Tag: Spirit Lake City Attorney Gregg L. Owens

08/26/2025 A Voice from the Gallery

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself”.

Alexander Hamilton

 Mayor Bice called the regular meeting of the Spirit Lake City Council to Order on August 26, 2025, at 5:30 p.m. with the recitation of the Pledge of Allegiance.  Council members Brett Johnson, Angela Kofoot, John Chappas and David Mensing were present with Councilman Keith participating via telephone.

          AGENDA ITEM #1 Mayor Bice called for the council consideration of the Consent agenda which contained a) the minutes of the August 12, 2025, regular meeting for approval, b) the warrants for August 2025 approval for payment, c) council consideration and approval of the retail alcohol license for Juniper Lane (class C retail alcohol license), and d) council consideration and approval of the change in ownership of the retail alcohol license for Hy-Vee and Hy-Vee Wine and Spirits license.

          Motion by Councilwoman Kofoot, Second by Councilman Mensing with no further discussion, the council voted to approve collectively the consent agenda items a) through d) with a unanimous vote X5.

          It is to be noted here that contrary to what appears as the recorded minutes these items were treated as one aye vote response which encompassed the various parts of the consent agenda as a group not individually.  The purpose of a consent agenda is loosely described as streamlining measure however “Consent Agenda” is not defined specifically in IOWA CODE.  Chapter 21 of Iowa Code does deal with the dos and don’ts of Consent Agenda by detailing the process by which Consent Agenda is effected into the municipal government meeting and how it is reported in the minutes of the regular meeting.  The Iowa League of Municipalities is a great source for cities using this manipulation of process.

          AGENDA ITEM #2   Mayor Bice called for the consideration of Resolution* 2025-42 cancelling a previously scheduled public hearing and setting a new public hearing on the proposed annexation and approve publications of hearing notice.  Explanation, a public hearing had been scheduled for August 26, 2025; to deal with an annexation request by Lee Seemann and Indian Hills Properties however due to the recent withdrawal of that previous request and submission of a new request to annex additional real estate properties with certain exceptions the city council must adequately review the effects the changes to the annexation request and exceptions will have on jurisdictional questions and possible municipal liabilities.  Mayor Bice called for a motion to approve the withdrawal of the previous application and accept in its place the new applications for public hearing projected date September 223, 2025, and approval by the city council.

          Motion by Councilman Johnson, Second by Councilman Mensing and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Johnson-Aye, Councilwoman Kofoot – Aye, Councilman Brockmeyer via phone – Aye, Councilman Chappas – Aye and Councilman Mensing – Aye for a unanimous Aye vote X5.

          AGENDA ITEM #3  Mayor Bice called for consideration of the Resolution 2025-43 which would approve a water service agreement with Osceola Rural Water System, Inc.  The council has deemed an agreement for water services between the city of Spirit Lake and ORWS (Osceola Rural Water System) necessary and seeks approval of Spirit Lake City Council.  While the verbiage of the written Resolution provided the gallery did not mention a monetary amount or full name of the mayor for signature, during discussion an amount of $75,000.00 per a Formula calculation and a reference to fire services by Councilman Johnson’s query.

          Motion by Councilman Chappas, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Mensing-Aye, Councilman Chappas – Aye, Councilman Brockmeyer via phone – Aye, Councilwoman Kofoot – Aye and Councilman Johnson – Aye for a unanimous Aye vote X5. 

          AGENDA ITEM #4  Mayor Bice called for consideration of the Resolution 2025-44 in which council approval is sought to notify and certify to the (Dickinson County I presume?) County Treasurer of $445.00 delinquent unpaid nuisance charges against individuals, properties, parcels and out lots listed as West Okoboji Harbor, Inc.

          Motion by Councilman Chappas, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Mensing-Aye, Councilman Chappas – Aye, Councilman Brockmeyer via phone – Aye, Councilwoman Kofoot – Aye and Councilman Johnson – Aye for a unanimous Aye vote X5.

          AGENDA ITEM #5   Mayor Bice called for consideration of Resolution 2025-45 in which council approval is sought to notify and certify to the (Dickinson County I presume?) County Treasurer of $230.00 delinquent unpaid nuisance charges against individuals and properties listed as Lakeview Trust, Osbornes Addition.

Motion by Councilman Chappas, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Brockmeyer via phone – Aye, Councilwoman Kofoot – Aye, Councilman Johnson – Aye, Councilman Chappas – Aye, Councilman Mensing-Aye, for a unanimous Aye vote X5.

AGENDA ITEM #6    Mayor Bice called for a discussion of and possible council action regarding the 2025 City of Spirit Lake Lime Pit Discharge Improvement Project.  Per comments offered without disclosing the quote amount nor the entity which did offer ups what I presume was the one and only quote on the project, Mr. Arneson, representative of Beck Engineering commented he was concerned only one quotation was received and due to the short time frame in the bidding process which may have prevented competitive bidding on the project.

Council members discussed this scenario and elected to reject the one quote, sending it back and to have the project put back up for competitive bidding with a lengthier time frame allowed for presenting bids to the city.

Motion by Councilman Mensing, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a voice vote to approve a re-bid for the project.  Vote was unanimous  Aye vote X5

With communications, comments by the public in which Vickie Larsen suggested the public input be moved higher up on the agenda to allow the public make comments on any agenda items BEFORE the council vote, comments time for mayor, council and staff.

          ADJOURNMENT    Mayor Bice called for a motion to adjourn.

          Motion was made by Councilman Chappas, Second by Councilwoman Kofoot and with no discussion, the unanimous Aye vote X5 closed the meeting

at 5:50 p.m.

Folks I would like to address the absence of some things from the minutes which I feel should be documented in those official meeting minutes.

06/10/2025 A Voice From the Gallery

A basic tenet of a healthy democracy is open dialogue and transparency.

Peter Fenn

The June 10, 2025, city council meeting was called to order at 5:30 p.m. by Mayor Keven Bice with the following council members present:  Brett Johnson, Angela Kofoot, Keith Brockmeyer, John Chappas, and David Mensing…absent was Gregg Owens, city administrator/city attorney with the recitation of the Pledge of Allegiance.

Agenda Item #1. Consent agenda

 a. Minutes of the May 27 the regular meeting

b. Bills for June, 2025

c. Treasurer’s Report for May, 2025

d. Retail Alcohol License for Wal-Mart Supercenter #1415 (Class E Retail Alcohol License)

e. Cigarette permits

f. Device Retailer License for Carroll’s Tobacco Outlet Plus LLC

The consent agenda was read as listed on the agenda but with little explanation and no questions from the council on the specifics of the listed items.

Motion by Councilwoman Kofoot, Second by Councilman Johnson with no discussion call for by Mayor Bice and no discussion questions offered by the council, Mayor Bice called for a vote.  It was a unanimous voice-vote X five (5) to pass all of the items listed under the title consent agenda.

Agenda Item #2. Liquor License for V.F.W. Service Club (Class C Retail Alcohol License with outdoor service)

Motion by Councilman Mensing, Second by Councilman Brockmeyer again with no call for further discussion by Mayor Bice and no input from the council members Mayor Bice called for a vote.  It was a unanimous voice-vote X five (5) to approve the Liquor License for the VFW Service Club.

Agenda Item #3. Discussion and possible action re (regarding) street closure for Sportsman’s Tiki Ride.

Present and presented a brief explanation of the action request for street closure was Mr. Tryon sponsor of the Sportsman’s Tiki Ride event.  Once Mr. Tryon finished his brief remarks Mayor Bice called for a motion for approval of the street closure.  Motion by Councilman Mensing, Second from Councilman Brockmeyer, once again with no call from Mayor Bice for discussion and no input from councilmembers, Mayor Bice called for a vote.  It was unanimous voice-vote to approve the street closure X five (5).

COMMUNICATIONS

Meeting minutes:

Comments by Public – Vickie Larsen responded with regard to a FOIA request.

Comments by Mayor, Council, and Staff

Adjournment:  Mayor Bice called for a Motion to adjourn at 5:36 p.m.  Motion by Councilman Chappas, Second from Councilman Brockmeyer and once again with no call for further discussion, Mayor Bice called for the vote.  A unanimous voice-vote X5 for approval to adjourn.

  The meeting was adjourned at 5:36 p.m.

06/08/2018 A Voice From the Gallery

SPIRIT LAKE, IOWA

He was like a cock who thought the sun has risen to hear him crow.

George Eliot

“…That’s your problem…” retorted Spirit Lake City Administrator/City Attorney Gregg Owens.  Thus began the Friday, June 1, 2018, conversation between Spirit Lake city taxpayers and City Administrator Gregg Owens regarding the big blue Petri dishes the city dropped off  last week.

My husband Peter and I visited the Spirit Lake City offices on Friday, June 1, 2018,  to speak with City Administrator Owens concerning the garbage can situation after Peter had spoken to a city councilor and realized the city councilor was no more informed that we were.  We had received no letter of information on the substantive change in the way garbage was going to be handled with our water bill.  Our first knowledge was a telephone call telling us we had a big blue Petri dish (my term) with sail boats sitting at the end of our driveway.

When we stopped by the city offices on that Friday we asked to speak with Mr. Owens, he was on the telephone so we sat down to wait until he was free.  As we waited the staff in the city offices received numerous telephone calls, all with questions on the blue garbage cans recently deposited.  Judging from the responses by the staff, the questions ranged from type of materials to be place in the containers, placement on the curb, storage, and etc.

Finally Mr. Owens ended his telephone conversation and graced us with his presence.  When Peter explained our concerns on garbage placement on Sunday, pick up on Monday which presented the problem leaving the empty garbage can at the curb until we returned in a week or two weeks.  Mr. Owens gracelessly responded, “…that’s your problem…have your neighbor roll it back to your house…it is your responsibility…”

Since Peter had a meeting, we left and I returned alone for information.  I asked the clerk for a copy of the ordinance involving the change in garbage handling.  My request was still hanging in the air, when City Administrator Owen came rippin’ outta his office like he OD’d on his high colonic meds that morning, someone forgot to turn off the irrigation pumps and the only comfort station was the clerk’s counter!  Mr. Owens interrupted the clerk stating, “…the ordinance was not signed and he could not give me a copy…” and he abruptly returned to his office.  I asked the clerk where or how many of the blue garbage cans were purchased?  Bam! Here come da man wit da trots on the run stating, “… You (indicating me) can make a records request and at a cost of $10…the minutes are on-line” turned on his heel and returned to his office.  I asked the clerk about roll-off containers, enter Mad Dash Owens (and I don’t mean Jesse) streaming back into the conversation.  Why folks with all that to-ing and fro-ing from his office, I feared ol’ City Administrator Owens was going to do serious damage to his anal sphincter.  By this time I had the basic research information I needed, so I left.

Folks you were gifted with a brochure extolling all the benefits of the super-dooper single operator mobile armed garbage catapult.  Cost for the New Way Sidewinder/Peterbilt chassis per City Administrator Gregg Owens–$246,707.00, approximate cost of 2500 Blue Garbage cans $25 each for a net cost of $62,500.00, add $2-$5 for Logo printing plus shipping, handling, bond interest (if needed) and of course attorney fees for the drawing and filing of the resolution.

Let’s compare:

PRO – One operator                                 

CON – Two jobs lost

PRO – Safety-operator does not hang off truck back  

CON – Driver watching three camera’s (rear, left side & dump arm) driving distracted on residential streets.

PRO – Same green bag contraband rules

CON – Who is the bad garbage monitor- the driver watching road and cameras.

PRO – Clean-sanitary

CON – Great Petri-dish, ever put liquids or spoiled food in a sealed baggie and set it in the sun?

PRO – Bug proof

CON –  There is no significant rubber gasket on the  lid or the garbage can so enter flies, ants, maggots, gnats and the occasional code enforcement officer, Inspector Nit-pick-finder and louse storage next to your house—does garbage can ‘blue’ match your decor?

PRO – City Property

CON – You cannot put your name on the big blue Petri dish so it makes it easier to steal when the cross-town neighbor loses or damages his Great Blue Petri-Dish.

PRO – Clear street parking

CON – The 84,000 pound mobile armed garbage catapult vehicle must make two trips down all city streets.

PRO – Save payroll costs

CON – Implementation of  a street maintenance tax at around $1- $2 per frontage foot for those street repairs resulting in the two trips per week of  84,000 pounds per week instead of the approximate present single trip per week of 51,000 pounds per week.

PRO – Increase income from parking tickets.

CON – Plowing and towing tickets to taxpayers!

PRO – Free garbage cans.

CON – If lost, stolen or damaged $50+/- resident cost.

And lest we forget, the City Attorney Conflict

PRO:  City Attorney fees for each and every amendment to the resolutions/ordinance filed to fix City Administrator errors and omissions to the Great Garbage Debacle.

  CON:  Increase in Taxes for Taxpayers, Resident and Non-resident!

 

Contact your city council

ASK Councilman Jerry Harbst, Councilman Kevin Bice, Councilman Rodney James, Councilman Wes Farmer, Councilwoman Donna Fisher, OR City Administrator Gregg Owens—-WHY?