09/09/2025 A Voice from the Gallery

The September 9, 2025, regular meeting of the Spirit Lake City Council meeting was called to order at 5:30 p.m. with Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing present in their seats in the council room.  The meeting was called to order with the recitation of the Pledge of Allegiance by all.

          Agenda Item #1 – Consent Agenda   Mayor Bice called for a motion to approve the items contained within the Consent Agenda.  Items included:  a) Minutes of the August 26, 2025, regular meeting of the council, b) Warrants for September 2025, c) Treasurers report for August 2025, and d) Approval of Class C Retail Alcohol Licenses for El Mariachi Bar & Grill, Toast on Hill, and El Caporal Mexican Restaurant.  Motion was made by Councilwoman Kofoot, Second from Councilman Brockmeyer, with no further discussion Mayor Bice received a voice vote of unanimous five (5) Ayes votes.

          Agenda Item #2Resolution approving the primary plat of Southern Hills Fourth Addition Subdivision.  Mayor Bice called for a motion to approve the resolution as described.  Motion to approve was made by Councilman Mensing, Second from Councilwoman Kofoot, discussion dealt with a question on the name by Councilwoman Kofoot.  Mayor Bice called for a roll call vote.  Councilman Johnson abstained, Councilwoman Kofoot – Aye, Councilman Chappas – Aye, Councilman Brockmeyer – Aye and Councilman Mensing – Aye for a unanimous X4 Aye vote.

Agenda Item #4 – Resolution accepting competitive quote, awarding to the prevailing bid on the e 2025 City of Spirit Lake Lime Pit Discharge Improvement Project.  Three quotes were received and the prevailing bidder was VanderPol Excavating with a bid of $261,590.00.  Mayor Bice called for a motion to accept and award the winning bid. Motion was made by Councilman Brockmeyer, Second was from Councilman Mensing and without further discussion Mayor Bice called a roll call vote:  Councilman Johnson – Aye, Councilwoman Kofoot – Aye, Councilman Brockmeyer – Aye, Councilman Chappas – Aye and Councilman Mensing – Aye for a unanimous X5 Aye vote.

Agenda Item #5 – Discussion and possible action regarding Urban Renewal General Engagement Agreement with Ahlers-Cooney, PC Law Firm.   A requirement viewed as necessary by City Attorney Owens or is it City Administrator Owens with very little explanation other than the one I received after the meeting adjourned.  Just a quick look up this firm describes itself as “…an entity which understands Iowa’s cities, counties, municipal utilities and other public bodies require comprehensive representation…and their attorneys also service a bond counsel for cities, counties and municipal utilities…”

(https://www.ahlerslaw.com/practice-areas/public-law-practice-area).

Motion to enter into an agreement with Ahlers-Cooney, PC to presumably handle the Urban Renewal General Engagement Agreement was made by Councilman Johnson, with Second coming from Councilwoman Kofoot.  No specific discussion as to the who, what and where of costs, span of representation and etc. was made at the time of the motion.  Mayor Bice called for a vote to approve; voice vote unanimous Aye X5.  Since there was no copy of the agreement provided to the Gallery I have questions: Exhibit A – Scope of Services to be provided to our City Attorney and our city which should include review and analyze the existing plans, conduct public outreach and engagement, perform market and feasibility studies, develop and present alternative land use concepts, prepare grant application and financial models, providing project management and oversight. Exhibit B – Compensation Schedules, hourly rates (principle $? per hour, project manager $? per hour), fixed fees, and payment milestones Exhibit C – Other entities involved.

          Agenda Item #6 – Appointment of Airport Authority Board.

      Motion by Councilman Mensing, Second from Councilman Johnson to approve the board. (I was having trouble hearing, but I did not hear the members who were appointed or re-appointed until I read them in the minutes of the meeting published on the website.

Prior to adjournment on agenda the entries listed below appeared:

  • Meeting minutes Planning and Zoning Commission?
  • Comments by Public
    • Vickie Larsen expressed concerns of no parking signage on 23rd street regarding size, height, color and proper placement of city signage.  Iowa Code 321.358 (Manual on Uniform Traffic Control Devices (MUTCD) In Iowa, signage follows the guidelines of the national Manual on Uniform Traffic Control Devices (MUTCD), which dictates the color, size, and placement of signs to indicate speed limits and related information
      • Vickie Larsen also spoke to the lack of city council adjournment times appearing in the minutes or announced by the mayor as he declares the meeting adjourned.  What time?  Is there a reason for not publishing the time of adjournment or duration of the regular meetings?
    • Another member of the gallery spoke to the parking on Hill Avenue and Lake Street in the downtown area.  Specifically addressing the 2-hour time frames allowed.  (Gretchen Hinn-the name was taken from the website minutes.)
  • Comments by the Mayor, Council and Staff.

Adjournment

          Motion by Councilman Chappas, Second by Councilman Johnson, no discussion with a unanimous Aye X5 vote.  Mayor Bice announced the meeting was adjourned but failed to state the time of 6:00 p.m. adjournment. 

After the meeting I asked the question, why does the City of Spirit Lake need to hire a firm out of Des Moines when we have our own City Attorney/City Administrator who I presume has been licensed and is current in his certification by the Iowa Bar.

Some good advice from Thurgood Marshall.

06/24/2025 A Voice From the Gallery

I pledge allegiance
to the Flag of the United States of America,
and to the Republic, for which it stands;
one nation, indivisible, with liberty and justice for all.

Mayor Bice called the meeting to order with Councilwoman Kofoot, Councilman Brockmeyer, Councilman Chappas, Councilman Mensing present and Councilman Johnson presence via telephone with the recitation of the Pledge of Allegiance.  As I write this, I am reminded of Richard Bernard Skelton aka Red Skelton performance of:

“Red’s Pledge of Allegiance*

I had this one teacher, he was the principal of the Harrison School, in Vincennes, Indiana. To me, he was the greatest teacher, a real sage of my time. He had such wisdom. We were all reciting the Pledge of Allegiance one day, and he walked over. This little old teacher – Mr. Lasswell was his name. He said: “I’ve been listening to you boys and girls recite the Pledge of Allegiance all semester and it seems as though it is becoming monotonous to you. If I may, may I recite it and try to explain to you the meaning of each word?”

I – me, an individual, a committee of one.

Pledge – dedicate all my worldly goods to give without self-pity.

Allegiance – my love and my devotion.

To the Flag – our standard, Old Glory, a symbol of freedom. Wherever she waves, there is respect because your loyalty has given her a dignity that shouts freedom is everybody’s job.

Of the United – that means that we have all come together.

States – individual communities that have united into 48 great states. 48 individual communities with pride and dignity and purpose, all divided with imaginary boundaries, yet united to a common cause, and that’s love of country.

Of America.

And to the Republic – a republic – a state in which sovereign power is invested in representatives chosen by the people to govern. And government is the people and it’s from the people to the leaders, not from the leaders to the people.

For Which it Stands!

One Nation – meaning, so blessed by God.

Indivisible – incapable of being divided.

With Liberty – which is freedom and the right of power to live one’s life without threats or fear or any sort of retaliation.

And Justice – the principle and quality of dealing fairly with others.

For All. – which means, boys and girls, it’s as much your country as it is mine.

And now, boys and girls, let me hear you recite the Pledge of Allegiance.

“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, indivisible, with liberty and justice for all.”

Since I was a small boy, two states have been added to our country, and two words have been added to the Pledge of Allegiance – “under God.” Wouldn’t it be a pity if someone said, “That is a prayer,” and that would be eliminated from our schools too? – Red Skelton”

After we resumed our seats after the pledge, Mayor Bice called for:

Agenda Item 1-Consent Agenda which consisted of:

  • Approval of minutes of the previous public meeting.
  • Approval of warrants since the previous meeting.
  • Approval of an alcohol license for Kwik Star 1012 Class B retail which is described: “allows for the retail sale of beer and wine for off-premises consumption, and may also permit wholesale sales to other on-premises retailers”. 
  • Approval of a cigarette permit …which remains a mystery to whom the permit was issued since it was not stated on the agenda nor did I hear any name attached to the permit.

A consent agenda consists of typically routine, procedural and non-controversial matters grouped together for a single vote and is allegedly to save time and allow the council to focus on more significant issues.  So, tell me Spirit Lake City Administrator/Spirit Lake City Attorney Owens who I presume is the author of this consent agenda, warrants (city bills) are not a significant issue?  That approval and verification of the accuracy of previous meeting minutes have no relevancy City Administrator Owens?  It seems to me the definition of streamline Spirit Lake City meetings is to hide behind the green curtain of OZ.  MOTION by Councilman Brockmeyer, 2ND by Councilwoman Kofoot, no call for further discussion, Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #2– 2025 City of Spirit Lake Pointe of Pines 3rd Additional Infrastructure Improvements Project with a public hearing on the matter but with no description or detailing on this agenda item/resolution document available in the meeting.   Meeting was opened to public comment on this one issue.  Two gentlemen asked the question referencing caps on lot prices and TIF tax increment fund.  With no real answers to these gentlemen’s query and no further public input the public comment part of this agenda item was closed and the council moved to vote on the Resolution.  MOTION was made Councilman Mensing, 2NDby Councilwoman Kofoot, no question for further discussion, Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #3 $2,065,000.00 (Dollar Amount Subject to Change) General Obligation Capital Loan Notes Resolution. And again, no resolution document present for the public follow along and read, nor was there any explanation other than a reference to approving electronic bidding procedures and Official Statement of which there was no copy present.  MOTION by Councilman Chappas, 2ND by Brockmeyer and with no question for further discussion Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote. Please note the Parenthetical notice that the Dollar Amount is subject to change and there was no discussion as to how that amount could change up or down?

Agenda Item #4   Olde Town Betterment Incentive Program Applications for 710 Lake Street.  Mike Alberts discussed and described potential changes to the building in question.  MOTION by Councilwoman Kofoot with a 2NDfrom Councilman Johnson to consider the application.  Vote?

Agenda Item #5   Resolution approving Pay Application #4 and closing out the WTP Automation and Control Upgrades Phase 1 Project with an appearance by Zack from Beck Engineering.  No description provided nor any details on the contents of the resolution.  MOTION by Councilman Mensing, 2ND by Councilman Brockmeyer, no call for discussion, Mayor Bice called for a roll-call vote, roll call vote was unanimous X5 aye vote.

Agenda Item #6   Resolution approving application for change order Reconstruction Project re 2024 City of Spirit Lake Pinewood Drive and 35th street, once again no documents provided to describe or detail the resolution. Motion by Councilwoman Kofoot, 2ND by Councilman Mensing, no call for further discussion or detail description.  Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #7 Resolution for non-profit grants.  Again, no document present for gallery nor was there a suitable description of the resolution.  MOTION was made by Councilman Brockmeyer, 2ND by Councilman Chappas with no call for further discussion Mayor Bice called for a roll-call vote by Mayor Bice.  Roll call vote was unanimous X5 Aye Vote.

Agenda Item #8 Resolution non-profit Grant Meals-on-Wheels.  Again, no resolution document describing the action to be taken.  MOTION by Councilman Mensing with 2ND from Councilman Chappas, no call for further discussion, Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #9   Resolution to approve a transfer of funds.  Sounds like the AC was just turned on.  Another resolution without document for public perusal and full explanation or description of action.  MOTION by Councilman Johnson, 2ND from Councilwoman Kofoot, no call for further discussion to clarify this action, Mayor Bice called by a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #10   Appointment to Boards and Commissions.  Library Board question involved the reappointment of a current member but because the council cannot seem to find funds for microphone so the public can hear must resort to reading lips the name of the appointee cannot be confirmed until the publication of the minutes in the official city newspaper.  MOTION by Councilman Brockmeyer, 2ND from Councilman Chappas, no call for discussion for clarity, Mayor Bice called a voice- vote X5 unanimous aye votes.

Communications Meeting minutes, Safety Minutes???

Comments by Public Folks this is where transparency disappears for the public.  This line item appears AFTER all the votes are taken, no questions can be asked of the council and the council usually nods their heads and forgets about any public concerns on any of the items voted upon before the public had a chance to make their opinions on any particular line item of the agenda prior to vote.  TRANSPARANCY JUST HAD BIG BUCKET OF MUCK DUMPED ALL OVER IT!

I did address the council asking the status of my Freedom of Information request submitted on May 30, 2025, via mail requesting the following information:

  • List of City Council member rate of pay per meeting and/or per hour for regular Spirit Lake City Council Meeting.
  • City Council member rate of pay per meeting and/or per hour for special meetings of the Spirit Lake City Council.
  • List of sitting city council members who have attended the Iowa League of Cities recommended MLA (Municipal Leadership Academy which lays out council roles, municipal finance and budgeting, legal responsibilities, meeting procedures, council effectiveness and other important issues new council members will need to function properly.

     I also asked the council for a description/definition of City Attorney and City Administrator and received no response.

 ADJOURNMENT CALLED. MOTION by Councilman Chappas, 2ND by Councilman Brockmeyer and with a voice vote a unanimous X5 Aye vote and the meeting was adjourned.