09/09/2025 A Voice from the Gallery

“Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.”

Thurgood Marshall

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 #2 – Resolution 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 #3 – Iowa Lakes Corridor Update Trevor Smith was present to give the update and to introduce new member Jenny Dykema.  The Iowa Lakes Corridor serves four (4) counties with regard to Business Retention, Wages, salaries & benefits, and data.

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.

“Each of you, as an individual, must pick your own goals.  Listen to others, but do not become a blind follower.”

Thurgood Marshall

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.

07/22/2025 A Voice From the Gallery

Nunc pro tunc

    “Lat.   Now for then.  A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i.e. with the same effect as if regularly done.  Nunc pro tunc entry is an entry made now of something actually previously done to have effect of former date; office being not to supply omitted action, but to supply omission in record of action really had but omitted through inadvertence or mistake.

     Nunc pro tunc merely describes inherent power of court to make its records speak the truth, i.e., to correct record at later date to reflect what actually occurred at trial.  Nunc pro tunc signifies now for then, or, in other words, a thing is done now, which shall have same legal force and effect as if done at time when it ought to have been done. 

     Fed R. Civ. P 15(b) permits amendment of pleadings to conform to evidence.  Clerical mistakes in judgements, orders, or other parts of the record can be made by the courts under Rule 60 (a).” *

*Black, Henry Campbell, “Black’s Law Dictionary with Pronunciations, Abridged Sixth Edition Centennial Edition (1891-1991) Co Authors Nolan, Joseph R and Nolan-Haley, Jaqueline M with contributing authors, Connolly, M.J., Hicks, Stephen C. and Alibrandi, Martina N., West Group Publishers, 1991, page 738

The definition quotation above has significance regarding the duties of Gregg Owens in his legal and advisory role as Spirit Lake, Iowa city attorney and the role of Kevin Bice as the Spirit Lake, Iowa Mayor.

According to Spirit Lake Code of Ordinances, Chapter 15 which cites and effectively parrots the Code of Iowa, Section 372.14 (1) which states, “The mayor — the mayor pro tem. 1. The mayor is the chief executive officer of the city and presiding officer of the council. Except for the supervisory duties which have been delegated by law to a city manager, the mayor shall supervise all city officers and departments. 2. The mayor may take command of the police and govern the city by proclamation, upon making a determination that a time of emergency or public danger exists. Within the city limits, the mayor has all the powers conferred upon the sheriff to suppress disorders.”

Spirit Lake Code of Ordinances, Chapter 20 which again cites Code of Iowa, Section 372.13 (4) with regard to the appointment of a City Attorney, “The mayor shall appoint a City Attorney, subject to approval by the Council, to serve for a term of two (2) years and finally Spirit Lake Code of Ordinances, Chapter 21.01-21.03 which addresses the two-year term limit and specifies the powers, duties and general responsibilities of a City Administrator”

Folks and students, these Codes of Ordinances are available for your convenience on the city website, Iowa Codes of Ordinance can be found on State of Iowa website for your convenience.  The thing to remember that collectively the taxpayers and voters of Spirit Lake hold the “keys to the castle” in the form of their vote and their ability to present recall petitions.

Now for a written transcription of the July 22, 2025, meeting.

Mayor Bice in the presence of Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing via telephone.  Also present was City Administrator/City Attorney Gregg Owens.

The meeting came to order with the mayor’s call for the Pledge of Allegiance.

ITEM #1   Consent Agenda

  1.  Minutes of July 8th regular meeting
  2. Warrants of July 2025
  3. Cigarette permit
  4. Transfer and Manual Journal Entries for Second Quarter 2025.  (no definition or description of what transfer and manual journal entries encompass)

Motion was made by Councilman Brockmeyer to (globally-my term) approve (however without enumerating or reiterating the full contents of motion listed on the Consent Agenda with a Second to the motion from Councilwoman Kofoot, with no call for further discussion, Mayor Bice called for a voice vote with a unanimous Aye Vote X 5.

        ITEM #2 – $2,045,000.00 General Obligation Capital Loan Notes, Series 2025

  1.  Resolution – Appointing Paying Agent, Note Registrar, and Transfer Agent, Approving the Paying Agent, Note Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement.

Motion was made by Councilwoman Kofoot without reading the terms of the Resolution, failing to identify the paying agent, the note registrar nor the transfer agent, nor did the motion contain approving named paying agent, approval note registrar and transfer agent agreement naming names and authorizing named individual or individuals to execute the agreement with the Second from Councilman Johnson, with no call for further discussion, Mayor Bice called for a roll call vote resulting in a unanimous Aye Vote X5

b.  Resolution – approving and authorizing a form of loan agreement and authorizing and providing for the issuance, and levying a tax to pay the notes; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate.

Motion was made by Councilwoman Kofoot to approve and authorize the resolution without verbalizing the content of the Resolution, identifying or defining “a form of loan of agreement, without identifying or enumerating the dollar or percentage amount of the tax levy to pay the notes or describing the use of a Tax Exemption Certificate and exactly who will be awarded exemption status with Second came from Councilman Chappas and with no call for further discussion, Mayor Bice called for a roll call vote resulting in a unanimous Aye Vote X5.

        ITEM #3 – General Obligation Capital Loan Notes, Series 2025.

  1.  Resolution declaring an official intent under Treasury Regulation 1.150-2* issue debt to reimburse the city for certain original expenditures paid in connection with Specified Projects.

*Treasury Regulation 1.150-2 – https://www.govinfo.gov/content/pkg/CFR-2020-title26-vol3/pdf/CFR-2020-title26-vol3-sec1-150-2.pdf

Motion was made by Councilman Brockmeyer to approve the Resolution without reading or identifying the elements in the Resolution such as specifying WHAT original expenditures paid in connection with WHAT specified projects with the Second to the motion coming from Councilman Johnson, and with no call for further discussion, Mayor Bice called for a roll call vote resulting in a unanimous Aye Vote X5.

ITEM #4 – Setting public hearing on proposed annexation and approving publication.

Motion was made by Councilwoman Kofoot to set a public hearing regarding the proposed annexation and approval publication with a date of August 26, 2025, with the Second from Councilman Brockmeyer with discussion regarding purposes after which Mayor Bice called a roll call vote resulting in a unanimous Aye Vote X5.

        I responded to public comment.  I asked if there was a legal representation contract between the city of Spirit Lake and Mr. Gregg Owens and I asked if there was a statement from Mr. Gregg Owens regarding any possible Conflict of Interest.  Mr. Owens responded there was no contract, he was employed by the city.  He has still to respond to what his city salary or hourly time charges are for his services as a City Attorney and City Administrator. How are those services spread over the city’s financial books?  Mr. Owens did make the comment he had been with the city for 13 years but a few moments later he corrected that figure to “…31 years ago…”.  Sir I had the opportunity to be in the gallery during a meeting in or around 2004 over which Eric Nielsen presided as Mayor and the City Attorney was identified as Earl Maahs.  I do not remember you being involved at that time?  31 years ago, would put you on the city coffers somewhere around 1994?

        ITEM #5 ADJOURNMENT

Motion to adjourn the regular meeting was made by Councilman Chappas, with the Second from Councilman Brockmeyer and with no discussion the group adjourned the meeting with a voice vote X5 Ayes.  Meeting was adjourned at 6:43 p.m.

Folks I question the possible conflict of the city attorney and the city administrator being the same person.  It reminds me of a cartoon I saw decades ago in an issue of the Reader’s Digest.  It showed three men; a sheriff, a person accused of robbing a bank with his hands in the air, and an interpreter.  The gist of the scene was the alleged bank robber did not speak English; the Sheriff did not speak Spanish and thus the presence of the interpreter.  The Sheriff waved his gun at the alleged bank robber asking where the money was.  The alleged bank robber saw the gun and was scared.  The interpreter told the alleged bank robber (in Spanish) that the Sheriff would shoot him (the alleged bank robber) if he did not tell where the money was hidden.  The terrified alleged bank robber confessed to the interpreter in Spanish where the bank money was hidden.  The interpreter turned to the Sheriff and said in English, he (the alleged bank robber) says go ahead and shoot he’s not afraid of you!

TRUST BUT VERIFY.

07/08/2025 A VOICE FROM THE GALLERY

“…In law, a duty of care is a legal obligation to avoid acts or omissions that could reasonably be foreseen to cause harm to others…” As it relates to Iowa Code and described with the context of Chapter 668.1, “fault” in this chapter means one or more acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others or that subject a person to strict tort liability…”

With that said, I would like to open this “Voice from the Gallery” with the statement prior to the call of Mayor Bice’s call to order of the July 8, 2025, city council meeting, I advised Spirit Lake City Mayor Bice and prior to the appearance of Mr. Gregg Owens that I saw the agenda which had been published on city website had been amended to the extent of a third agenda item by way of a copy of the new agenda placed upon a chair for the attending public.  Since this appeared to be a last-minute amendment, I opined the new agenda needed to be approved by the council and prior to the council dealing with any portion of that agenda.  Mayor Bice commented to me that it would be taken of which I took to mean the council would be called upon to approve the amended agenda prior to any other council action. 

I returned to my seat and started to take note as the council members filtered in and finally when Mr. Gregg Owens presented himself for the meeting.  At that point Mayor Bice asked Mr. Owens if the council needed to approve the agenda where Mr. Owens told Mayor Bice emphatically, NO!  In the presences of Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing Mayor Kevin Bice called the meeting to order and failed to have the council approve the agenda. 

Now folks Mayor Bice did not address Gregg Owens acting as Spirit Lake City Attorney or acting as Spirit Lake City Administrator when he posed his question to Mr. Owens.  So, neither I nor the council had a clue to whether it was Spirit Lake City Attorney Gregg Owens giving his legal opinion or Spirit Lake City Administrator giving his quasi-Robert’s Rules of Order opinion.  Since the definition of city administrator is not contained within the staff definition of duties published on the Spirit Lake website I am using a general Iowa definition as, “… In Iowa, a City Administrator is a professional manager appointed by the City Council to oversee the daily operations of the city government. They are responsible for implementing policies set by the council, managing city staff, preparing budgets, and ensuring efficient delivery of public services. Essentially, they act as the chief administrative officer, working to execute the council’s vision and manage the city’s resources effectively…”

So, readers/taxpayers what is the accounting breakdown division of Spirit Lake City Attorney hourly fees and services and the wages/salary per hour of the Spirit Lake City Administrator?  I have asked those questions but to date I have received no answer.  I have asked for copies of the Resolutions which should be published on the website for the public to read, but I had to pay $.40 per copy for what should be publicly accessible for free.

At 5:30 p.m. Mayor Kevin Bice called the July 8, 2025, city council meeting to order.  No approval of agenda. 

Agenda Item #1   Mayor Bice called motion approving the consent agenda items.  a) minutes, b) bills* to date for July 2025 (what I call warrants), c) treasurer’s report June 2025., d) retail alcohol license Dickinson County Agricultural Society – class c retail alcohol license with outdoor service.  It is to be noted here *there is not an itemized document showing the figures or spreads (breakdowns) of the costs provided to the gallery.

MOTION from Councilwoman Kofoot, 2nd from Councilman Brockmeyer, no further discussion or explanation with regards to the bills/warrants from any of the council members.  Motion passed with a voice vote X5 unanimous Aye Vote.

So just when does the council ask questions on any particular warrant or bill presented? 

Agenda Item #2   Now folks this Resolution is as clear as mud.  I have a copy of the form, not completed with names or specifics.  The gallery did not have access to the completed notes on the Resolution which states:

RESOLUTION NO._______________

RESOLUTION DIRECTING SALE OF $2, 065, 000.00 (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2025)

Whereas. Bids, have been received for the Notes described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following:

$2,065,000 (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OLBIGATION CAPITAL LOAN NOTES, SERIES 2025

This document goes on to the name of the bidder and presumably the amount of the bid.  Which is not disclosed. 

Terms of the award:

          Final Par Amount as adjusted:  $____________

          Purchase Price as adjusted:       $____________

          True Interest Rate:                      _____________%

          Net Interest Cost:                       $_____________

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPIRIT LAKE, STATE OF IOWA:

Section 1.  That the bid for the Notes as above set out is hereby determined to be the best and most favorable bid received and, the Notes are hereby awarded as describe above.

Section 2.  That the statement of information for Note bidders and the form of contract for the sale of the Notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City.

Section 3.  That all acts of the Cler done in furtherance of the sale of the Notes are hereby ratified and approved.

PASSED AND APPROVED this 8th day of July, 2025.

                                                        Mayor signature____________________

ATTEST:

City Clerk signature____________________________

Agenda Item #2 (continued)

  1. Receipt of bids — no document for gallery
  2. Resolution Directing Sale

MOTION by Councilman Mensing, 2nd by Councilwoman Kofoot, No discussion, roll-call vote X 5 unanimous Aye Vote

Agenda Item #3   Street Closure Requests by Chamber of Commerce.

MOTION by Councilman Mensing, 2nd by Councilman Johnson

                   Discussion by Councilman John Chappas

Voice vote unanimous X5 AYES.

Public Comment

           Vickie Larsen

City staff comment 

          Spirit Lake PD new hire introduction

ADJOURNMENT

MOTION   Councilman Chappas, 2nd Councilman Brockmeyer

  No discussion, Voice Vote X5   Unanimous Aye vote

MEETING ADJOURNED AT 5:45 P.M.

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”

*About Red Skelton – Vincennes University. https://www.vinu.edu/about-red-skelton.html#Artist, date accessed June 26, 2025.

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.

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.

05/27/2025 A Voice From the Gallery

“…To contract new debts is not the way to pay old ones…”

George Washington

The May 27, 2025, meeting of the Spirit Lake City Council was called to order at 5:30 p.m. by Mayor Kevin Bice with five council members present:  Brett Johnson, Angela Kofoot, Keith Brockmeyer, John Chappas, and David Mensing.

The Pledge of Allegiance was recited and so the council settled down to proceed through the agenda.

Agenda Item # 1 was the consent agenda dealing with the approval of the special council meeting minutes of May 7, 2025 and the regular meeting of May 13, 2025. For those of you who do not know the concept of a consent agenda, a consent agenda is a portion of a meeting agenda that presents a grouping of routine or non-controversial items together, allowing them to be approved with a single motion and vote. The alleged purpose of this move is to save time and consideration by the council which ultimately results in the avoidance of separate discussions on each item thus clouding transparency.

For example, the meeting of May 7, 2025, which was dubbed a special meeting.  Present at this meeting was Mayor Bice, Councilman Johnson, Councilwoman Kofoot, Councilman Brockmeyer, Councilman Chappas, Councilman Mensing and City Attorney Gregg Owens at the 6:00 p.m. meeting.  It was noted in the minutes of this special meeting, “…motion by Councilman Brockmeyer, second from Councilman Mensing to go into a closed session pursuant to Iowa Code section 21.5 (c)* which states,

“…To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the positions of the governmental body in that litigation…” 

A roll call vote was taken with a unanimous vote Aye X 5 to go into executive session.  Unfortunately, the minutes fail to state how long the session was and at what time the meeting was adjourned.  Just the notation that,

“Motion by Chappas, seconded by Johnson to go out of closed session.  Roll call vote taken…” 

Followed by a Motion by Chappas, second by Johnson for adjournment with apparently no action taken. 

Approve the warrants of May 2025.

Agenda Item #2    Iowa Lakes Corridor update.  Two gentlemen from the Iowa Lakes Corridor, Curt Strouth- President/CEO and Trevor Smith- Senior Vice President of Economic Development spoke to the council with regard to their adopted initiatives of 1) workforce development and 2) entrepreneur pitch which dealt with available grant moneys and seed moneys.

          Agenda Item #3  Discussion and possible action regarding Wellmark Health Insurance with ICT and SISCO.  Action taken to approve contract, motion by Chappas, second from Brockmeyer with a unanimous X 5 Aye vote.

          Agenda Item #4  Discussion and possible action regarding Civic Systems computer software:   Action taken to approve (Option 3) a three (3) year contract with a motion from Brockmeyer with a second coming from Johnson, approval of the motion was a unanimous X 5 Aye vote.

          Agenda Item #5   Discussion and possible action regarding School Resource Officer Agreement.  Action taken to approve with a Motion from Kofoot, a second from Mensing to approve negotiation for a three (3) contract.  Approval of the motion was a unanimous X 5 Aye vote.

          Agenda Item #6   Resolution approving a plan and specification, setting public hearing and potential bid letting for 2025 City of Spirit Lake Pointe of Pines Third (3) Addition Infrastructure Improvement Project.  This Resolution was approved with a motion from Johnson and a second from Mensing and a unanimous X 5 Aye roll call vote.

          Agenda Item #7   Appointment to the Low Rent Housing Authority.  Gary Caviness appointee was approved with a motion from Brockmeyer and second from Kofoot, with a unanimous X 5 Aye vote.

          Comment from Councilman John Chappas, announcements and discussion on the projected start of the 23rd street improvement project.

Adjournment    Motion to adjourn the meeting by Chappas, seconded by Johnson and with a unanimous X 5 Aye vote the meeting was adjourned at 6:00 p.m.

A VOICE FROM THE GALLERY – 08/22/2024

August 22, 2024

“…I’m the small voice that thunders in the night, I’m the guard-dog who howls against the wolves…”. *

*Inspired by the voice of the character newspaper reporter and publisher Dutton Peabody so eloquently stated in The Man Who Shot Liberty Valance 1962 Paramount Pictures film.  From the screenplay by James Warner Bellah and Willis Goldbeck was adapted from a 1953 short story written by Dorothy M. Johnson. 

Imagine yourself a man, young, old, otherwise who has managed to survive some of life’s challenges both physically and emotionally taking on a narcissistic s***k. 

Your wallet cannot afford it, your family cannot be exposed to it, your reputation cannot afford the court appearances, your well-being cannot afford the stress or the bail and your employment is put into danger.

You have been skank-wallowed!

You have been warned and advised by your bail bondsman and the Jackson County Sheriff not to go near her, to abide by the law, full fill your court obligations and appearances.  Okay We can do that.  Yeah right!

Yesterday, I accompanied Tom to his court appearance and to apply for assistance to hire a lawyer as body guard and advisor.  Two other family members sat with us in the Zoom hearing at 10:00 a.m.  The hearing lasted approximately 15 to 20 minutes.  Two of our party of four traveled downstairs while Tom and I went to complete the reapplication for court appointed attorney.  When we came out of the courthouse on lower south side parking lot and in which Tom parked his vehicle.  Tom looked toward his car and whispered to me; they are here!!  They are here!  I did not immediately understand what Tom was saying to me.  He pointed to an orangish red car, license plate Minnesota 272 OAB – TOYOTA COROLLA SPECIAL parked RIGHT NEXT TO HIS CAR.  Tom told me that is Lori’s car, (her mother).  Tom was visibly shaken, he checked-out his car for any damage and immediately climbed into his car and left.  I stuck around to see who was driving the car, since there was no one in it.  From a two-block distance I watched to confirm the driver of the vehicle, I had assumed there was camera on the parking lot of the courthouse for safety reasons.  Pictures were taken, see the truth.

I called the courthouse today to confirm there were indeed cameras operating surveillance and I was referred to the Jackson County Sheriff’s office for an answer on August 22, 2024, at 10:15 a.m.  I was referred to someone called a dispatcher who’s name was Kathy.  I told her of the incident and explained that I needed access to the camera footage of DM deliberately parking next to my brother.  DM knew HIS car because she had been driving it without permission of its owner for the past year and DM has a history of this behavior.  Dispatch Kathy told me that it was no against the law for DM to park next to Tom.

DISPATCHER Kathy DO YOU HAVE A LAW DEGREE?  By what right do you offer up legal advice that would have the potential of my brother’s bail being revoked and him thrown in jail?  Last I knew stalking was illegal, particularly stalking children, parties who have been directed no contact and vulnerable adults.

07/11/2024 A Voice From the Gallery

IF WE ARE WISE, WE WILL PREPARE FOR THE WORST

GEORGE WASHINGTON

It seems we all have to live through a catastophe or two before we actually take steps to prepare.

We (Peter and I )have survived two fires and two floods in the past decades. One fire and flood in our home and one fire and flood in our business. I am here to tell you, amazingly enough we did survive and what I would characterize relatively minor in view of the events in the past weeks.

The first fire and flood happened in our home in Woonsocket. We had a flooded basement, I had stored some things in a fibre barrel but lucked out with little to no damage. The fire was scary, it was our fireplace. It was a zero clearance fire place in our den/living room but the actual chimney was on the outside wall of our house. We were watching television and heard some crackling. I looked up to the vents in the wall to see fire coming out of them. We called the fire department who responded quickly and we had little damage which was limited to the outside wall of the house.

We moved to Alcester, established our business and home there. The fire in Alcester was more catastrophic and at our business. Some time after the second shift left at midnight, something ignited a cardboard gaylord of 600 pounds of plastic. Usually plastic will only burn with a direct flame so it was assumed something had ignited the cardboard gaylord and it kept the flame alive. The gaylord was situated in the middle of the building. It burned all night, the next morning when the supervisor showed up to start the day shift he walked into a cave-like smoke filled black hole. He called the fire department and then notified us. I remember walking into the building, noted something draped over the rafters (it was PVC water pipes that literally melted from the heat) and everything was covered in black oily soot. The state fire marshall determined the heat in the ceiling area was around 600 degrees fahrenheit. The interesting thing was there was no fire that could be seen at that time. The fire literally had consumed all the oxygen in the building and put itself out. It pulled the oxygen out of drawers and replaced it with black oily soot. All surfaces were covered with the 600 pounds of oily soot. The fire had transformed the 600 pound of plastic to 600 pounds of oily soot. Clean up was a long, filthy process. The clean-up company we contracted with to clean up the mess, hired our employees to help with the clean up.

The flood of our business was not expected. I had already taken steps to place anything stored in the building into plastic tubs with lids. I had it covered. Yeah 2011 when the trees went down on the east side of the bridge on Hwy 11 blocking the culverts, the high water in the creek went around and flood everything from the bridge north to the Total Stop, south to Mrs. Boetel’s home and property east and west of the bridge. I had to call the County road department to get someone up to clean the blockage from under the bridge, otherwide they were going to lose the road and possibly the bridge. Then I had to retrieve the tubs which floated just fine from the east warehouse door to the north door on the far west of the building. I didn’t consider the ‘float’ option.

We are in a situation where the culverts at the intersection of Iowa and South Street are all but completely occluded due to deadfall trees and chaff. Volunteer trees were allowed to grow along the creek, eventually falling into the creek and moving down stream whenever the water level and flow speed was raised due to storms.

I was directed to State Yankton Area Engineer Greg Rothschadl with whom I had a discussion concerning the issue. I certainly had a personal interest in getting the deadfall and agricutural trash our of the culverts at the bridge and down stream. All Engineer Rothschadl could pontificate was, “…I can’t/won’t cut down trees…” Then he told me, “…you can go out and cut them (the trees) down…” to which I responded, “…I cannot go onto private property…”.

To which Engineer Rothschadl responded, “…we wait untill the trees fall down (into the bridge) and then we remove them…”

Now folks I volunteered/worked with the Union County Emergency Management group. We trained, trained others and the goal was to take steps to manage and control emergent situations BEFORE they happened and not pick up the pieces AFTER they happen. Perhaps Engineer Rothschadl you consider that in your attitude. Definition of an engineer is what? Oh yeah,

“...Engineers apply scientific principles to analyze, design, invent, code, build, and create to solve all sorts of problems and make the world a better place...” (AUTHOR unkown)

05/03/2024 Voice from the Gallery

Success is never final; failure is never fatal. It’s courage that counts.

John Wooden

I have not made it to council meetings as you all know.  It is not because I do not care nor is it because I am no longer interested but I find I must sit back and let others take on the reporting now for their empowerment.

Alcester City Finance Officer David has video-taped and made city council meetings available to the public and the mayor and council have supported him in this endeavor.  It is a great move forward.

I have heard accounts which have arisen and while I cannot report them because I did not witness them myself.  I will however, take this opportunity to suggest some changes for the council to look into with the idea of adopting.

Regarding legal issues and legal advice, I would suggest to the council to take these steps into policy.  First when the city goes into Executive Session, it is my opinion that complete notes are kept by the city and by the city attorney for the purposes of legal standing.  It is imperative for both the mayor/city council and the city attorney each have an approved record of what was discussed for archival purposes. These ES (Executive Session) minutes would not be subject to open records request and would only be accessible through Judiciary approved access.

The logic behind these ES special session records would be to the protection of the council and the city attorney equally and severable.  The city attorney’s purpose is to advise the city of on actions available, actions which could or should be taken and possible consequences of actions arising out of any issue which may come before the council regarding legal issues.  The Mayor and Council may take this advice verbatim, ignore the advice in part or in whole, or come up with a mutually agreeable position per statute the City/Mayor may take on any given issue.

This recording of discussion and minutes would come into play in the event where the council makes a decision to act solely upon advice of the city attorney basing their collective decisions and relying on the advice of legal counsel. 

Where this is comes into play is when legal counsel advices a mayor and city council to take a particular action for which the Mayor and City council are consequently sued jointly and severally.  This means the council is sued as a group and individually and the city attorney tells the group, “You will have to each have to have your own attorney, I cannot represent you.”  So, who bears the cost?  How does the group prove they acted upon advice of counsel?

In addition, the city of Alcester must require an itemized billing statement each month for services rendered and for which the city attorney is billing the city of Alcester.  This itemized statement would report how many hours were spent on each issue before the city for that month, how many meetings and hourly fees charged with non-council players.  i.e.  Geoff Fillingsness, law enforcement for the city and et.al. How many court appearances, petitions, briefs and other necessary filings in local courts are being billed for each month with a final summary of all time spent on each issue at its completion, decision and awards levied against the city or awards in payment to the city.  The Council and Mayor need this information to make their decisions. 

I have spoken to the council in session toward this inventory in the past and I did have a short conversation with City Attorney Sam Nelson after that request.  I am aware of the privacy of Executive Session but the itemized statement and the minutes of the Executive Session would be kept private unless a Judge releases and/or declares the information public in nature.  Executive Sessions are not public generally due to the sensitive nature of employee discussions, contractual discussions, and so-forth which may set an individual up for public censure.  Having been the target in an Executive Session in which I requested/wanted the session to be public and recorded. was denied with a law-school-student-city-council-member making the statement, “…Executive Session was for the protection of the council not me…”

The Mayor and Council need to have this record and itemized statements in written/recorded form to be able to put up a reasonable defense of any actions taken by the council jointly or severally.    

                                                              Vickie A. Larsen