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KLEM News AM Update October 19, 2010

(LE MARS)--How often will the more than 32-hundred households in Le Mars have garbage and recycling collected next year?

That's the question before the Le Mars City Council at a noon public meeting today (Tuesday).

The Council voted in June to move to mandatory recycling next year. The move included a rotation of garbage and recycling collection which reduces garbage collection for residents to every other week.

Two weeks ago, Council member John Rexwinkel asked that citizens be given one more chance to voice their opinion and have one more Council consideration. Rexwinkel's input focused on sanitation and odor concerns from every other week garbage collection.

The Solid Waste Committee and City Staff are recommending the Council follow the action approved earlier this year. The committee also stated if the program is tried for six months and there are substantial problems, the Council can vote to return to every week garbage collection.

The Council hears comments from the public on changing the zoning of land along 14th Avenue East, J-R's Addition, to a residential district rather than a rural district.

Weinberg Investments has requested an update of the lease for the land at the location of Floyd Valley Apartments in northeast Le Mars.

A monthly maintenance contract with T-J Templeton of Le Martian Studios for one-thousand dollars will be considered for web site maintenance. Templeton completed the new city web site www.lemarsiowa.com.

The maintenance cost is to be shared equally by the Convention and Visitor Bureau, the city and the Le Mars Area Chamber of Commerce.

NOTE: AGENDA ORDER SUBJECT TO CHANGE

LE MARS CITY COUNCIL REGULAR MEETING

TUESDAY, OCTOBER 19, 2010, 12:00 P.M.

AGENDA

A. CALL TO ORDER – MAYOR

ROLL CALL – CITY CLERK

COUNCILMEMBERS: NELSON_____, KNAPP_____ REXWINKEL_____,

LEONARD______, IHRKE_______

B. HEARINGS

1. JR’s Addition - Rezoning

C. GENERAL DISCUSSION

1 Citizens

2. “Thumbs Up” Award
D. CONSENT ITEMS

All items listed under "Consent" Agenda will be enacted by one motion. There will be no separate discussion on those items unless a request is made prior to the time the Council votes on the motion.

1. Approval of October 5, 2010 Regular Meeting Minutes

2. List of Bills for Period Ending 10/15/10

3. Monthly Financial Statement for September 2010

4. Wells’ Dairy Fiber Work Request

5. Street Light Resolution

6. Park Committee Recommendation

7. Loading/Unloading Zone – 1st Avenue SE

E. ACTION ITEMS

1. Weinberg Investments, Inc. Request to Update Land Lease

2. Web Site Design Contract – Monthly Maintenance

3. Solid Waste Committee Recommendations

F. DISCUSSION

1. Council/Mayor

2. City Administrator/Public Works Director

a. Library Annual Report

3. Assistant City Administrator

G. CLOSED SESSION

1. Purchase of Real Estate

2. Pending/Imminent Litigation

3. Collective Bargaining

H. ADJOURNMENT

Next Resolution No. 10-43

Next Ordinance No. 889

Le Mars City Council Meeting

Tuesday, October 5, 2010, 12:00 P.M.

Minutes

Roll Call
Consent Agenda

Minutes

Bills

LL-Family Table /La Fiesta Charra

Coll Barg Agreement

Powder Player’s

Snowmobile Club

Resolution No. 10-41-Stop Sign 18th & Lincoln
The Abbey Parking

Resolution No. 10-42-JR’s Addition

Set Hearing-Rezone JR’s Addition

Special Assess

14th Ave SE Judge Bradley’s
Sidewalks / Parking – Outdoor Pool

Alternate Pipe Material – Storm Drainage

Accept RISE Project – Blue Diamond Dr

Mayor Kirchoff presided. Present: Ihrke, Knapp, Rexwinkel, Nelson, Leonard. Absent: None.

Ihrke moved, Nelson seconded that the following items be approved under the “Consent Agenda.” On Roll Call: Ayes: All present. Nays: None.

- Regular meeting minutes of September 21, 2010.

- List of bills for period ending 09/30/10.

- Renewal of Special Class C Liquor License to Family Table Restaurant and Class C Liquor License to La Fiesta Charra.

- Amendment No. 5 to the 2006-2011 Collective Bargaining Agreement.

- Powder Player’s Snowmobile Club to utilize only city owned public lands for a snowmobile route from IA 3 to US 75 subject to the club submitting a Certificate of Insurance.

Nelson moved, Leonard seconded Resolution No. 10-41 authorizing stop sign at intersection of 18th Street SW and Lincoln Street be adopted. On Roll Call: Ayes: Rexwinkel, Nelson, Leonard. Nays: Knapp, Ihrke.

NOTE: The Council discussed parking and traffic congestion on 1st Avenue SE in front of The Abbey.

Rexwinkel moved, Nelson seconded Resolution No. 10-42 approving the Final Plat of JR’s Addition be adopted. On Roll Call: Ayes: Knapp, Ihrke, Leonard, Rexwinkel, Nelson. Nays: None.

Rexwinkel moved, Nelson seconded October 19, 2010 at 12:00 PM be established as the date and time for public hearing regarding the rezoning of JR’s Addition from R (Rural District) to R-1 (Residential District). On Roll Call: Ayes: All present. Nays: None.

NOTE: The Council discussed special assessing property owners for the construction of sidewalks, sanitary sewer and curb and gutter along 14th Avenue SE or revising the Restrictive Covenants for the Judge Bradley’s Addition.

Nelson moved, Ihrke seconded the Park Committee recommendation for sidewalks and parking at the Outdoor Pool along 2nd Ave SE be approved up to $28,000. On Roll Call: Ayes: All present. Nays: None.

Knapp moved, Nelson seconded that N-12 HDPE pipe material be approved as an alternative in the City of Le Mars Standard Specification for Storm Drainage and that the Engineer/Consultant be allowed to decide when it is an acceptable alternate on a project. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Ihrke seconded the RISE Grant Project 2010-R-001, RM-4257(625)-9D-75 be accepted and the Mayor be authorized to execute Certificate of Completion and Final Acceptance of Agreement Work. On Roll Call: Ayes: All present. Nays: None.

Closed Session -Real Estate

Closed Session – Litigation

Adjourn


Ihrke moved, Leonard seconded to enter Closed Session under Iowa Code Section 21.5j where the disclosure of the discussion to purchase real estate would be to the disadvantage of the City. On Roll Call: Ayes: Nelson, Rexwinkel, Knapp, Ihrke, Leonard. Nays: None.

Ihrke moved, Rexwinkel seconded to move out of Closed Session. On Roll Call: Ayes: All present. Nays: None.

Ihrke moved, Rexwinkel seconded to enter Closed Session under Iowa Code 21.5c concerning a matter that is presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. On Roll Call: Ayes: Nelson, Knapp, Leonard, Ihrke, Rexwinkel. Nays: None.

Ihrke moved, Rexwinkel seconded to move out of Closed Session. On Roll Call: Ayes: All present. Nays: None.

Ihrke moved, Rexwinkel seconded the meeting be adjourned at 3:02 P.M.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________________ _______________________

Beverly Langel, City Clerk Dick Kirchoff, Mayor

CITY OF LE MARS, IOWA

Hearing

REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010
Description:

Rezoning – JR’s Addition


Item No.

B-1

Information:

At its October 5, 2010 meeting, the Council set this as the date and time to hear public comment regarding rezoning JR’s Addition from R (Rural District) to R-1 (Residential District). The Planning and Zoning Commission considered the rezoning at their October 4, 2010 meeting and the Commission is recommending the rezoning.

Staff Recommendation:

The Mayor opens the hearing and asks for written or oral objections or comments to the rezoning. After hearing all comments, the Mayor announces the time for receiving objections is closed.

COUNCIL ACTION REQUESTED
Motion approving the first reading of Ordinance No. _____ Amending Zoning Districts.

(Roll Call)

(and, if desired)

Motion waiving the second and third readings of Ordinance No. _____ Amending Zoning Districts.

(Roll Call)

Motion adopting Ordinance No. _____ Amending Zoning Districts on its first reading.

(Roll Call)
CITY OF LE MARS, IOWA

Consent
REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010

Description:

List of Bills for Period Ending 10/15/10
Item No.

D-2

Attached is the list of bills for the period ending 10/15/10.

COUNCIL ACTION REQUESTED



Approval of bills for the period

ending 10/15/10.



(No Roll Call)



CITY OF LE MARS, IOWA
Consent


REQUEST FOR COUNCIL ACTION


Date:

October 19, 2010

Description:

Monthly Financial Statement for September 2010


Item No.

D-3

Attached is the monthly Financial Statement for September 2010.

COUNCIL ACTION REQUESTED



Motion acknowledging receipt of monthly

Financial Statement for September 2010.



(No Roll Call)



CITY OF LE MARS, IOWA



Consent
REQUEST FOR COUNCIL ACTION
Date:

October 19, 2010

Description:

Wells’ Dairy Fiber Work Request


Item No.

D-4

Information:

Attached is a request letter from Mr. Thomas Rhode of Wells’ Dairy, Inc. to install new fiber in City alleys.

Staff Recommendation:

Staff recommends approval.

Financial Impact:

None.
COUNCIL ACTION REQUESTED



Motion authorizing staff to determine exact location and approval to Wells’ Dairy Inc. to install new fiber in City alleys from former Tech Center to new Visitor Center

(No Roll Call)

CITY OF LE MARS, IOWA

Consent
REQUEST FOR COUNCIL ACTION


Date:

October 19, 2010

Description:

Street Light Resolution


Item No.

D-5

Information:

A Street Light Resolution from Northwest Rural Electric Cooperative is requested adding one (1) street light along Key Avenue at the intersection with the Recreation Trail in the northwest corner of the new ICON Ag site which will also be the location of the previously discussed Trail Head.

Staff Recommendation:

Staff recommends approval.
Financial Impact:
Monthly increase of $9.70.

COUNCIL ACTION REQUESTED



Motion adopting Resolution No. ______ adding street light.



(Roll Call)



CITY OF LE MARS, IOWA
Consent

REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010


Description:

Park Committee Recommendation


Item No.

D-6

Information:

Park Committee has met and discussed the need for enforceable rules at both Tennis Courts. A picture is attached of the actual sign board which would be updated as follows:


· THESE COURTS MUST BE USED FOR TENNIS, ONLY

ALL PLAYERS MUST WEAR TENNIS SHOES
NO HARD SOLE SHOES

LIMIT PLAY TO 1 HOUR WHEN COURTS ARE BUSY
PROPER TENNIS ETIQUETTE IS EXPECTED
NO ROLLER SKATES OR SKATE BOARDS
(BY ORDER OF CITY COUNCIL)

(Violators will be fined $500 per Code of Ordinance)



Staff Recommendation:



Park Committee recommends Council establish rules (as determined by Park Committee) for the tennis courts, enforceable by “By Order of City Council.”.

COUNCIL ACTION REQUESTED

Motion approving Park Committee recommendation for Tennis Court rules.

(No Roll Call)
CITY OF LE MARS, IOWA

Consent

REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010
Description:

Loading/Unloading Zone – 1st Avenue SE


Item No.

D-7




Information:



As discussed at the October 5th Council meeting, Mayor and Staff have met with the Executive Director of The Abbey, Mr. Don Butcher, to discuss and determine a better solution to the parking/traffic concerns along 1st Avenue SE.



Findings:

1) Evidence of previous loading/unloading zone along east side (ie: old yellow paint and old sign post, but no sign).

2) Combination of concrete and rock off-street parking in rear along alley with 18 potential stalls; however, there are conflicts with utility poles and shrubs.

3) Abbey staff does park along 1st Avenue in front of Abbey.

4) 3rd Street SE would offer additional parking.

5) Intersection of 1st Avenue SE & 3rd Street South have no handicap ramps at sidewalk approaches.



Staff Recommendation:



Mayor, Staff and Mr. Butcher were in agreement and would recommend, as follows:

1) Re-establish “Loading/Unloading Zone” along east side of 1st Ave SE from 170 feet to 265 feet south of center line of 3rd Street SE.

2) Work with utilities to remove three (3) poles from west side of alley.

3) Work with property owners to remove shrub encroaching in alley.

4) Construct handicap ramps at intersection of 1st Ave. E. & 3rd St. S.

5) Issue a formal request of Abbey Staff to NOT park along 1st Avenue SE.



Financial Impact:



Small cost of signs, paint and ramps.





COUNCIL ACTION REQUESTED



Motion approving the five (5) recommendations as listed (or as amended).



(No Roll Call)

and



Motion adopting Resolution No. ______ establishing a “Loading/Unloading Zone.”



(Roll Call)



CITY OF LE MARS, IOWA





Action




REQUEST FOR COUNCIL ACTION




Date:

October 19, 2010






Description:

Weinberg Investments, Inc. Request to Update Land Lease


Item No.



E-1




Information:



Weinberg Investments, Inc. has requested Council approve an update of the Lease for Floyd Valley Apartments. Mr. Weinberg or representative will be available at the meeting.



A copy of the updated Lease is attached. The Lease updates include several significant changes, as follows:

1) Legal Description Due to removing land for public alley on north side and public street (Obrien-Yoerger Drive) on south side.

2) Clarify Ownership Issues - Floyd Valley Apartments, Ltd.

- Weinberg Investments, Inc. (WII)

- Sioux Falls Environmental Access, Inc. (SFEA)

3) Clarify Easements – for various utilities.

4) Confirm the Ownership Status - Improvements owned by WII

- Land owned by City

- Subordination of both to lender, if necessary



Staff Recommendation:



Legal Staff recommends Council proceed to public hearing with the revised, updated Land Lease.



Financial Impact:



None.

COUNCIL ACTION REQUESTED



Motion establishing November 16, 2010 at 12:00 P.M. as the date and time for public hearing on updating the long term lease with Weinberg Investments, Inc. regarding Floyd Valley Apartments, Ltd.

(No Roll Call)

CITY OF LE MARS, IOWA
Action


REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010

Description:

Web Site Design Contract – Monthly Maintenance


Item No.

E-2

Information:

Attached is a copy of the September 15, 2009 Council Agenda Item where City Council approved the Web Site Design Contract with Le Martian Studios.

The new web site has been in place and operational since November 2009 and the first annual contract was completed as of September 2009. Therefore, it is the appropriate time to consider a new contract for continued maintenance of the site.

The Mayor and Staff have met and negotiated said new contract and a copy is attached. Since construction of the new site is completed, this contract is for maintenance only and is on a monthly basis. It is anticipated that new or additional pages may be necessary in the future so a provision in the contract covers that.
Staff Recommendation:
Mayor and Staff recommend Council approval.

Financial Impact:

Convention and Visitor Bureau (CVB) Board recommends the cost be shared equally between CVB, City and Chamber.

COUNCIL ACTION REQUESTED



Motion approving the monthly maintenance contract with T.J. Templeton, dba Le Martian Studios at a cost of $1,000 per month.



(No Roll Call)



CITY OF LE MARS, IOWA

Action

REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010

Description:

Solid Waste Committee Recommendations


Item No.

E-3

Information:
In March 2004 the City was notified that we, as part of the Plymouth, Cherokee, Buena Vista Solid Waste Agency, failed to meet the 25% waste reduction requirement. DNR put us on notice that we had to adopt a Unit Based Pricing System and meet the waste reduction guidelines or be subject to penalties up to $5,000 per day of violation. That prompted the Council to take formal action on July 20, 2004 setting in motion the garbage I recycling programs we have in place today. In October 2007 we ordered our first 95 gallon recycle totes and received our first of three $20,000 DNR grants to help offset the cost.



On November 18, 2008 Council, acting on a recommendation from the Solid Waste Committee, approved the concept of mandatory recycling to be implemented on January 1, 2010. As spelled out in the agenda item, part of that concept was to eliminate at least one and hopefully two of the regular monthly trash pick-ups. On September 1, 2009 Council, again acting on the Solid Waste Committee recommendation, unanimously voted to move the mandatory recycling starting date to July 1, 2010 and to eliminate one of the regular trash pickups at that time.

On June 1, 2010 Council voted to move the mandatory recycling date to January 1, 2011 in an effort to get a recycle tote delivered to each household before the implementation date. As part of that Council action the City of Le Mars would go to alternating between garbage pickup and recycle pickup. This would be on an every other week basis. At the September 21, 2010 meeting, as part of the “General Discussion” Council informally indicated their willingness to proceed as planned. At the October 5, 2010 Council meeting Councilman Rexwinkel requested that the citizens be given one more chance to voice their opinion and the Council have one more opportunity to vote before implementing the every other week program.



Solid Waste Committee Recommendation:



The Solid Waste Committee and City Staff are recommending that Council leave the plan as is currently approved. Of the 3322 households involved, City Hall has only received 8 calls voicing opposition. The Committee feels that delivering a recycle tote to each residence does help to promote the recycle program and saying the Council has voted for mandatory recycling helps; however, in order to force citizens to at least try recycling we need to go to alternating pickup weeks as scheduled to start on January 1, 2011.



The Solid Waste Committee agrees that if the program is tried for six months and there are substantial problems that Council can vote to go back to every week trash pickup. The Committee feels that at least it should be tried. The Committee feels that once people try it they will find that they only generate about half the amount of trash as if they didn’t recycle.



Financial Impact:



As currently structured the City would save at least $1,500 per month that it is paying for the extra pickup. In addition, there is the saving of $43.50 per ton for every ton that is recycled versus disposed of as trash at the landfill.

COUNCIL ACTION REQUESTED



As desired.



CITY OF LE MARS, IOWA










REQUEST FOR COUNCIL ACTION


Date:

October 19, 2010






Description:

Closed Session - Purchase of Real Estate


Item No.

G-1




It is recommended that the Council enter Closed Session to discuss the purchase of real estate.

COUNCIL ACTION REQUESTED



Motion to enter Closed Session

under Iowa Code Section 21.5j

where the disclosure of the

discussion to purchase real estate

would be to the disadvantage

of the City.

(Roll Call)

Motion to move out of Closed Session.

(No Roll Call)

CITY OF LE MARS, IOWA

REQUEST FOR COUNCIL ACTION

Date:

October 19, 2010

Description:

Closed Session - Pending/Imminent Litigation


Item No.

G-2

It is recommended that the Council enter Closed Session to discuss Pending/Imminent Litigation.

COUNCIL ACTION REQUESTED



Motion to enter Closed Session under

Iowa Code 21.5c concerning a matter

that is presently in litigation or where

litigation is imminent where its

disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.

(Roll Call)

Motion to move out of Closed Session.



(No Roll Call)



CITY OF LE MARS, IOWA

REQUEST FOR COUNCIL ACTION


Date:

October 19, 2010



Description:

Closed Session - Collective Bargaining


Item No.

G-3

It is recommended that the Council enter Closed Session to discuss Collective Bargaining

COUNCIL ACTION REQUESTED



Motion to enter Closed Session under Iowa Code Section 20.17 (3) concerning Collective Bargaining where negotiating sessions and strategy meetings of public employers shall be exempt from the provisions of Chapter 21, open meetings.

(Roll Call)
Motion to move out of Closed Session.
(No Roll Call)

 Burning restriction to be discussed by supervisors

(LE MARS)--Dry conditions will be discussed at the Plymouth County Board of Supervisor's meeting today.

According to the board's agenda, the discussion and possible action involves county burn restrictions due to dry conditions.

The burning restrictions are part of new business when the meeting begins at 9:30 this (Tuesday) morning.

Engineer Tom Rohe is slated to give a construction update and review a proposed change that would eliminate a portion of a county road. If supervisors approved, the procedure to be considered includes notice to county residents and a time for public comments on what is known as a road vacation.

Supervisor Don Kass of Remsen, the board's vice chair, is slated to chair the meeting in the absence of Supervisor Jim Henrich of Akron. Henrich was also absent last Tuesday.

**Updated information as of 9:30 a.m. Tuesday, October 19: Supervisor Jim Henrich was present for the meeting and chaired the meeting.

Agenda

9:30 AMDon Kass - Plymouth County Board Vice Chairman
1.Call meeting to order
2.Approve this agenda (Action)
3.Approval of prior Board meeting minutes (Action)
4.Approval of claims and payroll (Signatures)
5. Committee Reports (Discussion)
6. Old Business
7. New Business
A. Discuss possible County burn restrictions due to dry conditions (Discussion & possible
action)
B. Open and review mail/correspondence (Discussion)
C. Open public forum (Informational)


10:00 AMTom Rohe, Plymouth County Engineer
1.Review and set public hearing date for road vacation (Action)

(Discussion Items)

(Informational Items)
Update on construction projects

www.co.plymouth.ia.us

Soldier's mother 'knows he is exactly where he wants to be'

(LE MARS)--In early August families and friends said goodbye to Iowa National Guard Cavalry Troop 113 when they left Le Mars to get ready to deploy to Afghanistan. Since then the soldiers have been training in Mississippi and California.

Tammy Ruhland of Remsen is the mother of Tim Ruhland, one of the soldiers who left on August 5th. She said she has talked to Tim quite a bit in the last few months. Tim told her on the phone that training has been pretty intense.

Listen here

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Tammy and her husband Guy, along with one of Tim's sisters and 3 of his friends will be going to visit him at Camp Shelby in Mississippi at the end of this month. Tammy says Tim is looking forward to family time.

Listen here

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According to Tammy all the updates from her son have let her know that he is exactly where he wants to be.

Listen here

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Ruhland added that it's hard to have her son gone, but she's proud because of the good he's doing.

Listen here

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The 113th Cavalry is expected to leave the states from Afghanistan in November. The soldiers have been told they will be gone for approximately one year. (Angela Drake, KLEM News)

Motorcyclist hurt near Kingsley Sunday night

(KINGSLEY)--A Kingsley man was injured after the motorcycle he was operating left a Plymouth County road early Sunday night.

The Plymouth County Sheriff's Office report states a motorcycle was being operated northwest on county road C-66, near Quest Avenue, by 41-year-old Joseph Dunlap.

While coming into a left curve, the deputy's report states the motorcycle veered slightly off the roadway and slid down into the ditch, striking a telephone pole.

At the time of the accident investigation, authorities stated it was unknown if Dunlap was still on the motorcycle when it struck the pole.

Dunlap was taken to Mercy Medical Center in Sioux City by Mercy Air Care for incapacitating injuries which included a broken collar bone.

Jurors won't report October 19

(LE MARS)--Plymouth County Jurors do not need to report today (Tuesday).

Jurors are asked to call the Clerk of Court's Office after 3 p.m. on Monday, October 25, 2010 to find out whether to report on Tuesday, October 26, 2010.

Air ambulance in Le Mars for school, health fair this week

(LE MARS)--Mercy Air Care is scheduled to arrive at Le Mars Community Middle School between nine and ten this (Tuesday) morning for an educational classroom project. Mercy is also scheduled to land near the Le Mars Convention Center Wednesday afternoon for the Well Aware Health Fair which is from 2-6:30 p.m. Wednesday.

FDA warns egg company to clean up or be shut down

WASHINGTON (AP) The Food and Drug Administration has warned an Iowa egg company that it could be shut down if it doesn't clean up its act after recalling hundreds of millions of eggs this summer.

The FDA sent a letter to Austin ``Jack'' DeCoster, owner of Iowa's Wright County Egg, on Oct. 15 urging him to take ``prompt and aggressive actions'' to eliminate salmonella contamination thought to have sickened 1,600 people this year. The FDA said it will reinspect the farm and could seize products or shut down the company if corrective action hasn't been taken.

The company has not been allowed to sell shell eggs since the salmonella was linked to the farms in August.

The company did not respond immediately to a request for comment.

2-day delay set in Ankeny man's murder trial

DES MOINES, Iowa (AP) There has been a two-day delay in jury selection for an Ankeny man's first-degree murder trial.

Jury selection in 63-year-old Vernon Huser's trial was rescheduled Monday until Wednesday. The Des Moines Register reports the delay came after prosecutors and defense attorneys met in judge's chambers.

Huser was arrested in May 2009 and charged for his role in the death of 53-year-old Lance Morningstar. Hunters found Morningstar's body in 2005 near Altoona. Family reported him missing in 2004. He had been shot several times.

Earlier this year, Louis Woolheater was convicted of first-degree murder in Morningstar's death and sentenced to life in prison. Woolheater was accused of conspiring with Huser to kill Morningstar, who was allegedly having an affair with Huser's wife.

Information from: The Des Moines Register, http://www.desmoinesregister.com CAR IN HOUSE

Driver swerves to miss deer, crashes into house

IOWA CITY, Iowa (AP) A driver in Iowa City swerved to miss hitting a deer and instead crashed into a house.

Johnson County Sheriff Lonny Pulkrabek says officers responded to a call of a car crashing into an Iowa City home early Monday. The sheriff says the call came from the homeowners. The driver told deputies that he swerved to miss a deer. The driver suffered minor injuries but wasn't taken to a hospital.

Police say both the home and the vehicle suffered extensive damage.

Police say no charges were filed.


Cedar Rapids tries second home giveaway

CEDAR RAPIDS, Iowa (AP) City leaders in Cedar Rapids are making another effort to give away 476 homes that suffered the least amount of damage during the historic flooding of 2008.

The Gazette newspaper in Cedar Rapids reports Monday that the city will demolish the homes if there is no interest from any builders or developers to renovate and sell them. It's the second time the city is trying to give the homes away. Of the homes, about 275 will have to be moved because they sit in a 100-year flood plain or a construction zone.

The first time the city tried the giveaway in August 18 qualified builders, developers and nonprofit groups expressed interest in the homes.

Information from: The Gazette, http://www.gazetteonline.com/ SETTLEMENT REFUNDS-IOWA

Iowans receiving partial refunds after settlement

DES MOINES, Iowa (AP) The Iowa attorney general says more than 2,800 former customers of an Illinois buying club have started receiving partial refunds after a settlement.

Iowa Attorney General Tom Miller said Monday that the refunds come after the United Marketing Group, Inc., entered into a consumer protection settlement with his office. Miller says the office's Consumer Protection Division sent refund checks to former Iowa customers of the company.

The attorney general's office says UMG settled over membership program practices. Miller says Iowans were paying for memberships they didn't use and didn't know they had. Miller also says consumers didn't receive certain notices and disclosures.

Most Iowans will receive $60 partial refunds.

Race numbers may change at Prairie Meadows

DES MOINES, Iowa (AP) The chief executive of the Prairie Meadows Racetrack and Casino in Altoona says he foresees fewer days of horse racing with larger fields of horses.

Prairie Meadows CEO Gary Palmer told The Des Moines Register on Monday that bettors enjoy larger fields of ten horses, which bring more wagers. Palmer's statements come as Polk County voters consider a general election ballot question on whether to permit legalized casino gambling.

Palmer says the nonprofit track loses about $32 million a year on horse racing and offsets that with casino gaming income. The track offers thoroughbred, quarterhorse and harness racing. Palmer said he personally thinks the track should always have a horse racing program.

Iowa native to receive Medal of Honor in November

HIAWATHA, Iowa (AP) A 25-year-old service member from Hiawatha will receive the Medal of Honor from President Barack Obama at the White House next month.

The White House announced Monday that Staff Sgt. Salvatore Giunta will receive the medal Nov. 16. He will be the first living service member from the wars in Afghanistan and Iraq to receive the Medal of Honor.

According to the Army, Giunta exposed himself to enemy gunfire to try to save two fellow soldiers. But Giunta has said the award honors more than a dozen of his fellow soldiers who were part of a deadly ambush three years ago.

Giunta will become the eighth service member to receive the Medal of Honor during operations in Iraq and Afghanistan. The seven previous medals were awarded posthumously.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

Submit your news release, confidential news tip or news idea by email klemnews@lemarscomm.net, by calling 712.546.4121 or 712.546.9672 fax.





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