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KLEM News Update AM November 16, 2010

The board, two weeks ago, was asked by Neal Adler of the Le Mars Business Initiative Corporation to consider 50-thousand dollars in support for the Royal T III Theatre renovation project.

Eric Hilsabeck is buying the property and will renovate the building to provide state-of-the-art equipment for first-run movies.
Supervisors are slated to discuss the request and take action.

The board's agenda also include signing paperwork for the state I-JOBS funds for the Courthouse Annex storm shelter award of 85-thousand dollars.

At 10:30 this morning, agenda time is planned for a discussion of placing a fence around the county-owned Plymouth Life Residential Care Facility.

Agenda: Tuesday, November 16th, 2010

9:30 AMJim Henrich - Plymouth County Board 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. Approve and sign IJOBS grant award agreement for Courthouse Annex storm shelter
(Action)
B. Discuss appointment of Board of Supervisors Compensation board representative for
vacancy (Action)
C. Approve family farm allows or disallows for 2010 (Action)
D. Open and review mail/correspondence (Discussion)
E. Open public forum (Informational)
F. Jolynn Goodchild, County Recorder - Introduce new recorders office employee
(Informational)

10:00 AMBoard of Supervisors - Discussion and decision for $50,000 request of funds for movie theatre in
Le Mars (Discussion and Action)

10:30 AMMike Porter, Pride Group; Mark Kunkel and Cheri Nitzschke, Plymouth County Residents -
Discus placing a fence around Plymouth Life RCF (Discussion and Action)

10:45 AMBoard of Supervisors - Continued discussion of bridge on Otter Ave (Discussion and possible
action)

11:15 AMTom Rohe, County Engineer
(Action Items)
1.Crop Land Lease at Chatsworth Pit

(Discussion Items)

(Informational Items)
Update on construction projects

Source: www.co.plymouth.ia.us

Council considers insurance, golf course management

(LE MARS)--Plans for the management of the City of Le Mars Willow Creek Golf Course are before the Le Mars City Council today.

The public meeting of the Le Mars City Council begins at noon at City Hall.

The Park Committee and City staff have negotiated a new contract with Doug Schultz of Le Mars. Schultz provides management of the 27-hole city course and pays staff from the contract amount set by the City Council.

The Council has received a recommendation to renew property and liability insurance as of December first. As proposed, the coverage costs will be about 13-thousand dollars less.

The agenda includes a recommendation to raise the deductible for liability coverage and raising crime coverage to 500-thousand dollars from the current amount of 100-thousand dollars. One year ago the renewal rate was 200-thousand 500 dollars. The proposed rate with the changes is 187-thousand 559 dollars.

The Council is slated to close a portion of its meeting to the public to discuss collective bargaining strategy. The city has begun contract talks with employees on a new contract to begin in July.

The meeting begins with a time for public comment on a lease with Weinberg Investments related to Floyd Valley Apartments in northeast Le Mars. The property which is listed on the National Register of Historic Places was formerly a hospital.

 

NOTE: AGENDA ORDER SUBJECT TO CHANGE


LE MARS CITY COUNCIL REGULAR MEETING
TUESDAY, NOVEMBER 16, 2010, 12:00 P.M.
AGENDA


A. CALL TO ORDER - MAYOR
ROLL CALL - CITY CLERK
COUNCILMEMBERS: NELSON_____, KNAPP_____ REXWINKEL_____,
LEONARD______, IHRKE_______

B. HEARINGS
1. Weinberg Investments, Inc. - Lease for Floyd Valley Apartments

C. GENERAL DISCUSSION
1Citizens
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 November 2, 2010 Regular Meeting Minutes
2.List of Bills for Period Ending 11/12/10
3.Monthly Financial Statement for October 2010
4.Property Insurance/Liability Insurance

E. ACTION ITEMS
1. Willow Creek Golf Course Management
2.Offer to Buy City Right-of-Way
5.Federal-Aid Agreement STP-12th Street SE - Reconstruction

F.DISCUSSION
1.Council/Mayor
2.City Administrator/Public Works Director
3.Assistant City Administrator

G. CLOSED SESSION
1.Collective Bargaining

H.ADJOURNMENT

Next Resolution No. 10-46
Next Ordinance No. 890


CITY OF LE MARS, IOWA


Hearing

REQUEST FOR COUNCIL ACTION

Date:
November 16, 2010


Description:
Weinberg Investments, Inc. - Lease for Floyd Valley Apartments - 12:00 P.M.
Item No.

B-1

Information:

At its October 19, 2010 meeting the Council set this as the time for public hearing on a request by Weinberg Investments, Inc. to approve an update of the Lease for Floyd Valley Apartments.

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 conduct the public hearing on the revised, updated Land Lease and approve.

Financial Impact:

None.


COUNCIL ACTION REQUESTED

Motion approving the long term lease with Weinberg Investments, Inc. regarding Floyd Valley Apartments, Ltd.

(No Roll Call)


Le Mars City Council Meeting
Tuesday, November 2, 2010, 12:00 P.M.
Minutes

Mayor Pro-Tem Knapp presided. Present: Ihrke, Rexwinkel, Leonard, Nelson, Knapp. Absent: None.

Nelson moved, Ihrke seconded that the following items be approved under the "Consent Agenda." On Roll Call: Ayes: Rexwinkel, Leonard Knapp, Nelson, Ihrke. Nays: None.
-Regular meeting minutes of October 19, 2010.
-List of bills for period ending 10/31/10.
-Resolution No. 10-45 making certain interfund transfers for the 2010-2011 fiscal year be adopted and staff be authorized to prepay SRF Loans.

Knapp moved, Nelson seconded the Floyd Valley Hospital Audit Report for the year ended June 30, 2010 be accepted. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Rexwinkel seconded the LBIC's request to support the Royal Theater Project be approved with a $25,000 Downtown Façade Program Grant, and a $125,000 (Hotel/Motel Funds $50,000 / Economic Development Funds $75,000) in the form of a 5 (five) year forgivable loan with a minimum assessment agreement and mortgage. On Roll Call: Ayes: Leonard, Knapp, Nelson, Rexwinkel. Nays: Ihrke.

Leonard moved, Ihrke seconded the STP Capital Project, Business 75 North Storm Sewer/Intakes Project, be accepted as fully completed by Godbersen-Smith Construction Co., Ida Grove, IA and as recommended by DGR. On Roll Call: Ayes: All present. Nays: None.

Ihrke moved, Rexwinkel seconded a one (1) year "Lease and Liquor License Agreement" for the Willow Creek Bar and Grill with Mr. Mike Fiddelke of Orange City, IA be approved. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Leonard seconded Ordinance No. 889 Amending Zoning Districts be approved. On Roll Call: Ayes: Ihrke, Rexwinkel, Knapp, Nelson, Leonard. Nays: None.

Rexwinkel moved, Nelson seconded the third reading of Ordinance No. 889 Amending Zoning Districts be waived. On Roll Call: Ayes: Ihrke, Leonard, Knapp, Rexwinkel, Nelson. Nays: None.

Rexwinkel moved, Leonard seconded Ordinance No. 889 Amending Zoning Districts be adopted on its second reading. On Roll Call: Ayes: Ihrke, Knapp, Nelson, Rexwinkel, Leonard. Nays: None.

Ihrke moved, Nelson 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: Rexwinkel, Leonard, Knapp, Ihrke, Nelson. Nays: None.

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

Ihrke moved, Nelson seconded 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. On Roll Call: Ayes: Rexwinkel, Leonard, Knapp, Ihrke, Nelson. Nays: None.

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

Leonard moved, Nelson seconded the meeting be adjourned at 3:12 P.M.

_________________________________________________
Beverly Langel, City ClerkRex E. Knapp, Mayor Pro-Tem

CITY OF LE MARS, IOWA


ConsentREQUEST FOR COUNCIL ACTION
Date:
November 16, 2010

Description:
List of Bills for Period Ending 11/12/10 Item No.
D-2

Attached is the list of bills for the period ending 11/12/10.

COUNCIL ACTION REQUESTED

Approval of bills for the period
ending 11/12/10.

(No Roll Call)

CITY OF LE MARS, IOWA


Consent
REQUEST FOR COUNCIL ACTION
Date:
November 16, 2010


Description:
Monthly Financial Statement for October 2010
Item No.
D-3

Attached is the monthly Financial Statement for October 2010.

COUNCIL ACTION REQUESTED

Motion acknowledging receipt of monthly
Financial Statement for October 2010.

(No Roll Call)

CITY OF LE MARS, IOWA


Consent
REQUEST FOR COUNCIL ACTION
Date:
November 16,2010


Description:
Property Insurance/Liability Insurance
Item No.
D-4

Information:

The renewal dates for both our property and liability insurance policies are December 1. We have been part of the Iowa Communities Assurance Pool (ICAP) for our liability insurance for several years. This has proven very successful. As a member we have received member credit as well as reserve fund distributions. In the area of property insurance we have been with Cincinnati since 2007. This too has proven to be a very good company to work with. The Insurance Committee has met with Rob Bixenman of Bixenman Insurance and the Committee's recommendation is listed below. Here are the rates we have paid over the last two policy years and the proposed rate for the next year

The December 1, 2008 renewal rates were:
Liability$107,882 CAP
Property$87,263 CINCINNATI
Total$195,145

The December 1, 2009 renewal rates were:
Liability$109,393 ICAP
Property$91,107 CINCINNATI
Total$200,500

The December 1, 2010 renewal rates proposed:
Liability$92,546 ICAP
Property$95,013 CINCINNATI
Total$187,559

Insurance Committee and Staff Recommendation:

Recommendation to insure with ICAP for Liability and Cincinnati for Property as shown above. Cincinnati is for a three year contract to lock in the favorable rates The rate shown above Includes the recommendation by the Insurance Committee to raise the liability deductible from $10,000 to a new level o f$20,000 and raising our Crime coverage from$100,000 to a new level of $500,000. An option would be to leave each of these at the current level in which case the total insurance renewal cost would be $200,845.

Financial Impact:

If approved as proposed coverage costs will be approximately $13,000 less than last year. These costs will be used as part of the FY 12 budget.

COUNCIL ACTION REQUESTED
Motion authorizing the renewal of the City of Le Mars liability insurance with Iowa Communities Assurance Pool (1CAP) at a cost of $92,545.52 and property insurance with Cincinnati at a cost of $95,013.00

(No Roll Call)

CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
November 16, 2010


Description:
Willow Creek Golf Course Management
Item No.
E-1

Information:

The Park Committee and City Staff have negotiated a new contract with Doug Schultz to continue with the management of the Golf Course. The actual contract was simply amended each of the last three (3) years without redrafting the contract. Therefore, this year the contract itself will be modified to incorporate all changes, additions and updates from 2008, 2009, 2010 and now as negotiated for 2011 and 2012.

A copy of the revised contract will be available at the meeting.
Said changes include:

20082% Base Compensation ( 1 year) and 10% commission (same)
Doug's Responsibilities - compensation for services (added)
Expense Reduction Measures (added)

20092% Base Compensation (2 year) and 11% commission (increased)
andDoug's Responsibilities - compensation for services (continued same)
2010City Responsibilities (by City Personnel)
Expense Reduction Measures (continued)

20112% Base Compensation (2 year) and 12% commission (increased)
andDoug's Responsibilities - compensation for services (increased)
2012City Responsibilities - by supplemental agreement with Doug (as needed)
Expense Reduction Measures (continued)

Staff Recommendation:

The Park Committee, City Staff, and Doug Schultz are recommending the approval of the Golf Course Management Contract between the City of Le Mars and Doug Schultz.

Financial Impact:

Revenues and expenditures have been and will continue in accordance with the approved budget.
COUNCIL ACTION REQUESTED

Motion approving the contract between Doug Schultz and the City of Le Mars providing Golf Course Management services, as presented (or as amended).

(No Roll Call)

CITY OF LE MARS, IOWA

ActionREQUEST FOR COUNCIL ACTIONDate:
November 16, 2010


Description:
Offer to Buy City Right-of-Way
Item No.
E-2

Information:

Mr. Tom Mullally has offered to purchase City right-of-way (2nd Ave NE) by Lally's Eastside Restaurant. The need to research utilities, easements and to notify adjacent property owners for alternative access has been accomplished.

Staff Recommendation:

Staff recommends Council establish public hearing to consider any and all other proposals to buy this right-of-way.

Note: A utility easement would need to be reserved for any and all existing utilities.

Financial Impact:

The purchase price is $1.00; however, the City will save long term operation, maintenance and repair costs and the right-of-way will return to taxable property.

COUNCIL ACTION REQUESTED

Motion adopting Resolution No. ______ establishing December 7, 2010 at 12:00 P.M. as the date and time for Public Hearing on the proposed Offer to Buy City Right-of-Way in the Ten Block of 2nd Avenue NE, and any and all other offers received by 12:00 P.M. on December 1, 2010.

(Roll Call)

CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
November 16, 2010


Description:
Federal-Aid Agreement STP-12th Street SE - Reconstruction
Item No.
E-3

Information:

Attached is a Federal-Aid Agreement for a Surface Transportation Project (STP) for 12th Street SE Reconstruction from 8th Avenue E. to 12th Avenue E. Originally this project was appropriated $162,000 federal aid and recently an additional $88,000 was given; therefore, the City now has $250,000 available for use on this project which is estimated at $350,000 or 71.43% of the total.

Also, the project has been approved for construction in Federal Fiscal 2011 (now) instead of FY 2013.

The Council approved DGR to design the project in July of this year (2010) and preliminary design and concept statements are now complete.

We are anticipating a bid opening in April of 2011 at IDOT Offices, Ames, IA.

Staff Recommendation:

DGR and Staff recommend approval and to proceed to said bid opening.

Financial Impact:

Total Project $350,000
Federal Share$250,000
Local Share$100,000

COUNCIL ACTION REQUESTED

Motion approving Federal-Aid Agreement No. 3-10-STPU-029 for 12th Street SE Reconstruction.

(No Roll Call)

CITY OF LE MARS, IOWA


REQUEST FOR COUNCIL ACTION
Date:
November 16, 2010


Description:
Closed Session - Collective Bargaining
Item No.
G-1

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)

Source: www.lemarsiowa.com

(LE MARS) A project to replace a bridge north of Le Mars is nearly complete.

Heavy summer rainfall delayed work on the Plymouth County bridge replacement on C-16, between Highway 60 and Nickel Road.

Engineer Tom Rohe reports the bridge has been completed. Diamond grinding of the paved approaches to the new bridge and roadway painting need to be completed before the road closed signs and detour signs are removed.

At this time, the roadway is expected to reopen to traffic Friday afternoon at five.

 Jurors do not report today

(LE MARS)--Plymouth County Jurors do not need to report today (Tuesday, November 16, 2010).

Jurors are asked to call the Clerk of Court's office Monday, November 22 after 3 p.m. to find out whether to report on Tuesday, November 17.

Orpheum presentation is "A Chorus Line"

(SIOUX CITY)--"A Chorus Line" will be presented at the Orpheum Theatre in Sioux City next month.

The Pulitzer Prize and Tony Award winning "A Chorus Line" is the longest-running American musical in Broadway history.

The Sioux City performance is presented as part of the city of Sioux City and Jam Theatricals Broadway at the Orpheum season and is sponsored in part by Powell Broadcasting.

Tickets are now being sold for the December 13th 7:30 p.m. performance of "A Chorus Line.'

Culver won't rule out naming Supreme Court judges

DES MOINES, Iowa (AP) Gov. Chet Culver says if recommendations for new Iowa Supreme Court justices land on his desk before he leaves office, he won't hesitate to fill the three vacancies created by voters.

In an interview with The Associated Press, Culver says he will continue to exercise the powers of his office until Gov.-elect Terry Branstad takes office on Jan. 14.

The same voters who ousted Culver tossed three justices from the Supreme Court because of their role in striking down a state law banning same-sex marriage.

Culver says he's unsure of his future but plans to be involved in public policy, either in renewable energy or education and he didn't rule out a run for public office. IOWA DEMOCRATS HOUSE

Democrats elect McCarthy as House minority leader

DES MOINES, Iowa (AP) House Democrats, tossed into the minority after this year's election, have elected Rep. Kevin McCarthy as their new minority leader.

McCarthy, of Des Moines, had been majority leader for the last four years and Democrats decided to keep him on as their floor leader, though he oversaw an election that saw Republicans pick up 16 seats and take control of the House.

Outgoing House Speaker Pay Murphy, of Dubuque, opted to not seek another term as a floor leader and McCarthy defeated Rep. Mark Smith, of Marshalltown, in the race for minority leader.

Republicans will control the House by a 60-40 margin when lawmakers convene in January.

Iowa to recognize Medal of Honor recipient

DES MOINES, Iowa (AP) Gov. Chet Culver says Iowa will honor Army Staff Sgt. Salvatore Giunta  next week when he returns home to visit family and friends.

President Barack Obama on Tuesday will present Giunta with the Medal of Honor, the nation's highest military honor.

Culver says he will proclaim next Tuesday, Nov. 23, as ``Staff Sgt. Salvatore Giunta Day'' to recognize his bravery. Giunta and his family will meet privately with Culver, followed by a public ceremony at the Statehouse.

Giunta is from Hiawatha and graduated from Cedar Rapids Kennedy High School. He was serving as a rifle team leader in Afghanistan when his platoon came under attack in 2007.

Giunta is currently stationed in Italy.

 

Hearing in January on Waterloo's dress code

WATERLOO, Iowa (AP) It will be January before the Iowa Board of Education takes up Waterloo's student dress code.

The board was to take up an appeal by some parents on Wednesday. When an administrative law judge ruled last month that the policy exceeded the school district's authority, the district filed its own appeal.

The Waterloo-Cedar Falls Courier reports Monday that the judge has now issued an order that the policy come before the board at its meeting on Jan. 27.

Waterloo Community Schools in May adopted a policy that banned T-shirts, jeans, hooded shirts and flip flops. It requires students to wear solid-color shirts with collars.

But parents say it's illegal because it tells students what they can wear rather than prohibiting items they can't wear.

Newton officials: Taxpayers won't pay for lights

NEWTON, Iowa (AP) Newton city leaders say taxpayers will not be paying for new streetlights near the Iowa Speedway.

The city plans to spend about $800,000 to add lights along a two-mile stretch of road between the airport and the Speedway.

City Council member Dennis Julius tells Des Moines television station KCCI that some taxpayers are worried they'll be paying for the project.

But officials say the city is using tax increment financing and a 2005 grant to pay for it.

Julius also notes that the project has been in the works for some time. He says the lights are needed for safety and ``to make the area more attractive for future growth.''

1 dead in burning home in SE Iowa

MEDIAPOLIS, Iowa (AP) Firefighters have found a man dead inside a burning home in Mediapolis in southeast Iowa.

The Des Moines County sheriff's office says emergency crews were sent to the home early Sunday. Authorities told The Hawk Eye in Burlington that firefighters doused the flames and then discovered the body in the living room.

The man's name has not been released. An autopsy was pending.

Mediapolis is about 15 miles north of Burlington.

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

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