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KLEM News Update February 1, 2011

 Le Mars Community and Gehlen Catholic and all other Plymouth County schools planned to begin their school day two hours late this morning, but then all cancelled classes

About three inches of light, fluffy snow has fallen in KLEMland.

Budget, Constitution are Supervisors agenda items today

(LE MARS)--Plymouth County Supervisors may wrap up work on a new budget proposal today.

The agenda for the meeting lists a final review of the preliminary budget for discussion and possible action at 11:45 this morning. Supervisors are working on a spending and revenue plan for the next budget year which begins July 1st.

The budget is a proposal until the public is offered time for comment at a public hearing and final action by the board of supervisors. The deadline supervisors are working toward is set by the state and is March 15th.

Jeff Peters of Williams and Company will review the financial report for the audit of finances between July of 2009 and June 30th of last year. Peters meets with the board at 10:15 this morning.

Information on a 1934 Constitution lithograph display will be given to the board by Gary Stephenson of Stephenson Brothers at 10:45 this morning .

A contract agreement with Northwest Electric/Mach-Tig LLC will be reviewed at 9:30. The Merrill business is interested in relocating to rural Le Mars. Supervisors, on a four-to-one vote, and the Le Mars City Council have approved 20-thousand dollars in assistance to the business.

Plymouth County Board of Supervisors Agenda

Tuesday, February 1, 2011


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
A. Board to review loan contract agreement for Mach-Tig, LLC / Northwest Electric (Discussion)
B. Neal Adler, LBIC - Discuss membership to Northwest Iowa Developers Group (Discussion &
possible action)
7. New Business
A. Open and review mail/correspondence (Discussion)
B. Open public forum (Informational)

10:15 AMJeff Peters, Williams & Company - Review of the Plymouth County 2009-10 financial report (Informational)

10:45 AMGary Stephenson, Stephenson Brothers - Present information on 1934 Constitution lithograph for display in the
Plymouth County Courthouse (Discussion and possible action)

11:15 AMDavid Wilberding, Surveyor - Present minor subdivision plat for approval Broken Kettle Range in 34 of Sioux
Township (Action)

11:30 AMTom Rohe, Plymouth County Engineer
(Action Items)
1. Project STP-S-CO75(129) - Utility Relocation

(Discussion Items)
Questions/Discussion of the Secondary Road Department

(Informational Items)
Update on construction projects

11:45 AMBoard of Supervisors - Final review of FY 11-12 Budget (Discussion and possible Action)

Le Mars City Council returns to budget work

(LE MARS)--The Le Mars City Council returns to budget work this afternoon.

The discussion is slated following regular agenda items and before the Council closes the meeting to the public to discuss strategy in pending legal action and collective bargaining.

During the regular meeting which begins at noon in the Council Chambers pedestrian safety will be discussed in the Franklin Elementary School area. A bus loading and unloading zone is proposed to be created.

A series of annual reports from department heads begins this afternoon. Today's report will be for the Fire Department.

The Council will also be asked to update building and construction regulations.

 

LE MARS CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 1, 2011, 12:00 P.M.
AGENDA (note: agenda subject to change in order)


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

B. GENERAL DISCUSSION
1.Citizens
2. "Thumbs Up" Award

C.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 January 18, 2011 Regular Meeting and January 25, 2011 Special Meeting Minutes
2.List of Bills for Period Ending 1/31/11
3.Renewal of Liquor License/Beer Permit (Walmart, Willow Creek Bar & Grill, Le Mars Country Store)
4.Assignment for 2011

D. ACTION ITEMS
1. Franklin Elementary School Traffic Control - Pedestrian Safety
2.Building and Construction Regulations Update

E.DISCUSSION
1.Council/Mayor
2.City Administrator/Public Works Director
a. Annual Reports - Le Mars Fire Dept.
3.Assistant City Administrator
a. Budget Discussion

F. CLOSED SESSION
1.Pending/Imminent Litigation
2. Collective Bargaining

G.ADJOURNMENT
Next Resolution No. 11-5
Next Ordinance No. 892



*** PATRIOT FLAG DISPLAY - SATURDAY, FEBRUARY 5, 2011, 2:30 P.M. ***

Le Mars City Council Meeting
Tuesday, January 18, 2011, 12:00 P.M.
Minutes

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

Nelson moved, Leonard seconded that the following items be approved under the "Consent Agenda." On Roll Call: Ayes: All present. Nays: None.
-Regular meeting minutes of January 4, 2011.
-List of bills for period ending 1/14/11.
-Monthly Financial Statement for December 2010.
-Appoint Wayne Schipper to the Plymouth County Emergency Management Commission for 2011.
-Renewal of Class C Wine Permit to Archie's.
-Additional wage/pay rates for Ambulance Unit 2.

Nelson moved, Ihrke seconded Resolution No. 11-2 approving the Final Plat of Dirksen Ag, Plymouth County be adopted. On Roll Call: Ayes: Knapp, Leonard, Rexwinkel, Nelson, Ihrke. Nays: None.

Rexwinkel moved, Nelson seconded Resolution No. 11-3 establishing February 15, 2011 at 12:00 P.M. for public hearing regarding the proposals presented, including vacations of various streets to Wells' Dairy, Inc. be adopted, with additional information available to Council and Public by February 9th. On Roll Call: Ayes: Leonard, Ihrke, Knapp, Rexwinkel, Nelson. Nays: None.

Knapp moved, Ihrke seconded the application to Surface Transportation Program (STP) for the 2015-2020 street projects (Central Avenue - 3rd St. N. to 3rd St. S. and 4th Avenue E. - 2nd St. S. to 10th St. S.) be approved. On Roll Call: Ayes: All present. Nays: None.

Leonard moved, Nelson seconded the Street Light Policy be approved as amended. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Knapp seconded the Capital Improvement Program (CIP) - List of Projects be acknowledged with amendment. On Roll Call: Ayes: All present. 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: Leonard, Rexwinkel, Knapp, Ihrke, Nelson. Nays: None.

Ihrke moved Rexwinkel 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: Leonard, Rexwinkel, Knapp, Ihrke, Nelson. 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 3:25 P.M.

_________________________________________________
Beverly Langel, City ClerkDick Kirchoff, Mayor

Le Mars City Council Special Meeting
Tuesday, January 25, 2011, 4:00 P.M.
Minutes


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

Nelson moved, Rexwinkel seconded Resolution No. 11-4 approving Federal-Aid Agreement No. 3-10-STPU-032 for Lincoln/Lake Intersection Improvements be adopted. On Roll Call: Ayes: Ihrke, Leonard, Knapp, Nelson, Rexwinkel. Nays: None.

Knapp moved, Nelson seconded a Joint Urban Renewal expenditure of $20,000 by Plymouth County for a forgivable loan to Northwest Electric be approved and if forgiven to be reimbursed through Joint T.I.F. Revenues. On Roll Call: Ayes: All present. Nays: None.

NOTE: The Council discussed Budget considerations for FY 2011-2012.

Rexwinkel moved, Nelson seconded to adjourn the meeting at 6:40 P.M. On Roll Call: Ayes: All present. Nays: None.


______________________________________________
Beverly Langel, City ClerkDick Kirchoff, Mayor


LE MARS CONVENTION CENTER

CITY OF LE MARS, IOWA


ConsentREQUEST FOR COUNCIL ACTION
Date:
February 1, 2011


Description:
List of Bills for Period Ending 1/31/11
Item No.
C-2


COUNCIL ACTION REQUESTED

Approval of bills for the period
ending 1/31/11.

(No Roll Call)


CITY OF LE MARS, IOWA


ConsentREQUEST FOR COUNCIL ACTIONDate:
February 1, 2011


Description:
Renewal of Liquor License/Beer Permit (Walmart, Willow Creek Bar & Grill, Le Mars Country Store)
Item No.

C-3

Applications have been received from Walmart for their Class E Liquor License, Willow Creek Bar and Grille for a Class C Liquor License and Outdoor Service Area, and
Le Mars Country Store for their Class C Beer Permit. Papers are in order. Approved by the Police Department.


COUNCIL ACTION REQUESTED

Motion approving renewal of Class E Liquor License to Walmart, Class C Liquor License and Outdoor Service Area to Willow Creek Bar and Grille, and Class C Beer Permit Le Mars Country Store.

(No Roll Call)

CITY OF LE MARS, IOWA


ConsentREQUEST FOR COUNCIL ACTIONDate:
February 1, 2011


Description:
Assignment for 2011
Item No.
C-4

Information:
Police Chief Stu Dekkenga has been serving as the City's representative on the Plymouth County E911 Board and it is recommended he be appointed to continue in that capacity for 2011 with Fire Chief David Schipper as Alternate.

Staff Recommendation:
Staff recommends said appointment.


COUNCIL ACTION REQUESTED

Motion appointing Stu Dekkenga to the Plymouth County E911 Board for 2011 and David Schipper as Alternate.

(No Roll Call)


CITY OF LE MARS, IOWA

ActionREQUEST FOR COUNCIL ACTIONDate:
February 1, 2011
Description:
Franklin Elementary School Traffic Control - Pedestrian SafetyItem No.

D-1

Information:

City Staff has reviewed the safety concerns around Franklin Elementary School. (See attached email from Stuart Dekkenga, Police Chief)

Staff Recommendation:

City Administrator recommends as follows:

Authorize Public Works to paint an off-set center line on 4th Street South from 3rd Avenue East to 4th Avenue East, to the north by four (4) feet, creating two (2) eleven (11) foot traffic lanes and one (1) eight (8) foot bus loading/unloading zone lane on the south separated by the appropriate paint markings and signed accordingly. (See attached Resolution)

Financial Impact:

Cost of paint markings and signage - minimal. No additional pavement cost.


COUNCIL ACTION REQUESTED

Motion adopting Resolution No.__________ restricting parking along 4th Street South and establishing loading/unloading zones.

(Roll Call)


CITY OF LE MARS, IOWA

ActionREQUEST FOR COUNCIL ACTIONDate:
February 1, 2011
Description:
Building and Construction Regulations UpdateItem No.
D-2

Information:

The State of Iowa had adopted new building codes within the last year and it has been City policy to mirror the State in its adoption of building standards to avoid discrepancies in enforcement. The Planning and Zoning Commission considered and approved the updates at their January 17, 2011 meeting.

Staff Recommendation:

Administration and Code Department recommend Council revise the City Code of Ordinance. The new code books are purchased and available in the Code Enforcement Office.

COUNCIL ACTION REQUESTED

Motion establishing March 1, 2011 at 12:00 P.M. as the date and time for public hearing regarding updates to building and construction regulations and amending Chapter 155.

(No Roll Call)

CITY OF LE MARS, IOWA




REQUEST FOR COUNCIL ACTION

Date:
February 1, 2011


Description:
Closed Session - Pending/Imminent Litigation
Item No.
F-1

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:
February 1, 2011


Description:
Closed Session - Collective Bargaining
Item No.
F-2

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)

NOTE: Council may take possible action.


GOP push to curb "burdensome" regulations

Governor Branstad and Republicans in the Iowa House and Senate will host 10 town hall meetings around the state to field complaints about state regulations.

According to a tentative agenda, the northwest Iowa town hall meeting is Friday, February 25th from 10:30 am – 12:30 pm at Morningside College in Sioux City

Senate Republican Leader Paul McKinley dismisses the separate town-hall tour on government red-tape that Senate Democrats announced last week, suggesting it's merely a publicity stunt.

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(as said) "A lot of what the Democrats are talking about doing, quite frankly, is for public consumption," McKinley says. "And we have talked about this issue for a number of years. We are very serious about gathering information and, quite frankly, it was under Democratic majority rule over the past several years that many of these onerous rules were adopted and enforced." Representative Dawn Pettengill,  a Republican from Mount Auburn, says she fields lots of complaints from business owners.


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(as said) "This is one area that we can help them," Pettengill says. "Without costing a lot of money, we can knock some of these barriers out of their way." Pettengill says a local quarry owner complained he'd been fined after an inspector found a cobweb in a porta-potty, but Pettengill doesn't know whether that was a state or federal inspector who issued the fine. Senator Merlin Bartz, a Republican from Grafton, says the goal of these town hall meetings is to compile "concrete" examples where state regulations have gone awry.


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(as said) "Government should not be punishing the very people that we need to have be creating jobs in this state," Bartz says. "And we need to have reasonable and responsible levels of rules and regulations that protect the public interest without placing an undue burden on our job creators and on our cities, local governments and taxpayers." The Republicans, including Governor Branstad and Lieutenant Governor Kim Reynolds, plan to hold town hall meetings in Ames, Newton, Oskaloosa, Sioux City, Council Bluffs, Cresco, Cedar Falls, Dubuque, Cedar Rapids and Burlington between the middle of February and the middle of March. Go to www.radioiowa.com for a list of times and locations. (News report by Radio Iowa)

SD county prepares for northwest Iowa casino


SIOUX FALLS, S.D. (AP) Minnehaha County officials are studying what kind of development to allow along the main highway leading from east Sioux Falls to a new casino being built just across the border in Lyon County, Iowa.

County Planner Dustin Powers told the Argus Leader that commercial development is likely along the so-called Red Rock Corridor.

Some landowners have had their land rezoned from agricultural to commercial in anticipation of growth from Grand Falls Casino Resort. Traffic on the state highway also is expected to increase.

A July opening is planned for the $120 million complex, which will include a hotel, events center and later an 18-hole golf course. However, due to construction activity, the opening may be sooner--by Memorial Day weekend.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

Forecasters predict heavy snow Tuesday in Iowa

DES MOINES, Iowa (AP) Forecasters are advising people to reconsider traveling in Iowa on Tuesday because of a major winter storm moving through the region.

The National Weather Service says the worst conditions are expected Tuesday afternoon into Wednesday when strong winds will combine with snow to create blizzard conditions.

By the time the storm wraps up on Wednesday, Iowa will be covered in snow with the heaviest precipitation in southeast Iowa.

Forecasters predict the Ottumwa area will receive 12 to 18 inches of snow, Central Iowa 7 to 14 inches, and northwest Iowa 3 to 7 inches.


Crowd fills public hearing on gay marriage

DES MOINES, Iowa (AP) Opponents and supporters of a constitutional amendment banning gay marriage filled the House chamber to make their case to a committee that's already voted to back the amendment.

More than 70 people signed up to speak on the issue, and the galleries were filled with several hundred more Monday night.

Debate in the full House is planned later this week.

A resolution calling for a statewide vote on amending the Iowa Constitution to define marriage as between one man and a woman would have to be approved by the current Legislature and the one elected next year before it would go before voters in the next statewide election.

Senate Majority Leader Michael Gronstal, a Council Bluffs Democrat, says he won't allow debate in the Senate.

Fla. judge strikes down health overhaul

PENSACOLA, Fla. (AP) A federal judge in Florida says the Obama administration's health overhaul is unconstitutional, siding with 26 states that had sued to block it, including Iowa.

U.S. District Judge Roger Vinson on Monday accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.

Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed.

The case is likely to go to the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance requirement unconstitutional.

Iowa soldier dies in Afghanistan

DES MOINES, Iowa (AP) An Iowa soldier serving in Afghanistan has died in a roadside bombing.

The family of 26-year-old U.S. Army Specialist Shawn Muhr, of Coon Rapids, says he was killed on Saturday. Muhr's father, David Muhr, tells The Des Moines Register his son was a passenger in a military truck hit by a roadside bomb.

Muhr's family says he had returned home on leave just after Christmas and returned to Afghanistan on Jan. 12.

Muhr was a 2003 graduate of Coon Rapids-Bayard High School. He joined the Army six years ago.

Muhr's family did not return telephone calls to The Associated Press for comment Monday.


1 dead in house fire in Waterloo


WATERLOO, Iowa (AP) Authorities have released the name of a woman who died in an early morning house fire that injured two others in Waterloo.

KWWL-TV says 57-year-old Sandra Jo Nash died in the fire that was reported about 4 a.m. Monday.

The two people injured in the fire were taken to a Waterloo hospital. One suffered only minor injuries and was not admitted. But the other was flown to an Iowa City hospital.

Officials say a neighbor saw the flames and alerted the people living in the house.

The cause of the fire is under investigation.


Blast damages new railroad bridge in Burlington

BURLINGTON, Iowa (AP) Officials say plans to demolish an old pier in Burlington by blowing it ended up damaging a section of a new railroad bridge.

The Hawk Eye reports 90 feet of the new 356-foot span of the Burlington Northern Santa Fe Railway bridge was damaged after an explosion charge was set off to remove the pier Saturday night. No injuries were reported.

BNSF spokeswoman Amy McBeth says an investigation is under way to determine what happened.

The removal of the old pier is related to the railroad's effort to build the new bridge.

Burlington police say the department was notified of the detonation well in advance because permits were needed.

Feds fine Iowa roads department, 3 contractors

DES MOINES, Iowa (AP) The Environmental Protection Agency says the Iowa Transportation Department and three contractors have agreed to pay a $60,000 penalty for violating terms of a construction permit for a U.S. Highway 30 project in Tama County.

The EPA says the three contractors are JB Holland Construction of Decorah, Peterson Contractors of Reinbeck, and Scheckel Construction of Bellevue.

The EPA says that in September 2009 its inspectors found several violations of the permit issued for directing stormwater runoff during construction on the project.

The EPA says that by agreeing to the penalty and settlement, the state and its contractors have certified that the site now complies with the federal Clean Water Act.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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




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