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KLEM News Update February 15, 2011


The board is being asked to appoint a board member to the Loess Hills Alliance Board.

A change in the contract for the Courthouse Annex building construction discussed last week to finish a lower level area will be considered. The cost is about seven-thousand dollars.

Correspondence from Higman Sand and Gravel will be discussed as information.

Treasurer Linda Dobson meets with the board to discuss and ask for action on a county-held tax sale certificate for property in Merrill.

Engineer Tom Rohe is on the agenda at 10:20 for road updates.

Agenda for Supervisors:

Tuesday, February 15, 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. Review courthouse annex building change order for approval (Action)
7. New Business
A. Appoint board member to Loess Hills Alliance Board (Action)
B. Discuss County surplus auction and courthouse garage relocate (Discussion)
C. Board to review correspondence from County to Higman Sand & Gravel (Informational)
D. Open and review mail/correspondence (Discussion)
E. Open public forum (Informational)


10:10 AMLinda Dobson, Plymouth County Treasurer - Discuss County held tax sale certificate in Merrill (Discussion and
Action)


10:20 AMTom Rohe, Plymouth County Engineer
(Action Items)
NONE

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

(Informational Items)
Update on construction projects

Source: Plymouth County auditor Stacey Feldman

www.co.plymouth.ia.us

Budget, Convention Center renovations on Council agenda

(LE MARS)--A proposal for a new City of Le Mars budget may be finalized for public comment today.

The budget is for a year of city business that begins in July. According to city management staff, day to day city operations financed through the general fund budget reflect a balanced budget.

The property tax rate is the current levy of $13.75. The proposed expenses for all budgets are just over 16-million dollars. The Council, at noon today, will consider setting March 1st as the time for public comments about the budget and adopting the budget. The proposed budget hearing would be during a Council meeting at noon.

The Council meeting opens with comments on a proposal to vacate city right-of-way in the 100 block of both First Street Southeast and First Avenue Southeast and to clear up any legal uncertainty in previously vacated alleys and easements to both the North and South Ice Cream Plants.

Wells' Dairy is proposing to expand the North Ice Cream Plant to the north into First Street Southeast for larger dry ingredient storage space and second floor office space. The vacation of streets near the plant is part of an overall plan to transfer 10 acres of land for a new Public Works facility in southwest Le Mars, near the South Ice Cream Plant.

Recommendations based on a review of 18 requests for Hotel Motel Sales Tax have been submitted for Council considerations. Funding is recommended to the Council for visitor-related events and projects ranging from Santa's Palace to a Clark Terry Jazz Festival next year. City staff suggests the Council table action on the recommendation from the Convention Visitors Bureau Advisory Board to allow time for public comment.

Information is to be presented at the meeting on Convention Center Renovations. An agreement with Airport Manager Earl Draayer is recommended for Council approval by staff. The proposal includes a 1.6 percent increase in the fourth year of the five-year contract begun in 2007.

The Council is slated to close a portion of the meeting to the public to discuss strategy in pending and or threatened legal action.

NOTE: AGENDA ORDER SUBJECT TO CHANGE

LE MARS CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 15, 2011, 12:00 P.M.
AGENDA


A. CALL TO ORDER - MAYOR
ROLL CALL - CITY CLERK
COUNCILMEMBERS: NELSON_____, KNAPP_____ REXWINKEL_____,
LEONARD______, IHRKE_______
B. HEARINGS
1. Wells' Dairy - North Ice Cream Plant Vacate Streets

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 February 1, 2011 Regular Meeting Minutes & Feb 7, 2011 Special Meeting Minutes
2.List of Bills for Period Ending 2/11/11
3.Monthly Financial Statement for January 2011

E. ACTION ITEMS
1.Convention and Visitor Bureau Advisory Board Recommendations
2.FY 2011-2012 Proposed Budget
3.GIS Workshop, Inc. - GIS Database Project
4.Airport - Building for Snow Removal Equipment
5.Convention Center Renovations
6.Airport Manager's Agreement

F.DISCUSSION
1.Council/Mayor
2.City Administrator/Public Works Director
a. Annual Reports - Police & Wastewater Departments
3.Assistant City Administrator

G. CLOSED SESSION
1. Pending/Imminent Litigation

H.ADJOURNMENT
Next Resolution No. 11-6
Next Ordinance No. 892

Le Mars City Council Meeting
Tuesday, February 1, 2011, 12:00 P.M.
Minutes

Mayor Kirchoff 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: All present. Nays: None.
-Regular meeting minutes of January 18, 2011 and Special Meeting Minutes of January 25, 2011.
-List of bills for period ending 1/31/11.
-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 to Le Mars Country Store.
-Appoint Stu Dekkenga to the Plymouth County E911 Board for 2011 and David Schipper as Alternate.

Rexwinkel moved, Knapp seconded Resolution No. 11-5 restricting parking along 4th Street South and establishing bus loading/unloading zones be adopted, subject to approval of school officials. On Roll Call: Ayes: Ihrke, Nelson, Leonard, Rexwinkel, Knapp. Nays: None.

Leonard moved, Ihrke seconded March 1, 2011 at 12:00 P.M. be established for public hearing regarding updates to building and construction regulations and amending Chapter 155. On Roll Call: Ayes: All present. Nays: None.

NOTE: Annual Reports were presented by Fire and Water Departments.
.
NOTE: The Council discussed Budget considerations for FY 2011-2012.

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.

Ihrke moved Nelson 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.

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

Ihrke moved, Leonard seconded the meeting be adjourned at 2:30 P.M.

_________________________________________________
Beverly Langel, City ClerkDick Kirchoff, Mayor

Le Mars City Council Special Meeting
Monday, February 7, 2011, 12:00 P.M.
Minutes


Mayor Pro Tem Knapp presided. Present: Rexwinkel, Ihrke, Nelson, Leonard (via telephone), Knapp. Absent: None.

Nelson moved, Leonard seconded the 2011-2014 Le Mars City Employee Bargaining Unit 3-year contract be approved. On Roll Call: Ayes: Knapp, Nelson, Leonard. Nays: Ihrke, Rexwinkel.

Ihrke moved, Nelson seconded to adjourn the meeting at 12:05 P.M. On Roll Call: Ayes: All present. Nays: None.


______________________________________________
Beverly Langel, City ClerkRex E. Knapp, Mayor Pro Tem




CITY OF LE MARS, IOWA

HearingREQUEST FOR COUNCIL ACTIONDate:
February 15, 2011


Description:
Wells' Dairy - North Ice Cream Plant Vacate Streets - 12:00 P.M.
Item No.
B-1

Information:
At its January 18, 2011 meeting the Council established this as the date and time to hear public comment concerning the proposal to vacate City Right-of-Way in the One Hundred Block of both 1st Street SE and 1st Avenue SE and to verify any uncertainty regarding previously vacated alleys and easements relative to both the North Ice Cream Plant (NICP) and South Ice Cream Plant (SICP) as stated in their October 1, 2010 letter.

Wells' Dairy is proposing to expand its North Ice Cream Plant (NICP) to the north into 1st Street SE for larger dry ingredient storage space and second floor office space (no production). Final design of the expansion is not yet complete. Therefore, total impact to all utilities is not yet known. However, City Staff believes the water main can be abandoned with no need to relocate. The sewer main must be relocated. Staff also believes that water mains and services, as well as, sewer mains and services within 1st Avenue SE would become the property of Wells' as their service lines. (see attached map)

The diagonal parking along the east side of Lincoln Street cannot yet be determined until expansion design is complete.

Wells' Dairy legal department is currently reviewing the specific requirements needed to clear up any discrepancies with the following:
1)Previously vacated north/south alley at NICP
2)Previously vacated east/west alley at NICP
3)Previously authorized use of 1st Avenue SE right-of-way at NICP
4)Previously vacated water main on SICP site

Staff Recommendation:

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

Financial Impact:

City Right-of-Way transferred to Wells' is less than two (2) acres; Wells' transfers ten (10) acres of land to City for Public Works. City pays costs associated with utility relocations (water abandoned - not needed and sewer relocated). Future ownership and maintenance of these streets would rest with Wells'.
COUNCIL ACTION REQUESTED

Motion adopting Resolution No. ______ authorizing the vacation and sale of City Right-of-Way of both 1st Street SE and 1st Avenue SE adjacent to the North Ice Cream Plant and modify the previously vacated alleys and easements, as stated to Wells' Dairy, Inc., and authorizing Legal Committee to finalize the transactions.
(Roll Call)

CITY OF LE MARS, IOWA


ConsentREQUEST FOR COUNCIL ACTION
Date:
February 15, 2011


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


COUNCIL ACTION REQUESTED

Approval of bills for the period
ending 2/11/11.

(No Roll Call)

CITY OF LE MARS, IOWA


Consent
REQUEST FOR COUNCIL ACTION
Date:
February 15, 2011


Description:
Monthly Financial Statement for January 2011
Item No.
D-3

Attached is the monthly Financial Statement for January 2011.

COUNCIL ACTION REQUESTED

Motion acknowledging receipt of monthly
Financial Statement for January 2011.

(No Roll Call)


CITY OF LE MARS, IOWA


Action
REQUEST FOR COUNCIL ACTION
Date:
February 15, 2011


Description:
Convention and Visitor Bureau Advisory Board Recommendations
Item No.

E-1

Information:

Attached is a letter from Jessica Lingren, CVB Manager, representing the Convention and Visitor Bureau Advisory Board, making funding recommendations for FY '12.

CVB Advisory Board Members will be available at the meeting.

Staff Recommendation:

Staff recommends that the Council acknowledge receipt of the recommendations, however, would suggest that we allow a couple of weeks for citizen input.

Financial Impact:

In accordance with annual appropriations.


COUNCIL ACTION REQUESTED

Motion acknowledging receipt of the Convention and Visitor Bureau Advisory Board's recommendation for FY '12 project funding, however, table action until the
March 1, 2011 Council Meeting to allow citizen input.

(No Roll Call)

CITY OF LE MARS

Action
REQUEST FOR COUNCIL ACTION
Date:
February 15, 2011


Description:
FY 2011-2012 Proposed Budget
Item No.
E-2

Information:

Attached you will find a recap of a proposed budget for FY '12 using a levy rate of $13.75. It shows total expenditures of $16,143,360 and a balanced general fund budget. This proposal is the result of many Committee/Board Meetings, Council Meetings and a Council Budget Workshop.

Staff Recommendation:

Staff is recommending that Council accept the FY '12 Budget as presented and set the public hearing on the budget for the March 1, 2011 meeting.



Please bring your budget information to the meeting.


COUNCIL ACTION REQUESTED
Motion accepting the proposed 2011-2012 annual budget and establishing March 1, 2011 at 12:00 P.M. as the date and time for public hearing regarding adoption of the FY 2011-2012 Budget.

(No Roll Call)

CITY OF LE MARS

Action
REQUEST FOR COUNCIL ACTION
Date:
February 15, 2011


Description:
GIS Workshop, Inc. - GIS Database Project
Item No.
E-3

Information:

Water and Wastewater Departments have planned for several years to develop a GIS Database for the Distribution System and Collection System respectively.

Over the last four (4) years the combination of water, wastewater and previous engineering staff have been collecting data using a hand held GPS unit.

It is now time to utilize that information in a GIS Database System. GIS Workshop, Inc. has given us a proposal (see attached).

Staff Recommendation:

Water, Wastewater and Administration Staff recommend approval.

Financial Impact:

Water cost is $20,742
Wastewater cost is$ 9,543
Total$30,285

(Note: $600 is paid directly to ESRI, a software company.)


COUNCIL ACTION REQUESTED
Motion approving Agreement with GIS Workshop, Inc. in the amount of $29,685 to design and develop a GIS database for both Water and Wastewater Departments.

(No Roll Call)

CITY OF LE MARS, IOWA


Action

REQUEST FOR COUNCIL ACTION

Date:
February 15, 2011


Description:
Airport - Building for Snow Removal Equipment
Item No.
E-4

Information:

The new Snow Removal Equipment arrived February 10, 2011.

FAA has given preliminary approval of the City's Construction Improvement Program, CIP, which includes a new building for the snow removal equipment. (Estimated cost $229,320)

Bolton & Menk has prepared Work Order No. 2 to the July 10, 2010 Master Agreement for Professional Services to perform the necessary engineering work to develop the project plans, specifications, estimates, etc. (see attached).

Tentative Schedule would be as follows:

Engineering AgreementFebruary, 2011
Plan, Specifications and Cost EstimateApril, 2011
BidMay, 2011
FAA Approval of FundingMay, 2011
ConstructionSummer, 2011

Funding anticipated: 95% FAA$217,854
5% City - $ 11,466

Location of the building would be just south of Airport Road and 150 feet east of Wells' Hangar.

The building would include:
40' x 50' steel building
Two (2) overhead and one (1) walk door
Concrete floor and approach drive
Radiant heat to maintain 40° F
No office, no restroom, no maintenance area

Staff Recommendation:

Staff recommends Council approval to proceed through design and bidding.

Financial Impact:

95% FAA funding
5% City - Airport Improvement fund balance

COUNCIL ACTION REQUESTED

Motion (approving) (denying) the Engineering Agreement with Bolton & Menk entitled Work Order No. 2 in the amount of $___________ for the Airport Snow Removal Equipment Building.

(No Roll Call)

CITY OF LE MARS, IOWA


Action

REQUEST FOR COUNCIL ACTION

Date:
February 15, 2011


Description:
Convention Center Renovations
Item No.
E-5

Information:

Information will be available at the meeting regarding the Main Upper Level and Bar Area of the Le Mars Convention Center.


COUNCIL ACTION REQUESTED

As desired.

CITY OF LE MARS

Action
REQUEST FOR COUNCIL ACTION
Date:
February 15, 2011


Description:
Airport Manager's Agreement
Item No.
E-6

Information:

The current Agreement between the City and the Airport Manager, Earl Draayer, is a 5-year agreement commencing on September 7, 2007 and began at $55,800 with annual adjustments based on Bureau of Labor Statistics C.P.I.

However, adjustments were made using the Social Security Index which has resulted in an underpayment in the second year, an overpayment in the third year and currently an overpayment in the year to date of the fourth year.

Secondly, the Agreement should be amended to align with a fiscal year basis.

Third, a 1.6% difference currently exists between the Bureau of Labor and Social Security Index.

The difference in the compensation is $57,688.72 correct rate to $61,361 adjusted rate Earl is requesting. Attached is a long term historical summary and a four (4) year compensation comparison of the three (3) methods used to calculate the rate. The effective average annual increase for the first three (3) years has been 2.65%, approximately.

If we give Earl the 1.6% increase in the fourth year as requested, the effective average annual increase for the first four (4) years would be 2.5%, approximately.

Staff Recommendation:

City Administrator recommends Council revise the Agreement, as follows:

1)Change to Fiscal Year basis
2)Establish FY 2011 rate as one of three listed
3)Change Bureau of Labor Statistics to Social Security Index
4)Establish a new five (5) year Agreement effective FY 2011

Financial Impact:

An increase will be paid from Airport Operating Budget which is a General Fund activity.




COUNCIL ACTION REQUESTED
Motion approving the recommended changes in the Airport Manager's Agreement effective in FY 2011.
(No Roll Call)

CITY OF LE MARS, IOWA


Action

REQUEST FOR COUNCIL ACTION

Date:
February 15, 2011


Description:
Convention Center Renovations
Item No.
E-5

Information:





CITY OF LE MARS, IOWA




REQUEST FOR COUNCIL ACTION

Date:



Description:
Closed Session - Pending/Imminent Litigation
Item No.
G-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)

Health Care is legislative issue

(LE MARS)--A Le Mars lawmaker says lawmakers are dealing with health care this session.

State Representative Chuck Soderberg, speaking at a legislative forum in Le Mars Saturday, said no matter which side of the issue you are on, health care is a huge issue.

According to Soderberg, a Health Freedom Care Act has been passed in the House.

Listen here

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Soderberg said Utah has done something similar to what Iowa is doing and in his words, "It's held up pretty well."

Sheriff's office investigates school bus accident near Struble

(LE MARS)--The Plymouth County Sheriff's Office reports two students had minor injuries after a traffic accident south of Struble Monday morning.

According to the report, a Le Mars Community School bus driven by 63-year-old William Jackes of Le Mars had turned onto Lake Avenue from 120th street where there was an immediate left hand curve just over a bridge.

Jackes told authorities he was attempting to turn the heating control down in the bus and was momentarily distracted. The right front wheel of the bus dropped off onto the soft east shoulder.

Jackes attempted to recover, but the rear end of the bus went into the ditch causing the school bus to roll onto its right side, ending up partially on the roadway.

Two passengers, five-year-old Gustavo Cervantes of rural Le Mars and 13-year-old Mathew Lopez of rural Le Mars, were taken to Floyd Valley Hospital by private vehicle to be checked for injuries.

The sheriff's report listed their injuries as minor. Jackes was not injured.

Forum talks includ education, casino tax

(LE MARS)--Proposed bills to change Iowa's nickel deposit law, school funding and vehicle titles brought Le Mars area residents to a meeting with area lawmakers Saturday.

State Representative Chuck Soderberg of Le Mars explained the bill for school funding known as allowable growth. The bill passed with zero percent allowable growth which Soderberg said has a cost of 216-million to backfill underfunding or one time money used last year.

Listen here

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Remsen-Union School Board member Shirley Schroeder told the lawmakers mandates to schools are just endless and asked for local decision making rather than mandates. As an example, she cited a report for one student that took three hours to fill out.

Senator Randy Feenstra said the Senate has only passed two bills during the five weeks of the session.

Feenstra spoke of his opposition to any tax increase when the Governor's proposal to increase casino tax percentages was discussed.

Listen here

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Plymouth County treasurer Linda Dobson talked with the lawmakers about a bill to have auto dealers electronically register and title vehicles. Dobson pointed to the service offered by treasurers and noted there was opposition to the change from some auto dealers.

No jury duty today

(LE MARS)--Plymouth County Jurors do NOT need to report for jury duty on Tuesday. Jurors are asked to call the clerk of court's office on Monday, February 21st after 3 p-m to find out whether to report on Tuesday, February 22nd.

Garcia arrested after failing to return from work release

SIOUX CITY, Iowa (AP) Iowa officials say a 23-year-old inmate who had been listed as escaped from a Sioux City work-release facility is back in custody.

A news release from the Iowa Department of Corrections on Monday says Humberto Garcia was apprehended on Saturday and is in Woodbury County Jail.

Garcia was convicted of two weapons charges and a gang-participation charge in Woodbury County.

He was transferred to the work-release program in October after beginning his seven-year sentence in March 2008.

The department says Garcia went on the escaped list after he didn't return to the Sioux City facility at the end of his workday.

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

Clothing likely linked to missing man

YANKTON, S.D. (AP) Clothing found along the banks of the Missouri River in Yankton is believed to be connected to the case of a missing Yankton man.

Police said Monday that they believe it belongs to 26-year-old Kyle G. Bender, who was last seen at his mother's residence on Dec. 11.

A member of the public found the clothing Saturday.

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

Some Iowa preschool advocates say they're threatened by budget cut

DES MOINES, Iowa (AP) Iowa's Republican governor, Terry Branstad, has proposed scaling back the state pre-school education provided in most of Iowa's school districts.

Branstad said Monday that the state can no longer afford the $70 million annual cost. He is proposing to cut pre-school spending to $43 million, and to provide the money in scholarships to children based on their family income.

School advocates and some Democrats complain that the cutback will reverse progress that Iowa has made since the pre-school program began in 2007. It's not clear yet whether the Legislature will approve Branstad's plan.

But the proposal shows how state budget problems are threatening some education initiatives across the nation.

Iowa House subcommittee approves abortion ban

DES MOINES, Iowa (AP) A House panel has approved a measure that would ban all abortions in Iowa.

Backers say the measure approved Monday defines life as beginning at the moment of conception and would protect it from that point. Opponents say the plan would prohibit many forms of contraception and could have many other unintended consequences.

A subcommittee of the House Human Resources Committee approved the plan on a 2-1 vote, sending it to the full committee for more debate.

The measure was written by Pleasant Hill Rep. Kim Pearson. The Republican says it's important for the Legislature to go on record as favoring protecting life.

Officials of Planned Parenthood of the Heartland say the measure's real goal is to provide a vehicle for challenging a U.S. Supreme Court decision legalizing abortion.

Minn. man gets 6 months for raid on ferret farm

DAVENPORT, Iowa (AP) A judge has sentenced a Minnesota graduate student to six months in prison for working with other animal rights activists to carry out a 2006 break-in at a farm where dozens of ferrets were let loose.

Scott Ryan DeMuth was sentenced Monday in Davenport.

He pleaded guilty last year to one count of conspiracy to commit animal enterprise terrorism under a deal with prosecutors in Iowa. In exchange, they dropped allegations that he was involved in an attack on a University of Iowa lab in 2004 where vandals released 400 rats and mice and destroyed research data.

DeMuth admitted he ``conspired to disrupt and damage'' Lakeside Ferrets, Inc., in Howard Lake, Minn. Prosecutors say vandals cut holes in a fence and opened cages housing ferrets being bred for pet stores.

Mississippi governor plans visit to Iowa

DES MOINES, Iowa (AP) Mississippi Gov. Haley Barbour, a potential 2012 presidential candidate, will be in Iowa next month to headline a Republican fundraising dinner.

The Iowa Republican Party on Monday says Barbour's visit on March 15 in the Quad Cities is part of a series of events across the state to prepare county organizations for the 2012 presidential caucus.

Iowa GOP spokesman Casey Mills wouldn't say if Barbour would be in Davenport or Bettendorf, and that final details would be released later.

The Quad Cities also includes Rock Island and Moline in Illinois.

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

Submit your news release, photos, 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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