Legals - Week of 2.1.17

Tuesday, January 31, 2017

IN THE IOWA JUVENILE COURT FOR DICKINSON COUNTY

IN THE INTEREST OFJUVENILE NO. JVJV003272 JVJV003273
A.F.K.F.ORIGINAL NOTICE
D.O.B. 07/01/2013,D.O.B. 05/02/2016,Minor Children.
TO: All Punitive Fathers, of a Child Born on the 1st day of July, 2013 and of a Child Born on the 2nd day of May, 2016.

You are hereby notified that there is now on file in the office of the clerk of the above Court a Child in Need of Assistance Petition concerning the above-named child pursuant Iowa Code Chapter 232. The Petitioner is the State of Iowa whose attorney is Travis Johnson, Assistant Dickinson County Attorney, and whose address is 1802 Hill Avenue, Suite 2509, Spirit Lake, Iowa 51360, phone number 712-336-4003.

You are further notified that an adjudicatory hearing has been set for the child in interest and shall be held before the Juvenile Court on February 21, 2017 at 11:00 a.m. in the juvenile courtroom of the Dickinson County Courthouse in Spirit Lake, Iowa. If you fail to appear and defend at said time and place, judgment by default may be rendered against you for the relief demanded in the petition. You have the right to court appointed counsel if you are indigent.

IMPORTANT

YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.

If you need assistance to participate in court due to a disability, call the disability coordinator at 712-279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

Probate No. ESPR014299

NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR, AND NOTICE TO CREDITORS

IN THE ESTATE OF Darlene Ross, Deceased

To All Persons Interested in the Estate of Darlene Ross, Deceased, who died on or about the January 3, 2017:

You are hereby notified that on the 12th day of January, 2017, the last will and testament of Darlene Ross deceased, bearing date of the 22nd day of March, 2013, was admitted to probate in the above named court and that Dennis Ross and Brian Ross was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the second publications of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated this 3rd day of January 2017.

Dennis Ross and Brian Ross

Executor of Estate

25432 182nd Street,

Spirit Lake, IA 51360

And 3255 185th Street,

Estherville, IA 51334

Todd R. Buchanan #AT0001160

Attorney for executor

Firm Name: Buchanan, Gabor & Meis

111 North Dodge Street

Algona, IA 50511

Date of second publication: 1st day of February, 2017.

Probate Code Section 304

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF

THE ESTATE OF

CAROLYN A. JOHNSON, Deceased.

CASE NO. 03301 ESPR014301

NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of CAROLYN A. JOHNSON, Deceased, who died on or about December 11, 2016:

You are hereby notified that on January 13, 2017, the undersigned were appointed Co-Administrators of the estate.

Notice is hereby given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur four months from the date of the second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated on January 13, 2017.

Paul Johnson, Co-Administrator

of the Estate

21310 Talbots Ln.

Brookfield, WI 53045

Eric Johnson, Co-Administrator

of the Estate

3205 E. Archer Cir.

Sioux Falls, SD 57103

Paul Kippley, ICIS PIN No: AT0004309

Attorney for the Administrators

Austin, Haberkorn, Kippley & Wippert

Address: 110 N. Marshall St., Rock Rapids, IA 51246

Date of second publication

_February 1st, 2017_

Probate Code Section 230

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF

THE ESTATE OF PATRICIA A. STELZIG, DECEASED

PROBATE NO. ESPR014302

NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTORS,

AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of Patricia A. Stelzig, Deceased, who died on or about February 18, 2016:

You are hereby notified that on January 13, 2017, the last will and testament of Patricia A. Stelzig, deceased, bearing date of June 14, 2012, was admitted to probate in the above named court and that Keith T. Stelzig and Kristin A. Bonn were appointed executors of the estate on January 13, 2017. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated January 13, 2017.

Keith T. Stelzig, Executor

2225 Trimble St.,

Eau Claire, WI 54701

Kristin A. Bonn, Executor

W5053 County Road M,

Durand, WI 54736

Mark S. Rolinger, ICIS PIN No: AT0006713

Attorney for executor

Redfern, Mason, Larsen & Moore, PLC

415 Clay Street, PO Box 627, Cedar Falls, IA 50613

Date of second publication

_February 1st_, 2017

Probate Code Section 304

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LAND FOR LEASE

Dickinson County is accepting bids to lease the following acres:

Land - Neppl PitAcres - +/- 73.6Location - W1/2-NW1/4 & SE1/4 8-99-37Years - 1

Bid forms can be obtained from the County Engineer’s Office. Bids will

be accepted by mail, fax, or drop off at 1802 Hill Avenue, Suite 2101,

Spirit Lake, IA 51360 until Thursday, February 2, 2017 at 4 P.M.

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NOTICE OF TRUST

TO ALL PERSONS INTERESTED in the legal affairs of Raymond E. Nichols, deceased, who died on or about June 1, 2016.

You are hereby notified that Lisa Singh is the trustee of the Raymond E. Nichols Trust. At this time, no formal administration is contemplated with regard to the above-referenced decedent’s estate.

Any action to contest the validity of the trust must be brought in the District Court of Dickinson County, Iowa, within the later to occur of four months from the date of second publication of this notice, or thirty days from the date of mailing this notice to all heirs of the decedent, spouse of the decedent, and beneficiaries under the trust whose identities are reasonably ascertainable. Any suit not filed within this period shall be forever barred.

Notice is further given that all persons indebted to the decedent or to the trust are requested to make immediate payment to the undersigned trustee. Persons or entities having claims against the trust must mail them to the trustee at the address listed below via certified mail, return receipt requested. Unless creditor claims are mailed by the later to occur of four months from the second publication of this notice or thirty days from the date of mailing this notice, the claim shall be forever barred, unless otherwise allowed or paid.

Dated this day of , 20____.

Raymond E. Nichols Trust
Lisa Singh, Trustee 1482 Clotilde Ct.

Turlock, CA 95380

Bridget L. Bailey, Attorney for the Trust

BL Bailey, PLLC

P.O. Box 752

Spencer, IA 51301

(712) 262-0444

Date of second publication

_1st_ day of _February_, 20_17_.

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THE IOWA DISTRICT COURT DICKINSON COUNTY

Probate No. ESPR014304

NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR, AND NOTICE TO CREDITORS

IN THE ESTATE OF Larry L. Olson, Deceased

To All Persons Interested in the Estate of Larry L. Olson, Deceased, who died on or about the December 2,2016:

You are hereby notified that on the19th day of January, 2017, the last will and testament of Larry L. Olson deceased, bearing date of the 28th day of February, 2004, was admitted to probate in the above named court and that Shirley J. Olson was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the second publications of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated this 23rd day of January 2017.

Shirley J. Olson

Executor of Estate

5707 Lake Shore Drive

Okoboji, IA 51355

Christopher A. Bjornstad, #0000924

Attorney for executor

Firm Name: Cornwall Avery Bjornstad & Scott

407 Grand Avenue, PO Box 999

Spencer, IA 51301

Date of second publication: 8th day of February, 2017.

Probate Code Section 304

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THE IOWA DISTRICT COURT DICKINSON COUNTY

Probate No. ESPR014306

NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR, AND NOTICE TO CREDITORS

IN THE ESTATE OF Thomas Morton Holliday, Deceased

To All Persons Interested in the Thomas Morton Holliday, Deceased, who died on or about the August 15, 2013:

You are hereby notified that on the 26th day of January, 2017, the last will and testament of Thomas Morton Holliday deceased, bearing date of the 10th day of July, 2009, was admitted to probate in the above named court and that Kathleen A. Holliday was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the second publications of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated this 1st day of February 2017.

Kathleen A. Holliday

Executor of Estate

2200 Pacific Avenue

San Francisco, CA 94115

John M. Bjornstad, #AT0000921

Attorney for executor

Firm Name: Bjornstad Law Office

832 Lake Street Po Box 305

Spirit Lake, IA 51360

Date of second publication: 8th day of February, 2017.

Probate Code Section 304

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NOTICE OF DISSOLUTION

OF

SHAW G. & L. LIMITED

TO ALL PERSONS INTERESTED IN AND CLAIMANTS OF

SHAW G. & L. LIMITED:

SHAW G. & L. LIMITED, an Iowa corporation, has filed Articles of Dissolution effective January 16, 2017. All persons with claims against SHAW G. & L. LIMITED must present them as follows:

1. The claim must include the name of the claimant, the address of the claimant, the telephone number of the claimant, the amount claimed, the date the claim was incurred, and the detailed basis for said claim. All claims must be accompanied by all written evidences of said claim, including, but not limited to, invoices, leases, notes and documents evidencing security interests.

2. Claims must be addressed and mailed (postage prepaid) to SHAW G. & L. LIMITED, ATTN: Dalton J. Kidd Attorney at Law, P.O. Box 264, 3301 Highway 71, Spirit Lake, Iowa 51360.

3. NOTWITHSTANDING THE FILING OF ANY SUCH CLAIMS, A CLAIM AGAINST SHAW G. & L. LIMITED, WILL BE FOREVER BARRED UNLESS A PROCEEDING TO ENFORCE THE CLAIM IS COMMENCED WITHIN THREE (3) YEARS AFTER THE PUBLICATION OF THIS NOTICE.SHAW G. & L. LIMITEDBy: Dalton J. Kidd, Attorney at Law
Kidd Law Firm, PLLC

P.O. Box 264

3301 Highway 71

Spirit Lake, Iowa 51360

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THE HARRIS-LAKE PARK COMMUNITY SCHOOL DISTRICT BOARD OF EDUCATION MET IN ROOM 9B OF THE MIDDLE/HIGH SCHOOL ON JANUARY 23rd 2017 AT 5:25 P.M. FOR THE PURPOSE OF HOLDING A SPECIAL MEETING FOR THE SUPERINTENDENT SEARCH. PRESENT FOR THE 5:25pm MEETING WERE THE FOLLOWING PERSONS: Directors Bosma, Stahly, Heikens, Harmon and Elser. Secretary Gunderson was also present.

Director Harmon made a motion, seconded by Stahly to approve the agenda as printed. Motion carried 5-0.

At 5:27pm Director Elser made a motion, seconded by Bosma to enter into closed session under code 21.5(1)(i) to evaluate the professional competency of an individual whose appointment or hiring is being considered and that individual requests a closed session. A roll call vote was taken. Ayes: Bosma, Stahly, Heikens, Harmon and Elser. Nays: None. Motion carried 5-0. No action was taken in closed session.

At 7:31pm Director Bosma made a motion, seconded by Harmon to return to open session.

A roll call vote was taken. Ayes: Bosma, Stahly, Heikens, Elser and Harmon. Nays: None. Motion carried 5-0.

President Heikens adjourned the meeting at 7:32pm.

Shelley Heikens Mindy Gunderson

Board President Board Secretary

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Dickinson County Board of Supervisors

January 17th, 2017

10:00 A.M. Present are Supervisors Paul Johnson, Mardi Allen, Tim Fairchild, and Chairperson William Leupold. Vice-Chairperson Pam Jordan present telephonically.

The Pledge of Allegiance was recited by those present.

Meeting called to order by Chairperson, William Leupold.

10:00 A.M., time for the Completion Hearing on Drainage District #17, Branch 36. Chair Leupold opened the Public Hearing. Rick Hopper, Jacobsen Westergard engineer for the project present to give an overview of the project and to entertain questions. Attending the hearing were Bill Lambert and Gayle and Leland Eral. As there was no further discussion, Chair Leupold closed the Public Hearing Drainage District #17 Branch 36.

Moved by Allen, seconded by Fairchild, to approve the acceptance of Drainage District 17, Branch 36 as complete. Roll call vote: Allen-aye, Fairchild-aye, Johnson-aye, Jordan-aye, Leupold-aye.

Claims were then produced against the payment of the final pay for the project. Moved by Allen, seconded by, Johnson, to approval the final payment of $8,808.37 for Drainage District 17, Branch 36 Project to ABC Services less the claim of $2, 858.31 for crop damage to William Lambert against said project and to issue waivers for a period of twenty (20) years at a 5% interest rate. Roll call vote: Allen-aye, Johnson-aye, Jordan-aye, Fairchild-aye, Leupold-aye.

Rick Hopper then presented the board with a preliminary engineering report on the proposed Drainage District #92 establishment. Moved by Fairchild, seconded by Johnson, to approve and accept the preliminary engineering study report. Roll call vote: Fairchild-aye, Johnson-aye, Allen-aye, Jordan-aye, Leupold-aye.

Moved by Johnson, seconded by Fairchild to set March 21, 2017 at 9:30 A.M. in the Dickinson County Board of Supervisor’s room for a Public Meeting on the proposed establishment of Drainage District #92. Roll call vote: Johnson-Fairchild-aye, Allen-aye, Jordan-aye, Leupold-aye.

Moved by Jordan, seconded by Allen, to approve the January 10, 2017 Board Meeting Minutes as presented to the board. Roll call vote: Jordan-aye, Allen-aye, Johnson-aye, Fairchild-aye, Leupold-aye.

County Recorder Ann Ditsworth present with the office quarterly report and office trends and updates.

The board gave their board and committee reports and non-actionable items were discussed.

There being no further items presented to the board this 17th day of January, 2017, it was moved by Johnson, seconded by Allen to adjourn. All voted aye.

Meeting adjourned to the call of the Chairperson at 11:19 a.m.

William Leupold, Chairperson

Lori Pedersen, Auditor

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E-FILED JAN 17 12:26 PM DICKINSON – CLERK OF DISTRICT COURT

In the Iowa District Court for Dickinson County

Original Notice and Petition for Disposition of Abandoned Property

(Iowa Code chapter 555B)

(Mobile Home and Person Property in the Vicinity)

Case No SCCV027813

County Dickinson

GF Land Partnership

1601 Keokuk Ave., Spirit Lake, IA 51360

(plaintiff)

VS

James Watson

1502 Memphis Ave., Spirit Lake, IA 51360

(defendant)

To Defendant(s):

Plaintiff(s) demand(s) a judgment of abandonment for (state the exact nature of abandoned property): Lot #9 mobile home has been abandoned and title owner is deceased approximately one year.

Because (state basis of demand): during this time, the rent has not been paid for Lot #9 at 1502 Memphis Avenue, Spirit Lake, IA

In support of this demand Plaintiff(s) state(s):

Plaintiff(s) has (have) not requested notice by the sheriff as provided for in Iowa Code section 555B.2;

The property is located in the above county; and

There is no lien against the property other than a tax lien pursuant to Iowa Code chapter 435.

Hearing is set for the date, time, and court location listed on the last page of this Original Notice and Petition. The court will electronically record the hearing. Any party desiring that a certified court reporter report the hearing must arrange and pay for the costs of reporting. Failure to appear at the hearing may result in judgment entered against you for statutory damages, interest, and court costs, and the property will be disposed of as abandoned property.

NOTE: Service must be made on the owner of the property at least 10 days before the hearing and the hearing must be set within 14 days of filing the Petition.

/s/ GF Land Partnership,By Ginny McIntire

G F Land Partnership

1601 Keokuk Ave., Spirit Lake, IA 51360

712-336-8400

HYPERLINK “mailto:rentals@rocmanagement.com”rentals@rocmanagement.com

HYPERLINK “mailto:gmintire@rocmanagement.com”gmintire@rocmanagement.com]

E-FILED 2017 JAN 17 1:11 PM DICKINSON – CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR DICKINSON COUNTY

Small Claims No. 03301 SCCV027813

Notice of Hearing

Docket Event Code: NHSC

GF Land Partnership

(Plaintiff)

VS

James Watson

(Defendant)

The above entitled matter will be heard on January 30th, 2017, at 3:30 p.m. The hearing will occur at DICKINSON COUNTY COURTHOUSE in SPIRIT LAKE, Iowa. The court will electronically record the trial. If either party desires that the trial be reported by a certified court reporter, that party must arrange for and pay for the costs of such reporting.

COURT ROOM B

Dated: January 17, 2017

/s/ TERESA DALEN JS3

Clerk of Court/Designee

Dickinson County

If you need assistance to participate in court due to a disability, call the disability coordinator at 712-279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY at (1-800-735-2942). Disability coordinators cannot provide legal advice.

E-FILED 2017 JAN 20 11:30AM DICKINSON – CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR DICKINSON COUNTY

Case No. 03301 SCCV027813

CALENDAR ENTRY & ORDER

G F Land Partnership

(Plaintiff/Petitioner)

VS

James Watson

(Defendant/Respondent)

On this 20th day of January, 2017, the court is presented with a Motion for Authority to Publish Notice: and the court finds that said Motion should be granted. The court further finds that in order to allow time for service of notice as required under section 555B.4, Code of Iowa, the hearing date previously scheduled in this matter for January 30, 2017, will need to be continued.

IT IS THEREFORE ORDERED as follows:

That the Plaintiff, G F Land Partnership, is authorized to serve notice in this matter by publication in accordance with the provisions of section 555B.4 (2), Code of Iowa; and

That the small claims hearing previously scheduled in this matter for January 30, 2017, is rescheduled for February 20, 2017, at 10:00 a.m.

Case#

SCCV027813

Case Title

GF Land vs Watson, James

Type: Other Order

So Ordered

David C Larson, District Associate Judge

Third Judicial District of Iowa

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ORDINANCE NO. 202

REPLACES THE PREVIOUS CITY OF ORLEANS

ZONING ORDINANCE ADOPTED SEPTEMBER 2005

AND AMENDMENTS THERETO

ZONING REGULATIONS

FOR THE INCORPORATED CITY OF ORLEANS, IOWA

AN ORDINANCE to regulate and restrict the location and use of buildings, structures, and land for commercial, industrial, civic, residential, conservation and other purposes; to regulate and restrict the height of buildings and structures, the number and size of buildings and other structures; to establish the size of yards and other open spaces; to establish minimum lot areas; to regulate the density of population and the percentage of lot that may be occupied; to require off-street parking; to regulate location, size and number of signs; to divide the city into districts for such purposes; to provide for the administration and enforcement of its provisions; to confirm the existing Planning and Zoning Commission and Board of Adjustment; to prescribe penalties for the violation of its provisions, all in accordance with Chapter 414, Code of Iowa.

WHEREAS, the City Council of Orleans, Iowa deems it necessary to preserve and protect area lakes, wetlands, waterways and natural lands; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of the population; to facilitate the adequate provision of transportation, water, sewer, recreational open space, and other public requirements; to conserve the value of property and buildings; to prevent and to lessen congestion in the streets and highways; to secure safety from fire, flood, and other dangers; to protect the public health and general welfare; to control land use in a way that will minimize the number of conflicting land uses while preserving the separate character of development areas; to recognize the community’s economic development potential; and encourage the most appropriate use of land throughout the city, all in accordance with the City of Orleans Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORLEANS, IOWA:

The Orleans Zoning Ordinance was reviewed and updated by the Orleans Planning and Zoning Commission. In accordance with Section 380.7 subsection 3 of the Code of Iowa, the following is an accurate and complete synopsis or summary of the essential elements of the updated ordinance. As proposed within the adopted Orleans Zoning Ordinance the following articles contain new and revised sections and deletions of text from the previous ordinance.

ARTICLE 1: BASIC PROVISIONS

ARTICLE 2: DEFINITIONS

ARTICLE 3: Zoning Districts Established

ARTICLE 4: AGRICULTURE DISTRICT (AG)

ARTICLE 5: CONSERVATION DISTRICT (CN)

ARTICLE 6: LAKESHORE RESIDENTIAL DISTRICT (R-1)

ARTICLE 7: GENERAL RESIDENTIAL DISTRICT (R-2)

ARTICLE 8: MOBILE & Manufactured Housing DISTRICT (MH)

ARTICLE 9: General COMMERCIAL DISTRICT (C)

ARTICLE 10: INDUSTRIAL DISTRICT (I)

ARTICLE 11: SITE PLANS

ARTICLE 12: Supplemental District REGULATIONS

ARTICLE 13: ADDITIONAL USE REGULATIONS

ARTICLE 14: OFF STREET PARKING

ARTICLE 15: SIGN REGULATIONS

ARTICLE 16: Nonconforming Buildings and Uses

ARTICLE 17: Zoning ENFORCEMENT

ARTICLE 18: VIOLATION AND PENALTY

ARTICLE 19: PLANNING AND ZONING COMMISSION

ARTICLE 20: BOARD OF ADJUSTMENT

ARTICLE 21: Variances

ARTICLE 22: Conditional Uses

ARTICLE 23: CHANGES AND AMENDMENTS

ARTICLE 24: EFFECTIVE DATE

Furthermore, in accordance with Chapters 380.6 and 380.7 subsection 3 of the Code of Iowa, the following is a summary of the significant changes made to the Orleans Zoning Ordinance. This summary sets forth the main points of the ordinance in a clear and understandable manner intended to provide the public with the desired conduct required by this ordinance.

Written summary of significant changes to the 2017 Orleans Zoning Ordinance

Article I – Basic Provisions

• New Section 1.3 – Jurisdiction

• Section 1.6 – Conflict with Other Laws – new first sentence

• New Section 1.7 – General Purpose

• New Section 1.8 – Comprehensive Plan Relationship

Article II – Definitions

• Section 2.1 - several new definitions added to this section and many existing definitions modified.

• Section 2.2 – created new section titled “Specific Land Use Definitions” of which several new definitions were added to this section.

Article III – Zoning Districts Established

• Section 3.1 Zoning Districts – No new zoning districts were added to the city’s zoning ordinance. The PUD – Planned Unit Development zoning district was removed from the city’s ordinance.

• Section 3.2 – Boundaries and Official Map – new first paragraph except for the first two sentences.

• New Section 3.3 Interpretation of District Boundaries

• New Section 3.4 Road of Public Right-of-Way Vacation

• New Section 3.5. Zoning of Annexed Land

• Section 3.6. General Regulations – new parts 6,7 & 9

Article 4 through Article 10 – Agriculture District (A-1), Lakeshore Residential District (R-1), General Residential District (R-2), Mobile & Manufactured Housing District (MH), General Commercial District (C), Industrial District (I)

• In each of the defined zoning districts mentioned above, the following are examples of changes made in each district.

• new section on “Intent” in each district

• new and revised permitted uses

• new and revised conditional uses

• new accessory uses

• minor changes or corrections to site development regulations (setbacks) in some districts

• A “Quick Reference Guide” showing all yard setbacks, lot width, and building height permitted in each zoning district was added at the end of Article 11

Article 11 Site Plans

• Section 11.1 Intent – all new language except for the first sentence

• Section 11.4 Site Plans – changes and updates to the information required on a site plan

Article 12 General Regulations

• Section 12.2 Lot of Record – new section except for first sentence

• New Section 12.5 Relocated Residential Dwellings & Buildings

• Section 12.6 Yard Regulations – New parts 3 and 7

• Section 12.8 Steps, Decks, Patios & Other Concrete Structures

• Decks – new section except for first sentence

• Patios – new last sentence

• Sidewalks – new last sentence

• Driveways – new section

• Section 12.9 Fences, Hedges, Walls and Retaining Walls – New parts 3, 4, 5, 7, 8, 10 & 11

• Section 12.12 Block Frontage Continuity – rewrote the entire section

Article 13 Additional Use Regulations

• Section 13.2 Accessory Buildings – New parts 3, 6, 11, 16, 17, 18, 19, and 20

• New Section 13.3 Portable Accessory Buildings and Storage Structures

• Section 13.6 Recreational Vehicle Parking and Uses – new first paragraph and part 1

• New Section 13.7 Gas Stations/Service Stations/Convenience Stores

• Section 13.9 Residential Dwelling Standards – new part 9 pertaining to tiny houses

• Section 13.10 Condominium and Townhouse Regulations – new part 1

• Section 13.12 Architectural Standards – new 1st paragraph

• Section 13.13 Adult Entertainment Regulations – revised definition of adult entertainment business in Part 1.d.

• New Section 13.14 Wind Energy Devices

• New Section 13.15 Solar Collectors

• New Section 13.16 Communication Towers

Article 14 Off Street Parking

• Section 14.3 Off Street Parking Requirements – new and revised parking requirements for specified land uses.

• Section 14.6 Off Street Loading Requirements – replaced the existing section with new text

Article 15 Sign Regulations

• Section 15.2 Sign Definitions – added several new sign definitions

• Section 15.3 Sign Types – added several new sign types

• Section 15.5 Exempt Signs – new parts 1, 8, 9, 11 and 13

• Section 15.6 Sign Requirements – updated and added new text to the sign requirements per specific zoning districts

• Section 15.7 General Sign Regulations – new parts 1, 13 & 14

• New Section 15.9 Variances for Signs

• New Section 15.10 Nonconforming Signs

Removed previous Article titled “Buffers Required”

Removed previous Article titled “Open Space Requirements”

Article 16 Nonconforming Buildings and Uses

• Section 16.3 Nonconforming Uses of Land – new parts 1, 2 & 6

• Section 16.4 Nonconforming Buildings and Structures – new part 1 except for first sentence

Article 17 Zoning Enforcement

• Section 17.1 Zoning Administrator – new last 2 sentences

• Section 17.4 Application for Zoning Permit – replaced the existing section with new text

Article 18 Violation and Penalty

• Section 18.1 New and updated text pertaining to penalties included in this section

Article 19 Planning and Zoning Commission

• Section 19.3 Vacancies – replaced the existing section with new text

• Section 19.4 Proceeding of the Planning and Zoning Commission – new last two sentences

• New Section 19.5 Compensation

• Section 19.6 Powers and Duties – new parts 1, 2, 8, 9, 10, 11, 12 and 13

Board of Adjustment

• Section 20.1 Confirmation of the Board of Adjustment – new last sentences

• Section 20.4 Stay of Proceedings – new last sentence

• Section 20.5 Powers and Duties – new parts 4 and 5

• Section 20.7 Appeals from the Board of Adjustment – new last 3 sentences

New Article 21 Variances

• New Section 21.1 Intent

• Section 21.3 Procedures – new parts 1, 2, 4, 8 and 9

• New Section 21.6 Appealing a Variance Decision

Article 22 Conditional Uses

• Section 22.1 Requirements – new first four sentences

• Section 22.4 Procedures – new part 3 (last sentence) and part 5

• New Section 22.6 Conditional Use to run with the Land

Article 23 Changes and Amendments

• Section 23.2 Application for Rezoning or Text Amendment – new part 1.g.

• Section 23.3 Procedures – new 1st paragraph except 1st sentence and new 2nd paragraph except first sentence

Article 24 Effective Date

A complete copy of 2017 Orleans Zoning Ordinance in its entirety may be reviewed for public inspection in the Orleans City Hall at 13880 253rd Avenue, Orleans, Iowa 51360. Copies of the proposed zoning ordinance or portions thereof, are available for inspection at City Hall at the above listed address by appointment or by contacting the City Clerk for a copy.

Additionally, since the 2017 Orleans Zoning Ordinance has proposed changes to the provisions of imposing fines and penalties, in accordance with Section 380.7 subsection 3 of the Code of Iowa, the following is a narrative of the full text of the section that applies to such fines or penalties.

Section 18.1. Violation and Penalty.

Unless provided elsewhere in this ordinance or the city’s Code of Ordinances, any person, firm, corporation, or agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement any of the provisions of this ordinance or any amendment thereof; or who shall build or alter any building in violation of any detailed statement or approved plan with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor; or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction and punishable by civil penalty as provided herein (Code of Iowa, Sec. 331.307[3]). Each day that a violation continues to exist constitutes a separate violation.

A municipal infraction for a zoning violation in Orleans, Iowa is punishable under the following civil penalties: (Code of Iowa, Sec. 331.307[1])

First offense – no less than $250 and not to exceed $750.00, plus court costs

Second and repeat offenses – no less than $250 and not to exceed $1,000.00, plus court costs

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

JURISDICTION.

In accordance with the provisions of Chapter 414, Code of Iowa, and amendatory acts thereto; this ordinance is adopted by the City of Orleans, Iowa governing the zoning of all lands within the corporate limits of the city.

REPEAL AND SAVINGS CLAUSE.

Effective on the Effective Date of this ordinance, the previously adopted Zoning ordinance is repealed. The repeal of said ordinance shall not have the effect to release or relinquish any penalty, forfeiture or liability incurred under said ordinance or any part thereof. Such ordinance and all parts thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.

VALIDITY AND SEVERABILITY CLAUSE.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such ruling shall not affect any other provisions of this ordinance not specifically included in said ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this ordinance to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building or structure not specifically included in said ruling.

CONFLICT WITH OTHER LAWS.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements. Where any condition imposed by any provision of this ordinance upon the use of any lot, building or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this ordinance or by the provision of an ordinance adopted under any other law, or by provision of any Statute, the provision which is more restrictive or which imposes a higher standard or requirement shall apply. This ordinance is not intended to abrogate or annul any easement, covenant or other private agreement provided that where any provision of this ordinance is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this ordinance shall govern.

EFFECTIVE DATE.

This ordinance shall be in full force and effect from and after its adoption and publication as required by law and as provided for in Chapter 380.6 and 380.7 of the Code of Iowa.

(Code of Iowa, Sec. 380.6[1]; Sec. 380.7[3]; and Sec. 362.3)

ZONING ORDINANCE OF THE CITY OF ORLEANS, IOWA

Passed and approved by resolution of the first consideration on November 14, 2016

Passed and approved by resolution of the second consideration on December 12, 2016

Passed and approved by resolution of the third and final consideration on January 9, 2017

Adopted on January 9, 2017

Published on February 1, 2017 /s/ Bill Maas_

Mayor, City of Orleans

Attest:

/s/ Vrenae DalyOrleans City Clerk

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PUBLIC NOTICE

The City of Milford proposes to sell by sealed bids the following described real estate, to-wit:

Lot 11, Block 9, in the Original Plat of North Milford, in the Incorporated City of Milford, Dickinson County, Iowa.

Public hearing on the proposal to sale shall be held on February 13, 2017 at 6:30 o’clock p.m. before the City Council at the Council Chambers in City Hall, Milford, Iowa, immediately following the hearing, the Council will open the sealed bids and will consider a resolution to sell the property to the highest bidder. Final approval will be given on February 13, 2017.

The terms of the proposal sale are as follows:

1. The minimum bid for the above described real estate shall not be less than Two Thousand Five Hundred Dollars ($2,500.00). Bidding shall be by sealed bids.

The building will be sold “as is”. The purchaser shall agree to rehabilitate the store front within six months of the purchase of the property to be approved by the zoning administrator. The purchaser shall agree to have an operable business in accordance with zoning regulations for a Business Commercial District within 18 months of the purchase of the property. The purchaser shall take said property subject to all future taxes and special assessments. The Purchasers shall pay for all attorney fees, closing costs and recording fees for the transfer of this property. The City will not provide an abstract for this property. The conveyance will be by quit claim deed with right of reverter if the foregoing conditions are not met. The City shall have the right to reject any and all bids.

2. The real estate will be open for inspection on the following dates:

Friday, February 3, 2017 from 12 noon to 1 p.m.

Saturday, February 4, 2017 from 9 a.m. to 10 a.m.

Monday, February 6, 2017 from 5 p.m. to 6 p.m.

3. The City will reserve any necessary easements for utility purposes.

The public is invited to attend and comment on the proposal.

Dated on this 24th day of January,2017.LeAnn Houge, City Clerk

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MILFORD CITY COUNCIL

REGULAR MEETING

JANUARY 23, 2017

6:30 PM

The Milford City Council met in regular session January 23, 2017 at 6:30 p.m. in the Community Center Board Room

Mayor Bill Reinsbach presided.

Members present: Jason Simpson, Don Olsen, Mary Kay Rolling, John Walters, and Bill Huse

Absent: None

Others present: None

Bill Reinsbach led the Pledge of Allegiance.

Motion by Olsen second by Huse to approve the agenda. Roll call vote. All voting aye. Motion carried.

Motion by Olsen second by Simpson to approve consent agenda. Roll call vote. All voting aye. Motion carried.

Items on the Consent Agenda were as follows:

• Minutes January 9, 2017 meeting

ACTIONS & DISCUSSION ITEMS

Okoboji Tourism-review annual report and Rebeccca Peters handed out a brochure, she and council reviewed the 2015-2016 annual report, upcoming events and activities Rebecca will be attending along several places advertising is sent. She asked for continued support and suggested we give half of the hotel/motel revenue. Council thanked Rebecca for coming.

Resolution funding the Natural Resources and Outdoor Recreational Trust Fund

Motion by Olsen, second by Huse to approve Resolution funding the Natural Recourses and Outdoor Recreational Trust Fund. The resolution encourages the Iowa Legislature to develop and pass legislation that funds the trust via 3/8th of a percent sales tax increase in 2017. Roll call vote. All voting aye. Motion carried.

Waste Management discuss options for cleanup days- Jay Nieson

Discussion was tabled again because Mr. Nieson had a couple of unforeseen circumstances come up that he couldn’t attend the meeting.

Resolution of intention to dispose of city owned property

Motion by Olsen, second by Rolling to approve Resolution 17-06 Intension to dispose of city owned property. Roll call vote. All voting aye. Motion carried. The public hearing will be February 13, 2017 at 6:30 p.m.

Discuss adding city logo to Quasquicentennial cookbook

City Administrator Houge let council know she had been approached by Lynnette Cook who is on the souvenir committee about putting our city logo in the Quasquicentennial cookbook. Also that 80% of the revenue goes back to the Quasquicentennial Fund. Houge suggested doing a ¼ page ad for $25.00 paid from Hotel/Motel tax revenue. Motion by Olsen, second by Huse. Roll call vote. All voting aye. Motion carried.

Discussion on current street light budget and replacing bases to the downtown lights on Hwy 71

City Administrator Houge informed council she had met with the Building & Equipment Committee and Public Works Director Kent Eilers last week about replacing the bases on the street lights along Hwy 71. A majority of them are cracked and sections missing. Electrical wires and dampeners continue to show after Milford Municipal Utilities has tried to fix the issue and it could be a safety issue. Motion by Olsen, second by Rolling to have Kent Eilers work with the distributer to replace bases. Roll call vote. All voting aye. Motion carried.

Discuss Local 554 Union Contract

Discussion took place in regards to the tentative agreement negotiated with union representatives and Personnel Committee on Friday February 13th. Mayor Reinsbach addressed reducing the current 9 step plan to a 6 step as a result of union arbitration last year due to the fact the lower end of the pay scale is where the City of Milford does not compare to the rates with surrounding cities. Based upon the recommendation of the Personnel Committee there was motion by Walters, second by Huse to approve a three year contract with Teamsters Local #554. Roll call vote. All voting aye. Motion carried

Resolution approving healthcare insurance for the City of Milford full-time employees

Motion by Simpson second by Olsen to approve Resolution 17-07: Approving healthcare insurance for the City of Milford full-time employees through Central States Health and Welfare Fund. Roll call vote: All voting aye. Motion carried.

COMMENTS BY MAYOR, COUNCIL AND STAFF

With no other discussion, motion to adjourn by Olsen second by Huse at 7:15 p.m. Motion carried.

Respectfully submitted,

_

Bill Reinsbach, MayorLeAnn Houge,

City Administrator/Clerk

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Arnolds Park/Okoboji Fire and Rescue Fire Board Meeting Minutes

January 4, 2017, 1800, Okoboji Fire station Meeting Room

The meeting was called to order at 6:10PM by President of the board Jerry Robinson with John Adams, Jerry Thielen, Chief Chris Yungbluth and Assistant Chief Jim Hentges present at the meeting. The Agenda was reviewed and no additions or corrections were made. The Consent agenda to include meeting minutes and bills was reviewed and a motion was made by Thielen to approve, seconded by Adams and unanimous approval.

NEW BUSINESS

The department received donations in the amount of 225.00 and appropriate thank you cards were signed and sent out. The call report was reviewed and the department has its regular meetings and trainings and responded to 7 fire responses (Including one major structure fire) and 13 EMS responses for a total of 20 Events for the month of December. Chief Yungbluth reviewed the response at 1306 Country Club Drive and stated he was very proud of his department’s response that night and felt with the advanced amount of fire upon arrival that the members did a good job getting the fire stopped. Upcoming events for the department were reviewed with board members. Chief Yungbluth presented the board members with appreciation items from the departments association.

The meeting was adjourned at 6:26PM with the next meeting to be held February 1st at 6:00PM at the Okoboji Fire Station meeting room.

Bills paid for December

Wal-mart-125.08

Engraving, Awards-70.12

Tiger Direct-70.16

Boonedocks-1475.00

Chris Yungbluth-2,500.00

Office of the Auditor of the State-100.00

Andy Yungbluth-247.00

Bomgaars-175.45

Heiman Fire Equipment-475.40

Lakes Regional Healthcare-299.00

Machovec-179.55

Midwest Breathing-152.60

Performance Car and Truck-1,350.00

Verizon Wireless-40.01

Winther, Stave and Company-1,173.51

Attest:

Chris Yungbluth

Fire Chief

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ARNOLDS PARK BOARD OF ADJUSTMENT

PUBLIC HEARING NOTICE ON THE

CONSIDERATION OF A VARIANCE REQUEST

Pursuant to the Requirements of Section 165.24.6 of the Arnolds Park Zoning Ordinance the Board of Adjustment will conduct a public hearing on Monday, February 13, 2017 at 5:30 p.m. at the Arnolds Park City Hall. The hearing is for property owned by Kent & Jill Godbersen, 53 Prairie Lane, Arnolds Park, Iowa 51331. The property is legally described as Lot 19 Exc Pillsbury Point Park & Adj Lakeshore Parcel “A”, Arnolds Park, Dickinson County, Iowa. The purpose of the hearing is to hear a request for a variance from the requirements of Section 165.06.5 Site Development Regulations in an R-1 Single Family Residential District. CMBA Architects on behalf of Kent & Jill Godbersen are requesting a variance for an inadequate line of sight. Written comments are accepted and should be addressed to Wanda Thielen, City Clerk. For additional information, or to make arrangements for disabled or non-English speaking individuals, please contact City Hall at 712-332-2341.

Ron Knutson, Chair

Zoning Board of Adjustment

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PUBLIC HEARING NOTICE

Public notice is hereby given that the Board of Adjustment for the City of Okoboji, Iowa will conduct a public hearing on February 8th, 2017 at 5:30 P.M. in the Okoboji City Hall to consider a variance request by Mike Hoien with Hoien Construction Services, LLC on behalf of Mr. Mark Peterson owner of record of N 80’ of S 225’ of Lot 7, Replat Lot BW subdivision in the City of Okoboji, Iowa commonly known as 7107 Lakeshore Drive.

Mr. Peterson is requesting a variance to expand upon an existing legal nonconforming building in the city’s R-3 Lakeshore Residential district. Specifically, the variance is to allow for the construction of a new roof on the property that will entail raising it by 24 inches. The construction will involve removing an existing chimney chase from the structure. The proposed construction represents an expansion of an existing nonconforming use, as stated in Section 14.3 of the Okoboji Zoning Ordinance.

The initial zoning permit request proposes construction that will be an expansion of a legal nonconforming dwelling, as defined in Article XIV of the Zoning Ordinance of the City of Okoboji, Iowa thus precluding Mr. Peterson from obtaining a construction permit.

Any party of interest may appear in person or by legal counsel to express their views either in support of or against the granting of the variance. Written comments shall be delivered to the office of the City Clerk not later than 4:00 P.M. on the above date.

Jason Peters

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This is a request to have the notice entitled “Public Notice of Intent to Consider Issuance of Section 401 Water Quality Certification” (see below) published one time in your newspaper, as soon as possible. This request is for a plain, standard legal notice printing. The extra cost associated with any larger or bolder printing shall be the sole responsibility of the newspaper should they choose to print the notice that way.

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City of Spirit Lake

Regular City Council Meeting 5:30 p.m.

Tuesday, January 24, 2017

City Council Chambers

Present: Mayor Andera, Councilmembers Bice, Fisher, Harbst, Chappas and Farmer.

Meeting called to order by Mayor Andera.

The pledge of allegiance to the flag was recited by those present.

MINUTES

Motion by Bice seconded by Farmer to approve the minutes of the January 10, 2017 regular council meeting. Motion carried unanimously.

BILLS

Motion by Bice seconded by Farmer to approve the bill list for the month of January, 2017. Motion carried unanimously.

3 D BUILDERS

1/3 OF CHILDREN’S AREA WORK

$6,747.84

A-1 TECH SOLUTIONS

MOVE PHONE PANELS- $370.25

AMERICA’S TEST KITCHEN

COOKBOOK- $29.90

AMERICAN FAMILY LIFE ASSURANCE-AFLAC ACCIDENT- $1,061.77

OFFICE OF AUDITOR OF STATE

AUDIT FILING FEE- $625.00

BAKER & TAYLOR, INC.

BOOKS- $739.05

BOB’S REPAIR & TOW

REPAIRS-DEC- $870.99

BOMGAARS SUPPLY INC

WRENCH, MAILBOX, NUMBERS

$1,231.93

CAMPUS CLEANERS & LAUNDERERS -MATS- $67.50

CENTER POINT LARGE PRINT

LARGE PRINT BOOKS- $218.70

CENTURY LINK-PHONE- $183.16

CERTIFIED LABORATORIES

CERTOP- $974.40

CITIBUSINESS CARD

MISC SUPPLIES- $1,533.18

CUSTOM WELDING & REPAIR

CYLINDER REPAIR- $109.74

JOSEPH WITTROCK

MOWER MAINT- $387.72

DATA TECHNOLOGIES INC

W-2’S/1099’S- $118.19

CINDY DAVIS

PLASTIC TUBS/STORAGE- $126.08

DEMCO-CD HUB LABELS- $82.71

DICKINSON CO AUDITOR

FRANCIS SITES ENG PREP 50%- $1,618.75

DICKINSON CO CONSERV. BOARD

TV’S- $523.00

DICKINSON CO ISU EXTENSION

BOOKS- $35.00

EFTPS-FED/FICA TAX- $20,080.35

EMC NATIONAL LIFE

POLICE LIFE INS FEB- $229.50

FAREWAY STORES, INC.

COFFEE, BANDAIDS, CLEANERS

$51.67

FIVE STAR CATERING INC

EMPLOYEE RECOGNITION DINNER- $1,311.00

GALE GROUP

LARGE PRINT BOOKS- $73.77

GALEN’S PRO-MOW

WEEDEATER CARB REPAIR-$31.95

H.E.A.T. TACTICAL TEAM

TRANSFER ‘16 ICAP GRANT FUNDS - $1,000.00

HAWKINS, INC-

CHEMICALS- $2,382.10

HD SUPPLY WATERWORKS LTD

CLAMPS- $157.93

IA LAKES ELECTRIC CO-OP

UTILITIES- $1,849.29

IA ONE CALL-LOCATES- $21.90

CLYDE IHRKE

HBA MEETING- $8.34

IMFOA

DUES-OWENS, VIPOND- $165.00

ING LIFE INS. & ANNUITY CO.

ING DEF COMP- $200.00

INGRAM LIBRARY SERVICES

CHILDREN’S BOOKS- $131.52

IOWA LAKES REGIONAL WATER

UTILITIES- $54.59

IOWA PUMP WORKS INC

FAIRBANKS MORSE MAINT-

$3,800.29

IPERS

IPERS- PROTECTN- $24,410.03

JUNIOR LIBRARY GUILD

CHILDREN’S BOOK- $12.00

KAPCO, INC-SHIPPING- $18.02

LAKES PRINTING

ENVELOPES- $262.22

LAKES REGIONAL HEALTHCARE

RANDOM DRUG/ALCOHOL TEST

$116.00

MARCO-COPIES- $109.62

MARTIN’S FLAG CO

FLAGS- $1,626.64

MATHESON TRI-GAS, INC

SCULPTURE- $4,142.89

MAXYIELD COOPERATIVE

GENERATOR FUEL- $1,040.00

MEDIACOM LLC

INTERNET- $219.90

MEDICAL REIMBURSEMENT

MEDICAL REIMBURSEMENT

$27.21

MR DRAIN MAN LLC

UNCLOG DRAIN- $90.00

MUESKE ELECTRIC INC.

REPAIR ST LIGHTS- $695.32

MARLYS NICHOLS

CLOTHING ALLOWANCE- $150.00

OKOBOJI MOTOR COMPANY

OIL CHANGE DIERS- $70.37

PETTY CASH - LIBRARY

POSTAGE- $85.90

PLIC - SBD GRAND ISLAND

LIFE INS FEB- $889.94

RECORDED BOOKS, LLC

DIGITAL MAGAZINES- $1,374.75

SECURE BENEFITS SYSTEMS

UNREIMB. MED- $1,535.14

SHAW’S OF OKOBOJI II, LLC

PAINT- $109.36

STATE BANK

SAFE DEP BOX 39 RENT (MINUTES) - $40.00

STATE HYGIENIC LAB

TESTING- $194.00

STATE OF IOWA - PR TAXES

STATE TAX- $7,867.00

STATE STEEL SUPPLY CO

SCULPTURE- $9,829.00

STOREY-KENWORTHY CO.

SUPPLIES- $193.30

TOM’S PLUMBING & HEATING LLC -REPAIR BATHROOM FAN- $332.36

TREASURER STATE OF IOWA

SALES TAX 1/1-1/15/17- $68.00

TUMBLEWEED PRESS

DIGITAL EBOOKS FOR KIDS- $699.00

UNITY POINT CLINIC-

DUES- $100.00

VERIZON WIRELESS

CELL PHONES- $995.15

VERNON LIBRARY SERVICES

DVD CASES (LOCKING)- $670.43

KRIS VIPOND

CLOTHING ALLOWANCE- $135.08

WADDELL & REED

W&R DEF COMP- $900.00

WAGE ASSIGNMENT - IA

WAGE ASSIGN IA- $481.20

WAGE ASSIGNMENT - MN

WAGE ASSIGN MN- $185.50

WALMART COMMUNITY/GEMB

TABLET- $190.79

WASTE MANAGEMENT OF WI-MN

LANDFILL CHARGES 1/1-1/15

$8,414.79

WELLMARK

BCBS-FAMILY/+- $31,077.13

WINDSTREAM-PHONE- $596.79

WINTHER, STAVE & CO.,LLP

FY16 FINAL AUDIT- $1,000.00

XEROX CORPORATION

COPIER CONTRACT- $199.28

ZEP SALES & SERVICE

ICE MELT- $323.94

TOTAL ACCOUNTS PAYABLE

$150,682.11

PAYROLL CHECKS

$54,845.94

PAID TOTAL *****

$205,528.05

LIQUOR LICENSE

Motion by Bice seconded by Farmer to approve a Class B wine permit and a Class C beer permit for Wilder Thyme Natural Foods. Motion carried unanimously.

FY16 AUDIT REPORT

Jeff Crew of Winther, Stave and Co, presented the FY16 Audit Report. Motion by Bice, seconded by Fisher to approve the FY16 Audit Report. Motion carried unanimously.

PROPOSITION TO AUTHORIZE THE ISSUANCE OF $2,230,000 WATER REVENUE CAPITAL LOAN NOTES

PUBLIC HEARING

The Mayor announced that this is the time and place to consider the issuance of $2,230,000 Water Revenue Capital Loan Notes. After receiving no oral or written comments, the Mayor closed the public hearing.

RESOLUTION NO. 2017-02

RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISTRIBUTION AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $2,230,000 WATER REVENUE CAPITAL LOAN NOTES

Farmer introduced and caused to be read Resolution No. 2017-02 and moved for its adoption, which was seconded by Harbst. Aye: Fisher, Bice, Harbst, Chappas, Farmer. Resolution duly adopted.

RESOLUTION NO. 2017-03

RESOLUTION APPROVING TAX ABATEMENT APPLICATIONS

Bice introduced and caused Resolution No. 2017-03 and moved for its adoption, which was seconded by Farmer. Aye: Fisher, Bice, Harbst, Chappas, Farmer. Resolution duly adopted.

ADJOURNMENT

Motion by Bice seconded by Chappas to adjourn the meeting. Motion carried unanimously.

CITY COUNCIL WORK SESSION

The Mayor opened the meeting at 5:45 P.M. immediately following the City Council meeting.

The Council heard funding requests from local area organizations.

ADJOURNMENT

Motion by Bice seconded by Farmer to adjourn the meeting. Motion carried unanimously.

Blain Andera, Mayor

Gregg L. Owens, City Administrator

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OFFICIAL NOTICE

CITY OF ARNOLDS PARK, IOWA

RESOLUTION NO. 42-16

RESOLUTION APPROVING AND ADOPTING A REVENUE PURPOSE STATEMENT FOR THE USE OR EXPENDITURE OF REVENUES FROM AN ELECTRIC SERVICE FRANCHISE FEE

WHEREAS, the City Council of the City of Arnolds Park, Iowa, has chosen to establish a utility franchise fee for Interstate Power and Light Company (Alliant Energy) for the distribution of electric energy within the city limits of the City; and

WHEREAS, pursuant to the provisions of Section 364.2, subsection (4)(f) of the Code of Iowa, the City shall prepare a Revenue Purpose Statement outlining the purposes for which the City shall use the franchise fee revenues that will be received if the proposed ordinance is adopted.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARNOLDS PARK, IOWA:

SECTION 1. That the Revenue Purpose Statement for the use or expenditure of electric franchise fee revenues for the City of Arnolds Park, Iowa is hereby approved and adopted as follows:

REVENUE PURPOSE STATEMENT

Pursuant to the provisions of Section 364.2 subsection (4)(f) of the Code of Iowa, the City of Arnolds Park hereby establishes the following purposes allowed under Iowa Code for which franchise fee revenues from its electric franchise may be used or expended:

a. Inspecting, supervising, and otherwise regulating each franchise approved by the City.

b. The repair, remediation, restoration, cleanup, replacement, and improvement of existing public improvements and other publicly owned property, buildings, and facilities.

c. Projects designed to prevent or mitigate future disasters as defined in Iowa Code Section 29c.2.

d. Energy conservation measures for low-income homeowners, low-income energy assistance programs, and weatherization programs.

e. Public safety including the equipping of fire, police, emergency services, sanitation, street, and civil defense departments.

f. The establishment, construction, reconstruction, repair, equipping, remodeling, and extension of public works, public utilities, and public transportation systems.

g. The construction, reconstruction, or repair of streets, highways, bridges, sidewalks, pedestrian underpasses and overpasses, street lighting fixtures, public grounds, and the acquisition of real estate needed for such purposes.

h. Property tax abatements, building permit fee abatements and abatement of other fees for property damaged by a disaster, as defined in Iowa Code Section No. 29C.2

i. Economic development activities and projects.

Section 2. That the City Clerk shall publish or post the Revenue Purpose Statement pursuant to Section 362.3 of the Iowa Code.

Section 3. That all resolutions or parts of resolutions in conflict herewith are repealed, and the same are hereby repealed to the extent of such conflict.

PASSED AND APPROVED by the City Council this 14th day of December, 2016.

/s/ Jim Hussong, Mayor

Attest: Wanda Thielen, City Clerk

Published in the Spirit Lake Dickinson County News on February 1, 2017.

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OFFICIAL NOTICE

CITY OF ARNOLDS PARK, IOWA

ELECTRIC FRANCHISE

ORDINANCE NO. 17-01

ARTICLE A. INTERSTATE POWER AND LIGHT COMPANY

AN ORDINANCE REPEALING ORDINANCE NO. 92-1 AND GRANTING TO INTERSTATE POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE TWENTY-FIVE YEAR FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE AN ELECTRIC SYSTEM IN THE CITY OF ARNOLDS PARK, IOWA AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND REQUIRING SAID COMPANY TO PAY A FRANCHISE FEE TO THE CITY.

BE IT ORDAINED BY THE City Council of the City of Arnolds Park, Dickinson County, Iowa, hereinafter referred to as the “City”:

11-5A-1: GRANT OF FRANCHISE

There is hereby granted to Interstate Power and Light Company, (hereinafter called “Company”) and to its successors and assigns, the right and non-exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and operate in the City of Arnolds Park, Iowa a system for the distribution of electric energy along, under, over and upon the streets, avenues, rights of way, alleys, public places or public grounds (excluding parks) to serve customers within the City, and to furnish and sell electric energy to the City and its inhabitants. The City Council reserves to itself the right to extend this franchise to specific areas or corridors within parks at the request of the Company. The Company is granted the right to exercise of powers of eminent domain. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this ordinance.

11-5A-2: PLACEMENT OF EQUIPMENT

The Company shall have the right to erect all necessary poles and to place thereon and attach thereto the necessary wires, guys, anchors, fixtures and accessories as well as to excavate and bury conduits or conductors and related equipment and appurtenances for the distribution of electric energy in and through the City, provided the same shall be placed in accord with this franchise and the City Code and regulations of the City of Arnolds Park regarding the placement, replacement, repair or construction of structures, facilities, accessories or other objects in the right of way by utilities and other users of the right of way, including ordinances which assign corridors or other placements to users of the right of way and requirements which may be adopted regarding separations of structures, facilities, accessories or other objects.

11-5A-3: STREETS

The City may require the Company for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street, avenue, right of way or alley, public places or grounds in accord with the ordinances of the City at the Company’s cost and expense in accordance with Iowa law, including Company’s Tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended, to construct, replace, repair, locate and relocate its existing facilities or equipment in, on, over or under any public street, avenue, right of way, alley, public places or grounds in the City in such a manner as the City may reasonably require, except the Company shall not be required to construct, replace, repair, locate and relocate existing facilities where Company facilities are located in private easements (whether titled in the Company or other entities) unless said private easement is upon land owned by the City.

If the City orders or requests the Company to relocate its existing facilities or equipment for any reason other than as specified above, or as the result of the initial request of a commercial or other non-public development, the Company shall receive payment for the cost of such relocation as a precondition to relocating its existing facilities or equipment.

The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous three (3) years.

The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section. The City shall also provide a reasonable alternative location for the Company’s facilities as part of its relocation request.

11-5A-4: EXCAVATIONS

In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of any conductor, conduit or other appurtenance or the erection of poles and wires or other appliances, the Company shall not unreasonably obstruct the use of the streets, avenues, alleys or public places. The Company in making any such excavations shall, if required by ordinance, obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues, alleys, or public places and shall provide the City Manager or City Manager’s designee or such other person as the City may designate with 24 hours’ notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining a permit, provided, however, that the Company shall apply for and obtain an excavation permit as soon as possible after commencing such emergency work.

The Company shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing any excavations. The Company shall comply with all city ordinances regarding paving cuts, placement of facilities and restoration of pavement and other public infrastructure. The Company shall replace the surface, restoring the condition as existed prior to the Company’s excavation, but shall not be required to improve or modify the public right of way unless said improvement is necessary to meet a SUDAS (Statewide Urban Design and Specifications) standard, a requirement of the Americans with Disabilities Act, or any other standard mandated by state or federal law, provided however, if any improvement is requested or required for aesthetic, cosmetic or similar purposes not mandated by state or federal law the City shall reimburse the Company the incremental cost of such improvements. The Company shall complete all repairs in a timely and prompt manner. Company agrees any replacement of road surface shall conform to current City ordinances regarding its depth and composition.

11-5A-5: VACATED PROPERTY

The City when vacating a street, avenue,