Legals - Week of 2.15.17

Tuesday, February 14, 2017

NOTICE OF DISPOSITION

TO:

January Carpenter

912 Okoboji Ave

Milford, IA 51351

Unit #628

Located at: 2612 Q Avenue, Milford, IA 51351

TO:

Mike Hansen

PO Box 158

Arnolds Park, IA 51331

Unit #631

Located at: 2612 Q Avenue, Milford, IA 51351

Please be advised that fifteen (15) days from this date, at 9:00 am

your personal contents in storage unit # 203 will be disposed

of pursuant to Iowa Law.

To arrange to retrieve your personal property, you must contact the

undersigned within fifteen (15) days of this notice.

Dated this February 08, 2017 at Spirit Lake, Iowa.

Right Size Storage

1601 Keokuk Ave

Spirit Lake, IA 51360

712-336-8400

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THE IOWA DISTRICT COURT, DICKINSON COUNTY

Probate No. ESPR014309

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

IN THE MATTER OF THE ESTATE OF PAMELA STINOGEL, Deceased.

To All Persons interested in the Estate of Pamela Stinogel, Deceased, who died on or about January 30, 2017:

You are hereby notified that on the 2nd day of February, 2017, the last will and testament of Pamela Stinogel, deceased, bearing date of October 18, 2010 was admitted to probate in the above named court and that Jack Stinogel 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 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 second publication of this notice of one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated this7th day of February, 2017.

Jack Stinogel

2103 25th Street South

St. Cloud, MN 56301

Lonnie B. Saunders

Attorney for Executor

SAUNDERS LAW OFFICE

P. O. Box E

Spirit Lake, IA 51360

Date of second publication

22nd day of February, 2017.

Probate Code Section 304

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IN THE IOWA JUVENILE COURT IN AND FOR DICKINSON COUNTY

No. JVJV003276

IN THE INTEREST OF
J.R.D.L., NOTICE OF TERMINATION

HEARING BY PUBLICATION

A Child.TO:ALL PUTATIVE FATHERS OF A CHILD BORN ON THE 16th DAY OF SEPTEMBER, 2013, IN SPENCER, IOWA:

You are notified that there is now on file in the office of the Clerk of the Iowa Juvenile Court for Dickinson County, a petition in case number JVJV003276, which prays for a termination of your parent-child relationship to a child born on the 16th day of September, 2013. For further details contact the clerk’s office. The Petitioners’ Attorney is Abby L. Walleck, MAAHS & WALLECK, 708 Lake Street, P.O. Box AK, Spirit Lake, IA 51360, and telephone number 712-336-1292.

You are notified that there will be a hearing on the petition to terminate parental rights before the Iowa Juvenile Court in and for Dickinson County, at the Courthouse in Spirit Lake, Iowa, at 11:00 a.m. on the 1st day of March, 2017.

CLERK OF THE ABOVE COURT

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OKOBOJI COMMUNITY SCHOOL

The Okoboji Community School Board of Education met for a Board Work Session on January 30, 2017 in the Conference Room of the District Administrative Office at 5:30 p.m. Members present: Dodge, Titterington, Hansen, Weaver, Nielsen; Secretary: Sporrer. Administrators: Abrahamson. Visitors: Kiley Miller, LeAnn Houge.

President Titterington called the meeting to order at 5:29 p.m. Nielsen/Hansen moved to approve the agenda as printed. All aye/carried.

Kiley Miller, from the Iowa Lakes Corridor Development Corporation, presented information housing, laborshed analysis and work force needs assessment.

Abrahamson updated the board on the District Leadership Team and Instructional Coaching. He also presented information on Iowa Postsecondary Readiness and a Drone Program at Okoboji.

Nielsen/Hansen moved to adjourn at 8:24 p.m. All aye/carried.

The next regular meeting will be February 13, 2017 in the Conference Room of the District Administrative Office at 5:30 p.m.

Katy Sporrer            Stacy Titterington

Board Secretary         President

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NOTICE OF PUBLIC HEARING AND LETTING

for

2017 Drainage District No. 22 Drainage Improvements Project

Public notice is hereby given that the Drainage District No. 22 Commissioners of Spirit Lake, in Dickinson County, Iowa, will meet at the Council Chambers in the City of Spirit Lake City Hall on Monday, February 27, 2017, at 12:00 P.M., at which time and place a hearing will be held on the proposed plans and specifications, form of contract and estimate of cost for the 2017 Drainage District No. 22 Drainage Improvements Project for said Drainage District. Sealed proposals will be received by the Commissioners of Drainage District No. 22 for the 2017 Drainage District No. 22 Drainage Improvements Project until 2:00 P.M. on Friday, February 24, 2017; at which time the bids will be publicly opened and read. Proposals will be acted on by the Drainage District No. 22 Commissioners at the aforementioned public hearing or at such later time and place as may then be fixed.

Work to Be Done:

Work to be completed generally consists of: approximately 1 LS Traffic Control; 3 CY of Modified Subbase; 42 L.F. of Storm Sewer, Trenched, Dual-Wall HDPE, 6”; 2,384 LF of Storm Sewer, Trenched, Dual-Wall HDPE, 10”; 315 LF of Storm Sewer, Trenchless, Certa-Lok Yelomine SDR 21, 6”; 28 L.F. of Removal of Storm Sewer, Tile, < 18”; 6 EA Storm Sewer Cleanouts; 4 EA Field Tile Connection, ≤ 10”; 4 EA Field Tile Repair, ≤ 18”; 1 EA of Field Tile Exploration and Field Verification; 38 SY of Removal of Recreational Trail; 38 SY of Recreational Trail, P.C. Concrete, 5”; 0.06 Acres of Conventional Seeding, Seeding, Fertilizing and Hydro-Mulching; 50 LF of Filter Sock, 8”; 8 Ton of Rip Rap, Erosion Stone; 300 LF of Silt Fence; 2 EA of Inlet Protection Device; 1 LS Mobilization and other related items of work.

See Bid Form for exact quantities.

Proposals: All proposals shall be made on official proposal forms furnished by the Engineer and shall contain worded and figured prices for the work bid on. All proposals shall be plainly legible, sealed, and addressed to Drainage District No. 22 Commissioners, City of Spirit Lake City Hall, 1803 Hill Avenue, Spirit Lake, IA 51360. Bidder shall submit a Bidder Status Form with their bid. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed unresponsive and rejected. A certified check or a bid bond of a reputable bonding company authorized to do business in the State of Iowa in an amount not less than ten percent (10%) of the total amount of the bid shall be included in a separate sealed envelope, plainly marked “bid bond”. The bid guarantee shall be forfeited as liquidated damages if the successful bidder fails proper execution.

The checks or bid bonds of the lowest two or more bidders may be held for the earlier of 7 days after the effective date of the agreement or 61 days after the bid opening, whereupon Bid Security furnished by such bidders will be returned. Other checks or bid bonds will be returned after the tabulation of bids is completed.

Performance and Payment Bonds: The successful bidder must execute performance and payment bonds, each in an amount equal to one hundred (100%) percent of the contract amount to ensure a timely, efficient, and complete performance. The bonds shall be issued from a reputable bonding company authorized to do business in the State of Iowa.

Liquidated Damages: Liquidated damages will be assessed the contractor in the amount of five hundred dollars ($500.00) per working day that the work remains uncompleted after the end of the contract period with due allowances for extensions due to conditions beyond the control of the contractor.

Withdrawal of Bids: No submitted bids may be withdrawn for a period of thirty (30) days from the scheduled closing time for the receipt of bids.

Payment: The Contractor will be paid monthly in an amount equal to ninety-five percent (95%) of the Work completed during the previous month according to the Engineer’s estimate. The final payment will be made not less than thirty (30) days after completion of the Work and acceptance by the Drainage District Commissioners. No final payment will be due until the Contractor has certified that the materials, labor, and services have been paid for in accordance with the Project Manual.

Plans, Specifications, and Contract Documents: Complete digital project bidding documents are available at www.questcdn.com. You may download the digital plan documents at no charge by inputting Quest project #4836266 on the website’s Project Search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. An optional paper set of the proposal forms and specifications for individual use may be obtained from the office of the Engineer, Beck Engineering, Inc. 3301 Zenith Ave, PO Box 238, Spirit Lake, Iowa 51360. A refundable deposit of $100.00 is required for the documents. Deposit will be returned if plans and project manual are returned in good condition within 14 days after public hearing date.

Acceptance or Rejection of Bids: The right to accept or reject any or all bids and to waive informalities is reserved.

Time Frame:

All work shall be completed by May 12, 2017

By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa and to Iowa domestic labor to the extent lawfully required under Iowa statutes, providing that the award of the contract will be made to the lowest responsible bidder submitting the lowest acceptable bid, which shall be given without regard to state or local law whereby preference is given on factors other than the amount of the bid.

Drainage District No. 22

By: /s/ Blain Andera

Mayor

ATTEST:

By: /s/ Gregg Owens

City Administrator

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Terril City Council Meeting

February 6, 2017

Terril, IA 51364

The Terril City Council met in regular session on February 6, 2017 at 6:00 PM at Terril City Hall. The meeting was called to order at 6:00 P.M. by Mayor Darrell Woods Jr. The following councilpersons were present: Jeri Nissen, Ron Soat, Ken Trojahn. Absent: Brian Brawner, Julie Thiesen. Others present: Mark Lair II, Jan Torkelson, Tim Matthews, Scot Matthews, and Dana Loring.

Unless otherwise indicated, all of the motions offered at this meeting were carried with the following vote:  Ayes: Nissen, Soat, Trojahn. Nays: None.  Abstentions: None

Motion by Nissen and seconded by Soat to approve the agenda. Motion Carried.

Motion by Soat and seconded by Trojahn to authorize Terril Library to proceed with automating the library at a cost of approximately $1500 for software, and annual software support of approximately $795, plus labor. Motion carried.

Motion by Nissen and seconded by Trojahn to approve the minutes of the January 9, 2017 meeting as presented. Motion carried.

Motion by Trojahn and seconded by Soat to approve the claims of the city as presented. Motion Carried.

Motion by Nissen and seconded by Trojahn to approve the Treasurer’s Report. Motion carried. January receipts totaled $32,592.73 and January disbursements totaled $35,052.49.

Motion carried.

Motion by Nissen and seconded by Soat to approve Resolution 2017-03, Funds Transfer Resolution. Motion Carried.

The Council discussed and prepared the 2018 Budget and will hold a Public Budget Hearing on March 6, 2017 at 6:00 P.M. at the Terril City Hall.

Motion by Soat and seconded by Nissen to approve inclusion in the FY 2018 Budget the following funding: Terril Fire Department - $1000, Terril First Responders - $500, and DCEM and DCEMSA. Motion Carried.

Motion by Nissen and seconded by Trojahn to increase part-time garbage collector and part-time outside street employee wages to $11.98 hour effective July 1, 2017, and set annual wage for Tim Matthews at $48,210.92 effective July 1, 2017, set annual wage for Dana Loring at $16,917.50 effective July 1, 2017, set annual wage for Rebekah Schnelle at $ 8,111.25 effective July 1, 2017 and set annual wage for Heather Wrigley at $ 3,263.04 effective July 1, 2017. Motion Carried.

The Council discussed and prepared the 2018 Budget and will hold a Public Budget Hearing on March 6, 2017 at 6:00 P.M. at the Terril City Hall.

The March regular meeting will be held Monday, March 6, 2017 at 6 PM at Terril City Hall.

Motion by Trojahn and seconded by Nissen to adjourn. Motion carried. The meeting was adjourned.

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Dana Loring, City ClerkDarrell Woods Jr., Mayor

Vendor-Description-Amount

Tim Matthews

Net Wages - January 1 - 15-1,352.04

Brian Brawner

Net 4th Qtr Council Fees-55.41

Jeri Nissen

Net 4th Qtr Council Fees-55.56

Ron Soat

Net 4th Qtr Council Fees-55.41

Julie Thiesen

Net 4th Qtr Council Fees-55.56

Ken Trojahn

Net 4th Qtr Council Fees-55.41

Dennis Hildreth

Net Wages - January-281.35

Dana Loring

Net Wages - January-625.58

Scot Matthews

Net Wages - January-1,353.04

Tim Matthews

Net Wages - January 16- 31-1,352.04

Rebekah Schnelle

Net Wages - January-566.99

Darrell Woods Jr.

Net Wages - January-138.52

Heather Wrigley

Net Wages - January-220.09

Collection Services Center

SM Ch Sup-60.00

941 Employers Federal Tax

January FICA & Federal Withholding

2,414.95

IPERS-January IPERS-1,277.20

ACCO

Chlorinating Concentrate-361.70

Alliant Utilities-Service-1,792.81

Baker & Taylor Books

Library Books

244.79

Black Hills Energy

Water Plant /Fire Station/Library

452.24

CenturyLink

Long Distance Service

30.49

Data Technologies

Util Billing Install/Training-1,587.50

Dickinson County Sheriff

January-833.33

Entertainment

Library Subscription 2 yr-35.00

Gerry’s Electric-

Library Furnace Repair-251.99

IMFOA-Dues-50.00

ILEC-Lagoon Service-29.90

Iowa One Call-Locates-11.70

Johnson Feed, Inc.

Coarse Solar Salt-4,120.05

Met, Inc.-Water Testing-78.00

Office of the Auditor of State

Periodic Exam Fee-900.00

T & C Tree Trimming

Tree Trimming-1,343.75

Caterpillar Financial Service

Payloader Lease #28-2,294.65

Data Technologies

UB onsite Travel Expenses-406.60

Dickinson County News

January Publications-71.60

ECCOG-January Landfill-774.35

Iowa Codification

Terril Code of Ordinances Downpayment-2,000.00

Iowa Dept of Natural Resources

NPDES Fee-85.00

Pro Coop-January Vehicle-606.40

Shamrock Recycling

January-444.52

Stein Law Office

1st Qtr Retainer-250.00

Terril Telephone Coop

City Hall/Water Plant/Library-159.44

Tim Matthews-Cell Phone-30.00

Total Expenses- $29,164.96

January Receipts

General - $8,967.57

LOT- $5,921.46

RUT- $3,387.29

TIF- $130.16

Water- $6,058.17

Sewer- $4,743.55

Garbage- $3,384.53

Total December Receipts- $32,592.73

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NOTICE OF PUBLIC HEARING

LET IT BE KNOWN that the Spirit Lake Board of Adjustment will meet on Monday, February 27, 2017 at 5:15 PM at the Spirit Lake City Hall Council Room. The tentative agenda for said meeting is as follows:

Consider a special use permit request from Karl Livermore for a flush, roof-mounted solar PV system at 901 38th Street, Spirit Lake, Dickinson County, Iowa.

The Board of Adjustment will review the special exception use requests at the place and time listed above. At the meeting, the Board of Adjustment will receive oral or written comments either in favor or in objection to the special exception use request.

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PUBLIC NOTICE OF STORM WATER DISCHARGE

Schmillen Construction, Inc. plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit #3 “Storm Water Discharge Associated With Industrial Activity From Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants, And Construction Sand And Gravel Facilities”.

The storm water discharge will be from concrete recycling located at Milford Twp, Sec #6 T98N R36W, Milford, IA, Dickinson County.

Storm water will be discharged from one point source and will be discharged to the following streams: unnamed tributary to Milford Creek.

Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 E. 9th Street, Des Moines, IA  50319-0034.  The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department.

Published in the Dickinson County News on February 15, 2017.

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PUBLIC NOTICE OF STORM WATER DISCHARGE

Schmillen Construction, Inc. plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit #3 “Storm Water Discharge Associated With Industrial Activity From Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants, And Construction Sand And Gravel Facilities”.

The storm water discharge will be from concrete recycling located at Lakeville Twp, Sec #8 T99N R37W, Montgomery, IA, Dickinson County.

Storm water will be discharged from one point source and will be discharged to the following streams: unnamed tributary to Little Sioux River.

Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 E. 9th Street, Des Moines, IA  50319-0034.  The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department.

Published in the Dickinson County News on February 15, 2017.

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MILFORD CITY COUNCIL

SPECIAL BUDGET MEETING

FEBRUARY 6, 2017

5:15 PM

The Milford City Council met in special session February 6, 2017 at 5:15p.m. in the East ˝ of Community Center.

Mayor Bill Reinsbach presided and called the meeting to order at 5:25.

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

Absent: Mary Kay Rolling

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 Walters to approve consent agenda. Roll call vote. All voting aye. Motion carried.

Items on the Consent Agenda were as follows:

• Minutes January 23, 2017 meeting

ACTIONS & DISCUSSION ITEMS

FY 2018 budget discussion

The council met is special session to go over preliminary FY2018 budget. City Administrator Houge explained she had previously met with department heads and members of the Building & Equipment Committee to review requests. She also met with the Fire Chief Jim Carpenter and Fire Board Trustees last Thursday to review fire department budget requests. Council proceeded to review both revenue and expense line items and make adjustments as needed. Council asked Houge to make some additional cuts on the road use portion of the budget and bring changes to regular council meeting on February 13, 2017. She was also directed to look into the amount the Dickinson County Trails Board is requesting for funding and the contract with RIDES. Council will continue budget discussion during next meeting.

COMMENTS BY MAYOR,

COUNCIL AND STAFF

With no other discussion, motion to adjourn by Olsen second by Huse at 8:59 p.m. Motion carried.

Respectfully submitted,

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Bill Reinsbach, Mayor LeAnn Houge,

City Administrator/Clerk

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PUBLIC HEARING NOTICE

The Planning and Zoning Commission for the City of Okoboji will conduct public hearing on February 28th, 2017 at 6:00 P.M. in the Okoboji City Hall to consider an application for a Conditional Use Permit submitted by Mr. William J. Davis on behalf of Mr. James Wilcox, owner of record of Lot 6, Block C of East Okoboji View Commercial Park subdivision in the City of Okoboji, Iowa commonly known as 1651 Exchange Street.

Mr. Davis is requesting a conditional use permit to change the use of the property from Limited Warehousing and Distribution to Bar. The property is currently zoned General Commercial (C-1) and under Article VIII, Section 8.3 a conditional use permit is required for the commercial use of the property as a Bar.

Any party of interest may appear at the hearing or by legal counsel to express their views either in support of or against the granting of the conditional use permit. Written comments shall be delivered or mailed to the office of the City Administrator not later than 4:00 P.M. on the above date.

Jason J. Peters

City Clerk/Administrator

Zoning Administrator

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ARNOLDS PARK, IA

SPECIAL SESSION

February 3, 201710:00 A.M.

COUNCIL PRESENT: Adams, Christensen, Richter, Watters, Mayor Hussong presided.

ABSENT: Jensen.

OTHERS PRESENT: Al Krueger, Ron Walker.

FUNDING REQUESTS FOR FY2017-2018: The Council reviewed the funding requests for the FY2017-2018. Motion approving the 28E Agreements and funding requests totaling $54,626 for FY2017-2018 as follows: SHIELD - $11,394, Water Quality Commission - $14,800, NWIPDC - $563, Dickinson Co. EMA - $3,826, RIDES - $3,375, Dickinson County Trails Board - $4,218, UDMO - $1,000, CAASA - $1,500, EMS - $1,000, Compass Pointe - $500, Chamber of Commerce – Fireworks - $1,050, Discovery House - $1,000, Lakes Art Center - $1,400, Trees Forever - $1,000, Iowa Great Lakes Corridor - $3,500, Blue Water Festival - $2,500, Meals on Wheels - $1,500, and Lakes Area Dog Park - $500. Richter/Adams. Ayes: Four. Nays: None. Absent: Jensen.

BUDGET FY2017-2018: The sewer utility account is not sustaining itself. Discussion was held regarding the shortfall in sewer utility and what can be done to correct the issue. Consensus of the Council to discuss further at the regular Council meeting on February 15, 2017.

Motion to adjourn: Richter/Adams. Ayes: Four. Nays: None. Absent: Jensen. Mayor Hussong declared the meeting adjourned at 10:41 a.m.

James Hussong, Mayor

Linda Nase, Deputy City Clerk

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NOTICE OF PUBLIC HEARING

LET IT BE KNOWN that the Spirit Lake Board of Adjustment will meet on Monday, February 27, 2017 at 5:15 PM at the Spirit Lake City Hall Council Room. The tentative agenda for said meeting is as follows:

Consider a variance request of 6.37 foot variance into the 20 foot rear yard setback at 128 Hill Avenue, Spirit Lake, Iowa. The legal description of the property is Lot 27, Exc Trts Auditor Plat 113, Spirit Lake, Dickinson County, Iowa.

The Board of Adjustment will review the variance request at the place and time listed above. At the meeting, the Board of Adjustment will receive oral or written comments either in favor or in objection to the variance request.

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