Legals - Week of 4.26.17

Tuesday, April 25, 2017

IN THE IOWA DISTRICT COURT FOR DICKINSON COUNTY

NATIONSTAR MORTGAGE LLC,

Plaintiff,

vs.

EDWARD J. LOCK,

SPOUSE OF EDWARD J. LOCK,

SHANE LOCK,

VICKI LOCK,

CAPITAL ONE BANK USA NA,

COMFORTEC HEATING COOLING & PLUMBING INC.,

AAA COLLECTIONS INC.,

IOWA DEPARTMENT OF REVENUE,

INTERNAL REVENUE SERVICE,

AND PARTIES IN POSSESSION,

AND

All Unknown claimants, and all Persons Unknown Claiming any Right, Title or Interest in and to the following described real estate situated in Dickinson County, Iowa, to wit:

The North one-fourth of Lot 6 and all of Lot 7, Block 30, Plat of the Original Town of Terril, in the Incorporated City of Terril, Dickinson County, Iowa,

AND

ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT, TITLE OR INTEREST AND ALL OF THEIR HEIRS, SPOUSES, ASSIGNS, GRANTEES, LEGATEES, DEVISEES AND ALL OF THE ABOVE NAMED DEFENDANTS,

Defendants.

CASE NO. EQCV027910

ORIGINAL NOTICE

TO THE ABOVE-NAMED DEFENDANT(S):

You are notified that a petition has been filed in the office of the clerk of this court, naming you as a defendant in this action, for foreclosure of the property legally described as: THE NORTH ONE-FOURTH OF LOT 6 AND ALL OF LOT 7, BLOCK 30, PLAT OF THE ORIGINAL TOWN OF TERRIL, IN THE INCORPORATED CITY OF TERRIL, DICKINSON COUNTY, IOWA (Mortgaged Premises) due to a default in making contractual payments on a promissory note; for judgment in rem against the mortgaged premises for the principal amount of $47,735.78 plus interest as provided in the Note and as may have been subsequently adjusted thereafter, fees, costs, and attorney’s fees, for a declaration of the sum due as a lien on the premises, a declaration that the mortgage is prior and superior to all of the other liens on the property, for a special execution to issue for sale of the Mortgaged Premises at sheriff’s sale, for the issuance of a writ of possession, for a appointment of a receiver upon plaintiff’s application, and for such further relief the Court deems just and equitable.

FOR FURTHER PARTICULARS SEE THE PETITION NOW CONTAINED IN THE COURT FILE

NOTICE

THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE.

IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGED DEBT AND COSTS.

IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE.

You are further notified that unless you serve and, within a reasonable time thereafter, file a motion or answer on or before 16th of May, 2017 in the Iowa District Court for Dickinson County, Iowa, at the Courthouse in Spirit Lake, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition.

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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Clerk of Court

Dickinson County Courthouse

Spirit Lake, Iowa

IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE

TO PROTECT YOUR INTERESTS.

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THE IOWA DISTRICT COURT, DICKINSON COUNTY

IN THE ESTATE OF NICKOLAS J. VOS, Deceased.

Probate No. ESPR014335

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

To All Persons Interested in the Estate of Nickolas J. Vos, Deceased, who died on or about March 7, 2017:

You are hereby notified that on the 11th day of April, 2017, the last will and testament of Nickolas J. Vos, deceased, bearing date of the 28th day of September, 1989 was admitted to probate in the above named court and that Gary J. Vos 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 or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated this 12th day of April, 2017.

Gary J. Vos

Executor of estate

229 Dam Road

Arnolds Park, IA 51331

Address

Michael J. Chozen

Attorney for executor

Michael J. Chozen & Associates

1003 18th Street

Spirit Lake, Iowa 51360

Date of second publication

26th day of April, 2017

Probate Code Section 304

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF ESTATE OF RANDY V. GATHERCOLE, Deceased.

PROBATE No. ESPRO14330

NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of RANDY V. GATHERCOLE, Deceased, who died on or about the March 7th, 2017:

You are hereby notified that on the 17th day of March 2017, the undersigned was appointed 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 of four months from 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 this 17th day of March, 2017.

Matthew Gathercole

Administrators of the Estate

PO BOX 193, Okoboji, Iowa 51355

Jennifer Bennett Finn, ICIS PIN: AT0008986

Attorney for the Administrator

Pelzer Law Office

113 N 6th Stree

Estherville, IA 51334

Date of second publication: 26th day of April, 2017.

Probate Code Section 230

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF ESTATE OF RODNEY C. WALDHELM, Deceased.

PROBATE No. ESPRO14319

NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of Rodney C. Waldhelm, Deceased, who died on or about the June 7th, 2016:

You are hereby notified that on the 22nd day of February 2017, the undersigned was appointed 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 of four months from 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 this 17th day of February, 2017.

Dawn Elizabeth (Mason) Waldhelm

Administrators of the Estate

4811 Westway Trail

Amarillo, TX 79109

Ben C.C. Meyer

Attorney for the Administrator

Alexander and Meyer Associates

101 N. 3rd St., PO Box 101

Laurens, IA 50554

Date of second publication:

3rd day of May, 2017.

Probate Code Section 230

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THE IOWA DISTRICT COURT DICKINSON COUNTY

Probate No. ESPR014336

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

IN THE ESTATE OF Wesley J Burgin, Deceased

To All Persons Interested in the Estate of Wesley J. Burgin, Deceased, who died on or about the April 6th, 2017:

You are hereby notified that on the 18th day of April, 2017, the last will and testament of Wesley J. Burgin deceased, bearing date of the 19th day of February, 2013, was admitted to probate in the above named court and that Mitch Burgin 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 19th day of April, 2017.

Mitch Burgin

Executor of Estate

1011 L Avenue

Milford, IA 51351

Donald J. Hemphill

Attorney for executor

Firm Name: Hemphill Law Office, PLC

215 Grand Ave

Spencer, IA 51301

Date of second publication:

3rd day of May, 2017.

Probate Code Section 304

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The Iowa West Walther League Summer Camp Association, d/b/a Camp Okoboji, will hold its Annual Meeting on Saturday, April 22, 2017, with meeting beginning at 11:00 a.m. in the Christian Life Center. Camp Okoboji is located on Emerson Bay of West Lake Okoboji. It is affiliated with The Lutheran Church-Missouri Synod. Camp Okoboji provides year-round programs for people of all ages. Camp Okoboji does not exclude anyone from participation in any program or activity at Camp on the grounds of race, sex, age, color, handicap, or national origin.

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OFFICIAL NOTICE

City of Wahpeton, Iowa

NOTICE OF PULIC HEARING ON PROPOSED REZONING CLASSIFICATION

TO THE RESIDENTS

AND CITIZENS

OF WAHPETON, IOWA:

The Wahpeton City Council is considering a request to change the zoning classification of the property described below from “LF” Lakefront Residential to “C” General Commercial in accordance with Subsection 3 of Section 165.19 of the Wahpeton Zoning Code, upon the application by the property owner, Randy J. Kempf:

Parcel “L”:

Those portions of Lots 17, 18, 19, 20 and 21 in Block “B” of the First Addition to Lakewood Park in the City of Wahpeton, Dickinson County, Iowa and of the former Lake Shore Drive abutting said Block “B”, described as follows:

Commencing at the southwesterly corner of said Lot 21 at the Northerly line of Lake Shore Drive; thence North 44º52.7’ East 113.64 feet along the southerly line of said Lot 21 to the point of beginning; thence North 48º36.2’ West 151.20 feet; thence North 23º35.9’ West 17.43 feet to the southerly line of said Lot 18 at a point North 66º24.6’ East 99.65 feet from the southwesterly corner of said Lot 18; thence continuing North 23º35.9’ West 132.37 feet to the northerly line of said Lot 17; thence North 59º44.8’ West 46.94 feet to the southwesterly margin of West Branch Waterway in said First Addition to Lakewood Park; thence South 81º33.1’ East 25.53 feet along said waterway; thence South 74º51.9’ East 42.59 feet along said waterway; thence South 60º08.7’ East 58.06 feet along said waterway; thence South 34º31.5’ East 48.04 feet along said waterway; thence South 35º43.6’ East 38.70 feet along said waterway; thence South 33º29.4’ East 35.66 feet along said waterway; thence South 50º16.1’ East 31.12 feet along said waterway; thence South 71º34.3’ East 13.73 feet along said waterway to the northeasterly prolongation of the southerly line of said Lot 21; thence South 44º52.7’ West 128.64 feet to the point of beginning, containing 0.78 acre, pursuant to a Plat of Survey by R. V. Bendixen dated August 3, 2006 and September 19, 2006 as Instrument No. 06-06194.

AND

PARCEL “N” described as Part of the vacated Lakeshore Drive adjoining Lot 17, Block B in the Plat of the First Addition to Lakewood Park, Wahpeton, Iowa described as follows: Commencing at the Northwest Comer of Lot 17, Block B of the plat of the First Addition to Wahpeton, Iowa; thence South 86038’48” West 75.36 feet along the South line of said Lot 17 to the Northwest Corner of Parcel “L” per Survey Book 13, Page 141, the Point of Beginning; thence North 23035’54” West 29.00 feet along the Northerly Projection of the Westerly Line of said Parcel “L” to the margin of the canal at the ordinary high water line elevation of West Okoboji Lake; thence South 86°47’23” East 52.24 feet along said canal margin to the Northerly line of said Parcel “L”; thence South 59°44’48” West 46.94 feet along the northerly line of said Parcel “L” to the Point of Beginning, containing 676 square feet, pursuant to Plat of Survey by James R. Blum dated September 28, 2006 and recorded October 24, 2006 as Instrument No. 06-07079.

The Council has set a public hearing on the proposed rezoning classification for its regular meeting on Monday, May 8, 2017 at 5:00 p.m. at the City Hall, Wahpeton, Iowa. All persons interested in the proposed rezoning classification are encouraged to attend this public hearing and to express their views in support of, or in opposition to the proposed rezoning classification.

This notice is published at the direction of the Wahpeton City Council.

Bonnie Tielbur

City Administrator/Clerk

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OFFICIAL NOTICE

City of Wahpeton

NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC WAY

TO THE RESIDENTS

AND CITIZENS

OF WAHPETON, IOWA:

The Wahpeton City Council is considering a request to vacate a portion of public walkway often referred to as the “Carriage Path” dedicated in the Second Plat of Manhattan Beach, Dickinson County, Iowa, which is adjacent to Connie N. Benson Living Trust, titleholder of Lot 10 and the North 25 feet of Lot 11 in the Second Plat of Manhattan Beach, Dickinson County, Iowa, and to convey the vacated property to the adjacent owner.

The Council has set a public hearing on the proposed vacation for its regular meeting on Monday, May 8, 2017 at 5:00 p.m. at the City Hall, Wahpeton, Iowa. All persons interested in the proposed vacation of public way are encouraged to attend this public hearing and to express their views in support of, or in opposition to the proposed vacation.

This notice is published at the direction of the Wahpeton City Council.

Bonnie Tielbur

City Administrator/Clerk

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OFFICIAL NOTICE

City of Wahpeton

NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC WAY

TO THE RESIDENTS

AND CITIZENS

OF WAHPETON, IOWA:

The Wahpeton City Council is considering a request to vacate a portion of public walkway often referred to as the “Carriage Path” dedicated in the Second Plat of Manhattan Beach, Dickinson County, Iowa, which is adjacent to Maurice C. Crawford, Jr., Trust and Mary Ellen Crawford Trust (“Crawford Trusts”) title holders of Lot 8, except the North 10 feet, Bolck C, in the Plat of Manhattan Beach, Dickinson County, Iowa, and to convey the vacated property to the adjacent owner.

The Council has set a public hearing on the proposed vacation for its regular meeting on Monday, May 8, 2017 at 5:00 p.m. at the City Hall, Wahpeton, Iowa. All persons interested in the proposed vacation of public way are encouraged to attend this public hearing and to express their views in support of, or in opposition to the proposed vacation.

This notice is published at the direction of the Wahpeton City Council.

Bonnie Tielbur

City Administrator/Clerk

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Board Meeting April 10, 2017

The Milford Municipal Utilities Board of Trustees met in regular session on Monday, April 10, 2017 at 6:15 P.M. in the Board Room. In attendance were Board Members Keith Wurtz, Mike Anderson, Wanda Nelson, Sue Prunty and Kevin Wharton; Manager Eric Stoll; Secretary Paula Nordblad; Utility Attorney Abby Walleck; and guests Brad Beck from Beck Engineering, Mayor Bill Reinsbach, Russ Beckendorf from MHR Insurance, and Logan Davids.

Chairman Wurtz called the meeting to order.

The agenda, minutes, financials and bills were approved as presented. The following bills were presented for payment:

Aflac-Employee Funded Benefit-524.36

Ahlers & Cooney, P.C.

Legal-6,967.00

Arnold Motor Supply

Warehouse, ranger shed, trk-240.41

Aspire-Employee Funded Benefits-195.00

Aspire-Employee Withholding-195.00

Aspire-Employee Withholding-195.00

Base-Employee Benefits-30.00

Base-Employee Funded Benefits-266.68

Base-Employee Funded Benefits-944.50

Base-Employee Funded Benefits-189.87

Black Hills Energy-Plant-178.75

Boji Welding and Services

Truck-60.00

Bolton & Menk, Inc.-

Engineering-5,277.55

Bomgaars-Light Plant-25.97

Campus Cleaners-Rugs-152.27

Card Service Center

Safety, truck, supplies-271.74

CC Screen Printing-Uniform-24.57

Centurylink Communications, LLC

Phone-359.65

City of Milford

CC Fee, Bldg, S/SS/G-50,083.17

City of West Okoboji

Refund Sales tax- 3,973.20

Collection Services Center

Employee Withholding-184.61

Collection Services Center

Employee Withholding-184.61

Crescent Electric Supply Company

Distribution, light plant-125.39

Crescent Electric Supply Company

Plant- 188.62

Dairyland Power Cooperative

Envelopes-491.29

Department of Energy

WAPA Power-29,424.01

DGR and Associates Company

Mapping-1,502.50

Dickinson County News

Publishing-107.85

Ditch Witch - IOWA, INC

Truck-2,917.87

Hach Company-Lab-1,537.36

Hawkins, Inc.-Chemicals-1,416.37

HD Supply Waterworks, LTD.

Inventory-897.28

Ia Assoc of Muni Utilities

EIA 861 report, Nassa, code book, conference-2,184.55

Internal Revenue Service

FICA 033117-5,673.94

Internal Revenue Service

FICA 031717-5,067.10

Internal Revenue Service

FICA 030317-5,261.23

Iowa Department of Revenue

Statewide Property Tax-26.08

Iowa Department of Revenue

Sales Tax-11,540.00

Iowa Lakes Elec Coop

Power-596.86

Iowa One Call-Locate-27.90

Iowa Utilities Board

2nd Qtr direct assessment-403.01

JAMES BRADLEY

CREDIT REFUNDS-74.98

Kriz - Davis Company

Inventory, tools-4,173.10

Law Offices of Deck & Deck LLP

Legal- 2,751.99

Maahs & Walleck-Legal-2,140.00

MaxYield Cooperative

Truck-872.19

MHR Insurance-Insurance-71,726.00

MidAmerican Energy-

Neal #4-17,000.00

Milford Well Service

Equipment Maintenance-827.00

MMU-Utilities-4,463.40

MMU - Investment Fund

Transfer-28,875.00

MMU - Investment Fund

Transfer-29,112.29

MMU-Medical Insurance Account

Transfer-511.40

Municipal Supply, Inc.

Handheld upgrade & inventory-

2,510.00

NIMECA-Disability-181.79

NIMECA-Power-88,733.26

NIMECA-MCR-12,013.31

NIMECA-Ferc fee-220.56

NIMECA-Employee Benefits-181.79

Pitney Bowes-Lease-152.34

Power Line Supply-Distribution-33.06

Principal Life

Employee Benefits-371.86

Professional Computer Systems

Hosting-767.00

R & D Industries, Inc.

UPS replacement- 3,466.09

R & D Industries, Inc.

Plant, Network switches-6,811.20

Reserve Account

Permit, fill meter, postage-1,587.30

Rice Repairs-Truck-752.21

State Hygienic Laboratory

Lab-212.00

State Hygienic Laboratory

Lab-212.00

Storey Kenworthy-Supplies-150.62

Stuart C. Irby Co.-Locator-684.80

Stuart C. Irby Co.

Inventory, locator, distribution, safety

2,502.11

Sunshine Foods-Supplies-67.47

True Value - Milford-Supplies-294.91

United Community Bank

Loan Payment-70,902.22

Verizon Wireless-Phone-141.39

Voltmanbatteries.com

Repairs-150.00

Wellmark-

Employee Benefits-14,474.79

Dub Davis

CREDIT REFUNDS-18.31

Attorney Walleck discussed the receipt of the proposed Iowa Department of Natural Resources Administrative Consent Order, her conversations with the IDNR, engineering firm on the project, email communication with the City Attorney and MMU staff regarding same and the changes made from the original proposal to the one presented for approval, and the IDNR rationale for the penalty assessed; specifically that the IDNR weighed the gravity of the situation with the self-reporting and that MMU was not the actual entity at fault but the party required by law to be fined. Further, it was discussed that if the Consent Order was approved, the engineering firm on the project had agreed to pay the fine. Based on the foregoing, it was Attorney Walleck’s recommendation to approve the same. Anderson/Nelson made a motion to approve the Consent Order, accept payment of the fine from the engineering firm and release the retainage to the City upon payment of the fine. Motion passed unanimously. Mayor Reinsbach requested to then speak on the matter and questioned why a copy of the proposed Consent Order was sent to Northwest Planning and Development. Manager Stoll addressed the concern by explaining that the same was done due to Northwest Planning and Development being involved with the H Avenue project. Reinsbach noted his frustrations with the entire situation and stated that he would be making the recommendation to the City Council that the City of Milford would not be paying for electric services until the City received the retainage from MMU. Mayor Reinsbach excused himself.

City Engineer Beck presented the City’s 5-year plan for street improvements. They include finishing H Avenue to 13th St, paving P Avenue in two phases, 13th Street and re-surfacing in the South Shores area. The two projects that would involve MMU are H Avenue in 2019 and 13th Street in 2023. They are trying to get these projects shovel ready to facilitate filing of grant applications. Beck suggested that if MMU does not have engineering design costs in the budget, they could apply for a low interest SRF loan. The Board tabled further discussion on the projects until staff has more time to look at plans and determine budget available for the same. Engineer Beck excused himself.

Russ Beckendorf presented the 2017 insurance renewal and explained additional coverage that the Board might want to consider which would cover catastrophic failure of the generators. Nelson/Prunty made a motion to approve the 2017 policy renewal. Manager Stoll recommended the additional catastrophic failure coverage. The Board tabled that coverage to review budget and give Board more time to review the coverage. Beckendorf excused himself.

Anderson/Wharton made a motion to apply unused electric loan proceeds of approximately $233,952 to the loan balance.

Anderson/Prunty made a motion to accept the bid from H & N to purchase a Chevrolet Silverado for $30,990. Motion passed unanimously. Nelson/Prunty made a motion to authorize the Manager to purchase the truck body with for a maximum cost for truck and body of $50,000. Motion passed unanimously. Davids excused himself.

Prunty/Nelson made a motion to approve Resolution 05-17, A Board of Trustees Resolution adopting a Revised Water Service Permit and Fee Schedule. Roll call vote was taken. Ayes – Wharton, Prunty, Nelson, Anderson, Wurtz. Nays – none.

Nelson/Prunty made a motion to go into closed session pursuant to Iowa Code Section 21.5(c) to discuss litigation issues. Roll call vote was taken. Ayes – Wharton, Prunty, Nelson, Anderson, Wurtz. Nays – none. Upon coming out of closed session, those present were. Attorney Walleck; Manager Stoll; Board members Wharton, Prunty, Nelson, Anderson, and Wurtz; and Secretary Nordblad.

Nelson/Prunty made a motion to approve Resolution 06-17, A Resolution of the Board of Trustees Approving the Settlement Agreement with Clay Regional Water d/b/a Iowa Lakes Regional Water. Roll call vote was taken. Ayes – Wharton, Prunty, Nelson, Anderson, Wurtz. Nays – none.

Anderson/Nelson made a motion to approve Resolution 07-17, A Resolution of the Board of Trustees Approving the Settlement Agreement with the City of Wahpeton. Roll call vote was taken. Ayes-Wharton, Prunty, Nelson, Anderson, Wurtz. Nays – none.

Nelson/Prunty made a motion to set the date for a Public Hearing on a budget amendment for Fiscal Year Ending June 30, 2017 for May 8, 2017. Motion passed unanimously.

Items discussed in the Manager’s Report:

• The staff is planning to have an educational booth at Florence Park on Friday night for the Quasquicentennial.

• The Manager has included information in the packet regarding rate increases for ILEC and Alliant. MMU residential rates are the cheapest in Dickinson County.

• Two water leaking lines have been fixed in Country Meadows area.

• The fire on Sunday night used approximately 250,000 gallons. There were reports that the water pressure dropped a little in the area.

• Staff has prepared a water rate review. Please review and we can discuss next month if there are any questions.

• The solar study is being performed currently.

The Board of Trustees adjourned the meeting. The next regular meeting of the Milford Municipal Utilities Board of Trustees will be May 8, 2017.

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Keith Wurtz, Chairman

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Paula Nordblad, Secretary

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REGULAR MEETING OF THE BOARD OF TRUSTEES OF

THE IOWA GREAT LAKES SANITARY DISTRICT

April 11, 2017 3:00 P.M.

DISTRICT OFFICE, MILFORD, IOWA

President Boettcher called the meeting to order at 3:00 p.m.; trustee Bailey, Hoppe, Rohlfsen and Senn were present.

The President declared this was the time and place for a public hearing on the matter of the adoption of plans, specifications, form or contract and estimated of cost of the construction of certain public improvements described in general as Project 2017-1, UV Disinfection System Retrofit, the President called for any oral objections to the adoption of the plans, specifications, form or contract and estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. The public hearing was closed.

Rohlfsen introduced Resolution 2017-07, RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR PROJECT 2017-1, UV DISINFECTION SYSTEM RETROFIT. Senn seconded the motion to adoption. The roll was taken and the vote was recorded as Ayes: Rohlfsen, Senn, Hoppe, Bailey, Boettcher; Nays: None. The President declared the resolution passed.

The Receipts of bids for Project 2017-1 Ultraviolet Disinfection System Retrofit were presented to the board. The engineer’s opinion of probable cost for the project was $400,000. Three bids were submitted and they are as follows:

Gridor Construction Inc. of Buffalo, MN - $396,800

Eriksen Construction of Blair, NE - $518,000

Grundman-Hicks, LLC of Cherokee, IA - $448,000

The engineers’ recommendation was to accept the bid from Gridor Construction Inc of Buffalo, MN.

Senn introduced Resolution 2017-08, RESOLUTION MAKING AWARD OF CONSTRUCTION CONTRACT WITH GRIDOR CONSTRUCTION INC. OF BUFFALO, MN AT THE AMOUNT OF $396,000. Rohlfsen second the motion of adoption. The roll was taken and the vote was recorded as Ayes: Ayes: Rohlfsen, Senn, Hoppe, Bailey, Boettcher; Nays: None. The President declared the resolution passed.

Trustees approved the Professional Services Agreement with HR Green for the Construction Phase of Project 2017-1 for a time and materials cost of $54,000 (Rohlfsen/Bailey); all aye.

Anderson explained the errors on the posted agenda and the reason for the meeting for tomorrow.

The meeting was adjourned Motion by (Senn/Rohlfsen).

ATTEST:
Robert H. Boettcher President Kae Hoppe, Clerk

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REGULAR MEETING OF THE BOARD OF TRUSTEES OF

THE IOWA GREAT LAKES SANITARY DISTRICT

April 11, 2017 2:00 P.M.

DISTRICT OFFICE, MILFORD, IOWA

President Boettcher called the meeting to order at 2:00 p.m.; trustee Hoppe, Rohlfsen and Senn were present. Others present Mike Kidd, Robert Peters, Clay Norris, Pam Jordan, Paul Johnson, and Bill Leupold. Mike Roth was on the conference phone.

Roth presented the information from the Center Lake Sewer Extension Study.

Rohlfsen introduced Resolution 2017-09 RESOLUTION ANNEXING CERTAIN PROPERTIES TO THE IOWA GREAT LAKES SANITARY DISTRICT, for two lots for William Albertsen and moved its adoption, motion was seconded by Senn. The roll was taken and recorded as follows, Ayes: Rohlfsen, Senn, Hoppe, Boettcher, Nay: None. The President declared the resolution passed.

Hoppe introduced Resolution 2017-10 RESOLUTION ANNEXING CERTAIN PROPERTIES TO THE IOWA GREAT LAKES SANITARY DISTRICT, for East Okoboji Boat and RV Storage LLC, owned by Todd Roelofsen, and moved its adoption, motion was seconded by Senn. The roll was taken and recorded as follows, Ayes: Rohlfsen, Senn, Hoppe, Boettcher, Nay: None. The President declared the resolution passed.

Resolution for the Employee Handbook was tabled until next meeting for a change of the discipline policy.

Minutes for March 14 and 28, 2017 were approved (Rohlfsen/Hoppe); all ayes. Financial statement was reviewed and approved. Bills for March 2017 were approved in the amount of $97,252.83 for the general fund and $67,938.09 and a transfer $20,000 from saving to checking for the construction fund, (Hoppe/Boettecher); all ayes.

The meeting was adjourned Motion by (Rohlfsen/Boettcher).

ATTEST:
Robert H. Boettcher President Kae Hoppe, Clerk

dcn 0426-7

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ORDINANCE NO. 233

ORDINANCE APPROVING THE VACATION OF AN UNNEEDED EASEMENT AND CONVEYANCE OF THE SAME BY QUIT CLAIM DEED, IN RETURN FOR CONVEYANCE OF A NEW EASEMENT TO THE CITY AND SUBJECT TO CERTAIN TERMS

WHEREAS, Valerie J. Sampson, a married person (“Sampson”) owns real estate property located at 5503 Lakeshore Dr., Okoboji, Iowa and legally described as Lot 18, in Hayward’s Bay, in the City of Okoboji, Dickinson County, Iowa (“Sampson Property”);

WHEREAS, the City of Okoboji, Dickinson County, Iowa (“City”) is a municipal corporation organized and existing under the laws of the State of Iowa;

WHEREAS, the City has an existing storm sewer and easement for storm sewer over the Sampson Property, recorded January 25, 2011 in Book 36, Page 269, as Instrument No. 11-00484 of the Dickinson County Recorder’s Office (“Existing Easement”);

WHEREAS, Sampson has requested the City relocate a portion of the Existing Easement, subject to certain terms and conditions as more specifically set forth in an Agreement and Easement re Storm Sewer executed by the City and Sampson (“Agreement”), including without limitation:

• Conveyance by Sampson to the City of a new easement, the boundaries of which are legally described as:

That part of Lot 18, Hayward’s Bay, City of Okoboji, Dickinson County, Iowa, more particularly described as follows: Commencing at the Southeast corner of said Lot 18; thence North 37°38’39” East 2.01 feet along the Easterly line of said Lot 18 to the Point of Beginning; thence continuing North 37°38’39” East 24.54 feet along the Easterly line of said Lot 18; thence North 87°46’16” West 87.59 feet; thence South 46°01’44” West 4.45 feet; thence North 88°58’16” West 42.00 feet; thence North 43°58’16” West 5.91 feet; thence North 87°46’16” West 37.74 feet; thence South 81°51’05” West 93.86 feet; thence North 88°58’16” West 87 feet, more or less, to a point on the Ordinary High Water Mark of West Okoboji Lake; thence Southerly 10 feet, more or less, along said Ordinary High Water Mark to the South line of said Lot 18; thence South 88°58’16” East 149 feet, more or less, along the South line of said Lot 18; thence North 81°51’05” East 30.95 feet; thence South 87°46’16” East 36.34 feet; thence South 43°58’16” East 5.91 to the South line of said Lot 18; thence South 88°58’16” East 42.00 feet along the South line of said Lot 18; thence North 46°01’44” East 4.44 feet; thence South 87°46’16” East 72.96 feet to the Point of Beginning, containing 5,782 square feet and subject to easements and encumbrances both apparent or of record (the “New Easement”); and

• Sampson paying all the engineering, legal, construction, and other expenses of such relocation, including without limiting, all the costs of preparing the necessary proceedings, publication and recording costs therefor and recording fees of the deed and proceedings.

WHEREAS, the City Council has been presented with a request for vacation of a portion of the Existing Easement, the boundaries of which are legally described as:

THAT PART OF LOT 18, HAYWARD’S BAY, CITY OF OKOBOJI, DICKINSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE NORTH 36°41’26” EAST ALONG THE EASTERLY LINE OF SAID LOT 18 2.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°43’29” WEST 158.63 FEET; THENCE SOUTH 80°53’52” WEST 30.95 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 18; THENCE NORTH 89°55’30” WEST ALONG THE SOUTH LINE OF SAID LOT 18 149 FEET, MORE OR LESS, TO THE ORDINARY HIGH WATER MARK OF WEST OKOBOJI LAKE; THENCE NORTHERLY ALONG THE ORDINARY HIGH WATER LINE OF WEST OKOBOJI LAKE 10 FEET, MORE OR LESS, TO THE POINT WHERE SAID ORDINARY HIGH WATER LINE INTERSECTS A LINE THAT IS 10 FEET NORTHERLY AND PARALLEL TO THE SOUTH LINE OF SAID LOT 18; THENCE SOUTH 89°55’30” EAST ALONG SAID LINE THAT IS 10 FEET NORTHERLY AND PARALLEL TO THE SOUTH LINE OF SAID LOT 18 87 FEET, MORE OR LESS; THENCE NORTH 80°53’52” EAST 93.86 FEET; THENCE SOUTH 88°43’29” EAST 174.67 FEET TO THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 36°41’26” WEST ALONG THE EASTERLY LINE OF SAID LOT 18 24.54 FEET TO THE POINT OF BEGINNING. THE SOUTH LINE OF SAID LOT 18 IS ASSUMED TO BEAR NORTH 89°55’30” WEST (the “Vacated Easement”);

WHEREAS, the Vacated Easement is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified. The proposed vacation will not deny owners of abutting property reasonable access to the City’s storm sewer;

WHEREAS, the City intends to convey the Vacated Easement, by Quit Claim Deed to Sampson in return for said New Easement from Sampson to the City and subject to all the terms of the Agreement;

WHEREAS, Iowa Code § 364.7 requires a public hearing prior to a city disposing of an interest in real estate;

WHEREAS, City Code § 137.02 requires any proposal to vacate a street, alley, or portion thereof or any public grounds be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission has held said meeting, submitted a written report to the Council, and recommended approval;

WHEREAS, the City has heretofore caused notice to be published of a public hearing on said aforementioned proposal;

WHEREAS, the City Council has had said public hearing on the aforementioned proposal and has determined it is in the best interest of the City to approve the same;

WHEREAS, once said Vacated Easement has been conveyed to Sampson, the Vacated Easement real estate will have the same zoning classification as the Sampson Property, under the City’s Zoning Code;

WHEREAS, a motion was made by Councilmember Mendenhall and seconded by Councilmember Robinson to consider approval of this Ordinance (first consideration) and upon roll call the following vote was recorded: AYES: Andres, Mendenhall, Robinson; NAYS: None; ABSENT: Delperdang, Hentges. Said motion to consider approval of this Ordinance (first consideration) was approved by the City Council;

WHEREAS, a motion was made by Councilmember Andres and seconded by Councilmember Mendenhall to waive the second and third considerations of this Ordinance and upon roll call the following vote was recorded: AYES: Andres, Mendenhall, Robinson; NAYS: None; ABSENT: Delperdang, Hentges. Said motion to waive the second and third considerations of this Ordinance was approved by the City Council, and therefore, the second and third considerations of this Ordinance were waived;

WHEREAS, a motion was made by Councilmember Mendenhall and seconded by Robinson to adopt this Ordinance and upon roll call the following vote was recorded: AYES: Andres, Mendenhall, Robinson; NAYS: None; ABSENT: Delperdang, Hentges. Said motion to adopt this Ordinance was approved by the City Council. Thereupon, the Mayor declared this Ordinance, passed and approved on the date shown below.

NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Okoboji, Iowa:

Section 1. Purpose. The purpose of this Ordinance is to vacate the Vacated Easement subject to certain terms, including conveyance of a New Easement to the City, all as above set forth.

Section 2. Vacation. That the Vacated Easement in Section 1 above is hereby declared vacated.

Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict.

Section 4. Severability Clause.If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

Section 5. When Effective. This ordinance shall be in effect after its final passage, approval and publication as provided by law.

Section 6. Publication. The City Clerk/Administrator is hereby authorized and directed to publish this Ordinance in a newspaper of general circulation in Dickinson County, Iowa in conformance with the Iowa law.

Passed and approved this 11th day of April, 2017.

Mary Vander Woude, Mayor

ATTEST:

Jason Peters, City Clerk/Administrator

I, the undersigned, hereby certify that I am the duly appointed, qualified and acting City Administrator/Clerk for the City of Okoboji, Iowa, and the foregoing Ordinance was duly adopted by the City Council of the City of Okoboji, on the 11th day of April, 2017 and thereafter on the day of , 2017, the same was published in the Dickinson County News, a weekly newspaper published in Dickinson County, Iowa.

Dated this day of , 2017.

Jason Peters, City Clerk/Administrator

dcn 0426-8

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RESOLUTION NO. 17-05

RESOLUTION APPROVING VACATION OF AN UNNEEDED EASEMENT AND CONVEYANCE OF THE SAME BY QUIT CLAIM DEED, IN RETURN FOR CONVEYANCE OF A NEW EASEMENT TO THE CITY AND SUBJECT TO CERTAIN TERMS

WHEREAS, Valerie J. Sampson, a married person (“Sampson”) owns real estate property located at 5503 Lakeshore Dr., Okoboji, Iowa and legally described as Lot 18, in Hayward’s Bay, in the City of Okoboji, Dickinson County, Iowa (“Sampson Property”);

WHEREAS, the City of Okoboji, Dickinson County, Iowa (“City”) is a municipal corporation organized and existing under the laws of the State of Iowa;

WHEREAS, the City has an existing storm sewer and easement for storm sewer over the Sampson Property, recorded January 25, 2011 in Book 36, Page 269, as Instrument No. 11-00484 of the Dickinson County Recorder’s Office (“Existing Easement”);

WHEREAS, Sampson has requested the City relocate a portion of the Existing Easement, subject to certain terms and conditions as more specifically set forth in an Agreement and Easement re Storm Sewer executed by the City and Sampson (“Agreement”), including without limitation:

• Conveyance by Sampson to the City of a new easement, the boundaries of which are legally described as:

That part of Lot 18, Hayward’s Bay, City of Okoboji, Dickinson County, Iowa, more particularly described as follows: Commencing at the Southeast corner of said Lot 18; thence North 37°38’39” East 2.01 feet along the Easterly line of said Lot 18 to the Point of Beginning; thence continuing North 37°38’39” East 24.54 feet along the Easterly line of said Lot 18; thence North 87°46’16” West 87.59 feet; thence South 46°01’44” West 4.45 feet; thence North 88°58’16” West 42.00 feet; thence North 43°58’16” West 5.91 feet; thence North 87°46’16” West 37.74 feet; thence South 81°51’05” West 93.86 feet; thence North 88°58’16” West 87 feet, more or less, to a point on the Ordinary High Water Mark of West Okoboji Lake; thence Southerly 10 feet, more or less, along said Ordinary High Water Mark to the South line of said Lot 18; thence South 88°58’16” East 149 feet, more or less, along the South line of said Lot 18; thence North 81°51’05” East 30.95 feet; thence South 87°46’16” East 36.34 feet; thence South 43°58’16” East 5.91 to the South line of said Lot 18; thence South 88°58’16” East 42.00 feet along the South line of said Lot 18; thence North 46°01’44” East 4.44 feet; thence South 87°46’16” East 72.96 feet to the Point of Beginning, containing 5,782 square feet and subject to easements and encumbrances both apparent or of record (the “New Easement”); and

• Sampson paying all the engineering, legal, construction, and other expenses of such relocation, including without limiting, all the costs of preparing the necessary proceedings, publication and recording costs therefor and recording fees of the deed and proceedings.

WHEREAS, the City Council has been presented with a request for vacation of a portion of the Existing Easement, the boundaries of which are legally described as:

THAT PART OF LOT 18, HAYWARD’S BAY, CITY OF OKOBOJI, DICKINSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE NORTH 36°41’26” EAST ALONG THE EASTERLY LINE OF SAID LOT 18 2.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°43’29” WEST 158.63 FEET; THENCE SOUTH 80°53’52” WEST 30.95 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 18; THENCE NORTH 89°55’30” WEST ALONG THE SOUTH LINE OF SAID LOT 18 149 FEET, MORE OR LESS, TO THE ORDINARY HIGH WATER MARK OF WEST OKOBOJI LAKE; THENCE NORTHERLY ALONG THE ORDINARY HIGH WATER LINE OF WEST OKOBOJI LAKE 10 FEET, MORE OR LESS, TO THE POINT WHERE SAID ORDINARY HIGH WATER LINE INTERSECTS A LINE THAT IS 10 FEET NORTHERLY AND PARALLEL TO THE SOUTH LINE OF SAID LOT 18; THENCE SOUTH 89°55’30” EAST ALONG SAID LINE THAT IS 10 FEET NORTHERLY AND PARALLEL TO THE SOUTH LINE OF SAID LOT 18 87 FEET, MORE OR LESS; THENCE NORTH 80°53’52” EAST 93.86 FEET; THENCE SOUTH 88°43’29” EAST 174.67 FEET TO THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 36°41’26” WEST ALONG THE EASTERLY LINE OF SAID LOT 18 24.54 FEET TO THE POINT OF BEGINNING. THE SOUTH LINE OF SAID LOT 18 IS ASSUMED TO BEAR NORTH 89°55’30” WEST (the “Vacated Easement”);

WHEREAS, the Vacated Easement is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified. The proposed vacation will not deny owners of abutting property reasonable access to the City’s storm sewer;

WHEREAS, the City intends to convey the Vacated Easement, by Quit Claim Deed to Sampson in return for said New Easement from Sampson to the City and subject to all the terms of the Agreement;

WHEREAS, Iowa Code § 364.7 requires a public hearing prior to a city disposing of an interest in real estate;

WHEREAS, City Code § 137.02 requires any proposal to vacate a street, alley, or portion thereof or any public grounds be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission has held said meeting, submitted a written report to the Council, and recommended approval;

WHEREAS, the City has heretofore caused notice to be published of a public hearing on said aforementioned proposal;

WHEREAS, the City Council has had said public hearing on the aforementioned proposal and has determined it is in the best interest of the City to approve the same;

WHEREAS, once said Vacated Easement has been conveyed to Sampson, the Vacated Easement real estate will have the same zoning classification as the Sampson Property, under the City’s Zoning Code.

NOW, THEREFORE, BE IT RESOLVED that the above-described Vacated Easement is hereby vacated and conveyed to the above-described titleholders, pursuant to the terms set forth herein, and the Mayor and the City Clerk/Administrator be and they are hereby directed to execute the Quit Claim conveying the same in return for the New Easement.

Councilmember Robinson offered the foregoing Resolution and moved for its adoption.

Councilmember Mendenhall seconded said Resolution and upon roll call the following vote was recorded.

AYENAY
AndresX
MendenhallX
RobinsonX

Delperdang (absent)

Hentges (absent)

Thereupon Mayor declared the foregoing Resolution 17-05, this 11th day of April, 2017.

Mary Vander Woude, Mayor

ATTEST:

Jason Peters, City Clerk/Administrator

I, the undersigned, hereby certify that I am the duly appointed, qualified and acting City Administrator/Clerk for the City of Okoboji, Iowa, and the foregoing Resolution was duly adopted by the City Council of the City of Okoboji, on the 11th day of April, 2017 and thereafter on the day of , 2017, the same was published in the Dickinson County News, a weekly newspaper published in Dickinson County, Iowa.

Dated this 11th day of April, 2017.

Jason Peters, City Clerk/Administrator

dcn 0426-9

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Attest April 11, 2017

Central Water System Regular Board Meeting

Chairman Hinshaw called the board meeting to order. Members present were Hinshaw, Eckard, and Vos. Gray was also present.

Motion was made by Hinshaw to approve the minutes of the previous board meeting. Seconded by Vos and the motion passed.

The 2017 CAT generator maintenance quote was proposed for the two generators. Motion made by Hinshaw to accept the quote of $4075.00 for 2017. Second by Vos and the motion passed.

AT&T proposed a new cell antennae lease agreement. No action was taken as the existing contract is still in effect.

Motion was made by Eckard to pay the claims. Seconded by Vos and the motion passed. A list of claims is attached.

There was no further business and the meeting was adjourned.

_

Anthony Gray, Supt.

Wheeler J Hinshaw, Chairman

Federal Withholding-$680.00

Social Security-$1,415.24State Withholding-$1,332.00

IPERS-$1376.40

Wages-$6,868.04

Alliant Energy-$5,870.93

Black Hills Energy-$574.29

Blue Cross/Blue Shield-$2079.69

Card Service Center-$226.28

CenturyLink-$285.98

Cooperative Energy Company-$542.88

Dickinson County News-$34.47

Fick’s Ace Hardware-$4.49

Hawkins, Inc-$4,221.58

Iowa Workforce Development-$27.75

Megabytes-$80.25

Municipal Supply-$438.00

Sam Wedeking Excavating-$10,746.38

State Hygienic Lab-$192.50

Telplex-$25.87

Vessco-$486.05

Bank Midwest-$1,675.00

Citizen’s Community C.U.-$1,675.00

Total Claims- $40,808.96

dcn 0426-12

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ARNOLDS PARK, IA

REGULAR SESSION

APRIL 12, 20176:00 P.M.

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

ABSENT: None.

OTHERS PRESENT: Cameron Sheda, Marissa Sill, Marissa Gjerde, Charley Whittenburg, Pete McNally, Travis Goetsch, Jason Allen, Desi Wheeler, Janet Dorale, Herman Richter, Lauren Sandison, Kara Rice, Jeff Rose, Chris Yungbluth, Joe Wells, Tim Gallagher, Don Marti, Karolyn Marti.

Motion approving consent agenda consisting of Minutes, Claims, Clerk’s, and Treasurer’s reports. Richter/Adams. Ayes: Five. Nays: None. Absent: None.

Motion approving liquor license renewals for: Beer Can Alley, Boat Okoboji Rentals, Captain’s Getaway (outdoor service), The Gardens, Godfather’s Pizza – Express Unit, The Hutt Bar & Grill, Maxwell’s Beach Café, Murphy’s of Okoboji, and Table 316. Adams/Watters. Ayes: Five. Nays: None. Absent: None.

Motion approving liquor license renewals contingent on receiving necessary paperwork for: Bracco, The Waterfront & Event Center, and Cantina, Chaplin’s, and Smokin’ Jakes. Adams/Watters. Ayes: Five. Nays: None. Absent: None.

Motion approving a Transient Merchant license for Fare You Well, LLC. Jensen/Richter. Ayes: Five. Nays: None. Absent: None.

KMEG WEATHER CAMERA: Janet Dorale with KMEG television has asked the City if they would be interested in sponsoring, or co-sponsoring, the KMEG Skywatch Weather Camera located near the amusement park. The Council is not interested in pursuing the venture at this time.

VERIZON: Verizon is looking at placing a small cell tower at the corner of Iowa Street and East Broadway Street. This small cell tower would boost service to those within a 1,000 foot radius of the tower. Verizon would pay to install the street light that the small cell tower would be attached to, deed to streetlight to the City, and reimburse the City $500 per year for the tower. Motion to approve small cell tower at the corner of Iowa Street and East Broadway Street contingent on rewording in the lease to include the option that the City has the right to relocate the pole at some point in the future if necessary. Watters/Richter. Ayes: Five. Nays: None. Absent: None.

STREET VACATION OF A PORTION OF OKOBOJI GROVE ROAD: Mayor Hussong opened the public hearing at 6:23 p.m. No comments written or verbal were received. Mayor Hussong closed the public hearing at 6:24 p.m. RESOLUTION NO. 11-17 APPROVING VACATION OF AN UNNEEDED PORTION OF OKOBOJI GROVE ROAD AND CONVEYANCE OF THE SAME BY QUIT CLAIM DEED TO HISTORIC ARNOLDS PARK, INC. (“HAPI”), THE CURRENT ADJOINING PROPERTY OWNERS(S), SUBJECT TO CERTAIN TERMS, AND RESERVING EASEMENTS FOR EXISTING UTILITIES AND EXISTING BIKE TRAIL. Introduced by Richter. Seconded by Christensen. The roll was called and the vote was: Ayes: Richter, Christensen, Adams, Jensen, Watters. Nays: None. Absent: None. ORDINANCE NO. 17-04 APPROVING THE CITY OF ARNOLDS PARK, IOWA’S VACATION OF AN UNNEEDED PORTION OF OKOBOJI GROVE ROAD AND CONVEYANCE OF THE SAME BY QUIT CLAIM DEED TO HISTORIC ARNOLDS PARK, INC. (“HAPI”), THE CURRENT ADJOINING PROPERTY OWNER, SUBJECT TO CERTAIN TERMS, AND RESERVING EXISTING EASEMENTS FOR UTILITIES AND EXISITNG BIKE TRAIL. Introduced by Watters. Seconded by Christensen. The roll was called and the vote was: Ayes: Watters, Christensen, Adams, Jensen, Richter. Nays: None. Absent: None. Motion to waive the second and third readings. Watters/Christensen. Ayes: Five. Nays: None. Absent: None.

LEASE AGREEMENT WITH HISTORIC ARNOLDS PARK, INC.: Mayor Hussong opened the public hearing at 6:27 p.m. No comments written or verbal were received. Mayor Hussong closed the public hearing at 6:28 p.m. RESOLUTION NO. 12-17 APPROVING A LEASE OF A CERTAIN PROPERTY TO HISTORIC ARNOLDS PARK, INC. (“HAPI”). Introduced by Richter. Seconded by Christensen. The roll was called and the vote was: Ayes: Richter, Christensen, Adams, Jensen, Watters. Nays: None. Absent: None.

$950,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION CAPTIAL LOAN NOTES, SERIES 2017): RESOLUTION NO. 13-17 APPROVING AN ENGAGEMENT AGREEMENT WITH AHLERS AND COONEY, P.C. BOND COUNSEL IN ITS CAPACITY TO THE CITY OF ARNOLDS PARK, IOWA IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2017. Introduced by Jensen. Seconded by Watters. The roll was called and the vote was: Ayes: Jensen, Watters, Adams, Christensen, Richter. Nays: None. Absent: None. RESOLUTION NO. 14-17 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF THE CITY OF ARNOLDS PARK, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Introduced by Richter. Seconded by Adams. The roll was called and the vote was: Ayes: Richter, Adams, Christensen, Jensen, Watters. Nays: None. Absent: None. RESOLUTION NO. 15-17 APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR $950,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2017. Introduced by Watters. Seconded by Christensen. The roll was called and the vote was: Ayes: Watters, Christensen, Adams, Jensen, Richter. Nays: None. Absent: None.

2017 LID, STORM SEWER AND STREET IMPROVEMENTS – MONUMENT DR. RESOLUTION NO. 16-17 APPROVING CHANGE ORDER NO. 3 IN THE AMOUNT OF $19,140.00 FOR THE 2017 LID, STORM SEWER & STREET IMPROVEMENTS – MONUMENT DRIVE PROJECT PER THE RECOMMENDATION OF JACOBSON – WESTERGARD & ASSOCIATES, INC. Introduced by Richter. Seconded by Jensen. The roll was called and the vote was Ayes: Richter, Jensen, Christensen, Adams, Watters. Nays: None. Absent: None.

Motion approving Pay Estimate No. 2 in the amount of $97,752.86 to Hulstein Excavating for the 2017 LID, Storm Sewer & Street Improvements – Monument Drive project the recommendation of Jacobson – Westergard & Associates. Watters/Adams. Ayes: Five. Nays: None. Absent: None.

SANITARY SEWER INVESTIGATION WEST BROADWAY STREET/PARK AVENUE: Rose presented the Council with four possible options to improve the sewer line the area of West Broadway Street and Park Avenue. The consensus of the Council is to have Rose put together an estimate for the addition of a manhole and a combination of option #3 and #4, and bring the estimate back to the May Council meeting.

SIDEWALK IMPROVEMENTS – PILLSBURY POINT: The Council has been considering the possibility of improving the sidewalk from 623 Sunset Drive to 143 Pillsbury Point. Rose has estimated that cost of a four foot sidewalk to be $87,000 if the entire length is done at one time. The Council is requesting that Rose redo the estimate to include a five foot sidewalk instead.

LIBRARY: Rice updated the Council with the plans for the upcoming Summer Reading Program; this year’s theme is “Build a Better World.” Rice is planning to continue the Tuesday morning story hour for the younger children throughout the summer.

MISCELLANEOUS NON-ACTION ITEMS: Phase 2 playground equipment for Central Park has been ordered; tentative delivery will be during the first week of June. Historic Arnolds Park, Inc. has checked with the office to verify that they will be getting the banners for the bridge area between Arnolds Park and Okoboji this summer. Adams will contact the Okoboji Little League to see what the 2017 schedule is for the ball diamond.

Motion to adjourn: Richter/Adams. Ayes: Five. Nays: None. Absent: None.. Mayor Hussong declared the meeting adjourned at 6:53 p.m._

James Hussong, Mayor

_

Wanda Thielen, City Clerk

A & M LAUNDRY INC

laundry - city shed- $60.00

ARNOLD MOTOR SUPPLY

blade guide- 44.99

IOWA ONE CALL

35 one calls- 31.50

SPIRIT LAKE PARTS CITY

shop supplies- 229.39

CENTRAL WATER SYSTEM

purchase water- 8,485.00

CITY OF OKOBOJI

1/2 sweeper mainenence- 1,232.57

ALPHA WIRELESS COMMUNIC

palm mic- 68.00

DC ENGINEER

16-17 maintenance agreement-1,150.00

IOWA LAKES ELECTRIC COOP

700 240th ave- 1,134.82

ALLIANT ENERGY

utilities- 4,937.31

IGL SANITARY DISTRICT

jan, feb, mar sewer charges- 38,639.61

OFFICE ELEMENTS

office supplies- 28.66

JACOBSON-WESTERGARD

LID monument drive- 6,473.60

JANITOR’S CLOSET

cleaning supplies- 712.25

LAKES NEWS SHOPPER

truck advert- 38.10

MUNICIPAL SUPPLY INC.

meters/valve boxes- 2,399.79

BLACK HILLS ENERGY

gas bill- 771.21

PURCHASE POWER

postage- 208.99

SHAMROCK RECYCLING, INC.

recycling contract- 2,838.20

DC NEWS

legal publications- 408.22

TRI-STATE LITHO LTD

envelopes- 172.00

CENTURYLINK

telephone- 570.82

NW IA PLANNING & DEVELOPM

shield FY2017 4th draw- 3,000.00

OKOBOJI TOURISM COMMITTEE

1/2 hotel motel oct, nov, dec- 8,058.65

SIOUX SALES CO.

clothing/nameplates- 448.80

TOM’S SIDE STREET GARAGE

2015 F150 repairs- 633.55

TOWN & COUNTRY DISPOSAL

solid waste charges- 12,025.11

TREASURER STATE OF IOWA

sales tax jan,feb,mar- 9,014.00

USA BLUE BOOK

water testing supplies- 459.08

HEARTLAND SECURITY SERVIC

city hall monitoring- 28.95

AMY’S SIGN DESIGN

bridge/dock signs- 352.00

COYOTE MOTORS

2015 explorer- 1,217.35

FRONTLINE PLUS FIRE & RES

annual siren contract- 1,250.00

PETE HOWE INDUSTRIAL, INC

jet/televise lines- 5,012.50

FICK’S ACE HARDWARE

supplies- 15.98

CAMPUS CLEANERS & LAUNDER

rug cleaning - city hall- 62.00

MEDIACOM LLC-internet- 67.40

BOMGAARS SUPPLY INC.

shop supplies- 106.06

TRITECHFORENSICS

test kits- 425.34

MATHESON TRI-GAS INC

gases- 95.80

THE BOONEDOCKS

fuel- 1,086.46

DC CONSERVATION BOARD

white/brown goods- 35.00

LARUE DISTRIBUTING,INC.

office supplies- 76.16

VERIZON WIRELESS

toughbooks/cellphones- 268.92

CARD SERVICES

uniforms/clothing- 893.16

STATE HYGIENIC LABORATORY

water testing- 275.00

COUNSEL-copies- 87.34

CINTAS CORPORATION

first aid supplies- 60.10

MAXYIELD COOPERATIVE

diesel- 771.45

AMIE HINSHAW

city hall cleaning- 700.00

IA DEPT OF PUBLIC SAFETY

terminal billing apr/may/june-300.00

HALBUR DOCK SERVICE

dock installation/moving- 3,283.22

CLAIMS TOTAL $ 120,744.41

GENERAL FUND $52,791.29

STREET IMPROVEMENT FUND

4,089.60

SIDEWALK IMP. - LAKEVIEW FUND-200.00

WATER UTILITY FUND- 18,934.10

SEWER UTILITY FUND- 44,729.42

COMPUTER ZONE

computer repair- $750.00

DELTA DENTAL-Dental- 1,185.32

IOWA LAKES ELECTRIC COOP

700 240th ave- 1,105.46

IA DEPT OF REVENUE & FINA

STATE TAX- 2,533.00

EFTPS-FED/FICA TAX- 21,776.25

CENTURYLINK

telephone- 122.22

PITNEY BOWES GLOBAL FIN.

postage machine lease- 132.93

POSTMASTER

quarterly bills- 362.67

WELLMARK BLUE CROSS/SHIEL

Group Insurance- 14,735.13

ARNOLDS PARK LIBRARY

petty cash- 30.56

WANDA THIELEN

mileage jan, feb, mar- 234.50

ALAN R. KRUEGER

ins. reimbursement - jadee- 500.00

IOWA PUBLIC EMP RETIREMEN

ProtectionIPERS- 8,828.08

MAINSTAY INVESTMENTS

TSA RETIREMENT- 100.00

AFLAC-AFLAC- 429.88

AMAZON.COM

books/movies- 559.26

ANDY YUNGBLUTH

meal per diems- 90.00

LINDA NASE

mileage Nov - March- 32.63

H.E.A.T.

grant funds (milford)- 1,000.00

JIM HENTGES

Ruebin’s liquor license refund- 195.00

MEDIACOM LLC-internet- 67.40

CENTER POINT LARGE PRINT

LP books- 27.16

VERIZON WIRELESS

toughbooks and cell- 303.88

JENNA THUNHORST

mileage/treesforever- 253.63

BAKER & TAYLOR-books- 714.28

NEW YORK LIFE

LTD & life ins.- 1,132.16

HULSTEIN EXCAVATING, INC.

pe#1, 2017 LID - monument dr- 8,931.66

CLAIMS TOTAL- $66,133.06

GENERAL FUND- $44,773.80

ROAD USE FUND- 6,169.83

Equipment FUND- 1,000.00

MONUMENT DRIVE FUND-8,931.66

WATER UTILITY FUND- 3,408.89

SEWER UTILITY FUND- 1,848.88

dcn 0426-11

_

Dickinson County Board of Supervisors

April 11th, 2017

9:30 A.M. Present are Supervisors Paul Johnson, Mardi Allen, Tim Fairchild, Vice-Chairperson Pam Jordan and Chairperson William Leupold.

The Pledge of Allegiance was recited by those present.

Meeting called to order by Chairperson, William Leupold.

Emergency Management Director Mike Ehret present. Moved by Allen, seconded by Fairchild, to approved and adopt Resolution 2017-7. A RESOLUTION OF THE DICKINSON COUNTY BOARD OF SUPERVISORS TO REQUEST THE ASSISTANCE OF THE STAFF OF THE NORTHWEST IOWA PLANNING AND DEVELOPMENT COMMISSION.

WHEREAS, Dickinson County has agreed to the Intergovernmental Cooperation Agreement creating the Northwest Iowa Planning and Development Commission (hereinafter called the Planning Agency) and is a member in good standing; and WHEREAS, the County wishes to engage the Planning Agency to provide certain technical and professional services in connection with a Development of a Multi-Jurisdictional Hazard Mitigation Plan. WHEREAS, Article III.E of the Intergovernmental Cooperation Agreement gives the Planning Agency the responsibilities outlined in Chapters 28H and 28I, Code of Iowa; NOW THEREFORE, it is hereby resolved by the Dickinson County Board of Supervisors that the Planning Agency be requested to provide staff assistance in the above-mentioned project; and THAT, the Board of Supervisors understands and will comply with Policy Council guidelines regarding the assessments of costs of the Planning Agency staff assistance. Roll call vote: Allen-aye, Fairchild-aye, Johnson-aye, Jordan-aye, and Leupold-aye. Passed, approved, and adopted this 11th day of April, 2017.

Moved by Jordan, seconded by Fairchild, to approve an agreement between Northwest Iowa Planning and Development Commission (NWIPDC) and Dickinson County to perform the necessary services for assembling and preparing a Countywide Multi-Jurisdictional Hazard Mitigation Plan following the requirements mandated by the Iowa Homeland Security and Emergency Management Department, and Federal Emergency Management Agency. NWIPDC will be responsible for preparing and submitting quarterly progress reports and assist the county in preparing pf pay request for submission to Homeland Security Emergency Management. The maximum cost of the service will be $32,500 to NWIPDC for the eligible costs for services specified and approved. The County will in turn be reimbursed from Iowa Homeland Security Emergency Management for such costs. Roll call vote: Jordan-aye, Fairchild-aye, Johnson-aye, Allen-aye, and Leupold-aye.

Moved by Allen, seconded by Fairchild, to approve the employment of Tatum Green as a part-time jailer in the Sheriff’s Office. Tatum’s employment will start on April 11, 2017, at an hourly wage of $18.81. Roll call vote: Allen-aye, Fairchild-aye, Johnson-aye, Jordan-aye, and Leupold-aye.

Richard Hopper Engineer with Jacobson-Westergard & Associates present. Moved by Johnson, seconded by Allen, to approve and accept the Report of Commission for Classification of Lands Benefited by Drainage District No. 28 Lower Main, Upper Main, and Branches in Dickinson County Drainage District #28 and set the time and date for a Public Hearing on the Classification Report for Tuesday June 13, 2017, at 9:30 A.M. Roll call vote: Johnson-aye, Allen-aye, Fairchild-aye, Jordan-aye, and Leupold-aye.

Hopper presented the Preliminary Engineers Report on Branch 61, of Joint Drainage District 61, Clay, Dickinson, and Emmet County. The report was a result of a drainage attorney’s opinion regarding the limits of any repair study not being restricted to the limits of a petition filed on October 24, 2012 requesting a cleanout and repair of the Main Open Ditch. The opinion went on to say that if another area appears to need repair, they should additionally be included in the study. Moved by Fairchild, seconded by Allen, to approve and accept the Preliminary Engineering Report for Joint Drainage District No. 61, Branch 61-Open Ditch of Clay, Dickinson, and Emmet County. Roll call vote: Fairchild-aye, Allen-aye, Johnson-aye, Jordan-aye, Leupold-aye. A Public Hearing date will be determined at a later date once all boards have approved the report.

10:00 A.M., time for the continuation of the Completion Hearing on Drainage District #2. Chair Leupold opened the Public Hearing. Rick Hopper, Jacobsen Westergard engineer for the project informed the Board that he was still working with the landowners concerning compensation due to the work within the drainage ditch. Assistant County Attorney, Lonnie Saunders recommended continuing the hearing giving the landowners within the district time to settle their compensation claims. The Completion Hearing for Drainage District #2 will be continued until April 25th at 10:00 A.M.

Moved Allen, seconded by Johnson, to approve the April 4, 2017 Board Meeting Minutes as presented.. Roll call vote: Allen-aye, Johnson-aye, Fairchild-aye, Jordan-aye, and Leupold-aye.

Moved by Jordan, seconded by Fairchild, to approve the following claims as listed on the Claims Register Listing dated April 11, 2017. Roll call vote: Jordan-aye, Fairchild-aye, Johnson-aye, Allen-aye, and Leupold-aye.

CLAIMS LISTING 4-11-17

911 INSTALLS -EXPENSE-286.62

AHLERS & COONEY P.C.

SERVICE-1,205.44

ALLIANT ENERGY

UTILITIES-6,288.83

ALPHA WIRELESS COMM

EXPENSE-2,019.00

ARNOLD MOTOR SUPPLY

EXPENSE-827.80

BAILEY, AMBER-EXPENSE-7.47

BALOUN, GREGORY L.

EXPENSE-9.62

BECK ENGINEERING

SERVICE-408.75

BLACK HILLS ENERGY

EXPENSE-4,202.95