Legals - Week of 5.17.17

Tuesday, May 16, 2017

THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF

THE ESTATE OF

JERROLD WELLE, Deceased.

CASE NO. ESPR014339

NOTICE OF PROBATE OF WILL, OF

APPOINTMENT OF EXECUTOR,

AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of Jerrold Welle, deceased, who died on or about April 16, 2017:

You are hereby notified that on April 19, 2017, the Last Will and Testament of Jerrold Welle, deceased, bearing the date of October 2, 2014, was admitted to probate in the above named court and that Todd Gonnerman 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 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 April 21, 2017.

Todd Gonnerman, Executor

1640 250th Street

Milford, IA 51351

Barry Shaw Sackett, ICIS PIN No: AT0009509

Attorney for executor

Firm Name: Sackett Law Firm

Address: 1704 Hill Ave., Spirit Lake, IA 51360

Date of second publication

May 10, 2017

Probate Code Section 304

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TRUST NOTICE

IN THE MATTER OF THE TRUST:

JERROLD WELLE, Deceased.

To all persons regarding Jerrold Welle, deceased, who died on or about April 16, 2017. You are hereby notified that Todd Gonnerman is the trustee of the Jerrold Welle Irrevocable Trust dated on October 2, 2014. 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 (4) months from the date of second publication of this notice or thirty (30) days from the date of mailing this notice to all heirs of the decedent settlor and the spouse of the decedent settlor whose identities are reasonably ascertainable. Any suit not filed within this period shall be forever barred.

Notice is further given that any person or entity possessing a claim against the trust must mail proof of the claim to the trustee at the address listed below via certified mail, return receipt requested, by the later to occur of four (4) months from the second publication of this notice or thirty (30) days from the date of mailing this notice if required or the claim shall be forever barred unless paid or otherwise satisfied.

Dated on April 24, 2017.

Todd Gonnerman, Trustee

1640 250th Street

Milford, IA 51351

Barry Shaw Sackett, ICIS PIN No: AT0009509

Attorney for executor

Firm Name: Sackett Law Firm

Address: 1704 Hill Ave., Spirit Lake, IA 51360

Date of second publication

May 10, 2017

Probate Code Section 304

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THE IOWA DISTRICT COURT DICKINSON COUNTY

Probate No. ESPR0014343

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

IN THE ESTATE OF VERLYN C. JIPSON, Deceased

To All Persons Interested in the Estate of Verlyn C. Jipson, Deceased, who died on or about the March 11, 2017:

You are hereby notified that on the 28th day of April, 2017, the last will and testament of Veryln C. Jipson deceased, bearing date of the 9th day of August, 2010, was admitted to probate in the above named court and that Valerie L. Bonney 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 2nd day of May 2017.

Valerie L. Bonney

Executor of Estate

1407 Fairview Avenue

Spencer, IA 51301

Christopher A. Bjornstad

Attorney for executor

Firm Name: Cornwall, Avery,

Bjornstad & Scott

407 Grand Avenue, PO BOX 999

Spencer, IA 51301

Date of second publication:

17th day of May, 2017.

Probate Code Section 304

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NOTICE TO BENEFICIARIES, HEIRS AND CREDITORS

OF ELINOR BEDELL

To all persons regarding Elinor Bedell, deceased, who dies on or about March 2, 2017:

You are all hereby notified that Joanne Bedell Quinn is the Trustee of the Elinor Bedell Revocable Trust. At this time, no probate administration is contemplated with regard to the 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 sixty day 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 and beneficiaries under the trust whose identities are reasonably ascertainable. Any claim 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. Creditors 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 sixty days from the second publication of this notice or thirty days from the date of mailing this notice, a claim shall be forever barred, unless otherwise allowed or paid.

Joanne Bedell Quinn, Trustee of the

Elinor Bedell Revocable Trust

P.O. Box 2860

Loveland, CO 80539

Attorney for the Trustee:

Wayne E. Reames

Belin McCormick, P.C.

66 Walnut, Suite 2000

Des Moines, IA 50309

Date of second publication

May 17, 2017

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IN THE IOWA JUVENILE COURT FOR DICKINSON COUNTY

IN THE INTEREST OFJUVENILE NO. JVJV003286
G.D.ORIGINAL NOTICE
D.O.B. 02/12/2014,A Child.

TO: All Putative Fathers of a Child Born on the 12th day of February, 2014.

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, 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 June 7, 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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IN THE IOWA JUVENILE COURT FOR DICKINSON COUNTY

IN THE INTEREST OFJUVENILE NO. JVJV003283
A.I.

ORIGINAL NOTICE

D.O.B. 03/22/2017,:
A Child.

TO: Rebecca Adams, Mother of a Child Born on the 22nd day of March, 2017.

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, 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 June 7, 2017 at 11:15 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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NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION FROM TAX SALE

TO: Colt Hample 1017 Broadway, Apt 4, Emmetsburg, IA 50536- Owner

Colt Hample 25631 105th Street, Spirit Lake, IA 51360- Owner

Colt Hample 205 8th Street, Superior, IA 51363- Owner

Person in Possession 205 8th Street, Superior, IA 51363- Person in Possesion

Mueske Electric, Inc. 2700 22nd Street, P.O. Box 286, Spirit Lake, IA 51360- Judgment Creditor

Curry Seed c/o Charles Litow, P.O. Box 2165, Cedar Rapids, IA 52406- Judgment Creditor

Iowa Attorney General 1305 E. Walnut Street, Des Moines, IA 50319- Court Costs

Dickinson County Attorney 1802 Hill Avenue #2509, Spirit Lake, IA 51360- Court Costs

Dickinson County Auditor 1802 Hill Avenue #1400, Spirit Lake, IA 51360- Court Costs

City Clerk of Superior 114 7th Street, Superior, IA 51363- City Limits

All of the heirs, spouses, assignees, grantees, legatees, devisees, and successors in interest both known and unknown, and all unknown claimants claiming to have any recorded or unrecorded right, title, or interest in and to the parcel hereinafter described.

In accordance with Iowa Code Section 447.9 you are hereby notified that on the 16th day of

June, 2014, the following described parcel, situated in Dickinson County, Iowa, to-wit:

Lot 6, Plat of Hurd’s Second Addition to the City of Superior, Dickinson County, Iowa a/k/a PARCEL # 04-35-353-011 Certificate No: 2014-132

Was sold at tax sale by the Treasurer of Dickinson County for the then delinquent and unpaid taxes against the parcel, which a Certificate of Purchase was duly issued by the County Treasurer of Dickinson County, Iowa, to pursuant to said tax sale, which Certificate is now lawfully held and owned by , and that the right of redemption will expire and a deed to the said parcel will be made unless redemption from said tax sale is made within ninety (90) days from the completed service of this Notice.

_Chris Newhouse, Member

SCC Holding LLC,

Agent for

Dickinson 2014-132

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Terril City Council Meeting

May 8, 2017

Terril, IA 51364

The Terril City Council met in regular session on May 8, 2017 at 6:00 PM at Terril Memorial Building. The meeting was called to order at 6:00 P.M. by Mayor Darrell Woods Jr. The following councilpersons were present: Brian Brawner, Jeri Nissen, Ron Soat, Julie Thiesen, Ken Trojahn. Absent: None. Others present: Margaret Lashmett, Dari Fehr, Doug Andresen, Tim Matthews, and Dana Loring.

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

Motion by Soat and seconded by Nissen to approve the agenda. Aye: Nissen, Soat, Thiesen Trojahn. Motion Carried. Brawner arrives at 6:09 P.M.

Michael Boothsby of The State Agency was present to review property replacement values with the council. After discussion, Motion by Trojahn and seconded by Thiesen to increase values to replacement cost at an additional premium of $5622. Motion carried.

Dari Fehr was present to discuss potential business expansion in Terril. The council indicated they would sell 2 acres of land at south end of town for $5000 per acre.

Motion by Brawner and seconded by Soat to approve Resolution 2017-09, A Resolution setting a Public Hearing on proposal to sell 6 acres of land to Pro Cooperative at $5000 per acre. The Public Hearing will be held Monday, June 5, 2017 at 6:15 pm at Terril City Hall. Ayes: Brawner, Soat, Thiesen, Trojahn. Nays: None. Abstention: Nissen. Motion Carried.

Motion by Brawner and seconded by Thiesen to approve Purchase Order 8199, Hach Company for Water Dept Supplies. Motion carried.

Motion by Soat and seconded by Brawner to approve the minutes of the April 10, 2017 meeting with correction to location of the May 8, 2017 council meeting. Motion Carried. Motion by Thiesen and seconded by Soat to approve the April 24, 2017 minutes as presented. Ayes: Brawner, Nissen, Soat, Thiesen. Nay: None. Abstain: Trojahn.

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

Motion by Nissen and seconded by Brawner to approve the Treasurer’s Report. Motion carried. April receipts totaled $84,449.68 and April disbursements totaled $47,278.69.

Motion carried.

Motion by Trojahn and seconded by Thiesen to approve Resolution 2017-08, Funds Transfer Resolution. Motion Carried.

Motion by Brawner and seconded by Soat to approve Fuller & Sons Blacktop repair proposal in the amount of $5208.00 including the corner of N State & Taylor, Warner at the alley between S 1st and S State, and W Warner between Schooley and Furlam. Ayes: Brawner, Nissen, Soat, Thiesen. Nay: Trojahn. Motion Carried.

Motion by Thiesen and seconded by Nissen to approve building permits for Mark Plucker and Sean Bibler. Motion carried.

Motion by Trojahn and seconded by Brawner to approve 2016 Water Quality Report. Motion carried.

June 5, 2017 was set as City Wide Clean-Up Day.

The City Council and Planning & Zoning Board will meet to review and update the Terril Zoning Ordinance on Tuesday, May 16 at 6:30 pm at the Terril Memorial Building.

The June regular City Council meeting will be held Monday, June 5, 2017, at 6 PM at Terril Memorial Building..

Motion by Brawner and seconded by Trojahn to adjourn. Motion carried. The meeting was adjourned at 8:02 pm.

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Dana Loring, City ClerkDarrell Woods Jr., Mayor

Vendor-Description-Amount

Tim Matthews

Net Wages -April 1 - 15-1,352.04

Dennis Hildreth

Net Wages -April-281.35

Dana Loring

Net Wages -April-625.58

Scot Matthews

Net Wages -April-560.45

Tim Matthews

Net Wages - April 16 - 30-1,352.04

Rebekah Schnelle

Net Wages - April-566.99

Darrell Woods Jr.

Net Wages -April-138.52

Heather Wrigley

Net Wages - April-220.09

Collection Services Center

SM Ch Sup-242.00

941 Employers Federal Tax

April FICA & Federal Withholding

2,156.59

IPERS

April IPERS-1,146.05

Iowa Finance Authority

Sewer Revenue Capital Loan Note P & I-27,300.00

Iowa Finance Authority

General Obligation Capital Loan Note P & I-17,710.00

ACCO

Liquid Chlorinating Concentrate/Pumping Tube-470.00

Alliant Utilities

Service-1,829.70

Arnolds Park Library

Library Staff Meeting-15.00

Baker & Taylor Books

Library Books-103.53

Black Hills Energy

Water Plant /Fire Station/Library

282.03

Bomgaars

Concrete Mix-7.98

Caterpillar Financial Service

Payloader Lease #31-2,294.65

CenturyLink

Toll Charges-29.25

Dickinson County Sheriff

April-833.33

ECCOG

April Landfill-1,161.52

HACH

Chlorine/Fluoride-334.48

IAMU

Dues-514.21

ILEC

Lagoon Service-26.32

John Deere Financial

Mower filters/oil-80.70

North Central International

Oil Filters-78.00

People Magazine

Library Subscription-116.07

Pete Howe Industrial

Jet Line -400.00

Pro Coop

April Vehicle-460.01

Riteway

Utility Billing Forms-410.91

Shamrock Recycling

April -444.52

Stall’s Farm & Home

Oil Filters/ Drill-81.74

Stein Law Office

April Legal-236.25

Terril Telephone Coop

City Hall/Water Plant/Library-167.67

Tim Matthews

Cell Phone/Andresen/Plucker/Bibler Bldg Permits-105.00

Sam Wedeking Construction

S State Street Alley-2,039.42

Windfall

Library Books-117.64

Total Expenses- $66,291.63

April Receipts

General - $37,406.87

LOT- $5,006.99

RUT- $2,126.10

TIF- $26,412.21

Water- $6,022.89

Sewer- $4,356.85

Garbage- $3,117.77

Total April Receipts- $84,449.68

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NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION FROM TAX SALE

TO: Okoboji Motel, Inc. Part Lot 23, Block A, Sanborn Avenue, Okoboji, IA 51355- Owner

Okoboji Motel, Inc. c/o Craig Hornby, Hwy 71, Airport Road, Okoboji, IA 51355- Owner

Gil Grady Hwy 71, Airport Road, Okoboji, IA 51355- Owner

Vintage Oaks, LLC 1107 Sanborn Avenue, Okoboji, IA 51355- Interested Party

Vintage Oaks, LLC c/o James Redmond, 1128 Historic 4th Street, Sioux City, IA 51101- Interested Party

Person in Possession Lot 23, Block A, Sanborn Avenue, Okoboji, IA 51355- Person In Possession

Iowa Dept of Revenue 4th Hoover State Office Bldg P.O. Box 10471, Des Moines, IA 50306- State Tax Lien

Internal Revenue Collection Advisory Group 30 E. 7th Street, Ste 1222, St. Paul, MN 55101- IRS Lien

Iowa Workforce Development Unemployment Insurance Svc Tax Bureau/Collection Section, 1000 East Grand Avenue, Des Moines, IA 50319- Judgment Creditor

Iowa Attorney General 1305 E Walnut St. # 102, Des Moines, IA 50319-0106- State Lien/IRS Lien/Other

Dickinson County Attorney 1802 Hill Avenue #2509, Spirit Lake, IA 51360- State Tax Lien/IRS Lien/Unemployment Lien

Dickinson County Auditor 1802 Hill Avenue #1400, Spirit Lake, IA 51360- State Tax Lien/IRS Lien/Unemployment Lien

City of Okoboji c/o City Clerk, 132 US-71, Okoboji, IA 51355- City Limits

Aurora View, LLC c/o Terry Anderson, 5 Shaun Cir, Red Oak, IA 51566- 2016 Tax Lien Holder

All of the heirs, spouses, assignees, grantees, legatees, devisees, and successors in interest both known and unknown, and all unknown claimants claiming to have any recorded or unrecorded right, title, or interest in and to the parcel hereinafter described.

In accordance with Iowa Code Section 447.9 you are hereby notified that on the 16th day of June, 2014, the following described parcel, situated in Dickinson County, Iowa, to-wit:

A part of Lot 23, Block A of Beck’s Subdivision of Blocks I, L, J and K of Beck’s Replat of Okoboji City, in the Incorporated City of Okoboji, Dickinson County, Iowa, described as follows: Beginning at a point on the North line of said Lot 23, 147 feet West of the Northeast corner of said Lot 23; thence West on the North line of said Lot 23 a distance of 454.67 feet; thence South parallel to the West line of said Lot 23 a distance of 300 feet; thence West parallel to the North line of said Lot 23 a distance of 12 feet; thence South parallel to the West line of said Lot 23 a distance of 400 feet to the South line of said Lot 23; thence East on the South line of said Lot 23 to the southwest corner of Lot 8, in Block A; thence Northerly along the West line of Lots 8, 9, 10, 11 and 12 to the Northwest corner of Lot 12; thence Northerly along the West side of Lot 13 to a point 233.33 feet North of the South line of said Lot 23, which 233.33 feet is measured on a line parallel to the West line of Lot 23; thence West on a line parallel to the South line of said Lot 23 to a point 466.67 feet South of the point of beginning, measured on a line parallel to the West line of said Lot 23; thence North 466.67 feet to the point of beginning; EXCEPT a strip of land sold to Dickinson County under contract dated February 21, 1951, for road purposed, and described as the ‘north 12 ft. of five acre tract in Lot 23 of Beck’s Replat of Blocks I, L, J and K of Haskell and Smith’s Addition’, AND EXCEPT the following described tract; All that part of Lot 23 , Block A, Beck’s Subdivision of Block I, L, J and K, Beck’s Replat of Okoboji City, in the Incorporated city of Okoboji, Dickinson County, Iowa, described as follows: Beginning at the Southwest corner of Lot 8, Block A of Beck’s Subdivision of Blocks I, L, J and K of Beck’s Replat of Okoboji City, in the Incorporated city of Okoboji, thence Northerly along the West line of Lots 8, 9, 10, 11 and 12 to the Northwest corner of Lot 12; thence Northerly along the West line of Lot 13 to a point 233.33 feet North of the South line of said Lot 23, which 233.33 feet is measured on a line parallel to the West line of Lot 23; thence West on a line parallel to the North line of said Lot 23, a distance of 172 feet; thence South on a line parallel to the West line of said Lot 23 to the South line of said Lot 23; thence East to the point of beginning; AND EXCEPT the following described tracts of land; a part of Lot 23, Block A, of Subdivision of Blocks I, L, J and K, Beck’s Replat of Okoboji City, in the Incorporated City of Okoboji, Dickinson County, Iowa, described as follows: Beginning at a point on the North line of said Lot 23, 356.67 feet West of the Northeast corner of said Lot 23; thence West on the North line thereof a distance of 245 feet; thence South, parallel to the West line of said Lot 23, a distance of 300 feet; thence West, parallel to the North line of said Lot 23, a distance of 12 feet; thence south, parallel to the West line of said Lot 22, a distance of 400 feet, the South line of said Lot 23; thence East of the South line of said Lot 23 a distance of 70 feet; thence North, parallel to the West line of said Lot 23 a distance of 200 feet; thence East, parallel to the North line of said Lot 23 a distance of 187 feet; thence North, parallel to the West line of said Lot 23, a distance of 500 feet to the point of beginning; AND Except a part of Lot 23, Block A of Beck’s Subdivision of Blocks I, L, J and K of Beck’s Replat of Okoboji City in the Incorporated City of Okoboji, Dickinson County, Iowa, described as follows; Commencing at the Southwesterly corner of Lot 8, Block A, of said Beck’s Subdivision of Blocks I, L, J and thence South 89 deg 39’55” West a distance of 192.51 feet to the point of beginning; thence North 0 deg 08’50” East a distance of 200.00 feet; thence South 89 deg 39’55” West a distance of 120 feet; thence South 0 deg 08’50” West a distance of 200 feet to the South line of said Lot 23, Block A; thence North 89 deg 39’55” East a distance of 120.00 feet to the point of beginning. EXCEPT the following described tract: Commencing at the Southwest corner of Lot 8, Block A, Subdivision of Blocks I, L, J and K, Beck’s Replat of Okoboji City, thence South 89 deg 39’55” West a distance of 312.51 feet to the point of beginning; thence South 89 deg 39’55” West a distance of 376.23 feet; thence North 0 deg 08’50” East a distance of 200 feet; thence North 89 deg 39’55” East a distance of 376.23 feet; thence South 0 deg 08’50” West a distance of 200 feet to the point of beginning - being a part of Lot 23, Block A, Subdivision of Blocks I, L, J and K, Beck’s Replat of Okoboji City, in the Incorporated City of Okoboji, Dickinson County, Iowa. AND EXCEPT the following described tract: A part of Lot 23, Block A of Beck’s Subdivision of Blocks I, L, J and K of Beck’s Replat of Okoboji City, in the Incorporated City of Okoboji, Dickinson County, Iowa, described as follows: Commencing at the Northeasterly corner of Lot 23, Block A of said Subdivision; thence South 90 deg West along the Southerly right-of-way line of Sanborn Avenue, a distance of 146.9 feet to the point of beginning; thence West 209.67 feet; thence south 470 feet; thence East 209.67 feet; thence North 470 feet to the point of beginning. a/k/a PARCEL # 07-20-151-004 Certificate No: 2014-137

Was sold at tax sale by the Treasurer of Dickinson County for the then delinquent and unpaid taxes against the parcel, which a Certificate of Purchase was duly issued by the County Treasurer of Dickinson County, Iowa, to Furman Realty, LLC pursuant to said tax sale, which Certificate is now lawfully held and owned by Furman Realty, LLC, and that the right of redemption will expire and a deed to the said parcel will be made unless redemption from said tax

sale is made within ninety (90) days from the completed service of this Notice.

_Chris Newhouse, Member

SCC Holding LLC,

Agent for Furman Realty, LLC

Dickinson 2014-137

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NOTICE OF PROPOSED ACTION TO INSTITUTE

PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $97,500

(SEWER REVENUE)

The City Council of the City of Milford, Iowa, will meet on May 22, 2017, at the Community Center Board Room in the City, at 6:30 o’clock p.m., for the purpose of instituting proceedings and taking action to enter into a loan and disbursement agreement (the “Agreement”) and to borrow money thereunder in a principal amount not to exceed $97,500, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Municipal Sanitary Sewer System.

The Agreement will not constitute a general obligation of the City, nor will it be payable in any manner by taxation but, together with the City’s outstanding Sewer Revenue Bond, Series 2011, dated June 1, 2011, and any additional obligations of the City as may be hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable solely and only from the Net Revenues of the Municipal Sanitary Sewer System of the City.

At the aforementioned time and place, oral or written objections may be filed or made to the proposal to enter into the Agreement. After receiving objections, the City may determine to enter into the Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.

By order of the City Council of the City of Milford, Iowa.

LeAnn Houge

City Clerk

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WAHPETON CITY COUNCIL

REGULAR SESSION – MONDAY, MAY 8, 2017

5:00 P.M. WAHPETON CITY HALL

The Wahpeton City Council met on Monday, May 8, 2017 at 5 p.m. in Wahpeton City Hall. Present were Mayor Johnson, Councilmen Rierson, Brad Jones, Jack Jones, Blau and Prior. City Atty. Hemphill and city employees Tielbur, Hanna and Radcliffe were also present.

Mayor Johnson called the meeting to order with the Pledge of Allegiance.

J.Jones moved and Blau seconded to approve the agenda. All ayes – motion carried.

Prior moved and J.Jones seconded to approve the consent agenda containing the April 10, 2017 Regular Session and April 13, 2017 Special Session, April 2017 Claims, Treasurer’s Report & Financial Reports. All ayes – motion carried.

There were no citizen’s comments.

Mayor Johnson opened the public hearing for the request from Charlie Kneip to change zoning at 1620 Lakeshore Drive from Lakefront Residential to Commercial. There were no comments and the hearing was closed. B.Jones moved and Rierson seconded to approve the first reading of Ordinance No. 163-AN ORDINANCE AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY WAHPETON AND AMENDING THE ZONING CLASSIFICATION OF REAL PROPERTY OF RANDY J. KEMPF AT 1620 LAKESHORE DRIVE AS DESCRIBED HEREIN, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WAHPETON, IOWA. Roll call vote: Blau – aye, B. Jones – aye, J.Jones – aye, Rierson – aye, Prior – aye. All ayes – motion carried. Prior moved and B. Jones seconded to waive the 2nd & 3rd readings and move to the final passage of Ordinance No. 163-AN ORDINANCE AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY WAHPETON AND AMENDING THE ZONING CLASSIFICATION OF REAL PROPERTY OF RANDY J. KEMPF AT 1620 LAKESHORE DRIVE AS DESCRIBED HEREIN, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WAHPETON, IOWA. Roll call vote: Rierson –aye, Prior – aye, B. Jones – aye, Blau – aye, J.Jones – aye. All ayes – motion carried. Rierson moved and Blau seconded to approve the adoption of Ordinance No. 163-AN ORDINANCE AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY WAHPETON AND AMENDING THE ZONING CLASSIFICATION OF REAL PROPERTY OF RANDY J. KEMPF AT 1620 LAKESHORE DRIVE AS DESCRIBED HEREIN, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WAHPETON, IOWA. Roll call vote: Prior – aye, Blau – aye, Rierson – aye, J.Jones – aye, B. Jones – aye. All ayes – motion carried.

Mayor Johnson opened and closed the public hearing for a request proposing to vacate the “Carriage Path” for Connie Benson, at 2228 Manhattan Blvd. in exchange for a walking easement. No one was present for comment. Prior moved and Blau seconded to approve Resolution No. 17-8-A RESOLUTION VACATING A PORTION OF THE PLATTED PUBLIC WALK WAY ADJACENT TO LOT TEN (10) AND THE NORTH 25 FEET OF LOT ELEVEN (11) IN THE SECOND PLAT OF MANHATTAN BEACH, DICKINSON COUNTY, IOWA. Roll call vote: B.Jones – aye, J.Jones – aye, Blau – aye, Rierson – aye, Prior – aye. All ayes – motion carried.

Mayor Johnson opened and closed the public hearing for a request proposing to vacate the “Carriage Path” for Maurice & Mary Crawford, at 2300 Manhattan Blvd. in exchange for a walking easement. No one was present for comment. J.Jones moved and Rierson seconded to approve Resolution No. 17-9-A RESOLUTION VACATING A PORTION OF THE PLATTED PUBLIC WALK WAY ADJACENT TO LOT EIGHT(8), EXCEPT THE NORTH 10 FEET, BLOCK C, IN THE PLAT OF MANHATTAN BEACH, DICKINSON COUNTY, IOWA, AND LOT NINE (9), IN THE SECOND PLAT OF MANHATTAN BEACH, DICKINSON COUNTY, IOWA. Roll call vote: Blau – aye, J.Jones – aye, Prior – aye, B.Jones – aye, Rierson – aye. All ayes – motion carried.

Mayor Johnson opened and closed the public hearing for the proposed budget amendment. No one was present for comment. Prior moved and B.Jones seconded to approve Resolution 17-7- A RESOLUTION ADOPTING THE PROPOSED BUDGET AMENDMENT FOR FY 2017. Roll call vote: Rierson – aye, B.Jones – aye, Blau – aye, J.Jones – aye, Prior – aye. All ayes – motion carried.

Chris Dodd with Evertek addressed the council about possibly locating Internet service on top of the new water tower. It will service predominantly the rural people in the area. He asked for 2 - 3 ½ ft. antennas and a 2 ft. dish with a 2 ft. x 2 ft. cabinet. Fees were discussed. Council tabled a decision until the July council mtg. Council discussed the current contract with the wireless phone service and issues that have come up.

B.Jones moved and J.Jones seconded to approve Pay Request #6 to Maguire Iron, Inc for the Wahpeton Water Tower Project in the amount of $122,265.00. All ayes – motion carried.

Prior moved and B.Jones seconded to approve Resolution 17-10 – A RESOLUTION TO FIX A DATE FOR A PUBLIC HEARING ON A PROPOSAL TO ENTER INTO A GENERAL OBLIGATION WATER IMPROVEMENT LOAN AND DISBURSEMENT AGREEMENT AND BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,200,000. Roll call vote: Blau – aye, Prior – aye, J.Jones – aye, Rierson – aye, B.Jones – aye. All ayes – motion carried. Council discussed the removal of the trail to replace the water line for the new water tower. The city will pay for the temporary replacement of the trail but the tower contractor pays for the permanent trail replacement when the water lines are tied into the new tower. David Doxtad explained that there will be only a 4 PSI difference in water pressure from the old tower to the new tower. The city lines experiences that change daily, because currently we range from 75-90 PSI. The tower is on schedule to be completed by June 30th.

Prior moved and Blau seconded to approve pay request from Deck & Deck, LLP for $1,338.37 for Wahpeton’s ½ of mediation expenses. All ayes – motion carried.

Rierson moved and B.Jones seconded to approve the proposal from Oleson Landscape in the amount of $11,985.00 to repair the south Crescent Beach seawall. All ayes – motion carried.

Hanna reported on an issue with the litigation agreement. Radcliffe reported that the Milford Fire Dept. is trying to raise money to purchase new Jaws of Life. City of Okoboji cleaned the streets last week, cracks should be sealed this week and stripes painted when repairs are done. Radcliffe also reported on some zoning permits, real estate sign issues and progress on the new snow plow. Roberts relayed a thank you to the council from Mike & Brenda Dolan for allowing the free library in front of their home. Many people have enjoyed it.

Prior asked about John Cotton’s parking. He is still working on cutting up the trees in DNR property by the tennis courts for firewood. Blau addressed complains about scum in the canals.

Being no further business, Mayor Johnson adjourned the meeting at 6:30 p.m. All ayes – motion carried.

REVENUE RECEIVED FOR APRIL 2017: General-$201,027.74, Road Use-$2,369.17, Local Option-$5,356.31, Water Utility-$61,414.11 for a total of $270,167.33.

ATTEST: Bonnie R. Tielbur, City Clerk/Admin.

ACCO UNLIMITED CORP

FILTER MEDIA/CARBON REPLACEMEN-$11,569.4

ALLIANT ENERGY

ELEC SERVICE-STREET LIGHTS

$2,353.28

AUTOMATIC SYSTEMS CO

INSTALL HYDRO RANGER-$3,274.34

DICKINSON COUNTY NEWS

LEGAL PUBLICATIONS-$98.57

HEMPHILL LAW OFFICE

LEGAL FEES-$1,175.13

HYGIENIC LABORATORY

TESTING WATER-$419.5

IOWA ONE CALL

ONE CALLS-FAXES-$21.9

IPERS-IPERS-$1,833.6

MILFORD MUNICIPAL UTIL

LITIGATION SETTLEMENT AGREEMEN-$110,067.85

BOMGAARS SUPPLY INC

WOOD TRIM FOR CITY HALL BATHRO-$106.72

TOWN & COUNTRY DISPOSAL

GARBAGE PICKUP-$3,856.46

WITHHOLDING TAX

STATE TAXES-$556

WASTE MANAGEMENT

LANDFILL FEES-$593.18

MEDIACOM LLC

PHONE & INET - CITY HALL-$128.5

CARD SERVICE CENTER

2-5 FT. BENCHES/TENNIS COURTS

$574

ALL FLAGS, LLC

3X5 IOWA/4X6 US FLAG-$40.96

BLACK HILLS ENERGY

GAS SERVICE - WATER PLANT

$424.62

BROWN SUPPLY CO.

HYDRANT EXTENSION/BRASS SLEEVE-$582.42

SPENCER OFFICE SUPPLY

2500 WATER PYMT FORMS

$497.89

VERIZON WIRELESS

CELL PHONE - TIELBUR

$239.8

INTERNAL REVENUE SERVICE

FED/FICA TAXES-$3,053.48

IA DEPT OF REVENUE

SALES TAX DUE-WATER-$724

CENTURY LINK

WATER PLANT/PHONE & INET

$108.86

ADVANCED SYSTEMS, INC.

COPIER - LEASE PYMT

$129.25

WEX BANK

FUEL - HANNA/09 CHEV-$294.21

EVERTEK

SECURITY CHARGES-$19.95

METERING & TECHNOLOGY SOL

REMOTE INSTALL - BRACKET KIT

$72.57

WELLMARK BC/BS OF IOWA

BCBS-$601.17

I & S GROUP, INC

SUBCONSULTANT SERVICES

$17,379

ULINE

2,000 DOG WASTE BAGS-$167.85

GIS BENEFITS

LIFE/DISAB -CITY EMPLOYEES

$66.31

MAGUIRE IRON, INC

PAY REQUEST #5-$44,650

CLAIMS TOTAL-$205,680.77

GENERAL FUND-$12,064.96

WATER TOWER FUND FUND-$62,029

WATER UTILITY FUND-$131,586.81

dcn 0517-5

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ORDINANCE NO. 163

AN ORDINANCE AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY WAHPETON AND AMENDING THE ZONING CLASSIFICATION OF REAL PROPERTY OF RANDY J. KEMPF AT 1620 LAKESHORE DRIVE AS DESCRIBED HEREIN, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WAHPETON, IOWA.

WHEREAS, the property owner has requested the City of Wahpeton to change the zoning classification of the following described property from “LF” Lakefront Residential to “C” General Commercial in accordance with Subsection 3 of Section 165.19 of the Wahpeton Zoning Code; and,

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. Bendixon dated August 3, 2006 and recorded 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.

hereinafter “the Property”; and

WHEREAS, the Planning and Zoning Commission considered the request and recommended to the City Council that the rezoning be accomplished; and

WHEREAS, the Wahpeton City Council set a public hearing on the re-zoning proposal, gave and published notice as required by state law and ordinance of the city, held the public hearing on May 8, 2017, and considered all comments and objections offered in support of and in opposition to the re-zoning; and,

WHEREAS, the City Council has also considered the Land Use Map previously adopted and has noted that the use of the Property had been planned as “LF” Lake Front Residential; and,

WHEREAS, the Council has considered Iowa “Smart Planning” principles set out in Chapter 18B of the Iowa Code applicable to the requested re-zoning; and,

• The proposed re-zoning and planned commercial use will not cause soil erosion, will constitute efficient urban development, will reduce existing street congestion, will promote public safety and general welfare, will avoid overcrowding and undue concentration of population, will promote efficient use of the City transportation and utility systems, and is suitable for the intended use.

• The proposed re-zoning and use is the most appropriate use of the land.

• The proposed re-zoning does not adversely affect agricultural land or existing schools and does not increase the probability of flooding; and,

WHEREAS, the Council has determined that it is now appropriate to amend the Land Use Map and to accomplish the proposed zoning re-classification.

NOW, THEREFORE, BE IT ORDAINED by the Wahpeton City Council as follows:

Section 1. The Land Use Map of the City of Wahpeton, Iowa, is hereby amended to change the planned use of the Property from “LF” Lakefront Residential to “C” Commercial.

Section 2. The official Zoning Map of the City of Wahpeton, Iowa, is hereby amended by changing the zoning classification of the Property from “LF” Lakefront Residential to “C” General Commercial.

Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4. 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. This ordinance shall be in effect following its final passage, approval and publication as provided by law.

Passed by the Council the 8th day of May, 2017, and approved this 8th day of May, 2017.

_

Phillip A. Johnson, Mayor

Attest:

_

Bonnie Tielbur,

City Clerk/Administrator

I hereby certify that the foregoing was published as Ordinance No. 163 in the Dickinson County News on the 17th day of May, 2017.

_

Bonnie Tielbur,

City Clerk/Administrator

dcn 0517-6

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LAKE PARK CITY COUNCIL

MAY 08, 2017

The following are the minutes as recorded by the City Clerk and are subject to council approval at the next regular meeting on 06-12-2017

Lake Park City Council met in regular session and for a Public Hearing at City Hall on May 08, 2017. Mayor Engel opened the Public Hearing at 7:00PM with the Pledge of Allegiance. Members present: Taber, Schumacher, Baumgarn (arriving at 7:04), Reekers and Clerk Matthiesen. Absent: Heikens. Also present: Tony Urwin, Ryan Carpenter, Jane Heikens, Carol Johnson, Dean Tuinstra, Jeanette Kellar, Greg Drees and Herb Stewart.

Public Hearing: City Budget Amendment for Fiscal Year Ending 6-30-17. Mayor asked if there were any questions or comments: none. Clerk stated no written comments or questions were received. Matthiesen explained what changes were made to the budget. Mayor closed the Public Hearing at 7:04PM.

Schumacher introduced and moved to adopt Resolution #8-17 entitled “A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2017”; seconded by Taber. Roll call vote: AYES – Schumacher, Taber, Baumgarn and Reekers. NAYS – none; motion carried, resolution duly adopted.

Mayor called regular meeting to order at 7:05PM.

Moved by Schumacher/Reekers to approve the consent agenda which includes: Minutes from April 10, 2017 Meeting; Financial Reports; Approve Bills for Payment; Approve Liquor License for Lake Park Foods. all ayes.

Moved by Taber/Schumacher to approve regular agenda; all ayes.

REPORTS: Library, street and police reports were included in packets.

OLD BUSINESS: None

NEW BUSINESS: Moved by Schumacher/Baumgarn to approve the tax abatement for Natasha Slater; all ayes.

Jane Heikens expressed her concerns involving the moving of the Knox cabin to the Depot Museum site. She had a petition signed by approx 75 citizens opposed to the move. Council stated that they felt it would be better protected if moved and would attract more visitations if located with other historical buildings. Heikens expressed concern about the upkeep and council told her it would not be the Historical Society’s responsibility. The council took no action to overturn the decision to move the cabin.

Moved by Schumacher/Taber to approve turning the reimbursement payment from a CDBG grant recipient over to the LPHA to be used for future LMI projects; all ayes.

Matthiesen presented the council with a preliminary floor plan for the office remodel. Moved by Reekers/Baumgarn to proceed with the office remodel project; all ayes.

With respect to the citizens in attendance the public forum was moved up on the agenda.

Greg Drees addressed the council about the upcoming Blue Water Festival including program plans, additions, comments, etc. The city made a donation of $2500 the previous year and Drees requested the council consider this again this year.

Dean Tuinstra expressed his concern about the condition of the right-aways upon the completion of the Ave B project. Reekers also stated that there appears to be a lot of big rock in the backfill. Matthiesen will talk with Beck Engineering about the concerns.

Mayor’s report, council discussion and administrator’s report were last items on agenda.

Moved by Reekers/Baumgarn to adjourn at 7:51pm; all ayes.

.

John Engel, MayorMarie Matthiesen, Clerk

The following are the bills approved at the L P Council meeting on 5-09-16 along with the bills of necessity.

Dept of Treasury

941 deposit pp 4/15/17- $2,949.07

Collection Servicesgarnishment- $748.49

Wellmark

health insurance- $2,764.57

Collection Servicesgarnishment- $748.49

Dept of Treasury

941 deposit pp 4/29/17- $3,150.99

State of Iowa

state withholding- $1,496.00

IPERS

IPERS-Apr 2017- $5,780.83

ACCO-pool chemicals-2405.40

Alliant Energy-street lighting-1091.67

Amazon-lib books/supplies-294.07

Bomgaars-shop tools-99.99

Campus Cleaners-rugs-98.45

Cannon Moss Bryggerentrance sign-1046.70

Carpenter Uniform Co

police uniforms-93.59

Century Link-phone-314.51

Century Link Business Service

long distance-2.88

Cohrs Construction-gravel-2474.48

CFE-street/park/police fuel-1484.56

Custom Cage-police vehicle-740.00

Dickinson County Recorder

recording fees-12.00

Dickinson County Engineer-

maint. agreement-525.00

Dickinson Landfill-

landfill fees-3267.40

Exenviromental-fire dept. foam-475.00

Galls-police uniforms-104.61

Heiman Inc-fire clothing-3710.40

Holiday Inn -

IMFOA conference-206.99

IGL Teleconnect-internet-230.00

ICAP-insurance-1897.86

Ia State Univ.-

hazmat certification-50.00

Jaycox Implement-park repairs-7.34

JCL Solutions-park supplies-164.28

Jeff Jacobsma-reimbursement-62.05

Jonathon Hintz-CDBG expense-750.00

Julie Stahly-park reimbursement-89.59

LP Fireworks Committee-

donation-500.00

Lake Park Auto Parts-

street/park supplies-244.46

LPMU-utilities-3635.06

Larry Dalton-

park reimbursement-310.30

LBR Enterprise-signs/park-100.00

Marie Matthiesen-mileage-230.05

Mary Schmidt-cleaning-80.00

Mike Ehret-website maint.-208.00

Mills Construction-

CDBG expense-17930.00

Noteboom -park maint.-57.30

NWIPD-CDBG expense-1834.00

One Office Solution-

office supplies-145.47

R & D Industries-

computer repair-287.50

Ryan Carpenter-mileage-235.40

Savings Bank-HSA deposit-550.00

Shamrock Recycling-

cardboard recycling-597.40

State Hygienic Lab-

w/w testing-1150.50

Town & Countrygarbage pickup-6132.00

T & C Boosters-donation-500.00

Treat America-training meals-81.80

US Cellular-cell phones-279.16

United Community Bank-

HSA deposit-550.00

United Community Bank-

misc credit card chgs-1824.72

Upper Des Moines-donation-650.00

Waste Management-

recycle fees-1038.80

RECAP OF REVENUES & EXPENDITURES BY FUND:

General $300,487.96 $84,920.79

RUT 7,739.70-0-
Debt Service 75,599.60-0-

Trust & Agency 40,909.34 9,660.04

L O S T 15,364.81-0-

Sanitary Sewer 15,486.32 17,624.26

TOTALS: $455,587.73 $112,205.09

dcn 0517-7

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Interstate Power and Light, Co. plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2 “Storm Water Discharge Associated with Industrial Activity for Construction Activities.” The storm water discharge will be from land disturbance within road right-of-way associated with underground electric distribution utility construction activities in Sections 5, 6 and 7 of Township 99 North, Range 36 West in Dickinson County, Iowa. Stormwater will be discharged by surface drainage to Center Lake and an unnamed tributary to West Okoboji Lake.

Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 900 E. Grand Avenue, 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.

dcn 0517-12

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CITY OF OKOBOJI

SPECIAL WORKING DINNER MEETING

WEDNESDAY, MAY 3, 2017

PRESIDING: Mayor VanderWoude

COUNCILMEMBERS PRESENT: Julie Andres, Jim Delperdang Jerry Robinson, Walter Mendenhall

COUNCILMEMBER ABSENT: Jim Hentges

OTHERS PRESENT: Barbara Mendenhall, Owen Primavera, Dennis Colton, Joyce Waddell, Julie Delperdang, Ann Fitzgibbons, Sharlene Eckard, Carmen DeKoster, and Jason Peters.

After the Pledge of Allegiance the Mayor called the meeting to order at 5:30 P.M.

Council to discuss City issues with the Board of Adjustment, Planning and Zoning Commission, committees and other city officials. Owen Primavera, Chairman of the Board of Adjustment, stated that he was very proud of the Board of Adjustment. Primavera stated he feels that precedent and consistency is very important. Primavera stated that he was also concerned over transient merchants. Primavera stated that he feels the City should stay are residential as possible.

Delperdang inquired as to the status of the new fireworks bill that was passed by Legislature. A discussion between the Council and those in attendance took place regarding how this bill would affect the City and whether steps should be taken to regulate where the sale of fireworks could take place. Jason Peters explained that any changes to the zoning code would first require a recommendation from the Planning and Zoning Commission. Andres and Mayor VanderWoude suggested that the City move forward to adapt the City’s Zoning Code to address the sale of fireworks.

Barbara Mendenhall reminded everyone that the New Lakeshore Landscaping Ordinance was in effect and explained that there was some confusion this fall over this matter due to the wrong version being published.

With no further comments or topics wished to be discussed, Mayor VanderWoude asked for a motion to adjourn. Robinson/Andres moved to adjourn. All ayes. Mayor VanderWoude adjourned meeting at 6:00 P.M.

Council, Board of Adjustment members, Planning and Zoning members, and other city officials to meet at the Outrigger after discussion. At this time Mayor VanderWoude thanked everyone for their service to the City of Okoboji and that dinner would be served at Outrigger.

Mary VanderWoude, Mayor

dcn 0517-8

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City of Orleans Regular Council Meeting

May 8, 2017

The Orleans City Council met in regular session Monday, May 8, 2017 at Orleans City Hall. Mayor Bill Maas called the meeting to order with the recital of the Pledge of Allegiance at 7:00 p.m. Council present: Kristine Hoss, Eric Anderson, Terry Wilts, Benjamin Radcliffe. Absent: Keith Ostrum. Others present: Tom Hoffman, Ron Harris, Josh Kirschbaum, Don Hemphill, Jim Lane, Don Parsons, Denise Parsons, Brenda Kraft. Peggy Rick.

Motion Anderson, second Hoss to approve April minutes, treasurer’s report and bills for payment as presented. Motion carried 4-0.

Don and Denise Parsons and Brenda Kraft expressed concerns regarding improvements by the City to the boat ramp at Sunset Park. They presented a letter of concern for the increased use and potential parking in the area. Mark Soeth also submitted a letter that Mayor Maas read regarding the intended use of the land when his family donated it to the City several years ago. The Mayor and council explained that the area already has an existing ramp being used by the public, mostly in the Winter months and the City is simply making improvements to prevent erosion into the lake and also to the approach as it gets deep ruts and area tore up each year which requires continued maintenance. The City is simply pouring a cement approach to alleviate soil erosion and ongoing maintenance of the ground. It is not intended to be used as a ramp for large pleasure boats it is simply to continue to serve those that have used it in the past. Additional parking is planned on 3rd Street, which is currently a grass area but is a city owned platted street that may be opened for parking if needed.

Mayor Maas reported that the company he contacted to perform the LID landscaping work on 140th in conjunction with the County grant are not able to complete the work this Spring. Mayor Maas contacted the County to see if the grant could be extended until Fall. They indicated they would rather see this type of work done in the Fall anyway so Maas will follow up and get work lined up to be completed in Fall of 2017.

Council member Hoss updated council on 140th street sidewalk repairs. She has contractor scheduled to perform work prior to Memorial weekend, however, City Attorney Hemphill reported that if the city is going to assess the property owners for the work then the work will have to be delayed until the council approves the legal process for assessing property for the work. Motion Hoss, second Anderson to begin assessment process for sidewalk repairs. Motion carried 4-0.

Tom Hoffman reported on the Jensen drainage on 253rd and he is was not able to find any existing drainage. Council member Anderson suggested that he get with Wedeking’s to work backwards where the water drains by Ron Harris and jet backwards to see if an outlet can be found.

Jim Lane submitted dock permit to install dock on Sunset. He has received his conditional DNR dock permit contingent upon Orleans Council approval and he has provided his certificate of insurance. Motion Wilts, second Hoss to approve Lane dock permit at 13718 Sunset Dr. Motion carried 4-0.

Mayor Maas informed council that the Dickinson County Landfill Commission received complaint of a bunch of railroad ties being brought the landfill so they asked the landfill about it and they said they are complying with all laws and that they own the landfill and can allow if they so choose.

City Attorney Hemphill reported that he has heard from the Renfeldt’s regarding the dilapidated building nuisance on Center Dr and he has agreed to tear the structure down.

The following bills were approved for payment:

May 2017 CLAIMS REPORT

Payee-Memo-Amount

Alliant Energy

utilities & street lights/siren-$1,336.86

Avenet

Web site service package-$500.00

Beck Excavating

damaged lawn/seeding 252nd Ave

$479.64

Black Hills Energy-utilities-$52.90

Century Link-utlitities-$45.48

City of Spirit Lake-utilities-$25.12

Vrenae Daly-wages May -$886.62

Dickinson County Engineer

16-17 Maintenance agreement

$2,725.00

Dickinson County News

legal publications-$65.42

Hemphill Law-Legal fees-$778.70

Tom Hoffman

trimmed trees/fire hyrdant trimming shutoffs/sign install-$391.10

Iowa One Call

Locates -$76.50

IPERS-

IPERS withholding May-$262.04

Kidd Construction-Locates -$2,635.00

Bill Maas-wages May -$231.50

Peggy Rick

April Spring cleanup/mowing, park repairs-$755.00

Shamrock Recycling

recycling hauling-$286.54

Spirit Lake Police Dept

Services April-$1,696.00

T & C Tree Service

tree trimming-$2,700.00

Town & Country

garbage service -$2,694.00

USPS-stamps-$245.00

Waste Management

landfill fees 2nd 1/2 March & all April

$1,554.16

TOTAL CLAIMS SUBMITTED FOR APPROVAL MAY-$20,422.58

MONTHLY REVENUES APRIL 2017

Payee:-For:-Amount:

Citizens

Building permits-$385.00

City of Spirit Lake

Water meter charges-$5,142.67

Dickinson County Treasurer

General Property taxes-$96,058.52

Dickinson County Treasurer

Debt Service taxes-$41,570.76

IPAIT-Interest-$292.05

Northwest Bank-Interest-$0.05

State of Iowa

Local option sales tax-$8,355.26

State of Iowa-Road Use Tax-$4,258.58

TOTAL MONTHLY REVENUES APRIL 2017: $156,062.89

There being no further business, motion Anderson, second Radcliffe to adjourn 7:58 p.m.

Respectfully submitted,

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Vrenae Daly, CMC/MMC, Orleans City Clerk

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ORLEANS BOARD

OF ADJUSTMENT

PUBLIC HEARING NOTICE ON THE

CONSIDERATION OF VARIANCE REQUEST

Pursuant to the Requirements of Section 23.3 of the Orleans Zoning Ordinance the Board of Adjustment will conduct a public hearing for a requested variance by Eric Anderson for property located at 13115 253rd Avenue, Orleans, Iowa 51360. The property is legally described as Lots 43 and 44 in Inwood Park subdivision, City of Orleans, Dickinson County, Iowa. The hearing will be held on Tuesday, May 30th, 2017 at 5:00 p.m. in the Orleans City Hall. The purpose of the hearing will be to hear a request from the applicant for a variance from the requirements of Section 6.5 of the Orleans Zoning Ordinance (Site Development Regulations in R-1 Lakeshore Residential District). Mr. Anderson is proposing to construct an addition to connect the house garage to a detached garage which result in the principal residential dwelling encroaching updwards of 17 feet into the required rear yard setback. Written comments are accepted and should be addressed to Vrenae Daly, City Clerk, P.O. Box 345, Orleans, Iowa 51360. All interested persons are encouraged to attend this public hearing. For additional information, or to make arrangements for disabled or non-English speaking individuals, please contact the City Clerk at 712-336-8156.

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City of West Okoboji

Regular Council Meeting

501 Terrace Park Blvd

May 8, 2017 – 6:30 p.m.

Presiding Mayor, Traughber

Council Present Hein, Petersen, Paxton; Absent: Olson, Ladegaard

Manager-Clerk Ballis

Other Present Joan O’Brien, Jim Hietbrink, Jason Eckard

Motion-Paxton/Seconded-Petersen/Ayes-3/Nays-0/carried to approve the agenda

Motion-Paxton /Seconded-Hein/Ayes-3/Nays-0/carried to approve April 13, 2017 Minutes

Motion-Hein /Seconded-Petersen /Ayes-3/Nays-0/carried to approve the Cash Report for April, 2017

Motion Hein /Seconded-Paxton /Ayes-3/Nays-0/carried to approve claims for the month

Committee Reports:

Street - Eckard explained to the Council that the City of Arnolds Park has given us a bid for the West Okoboji Road Project. Arnolds Park has decided to go with the Street Overlay option and that the City of West Okoboji will be responsible for one-third of the cost. At this time fall is the scheduled start date.

Eckard also explained that he will be meeting with Blacktop Service this week to go over what roads in the City will need to be sealed and coated this year.

Water - Eckard has passed his Water Operators Licensing test.

The 2016 Water Quality Report is now available for viewing on the Cities website or at City Hall.

Parks & Recreation - Peterson asked Eckard about Alex Danbom Park and its plantings for this year. Eckard explained the park will be sprayed for weeds this week. Low maintenance plantings have been planned for purchase and mulch will be used around the beds, sign and pole. Peterson asked Eckard to let her know when everything is in place and she will help with that project.

Old Business

Council to discuss revision of Chapter 92 of the Code of Ordinances:

Ballis explained that the City is in the process of updating its Code of Ordinances and now is the time to make any revisions to this Chapter. Ballis proposed we revert back to a quarterly billing cycle starting July 2018. This will allow Eckard and Ballis to get through the upcoming billing period and do some maintenance on meters throughout town.

Ballis also proposed to add the following sections to the current code: Customer Deposits, Unoccupied Structures, Change of Ownership or Rental and Change of Customer. Ballis explained it is important to add these chapters to protect the City and its residents and that we have a set of rules for such things as they occur.

The Council agreed this would be a good time to incorporate these changes. No action taken, information only.

RESOLUTION 2017-5-1 to approve setting a Public Hearing on an Ordinance to Amend Chapter 92, Section 92.03 Rates Outside the City; Section 92.04 (4) Late Payment Penalty Fee; Section 92.05 (4) Service Discontinued Fees; Section 92.09 Temporary Vacancy; Section 92.10 Customer Deposits; Section 92.11 Unoccupied Structures; Section 92.12 Change of Ownership or Rental; Section 92.13 Change of Customer.

Motion-Paxton/Seconded-Hein/Ayes-3/Nays-0/carried to approve a Public Hearing to Amend Chapter 92 for June 12, 2017 at 6:30 pm at West Okoboji City Hall.

Ayes: Hein, Paxton, Petersen

Nays: None

RESOLUTION 2017-5-2 to approve the City of West Okoboji to acquire an 11 foot City Drainage Easement for 1st Street Storm Sewer Project at 3011 and 3013 1st Street.

Motion-Hein/Seconded-Paxton/Roll call all Ayes-3/Nays-0/carried for the City of West Okoboji to acquire an 11 foot Drainage Easement for a Storm Sewer at 3011 and 3013 1st Street.

Ayes: Hein, Paxton, Petersen

Nays: None

RESOLUTION 2017-5-3 to accept the contract and bond from ABC Service of Estherville, Iowa in the amount of $25,015.00 for the 2017 1st Street Storm Sewer Project.

Motion-Hein/Seconded-Petersen/Roll call all Ayes-3/Nays-0/carried to accept the contract and bond from ABC Service of Estherville, Iowa in the amount of $25,015.00 for the 2017 1st Street Storm Sewer Project.

Ayes: Hein, Paxton, Petersen

Nays: None

Council to consider application for payment #1 (Final) for the 2017 Street Storm Sewer Project in the amount of $22,971.00 payable to ABC Services.

Motion-Hein/Seconded-Paxton/Roll call all Ayes-3/Nays-0/carried to approve final payment to ABC Services in the amount of $22,971.00.

Ayes: Hein, Paxton, Petersen

Nays: None

Council to consider appointing Public Works Director Jason Eckard as the Water and Street Superintendent.

Motion-Petersen/Seconded-Hein/Ayes-3/Nays-0/carried to appoint Jason Eckard as the Water and Street Superintendent for the City of West Okoboji.

Council to discuss Public Works Director Jason Eckard’s reimbursement for City business use on his personal cell phone.

Councilman Paxton asked the Council if the City wanted to reimburse Eckard for his personal phone or to purchase one through the City for his use. Eckard stated since his personal phone number was already public knowledge it would make more sense for reimbursement. Ballis was asked what it would cost for him to have a phone through the City in which she replied about $65.00 a month. Motion to approve a cell phone reimbursement to Eckard for $50.00 per month on a semiannual basis – Paxton/Seconded-Hein. Motion carried.

Council to consider a Donation to Dickinson County Emergency Management for an infrared camera.

Motion to approve a donation of $1000.00 for an infrared camera to Dickinson County Emergency Management – Petersen/Seconded-Hein. Motion carried.

Council to consider approval of Transient Merchant Permit for Midwest Garden Center, Inc.

Motion to approve Transient Merchant Permit for Midwest Garden Center, Inc. to be set up on the property of Oh Shucks – Petersen/Seconded Hein. Motion carried.

Jim Hietbrink – Maywood Association request permission to install a small culvert for the stream that runs through Lake Street.

Mr. Hietbrink was present to request to the Council their permission to install a small culvert for the stream that runs through Lake Street (Maywood Ravine). He stated there are planks used for crossing at the present time and that is it not very safe. He explained this culvert would eliminate the need for these planks and therefore make it easier for mowing, hoist installers and members with mobility issues to access this area. Hietbrink stated the Maywood Association would assume all costs for this project and work with the City upon placement and any other requirements. Mayor Traughber asked what size tile would be used and Councilman Paxton asked about a timeframe for completion. Hietbrink said he had not gotten that far with the project. Getting permission from the Council was his first step but that he would leave the specifications of the project to the professionals. Once a plan is in place he will contact Eckard before work commences. Motion to grant permission to install a small culvert for the stream that runs through Lake Street – Hein/Seconded-Petersen. Motion Carried.

Council Reports: Hein asked about a Fireworks Ordinance now that the bill has been signed. Ballis stated that she had been in contact with Iowa Codification and that since this is so new an example Chapter is not available at this time. Once Iowa Codification has something in place they are to send it to her. Ballis has also been in contact with other cities in Iowa with the same results. The Council agreed that whatever is decided the area towns should be the same if not similar in Ordinance. Future discussion on this topic will continue in upcoming meetings.

Administrative Reports: Ballis explained she has been in contact with Iowa Codification and they will have an updated Code of Ordinances for the City available for review in July or August.

Ballis stated Alliant Energy gr