Legals - Week of 8.2.17

Tuesday, August 1, 2017

THE IOWA DISTRICT COURT

DICKINSON COUNTY

NICK CHARLES STEFFES, Plaintiff(s),

CASE NO. CDCD003112

ORIGINAL NOTICE

vs.

BRITTINI CHANNING STEFFES, Defendant(s).

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, which petition prays that the Court enter a Decree dissolving the marriage of Petitioner and Respondent; that all real and personal property owned by the parties, and indebtedness of the parties be divided; and the Parties have such other and further relief as the Court deems just and equitable in this matter. The name and address of the attorney for the plaintiff(s) is Kristina M. Gigstad. The attorney’s phone number is 712-330-5642; facsimile number: 866-893-2758.

You must serve a motion or answer on or before 20 days of the last publication of this notice, and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Dickinson County, at the courthouse in Spirit Lake, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition.

You are further notified that the above case has been filed in a county that utilizes electronic filing. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (712) 279-6035. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942)

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

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NOTICE OF SHERIFF’S LEVY AND SALE

STATE OF IOWA

Dickinson County

Iowa District Court

COURT CASE # EQCV027925

Dickinson County

THE STATE BANK

Special Execution

PLAINTIFF

VS

JOHN RADCLIFFE, II, CARLA S. RADCLIFFE, FCA CO-OP, AND UNITED STATES TREASURY-INTERNAL REVENUE SERVICE- AMENDED

DEFENDANT (Judgment Debtor)

As a result of the judgment rendered in the above referenced court case, an execution was issued by the court to the Sheriff of this county. The execution ordered the sale of defendant(s) to satisfy the judgment. The Property to be sold is Real Estate as described below:

LOCAL ADDRESS:

2941 160TH STREET- SPIRIT LAKE, IA 51360

LEGAL DESCRIPTION:

A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 99 NORTH, RANGE 35 WEST OF THE 5TH P.M. DICKINSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 614 FEET ALONG THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 614 FEET PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER TO THE NORTH LINE OF THE SAID NORTHWEST QUARTER; THENCE EAST 710 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE POINT OF BEGINNING.

Accruing Costs

The described property will be offered for sale at public auction for cash only as follows:

Date of Sale is 8/29/2017 at 9:00 AM at the Dickinson County Sheriff Office-Courthouse

This sale is subject to redemption. After the sale of real estate, defendant may redeem the property within 8/29/2018

Judgment amount: $ 266,625.20

Costs: $ 12,310.24

Accruing plus Costs: Plus

Interest 38.02

Dated: 7/24/2017 Sheriff Greg L. Baloun, Dickinson County, Iowa.

Attorney

1003 18th Street

Spirit Lake, IA 51360

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THE IOWA DISTRICT COURT, DICKINSON COUNTY

IN THE ESTATE OF MARY I. BUCKINGHAM, Deceased.

Probate No. ESPR014342

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

To All Persons Interested in the Estate of Mary I. Buckingham, Deceased, who died on or about April 21, 2017:

You are hereby notified that on the 24th day of April, 2017, the last will and testament of Mary I. Buckingham, deceased, bearing date of the 1st day of August, 2007, was admitted to probate in the above named court and that Nancy Hawn and Susan Kellen were appointed executors 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 24th day of May, 2017.

Nancy Hawn and Susan Kellen

Executors of estate

25340 165th Street, Spirit Lake, IA 51360 and 1108 K Avenue, Milford, IA 51351

Address

Michael J. Chozen

Attorney for executor

Michael J. Chozen & Associates

1003 18th Street

Spirit Lake, Iowa 51360

Date of second publication

_9th_ day of _August__, 20_17_

Probate Code Section 304

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Attest July 11, 2017

Central Water System Regular Board Meeting

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

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

AT&T sent a new rental agreement for the Okoboji water tower antenna. Nothing will be done at this time as the existing agreement is good through the year 2023.

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

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Anthony Gray, Supt.Wheeler J Hinshaw, Chairman

Federal Withholding-$680.00

Social Security-$1,415.24

State Withholding-$1,332.00

IPERS-$1,376.40

Wages-$6,868.04

Alliant Energy-$8,472.87

Black Hills Energy-$30.93

Blue Cross/ Blue Shield-$2,079.69

Bomgaars-$171.95

Card Service Center-$195.31

CenturyLink-$285.98

Dickinson County News-$24.31

Hawkins, Inc-$11,909.32

Iowa Workforce Development-$27.75

Iowa DNR-$25.00

State Hygienic Lab-$99.50

Telplex-$39.58

Winther & Stave & Co-$5,579.08

Ziegler Cat-$5,4884.93

Tony Gray-$240.00

Mike Freke-$240.00

Mike Freke-$327.73

Citizen’s Credit Union-$1,675.00

Bank Midwest-$1,675.00

Total Claims-$50,255.61

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PUBLIC NOTICE

NOTICE OF HEARING ON PROPOSEFD ANNEXATION OF LANDS TO CLAY, DICKINSON, AND EMMET COUNTY JOINT DRAINAGE DISTRICT NO. 61 OPEN DITCH

TO: BWT Holdings LLLP, Arlene M. Heller Revocable Trust, Leonard E. Heller Revocable Trust, New Fashion Pork, LLP, Palo Alto County, Svuba Farms, Inc., Gordon M. Tonderum, and to all lien holders and encumbrancers of any land within the proposed lands to be annexed and also to all other persons to whom it may concern and to the actual occupants of lands proposed to be annexed to said drainage district.

YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the Board of Supervisors of Clay, Dickinson, and Emmet County, Iowa, acting as Joint Trustees for Clay, Dickinson, and Emmet County Drainage District No. 61, Open Ditch, has directed the engineering firm of Jacobson-Westergard and Associates to examine additional lands contiguous to Joint Drainage District No. 61 Open Ditch, who benefit and should be annexed into and become a part of Joint Drainage District Dickinson County Drainage District No. 61 Open Ditch.

YOU ARE FURTHER NOTIFIED that the engineer has filed a report recommending the annexation of such lands, which report shows that such lands are receiving benefit or will be materially benefited by repairs and improvements to the district, and that such report is on file in the office of the Dickinson County Auditor and on the county website at: dickinsoncountyiowa.org.

YOU ARE FURTHER NOTIFIED that the Joint Board of Supervisors has tentatively approved said report recommending annexation as feasible, expedient, and for the public good, and that a hearing will be held on said report before the Joint Board of Supervisors at the Community Room Courthouse, Spirit Lake, Iowa, on the 22nd day of August, 2017, at 10:15 A.M.

YOU ARE FURTHER NOTIFIED that all objections to the proposed annexation for any reason, and all claims for damages, except claims required for land right-of-way, must be in writing and filed with the Joint Board, at or before the time set for said hearing. Objections should be sent to the Dickinson County Auditor, as Control County. At said hearing the Joint Boards will hear objections to the feasibility of the proposed annexation.

YOU ARE FURTER NOTIFIED that at said hearing or adjournment thereof, the Joint Board of Supervisors will consider said engineer’s report and all objections thereto and act upon said report and determine whether or not such lands shall be annexed to said drainage district.

Dated this 24th day of July, 2017.

Marjorie Pitts, Clay County Auditor

Lori Pedersen, Dickinson County Auditor

Amy Sathoff, Emmet County Auditor

The following real estate is proposed to be annexed into Joint Drainage District No. 61 Open Ditch:

6-97-34NW NE
6-97-34NE NW
6-97-34NW NW
6-97-34SW NW
6-97-34SE NW
6-97-34NE SW
6-97-34NW SW
6-97-34SW SW EXC TRACT
6-97-34TRACT IN SW SW
6-97-34SE SW
7-97-34NW NW
7-97-34SW NW
7-97-34SE NW
7-97-34NE SW
7-97-34NW SW
6&7-97-34ROAD R-O-W

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Dickinson County Trail Board Meeting 7-14-17

Board Present: Harrington, Huseman, Maas, Morrow, Sackett, Steffes, Taylor, ED Reed

Board Absent: Martin, Richter, Rierson

1. Quorum determined to be present.

2. Adoption of Agenda, Minutes, Approval, Bills/Claims Approval: Motion by Taylor and 2nd by Sackett to approve the consent agenda. Carried.

3. Introduction of visitors: B. Cuperus DCCB, P. Jordan BOS

4. Bills & Claims 7-14-17: US Bank-Trails credit card $20 (Constant contact 7/6/17): Alliant Energy $140.76 (Tunnel lights 6/2/17-7/7/17): M. Carlson $45 (Secretarial June): Dickinson County News $39.34 (June meeting minutes): Beck Engineering $2,847.50 (Engineering-Trail improvements: Gordon Dr. & Trestle Bridge): Diamond Concrete $15,709 (East Okoboji Slough-Pavement replacement & slope stabilization): Diamond Concrete $2,575 (Kart Ranch-Additional drain/grate, curb & paving): Bohlmann, Inc.$ 2,140 (3 Trail benches, plaques & shipping): Eco-Counter, Inc. $27, 040 (8 PYRO trail counters, accessories & shipping): Web Graphics $356.44 (Fundraiser posters, ad design & reserved cards): Web Graphics $707.26 (Fundraiser invites and postage): Chef Susanne Bicknese $3,500 (Fundraiser catering): Grand Occasions $453.05 (Fundraiser linens): US Bank-Trails credit card $100 (Fundraiser raffle prize): US Bank-Trails credit card $40 (Fundraiser Facebook advertisements): US Bank-Trails credit card $1,287.50 (Fundraiser Pavilion bar & screen rental): US Bank-Trails credit card $51.30 (USPS-mail 5 copies each of Jones Pasture & Rail Trail grants, stamps): Lakes News Shopper $358.05 (Fundraiser advertisements): Ichi bikes $400 (bike for fundraiser auction): Jacobson-Westergard $3,509.35 (E12133 Engineering Highway 86 trail improvements).

NEW BUSINESS:

a. PLAC Trail Connector – a privately funded trail along Hwy 71 from PLAC trailhead north to 41st St. was discussed.

b. July Nonprofit Challenge – board will promote through variety of social media.

OLD BUSINES:

a. Ongoing Projects

• Railroad – preconstruction meeting will be Tuesday, July 18, 2017. 2018 State Recreational Trails grant was submitted.

• Jones Pasture – 2018 State Recreational Trails grant was submitted; decision in October.

b. Maintenance Update

• Kart Ranch – repair is complete.

• East Okoboji Slough – the bank stabilization and concrete pavement preplacement have been completed.

• Annual Spine Trail Maintenance – fog seal on south 3.2 miles in Milford is complete. Crack and slurry seal complete on East Okoboji Slough trail with fog seal remaining

• City of Okoboji Project – expected to start after Labor Day.

• Trail counters have arrived; reviewed counter placement options.

• PLAC Trail & Bridge – trail near PLAC has a few sections in need of replacement and bridge will need repairs.

c. J & W bills – motion by Sackett and 2nd by Maas to pay bills on 175th to 180th St. Trail project. Carried.

d. 2017 Fundraiser/Friends Committee – fundraiser was deemed successful; an ad thanking sponsors will be published. Next Friends meeting will be August 15, 2017.

Motion by Sackett and 2nd by Maas to adjourn. Carried.

Next Trail Board Meeting will by Friday, August 11, 2017.

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CITY OF ARNOLDS PARK

NOTICE OF PUBLIC MEETING

Notice is hereby given that the Arnolds Park City Council will conduct an informational public meeting on Wednesday, August 16, 2017 at 6:00 p.m. at the Arnolds Park City Hall, 156 N Hwy. 71, Arnolds Park, IA 51331. It is the Council’s intent to improve the pedestrian walkway along West Lake Okoboji from 623 Sunset Drive to 143 Pillsbury Point; and additionally, around Pillsbury Point to Monument Drive in Arnolds Park, IA. If you have any questions concerning this proposed project, or if you require special accommodations to attend the informational public meeting, you may contact the Arnolds Park City Hall at (712) 332-2341, weekdays from 8:00 a.m. to 5:00 p.m. All interested parties are welcome and encouraged to attend.Wanda Thielen

City Clerk

Date of Notice: August 2, 2017

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News Release

Winther, Stave, & Co., LLP, Spencer, Iowa has recently released an audit report on Central Water System, Okoboji, Iowa.

The System’s receipts totaled $471.996 for the year ended December 31, 2016. Operating disbursements for the year for business-type activities totaled $480,150. Nonoperating receipts totaled $331,101. Cash balances increased $22,947 during the year.

A copy of the audit report is available for review in the office of the Auditor of State and the System’s office.

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City of Spirit Lake

Drainage District # 22

Tuesday, July 24, 2017

City Hall Council Chambers

Present: Andera, Bice, Harbst, Fisher Absent: Chappas, Farmer. Also Present: Gregg Owens

APPROVAL OF BILLS

Motion by Bice, seconded by Fisher to approve the bills of July, 2017. Motion carried unanimously.

Beck Engineering, IncServices$5,240.00
Wedeking Excavating, Inc.Services715.80
Dickinson Co NewsPublication15.47

RESOLUTION NO. 2017-07

RESOLUTION APPROVING PAY APPLICATION #2 FOR THE 2017 DD#22

DRAINAGE IMPROVEMENTS PROJECT

Harbst introduced and caused to be read Resolution No. 2017-07 and moved for its adoption, which was seconded by Fisher. Aye: Bice, Fisher, Harbst. Resolution duly adopted.

COMMENTS BY MAYOR, COUNCIL AND STAFF

Councilmember Fisher passed along a thank you from Merlin Stover for completion of the drainage improvement project.

ADJOURNMENT

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

Blain Andera, Mayor

Gregg L. Owens, City Administrator

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PUBLIC HEARING

The Wahpeton Board of Adjustment will conduct a public hearing on Thursday, August 17, 2017

at 5:00 p.m. in the Wahpeton City Hall to consider the following:

- A construction permit request for Cornelius Conover of 1103 Waska Drive, Milford, IA 51351. The Conover’s are requesting a variance to replace the existing front porch (Lakeside Ave.) side of the house, with a larger front porch of 26’4” x 13’. This new porch would be a screened in porch. The proposed new porch would not meet the current setbacks. The Residential District setback regulations are 165.04.5.

Any party of interest may appear at the hearing to express views on the granting or denial of this permit or ruling. Written comments should be mailed or delivered to the office of the City Clerk on or before the above date.Jess Radcliffe, Zoning Administrator

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PUBLIC NOTICE TO WHOM IT MAY CONCERN

You are hereby notified that the Dickinson County Zoning Administrator has received an application for rezoning submitted by Leo Parks, Jr., contract purchaser, and Lutheran Lakeside Camp Assoc., deed holder from the A-1 Agricultural District to the GC General Commercial District on the following described property:

The East 345.00 feet of the West 690.00 feet of Gov’t Lot 2, Section 16, Township 99, Range 36, West of the 5th P.M., Dickinson County Iowa. Except the North 144.33 feet of said Gov’t Lot 2, All subject to easements of record for utilities. Containing 10.12 acres.

A public hearing will be held by the Planning and Zoning Commission on

Monday, August 21, 2017 in the community room, first floor of the Dickinson County

Courthouse, 1802 Hill Avenue, Spirit Lake, Iowa at 1:00 p.m.

David L. Kohlhaase

Zoning Administrator

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Dickinson County Board of Supervisors

July 11, 2017

9:00 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.

Moved by Jordan, seconded by Allen, to approve the June 27, 2017 Board Meeting Minutes as presented to the board. Roll call vote: Jordan -aye, Allen-aye, Johnson-aye, Fairchild-aye, and Leupold-aye.

Moved by Allen, seconded by Fairchild, to approve the June 28, 2017 Board Meeting Minutes as presented to the board. Roll call vote: Allen-aye, Fairchild-aye, Johnson-aye, Jordan-aye, and Leupold-abstained.

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

Claims Listing 7-11-2017

Ahlers & Cooney P.C.-1,000.00

Alissa Holtz- 210.79

Alliant Energy-173.53

Amy Schmeling- 196.88

Ann Miller- 95.01

Arnold Motor Supply-717.68

Aureon Technologies Inc.-1,380.00

Avera lakes Family Practice-41.03

Ban-Koe Systems Inc.-856.00

Beck Engineering Inc.-1,065.00

Beth Will- 140.17

Black Hills Energy-1,421.01

Boyer Trucks Sioux Falls-142.40

Calhoun-Burns & Assoc. Inc.-1,936.10

Central Bank-32,892.87

CenturyLink-575.14

Connie Goldtrap-276.76

Continental Research Coop-222.02

Cooperative Elevator Assoc.-1,130.52

Cornell Abstract Co.-600.00

Cottingham & Butler-2,083.33

Culligan of Spencer-11.90

Cummins Central Power LLC-1,449.29

D & K Repair- 76.22

David L. Kohlhaase-296.93

Debra M. Mckeever-476.00

Dickinson County Animal Clinic-56.00

Dickinson County Treasurer-2,314.98

Dickinson County Public Health-

25,503.04

Dickinson County News-64.09

Ed Vos-1.07

Emmet County Sheriff’s Dept.-29.50

Employee Benefit Systems-915.98

Evertek Inc.-46.93

Fick’s Ace Hardware-18.65

Gillund Enterprises-546.60

Historic Arnolds Park-5,000.00

IA Community Assurance Pool- 272,831.00

IA Department of Natural Resources-75.00

IA Lakes Electric Coop-200.00

IA Lakes Regional Water-246.86

IACCVSO-45.00

ID Zone-195.00

IMWCA- 16,213.00

Inventory Trading Co.-112.00

IPAC-1,764.64

Jackson County Highway Department69,810.35

Jacobson Westergard Assoc.-318.50

James Kessler- 14.45

Jaycox Implement Inc.-41.40

Keith Hagedorn Construction-

99,347.28

Kris Rowley- 21.40

Lake Park Auto Parts-527.77

Lake Park Municipal Utilities-200.46

Lake Park, City of-567.44

Lakes News Shopper-118.80

Lube-Tech & Partners LLC-480.00

Mail Services LLC-714.62

Mainstay Systems Inc.-354.00

Marco-8,456.85

Matheson Tri-Gas, Inc.-16.80

Mediacom- 1,015.99

Milford Communications-137.28

Milford Electric Inc.-50.00

Milford Municipal Utilities-469.05

Motor Inn of Spirit Lake, Inc.-41.91

Newman Traffic Signs-1,568.25

Noteboom Implement LLC-96.93

NW IA Planning & Development2,078.00

NW IA Youth Emergency Services Center-3,782.00

Office Systems Co.-154.00

OH Shucks, Inc.-129.94

One Office Solution-276.94

Polk county Treasurers Office-366.50

Reekers Cleaning Service LLC-

14,938.69

Retired Senior Volunteer Program1,250.00

Sam Wedeking Excavating Inc.-

4,962.50

Sandy Law Firm-160.28

Sheehan Mack Sales & Equipment-854.43

Sioux Sales Company-53.90

Spencer Office Supplies-299.00

Spirit Lake, City of-1,364.59

Stanley Propane & Appliance-7,920.00

State-486.04

State Medical Examiner-1,573.00

Terril Telephone Cooperative-44.11

Terril, City of- 46.20

The Schneider Corporation-1,020.00

Thomson-Reuters-West-1,482.29

Town & County Tree Service-648.00

TriI-State Litho Ltd.-42.50

Tyler Technologies Inc.-10,745.41

US Bank- 2,378.46

US Cellular- 736.41

US Postmaster- 52.00

Verizon Wireless-120.03

Vogel Traffic Services Inc.- 64,225.15

Voluntary Action Center-1,250.00

Walmart Community-68.86

Wex Bank-5,601.12

Wheatley Plg. & Htg.-614.68

Ziegler, Inc.- 55.31

689,795.79
Stamped Warrants IssuedJacobson-Westergard Assoc.DD JT61 CDE 5,498.70
Cory ORY JUERGENS CONSTR. LLCDD JT61 CDE-Pay#3 68,178.85
CORY JUERGENS CONSTR. LLCDD JT61 CDE-Pay#425,299.1898,976.73
GRAND TOTAL788,772.52

Moved by Jordan, seconded by Allen, to approve the Fireworks Display Permit for Tal Allen d/b/a J&M Displays, Inc. The display will be held at 2491 170th Street, Spirit Lake, Iowa on July 22, 2017. The operator will be Tal Allen. A certificate of liability has been attached to the permit as required. Roll call vote: Jordan-aye, Allen-aye, Johnson-aye, Fairchild-aye, and Leupold-aye.

Supervisor Johnson explained to the board that in recent weeks he had had the opportunity to visit with a couple of employees from Hope Haven. Hope Haven is currently in a lease agreement with county owned property located at 1710 Gary Avenue. It was brought to Johnson’s attention that the current facility housed only one uni-sex restroom which does not meet the current ADA standard requirements. There are currently 9 employees at the facility, the facility also services clients on a day to day basis. Johnson and Building and Grounds Director Clark Reekers took a tour of the building. Reekers was directed to obtain bids for the renovation of the current and installation of a second restroom, both being ADA compliant. Reekers has obtained one quote thus far and would like to do some additional research prior to the board making a decision. Supervisor Allen stated that the newly signed lease may need to be re-opened if the expense is approved, in which Supervisor Fairchild suggested that the county reduce the purchase price of the building by the amount of the renovation. Assistant County Attorney Lonnie Saunders has been directed to contact of the Manager of Hope Haven. Topic has been tabled until a future meeting.

Jason Harrington, CEO of Lakes regional Hospital present to introduce Brandon Rohrig, Director of Population and Public Health at Lakes Regional. Brandon presented a semi-annual update and highlights of Dickinson County Public Health. The current county funding is $8.53/capita. Dickinson County currently ranks 14th overall in county health rankings and outcomes (based on Iowa’s 99 counties). Future goals include, but are not limited to: increase in immunization coverage, transition from Blue Zones to Healthy Hometown which will be more inclusive to nearby communities, and researching the ability to integrate public health programs with alternative payments models to include the Medicare Shared Savings Accountable Care Organization.

10:00 a.m. Time for the Public Hearing on an existing manure management plan adding acres in Dickinson County. Chairman Leupold opened the Public Hearing. Zoning Administrator David Kohlhaase present along with facilities manager Jay Moore and facility owner Brad Freking (New Fashion Pork-NFP). The owner of the feeding operation is New Fashion Pork. The operation is located in the SW ¼ NW ¼ of Section 31, Emmet Township in Emmet County, Iowa; also known as Farm 253-Sanderson. The plan has a change to add acres (245 acres) in Dickinson County, Iowa that being part of the E ½ of Section 12 in Superior Township. An overview of the operation was given and owner and manager responded to questions from the board. At this point, Chairman Leupold opened the meeting to public comment. Diane Benjamin presented the board with a report written by Diane Rosenburg in which she points out possible errors in the manure analysis report submitted by NFP. Representative from NFP stated that each site unique and are closely monitored and analyzed on an ongoing basis. Chairman Leupold told the audience that each speaker was now allowed three minutes to talk, and must stay to the relevant topic. After further discussion, Chairman Leupold closed the Public Hearing. Moved by Johnson to send a letter of denial regarding the application presented. The letter will be sent to the DNR and legislators based on the loose document details and as a gesture that more work needs to be done on the Master Matrix. Allen seconded. Roll call vote: Johnson-aye, Allen-aye, Fairchild-aye, Jordan-aye, and Leupold-aye.

Mike Miller, a resident of Superior Township was preset to address the neighborhood concerns over the recent construction of farrowing/nursery barns in that area. Several neighbors also spoke of their concerns. No action was taken by the board.

County Recorder Ann Ditsworth present with her quarterly report and office updates. Revenues came in ahead of budgeted for Fiscal year 2017, and real estate continues to be strong.

Moved by Allen, seconded by Jordan, to approve the third and final payment of $5000 to Iowa Drainage District Association (IDDA) for support regarding the Des Moines Waterworks Suit. Roll call vote: Allen-aye, Johnson-aye, Jordan-aye, Fairchild-aye, and Leupold-aye.

Brenna Gunderson, Senior Development Manager of Apex Clean Energy present with updates regarding the Upland Prairie Wind Energy Project. The project area includes lands in Clay and Dickinson County. A total of 47-51 turbines will be placed in Westport and Okoboji Townships, in Dickinson County. It is estimated that the turbines will generate an estimated 12 million dollars in tax revenue for Dickinson County. Additionally, land lease payments to owners will be made in excess of 40 million over the two counties. Alliant Energy has acquired the rights to the project.

County Engineer present. Moved by Allen, seconded by Fairchild, to approve the placement of fiber optics cable in various locations throughout Milford and Lloyd Townships by Terril Telephone Cooperative. The purpose of the fiber optics is to upgrade the existing copper lines. Roll call vote: Allen-aye, Fairchild-aye, Johnson-aye, Jordan-aye, and Leupold-aye.

Moved by Fairchild, seconded by Johnson, to approve Iowa Lakes Regional Water to directionally bore a 1 ½ inch water line under 340th Avenue, located in Section #13 of Superior Township. The purpose of the installation is a new waterline. Roll call vote: Fairchild-aye, Johnson-aye, Allen-aye, Jordan-aye, and Leupold-aye.

Moved by Fairchild, seconded by Johnson, to allow Iowa Lakes Regional Water to directionally bore a 3 inch water line under 340th Avenue, located in Section #12 of Superior Township, this is also a new waterline. Roll call vote: Fairchild-aye, Johnson-aye, Allen-aye, Jordan-aye, and Leupold-aye.

Moved by Johnson, seconded by Allen, to approve a perpendicular road bore of a 3 inch water line under 160th Avenue between Westport Township, Section #36, and Okoboji Township, Section #31. This line will be approximately 270 feet south of the intersection of 260th Street and 160th Avenue. Roll call vote: Johnson-aye, Allen-aye, Fairchild-aye, Jordan-aye, and Leupold-aye.

The board choose to continue the discussion regarding drainage district repair work done in Section #3 of Westport Township for Ryan Shaw and Terri Christens to their next regularly scheduled board meeting.

Moved by Johnson, seconded by Allen, to approve the purchase of three (3) new John Deere 772 GP Motor Graders from Murphy Tractor of Fort Dodge, Iowa, in the amount of $791,100 which also includes the trade in of a 1997 Caterpillar 140H, and tow 2000 Caterpillar 140H Motor Graders. Roll call vote: Johnson-aye, Allen-aye, Fairchild-aye, Jordan-aye, and Leupold-aye.

The board deferred the discussion of Right of Way Obstructions to their next regularly scheduled meeting.

Supervisor Johnson left prior to adjournment.

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

There being no further items presented to the board this 11th day of July, 2017 it was moved by Fairchild, seconded byAllen, to adjourn. All voted aye.

Meeting adjourned to the call of the Chairperson at 12:33 p.m.

_William Leupold, Chairperson

_ Lori Pedersen, Auditor

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REGULAR MEETING OF THE BOARD OF TRUSTEES OF

THE IOWA GREAT LAKES SANITARY DISTRICT

July 11, 2017 3:00 P.M.

DISTRICT OFFICE, MILFORD, IOWA

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

Trustees went and looked at the newly installed UV system.

Trustees approved the purchase of a new Ricoh Multifunction coper and three year maintenance agreement with AB Business Solutions. (Senn/Rohlfsen), all ayes.

Trustees approved monitoring agreement with Accurate Coatings of Milford, IA (Bailey/Senn); all aye.

Trustees approved Partial Pay Application #2 for Project 2017-1 for $289617.00 (Rohlfsen/Hoppe); all aye.

Trustees took no action on starting a new CD. The Trustees approved reinvesting the new CD at United Community Bank at the rate of 1.55% for 12 months. (Boettcher/Rohlfsen); all aye.

Minutes for June 13, 2017 and June 27, 2017 were approved (Rohlfsen/Bailey); all aye. Financial report for June 2017 was reviewed and approved. Bills for June 2017 in the amount of $142,014.55 for the general fund was approved with a transfer of $195,000 from the general savings to general savings, and $307,339.68 from the construction fund with a transfer of $310,000 from construction savings to checking, (Senn/Hoppe); all ayes.

Trustees directed Wallack to move forward with an appeal of with the UV lawsuit. Also directed Wallack to make new offer to MPT with the final agreement need board approval.

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

ATTEST:
Robert H. Boettcher President Kae Hoppe, Clerk

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City of Spirit Lake

Regular City Council Meeting 5:30p.m.

Tuesday, July 25, 2017

City Council Chambers

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

Meeting called to order by Mayor Andera.

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

MINUTES

Motion by Bice seconded by Farmer to approve the minutes of the July 11, 2017 regular council meeting. Motion carried unanimously.

BILLS

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

ADVANTAGE COMPANIES

DIGITIZING NEWSPAPERS

$750.00

ALLIANT ENERGY/IPL

UTILITIES-$6,703.02

AMERICAN FAMILY LIFE ASSURANCE-AFLAC ACCIDENT-$1,061.76

BAKER & TAYLOR, INC.

BOOKS-$972.15

BOMGAARS SUPPLY INC

PAINT, PINE, BULBS-$1,493.81

BUSINESS TODAY

SERVICE CALL-$65.00

CAMPUS CLEANERS & LAUNDERERS -MATS-$48.00

CENTER POINT LARGE PRINT

LARGE PRINT BOOKS-$248.35

CENTURY LINK

PHONE-$351.07

CHASE CARD SERVICES

PARTS-HYDRAULIC WORLD

$789.39

CHRISTIANS SHEET METAL HVAC

MOTOR-$221.79

CITIBUSINESS CARD

SUPPLIES-$806.33

CLASS C SOLUTIONS GROUP

BATTERY, GLOVES, TIES, SCREWS

$154.04

D&K REPAIR

REPAIR A/C-2005 STERLING-$950.72

DEAN’S LAWN SERVICE

NUISANCE MOWING-$197.95

DEBERG CONCRETE INC

CITY HALL CONCRETE-$5,000.00

DICKINSON CO EMS ASSOC

FY18 SUPPORT-$3,630.00

DICKINSON CO NEWS

1 YEAR SUBSCRIPTION-$44.00

DUININCK-1/2’ MIX-$2,493.82

EFTPS-FED/FICA TAX-$20,998.59

EMC NATIONAL LIFE

POLICE LIFE INS AUG-$229.50

ENGINEERING & CONSTRUCTION

PAY APP #5

$297,092.82

FAREWAY STORES, INC.

CLEANING SUPPLIES-$16.93

FIELDSTONE SERVICES & PRODUCTS-CASING-$485.00

FOX INTERNATIONAL INC

WHEEL SEAL LEAK-91 TRAILER

$2,478.49

GALE GROUP

LARGE PRINT-$267.78

GRAYMONT CAPITAL, INC

LIME-$4,598.00

HAWKINS, INC-

CHEMICALS-$4,391.93

HD SUPPLY WATERWORKS LTD

VALVE EXT STEM-$464.53

HR GREEN INC

ENG-RAW WATER INTAKE-$27,102.25

IA DEPT OF NATURAL RESOURCES

WATER 1 CERTIFICATE

$80.00

IA LAKES ELECTRIC CO-OP

UTILITIES-$842.32

IA ONE CALL-LOCATES-$110.50

IMWCA-FY18 PREMIUM PAYMENT 3 OF 8-$5,553.00

IOWA LAKES CORRIDOR DEV. CORP -FY18 SUPPORT-$20,000.00

IOWA LAKES REGIONAL WATER

UTILITIES-$61.77

IPERS

IPERS- PROTECTN-$24,727.69

JUNIOR LIBRARY GUILD

CHILDREN’S BOOKS

$194.70

LAKES CEMENT LEVELING LLC

26TH & KEOKUK/22ND & ERIE

$650.00

LAKES REGIONAL HEALTHCARE

RANDOM TESTING-$116.00

MATHESON TRI-GAS, INC

SWITCH-$22.16

MEDIACOM LLC

INTERNET-$219.90

MARY MEINKING CHAMBERS

CHILDREN’S BOOKS-$176.00

MIDWEST TURF IRRIGATION

PARTS-$133.93

MUESKE ELECTRIC INC.

BULBS-$2,119.30

NW IA PLANNING & DEVELOP COMM

FY18 SHIELD DRAW #1-$2,000.00

OKOBOJI MOTOR COMPANY

SERVICE ‘16 TAHOE-$89.57

ONE OFFICE SOLUTION

CART FOR NURSING HOMES-$107.45

PETTY CASH - LIBRARY

POSTAGE-$139.36

PLIC - SBD GRAND ISLAND

LIFE INS AUG-$948.11

RON’S REPAIR INC

FILTER-$264.22

SECURE BENEFITS SYSTEMS

UNREIMB. MED-$1,535.14

SHORT ELLIOTT HENDRICKSON INC -ENG-POLICE STATION IMPROVE-$218.00

SPENCER MUNI HOSPITAL

CPR CARD-$6.00

SPIRIT LAKE CHAMBER COMMERCE-FY18 SUPPORT JUL-SEP-$14,250.00

SPIRIT LAKE KIWANIS

16.27 TONS PAPER RECYCLE-$244.05

SPIRIT LAKE TOWN & COUNTRY VET-ANIMAL CONTROL-$1,219.00

STATE HYGIENIC LAB

TESTING-$456.50

STATE INDUSTRIAL PRODUCTS

PEST REPEL-$311.96

STATE OF IOWA - PR TAXES

STATE TAX-$7,086.00

STOREY-KENWORTHY CO.

OFFICE SUPPLIES-$35.99

TEI LANDMARK AUDIO

AUDIO BOOKS (1800 PREPAY)

$2,419.71

TOM’S PLUMBING & HEATING LLC -REPAIR HVAC-$216.00

U.S. POSTAL SERVICE (BY-PHONE)

REFILL POSTAGE METER-$1,500.00

UTILITY EQUIPMENT CO

COUPLING, PARTS-$487.69

VANDER HAAG’S, INC.

SPLINE-$107.42

VERIZON WIRELESS

PHONE-$1,003.61

DON VOS

SAFETY ALLOWANCE-$171.19

VOYA INSTITUTIONAL TRUST CO

VOYA DEF COMP-$200.00

WADDELL & REED

W&R DEF COMP-$900.00

WAGE ASSIGNMENT - IA

WAGE ASSIGN IA-$481.20

WAGE ASSIGNMENT - MN

WAGE ASSIGN MN-$185.50

WALMART COMMUNITY/GEMB

INK, MARKERS-$116.59

WASTE MANAGEMENT OF WI-MN

LANDFILL FEES 6/16-6/30-$25,415.81

WELLMARK

BCBS-FAMILY/+-$30,584.23

WINDSTREAM-PHONE-$609.16

XEROX CORPORATION

COPIER CONTRACT-$206.14

TOTAL ACCOUNTS PAYABLE

$532,629.89

PAYROLL CHECKS-$58,708.53

TOTAL- $591,338.42

LIQUOR LICENSES

Motion by Bice seconded by Farmer to approve a new building premises only update for Rolling Oaks Barn liquor license. Motion carried unanimously.

REAP GRANT SPONSORSHIP FOR DICKINSON COUNTY RAIL/TRAIL

Erin Reed, director of the Dickinson County Trails, discussed a potential 1.3 mile trail running west of Peoria/15th Street. Motion by Bice, seconded by Fisher, to proceed with the rail/trail application with the City of Spirit Lake as the applicant. Motion carried unanimously.

RESOLUTION NO. 2017-39

RESOLUTION APPROVING PAY APPLICATION #5 FOR THE 2017 CITY OF SPIRIT LAKE

RAW WATER IMPROVEMENTS PROJECT

Bice introduced and caused to be read Resolution No. 2017-39 and moved for its adoption, which was seconded by Fisher. Aye: Fisher, Bice, Chappas, Harbst, Farmer. Resolution duly adopted.

COMMENTS BY MAYOR, COUNCIL AND STAFF

City Administrator Owens reported seal coat project will begin soon. Green waste site use was discussed.

ADJOURNMENT

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

Blain Andera, Mayor

Gregg L. Owens, City Administrator

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ARNOLDS PARK

BOARD OF ADJUSTMENT

PUBLIC HEARING NOTICE ON THE

CONSIDERATION OF A VARIANCE REQUEST

Pursuant to the Requirements of Section 165.24.6 of the Arnolds Park Zoning Ordinance the Board of Adjustment will conduct a public hearing on Monday, August 14, 2017 at 5:30 p.m. at Arnolds Park City Hall. The hearing is for a variance request for property owned by Ronald & Karen Madren. The property for which the variance is sought is located at 365 Lake Drive or is legally described as W ½ Lot 30 and Lot 29 and Common Ground Gingle’s Beach, Arnolds Park, Dickinson County, Iowa. The purpose of the hearing is to hear a request for a variance from the requirements of Section 165.07.5 (Site Development Regulations in the R-2 Medium Density Residential district). The applicant is proposing to construct a new two-story, single-family residential dwelling on an existing lot of which the proposed new dwelling will encroach 5 feet into the minimum required 30 foot rear yard setback, as well as, 20 feet into the required minimum 25 foot street side yard setback. Written comments are accepted and should be addressed to Wanda Thielen, City Clerk. For additional information, or to make arrangements for disabled or non-English speaking individuals, please contact City Hall at 332-2341.

Ron Knutson, ChairZoning Board of Adjustment

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PUBLIC NOTICE TO WHOM IT MAY CONCERN

You are hereby notified that the Dickinson County Zoning Administrator has received an application for rezoning submitted by Nicholas Poolman & Jeremy Jalas, contract purchasers, and Leo R Parks, Jr, deed holder from the A-1 Agricultural District to the R-3 Multi-Family Residential on the following described property:

LEGAL DESCRIPTION OF AREA PLATTED:

Lot 99, of Chalstrom’s Beach, Dickinson County, Iowa, EXCEPT: - Part of Lot 99 of the Plat of Chalstrom’s Beach in Gov’t Lots 1 and 2, Section 17, Township 99 North, Range 36 West of the 5th P.M., Dickinson County, Iowa, described as follows: - Commencing at the Northeasterly corner of Lot 72 of the Plat of Chalstrom’s Beach; thence North 30°11.0’ East 49.89 feet along the northeasterly extension of the easterly line of said Lot 72 to the point of beginning; thence North 2°11.3’ East 585.20 feet parallel to the west line of Lot 99 of said Plat of Chalstrom’s Beach; thence North 86°08.5’ West 1570.87 feet to the west line of said lot 99; thence South 2°11.3’ West 770.71 feet to the southwest corner of Lot 99, also the Northwest corner of Lot 55 of said Plat of Chalstrom’s Beach; thence North 71°55.0’ East 284.16 feet along the northwesterly line of Lot 55; thence North 76°27.9’ East 361.75 feet along the northwesterly line of said Lot 55 to the east line of the former Dump Road; thence 19°16.0’ West 50.25 feet along the east line of the former Dump Road to the northerly line of the southerly 50 feet of said Lot 99; thence North 76°27.9’ East 36.99 feet along the northerly line of the southerly 50 feet of said Lot 99; thence North 87°21.9’ East 497.98 feet along the northerly line of the southerly 50 feet of said Lot 99; thence South 77°44.1’ East 230.91 feet along the northerly line of the southerly 50 feet of said Lot 99; thence South 59°38.1’ East 243.51 feet along the northerly line of the southerly 50 feet of Lot 99, to the point of beginning, containing 19.83 acres, subject to easements of record for public road, sanitary sewer and water purposes

A public hearing will be held by the Planning and Zoning Commission on

Monday, August 21, 2017 in the community room, first floor of the Dickinson County Courthouse, 1802 Hill Avenue, Spirit Lake, Iowa at 1:00 p.m.

David L. Kohlhaase

Zoning Administrator

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PUBLIC NOTICE

TO WHOM IT MAY CONCERN

You are hereby notified that the Dickinson County Zoning Administrator has received an application for a Planned Unit Development submitted by Nicholas Poolman

& Jeremy Jalas, contract purchasers, and Leo R Parks, Jr, deed holder in the R-3 Multi-Family Residential District allowed only as a Conditional Principal Residential Use on the following described property:

LEGAL DESCRIPTION OF AREA PLATTED:

Lot 99, of Chalstrom’s Beach, Dickinson County, Iowa, EXCEPT: - Part of Lot 99 of the Plat of Chalstrom’s Beach in Gov’t Lots 1 and 2, Section 17, Township 99 North, Range 36 West of the 5th P.M., Dickinson County, Iowa, described as follows: - Commencing at the Northeasterly corner of Lot 72 of the Plat of Chalstrom’s Beach; thence North 30°11.0’ East 49.89 feet along the northeasterly extension of the easterly line of said Lot 72 to the point of beginning; thence North 2°11.3’ East 585.20 feet parallel to the west line of Lot 99 of said Plat of Chalstrom’s Beach; thence North 86°08.5’ West 1570.87 feet to the west line of said lot 99; thence South 2°11.3’ West 770.71 feet to the southwest corner of Lot 99, also the Northwest corner of Lot 55 of said Plat of Chalstrom’s Beach; thence North 71°55.0’ East 284.16 feet along the northwesterly line of Lot 55; thence North 76°27.9’ East 361.75 feet along the northwesterly line of said Lot 55 to the east line of the former Dump Road; thence 19°16.0’ West 50.25 feet along the east line of the former Dump Road to the northerly line of the southerly 50 feet of said Lot 99; thence North 76°27.9’ East 36.99 feet along the northerly line of the southerly 50 feet of said Lot 99; thence North 87°21.9’ East 497.98 feet along the northerly line of the southerly 50 feet of said Lot 99; thence South 77°44.1’ East 230.91 feet along the northerly line of the southerly 50 feet of said Lot 99; thence South 59°38.1’ East 243.51 feet along the northerly line of the southerly 50 feet of Lot 99, to the point of beginning, containing 19.83 acres, subject to easements of record for public road, sanitary sewer and water purposes

A public hearing will be held by the Planning and Zoning Commission on

Monday, August 21, 2017 in the community room, first floor of the Dickinson County Courthouse, 1802 Hill Avenue, Spirit Lake, Iowa at 1:00 p.m.David L. Kohlhaase

Zoning Administrator

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REGULAR MEETING OF THE BOARD OF TRUSTEES OF

THE IOWA GREAT LAKES SANITARY DISTRICT

July 25, 2017 3:00 P.M.

DISTRICT OFFICE, MILFORD, IOWA

Acting President Senn called the meeting to order at 3:00 p.m.; trustee Hoppe was present and Bailey was present by phone due to being out of the area. Absent were Jim Rohlfsen and Robert Boettcher.

Trustee Hoppe introduced Resolution 2017-16 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS AND FIXING A DATE FOR HEARING THERE ON AND TAKING OF BIDS THEREFOR. The resolution was seconded by Bailey. Roll was called and the vote aye – Bailey, Hoppe, Senn; nay – none. The acting president declared resolution 2017-16 duly adopted.

The Meeting was then adjourned. (Bailey/Hoppe).

ATTEST: _

John Senn, Acting President Kae Hoppe, Clerk

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PUBLIC NOTICE OF INTENT TO CONSIDER ISSUANCE OF SECTION 401 WATER QUALITY CERTIFICATION

The Iowa Department of Natural Resources (Iowa DNR) proposes to evaluate Section 401 Certification for the following projects. The Section 401 Certification is the statement that a project will not cause a violation of Iowa’s Water Quality Standards.

PROJECT DESCRIPTION:  Paul Kraft proposes to place field stone riprap along 100’ of West Okoboji Lake in S23, T99N, R37W, in Dickinson County.

PROJECT DESCRIPTION:  Dickinson County Trails Board proposes to repair the Trestle Bridge approach in S20, T99N, R36W, in Dickinson County.

Project application material may be requested by calling Chris Schwake at (515) 725-8399. Anyone wishing to comment on the intent to proceed with Section 401 Certification review must do so in writing by August 17, 2017 (send to Iowa DNR, Chris Schwake, 502 E 9TH ST, Des Moines, IA 50319-0034). All relevant comments will be considered in the review process.

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HR Green, Inc. Project 2017-2, Telemetry System Upgrades, Phase 3 Project No. 50160025IGLSD - Milford, Iowa

SECTION 00120 NOTICE OF

PUBLIC HEARING

NOTICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECIFICATIONS, PROPOSED FORM OF CONTRACT AND ESTIMATED COSTS FOR THE CONSTRCTION OF PROJECT 2017-2, TELEMETRY SYSTEM UPGRADES, PHASE 3 – PLC IMPROVEMENTS IN AND FOR THE IOWA GREAT LAKES SANITARY DISTRICT, MILFORD, IOWA.

Notice is hereby given that there are on file with the Clerk, Board of Trustees of the Iowa Great Lakes Sanitary District, Milford, Iowa, proposed drawings, project manual, proposed Form of Contract (“Contract Documents”), and opinion of probable cost for the construction of said improvement, for said Owner.

A hearing will be conducted thereon at a meeting of the Board of Trustees to be held at 303 28th Street, Milford, Iowa, at 3:00 P.M., Tuesday, August 22, 2017, at which time and place any person may appear and file objections to the proposed drawings, project manual, proposed Form of Contract (“Contract Documents”), and opinion of probable cost for the construction of said improvement.

Published upon order of the Iowa Great Lakes Sanitary District.

Iowa Great Lakes Sanitary District

ATTEST:

/s/ Robert H. Boettcher, President
/s/ Kae Hoppe, Clerk/Secretary

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PUBLIC HEARING NOTICE

Public notice is hereby given that the Board of Adjustment for the City of Okoboji, Iowa will conduct a public hearing on August 10th, 2017 at 6:00 P.M. in the Okoboji City Hall to consider a variance request by Duane & Joan Haith, owner of record of Lot 6 of Auditor’s Plat No. 144 subdivision in the City of Okoboji, Iowa commonly known as 1503 Prospect Street.

The Haiths are requesting a variance to construct an 8’ X 12’ addition to the rear the current dwelling. The proposed construction represents an expansion of an existing nonconforming use, as stated in Section 14.3 of the Okoboji Zoning Ordinance. Furthermore, the rear yard and southwest side yard setbacks, as defined in Article V Single Family Residential District (R-1) Section 5.5 Bulk Regulations of the Okoboji Zoning Ordinance, cannot be met at this time. A variance of 3.1’ for the rear yard and 3.6’ for the southwest side yard setback is being requested. The proposed construction constitutes a non-conformity. Non-conformities are not allowed as defined in Article XIV General Regulations. This precludes the Haiths from obtaining a construction permit.

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

Jason Peters

Okoboji City Administrator/City Clerk

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ORDINANCE NO. 238

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKOBOJI, IOWA, BY REPLACING CHAPTER 122 – “PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS” WITH NEW CHAPTER 122-“MOBILE MERCHANTS”

BE IT ENACTED by the City Council of the City of Okoboji, Iowa

122.01 PURPOSE. The purpose of this chapter is to protect residents of the City against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating mobile merchants: categorized as- peddlers, solicitors or temporary merchants.

122.02 DEFINITIONS. For use in this chapter the following terms are defined:

• “Peddler” means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street. Peddlers are prohibited from parking in one space for a period of longer than 10 minutes.

• “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.

• “Temporary Merchant” is any merchant engaging in selling or offering for sale food, beverages, goods, wares or other merchandise from a stand, tent, truck, cart, trailer, mobile home or office, recreational vehicle, wagon, vehicle, or other temporary structure on private property not considered a building constructed on a foundation.

122.03 LICENSE REQUIRED.

• No person shall engage in mobile merchant business in the City without first obtaining a license with the exception of those individuals and organizations identified in section 122.20. Only one natural person may engage in such activity under one license.

• Each mobile merchant shall also obtain necessary licenses and or permits as may be required by City, county, state and federal governing bodies. All mobile merchants shall at all times comply with all applicable City, county, state, and federal laws, rules, and regulations.

122.04. APPLICATION FOR LICENSE.

1. All applicants for a license under this Chapter shall complete and submit to the Clerk for review a mobile merchant business license application along with a $25.00 application fee and the following application information and materials:

a. The full name, permanent address and phone number of the applicant, along with at least one form of identification that includes a photograph of the applicant.

b. If operating a motor vehicle as part of the mobile merchant business, proof of a current operator’s license.

c. A detailed description of the items to be offered for sale.

d. Proof of valid food service license(s) and compliance documentation from the state and/or county health departments if selling/handling/preparing food and/or beverages for human consumption.

e. Iowa sales tax permit.

f. Insurance certificate as required in section 122.10.

g. If operating from a vehicle, the make, model, year, state of registration and license number of the vehicle.

h. Plans for disposal of liquid and solid refuse, waste, garbage, trash, and other material used in connection with the mobile merchant business.

2. In addition to those requirements listed in 122.04 (1), temporary merchants who are engaged in business on private property may only do so in the (C-1) General Commercial zoning district, upon receipt of all application materials and receipt of a conditional use permit in accordance with the procedures set forth in Article XVIII. One conditional use permit per calendar year per private property shall be allowed for the purposes of a temporary merchant license. Applicants shall be limited to one temporary merchant license per calendar year. Conditional use permit must be presented as part of application materials. In addition to a valid permit the following information must be supplied:

a. Date of permit requested (temporary merchant permits shall be valid for 5 consecutive days per calendar year).

b. The single address of proposed location of temporary merchant.

c. A detailed diagram and/or photograph of proposed site plan. Site plan should show temporary business location, setbacks, parking location, location of restroom if required.

d. A detailed diagram and/or photograph of any signage to be used on the mobile stand, cart, motor vehicle or other temporary structure to be used for the mobile merchant business. Such signage shall comply with Article XIII Sign Regulations.

e. Written permission for use of the property from the owner if operating on private property.

3. The following factors shall be taken into consideration in determining whether or not any license under this Chapter shall be granted:

a. Compliance with this Chapter and all other provisions of the Code of Ordinances, including Zoning Ordinances, as well as local, state and federal laws, rules and regulations.

b. Zoning district of proposed location.

c. Availability of parking, pedestrian and vehicle access, utilities access, handicapped access and emergency vehicle access.

d. Likelihood of undue congestion of a public area.

e. Likelihood of excessive noise and other adverse impacts on surrounding areas.

122.05. FEES. The following license fees shall be paid to the Clerk prior to the issuance of any license.

1. $500.00 for the year (Expires December 31st)

122.06. LOCATION RESTRICTIONS.

1. No mobile merchant shall conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant; create or become a public nuisance; increase traffic, congestion or delay; constitute a hazard to life, health or property; or obstruct adequate access for fire, police, sanitation or emergency vehicles.

2. No mobile merchant may sell or attempt to sell to or from the travelled portion of a public street.

3. No mobile merchant shall enter upon any residential premises in the City where the owner or lawful occupant has posted, at the entry to the premises or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers”, “No Solicitors” or other words of similar import.

122.07. DISPLAY OF LICENSE. Each mobile merchant shall carry and display the current mobile merchant license applicable to the mobile merchant at the location and during all times when engaged in the particular activity for which the license was issued.

122.08. LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this Chapter are not assignable or transferable in any situation and are to be applicable only to the person filing the application.

122.09. TIME RESTRICTION. All mobile merchant licenses shall provide that said licenses are in force and effect only between the hours of 8:00 a.m. and 6:00 p.m.

122.10. INSURANCE. All mobile merchants shall provide proof of and maintain commercial general liability insurance having a minimum combined single limit of $1,000,000.00. A certificate of insurance shall be delivered to the Clerk prior to the issuance of a license. The City of Okoboji and its elected and appointed officials, officers, employees, and agents shall be named as additional insureds against any liabilities that may arise in connection with the operation of the mobile merchant business.

122.11. LIGHTS AND NOISEMAKERS. No mobile merchant, or anyone acting on the mobile merchant’s behalf, shall shout, make any outcry, blow a horn, or use any other sound making device, including loud speakers or amplifiers, or use bright or flashing lights for the purpose of attracting attention to any goods, wares or merchandise that the mobile merchant offers for sale.

122.12. LITTER. All garbage, trash, litter and other debris in the immediate vicinity of a temporary merchant’s stationary location shall be picked up and collected on a daily basis and adequate receptacles shall be maintained for the same purpose.

122.13. SALES PROHIBITED ON PUBLIC PROPERTY. No person, firm, corporation, or other entity shall sell, display, or otherwise offer for sale any merchandise or other materials on any sidewalk, public right-of-way, or public property.

122.14. REVOCATION OF MOBILE MERCHANT LICENSE.

1. A mobile merchant license granted under this Chapter shall be revoked if the mobile merchant does or allows to be done any of the following:

a. Fails to maintain all necessary licenses and permits required for the operation of the mobile merchant business.

b. Fails to comply with all of the provisions of this Chapter, with all other Code of Ordinances, including Zoning Ordinances, and with county, state, and federal laws, rules and regulations.

c. Fails to furnish proof of or maintain insurance required by this Chapter.

d. Creates or allows to exist a safety hazard or public nuisance under state law or City ordinance, in connection with the mobile merchant business.

e. Refuses to allow or resists an inspection of the mobile merchant business by any authorized agent of the City.

f. Furnishes any false information on the license application or other documents required under this Chapter.

g. Makes a false or misleading statement or representation regarding any article sold or offered for sale as to the source, condition, quality, weight, measure, original cost, or cost of any item sold or offered for sale.

h. Operates the mobile merchant business in a manner which, in the reasonable determination of the City, does not adequately protect and preserve the peace, safety, health, welfare, comfort and convenience of the City’s residents.

122.15. NOTICE. The Clerk shall send a notice to the licensee at the licensee’s local address, not less than ten (10) days before the date set for a hearing on the possible revocation of a license. Such notice shall contain particulars of the complaints against the licensee, the ordinance provisions or State statutes allegedly violated, and the date, time and place for hearing on the matter.

122.16. HEARING. The Clerk shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the facts alleged in the complaint and notice. Should the licensee, or authorized representative, fail to appear without good cause, the Clerk may proceed to a determination of the complaint.

122.17. RECORD AND DETERMINATION. The Clerk shall make and record findings of fact and conclusions of law, and shall revoke a license only when upon review of the entire record the Clerk finds clear and convincing evidence of substantial violation of this Chapter or State law.

122.18. APPEAL. If the Clerk revokes or refuses to issue a license, the Clerk shall make a part of the record the reasons therefor. The licensee, or the applicant, shall have a right to a hearing before the Council at its next regular meeting. The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present and the Clerk shall carry out the decision of the Council.

122.19. EFFECT OF REVOCATION. Revocation of any license shall bar the licensee from being eligible for any license under this Chapter for a period of one year from the date of the revocation.

122.20. LICENSE EXEMPTIONS. The following are excluded from the application of this Chapter.

1. Newspapers. Persons delivering, collecting for or selling subscriptions to newspapers.

2. Charities, Nonprofit, Clubs and Lodges. Solicitations and sales by charitable and nonprofit organizations defined and authorized by Iowa Code Chapters 504 and 504(A), or are authorized and organized under statutes or regulations of the United States Government, or approved by the Internal Revenue Service; and nonprofit clubs and lodges that are not ordinarily conducted as a business that do not meet the requirements of Iowa Code Chapter 504 or 504(A).

3. Local Residents and Farmers. Local residents and farmers who offer for sale or distribution of whole fresh fruits, flowers or vegetables.

4. Students. Students representing the Okoboji Community School District and the Spirit Lake Community School District, conducting projects sponsored by organizations recognized by the schools.

5. Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.

6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.

7. Auctioneers. Auctions conducted by auctioneers licensed by the State of Iowa.

122.21. CHARITABLE AND NONPROFIT ORGANIZATIONS. Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504 of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.04 and 122.05. All such organizations are required to submit in writing to the Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on, and whether any commissions, fees or wages are to be charged by the solicitor and the amount thereof. If the Clerk finds that the organization is a bona fide charity or nonprofit organization, the Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 122.18 of this Chapter.

REPEALER. All Ordinances or part of Ordinances in conflict with the provision of this Ordinance are hereby repealed

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.

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.

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

WHEREAS, a motion was made by Councilmember Hentges and seconded by Councilmember Andres to waive the second and third considerations of this Ordinance and upon roll call the following vote was recorded: AYES: Julie Andres, Jim Delperdang, Jim Hentges, Walter Mendenhall, Jerry Robinson; NAYS: None. 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 Andres to adopt this Ordinance and upon roll call the following vote was recorded: AYES: Julie Andres, Jim Delperdang, Jim Hentges, Walter Mendenhall, Jerry Robinson; NAYS: None. 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:

Passed and approved this 27th day of July, 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 27th day of July, 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

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