Legals - Week of 9.6.17

Tuesday, September 5, 2017

THE IOWA DISTRICT COURT

DICKINSON COUNTY

UPON THE PETITION OF

SANDRA L. MCKELVEY, Petitioner,

CASE NO. CDCD003124

ORIGINAL NOTICE

AND CONCERNING

MARK C. MCKELVEY, Respondent.

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 Respondent in this action, which petition prays for a dissolution of marriage. The name and address of the attorney for the Petitioner is Abby L. Walleck, Maahs & Walleck, 708 Lake Street, P.O. Box AK, Spirit Lake, IA 51360. The attorney’s phone number is 712-336-1292; facsimile number: 712-336-1317.

You must serve a motion or answer on or before September 26, 2017, 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)

CLERK OF COURT

Dickinson County Courthouse,

Spirit Lake, Iowa

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

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IN THE IOWA DISTRICT COURT OF DICKINSON COUNTY

Cenlar FSB

Plaintiff,

vs.

Drew A. Nielsen a/k/a Drew Nielsen, a/k/a Drew Neilson; April N. Nielsen a/k/a April Nielsen, a/k/a April Nichole Nielsen, a/k/a April Nicole Nelson; Parties in Possession; Marc H. Nielsen; Unknown Spouse, if any, of April Nicole Nielsen; Liberty Bank, s/b/m First Bank & Trust; AAA Collections, Inc., et al.

Defendants.

EQUITY NO: EQCV028104

ORIGINAL NOTICE

FOR PUBLICATION



You are notified that a petition has been filed in the office of this court naming you as a defendant in this action. The petition was filed on July 19, 2017, and prays for foreclosure of Plaintiffs Mortgage in favor of the Plaintiff on the property described in this notice and judgment for the unpaid principal amount of $20,035.50, with 4.875% per annum interest thereon from October 1, 2014, together with late charges, advances and the costs of the action including (but not limited to) title costs and reasonable attorney’s fees, as well as a request that said sums be declared a lien upon the following described premises from May 23, 2003, located in Dickinson county, Iowa:

LOT 14, OF CENTER LAKE HEIGHTS, SECOND SUBDIVISION, AN ADDITION TO THE CITY OF SPIRIT LAKE, DICKINSON COUNTY, IOWA, EXCEPT A PARCEL OF LAND SOLD TO THE STATE OF IOWA AS DESCRIBED IN A WARRANTY DEED RECORDED ON APRIL 17, 1997, AT DEED REC. 142, PAGE 639, OF THE RECORDS OF THE DICKINSON COUNTY RECORDER, commonly known as 2803 Center Lake Drive, Spirit Lake, IA 51360 (the “Property”)

The petition further prays that the Mortgage on the above described real estate be foreclosed, that a special execution issue for the sale of as much of the mortgaged premises as is necessary to satisfy the judgment and for other relief as the Court deems just and equitable. For further details, please review the petition on file in the clerk’s office. The Plaintiffs attorney is James Larson, of SouthLaw, P.C.; whose address is 1401 50th Street, Suite 100, West Des Moines, IA 50266.

NOTICE

The plaintiff has elected foreclosure without redemption.  This means that the sale of the mortgaged property will occur promptly after entry of judgment unless you file a written demand with the court to delay the sale.  If you file a written demand, the sale will be delayed until twelve months (or six months if the petition includes a waiver of deficiency judgment) from the entry of judgment if the mortgaged property is your residence and is a one-family or two-family dwelling or until two months from entry of judgment if the mortgaged property is not your residence or is your residence but not a one-family or two-family dwelling.  You will have no right of redemption after the sale.  The purchaser at the sale will be entitled to immediate possession of the mortgaged property.  You may purchase at the sale.

You must serve a motion or answer on or before 4th day of October, 2017, and within a reasonable time thereafter, you must file your motion or answer with the Clerk of Court for Dickinson County, at the county courthouse in Spirit Lake, Iowa. If you fail to respond, judgment by default may be rendered against you for the relief demanded in the petition.

If you require the assistance of auxiliary aids or services to participate in a court action 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.

This case has been filed in a county that utilizes electronic filing. You may find more information and general rules governing electronic filing in Iowa Court Rules Chapter 16. You may find information concerning protection of personal information in court filings in Iowa Court Rules Chapter 16, Division VI.

By: _

CLERK OF THE ABOVE COURT

Dickinson County Courthouse

1802 Hill Avenue, Suite 2506

Spirit Lake, IA 51360

IMPORTANT:

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

File No. 204472

Case No. EQCV028104

File No. 204472-837882

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF

THE ESTATE OF

SHARON C. WINTZ, Deceased.

CASE NO. ESPR014374

NOTICE OF PROBATE OF WILL, OF

APPOINTMENT OF EXECUTOR,

AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of Sharon C. Wintz, Deceased, who died on or about June 16, 2017:

You are hereby notified that on August 11, 2017, the last will and testament of Sharon C. Wintz, deceased, bearing date of March 4, 2015, was admitted to probate in the above named court and that Brent A. Wintz and Scott M. Wintz 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: August 18, 2017.

Brent A. Wintz and Scott M. Wintz

Executors of estate

28595 State Hwy 264, Round Lake, MN 56167 and 2624 390th St., Clarkfield, MN 56223

Abby L. Walleck

Attorney for executor

Firm Name: Maahs & Walleck

Address: 708 Lake St., P.O. Box AK, Spirit Lake, IA 51360

Date of second publication

6th day of September, 2017

Probate Code Section 304

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THE IOWA DISTRICT COURT DICKINSON COUNTY

Probate No. ESPR014372

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

IN THE ESTATE OF Joshua D. Hinders, Deceased

To All Persons Interested in the Estate of Joshua D. Hinders, Deceased, who died on or about the April 24,2017:

You are hereby notified that on the 9th day of August, 2017, the last will and testament of Joshua D. Hinders deceased, bearing date of the 22nd day of December, 2016, was admitted to probate in the above named court and that Carole Hinders 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 21st day of August, 2017.

Carole Hinders

Executor of Estate

15253- 250th Avenue

Spirt Lake, Iowa 51360

Michael R. Bovee

Attorney for executor

Firm Name: Montgomery, Barry, Bovee, Steffen & Davis, LLP

316 – 11th Street S.W. Plaza

PO Box 500

Spencer, Iowa 51301-0500

Date of second publication: 6th day of September, 2017.

Probate Code Section 304

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF

THE ESTATE OF

JUNIOR RAY COOK, Deceased.

CASE NO. ESPR014380

NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of JUNIOR RAY COOK, Deceased, who died on or about August 18, 2017:

You are hereby notified that on August 23, 2017, the undersigned was appointed administrator of the estate.

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

Dated on August 24, 2017.

Larry J. Cook,

Administrator of the Estate

3438 Golf Villa Drive,

Milford, Iowa 51351

John M. Bjornstad ,

ICIS PIN No: AT0000921

Attorney for the Administrator

Bjornstad Law Office

Address: 832 Lake Street, P.O. Box 305, Spirit Lake, IA 51360

Date of second publication

September 6th, 2017

Probate Code Section 230

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IN THE IOWA DISTRICT COURT FOR Dickinson COUNTY

Wells Fargo Bank, N.A.,

Plaintiff,

vs.

Cheryl L. Shear fka Cheryl L. Whitlock; Harold E. Shear; Cooperative Elevator Association; L.F. Noll, Inc.,

Defendants.

EQUITY NO. EQCV028113

ORIGINAL NOTICE FOR

PUBLICATION

To the above-named Defendants:Cheryl L. Shear fka Cheryl L. Whitlock and Harold E. Shear

You are notified there was on 7/26/2017 filed in the Office of the Clerk of the above-named Court a Foreclosure Petition, which prays for foreclosure of a mortgage in favor of the Plaintiff on the property described herein and judgment in rem in the amount of $33,363.69 plus interest at the rate of 7.0% per annum from 2/1/2017, such amount equaling $194.62 per month, the costs of the action including title costs of $250.00, and reasonable attorney fees and that said sums be declared a lien upon the following-described premises from 9/12/2008, located in Dickinson County, Iowa, to-wit:

Lots 1, 2, and 3, Block 8, Cory’s Replat of the Town of Lake Park, Dickinson County, Iowa

that the mortgage on the above-described real estate be foreclosed, that a special execution issue for the sale of as much of the mortgaged premises as is necessary to satisfy the judgment and for other relief as the Court may deem just and equitable. The attorney for the Plaintiff is daveerickson, whose address is The Davis Brown Tower, 215 10th Street, Suite 1300, Des Moines, Iowa 50309-3993, Phone: (515) 288-2500, Facsimile: (515) 243-0654.

NOTICE

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

You must serve a motion or answer on or before the 10th day of October, 2017, and within a reasonable time thereafter, file your motion or answer, in the Iowa District Court for Dickinson County, Iowa. You are notified that Dickinson County District Court utilizes the Electronic Document Management System. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular, Division VI regarding the protection of personal information in court filings. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition.

• If you need assistance to participate in court due to a disability, call the disability coordinator at 712-279-6608. Persons who are hearing or speech impaired may call Relay Iowa TTY (18007352942.) Disability coordinators cannot provide legal advice.

IMPORTANT

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

_September 20, 2017_

Date of Third Publication

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Original Notice and Petition

for a Money Judgment

In the Iowa District Court

for Dickinson County

Small Claim NoSCCV028145

Date Filed: 08/16/2017

Plaintiffs(s)

G F Land Partnership

1601 Keokuk Ave

Spirit Lake, IA 51360

vs.

Defendant(s)

Alexis Noah and Rowan Klitzke

1805 Okoboji Ave Apt#7

Milford, IA 51351

To Defendant(s):

1. You are notified that Plaintiff(s) demands from you the amount of $1176.56 plus court costs based on (state briefly the bases for the demand, not to exceed $5000): Failure to pay monthly rents on apartment 7 since July 2017. This includes rent, late fees, cleaning services and carpet cleaning and damage to front door, plus any costs to obtain this amount.

2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgments may include the amount requested plus interest and court costs.

3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document Management system (EDMS) at HYPERLINK “https://www.iowacourts.state.ia.us/EFile” https://www.iowacourts.state.ia.us/EFile , unless you obtain from the court an exemption from electronic filing requirements.

4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter.

5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of the Appearance and Answer to Plaintiff(s).

6. You must also notify the clerk’s office of any address change.

/s/Ginny McIntire

G F Land Partnership

1601 Keokuk Ave, Spirit Lake, IA

712-336-8400

Date Issued: 08/17/2017 11:01:12 AM

District Clerk of Dickinson County: /s/JoAnn Brown

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Iowa District Court

For Dickinson County

CASE NO. LACV028034

Plaintiff(s)

BOCKMAN AG, INC

VS.

Defendants

JOE WARBURTON

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 (1) for collection on an open account due, owing and delinquent in the amount of $11,289.01, plus interest and court costs.

The name(s) and the address(es) of the attorney(s) for the plaintiff(s) (is) (are) Harold D. Dawson, DeKoter, Thole, Dawson & Rockman, P.L.C. 315 9th Street, P.O. Box 253, Sibley, IA 51249.

The attorney’(s’) phone number(s) (is) (are) 712-754-4601; facsimile number(s): 712-754-2301.

You must serve a motion or answer on or before (2) October 10, 2017, 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 TO PROTECT YOUR INTERESTS.

09/06/17 09/13/17 09/20/17

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF Probate No. ESPR014381

THE ESTATE OF
AUGUST R. SCHEPPMANN,

NOTICE OF PROBATE OF WILL, OF

Deceased.

APPOINTMENT OF EXECUTOR, AND

NOTICE TO CREDITORS

TO: All Persons Interested in the Estate of August R. Scheppmann, Deceased, who died on or about June 27, 2017:

You are hereby notified that on the 24th day of August, 2017, the Last Will and Testament of August R. Scheppmann, deceased, bearing date of the 19th day of September, 2012, was admitted to probate in the above named court and that Ardyce Scheppmann was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

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

Dated this 28th day August, 2017.

/s/ Ardyce Scheppmann

Executor of Estate

1430 Indian Hills Drive

Spirit Lake, IA 51360

Donald J. Hemphill

Attorney for Executor

HEMPHILL LAW OFFICE, PLC

215 Grand Ave, Spencer, IA 51301

Date of second publication

13th day of September , 2017

(Date to be inserted by publisher)

Probate Code Section 304

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THE IOWA DISTRICT COURT

DICKINSON COUNTY

IN THE MATTER OF

THE ESTATE OF

Kevin Duane Kelly, Deceased.

Ancillary Administration

CASE NO. ESPR014379

NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS

To All Persons Interested in the Estate of Kevin Duane Kelly, Deceased, who died on or about June 24, 2016:

You are hereby notified that on August 23, 2017, the undersigned was appointed administrator of the estate.

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

Dated on: August 30, 2017.

Shawn Kelly,

Administrator of the Estate

38246 County Rd 43

Eaton, CO 80615

Abby L. Walleck

Attorney for the Administrator

Maahs & Walleck

Address: 708 Lake St., P.O. Box AK, Spirit Lake, IA 51360

Date of second publication

13th day of September, 2017

(Date to be inserted by the publisher)

Probate Code Section 230

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TRUST NOTICE

IN THE MATTER OF:

THE GEORGE R. MOORE

REVOCABLE TRUST

To all persons regarding George R. Moore, deceased, who died on or about August 11, 2017. You are hereby notified that Steven A. Moore and Karen Lippe are the co-trustees of the George R. Moore Revocable Trust dated on June 5, 1995. 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 August 31, 2017.

The George R. Moore Revocable Trust

Steven A. Moore and Karen Lippe, Co-Trustees

1500 Nichols Ave, Okoboji, IA 51355

Theresa E. Hoffman, Attorney for Co-Trustees

BEECHER, FIELD,

WALKER, MORRIS,

HOFFMAN & JOHNSON, P.C.

620 Lafayette St., P.O. Box 178

Waterloo, IA 50704-0179

Date of second publication: 13th of September, 2017.

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NOTICE OF DISPOSITION

TO:

Okoboji Bake Shop

PO Box 507

Milford, IA 51351

Unit #MH 605

Located at: 717 28th Street,

Milford, IA 51351

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

your personal contents in storage unit # MH 605 will be disposed

of pursuant to Iowa Law.

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

undersigned within fifteen (15) days of this notice.

Dated this September 6, 2017 at Spirit Lake, Iowa.

TO:

Jon Siemers

1404 Ithaca Ave

Spirit Lake, IA 51360

Unit # 617 & 622

Located at: 717 28th Street, Milford, IA 51351

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

your personal contents in storage unit # 617 & 622 will be disposed

of pursuant to Iowa Law.

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

undersigned within fifteen (15) days of this notice.

Dated this September 6, 2017 at Spirit Lake, Iowa.

TO:

Lyle Frank

14546 Highway 72

Athens, AL 35611

Unit # 113

Located at: 1596 Hudson Ave, Spirit Lake, IA 51360

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

your personal contents in storage unit # 113 will be disposed

of pursuant to Iowa Law.

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

undersigned within fifteen (15) days of this notice.

Dated this September 6, 2017 at Spirit Lake, Iowa.

Right Size Storage

1601 Keokuk Ave

Spirit Lake, IA 51360

712-336-8400

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Attest August 15, 2017

Central Water System

Regular Board Meeting

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

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

It was suggested that Gray attend the next council meetings for Okoboji and Arnolds Park to update the councils on the curly leaf pondweed situation in the area.

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

There was no further business and the meeting was adjourned. _

Anthony Gray, Supt.

Wheeler J Hinshaw, Chairman

Federal Withholding-$856.00

Social Security-$1,494.32

IPERS-$1,453.28

Wages-$ 7,106.40

Alliant Energy-$10,347.31

Black Hills Energy-$ 30.93

Blue Cross/Blue Shield-$ 2,079.69

Bomgaars-$31.36

Card Service Center-$287.84

CenturyLink-$288.42

Delta Industries-1,614.21

Hach Company-$665.00

Hawkins, Inc-$15,269.21

Iowa Great Lakes Sanitary -$263.85

I M W C A-$1,690.00

Iowa Rural Water Assoc.-$390.00

State Hygienic Lab-$19.50

Telplex-$ 45.01

Total Claims- $ 43,932.33

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DICKINSON COUNTY SANITARY LANDFILL COMMISSION

REGULAR SESSION 1:30 P.M.

AUGUST 24, 2017 – ARNOLDS PARK CITY HALL

MEMBERS PRESENT (Representing): Jason Eckard (West Okoboji), Bill Maas (Orleans, Jason Peters (Okoboji), Kevin Bice (Spirit Lake), LeAnn Reinsbach (Milford) Wanda Thielen (Arnolds Park), Linda Nase (Arnolds Park).

ALSO PRESENT (Representing): Charles Vigdal (Dickinson County Conservation Board).

Presiding: Bice called the meeting to order.

Agenda: Motion approving the agenda. Maas/Reinsbach. All ayes.

Minutes: Motion approving the minutes of the July 27, 2017 meeting. Peters/Bice. All ayes.

Treasurer’s Report: Motion accepting the Treasurer’s Report. The beginning balance on July 1, 2017 was $9,078.36. Revenue was $.08 and expenditure was $34.92. The ending balance on July 31, 2017 was $9,043.52. Maas/Eckard. All ayes.

Outstanding Bills: No outstanding bill except the bill from Dickinson County Conservation Board, which we do not have enough funds to pay. Commission agrees to pay when funds are available.

Operations: Vigdal reported the totals for the month of August, 2017. Green Waste total was $3,789.50. Electronics was $2,224.40. Appliances were $1,236.00. HHM was $839.00. Tires were $17.00. Total for the month of August was $8,105.90.

Landfill Update: No one from Waste Management was in attendance.

Open Discussion – Commissioners: Wanda Thielen is retiring August 31, 2017. The Commission will need to fill the Secretary/Treasurer position. Vigdal stated he will take it but he is not a member. Thielen will check the by-laws and report back to the Commissioners. Peters also stated he could possibly do it as well.

Public Comments: None.

Next meeting: September 28, 2017.Adjourn: 1:30 P.M._

Dickinson County Landfill Commission

Wanda Thielen, Secretary/Treasurer

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LAKE PARK CITY COUNCIL

AUGUST 30, 2017

The following are the minutes as recorded by the City Clerk and are subject to council approval at the next regular meeting on 09-11-17

Lake Park City Council met in Special Session on 8-30-17 at City Hall at 11:30am. Mayor Engel called meeting to order at 11:40am. Members present: Schumacher, Heikens, Baumgarn and Clerk Matthiesen. Absent: Taber & Reekers.

Moved by Heikens/Schumacher to approve the extended outdoor liquor license for Johnny’s Pub for 09/03/17 thru 09/04/17; all ayes.

The RFP requirements, process and timeline were discussed. Moved by Heikens/Baumgarn to approve the release of an RFP to perform a watershed and Silver Lake assessment in cooperation with the DNR Lakes Restoration; all ayes.

Moved by Heikens/Schumacher to adjourn at 11:57am; all ayes

John Engel, MayorMarie Matthiesen, City Clerk

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MILFORD CITY COUNCIL

REGULAR MEETING

AUGUST 28, 2017

6:30 PM

The Milford City Council met in regular session August 28, 2017 at 6:30 p.m. in the Community Center Board Room

Mayor Bill Reinsbach presided.

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

Absent: Jason Simpson

Others present: Attorney Harold Dawson, Pete Schmitz, Jennifer Munsen

Bill Reinsbach led the Pledge of Allegiance.

Motion by Huse second by Rolling to approve the agenda. All voting aye. Motion carried.

Motion by Walters second by Huse to approve consent agenda. All voting aye. Motion carried.

Items on the Consent Agenda were as follows:

• Minutes August 14, 2017 meeting

• Liquor license renewal for Dyno’s Amoco Food Shop

• Cigarette/Tobacco permit: Mill Creek Restaurant Lounge

CITIZEN OPPORTUNITY FOR COMMENT

Residents from Q Avenue asked if anything is being done concerning vehicles speeding on Q Avenue. Mayor Reinsbach responded yes and that he had spoken with the Assistant Police Chief Bob Clark and asked to patrol the area more often. They suggested putting up stop signs but this would need to go through the Planning & Zoning Commission first.

PUBLIC HEARING

Public Hearing on Lease or “R” Avenue Right of Way with Underground, NRG, LLC at 6:30 p.m.

Mayor Reinsbach opened the meeting at 6:34 p.m. There was no oral and written comments received at the City Clerk’s office. With no further comments Mayor Reinsbach closed the public hearing at 6:35 p.m.

ACTIONS & DISCUSSION ITEMS

Resolution approving Lease Agreement with Underground NRG, LLC

Motion by Olsen second by Huse to approve Resolution 17-38 Approving Lease Agreement with Underground NRG, LLC

Roll call vote. Voting aye: Olsen, Rolling, Walters and Huse. Nay: None motion carried

Resolution approving FY 2017 Street Financial Report

Motion by Huse second by Walters to approve Resolution 17-39 Approving FY2017 Street Financial Report

Roll call vote. Voting aye: Olsen, Rolling, Walters and Huse. Nay: None motion carried

Resolution setting public hearing to convey the vacated portion of N Avenue north of 22nd St and south of 23rd St. to Lucilemae, LLC

Motion by Olsen second by Walters to approve Resolution 17-40 Resolution setting public hearing to convey the vacated portion of N Avenue north of 22nd St and south of 23rd St. to Lucilemae, LLC

Roll call vote. Voting aye: Olsen, Rolling, Walters and Huse. Nay: None motion carried

Resolution setting public hearing on City of Milford Comprehensive Land Use Plan

Motion by Huse second by Olsen to approve Resolution 17-41 Resolution setting public hearing on the City of Milford Comprensive Land Use Plan.

Roll call vote. Voting aye: Olsen, Rolling, Walters and Huse. Nay: None motion carried

Closed session pursuant to Iowa Code Chapter 21.5 1(j) to discuss the purchase of a particular real estate

Motion by Huse second by Walters to go into closed session to discuss the purchase of a particular real estate. Aye: Olsen, Rolling, Walters, and Huse. Nay: None. Motion carried. Council went into closed session at 6:46 p.m. Pursuant to Iowa Code 21.5(1)(j). Motion by Olsen second by Walters to reopen the meeting. Aye: Olsen, Rolling, Walters, and Huse. Nay: None. Motion carried. The meeting reopened at 7:27 p.m.

COMMENTS BY MAYOR, COUNCIL, AND STAFF

Councilperson Rolling asked if we had heard anything from the State Auditor, City Administrator LeAnn Reinsbach commented the last conversation she had was about 2 weeks ago and they would call to set up a time to visit within the next 3-4 weeks. With no other discussion, motion to adjourn by Olsen second by Rolling at 7:30 p.m. All voting aye: Motion carried.

Respectfully submitted,_
Bill Reinsbach, MayorLeAnn Reinsbach,

City Administrator/Clerk

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NOTICE OF PUBLIC HEARING REGARDING THE PROPOSAL TO CONVEY THE VACATED PORTION OF N AVENUE NORTH OF 22ND STREET AND SOUTH OF 23RD STREET TO LUCILEMAE, LLC

Notice is hereby given that the City Council of the City of Milford, Dickinson County, Iowa, will meet in the Council Chambers of the City of Milford, Dickinson County, Iowa, on the 11th day of September, 2017 at 6:30 p.m. at which time the City Council of the City of Milford will hold a public hearing on a proposal to convey the vacated portion of N Avenue to Lucilemae, LLC described as follows:

N Avenue North of 22nd Street and South of 23rd Street.

The conveyance will be by quit claim deed. The City of Milford will retain a utility easement on this property. The City of Milford has determined that the transfer will serve an economic development purpose pursuant to Iowa Code section 15A.1, that the requirements of Iowa Code section 15A.1 are met and that no further consideration is necessary for this transfer.

At the time of the hearing, the City Council will hear any objections to the proposed conveyance of the described street. Any objections may be filed with the City Clerk prior to the meeting.

After the hearing, the City Council may proceed to approve a resolution to convey the above described street to Lucilemae, LLC.

Published by order of the City Council of the City of Milford, Iowa.

City of Milford

By:

LeAnn Reinsbach, City Clerk/City Administrator

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PUBLIC HEARING NOTICE

MILFORD CITY COUNCIL’S REVIEW AND CONSIDERATION

OF THE 2017 COMPREHENSIVE LAND USE PLAN.

The City of Milford has worked with the Northwest Iowa Planning and Development Commission in preparing an updated 2017 Comprehensive Land Use Plan for the community. In keeping with its prescribed responsibilities, the Milford Planning and Zoning Commission has reviewed and recommended approving the proposed updated Milford Comprehensive Land Use Plan to the City Council. The city’s comprehensive plan is a collection of information, maps, goals and land use policies designed to guide the future growth and development of the community. The Milford City Council will hold a public hearing on 11th day of September, 2017 at 6:30 p.m. in the Milford City Council Chambers at 806 N. Avenue. Copies of the proposed comprehensive plan, or portions thereof, are available for inspection at the Milford City Hall at the same address above during the office hours of 8:00 a.m. to 5:00 p.m. M-TH and 8:00 a.m. to 4:00 p.m. on Friday, or by contacting the City Administrator/Clerk. Written or oral comments are welcome and the public is strongly encouraged to attend. For additional information please contact the Milford city offices at 338-2741.

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PUBLIC NOTICE

Notice is hereby given that on Monday the 25th day of September 2017, at the hour of

7:00 p.m. in the community room, first floor of the Dickinson County Courthouse,

1802 Hill Avenue, Spirit Lake, Iowa, the Dickinson County Board of Adjustment will hold a public hearing on the Conditional Use application for Okoboji RV Resorts, LLC (contract purchasers) to construct a RV Campground in the A-1 Agricultural District, allowed only as a conditional use on the following described property:

THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 99 NORTH, RANGE 36 WEST OF THE 5th P.M., DICKINSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER ; THENCE SOUTH 1°00’48” WEST (RECORD BEARING) ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER 473.57 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1°00’48” WEST 400 .04 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN LAND DEEDS BOOK 45, PAGE 783 IN THE OFFICE OF THE DICKINSON COUNTY RECORDER; THENCE SOUTH 89°58’52” EAST 1162.29 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH 1°01’49” WEST 456.04 FEET TO THE SOUTHEAST CORNER OF SAID TRACT AND THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER ; THENCE SOUTH 89°48’59” EAST 161.10 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER ;THENCE NORTH 0°02’17” WEST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER 856.46 FEET; THENCE NORTH 89°59’00” WEST 1307.53 FEET TO THE POINT OF BEGINNING, CONTAINING 13.68 ACRES SUBJECT TO PUBLIC ROAD RIGHT-OF-WAY ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER .

Quit Claim Deed from Roelofsen to Albertsen

The North 135 feet of the following described tract:- A tract of land in the Northeast Quarter of the Northwest Quarter of Section 11, Township 99 North Range 36 West of the 5th P.M., Dickinson County, Iowa, described as follows:-Commencing at the Northwest corner of said Section 11; thence North 90°00’00” East along the Northerly line of the Northwest Quarter of said Section 11 to the Northwest comer of the Northeast Quarter of the Northwest Quarter of said Section 11; thence South 1°00.8’ West along the Westerly line of the Northeast Quarter of the Northwest Quarter of said Section 11, a distance of 973.58 feet; thence South 1°07.8’ West 34.7 feet to the point of beginning; thence North 90°00’ East 261.34 feet; thence Southerly to a point on the. South line of the Northeast Quarter of the Northwest Quarter of said Section 11, which point is 284.32 feet East of the Southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 11; thence Westerly along the Southerly line of said Northeast Quarter of the Northwest Quarter to the Southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 1°00.8’ East to the point of beginning; EXCEPTING therefrom all that part of said North 135 feet contained in Amended Parcel K in said Section 11 as the same appears in a Plat of Survey by James R. Blum, LS., Jim Blum Surveying, dated November 28, 2012, and filed November 29, 2012 at Survey Book 18, Page 108 in the office of the Dickinson County Recorder.

AND

That part of the Northeast Quarter of the Northwest Quarter of Section 11, Township 99, North, Range 36 West of the 5th P.M., Dickinson County, Iowa, described as follows:- Commencing at the Northwest comer of the Northwest Quarter of said Section 11; thence North 90°00’00” East, along the North line of said Northwest Quarter, a distance of 1,327.55 feet to the Northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 11; thence South 1°53’53’’ West 873.38 feet, to the point of beginning; thence continuing South 1 °53’53” West 100.20 feet; thence South 1°07.8’ West 37.4 feet; thence North 89°05’58” East 261.34 feet; thence South 2 °16’01’’ East to a point of intersection with the North line of the Amended Parcel K in the Northwest Quarter of said Section 11, as the same appears in a Plat of Survey by James R. Blum, L.S., Jim Blum Surveying, dated November 28, 2012, and filed November 29, 2012 in Survey Book 18, Page 108 in the office of the Dickinson County Recorder; thence North 87°20’49” East, along the North line of said Amended Parcel K to its most Northerly corner; thence South 2°46’09” East 41.99’ along said Amended Parcel K; thence South 88°55’49” East 322.03 feet along the line of said Amended Parcel K to its most Northeasterly corner; thence South 153’53” West 191.00 feet, along the Easterly line of said Amended Parcel K to a point of intersection with the South line of said Northeast Quarter of the Northwest Quarter; thence South 88°55’49’’ East, 472.44 feet to the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence North 1°53’53” East 456.06 feet along the East line of said Northeast Quarter of the Northwest Quarter; thence North 89°05’50” West 1,162.14 feet to the point of beginning.

EX CEPT Part of the Northeast Quarter of the Northwest Quarter of Section 11, Township 99 North, Range 36, West of the 5th P.M., Dickinson County, Iowa, described as follows:- The South 191.00 feet of the parcel described in Land Deed Book 45, Page 783 of the Dickinson County, Iowa Recorders Records except Parcel “K” per Survey Book 18 Page 108 of Dickinson County, Iowa Recorder’s Records, containing 2.07 _
Jeff Ashland, Chairperson

Dickinson Co. Board of Adjustment

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PUBLIC NOTICE OF

STORM WATER DISCHARGE

N & J Investments, LLC 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 Excavation, Site Grading and Paving

Located in the Southeast ¼ of Section 17, Township 99 North, Range 36 West of the 5th P.M., Dickinson County, Iowa

Storm water will be discharged from two point sources and will follow the overland runoff path into the storm sewer system and into East Lake Okoboji.

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

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