Legals - Week of 12.20.17

Tuesday, December 19, 2017

NOTICE OF U.S. MARSHAL’S SALE

C-17-4043-LTS

Public notice is hereby given, that by virtue of a writ of execution (or Fieri Facias), dated November 8, 2017, issued out of the United States District Court, for the Northern District of Iowa, on a judgment rendered in said Court, on the 30th day of October, 2017, in favor of the United States of America and against Vance Richard Grave and The State of Iowa, defendants, I have, on this 6th day of December, 2017, levied upon the following described real estate, situated in the County of Dickinson and State of Iowa, to wit:

LOT FOURTEEN (14), AUDITOR’S PLAT NO. 117, IN THE CITY OF SPIRIT LAKE, DICKINSON COUNTY, IOWA.

I will, accordingly, offer said real estate for sale, at public auction to the highest and best bidder, for cash or certified check, on the 10th day of January, 2018, at 11:00 o’clock a.m., at the front door of the Dickinson County Courthouse, Spirit Lake, Iowa.

Said sale shall be subject to any unpaid real property taxes or special assessments.

Dated, this 13th day of
November, 2017./s/ Kathryn M. Hayden KENNETH J. RUNDE,
Plaintiff’s AttorneyUnited States Marshal
Assistant United States AttorneyNORTHERN DISTRICT OF IOWA
600 4th Street, Suite 670_

Sioux City, Iowa 51101

712-202-1755

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IN THE IOWA JUVENILE COURT FOR DICKINSON COUNTY

IN THE INTEREST OFJUVENILE NO. JVJV003321
C.R.ORIGINAL NOTICE
D.O.B. 05/19/2004,
A Child.TO: Randall Rongved, Father of a Child Born on the 19th day of May, 2004.

You are hereby notified that there is now on file in the office of the clerk of the above Court a Child in Need of Assistance Petition concerning the above-named child pursuant Iowa Code Chapter 232. The Petitioner is the State of Iowa whose attorney is Travis Johnson, Assistant Dickinson County Attorney, and whose address is 1802 Hill Avenue, Suite 2509, Spirit Lake, Iowa 51360, phone number 712-336-4003.

You are further notified that an adjudicatory hearing has been set for the child in interest and shall be held before the Juvenile Court on January 3, 2018 at 10:30 a.m. in the juvenile courtroom of the Dickinson County Courthouse in Spirit Lake, Iowa. If you fail to appear and defend at said time and place, judgment by default may be rendered against you for the relief demanded in the petition. You have the right to court appointed counsel if you are indigent.

IMPORTANT

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

If you need assistance to participate in court due to a disability, call the disability coordinator at 712-279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.

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IN THE IOWA JUVENILE COURT FOR DICKINSON COUNTY

IN THE INTEREST OFJUVENILE NO. JVJV003327
M.D.ORIGINAL NOTICE
D.O.B. 10/01/2013,A Child.TO: Stephanie Moore, Mother of a Child Born on the 1st day of October, 2017.

You are hereby notified that there is now on file in the office of the clerk of the above Court a Child in Need of Assistance Petition concerning the above-named child pursuant Iowa Code Chapter 232. The Petitioner is the State of Iowa whose attorney is Travis Johnson, Assistant Dickinson County Attorney, and whose address is 1802 Hill Avenue, Suite 2509, Spirit Lake, Iowa 51360, phone number 712-336-4003.

You are further notified that an adjudicatory hearing has been set for the child in interest and shall be held before the Juvenile Court on January 3, 2018 at 10:00 a.m. in the juvenile courtroom of the Dickinson County Courthouse in Spirit Lake, Iowa. If you fail to appear and defend at said time and place, judgment by default may be rendered against you for the relief demanded in the petition. You have the right to court appointed counsel if you are indigent.

IMPORTANT

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

If you need assistance to participate in court due to a disability, call the disability coordinator at 712-279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.

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THE IOWA DISTRICT COURT DICKINSON COUNTY

Probate No. ESPR014417

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

IN THE ESTATE OF Bonnie L. Albertson, Deceased

To All Persons Interested in the Estate of Bonnie L. Albertson, Deceased, who died on or about September 1 ,2017:

You are hereby notified that on the 6th day of December, 2017, the last will and testament of Bonnie L. Albertson, deceased, bearing date of the 13th day of August, 1982, was admitted to probate in the above named court and that Bill Sanderson 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 _20_ day of _December_ 20_17_.

Executor of Estate

Bill Sanderson

11945-253rd Ave.

Spirit Lake, IA 51360

Lynn Fillenwarth, #AT0002486

Attorney for executor

Firm Name:

Fillenwarth & Fillenwarth, 104 N. 7th St.

Estherville, IA 51134

Date of second publication: 27th day of December, 2017.

Probate Code Section 304

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THE IOWA DISTRICT COURT, DICKINSON COUNTY

Probate No. ESPR014423

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

IN THE MATTER OF THE ESTATE OF BETTY BUCKLEY, Deceased.

To All Persons interested in the Estate of Betty Buckley, Deceased, who died on or about November 30, 2017:

You are hereby notified that on the 13th day of December, 2017, the last will and testament of Betty Buckley, deceased, bearing date of January 21, 2008, was admitted to probate in the above named court and that Tom Maudlin and Tim Maudlin were appointed Co-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 of one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated this 13th day of December, 2017.

Tom Maudlin15232 215th AvenueSpirit Lake, IA 51360

Tim Maudlin

18739 Vogel Farm Trail

Eden Prairie, MN 55347

Lonnie B. Saunders

Attorney for Executor

SAUNDERS LAW OFFICE

P. O. Box E

Spirit Lake, IA 51360

Date of second publication

_27_ day of _December_, 2017.

Probate Code Section 304

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THE IOWA DISTRICT COURT, DICKINSON COUNTY

Probate No. ESPR014415

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

IN THE MATTER OF THE ESTATE OF GLORIA CHRISTENSON, Deceased.

To All Persons interested in the Estate of Gloria Christenson, Deceased, who died on or about November 15, 2017:

You are hereby notified that on the 14th day of December, 2017, the last will and testament of Gloria Christenson, deceased, bearing date of March 18, 2010, was admitted to probate in the above named court and that Julie Christenson was appointed Executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

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

Dated this 14th day of December, 2017.

Julie Christenson

P. O. Box 535

Lake Park, IA 51347

Lonnie B. Saunders

Attorney for Executor

SAUNDERS LAW OFFICE

P. O. Box E

Spirit Lake, IA 51360

Date of second publication

_27_ day of _December_, 2017.

Probate Code Section 304

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Dickinson County Trail Board Meeting 12-8-17

Board Present: Harrington, Maas, Martin, Morrow, Richter, Rierson, Steffes, Taylor, ED Reed

Board Absent: Huseman, Sackett

1. Quorum determined to be present.

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

3. Introduction of visitors: B. Cuperus - DCCB

4. Bills & Claims 12-8-17: US Bank-Trails credit card $20 (Constant contact 12/6/17): Alliant Energy $20.65 (Tunnel lights 11/3/17-12/4/17): M. Carlson $45 (Secretarial): Dickinson County News $88.46 (October & November meeting minutes): Iowa Civil Contracting, Inc. $237,495.79 (Railroad-Payment Application No. 4): Beck Engineering $790 (Engineering-PLAC Connector Trail by OF Project Fund): Beck Engineering $3,900 (Engineering – Trail Visioning Project): Certified Testing Services $2,218 (Railroad-certified concrete testing for structures): Web Graphics, Inc. $1,781.45 (Fall Friends Campaign-letters & postage): SofterWare $1,078 (DonorPerfect service fee-1 year): Iowa Bicycle Coalition $100 (Membership renewal): Sandra Wilmot $17.12 (2018 fundraiser decorations): City of Okoboji $6,325 (Trail improvements-Gordon Dr.): Rens Concrete $7,700 (trail improvements-Trestle Bridge): Beck Engineering $197.50 (Engineering – trail improvements Gordon Dr. & Trestle Bridge): US Bank-Trails credit card $98 (USPS-stamps).

OLD BUSINESS:

a. Ongoing projects:

• Rail Trail – Reed updated board on infrastructure project; Iowa Civil Contracting has suspended work for the season.

• Jones Pasture – REAP grant committee wants additional info on board efforts to secure funding.

• PLAC Connector Trail – update on progress.

b. Maintenance Update

• Nature Trails – Diamond Concrete started slope stabilization work; plan to leave existing pavement until spring.

• City of Okoboji, Gordon Dr. Project – All trail work is completed; DCCB will be installing wing walls.

c. Trail Counters – Reed presented August – November trail counts.

d. 2017 Fall Friends Mailing – updated board.

OLD BUSINESS:

a. Election of Officers – Motion by Maas 2nd by Morrow to nominate current officers, cease nominations, unanimous ballot to continue with current officers. Carried.

b. Iowa Bicycle Summit – Motion by Richter and 2nd by Steffes to approve expense for Reed and Taylor to attend the Iowa Bicycle Summit in Des Moines January 25-26. Carried.

c. 2019 Planning – Continued Strategic planning for 2018 development.

d. 2018 Maintenance – Strategic planning for 2018 maintenance.

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

Next Trail Board meeting – January 12, 2017

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Terril City Council Meeting

December 11, 2017

Terril, IA 51364

The Terril City Council met in regular session on December 11, 2017 at 6:00 PM at Terril Memorial Building. The meeting was called to order at 6:00 P.M. by Mayor Darrell Woods Jr. The following councilpersons were present: Brian Brawner, Jeri Nissen, Ron Soat, Ken Trojahn. Absent: Julie Thiesen. Others present: Austin Fairchild, Joshua Murray, and Dana Loring.

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

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

Joshua Murray of Alliant Energy was present and provided updated emergency contact information for City Hall and the Fire Department. He indicated Alliant would provide electric service for Holiday decorations on Schooley Street.

Austin Fairchild, Jeri Nissen, and Darrell Woods Jr took the Oath of Office and their terms will begin January 1, 2018.

The Council agreed the Memorial Building entrance doors, threshold and locks needed to be replaced.

Motion by Soat and seconded by Trojahn to approve the minutes of the November 6, 2017 meeting as presented. Motion Carried.

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

Motion by Nissen and seconded by Soat to approve the Treasurer’s Report. Motion carried. November receipts totaled $71,236.65 and November disbursements totaled $109,446.45. Motion carried.

Motion by Brawner and seconded by Nissen to approve Resolution 2017-21, Funds Transfer Resolution. Motion Carried.

The Council reviewed Chicken, Junk & Junk Vehicle Ordinances.

The January Regular City Council Meeting will be held Monday, January 8, 2018.

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

_Dana Loring, City ClerkDarrell Woods Jr., Mayor

Vendor-Description-Amount

Tim Matthews

Net Wages - November 1 - 15-1,391.34

Linda Dingel

Net Wages - November-665.50

Dennis Hildreth

Net Wages - November-362.27

Dana Loring

Net Wages - November-654.26

Scot Matthews

Net Wages - November-614.87

Tim Matthews

Net Wages - November 16 - 30-1,391.34

Darrell Woods Jr.

Net Wages -November-138.52

Collection Services Center

SM Ch Sup-242.00

941 Employers Federal Tax

November FICA & Federal

Withholding-2,189.15

IPERS

November IPERS-1,165.80

Treasurer, State of Iowa

November State EE Withholding-418.00

Iowa Finance Authority

GO Capital Loan Note - Interest-

2,560.00

Iowa Finance Authority

Sewer Revenue Capital Loan Note - Interest-11,190.00

Alliant Utilities

Service-1,899.17

Arnold Motor Supply

Pick up repairs-61.69

Black Hills Energy

Water Plant /Fire Station/Library

310.42

CenturyLink

Toll Charges-33.50

Dana Loring

1 year - I Drive City Daily Software Back-up-69.50

Dickinson County Auditor

City Election-845.31

Dickinson County Conservation Board

Appliance Disposal-36.00

Dickinson County News

October & November Legals/Zoning Ordinance-718.62

Dickinson County Sheriff

November-833.33

Linda Dingel

Library Books-178.37

ECCOG

November Landfill-1,294.19

Iowa Lakes Electric Coop

Lagoon Service-60.15

Iowa Rural Water Assn.

2018 dues-200.00

Johnaon Feed, Inc.

Bulk Solar Salt-3,997.95

Lair’s Custom Auto

Pick up rear bumper/install-508.83

Met, Inc.

Wastewater Testing-42.00

Pixler Electric

Bulbs -53.44

Pro Coop

November Vehicle-526.95

Shamrock Recycling

November-444.52

Spirit Lake Library

Library Books/Audio Books-187.00

Stall’s

Drill Bit, Tape, Coupling, Boiler Drain, Wing Elbow-70.77

Terril Telephone Coop

City Hall/Water Plant/Library-163.78

Tim Matthews

Cell Phone-30.00

Sam Wedeking Excavating

Lewis -860.39

Total Expenses- $36,408.93

November Receipts

General $26,800.51

LOT $12,413.22

RUT $3,506.07

TIF $14,799.00

Water $6,426.26

Sewer $4,229.30

Garbage- $3,062.29

Total November Receipts- $71,236.65

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Dickinson County Board of Supervisors

December 5, 2017

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

Those present recited The Pledge of Allegiance.

Meeting called to order by Chairperson, William Leupold.

Greg Drees representing the Okoboji Blue Water Festival present to give an annual update for the organization and to make fiscal year 2019 funding request of $5000. The board will consider the funding request at budget time.

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

Chairperson Leupold presented a letter from Iowa State Association of Counties encouraging member counties to consider joining with other Iowa counties in a nationwide litigation effort against pharmaceutical companies to hold them responsible for their role in creating the opioid epidemic. The effort is being led by the Crueger Dickinson and Simmons Hanly Conroy litigation team. The law firm is proposing to pursue this legal action on a contingent fee basis. There would be no out of pocket expense for the counties. Counties would instead contribute staff to help with the research and paperwork. Beth Will, Dickinson County Service Coordinator, informed the Board that Compass Point has already began working on compiling data on this topic and will come and report to the Board on their progress. No action was taken at this time.

Lonnie Saunders, assistant county attorney, present with the real estate contract between the buyer, Gerald Petersen and Dickinson County for 28.6 acres of land in the SE1/4 NW1/4 in Section 8 of Lakeville Township known as part of the Neppl Pit to be used as a trap, archery and gun club. Moved by Johnson, seconded by Fairchild, to sign the contract with amendments to the language in the contract. Roll call vote: Johnson-aye, Fairchild-aye, Allen-aye, Jordan-aye, Leupold-aye.

Moved by Jordan, seconded by Allen, stating that policy regarding encroachment of docks owned by Dickinson County will follow IA DNR rules: “No encroachment of County owned property including property lines into the lake will be allowed.” Roll call vote: Jordan-aye, Allen-aye, Johnson-abstained, Fairchild-aye, and Leupold-aye.

County engineer present. Moved by Allen, seconded by Jordan to approve Diamond Concrete Incorporated of Spirit Lake, Iowa in the amount of $36,750 for Project Number MP-17-03 Clearing and Grubbing project which is also known as the demolition of the Peters and Coleman properties. Roll call vote: Allen-aye, Jordan-aye, Johnson-aye, Fairchild-aye, and Leupold-aye

Cohrs Construction
Spirit Lake, IA$38,500.00

Diamond Concrete

Spirit Lake, IA$36,760.00
Valley ContractingEstherville, IA$45,650.00

Moved by Johnson, seconded by Allen to approve Drainage District #15 repair work for Alex Will in Section 34 of Silver Lake Township. The repair work should cost approximately $500. Roll call vote: Johnson-aye, Allen-aye, Fairchild-aye, Jordan-aye and Leupold-aye.

Moved by Johnson, seconded by Fairchild to approve Drainage District#19 repair work for Steve Titterington in Section 5 of Okoboji Township. The repair should be approximately $1000. Roll call vote: Johnson-aye, Fairchild-aye, Allen-aye, Jordan-aye, and Leupold-aye.

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

There being no further items presented to the board, moved by Fairchild, seconded by Johnson to adjourn. All voted aye. Meeting adjourned to the call of the Chairperson at 10:49 a.m.

_William Leupold, Chairperson

Lori Pedersen, Auditor

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ORDINANCE NO. 121

AN ORDINANCE ADOPTING THE “CODE OF ORDINANCES

OF THE CITY OF WEST OKOBOJI, IOWA”

BE IT ORDAINED by the City Council of the City of WEST OKOBOJI, Iowa, that:

SECTION 1. Pursuant to published notice and following public hearing on the 11th day of December, 2017, so required by Sections 362.3 and 380.8, Code of Iowa, there is hereby adopted by the City of WEST OKOBOJI, Iowa, the “CODE OF ORDINANCES OF THE CITY OF WEST OKOBOJI, IOWA.”

SECTION 2. All of the provisions of the “CODE OF ORDINANCES OF THE CITY OF WEST OKOBOJI, IOWA,” shall be in force and effect on and after the effective date of this ordinance.

SECTION 3. All ordinances or parts thereof in force on the effective date of this ordinance are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.

SECTION 4. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance of any bonds of said City or any evidence of said City’s indebtedness or any contract or obligation assumed by said City; nor shall said repeal affect the administrative ordinances or resolutions of the Council not in conflict or inconsistent with the provisions of “THE CODE OF ORDINANCES OF THE CITY OF WEST OKOBOJI IOWA”; nor shall it affect the following ordinances specifically saved from repeal:

URBAN RENEWAL

ORDINANCE NO.ADOPTED
113September 3, 2001

VACATION AND

DISPOSAL OF STREETS

ORDINANCE NO.ADOPTED
26no date
38February 9, 1948
85August 7, 1989
86July 3, 1989
95April 5, 1993

August 26, 2002

ZONING

ORDINANCEADOPTED
79August 6, 1985
80March 3, 1986
84May 1, 1989
87July 9, 1990
91September 2, 1991
96April 5, 1993
101April 7, 1997
102June 2, 1997

August 26, 2002

112April 17, 2014

SUBDIVISION REGULATIONS

ORDINANCEADOPTED
74June 3, 1981

nor shall it affect any other right or franchise conferred by any ordinance or resolution of the Council or any other person or corporation; nor shall it affect any ordinance naming, establishing, relocating or vacating any street or public way, whether temporary or permanent; nor shall it affect any ordinance amending the official zoning map, establishing building lines, establishing and changing grades, or dedicating property for public use; nor shall it affect any prosecution, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance.

SECTION 5. The following ordinances, passed subsequent to the preparation of this code but prior to adoption of this code, are hereby adopted and made a part of this code. These are ordinances “none”. Said ordinances shall be codified and incorporated in published copies of this code as supplements thereto following adoption of this ordinance.

SECTION 6. An official copy of the “CODE OF ORDINANCES OF THE CITY OF WEST OKOBOJI, IOWA,” adopted by this ordinance, including a certificate of the City Clerk as to its adoption and the effective date, is on file in the office of the City Clerk, and shall be kept available for public inspection.

SECTION 7. The City Clerk shall furnish a copy of the “CODE OF ORDINANCES OF THE CITY OF WEST OKOBOJI, IOWA,” to the Judicial Magistrates serving the City of WEST OKOBOJI.

SECTION 8. This ordinance shall be in full force and effect from and after the publication of this ordinance, as required by law.

Passed by the City Council of the City of WEST OKOBOJI, Iowa, the 11th day of December, 2017.

Larry Traughber,

Mayor City of West Okoboji

ATTEST:

Lissa Ballis, City Administrator/Clerk

First Reading – December 11, 2017

Motion by Council Member Marcia Petersen, seconded by Council Member Robert Hein, first reading of Ordinance No. 121.

AYES: Hein, Olson, Petersen

ABSTAIN: Ladegaard

ABSENT: Paxton

Second and Third Reading Waived – December 11, 2017

Motion by Council Member Mike Olson, seconded by Council Member Robert Hein, waiving of second and third readings of Ordinance No. 121.

AYES: Hein, Olson, Petersen

ABSTAIN: Ladegaard

ABSENT: Paxton

Adopt Ordinance No. 121 – December 11, 2017

Motion by Council Member Marcia Petersen, Seconded by Robert Hein to adopt Ordinance No. 121.

AYES: Hein, Olson, Petersen, Ladegaard

ABSENT: Paxton

The Mayor declared Ordinance No. 121 passed on December 11, 2017.

I hereby certify that the foregoing Ordinance No.121 was published as required by law on the 20th day of December, 2017.

Lissa Ballis, City Administrator/Clerk

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CITY OF WEST OKOBOJI, IOWA

ORDINANCE NO. 2017-2

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST OKOBOJI, IOWA BY CHANGING THE CITY’S OFFICIAL ZONING MAP.

WHEREAS, the West Okoboji Zoning Ordinance and Official Zoning Map are on file in the office of the City Clerk designating certain zoning districts and regulations as provided by Chapter 414, Code of Iowa, and

WHEREAS, the West Okoboji Planning and Zoning Commission has considered the requested zoning change and it is deemed advisable and recommended by the Planning and Zoning Commission to amend the city’s Official Zoning Map.

NOW THEREFORE IT BE ORDAINED, by the City Council of West Okoboji, Iowa;

Section 1. AMEND ZONING ORDINANCE AND ZONING MAP TO REFLECT A CHANGE IN ZONING DISTRICTS FROM (AG) AGRICULTURE AND (R) RESIDENTIAL TO (C) COMMERCIAL.

The Zoning Ordinance and Official Zoning Map of West Okoboji, Iowa is hereby amended by changing the zoning district from AG- Agriculture and R- Residential districts to C- Commercial district on the city’s Official Zoning Map. This change is for 1.67 acres of land legally described as the South 263.00 Feet of the West 281.00 Feet of the East 314.00 Feet of Lot B, of the Replat of Terrace Park, West Okoboji, Iowa. The property being requested for rezoning is owned by W. Dale Den Herder. The land is located at 507 Terrace Park Boulevard in West Okoboji. Note: a map of the proposed land being considered for rezoning is attached.

Section 2: REPEALER. All ordinances or parts of the previously adopted 2007 West Okoboji Zoning Ordinance or Official Zoning Map in conflict with the provisions of this zoning amendment are hereby repealed.

Section 3: SEVERABILITY CLAUSE. If any section, provision or any part of this zoning amendment is determined to be invalid or unconstitutional, such adjudication shall not affect the validity of the previously adopted 2007 West Okoboji Zoning Ordinance or Official Zoning Map as a whole, or any part or provision of the zoning amendment not determined to be invalid or unconstitutional.

Section 4: EFFECTIVE DATE. This zoning amendment shall be in full force and effect from after passage and publication in a newspaper of general circulation.

Passed and approved this 11th day of December, 2017.Larry Traughber

Mayor, City of West Okoboji

Attest:

Lissa Ballis

West Okoboji City Administrator

I certify that the foregoing was published as Ordinance No.2017-2 on the 20th day of December, 2017.

Lissa Ballis

West Okoboji City Administrator

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CITY OF WEST OKOBOJI, IOWA

ORDINANCE NO. 2017-3

AN ORDINANCE AMENDING THE 2007 CITY OF WEST OKOBOJI, IOWA ZONING ORDINANCE; BY REPEALING AND REPLACING ARTICLE XXI. VIOLATION AND PENALTY.

WHEREAS, the zoning ordinance and zoning map on file in the office of the City Clerk designates certain standards as provided by Chapter 414, Iowa Code, and

WHEREAS, the West Okoboji Planning and Zoning Commission has considered the proposed zoning amendment and it is deemed advisable and recommended by the Planning and Zoning Commission to repeal and replace Article XXI. Violation and Penalty.

NOW THEREFORE IT BE ORDAINED, by the City Council of West Okoboji, Iowa;

Section 1. REPEAL AND REPLACE ZONING TEXT. The West Okoboji Zoning Ordinance is hereby amended by repealing the existing language from Article XXI. Violation and Penalty and replacing with the following new text.

ARTICLE XXI

Violation and Penalty

Article 21: Violation and Penalty

Section 21.1. Violation and Penalty

Section 21.2. Restraining Order

Section 21.1. VIOLATION AND PENALTY.

Unless provided elsewhere in this ordinance or the city’s municipal code, any person, firm, corporation or agent responsible for such building or land who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance or amendment thereof; or who shall build or alter any building in violation of any detailed statement or approved plan with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor; or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction and punishable by civil penalty as provided herein. Each day that a violation is permitted to exist constitutes a separate offense.

A municipal infraction for a zoning violation in West Okoboji, Iowa is punishable under the following civil penalties: (Code of Iowa, 2016, Sec. 455A.22 and Sec. 123.49) First offense – no less than $250 and not to exceed $750.00, plus court costs Second and repeat offenses – no less than $250 and not to exceed $1,000.00, plus court costs

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

West Okoboji Zoning Ordinance Amendment Page -2-

Section 21.2. RESTRAINING ORDER.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this ordinance, the city attorney, in addition to other remedies, may institute any proper action or proceed in the name of the City of West Okoboji to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, conduct, business or use in or about said premises.

Section 2.REPEALER. All ordinances or parts of the previously adopted West Okoboji Zoning Ordinance in conflict with the provisions of this zoning amendment are hereby repealed.

Section 3. SEVERABILITY CLAUSE. If any section, provision or any part of this zoning amendment is determined to be invalid or unconstitutional, such adjudication shall not affect the validity of the previously adopted West Okoboji Zoning Ordinance as a whole, or any part of provision of the zoning amendment not determined to be invalid or unconstitutional.

Section 4. EFFECTIVE DATE. This zoning amendment shall be in full force and effect from after passage and publication in a newspaper of general circulation.

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

Larry TraughbeMayor, City of West Okoboji

Attest:

Lissa Ballis

West Okoboji City Administrator

I certify that the foregoing was published as Ordinance No. 2017-3 on the 20th day of December, 2017.

Lissa Ballis,

West Okoboji City Administrator

dcn 1220-6

_

SPIRIT LAKE COMMUNITY SCHOOL

BOARD OF DIRECTOR’S

REGULAR MEETING

DECEMBER 11, 2017

The Spirit Lake Community School Board of Directors met in regular session at 5:30 p.m. in the District Office Board Room at 2701 Hill Avenue. Present were board members Teresa Beck, Keith Brockmeyer, Sonja Hamm via conference call, Kerri McKim and Scott Trautman. Also present were David Smith-Superintendent, Donna Sebert-Board Secretary, Karen Oleson-Director of Business & Finance, the Administration/Department Team, 4 staff members and 1 visitor.

President Teresa Beck called the meeting to order. The Pledge of Allegiance was recited and visitors were recognized and welcomed.

Trautman/Brockmeyer moved/seconded to approve the agenda. All aye vote. Motion carried.

Brockmeyer/McKim moved/seconded to approve the consent agenda including the following:

A) Minutes of the regular meeting on November 13; B) Claims for payment of $297,174.31; C) Employment of Jordan Gayer as Strength/Weight Room Coordinator, Madison Heidebrink as Family and Consumer Science Teacher. All aye vote. Motion carried.

Mr. O’Rourke and Luke Miller presented an update on the recent successes of the vocal music program and future goals for the choral department.

Financial Report/Budget Update was presented by Karen Oleson.

Trautman/McKim moved/seconded approval to submit a request to the School Budget Review Committee for the maximum amount allowed for modified supplemental amount for the purpose of Drop Out Prevention. All aye vote. Motion carried.

McKim/Trautman moved/seconded approval of the SLHS P.E. Requirements Waiver Request for 2018-2019 to the Dept. of Education. All aye vote. Motion carried.

Discussion was held regarding student equal ride time on school buses. Decision was made to continue gathering data and bring it back at a future meeting.

Board discussion was held regarding requests from registered sex offenders to attend events at school.

Tabled until we gather more information.

Trautman/McKim moved/seconded to adjourn. All aye vote. Motion carried. Meeting adjourned at 6:17 p.m.

Donna Sebert Teresa Beck

Board Secretary Board President

SPIRIT LAKE COMMUNITY SCHOOL CLAIMS

DECEMBER 11, 2017

VENDOR

PURPOSE-AMOUNT

LAKES NEWS SHOPPER

ADVERTISING-79.20

SUNSET TRAVEL

AIRFARE-8,145.54

SCHOOL BUS SALES

BUS PARTS-967.59

FOX INTL

BUS PARTS/REPAIR-1,521.68

VANDER HAAG’S

BUS PARTS/REPAIR-1,066.57

PETTY CASH

CASH-150.00

VERIZON WIRELESS

CELL PHONES-1,277.97

DANCE MARATHON

DONATION-624.00

ST LUKES UNITY POINT HEALTH

DONATION-537.79

CHAMBER, THE

DUES-198.00

KEY CLUB INTL

DUES-546.00

KIWANIS INTL

DUES-85.00

NATL ASSN OF SCH NURSES

DUES-139.50

IA BASKETBALL COACHES ASSN

DUES-136.50

LAKES CONFERENCE

DUES-1,000.00

ALLIANT ENERGY

ELECTRICITY-19,903.04

IOWA LAKES MUSIC DEPT

ENTRY FEE-145.00

WESTERN IA TECH COMM COLL

ENTRY FEE-200.00

SHELDON COMM SCH

ENTRY FEE-70.00

NW IA BANDMASTERS ASSN

ENTRY FEE -150.00

IA HS MUSIC ASSN

ENTRY FEES-140.00

WALDORF UNIVERSITY

FACILITIES RENT-250.00

BIMBO BAKERIES

FOOD -983.40

MARTIN BROS

FOOD/SUPPLIES-19,898.00

WEX BANK

FUEL-4,509.49

MERCER H&B

HLTH/DENTAL INS-124,066.14

SU INS CO

INSURANCE-125.00

DREAM BAY RESORT

LODGING-3,136.96

RELIANCE STD LIFE INS

LTD / LIFE INS-2,365.94

DEAN FOODS

MILK-3,417.09

BLACK HILLS GAS

NATURAL GAS-3,384.46

DICKINSON COUNTY NEWS

NOTICES-120.38

ANDERSEN, JAKE

OFFICIAL-110.00

DYKSTRA, TODD

OFFICIAL-380.00

JOHNSON, BRETT

OFFICIAL-165.00

NIELSEN, DOUG

OFFICIAL-355.00

RODAWIG, DAVE

OFFICIAL-205.00

SCHUTTLER, MARK

OFFICIAL-110.00

VAN GINKEL, MARLOWE

OFFICIAL-110.00

VAN ROEKEL, BRAD

OFFICIAL-110.00

VINGE, HANS

OFFICIAL-225.00

WYNJA, SCOTT

OFFICIAL-110.00

SPIRIT LAKE PARTS CITY

PARTS-448.66

USPS

POSTAGE-182.17

CRYSTAL VALLEY COOP

PROPANE-232.90

INDIAN ATHLETIC

BOOSTER CLUB

REFUND-3,180.00

CHAMBERS, SCOTT

REIMBURSEMENT-225.00

CUNNINGHAM, KAYLA

REIMBURSEMENT-686.95

FUELBERTH, BARB

REIMBURSEMENT-380.00

GRAY, MARY

REIMBURSEMENT-12.52

HEINITZ, KARIE

REIMBURSEMENT-42.00

HEINITZ, TIM

REIMBURSEMENT-190.40

HERSOM, PAUL

REIMBURSEMENT-22.63

KIRSCHBAUM, BOB

REIMBURSEMENT-75.00

KUHLMAN, GARY

REIMBURSEMENT-40.86

WALLBURG, GARY

REIMBURSEMENT-26.71

KOENIG PORTABLE TOILETS

RENTAL-106.00

CORNWALL, AVERY, BJORNSTAD

SERVICES-800.00

PRESTO-X

SERVICES-136.00

BOB’S PIANO SERV

SERVICES-105.00

DELTA AIRLINES

SERVICES-374.40

DOLPHIN RESEARCH CTR

SERVICES-495.00

IA DIV OF CRIMINAL

INVESTIGATION

SERVICES-200.00

IXL.COM

SERVICES-79.00

PRAIRIE LAKES AEA

SERVICES-67.55

PRAIRIE MEADOWS

SERVICES-250.88

SUMDOG

SERVICES-270.00

WAJDA, ABBI

SERVICES-400.00

LAKES ATHLETIC PERFORMANCE

SERVICES-640.00

AMAZON WEB SERV

SERVICES-801.38

CLOUD BACKO

SERVICES-287.37

ALPHA WIRELESS

SERVICES-398.00

C&D REFRIGERATION

SERVICES-1,997.42

FAGEN CONSTRUCTION

SERVICES-200.00

G & R CONTROLS

SERVICES-2,420.72

LEECHMAN FLOORING

SERVICES-5,809.02

MD LAWN SERV

SERVICES-4,970.62

MIDWESTERN MECHANICAL

SERVICES-8,411.68

STOVER, MERLIN

SERVICES-450.00

OKOBOJI MOTOR CO

SERVICES-35.90

IA COMMUNICATIONS NETWRK

SERVICES-63.73

SHAMROCK RECYCLING

SERVICES-142.77

KUIPER, JORDAN

SERVICES-140.00

KUHLMAN LAKE SERV

SERVICES-24.50

IA ASSN OF SCH BDS

SERVICES/FEES-1,066.00

NEWSELA

SOFTWARE-4,000.00

TROPHIES PLUS

SUPPLIES-387.10

iFixit

SUPPLIES-26.95

EGAN SUPPLY

SUPPLIES-1,887.60

BSN SPORTS

SUPPLIES-9,801.78

TRACKWRESTLING

SUPPLIES-103.00

AMAZON

SUPPLIES-2,145.93

95 PERCENT GROUP

SUPPLIES-2,035.00

ACT

SUPPLIES-250.00

AMY’S SIGN DESIGN

SUPPLIES-1,000.00

BROOKLYN PUBLISHERS

SUPPLIES-157.75

CAROLINA BIOLOGICAL SUPP

SUPPLIES-174.00

CC SCREEN PRINTING

SUPPLIES-100.00

FAREWAY

SUPPLIES-803.27

FISHER SCIENCE EDUC

SUPPLIES-25.20

HAPPY NUMBERS

SUPPLIES-999.00

HYVEE

SUPPLIES-128.40

ICDA

SUPPLIES-70.00

MATHEMATICALLY MINDED

SUPPLIES-41.50

MEDCO SUPPLY CO

SUPPLIES-188.10

MONOPRICE

SUPPLIES-618.28

NORTH STAR MUSIC SUPP

SUPPLIES-35.00

OKOBOJI COMM SCH

SUPPLIES-116.49

PEPPER & SON

SUPPLIES-284.44

PIONEER VALLEY BOOKS

SUPPLIES-82.50

SCHOOL HEALTH

SUPPLIES-79.08

SCHOOL IZON

SUPPLIES-176.48

SCHOOL SYS

SUPPLIES-200.00

SOUND MUSIC PUBL

SUPPLIES-75.00

TEACHER CREATED RESOURCES

SUPPLIES-31.97

WALMART

SUPPLIES-440.35

WEST MUSIC CO

SUPPLIES-87.37

WESTERN’S SMOKEHOUSE

SUPPLIES-518.00

BASEBALL SAVINGS

SUPPLIES-344.50

IA GIRLS HS ATHLETIC UNION

SUPPLIES-15.00

LEGACY TEAM SALES

SUPPLIES-441.82

SPENCER TROPHY & AWARDS

SUPPLIES-85.40

ASSETGENIE

SUPPLIES-4,159.00

PC PARTS PLUS

SUPPLIES-2,599.74

AC SUPPLY

SUPPLIES-175.34

AMERICAN TIME

SUPPLIES-455.60

BOMGAARS

SUPPLIES-519.29

CARPET ONE

SUPPLIES-74.20

CONSUMERS

SUPPLIES-39.23

HEUER

SUPPLIES-137.75

HOBART SALE & SERV

SUPPLIES-395.00

JAYCOX IMPLEMENT

SUPPLIES-1,570.30

MATHESON TRI-GAS

SUPPLIES-197.81

MUESKE ELECTRIC

SUPPLIES-8,740.00

NETWORK SERV CO

SUPPLIES-2,008.70

PLUMB SUPPLY

SUPPLIES-128.67

TEAM LAB CHEMICAL

SUPPLIES-2,420.00

TIFCO INDUSTRIES

SUPPLIES-454.76

WEBSTRAUNT

SUPPLIES-293.31

KIMBALL MIDWEST

SUPPLIES-759.23

TEAMWORKS INNOVATIONS

SUPPLIES-556.20

CENTURYLINK

TELEPHONE-1,034.09

L&C TIRE SERVICE

TIRES/REPAIR-621.46

IOWA LAKES COMM COLL

TUITION-325.65

CITY OF SPIRIT LAKE

WATER-TRASH P/U -3,443.74

TOTAL CLAIMS-297,174.31

dcn 1220-7

_

LAKE PARK CITY COUNCIL

Dec 11, 2017

The following are the minutes as recorded by the City Clerk and are subject to council approval at the next regular meeting on 01-08-18

Lake Park City Council met in regular session on Dec 11, 2017. Mayor Engel opened the meeting at 7:01PM with the Pledge of Allegiance. Members present: Heikens, Taber, Schumacher, Reekers, Baumgarn and Clerk Matthiesen. Also present: Tony Urwin, Jolene Ehlers, and Herb Stewart.

Moved by Heikens/Baumgarn to approve the consent agenda which includes: Minutes from Nov 13, 2017 Meeting; Financial Reports; Approve Bills for Payment; Approve Mailbox Permit for Robert & Sundeana Walker; all ayes.

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

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

OLD BUSINESS: None

NEW BUSINESS: Herb Stewart, Water Quality Commission representative, informed the council that the Silver Lake Park Improvement Association, SLPIA, had been awarded a grant for $20,000 for the lake diagnostic study and also a grant for $3000 for continued water testing. Stewart also gave an update on the Little Sioux Headwaters Coalition and the intent that the board members will be the same representatives as the Water Quality Commission. Council had voted in favor of the coalition at the November 2017 meeting but will not sign the agreement until all corrections to the document have been made.

Moved by Heikens/Taber to approve gift certificates for the employees to Lake Park Foods for either a ham or turkey; all ayes.

Moved by Schumacher/Reekers to approve the residential tax abatement for Travis Sprague’s residence at 1008 S. Market; all ayes.

Council reviewed and discussed the agreement for engineering services submitted by McClure Engineering for the wastewater system facility plan. Moved by Taber/Baumgarn to approve the plan and sign the agreement; all ayes.

Moved by Heikens/Baumgarn to adopt Resolution #13-17—“A RESOLUTION FOR DESIGNATION OF AUTHORIZED REPRESENTATION.” Roll call vote: AYES—Reekers, Baumgarn, Heikens, Schumacher, Taber. NAYS—none; resolution duly adopted.

Council discussed fees for the city campground with the improvements made this fall making the camper sites full hookups. Some concerns were raised at what the additional cost to the city for utilities would be. Council requested Matthiesen provide them some additional utility costs before a decision on the fees for 2018 are set. Any decision was postponed to a future meeting.

Mayor Engel read a mayoral proclamation of appreciation to Lance Heikens for his dedicated service as a City Council Member for 20 years. The council thanked him for his service for the last 20 years. In recognition of his service the city will also plant a tree in the park in his honor.

Public forum: no comments

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

Moved by Schumacher/Heikens to adjourn at 8:08pm; all ayes.

John Engel, MayorMarie Matthiesen, Clerk

The following are the bills approved at the L P Council meeting on 12-11-17 along with the bills of necessity.

Wellmark

health insurance- $2,559.11

Dept of Treasury

941 deposit pp 11/25/17- $3,141.10

Collection Services garnishment- $748.49

IPERS

IPERS - $3,943.98

Ia Dept of Revenue

State withholding- $1,080.00

Savings Bank

Loan payment- $30,936.49

UCB

Loan payment- $30,936.49

Bankers Trust

interest payment- $3,637.50

Iowa Finance Authority

principal/interest payment- $49,453.25

Iowa Finance Authority

interest payment- $5,072.50

Iowa Finance Authority

principal/interest payment- $17,575.00

Allegiant Emergency

fire dept equip-2840.00

Alliant Energy

street lighting-1094.84

Alpha Wireless

fire dept equip-100.00

Amazon

lib. books-400.71

Bomgaars

shop supplies-215.99

Campus Cleaners

rugs-98.45

Cannon Moss Bryggerentrance sign-583.25

Card Service Center

misc credit card chgs-188.07

Century Link

phone-318.09

Century Link Business Service

long distance-2.38

City of Spencer

police coop-52.07

Cohrs Construction

sand/gravel-1342.54

Collection Servicesgarnishment-748.49
Compass Pointedonation-250.00

CFE

police/street fuel/campground-1384.83

DC Landfill Commission

annual assessment-2970.00

DC EMSA

AED/police-1180.00

Diane Duitsman

mileage-13.91

Dickinson County Auditor

election costs-878.40

Dickinson County News

publications-418.94

Galls

police clothing-461.92

Greg’s Electric

lift station repair-165.00

H-LP School

comm ctr payment-40000.00

IGL Teleconnect

internet-230.00

Iowa Codification

codebook updates-144.00

Jaycox Implement

equip rental-3502.50

Kidd Construction

campground project-1000.00

LP Mun. Utilities

campground project-4647.40

Lake Park Auto Parts

park/street supplies-70.19

Lake Park Fire Dept

annual allowance-6691.00

Lake Park Foods

supplies-7.35

LPMU

utilities-4281.12

Mary Schmidt

cleaning-45.00

Menards

police storage-1341.93

Mike Ehret

website postings-82.25

Midwest Fire Equipment

fire equip repair-1483.46

Mosquito Control

2017 spraying-5300.00

Nebraska Municipal Power

software maint-3405.00

Noteboom Implement

fire supplies-2.40

One Office Solution

copier usage-58.23

Plumb Supply

campground project-27.53

R & D Industries

managed firewall-70.00

Sam Wedeking Excavating

campground project-570.00

Shamrock Recycling

cardboard recycling-597.40

Shield Technology

police software-652.50

State Hygienic Lab

w/w testing-905.00

Town & Country

garbage pickup fees-5457.00

Trans Iowa Equipment

street equipment-1029.82

Tru Green

comm ctr treatment-475.00

US Cellular

cell phones-326.56

Upper DesMoines

donation-650.00

Waste Management-Dickinson

landfill fees-2228.97

Waste Management-WI

recycling fees-1038.80

Wenck Associates

lake diagnostic study-3526.12

Dept of Treasury

941 deposit 12/9 pp-2879.02

RECAP OF REVENUES & EXPENDITURES BY FUND:

General $85,137.44 $98,673.69

RUT 12,960.24-0-
Debt Service 13,735.52-0-

Trust & Agency 8,593.24 7,882.62

L O S T 38,092.14-0-

Sanitary Sewer 17,714.18 3,731.89

TOTALS: $176,232.76 $110,288.20dcn 1220-8

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CITY OF WEST OKOBOJI

REGULAR COUNCIL MEETING

501 TERRACE PARK BLVD

MONDAY, DECEMBER 11, 2017, 6:30 P.M.

PRESIDING: Mayor Traughber

COUNCILMEMBERS: Marcia Petersen, Robert Hein, Jim Ladegaard, Mike Olson. Absent: Mike Paxton

OTHERS PRESENT: Darlene Powers, Joel Sailer, Dale Den Herder, Jason Eckard, Lissa Ballis

After the Pledge of Allegiance the Mayor called the meeting to order at 6:30 P.M. Ladegaard/Petersen moved to adopt the agenda. All ayes. Motion carried. Ladegaard/Hein moved to approve the consent agenda, which included minutes of the previous meeting 11/13/2017, claims for December 2017, bank cash report for November 2017. All ayes. Motion carried.

PUBLIC HEARING

Council to conduct a public hearing to consider an amendment to the Zoning Ordinances for a Rezoning Request Change: Mayor Traughber declared the public hearing open for discussion at 6:34 P.M.; a resident in attendance was concerned the property would be used as convenience storage. Administrator Ballis clarified this building would be used for personal storage only and no livestock would be permitted with the rezoning change. With no further comments from those in attendance or from the public, Mayor Traughber declared the public hearing closed.

Council to consider first introduction of Planning and Zoning Ordinance No. 2017-2 “An Amendment to the zoning ordinance creating a text amendment for the rezoning request change from A-Agricultural district and R-Residential district to C-Commercial district for land located in Lot B, Replat of Terrace Park, West Okoboji, Iowa.” Council to review and consider amending the zoning ordinances for a rezoning request change. Motion by Ladegaard, seconded by Olson, to approve first reading of Ordinance No. 2017-2. Roll call vote. Ayes – Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

Waive second and third consideration of Ordinance No. 2017-2: Motion by Hein, seconded by Petersen, to waive the first and second consideration of Ordinance No. 2017-2. Roll call vote. All ayes. Motion carried.

Adopt Ordinance No. 2017-2: Motion by Olson, seconded by Petersen to adopt Zoning Ordinance No. 2017-2. Roll call vote. Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

Public Hearing for the amendment to the Zoning Ordinances to repeal and replace Article XXI, Violation and Penalty within the City’s Zoning Ordinance: Mayor Traughber declared the public hearing open for discussion at 6:42 P.M.; Ladegaard explained that this was a housekeeping issue and with the changes to the State code it was in the cities best interest to remove the imprisonment language in this chapter. With no further comments from those in attendance or from the public, Mayor Traughber declared the public hearing closed.

Council to consider first introduction of Ordinance No. 2017-3 “An amendment to the zoning ordinance to repeal and replace Article XXI. Violation and Penalty within the city’s zoning ordinance of West Okoboji, Iowa.” Council to review and consider the repeal and replacement of Article XXI, Violation and Penalty within the zoning ordinance. Motion by Petersen, seconded by Olson, to approve first reading of Ordinance No. 2017-3. Roll call vote. Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

Waive second and third consideration of Ordinance No. 2017-3: Motion by Petersen, seconded by Ladegaard, to waive the first and second consideration of Ordinance No. 2017-3. Roll call vote. Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

Adopt Ordinance No. 2017-3: Motion by Ladegaard, seconded by Petersen to adopt Zoning Ordinance No. 2017-3. Roll call vote. Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

Public Hearing for the creation of a text amendment to the City’s Zoning Ordinance for the creation of a new Section 13.2 Portable Accessory Building and Storage Structures. Mayor Traughber stated the Planning and Zoning Commission would like to discuss this new text amendment in greater detail when updating the Planning and Zoning Ordinance book next year. At this time the creation of a new Section 13.2 Portable Accessory Building and Storage Structures will be tabled. Information only. No action taken.

Public Hearing for the Adoption of the “Code of Ordinances for the City of West Okoboji, Iowa.” Mayor Traughber declared the public hearing open at 6:47 P.M. for discussion concerning the adoption of the Code of Ordinances for the City of West Okoboji, Iowa. Councilman Ladegaard stated he was concerned with Section 5 of the proposed ordinance in that he did not agree with leaving blanks in this section when it covers ordinances passed subsequent to the preparation of the code but prior to adoption. Since no ordinances where passed in that time frame, Ladegaard did not want this Section included or at least state none in that section. Administrator Ballis explained she had the same concerns but when talking with the State about the ordinance they advised her that this needed to be included whether blank or not. With no other comments received by those in attendance or from the public the Mayor declared the public hearing closed.

Council to consider first introduction of Ordinance No. 121 “Adopting the Code of Ordinances for the City of West Okoboji, Iowa” Council to review and consider the adoption of the Code of Ordinances for the City of West Okoboji, Iowa. Motion by Petersen, seconded by Hein, to approve first reading of Ordinance No. 121. Roll call vote. Ayes - Petersen, Hein, Olson. Abstain – Ladegaard. Absent – Paxton. Motion carried.

Waive second and third consideration of Ordinance No. 121: Motion by Olson, seconded by Hein, to waive the first and second consideration of Ordinance No. 121. Roll call vote. Ayes - Petersen, Hein, Olson. Abstain – Ladegaard. Absent – Paxton. Motion carried.

Adopt Ordinance No. 121: Motion by Petersen, seconded by Hein to adopt Ordinance No. 121. Roll call vote.

Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

NEW BUSINESS

Council to approve Resolution No. 2017-12-1 “RESOLUTION APPOINTING A CITY ATTORNEY FOR THE CITY OF WEST OKOBOJI, IOWA.” Council considered and discussed appointing David Stein, Jr. of Stein Law Office in Milford, Iowa to represent the City of West Okoboji. Mayor Traughber commented that Earl Maahs has represented our city for over 30 years and has done an excellent job. Traughber stated that if we continued with the Maahs and Walleck firm there is a chance of conflict with others they represent and the city would need to hire a different firm to represent us in those situations. Hein/Olson moved to approve Resolution 2017-12-1. Roll call vote. Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Resolution Duly Adopted.

Review Independent Accountants Report from Winther, Stave & Co. Administrator Ballis explained the findings of the review to the Council for FY16/17. Petersen/Olson moved to approve report from Winther, Stave & Co. Roll call vote. Ayes - Petersen, Hein, Ladegaard, Olson. Absent – Paxton. Motion carried.

Council to consider application for Payment No. 3 for the 2017 Street Improvements West Okoboji Road Project in the amount of $2,783.35 payable to Tri State Paving. Hein/Olson moved to approve payment No. 3 in the amount of $2,783.35. Motion carried.

Council to consider the re-appointment of Glen Petersen to the Planning and Zoning Committee with term to expire December 31, 2022. Olson/Hein moved to re-appoint Glen Petersen to the Planning and Zoning Committee for another 5 year term. All ayes. Absent – Paxton. Motion carried.

Council to consider the re-appointment of Jim Rohlfsen to the Board of Adjustment Committee with term to expire December 31, 2022. Hein/Olson moved to re-appoint Jim Rohlfsen to the Board of Adjustment Committee for another 5 year term. All ayes. Absent – Paxton. Motion carried.

Council to consider the re-appointment of Linda Weir to the Board of Adjustment Committee with term to expire December 31, 2022. Petersen/Ladegaard moved to re-appoint Linda Weir to the Board of Adjustment Committee for another 5 year term. All ayes. Absent – Paxton. Motion carried.

Purchase inquiry – Old West Okoboji City Hall. Administrator Ballis explained to the Council that she was contacted by an interested party to purchase the building to be converted to a residential home. She explained the building is in a residential district and wanted feedback on what they intended for the future use of the property. Ladegaard, Olson and Hein stated they would like to sell the property. Due to the small size of the lot the council may consider including an extra 10 feet to the south of the property. Council instructed Administrator Ballis to contact the interested party to see how serious she is about the purchase before going forward with an appraisal. Council would like to bring back the proposed sale of the old West Okoboji City Hall building at a future meeting. No action taken. Information only.

Clark Museum Donation Request FY19: No action taken. Information only.

Compass Pointe Donation Request FY19: The Mayor and Council discussed and came to the conclusion that a donation of $250 would be made for the upcoming fiscal year. Petersen/Ladegaard moved to approve donation of $250 to Compass Pointe for FY19.

City Improvement Ideas: Public Works Director Jason Eckard present the council with several city improvement ideas for both short and long term goals to get their feedback on each project. Councilmember Olson stated he would like to see the water source at Danbom Park moved closer to the plantings.

Eckard brought the idea of the replacement of the beach bathrooms to the council. He had presented a plan that the State parks in the area were using and stated the project would roughly cost $130,000 to include the removal of the current building. He stated he would like to see construction begin fall of 2018. Councilmember Ladegaard was concerned the State might want to purchase the property in the future and did not want to make improvements if that were the case. Mayor Traughber stated years ago that idea was brought up but that there was no community support in the idea and did not foresee that happening in the future. After further council discussion they asked Eckard to lock down a quote and asked Administrator Ballis to include this in the upcoming budget. They also asked Ballis to look into grants that would help see this project come to fruition.

Eckard also brought up a plan for an additional trail from Three Cross Road and Wade Street next to Jeppeson Road and another on the north roadside along 202nd Street to Highway 71. He did state the 202nd Street trail would require a bit more engineering due to drainage in that area. After some discussion between council it was determined this project would be put on hold for now but to bring it up again next year.

Lastly, Eckard presented the idea of a Bobcat Utility Vehicle. He stated this would be helpful in raking the beach and spraying of parks in the summer. Overall, it would be more productive and help with time efficiency than what we currently use. He also stated that in the winter it would be easier to use around mailboxes and along the roadside when blowing snow and the second tractor is no longer an option. Many other attachments are available when necessary if the city would be in need. The council instructed Eckard to look into it more thoroughly and stated Ballis should include options at budget time.

Oaths of Office to be Administered: The oaths of office were administered to Mayor Traughber and Councilmember Hein.

Ladegaard/Olson moved to adjourn. All ayes. Motion carried. Meeting adjourned at 7:47 P.M.

_

Larry Traughber, Mayor

ATTEST:

Lissa Ballis, Administrator/City Clerk

CLAIMS

IPERS

IPERS-1426.00

ALLIANT ENERGY

STREET LIGHTS-1356.72

WASTE MANAGEMENT-LANDFILL

LANDFILL FEES 11/01-11/15-910.37

DICKINSON CO CONSERVATION

GREEN WASTE-43.50

TRUE VALUE-MILFORD

SEALANT,NIPPLE-35.47

US CELLULAR

MONTHLY CELL SVC-67.54

BLACK HILLS ENERGY

MONTHLY-194.49

ARNOLD MOTOR SUPPLY

FILTERS,BRAKE CLN,BULBS-159.84

MILFORD MUNICIPAL UTILITIES

WATER RESALE 10/18-11/14-9493.49

ALLIANT ENERGY

BROWNS BAY-LIGHTS-57.29

ALLIANT ENERGY

501 TERRACE PARK BLVD -394.24

DICKINSON COUNTY NEWS

NOVEMBER PUBLICATIONS-267.66

CITY OF MILFORD

NOVEMBER FEE-700.00

BOMGAARS SUPPLY INC

PROTIE,BROOM,PAN-136.35

KRUSE,CATE & NELSON, PC

1ST ST STORM SEWER PROJ FINAL

483.99

IOWA ONE CALL

18 EMAILS OCTOBER-16.20

BROWN SUPPLY CO.

METER GASKETS,COUPLINGS

74.18

COMPASS POINTE

2017/18 DONATION-250.00

EFTPS - 941

FED/FICA TAX-1996.58

IOWA COMMUNITES POOL

TRACTOR INSURANCE ADDITION

469.99

MEDIACOM

INTERNET-FAX-92.67

ALLIANT ENERGY

SIGN-36.84

DICKINSON COUNTY AUDITOR

ELECTION-860.64

DICKINSON CO LANDFILL COMM

2017-18 COMMISSION ASSESSMENT-1910.00

SPENCER OFFICE SUPPLIES

FILES-240.00

ALLIANT ENERGY

SIREN-37.09

MAXYEILD COOPERATIVE

NOVEMBER FUEL-546.77

WELLMARK

HEALTH INS-4678.16

DELTA DENTAL

EMPLOYEE DENTAL PREM-486.84

NEW YORK LIFE INSURANCE

EMPLOYEE LIFE/DIS INS-141.95

CARDMEMBER SERVICES

CONFERENCE MEALS/LODGING

501.93

COUNSEL

COPIER LEASE/COPIES-75.87

C & B OPERATIONS, LLC

FILTERS-100.72

TRI STATE PAVING

WEST OKOBOJI RD PMNT 2 & 3

38120.08

MUESKE ELECTRIC

PHOTOCELL BROWNS BAY-78.10

PAYROLL CHECKS

PAYROLL CHECKS ON 11/15/2017

3332.58

PAYROLL CHECKS

PAYROLL CHECKS ON 11/30/2017

3608.65

CLAIMS TOTAL-73382.79

GENERAL FUND-14335.19

ROAD USE TAX FUND-598.70

CAPITAL PROJECT FUND FUND

38604.07

WATER FUND-13387.94

GARBAGE FUND-6456.89

REVENUE FUND-80002.10

dcn 1220-9

_

WAHPETON CITY COUNCIL

REGULAR SESSION – MONDAY, DECEMBER 11, 2017

5:00 P.M. WAHPETON CITY HALL

The Wahpeton City Council met on Monday, December 11, 2017 at 5 p.m. in Wahpeton City Hall. Present were Mayor Phil Johnson, Councilmen Tom Rierson, Jack Jones, Brad Jones, LeAnn Blau and Harold Prior. City Atty. Don Hemphill, city employees Bonnie Tielbur, Doug Hanna & Jess Radcliffe were also present.

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

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

Prior moved and Blau seconded to approve the Consent agenda containing the November 13, 2017 Regular Session minutes, the November 2017 Claims, Treasurer and Financial Reports. All ayes – motion carried. There were no citizen comments.

John Wills, DC Clean Water Alliance Coordinator presented a Watershed Management Authority (WMA) and 28E agreement for Little Sioux Headwaters to the council. This will be a newly formed authority for water quality improvement and flood damage reduction. It will be governed by a Board of Directors and adapt by-laws to become a multi-jurisdictional partnership and cooperation which will aid in leveraging resources such as funding, and technical expertise. B. Jones moved and Prior seconded to join the Watershed Management Authority and 28E agreement for Little Sioux Headwaters. All ayes – motion carried.

Radcliffe and Hanna, representing the Iowa Lakes Extraction & Rescue unit, explained the need for new equipment funding. B. Jones felt the need was there and praised the 2 employees for their hard work and dedication to the fire department. B.Jones moved and Rierson seconded to approve a donation of $10,000 toward the Iowa Lakes Extraction & Rescue unit for the 18/19 fiscal year. All ayes – motion carried.

Greg Drees, with Okoboji Blue Water Festival updated the council on last year’s festival and asked for continued support and funding for the Aug. 11, 2018 festival. Council tabled a decision and will revisit it next month.

Council discussed a funding request from CAASA for FY 2019. J.Jones moved and Prior seconded to approved a $500 donation to CAASA for FY 2019. All ayes – motion carried.

The new snowplow is done and council discussed payment. $35,000 was received for the sale of the old snowplow. Prior moved and Blau seconded to use the $35,000 from the sale of the previous plow, and transfer funds from the equipment reserve fund to pay Harrison Truck Center - $90,552 and Crysteel - $105,959.53 for the new 2018 Western Star snowplow and accessories. All ayes – motion carried. LBR Enterprises will do some reflective work on the new snowplow.

Council reviewed the Winther Stave & Co. report on the agreed-upon accounting procedures. J.Jones moved and B.Jones seconded to approve the report as presented. All ayes – motion carried.

B. Jones moved and Prior seconded to approve Resolution 17-17: To reappoint Tom Rierson as a member of the Dickinson County Trails Board. Roll call vote: B.Jones – aye, Rierson – aye, Blau – aye, J.Jones – aye, Prior – aye. All ayes – motion carried.

Rierson moved and Blau seconded to re-appoint Dick Gauck to another 5-year term on the Board of Adjustment. All ayes – motion carried.

Prior moved and J. Jones seconded to re-appoint Bonnie Tielbur for another 2-year term as the City Clerk/Administrator. All ayes – motion carried.

All re-appointed and re-elected city officials present were sworn in.

Council is working to fill the vacancy on the Planning & Zoning Commission.

Under Reports: Hanna is reading meters, Radcliffe has approved permits for 2 new homes in Wahpeton and Tielber reported on an insurance issue involving the City Hall building. Blau has been attending Municipal Leadership Academy where they discussed job descriptions and personnel policies for city employees. She would like to review and update the cities current policies.

Being no further business, Mayor Johnson moved to adjourn the meeting at 6:01 p.m. All ayes – motion carried.

REVENUE RECEIVED FOR NOVEMBER 2017: General-$37,084.74, Road Use-$3,906.90, Local Option-$13,279.26, Water-$33,847.17 for a total of $88,118.07. ATTEST: Bonnie R. Tielbur, City Clerk/Admin.

ALLIANT ENERGY

ELEC SERVICE-STREET LIGHTS

$2,790.77

ARNOLD MOTOR SUPPLY

OIL/AIR FILTERS-2000 CHEV

$44.11

CAASA

17/18FY DONATION

$500

DATA TECHNOLOGIES INC

2018 LICENSE & SUPPORT FEE

$3,597.62

DICKINSON COUNTY AUDITOR

ELECTION FEES

$838.17

DICKINSON COUNTY NEWS

LEGAL PUBLICATIONS

$79.34

HEMPHILL LAW OFFICE

LEGAL FEES

$417.5

HACH COMPANY

TURBITY METER

$3,585.3

HYGIENIC LABORATORY

TESTING WATER

$610

IOWA ONE CALL

FAXES

$45.9

IPERS

IPERS

$1,991.22

TRUE VALUE-MILFORD

TOOLS - WATER PLANT

$79.3

MILFORD MUNICIPAL UTIL

CONNECTION FEE

$17.8

COMPASS POINTE

FY 2017/18 DONATION

$250

OKOBOJI PROTECTIVE ASSOC

2017/18 FY DONATION

$100

BOMGAARS SUPPLY INC

CLOTHING-HANNA

$303.11

TOWN & COUNTRY DISPOSAL

GARBAGE PICKUP

$3,436.46

WITHHOLDING TAX

STATE TAX

$617

UPPER DES MOINES

2017/18 FY DONATION

$300

VOLUNTARY ACTION CENTER

2017/18 FY DONATION

$1,000

WALMART COMMUNITY

MOUSE/PHONE CORD

$27.8

WASTE MANAGEMENT

LANDFILL FEES

$754.41

MILFORD ELECTRIC INC

REWIRING @ WATER PLANT

$796.52

LAKES ART CENTER

2017-18 FY DONATION

$5,000

MENARD’S

4’ LED STRIP-WATER PLANT

$44.97

IOWA RURAL WATER ASSOC

DUES-MEMBERSHIP FOR 2018

$225

MEDIACOM LLC

PHONE & INET-CITY HALL

$128.88

AMY’S SIGN DESIGN

2 SIGNS FOR RECYCLING BINS

$36

USA BLUE BOOK

FIRST AID KITS

$351.19

CARD SERVICE CENTER

MUNIC.LEADERSHIP ACAD-L.BLAU

$190

KRUSE PAVEMENT SOLUTIONS

PATCHING OF STREET REPAIRS

$4,089.25

BLACK HILLS ENERGY

GAS SERVICE-WATER PLANT

$121.84

BROWN SUPPLY CO.

WATER MAIN VALVE & BOLTS

$573

VERIZON WIRELESS

TIELBUR-CELL PHONE

$225.01

TREES FOREVER

17/18 FY DONATION

$100

DICKINSON COUNTY LANDFILL

FY 2017/18 LANDFILL ASSESSMENT

$3,715

INTERNAL REVENUE SERVICE

FED/FICA TAX

$3,364.89

IA DEPT OF REVENUE

SALES TAX DUE-WATER

$778

MURPHY TRACTOR & EQUIP.

FORWARD/REVERSE SWITCH-ENDLOAD

$60.84

CE