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Outdoors/LegalsClear Lake Mirror-Reporter													                                                                                                                                                                                          July 29, 2015 • Page 17

                                                                                       Clear Lake City Legals                                                                                           County Legals
                                                                                                                                                                                   PROCEEDINGS OF THE BOARD OF SUPERVISORS
                                                                                       PUBLIC NOTICE                                                                               July 14, 2015                                                Callanan made a motion, with Urdahl seconding, to
                                                                                                                                                                                   Unapproved                                                   authorize Don Etlier to investigate problems reported by
                                                                                       Notice is hereby given that the Planning and Zoning Commission of the                       	                                                            Vernon Scmale in Drainage District 31. Motion passed
                                                                                       City of Clear Lake, Iowa will meet on the 4th day of August at the Clear Lake               The Board of Supervisors of Cerro Gordo County,              unanimously.
                                                                                       City Council Chambers at which time and place the Commission will review                    Iowa, met in regular session pursuant to adjournment.
                                                                                                                                                                                   Present: Chairman Phil Dougherty, Supervisor Casey           Callanan made a motion, with Urdahl seconding, to
                                                                                       Sunset Ridge Subdivision                                                                    Callanan, Supervisor Jay Urdahl and various members          authorize Rod McKinney to investigate problems reported
                                                                                                                                                                                   of the public.                                               by Norman Bailey in Drainage District 56. Motion passed
                                                                                                                                                                                                                                                unanimously.

                                                                                       S/ Mike Ritter                                                                              Dougherty convened the meeting at 10:03 a.m. Callanan        Urdahl made a motion, with Callanan seconding, to
                                                                                       Building and Zoning Official                                                                made a motion, with Urdahl seconding, to approve the         approve closing out Drainage District 49 Project. Motion
                                                                                                                                                                                   July 7, 2015 and regular session minutes and today’s         passed unanimously.
                                                                                       REGULAR COUNCIL MEETING                                                                     agenda. Motion passed unanimously.
                                                                                                                                                                                                                                                Callanan made a motion, with Urdahl seconding, to
                                                                                       The Clear Lake City Council met in regular session on Monday, July 20, 2015, at 6:30                                                                     approve the Auditor and Recorder’s quarterly report of
                                                                                                                                                                                                                                                fees and the Clear and Sheriff’s Monthly report of fees.
                                                                                       p.m., in the Council Chambers, at City Hall, with Mayor Nelson P. Crabb presiding.          Urdahl made a motion, with Callanan seconding, to adopt      Motion passed unanimously.
                                                                                                                                                                                   Resolution 2015-84, Whereas the County Engineer
                                                                                       Council Members present: Boehnke, Nelson, Hugi, and Callanan. Absent: Brant.                has submitted rental rates for the Cerro Gordo County        Callanan made a motion, with Urdahl seconding, to
                                                                                                                                                                                   Secondary Road Department equipment when working             approve reports from the Zoning Director and Environ-
                                                                                       Nelson moved the agenda be approved, seconded by Hugi. Passed Unanimously.                  for cities, schools and other tax supported agencies         mental Health Service Manager concerning the Manure
                                                                                                                                                                                   within the County; and, Whereas, rental rates include        Management Plan filed by Dornbier Hog, Inc. and
                                                                                       Hugi moved to approve the consent agenda, seconded by Callanan:                             machine, operator and fuel, but do not include materials     forward them to the DNR. Motion passed unanimously.
                                                                                                                                                                                   such as sand, rock, calcium, etc.; and, Whereas, rates
                                                                                       	 A. Minutes – July 6, 2015.                                                                are effective from July 1, 2015 until revised by the Board   Callanan made a motion, with Urdahl seconding, to
                                                                                                                                                                                   of Supervisors except labor rate increases which become      authorize the chairman to sign acceptance of proposal
                                                                                       	 B. Approval of the bills & claims.                                                        effective January 1, 2016 and may be automatically add-      with Visu-Sewer for lift station cleaning and vactor sewer
                                                                                                                                                                                   ed to listed rates. The rates are available in the Supple-   cleaning for Swaledale Sanitary Sewer. Motion passed
                                                                                       	 C. Licenses & Permits:                                                                    mental Minutes. Wages for Foremen will be charged out        unanimously.
                                                                                                                                                                                   at $34.52/hour; and, Whereas, the Board of Supervisors
                                                                                       		                    -Tax Abatement Application: Shad Schmitt, 1000 Pine Brooke 	          of Cerro Gordo County approve the abovementioned             Callanan made a motion, with Urdahl seconding, to au-
                                                                                                                                                                                   rental rates for the Cerro Gordo County Secondary Road       thorize the chairman to sign acceptance of proposal with
                                                                                       		Court.                                                                                    Department. Motion passed unanimously.                       Visu-Sewer for sewer cleaning, CCTV inspection and lift
                                                                                                                                                                                                                                                station cleaning for Meservey Sanitary Sewer. Motion
                                                                                       Roll Call: All Ayes.                                                                                                                                     passed unanimously.

                                                                                       Mayor Crabb announced that it was the time and place for the citizen’s forum. There                                                                      Callanan made a motion, with Urdahl seconding, to
                                                                                                                                                                                                                                                approve a driveway request for Weiland Farms. Motion
                                                                                       was no citizen comment.                                                                                                                                  passed unanimously.

                                                                                       Scott Flory, City Administrator, reviewed the proposed W. 7th Avenue N. Watermain                                                                        Callanan made a motion, with Dougherty seconding, to
                                                                                                                                                                                                                                                adjourn at 10:23 a.m. Motion passed.
                                                                                       Improvement Project and stated that the project entails the construction of approxi-
                                                                                                                                                                                                                                                The audio tape of the meeting and various tabulations,
                                                                                       mately 2,750 LF of 12” watermain; jack & bore watermain; directional drilling; fire                                                                      reports, correspondence, and other documents that were
                                                                                                                                                                                                                                                presented are placed on file with the County Auditor’s
                                                                                       hydrants; water services; pavement restoration; seeding; and miscellaneous work             Callanan made a motion, with Urdahl seconding, to ap-        office.
                                                                                                                                                                                   prove the claims. Motion passed unanimously.                 ___________________________________________
                                                                                       between N. Shore Drive and 19th Street W on W 7th Avenue N. He noted the engi-                                                                           Chairman Phillip Dougherty
                                                                                                                                                                                                                                                Board of Supervisors
                                                                                       neer’s estimate of the probable cost of construction is $389,299. Jason Petersburg,

                                                                                       P.E., Veenstra & Kimm, reviewed the bid tabulation and stated that five bids were re-       Urdahl made a motion, with Callanan seconding, to

                                                                                       ceived and that all bids were in excess of the engineer’s estimate with the lowest bid      adopt Resolution 2015-85, Whereas, the following payroll

                                                                                       being received from Charlson Excavating of Clear Lake in the amount of $424,000.            change requests were submitted to the Board of Supervi-

                                                                                       He noted that Charlson did, however, fail to submit its “Bidder Status From” at the         sors for review; and, Whereas, the Board of Supervisors

                                                                                       time of the letting, but has now corrected that oversight, which may be deemed a            of Cerro Gordo County, has reviewed and considered the

                                                                                       technicality by the Council in considering the bid award.                                   change requests as follows:

                                                                                       Mayor Crabb stated it was now the time and place for the public hearing on the plans,       Department		                 Name

Large catches are common                                                               specifications, and estimate of cost for the W 7th Avenue N Watermain Improvement           Pay Change		                 Effective Date

A cooler of prime mid-summer yellow bass taken from shallow water near the Out-        Project as previously established by the Council. Hearing no public comment, Hugi           County Sheriff	              Molly Arns
ing Club on Clear Lake’s east shore. Yellow bass are currently engaged in a summer
feeding frenzy with anglers reporting fast action and large catches. -photo by Lowell                                                                                              $17.09/hourly		              07/19/2015
Washburn.
                                                                                       moved to close the public hearing, seconded by Nelson. Passed Unanimously.                  Therefore, Be It Resolved, that the Board of Supervi-

                                                                                       Hugi introduced the following Resolution and moved its adoption with the Bidder’s           sors of Cerro Gordo County does hereby approve the

                                                                                       Status Form not being filed at the letting to be considered a technicality, seconded        requests as shown above and directs the Auditor to make

                                                                                       by Callanan. Roll Call: Passed Unanimously. Whereupon, the Mayor declared the               the necessary adjustments to the payroll. Motion passed

                                                                                       following duly adopted:                                                                     unanimously.

READY,                                                                                                                         RESOLUTION No. 15-32                                Urdahl made a motion, with Callanan seconding, to ap-        ATTEST:
                                                                                       A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,                             prove payroll change for Molly Arns in the Sheriff’s Office  _____________________________________________
                                                                                                                                                                                   of $17.35 per hour on January 1, 2016 and $17.87 on          Kenneth W. Kline
                                                                                                                              AND ESTIMATE OF COST                                 January 19, 2015. Motion passed unanimously.                 County Auditor
                                                                                       Bohenke introduced the following Resolution and moved its adoption, seconded by

                                                                                       Nelson. Roll Call: Passed Unanimously. Whereupon, the Mayor declared the follow-

WILLING                                                                                ing duly adopted:                                                                           PROCEEDINGS OF THE BOARD OF SUPERVISORS                      reported by Ron Esser. Motion passed unanimously.
                                                                                                                               RESOLUTION No. 15-33                                July 21, 2015
	 & ABLE                                                                                                                                                                           Unapproved                                                   Callanan made a motion, with Urdahl seconding, to
Clear Lake                                                                                                   A RESOLUTION MAKING AWARD OF CONTRACT                                 	                                                            create fund 067-Attorney Collections. Motion passed
stripers heat up                                                                       Flory reviewed the proposed Collective Bargaining Agreement between the City and            The Board of Supervisors of Cerro Gordo County,              unanimously.
mid-summer                                                                             the Clear Lake Public Works Department and stated that the agreement will be for the        Iowa, met in regular session pursuant to adjournment.
fishing action                                                                         term July 1, 2015 through June 30, 2018. Nelson moved to approve the Collective             Present: Chairman Phil Dougherty, Supervisor Casey           Urdahl made a motion, with Callanan seconding, to close
                                                                                       Bargaining Agreement, seconded by Hugi. Passed Unanimously.                                 Callanan, Supervisor Jay Urdahl and various members          the public hearing on L & G Meyer Subdivision. Motion
                                                                                       Flory reviewed the 2015 Sewer Rehabilitation Project and stated that at is regular          of the public.                                               passed unanimously.
                                                                                       meeting on February 16, 2015 the Council awarded the construction contract to Visu-

                                                                                       Sewer of Pewaukee, Wisconsin. He further stated that the project involved the reha-         Dougherty convened the meeting at 10:00 a.m. Callanan        Urdahl made a motion, with Callanan seconding, to
                                                                                       bilitation of approximately 5300 LF of sewer pipe, with point repairs and manholes,         made a motion, with Urdahl seconding, to approve the         adopt Resolution 2015-87, A Resolution Approving Final
                                                                                       using the cured-in-place pipe technology and that alternate #1 was for lining a 24”         July 14, 2015 and regular session minutes and today’s        Plat For “L & G Meyer First Subdivision, Cerro Gordo
                                                                                       diameter drain tile that runs across US HWY 18 within the DOT right-of-way and man-         agenda. Motion passed unanimously.                           County, Iowa”. Whereas, the Planning and Zoning Com-
                                                                                       hole abandonment. He noted that the alternate #1 portion of the project was being                                                                        mission of Cerro Gordo County, Iowa, on the 9th day of
                                                                                       reimbursed by the Iowa DOT and that the City has invoiced the DOT for $30,497.36            Urdahl made a motion, with Callanan seconding, to            July, 2015, duly approved the Final Plat for “L & G Meyer
                                                                                       for this work. Petersburg reviewed Pay Estimate #3 in the amount of $177,593.81 to          approve final plans for B20 Spring Creek Replacement         First Subdivision, Cerro Gordo County, Iowa,” and;
                                                                                       Visu-Sewer of Pewaukee, Wisconsin. Callanan moved to approve Pay Estimate #3,               Project. Motion passed unanimously.                          Whereas, said Plat appears to comply with all statutes
                                                                                       seconded by Hugi. Passed Unanimously. Nelson introduced the following Resolution                                                                         of Iowa and ordinances of Cerro Gordo County relative
                                                                                       and moved its adoption, seconded by Hugi. Roll Call: Passed Unanimously. Where-             Urdahl made a motion, with Callanan seconding, to ap-        to plats of additions and subdivisions. Now, Therefore,
                                                                                       upon, the Mayor declared the following duly adopted:                                        prove the claims. Motion passed unanimously.                 Be It Resolved by the Board of Supervisors of Cerro
                                                                                                                                                                                                                                                Gordo County, Iowa; That there should be and hereby is
                                                                                                                               RESOLUTION No. 15-34                                Urdahl made a motion, with Callanan seconding, to            approved the Final Plat for “L & G Meyer First Subdivi-
                                                                                                                   A RESOLUTION ACCEPTING THE WORK                                 approve the payroll warrant register for the week ending     sion, Cerro Gordo County, Iowa”, which Plat is attached
                                                                                       Mike Ritter, Building Official, reviewed the final plat for L & G Meyer 1st Subdivision     July 11, 2015. Motion passed unanimously.                    hereto and by this reference made a part thereof. Motion
                                                                                       and stated that the proposed subdivision is located within 2 miles of the corporate                                                                      passed unanimously.
                                                                                       limits of the City. He stated that the Planning & Zoning Commission considered the          Callanan made a motion, with Urdahl seconding, to
                                                                                       request at its June 30th meeting and voted to recommend approval of the proposed                                                                         Callanan made a motion, with Urdahl seconding,
                                                                                       subdivision by the City Council. Hugi introduced the following Resolution and moved         adopt Resolution 2015-86, Whereas, the following payroll     Motion to assign tax sale certificate 2012195 to Larry S
                                                                                       its adoption, seconded by Callanan. Roll Call: Passed Unanimously. Whereupon,                                                                            and Barbara E Eide on Parcel 07-09-301-018-00 and
                                                                                       the Mayor declared the following duly adopted:                                              change requests were submitted to the Board of Supervi-      abate 2009DT, 2010DT, 2011DT, 2012DT, 2013DT in
                                                                                                                                                                                                                                                the amount of $342.00 plus interest and costs. Motion
                                                                                                                               RESOLUTION No. 15-35                                sors for review; and, Whereas, the Board of Supervisors      passed unanimously.
                                                                                                   A RESOLUTION APPROVING L & G MEYER 1ST SUBDIVISION –
                                                                                                                                                                                   of Cerro Gordo County, has reviewed and considered the       Callanan made a motion, with Dougherty seconding, to
                                                                                                                         CERRO GORDO COUNTY, IOWA                                                                                               adjourn at 10:21 a.m. Motion passed.
by Lowell Washburn                         small fathead minnows are a sum-            Flory reviewed the N. 6th Street Reconstruction Project and stated that at its regular      change requests as follows:
	 Clear Lake’s summer yellow bass          mer yellow bass favorite, maintaining       meeting on September 8, 2014 the Council awarded the construction contract to                                                                            The audio tape of the meeting and various tabulations,
fishing is kicking into overdrive. At a    live bait during hot humid weather          Heartland Asphalt and that the bid from Heartland Asphalt was in the amount of              Department		                 Name                            reports, correspondence, and other documents that were
time when many fish species are be-        can present a major challenge. A jig        $148,559.21. He stated the project involved the re-construction of N 6th Street, be-                                                                     presented are placed on file with the County Auditor’s
coming scattered and increasingly dif-     head tipped with a piece of crawler         tween US HWY 18 and 10th Avenue N. He advised that the project engineer has now             Pay Change		                 Effective Date                  office.
ficult to locate, marauding schools of     will serve nearly as well with a lot less   filed the Certificate of Completion with the City Clerk, indicating that all work has been                                                               ___________________________________________
adult yellow bass are only becoming        trouble.                                    completed in compliance with the project plans & specifications previously approved         County Recorder	             Amy Garvin                      Chairman Phillip Dougherty
more available. At least for the mo-       	 Generally speaking, yellow bass           by the Council and that the Council may now initiate the finals steps in the special                                                                     Board of Supervisors
ment, it’s no stretch to say that these    are not early risers. Although an           assessment process.                                                                         $9.00/hourly		               07/20/2015
abundant scrappers are providing the       angler might hook a few fish at first       Petersburg stated that there were no change orders on the project and that the final                                                                     ATTEST:
fastest fishing action to be found any-    light, it’s usually best to wait until 6    value of work completed was $141,350.46 and that after application of liquidated            Therefore, Be It Resolved, that the Board of Supervi-        _____________________________________________
where in North Iowa.                       p.m. or so when the warm water sight        damages, including a deduct of $150 for a tow bill from last fall, the final contract                                                                    Kenneth W. Kline
	 Regardless of whether they’re            feeders become more aggressive. Mid-                                                                                                    sors of Cerro Gordo County does hereby approve the           County Auditor
concentrated above main lake rock          morning can often provide the day’s
reefs, under docks and boat hoists, or     fastest action. Once you’ve located a                                                                                                   requests as shown above and directs the Auditor to
cruising waist deep shallows over sand     willing school, virtually every cast will
and gravel; foraging schools of yel-       produce a strike. But foraging strip-                                                                                                   make the necessary adjustments to the payroll. Motion
low bass[locally referred to as stripers]  ers don’t necessarily stay in one spot
have one thing in common. Ready,           for long. After rapidly hooking eight                                                                                                   passed unanimously.
willing, and able; these pint-sized        or 10 fish in the same spot, the bite
scrappers have everything it takes to      may suddenly shut off. As soon as the                                                                                                   Callanan made a motion, with Urdahl seconding, to au-
provide anglers with a hot time on the     frequency of hits begins to decline, an                                                                                                 thorize Rod McKinney to investigate problems reported
water.                                     angler should prepare to move with                                                                                                      by Mitchell Marsh in Drainage District 118. Motion
	 Although flat water is generally         the school or, if you completely lose                                                                                                   passed unanimously.
a yellow bass turnoff, it doesn’t take     track of their whereabouts, pick up
much of a breeze to incite a competi-      and attempt to locate a new batch of                                                                                                    Callanan made a motion, with Urdahl seconding, to
tive feeding binge. 			                    fish.                                                                                                                                   authorize the removal of trees in Drainage District 35 as
	 Scarcely resembling the finicky          	 When yellow bass are in a coop-
creatures of late May, midsummer           erative mood, it doesn’t take long to       amount is $139,400.46. Petersburg reviewed Pay Estimate #3 in the amount of                                   Notice of Probate
yellows are highly aggressive and are      collect a heaping stack of fresh fillets.   $3,590.72 to Heartland Asphalt of Mason City. Nelson moved to approve Pay Esti-
currently eager to strike a wide vari-     As the summer striper action heats up,      mate #3, seconded by Callanan. Passed Unanimously.
ety of artificial lures with single blade  the problem isn’t catching enough fish
spinners or Twister-type jig heads         for supper but rather deciding on how       Boehnke introduced the following Resolution and moved its adoption, seconded by
topping the list. Once a foraging          many you care to clean. Prolific to a
school decides to hang the nose bag,       fault, this is one fish species that can-   Callanan. Roll Call: Passed Unanimously. Whereupon, the Mayor declared the fol-                  THE IOWA DISTRICT COURT                                 of the second publication of this notice
the fishes’ collective willingness to      not be over-harvested and an angler         lowing duly adopted:                                                                               CERRO GORDO COUNTY                                    or one month from the date of mailing of
bite can quickly escalate to maniacal      never has to feel bad about bringing                                                                                                                                                                 this notice to all heirs of the decedent and
proportions. Out on the main lake,         home a cooler full. When it comes to                                                RESOLUTION No. 15-36                                IN THE MATTER OF THE ESTATE OF                               devisees under the will whose identities
a few exceptionally predacious stripers    table fare, nothing tops the nutrition                                  A RESOLUTION ACCEPTING THE WORK                                           DARLENE J. BUCHAN                                  are reasonably ascertainable, or thereafter
are even being taken on trolled crank      packed flavor of Clear Lake’s most          Nelson introduced the following Resolution and moved its adoption, seconded by                                 Deceased                                  be forever barred.
baits intended for walleyes. Although      abundant sport fish.                        Hugi. Roll Call: Passed Unanimously. Whereupon, the Mayor declared the following                                                                         	
                                                                                       duly adopted:                                                                                      Probate No. ESPRO29776                                Dated this 23rd day of July, 2015.
                                                                                                                                                                                        NOTICE OF PROOF OF WILL
                                                                                                                               RESOLUTION No. 15-37                                     WITHOUT ADMINISTRATION
                                                                                                      A RESOLUTION ORDERING PREPARATION OF FINAL PLAT

                                                                                                                        & SCHEDULE OF ASSESSMENTS                                  To All Persons interested in the Estate of                                                  Randy W. Buchan
                                                                                       Petersburg gave an update on the Northwest Water Tower Improvement Project and              DARLENE J. BUCHAN, Deceased, who                                                                      Proponent
                                                                                       reviewed Pay Estimate #13 in the amount of $15,212.35 to Landmark Structures                died on or about July 1st, 2015:
                                                                                       of Fort Worth, Texas. Callanan moved to approve Pay Estimate #13, seconded by               	 You are hereby notified that on the                        Douglas R. Grabinski, ICIS PIN No:
                                                                                       Boehnke. Passed Unanimously.                                                                22nd day of July, 2015, the last will and                    AT0002963
                                                                                       Petersburg gave an update on the North Shore Drive Street Reconstruction Project            testament of DARLENE J. BUCHAN,                              Attorney for estate
                                                                                       and reviewed Pay Estimate #8 in the amount of $295,522.61 to Wicks Construction of          deceased, bearing date of the 21st day of                    604 Buddy Holly Place, Suite 104
                                                                                       Decorah, Iowa. Nelson moved to approve Pay Estimate #8, seconded by Callanan.               February, 2012, was admitted to probate in                   P.O. Box 227
                                                                                       Passed Unanimously.                                                                         the above named court and there will be no                   Clear Lake, IA 50428-0227
                                                                                       Petersburg gave an update on the Water Treatment Plant High Service Pump Re-                present administration of the estate. Any
                                                                                       placement Project and reviewed Pay Estimate #4 in the amount of $8,588.00 to Dean           action to set aside the will must be brought                 Date of second publication: 5th day of
                                                                                       Snyder Construction of Clear Lake. Boehnke moved to approve Pay Estimate #4,                in the district court of the county within the               August, 2015.
                                                                                       seconded by Hugi. Passed Unanimously.                                                       later to occur of four months from the date
                                                                                       There being no further business before the Council, Hugi moved to adjourn at 7:30

                                                                                       p.m., seconded by Callanan. Passed Unanimously.

                                                                                       NEXT REGULAR MEETING – MONDAY, AUGUST 3, 2015

                                                                                       				

                                                                                       					/S/	Nelson P. Crabb	

                                                                                       				Nelson P. Crabb, Mayor

                                                                                       ATTEST:

                                                                                       /S/	 Jennifer Larsen		

                                                                                       Jennifer Larsen, City Clerk

Lime Creek offers summer                                                                       Public Notice
camps for kids in August
                                                                                       Cellco Partnership and its controlled affiliates doing business as Verizon Wireless
	 The Lime Creek Nature Center             habitats.  $20. Aug. 4-6, 9 - 10:15         (Verizon Wireless) proposes to construct a 39-foot (overall height) Stealth Structure /
and Cerro Gordo County Conser-             a.m., ages four-six years. Registration     Light Pole Telecommunications Tower located on 509 South 17th Street, Clear Lake,
vation Board are offering camps for        required; call 641-421-3673.                Cerro Gordo County, IA 50428 (43° 7’ 57.77”N, 93° 22’ 5.4”W). Public comments
children this summer.  Registration is     	 •Insectigations: Participants will        regarding potential effects on historic properties may be submitted within 30 days
required for all of the camps and space    learn all about insects. $20. Aug.          from the date of this publication to: J Buck, Terracon, 11555 Clay Road, Suite 100,
is limited.  The following camps will      4-6, 10:45 a.m. - noon, ages seven          Houston, TX 77043; 713-690-8989; [email protected].
be offered:                                and eight-years-old. Registration re-
	 •Tiny Tot Nature Camp: Par-              quired; call 641-421-3673.                        Read the Legals.
ticipants will learn all about Iowa’s                                                          It’s your right.
                                                                                                                                                                                                                                                Puzzle on page 18
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