COUNCIL AGENDA · 9/21/2020  · controlprint creative corp. brochure printing 125.00 convergent...

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MEETING LOCATION CITY HALL COUNCIL CHAMBERS, 305 NORTH CLARK STREET, FOREST CITY, IA ACCESS MEETING THROUGH GOTOMEETING Due to the COVID-19 Pandemic, Citizens are required to attend the council meeting virtually at: https://global.gotomeeting.com/join/141201005 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) United States: +1 (312) 757-3121 Access Code: 141-201-005 1. CALL TO ORDER 2. PLEGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC HEARING 5. COMMUNITY REPORT 6. APPROVAL OF THE CONSENT AGENDA a. Agenda b. Approve Council Minutes Council Minutes (9/8/20) c. Accept Board & Committee Minutes Water-Wastewater Committee Airport Commission Electric Committee Board of Adjustment Planning & Zoning Commission Landfill of North Iowa Parks & Rec Safety Committee d. Westown TIF Rebate Payment - $49,115.12 COUNCIL AGENDA Monday, September 21, 2020 at 7:00 pm

Transcript of COUNCIL AGENDA · 9/21/2020  · controlprint creative corp. brochure printing 125.00 convergent...

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MEETING LOCATIONCITY HALL COUNCIL CHAMBERS, 305 NORTH CLARK STREET, FOREST CITY, IA

ACCESS MEETING THROUGH GOTOMEETINGDue to the COVID-19 Pandemic, Citizens are required to attend the council

meeting virtually at:

https://global.gotomeeting.com/join/141201005

You can also dial in using your phone.

(For supported devices, tap a one-touch number below to join instantly.)

United States: +1 (312) 757-3121

Access Code: 141-201-005

1. CALL TO ORDER2. PLEGE OF ALLEGIANCE3. ROLL CALL4. PUBLIC HEARING5. COMMUNITY REPORT6. APPROVAL OF THE CONSENT AGENDA

a. Agendab. Approve Council Minutes

Council Minutes (9/8/20)

c. Accept Board & Committee MinutesWater-Wastewater Committee

Airport Commission

Electric Committee

Board of Adjustment

Planning & Zoning Commission

Landfill of North Iowa

Parks & Rec

Safety Committee

d. Westown TIF Rebate Payment - $49,115.12

COUNCIL AGENDAMonday, September 21, 2020 at 7:00 pm

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e. Approve Invoices7. BUSINESS

a. Aquatic Center UpdateMark Pleva

(Discussion Item)

b. New Library UpdateChrista Cosgriff

(Discussion Item)

c. Goose Hunt at Bear Creek(Action Item)

d. Bow Hunting in Northeast City LimitsKeith Byro

(Action Item)

e. Trick or Treat Amid COVID-19Norma Hertzer - Forest City Chamber of Commerce

(Discussion and Possible Action)

f. FAVA Chili Drive ThroughAsking permission to block parking spaces along J Street on the North side from

FAVA to the lamp post in front of Edward Jones from 4 pm to 7 pm on

September 21.

(Discussion and Possible Action)

g. Approval to Allow Fire Department to Purchase New Aeriel Truck(Action Item)

h. 28e Agreement with Forest City Community Schools(Action Item)

i. Resolution 20-21-16Resolution Adopting the CDBG EEOC Policy, Code of Conduct Policy, Procurement Policy,and theAffirmative Fair Housing Policy

(Action Item)

j. Approval of Various CDBG DocumentsAlternate Signatories

Residential Anti-displacement and Relocation Assistance Plan

Certificate of Compliance (CDBG Procurement Standards)

Policy on the Prohibition of the Use of Excessive Force

Authorization for Alternate Signatories for Section 106 Compliance

(Action Item)

k. Resolution 20-21-17Approval of Plat for Nerem Industrial Park 2nd Sub-Division

(Action Item)

l. Approval of Deed to Forest City Vet Clinic LLC(Action Item)

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m. Approval of Transfer Agreement for Forest City Veterinary Clinic, LLC(Action Item)

n. Approval of Deed to North Iowa Community College(Action Item)

o. Changes to Building Permits(Discussion and Possible Action Item)

p. Fee Change to Board of Adjustment Application(Discussion and Possible Action Item)

q. Forgiveness of Lien on Property Located at 546 S 4th St.(Action Item)

8. STAFF REPORTS9. PUBLIC FORUM

This is a time set aside for comments from the public on topics of City business other

than those listed on this agenda. Please understand that the Council will not take any

action on your comments at this meeting due to requirements of the Open Meetings

Law, but may do so at a future meeting. The Mayor and City Council welcome

comments from the public; however, at no time is it appropriate to use profane,

obscene, or slanderous language. The Mayor may limit each speaker to five minutes.

10. ADJOURNMENT

Contact: Barbara Smith, City Administrator ([email protected] 641-585-3576) | Agendapublished on 09/17/2020 at 11:55 AM

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REGULAR MEETING SEPTEMBER 8, 2020

The City Council of the City of Forest City, Iowa, met in regular session on September 8, 2020, at 7:00 p.m. in the Council Chambers of City Hall, 305 North Clark Street, Forest City, Iowa. The public attended via https://global.gotomeeting.com/join/632935301.

Mayor Byron Ruiter called the meeting to order and read the meeting protocol, followed by the Pledge of Allegiance.

Mayor Ruiter announced it was the time and place for a public hearing on the sale of approximately two acres of land in Nerem Industrial Park Subdivision 2 to Forest City Veterinary Clinic, LLC. Per City Attorney Steve Bakke, this is to obtain jurisdiction to sell the land. Since there were no written objections, nor were any oral objectors present at the meeting, the Mayor declared the hearing to be closed at 7:02 p.m.

Councilmembers present at roll call included: Davis, Holland, Mikes, Torkelson, Zehren and Pehrson (via telecom). Absent: Wooldridge.

Forest City Economic Development Director Beth Bilyeu reported on FCED’s activities, as follows: ▪ They will be changing the sign at Nerem Industrial Park. ▪ Targeted industries include transportation & machinery and plastics & rubber product

manufacturing. ▪ Cobblestone Hotel is now open. ▪ KIOW’s new offices are moving along, and Irish Hospital is working on additional funding sources.

The Mayor and Council thanked Ms. Bilyeu for the information presented. Moved by Davis, seconded by Torkelson, to approve the consent agenda, as follows:

1. Agenda (9/8/20) 2. Council Minutes (8/17/20), with noted correction that Holland voted Nay on the incinerator bids 3. Board & Committee Minutes from the Parks & Rec Board (8/27/20), Business & Industry

Committee (8/17/20), Street Committee (9/2/20), Forest City Economic Development, and the Forest City Chamber of Commerce

4. List of Claims 5. Class B beer license & ownership change for Paddler’s Tap

Roll call vote – all ayes. Motion carried unanimously. Barb Ruiter and Denise Holst of FAVA were present via telecom and requested closing J Street from the corner of Clark Street to the Edward D. Jones building on October 15th from 4-7 p.m. for a chili fundraiser. Moved by Davis, seconded by Torkelson, to table this issue to allow FAVA to contact area businesses and revise their plan. Roll call vote – all ayes. Motion carried unanimously. Chamber of Commerce Director Norma Hertzer requested approval to revise their request for closing Clark Street for Motor Night on September 11th from 5:00 to 10:30 p.m. They would like to close Clark Street from J Street to M Street. L Street will be open to through traffic. Moved by Zehren, seconded by Mikes, to approve the request. Roll call vote – all ayes. Motion carried unanimously. Airport Manager Dick Trimble asked the Council to approve Pay Estimate #3 in the amount of $28,457.53 to Holland Contracting for the Forest City Airport 4-Stall Hangar Construction Project. Moved by Mikes, seconded by Zehren, to approve the pay estimate. Roll call vote – all ayes. Motion carried unanimously.

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Airport Manager Dick Trimble asked the Council to approve Pay Estimate #4 in the amount of $46,624.31 to Holland Contracting for the Forest City Airport 4-Stall Hangar Construction Project. Moved by Davis, seconded by Pehrson, to approve the pay estimate. Roll call vote – all ayes. Motion carried unanimously. Library Director Christa Cosgriff noted that the Library Board recommends the quote from Robin’s Blacksmithing in an amount not-to-exceed $3,000 for removal of the incinerator at the new library building. City Attorney Bakke recommended that asbestos testing be done before removal. Moved by Zehren, seconded by Torkelson, to approve the bid from Robin’s Blacksmithing, subject to asbestos testing. Roll call vote – all ayes. Motion carried unanimously. City Administrator Barbara Smith asked the Council to approve Resolution 20-21-12, A RESOLUTION AMENDING RESOLUTION 20-21-08 BY TAKING THE AMOUNT OF FUNDING OUT OF THE RESOLUTION, PER THE IOWA LEAGUE’S RECOMMENDATION. Councilmember Holland moved its adoption, and Councilmember Mikes seconded the motion to adopt. Roll call vote – all ayes. Whereupon the Mayor declared the resolution duly adopted. City Administrator Barbara Smith presented a request for approval of a dead-end sign on Acorn Drive, so that people do not use personal property as a turn-around. City Attorney Bakke recommended that the sign be placed where the pavement ends. Moved by Torkelson, seconded by Davis, to approve a dead-end sign be placed on Acorn Drive where the concrete ends. Roll call vote – all ayes. Motion carried unanimously. Councilmember Mikes introduced Resolution 20-21-13, A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE NEREM INDUSTRIAL PARK UTILITY INSTALLATION PROJECT and moved its adoption. Councilmember Zehren seconded the motion to adopt. The Hearing is set for October 5, 2020, at 7:00 p.m. in the Council Chambers of City Hall. Roll call vote – all ayes. Whereupon the Mayor declared the resolution duly adopted. Councilmember Holland introduced Resolution 20-21-14, A RESOLUTION APPROVING THE SALE OF APPROXIMATELY TWO ACRES OF REAL ESTATE IN OUTLET B, NEREM INDUSTRIAL PARK, HANCOCK COUNTY, IOWA, LOCATED OFF OF COUNTY ROAD B-14, FOREST CITY, IOWA, TO FOREST CITY VETERINARY CLINIC, LLC. and moved its adoption. Councilmember Mikes seconded the motion to adopt. Roll call vote – ayes, with Torkelson abstaining. Whereupon the Mayor declared the resolution duly adopted. Councilmember Holland introduced Resolution 20-21-15, A RESOLUTION ACCEPTING WORK COVERING THE ELECTRIC DISTRIBUTION IMPROVEMENTS – PHASE 1B and moved its adoption. Councilmember Davis seconded the motion to adopt. Per Electric Department Manager Duane Kuhn, the project is completed at the total amount of $587,340.73. Roll call vote – all ayes. Whereupon the Mayor declared the resolution duly adopted. Moved by Zehren, seconded by Holland, to approve Pay Estimate #9 in the amount of $13,000.00 to Perrin Directional Drilling, LLC – Final Pay Request for the Electric Distribution Improvements Project Phase 1B (retainage). Roll call vote – all ayes. Motion carried unanimously. Moved by Holland, seconded by Davis, to approve Pay Estimate #2 in the amount of $54,097.18 to Perrin Directional Drilling, LLC for work on the Electric Distribution Phase 1C. Per Electric Department Manager Duane Kuhn, this project is 60 percent completed. Roll call vote – all ayes. Motion carried unanimously. City Administrator Barbara Smith asked the Council to approve a proposed Resolution of Necessity for the North 13th Street Project and set the date for a public hearing. Moved by Torkelson, seconded by Zehren,

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to approve the Resolution of Necessity and to set a public hearing for September 28th at 6:00 p.m. at the Emergency Services Center Meeting Room, Forest City, Iowa. Roll call vote – all ayes. Motion carried unanimously. Under staff reports, Councilmember Zehren noted that Bear Creek Golf Course now has a goose-control dog. They ask that no one feeds him, as the dog is specifically trained and on a schedule. The following invoices were approved for payment: CLAIMS REPORT VENDOR REFERENCE AMOUNT

10-S TENNIS SUPPLY TOURNAMENT NET 371.72 ABM EQUIPMENT VERSALIFT AND INSTALL 123,702.00 ACCESS SYSTEMS QUARTERLY CHARGES 597.60 ACE PROFESSIONAL CLEANING SERV WINDOW CLEANING 100.00 GORDON FLESCH COMPANY, INC. COPIER PAYMENT 89.96 GORDON FLESCH COMPANY, INC. LEASE PAYMENT 290.01 AGVANTAGE FS BULK DIESEL EXHAUST FLUID 179.36 AMARIL SAFETY CLOTHING 440.66 AMERICAN FAMILY LIFE GROUP INS PAYABLE 1,030.36 AMERICAN LIBRARY ASSOCIATION MEMBERSHIP DUES 225.00 TRENT ANDERSON UNIFORM ALLOWANCE 103.31 BAKER & TAYLOR COMPANY BOOKS 1,000.47 BEAR CREEK GOLF COURSE GOLF MEMBERSHIP 215.32 BETTER HOMES & GARDENS SUBSCRIPTION 15.00 BLUE CROSS-BLUE SHIELD GROUP INS PAYABLE 2,731.90 BOMGAARS SUPPLY MISC SUPPLIES 135.93 BOMGAARS SUPPLY MISC SUPPLIES 952.00 BORDER STATES ELECTRIC ELECTRICAL SUPPLIES 1,439.42 BROWN SUPPLY CURB BOX REPAIR LID 107.80 CANON FINANCIAL SERVICES LEASE PAYMENT 148.66 CENTRAL IA DISTRIBUTING REFINISH GYM FLOOR 3,925.00 CENTRAL IA DISTRIBUTING MISC SUPPLIES 588.50 CENTRAL IOWA WATER, INC. SERVICE CALL 250.00 CITY OF FOREST CITY SPECIAL PICK UP 35.00 COMPUTER SYSTEMS UNLIMITED SERVICE 37.50 COMPUTER SYSTEMS UNLIMITED COPIER SERVICE 37.40 CONTINENTAL RESEARCH MISC SUPPLIES 440.14 CONTROLPRINT CREATIVE CORP. BROCHURE PRINTING 125.00 CONVERGENT NONPROFIT SOLUTIONS MANAGEMENT AGREEMENT PMT #8 23,500.00 CHRISTA COSGRIFF REIMBURSEMENT 10.98 DEITERING BROS., INC. FUEL & HYDRAULIC FILTERS 125.20 DGR ENGINEERING FUEL TANK PROJECT 6,649.00 DXP ENTERPRISES, INC. CASE OF OIL 286.18 EAGLE ENGRAVING, INC. ENGRAVING 24.20 EDDY'S GLASS & DOOR SERVICE CALL/VISITOR CENTER 269.94 EFTPS FED/FICA TAX 24,122.31 EFTPS FED/FICA TAX 25,090.90 F C AMBULANCE CLEANING 62.50 F C CHAMBER OF COMMERCE SERVICES 2,600.00 F C CHAMBER OF COMMERCE WELLNESS BUCKS 918.62 F C EMPLOYEE ASSN FLOWER FUND 39.00 F C LIBRARY LIBRARY DONATE 92.98 F C MUN UTILITIES UTILITIES 12,670.42 FARM & CITY INSURANCE ADD 2020 F550 538.00 FARM & HOME PUBLISHERS WINNEBAGO/HANCOCK CO BOOKS 114.00 FEDERAL FIRE EQUIPMENT FIRE EXTINGUISHER INSPECTION 285.99 FLETCHER-REINHARDT ELECTRICAL SUPPLIES 4,399.18

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FOREST CITY FORD VEHICLE TUNE UP 338.88 G & H MOTOR PARTS PARTS 628.97 GARNER LUMBER & SUPPLY LUMBER 49.92 GARNER LUMBER & SUPPLY MISC SUPPLIES 578.13 GEARGRID CORPORATION LOCKER GEAR HANGERS 362.00 GIFTS SEW SWEET UNIFORM ALLOWANCE 128.00 GRAINGER FAN MOTOR PARTS 144.73 GREEN CANOPY KYBO RENTAL 369.16 GRIT-OGDEN PUBLICATIONS SUBSCRIPTION 18.95 GROVES CONTRACTING DEMO HOUSES 12,139.00 H & S AUTO PARTS PARTS 114.62 HACH CHEMICAL CO CHEMICALS 30.15 THRESEA HALLETT REIMBURSEMENT 23.50 HANCOCK CO TREASURER PROPERTY TAXES 478.00 HAWKINS INC CHEMICALS 25.00 HERMEL WHOLESALE WATER 162.26 HOLLAND CONTRACTING HANGER CONSTRUCTION 75,081.84 HYGIENIC LAB ACCTS RECEIVABLE TESTING 84.50 IA ASSN OF MUN UTIL NCISA 2,843.04 INTERSTATE MOTOR TRUCKS BREATHER KIT 50.90 IOWA ONE CALL SERVICES 74.80 IOWA PRISON IND VARIOUS SIGNS 992.30 IPERS IPERS PAYABLE 33,845.16 IRBY ELECTRICAL SUPPLIES 1,355.09 KELTEK INC. HAAS AGREEMENT 16,608.43 LAHARV CONST CURB & GUTTER/WINN WAY 7,539.09 LARRY ELWOOD CONSTRUCTION CONNECTOR PIGTAIL 50.18 LINCOLN AQUATICS BENCH SEAT CUSHIONS 947.13 LINCOLN NATIONAL LIFE INS CO GROUP INS PAYABLE 2,770.96 LYLE'S SALES & SERVICE TRIMMER LINE 76.99 LYLE'S SALES & SERVICE CHAPS/PARTS 135.50 MASON CITY RECYCLING RECYCLING CHARGES 1,127.60 MCMASTER CARR MISC SUPPLIES 264.67 MENARDS LUMBER 371.92 METLIFE - GROUP BENEFITS GROUP INS PAYABLE 298.43 MIDWEST WHEEL COMPANIES BRAKE SHOES & DRUMS 439.92 MOODY'S INVESTORS SERVICE, INC SERVICES 500.00 MY-LOR. INC. ID TAGS 40.08 N I A C C PESTICIDE TESTING/R FOLKERTS 20.00 N I A C O G TRANSIT BUS INSURANCE 1,817.82 NELSON PLUMBING & HEAT SERVICE CALL/LABOR 887.44 NELSON PLUMBING & HEAT SERVICE CALL/AC REPAIR 151.22 NEXT GENERATION MONTHLY BACKUP 97.35 NO IA MEDIA GROUP ADV/LEGAL PUBLICATIONS 394.44 OFFICE DEPOT OFFICE SUPPLIES 234.14 OVERDRIVE, INC. FY2021 BRIDGES E-BOOK FEES 985.18 SCHOOL HEALTH CORPORATION WHISTLES 132.93 MEDCO SUPPLY COMPANY MISC SUPPLIES 119.70 PERRIN DIRECTIONAL DRILLING FINAL PAY ESTIMATE PHASE 1B 13,000.00 PERRIN DIRECTIONAL DRILLING PAY EST #2/PHASE 1C 54,097.18 PLEVA MECHANICAL INC. POOL REPAIRS/LABOR 163,050.50 PRESTO-X SERVICES 47.00 PREVENTION SUBSCRIPTION 51.36 QUILL CORPORATION OFFICE SUPPLIES 175.80 RELENTLESS LLC dba DESERT SNOW TRAINING/TJ SPOONER 599.00 RELIANT FIRE APPARATUS, INC. PARTS/SERVICE 1,719.62 RESCO MARKING PAINT/CABLE CLEANER 156.22 RICK BURRESS ABATEMENMT MOWING 150.00 RIHM KENWORTH PARTS FOR #180 1,183.07 RIVER CITY COMMUNICATIONS MONTHLY SECURITY 70.00 SATURDAY EVENING POST SUBSCRIPTION 15.00

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SCHNEBLY'S 66" " FUEL 288.30 SCHNEBLY'S 66" " FUEL 198.00 TROY SELIP PARKING PERMIT REFUND 80.00 SPEER FINANCIAL SERVICES 545.00 STATE LIBRARY OF IOWA FY2021 BRIDGES E-BOOK FEES 62.00 SUNDE SERVICES, LLC DRAINAGE DITCH MOWING 90.00 TASC FLEX PRE-TAX 1,028.77 TASC FLEX PRE-TAX 1,028.77 TEST AMERICA LABORATORIES TESTING 1,002.75 TREAS, ST OF IOWA STATE TAXES 8,405.00 U P S UPS CHARGES 68.95 VALIC DEF COMP- 457 410.00 VALIC DEF COMP- 457 410.00 VERIZON PHONE SERVICE 16.61 VERIZON PHONE SERVICE 772.36 VERIZON PHONE SERVICE 16.61 VISA CREDIT CARD CHARGES 435.69 VISA CREDIT CARD CHARGES 113.39 VISA CREDIT CARD CHARGES 142.08 VISA CREDIT CARD CHARGES 75.56 VISA CREDIT CARD CHARGES 97.00 VISA CREDIT CARD CHARGES 237.24 WHKS & CO. NUTRIENT REDUCTION STRATEGY 11,107.89 WESCO RECEIVABLES CORP. NEREM AREA SUPPLIES 18,172.94 WESTOWN PLACE, LLC RENT REIMBURSE TENANT #40 237.50 WEX BANK FUEL 269.87 WINN CO CONSERVATION BOARD EDUCATION CENTER SUPPORT 2,000.00 WINNEBAGO COUNTY TREASURER PROPERTY TAXES 4,739.48 Y M C A YMCA 198.00 YOHNCO CONCRETE/EAST J & S CENTRAL 513.00 ZIEGLER, INC. VIRNIG SNOW BLADE 7,731.85 Accounts Payable Total 701,853.80 Payroll Checks 74,665.95 ***** REPORT TOTAL ***** 776,519.75 GENERAL 382,196.33 ROAD USE 65,135.27 LOW/MOD INCOME 237.50 MOTEL PROJECT 1,868.68 2018-20 STREET PROJECTS 3,884.00 LIBRARY 23,789.54 CASEYS STORE 330.21 J ST TR & PAMMEL PARK UPG 5,210.83 WATER 17,176.83 SEWER 26,869.38 ELECTRIC 229,400.66 LANDFILL/GARBAGE 16,401.08 STORM WATER 4,019.44 TOTAL FUNDS 776,519.75

Councilmember Davis motioned to adjourn the meeting at 8:01pm, seconded by Councilmember Zehren. Roll call vote – all ayes. Motion carried unanimously. ATTEST:

____________________________________ __________________________________ Barbara Smith, City Administrator Byron Ruiter, Mayor

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WATER/WASTEWATER COMMITTEE

COMMITTEE MEETING

SEPTEMBER 8, 2020

The Forest City Water/Wastewater Committee met on September 8, 2020 at 11:00 a.m. Present were

council members Denny Zehren and Win Pehrson (via virtual meeting); City Administrator Barb Smith;

Forest City Economic Development Director Beth Bilyeu; Water/Wastewater Superintendent Kevin Reicks;

and Lou Wehrspann with WHKS. Mayor Ruiter arrived at approximately 11:09.

The Nerem Industrial Park Utility Installation Project was discussed. Wehrspann noted that it will be an

8” water main and an 8” sewer main. Bilyeu asked for verification that an 8” watermain would be

enough flow for fire suppression for any industry that will build at Nerem Industrial Park. Wehrspann

stated that an 8” watermain will take care of all fire suppression at the park. Wehrspann then noted

that the sewer main will be buried 10’ in the ground and the watermain would be 6’ underground. He

suggested that since the sewer main is buried so low, that the City add a sewer service for each lot to

avoid the property owner from needing to dig so deep. The estimated additional cost for the sewer

service connections is $4,200.

Total project cost is estimated to be around $120,000.

Smith asked that the pay requested be broken down between water and sewer for proper payments

from each department.

The meeting adjourned at 11:19 am.

--Barb Smith

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ELECTRIC COMMITTEE

COMMITTEE MEETING

SEPTEMBER 8, 2020

The Forest City Electric Committee met on September 8, 2020 at 6:00 p.m. Present were council members

Ron Holland, Leslie Torkelson, and Win Pehrson (via conference call); City Administrator Barb Smith;

Forest City Economic Development Director Beth Bilyeu; Electric Superintendent Duane Kuhn; and Mayor

Byron Ruiter.

Smith and Bilyeu discussed a possible grant to the developer of the old Irish Hospital with the stipulation

that everything in the apartment complex be electric. Smith and Bilyeu discussed the increase in electric

revenue as well as the TIF revenue as repayment to the electric department. There was also discussion

about where the grant funds would come from in the electric utility.

It was decided to invite the developer to speak with the committee and share the proposed business

plan prior to the committee making and recommendation to the council.

The meeting adjourned at 6:22 pm.

--Barb Smith

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BOARD OF ADJUSTMENT MEETING

MAY 5, 2020

The Board of Adjustment of the City of Forest City, Iowa, met on September 8, 2020, at 12:00 pm. Board Chair, Tim Fredrickson, called the meeting to order at 12:00 pm. Present were Jim Braun (via virtual meeting), John Hill, Marcia Tweeten (via virtual meeting), Dick Tweeten, Brian Current, June Lackore, City Attorney Steve Bakke, City Administrator Barb Smith, and Andrew and Heidi Fedders, property owners at 445 W J Street. Assistant City Attorney Sarah Keeley arrived at approximately 12:03 pm. Fedders explained the need for the larger garage. The proposed garage will be 1,120 square feet and have 8’ sidewalls constructed on a row of block to allow for better drainage of the garage. After much discussion, Current motioned to approve the 1,120 square foot garage; seconded by D. Tweeten. Ayes all; motion carried. Assistant City Attorney Keeley will take care of the legal recording of the variance. Smith explained the need for the changes to the building permits and the board of adjustment fees. Smith stated that building permit fees have not been raised in nearly 20 years and it costs the city more than the $25 to approve the permit. She also explained that it costs the city over $400 in attorney fees plus recording fees to hold a board of adjustment hearing, so our tax payers are carrying most of the burden for a board of adjustment hearing. Lacore motioned to recommend to the City Council to increase building permit fee for the first permit for a project to $35, the second permit for the same project to $50, and the 3rd permit for the same project to $100 and must be approved by the City Council; seconded by M Tweeten. Ayes all; motion carried. D Tweeten motioned to recommend to the City Council to increase the board of adjustment fee to $230. This will be half of the cost to the city to hold the hearing plus a portion of the recording fees for the variance; seconded by Current. Ayes all; motion carried. M Tweeten motioned recommending to the City Council to add the following language to the building permit instructions: “Denial of Permit: A permit may be denied due to any nuisance violation or unresolved violations of any ordinance, past due utility bill, past due invoices, or delinquent special assessments to the property.”; seconded by Current. Ayes all; motion carried. Smith will add the recommendations to the council agenda on September 21, 2020. Noting no further business, the meeting was adjourned at 12:38 p.m. ATTEST: ____________________________________ __________________________________ Barbara Smith, City Administrator/Clerk Tim Fredrickson, Chairman

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Planning and Zoning Commission Minutes

September 9, 2020

The Forest City Planning and Zoning Commission met on September 9, 2020 in the Council Chambers at

City Hall. The meeting was called to order at 5:00 pm. Present were Commission members Jim Benson,

Jan Faulkner, Lee Lambert, Dan Meyer, Doug Yeager, Kathy Rollefson and Lowell Solberg; Mayor Byron

Ruiter; Forest City Economic Development Director Beth Bilyeu; City Administrator Barb Smith; City

Attorney Steve Bakke; and Assistant City Attorney Sarah Keely. Steve Pickar arrived at approximately 5:02

pm.

Bakke explained that the platting of Nerem Industrial Park 2nd Sub-Division is considered a minor sub-

division as there are no streets to be constructed in the sub-division; therefore the City was not required

to approve a preliminary plat and went directly to final plat for approval.

Bakke also noted that there will be a 30’ utility easement running north and south between the lots (15’

on each property) and a 20’ utility easement running east and west (10’ on each property). The City will

install water and sewer main from the south end of the property to the middle of the four lots.

It was noted that North Iowa Community College will be construction their Career Education Center on

Lot 2 (the NE lot) and the Forest City Veterinary Clinic will be constructing a new facility on Lot 3 (the SW

lot).

After all questions were answered, Rollefson motioned to recommend approval of the plat to the City

Council; seconded by Lambert. Ayes all; motion carried.

The resolution for the final plat approval will be on the council agenda on September 21, 2020.

There being no other business to discuss, the meeting adjourned at 5:22 pm.

---Barb Smith

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MINUTES PARKS & RECREATION BOARD REGULAR MONTHLY MEETING

Monday, September 14, 2020, 6:00PM Civic Stage

CALL TO ORDER Called to order by Chad Reece. Board Members present: Jason Bruckhoff, Missy Reynolds, Mary Beth Barnes. Also present were: Rec Supt., Sue Edmondson, Park Supt., Todd Espeland, Treasurer, Barb Smith. Guest: Mark Pleva Absent: Mike Johnson ADDITIONS OR CORRECTIONS TO AGENDA None APPROVAL OF MINUTES FROM LAST MEETING Motion by Jason Bruckhoff, Second by Missy Reynolds. Motion carried APPROVAL OF INVOICES Motion by Missy Reynolds, Second by Jason Bruckhoff, Motion carried NEW BUSINESS

Aquatic Center Update with Mark Pleva

• 15 leaks have been found to date o Most have been stress cracks due to movement

• When pool was filled there were two lines broken o A suction line and a return line o Pressure line has been sleeved the entire length o Suction line has been repaired

• Pool is still losing water, appears to be slowing down o Nick Nelson is monitoring it and will let Mark know when it stops o Mark is coming Monday to dye the surge tank to see if water is being lost

from the surge tank or the outer edge gutters o Mark is leaning towards the leak being in the structure not the piping as it

has been thoroughly tested

• To prevent future ground movement o Make sure everything is drained, plugged, capped and blown out o Mark will be here to help winterize this year

• Mark will attend City Council Meeting on Monday to share his findings and any new information available prior to the meeting.

Other New Business • None

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OLD BUSINESS Rec Report, Sue

• Soccer is going well • Chad Gassman, Waldorf Athletic Director, called Sue to let her know some

players from the team have tested positive for COVID-19 but it was NOT any of the coaches that have helped the week before. Sue will ask for parent volunteers the last 2 weeks of the program.

• Volleyball is going well • The volleyball program is going very well except seating is an issue, as

people are not following the rules as far as not sitting on taped off seats • Sue is going to put a message requesting all spectators to wear masks effective at

the start of basketball league due to limited space in the Civic in regard to social distancing and meeting CDC guidelines

• Boy Scouts will resume their meetings in the Scout Room • Sue has someone coming to quote out resurfacing and painting the slide at the pool

Park Report, Todd • Dump station update

• Not much work done last week due to rain • Update coming tomorrow

• Boy Scout fishing line recyclers are complete • Todd scheduling a time for install

• Spoke to River City Fencing • Quote came in at $7,049 and will be completed yet this fall • Asked for a quote on the toppers, $2,220 for each field

• Dead trees in Clarks Woods • Some are becoming a safety issue but mostly just an eye sore currently • Todd spoke to Rick Skjeie about the potential of a grant to help with tree

removal • 5 trees for sure need to be removed

• Will look at getting estimates ESPN Fund

• $42,047.82 • $0.04 earned per can • Discussion of replacing some equipment at Merrick Park

Other Old Business • Recognition for Randy

• Will take place at half time of football game this Friday • Will meet at East end of track prior to presentation

ADJOURN Motion made by Missy Reynolds, Second by Jason Bruckhoff, Motion carried.

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SAFETY COMMITTEE

COMMITTEE MEETING

SEPTEMBER 17, 2020

The Forest City Safety Committee met at 5:00 pm on September 17, 2020 via Go To Meeting at

https://global.gotomeeting.com/join/697791869

1 (224) 501-3412 Access Code: 697-791-869

Present via the virtual meeting Win Pehrson, Karl Wooldridge, Dan Davis, Mayor Byron Ruiter, City

Administrator Barb Smith, and Paramedic Superintendent Dale Rayhons.

Dale discussed 3 paramedics that had been interviewed. Candidate 1 has 18 months experience and has

worked part-time for the department; Candidate 2 has 4 years of experience and has a Certification of

Paramedic CCP and has also worked part-time for the department. Candidate 3 is a new paramedic and

has not worked with the department in the past.

After much discussion it was decided to offer Candidate 1 a position with the department at a starting

rate of Step 2 ($21.39) with an increase to Step 3 ($22.94) with a favorable performance evaluation after

one year. Candidate 2 will be offered the 2nd paramedic position at a starting wage of $22.75 plus $0.25

per hour for the additional certification. This candidate will move to Step 5 upon their 1 year

anniversary pending a favorable performance evaluation.

The meeting adjourned at 5:45 pm.

--Barb Smith

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Trick-or-Treating During COVID-19

Recommendations from Winnebago County Public Health & Emergency Management

WINNEBAGO COUNTY – Like most events and holidays that have taken place amid the COVID-19

pandemic, Halloween may look different this year.

"Because kids trick or treat outside many parents may be more inclined to let their children go door to

door," said Allison Rice, RN/Clinical Manager for Winnebago County Public Health. "But, given the

nature of the virus, parents are likely wondering what additional safety measures they should take."

Winnebago County Public Health and Emergency Management are providing these recommendations:

For those passing out treats

• Turn on your front yard/house light so trick-or-treaters know they are welcome;

• Wear a face covering (highly encouraged);

• Distribute treats FROM the home TO the visitor. Do not allow trick-or-treaters to pick through

the assortment or bowl to get their own treat(s);

• Have individually wrapped treats to distribute;

• Sanitize hands between visits from groups, if possible;

• Consider sitting outside to distribute candy. You can set up chairs and a table with your treats

and sanitizer.

For trick-or-treaters (and those accompanying them)

• Sanitize your hands frequently;

• Avoid touching your face, mouth, eyes or nose;

• Groups are encouraged to maintain 6-feet of separation from other groups or individuals.

"Halloween can remain to be fun for children without looking that much different," Rice said.

###

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From: Barbara Ruiter <[email protected]>Sent: 15 September 2020 18:17:02To: administrator; Val Monson; Barney Ruiter ([email protected]); Amanda Eldridge; Amanda Jones; Christine Gardner; Denise

Holst; Jennifer Cleveland; Kerry Gunderson; Kristine Kingland; Rose HolmesCc:Subject: Okay Team FAVA, I have gotten okays

Team FAVA, Barb, Val and Barney,I have visited the business that could be affected by blocking off three parking spots beside FAVA on J Street. From the corner to the StreetLamp beside Edward Jones.Jason Barnes from H&R Block said we had his blessings, he wished us a successful fundraiser and said he would send out notes to his staff tostop by on Thursday, October 15 for a nice bowl of chili.The recep�onist at State Farm said it was okay with all of them.There was no one in at 1040 ETC. I called the number on the door and le� a message and our phone number.On J Street, Edward Jones said that was fine with them, most of the staff is working remotely, so we can take all we want.Verizon was not open, I called the number on the window and le� a message, asking them to return my call with their decision.Subway said they have no problem with it. There is s�ll plenty of parking for their customers and all orders are carry out so no one stays toolong. That’s all of the businesses.So we are good to go.Barb Barbara Ruiter, Data EntryWestCare / FAVA100 N. Clark AveForest City, IA 50436Email: [email protected]: 641-243-4103 / Fax: 641-585-5995

westcare.comUplifting the Human Spirit

-- CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and are intended solely for the useof the individual or entity to which they are addressed. This communication may contain material protected by HIPAA legislation(45 CFR, Parts 160 & 164) or by 42 CFR Part 2. If you are not the intended recipient, be advised that you have received this emailin error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received thisemail in error, please notify the sender by reply email and destroy all copies of the original message.

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©The Iowa State Bar Association 2020

IowaDocs®

Form No. 101, Warranty Deed

Revised January 2016

Return To: Steven R Bakke, 150 N. Clark Street, Forest City, Iowa 50436

Taxpayer: Forest City Veterinary Clinic, LLC, ___________________

Preparer: Steven R Bakke, 150 N. Clark Street, Forest City, Iowa 50436, Phone: (641) 585-2530

WARRANTY DEED

For the consideration of One and NO/100--- Dollar(s) and other valuable consideration, The

City of Forest City, Iowa does hereby convey to the Forest City Veterinary Clinic, LLC the

following described real estate in Hancock County, Iowa:

Lot 3 in the Nerem Industrial Park Second Subdivision, Forest City, Hancock

County, Iowa.

No Groundwater Hazard Statement or Declaration of Value required as

consideration is less than $500.

Grantor does hereby covenant with grantees, and successors in interest, that grantor holds the

real estate by title in fee simple; that they have good and lawful authority to sell and convey the

real estate; that the real estate is free and clear of all liens and encumbrances except as may be

above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful

claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes

all rights of dower, homestead and distributive share in and to the real estate.

Words and phrases herein, including acknowledgment hereof, shall be construed as in the

singular or plural number, and as masculine or feminine gender, according to the context.

Dated: ___________________.

CITY OF FOREST CITY, IOWA

_______________________________________

BY: Byron Ruiter, Mayor

_______________________________________

BY: Barbara Smith, City Administrator/Clerk

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©The Iowa State Bar Association 2020

IowaDocs®

Form No. 101, Warranty Deed

Revised January 2016

STATE OF IOWA :

:ss

COUNTY OF WINNEBAGO :

On this ___ day of __________________, 2020, before me, a Notary Public, personally

appeared Byron Ruiter and Barbara Smith, to me personally known, and, who, being by me duly

sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of

Forest City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the

corporation, and that the instrument was signed and sealed on behalf of the corporation, by

authority of its City Council on the _____ day of ____________, 2020, and that Bryon Ruiter and

Barbara Smith acknowledged the execution of the instrument to be their voluntary act and deed

and the voluntary act and deed of the corporation, by it voluntarily executed.

____________________________________

Notary Public in and for the State of Iowa

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Prepared by: Steven R. Bakke, Bakke Law Office, 150 N. Clark St., Forest City, IA 50436 Telephone: 641-585-2530

TRANSFER AGREEMENT

This Agreement is entered into between the City of Forest City, Iowa (the “City”) and

Forest City Veterinary Clinic, LLC, (the “LLC”) as of the ____ day of September, 2020 (the

“Commencement Date”).

WHEREAS, the City owns certain real property which is situated in the City described as

follows:

Lot 3 in the Nerem Industrial Park Second Subdivision, Forest City, Hancock

County, Iowa.

(the “Property”); and

WHEREAS, the LLC has proposed to undertake construction on Lot 3 of a Veterinary

Clinic (the “Project”) on the Property; and

WHEREAS, the LLC has requested that the City provide financial assistance in the form

of a transfer of the above described property at no cost contingent upon the execution of this

Agreement; and

WHEREAS, the taxable base valuation of the Property for purposes of Section 403.19 of

the Code of Iowa is $2,126.75 (the “Base Valuation”); and

WHEREAS, Chapter 15A of the Code of Iowa authorizes cities to provide grants, loans,

guarantees, tax incentives and other financial assistance to or for the benefit of private persons;

and

WHEREAS, the City has developed a matrix including forgiveness of $10,000 of the

purchase price for every $100,000 of assessed value of the finished construction.

NOW THEREFORE, the parties hereto agree as follows:

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A. LLC’s Covenants.

1. Veterinary Clinic, Construction. The LLC agrees to construct the Veterinary

Clinic on the Property. The LLC will submit a detailed site plan (the “Site Plan”) for the

development of the Veterinary Clinic to the City which, upon approval by the City Council, shall

be attached as Exhibit A hereto. The LLC agrees to construct the Veterinary Clinic in accordance

with the Site Plan.

2. Property Taxes. The LLC agrees to ensure timely payment of all property

taxes as they come due with respect to the Property with the completed Veterinary Clinic thereon

throughout the Term, as hereinafter defined.

3. Property Tax Payment Certifications. The Property will have the Base

Valuation (the “Base Valuation”) of $2,165.75.

4. Minimum Assessment Agreements. The LLC agrees to execute an

assessment agreement, as shown on Exhibit B, in accordance with Section 403.6 of the Code of

Iowa, establishing a minimum addition of assessed valuation for the Property above and beyond

the Base Valuation, in contemplation of the Building and related improvements to be completed

thereon, of at least $400,000 as of January 1, 2022. The assessment agreement shall remain in

effect during the Term of this Agreement. The City and the LLC hereby acknowledge that the

validity of such an assessment agreement is subject to a determination of reasonableness of the

proposed minimum valuation and corresponding execution by the Hancock County Assessor.

5. Ownership of Property. The LLC agrees to maintain ownership of the

Property and the completed Veterinary Clinic throughout the Term, as hereinafter defined. The

LLC will not convey any real property interest in the Property or the completed Veterinary Clinic

without first receiving written consent from the City. Said consent from the City shall not be

unreasonably withheld.

6. Insurance.

(a) The LLC, and any successor in interest to the LLC, shall obtain and continuously

maintain insurance on the Property and the completed Veterinary Clinic.

7. Default Provisions. The following shall be “Events of Default” under this

Agreement, and the term “Event of Default” shall mean, whenever it is used in this Agreement

(unless otherwise provided), any one or more of the following events:

(a) Failure by the LLC to commence and complete construction of the Veterinary

Clinic and the Infrastructure Project pursuant to the terms and conditions of this

Agreement.

(b) Failure by the LLC to fully and timely remit payment of property taxes when due

and owing.

Whenever any Event of Default described in this Agreement occurs, the City shall provide

written notice to the LLC describing the cause of the default and the steps that must be taken by

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the LLC in order to cure the default. The LLC shall have thirty (30) days after receipt of the notice

to cure the default or to provide assurances satisfactory to City that the default will be cured as

soon as reasonably possible. If the LLC fails to cure the default or provide assurances, City shall

then have the right to pursue any action available to it, at law or in equity, in order to enforce the

terms of this Agreement.

B. City’s Obligations.

1. Transfer of Property. Upon execution of this Agreement by LLC, the City

agrees to transfer the property for one dollar paid by the LLC.

2. Construction of infrastructure to the site, including, but not limited to water, sewer

and electrical.

3. The parties agree in the event a storm sewer or drainage is required for the Nerem

Industrial Park or any of its outlots or subdivisions, LLC will pay its prorated share of the cost of

said storm sewer or drainage including, but not limited to, Planning, Engineering and Construction.

C. Administrative Provisions.

1. Amendment and Assignment. This Agreement may not be amended or

assigned by either party without the written consent of the other party.

2. Successors. This Agreement shall inure to the benefit of and be binding upon the

successors and assigns of the parties.

3. Covenant Running With the Land. This Agreement shall run with the land

described herein and shall be binding upon the LLC, and on successors, assigns, heirs and any and

all future titleholders of record of the land or portions thereof.

4. Term. The term (the “Term”) of this Agreement shall commence on the

Commencement Date and end on __________________________________________________

_____________________________________________________________________________.

5. Choice of Law. This Agreement shall be deemed to be a contract made under

the laws of the State of Iowa and for all purposes shall be governed by and construed in accordance

with laws of the State of Iowa.

The City and the LLC have caused this Agreement to be signed, in their names and on their

behalf by their duly authorized officers, all as of the day and date written above.

FOREST CITY VETERINARY CITY OF FOREST CITY, IOWA

CLINIC, LLC

_______________________________________ ___________________________________

_________________ Managing Member Byron Ruiter, Mayor

___________________________________

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Barbara Smith, City Administrator/Clerk

STATE OF IOWA :

: ss

COUNTY OF WINNEBAGO :

On this ___ day of _____________, 2020, before me, a Notary Public, in and for said

county, personally appeared ______________, to me personally known, who being by me duly

sworn and affirmed did say that that person is the President and Secretary/Treasurer of said limited

liability company and that said instrument was signed on behalf of the said limited liability

company by authority of its managers and the said President and Secretary/Treasurer

acknowledged the execution of said instrument to be the voluntary act and deed of said limited

liability company by it voluntarily executed.

____________________________________

Notary Public in and for the State of Iowa

STATE OF IOWA :

: ss

COUNTY OF WINNEBAGO :

On this ___ day of ________________, 2020, before me, a Notary Public, personally

appeared Byron Ruiter and Barbara Smith, to me personally known, and, who, being by me duly

sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of

Forest City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the

corporation, and that the instrument was signed and sealed on behalf of the corporation, by

authority of its City Council on the ___ day of ______________, 2020, and that Byron Ruiter

and Barbara Smith acknowledged the execution of the instrument to be their voluntary act and

deed and the voluntary act and deed of the corporation, by it voluntarily executed.

____________________________________

Notary Public in and for the State of Iowa

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EXHIBIT A

SITE PLAN

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EXHIBIT B

MINIMUM ASSESSMENT AGREEMENT

MINIMUM ASSESSMENT AGREEMENT

THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this _________ day of

______________, 2020, by and among the CITY OF FOREST CITY, IOWA, (the "City"),

and FOREST CITY VETERINARY CLINIC, LLC ( the "LLC"), and the HANCOCK

COUNTY ASSESSOR (the "Assessor").

WITNESSETH:

WHEREAS, on or before the date hereof the City and LLC have entered into a Transfer

Agreement dated as of September ______, 2020, (the "Agreement") regarding certain real

property located in the City legally described as: Lot 3 Nerem Industrial Park Second

Subdivision, Forest City, Hancock County, Iowa (the "LLC Property"); and

WHEREAS, it is contemplated that pursuant to said Agreement, the LLC will undertake

the development of the LLC Property, which is within the Forest City Urban Renewal

Area/Commercial; and

WHEREAS, pursuant to Section 403.6(19) of the 2005 Code of Iowa, as amended, the

City and the LLC desire to establish a minimum actual value for the land and facilities thereon

to be constructed by the LLC pursuant to the Agreement (defined therein as the "Minimum

Improvements"); and

WHEREAS, the City and the Assessor have reviewed the Minimum Improvements

which it is contemplated will be erected.

NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in

consideration of the promises, covenants and agreements made by each other, do hereby agree as

follows:

1. The minimum actual taxable value which shall be fixed for assessment purposes for

the LLC Property and Minimum Improvements shall be not less than Four Hundred Thousand

Dollars, ($400,000) hereafter referred to as the ("Minimum Actual Value") until termination of

this Minimum Assessment Agreement.

Nothing herein shall be deemed to waive the LLC's rights under Iowa Code Section

403.6(19) to contest that portion of any actual value assignment made by the Assessor in excess

of the Minimum Actual Value established herein. In no event, however, shall the LLC seek to

reduce the actual value assigned below the Minimum Actual Value established herein during the

term of this Agreement.

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2. The Minimum Actual Value herein established shall be of no further force and effect

and this Minimum Assessment Agreement shall terminate on December 31, 20__.

3. This Minimum Assessment Agreement shall be promptly recorded by the LLC with

the Recorder of Hancock County, Iowa. The LLC shall pay all costs of recording.

4. Neither the preambles nor provisions of this Minimum Assessment Agreement are

intended to, or shall be construed as, modifying the terms of the Agreement between the City and

the LLC.

5. This Minimum Assessment Agreement shall inure to the benefit of and be binding

upon the successors and assigns of the parties, and all holders of mortgages upon or security

interests in the LLC Property or Minimum Improvements granted prior to the date hereof, to

secure any loans with respect to the LLC Property or Minimum Improvements, that execute the

consent attached hereto.

(SEAL) CITY OF FOREST CITY, IOWA

By: _________________________________

Byron Ruiter, Mayor

ATTEST:

By: ___________________________________

Barbara Smith, City Administrator/Clerk

FOREST CITY VETERINARY CLINIC, LLC

By: ________________________________

_____________, Managing Member

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STATE OF IOWA :

:ss

COUNTY OF WINNEBAGO :

On this __ day of ______, 2020, before me, a Notary Public, personally appeared Byron

Ruiter and Barbara Smith, to me personally known, and, who, being by me duly sworn, did say

that they are the Mayor and City Administrator/Clerk, respectively, of the City of Forest City,

Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and

that the instrument was signed and sealed on behalf of the corporation, by authority of its City

Council on the __ day of _____________, 2020, and that Byron Ruiter and Barbara Smith

acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary

act and deed of the corporation, by it voluntarily executed.

__________________________________________

Notary Public in and for the State of Iowa

STATE OF IOWA )

) SS:

COUNTY OF WINNEBAGO )

On this ___ day of _____________, 2020, before me, a Notary Public, in and for said

county, personally appeared ______________ and _____________, to me personally known, who

being by me duly sworn and affirmed did say that that person is the President and

Secretary/Treasurer of said limited liability company and that said instrument was signed on behalf

of the said limited liability company by authority of its managers and the said President and

Secretary/Treasurer acknowledged the execution of said instrument to be the voluntary act and

deed of said limited liability company by it voluntarily executed.

____________________________________

Notary Public in and for the State of Iowa

City2021/minimum assessment agreement with FC Vet Clinic

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CERTIFICATION OF ASSESSOR

The undersigned, having reviewed the Minimum Improvements to and the market value

assigned to the land upon which the Minimum Improvements are to be constructed, and being of

the opinion that the minimum market value contained in the foregoing Minimum Assessment

Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being

legally responsible for the assessment of the property described in the foregoing Minimum

Assessment Agreement, upon completion of Minimum Improvements to be made on it and in

accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to

such land and building shall not be less than $400,000, until termination of this Minimum

Assessment Agreement pursuant to the terms hereof.

_______________________________________

Marianne Welsch

County Assessor for Hancock County, Iowa

_______________________________________

Date

STATE OF IOWA )

) SS

COUNTY OF HANCOCK )

On this __ day of ______, 2020, before me, the undersigned, a Notary Public in and for the

State of Iowa, personally appeared Marianne Welsch, Hancock County Assessor to me known to

be the identical person named in and who executed the foregoing instrument, and acknowledged

that she executed the same as her voluntary act and deed.

________________________________________

Notary Public in and for the State of Iowa

City2021/minimum assessment agreement with FC Vet Clin

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©The Iowa State Bar Association 2020

IowaDocs®

Form No. 101, Warranty Deed

Revised January 2016

Return To: Steven R Bakke, 150 N. Clark Street, Forest City, Iowa 50436

Taxpayer: North Iowa Area Community College, 500 College Drive, Mason City, IA 50436

Preparer: Steven R Bakke, 150 N. Clark Street, Forest City, Iowa 50436, Phone: (641) 585-2530

WARRANTY DEED

For the consideration of One and NO/100--- Dollar(s) and other valuable consideration,

The City of Forest City, Iowa does hereby convey to North Iowa Area Community College, the

following described real estate in Hancock County, Iowa:

Lot 2 in the Nerem Industrial Park Second Subdivision, Forest City, Hancock

County, Iowa.

No Groundwater Hazard Statement or Declaration of Value required as

consideration is less than $500.

Grantor does hereby covenant with grantees, and successors in interest, that grantor holds

the real estate by title in fee simple; that they have good and lawful authority to sell and convey

the real estate; that the real estate is free and clear of all liens and encumbrances except as may

be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful

claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes

all rights of dower, homestead and distributive share in and to the real estate.

Words and phrases herein, including acknowledgment hereof, shall be construed as in the

singular or plural number, and as masculine or feminine gender, according to the context.

Dated: ___________________.

CITY OF FOREST CITY, IOWA

_______________________________________

BY: Byron Ruiter, Mayor

_______________________________________

BY: Barbara Smith, City Administrator/Clerk

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©The Iowa State Bar Association 2020

IowaDocs®

Form No. 101, Warranty Deed

Revised January 2016

STATE OF IOWA :

:ss

COUNTY OF WINNEBAGO :

On this ___ day of __________________, 2020, before me, a Notary Public, personally

appeared Byron Ruiter and Barbara Smith, to me personally known, and, who, being by me duly

sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of

Forest City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the

corporation, and that the instrument was signed and sealed on behalf of the corporation, by

authority of its City Council on the _____ day of ____________, 2020, and that Bryon Ruiter and

Barbara Smith acknowledged the execution of the instrument to be their voluntary act and deed

and the voluntary act and deed of the corporation, by it voluntarily executed.

____________________________________

Notary Public in and for the State of Iowa

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©The Iowa State Bar Association 2020

IowaDocs®

Form No. 129, Release of Real Estate Mortgage

Revised January 2016

RELEASE OF REAL ESTATE MORTGAGE

Recorder’s Cover Sheet

Preparer Information:

Steven R Bakke, 150 N. Clark Street, Forest City, Iowa 50436

Phone: (641) 585-2530

Taxpayer Information: (name and complete address)

_________________

Return Document To:

Steven R Bakke, 150 N. Clark Street, Forest City, Iowa 50436

Mortgagee releasing mortgage:

City of Forest City, Iowa

Mortgagor:

Jerold R. Holland and Winifred C. Holland, husband and wife,

Legal Description:

Document or instrument number of previously recorded documents: _________________

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©The Iowa State Bar Association 2020

IowaDocs®

Form No. 129, Release of Real Estate Mortgage

Revised January 2016

RELEASE OF REAL ESTATE MORTGAGE

The undersigned, the present owner(s) of the mortgage hereinafter described, do hereby

acknowledge that a certain mortgage bearing date of March 30, 2004, made and executed by Jerold

R. Holland and Winifred C. Holland, husband and wife, to the City of Forest City, Iowa and

Recorded in the records of the office of the Recorder of the County of Winnebago State of Iowa,

recorded as Document Reference Number 050558 on April 6, 2005, is redeemed, paid off, satisfied

and discharged in full.

Words and phrases herein, including acknowledgment hereof, shall be construed as in the

singular or plural number, and as masculine, feminine or neuter gender, according to the context.

Dated ____________________, 2020.

CITY OF FOREST CITY, IOWA

____________________________________

Byron Ruiter, Mayor

____________________________________

Barbara Smith, City Administrator/Clerk

STATE OF IOWA :

:ss

COUNTY OF WINNEBAGO :

On this ___ day of _________, 2020, before me, a Notary Public, personally appeared

Byron Ruiter and Barbara Smith, to me personally known, and, who, being by me duly sworn, did

say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Forest City,

Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and

that the instrument was signed and sealed on behalf of the corporation, by authority of its City

Council on the _____ day of ________________, 2020, and that Bryon Ruiter and Barbara Smith

acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary

act and deed of the corporation, by it voluntarily executed.

____________________________________

Notary Public in and for the State of Iowa