ORDINANCE NO._________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST OKOBOJI, lOWA, 1995 AS AMENDED, BY AMENDING THE TRAFFIC CODE BY ADDING A NEW SECTION _62.12____CONCERNING GOLF CART OPERATION ON CITY STREETS
WHEREAS, Incorporated areas may, upon approval of their governing body, allow the operation of golf carts on city streets by persons possessing a valid driver’s license under certain circumstances.
BE IT ENACTED by the City Council of the City of West Okoboji. Iowa
SECTION 1. The Code of Ordinances of the City of West Okoboji, Iowa, is hereby amended by adding a new Section 62.13 as follows:
Golf carts may be operated on city streets by persons possessing a valid driver’s license if all of the following conditions are met:
a. A golf cart shall not be operated upon a city street, which is a primary road extension through the city, but shall be allowed to cross a city street, which is a primary road extension through the city. Primary road extensions include, but are not limited to, South of the intersection of Heritage Ave and Jeppeson Rd, Highway 71 and Highway 86.
b. Golf carts shall only operate on the streets beginning one-half hour after sunrise to one-half hour before sunset. No carts will be allowed operate on the streets before or after these times. Are only allowed to operate on city streets from April 1st to October 31st.
c. Golf carts operated on city streets shall be equipped with adequate brakes.
d. Golf carts shall meet any other safety requirements imposed by the City, which include, but are not limited to, the following:
1. The Golf cart shall be equipped with a slow moving vehicle sign and a bicycle safety flag..
2. Must operate at a speed of 10 mph or less.
3. No Passengers in any towed trailer

4. If stopped by law enforcement, operator must be able to provide a valid driver’s license.

5. Operator must have proof of insurance

6. Operator will indemnify and hold the City harmless from any litigation
7 A person convicted of a violation of this section is guilty of a simple misdemeanor punished as a schedule violation under section 805.8A subsection, paragraph, “f” of the Code of Iowa.
(See Iowa Code § 321.247)
SECTION 2. REPEALER. All Ordinances or part of Ordinances in conflict with the provision of this Ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE. If any Section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any Section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This Ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
PASSED AND APPROVED this day of, _____________________ .

Larry Traughber, Mayor

ATTEST:

Edward Rice, City Manager-Clerk
I, Edward Rice, City Manager-Clerk of West Okoboji, Iowa, do hereby certify that the foregoing Ordinance was published on the __ day of 2009 in the ,weekly
newspaper published in Spirit Lake, Dickinson County, Iowa.
Dated this day of , 2009.
Edward Rice, City Manager-Clerk

City of West Okoboji
Regular Council Meeting
501 Terrace Park Blvd
April 15,2009

Presiding Larry Traughber
Council Present Sieh, Booth, Paxton, Petersen, Ladegaard

Other Present Mike Hoien, Les Banwart, Alan Mores, Bruce Lafever

Motion/Petersen/Booth/carried to approve the Agenda
Motion/Ladegaard/Paxton/ carried to approve the March 9, 2009 Minutes
Motion/Sieh/Booth/carried to approve the Treasurer’s Report
Motion/Petersen/Paxton/carried to approve the Claims for the Month

Traughber requested to go to Item B on New Business.
NEW BUSINESS:
Mike Hoien and Les Banwart requested that the city wait on the widening and resurfacing of 1st street until they could get an engineer to look at cutting the hill down. Hoien and Banwart would like to see what the cost of the project would be and the impact to the neighbor’s property by cutting the hill down. Hoien and Banwart would like to know if the city would contribute to this project? This project would involve lowering the water main, Quest lines, sewer manholes and light poles. They will have the engineer look at cuts from 2 feet to 4 feet. The benefit to the city would be visibility of traffic on the hill. Sieh reminded the Council that Wedekings had requested that the City cut the hill down before he had built his home. At that time the City had no interest in cutting the hill down. The Council agreed on holding off on the widening and resurfacing of 1st street until fall if Hoien and Banwart would patch the road. Hoien and Banwart agreed to patch the road and hire an engineer.

Alan Mores presented a project that would involve concreting in front of their mailboxes by the gates at Jones Beach. The neighbors had been some question about this project. Rice stated that the neighbors thought if they moved the mailboxes inside the gates there would be enough room for cars to turn around. Rice explained that the road is closer to the mailboxes and the road is not centered in the right of way and makes it harder to turn around. So in turn, the neighbors’ driveways go across city right of way to match up to the street. Sieh wanted to know why they couldn’t move the mailboxes inside the gates. Mores explained that the Postmaster would not allow that because the mailboxes would be on private property. Paxton explained that they could petition the Post Office to move the mailboxes inside.
The Council took no action on this item until they had the neighbors input.

Bruce Lafever present Petersen with a check from Alliant for Trees Forever. The Council praised Petersen on all of the work that she has done to get grants for planting trees.
Lafever explained the burying of electric lines from Lake Street to Given Ave. The estimated cost of burying electric lines in this project will be $118559.00 plus Street Lights. Sieh would like to know how much per foot it would cost the homeowner. Lafever said it would depend on whether they have to bore or trench the line in. Lafever stated they would look at each property and give a quote. Lafever had an example of a job that had some trenching and boring. The cost was $50.00 a foot. Lafever stated if the customer decides not to bury the line to their home they can set a pole for their service line. Along with this project the 4” water main will be replaced with 8” water main, with 2 new fire hydrants. Rice was instructed by the Council to contact the engineer for the engineering of the water main and get an estimate from Mediacom for burying their cable.
Motion/Petersen/Booth to approve the estimate for burying electric lines with concrete light pole along with replacement of water main and burying Medicacom lines.
Roll Call-Sieh,Booth,Paton,Petersen,Ladegaard

Rice reported the neighbors have pledged $10000.00 for the Playground equipment for Howard Titterington Park
Motion/Petersen/Paxton/ to purchase playground equipment for Howard Titterington Park

Ladegaard would like Rice to check with the City Attorney on the wording of the Resolution for Water and Garbage Rates.
Rice had checked with MHR on the cost to insure the Old City Hall. The cost per year was $302.00.
Motion/Ladegaard/Paxton to drop the insurance on the Old City Hall.

Parks and Rec:
Petersen explained the grants the city has receive for planting trees. Petersen set the date for planting trees along Heritage Ave and Three Cross Road for April 25th at 8:00 am.

UNFINISHED BUSINESS:
Rice has received more calls against speed bumps and has document all calls received. Joseph Andres wanted go on record to the Council for the need of speed bumps around his neighborhood.

AJUOURNMENT:
Motion/Petersen/Paxton/ to adjourn at 8:45pm

CITY OF WEST OKOBOJI
REGULAR COUNCIL MEETING
CITY HALL
AGENDA
May 13, 2009 - 6:30 p.m.

1) Call to Order & Roll Call

2) The Pledge Allegiance to the Flag

3) Approve Agenda

4) Approve minutes of April 15, 2009

5) Treasurer’s Report

6) Claims for month

7) Committee Reports

a) Streets
b) Water
c) Sanitation
d) Parks & Rec
e) Finance - Banks
f) Website

Unfinished Business

a) Jones Beach request for improvements by mailboxes
b) Speed Bumps
c) 1St Street Improvements

9) NEW BUSINESS
a) Notice of Abate Nuisance- Property owned by Gale Andrews & Dave C. Siber
b) First reading of a Resolution for Water and Garbage Rates
c) Golf Cart Ordinance
d) Clerk School

Adjournment