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					REGULAR COUNCIL MEETING, CITY OF STORM LAKE, IOWA, CITY
HALL, JUNE 1, 2009, 5:00 P.M.

Present: Mayor Jon Kruse, Council Members Jim Treat, Steven O’Bannon, David
Walker, Sara Huddleston, and Julie Egland. Absent: None. Staff present: City
Administrator Patti Moore, City Attorney Paul Havens, Assistant Police Chief Todd
Erskine, Infrastructure Superintendent Pat Kelly, Library Director Misty Gray, Project
Manager/Community Development Director Mike Wilson, and Justin Yarosevich City
Clerk.

Mayor Kruse called the meeting to order at 5:00 p.m.

Hear the Public – None

Consent Agenda – Moved by Council Member O’Bannon to approve the consent agenda
which included warrants #29730 through #29924, minutes from the May 18, 2009
council meeting, cigarette permits for Al’s Liquors, Casey’s East & West, Dyno’s,
Fareway, Hy-Vee, Kum & Go, Midtown Service, Murphy Oil Co., One Stop Shop, and
Sichanh Asian Food, and the appointment of Palmer Olson to the Storm Water Advisory
Board. Seconded by Council Member Walker. Vote: All ayes. Motion carried.

Rural Water Waiver – Moved by Council Member Treat to approve a waiver request
from David and Richard Stille to allow Iowa Lakes Regional Water to serve the
following addresses 1310, 1324, & 1344 on 615th Street. Seconded by Council Member
O’Bannon. Vote: All ayes. Motion carried.

City Fees – Moved by Council Member Walker to adopt Resolution No. 68-R-2008-
2009 updating City fees and charges for services by adding a $25.00 application and
permit fee for the Central Business District Bench Program. Seconded by Council
Member Huddleston. Vote: All ayes. Motion carried.

                         RESOLUTION NO. 68-R-2008-2009

                     RESOLUTION SETTING FINES AND FEES

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF STORM LAKE, IOWA that the following schedule of fees are approved and
effective as of the date of this resolution.

Administration                                             Fee            Code Section
Administrative Fee                                         $15.00
City Code Subscription (yearly)                            $50.00
Garbage Truck Permits (per business)                       $100.00      3-1-5
Insufficient Check Fee                                     $25.00
New Friends List                                           $10.00
Peddlers Permit (1 Day)                                    $25.00       4-3-6
  Investigation Fee                                   $25.00    4-3-4
Peddlers Permit (1 Week)                              $75.00    4-3-6
  Investigation Fee                                   $25.00    4-3-4
Solicitors Permit (per person)                        $2.00     4-3-6
Solicitors Permit (principal) (1 day)                 $25.00    4-3-6
 Investigation Fee                                    $25.00    4-3-4
Solicitors Permit (principal) (1 week)                $75.00    4-3-6
 Investigation Fee                                    $25.00    4-3-4
Taxi Permit (Business)                                $100.00   4-5-3
Taxi Permit (per vehicle)                             $10.00    4-5-3
Cancel Permit Fee                                     $25.00

Airport (monthly fees)
Hangar A                                              $65.00
Hangar B                                              $80.00
Hangar C                                              $95.00
Hangar D                                              $135.00
Hangar E                                              $150.00

Building Official
Central Business District Bench & Flower Pot Permit   $25.00
Driveway Cut Inspection & Marking Only                $30.00
Driveway Cut < 18’                                    $80.00
Driveway Cut 24’                                      $95.00
Driveway Cut 34’                                      $120.00
ROW Temp Closure Permit                               $25.00
Building Moving Permit (Per Bldg)                     $100.00   5-1-1
Demolition Permit                                     $50.00
Pool Inspection                                       $20.00    8-8-11
Re-inspection Fee (after 1 per inspection)            $50.00
No Show Fee (per event)                               $50.00
Rental Housing Registration Fee (one time fee)        $100.00   5-8-9


Building Official (con’t)

Property Maintenance Ordinance Appeal                 $150.00   Zoning Ord.
Variance Request                                      $150.00   Zoning Ord.
Zoning Request                                        $200.00   Zoning Ord.
Conditional Use                                       $300.00   Zoning Ord.

       Building & Sign Permit Fees
Building & Sign Permit <$1,200                        $22.02    5-2-2
Building & Sign Permit $1,200-2,000                             5-2-2
       $22.02 + $2.88 for each additional $100.00 over $1,200
Building & Sign Permit $2,001-25,000                                   5-2-2
       $45.06+ $9.16 for each additional $1,000.00 over $2,000
Building & Sign Permit $25,001-50,000                                  5-2-2
       $255.79+ $6.22 for each additional $1,000.00 over $25,000
Building & Sign Permit $50,001-100,000                                 5-2-2
       $398.80+ $4.15 for each additional $1,000.00 over $50,000
Building & Sign Permit $100,001-500,000                                5-2-2
       $614.60+ $3.61 for each additional $1,000.00 over $100,000

Temporary Sign Permit (3 days)                             $20.00      Zoning Ord.
Temporary Sign Permit (20 or 30 days)                      $50.00      Zoning Ord.

      Electrical Fees
For New Residences                                                     5-4-9
      Single Dwelling                                      $38.00
      Duplex Dwelling                                      $56.75
      Triplex Dwelling                                     $75.50
      4-Plex Dwelling                                      $113.00
      Multi Units Between 5 and 12                         $156.75
      Over 12 Units                                        $156.75 plus
                                                           $38.00each over 12
For New Commercial or Industrial Buildings
      First $5,000.00 at $8.00 per/$1,000.00 of cost
      Second $5,000.00 at $6.75 per /$1,000.00 of cost
      Third $5,000.00 at $5.50 per/$1,000.00 of cost
      Fourth $5,000.00 at $4.25 per/$1,000.00 of cost
      Fifth $5,000.00 at $3.00 per/$1,000.00 of cost
      All over $25,000.00 at $1.50 per/$1,000.00 of cost

For Rewiring, Repairs or Alterations on Residence, Commercial and Industrial Buildings
      $100.00 to $150.00 electric contract $6.75
      $151.00 to $200.00 electric contract $8.00
      $201.00 to $250.00 electric contract $9.25
      $251.00 to $300.00 electric contract $10.50
      $301.00 to $350.00 electric contract $11.75
      $351.00 to $400.00 electric contract $13.00
      $401.00 to $450.00 electric contract $14.25
      $451.00 to $500.00 electric contract $15.50
      $501.00 to $1,000.00 electric contract $23.00
      $1,001.00 to $2,000.00 electric contract $28.00
      All over $2,001.00 $28.00 plus $1.50per $100.00

      Plumbing Fees
For New Residences                                                     5-3-10
      Single Dwelling                                      $38.00
       Duplex Dwelling                                    $56.75
       Triplex Dwelling                                   $75.50
       4-Plex Dwelling                                    $113.00
       Multi Units Between 5 and 12                       $156.75
       Over 12 Units                                      $156.75 plus
                                                          $38.00 each over 12
For New Commercial or Industrial Buildings
       First $5,000.00 at $8.00 per/$1,000.00 of cost
       Second $5,000.00 at $6.75 per /$1,000.00 of cost
       Third $5,000.00 at $5.50 per/$1,000.00 of cost
       Fourth $5,000.00 at $4.25 per/$1,000.00 of cost
       Fifth $5,000.00 at $3.00 per/$1,000.00 of cost
       All over $25,000.00 at $1.75 per/$1,000.00 of cost
For Repairs or Alterations on Residence, Commercial and Industrial Buildings
       $100.00 to $150.00 plumbing contract $6.75
       $151.00 to $200.00 plumbing contract $8.00
       $201.00 to $250.00 plumbing contract $9.25
       $251.00 to $300.00 plumbing contract $10.50
       $301.00 to $350.00 plumbing contract $11.75
       $351.00 to $400.00 plumbing contract $13.00
       $401.00 to $450.00 plumbing contract $14.25
       $451.00 to $500.00 plumbing contract $15.50
       $501.00 to $1,000.00 plumbing contract $23.00
       $1,001.00 to $2,000.00 plumbing contract $28.00
       All over $2,001.00 $28.00 plus $1.50 per $100.00

Campground
Electrical Only (per day)                                 $14.00
Full Hook Up w/ Patio & Lake Front View (per day)         $21.00
Full Hook Up with Patio (per day)                         $19.00
Full Hook Up w/o Patio (per day)                          $17.00
Primitive Sites                                           $11.00
Extra vehicle/trailer above 2 (per day)                   $2.00
Visitor vehicles (per day/per vehicles)                   $2.00
Non-Campers Dump Station (per event)                      $4.50
Non-Camper Shower (per shower)                            $2.00

Fire Department
False Alarm Fee (after 1)                                 $150.00     4-7-16
Liquor License Inspection Fee                             $50.00
Fireworks Display (Mortar sizes from 1-3 inches)          $150.00
Fireworks Display (Mortar size larger than 3 inches)      $250.00

Golf Course
Family Season Pass                                        $450.00
Single Season Pass                                       $350.00
College Season Pass                                      $105.00
Junior Season Pass                                       $105.00
Electric Cart Storage                                    $205.00
Gas Cart Storage                                         $165.00
Locker Rent/yr                                           $20.00
Golf Club Rental                                         $10.00
Trail Fee (per day)                                      $10.00
Pull Cart Rental                                         $3.00
Trail Fee (year)                                         $100.00
Punch Card $10 per 9 holes (10 punches)                  $100.00
Punch Card Cart Rental $8 per punch (10 punches) per 9 holes       $80.00
Weekday 9 Holes                                          $12.00
Weekday 18 Holes                                         $16.00
Weekend 9 Holes                                          $16.00
Weekend 18 Holes                                         $22.00
Cart Rental 9 Holes                                      $10.00
Cart Rental 18 Holes                                     $20.00
Yearly Cart Rental                                       $180.00
Hall Rental (per day)                                    $175.00
Hall Rental (weekday 4hrs or less)                       $75.00

Police
Administrative Fee                                      $15.00
Alarm Business Permit Application                       $75.00     4-7-6
Alarm Business Permit Renewal                           $75.00     4-7-9
False Alarm Equip Malfunction (after 3)                 $75.00     4-7-16
False Alarm                                             $75.00     4-7-16
Building Escorts (per car)                              $75.00     5-1-3
Cat License – Not Neutered/Spayed (per year)            $20.00     8-4-2
       Neutered/Spayed (per year)                       $10.00
Dog License – Not Neutered/Spayed (per year)            $20.00     8-3-2
       Neutered/Spayed (per year)                       $10.00
Fingerprinting                                          $10.00
Impound/Storage Fee (per day)                           $25.00     8-6-5
Parking Fine                                            $15.00     9-11-4

King’s Pointe Outdoor Aquatic Center
Resident Card                                           $2.00
Family Resident Season Pass (up to 5 people)            $225.00
Each Additional Family Member               $30.00
Outside of BV County Family Pass                        $295.00
Single Resident Season Pass (children and adults)       $125.00
Outside of BV County Single Pass                        $215.00
Adult Resident Daily Pass (Age 12+)                     $7.00
Child Resident Daily Pass (Age 4-11)                    $5.00
Children (Age 4-11) Standard Pricing                   $10.00
Adults (Age 12+) Standard Pricing                      $14.00
3 and under                                            free
Swim Lessons                                           $30.00

Roadway Maintenance
Concrete Breaking (per sq ft)                          $2.50
Concrete Sawing (per ft)                               $3.75
Street Cuts (per sq yard of concrete)                  $37.00

Sewer
Sewer Svc Permit & Connection Fee                      $150.00     3-2-4
Private Wastewater System Permit                       $50.00      3-2-3

Shelter House
Rental Fee - Mon. – Thurs., per side                   $50.00
Rental Fee - Fri., Sat., & Sun., per side              $75.00
Damage Deposit – per side                              $50.00

Water
Door Tag Fee                                           $20.00      3-5-3
Meter Testing Fee (within 2%)                          $50.00      3-4-20
Shut Off – 8 AM to 3 PM                                $50.00      3-4-19 & 3-5-3
Shut Off – After 3 PM                                  $75.00      3-4-19 & 3-5-3
Water Svc Permit & Connect Fee                         $150.00     3-4-5
Water Tapping Fee (per inch)                           $65.00      3-4-5
Outside City Limits Hook-up Fee                      $1,500.00     3-4-6
Combined Utility Deposit                               $160.00

PASSED AND APPROVED this 1st day of June, 2009.

                                                    ___________________________
                                                               Jon F. Kruse, Mayor

ATTEST:

__________________________
Justin Yarosevich, City Clerk

Rickshaws – Moved by Council Member O’Bannon to waive the 2nd Reading of
Ordinance No. 14-O-2008-2009 adding licensing requirements for rickshaws. Seconded
by Council Member Walker. Vote: All ayes. Motion carried.

Moved by Council Member O’Bannon to pass on 3rd Reading Ordinance No. 14-O-2008-
2009 adding licensing requirements for rickshaws. Seconded by Council Member
Walker. Vote: All ayes. Motion carried.

                               ORDINANCE NO. 14-O-2008-2009

AN ORDINANCE AMENDING THE 1994 RECODIFICATION OF THE MUNICIPAL
CODE OF THE CITY OF STORM LAKE, IOWA BY AMENDING TITLE IV,
CHAPTER 5, RELATING TO TAXICABS TO VERIFY THAT RICKSHAWS
OPERATING COMMERCIALLY ARE SUBJECT TO THIS CHAPTER, TO SET UP
SPECIAL PROVISIONS RELATING TO THE OPERATION OF RICKSHAWS AND
TO MODIFY THE LIABILITY INSURANCE AMOUNT REQUIRED OF ALL
OPERATORS OF TAXICABS.

     BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STORM
LAKE, IOWA:

      Section l. Title IV, Chapter 5, Section 1, of the 1994 Recodification of the
Municipal Code of the City of Storm Lake, Iowa is hereby amended by the addition of a
new Subsection E as follows:

“(E) “RICKSHAW”, ALSO KNOWN AS PEDICAB, is defined as a bicycle or other
opened or closed vehicle with three or more wheels operated by one individual for the
purpose of or capable of transporting passengers for hire in seats or a platform made a
part of the rickshaw. This definition shall not include a bicycle built for two where the
operators are seated one behind the other nor shall it include the operation of a bicycle
with trainer or beginner wheels affixed thereto nor shall it include a wheelchair or other
vehicle with a purpose of operation by or for the transportation of a disabled person nor
shall it include a tricycle built for a child or an adult with a seat for only one operator and
no passenger nor shall it include a bicycle with a trailer attached suitable for carrying
small children unless the bicycle operator is being paid.. A rickshaw is included within
the definition of taxicab.”

        Section 2. Title IV, Chapter 5, Section 7 of the 1994 Recodification of the
Municipal Code of the City of Storm Lake, Iowa is hereby amended by deleting the
required amount of insurance of “Five Hundred Thousand Dollars ($500,000.00)” and
substituting “One Million Dollars ($1,000,000.00)” in its place.

       Section 3. Title IV, Chapter 5, Section 8, Subparagraph (C) of the 1994
Recodification of the Municipal Code of the City of Storm Lake, Iowa is hereby deleted
and the following language is substituted in its place: “All taxicab drivers shall be duly
licensed motor vehicle operators under the laws of the State of Iowa and shall be required
to obey the provisions of this Code and the provisions of Chapter 321 and 321J of the
Iowa Code at all times.”

       Section 4. Title IV, Chapter 5 is hereby amended by the addition of a new
Section 10 as follows:
“4-5-10 Special Provisions Relating To The Operation Of A Rickshaw. The
following special requirements shall apply to the operation for hire of a rickshaw within
the City of Storm Lake, Iowa:

        A. The provisions of 4-5-6 as related to rickshaws are modified to delete the
requirement that the bicycle be equipped with a horn and substituting “a reputable bicycle
repair shop” in place of the phrase “reputable auto mechanic”.

        B. All rickshaws shall be operated with a slow-moving vehicle sign mounted on
the rear of the rickshaw which shall be clearly visible to traffic approaching from the rear
of the rickshaw.

       C. Rickshaws shall not be operated on the sidewalk or Lake Trail within the City
of Storm Lake. Rickshaws may operate on the streets of Storm Lake but on any street
which has 4 lanes, rickshaws may only be operated in the outside lanes other than when
turning left.

       D. Rickshaws shall not be operated during rain or snow events. If precipitation
occurs after a trip has begun, the operator of the rickshaw shall return as quickly as
possible to the location where the passengers can be discharged.

        E. All rickshaws shall be equipped with tail lights or LED flashing lights so that
they are clearly visible as well as a head light or forward LED flasher. All such lights
must be utilized between the hours of dusk and dawn and must be visible from the front
and from the rear for a minimum of 200 feet.

        F. All of the requirements relating to rickshaws shall be equally applicable to a
horse-drawn carriage for hire other than the requirement that the carriages be certified by
a reputable auto mechanic/bicycle repair shop. The operators of any horse-drawn
carriage must provide the City with a manure management plan which ensures that no
horse manure will be left on the streets or in other public places.”

       Section 5: This ordinance shall be in full force and effect after its final passage,
approval and publication as provided by law.

       Passed and approved this 1st day of June, 2009.

                                                    ________________________________
                                                            Jon F. Kruse, Mayor

ATTEST:

_____________________________
Justin Yarosevich, City Clerk

E. Milwaukee Speed Limit – Moved by Council Member Egland to pass on 1st reading
Ordinance No. 15-O-2008-2009 amending the speed limit on E. Milwaukee Avenue.
Seconded by Council Member O’Bannon. Vote: All ayes. Motion carried.

Wastewater Treatment Plant Improvements – Moved by Council Member O’Bannon
to set the public hearing on the plans, specifications, form of contract, and cost estimates
for the Wastewater Treatment Plant Improvement Project for June 15, 2009 at 5:00pm.
Seconded by Council Member Huddleston. Vote: All ayes. Motion carried.

Private Wells Regulations – Moved by Council Member Walker to pass on 3rd Reading
Ordinance No. 12-O-2008-2009 prohibiting the construction of private wells for drinking
water and requiring construction permits for wells used for other than drinking water.
Seconded by Council Member O’Bannon. Vote: All ayes. Motion carried.

                          ORDINANCE NO. 12-O-2008-2009

     AN ORDINANCE ADDING TITLE 3, CHAPTER 12 OF THE 1994
 RECODIFICATION OF THE MUNICIPAL CODE OF THE CITY OF STORM
         LAKE, IOWA REGULATIONS ON PRIVATE WELLS

     BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STORM
LAKE, IOWA:

Section 1. A new Section 3-12-1 is hereby added to read as follows

3-12-1 Purpose
The purpose of this chapter is to protect the public health, safety, and welfare and assure
an adequate and safe water supply to the residents of the City of Storm Lake by
prohibiting the construction of private wells within the corporate limits that could become
possible points of entry of pollutants into the City's water supply or otherwise interfere
with the municipal water system maintained and controlled by the City of Storm Lake.

Section 2. A new Section 3-12-2 is hereby added to read as follows

3-12-2 Potable Water Wells Prohibited
No person shall construct a well to be used as a potable water supply within the corporate
City Limits. For the purposes of this chapter, "person" means private citizen,
corporation, or any other entity excluding the City of Storm Lake.

Section 3. A new Section 3-12-3 is hereby added to read as follows

3-12-3 Permit Required
No person shall construct a well used for other than drinking water (such as monitoring
wells greater than 20' deep, geo thermal wells, heat pump wells, and wells used for
irrigation systems) unless a permit has been issued for the well by the Buena Vista
County Sanitarian. The County Sanitarian will consult with the City prior to issuing
permits for wells inside the corporate City limits to determine if the well will interfere
with the City's water supply. If the City of Storm Lake's water supply will be negatively
impacted by the construction of the well then the application shall be denied.

Wells shall not be connected directly or indirectly to the City water supply.

Section 4. A new Section 3-12-4 is hereby added to read as follows

3-12-4 Special Exceptions
The City of Storm Lake may, upon written request to the City Administrator, grant a
special exception to the prohibition set forth in Section 3-12-2 upon such conditions and
limitation as the City, in its sole discretion, may prescribe. The City is under no
obligation to grant any special exceptions whatsoever, and the authority to grant such
special exception includes the authority to set appropriate fees for administration,
oversight, and monitoring as the City Council shall deem appropriate.

Section 5. A new Section 3-12-5 is hereby added to read as follows

3-12-5 Existing Wells
Any person who owns property in the City of Storm Lake which has a well which was
constructed prior to the effective date of this ordinance shall register said well with the
City. There will be no fee charged for the registration of pre-existing wells.

Section 6. A new Section 3-12-6 is hereby added to read as follows

3-12-6 Violation
A violation of any of the provisions of this chapter shall constitute a Municipal Infraction
subject to the penalties and alternative relief authorized by Title 1, Chapter 10 of this
Code and by Section 364.22 of the Code of Iowa.

Section 7. This ordinance shall be in full force and effect from and after its final passage,
approval and publication as provided by law.

       PASSED AND APPROVED this 1st day of June, 2009.

                                                               ________________________
                                                                       Jon F. Kruse, Mayor

ATTEST:

________________________
Justin Yarosevich, City Clerk

Resignation – Mayor Kruse announced that he has received a letter of resignation from
City Administrator Patti Moore effective December 31, 2009.

Adjourn – Moved by Council Member Walker to adjourn the meeting at 5:25pm.
Seconded by Council Member Egland. Vote: All ayes. Motion carried.

Jon F. Kruse, Mayor                     Attest: Justin Yarosevich, City Clerk

				
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