Regular Council Meeting January 12, 1999 - 7:00 P.M.   The West Burlington City Council met in Regular Session in Council Chambers at 122 Broadway Street with Mayor Trousil presiding.  Council Members Hockett, Lees, Riessen, Pilger and Johnson were present.  City Administrator Plyman, Fire Chief Astfalk and Police Chief Walters were also present.  Lees moved, second by Riessen, to approve the Agenda as presented.  Voice vote.  All aye.  Motion carried.

Lees moved, second by Hockett, to approve the following Consent Agenda items:  Voice Vote.  All aye.  Motion carried.

A.       Minutes Regular Council Meeting December 22, 1998

B.        Expulsion of Andrew Nebergall from the West Burlington Fire Department

C.        Purchase of Radio for Fire Department -- $1,250

D.       Payment to Iowa Association Municipal Utilities  -- $11,150.00 – SASSO Dues

E.        Appointment of Des Moines County News and The Hawk Eye as Official Newspaper for City

F.        Payment to Dickinson Company for Traffic Signal Replacement -- $$9,040.00

G.       Payment to Cessford Construction Co. for rock and rip rap -- $1,452.10

H.       Payment to City of Burlington for County Wide Communications -- $2,182.89

I.          Payment To Burlington Waterworks Water from 12-01-98 to 12-31-98 -- $10,180.98

J.         Payment to Shive-Hattery for IAAP Wastewater Connection Study -- $1,453.00

K.       Purchase of Flow Meter for Wastewater Plant -- $2,235.00

L.        Payment to Beik Engineering, Inc. for Tier 2 Site Clean-Up -- $2,648.20

M.      Claims as Presented

BID OPENING FOR PLEASANT MEADOW SUBDIV. LOTS - AWARD TO HIGHEST  BIDDER – Mayor Trousil announced no bids were received.

CITIZEN’S INQUIRIES:

David Oleson – Request for Refund of Deposit – Lot #9 Pleasant Meadow Subdivision -

Mr. Oleson asked the Council to reconsider their earlier decision denying his deposit on Lot #9 in the Pleasant Meadow Subdivision.  He said the long delay in acquiring the abstract caused his financing to fall through.  He said it should have taken only 4 to 6 weeks to obtain the abstract and it took 27 weeks. 

After considerable discussion, Johnson moved, second by Riessen, to refund all but the City’s expenses.  Riessen and Johnson voted aye; Lees, Hockett and Pilger voted nay.  Motion denied.

Lees moved, second by Riessen, to refund one half of the deposit.  Riessen, Johnson and Lees voted aye.  Pilger and Hockett voted nay.  Motion carried.

NEW BUSINESS:

Resolution Authorizing Transfer of Funds from the General Fund to Debt Service Fund – Hockett moved, second by Riessen, to approve Resolution 99-01 authorizing the transfer of $6,174.91 from the General Fund to the Debt Service Fund.  The revenue was received from the State as the result of House File 726, which requires the state to fully fund the homestead, military and elderly property tax credits.  The City is required to use at least 50% of the additional reimbursement for property tax relief.  Roll call.  Ayes:  Lees, Hockett, Riessen, Pilger and Johnson.  Nay:  None.  Motion carried.  

Consider Waiving Building Permit Fee Penalty – Mayor Trousil explained Carl A. Nelson started construction on an addition to the BMC’s Healthwest Rehab facility without first obtaining a building permit from the City as required by Chapter 158 of the City Code.  Section 158.04 imposes a penalty of a double fee in such instances.  The building permit fee for the project, without penalty, is $2,175. 

Tim Siebert, a manager of Carl A. Nelson, is requesting that the City not impose this penalty because he says the error was made in good faith.  He said the construction contract with BMC calls for his company to obtain the building permit fee.  However, previous contracts called for the hospital to pay the fee.  The mix-up occurred when his company started work on the project without realizing its new responsibility under the new contract. 

Administrator Plyman advised the Council to be careful when waiving penalties that are set forth by Code.  He said the Council needs to be careful not to make these decisions in an arbitrary fashion.  If they desire to waive the penalty, the Council should consider modifying Section 158.04 to create a formal set of standards against which these types of requests will be judged. 

Hockett moved, second by Pilger, to deny the request of Carl A. Nelson to waive the penalty for failure to obtain a building permit prior to starting construction.  Voice vote.  All Aye.  Motion carried.

OLD BUSINESS:

Consider Gear Ave. Traffic Engineering Contract with Shive-Hattery (tabled during last meeting) – This topic had been tabled at the last Council Meeting.  Bill Cary, an engineer with Shive-Hattery, was invited to attend the meeting.  The City has a contract with Shive-Hattery in the amount of $25,000 for the South Gear Avenue Corridor Transportation.  Mr. Cary said he submitted an ICAAP grant application to the IDOT and we are awaiting a response.  He also said even if we are awarded the grant we will not be able to have the improvements completed by the planned grand opening date of the hospital (spring 2000).   He said the scope of the project needs to be enlarged so that some improvements can be constructed before grand opening.  Mr. Cary is looking into other grant programs and is developing an interim plan for making improvements before 2000. 

After discussion Riessen moved, second by Pilger, to approve an amendment to the Gear Avenue Traffic Engineering Contract, which raises the contract amount from $25,000 to $39,700.  Voice vote.  All aye.  Motion carried. 

Mayor Trousil asked Mr. Cary to provide us with a chronological list of items we’ve completed and to include items that still need to be done. 

Consider Ordinance on Second Reading concerning Testing Water Meters – Mayor Trousil explained that on occasion property owners request the City test their water meters for accuracy.  The City does not currently have an ordinance concerning meter testing.  The Water Department recommended such an ordinance.  The ordinance will require a $25.00 deposit for meter testing.  If the meter registers 2% or more fast, the property owner shall be entitled to an adjustment and the deposit refunded. 

Hockett moved, second by Johnson, to approve an ordinance on second reading amending Chapter 90 of the Municipal Code concerning the inspection of water meters.  Roll call.  Ayes:  Lees, Pilger, Johnson, Riessen, Hockett.  Nays:  None.  Motion carried.

COMMITTEE REPORTS:

SANITATION – Lees said it’s time we prepare the ordinance we discussed earlier pertaining to well monitoring.  This was discussed when Advanced Radiator discharged metals into the sanitary sewer system.   (Plyman said we have not heard from Loeschen concerning Advanced Radiator.)  

UTILITIES – Lees said there are numerous street lights out around town.  She will turn in a list to City Hall.

PUBLIC SAFETY – Fire Chief Astfalk said one of his firemen was injured while replacing fire hose in the tower following a fire alarm last week. 

Police Chief Walters said Officer Franklin injured his back while assisting a resident last week.  He also said Officer Raid Bonar is in her second week at the academy. 

FINANCE – A Budget Work Session was set for Tuesday, January 19^th, at 4:30 P.M. 

STREETS – There was nothing to report. 

CORRESPONDENCE

Mayor Trousil said we received correspondence from Robert Engberg, the attorney for EMC Insurance reference John Hawkinson v. City of West Burlington.  Hawkinson alleges the City should have supplied $20,000 of accidental death or disability coverage during his final year of employment with the City.  The City did supply $20,000 of accidental death and dismemberment at the time Hawkinson left the City.  There had been a typographical error when the contract was typed.  It appears Hawkinson has dropped his suit.

ADJOURN – There being no further business the meeting adjourned at 9:06 p.m. upon motion by Lees and second by Hockett.  Voice vote.  All aye.  Motion carried.

Approved                                              Terrie L. Simonson, City Clerk