Regular Council Meeting May 11, 1999 - 7:00 P.M.   The West Burlington City Council met in Regular Session at 122 Broadway Street with Mayor Trousil presiding.  Council Members Hockett, Lees, Johnson, Riessen, and Pilger were present. City Administrator Plyman, Police Chief Walters, Building Inspector Hoy and Fire Chief Astfalk were also present.   Riessen moved, second by Hockett, to approve the Tentative Agenda with the deletion of ‘Consider Hiring of Asst. Public Works Director/Utilities Director’.  Voice vote.  All aye.  Motion carried.

    Hockett moved, second by Pilger, to approve the following Consent Agenda items:

    A.       Minutes Regular Council Meeting April 27, 1999

    B.        Financial Report for April 1999

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

    D.       Payment to Burlington Municipal Waterworks - $9,918.14

    E.        Payment to Shive-Hattery Inc. for IAAP Wastewater Connection Study - $3,138.50

    F.        Payment to Shive-Hattery Inc. for South Gear Avenue Corridor Study - $37,772.00

    G.        Payment to Shive-Hattery Inc. for Agency Road Widening/Broadway Improvements - $3,052.79

    H.       Payment to Shive-Hattery Inc. for Division Street Extension - $1,088.34

    I.          Payment to Municipal Supply Inc. for BMC Chlorination/Sewer Line - $2,853.00

    J.         Fire School for June for ten Firefighters

    K.       Entering Fire Trucks in Burlington Steamboat Parade

    L.        Purchase of City Flags - $1,688.00

    M.      Payment of Claims as Presented

    PUBLIC HEARINGS:

    Rezoning of Deery Brothers Property – Mayor Trousil opened the Public Hearing on the rezoning of the Deery Brothers property located at 200 S. Gear Avenue from I-2 to B-2.  The Planning and Zoning Commission approved the rezoning on April 16.  The reason for the rezoning is to conform to the newly adopted Comprehensive Plan.  There were no comments received by the Clerk. 

    Attorney Gerald Goddard, representing Deery Brothers expressed concern about the rezone, especially if it limits their rights to repair vehicles.  Mr. Goddard requested the issue be referred back to the Planning & Zoning Commission so that Mr. Deery could meet with them to discuss the issue and address some of the concerns. 

    The group was uncertain whether vehicle repair could be conducted in a business district.  After considerable discussion it was agreed a group discussion with the Planning Commission was the best option.  The Public Hearing was closed.

    Rezoning along East Agency Road and Broadway Street – Mayor Trousil opened the Public Hearing on the rezoning of various parcels located along Agency Road from I-2 to B-2.  The Planning and Zoning Commission approved the rezoning on April 16.  The reason for the rezoning is to conform to the Comprehensive Plan.  The Clerk had received a comment from James Costello, who owns property at 1201 Derek Lincoln Drive, objecting to the rezoning because it could negatively affect future land sales and current uses. 

    John Tod, who owns property located in the 1100 block of Broadway Street, objected to the rezoning.  Mr. Tod has a real estate contract for the sale of 1122 and 1124 Broadway and fears the rezoning will interfere with and limit the use of the properties. He also owns property at 1130 Broadway, which he leases to Vogel Warehouse, Inc.   These premises are used for warehousing, fabrication and a sales office.  Mr. Tod strenuously objects to the rezoning of this property because it would violate the terms of the lease agreement.  Mr. Tod suggested the city leave his property at 1130 Broadway zoned I-2 so it could serve as a buffer between higher industrial uses and a business designation.  The Public Hearing was closed.

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

    CITIZEN’S INQUIRIES:  There were none.

    NEW BUSINESS:

    Consider Ordinance on 1st Reading – Rezoning Deery Brothers Property – Hockett moved, second by Lees, to deny the consideration of an ordinance rezoning Deery Brothers Property.  Voice vote.  All aye.  Motion carried. 

    Hockett moved, second by Johnson, to refer the zoning issue back to the Planning & Zoning Commission for further review.  Voice vote.  All aye.  Motion carried. 

    Consider Ordinance on 1st Reading – Rezoning along East Agency Road and Broadway Street   Hockett moved, second by Riessen, to deny the consideration of an ordinance rezoning property along East Agency Road and Broadway Street.  Voice vote.  All aye.  Motion carried.

    Lees moved, second by Riessen, to refer the zoning issue back to the Planning & Zoning Commission for further review.   Voice vote.  All aye.  Motion carried.

    Consider Ordinance on 1st Reading – Banning Laser Pointers by Persons Under 18 – Police Chief Walters recommended the Council consider an ordinance banning the possession of laser pointers by juveniles and restrict their use by anyone.  He gave them several articles relating to the hazards of laser pointers, which are being used improperly, and the potential problems that may result.  He also gave them a memo from Bob Bowen, the High School Principal, relating the school’s problems with lasers.   

    Hockett said he would hate to see us get into the legislative can of worms this would cause.    He said he is not in favor of banning devices.  Johnson said we should not ban devices that are legal to sell.  Riessen said he has nothing against this type of legislation, lasers are annoyances. 

    After considerable discussion Hockett moved, second by Johnson, to deny the consideration of an ordinance banning laser pointers by persons under 18.  Voice vote.  All aye except Riessen who voted nay.  Motion carried.

    Consider Resolution Setting Public Hearing on FY99 Budget Amendment – Lees moved, second by Riessen, to set a Public Hearing on FY99 Budget Amendment for May 25, 1999 at 6:00 p.m.  Roll call.  Ayes:  Hockett, Riessen, Lees, Pilger, Johnson.  Nay:  None.  Motion carried. 

    Consider hiring of Temporary Laborers for the Swimming Pool – Lees moved, second by Johnson, to approve hiring four temporary laborers (Kyle Law, Monica Dorenkamper, Heidi Dorenkamper, Stacy Dorenkamper) at $6.00 per hour as requested by the Pool Manger.  These people will assist the Pool Manager with preparing the pool for the season.  Voice vote.  All aye.  Motion carried. 

    Consider purchase of Cold Planer Attachment for Uni-loader -- $8,500 – Riessen moved, second by Hockett, to approve the purchase of a cold planer attachment for the uni-loader from Contractors Machinery at a cost of $8,500.  Voice vote.  All aye.  Motion carried. 

    OLD BUSINESS:

    Consider Ordinance on 2nd Reading – Adoption of Municipal Code of Ordinances – Hockett moved, second by Riessen, to approve the second reading of an ordinance adopting the Municipal Code of Ordinances.  Roll call.  Ayes:  Pilger, Lees, Johnson, Hockett, Riessen.  Nays:  None.  Motion carried.

    Consider Ordinance on 2nd Reading – Zoning Code Amendment (outlawing residences in business districts) – Administrator Plyman explained this ordinance makes two significantly different types of changes.  It prohibits all residential uses in B-1 and B-2 zoning districts.  It also relaxes the re-construction restrictions imposed on legal, non-conforming structures that are damaged by fire or other disasters. 

    Hockett moved, second by Riessen, to approve the ordinance but delete Section 2.1, which states no residential structure shall be permitted in a “B-1”.  Lees objected to the deletion stating she believed there should not be residences in a Business District.  Roll call:  Ayes:  Hockett, Pilger.  Nays:  Riessen, Johnson, Lees.  Motion failed.

    Lees moved, second by Riessen, to refer the ordinance to Planning and Zoning to consider amending the ordinance stating if a residence is in a business district it would need to be upstairs from a business on the ground floor.  Voice vote.  Pilger, Johnson and Hockett voted nay.  Lees and Riessen voted aye.  Motion denied.

    Riessen moved to refer the ordinance back to Planning and Zoning.  The motion died for lack of a second.

    Johnson moved, second by Lees, to approve the consideration of the ordinance as written.  Roll call.  Ayes:  Johnson, Lees, Riessen.  Nays:  Hockett, Pilger.  Motion approved.

    Consider Ordinance on 2nd Reading – Zoning Code Amendment (rezoning W. Agency Road & S. Gear Ave.) – Lees moved, second by Johnson, to approve the second reading of an ordinance rezoning certain properties located on West Agency Road and South Gear Avenue from I-2 (General Industrial) to B-2 (General Business).  Roll call:  Lees, Pilger, Riessen, Johnson, Hockett.  Motion carried.

    Consider Ordinance on 2nd Reading – Zoning Code Amendment (rezoning Sterzing & Powell properties--E. Agency) – Hockett moved, second by Lees, to approve the second reading of an ordinance rezoning the Sterzing and Powell properties located on E. Agency from A-1 (Agricultural District) to B-2 (Business District).  Roll call.  Ayes:  Lees, Pilger, Hockett, Riessen, Johnson.  Motion carried.

    Consider Fireworks Ordinance on 1st Reading – Mayor Trousil said Police Chief Walters asked him to inform the Council that he has learned of a county regulation which prohibits the possession of fireworks.  He says that the City Council does not need to adopt its own ordinance.   He suggested the Council let the matter dies. 

    Hockett moved, second by Johnson, to allow the Fireworks Ordinance to die.  Voice vote.  All aye except Riessen who voted nay.  Motion approved.

    COMMITTEE REPORTS:

    UTILITIES – Administrator Plyman said it is necessary to replace a valve at the water plant.  He said it is a very important valve when the tower is off line being painted.  The cost to replace is approximately $2,000.  The purchase will appear on the next claims list.

    PUBLIC SAFETY – Chief Walters said the camera in the squad car will be up and running tomorrow.

    Fire Chief Astfalk said he is talking to contractors about the cost of redoing the roof at the Fire Station.

    FINANCE – The Council agreed to set a Work Session for Tuesday, May 18, at 7:00 p.m. to discuss the Budget Amendment, Non-Union Salaries and other benefits and possibly meet with Planning and Zoning. 

    STREETS – Johnson stated that both the Washington Road and Mt. Pleasant Frontage Road Projects are in progress. 

    SANITATION – There was nothing to report.

    Optimist Club Proclamation – Youth Appreciation Week – Mayor Trousil proclaimed the week of May 23 as Small Business Week in the City of West Burlington and May 9-15 as School Board Member Recognition Week.  

    ADJOURN:  There being no further business the meeting adjourned at 8:52 p.m. upon motion by Riessen and second by Lees..  Voice vote.  All aye.  Motion carried.

     

                                                                                                                           

    Approved                                                          Terrie L. Simonson, City Clerk

     

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