Regular Council Meeting May 25, 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, Public Works Director Christy, Building Inspector Hoy and Fire Chief Astfalk were also present.   Riessen moved, second by Hockett, to approve the Tentative Agenda as presented.  Voice vote.  All aye.  Motion carried.

    Lees moved, second by Riessen, to approve the following Consent Agenda items:

    A.       Minutes Regular Council Meeting May 11, 1999

    B.        Minutes of Special Council Meeting May 18, 1999

    C.        Renewal of Class C Beer Permit – Casey’s General Store

    D.       Sunday Sales Privilege  Class C Beer – Casey’s General Store

    E.        Payment for Weed Control at Sewer Plant -- $1,295

    F.        Payment to Municipal Supply for Miscellaneous Water Main Supplies -- $1,696.30

    G.        Water Workshop for two Public Works Employees

    H.       Sending Police Chief to International Police Chiefs Assn. Conference

    I.          Payment to Loeschen & Loeschen -- $1,025

    J.         Annual Payment to Southeast Iowa Regional Planning Commission -- $1,446.01

    K.       Annual Payment to Des Moines County Emergency Management Agency -- $3,909

    L.        Payment of Claims as Presented

    PUBLIC HEARINGS:  Public Hearing on FY99 Budget Amendment at 6:00 p.m. – Mayor Trousil opened the Public Hearing on amending the FY99 Budget.  He explained the City needs to amend the budget before the end of May to account for cost over-runs in individual operating accounts and for unbudgeted capital projects.  The amendment totals $1,121,130.  The amendment is being funded by reimbursements (BMC & IAAP), local option sales taxes, unanticipated revenues and fund reserves.  There were no comments from the Council or from the public.  The Public Hearing was closed.

    Consider Resolution Amending Budget for FY1999 – Lees moved, second by Riessen, to approve Resolution No. 99-16 amending the Budget for FY 1999.  Roll call.  Ayes: Lees, Pilger, Johnson, Hockett, Riessen.  Nays:  None.  Motion carried.

    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:

    Approve Budget for Southeast Iowa Regional Airport Authority – Johnson moved, second by Riessen, to approve the FY2000 Budget and five-year CIP for the Southeast Iowa Regional Airport Authority.  Voice vote.  All aye.  Motion carried.  This annual payment is paid from Local Option Sales Tax Funds.  The Council Members agreed they would like to meet with representatives of the Airport some time this summer to discuss future plans. 

    Approve Payment to Heuer Construction for N. Washington Rd. reconstruction -- $59,091 – Hockett moved, second by Pilger, to approve payment of $59,091 to Heuer Construction for the N. Washington Road paving project.  Voice vote.  All aye.  Motion carried.

    Consider 4th Pay Request from Shipley Contracting for Division St. Extension Project -- $3,918.75 – Lees moved, second by Hockett, to approve the 4th Pay Request from Shipley Contracting Corporation in the amount of $3,918.75 for the Division Street Extension Project.  Voice vote.  All aye.  Motion carried.

    Request for Donation for High School Weightlifting Room Summer Program – Mayor Trousil explained the City received a request from Bill Nelson and Barb Carter, two High School Teachers, requesting a donation to their summer weight lifting program.  They explained they do most of the opening and supervision and will be busy this summer with coaching.  They would like to compensate a qualified adult to supervise and instruct the athletes this summer on a set time schedule. 

    After discussion the Council Members agreed this would be a good cause for a school fundraiser.  While they agreed it was a good cause, they were concerned making a donation for this cause could open floodgates for more donations.  Hockett moved, second by Lees, to deny the request for a donation for High School Weightlifting Room Summer Program.  Voice vote.  All aye.  Motion carried. 

    Consider Resolution Setting Salaries for Non-union Personnel – Lees moved, second by Riessen, to table this Resolution until the next Council Meeting.  Voice vote.  All aye.  Motion carried.

    Swimming Pool Vending Machine Agreement – Mayor Trousil explained two proposals were received for vending services at the Swimming Pool.  Those proposals came from Burlington Tom’s Sales, Ltd. and from Automatic Vending.  Burlington Tom’s said they would guarantee a commission of $80.00 per week and Automatic Vending guaranteed $350.00 per month. 

    Hockett moved, second by Lees, to accept the proposal from Automatic Vending to provide vending services at the Swimming Pool this summer.  Voice vote.  All aye.  Motion carried.

    OLD BUSINESS:

    Consider Ordinance on 3rd Reading – Adoption of Municipal Code of Ordinances – Hockett moved, second by Johnson, to approve the third and final reading of the Ordinance adopting the Municipal Code of Ordinances.  Roll call.  Ayes:  Lees, Pilger, Hockett, Riessen, Johnson.  Nays:  None.  Motion carried.

    Consider Ordinance on 3rd Reading – Zoning Code Amendment (outlawing residences in business districts) – This ordinance makes two different types of changes to the Zoning Code.  It prohibits all residential uses in B-1 and B-2 zoning districts.  It also relaxes the reconstruction restrictions imposed on legal, non-conforming structures that are damaged by fire or other disasters.  (This ordinance generated considerable discussion at the two previous readings.)  

    Hockett moved, second by Pilger, to deny the third reading of an ordinance amending the zoning code by outlawing residences in business districts, and to send the ordinance back to the Planning and Zoning Commission for consideration.  Roll call.  Ayes:  Lees, Pilger, Hockett, Riessen, Johnson.  Nays:  None.  Motion carried.

    Consider Ordinance on 3rd Reading – Zoning Code Amendment (rezoning W. Agency Road & S. Gear Ave.) – Hockett moved, second by Johnson, to approve the third and final 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.  Ayes:  Lees, Johnson, Pilger, Riessen, Hockett.  Nays:  None.  Motion carried.

    Consider Ordinance on 3rd Reading – Zoning Code Amendment (rezoning Sterzing & Powell properties--E. Agency) – Hockett moved, second by Riessen, to approve the third and final 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:  Pilger, Johnson, Lees, Riessen, Hockett.  Nays:  None.  Motion carried. 

    COMMITTEE REPORTS:

    UTILITIES – Mayor Trousil said Southeastern Community College may be interested in having their logo painted on the water tower.  They are obtaining costs.  Plyman said the City may want to just paint our own logo.  He said if we are going to consider it as a revenue stream we would need to determine the cost and consider how to charge.  It is strictly a Council decision.  No decision was made at this time.

    PUBLIC SAFETY – Police Chief Walters reminded the Council the COPS Fast Grant is extended to July 15.  We need to contact BMC to get a job description of what they will want for security when they open.  Plyman will obtain the necessary information and place the topic on the next Council agenda. 

    Chief Walters said he is conducting interviews on Saturday, May 29.  He invited the Council Members to participate if they can.

    FINANCE – Administrator Plyman said we are working on details to consider paying off the Water Revenue Bond this year.  More information will be provided later.

     STREETS – Administrator Plyman said he has discussed with the engineers the possibility of combining the Gear Avenue Project with the Broadway/Agency Road Project to attempt to get better prices.  He is expecting information from the engineers on the cost to combine.  Plans and Specifications for the project will probably be presented at the next meeting.   

    SANITATION – There was nothing to report.

    PUBLIC HEARING: Proposed Sign Ordinance – Mayor Trousil opened the Public Hearing on the Proposed Sign Ordinance.  He asked for comments from the public.  Sheila Crowner, representing ReMax Realtors, told the Council their signs are bigger than the proposed ordinance allows.  She asked that they relax that restriction.  She also pointed out conflicting figures for sign ‘set backs’ which will need to be addressed. 

    Rod Crowner and Jamie Dochterman representing the Auction Barn questioned what they called the ‘unfair’ regulations for temporary versus permanent signs.  They said the Auction Barn is a permanent West Burlington business with regular Wednesday night sales, they said that they should not be banned from using the same type of temporary auction signs that companies from outside the City have traditionally used.  Council Members agreed that all business should be treated fairly.  However, they differed on what kind of signs should be permitted and where they should be placed.  Johnson was not opposed to temporary signs being allowed ‘one day at a time.’  Hockett said this could be abused by changing the message or location on a daily basis. 

    Mayor Trousil said the main issue is that no one should be placing temporary signs on City right-of-way.  He said the City could be held responsible for signs that block drivers’ visibility or stakes driven into the ground through expensive telephone lines or fiber optics cable.  The Public Hearing was closed. 

    Consider Ordinance on 1st Reading – Regulating Signs in the City of West Burlington – Hockett moved, second by Pilger, to table the first reading of an ordinance regulating signs in the City.  Voice vote.  All aye.  Motion carried.

    ADJOURN: There being no further business the meeting adjourned at 7:20 p.m. upon motion by Pilger and second by Johnson.  Voice vote.  All aye.  Motion carried.

     

                                                                                                                           

    Approved                                                          Terrie L. Simonson, City Clerk

     

    Back to Minutes