Regular Council Meeting September 14, 1999 - 7:00 P.M.  The West Burlington City Council met in Regular Session at 122 Broadway Street with Mayor Trousil presiding.  Council Members Lees, Johnson, Hockett, Riessen and Pilger were present.  City Administrator Plyman, Building Inspector Hoy, Fire Chief Astfalk and Public Works Director Christy were also present.    Riessen moved, second by Hockett, to approve the Agenda with the following amendments: 1. Pull Board of Adjustment Minutes; 2. Add Cigarette Permit for Stackers; 3. Consider Sending the TIF Amendment to Planning and Zoning.  Voice vote.  All aye.  Motion carried.

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

    A.       Minutes Regular Council Meeting August 24, 1999

    B.        Financial Report for August, 1999

    C.        Training for Police Officer Bonar to Street Survival School in Minneapolis

    D.       Training for Utility Billing Clerk and City Accountant in Ames

    E.        Training for Assistant Public Works Director for Water Treatment Fundamentals

    F.        Payment to Advanced Drainage Systems for Water Department Supplies - $1,868.27

    G.        Payment to Burlington Municipal Waterworks for August Water - $11,958.95

    H.       Payment to City of Burlington for County Wide Communications - $2,285.28

    I.          Repair to Dump Truck - $1,446.00

    J.         Taxi License for ASAP Cab Co., Reliable Cab Co., and Speedy Cab Co.

    K.       Rebuilding Motor at West Lift Station  - $1,580.02

    L.        Payment of Claims as Presented

    BID OPENING FOR PLEASANT MEADOW SUBDIV. LOTS - AWARD TO HIGHEST  BIDDER

    Mayor Trousil announced Richard Broeg had bid on a lot at the last Council Meeting.  It was not determined until after the meeting that he had put the wrong lot number on his bid.  Mr. Broeg submitted a new bid.  Hockett moved, second by Riessen, to approve the bid of Richard Broeg for Lot #7 in the Pleasant Meadow Subdivision in the amount of $12,500.  Voice vote.  All aye.  Motion carried.

    PUBLIC HEARINGS:

    Consider Rezoning from I-2 (General Industrial) to B-2 (General Business) Certain Properties along E. Agency and Derek Lincoln Drive – Mayor Trousil explained the Planning and Zoning Commission has returned two zoning issues to the Council for re-hearing and re-consideration.  The first involves re-zoning property along Agency Road and Derek Lincoln Drive from I-2 to B-2.  There were no comments.  The Public Hearing was closed.

    Consider Amending the Zoning Code to Allow a Body Shop in a B-2 (General Business District) as an

    Accessory Use – Mayor Trousil explained the second issue involves amending the zoning code to allow automotive body shops to operate as accessory uses to automobile dealerships in B-2 districts.  There were no comments.  The Public Hearing was closed.

    NEW BUSINESS:

    Consider Board of Zoning Adjustment Minutes for September 9, 1999 – Mayor Trousil explained the Board of Adjustment heard a request from Richard Broeg concerning the property at 214 Prairie Street.  Mr. Broeg built a house at that location and also constructed a garage.  He connected the two with a breezeway.  When he connected the two he violated the setback requirements. 

    Mr. and Mrs. Broeg were in attendance.  They said he did not realize his code violation until the project was near completion.  He asked the Board to grant a fourteen-foot variance to the required thirty-five foot rear yard setback.   The Board denied his request. 

    According to the Code, no action of the Board of Adjustment shall become effective until the Council reviews it provided such review occurs within thirty days of such action.   Mayor Trousil said he doesn’t want to direct staff to have the breezeway removed.  He said the Council should possibly look at changing the code to allow such construction.  He said the code is antiquated and may need to be updated.  Administrator Plyman will prepare an ordinance amendment for consideration at the next Council Meeting. 

    After considerable discussion Hockett moved, second by Lees, to approve the minutes of the September 9th Board of Zoning Adjustment.  Voice vote.  All aye.  Motion carried.

    Mr. Broeg will pay double the building permit fee for the breezeway he constructed without a permit. 

    Consider Ordinance Rezoning Certain Properties along E. Agency and Derek Lincoln Drive from I-2 to B-2 – First Reading – Hockett moved, second by Riessen, to approve the first consideration of an ordinance amending the zoning map by rezoning certain properties along E. Agency and Derek Lincoln Drive from I-2 to B-2.  Roll call.  Ayes:  Lees, Hockett, Riessen, Johnson and Pilger.  Nays:  None.  Motion carried.

    Consider Ordinance Allowing a Body Shop in a B-2 District as an Accessory Use – First Reading – Lees moved, second by Riessen, to approve the first consideration of an ordinance amending the zoning map by allowing a body shop in a B-2 as an accessory use.  Roll call.  Ayes:  Hockett, Riessen, Hockett, Johnson and Pilger.  Nays:  None.  Motion carried.

    Council Member Johnson suggested including a requirement that vehicles waiting to be repaired should be enclosed in a screened area.  This will be added for the next consideration.    

    Consider Resolution to Recall a Water Revenue Bond – Administrator Plyman explained the City currently has an outstanding water revenue bond that has a principal balance of $466,810 and carries an interest rate of five percent per year.  The City issued this bond in 1980 to pay for water plant and distribution system improvements.  The Bond is scheduled to be repaid in the year 2019.  Staff is recommending that the City recall this bond by paying it off in its entirety.  The source of funds for the recall is the available sinking fund and water revenue surplus from last year and anticipated surplus for this year. 

    Hockett moved, second by Pilger, to approve a resolution recalling the 1980 Water Revenue Bond.  The total payment is $471,798.01.  Roll call.  Ayes:  Hockett, Riessen, Lees, Pilger, and Johnson.  Nays:  None.  Motion carried.

    Consider Payment to Shive-Hattery for Traffic Engineer and Street Design Services – Hockett moved, second by Pilger, to approve payment of $10,388 to Shive-Hattery for traffic engineer and street design services.  Voice vote.  All aye.  Motion carried.

    Consider Change Order for the Gear Avenue Widening Project - Amendment #4 to Shive-Hattery Engineering Agreement and - Authorizing City Administrator to Seek Contribution from BMC to Fund Change Order – Administrator Plyman explained BMC enlarged its campus by purchasing a 20-acre parcel to the south.  The hospital is relocating its new main entrance south approximately 200 feet.  This relocation will cause us to extend the two additional lanes by this distance.  This will require a change order in the amount of $107,193.11.  It is less than originally estimated because the city will be able to use new storm sewers that BMC just installed.  Plyman said the City will also need to approve an amendment to the engineering agreement.  Shive-Hattery submitted a quote in the amount of $14,400. 

    Plyman informed Steve Leavitt of BMC to expect a request from the City to help fund this change-order.  Mr. Leavitt said the hospital has budgeted monies to fund turn lanes on Gear. 

    After consideration Lees moved, second by Hockett, to approve the Change Order for the Gear Avenue Widening Project in the amount of $107,193; approve the amendment #4 to the Shive-Hattery engineering agreement in the amount not-to-exceed $14,300; and to authorize the City Administrator to seek contribution from BMC to help fund this change order.   Voice vote.  All aye.  Motion carried.

    Consider Agreement with Beik Engineering for Tier II Assessment – Administrator Plyman explained Beik Engineering is conducting a Tier II Assessment at 701 E. Mt. Pleasant Street to determine the extent of underground contamination at this location.  The first phase of this study determined the need for two additional monitoring wells. 

    Lees moved, second by Johnson, to approve an agreement with Beik Engineering for additional Tier II Assessment monitoring wells pending approval for reimbursement from the state.  Voice vote.  All aye.  Motion carried.

    Set Date for Fall Clean-Up – Hockett moved, second by Pilger, to set the dates for Fall Clean-up for Monday, October 4 for Broadway Street and east, and Monday, October 11 for everything west of Broadway.  Voice vote.  All aye.  Motion carried.

    OLD BUSINESS:

    Consider Ordinance Amending the Municipal Code Concerning Stop Signs – Third Reading – Hockett moved, second by Pilger, to approve the third consideration of an ordinance amending Chapter 75 of the Municipal Code requiring vehicles traveling on West Burlington Avenue to stop at Van Weiss Blvd. and removing the “School Stop” at the intersection of West Burlington Avenue and Huston.  Roll call.  Ayes:  Hockett, Pilger and Riessen.  Nays:  Johnson and Lees.  Motion carried. 

    Johnson and Lees said they feel the stop sign would serve a better purpose if it were placed at Huston and Pennington.  They said in their observations more school kids cross there than at Van Weiss.  Administrator Plyman was instructed to have traffic counts conducted at Huston Street.      

    COMMITTEE REPORTS:

    STREETS – Johnson reported that the sealcoat project should be completed tomorrow.  He also said Big Apple Bagel Restaurant completed their parking lot as planned.  

    SANITATION – Plyman said Maid-Rite is considering buying a lot in the Flint Ridge Business Park.  He said if they do we will need to extend the sanitary sewer to them. 

    UTILITIES – Plyman said the water tower is drained.  The Contractor is scheduled to begin painting on Thursday. 

    Plyman also said U. S. West is planning to install 2200 feet of phone line along Agency to serve the new hospital.  He said, according to the Municipal Code they must pay a .10 per foot fee for new installation.  He doesn’t anticipate they will be willing to pay the fee.  He said he will be talking to them this week to discuss the issue and will be coming back to the Council possibly at the next meeting to discuss what action to take. 

    PUBLIC SAFETY – Council Member Lees said the Neighborhood Watch Picnic did not enjoy as many participants as desired.  She said the day was cool and rainy.  She did not have the exact figures. 

    Mayor Trousil said the check from the Ryan’s arrived this week.  They are donating a thermal imaging camera for use by the Fire Department.  Chief Astfalk was instructed to get quotes for the Thermal Imaging Equipment before purchasing. 

    FINANCE – There was nothing to report.

    CITIZEN’S INQUIRIES:  There were none.

    ADJOURN – There being no further business the meeting adjourned at 9:19 p.m. upon motion by Lees and second by Johnson.  Voice vote.  All aye.  Motion carried.

     

                                                                                                                                                               

    Approved                                                                      Terrie L. Simonson, City Clerk

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