Regular Council Meeting September 28, 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 and Riessen were present.  Pilger was absent.  City Administrator Plyman, Building Inspector Hoy, Police Chief Walters and Public Works Director Christy were also present.    Riessen moved, second by Johnson, to approve the Agenda as approved. Voice vote.  All aye.  Motion carried.  

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

    A.       Minutes Regular Council Meeting September 14, 1999

    B.        Payment to Alexis Fire Equipment for Truck Repair - $1,990.07

    C.        Training for City Accountant – Wage and Hour Law Update Seminar

    D.       Training for Police Officer Ervine – Iowa Law Enforcement Academy

    E.        Payment of Claims as Presented

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

    Mayor Trousil announced there were no bids received.

    NEW BUSINESS:

    Discuss Master Park Plan – Michael Stineman, who the City hired a few months ago discussed with the Council, a master plan for the City’s three parks.  The Council will review and possibly make changes to the draft plan before opening it up to the community.  The Council will hold a Town Meeting and invite representatives from the school board, PTA, Little League, and Planning & Zoning Commission as well as other interested citizens to participate in reviewing the draft plan and suggest changes. 

    Consider Ordinance Amending Municipal Code Concerning Penalties and Parking Violations – Riessen moved, second by Lees, to approve the first reading of an ordinance amending Section 1.10 concerning standard penalties and Section 80.03 concerning parking violations: alternate.  Roll call.  Ayes:  Lees, Johnson, Hockett, Riessen.  Nay:  None.  Motion carried.  The ordinance brings the Municipal Code in accord with State Code.  A copy of the ordinance will be sent to the City Attorney for his review. 

    Consider Approval of Street Finance Report –Lees moved, second by Hockett, to approve the Street Finance Report for Fiscal Year 1999.  Roll call.  Ayes:  Lees, Pilger, Riessen, Hockett, and Johnson.  Nays:  None.

    Consider Approval of Preliminary Plat and Final Plat for Reeds Subdivision – Hockett moved, second by Riessen, to approve the Preliminary Plan and Final Plat for Reeds Subdivision.  The subdivision is located on W. Mt. Pleasant Street and involves splitting his property into three lots.  The lots will have access to W. Mt. Pleasant Street and to Washington Road by a private drive.  Future owners of Lots #2 and #3 shall provide a private drive in the easement at the west edge of the property.  The drive will extend from Mt. Pleasant Street north to the existing drive from Washington Road, which serves Lot #1. 

    The Chicken’s who own the property provided a letter of credit for improvements to the subdivision.  They believed this was a condition they must meet.  Administrator Plyman said there is no direct street access to the lots except by private drive and there is no danger of the driveway ever becoming a city street.  The Council agreed the letter of credit should be returned to the Chicken’s. 

    Roll call.  Ayes:  Lees, Hockett, Johnson, Pilger, and Riessen.  Nays:  None.  Motion carried.

    Consider Sending Ordinance to P & Z for Rear Yard Setbacks – Administrator Plyman prepared a proposed ordinance, which would amend the zoning code to allow attached garages to meet the same rear yard setback that currently applies to detached garages.  This issue arose when Mr. Broeg constructed a breezeway between a house and a garage in the Pleasant Meadow subdivision, thereby turning the garage into a part of the principal structure on the lot.  The Planning and Zoning Commission needs to hold a public hearing on the ordinance before the Council can formally consider it. 

    Hockett moved, second by Lees, to refer the Planning and Zoning Commission the proposed ordinance amending Section 165.16)(7) of the Municipal code of Ordinances concerning rear yard setback requirements for attached garages in residential districts.  Voice vote.  All aye.  Motion carried.

    Consider Commissioning a Tier II Assessment Study – Plyman explained the Iowa Department of Natural Resources is requiring the City to determine the extent of the contamination caused by leaks from underground fuel tanks at the water plant.  The City removed the tanks about 5 years ago.  Engineer Lewis Beik recommends that the City proceed directly to a Tier II Assessment because of the proximity of a deep well and water mains.

    Hockett moved, second by Johnson, to approve the proposal from Beik Engineering, Inc. to perform a Tier II Assessment at 123 South Gear Avenue for a cost of $6,300.  Voice vote.  All aye.  Motion carried.

    Consider Proceeding with TIF District Consolidation and Expansion – Mayor Trousil explained the Council at the last meeting sent the proposed Urban Renewal Plan amendment to the Planning and Zoning Commission for review and comment.  P & Z met last week and voted unanimously to support the proposal. 

    Mayor Trousil said the next step is for the Council to send copies of the proposed amendment to other taxing entities and to offer to meet with them.  Finally, the Council needs to conduct a public hearing prior to consideration and adoption of the proposed amendment to the Urban Renewal Plans. 

    After discussion Lees moved, second by Hockett, to accept the Planning & Zoning Commission’s report on the proposed consolidation and expansion of the Urban Renewal Areas and to forward the proposal to other taxing entities for review and comment.  Voice vote.  All aye.  Motion carried.

    Hockett moved, second by Lees, to approve a Resolution scheduling a Public Hearing on the proposed amendment for 7 p.m. on October 26, 1999.  Roll call.  Ayes:  Lees, Hockett, Riessen, Johnson, and Pilger.  Nays:  None.  Motion carried.

    OLD BUSINESS:

    Consider Ordinance Rezoning Certain Properties along E. Agency and Derek Lincoln Drive - Second Reading – Lees moved, second by Hockett, to approve the second 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.  Nay:  None.  Motion carried.

    Riessen moved, second by Hockett to waive the third consideration and approve the 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:  Hockett, Riessen, Johnson, Lees and Pilger.  Nay:  None.  Motion carried.

    Consider Ordinance Allowing a Body Shop in a B-2 District as an Accessory Use – Second Reading – Lees moved, second by Hockett, to approve the second consideration of an ordinance amending the zoning map by allowing a body shop in a B-2 as an accessory use provided, the outdoor storage of any wrecked vehicle on the premises be screened from view from any public street and from adjoining properties.  Roll call.  Ayes:  Riessen, Johnson, Lees, Pilger and Hockett.  Nay:  None.  Motion carried.  (A clause stating the storage area will be hard surfaced will be added for the final reading.)

    Consider Approval of Contract with IDOT for Grading Work on Freeway Interchange on Beaverdale Road – Mayor Trousil reported in February the Council decided to offer to pay $60,000 (one half of the estimated $120,000 total cost) to grade the on and off ramps for an interchange at Beaverdale Road.  The County Board agreed to pay the other half.  After these informal commitments, IDOT agreed to prepare the contracts for this project.  He said the proposed contracts seem straightforward and reflects our understanding of our mutual obligations.  The City can use local option sales taxes or Road Use Fund proceeds to fund its share of the project.

    Lees moved, second by Riessen, to authorize the Mayor to execute the proposed agreement with the Iowa Department of Transportation and Des Moines County concerning the grading of the Beaverdale Road Interchange.  Voice vote.  All aye.  Motion carried.

    COMMITTEE REPORTS:

    FINANCE  - City Administrator Plyman reported the FY1999 Audit is complete and he will submit it for Approval at the next Council Meeting.

    STREETS – Mayor Trousil announced City representatives had met with the IDOT concerning the traffic signals at the south location on Gear.  He said additional data has been sent to them concerning the number of accidents that have occurred there in the last 12 months.  He said we hope to hear from them soon concerning their authorization of the placement of the signals.     

    SANITATION – Administrator Plyman said at the September Solid Waste Commission meeting, members approved an annual allocation for member entities for community cleanup projects.  The allocation can be used for any cleanup project approved by each entity.  The City’s allocation is $3,226.

    UTILITIES – There was nothing to report.

    PUBLIC SAFETY- There was nothing to report.

    CITIZEN’S INQUIRIES:  Cheryl Kershner, Hwy. 406 asked the Council when they would be holding a Public Hearing concerning the rezoning of her property.  She said Planning & Zoning held a Public Hearing earlier this month and approved the rezoning and she objects.  She plans to attend the Public Hearing held by the Council and believed it would be at this meeting.  She asked to be notified when the hearing takes place.

    MAYOR’S INQUIRIES:  Mayor Trousil said Governor Vilsack is developing a 2010 strategic plan for Iowa.   He will be assisting the Governor’s office in an outreach effort to prepare local communities for town meetings. The purpose of the meetings is to gather input from Iowans as the Governor’s Strategic Planning Council prepares a blueprint for what Iowa should be in the year 2010.  The meeting will be held at Southeastern Community College on November 1. 

    PROCLAMATION: Mayor Trousil proclaimed September 8 through November 15 as Burlington/West Burlington Area United Way Time and October as Manufacturer’s Month. 

    CITIZEN’S INQUIRIES:  There were none.

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

     

                                                                                                                                                               

    Approved                                                                      Terrie L. Simonson, City Clerk

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