Regular Council Meeting November 9, 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, Pilger and Riessen were present.  City Administrator Plyman, Police Chief Walters and Public Works Director Christy were also present.    Lees moved, second by Pilger, to approve the Agenda with the following amendments: Johnson said the minutes needed to be corrected by stating the water tank was empty when the specifications were developed.  Voice vote.  All aye.  Motion carried.

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

A.      Approve Minutes Regular Council Meeting October 26, 1999 (as amended)

B.       Approve Financial Report for October 1999

C.       Approve Payment to City of Burlington for Water Purchase - $11,447.76

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

E.       Approve Payment to Beik Engineering for Tier II Assessment - $1,166.25

F.       Approve Payment to Shive-Hattery for Engineering Services - $2,061.90

G.      Approve Payment of Claims as Presented

PUBLIC HEARING:

Zoning Map Amendment Concerning Great River Medical Center Site – Mayor Trousil opened the Public Hearing on rezoning property recently purchased by the Great River Medical Center.  The hospital purchased a 20-acre parcel so that it could expand its campus to the south.  This parcel needs to be rezoned from A-1 Agriculture to I-1 Limited Industrial to match the zoning classification on the campus. 

There were no comments received.  The Public Hearing was closed. 

Zoning Code Amendment Concerning Rear Yard Setbacks and Attached Garages – Mayor Trousil opened the Public Hearing on the proposed zoning code amendment to remove the disparate treatment of attached and detached garages relative to the rear lot line.  The code allows detached garages to be constructed closer to the rear lot line than attached garages.  Also, the Planning and Zoning Commission is recommending that the proposed ordinance include a prohibition against constructing any building in any utility easement. 

Lees suggested we should not limit to only garages.  Perhaps we should also include family rooms and patios.  Plyman said the issue is whether our ordinance should distinguish between attached garages and detached garages.  Hockett said this ordinance would encourage additions to homes on smaller lots.   There were no other comments.  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.

Ken Bickner, the engineer with Shive-Hattery who is designing the new sewer treatment plant, told the Council the amount of flow has increased since the original plans were considered.  He said the plans for the treatment plant will have to be changed and it is much simpler to do it now.  He has built in a 30% growth factor.  The Council discussed whether this was enough since the hospital is not open yet. 

After considerable discussion it was decided the Council would take the current numbers add the anticipated hospital numbers and determine if 30% was enough or if it should be increased to 50%.  Bickner said the plant can be built for $850,000.  He said the estimated additional cost of engineering and supervision will be approximately $20,000.  He will present this information to the Council in a report. 

NEW BUSINESS:

Consider Ordinance on First Reading Concerning Rear Yard Setbacks and Attached Garages – Hockett moved, second by Pilger, to approve an ordinance on first consideration amending the zoning code concerning rear yard setbacks and attached garages.  Roll call.  Ayes:  Lees, Riessen, Hockett, Pilger, and Johnson.  Nay:  None.  Motion carried.

Consider Ordinance on First Reading Concerning Great River Medical Center site – Hockett moved, second by Riessen, to approve an ordinance on first consideration amending the zoning map by rezoning from A-1 to I-1 a parcel belonging to Great River Medical Center.  Roll call.  Ayes:  Hockett, Riessen, Lees, Pilger, and Johnson.  Nay:  None.  Motion carried.

Consider Approving Northway Well & Pump Repair Well No. 5 - $10,023.70 – Administrator Plyman explained Well #5 is located on Mt. Pleasant Street east of the freeway interchange.  The City uses the well as an emergency backup supply of water in the event Burlington is unable to provide us with ample water.  The well motor needs to be repaired and some of the column pipe replaced.  If the Council opts not to maintain this well for emergency backup supply, DNR will likely require that it be permanently closed.  It is cheaper, at least in the short run, to maintain the well than to close it. 

Hockett moved, second by Lees, to approve having Northway Well & Pump repair well No. 5 at a cost of $10,023.70.  Voice vote.  All aye.  Motion carried. 

Consider Ambulance Payment to City of Burlington - $5,363.32 – Lees moved, second by Riessen, to approve payment in the amount of $5,363.32 for ambulance service.  Payment for the ambulance service should be made to the City Township Ambulance Association.  Voice vote.  All aye.  Motion carried.

Consider Payment to Electronics Applications for Equipment for Squad Car – Lees moved, second by Hockett, to approve payment of $3,556.13 to Electronic Applications for equipping the new squad car. 

Consider Request for Water Bill Adjustment – Candy Balzer, 417 Swan Street, told the Council by letter that her water meter readings were increasing over the last two years with no increase of usage on her part.  She reported this to City Hall and submitted a deposit to have her meter checked.  It was determined her water meter was running slow and a new meter was installed.  Since the new meter was installed her readings have lowered with no changes in her water usage. 

Balzer said it has been explained to her that the meters don’t run fast, but she believes there was something definitely wrong.  She hired a plumber who checked and found no leaks.  She requested the Council refund the difference of her average water readings versus the obviously large readings for the months of July and August, plus her $25.00 deposit. 

Hockett moved, second by Pilger, to deny the request.  Voice vote.  Hockett, Riessen and Pilger voted aye.  Lees and Johnson voted nay.  Motion carried.  The Council agreed the meter would be sent to the company for accuracy testing.  If something changes the Council will readdress the issue. 

Consider Request for Contribution from West Burlington Fine Arts Booster Club – Hockett moved, second by Lees, to deny the request from the West Burlington Fine Arts Booster Club for a contribution.  Voice vote.  All aye.  Motion carried.  The Council agreed the group is a valuable club and will promote any way possible. 

Consider Resolution Establishing a Tax Increment Revenue Fund and Authorizing Loan – Administrator Plyman explained the Tax Increment Financing fund needs to be in a deficit condition in order to receive TIF revenues.  The City has funded this deficit in two ways.  The first way is to borrow money from another fund, usually the General Fund.  The City has been doing this without charging the TIF fund any interest.  The second way is to incur debt by issuing a general obligation bond. 

The proposed resolution calls for the payment of interest at eight percent per year.  This will cover the City’s losses in interest revenues that would have gone to the general fund.  It is also high enough to cover staff time to administer the debt transactions to and from the TIF fund. 

Lees moved, second by Pilger, to approve a resolution establishing Tax Increment Revenue Fund and Authorizing Loan to that fund.  Roll call.  Ayes:  Lees, Pilger, Hockett, Johnson and Riessen.  Nay:  None.  Motion carried.

OLD BUSINESS:

Consider Ordinance on Third Reading Concerning Increases in Fines for Parking Violations and Simple Misdemeanors – Lees moved, second by Riessen, to approve an ordinance on third reading concerning increases in fines for parking violations and simple misdemeanors.  Roll call.  Ayes:  Lees, Pilger, Riessen, Hockett and Johnson.  Nays:  None.  Motion carried.

Consider Accepting Mt. Pleasant Street Frontage Road Project and Payment of Retainage – Lees moved, second by Hockett, to approve a resolution accepting the Mt. Pleasant Street Frontage Road project and the payment of retainage in the amount of $3,663.23 to Mike Nelson Concrete Paving Co.  Roll call.  Ayes:  Johnson, Lees, Pilger, Riessen and Hockett.  Nays:  None.  Motion carried. 

Set Public Hearing to Consider Zoning Map Amendment – 200 W. Gear Avenue to B-2 General Business

Hockett moved, second by Lees, to approve a resolution setting a public hearing date of November 23, 1999, 7:00 p.m. on the proposed ordinance rezoning 200 S. Gear Avenue to B-2 General Business.  Roll call.  Roll call.  Ayes:  Hockett, Riessen, Johnson, Pilger and Lees.  Nays:  None.  Motion carried.

Consider Payment to Diversified Coatings for Water Tower Painting - $117,847.50 – Lees moved, second by Riessen, to approve payment of $117,847.50 to Diversified Coatings for the water tower repainting project.  Voice vote.  All aye.  Motion carried.

COMMITTEE REPORTS:

SANITATION – Administrator Plyman reported there was a pre-construction meeting on Wednesday for the South Lift Station project.  The project has a completion date of November 30, which he does not expect them to meet.  The City included a penalty clause in the contract if they wish to use.  It is probably $100 per day. 

Plyman also said a new business is going to build in the Flint Ridge Business Park at the intersection of Division and Broadway Street.  The City will need to provide sanitary sewer for that property.  He will present a proposal at the next Council Meeting. 

UTILITIES – Johnson said he just realized our water ordinance requires property owners to be responsible for the maintenance or installation of shut off valves.  He said he thought the City should bear the responsibility of that because the main reason to use the shut off valve is when the City needs to discontinue service for non-payment of a bill.  He asked if we should consider changing the ordinance.  After discussion it was the consensus of the Council Members not to change the ordinance.

PUBLIC SAFETY – Lees said the City just received a notice from the State Fire Marshall’s office stating Open Burning is prohibited in Des Moines County due to dry conditions.  Johnson moved to rescind the no burn order in West Burlington.  The motion died for lack of a second.  Hockett said he did not have a problem with burning as long as it was in the City not in the outlying areas.  After discussion Pilger moved, second by Hockett, not to city the open burning violations on the first offense.  Voice vote.  Lees and Riessen voted nay.  Pilger, Johnson and Hockett voted aye.  Motion carried.   

Lees moved, second by Pilger, to approve having the ladder truck and ground ladders tested for the Fire Department.  The cost is approximately $1,100.  All aye.  Motion carried.

FINANCE – There was nothing to report. 

STREETS – There was nothing to report.

ADJOURN:  There being no further business the meeting adjourned at 8:58 p.m. upon motion by Lees and second by Johnson.  Voice vote.  All aye.  Motion carried.

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