Regular Council Meeting June 27, 2000 - 7:00 P.M.   The West Burlington City Council met in Regular Session at 122 Broadway Street with Mayor Trousil presiding.  Council Members Lees, Hockett, Pilger, Johnson and Crowner were present.  Building Inspector Hoy, City Accountant Sattler and Billing Clerk Fry were present.   Hockett moved, second by Pilger, to approve the Agenda as presented.    Voice vote.  All ayes.  Motion carried. 

    Hockett moved, second by Pilger, to approve the following Consent Agenda items.  Voice vote.  All aye.

    1. Approve Minutes Regular Council Meeting June 13, 2000
    2. Approve Cigarette Permits for Various Business Establishments
    3. Approve Payment to Sunset Transmission for Truck Repair - $1,358.20
    4. Approve Beer Permit Renewal for Hagerla’s Market
    5. Approve Outdoor Service Application for Liquor License for Wedding Elegance Inc.
    6. Approve Payment to Zimmer & Francescon, Inc. for Raider’s Water Line - $3,546.00
    7. Approve Payment to Nickol Boring Inc. for SCC Dormitory Water Line - $5,200.00
    8. Approve Resignation of Public Works Director Bob Christy
    9. Approve Consider Contribution to Burlington Public Library - $15,000.00
    10. Approve Payment of Dues to Southeast Iowa Regional Planning Commission - $1,449.01
    11. Approve Appropriated Bonus for Police Sergeant Frank Newberry
    12. Approve Payment of Claims as Presented.

    PUBLIC HEARING – Consider Rezoning property located at 4117 W. Mt. Pleasant Street from I-1 (Limited Industrial) to I-2 (General Industrial) District  - Mayor Trousil opened the Public Hearing for rezoning the property located at 4117 W. Mt. Pleasant Street from I-1 to I-2.  Hockett asked the difference between the two.   Kelly Fry representing the Planning and Zoning Commission noted that I-1 was more restrictive that I-2.  She said the owner of the property, Rod Wittkamp, stated at the Planning and Zoning Meeting that the type of business he intends to start there will fit better in I-2 than I-1.  There were no other comments.  The Public Hearing was closed. 

    1.  Consider First Reading of Ordinance Rezoning Property Located at 4117 W. Mt. Pleasant Street from I-1 (Limited Industrial) to I-2 (General Industrial) District – Lees moved, second by Pilger, to approve the first reading of an ordinance rezoning property located at 4117 W. Mt. Pleasant Street from I-1 to I-2.  Roll call.  All ayes.  Motion carried.

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

    Mayor Trousil announced one bid had been received for Pleasant Meadow Subdivision.  Mary Lou Johnson bid $12,500 for Lot #9.  Her bid was accompanied by a check in the amount of $1,250.  Lees moved, second by Hockett, to accept the bid of Mary Lou Johnson in the amount of $12,500 for Lot #9 in the Pleasant Meadow Subdivision.  Voice vote.  All ayes.  Motion carried.

    CITIZEN’S INQUIRIES:

    Steve Swafford told the Council the dust from Raider’s and the noise from their operation as early as 4:30 in the morning is becoming a great nuisance to his family.  He said the Raider business is preventing him from enjoying his property.  He suggested the Council set hours during which heavy equipment cannot be used.  He asked the Council for compassion concerning his problem with the industrial operation.  Mr. Swafford said he had talked with Colin Wagenbach who told him he would look into the situation. 

    Mark Zlomke, who is developing the housing subdivision on Washington Road that will border the Raider property, told Mr. Swafford they are moving trees to form a noise buffer between the two properties.  He said this might work for them.  Swafford said Raider’s had talked about a berm with trees on top. 

    Mayor Trousil said the City cannot guarantee any results, but that City Administrator Mandsager will set up a meeting with the Raider people and discuss the problem. 

    Consider Approving Preliminary and Final Plat for Emerald Glen Subdivision – Lees moved, second by Johnson, to approve the Preliminary and Final Plat for the Emerald Glen Subdivision.  Roll call.  Ayes:  Lees, Hockett, Crowner, Pilger and Johnson.  Nays:  None.  Motion carried.

    Receive Report From Shive-Hattery on Intersection Improvements at Mt. Pleasant Street and Gear Avenue – Bill Cary – Bill Cary with Shive-Hattery Engineers told the Council he is working on a plan to signalize the intersection of Gear and Mt. Pleasant Street.  He will have a final report to present to them on July 25.  He said the intersection did not initially meet the warrants required by the state but more accidents are occurring there and it now meets the warrants.  He said he does have inherent concerns about the operation of the intersection concerning peak hours versus not peak hours.  He will address this at the Regular Council Meeting on July 25th. 

    Receive Report from Stineman Associates for Improvements in Longmeadow Park – Mike Stineman -

    Mike Stineman told the Council he has been looking at shelter houses for Longmeadow Park.  They range from $8,700 and $14,750 plus $500 for shipping.  This cost assumes City Public Works will install.  The Council told Mr. Stineman they want him to be more specific with his recommendations.  He will go through his catalogues and present them with specific recommendations. 

    NEW BUSINESS:

    Consider Purchase of Welder for Public Works – Public Works Director Christy obtained quotes from three companies for the purchase of the welder.  Lees moved, second by Crowner, to approve the purchase of a welder for the Public Works department from Praxair Distribution Inc. in the amount of $1,986.57.  Voice vote.  All ayes.  Motion carried.  Council Member Pilger noted the Praxair Distribution Inc. quote did not include the same thing that the others did.  He suggested confirming the quote before making the final purchase.

    Consider Payment to Southeast Iowa Narcotics Task Force for Overtime – Administrator Mandsager explained the City of West Burlington is responsible for 15% of the 25% grant match of the combined total wages and benefits for the Southeast Iowa Narcotics Task Force Grant.  He said in accordance with the agreement the City owes $5,057.07.  When the bill was submitted to the City it also included a request from Pat Jackson, SEINT chair for $5,910.46 in additional overtime. 

    Mr. Mandsager said two issues that have arisen with respect to overtime.  First, who may authorize overtime and second how should we account for this years’ overtime.  He said the chief sheriff’s deputy currently authorizes overtime.  He said this places a person with no information on the West Burlington budget and no direction from our chief in charge of overtime.  He said our chief should authorize overtime and/or perhaps a limit needs to be established at budget time that SEINT is fully aware of.  He suggested to handle the situation of overtime already incurred; the City should pay 15% of the total overtime for SEINT and take the difference from forfeited accounts. 

    Johnson moved, second by Hockett, to approve payment to the Narcotics Task Force for 15% of the total overtime for the Southeast Iowa Narcotics Task Force.  Voice vote.  All ayes.  Motion carried.

    Consider Pay Request for Shipley Contracting for 1999 Gear Avenue Widening - $36,545.65 Lees moved, second by Johnson, to approve pay request #4 in the amount of $36,545.65 to Shipley Contracting Company for work performed on the 1999 Gear Avenue and Signalization Project.  Voice vote.  All ayes.  Motion carried.

    Consider Pay Request for Carl A. Nelson for Wastewater Treatment Improvements - $170,903.17 –Lees moved, second by Pilger, to approve Pay Request # 2 in the amount of $170,903.17 to Carl A. Nelson Company for work performed on the Wastewater Treatment Plant Improvements.  Voice vote.  All ayes.  Motion carried.

    Consider Pay Request for Shipley Contracting for Washington Road/Van Weiss St. Project - $78,950.02 –Johnson moved, second by Pilger, to approve payment in the amount of $78,950.02 to Shipley Contracting Corporation for work performed on the Van Weiss and Washington Resurfacing Project.  Voice vote.  All ayes.  Motion carried.

    Consider Purchase of Two Computers for Police Department – Johnson moved, second by Crowner, to approve the purchase of two computers for the Police Department in the amount of $2,568.00 plus freight.  This was a budgeted expense for Fiscal Year 2001.  Voice vote.  All ayes.  Motion carried.

    Consider Sponsorship for Burlington International Games – Mayor Trousil explained the City received a request for funding from Burlington International Games.  The purpose of the organization is to send area youth to Burlington, Ontario on July 28-31, 2000, for a chance to compete in the 32nd Annual Burlington International Games.  The games are a joint venture between the City of Burlington and its citizens to promote good will and sportsmanship between Burlington Ontario, Burlington Vermont, Itabashi Japan, Longeuil Quebec, and Myrtle Beach South Carolina. 

    Crowner moved that the City sponsor the Burlington International Games in the amount of $1,000 and become a team sponsor.  The motion died for lack of a second. 

    Mayor Trousil encouraged the Council to support local kids.  He said the City does not support any functions involving kids other than post prom party.  Council Members Hockett and Pilger said they felt this is not a good use of taxes.  They said in their opinion donations of this type should come from individual donations rather than from the City. 

    After consideration Johnson moved, second by Crowner, to sponsor the Burlington International Games in the amount of $500 and become a team sponsor.  Voice vote.  All ayes except Hockett and Pilger who voted nay.    Motion carried.

    Consider Contribution to HOSA Students Fund Raiser – The Council said they needed additional information in order to consider this donation. 

    Consider Appointment of City Administrator to Southeast Iowa Solid Waste Commission – Hockett moved, second by Johnson, to approve the appointment of Gregg Mandsager to the Des Moines County Regional Solid Waste Commission.  Voice vote.  All ayes.  Motion carried.

    Consider Ordinance Concerning Standard Penalties for Simple Misdemeanors – City Clerk Simonson explained Iowa Code Section 364.3(2) was recently amended to allow a penalty not to exceed two hundred dollars for the violation of an ordinance.  Previously the penalty could not exceed one hundred dollars.  An Ordinance amending allowing for the higher penalty was presented to the Council for consideration.

    Hockett moved, second by Lees, to approve the first reading of an ordinance concerning Standard Penalties for Simple Misdemeanors.  Roll call.  Ayes:  Lees, Hockett, Crowner, Pilger and Johnson.  Nays:  None.  Motion carried.

    Consider Request to Keep Horses Within City Limits – Cathy and Cindy Johnson said City Code restricts horses in the City Limits unless approved by Council.  They live at the corner of Mt. Pleasant Street and Gear Avenue in a B-2 district.  Industrial districts border their property.  Horses are kept on the property to the east of them.  They have discussed the horses with their neighbors and no one objects.    

    After consideration Crowner moved, second by Lees, to authorize Cathy and Cindy Johnson to keep horses on their property as outlined in their application.  Voice vote.  All ayes except Johnson who abstained.  The Johnson girls are his daughters.  Motion carried.

    OLD BUSINESS:

    Consider Installation of Exterior Lights at Flint Ridge Industrial Park and on Agency Road – At the last Council Meeting, Council Members asked Alliant Energy to submit another bid to install lights in the Flint Ridge Business Park.  The Council had previously considered installing six lights in the park, two on Broadway and four on Division.  Later then considered only three.  Then after considering the cost per light they asked Alliant to submit another bid for all six.  

    After consideration Hockett moved, second by Pilger, to approve the installation of six (6) galvanized direct burial, 8’ arm, and light poles for a cost of $15,633.00.  Voice vote.  All ayes.  Motion carried.

    Consider Cellular Phone Plans – City Accountant Sattler said she had nothing new to report on cellular phone plans.  She said she should have something to report at the next Council Meeting. 

    COMMITTEE REPORTS:

    UTILITIES – There was nothing to report.

    PUBLIC SAFETY- Administrator Mandsager said Police Reserve Bergtholt has been hired by the Iowa State Patrol.  She will be leaving the reserve unit.

    FINANCE – There was nothing to report.

    STREETS  - Council Member Lees said the newly planted trees in Longmeadow Park need to be watered on a regular basis.

    SANITATION – There was nothing to report.

    CITIZEN’S INQUIRIES: Steve Swafford told the Council he does not like to complain, but again asked the City to do something about his situation with the Raider business.  He said their business practice is causing problems. 

    CLOSED SESSION – Chapter 21.5(j) To discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property – Lees moved, second by Johnson, to go into Closed Session.  Roll call.  Ayes:  Lees, Crowner, Johnson, Pilger and Hockett.  Nays:  None.  Motion carried. 

    The Council came out of Closed Session at 10:08 p.m.  No action was taken.

     ADJOURN – There being no further business the meeting adjourned at 10:09 p.m. upon motion by Lees and second by Crowner.  Voice vote.  All aye.  Motion carried.

     

     

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    Approved                                                                         Terrie L. Simonson, City Clerk

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