Regular Council meeting November 14, 2000 – 7:00 P.M. The West Burlington City Council met in Regular Session at 122 Broadway Street with mayor Trousil presiding. Council Members Hockett, Crowner, Lees, Pilger and Johnson were present. City Administrator Gregg Mandsager, Public Works Director Randy Fry, and Fire Chief Bill Astfalk were also present. Lees moved, second by Crowner, to approve the Agenda as amended. Voice vote. All ayes. Motion carried.

    Items B, L., and I were pulled from the Consent Agenda and added under Finance. Lees moved, second by Crowner, to approve the Consent Agenda as amended. Voice vote. All ayes. Motion carried.

    A. Minutes Regular Council Meeting October 24, 2000

    B. Minutes for Board of Adjustment for Thomas and Evelyn Kenney - 201 Prairie

    C. Financial Report for October 2000

    D. Payment to Shive-Hattery for Farm King/Mall STP Signal - $1,551.66

    E. Payment to Shive-Hattery for Traffic Data and Signal Timing Plans - $11,441.51

    F. Training for Police Officer Leasch – School Law Updates

    G. Training for City Accountant Sattler – USQL Report Writing

    H. Purchase of Training Ammunition - $1,705 plus shipping

    I. Payment to Loeschen & Loeschen - $1,965.29

    J. Beer Permit Renewal – Westland Fast Break

    K. Additional work to Proceed with Repairs to Compressor on Squad Four

    L. Payment to Midland Equipment for Repairs to Backhoe - $11,594.90

    M. Payment of Claims as Presented.

    PUBLIC HEARING: Consider Rezoning Property Located at 309 S. Gear Avenue from A-1 (Agricultural) to B-2 (General Business) – Mayor Trousil opened the Public Hearing to consider rezoning property located at 309 S. Gear Avenue from A-1 to B-2. He explained Shottenkirk purchased the property at 309 S Gear and the property to the south. The entire property is currently zoned B-2 with the exception of this small piece. Shottenkirk asked that this small piece of property be zoned B-2 to be consistent with the surrounding property. Planning and Zoning approved the request at their October 12 meeting. There were no comments from those present nor had the Clerk received any comments. Mayor Trousil closed the Public Hearing.

    Consider Ordinance on First Reading Rezoning property located at 309 S. Gear from A-1 to B-2 – Hockett moved, second by Pilger, to approve an ordinance on first reading rezoning property located at 309 S. Gear from A-1 to B-2. Roll call. Ayes: Lees, Crowner, Hockett, Johnson and Pilger. Nays: None. Motion carried.

    Consider Resolution Waiving Second and Third Reading of an Ordinance – Johnson moved, second by Hockett, to approve a resolution waiving the second and third reading of an ordinance. Roll call. Ayes: Crowner, Hockett, Johnson, Pilger and Lees. Nays: None. Motion carried.

    PUBLIC HEARING: Consider Amending the Zoning and Subdivision Regulations Concerning Minimum Lot Width in Residential Districts – Mayor Trousil opened the Public Hearing concerning an ordinance amending the zoning and subdivision regulations concerning minimum lot width in residential districts. He explained lots for residence purposes, other than cul-de-sacs, shall be at least fifty feet wide at the front lot line. There were no comments from those present. Planning and Zoning approved the amendment at their October 18 meeting. Mayor Trousil closed the Public Hearing.

    Consider Ordinance on First Reading Concerning Minimum Lot Width in Residential Districts – Lees moved, second by Crowner, to approve an ordinance on first reading concerning minimum lot width in residential district. Roll call. Ayes: Lees, Crowner, Hockett, Pilger and Johnson. Nays: None. Motion carried.

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

    Mayor Trousil opened the one bid received for Pleasant Meadow Subdivision. Richard Broeg submitted the minimum bid of $20,010 for Lot 2 in Pleasant Meadow Subdivision. A cashier’s check in the amount of 10% of the bid was received along with the bid. Mr. Broeg had purchased Lot 1 earlier and when he started planning the building he became concerned about the size so decided to purchase a second lot to assure he has sufficient room for his building and parking lot. Lees moved, second by Pilger, to approve the purchase of the lot. Crowner said he thinks a decision on whether to sell or not should be tabled until after the Closed Session on tonight’s agenda. Lees and Pilger agreed to withdraw their motion and second.

    Crowner moved, second by Hockett, to table the sale of Lot 2 in Pleasant Meadow Subdivision until after the Closed Session. Voice vote. All ayes. Motion carried.

    CITIZEN’S INQUIRIES: There were none.

    NEW BUSINESS:

    Consider Extension of Huston Street and City Utilities – Mayor Trousil explained Shottenkirk and Baxter Construction are requesting to construct a new street complete with utilities on the northern side of their property located at 309 Gear Avenue. The new street would run from their northeast property line off of Gear Avenue to their northwest property line. They will agree to construct the street and utilities to conform to city specifications. They are proposing to seek reimbursement for all costs from the TIF District.

    Council Member Crowner said he would not agree to this proposal unless we are able to align the new street with Huston Street on the east side. He said he doesn’t want to create another Gear Avenue situation.

    The Council agreed City Mandsager will work on an agreement with Shottenkirk and Baxter Construction. This agreement will be presented to the Council for prior approval.

    Consider Payment to Burlington Area Development Fund in Accordance with Agreement – Mayor Trousil explained the City has a development agreement with the Burlington Area Development Corporation, the City of Burlington and Des Moines County. This agreement was established to assist in the attraction of new investment and jobs in the Flint Ridge Business Park. In a letter from Kathy Evert, Vice President of Economic Development, BADCO is requesting the City contribute $33,333 as soon as possible. Evert said BADCO will execute a forgivable loan agreement with Borghi USA, Inc. that is tied to meeting the threshold criteria of investment, jobs and wage.

    Mayor Trousil said out of the 50 jobs being created not all are new. Some of them will be coming from another factory in Burlington. He said they will be turning jobs that pay $22 per hour into jobs that pay $10.60 per hour. He said although this is better than $5.66 paid at fast food shops it is not right. The Council Members agreed this is not the situation that they envisioned when the agreement was created. They agreed this would be considered if another agreement was negotiated.

    Crowner moved, second by Hockett, to approve payment to Burlington Area Development Fund in the amount of $33,333 in accordance with the development agreement. Voice vote. All ayes. Motion carried.

    Consider Final Payment to Shipley for Van Weiss and Washington Road Resurfacing - $6,990.18 – Hockett moved, second by Pilger, to approve payment in the amount of $6,990.18 to Shipley Construction for work completed on the Van Weiss and Washington Road Resurfacing Project. Voice vote. All ayes. Motion carried.

    Consider Payment to Carl A. Nelson & Co. for the Wastewater Treatment Improvements - $42,686.77 – Hockett moved, second by Pilger, to approve payment in the amount of $42,686.77 to Carl A. Nelson & Company for work completed on the Wastewater Treatment Improvements. Voice vote. All aye. Motion carried.

    Consider Change Orders for 1999 Gear Avenue Widening and Signalization – Crowner moved, second by Hockett, to approve three change orders that were submitted by Shive-Hattery Engineers for the 1999 Gear Avenue Widening and Signalization Project. They include additional sign mounting bracket for an increase of $595.00, change conduit from rigid steel conduit to PVC conduit for a decrease of $480.00, and pole modifications to lower a luminaries to meet clearance requirements with an overhead power line for an increase of $2,000. These change orders resulted in an increase to the contract in the amount of $2,115. Voice vote. All ayes. Motion carried.

    Consider Lowering Water Main Project along Mt. Pleasant Street - Administrator Mandsager explained the City’s water main that extends city water along Mt. Pleasant Street and out to the Beaverdale area has been exposed during construction of the Highway 34 interchange. After discussing the situation with Shive-Hattery Engineer Jeffrey Streitz and Public Works Director Fry, the recommended course of action for solving the water main exposure is to lower the main 6 feet. This alternative will leave the Beaverdale area without water for approximately 1- 4 hours.

    After discussion Hockett moved, second by Crowner, to approve lowering the water main along Mt. Pleasant Street as recommended by the engineers. The City will pay Shive-Hattery hourly according to their current rate schedule. A contractor will be hired to do the work that is estimated to cost between $11,500 and $15,000.

    OLD BUSINESS:

    Consider Resolution Approving Hazard Mitigation Plan – Hockett moved, second by Crowner, to approve the Hazard Mitigation Plan. Roll call. Ayes: Lees, Crowner, Hockett, Johnson and Pilger. Nays: None. Motion carried.

    Consider Contract Amendment Wastewater Treatment Plant Project – Administrator Mandsager said at the last Council Meeting Chad Lambi, Shive-Hattery Engineering, requested that the City amend its 1996 agreement for Design an additional $14,500 for Wastewater Plant start-up and to cover the increase in costs due to new hourly pricing. The original contract amount in 1996 was $104,000 and this amendment would increase the not-to-exceed contract amount to $118,600. Johnson had questioned whether these startup costs were included in the original contract and if not, why not. Administrator Mandsager requested that Shive provide an exact breakdown of the requested changes. Hockett mentioned that IAAP and design changes did contribute to the delays in starting the Wastewater Plant. The Council agreed to table the consideration until more information could be obtained.

    For this meeting Shive provided information stating the reason for the contract amendment was due to the fact that the agreement was based on their 1996 fee schedule that has increased 3.6 percent annually. They did not address the start-up costs. Lees moved, seconded by Crowner, to table the contract amendment until more clarification is provided. Voice vote. All ayes. Motioned carried.

    COMMITTEE REPORTS:

    STREETS – Payment to Midland Equipment for Repairs to Backhoe - $11,594.90 – Crowner asked for this item to be pulled from the Consent Agenda for discussion. He said he was not aware of the incident that damaged the backhoe. He would like to be informed in advance when an accident of this magnitude. Public Director Fry reported that Troy Cline was driving the backhoe when the incident happened. He said he was leveling dirt at the sewer plant when the backhoe rolled over. There was no negligence involved.

    Hockett moved, second by Pilger, to approve payment to Midland Equipment for repairs to the Backhoe in the amount of $11,594.90. The City’s insurance company approved the repairs in except for the deductible ($250) and $650.34 for prior damage to the left door and 50% depreciation on battery replacement. Voice vote. All aye. Motion carried.

    Administrator Mandsager said he was meeting with Nancy Eastburn from Alliant on Tuesday, November 21, to discuss Agency Street lighting.

    SANITATION – There was nothing to report.

    UTILITIES – There was nothing to report.

    PUBLIC SAFETY – Lees said the left turn only lane at Staples should be better marked. She also said there is a light out at the end of Swan Street that should be reported to Alliant.

    FINANCE - Hockett said the Airport Authority has appointed Sharon Leeper as the Interim Airport Manager. Their search was unsuccessful and Leeper has been serving as Office Manager. Hockett said he thought they had made the right choice.

    Minutes for Board of Adjustment for Thomas and Evelyn Kenney - 201 Prairie – Lees asked for this item to be removed from the Consent Agenda for discussion. Lees requested the next Board of Adjustment Minutes be on the regular agenda instead of the Consent Agenda.

    Administrator Mandsager explained Thomas and Evelyn Kenney, 210 Prairie Street, requested the board of Adjustment grant a variance of 28 feet to the front yard set back, which would allow them to place a 42" high picket style fence within 2 feet of the property line on the north side of their house. Because the house is located on a corner lot and is considered to have two front yards, the zoning code requires any type of structure to be set back 30 feet from the property line. The Board of Adjustment after holding a hearing approved the variance.

    Lees moved, second by Crowner, to approve the Board of Adjustment minutes as presented. Voice vote. All aye.

    Payment to Loeschen & Loeschen - $1,965.29 – Lees said according to Loeschen’s bill a lot of time is being spent in traffic court and she wants to know why. She asked for a disposition of traffic court to be provided for more specifics. She wants to know what the charges are for.

    Lees moved, second by Crowner, to approve payment to Loeschen and Loeschen in the amount of $1,965.29. Voice vote. All ayes. Motion carried.

    CLOSED SESSION: To Discuss 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, seconded by Johnson, to go into closed session in accordance with Chapter 21.5 (j) of the Code of Iowa. Roll call. Ayes: Lees, Crowner, Johnson, Pilger and Hockett. Nays: None. Motion Carried.

    The Closed session ended at 8:37 P.M.

    Hockett moved, second by Crowner, to not sell the lot in Pleasant Meadow Subdivision to Richard Broeg at this time but that he be given the right of first refusal until a decision is made on where to build a new City Hall. Voice vote. All ayes. Motion carried.

    Hockett moved, second by Crowner, to remove the remaining three lots in Pleasant Meadow Subdivision from the market until further notice. Voice vote. All ayes. Motion carried.

    There being no further business the meeting adjourned at 9:29 p.m. upon motion by Hockett and Lees. Voice vote. All ayes. Motion carried.

     

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    Approved Terrie L. Simonson, City Clerk

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