Regular Council Meeting January 9, 2001 – 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, and Pilger were present; Johnson was absent. City Administrator Gregg Mandsager was also present. Hockett moved, second by Lees, to approve the Agenda as presented. Voice vote. All ayes. Motion carried.

    Hockett moved, second by Lees, to approve the Consent Agenda as amended. Voice vote. All ayes. Motion carried.

    A. Minutes Regular Council Meeting December 19, 2000

    B. Minutes Special Council Meeting December 27, 2000

    C. Payment to Iowa Association of Municipal Utilities – SASSO - $12,475

    D. Payment to Des Moines Data Processing for Police Dept. Sleuth Program - $1,322.90

    E. Payment to City of Burlington – County Wide Communications - $2,399.55

    F. Training for Police Department – Officer Ervine

    G. Purchase of Fire Department Clothing - $7,327.86

    H. Payment of Claims as Presented.

    CITIZEN’S INQUIRIES:

    There were none.

    NEW BUSINESS:

    Meeting with City Attorney – The Council had asked Terry Loeschen, the City’s Attorney since 1966, to attend the meeting to answer questions concerning how the City is billed for time spent in traffic court. The city paid Loeschen $9,600 last year to handle traffic court cases. The City has contemplated contracting with The Des Moines County Attorney for this service at an estimated annual cost of $4,000. Loeschen said there may be hidden costs with that option, such as additional overtime pay for police officers called to testify in court. He also said his office tries to cut some slack when prosecuting minor, first-time offenses such as speeding, no tail light, or dog at-large. He said they’ve tried to make it a wash with the revenue from fines covering the cost of prosecution. The City received on average about $1,000 per month in fine revenue. Loeschen said the County Attorney’s office may be more aggressive in seeking prosecutions.

    The Council Members also asked how the City is billed for each Monday morning spent at court. They wanted to know if the City won or lost. Loeschen said the City does not receive a detailed account of each court case however, that could be done if they want. The City is billed for $150 per hour for services rendered in traffic court. Much of that time is spent traveling to and from the courthouse and going through the day’s court docket he said. A majority of cases never go to court since most people choose not to contest the charge and mail in their fines. Crowner stated that Loeschen & Loeschen has increased its rate from $125 to $150 and the City was billed for the increase without receiving advance notice. He said he thought the City should have been informed in advance. Loeschen said he will track future hearings on the billings and that he will notify the City in advance if the hourly rate goes up again.

    Consider 28E Agreement with Des Moines County Attorney – Mandsager presented a copy of a 28E Agreement with the Des Moines County Attorney concerning prosecution of traffic ordinances and simple misdemeanor criminal violations. The County Attorney states his office will provide these services for a flat rate of $4,000 per hear. The agreement can be terminated after 6 months. After consideration Lees moved, second by Crowner, to table the 28E Agreement with the Des Moines County Attorney until the next Council Meeting.

    There were several items the Council wanted investigated before the next meeting. They wanted to know if the County Attorney would substitute City Charges for State Charges and how their office will schedule police officer hours for attendance in court.

    Lees moved, second by Crowner, to table the 28E Agreement with Des Moines County Attorney concerning prosecution of traffic ordinances and simple misdemeanor criminal violations until the next meeting. Voice vote. All ayes. Motion carried.

    Consider Setting Date for Rezoning Property located at 1913 W. Mt. Pleasant and 2401 W. Mt. Pleasant

    from A-1 Agriculture to B-2 General Business – Mayor Trousil said the Planning and Zoning Commission, after holding a Public Hearing on December 14, is recommending the rezoning of properties located at 1913 W. Mt. Pleasant and 2401 W. Mt. Pleasant from A-1 Agricultural to B-2 General Business. Hockett moved, second by Crowner, to set a Public Hearing for Tuesday, January 23, at 7:00 p.m. to consider the rezoning issue. Roll call. Ayes: Lees, Crowner, Hockett and Pilger. Nays: None. Motion carried.

    Consider Incentive Payment to Police Reserve Officers - $2,600 – Mayor Trousil explained in 1998 the City created an incentive program for police reserve officers modeled after the program for firefighters. The purpose of the incentive program is to reward officers who actively participate on the reserve unit by reimbursing them for some of their expenses (e.g., ammunition, weapons, laundry, meals, transportation, etc.). The program provides for payment of $200 per quarter for members who volunteer 48 hours of service and attend 75 percent of the unit meetings and training sessions. The City budgeted to spend $7,000 for this incentive program. According to the Police Department 3 of the 10 Police Reserves met the criteria for payment of $800 each and one $200.

    Pilger moved, second by Lees, to pay $800 each to Paul Barnett, Cindy Bowen, Robert May and $200 to Aaron Ourth. Voice vote. All ayes. Motion carried.

    Consider Payment for Ambulance Service - $2,868.96 – Mayor Trousil said according to the City Township Ambulance Association Agreement the City’s share of the annual ambulance payment to Burlington is $2,868.96. Of the 494 local calls made outside the City limits of Burlington 257 were charged to West Burlington.

    Hockett moved, second by Pilger, to pay $2,868.96 to the City Township Ambulance Association for ambulance service. Voice vote. All ayes. Motion carried.

    Consider Resolution Naming the Official Newspapers – Mayor Trousil said the City Council needs to name the City’s official newspapers for the purpose of publishing the City’s public notices, minutes and other materials.

    Hockett moved, second by Pilger, to approve a Resolution naming the Des Moines County News and The Hawkeye as the City of West Burlington’s Official Newspapers. Roll call. Ayes: Lees, Crowner, Hockett and Pilger. Nays: None. Motion carried.

    Consider Appointment to Planning and Zoning Commission – Steve Swafford and Ringo Covert – Mayor Trousil said according to Kelly Fry, Planning and Zoning Secretary, the Planning and Zoning Commission is short two members. Earl Hopkins moved out of town and Pat Ricks does not want to serve another term. The Commission recommended the appointment of Ringo Covert and Steve Swafford. Swafford is now on the Board of Adjustment so if he is appointed to the Commission a replacement will need to be found for him. Lees moved, second by Pilger, to approve the appointment of Steve Swafford to the Planning and Zoning Commission and Ringo Covert to fill the unexpired term of Earl Hopkins. Voice vote. All ayes. Motion carried.

    Swafford attended the meeting and said he would also like to retain his position on the Board of Adjustment is possible.

    OLD BUSINESS:

    Consider Ordinance Concerning the Height of a Decorative Fence – Mayor Trousil explained the Council had requested the Planning and Zoning Commission consider a proposed ordinance that would increase the height of a decorative fence from three (3) feet to three and one-half (3˝) feet. The Planning and Zoning Secretary told the Council the Commission recommend leaving the fence height at three (3) feet. The Council directed Staff to investigate the matter more. They are interested in more information about what manufacturers consider standard and what other communities are allowing.

    Consider Payment to French-Reneker for Mt. Pleasant Street Frontage Road - $2,893.65 – Administrator Mandsager said French-Reneker has resubmitted a request for payment in the amount of $2,893.65. According to the engineering firm the invoice was submitted earlier and was never paid. The invoice is for the Mt. Pleasant Street Frontage Road street project. After investigating it was determined by accounting that the invoice was never paid.

    Crowner moved, second by Pilger, to pay French-Reneker $2,893.65 for engineering fees for the Mt. Pleasant Street Frontage Road street project. Voice vote. All ayes. Motion carried.

    CITIZEN’S INQUIRIES: There were none.

    COMMITTEE REPORTS:

    UTILITIES – Public Works Director Fry said the traffic light at Mt. Pleasant Street and West Burlington Avenue as well as the arrow signs at Broadway Street and Agency should be in place the week of January 22. The City of Burlington is assisting with this task.

    PUBLIC SAFETY – Administrator Mandsager said he, Mayor Trousil, members of the Fire Department and other staff members had met with George Oster form the ISU Fire Service concerning the structure of the Fire Department. Mr. Oster was here to offer guidance if the City wants to change the set-up of the Fire Department.

    FINANCE - Mayor Trousil said there is a Budget Work Session on Saturday, January 13 beginning at 8:00 a.m.

    STREETS – There was nothing to report.

    SANITATION – The new sewer plant is running well.

    CITIZEN’S INQUIRIES:

    Steve Swafford commented on the need for striping at the intersection of South Gear and Agency Street going east. Mayor Trousil said this will be done.

    There being no further business the meeting adjourned at 9:01 p.m. upon motion by Lees and second by Hockett. Voice vote. All ayes. Motion carried.

     

    ______________________________

    Approved Terrie L. Simonson, City Clerk

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