Regular Council Meeting January 23, 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, Johnson and Pilger were present. City Administrator Mandsager, Public Works Director Fry, Fire Chief Astfalk and Building Inspector Hoy were also present. Lees moved, second by Johnson, to approve the Agenda as presented. Voice vote. All ayes. Motion carried.

    Lees moved, second by Pilger, to approve the Consent Agenda with the addition of Taxicab Permit for C-Yellow Cab Company. Voice vote. All ayes. Motion carried.

    A. Minutes Regular Council Meeting January 09, 2001

    B. Financial Report for December

    C. Training for Police Officer Newberry to Advanced Supervision Skills Training

    D. Winter Fire School for six (6) Volunteer Firefighters

    E. Resignation of Volunteer Firefighter – Charles Walsh

    F. Payment to Burlington Municipal Waterworks - $12,413.91

    G. Payment to Centre State International Trucks, Inc. – Fuel Pump for Ford - $1,636.55

    H. Payment of Claims as Presented

    I. Taxicab Permit for C-Yellow Cab Company

    PUBLIC HEARING: Proposal to Issue Industrial Development Revenue Bonds –

    Borghi USA Inc. Oilhydraulic Conduits Project) – Series 2001 – Mayor Trousil opened the Public Hearing on a proposal to issue not to exceed $4,000,000 aggregate principal amount of the City’s Industrial Development Revenue Bonds (Borghi USA Inc. Oilhydraulic Conduits Project), Series 2001 (the "Bonds"), pursuant to the provisions of Chapter 419 of the Code of Iowa, as amended, and Sections 103 and 147 of the Internal Revenue Code of 1986, as amended, for the purpose of providing financing for the acquisition and renovation of an industrial building and the acquisition of machinery and equipment to be used for the manufacturing of zinc-plated metal tube hydraulic systems (the "Project"). The Project will be located at 402 West Division Street in West Burlington, Iowa and will be owned and operated by Borghi USA Inc. Oilhydraulic Conduits (the "Company"). The proceeds of the Bonds will be used to finance the costs of acquiring, constructing, improving and equipping the Project and paying the costs of issuance of the Bonds. It is proposed that proceeds from the sale of the Bonds be loaned to the Company pursuant to a loan agreement (the "Loan Agreement") which will provide for loan payments sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as the same fall due. Mayor Trousil asked for comments from the public. There were none. The Public Hearing was closed.

     

    Resolution to Proceed with the Issuance and Sale of Industrial Development Bonds – Lees moved, second by Johnson, to approve a Resolution to proceed with the issuance and sale of Industrial Development Revenue Bonds (Borghi USA Inc. Oilhydraulic Conduits Project), Series 2001, in an amount not to exceed $4,000,000. Roll call. Ayes: Lees, Pilger, Hockett, Johnson and Crowner. Nays: None. Motion carried.

    PUBLIC HEARING: Consider Rezoning Property Located West of Target along W. Mt. Pleasant Street from A-1 Agricultural District to B-2 General Business District - Mayor Trousil opened the Public Hearing on the proposal to consider rezoning property located west of Target and along W. Mt. Pleasant Street in West Burlington from an A-1 (Agricultural) district to a B-2 (General Business) district. There are two property owners, Irma Pfeiff and Sharon Rexroth. Mayor Trousil asked for comments from the public. Irma Pfeiff told the Council she opposes the rezoning. She said her property has always been agriculture and she sees no advantage in changing it. She said it hurts her pride more than anything, she just resents it. Council Member Johnson explained that the property was identified in the Comprehensive Plan as property for future development and should be changed to a business district. The change would not affect taxes. He said he could see delaying rezoning the property until the need arises. The Public Hearing was closed.

    First Consideration of an Ordinance Amending the Official Zoning Map concerning Property Located West of Target along W. Mt. Pleasant Street – Johnson moved, second by Crowner, to leave the property as is (Agriculture). Roll call. Ayes: Crowner, Lees and Johnson voted aye. Nays: Hockett and Pilger. The motion carried.

    Mayor Trousil said the Council needs to hold a joint session with the Planning and Zoning Commission to discuss future rezoning. He said they are following the Comprehensive Plan and if the Council has a different direction for them it should be discussed. Council Member Pilger agreed the Council is sending the wrong message to the Commission. Council Member Lees said there should be no more rezoning recommendations until the Council has an opportunity to meet with the Commission.

    NEW BUSINESS:

    Consider 28E Agreement with Des Moines County Attorney – Mayor Trousil explained the City is considering contracting with the Des Moines County Attorney’s office for prosecution of traffic ordinances and simple misdemeanor criminal violations. The Council met with the City Attorney Terry Loeschen at the last Council Meeting to discuss this possibility. Mr. Loeschen assured the Council he would not have a problem with the arrangement. Des Moines County Attorney Pat Jackson met with the Council and briefly reviewed the 28E Agreement. Mr. Jackson said he contracts with the City of Burlington for the same service. He said he would talk to the Police Chief to work out a schedule that is best for the officers and their necessary appearances in court. The cost will be $4,000 per year. The Council Members agreed it sounds like a good arrangement except for Hockett who stated the cost savings appeals to him but he said it is one thing to share jail space but another to share prosecuting attorneys.

    After consideration Lees moved, second by Pilger, to approve the 28E Intergovernmental Agreement between Des Moines County and the City of West Burlington for prosecution of traffic ordinances and simple misdemeanor criminal violations at a cost of $4,000 per year. The agreement will take affect February 1, 2001. Roll call. Ayes: Crowner, Pilger, Johnson and Lees. Nays: Hockett. Motion carried.

    Consider Setting Salaries and Benefits for Fire Department Personnel – Mayor Trousil explained following recent discussions between the Mayor, City Council, Fire Department and City staff, it is the majority’s conclusion that the City should no longer be contracting with the West Burlington Firefighters Association for fire services. He said it was the general consensus that effective January 1, 2001, officers (all department personnel) of the Fire Department should be employees of the City. As such, the firefighters would be considered permanent part time employees of the City. He said in taking this step, the City would be taking an active role in distinguishing between the Fire Department as a public safety organization and the Firefighters Association as a social organization.

    Lees moved, second by Pilger, to approve a Resolution setting salaries and benefits for the Fire Department personnel. Roll call. Ayes: Lees, Crowner, Pilger, Johnson and Hockett. Nays: None. Motion carried.

    Consider Longmeadow Park Grant Agreement – Administrator Mandsager reported the City received a Recreation Infrastructure Grant from the State of Iowa in the amount of $88,233.34. He said the next step in the process is to sign the grant agreement and forward it to the state in order to receive 90% of the grant funds.

    Mandsager said the total cost of the Longmeadow Park Project is $264,700. Through donations ($14,040.01), grants ($88,233.34), past City outlay ($69,702.62), and soft match i.e. labor and materials, the City’s local share of $176,466.68 is around $50,000. Additionally, the City has been awarded a grant from Alliant in the amount of $2,500.

    Hockett moved, second by Crowner, to authorize the City Administrator to sign the grant agreement and forward it to the state. Voice vote. All ayes. Motion carried.

    Consider Setting Hearing for Nuisance Abatement Notice – Mayor Trousil said on January 15 the Building Inspector issued a notice to Willie Lee Scott to discard old tires located on his property at 412 N. Gear Avenue. This was done in accordance with Chapter 51 of the City Code of Ordinances. On January 17 the City received a letter from Attorney Steven Hahn requesting a hearing on Mr. Scott’s behalf.

    Hockett moved, second by Lees, to set a hearing as requested by Attorney Hahn on behalf of Willie Lee Scott for February 6, at 7:00 p.m. Voice vote. All ayes. Motion carried.

    Consider Incentive Payment to Firefighters - $9,996.00 – Mayor Trousil said the City budgets $10,000 to provide an incentive to firefighters who actively participate on the department. Over the past few years, the Council has split the $10,000 incentive bonus among all firefighters who attend 70 percent of department meetings and respond to 30 percent of city alarms. This year, 17 firefighters qualified.

    Hockett moved, second by Lees, to approve payment of an incentive bonus of $588 to 17 firefighters as recommended by Chief Astfalk. Voice vote. All ayes. Motion carried.

    Consider Payment to Shive-Hattery for Engineering Services - $24,219.41 – Mayor Trousil explained the City currently has several contracts for engineering services with Shive-Hattery Engineers. Four invoices were presented for payment. Gear Avenue STP (Farm King-Mall) Signal - $10,381.14; GRMC/SCC Signal - $5,851.70; Traffic Data and Signal Timing Plans - $3,258.49; and Wastewater Treatment Facilities Improvements - $13,728.08. The Council agreed they would like to have status reports for all the projects. They said they realize the engineering firm is operating within the scope of the contract but they would like to have an update on the various projects.

    Lees moved, second by Pilger, to approve payment to Shive-Hattery Engineers in the amount of $24,219.41 for engineering services on various projects. Voice vote. All ayes. Motion carried.

    OLD BUSINESS:

    Consider Information Concerning the Height of a Decorative Fence – Administrator Mandsager said he had inquired of several Iowa Communities and a local vinyl fencing company and it appears that the average fence height for decorative fencing in the front yard ranges from 42" to 48". He said there are two other points that should be addressed if the Council decides to proceed. First, owners of corner lots should still be sent to the Board of Adjustment if they are requesting that their backyard fence extend beyond the side of the house. A privacy fence may interfere with vision and create safety hazards. Second, where the backyard fence does not extend beyond the side of the house, the owner should be allowed to keep the side fence (facing the corner) the same height as the rest of the back fence.

    After discussion the Council agreed they would need to meet with the Planning and Zoning Commission to discuss the fence issue collectively. A meeting will be arranged.

    COMMITTEE REPORTS:

    PUBLIC SAFETY – The Council Members agreed the Annual Police Report presented by Chief Walters was a good report.

    Fire Chief Astfalk said the firemen have been painting the meeting room at the fire station and installing a new ceiling. He also said his annual report is being prepared. He will present it when it is completed.

    FINANCE – The Council agreed to hold the next Council Meeting on the first Tuesday in February instead of the second Tuesday. The reason for the change is because the Mayor, City Administrator and possibly Council Members will be attending a meeting in Des Moines. A Budget Work Session will be held on Tuesday, February 6, at 6:00 before the Council Meeting.

    STREETS – There was nothing to report.

     

    SANITATION – There was nothing to report.

    UTILITIES – Public Works Director Fry reported that to date fifty-eight (58) water meters have been installed and appointments to install 13 more have been made. He said the next area targeted for meter replacement is Agency Road. These meters will be of varying sizes.

    CITIZEN’S INQUIRIES:

    There were none.

    CLOSED SESSION: 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 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 10:13 p.m.

    There being no further business the meeting adjourned at 10:13 p.m. upon motion by Lees and second by Pilger. Voice vote. All ayes. Motion carried.

    ______________________________ ______________________________

    Approved Terrie L. Simonson, City Clerk

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