Regular Council Meeting December 17, 2001 – 5:30 P.M.
The West Burlington City Council met in Regular Session at 118 W. Wheeler Street with Mayor Trousil presiding. Council Members Johnson, Lees, Crowner, Hockett and Pilger were present. City Administrator Mandsager, Fire Chief Astfalk, Public Works Director Fry, 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 as presented. Voice vote. All ayes. Motion carried.
A. Minutes Regular Council Meeting December 3, 2001
B. Financial Report for November
C. Removing Toby Saben from Fire Department Membership
D. Liquor License Application for Wedding Elegance, Inc.
E. Taxicab License for Class Act Limousine Service
F. Reimbursement for Sidewalk Replacement – Linda Latty $245.50
G. Selling 1996 Dodge at Auction Barn
H. Fire Department Officers
I. Hiring Dan Alexander and John DeLlanos for the Fire Department
J. Payment to Burlington Municipal Waterworks - $11,721.06
K. Payment to M.E.D.A. for Asbestos Study - $1,093.50
L. Payment of Claims as Presented
PUBLIC HEARING - Rezoning Shottenkirk Property Located Behind Target and Farm King from B-2 (General Business) to R-4 (Multi-Family Residential) and another portion from B-2 (General Business) to R-1 (Single Family Residential) – Mayor Trousil opened the Public Hearing on rezoning Shottenkirk Property located behind Target and Farm King from B-2 to R-4 and another portion from B-2 to R-1. There were no comments from those present. The Public Hearing was closed.
Consider Ordinance on First Reading Rezoning Property Located Behind Target and Farm King from B-2 to R-4 and from B-2 to R-1 – Lees moved, second by Crowner, to approve the first consideration of an Ordinance rezoning property located behind Target and Farm King from B-2 to R-4 and from B-2 to R-1. Roll call. Ayes: Lees, Crowner, Hockett, Pilger and Johnson. Nays: None. Motion carried.
PRESENTATION - Burlington Public Library – Roger Sheagren – Representatives from the Burlington Public Library asked the Council to consider additional funding in the next fiscal year. Currently West Burlington pays the City of Burlington $15,000 per year for Library Service. The Library is requesting $40,000. The Council will discuss the request at Budget time.
CITIZEN’S INQUIRIES: - None.
COMMITTEE REPORTS:
STREETS – Administrator Mandsager said the Wheeler Street Storm Sewer has stopped for the winter. The Contractor for the project has was behind schedule, however Mandsager said he is not interested in instituting the penalty because his tardiness has not put the project behind.
SANITATION – Council Member Crowner expressed his appreciation to Utility Billing Clerk Fry for the Meter Replacement Update. He also asked if we could go outside the planned areas to install meters for the convenience of those residents desiring automatic reading as well as electronic withdrawal for payment. Administrator Mandsager said it would not be the best for record keeping purposes. He said it would be difficult to have the new meters placed at random instead of in planned routes.
UTILITIES – There was nothing to report.
PUBLIC SAFETY – The Council Members agreed they would no longer require checking for concealed weapons at Council Meeting.
FINANCE – There was nothing to report.
NEW BUSINESS:
Consider Approving 5-Year Street Improvement Program – French-Reneker Associates - Don Jordison, with French Reneker Associates presented the 5-Year Street Improvement Program prepared by his firm. After reviewing the plan Lees moved, second by Johnson, to approve the 5-year Street Program as presented. Voice vote. All ayes. Motion carried.
Administrator Mandsager explained the plan is just that a guide. It can be altered at any time.
Consider Ordinance Amending the Traffic Code Concerning Parking and Stop Signs - Third Consideration - Hockett moved, second by Johnson, to approve amending the traffic code concerning parking and stop signs. Roll call. Ayes: Lees, Crowner, Hockett, Pilger, and Johnson. Nays: None. Motion carried.
Consider Payment to Shipley Contracting for Wheeler Street Project – Hockett moved, second by Pilger, to approve payment to Shipley Contracting for work completed on the Wheeler Street Project in the amount of $39,344.82. Voice vote. All ayes. Motion carried.
Consider Purchase of Helmets for Fire Department – Lees moved, second by Pilger, to approve the purchase of six new helmets for the Fire Department for $170.00 each, totaling $1,020.00. Voice vote. All ayes. Motion carried.
Consider Contribution to West Burlington Schools for Roof Project – Hockett moved, second by Johnson, to contribute $70,000 to the West Burlington School District to assist the school with their roof project. The school was going to raise taxes to pay for the roof and the City agreed to the donation to prevent the increase. Voice vote. All ayes. Motion carried.
Consider Contracts for Demolition and Asbestos Removal – Administrator Mandsager explained the City received four proposals for the demolition of the three properties on Broadway Street. They were: D&D Excavation $48,800, M.E.D.A. $42,240, Bucks Demolition, Inc. $41,776, and Meller Excavation $15,500.
Separate proposals were collected for asbestos removal. Those were: Environmental Management Services of Iowa $658, Affordable Asbestos Removal $1,692, and M.E.D.A. $3,495.
After discussion Johnson moved, second by Lees, to award contracts to Meller Excavation in the amount of $15,000 for demolition and Environmental Management Services in the amount of $658 for asbestos removal.
Voice vote. All ayes. Motion carried.
Consider Purchase of Server Computer – Johnson moved, second by Crowner, to purchase a new server computer for City Hall. The server is outdated and needs to be replaced. City Accountant Leslie Sattler obtained a quote from Dell for a Pentium III 933 MHZ with a 36 GB hard drive and a tape back up for $3,333. She said there will also be an expense for setting up the server and data transfer from the old server. The old server will replace an existing computer in City Hall. This was a budgeted expense. Hockett suggested adding additional hard drive and memory to the current server and purchasing a new computer for the office. He said this would be the cheapest route.
After discussion Johnson moved, second by Crowner, to purchase the new server computer from Dell for a cost of $3,333 plus the expense of data transfer. Voice vote. All ayes except Hockett who voted nay. Motion carried.
Consider Filling Vacancies on Board of Adjustment and Planning & Zoning Commission – Mayor Trousil explained the Board of Adjustment will be short a member when Randy Fry’s term expires December 31. Randy has agreed to fill another 5-year term which would expire December 31, 2006. He also said Pauline Swafford’s term on the Planning and Zoning Commission would expire on December 31. Pauline is also willing to serve another 5-year term which will expire December 31, 2006.
Hockett moved, second by Johnson, to approve appointing Randy Fry to the Board of Adjustment and Pauline Swafford to the Planning and Zoning Commission. These are both 5-year terms which will expire December 31, 2006. Voice vote. All ayes. Motion carried.
OLD BUSINESS:
Consider Payment to Shive-Hattery for Engineering Services – Leland Belding with Shive-Hattery Engineers attended the meeting to discuss questions concerning two invoices from his firm. One invoice was for work completed on the Gear Avenue Division 2 Construction Services in the amount of $9,323.11. The City has a contract with Shive-Hattery in the amount of $51,400 for that project and to date has paid $49,975.83. The Council considered this invoice at the last Council Meeting and asked for additional information. Mr. Belding explained the work included City requested additional services and services provided due to the contractor not finishing the work until six months past the contract completion date. He said it included a plan revision to add a left turn lane on eastbound Agency for the gas station and the repainting of the entire project after the harsh winter. Belding said liquidated damages was charged to the contractor to cover the additional administration, observation, and materials testing costs accrued by the City because of the contractor not completing the work in the contract time period. He said Shive-Hattery was hired by the City to perform these functions for the project as required by the provisions of the Iowa DOT USTEP grant.
The Council expressed annoyance about the vagueness of the bill. They said before they would approve payment in excess of the contract amount they would need more detailed information such as a listing of what work was done, by whom, and when. After discussion, Crowner moved, second by Johnson, to approve payment to Shive-Hattery up to the contract amount and let Shive-Hattery pursue the additional if they desire. Voice vote. All ayes. Motion carried.
The council also questioned Leland Belding about an invoice for the GRMC/SCC Traffic Signal Project in the amount of $4,614.63. The Council has a contract with Shive-Hattery for this project in the amount of $18,500 of which $16,147 has been paid. This invoice includes $1,300 for additional survey and $700 for updating the base map which caused the project amount to exceed the contract by $2,000. This work, according to Belding, was necessary because Southeast Community College widened their Agency Road entrance to provide a left turn lane. He said the additional lane would impact greatly on the signal design and needed to be surveyed and included in the base map. He said because of pending winter storms, the survey crew was requested to perform the additional survey as quickly as possible. He said the project could not be completed without the additional survey and the urgency of completing the work before winter, this work was performed without first seeking council approval.
The Council agreed the engineer should have obtained prior approval before requesting additional work outside the contract amount. Crowner moved, second by Johnson to pay the invoice minus the $2,000. Voice vote. All ayes. Motion carried.
Consider Approval of Preliminary and Final Plat for the Shottenkirk Estates Subdivision – Administrator Mandsager presented the preliminary and final plat for the Council’s review and consideration. He said the Council has two issues; consideration of the plats and discussion of the NE corner of the Shottenkirk lot (additional property purchase). He said Shottenkirk has met all council and staff requirements for platting. Street names have been addressed as requested and the residential lots have been increased in size and have allowed for 14 single-family residential lots. Shottenkirk will take the R-4 lot to the Board of Adjustment for approval of the multi-family units and their proposed layout at their next meeting.
Second, the City received 57.3 feet of property along Arnold Drive and extending 230+ feet along the Shottenkirk frontage. Until any future realignment is designed, the City does not know exactly how many feet are required, however our engineers have stated that the more we can get (from Gear and west) the better. Mandsager said since some Council Members have indicated their desire to purchase additional footage now in preparation of the possible realignment, Shottenkirk appears to be willing to allow the City to purchase additional right-of-way. Mandsager said the additional footage could cost roughly $28,000.
Council Member Johnson said he believes the additional footage should be obtained now in preparation of the realignment of Gear Avenue. Johnson said he believed that additional footage was agreed upon at one time and should have been included on this plat. Mayor Trousil said the additional footage was not included in the agreement and any negotiations should take place at the table instead of in the field.
Crowner said the consideration of the Plats and the additional footage is two separate issues. He said the only item on the Agenda tonight is the Plats. Crowner moved, second by Pilger, to approve the Preliminary Plat and Final Plat for the Shottenkirk Estates Subdivision. Roll call. Ayes: Lees, Pilger, Crowner and Hockett. Nays: Johnson. Motion carried.
Tony Baxter representing the Shottenkirk Project said the lots in the Subdivision will be sold at Market Rate and will be awarded no subsidies.
Consider Ordinance Amending the Sign Code Concerning Signs in Residential Districts - Third Consideration – Hockett moved, second by Crowner, to approve the third consideration of an Ordinance amending the Sign Code concerning signs in a Residential District. The amendment would include allowing schools (as well as churches) to place a ground sign in a Residential District. Roll call. Ayes: Lees, Crowner, Hockett, Pilger and Johnson. Nays: None. Motion carried.
Consider U-STEP Funding Agreement Between City and IDOT – GRMC/SCC Signal – Administrator Mandsager presented the U-STEP funding agreement between the City and the Iowa DOT. The said construction of the traffic signal at GRMC and SCC is estimated at $126,000 and the agreement provides for the funding to be allocated at 55% IDOT and 45% City. The GRMC has committed to paying $2,700 for the installation of the pedestrian crosswalk.
Mandsager said the only warrant met for these signals was the emergency warrant and we can satisfy the IDOT by installing audible preemption that will be triggered by the vehicle’s siren, an item costing $6,000 and included in the estimated cost. Optical preemption for this signal and other signals on Gear Avenue would cost nearly $100,000 plus $1,000 for each vehicle wishing to utilize optical preemption. The primary/potential users for this system –EMS and ambulance vehicles will not be utilizing optical preemption – they do not want the expenditure.
After discussion it was the consensus of the Council Members that the City Administrator contact SCC and GRMC to determine if they are interested in providing funding for this project. This item will be placed on the next Council Agenda.
CITIZEN’S INQUIRIES:
Mayor Trousil read a letter from Margean Elliott, 418 E. Wheeler asking the Council to decide at budget time to include some funds to increase the Christmas decorations in the 100 block of Broadway Street.
CLOSED SESSION: Negotiations – Union Contracts - Lees moved, second by Johnson, to go into closed Session for the purpose of discussing Union Negotiations. Roll call. Ayes: Hockett, Johnson, Crowner, Pilger, and Lees. Nays: None. Motion carried. The Closed Session ended at 9:16 p.m.
OATH OF OFFICE: The City Clerk administered the Oath of Office to the officials elected to take office on January 1. Those were Hans Trousil, Mayor, and John Johnson and Marc Pilger Council Members.
ADJOURN: There being no further business, the meeting adjourned at 9:19 p.m. upon motion by Johnson, second by Lees. Voice Vote: All Ayes. Motion carried.
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Approved Terrie L. Simonson, City Clerk