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

George Marzek Jr. 611 West Van Weiss, told the Council he has been reading the newspaper concerning the Closed Session dilemma the Council is involved in. He asked if the Council was not going to hold any more Closed Sessions. Council Member Johnson said in accordance with Council Member Hockett’s attorney’s letter he can’t discuss the issue. Council Member Pilger said it is his understanding the Council will not hold Closed Sessions. He said if discussion is needed it would be talked about one on one.

Council Member Hockett asked if we were really not going to hold more Closed Sessions or are we going to avoid the 24 hour notice requirement.

Mayor Pro-Tem Lees said all requirements would be followed.

Al Nielson, Burlington, said he had a question about procedure. He asked if he would have an opportunity to comment about items that may be discussed later on in the meeting. Mayor Pro-Tem said that he would.

PRESENTATION: Chamber and Cobo International Presentation and Request for Tax Increment Financing – Mike Brouwer and Dennis Hinkle from the Chamber of Commerce introduced Gino Mainardi and Maurizio Tombola with Cobo International, an Italian electronics firm. The Cobo representatives said they want the City to contribute toward the expense of constructing a new electronics plant in the Flint Ridge Business Park. The plant will manufacture electrical and mechanical components for heavy equipment. They also plan to include a technology department at the proposed plant. They estimate the plant to cost approximately $1.2 million and want the City to contribute $300,000 toward the initial operating expenses. They said the plant will employ 40 people who will earn a starting wage of between $11 and $12 per hour. The technology department will require three more employees, who will earn considerably more than plant workers.

Mr. Hinkle told the Council he estimates the City, if it decides to contribute the requested funding, would receive between $35,000 and $42,000 annually in property tax revenue. The Council Members explained the City has not contributed up front incentives before. They said they will have to discuss the proposal and talk to the Bonding Attorney if they decide to participate.

PUBLIC SAFETY – Discuss Restricting the Carrying of Firearms or Weapons in Public Buildings to Law Enforcement Personnel – Council Member Johnson said he asked for this topic to be placed on the Agenda. He said in the past the Council had required any one attending Council Meetings to be checked for weapons. He would like to see this reinstated.

Al Nielson, Hwy 99, presented a copy of the section of the Iowa Code which he said prohibits political subdivisions of the state from enacting an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of the state. He said individuals who have permits to carry have already gone through specific procedures. He objects to further restrictions and believes it is prohibited.

George Marzek Jr. stated Des Moines County prohibits weapons other than law enforcement and wondered how they get around the law.

Ringo Covert, 3115 W. Mt. Pleasant, said he think of no logical reason a person would want to attend a public meeting armed.

Randy McPherson, 408 North Gear, said he also believes public meetings are no place for firearms.

Council Member Pilger wondered how effective meetings would be if guns were displayed on the table while meetings were being held.

The Council agreed to present the question to the City Attorney for an opinion.

FINANCE – Council Member Crowner said the City of Burlington did pass the Local Option Sales Tax in their City which will be in effect for the next 10 years. He said they agreed to set aside a portion of the tax for Economic Development. He thinks this is something we should consider at the next budget time.

STREETS – Discuss Mall Signal Change Order – Administrator Mandsager said there will be a Change Order to the Mall Traffic Signal project. He said it will include a new cabinet versus reusing the old signal cabinet. The cost will be approximately $6,600.

SANITATION – There was nothing to report.

UTILITIES – There was nothing to report.

Consider Engineering Services Agreement for Agency Street Widening – Crowner moved, second by Hockett, to approve a contract with McClure Engineering in the amount of 39,000 for engineering services for widening Agency Street from the Conoco Station on Gear and Agency east to Wal Mart. Administrator Mandsager said the preliminary cost estimate is $283,630 and is roughly $74,000 over our original cost estimates from 1997/99. He said this is a budgeted project. The City was awarded Federal STP funds for this project in the amount of $167,200. Roll call. All ayes. Motion carried.

Consider Engineering Services Agreement for Proposed Street Improvements – Crowner moved, second by Hockett, to approve a contract with French-Reneker-Associates in the amount of $73,200 for four street projects. The projects include East Glasgow for reconstruction; S. Broadway, Longmeadow and Spring Streets for resurfacing. The total for the street improvements is estimated to be $459,160. Roll call. All ayes. Motion carried.

Discuss Street Improvements on Broadway Street – Don Jordison with French-Reneker reviewed the options for improvements to Broadway Street. Mr. Jordison explained Broadway Street serves as a minor arterial street connecting the downtown/business area, north to Mt. Pleasant Street and south to Agency and Division Streets. Each of these cross streets serve as minor east-west arterial or collector streets. The existing street is 25’ to 26.5’ back-to-back of curb and operates under two-way, two lane traffic control. Parking is permitted along the west side of the street. The lane widths are only 8.5 – 9’ wide. The narrow street width with the allowed parking substantially restricts traffic capacity for the street. Traffic flow is further interrupted by 4-way stops at Huston, Longmeadow and Van Weiss Streets.

The existing right-of-way width is 60’ wide Van Weiss to Deems Street and 80’ wide from Deems to Mt. Pleasant Street. A 4’ sidewalk exists along the west side of the street.

Mr. Jordison presented three options for improvements to the street.

Option One – Construct 6’6" base widening unit each side; rebuild two blocks, side street returns and intakes; mill existing asphalt surfaces and resurface total pavement to develop 37’ back-to-back street. The resulting width would allow for two 11’ traffic lanes and two 7’ parking lanes. As traffic increases the street could be converted to three 12’ traffic lanes (center turn lane). Evaluate need for 4’way stop at Longmeadow. Estimated cost $483,600. Total project length 6.7 blocks.

Option Two – Construct 3’6" base widening units each side; rebuild two blocks, side street returns and intakes; mill existing asphalt surfaces, and resurface total pavement to develop 31’ back-to-back street. The resulting width would allow for two 11’ traffic lanes and one 8’ parking lane. Evaluate need for 4-way stop at Longmeadow. Estimated cost $411,500. Total project length 6.7 blocks.

Option 3 – Utilize existing street width and curb and gutter units. Remove existing asphalt surface by milling, perform base repair and resurface to provide 25’ – 26’ width. Remove existing parking along west side of street. The resulting street width would allow for two 11’ to 12’ traffic lanes. Estimated cost $154,550. Total project length 6.7 blocks.

The Council agreed to discuss the project further at the September 9 Council Meeting. Hockett suggested sending notices to residents along Broadway to get their input about the street situation.

Consider Purchase of Mower for Parks – Public Works Director Fry obtained costs for a zero turning radius mower for use in the parks. He received quotes from three vendors and recommended purchasing from the lowest bidder which was Morning Sun Farm Implement.

Pilger moved, second by Johnson, to approve the purchase of a Kabota mower from Morning Sun Implement for a cost of $8,800. Voice vote. All ayes. Motion carried.

Consider Remodeling Communication Room at Fire Station – Pulled from the Agenda.

Consider Purchasing New Recording System for Fire Station – Fire Chief Astfalk obtained costs from two vendors for a new Recording System for the Fire Station. He recommended purchasing from the lowest bidder. Crowner moved, second by Johnson, to purchase a new recording system for the Fire Department from Electronic Applications for $4,346. Voice vote. All ayes. Motion carried.

Consider Purchasing Pagers for Fire Department – Fire Chief Astfalk recommended purchasing new Pagers for the Fire Department. Crowner moved, second by Pilger, to purchase twelve new pagers from Electronic Applications for $5,040. Voice vote. All ayes. Motion carried.

Consider Payment to Snyder & Associates for Water/Sewer System Study – Hockett moved, second by Pilger, to approve payment in the amount of $6,114.78 to Snyder & Associates for work completed to date on the Water and Sanitary Sewer System Study. Voice vote. All ayes. Motion carried.

Consider Pay Request for Various Capital Projects – Crowner moved, second by Pilger, to approve payment to Mike Nelson Concrete Paving in the amount of $98,204.25 for the Glasgow Storm Sewer and Paving Project; Meller Excavating & Asphalt Inc. in the amount of $36,705.25 for the Wheeler Paving – Swan to Winter & Wheeler and Winter Resurfacing; and Shipley Contracting Corp. in the amount of $6,308.67 for the Wheeler Storm Sewer and Paving Project. Voice vote. All ayes. Motion carried.

Consider Resolution Approving Preliminary and Final Plat for Danielson 1^st Subdivision – Tim Roberts, an attorney for Danielson Subdivision, presented the Preliminary Plat and Final Plat for the Danielson’s First Subdivision. He said this is a one-lot subdivision located on S. Gear Avenue across from Great River Medical Center. He said they started the one-lot subdivision seventeen feet east of Gear Avenue to allow for more right-of-way along Gear Avenue to accommodate the City for further expansion of Gear Avenue should that ever be an issue. Roberts said the land for Division Street is not part of the subdivision. He said Diviison Street would line up with the hospital entrance and would be located along the south side of this lot.

Crowner said he would not vote on a plat without agreeing where Division Street is going. He said this should have been worked out prior to any development.

Hockett moved, second by Pilger, to approve the Preliminary and Final Plat for Danielson 1^st Subdivision. Roll call. Ayes: Pilger, Hockett, Lees and Johnson. Nays: Crowner. Motion carried.

Consider Resolution Approving Preliminary Plat for Park Place West Estates Subdivision – Administrator Mandsager said the Planning and Zoning Commission reviewed a Preliminary Plat for Park Place West Estates and recommended the Council also approve the plat. He said Wally Day and Larry Duncan have proposed this subdivision, which is located west of Westhighland Subdivision and north of W. Van Weiss. The subdivision is made up of nineteen large lots and will include two cul-de-sacs. The developers do not want Vernon Street to go through because they are trying to create a subdivision that is more secluded and will not have heavy traffic flow.

Mandsager said variances to the diameter of the cul-de-sacs were granted by the Board of Adjustment on July 30.

The y are 10’ smaller than the subdivision code requires and the length is 200’ longer than code allows.

Pilger said he would have been happy seeing Vernon Street going through. Johnson said at first he agreed with Pilger but after looking further he has changed his mind.

Hockett said he does not agree that the Board of Adjustment can grant variances in this situation. He said they had no hardship to consider. He said he does not feel normal procedures were followed.

Crowner moved, second by Johnson, to approve the Preliminary Plat for Park Place West Estates Subdivision. Roll call. Ayes: Pilger, Lees, Johnson and Crowner. Nays: Hockett. Motion carried.

Recommendation of Amy Pilger as West Burlington’s Representative to Burlington Pool Committee – Council Member Hockett said he pulled this item from the Consent Agenda because he thought the Council should vote on the issue. He said he has nothing against Amy but he is concerned about having a West Burlington person on the Rec Plex Committee. He said he does not think they are really concerned about our opinion, just about our treasury. He said he suspects we will be asked to contribute later on. He said he is opposed to having a representative on their committee. Council Member Pilger said he agrees with Council Member Hockett. He said he also does not believe the City of West Burlington has any business with a representative on Burlington’s Swimming Pool Committee.

Crowner moved, second by Johnson, to approve the appointment of Amy Pilger as West Burlington’s Representative to Burlington’s Pool Committee. Voice vote. All ayes except Hockett and Pilger. Motion carried.

OLD BUSINESS: There was no Old Business to discuss.

CITIZEN’S INQUIRIES:

Steve Swafford, 622 Gear Avenue, said he asked the Council to look into adopting a fugitive dust ordinance some time ago and asked if they had done so. Administrator Mandsager said he had discussed the subject with the City Attorney.

Mr. Swafford also asked where the City was on installing water and sewer on Brushtown Road. Mandsager said the City is in the midst of filing for a Community Development Block Grant and also on the verge of a final contract with Burlington Northern Santa Fe for the project. Swafford also asked if the City was considering requiring those residents to close their wells. He said he objected to required well closures.

Nancy Wasson, 117 Spring, said she has a well and uses it to water her flowers.

Approved Terrie L. Simonson, City Clerk

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