Lees moved, second by Crowner, to approve the Consent Agenda as presented. Voice vote. All ayes except Hockett who said he was opposed to a claim which he will discuss under Finance. Motion carried.

Bill Cary, Shive-Hattery Engineers - North Gear Avenue Corridor Plan – Mr. Cary reviewed the findings of the North Gear Avenue Corridor Advisory Committee. He explained the project consists of the development of a corridor transportation plan for improvements on Gear Avenue in the vicinity of Mt. Pleasant Street. The transportation planning efforts includes the development and evaluation of alternatives and then preparation of a transportation plan that addresses the safety and operational issues related to the offset tee for the north and south legs of Gear Avenue at the Mt. Pleasant Street intersection. He said a critical aspect of the planning process was working closely with a project advisory committee and a technical advisory committee with the goal of reaching a broad-based community consensus on the recommendations for improvements. This effort was intended to create opportunities for grants and external funding participation for the recommended plan.

Mr. Cary said the Committee developed 4 alternatives and from these 4, on an 8 to 2 vote, recommended alternative 3. Alternative 3 is the relocation and reconstruction of the North leg of Gear Avenue to align with South Gear. The relocation of N. Gear Avenue along with traffic signalization and the creation of left turn lanes on Mt. Pleasant Street through re-striping and widening will provide a seamless N-S route through town while meeting the project objectives. The cost estimate for Alternative 3 is $1,450,000.

Mr. Cary said the short-range plan components are as follows:

1.  Install a traffic signal at the Mt. Pleasant intersection only at S. Gear Avenue with the previously approved Traffic Safety Funding grant.

2.  Maintain stop sign control at N. Gear Avenue.

3.  Seek funding sources for other proposed project components.

4.  Construct common elements: three-lane Mt. Pleasant St. (east), three-lane S. Gear Avenue, and five-lane Mt. Pleasant (west) to provide left-turn lanes in all directions.

Long-Range plans components:

1.  Acquire right-of-way for the new alignment in accordance with federal-aid guidelines.

2.  Construct the new alignment to the north and tie into the existing N. Gear Avenue alignment at railroad track crossing.

Future Considerations:

1.  Pursue the evaluation of the grade-separated railroad crossing with further study to determine the feasibility and justification for construction

2.  Construct grade-separated crossing if warranted and funded.

3.  Incorporate bikeway components in roadway planning efforts.

Advisory Committee Members Lester Plath, Kent Gaudian, Brad Deery, Craig Wagenbach and Therese Lees spoke in favor of the alternative. Committee Member Steve Swafford disagreed with the alternative.

The Council will consider adopting the plan at the next Council Meeting.

Larry Jackson – Iowa Department of Transportation – Change in Jurisdiction Mt. Pleasant Street – Larry Jackson with the Iowa Department of Transportation told the Council the IDOT Policy Board has elected to transfer portions of Highway 34 to local entities (Des Moines County, Middletown, Danville and West Burlington). He said this has been made a required element for the paving of new Highway 34. The section of road in West Burlington is on Mt. Pleasant Street just east of the new interchange going west to our city limits. Mr. Jackson said before the transfer of jurisdiction is made the State will place the road or street in good repair or provide for the transfer of money to the appropriate jurisdiction in an amount sufficient for the repairs to the road or street and any structures on the road or street.

The Council agreed this would be tough to take on a large portion of a four lane road. They felt this should have been discussed with these entities before the decision was made. Mr. Jackson said the state is willing to work with all entities to develop an agreement as best they can.

FINANCE – Administrator Mandsager said the Council needs to hold a couple Work Sessions to discuss the Water and Wastewater Study and meet with Metzger to discuss mechanical/electrical and building dimensions for City Hall. The Council agreed to meet with Snyder and Associates on September 30 and Metzger on September 16.

Council Member Hockett said he was disappointed the other Council Members had decided to purchase a sign to place on the site where the New City Hall is to be built. He said he asked for the topic to be placed on the Agenda for discussion. He said he thought the sign was an unnecessary expense and he was disappointed with the process that was followed to make the purchase. Council Member Johnson said after the amount of discussion that has taken place concerning the site he thought the community needed to know where City Hall is going. He said since there are other Broadway Street businesses relocating to other areas or closing he thought it would send a good message to prospective occupants.

Administrator Mandsager said he will be meeting with Mike Steinman on Friday to discuss plans for Community Park. He also said the Council needs to meet with COBO International representatives to discuss whether or not the City is interested in developing a TIF agreement for their building. A date will be set for a Work Session prior to the next regular Council Meeting.

STREETS – J. D. King, Des Moines County Engineer, told the Council the County is applying for a RISE Grant for the paving of the road in the Beaverdale Road vicinity. He said portions of 103 Street and the new Ethanol Road are in the City and he asked the Council to commit to sharing $250,000 grant match. The Council agreed they are in favor of the grant application, however will consider the City’s contribution.

SANITATION – Council Member Hockett said since there were reports of storm water backing up into residential basements from the recent rains, he hopes the City will reserve some TIF funds for storm sewer work around town. He said incentives are fine when they create jobs but lets not forget about residential areas.

The Council received an update from Water Billing Clerk Kelly Fry concerning the Water Meter Replacement Program.

UTILITIES – There was nothing to report.

PUBLIC SAFETY – Police Chief Walters said he met with representatives from Burlington Northern Santa Fe Railroad last week. He said he will set a meeting for a later date so other City Staff can attend. He said he is working with Burlington dispatch to track calls concerning trains blocking the road within City Limits.

Consider Intergovernmental Agreement for Combined Law Enforcement Operations – Lees moved, second by Crowner, to approve a 28E Agreement for combined law enforcement operations between and among the City of Burlington, City of Danville, City of West Burlington and Des Moines County. The agreement provides for law enforcement officers to perform law enforcement duties outside of the territorial limits of the political subdivision or institution where such officers are legally employed. Voice vote. All ayes. Motion carried.

Consider Agreement with Burlington Northern and Santa Fe Railway Company for the Installation of Water and Sewer in the Brushtown Area – Administrator Mandsager presented a funding agreement with Burlington Northern Santa Fe for installation of water and sewer in the Brushtown Area. He said the City Attorney has reviewed the document. The contract spells out how the costs of the proposed Brushtown Water and Sewer project are apportioned between the City and BNSF. He said the contract calls for this project to be let as a city project with funding assistance from either or both the state and BNSF. He said we should know by the middle of March whether or not the City will receive funding from the State via a CDBG Application. With the CDBG funding the City would be responsible for $98,008 and BNSF would be responsible for $561,440. Without funding the City would be responsible for $198,010 and BNSF for $750,885.

He said the contract does require the City to adopt a well ordinance (city wide) which requires the City to close wells that are essentially a danger to public health.

Steve Swafford, 622 N. Gear Avenue asked why the City isn’t making the railroad clean up the contamination they have caused. He said if the City adopts this ordinance they are denying free use of water to those residents who currently have wells. He said the railroad is trying to strengthen the contract with the City. John Crowner, 410 N. Gear Avenue, said he thinks the railroad is using the City to do their dirty work.

Lees moved, second by Hockett, to table consideration of the agreement until City Staff can meet with a representative from the railroad and also discuss the issue with a representative from EPA. Voice vote. All ayes. Motion carried. Lees said it would be a good idea to have these representatives present at a Council Meeting for further discussion.

Consider Resolution or Ordinance Concerning Firearms in all Municipal Facilities – The Council considered adopting a policy (Resolution or Ordinance) regarding firearms in municipal facilities. The following people spoke in opposition to such a policy stating State Code does not allow municipalities to enact 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 this state; Bill Kremalmeyer, Bill Mullen, Al Nielson, Charles Varboncoeur and Dan Hockett. Nancy Wasson asked if such a policy were adopted how would it be enforced.

After considerable discussion Crowner moved, second by Lees, to table the consideration until appropriate language can be developed. Voice vote. All ayes except Hockett who voted nay.

Consider Approval of Equipment Purchases in Longmeadow Park – Crowner moved, second by Lees, to approve the purchase of several pieces of equipment for Longmeadow Park at a cost of $12,634.25 plus the cost to increase the swing to multiple swings. Voice vote. All ayes. Motion carried.

Consider Approval of Payment to Snyder & Associates Engineering Services – Hockett moved, second by Lees, to approve payment to Snyder & Associates in the amount of $5,933.67 for engineering services on the Mall Traffic Signal and the Water and Sewer System Study. Voice vote. All ayes. Motion carried.

Consider Change Order to Gear Avenue and Westland Mall Traffic Signal Project – Hockett moved, second by Crowner, to approve a change order for the Mall Traffic Signal. The Change order involves a new controller cabinet instead of using the existing cabinet which is approximately 15 years old, is too small and does not provide accessories necessary for installation of proposed signal. Voice vote. All ayes. Motion carried.

Consider Engineering Services Agreement for Storm Water – Mall Detention Study – Administrator Mandsager presented an engineering proposal with McClure Engineering to study the mall detention pond, the outlet to that which heads under Mt. Pleasant Street and a portion of storm water south and west of the Deery property. The engineering proposal is in the amount of $9,000; Brad Deery has agreed to pay $5,000 of that amount.

Lees moved, second by Crowner, to approve an Engineering Services Agreement for Storm Water – Mall Detention Study. Voice vote. All ayes. Motion carried.

Consider RISE Application for Division Street Extension – Administrator Mandsager presented a copy of the RISE Grant Application which will be submitted to the State regarding funding for Division Street. He said the cost of the road extension is $750,300 and the amount of the grant is $375,150. He said at this point it is a 50/50 match because we have not met job requirements necessary for 80/20. However he is still working on the application. He said a Resolution from the Council is necessary at this time. The deadline for the application is September 1.

Hockett moved, second by Lees, to approve a Resolution authorizing a RISE Grant Application to be submitted to the Iowa Department of Transportation requesting a grant of $375,150 for the Division Street extension construction project with required matching funds to be provided by the City of West Burlington. Roll call. Ayes: Hockett, Lees, Crowner and Johnson. Nays: None. Motion carried.

OLD BUSINESS: There was no Old Business to discuss.

CITIZEN’S INQUIRIES:

Charles Varboncoeur asked if the test for the Emergency Disaster Signal could be done in the evening instead of the day. Staff will check with Emergency Management.

Approved                                                             Terrie L. Simonson, City Clerk

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