Regular Council Meeting September 23, 2002 – 5:30 P.M. The West Burlington City Council met in Regular Session at 118 W. Wheeler Street with Mayor Trousil presiding. Council Members Crowner, Hockett, Lees, Pilger and Johnson were present. City Administrator Mandsager, Public Works Director Fry, Police Chief Walters, and Fire Chief Astfalk 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 of Regular Council Meeting – September 9, 2002

B.  Resignation of Police Officer Dan Alexander

C.  Payment to Municipal Supply – Meters and Materials (3 Invoices) $6,985.59

D.  Payment to Quad City Water Treatment – Water Analysis - $1,234.00

E.  Payment to City of Burlington for County Wide Communications - $2,619.28

F.  Purchase of Spare Blower for the New Sewage Treatment Plant – USA Bluebook - $3,467.50

G.  Payment of Claims as Presented

PROCLAMATIONS:

In recognition of The 2002 Red Ribbon National Celebration, Mayor Trousil proclaimed October 20 through 26 as Red Ribbon Week in West Burlington.

CITIZEN’S INQUIRIES: There were none.

COMMITTEE REPORTS:

SANITATION – Council Member Hockett said he had received a complaint from a neighbor of Council Member John Johnson concerning vehicles on his car lot which he said were in violation of the City’s junk vehicle ordinance. Hockett provided pictures of the vehicles. The complaint along with supporting pictures provided by Hockett will be given to the Building Inspector.

UTILITIES – Council Member Johnson said he is concerned the Mediacom wires on West Burlington Avenue are too low. He asked Administrator Mandsager to confirm with Mediacom they are high enough.

PUBLIC SAFETY – There was nothing to report.

FINANCE – There was nothing to report.

STREETS – Council Member Johnson reported there is a big hole on the south side of the railroad tracks on North Gear. He asked Administrator Mandsager to check it out.

Mayor Trousil said the Des Moines County Board of Supervisors will host a meeting to discuss the ramifications of the proposed US Hwy 34 transfer of jurisdiction to Danville, Middletown and West Burlington at a joint meeting on October 1 at the Courthouse.

NEW BUSINESS:

There was none.

 

OLD BUSINESS:

Discuss Agreement with Developers for Park Place West Subdivision – Administrator Mandsager said we had originally planned to hold a Public Hearing tonight to discuss a proposed TIF agreement for Park West Estates Subdivision. However, he said the contract amount has changed from what was published. He said a new notice will be published this week and the hearing will be held on September 30.

Mandsager said TIF projects started after 1996 must meet the LMI (low to moderate income) requirement. However he said the LMI requirement must be met by either reducing the amount of reimbursement the developer receives or by the City setting aside the amount from other sources. The LMI amount of West Burlington is $34.71%.

Other items in the agreement for consideration are attorney fees, when TIF reimbursements will begin and a statement the rebate payments are "subject to annual approval and appropriation". Without this statement the City would have to include the entire amount of the TIF agreement in our debt limit rather than the annual payments.

Nancy Wasson, 117 Spring Street, told the Council she had read a report concerning Tax Increment Financing. She said the report opposed TIF stating that it caused higher taxes for other taxing agencies in the County. She said she will provide a copy for the Council to review.

Consider Resolution Setting Public Hearing for TIF Agreement for Park Place West Subdivision –

Johnson moved, second by Crowner, to approve a Resolution setting a Public Hearing to consider a TIF Agreement with the developers of Park Place West Subdivision for Monday, September 30, at 5:30 p.m. Roll call. Ayes: Lees, Crowner, Johnson and Pilger. Nays: Hockett. 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 revised contract with BNSF to provide a one time "water use credit" in the amount of $10,224 to offset the closing of the wells in the Brushtown area. This credit will provide the City with the means to offset each resident’s water bill by $21.30 (the average water bill in the City as reported in the CDBG proposal) each month for 24 months.

Mandsager said it is his understanding that closure of the wells in a requirement for completion of this project and BNSF funding. He presented a revised well ordinance that attempts to more clearly define that a well must be closed when there is contamination or a potential for contamination. In the contract the City makes a finding that it is in the public interest to close area wells to address threats to the public health, safety, and welfare and to preclude interference with the current remediation program.

Mandsager said the City had just learned we did not receive the Community Development Block Grant the City had applied for to use to install sewer in the Brushtown area. He said the City had planned to extend sewer to those residents at the same time as water. Because the City did not receive the grant, he said we would need to investigate how the sewer portion of the project would be funded.

The following persons spoke about the project as follows:

George Miller, 406 N. Gear – Residents should not have to pay for water and sewer as long as they live there.

John Crowner, 410 N. Gear - The railroad supplied water to Brushtown residents before tests results came back.

Steve Swafford, 622 N. Gear – Water rights go along with purchase of property. He does want water and sewer just doesn’t want his rights taken away by closing his non-contaminated well.

Glen Thompson, Plank Road – Said he would not be in favor of closing wells.

Sandra Scott, 412 N. Gear – Asked why she does not have a choice about her well, and what is the reason for capping wells.

Bill Brown, 402 Broadway – Owns property on N. Gear Avenue. He wants water and sewer but doesn’t want his well closed.

Mayor Trousil said the railroad is trying to contain plume of contamination. He said residents there cannot have both – water and wells.

Council Member Crowner stated he would not be in favor of closing wells that are not contaminated.

Council Member Hockett asked if the railroad would consider paying mineral rights to residents whose wells would be closed.

Terry Davis with BNSF said the railroad’s offer to offset resident’s water bill is doing this.

Mayor Trousil said this is a three quarter million dollar project and thinks it is a good opportunity for a great deal. He said most of the residents want the project to proceed.

Johnson moved to approve the agreement with the railroad. The motion died for lack of a second.

Consider Ordinance Establishing Firearm/Weapons Free Zones in Municipal Buildings – Mayor Trousil presented an Ordinance prepared by the City Attorney to the Council for consideration. Crowner moved, second by Johnson, to approve the first consideration of an Ordinance establishing Firearm/Weapons free zones in Municipal Buildings in the City of West Burlington. Mayor Trousil asked for comments from the Council. There were none. Visitors in the audience wanted to comment on the Ordinance but the Mayor said the Council had heard all of the arguments before and did not feel they would add anything new. Council Member Hockett argued this was not the policy followed in the past. He said the Council had never denied public comment about any topic they wanted to discuss. Mayor Trousil said we have been through it all before and he doesn’t want to hear it again. He called for the roll call. Ayes: Lees, Crowner, Pilger and Johnson. Nays: Hockett. Motion carried.

Consider Resolution Waiving Second and Third Reading of an Ordinance – Lees moved, second by Pilger, to approve a Resolution Waiving the Second and Third Reading of an Ordinance. Roll call. Ayes: Johnson, Lees, Pilger and Crowner. Nays: Hockett. Motion carried.

CITIZEN’S INQUIRIES:

The following Persons commented on the Firearms/weapons Ordinance.

Laverne Schroeder, Iowa Sportsman Federation – Des Moines, Iowa – thinks the Ordinance is null and void

Lee Inghram, Danville – makes this City notorious

Steve Kershner – Burlington – teaches Hunter Safety at SCC, concerned if City should hold meetings there at the same time he was conducting his meetings.

Charles Varboncoeur - 718 Leffler - first time residents have not been allowed input on a subject. As a tax payer he doesn’t want his taxes to go up to pay because of this ordinance.

Carl Brooks – Burlington – if more persons had guns it would be safer.

Bill Kreamalmeyer – Rural West Burlington – has right by law to protect himself and family and the Council has no right to take it away from him.

Bill Mullen – Ft. Madison – asked if the City is willing to defend this Ordinance in court. Also asked why was it necessary to waive the second and third reading of an ordinance.

Sylvia Kreamalmeyer – Rural West Burlington – asked if Council was going to provide gun lock box for visitors at Council Meetings.

Ringo Covert, 3115 W. Mt. Pleasant Street – understands the situation from both sides.

Charles Varboncoeur – 718 Leffler – Concerned about weapons definition.

Al Nielson, Burlington – Council has always been opened to public discussion, thinks is it appalling no chance was provided; supposed to be democracy.

Jack Henningson, 1018 W. Mt. Pleasant Street, comments about his tax statement from the County.

Gary Scott, 530 Broadway, commended the Council on the service they provide to the citizens of West Burlington.

ADJOURN – There being no further business, the meeting adjourned at 8:13 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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