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

Dean Robinson – 601 Swan St., thanked the Police Department, Mayor and City Council for their help with problems with dogs in the neighborhood. He said the problem with the dogs attacking citizens and barking was resolved and was very appreciative of the City for helping to solve the problem.

UTILITIES – Council Member Hockett had prepared a comparison of water rates. He stated that the City of West Burlington has the highest water rates and the highest minimum usage of any other city in the Des Moines County. Pauline Rein, 417 West Burlington Avenue, said that she was very conservative with her water and was a single-person household and she wanted the minimum water usage lowered.

PUBLIC SAFETY – Police Chief Walters stated that with the resignation of Officer Alexander the department is an officer short. He stated that presently his staff is at 9 with 10 reserve officers. Out of eight original applications four are still available. Of the four none have had academy training which costs approximately $2500.00. Walters will advertise the position again and come back with a recommendation.

Fire Chief Astfalk stated that pancake breakfast held on October 12^th raised about $2,700 before expenses and he approximates about $2,000 after expenses. Council Member Pilger said that Astfalk showed him around the Communications room and a lot of the equipment is very old and needs replacing.

FINANCE – Mayor Trousil stated that the City still needs a representative to the Southeast Iowa Regional Airport Authority. He asked that council members think about any likely candidates. Mayor Trousil expressed condolences on behalf of the City to the family of Art Engle who was the City’s representative.

Mandsager also stated that Metzger Johnson requested a work session on November 4^th to discuss plans for the new city hall. He stated that the November 11^th council meeting falls on Veteran’s Day and that we could make the work session on November 4^th into a regular council meeting. There were no objections. Mandsager asked that City Administrator evaluations be returned by Monday at the latest to be put on the next council meeting agenda.

STREETS – Administrator Mandsager stated that Public Works has installed the new soccer nets and sand volleyball at Longmeadow Park. Other playground equipment has arrived and will be installed soon. Mandsager stated that Boy Scout Troop 214 had planted plants and that he is still waiting to hear from Alliant Energy about when they are going to install the lighting. He expects the lighting to be installed this fall. Mandsager said he plans to have the council look at play ground equipment at the next council meeting. He said he has also been working with Metzger Johnson for options for concession stands.

SANITATION– There was nothing to report.

Consider Ordinance Amending Speed Regulations on North Gear Avenue – First Reading –Police Chief Walters had received a petition from residents along North Gear Avenue requesting a review of the current speed limits. After review Chief Walters recommended amending the 25 M.P.H. speed limit on North Gear Avenue from Mt. Pleasant St. to a point 880 feet north of Brushtown Road and adding a 35 M.P.H. speed zone starting 880 feet North of Brushtown Road to the north City Limits and deleting the 40 M.P.H. speed zone on North Gear. Larry Olsen, 901 Brushtown Rd., stated that people are constantly running the railroad track when the signal arms are down. Kelly Wills, 1117 Brushtown Rd., said there are a lot of children in the area and the traffic goes too fast and that the tracks are blocked a lot. Randy McPherson, 408 N. Gear, and Kelly Wills stated that their children have been late to school on numerous occasions because of the track blockage. Administrator Mandsager stated that he and Chief Walters are working with the railroad on not blocking the tracks. The railroad is to stop prior to reaching Beaverdale Road and to not stop on Gear Ave. Johnson expressed concern that the area would become a speed trap and that the speed for the stretch of road coming into town to the first drive would be too low. Lees moved, second by Pilger to approve first consideration of an ordinance amending speed regulations on North Gear Avenue. Roll Call: Ayes: Pilger, Lees, and Hockett. Nays: Johnson. Motion Carried.

Consider Ordinance Amending Chapter 38 of the Municipal Code Concerning Abandoned Vehicles –

Chief Walters stated the process for handling abandoned vehicles has been changed by the State and that the City needs to rewrite it to comply with the requirements the State has set under State Code 321.89. Walters stated the change needs to be made in order for the revenues for the citations to come back to the City. Hockett questioned whether we could just adopt the code section by reference. Mandsager suggested we pass the first reading and modify it later. Walters suggested that when improvements are made to the public works facility that the City may in the future start storing vehicles on city property instead of storing them at the towing facility. Hockett moved, second by Pilger, to approve the first consideration of an ordinance amending Chapter 38 of the Municipal Code Concerning Abandoned Vehicles. Roll Call: Ayes: Lees, Hockett, Johnson, and Pilger. Nays: None. Motion Carried.

Consider Payment to McClure Engineering - Hockett moved, second by Pilger, to approve payment to McClure engineering in the amount of $2,700 for the Westland Mall Detention Study and to pay $6,000 for the West Agency Road engineering. Voice Vote: All Ayes. Motion Carried.

Consider Payment to Shoemaker & Haaland – Hockett moved, second by Pilger, to approve payment to Shoemaker & Haaland in the amount of $1,660.60 for engineering services for Community Park development. Voice Vote: All Ayes. Motion Carried.

Consider Payment to Snyder & Associates – Hockett moved, second by Pilger, to approve payment to Snyder & Associates in the amount of $2,248.20 for traffic signal improvements at S. Gear Avenue and Westland Mall.

Voice Vote: All Ayes. Motion Carried.

Consider Payment to Metzger and Johnson to Design New City Hall – Johnson moved, second by Pilger, to approve payment to Metzger and Johnson in the amount of $2,479.75. Voice Vote: All Ayes except Hockett who voted Nay. Motion Carried.

Consider Payment to French-Reneker and Associates – Hockett moved, second by Pilger, to approve payment to French-Reneker in the amount of $2,056.59 for the Wheeler Street between Swan and Winter Street engineering. Council Member Lees questioned the alignment of the street from Swan to Winter. Don Jordison, French Reneker, stated that the street was lined up but rather the original street was offset. When the new street past the City Hall was reconstructed it was offset. Johnson stated that the plans do not show an offset and that he does not want any offset. Jordison stated that you must work with existing facilities and adjustments may need to be made for such items as trees and utilities. Voice Vote: All Ayes. Nays: None. Motion Carried.

Consider Resolution Accepting the West Wheeler Storm Sewer and Paving Project – Hockett moved, second by Pilger, to accept the West Wheeler Storm Sewer and Paving Project and consenting to release of retention in the amount of $15,496.98 to Shipley Contracting. Don Jordison stated there are some small cracks at the east end of Schwartz. He stated that this is the nature of concrete and that it is around a double intake and double box out. He recommends trying some saw and sealing crack to alleviate the problem. Roll Call: Lees, Hockett, Johnson and Pilger. Nays: None. Motion Carried.

Consider Pay Request for Various Capital Projects – Hockett moved, second by Pilger, to approve payment to Meller Excavating & Asphalt, Inc. Paving in the amount of $12,806.75 for the Wheeler and Winter Street Project and Mike Nelson Concrete Paving Co. in the amount of $147,648.39 for the for the Glasgow Storm Sewer and Paving Project. Johnson questioned French Reneker Engineer, Don Jordison, about the offset of the first block of Glasgow St. Jordison said that was done to save five trees and that the paver took more room than anticipated. Johnson requested that the offset and the angles done on the street should not have been done and that in the future any change orders be in writing. Jordison stated that the street will perform well. Lees questioned the policy on replacing sidewalks on the project. Mandsager stated that if the sidewalks are over 3’ and in good condition they are not to be replaced. Lees stated she was worried about the root systems for the trees and snow plow hitting the curbs in winter. Voice Vote: All Ayes except Johnson who voted Nay. Motion Carried.

Consider Change Order #2 E. Wheeler Street – Hockett moved, second by Pilger, to approve change order #2 for the East Wheeler Street Project. The work order was for a core of unsuitable material 12’ wide for full east block – Swan to Winter. During removal it was found necessary to core a slightly wider trench. Also, during the paving operation a soft area in the west block had to be removed and backfilled with rock. The asphalt quantities under ran on the project. The net result was a decrease of $9,094 for the change order.

Voice Vote: All Ayes. Nays: None. Motion Carried.

Consider 28 E Agreement with Des Moines for 103^rd Street (Ethanol Road) – The County is requesting $70,000 for the estimated share of engineering and grading for the new Ethanol Road. Hockett asked J.D. King, Des Moines County Engineer, when the ethanol plant plans to begin construction. King said they are going to close on the land October 18^th and constructions is to begin in late fall. King stated that we are waiting for the RISE application for the paving portion of the project. He stated with a Rise grant (50/50) the paving cost would be $64,000 and without it $128,000. Mandsager stated that the road would allow a better opportunity for development in the area but the County did abate the taxes for 20 years without consulting with the City and now the County wants the City to share in the cost of constructing the road. Hockett suggested the City Attorney look at the contract. Hockett moved, second by Johnson, to approve the 28E Agreement with the County for engineering and paving of 103^rd Street (Ethanol Road). Voice Vote: All Ayes. Nays: None. Motion Carried.

Consider Purchase of Materials for Railroad Crossings – Administrator Mandsager received quotes from American Concrete for materials for the Washington Road and Beaverdale Road railroad crossings. The quote was for $22,564.18. If the City bought the materials, Burlington Northern Santa Fe Railroad would provide the labor and installation. Lees stated that the railroad has not been very cooperative with the City. They have left trains blocking tracks on numerous occasions. Also the City is being forced to take over more highways. Mandsager stated that federal funds (90/10 cost share) are not available until August 2003 and that state funds will not be available for years. Hockett and Lees did not want to set a precedence. Hockett stated that it is the railroad’s responsibility but questioned the possibility that if we do the work now we can be reimbursed later when funding comes through. Pilger stated that the railroad has not been willing to work with us. Johnson stated that the crews are in town now and that if we wait on the railroad they take a long time to get anything done. Mandsager stated that he thought we could get the materials in time and would check with the railroad. Johnson moved to delay until the next council meeting in order to give Administrator Mandsager an opportunity to discuss a timetable with the railroad. Died for lack of a second.

Consider Glasgow Change Order –Administrator Mandsager received a quote from Mike Nelson Co. to widen Glasgow approximately 2 feet from the alley to the next intersection at Leffler Street for $25,000. This change order was an option Mandsager received in order to correct the offset of the street. Mandsager stated that the quote was high and felt it was an attempt by Nelson to recoup their losses should we agree to the change and that their schedule is too full to do the work at this time. Don Jordison, engineer from French-Reneker, agreed that the cost estimate was high. He estimated the cost would be about $9,600 plus the cost of tree removal. Trousil stated that with the small amount of traffic on the road the cost is not worth it. He stated it is not a traffic hazard and does not need to be done. Johnson stated the offset is very noticeable and that he felt the paver or engineer should pay for it. He said that several factors affect the way a street is laid out including trees, the specifications for the paving machines, underground utilities and the right-of-way. He stated that there is no functional problem with the street. Trousil stated that in the future the City should look at the plans and set the tree removal policy before the street is constructed. No action was taken.

Consider Resolution of Support for the Continuation of Riverboat Gambling – Mayor Trousil stated he received a letter from the City of Ft. Madison requesting that the City adopt a resolution in support of continuation of riverboat gambling. Trousil stated the riverboat does employ many people and citizens do enjoy going to the boat. Hockett stated that the citizens should decide if riverboat gambling stays. No action taken.

OLD BUSINESS:

Consider Agreement with Burlington Northern Santa Fe Railway Company for the Installation of Water and Sewer Services in the Brushtown Area – Council Member Pilger stated the he felt Council Member Crowner should be present before a vote is taken. Mandsager said that this item was not going to appear on the agenda but the Hawk Eye Newspaper reported that it was going to be on the agenda and he expected several residents from the area to be at the meeting so he included it.

Kelly Wills, 1117 Brushtown Road, wanted to know how the $10,000 water credit bill came about. She said the residents should be negotiating with the railroad, not the City. She said that she is a family of six and $22.00 per month credit is not going to be enough. Mandsager stated that an average water bill was provided to the railroad and that any of the negotiations the railroad has done with the City does not preclude the residents from seeking any additional damages. Wills expressed concern if structures on her property were going to be affected and wanted to know if the city was going to negotiate the easements. Mandsager stated that the City would be negotiating easements.

Larry Olsen, 901 Brushtown Road, spoke in favor of the agreement. He stated that the property values will go up with the city services provided and without the agreement with the railroad they might have to wait another ten years for the services. Lees questioned how the City was going to pay for the $200,000 that was the City’s portion and since it was not in a TIF area. Mandsager stated that the city could use TIF funds if the area was designated a LMI (Low/Moderate Income) area..

Mr. Bray, 1018 Brushtown Road, thought there should be a penalty for those who do not want to close their wells and decided to hook on later. Trousil stated that a condition of the agreement with BNSF is that all wells must be closed. Mandsager pointed out that there is no cost to residence to hook up the water and sewer lines. Hockett stated he has a problem with the word "potential" of contamination in the well ordinance. Hockett said that we could possibly close every well in town if we included the word potential.

Mr. Bill Brown, 402 Broadway, who owns property on Brushtown Road suggested closing the wells later that are further away. He said the railroad officials said that they would look into closing the wells further north at a later time. Ms. Wills suggested getting the residents with wells further away to sign a waiver. Mr. Olsen suggested passing up the people who do not want it and let them pay dearly for it later.

Mandsager said that he would check into the possibility of substituting the word potential. No action taken.

CITIZEN’S INQUIRIES: - None

MAYOR’S INQUIRIES: - Red Ribbons parade will be on Wednesday, October 23^rd.

Approved                                         Greggory D. Mandsager, Deputy City Clerk

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