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

There were none.

PUBLIC SAFETY – Chief Walters said that the advertisement for the vacant police officer position is running until November 15^th and he will get back with council with a recommendation. Mayor Trousil commended red ribbon week participation.

FINANCE – Administrator Mandsager stated that budget preparation for the FY03/04 will begin tomorrow.

STREETS – Administrator Mandsager stated that a walk through for the Glasgow Street Project is scheduled for 9:00 tomorrow and that he plans to get everything wrapped up soon. Public Works Director Fry said that all the utility poles have been moved.

SANITATION– There was nothing to report.

UTILITIES – Council Member Hockett stated that the City of West Burlington has the highest water rates and the highest minimum usage of any other city in Des Moines County and the City’s rates need to be brought in line with the other entities. He said that he wanted the water rates and minimum usage lowered in the next budget year. Mayor Trousil stated he had done a comparison with other entities and asked them about the number of customers, water budget, capital projects, water rate structures and tax levies. He stated that if you take into consideration these factors and the differences in the communities, the City’s water rates are not out of line with other entities.

Council Member Crowner stated he was unable to attend the last council meeting and he was disappointed the council did not take a position on riverboat gambling. He stated the council has previously supported the Chamber and Grow Greater Burlington and felt the council should have addressed the issue further.

Consider Agreement with Burlington Northern Santa Fe Railway Company for the Installation of Water and Sewer Services in the Brushtown Area – Administrator Mandsager stated the City had received three additional surveys that City sent out to see if property owners were in favor of well closures. Out of 19 surveys sent, the City has only received one negative response. The cost of the project for the City would be $198,010 and for Burlington Northern Santa Fe $750,885. Johnson questioned if we would need to adjust water rates to cover the cost of the project. Johnson felt that water rates should take care of water expenses and sewer rates should take care of sewer expenses. Mandsager stated that we could TIF for LMI requirements and that an area does not have to be in a TIF district to be used for LMI. He said that a capital work session will be part of the budget process and that it can be discussed at that time where the funds will come from to pay for the project. Mandsager stated that the credits that BNSF will give residents to help with their water bill can be applied as a lump sum or apply a dollar amount per bill and that staff will come back with a recommendation. He also stated that Snyder and Associates, the City’s engineer, will negotiate the right-of-ways for the project.

Hockett objected to the project because he felt the wording of the agreement required elected representatives of the City to get approval from BNSF to change the ordinance. He stated that legislative powers given to elected officials should not be delegated to the railroad. Mandsager stated that the railroad was firm that all wells would have to be closed in order to receive funding from BNSF. Steve Swafford, 622 N. Gear, stated he felt the railroad is trying to blackmail the city and that the well closure ordinance should be enforced city-wide. He felt that if you have pure and wholesome water you should not be forced to hook up to city and that it was not right to force residents to close their wells. Johnson stated that stipulations in the contract are not blackmail and that many contracts and agreements have conditions; such as the agreements with COBO and Borghi that had requirement for the number of employees and the wages. Johnson moved, second by Pilger, to approve the funding agreement. Crowner thought paragraph 11 of the agreement should be changed to refer to exhibits A, B, C, D, E, and an acceptable well ordinance (take out exhibit F and replace with the words mutually acceptable well ordinance). Roll Call. Ayes: Pilger, and Lees. Nays: Crowner, Hockett and Johnson. Motion failed.

Johnson moved, second by Crowner, to approve the funding agreement with BNSF for installation of water and sewer and to change the reference to Exhibit F to read acceptable well ordinance. Roll Call. Ayes: Lees, Crowner, Johnson and Pilger. Nays: Hockett. Motion Carried.

Consider Ordinance Regulating Construction, Installation, Maintenance, Operation or Use of Non-Public Water Wells or Non-Public Water Supply Systems and Providing Penalties for Violations – Hockett stated concerns about who would determine if the well was potentially unsafe and he wanted true and compelling evidence before wells are forced to close. He said there is too much that can be left open to interpretation. Crowner said he had concerns with the word potential and who would enforce the ordinance. Mandsager stated it would be typically complaint based or some issue would drive the city to seek testing of the well. Crowner wanted some kind of evidence. He had trouble with the word potential. Mandsager stated that Section 3 of the ordinance refers to the evidence needed. Lees stated that the purpose of the ordinance is to stop the plume and there is evidence that some of the wells are contaminated with chloroform and chemicals. Kelly Wills, 1117 Brushtown Road, suggested the words "evidence of potential contamination" to be used. Pilger stated all wells in the City should be capped because of the possibility of well water getting into the City’s water system and the City would be liable for any damages to residents. Crowner stated that for him to vote on this ordinance, the words evidence of must be inserted to read evidence of potential contamination.

Crowner moved, second by Lees, to approve the first reading of the ordinance with the evidence part changed before the second reading. Roll Call. Ayes: Crowner, Johnson, Pilger and Lees. Nays: Hockett. Motion carried.

Consider Ordinance Amending Speed Regulations on North Gear Avenue – Second Reading – Pilger moved, second by Crowner, to approve the second reading of an ordinance 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. Hockett said that North Gear Avenue is an arterial road and other arterial roads in the City have a speed limit of 30 M.P.H. and the residents on North Gear have petitioned to have it at 25 M.P.H. Johnson stated that 35 was too slow coming into town from the City limits to the Raider Property. Roll Call: Ayes: Pilger, Lees, Crowner, and Hockett. Nays: Johnson. Motion carried.

Consider Ordinance Amending Chapter 38 of the Municipal Code Concerning Abandoned Vehicles – Second Reading - Lees moved, second by Pilger, to approve the second reading of the ordinance amending Chapter 38 of the Municipal Code concerning Abandoned Vehicles. At the first reading there was discussion about referring to state code to shorten the length but Administrator Mandsager recommended leaving the ordinance as previously approved. Roll Call: Ayes: Johnson, Pilger, Lees and Hockett. Nays: None. Motion carried.

Consider Purchase of Materials for Railroad Crossings – Administrator Mandsager said the railroad could repair the crossings at Washington Road and Beaverdale Road in two weeks if the council approved the purchase of materials. Larry Taeger, 14848 Flint Bottom Road, stated that the tracks have been rough for years and asked why the tracks have not been repaired. Trousil stated the railroad is responsible for the tracks and the City is responsible for the approaches. He stated the City has been contacting the railroad at least once a month to get repairs done. Mike Brouwer, 422 Washington Road, commented that other Cities have repaired their railroad crossings in order to provide safer crossings and that the railroad is 8-12 years behind in repairing the tracks. Pilger asked why if we bought the concrete pads the railroad would have time to make the repairs now and if we didn’t buy the pads it would take them 8-12 years to do the work. Jack Hays, 1132 Woody Lane, stated that the tracks have been bad since 1965. Crowner moved, second by Hockett, to approve the purchase of concrete pads for the railroad crossing at Washington and Beaverdale Roads in the amount of $22,564.18. Pilger and Lees said they did not want to set precedence and have to pay for the crossing from this day forward. Voice Vote: All Ayes except Pilger who voted Nay. Motion carried.

Consider Amending 28E Agreement with Des Moines County for Ethanol Road – At the last council meeting the council approved request from the county for the estimated share of engineering and grading for the new Ethanol Road. J. D. King, County Engineer, stated that he had some revised figures for the road. The estimate for the engineering remained the same at $9,000; grading and associated work changed to $67,700; and the ROW are still being negotiated. This request would result in a $27,700 addition to be added to an amended 28E agreement. King said that he did not need an immediate response. No action taken.

Consider Payment to City Township Ambulance Association for Ambulance Service and Capital Equipment Replacement – Lees moved, second by Crowner, to approve payment to the CTAA for the City’s share of the annual operating expenses for FY02 in the amount of $5,238.11 and $35,365.18 for the capital replacement fund. Mandsager stated that the next meeting is November 14^th with the City Township Ambulance Association and the City of Burlington to exchange information regarding the service and the acquisition of capital equipment. Voice Vote: All Ayes. Motion carried.

Consider Agreement with Iowa Department of Transportation for Federal-Aid for Road Projects – Hockett moved, second by Lees, to approve the agreement with IDOT for Federal-Aid for Road Projects. Estimated costs for the projects are $283,630 with total federal aid standing at $167,200. Mandsager stated that the federal aid requirements are submitted through our engineering firm with a state bid letting. Voice vote: All Ayes. Motion carried.

Consider Payment to French-Reneker and Associates – Hockett moved, second by Crowner, to approve payment to French-Reneker in the amount of $2,970 for preliminary design of approximately 13 blocks at various locations as part of the City’s 2003 Street Improvement Program; $2,642.66 for the Wheeler Street and Glasgow Street Project; $2,800.00 for the East Glasgow Street between Broadway and Winter Streets Project. Johnson stated that he was still not satisfied with the offset in the street. Voice Vote: All Ayes except Johnson who voted Nay. Motion carried.

Consider Maintenance Agreement on Copier/Printer – City Accountant Sattler explained that when the council approved the purchase of the copier they decided to review the maintenance agreement when the four-month warranty was going to expire. J & S Electronics quoted the price at $642.00 for 107,000 copies per year and .007 cents per copy overage. Crowner moved, second by Johnson, to approve the maintenance agreement. Voice vote: All Ayes. Motion carried.

Consider Kimberly Street Drainage Improvements – Crowner moved, second by Hockett, to approve repairs to Kimberly Street to help solve some of the drainage problems and standing water in the area. The cost estimates for materials is $4,676 with the city crews doing the work. Mandsager said that the work should be done this year. Voice Vote: All Ayes. Motion carried.

Consider Purchase of Community Park Playground Equipment - Administrator Mandsager stated the new equipment would be located south of the shelter. He submitted preliminary drawings for concessions for the council to review but had no costs available. Mandsager stated he is looking into adult exercise equipment for Leurs and Community Park. Crowner moved, second by Hockett, to approve the purchase from Outdoor Recreation Co. in the amount of $28,837.55 for playground equipment for Community Park. Voice Vote: All Ayes. Motion carried.

Consider GGB Request for the City’s Share of Burlington Area Development Fund COBO –Hockett moved, second by Crowner, to approve the pay request for the City’s share of Burlington Area Development Fund for COBO in the amount of $37,333.33. This is for a forgivable loan for COBO International. The total award is $112, 000 for 43 jobs, with each partners share (Chamber, City of West Burlington and Des Moines County) being $37,333.33. Voice Vote: All Ayes. Motion carried.

CITIZEN’S INQUIRIES: - Kelly Wills wanted to know if a sidewalk could be constructed along North Gear Ave. Mandsager stated that the City would look at it and bring a recommendation back to council.

MAYOR’S INQUIRIES: - None.

CLOSED SESSION: Evaluation of City Administrator – Lees moved, second by Pilger, to go into Closed Session in accordance with Chapter 21 of the Iowa Code concerning the Iowa Open Meetings law. Roll call. Ayes: Pilger, Johnson, Lees, Crowner and Hockett. Motion carried.

The closed session ended at 8:33 p.m.

ADJOURN – There being no further business, the meeting adjourned at 8:34 p.m. upon motion by Johnson, and second by Crowner. Voice Vote: All Ayes. Motion carried.

Approved Greggory D. Mandsager, Deputy City Clerk

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