Regular Council Meeting March 24, 2003 – 5:30 P.M.
The West Burlington City Council met in Regular Session at 118 W. Wheeler Street with Mayor Trousil presiding. Council Members Johnson, Hockett, Pilger, Lees and Crowner were present. City Administrator Mandsager, Public Works Director Fry and Building Inspector Hoy were also present. Lees moved, second by Pilger, to approve the Agenda as presented. Voice vote. All ayes. Motion carried.Crowner moved, second by Pilger, to approve the Consent Agenda as presented. Voice vote. All Ayes. Motion carried.
A. Approve Minutes of Regular Council Meeting – March 10, 2003
B. Approve Minutes of Special Council Meeting – March 13, 2003
C. Review Minutes Board of Adjustment Minutes – March 13, 2003
D. Approve Payment to Municipal Supply – Water Meters - $6,900.00
E. Approve Payment to Quad City Water Treatment Co. – Wastewater Tests - $1,044.00
F. Approve Payment to Southeast Iowa Regional Planning Commission – Annual Dues - $1,894.00
G. Approve Contracting with Municipal Street to Lock in Price for Sealcoat Project
H. Approve Training for City Clerk – Iowa Municipal Finance Officers
I. Approve Payment of Claims as Presented
CITIZEN’S INQUIRIES: Polly Rein, 417 W. Burlington Avenue, asked if comments would be allowed when the Council considered the Ordinance concerning Load Limits under Old Business. Mayor Trousil said that comments would be allowed.
COMMITTEE REPORTS:
STREETS – Administrator Mandsager reported he had been corresponding with Don Jordison with French-Reneker concerning the proposed street improvements (Glasgow and Longmeadow Paving). He said the Council would need to determine the amount of liquidated damages for the project. He warned if the schedule is set too tight or the contractor believes the liquidated damages is unrealizable, then the number of bidders and bid prices could be adversely affected.
SANITATION – Public Works Director said Spring Clean-Up was scheduled for April 28th and May 5th.
UTILITIES – Resolution Concerning Utility Bills for Active Duty Personnel – Mayor Trousil recommended the Council adopt a Resolution concerning utility bills for active duty personnel. He said any person living in West Burlington who is a member of the active or reserve unit of the armed forces of the United States and is called to active duty should receive credit of up to 8,000 gallons of water per month. He said credit for sanitary sewer, garbage and recycling should also be allowed. The Council Members agreed to consider a Resolution at the next Council Meeting.
PUBLIC SAFETY – Administrator Mandsager said he is doing references checks for the candidates for Police Chief. He said April 26 is the targeted date for interviews.
Mandsager also said Officer Covert will begin attending the Police Academy in mid April.
FINANCE – There was nothing to report.
NEW BUSINESS:
Consider Payment to French-Reneker-Associates for Engineering Services – Lees moved, second by Pilger, to approve payment in the amount of $8,945.00 to French-Reneker for Engineering Services for Street Projects. Voice vote. All ayes. Motion carried.
Consider Waiving Preliminary and Approve Final Plat of 4th Addition to Wildlife Lakes Subdivision – Hockett moved, second by Crowner, to approve a Resolution waiving the Preliminary Plat and approving the Final Plat for the Fourth Addition to Wildlife Lakes Subdivision. This is part of a large subdivision belonging to Henry Bohlen and is located off Washington Road within the two-mile zoning district. Roll call. Ayes: Hockett, Pilger, Johnson, Crowner and Lees. Nays: None. Motion carried.
OLD BUSINESS:
Consider Ordinance Amending Chapter 74 Concerning Turning Regulations – Second Reading – Hockett moved, second by Johnson, to approve the second reading of an Ordinance amending Chapter 74 of the Municipal Code concerning turning regulations. Currently the Code allows right turns on red signal at all intersections except Mt. Pleasant Avenue and State Highway 406. Approval of the Ordinance will allow right turns at that intersection also. Roll call. Ayes: Crowner, Hockett, Johnson, Pilger and Lees. Nays: None. Motion carried.
Resolution Waiving Second and Third Consideration of an Ordinance – Lees moved, second by Pilger, to approve a Resolution waiving the Third Consideration of Ordinance 528, an ordinance concerning turning regulations. Roll call. Ayes: Hockett, Crowner, Lees, Johnson and Pilger. Nays: None. Motion carried.
Discuss Zoning Code Concerning Street and Sidewalk Requirements – Administrator Mandsager said Planning & Zoning proposed two changes to the Zoning Code. The first is concerning the type of material used for constructing streets in R-2 districts. Current code refers to sealcoat as an approved method of street construction. The second change involves adding a paragraph from R-2 concerning street and sidewalk requirements to section R-1.
Administrator said after reviewing these proposed modifications he believes these items are addressed in the Subdivision Ordinance. He said no action is required by the Council at this time; he said Planning and Zoning needs to re-address the issue first.
Consider Ordinance Establishing Load Limits on Certain Streets – Mayor Trousil explained the proposed Ordinance was drafter to designate a truck route through town. Our current code designates multiple streets as truck routes with 7-ton limits. The proposed ordinance limits a vehicle whose gross weight is greater than seven tons on any street in the City unless it is designated as a truck route. The designated truck routes shall consist of the following streets or parts of streets: West Burlington Avenue, Agency Road, Mt. Pleasant Street, Gear Avenue, Division Street (from Gear Avenue to the City Limits), State Highway 406 (Beaverdale Road to Agency Road), Washington Road (from State Highway 406) and Beaverdale Road (from State Highway 406).
Polly Rein, 417 W. Burlington Avenue, presented a petition signed by 42 residents in the vicinity of West Burlington Avenue. They do not agree with West Burlington Avenue being designated as a through truck route. The petition stated several reasons for their objection including; the city pool is on this street and a truck route poses a danger to youth and adult traffic, students at local schools cross this street or ride bicycles, property values will be lowered and there will be an increase of air and noise pollution. They also said a reduction in the quality of life in the area will be realized.
Council Member Hockett said he too is concerned about West Burlington Avenue being designated as a truck route. He also said Hwy 406 is a state highway and does not need to be on the list.
Hockett moved, second by Crowner, to approve the first reading of an ordinance establishing loan limits on certain streets as proposed with the exception of West Burlington Avenue and State Highway 406. Roll call. Ayes: Hockett, Crowner, Lees, Pilger and Johnson. Nays: None. Motion carried.
PROCLAMATION – Youth Appreciation Week – Mayor Trousil read a proclamation recognizing the accomplishments and achievements of young citizens and proclaiming April 21 through 27 as Youth Appreciation Week in the City of West Burlington.
CITIZEN’S INQUIRIES: Jennifer Herrick, 520 Broadway Street, told the Council the Zoning Board of Adjustment denied her request for a special exception use in an R-3 zoning district. Mrs. Herrick purchased a home at 603 Swan Street to operate a home daycare. According to the city code, a "Home Occupation" must be carried out by a member of the family residing on the premises. Mrs. Herrick does not plan to live at 603 Swan; she only plans to operate her day care operation from the home. She read a letter to the Council explaining she had contacted Building Inspector Hoy and asked him if the City regulated home day care. She felt that Mr. Hoy did not explain the home occupation section of the code sufficiently and she thought she would comply with city code when she purchased the property.
Mrs. Herrick passed out a booklet explaining the type of facility she was operating. She explained she has an assistant who helps her every day and they can have up to 16 children in the home. She said she passed out a similar booklet to the Board of Adjustment but felt they did not use the information in the booklet to make their judgment. She also said she spends the biggest part of her day at 603 Swan and asked the Council to define ‘living in the home’.
Mayor Trousil explained the only course of action for the Council is to remand the decision back to the Zoning Board of Adjustment. The Council cannot override their decision. The Council Members expressed understanding for Mrs. Herrick’s situation but believe the Zoning Board made their decision based on the guidelines they operate under. They agreed to review the booklet provided by Mrs. Herrick, however they believe the information in the booklet is not relevant to the issue at hand. Administrator Mandsager said the Council should not remand the decision back to the Zoning Board unless they are willing to change the code.
No action was taken at this time.
Katie Schultz, 313 West Burlington Avenue, thanked the Council for not designating West Burlington Avenue as a truck route.
MAYOR’S INQUIRIES: There were none.
ADJOURN – There being no further business, the meeting adjourned at 6:45 p.m. upon motion by Lees, and second by Hockett. Voice Vote: All Ayes. Motion carried.
Approved Terrie L. Simonson, City Clerk