Regular Council Meeting April 14, 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, Fire Chief Astfalk, Sergeant Newberry and Building Inspector Hoy were also present. Lees moved, second by Pilger, 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 – March 24, 2003

B.  Financial Report for March 2003

C.  Payment to Fire Service Training Bureau – SASSO - $1,000.00

D.  Payment to City of Burlington – March Water - $15,529.37

E.  Payment to Quad City Water Treatment – Wastewater Tests - $1,044.00

F.  Payment to City of Burlington – Countywide Communications - $2,691.28

G.  Payment to Des Moines County GIS Department - $2,627.60

H.  Payment to Smith Engineering – Survey Work - $1,806.66

I.  Beer Permit for All Star Maidrite Diner - Renewal

J.  Training for City Accountant – Computer Software

K   Payment to Collision Center for Repair of Police Vehicle - $2,229.24

L.  Purchase of Paint for Swimming Pool

M.  Purchase of Paint for Traffic Painting

N.  Resignation of Pool Manager – Keith Dorenkamper

O.  Resignation of Fire Fighter – Nathan Dunham

P.  Payment of Claims as Presented

CITIZEN’S INQUIRIES: There were none.

COMMITTEE REPORTS:

UTILITIES – There was nothing to report.

PUBLIC SAFETY – City Administrator Mandsager said 7 Police Chief candidates will be interviewed for the open position on April 26, beginning at 8:00 p.m.

FINANCE – Board of Adjustment Decision Concerning Day Care Facility – City Administrator said at the last Council Meeting the Council discussed the property at 520 Broadway Street. Jennifer Herrick told the Council she had purchased that property to operate a home daycare. She told them she had contacted the Building Inspector before she made the investment and asked him if the City regulated home day care. She said she understood she would comply with city code. When she found out she did not comply she asked the Board of Adjustment for a variance and was denied. She gave the Council a booklet about her facility and asked them to review it. The Council agreed the booklet was not relevant to the situation but agreed to review it. Administrator Mandsager told them they should not remand the decision back to the Zoning Board unless they are willing to change the code.

Council Member Hockett said it is his opinion that if City Hall had taken more time with Mrs. Herrick this would not have happened. He said when she made the inquiry she was told she could take care of children in her home. She was not told she could not operate a child day care such as her business in a residential zone.

Building Inspector Hoy said she did not tell him what she had in mind. He did not realize she meant to operate a business in a residential zone.

STREETS – Discuss Open Burning – Administrator Mandsager said he had received a request from Mrs. Baker from Ruthella Street asking if the Council had done anything about banning open burning in West Burlington. The Council agreed they are not in favor of banning burning. They discussed purchasing a leaf vacuum and encouraging residents to do voluntary no burning. They asked the Public Works Director to investigate the price of a leaf vacuum and provide them for the next Council Meeting.

SANITATION – There was nothing to report.

NEW BUSINESS:

Consider Contracting for Audio-visual and Phone System for New City Hall – Administrator Mandsager said he placed this topic on the agenda as requested. He presented a proposal from KJWW for planning and design of the audio/visual components for City Hall. He said he met with KJWW to lay out a full range of present and future needs for the new City Hall. He said there are several components that have been identified for installation during the construction phase, such as the phone system, but there are other component parts that are important as well, such as microphones and the ability to record the meetings. He said eh would like to have KJWW meet with the Council to first discuss the component parts, lay out the costs, and then have the Council prioritize the components and determine which should be installed as we complete construction and which should be laid out for future installation.

KJWW quoted $17,000 to complete design of the component parts that have been identified and recommends that we design for these parts, and then prioritize.

Johnson said he is not sure who should get the contract for this service. He said his main concern is that these components be in place when the new City Hall opens.

Crowner said he has a problem contracting for this service when we haven’t approved the contract for construction and don’t know what for sure we want them to do.

Crowner moved, second by Lees, to table the contract for Audio-visual and phone system for the new City Hall. Voice vote. All ayes except Hockett who voted nay. Motion carried.

Consider Resolution Awarding Bid for Construction of New City Hall – Mayor Trousil reported the City received 9 bids for the construction of the new City Hall. The following bids were received:

Carl A. Nelson - $1,861.400

Merit Construction - $2,010,800

SG Construction - $2,057,923

H.E.S. Construction - $1,894,150

Frank Baxter - $1,859,998

First Construction Group - $1,850,243

Bi State Contracting - $2,268,530

Todd Hackett Construction - $1,995,500

Westra - $1,943,000

Administrator Mandsager said after investigating the Bonding Company of the low bidder it was determined they are an A+ company.

Mandsager said he had been asked if after accepting a bid, negotiations between the City and the Contractor could take place in order to reduce the cost of the new facility. He said he had invited City Attorney Mitch Taylor to report to the Council his research relevant to amendments to contracts post-acceptance of a municipal contract. Mr. Taylor said his research found no Iowa case law being reported right on point. However, he did find a long chain of law in the Northwestern Regional Reporter dating back approximately 50 years which stand for the following proposition: "Competitive bidding requirements prohibit a ‘material’ change in bid after the bids are open". The purpose for this is explained in a case which is now about 100 years old out of Minnesota. It states "No material change may be made in any bid for public construction contracts after bids have been received and opened, as permission of such change would open the door to fraud and collusion."

Mr. Taylor said as a result of his research the safest route is to have no changes. However, changes which are not considered material are acceptable. There is no established percentage of change to determine whether or not a change is material.

The Council Members discussed the bids coming in higher than they had hoped. They discussed ways in which the project could be reduced, such as shortening basement walls, closeness of wall to Hagerla’s building, reducing basement size, geothermal HVAC system, downsizing, etc.

Mayor Trousil said 8 years ago he estimated the cost of constructing a new City Hall would be 1.5 million dollars. Taking inflation into account, he believes these bids are reasonable.

Johnson moved to table awarding the bid to allow time for investigating and discussing and to allow 60 days to do so. The motion died for lack of a second.

Lees moved, second by Crowner, to reject the bids and discuss with the Architect ways to downsize the project and start from scratch. Roll call. Ayes: Hockett, Crowner, Lees. Nays: Johnson and Pilger. Motion carried.

Consider Resolution Accepting the Shottenkirk Commercial and Residential Projects – Administrator Mandsager presented the necessary paperwork to accept the Shottenkirk Project. He said the Council needs to approve a Resolution to accept the Commercial and Residential Projects and authorize the Mayor to Sign the transfer deeds. He said the deeds were reviewed by the previous City Attorney Terry Loeschen they appear to conform to the plat of survey and to the agreements. Mandsager presented letters from Tony Baxter, the contractor, breaking out the costs, letters from Gary Hoyer, attorney for Shottenkirk, indicating the improvements have been completed and breaking out the land values, and requesting the Council accept the improvements. He also presented letters from French-Reneker detailing their review. Mandsager said all punch list items were completed and he received copies of all lien waivers, copies of all DNR permits, and the certification of construction to DNR. He also presented an agreement that addresses his concerns regarding the remaining sidewalks that will be completed as the properties are constructed and the maintenance bond.

Mandsager said by accepting the public improvements and transfer of property we are not relinquishing any of our rights under the contract or Shottenkirk’s obligations. Acceptance of the improvements begins the interest period for the debt. Mandsager recommended the Council accept the project.

Mr. Shottenkirk, Mr. Baxter and Mr. Hoyer were all present to address any concerns the Council may have.

Council Member Johnson said he was concerned about the condition of the cul-de-sac during construction. Baxter assured him the cul-de-sac would not be used during construction.

Crowner moved, second by Pilger, to approve a Resolution accepting the Shottenkirk Commercial and Residential Project and authorizing the Mayor to sign the Transfer Deeds. Roll call. Ayes: Johnson, Lees, Pilger and Lees. Nays: Hockett. Motion carried.

Hockett told Shottenkirk he has no personal problem with him or his project. He said since this is a tax rebate project he is only concerned about what rebating taxes to him, would have been to tax payers. Johnson said there have been no taxes there for years because the property was agriculture.

Consider Payment to Metzger Johnson for work on City Hall – Crowner moved, second by Lees, to approve payment to Metzger Johnson in the amount of $14,090.70 for work completed on the City Hall Project. Voice vote. All ayes except Hockett who voted nay. Motion carried.

Consider Loan Agreement with F & M Bank for Construction of City Hall – Administrator Mandsager said he received quotes from F&M Bank and Burlington Bank concerning borrowing money for the construction of the New City Hall. He said the City has for some time planned on using Tax Increment Financing and Local Option Sales Tax for this purpose. He said F&M Bank quoted 2.85 percent opposed to Burlington Bank at 2.95 percent. F&M Bank has gone to 2.80 percent from the original quote.

He said even though the Council has agreed to re-bid the project he would like to talk to F&M Bank to see if he can preserve this interest rate for at least 30 days.

Hockett encouraged the Council not to use Local Option Sales Tax to pay for City Hall. He said property tax reduction would be a much better use of the tax.

Johnson moved, second by Pilger, to negotiate with F&M Bank to preserve the 2.80 percent interest rate for funds to pay for City Hall. Roll call. Ayes: Crowner, Lees, Pilger and Johnson. Nays: Hockett. Motion carried.

Consider Setting Public Hearings for Street Projects – Administrator Mandsager said he invited Don Jordison with French-Reneker to the meeting to discuss these projects with the Council, specifically liquidated damages. Mr. Jordison said in the past $300 has been the per day liquidated damages amount. He said for these projects he used $500 per day and suggested $2500 per day incentive and disincentive with 25 days being the target for the opening of Longmeadow. He said the contractor can do certain items of work while the street is open to traffic, such as sanitary service lines and driveway paving.

Jordison said the Council is responsible for setting the final liquidated damages and contract period. However, if the schedule is set too tight or the contractor believes the liquidated damages are unrealizable, then the number of bidders and bid prices could be adversely affected.

Johnson said he has a problem offering incentives to finish early. He thinks the project should be completed in the specified time. Pilger said he also is not in favor of incentives for finishing early. He thinks they will hurry and not do the best job.

Hockett left the meeting at 7:59 p.m.

Since only the project being considered for special incentives is Longmeadow Street, Lees moved, second by Crowner, to set a Public Hearing for April 28, 2003 at 5:30 p.m. on the proposed plans and specifications, form of contract, estimated costs and the taking of bids for the 2003 Street Resurfacing Improvements. The project involves resurfacing 20 blocks in various locations in town. Roll call. Ayes: Johnson, Lees, Crowner and Pilger. Nays: None. Motion carried.

Council Member Lees said she believes Longmeadow Street needs to be completed timely and moved to offer incentives in the amount of $2500 per day and liquidated damages in the amount of $750 that applies to a 25 day schedule. The motion died for lack of a second.

Council Member Crowner said his only concern about the Longmeadow Project is holding the Public Hearing on the project and the receipt of bids on the same day. He believes it will send the message to the residents on Longmeadow that their comments on the project will have no bearing. Mayor Trousil said the scope of the project was determined at a Public Meeting on February 10. The Public Hearing is on the plans and specifications. Crowner said he still believes the Public Hearing should be held before the bids are opened.

Johnson moved to offer incentives in the amount of $2,500 for incentives and $1,500 for liquidated damages. The motion died for lack of a second.

Pilger moved to offer incentives in the amount of $1,500 and liquidated damages in the amount of $500. The motion died for lack of a second.

After considerable discussion Lees moved, second by Crowner, to set a Public Hearing for April 28, 2003 for the Glasgow and Longmeadow Paving Project and to offer an incentive bonus in the amount of $1500 for each day that the project is completed and opened to two-way traffic before the 25 days scheduled. If the bidder fails to have Longmeadow Street open to two-way traffic within 25 working days he shall pay the City liquidated damages in the amount of $1,500 for each day the opening is delayed. The bidder who fails to complete the work on or before October 3, 2003 shall pay the City liquidated damages in the amount of $500 for each consecutive calendar day that the work on the Contract remains uncompleted, with due allowance for extensions of the Contract period. Roll call. Ayes: Pilger, Johnson, Crowner and Lees. Nays: None. Motion carried.

Consider Engineering Services Agreement for 2004 Street Improvements – Administrator Mandsager presented an Engineering Services Agreement with French-Reneker for the 2004 Street Improvements specifically, Longmeadow Street from Ramsey to Swan; Pennington Street from Summer to Ballard and Swan Street, Longmeadow to Pennington. The estimated cost of the construction is $560,340; $56,030 for Contingencies and $124,150 for engineering, legal and administration. The Engineering Services Agreement is in the amount of $124,150.

Crowner moved, second by Lees, to approve an Engineering Services Agreement with French-Reneker for 2004 Street Improvements. Voice vote. All ayes. Motion carried.

Consider Payment to Snyder and Associates for work regarding Mt. Pleasant Street and South Gear Avenue – Lees moved, second by Crowner, to approve payment to Snyder and Associates for work regarding Mt. Pleasant Street and South Gear Avenue in the amount of $4,218. Voice vote. All ayes. Motion carried.

Mandsager said he is planning a meeting for April 28 with Darin Ligtenberg with Snyder & Associates to discuss the Mt. Pleasant Street and Gear Avenue Traffic Signal Project.

Consider Resolution Concerning Utility Bills for Military Active Duty Personnel – Mayor Trousil proposed a Resolution to support residents in the corporate limits of West Burlington who are called to active duty by providing credit for utility bills. He proposed in recognition of the sacrifices made by these individuals, including possible loss of income for household expenses, the Council should consider providing up to 8,000 gallons of water per month at no charge; and that sanitary sewer for the amount of water, plus garbage and recycling also be provided at no charge.

Lees moved, second by Pilger, to approve the Resolution concerning utility bills for Military Active Duty personnel who reside in West Burlington. Roll call. Ayes: Lees, Crowner, Johnson and Pilger.

Consider Resolution Supporting Iowans Called to Duty – Mayor Trousil presented a Resolution proposed by State Senator Steve Warnstadt from Sioux City in recognition of Iowans called to duty. He said in recognition of stresses families of Iowans called to duty experience, he developed a ten-point "Service Member Support Agenda". These commonsense measures include delayed filing of taxes, helping Iowans called to service deal with leases, tuition rebates for students forced to leave classes for the military, allowing service members to deduct military expenses, and the elimination of state taxes on death benefits. He said these low cost and no cost measures would make a real difference for Iowa families in difficult times.

Lees moved, second by Crowner, to approve a Resolution to support Iowans called to duty by passing the Service Member Support Agenda. Roll call. Ayes: Lees, Crowner, Johnson and Crowner. Nays: None. Motion carried.

Consider SIRAA Operational Budget and CIP and Annual Payment – Crowner moved, second by Lees, to approve the Southeast Iowa Regional Operational Budget and CIP for Fiscal Year $2004 and the annual payment in the amount of $18,263.04. Voice vote. All ayes. Motion carried.

 

Consider Hiring Seasonal Employees for Public Works – Crowner moved, second by Pilger, to approve hiring Bob Summers, Lana Polson and Matt Law as recommended by Public Works Director Fry. Voice vote. All ayes. Motion carried. Summers and Polson are returning seasonal employees and are at the top of the salary scale each receiving $9.00; Law returning for the second year will receive $8.00.

Consider Iowa Department of Transportation Transfer Agreement – Mayor Trousil presented a draft letter to the Iowa Department of Transportation concerning the transfer of U.S. Highway 34 to local jurisdictions. He reported he had met with the Des Moines County Board of Supervisors and city officials from Danville and Middletown to review and discuss the transfer. He said specifics of each entities document were not presented, except for some clarification regarding the depth of the proposed cold-in-patch recycle and HMA overlay sections in West Burlington and Des Moines County and overall physical condition of the existing pavement surface.

Mayor Trousil said Middletown, Des Moines County and West Burlington would like the existing section of Highway 34 from Middletown east to the interchange at West Burlington Corporate limits designated as State Highway #79. He if this doesn’t take place the City may want to consider a cash option as settlement especially if work didn’t occur for another three years.

Mr. Jordison, with French-Reneker, had reviewed the proposed agreement and said in his opinion it addresses all of the issues raised to bring the proposed highway transfer section up to a good state of repair. He said the City might want to consider requesting that the state provide the City a listing/document of parcels with right-of-way widths, how purchased (easement/fee title) and any access controls purchased.

OLD BUSINESS:

Consider Hiring Pool Manager and Assistant Pool Manager – Administrator Mandsager reported Keith Dorenkamper has resigned his position as Pool Manager. He said the Assistant Manager last year is willing to fill that position. Amy received her Certified Pool Operator license last year and did an excellent job as the assistant to Keith. He also said Sara Smith has been a lifeguard for several years at the pool and is willing to accept the position of Assistant. Mandsager recommended the Manager receive $6,088 per year and the Assistant receive $8.94 per hour.

Crowner moved, second by Johnson, to approve hiring Amy Pilger as Pool Manager at a salary of $6,088 per year and Sara Smith as Assistant Manager at an hourly rate of $8.94. Voice vote. All ayes. Motion carried.

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).

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 – Clean Out Your Files Day – Mayor Trousil proclaimed April 17, 2003 as Clean Out Your Files Day.

MAYOR’S INQUIRIES: There were none.

ADJOURN – There being no further business, the meeting adjourned at 9:44p.m. upon motion by Lees, and second by Crowner. Voice Vote: All Ayes. Motion carried.

 

 

Approved Terrie L. Simonson, City Clerk

 

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