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

A.  Approve Minutes of Regular Council Meeting – September 8, 2003

B.  Approve Monthly Financial Report - August

C.  Approve Sleuth User Group Training – Police Department – Kristi Ervine

D.  Approve First Aid Training –ILEA – Chief Oblein

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

F.  Approve Payment to Seneca Companies – Abandoned Wells - $2,006.25

G.  Approve Payment to Kansas Highway Patrol - $23,485

H.  Approve Fence for Water Plant Security

I.  Approve Payment of Claims as Presented

CITIZEN’S INQUIRIES:

George Marzeck Jr., 611 W. Van Weiss #24, asked the Council if they had decided, how much T.I.F. money would be used for the Division St. project. Mayor Trousil explained that an agreement would have to be made between the City and the property owners to establish funding for the project.

Mayor Trousil administered the oath of office to Police Officer Eldon Melssen. Officer Melssen started work on September 22^nd, 2003.

OLD BUSINESS:

Consider Leaf Burning Program and Purchase of Leaf Vacuum – The Council discussed their concerns over a burning ban. Hockett and Johnson felt that a burning ban was not acceptable unless the City provided a more convenient way for residents to dispose of their leaves. Hockett suggested purchasing a leaf vacuum for next fall and implementing a leaf collection program for this year. The leaf collection program would involve the public works department collecting bags from residents in the main residential area of the City. Mayor Trousil reminded the Council that according to the city code residents cannot burn leaves on asphalt streets.

George Baker, 317 Ruthella, explained that he felt that a burning ban would eventually be inevitable and he doesn’t feel that people will bag their leaves unless they are forced to. Pilger propose a partial burning ban on Sunday, Tuesday, and Thursday. He also recommended purchasing a leaf vacuum for next fall. George Marzeck Jr., 611 W. Van Weiss #24 and Jamie Baker, 317 Ruthella, asked the Council to consider more non-burning days.

Crowner stated that he understood that it is hard to dispose of leaves in the fall, but part of being a homeowner is to maintain property, whether it is snow, grass, or leaves. Therefore, he would be in favor of a partial burning ban. He also stated that he felt there were some other issues that go along with operating a leaf vacuum that needed to be discussed. He thought the Council should consider the manpower and time it would take to operate the vacuum. Lees was also in favor of a partial burning ban and agreed to direct City Administrator Mandsager to write an ordinance to that effect. Lees asked Public Works Director Fry for his input. Fry explained that he had talked to the Public Works Director in Durant, IA (population 1,600) and they have three employees that run their vacuum everyday from 9:00 a.m. - 3:30 p.m. during heaviest leaf drop off in the fall. He estimated it taking one person just to haul yard waste away from the yard waste site during that type of project. The street sweeper would still need to be run almost every day. Fry explained that although it would work it would be a very time consuming job during the fall that could take away from other projects.

Pauline Rein, 322 West Burlington Ave., suggested hiring extra help from the Workforce Center or Temp Associates during leaf collection.

Hockett said he would be in favor of a burning ban in the main part of town if a leaf collection program were in place and residents with larger properties were allowed to continue burning. Pilger expressed his frustration with the fact that the reason the issue was brought to the table was to create a burning ban not to find an easier way for people to dispose of their leaves. It was Pilgers understanding that there was a petition with approximately 100 signatures asking for a ban on burning. Pilger felt that buying a leaf vacuum wasn’t going to solve anything unless some type of burning ban was adopted.

The consensus was to have Administrator Mandsager develop an ordinance to institute a partial burning ban and propose some type of alternative leaf disposal for consideration at the next meeting.

Consider Ordinance Concerning Stop or Yield Required – Second Reading – Pilger made a motion, second by Hockett, to approve the second reading of an ordinance concerning the placement of yield signs on Ruthella at Ballard and Neva at Pennington. Roll call vote. Ayes: Pilger, Lees, Crowner, Hockett, Johnson. Nays: none. Motion carried.

Consider Resolution Waiving Third Reading of an Ordinance – Pilger made a motion, second Johnson, to approve a resolution waiving the third reading of an ordinance concerning the placement of yield signs on Ruthella and Neva. Roll call vote. Ayes: Lees, Crowner, Hockett, Johnson, Pilger. Nays: none. Motion carried.

Consider Ordinance Re-naming State Hwy 406- Second Reading – Lees made a motion, second by Crowner, to approve an ordinance re-naming Hwy 406 as a City street and establishing the necessary traffic control devices. Roll call vote. Ayes: Crowner, Hockett, Johnson, Pilger, Lees. Nays: None. Motion carried.

Consider Resolution Waiving Third Reading of an Ordinance – Crowner made a motion, second by Lees, to approve a resolution waiving the third reading of an ordinance re-naming Hwy 406 as a City street and establishing traffic control. Roll call vote. Ayes: Hockett, Johnson, Pilger, Lees, Crowner. Nays: None. Motion carried.

Consider Ordinance Concerning Parking Regulations – Crowner made a motion, second by Pilger, to approve an ordinance limiting parking to one hour. Roll call vote. Ayes: Johnson, Pilger, Lees, Crowner, Hockett. Nays: None. Motion carried. The Council agreed the first five (5) parking stalls on the east side of Broadway and four (4) parking stalls on the west side of Broadway in the 200 block should be designated one hour parking.

Consider Resolution Waiving the Second and Third Reading of an Ordinance – Lees made a motion, second by Crowner, to approve a resolution waiving the second and third reading of an ordinance concerning parking regulations on Broadway. Roll call vote. Ayes: Pilger, Lees, Crowner, Hockett, Johnson. Nays: None. Motion carried.

Consider Resolution Concerning Funding for New City Hall – Mayor Trousil explained that the City has budgeted to use Tax Increment Financing and Local Option Sales Tax to finance the new city hall. Hockett expressed his concerns over using T.I.F. and Local Option Sales Tax. After a brief discussion, Lees made motion, second by Johnson, to approve a resolution specifying T.I.F. and Local Option Sales Tax funds be used for the construction of the new city hall. Roll call vote. Ayes: Lees, Johnson, Pilger. Nays: Hockett. Motion carried. Crowner had to leave early and was not present for the vote.

George Marzeck Jr., 611 W. Van Weiss #24, protested the vote. Mr. Marzeck felt the public was not aware that an elevator had to be installed in the new city hall. He asked Mayor Trousil to clarify. Mayor Trousil explained that the City had received a letter from the U.S. Department of Justice stating that the City had to meet ADA requirements by installing an elevator in the new city hall. Mayor Trousil explained that the elevator was discussed during planning meetings and had been taken out of the initial building phase of the project as a cost savings. Council and staff are aware of the ADA requirements and are working with the City Attorney to find out how to proceed with the requirements at this time.

Consider Engineering Contract Amendment for Gear & Mt. Pleasant Street – Darrin Ligtenberg from Snyder Associates said Shipley Construction plans to start approximately October 6^th. Johnson talked to several property owners along N. Gear between Mt. Pleasant and the railroad tracks concerning parking during the construction. Darrin will work out parking issues with the property owners and City Administrator Mandsager. After a brief discussion, Hockett made a motion, second by Pilger, to approve Amendment No. 1 to the Engineering Services Agreement with Snyder Associates for Gear & Mt. Pleasant. Voice vote. All ayes. Motion carried.

Consider Ordinance Concerning Proof of Security Against Liability – Chief Oblein explained that violations of this type are very common and without a City ordinance addressing this violation all the money collected for this fines are sent to the state. Lees made a motion, second by Pilger, to approve an ordinance concerning proof of security against liability. Roll call vote. Ayes: Hockett, Johnson, Pilger, Lees. Nays: none. Motion carried.

Consider Resolution Waiving the Second and Third Reading of an Ordinance – Lees made a motion, second by Pilger, to waive the second and third reading of an ordinance concerning proof of security against liability. Roll call vote. Ayes: Johson, Pilger, Lees, Hockett. Nays: none. Motion carried.

Consider Setting Public Hearing for Franchise Agreement with Alliant Energy – Lees made a motion, second by Pilger to set October 13, 2003 as a public hearing date to consider an ordinance renewing the franchise agreement with Alliant Energy. Roll call vote. Ayes: Pilger, Lees, Hockett, Johnson. Nays: None. Motion carried.

Consider Water Main Replacement in Alley East of City Hall – Public Works Director Fry explained that during the excavation of City Hall there was an old 12" main discovered that serves one business. In addition, there is a 2" main serving two residents along Swan St. Fry recommended replacing the two lines while the alley is already torn up. Snyder Associates provided a cost estimate of $8,570. Snyder can prepare the proper DNR permit and city staff would install the line. Lees made a motion, second by Johnson to approve the replacement of two water lines in the alley east of City Hall between Broadway and Swan.

Consider Breathing Apparatus Update - Hockett made a motion, second by Lees, to approve the purchase seven (7) air packs for the Fire Department at a cost of $5,615.00. Voice vote. All aye. Motion carried.

Consider Payment to French-Reneker for Engineering Projects – Johnson made a motion, second by Pilger, to approve payment to French-Reneker in the amount of $11,458.80 for engineering services on East Glasgow Street between Broadway and Winter and resurfacing of approximately 20 blocks in various locations. Voice vote. All aye. Motion carried.

Consider Agency Street Project – Curb and Gutter – Mayor Trousil explained to the Council that the new curb and gutter along Agency had developed cracks in 18 places near each saw cut. Alan Behnkendorf from McClure Engineering, Shipley Construction along with the I.D.O.T. proposed cutting out the bad sections and replacing them. The Council expressed serious apprehension in allowing the contractor to make numerous repairs to a brand new street. The Council directed McClure to have Shipley remove the entire curb and gutter and replace it.

Consider Contracting with Southeast Iowa Regional Planning to Update Comprehensive Plan – Lees made a motion, second by Hockett, to approve contracting with Southeast Iowa Regional Planning at a cost $7,500 to update the City’s Comprehensive Plan. Voice Vote. All aye. Motion carried.

Consider Request from West Burlington High School Publications – Advertisement – No action taken

SANITATION – Nothing to report

UTILITIES – Johnson reported that Shipley Construction is laying water main on N. Gear Ave. and the gravity line is in on Brushtown Rd.

PUBLIC SAFETY –Lees reported that the new squad cars were in that the City purchased from Kansas Highway Patrol. Chief Oblein informed the Council that he is working with the E911 Board to keep costs down on computers and radios for the cars by using equipment the E911 board has on hand. Chief Oblein has also started replacing officer’s uniforms.

FINANCE – Set Oct. 13^th, 2003 for City Administrator evaluation. Mayor Trousil asked the Council to turn their evaluation in by September 30^th.

STREETS – Nothing to report

CITIZEN’S INQUIRIES – No inquiries were made at this time

MAYOR’S INQUIRIES - Mayor Trousil informed the Council of a meeting October 7^th with the Board of Supervisor’s to discuss funding for the Beaverdale Rd. Interchange and Ethenol Rd. He also explained that the contract with the Quad-township Ambulance Association had expired and they were going to meet on October 9^th to review the contract. Mayor Trousil reminded the Council about the KBUR Talk Show September 24^th at 1:00p.m.

PROCLAMATION – Mayor Trousil read a Proclamation proclaiming October Manufacturer’s Month.

ADJOURN – There being no further business, the meeting adjourned at 8:25 p.m. upon motion by Lees, and second by Pilger. Voice Vote: All Ayes. Motion carried.

Approved Kelly D. Fry