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

A.  Minutes of Regular Council Meeting – October 13, 2003

B.  Minutes of Special Council Meeting – October 9, 2003

C.  Liquor License Application – The Barn Swallow, 701 Agency Street

D.  Payment to Randy Messamaker – Sidewalk Reimbursement - $171.85

E.  Payment to Des Moines County Auditor – GIS - $2,123.61

F.  Purchase of Calcium Chloride from IDOT - $2,452.50

G.  Payment to Walker, Egerton & Hunsaker – Annual Audit - $5,375

H.  Payment of Claims as Presented

CITIZEN’S INQUIRIES: Kip Marzeck had a question concerning the Ambulance Payment to Burlington. Mayor Trousil suggested he come in and discuss his concerns with the City Accountant.

Steve Swafford said he had a concern with the City installing a water line in front of his house on Gear Avenue. He isn’t sure if it is on his property or in the right-of-way. Administrator Mandsager said when they became part of the City the right-of-way was turned over to the City. He said he is confident the water line is in the right-of-way.

Swafford said he would have appreciated a courtesy call before it was installed.

UTILITIES – The Council Members agreed when Gear Avenue is closed, because of the Brushtown Road Project, residents should receive a notice in advance.

PUBLIC SAFETY – Chief Oblein reported on several items that have occurred in the Police Department.

FINANCE – There was nothing to report.

STREETS – The railroad crossing repairs on N. Gear have been completed.

SANITATION – There was nothing to report.

Consider Ordinance Concerning Open Burning – First Consideration – Administrator Mandsager presented a draft ordinance addressing burning within the City of West Burlington. He said he attempted to address the issues raised in the past meetings. He said the ordinance addresses open burning and sets several exceptions. Burning barrels are not exempted from the ordinance. He said this ordinance is taken from the City of Burlington and the days match their ordinance except we extended the length of leaf burning in the fall and we allowed additional burning days for residential lots over one acre.

The Council discussed the start time for burning and agreed on thirty minutes after sunrise and thirty minutes after sunset. They agreed the burn days would be Wednesday and Saturdays and the dates would be April 1 through April 21 and October 15 through November 30. They also agreed lots one acre or more shall be permitted to burn leaves on Monday, Wednesday, Friday and Saturday. They also agreed no permit would be required. They agreed no fire may be kindled when the wind velocity exceeds 10 miles per hour; and shall not be conducted within 25 feet of any structure or other combustible material. They also agreed any permit issued under this chapter shall be for three months at no cost.

During discussion Pilger said he thought four days on one acre lots was too much.

Lees said she talked to Public Works Director Fry concerning a curb side pick up. She said residents could purchase biodegradable bags, fill them with leaves, and place them on the curb for leaf collection and once a week. Lees said she thought this would be a good alternative to burning, especially for residents who do not have the means of driving them to the street shop for drop off.

Hockett said he believes we should try the leaf pick up, he thinks that is the key to the whole program.

Johnson moved, second by Crowner, to approve the first reading of an Ordinance concerning Open Burning. Roll call. Ayes: Lees, Johnson and Crowner. Hockett and Pilger voted nay.

Consider Resolution Approving a Commercial Tax Abatement Application for Midwest Vinyl Products – Crowner moved, second by Pilger, to approve an application for a Commercial Tax Abatement for Midwest Vinyl Products. Blake Hagen, owns Midwest Vinyl Products, Inc. and plans to build a 42’ x 75’ x 16’ Morton Building for warehouse inventory.

Council Member Pilger explained he is brother-in-law to Mr. Hagen and would normally abstain from voting for a family member. However, he said since he is in favor of Commercial Tax Abatements, and after checking with the City Attorney about voting for something that involves a conflict of interest, and being assured this would not be a conflict, he is going to vote.

Council Member Hockett said he would like to support the abatement but would also like to see a like plan for residential abatement; and until that occurs he will not vote in favor of a Commercial Abatement.

Council Member Johnson said he thinks the abatement should be tied to jobs.

Roll call. Ayes: Lees, Pilger, and Crowner. Nays: Hockett and Johnson. Motion carried.

Consider Resolution Approving a Commercial Tax Abatement Application for D.G.B. Investments – Pilger moved, second by Crowner, to approve an application for a Commercial Tax Abatement for D.B.G. Investments, LC. (Deery Brothers). They are planning a building addition for automobile show room, service area, and detailing; additional paving for automotive display; and remodel of exterior facade and minor interior upgrades.

Roll call. Ayes: Lees, Pilger and Crowner. Nays: Hockett and Johnson. Motion carried.

Consider Payment to City Township Ambulance Association for Ambulance Services – Mayor Trousil explained the cities of West Burlington, Danville, and Middletown and the Townships of Danville, Pleasant Grove and the Quad Township Fire Rescue Ambulance Association formed the CTAA to contract with the City of Burlington to provide ambulance services to these entities.

According to the agreement, the CTAA reimburses the City of Burlington for 30% of the operating loss indicated in the operating loss statement. According to the Financial Statement for the City of Burlington there was no operating loss for the last year.

The second part of the agreement states that the CTAA will pay 50% for replacements or additions of equipment to be added for the effective operation of the emergency ambulance service. The net loss and capital equipment costs are prorated with a rolling three-year average among the CTAA entities. This year the City of West Burlington’s portion of the payment is $38,366.23.

Crowner moved, second by Pilger, to approve payment to the City Township Ambulance Association in the amount of $38,366.23. Voice vote. All ayes. Motion carried.

Crowner moved, second by Pilger, to approve payment to the City Township Ambulance Association in the amount of $38,366.23.

Consider Amendment to City Administrator Employment Agreement – Administrator Mandsager asked the Council to consider an amendment to his employment agreement. He said the language is the same the City of Burlington included in their employment agreement in June 2001.

The change states ‘the Employer may not terminate the Employee within six months, following a new City Council taking office. This period of time will provide an opportunity for new Council Members to work with the Employee in an attempt to establish an effective working relationship’.

Council Member Hockett said he was concerned this amendment to the contract would provide an abundance of severance time for the City Administrator. He said he was also concerned this language in the contract would become routine in future employment agreements.

Mayor Trousil said with this addition to the contract, Mandsager would have a guaranteed 6 months to work out difference. He had no problem with the amendment.

Johnson moved, second by Crowner, to approve the amendment to the City Administrator‘s Contract. Voice vote. All ayes. Motion carried.

Consider Resolution Accepting the Park Place West Estates Project – Administrator Mandsager said Wally Day is asking the City to accept the improvements made to Park Place West Estates per the agreement. Project costs came in at $491,206 out of a maximum available of $526,680 for a savings of $35,473.57.

Crowner moved, second by Johnson, to approve a Resolution accepting the Park Place West Estates Project upon receipt of the surety bond. Roll call. Ayes: Johnson, Crowner, Lees and Pilger. Nays: Hockett. Motion carried.

Consider Payment to McClure Engineering for Agency Road Project – Administrator Mandsager presented an invoice in the amount of $8,903.58 from McClure Engineering for the Agency Road Project. He said McClure states the IDOT increased th3e working days on the project during the bid letting, which automatically increased the engineer’s working days on the project. Mandsager requested the Council approve the payments.

Council Member Johnson said he was under the impression the contractor was directed to take out the entire curb on the project not just sections. Mandsager said he was not sure the IDOT would allow them to take out sections that were not damaged.

Johnson said when something changes after it leaves the table the Council should be notified.

Crowner moved, second by Lees, to approve payment to McClure Engineering for Agency Road Project in the amount of $8,903.58. Voice vote. All ayes except Pilger and Johnson. Motion carried.

Consider Payment to French-Reneker Associates for Engineering Services on Various Projects – Hockett moved, second by Crowner, to approve payment to French-Reneker Associates in the amount of $24,274.97 for various street related projects. Voice vote. All ayes. Motion carried.

Consider Police Vehicles Policy – Police Chief Oblein told the Council he would like them to consider a take home car policy for the West Burlington Police Department. He said the universal positive comment about the program is that it reduces maintenance costs for each vehicle. He said it his been his experience that officers take a sense of pride in a vehicle that is assigned to them. He said they are usually kept cleaner than the fleet vehicles, officers are able to do things to personalize the vehicle to better suit their needs; and minor problems were handled before they became major problems.

He said he is not recommending purchasing any new vehicles at this time; that will be discussed at budget time.

Council Member Johnson said he thinks it is merely adding cost. The City should not provide vehicles to employees, that is absurd.

Chief Oblein said the City has seven vehicles now. Each of the two sergeants, one of which lives in Beaverdale, will be assigned a vehicle and the three officers who live in West Burlington will be assigned a vehicle.

Administrator Mandsager suggested giving it a start now and see how it works.

Pilger moved, second by Crowner, to authorize the Police Chief to develop an individually assigned vehicle policy by allowing the sergeants and police officers who live in the city limits to take vehicles home. Voice vote. All aye except Johnson who voted nay.

Consider Purchase of Radars for New Police Units – Lees moved, second by Crowner, to approve the purchase of two Genesis II, dual antenna radar systems from Midwest Radar for $1,495 each plus shipping. These radar systems will be placed in the new patrol units. Voice vote. All ayes except Johnson who voted nay. Motion carried.

Ordinance Regarding the Franchise Agreement for Interstate Power & Light Company – Second Reading Lees moved, second by Crowner, to approve the second reading of an Ordinance approving the Franchise Agreement for Interstate Power & Light Company. Roll call. Ayes: Hockett, Lees, Crowner, Pilger and Johnson. Nays: None. Motion carried.

Resolution Waiving the Third Consideration and Approving Ordinance – Lees moved, second by Pilger, to approve a Resolution waiving the Third Consideration of an Ordinance approving the Franchise Agreement for Interstate Power & Light Company and approving the Ordinance. Roll call. Ayes: Hockett, Lees, Pilger, Johnson and Hockett. Nays: None. Motion carried.

Consider Ordinance Concerning the Term of the Fire Chief – Second Reading – Mayor Trousil said he and Administrator Mandsager met with members of the Fire Department recently. One of the items they discussed was the term of the Fire Chief. They agreed the term should be increased from two to three years. They felt the longer term would be more conducive to effective leadership.

Lees moved, second by Crowner, to approve the second consideration of the ordinance changing the term of the Fire Chief from two years to three. Roll call. Ayes: Johnson, Pilger, Lees, Hockett and Crowner. Nays: None. Motion carried.

ADJOURN – There being no further business, the meeting adjourned at 9:20 p.m. upon motion by Lees, and second by Johnson. Voice Vote: All Ayes. Motion carried.

Approved Terrie L. Simonson, City Clerk

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