Johnson moved, second by Pilger, 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 27, 2003

B.  Financial Report for October 2003

C.  Membership of Justin Troy Prier to the Fire Department

D.  Annual Ladder and Ladder Truck Testing

E.  Payment to Quad City Water Treatment – Wastewater Analysis - $1,234

F.  Payment to City of Burlington – County Wide Communications - $2,927.67

G.  Payment to City of Burlington – Water for October - $17,530.53

H.  Payment to Centre State International Trucks – Dump Truck Repair - $1,085.29

I.  Taxicab License Renewal for A to Z Taxi and Delivery Service

J.  Liquor License Renewal and Sunday Sales for Westland Fast Break

K.  Beer License and Sunday Sales for R & R Food Center (Old B G’s)

L.  Retail Cigarette Permit for R & R Food Center

M.Payment of Claims as Presented

CITIZEN’S INQUIRIES:

Doris Young, Swan Street, told the Council she paid a neighbor $10 to cut the roots and thistle, and clean up the rocks that were left as a result of the street construction. She also said the area still needs grass seed. She asked the Council to reimburse her out-of-pocket expense. The City Administrator will contact her for more information.

PUBLIC SAFETY – Police Chief Oblein reported Unit # 6, 2000 Ford Crown Victoria is now operational and assigned to Sergeant Newberry. Unit #7, 2001 Ford Crown Victoria is at Electronic Applications receiving equipment and will then be assigned to Officer Covert. Unit #5 the Taurus that served as the Sergeant’s unit has been assigned to Sergeant Ryan. Unit 3, the oldest Impala, will be assigned to Officer Moore once Unit 7 is ready to be deployed.

Oblein also reported about a burglary his department, with the cooperation of the Des Moines County Sheriff’s Office and the Burlington Police Department, was able to solve in a short time. They were able to recover most of the stolen property and make arrests. He complimented the Sheriff’s Department, Burlington Police Department and Sergeant’s Newberry and Ryan, as well as Officer McCulloch, Officer Ervine and Sergeant Ryan for a job well done.

Oblein also said he presented the Eddie Eagle Program to all grade levels at the West Burlington Elementary School.

FINANCE – Council Member Crowner suggested arrangements be made with the people renting the City’s house at 311 Broadway Street concerning the washer and dryer. He said the washer and dryer at the house have stopped working and instead of replacing them we should reduce the monthly rent. The renters have only 3 months remaining on their six month lease.

Administrator Mandsager said there is a Public Officials Breakfast on November 19, at the Regency Room at the Wickliff Inn. He asked Members who wanted to go to let staff know by November 14.

Administrator Mandsager also said because agenda items are sparse in December he is recommending there only be one meeting and that it be on December 15. There was no objection from the Council Members.

STREETS – Administrator Mandsager said he expects McClure to recommend accepting the Agency Street Project at the next Council Meeting. He said he asked them to attend the meeting and also meet earlier at the site to review. He invited Council Members to meet with the engineers if they desired.

Mandsager also said the Brushtown Road Project should be pretty much wrapped up this week. He said additional seeding and grading will need to be done in the Spring.

Council Member Johnson said he has heard good comments about the job being done by Brian Willham and Snyder & Associates on the Brushtown Road Project and the Traffic Signal Project at Gear and Mt. Pleasant Street.

SANITATION – Council Member Hockett said he had heard about a leaf pick-up program in Manchester, Iowa that involves a Heston Stacker with modifications. He said he contacted the Street Superintendent there who provided him with a video of the operation. The video was viewed by the Council Members. Hockett said the City of Manchester purchased the machine for $2,000 (used) and added $3,000 in modifications. They received an award from the Iowa League of Cities for their program. They saved over $30,000 over the old leaf pickup method (curbside bag pickup) and it was 5 to 6 times faster than a Leaf Vacuum.

The Council agreed there were some good ideas to discuss at budget time.

UTILITIES – There was nothing to report.

Consider Engineering Services Agreement with French Reneker for 2004 Resurfacing Project – Hockett moved, second by Crowner, to approve an Engineering Services Agreement with French Reneker for the 2004 Resurfacing Project, which includes resurfacing approximately 14 blocks at various locations as a part of the City’s 2-004 Street Improvement Program in the amount of $38,100. Voice vote. All ayes. Motion carried.

Consider Change Orders for City Hall Project – Crowner moved, second by Pilger, to approve three Change Orders (5, 6, & 7) for the New City Hall. Change Order No. 5 is the demolition of the Water Tower Foundations and Removal which adds $9,064. Change Order No. 6 is substitute fixture for the F9 exterior decorative wall sconce which removes $2,100. Change Order No. 7 is for concrete pad for CT cabinet which removes $100. Voice vote. All ayes except Hockett who voted nay. Motion carried.

Consider Payment to First Construction Group for City Hall Construction – Pilger moved, second by Crowner, to approve Pay Request #3 in the amount of $169,504.70 to First Construction Group for City Hall Construction. Voice vote. All ayes except Hockett who voted nay. Motion carried.

Consider Payment to Snyder & Associates for Brushtown Road Water & Sewer Project – Mayor Pro-Tem Lees explained the City has an agreement with Burlington Northern to share the engineering services for the construction services for the Brushtown Road Water & Sewer Improvements. The agreement states Burlington Northern will pay the first $20,000 and the City will pay the next $20,000. The remainder will be split 50-50.

The first invoice in the amount of $11,158.88 was sent to Burlington Northern. The second invoice in the amount of $11,573.09, Burlington Northern will pay $8,841.12 leaving the City to pay $2,831.97.

Hockett moved, second by Pilger, to approve payment in the amount of $2,831.97 to Snyder & Associates for Engineering Services for the Brushtown Road Water and Sewer Project. Voice vote. All ayes. Motion carried.

Consider Payment to Snyder & Associates for Traffic Signal Project and General Engineering – Pilger moved, second by Johnson, to approve payment to Snyder & Associates in the amount of $844.50 for the Mt. Pleasant Street and South Gear Avenue Traffic Signal Project; and $1,014.42 for General Engineering for the water extension along City Hall. Voice vote. All ayes. Motion carried.

Consider Payment to Dorsey & Whitney for Attorney Fees for Legal Services – Crowner moved, second by Pilger, to approve payment to Dorsey & Whitney in the amount of $6,172.55 for two invoices. The first invoice is in the amount of $1,879.25 is in connection with the preparation of an opinion regarding the legality of the contract process for the City Hall Project. The second invoice is in the amount of $4,293.30 in connection with the recent issuance of the City’s $320,000 Urban Renewal Tax Increment Revenue Bond for the Cobo Project. Voice vote. All ayes. Motion carried.

Consider Payment to Cray, Goddard, Miller & Taylor for Professional Services – Crowner moved, second by Johnson, to approve payment to Cray, Goddard, Miller and Taylor in the amount of $2,290.30 for legal services. Voice vote. All ayes. Motion carried.

Consider Payment to Shipley Contracting for Brushtown Road and North Gear Avenue Utility Project – Pilger moved, second by Hockett, to approve payment to Shipley Contracting in the amount of $129,375.62 for work completed to date on the Brushtown Road and North Gear Avenue Project. Voice vote. All ayes. Motion carried.

Consider Acceptance of Annual Audit for Fiscal Year 2003 – Crowner moved, second by Johnson, to approve the Audited Financial Statements for Fiscal Year 2003 prepared by Walker, Egerton and Hunsaker.

Consider Ordinance Concerning Open Burning – Second Consideration – The Council reviewed the changes approved on the Burning Ordinance at the last Council Meeting. Those changes included the start time for burning would be thirty minutes after sunrise and thirty minutes after sunset. The burn days would be Wednesday and Saturdays and the dates would be April 1 through April 21 and October 15 through November 30. Lots one acre or more shall be permitted to burn leaves on Monday, Wednesday, Friday and Saturday and no permit would be required. 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. Permits issued under this chapter shall be for three months at no cost.

Dave Brem, 414 Neva, told the Council he has a burning barrel and understands it would no longer be allowed according to the new Ordinance. Mayor Pro-Tem Lees confirmed that was true. He said he uses his burn barrel for paper and wood products, twigs etc. He said he does this a couple times a week.

Council Member Pilger said burning barrels are one of the major objections of residents who are opposed to open burning. He said there is no way to control what people burn in their barrels.

Fire Chief Astfalk said he doesn’t believe anyone needs a burning barrel today. Residents have numerous alternatives to burning available to them.

Mr. Brem said if burning barrels were allowed it would be necessary to specify clean burning.

Council Members discussed burning barrel use for leaves, twigs and household rubbish including paper and wood but not to include rubber, plastic garbage etc. They also discussed the definition of proper incinerators.

They directed the City Administrator to bring back to the next Council Meeting, language that could be considered to allow burn barrels with restrictions, such as definition of the barrel and what specifically could be burned.

Johnson moved, second by Crowner, to approve the second reading of an Ordinance concerning Open Burning. Roll call. Ayes: Lees, Johnson and Crowner and Hockett. Nays: Pilger. Pilger said he is still not in favor of the number of days allowed for larger lots. Motion carried.

Consider Ordinance Concerning the Term of the Fire Chief – Third Reading – Hockett moved, second by Pilger, to approve the third consideration and adopt 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 7:02 p.m. upon motion by Johnson, and second by Pilger. Voice Vote: All Ayes. Motion carried.

Approved Terrie L. Simonson, City Clerk

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