Lees made a motion, second by Pilger, to approve the following Consent Agenda items as presented. Roll call vote. Johnson, Lees, Pilger, Crowner and Raleigh voted aye. Motion carried.

1. Minutes of Regular Council Meeting – March 28, 2005
2. Payment to DMC Regional Waste Commission for Waste Management Fee - $2,120.80
3. Payment to Burlington Municipal Waterworks - $17,182.37
4. Payment to City of Burlington for Traffic Signal Maintenance - $2,043.45
5. Payment to City of Burlington for County Wide Communication - $2,927.67
6. Incident Response to Terrorist Bombing Training for Chief Oblein
7. Officer Melssen’s attendance at SFST Instructor School
8. Finance Officer Sattler’s attendance at Incode-CMS Spring meeting
9. Acknowledgment/Settlement Agreement and Fine from Wal-Mart for Tobacco Violation
10. Acknowledgment/Settlement Agreement and Fine from Murphy USA for Tobacco Violation
11. Clerk’s Financial Report for March 2005
12. Claims List

– Lees made a motion, second by Pilger, to approve a Resolution vacating a 10’ Utility Easement as shown on the Second Platting of the Van Weiss Estates Subdivision. Roll call vote. Lees, Pilger, Crowner, Raleigh and Johnson voted aye. Motion carried.

STREETS – John Meyer and Mike Griffin with French Reneker were in attendance to discuss plans for the 2005 street improvements. Council discussed resurfacing the 400 block E. Glasgow Street and the impact of sidewalks on the north side of the street due to the steep slope. Discussions concerning the Broadway resurfacing and widening project included street widening and the alignment, sidewalks, driveway approaches and temporary parking for citizens affected by the street closure. Council discussed placing gravel in the alley right-of-way behind the houses on the east side of Broadway in the 700 block to allow them access to their properties during construction. One of council’s main concerns was the length of time Broadway Street would be closed in front of the fire station. Engineer Meyer explained that the contractor would be given a 10 day window to make the repairs in front of the fire station.

During the 2004 Street projects a problem arose when test cylinders indicated that the concrete was not an acceptable strength. The concrete provider claimed that the cylinders used for testing were mismanaged and the concrete was fine. Engineer Meyer suggested doing away with cylinder testing and following the D.O.T. specifications for concrete. Council agreed to follow the I.D.O.T. specifications for concrete to alleviate mismanagement of cylinders use in testing concrete strength. Engineer John Meyer will check on several issues discussed by council and draw up the final plans for Council to review. Construction is likely to begin the end of June or early July.

Council Pilger asked Mr. Meyer when the 2004 seeding would be complete on Longmeadow, Pennington and Swan and expressed is concern about the quality of work that was being done. Mr. Meyer reported that he had called the contractor on numerous occasions concerning the completion of the grading and seeding.

PUBLIC SAFETY – Chief Oblein reported that he will be recommending a new reserve officer to join the department. The Department had been following up on tobacco violations at local merchants and found everyone to be in compliance. Chief Oblein explained that the free training opportunities that have been utilized over the last several months may be ending due to funding issues. These free training opportunities have saved the City approximately $10,000.

Fire Chief Terry Kesterke reported that the department is in the process of updating their guidelines. They also have taken the Fire Safety House to the West Burlington Elementary school for the fourth grade classes to utilize.

SANITATION – There was nothing to report.

UTILITIES – Johnson reported that the lights at Deery Brothers were very bright at night posed a traffic safety issue. Johnson asked Chief Oblein and Administrator Mandsager to see if the lights were too bright an indeed causing a visibility problem. Raleigh asked when lights would be installed on Division Street. Administrator Mandsager will contact Alliant to see what the schedule is.

FINANCE – Nothing to report

Consider the First Reading of an Ordinance Concerning Stop Signs at W.B. High School - The Council discussed a request from Jim Sleister, Superintendent of West Burlington Schools, to address traffic safety issues at the junior-senior high school. In a letter dated April 7^th, 2005, Mr. Sleister asked the council to consider placing stop signs at each exit of the school property. Crowner felt that it was already a requirement to stop before exiting a private drive onto a city street and if people didn’t stop they should be cited under the current code. Johnson stated that he felt placing signs would help to remind students and people exiting the parking lot to stop before exiting onto the city street. He explained that there had been several reports of excessive speed at lunch time as well as after school. Crowner stated that he would rather see extra patrol during those times. Chief Oblein stated that the officers patrol the area of the junior-senior high school during lunch and after school when they are available, but could not guarantee an officer could be there everyday. The Council discussed other private drives and parking lots that had no signage and asked the Chief to check on weather or not stop signs on private property were being enforced. Raleigh made a motion, second by Lees, to table the first reading of an ordinance concerning stop signs at W.B. High School until they could get some more information. After further discussion Raleigh retracted his motion. Johnson stated that he felt placing stop signs at the high school would help the traffic problems and made a motion, second by Raleigh, to approve the first reading of an ordinance concerning the placement of stop signs at the W. B. High School. Roll call vote. Raleigh, Johnson, Lees voted aye. Pilger and Crowner voted nay. Motion carried.

Consider a Resolution Waiving the Second and Third Reading of an Ordinance concerning Stop Signs – Johnson made a motion, second by Raleigh, to waive the second an third reading of an ordinance concerning the placement of stop signs at the W. B. High School. Roll call vote. Raleigh, Johnson, Lees voted aye. Crowner and Pilger voted nay. Motion failed.

Consider the First Reading of an Ordinance Concerning the Definition of Vicious Animal – Chief Oblein explained that over the last several months the Police Department has experienced problems with a animal that has been running an large and behaving in an aggressive or vicious manner. According to the current city code a vicious animal is described as an animal that has bitten or attacked on two or more occasions. Chief Oblein asked the council to consider amending the definition of "vicious animal" to include an animal that is acting in a vicious or potentially vicious manner. If the Police Department determines that an animal is "Vicious" the owner has the opportunity to remove the animal from the City or ask for an appeal from City Council. Pilger made a motion, second by Crowner, to approve the first reading of an ordinance concerning the definition of "Vicious Animal". Roll call vote. Raleigh, Johnson, Lees, Pilger and Crowner voted aye. Motion carried.

Consider the First Reading of an Ordinance Concerning Frequent Violation of Chapter 55 Animal Protection and Control – During discussion of the vicious animal Chief Oblein also discussed that there is a problem with pet owners that habitually violate sections of the Chapter 55 titled Animal Protection and Control code such as allowing animals to run at large or bark. The proposed ordinance attempts to stiffen the penalty for multiple violations of Chapter 55 by instituting a municipal infraction after the fourth offense of any section of Chapter 55. Chief Oblein explained that it is not the intent of the Police Department to issue a lot of citations or take animals away from their owners. They are just having a problem with residents that continuously ignore the rules and need an alternative beyond issuing a citation. Crowner made a motion, second by Raleigh, to approve the first reading of an ordinance concerning instituting a municipal infraction for violating Chapter 55, Animal Protection and Control, of the City Code. Roll call vote. Johnson, Lees, Pilger, Crowner, Raleigh voted aye. Motion carried.

Consider the First Reading of an Ordinance Establishing a Service Fee for False Alarms – At the March 28^th meeting Council voted to table the proposed ordinance establishing a service fee for false alarms in order to clarify certain sections concerning the number of free false alarms and exceptions to the penalty during the repair of an alarm system. Administrator Mandsager reviewed changes to ordinance. Crowner made a motion, second by Pilger, to approve the first reading of an ordinance establishing a service fee for false alarms. Roll call vote. Lees, Pilger, Crowner, Raleigh, Johnson voted aye. Motion carried.

Consider the Second Reading of an Ordinance Relating to the Adoption of Additional Fees – at the March 28^th meeting Council approved the First reading of the ordinance adopting fees for inspections, plan view and vendor permits, with a couple of changes. The proposed ordinance reflects the changes to allow for a two day temporary vendor permit. It also allows the City Administrator and Council to waive temporary vendor fees for certain events such as farmers markets, non-profit group activities and special events. Crowner made a motion, second by Raleigh, to approve the second reading of an ordinance relating to the adoption of additional fees. Johns stated that he opposed the ordinance because he felt that building permit fees should be able to cover the cost for plan review, inspections and vendor permit. Roll call vote. Pilger, Crowner, Raleigh, Lees voted aye. Johnson voted nay. Motion carried.

Consider the Second Reading of an Ordinance Increasing Council Pay from $35.00 to $50.00 per Meeting – Raleigh made a motion, second by Pilger, to approve the second reading of an ordinance increasing council pay from $35 to $50 per meeting. Roll call vote. Raleigh and Pilger voted aye. Crowner, Johnson and Lees voted nay. Motion failed.

Consider the Third Reading of an Ordinance Increasing Sewer Rental Rates to $2.00 per 1,000 gallons – Lees made a motion, second by Crowner, to approve the third reading of an ordinance increasing sewer rental rates from $1.80 to $2.00 per 1,000 gallons. Roll call vote. Lees, Pilger and Crowner voted aye. Crowner and Johnson voted nay. Motion carried.

Consider the Third Reading of an Ordinance Increasing Garbage Collection Rates to $7.34 per month – Pilger made a motion, second by Lees, to approve the third reading of an ordinance increasing garbage collection fees from $5.00 to $7.34 per month. Roll call vote. Johnson, Lees, Pilger, Crowner and Raleigh voted aye. Motion carried.

PROCLAMATION – Fair Housing Month - Mayor Trousil read a proclamation proclaiming the month of April as "Fair Housing Month" in the City of West Burlington.

CITIZEN INQUIRIES: - Crowner reported that the traffic signal at on Mt. Pleasant at St. Mary’s was still not working and asked if it was going to be repaired or removed. Public Works Director Fry will get a quote to repair the signal.

MAYOR INQUIRIES: - Mayor Trousil reminded Council that Wed., April 13^th at 3:15 p.m. Govenor Tom Vilsack would be at Southeastern Community College to make an announcement concerning Economic Development Grants that had been secured by Southeast Iowa Regional Planning. Mayor Trousil also informed Council that on Thursday, April 14^th at 1:00 p.m. delegates from Russia will be in town touring the area and visiting city hall.

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

Approved Kelly D. Fry, City Clerk

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