Regular City Council
Regular MeetingWest Burlington, IA · June 15, 2022
Agenda
CITY OF WEST BURLINGTON
Regular City Council Meeting
Wednesday, June 15, 2022 - 6:00 PM
West Burlington City Hall
122 Broadway Street
TENTATIVE AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PERFECTING & APPROVAL OF AGENDA
CONSENT AGENDA
1. Approve minutes from the Regular City Council meeting on June 1, 2022
Regular City Council - Jun 01 2022 - Minutes - Html
2. Approve Liquor License for Broadway Bar and Grill, Inc. Outdoor Service Area on July
4, 2022
Liquor License - Broadway
Outdoor Service Area Map - 2022 4th of July
3. Approve Cigarette Permit renewals for Westland Fast Break, Hwy 34 Truck Stop,
Casey's, Murphy USA, Walmart, MK Minimart
Cigarette Memo for Council - 2022
4. Approve Clerk's Monthly Financial Report for April 2022
Clerk's Monthly Treasurers Report - April 2022
5. Approve Clerk's Monthly Financial Report - May 2022
Clerk's Monthly Treasurers Report - May 2022
6. Approve additional swimming pool staff for the 2022 pool season
Pool Staff - 2022060122
7. Approve Payment to Land & Water Vegetation Control, LLC - $6,300
Invoice - Land & Water Vegetation Control
8. Approve payment to Hydro-View - $6,235
Invoice - Hydroview
9. Approve payment to Snyder & Associates for engineering services related to the
Water Tower & Booster Station Project - $13,090.40
Invoice - Snyder
Page 1 of 31
10. Approve payment of Claims as listed on the June 15, 2022, Expense Approval Report -
$158,588.17
Claims List 061522
COUNCIL & STAFF REPORTS
ADMINISTRATOR:
PUBLIC WORKS:
POLICE DEPARTMENT:
FIRE/BUILDING DEPARTMENT:
CLERK/FINANCE/IT:
OTHER STAFF REPORTS:
COUNCIL REPORTS:
COMMUNITY REPORTS:
CITIZEN INQUIRIES
NEW BUSINESS
1. Discuss proposed changes to Stipend for West Burlington Firefighters for Fiscal Year
2022 -2023
Proposed - Fire Department Stipend 2022
2. Consider a Resolution authorizing the filing of an application for State Recreational
Trail Funding for the Construction of a Trail along Gear Ave. from the south side of
Highway 34 interchange to Huston Street
Proposed - App for State Rec Trail Funding - Gear Ave Trail - Phase II
3. Consider the renewal of a contract with LaVeine Sanitation for solid waste collection
services from July 2022 - June of 2025
Proposed Contract Renewal for LaVeine Sanitation
4. Discuss amending Chapter 53 of the City Code related to grass and weed
Chapter 53 - Grass and weeds - CURRENT CODE
OLD BUSINESS
CITIZEN INQUIRIES
ADJOURN
Page 2 of 31
Agenda Item #1.
West Burlington
Regular City Council Meeting Minutes
Wednesday, June 1, 2022
The West Burlington City Council met in regular session on Wednesday, June 1, 2022, at 6:00 p.m. at
West Burlington City Hall, 122 Broadway Street, West Burlington, Iowa, with Mayor Ron Teater
presiding.
MEMBERS PRESENT: Ron Teater, Kathy Newberry, Andy Crowner, John Johnson, Therese Lees,
and Melanie Young
MEMBERS ABSENT:
ALSO PRESENT: Police Chief Jesse Logan, Fire Chief/Building Inspector Shaun Ryan, Public
Works Director Mike Brissey, City Clerk Kelly Fry, IT Administrator Brad
Newberry, Finance Manager Angela Moore, and City Administrator Gregg
Mandsager
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PERFECTING & APPROVAL OF AGENDA
Moved by Lees, seconded by Johnson, to approve the agenda as amended to remove item #4 - Pay
Request for the South Lift Station Project and item #5 - Resolution accepting the South Lift Station
Project.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
CONSENT AGENDA
● Minutes from the Regular City Council meeting on May 18, 2022
● Liquor License Renewal for Wal-Mart
● Hiring additional swimming pool staff for the 2022 pool season
● Payment to Burlington Public Library - $24,263.40
● Promotion of Jason Shackleford to Battalion Chief and Ethan Allen to Captain within
the Fire Department
● Claims as listed on the June 1, 2022, Expense Approval Report for $1,036,751.27
Moved by Crowner, seconded by Newberry, to approve the Consent Agenda items as presented.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
COUNCIL & STAFF REPORTS
Page 3 of 31
Agenda Item #1.
PROCLAMATIONS
Alzheimer and Brain Awareness Month - Mayor Trousil read a Proclamation naming June Alzheimer
and Brain Awareness Month in the City of West Burlington.
CITIZEN INQUIRIES
No inquiries.
NEW BUSINESS
Consider a Resolution Setting a Date for Public Hearing on the Proposed July 2022 Urban Renewal
Plan Amendment
Approved a Resolution setting a Public Hearing date of July 6, 2022, at 6:00 p.m. on the question of
amending the Urban Renewal Plan for the West Burlington Urban Renewal Area. The amendment
includes (1) updating the description of the Greater Burlington Partnership Support Program previously
approved in the October, 2019 Amendment to the Plan; and (2) authorizing the undertaking of new
urban renewal projects in the Urban Renewal Area consisting of (a) using tax increment financing to
pay the costs of the City’s Urban Renewal Administration and Professional Support Program; (b) using
tax increment financing to pay the costs of initiating and conducting a housing demand study; (c) using
tax increment financing to pay the costs of the City’s acquisition of property for future recreational and
commercial development; and (d) providing tax increment financing support to Midwest Realty Group,
Inc. in connection with the development of a residential housing subdivision and the corresponding
construction of public infrastructure.
Moved by Crowner, seconded by Young, to approve a Resolution setting a Public Hearing date of July 6,
2022 to consider the July 2022 Urban Renewal Plan Amendment.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Discuss changes to the external power on the North side of City Hall
Crowner asked Council to consider adding additional external power on the north side of City Hall to
provide additional capacity for the 4th of July Celebration. Josh Schuff with 3E Electrical was at the
meeting to discuss what would be involved to add the additional power. The entire project including
materials and labor is estimated at $19,548. 3E informed Council that they would be donating
$10,159.94 toward the project leaving the City a remaining balance of approximately $9,344.54. City
Administrator Mandsager recommended funding the remaining balance with funding from the
Hotel/Motel Tax fund, which can be used for a public purpose such as supporting the City's 4th of July
event. Council thanked 3E for the generous donation and Young challenged Council to think of other
ways to utilize the power for other events.
Moved by Lees, seconded by Newberry, to move forward with the installation of additional external
power to the outside of City Hall as presented by 3E Electrical.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Consider the purchase of a vehicle for the Police Department
Chief Logan asked Council for permission to order a 2023 Chevrolet Tahoe Police 4WD Pursuit Rated
squad car. Chief Logan received a quote of $41,282.00 from Karl Chevrolet in Ankeny, Iowa. Karl
Chevrolet is the current State Bid dealership in Iowa. Due to delays in delivery and manufacturing, the
earliest Ford police vehicles would be available is in November of 2022. Dodge has canceled about
Page 4 of 31
Agenda Item #1.
9,000 orders nationwide a few months back and maybe not be making police units in the future. The
City budgeted $40,000 for a new squad car plus equipment but at this time we cannot keep it under
that price and equipment costs would be an additional cost on top of the $41,282. Johnson asked that
local dealerships be given the opportunity to find a vehicle before going out of town. Chief Logan
explained that the State Bid is the lowest price, which is why he went with Karl Chevrolet. Logan said
he would reach out to the local dealerships again before moving forward with the bid from Karl
Chevrolet.
Moved by Young, seconded by Lees, to approve the purchase of a 2023 Chevrolet Tahoe Police 4WD
vehicle in an amount not to exceed $41,282 from Karl Chevrolet unless the same vehicle can be
purchased locally and delivered within the same time period.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Consider a Resolution temporarily closing certain streets for the annual 4th of July Celebration
Council considered a Resolution restricting vehicle traffic in the downtown area and temporarily
closing the following streets to vehicle traffic from 7:00 a.m. July 1, 2022 to 8:00 a.m. July 5, 2021.
Portions of the following streets may be closed and re-opened as necessary during this time period.
Signage will be used to identify the areas of closure.
Broadway Street from Mt Pleasant Street to Huston Street
Swan Street from Mt. Pleasant to Wheeler Street
Glasgow Street from Leffler Street to Broadway Street
Wheeler Street from Leffler Street to Swan Street
Leffler Street from Wheeler Street to Mt Pleasant Street
The 100 and 200 blocks of the North/South alleys between Swan Street and Leffler Street.
Autumn Ln. from Huston St. to Van Weiss St. from 7:00 a.m. to 11:00 a.m. for the Kids Bicycle
Races (on July 4th only)
Huston Street from West Burlington Ave. to Autumn Ln. from 3:00 p.m. to 6:00 p.m. for the 4th
of July Parade (on July 4th only)
Moved by Lees, seconded by Johnson, to approve a Resolution temporarily closing certain streets for
the annual 4th of July Celebration as listed above.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Consider a Resolution amending Wages for Swimming Pool Employees for the 2022 Pool Season
Council discussed amending wages for Swimming Pool Employees for the 2022 Pool Season to include
hiring Bethany Nannen as the Pool Manager wage of $30/hour. Council also reduced the number of
hours an employee needed to work to be eligible for the "End of Season Bonus" from 300 hours to 150
hours, which is more in line with the way the staff is scheduled and the potential hours the pool will be
open during the summer.
Moved by Lees, seconded by Young, to approve a Resolution amending swimming pool wages for the
2022 pool season and hiring Bethany Nannen as the pool manager.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Page 5 of 31
Agenda Item #1.
Consider a Resolution setting Non-Union Wages for Fiscal Year 2022-2023
Council considered a Resolution setting wages for non-union personnel for the 2022-2023 fiscal year.
The wages reflect a four (4%) increase.
Moved by Lees, seconded by Crowner, to approve a Resolution setting non-union wages for Fiscal Year
2022-2023.
Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Consider the final reading of an Ordinance setting Water Rates for Fiscal Year 2022-2023
Council considered the final reading of an Ordinance setting water rates for Fiscal Year 2022-2023 to
reflect a decrease of $3.00 in the base charge of the water rate structure. The current base rate is
$33.16 for 3,000 gallons of water. The new base charge will be $30.16.
Moved by Lees, seconded by Young, to approve the final reading of an Ordinance setting Water Rates
for Fiscal Year 2022-2023.
Motion carried by the following votes:
Ayes: Crowner, Lees, Newberry, Johnson, and Young
OLD BUSINESS
CITIZEN INQUIRIES
CLOSED SESSION
Mayor Teater asked for a motion to go into Closed Session in accordance with Iowa Code Section
21.5.1(i) to evaluate the professional competency of an individual whose appointment, hiring,
performance or discharge is being considered when necessary to prevent needless and irreparable
injury to that individuals' reputation and that individual requests a closed session.
Moved by Crowner, seconded by Lees, to go into Closed Session at 7:04 p.m. in accordance with Iowa
Code Section 21.5.1(i). Motion carried by the following votes:
Ayes: Newberry, Crowner, Johnson, Lees, and Young
Council came out of Closed Session at 7:26 p.m. No official action was taken during the Closed Session.
ADJOURN
There being no further business, the meeting adjourned at 7:26 p.m.
Approved
Ron Teater, Mayor
Page 6 of 31
Agenda Item #1.
Kelly D. Fry, City Clerk
Page 7 of 31
Page 1 of 2
Agenda Item #2.
Applicant
NAME OF LEGAL ENTITY NAME OF BUSINESS(DBA) BUSINESS
BROADWAY BAR AND GRILL, The Broadway (319) 759-0634
INC.
ADDRESS OF PREMISES PREMISES SUITE/APT NUMBER CITY COUNTY ZIP
111 Broadway Street West Des 52655
Burlington Moines
MAILING ADDRESS CITY STATE ZIP
7 29th Place Fort Madison Iowa 52627
Contact Person
NAME PHONE EMAIL
Shayna Smith (319) 759-0634 shayrand@hotmail.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE TERM STATUS
LC0047873 Class C Liquor License 12 Month Submitted
to Local
Authority
TENTATIVE EFFECTIVE DATE TENTATIVE EXPIRATION DATE LAST DAY OF BUSINESS
Jan 7, 2022 Jan 6, 2023
SUB-PERMITS
Class C Liquor License
Page 8 of 31
Page 2 of 2
Agenda Item #2.
PRIVILEGES
Catering, Outdoor Service, Sunday Service
Status of Business
BUSINESS TYPE
Privately Held Corporation
Ownership
No Ownership information found
Insurance Company Information
INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
Badger Mutual Insurance Dec 28, 2021 Dec 28, 2022
Company
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE OUTDOOR SERVICE EXPIRATION
DATE DATE
July 4, 2022 July 5, 2022
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE TEMP TRANSFER EXPIRATION
DATE DATE
Page 9 of 31
Agenda Item #2.
, V).
P-
Lu
u.:
:2
+-
(I)
>-
<
3
D
<
O
0:
an
OUTDOOR SERVICE AREA:
DATE: JULY 4, 2043?T’
BUSINESS NAME:
ADDREESS: I
CONTACT:
SERVICE AREA: 00 Block of Broadway St., including intersection of Wheeler St.
and Broadw St.
Page 10 of 31
Agenda Item #3.
MEMORANDUM
TO: Mayor, City Council, and City Administrator
FROM: Kelly Fry, City Clerk
DATE: June 10, 2022
RE: Cigarette Permit Applications
Issue:
Cigarette Permits expire June 30th each year. The following entities have applied
for renewal and paid the $75.00 fee:
PMT # NAME
2021-01 Westland Fast Break
2021-02 Hwy 34 Truck Stop
2021-03 Casey's
2021-04 Murphy USA
2021-05 Walmart
2021-06 MK Mini Mart Inc.
Recommendation:
Approve Cigarette Permits for Fiscal Year 2022-2023.
Page 11 of 31
Agenda Item #4.
CLERK'S MONTHLY TREASURER'S REPORT
APRIL 2022
Beginning Net Change Actual
Fund Revenues Expenses Liabilities
Cash Balance Ending Balance
001 - GENERAL $ 463,570.62 $ 596,368.54 $ 238,962.30 $ (562.88) $ 821,539.74
002 - HOTEL/MOTEL TAX FUND $ 144,001.79 $ - $ 9,012.84 $ - $ 134,988.95
052 - 4TH JULY CELEBRATION $ 15,782.02 $ 825.00 $ 11,868.65 $ - $ 4,738.37
110 - ROAD USE TAX $ 160,126.84 $ 48,101.54 $ 28,463.48 $ - $ 179,764.90
112 - EMPLOYEE BENEFITS $ 162,554.75 $ 95,559.35 $ - $ - $ 258,114.10
121 - LOCAL OPTION SALES TAX $ 954,065.55 $ 51,758.78 $ - $ - $ 1,005,824.33
124 - TIF REBATE $ 152,397.87 $ - $ - $ - $ 152,397.87
128 - LMI SET ASSIDE $ 135,460.78 $ - $ - $ - $ 135,460.78
129 - TIF DEBT SERVICE $ 1,939,354.92 $ 59,565.35 $ - $ - $ 1,998,920.27
160 - ECONOMIC DEVELOPMENT $ - $ - $ - $ - $ -
200 - DEBT SERVICE $ (50,545.00) $ - $ 300.00 $ - $ (50,845.00)
301 - CAPITAL PROJ. MT. PLEASANT (GEAR- US34) P $ - $ - $ - $ - $ -
302 - CAPITAL RESERVE - FIRE $ 439,050.34 $ - $ - $ - $ 439,050.34
303 - CAPITAL RESERVE - POLICE $ 70,458.94 $ - $ - $ - $ 70,458.94
304 - STBG/SWAP MT PLEASANT ST PHASE 2 $ - $ - $ - $ - $ -
305 - CAPITAL RESERVE - PUBLIC WORKS $ - $ - $ - $ - $ -
306 - CAPITAL RESERVE - ADMIN $ 35,055.92 $ - $ - $ - $ 35,055.92
307 - CAPITAL RESERVE - CITY HALL $ 45,477.77 $ - $ - $ - $ 45,477.77
310 - FEDERAL GRANT $ 216,060.65 $ - $ - $ - $ 216,060.65
311 - CAPITAL RESERVE - POOL $ 12,731.95 $ - $ - $ - $ 12,731.95
314 - CAPITAL RESERVE AIRPORT $ - $ - $ - $ - $ -
315 - CAPITAL PROJ/SIDEWALKS $ 4,003.73 $ - $ - $ - $ 4,003.73
316 - GO BOND FOR 17_18 STREET PROJECTS $ 47,041.52 $ 9.35 $ - $ - $ 47,050.87
317 - CAPITAL RESERVE - IT $ 10,000.00 $ - $ - $ - $ 10,000.00
318 - ECONOMIC DEVELOPMENT TEMP $ - $ - $ - $ - $ -
319 - CAPITAL RESERVE - PARKS $ 5,000.00 $ - $ - $ - $ 5,000.00
320 - 2022 GO BOND MT PLEASANT ST PHASE 2 $ 522,524.55 $ - $ - $ - $ 522,524.55
600 - WATER $ (619,398.81) $ 113,396.08 $ 151,794.83 $ (422.26) $ (657,375.30)
601 - BEAVERDALE ESCROW $ 73,473.91 $ 843.32 $ - $ - $ 74,317.23
602 - WESTWOOD ESCROW $ 8,307.90 $ - $ 30.15 $ - $ 8,277.75
603 - WOODSMAN ESCROW $ 29,904.16 $ 190.00 $ 30.16 $ - $ 30,064.00
604 - WATER REVENUE BOND SINK $ 318,782.83 $ 36,789.27 $ - $ - $ 355,572.10
605 - CAPITAL RESERVE - WATER $ 22,546.15 $ - $ - $ - $ 22,546.15
610 - SEWER $ (8,512.15) $ 143,975.28 $ 148,584.57 $ (142.19) $ (12,979.25)
611 - CAPITAL RESERVE - SEWER $ 72,690.42 $ - $ - $ - $ 72,690.42
612 - CAPITAL PROJECT - SEWER $ 33,370.51 $ 1,770.22 $ - $ - $ 35,140.73
613 - WASTEWATER PLANT IMPROV $ - $ - $ - $ - $ -
614 - SRF SWR REVENUE BOND SINKING FUND $ 491,475.93 $ 70,557.00 $ - $ - $ 562,032.93
820 - RISK MANAGEMENT/SELF-IN $ (22,050.09) $ 2.94 $ 18,189.91 $ (1,557.89) $ (38,679.17)
821 - FLEX ACCOUNT $ (6,504.85) $ - $ 4,512.27 $ (1,334.15) $ (9,682.97)
950 - AGENCY FUND $ - $ - $ - $ - $ -
951 - TRUST & AGENCY WATER DE $ 123,983.70 $ 400.00 $ - $ - $ 124,383.70
$ 6,002,245.12 $ 1,220,112.02 $ 611,749.16 $ (4,019.37) $ 6,614,627.35
RECONCILIATION WITH BANK STATEMENTS ENDING BAL
TWO RIVERS $ 6,760,716.68
F&M HEALTH INS $ 16,754.41
F&M INT/TRANSFER $ 50,941.37
DATE APPROVED : 05/18/2022
PETTY CASH/DRAWER $ 380.00
BY CITY COUNCIL: _______________________
TOTAL
LESS OUTSTANDING ITEMS: $ 214,165.11
ENDING BANK BALANCE $ 6,614,627.35
DIFFERENCE $ -
Page 12 of 31
Agenda Item #5.
CLERK'S MONTHLY TREASURER'S REPORT
MAY 2022
Beginning Net Change Actual
Fund Revenues Expenses
Cash Balance Liabilities Ending Balance
001 - GENERAL $ 821,539.74 $ 125,661.29 $ 210,379.57 $ $
53,886.08 682,935.38
002 - HOTEL/MOTEL TAX FUND $ 134,988.95 $ 14,801.06 $ - $ - $ 149,790.01
052 - 4TH JULY CELEBRATION $ 4,738.37 $ 5,885.00 $ 1,837.74 $ 1,118.74 $ 7,666.89
110 - ROAD USE TAX $ 179,764.90 $ 18,359.95 $ 31,050.21 $ 2,390.60 $ 164,684.04
112 - EMPLOYEE BENEFITS $ 258,114.10 $ 15,214.71 $ - $ - $ 273,328.81
121 - LOCAL OPTION SALES TAX $ 1,005,824.33 $ 60,890.14 $ - $ - $ 1,066,714.47
124 - TIF REBATE $ 152,397.87 $ 43,187.04 $ - $ - $ 195,584.91
128 - LMI SET ASSIDE $ 135,460.78 $ - $ - $ - $ 135,460.78
129 - TIF DEBT SERVICE $ 1,998,920.27 $ 54,931.99 $ - $ - $ 2,053,852.26
160 - ECONOMIC DEVELOPMENT $ - $ - $ - $ - $ -
200 - DEBT SERVICE $ (50,845.00) $ - $ 563,825.00 $ - $ (614,670.00)
301 - CAPITAL PROJ. MT. PLEASANT (GEAR- US34) P $ - $ - $ - $ - $ -
302 - CAPITAL RESERVE - FIRE $ 439,050.34 $ - $ - $ - $ 439,050.34
303 - CAPITAL RESERVE - POLICE $ 70,458.94 $ - $ - $ - $ 70,458.94
304 - STBG/SWAP MT PLEASANT ST PHASE 2 $ - $ - $ - $ - $ -
305 - CAPITAL RESERVE - PUBLIC WORKS $ - $ - $ - $ - $ -
306 - CAPITAL RESERVE - ADMIN $ 35,055.92 $ - $ - $ - $ 35,055.92
307 - CAPITAL RESERVE - CITY HALL $ 45,477.77 $ - $ - $ - $ 45,477.77
310 - FEDERAL GRANT $ 216,060.65 $ - $ - $ - $ 216,060.65
311 - CAPITAL RESERVE - POOL $ 12,731.95 $ - $ - $ - $ 12,731.95
314 - CAPITAL RESERVE AIRPORT $ - $ - $ - $ - $ -
315 - CAPITAL PROJ/SIDEWALKS $ 4,003.73 $ - $ - $ - $ 4,003.73
316 - GO BOND FOR 17_18 STREET PROJECTS $ 47,050.87 $ 10.31 $ - $ - $ 47,061.18
317 - CAPITAL RESERVE - IT $ 10,000.00 $ - $ - $ - $ 10,000.00
318 - ECONOMIC DEVELOPMENT TEMP $ - $ - $ - $ - $ -
319 - CAPITAL RESERVE - PARKS $ 5,000.00 $ - $ - $ - $ 5,000.00
320 - 2022 GO BOND MT PLEASANT ST PHASE 2 $ 522,524.55 $ - $ 9,000.00 $ - $ 513,524.55
600 - WATER $ (657,375.30) $ 110,862.88 $ 298,017.72 $ 2,570.38 $ (847,100.52)
601 - BEAVERDALE ESCROW $ 74,317.23 $ 859.71 $ - $ - $ 75,176.94
602 - WESTWOOD ESCROW $ 8,277.75 $ - $ 32.58 $ - $ 8,245.17
603 - WOODSMAN ESCROW $ 30,064.00 $ 165.00 $ 32.58 $ - $ 30,196.42
604 - WATER REVENUE BOND SINK $ 355,572.10 $ 36,789.27 $ 14,489.33 $ 289,734.18 $ 88,137.86
605 - CAPITAL RESERVE - WATER $ 22,546.15 $ - $ - $ - $ 22,546.15
610 - SEWER $ (12,979.25) $ 105,026.20 $ 133,970.51 $ 4,795.91 $ (46,719.47)
611 - CAPITAL RESERVE - SEWER $ 72,690.42 $ - $ - $ - $ 72,690.42
612 - CAPITAL PROJECT - SEWER $ 35,140.73 $ 1,694.60 $ - $ - $ 36,835.33
613 - WASTEWATER PLANT IMPROV $ - $ - $ - $ - $ -
614 - SRF SWR REVENUE BOND SINKING FUND $ 562,032.93 $ 70,557.00 $ (14,489.33) $ - $ 647,079.26
820 - RISK MANAGEMENT/SELF-IN $ (38,679.17) $ 91,801.98 $ 20,046.08 $ (3,325.24) $ 36,401.97
821 - FLEX ACCOUNT $ (9,682.97) $ - $ 1,525.34 $ (1,056.33) $ (10,151.98)
950 - AGENCY FUND $ - $ - $ - $ - $ -
951 - TRUST & AGENCY WATER DE $ 124,383.70 $ 2,200.00 $ - $ - $ 126,583.70
$ 6,614,627.35 $ 758,898.13 $ 1,269,717.33 $ 350,114.32 $ 5,753,693.83
RECONCILIATION WITH BANK STATEMENTS ENDING BAL
TWO RIVERS $ 6,094,509.39
F&M HEALTH INS $ 9,848.54
F&M INT/TRANSFER $ 50,959.23
DATE APPROVED : 05/18/2022
PETTY CASH/DRAWER $ 380.00
BY CITY COUNCIL: _______________________
TOTAL $ 6,155,697.16
LESS OUTSTANDING ITEMS: $ 402,003.33
ENDING BANK BALANCE $ 5,753,693.83
DIFFERENCE $ -
Page 13 of 31
Agenda Item #6.
MEMORANDUM
TO: City Council and Mayor Teater
FROM: Kelly Fry, City Clerk
DATE: June 1, 2022
SUBJECT: Consider Staff for Swimming Pool
At this time, staff has interviewed the following Lifeguard and Admission staff for the
2022 pool season. With Council’s permission, we would like to hire the following pool
staff.
Lifeguard:
Admissions/Concession:
1. Lauren Allen*
2. Tajhanae Martin *
3. Crystal Nisius
4. Taylor Lundgren*
5. Addison Anderson*
6. Kya Long
*Indicated they are willing to lifeguard but would need to obtain their Certification.
The addition of these individuals will bring our count to:
12 - Certified guards (Need a total of 12 -15)
Note: 2 of the 12 have very limited availability, but we wanted to have them
on the list to help with coverage
15– Admission/Concession/Slide Attendants (Need a total of 5-7)
Note: 10 of the 15 are willing to get their Lifeguard Certification
Page 14 of 31
Agenda Item #7.
Page 15 of 31
Agenda Item #8.
--aw 13935 DMCHwy 99
-
Burlington, Iowa 52601
CUSTOMER:
CITY OF WEST BURLINGTON DATE: 3/26/2022
122 BROADWAYSTREET INVOICE# 202207062
WEST BURLINGTON, IA 52655
PHONE: NET 30 DAYS 3‘: 0,235.00
MOBILE: 319- 59-880
ADDRESS
ITEM# DESCRIPTION EAIHRIFT/MI UNITS UNITPRICE AMOUNT
work done behlnd 400-500 block broadway
3:31/2022 camera van (used alone) HR 3.5 $ 300.00 $ 1,050.00
4/4/2022 V O DS E UNS
(off road work)
MOBILIZATION Ml 70 $ 6.00 $ 420.00
TECHNICIANS HR 7 $ 75.00 $ 525.00
work done behind kpi metals
4/27/2022 camera van ‘(used withjetter truck) HR 5.75 $ 250.00 $ 1,687.50
c re dvd in
large jetter truck ‘(used with camera van) HR 4 5 250.00 $ 1,000.00
(chain out roots nozzle)
MOBILIZATION MI 90 5 6.00 $ 540.00
.
TECHNICIANS HR 13.5 $ 75.00 $ 1 ,o12.50
DUUPON CP L EXPENSE
ASSOCIATEDWITH
TA Y0.’ . .' I.'
E 3 ~
ECTEFTSL1“.-'5INTERESTwnu.as ADDITIONALTo me OVERALLAMOLI.~JTDUE
GICOLL
Page 16 of 31
Agenda Item #9.
S NYDER lOWA | MISSOURI | NEBRASKA 1 SOUTH DAKOTA I WlSCONS|N
&ASSOClATES
INVOICE FOR PROFESSIONAL SERVICES
May 27, 2022
Gregg Mandsager
city of west Burlington
Invoice No: 119.0905.08 30 —
122 Broadway Street
West Burlington, IA 52655-1230
Project 119.0905.08 Water Tower and Booster Station Improvements
Professional Services through April 30, 2022
Basic Services
Lump Sum Fees
contract % Total Billed Prevlous Current
Amount Compl to Date Billed Billed
Basic Services 119,500.00 100.00 119,500.00 119,500.00 0.00
Total Fee 119,500.00 119,500.00 119,500.00 0.00
Total Lump Sum Fees 0.00
Phase Subtotal 0.00
Additional Services
Advertising
Task Subtotal 0.00
Phase Subtotal 0.00
Construction Services
Construction Admin
Lump Sum Fees
Total Lump Sum Fees 105,000.00
Percent Complete 73.00 Total Earned 76,650.00
Previous Fee Billing 73,500.00
Current Fee Billing 3,150.00
Total Lump Sum Fees 3,150.00
Task Subtotal $3,150.00
Construction Staking
Lump Sum Fees
Total Lump Sum Fess 18,000.00
50.00 Total Earned 9,000.00
Percent Complete
Previous Fee Billing 5,400.00
Current Fee Billing 3.60000
Total Lump Sum Fees 3,600.00
Task Subtotal $3,600.00
REMITTO: SNYDEREASSOCIATES, INC. p: 888-964-2020 | f: 515-964-7938
Page 17 of 31 Federal E.|.N.42~1379015
Mailing: PO Box 1159 l Ankenv, IA 50021 ......—..--. Al‘l'l'\l‘!A'I'|"l‘ 1-nu
Agenda Item #9.
p.
Project 119.0905.08 WBurllngton-WaterTowerandBoosterstation Invoice 30
Construction Obs
Hourly Services
Hours Rate Amount
Sr. Engineer 3.00 190.00 570.00
Engineer II 4.00 112.00 448.00
Technician VIII 3.00 118.00 354.00
Technician VII 40.00 109.00 4.136000
Total Services 50.00 5,732.00
5,732.00
Employee Mileage 251.55
Total Expenses 251.55 251.55
Fleet Mileage
356.85
Billing Limits Current Prior To-Date
Total Billings 6,340.40 79,258.43 85,598.83
Limit 235,000.00
Remaining 149,401.17
Task subtotal $6,340.40
Phase Subtotal $13,090.40
Amount Due this Invoice §13,090.40
Total Prior Current
Billings to Date 296,628.01 283,537.61 13,090.40
Thank you. We appreciate the opportunityto serve you.
Accounts Receivable Inquiry: ar@snyder-associates.com
Project Manager: Lindsay Beaman
_———————————————————————-—----—————..— age2
pz 888-964-2020I f: 515-964-7938
REMITT0: SNYDER8: ASSOCIATES,INC. Page 18 of 31
FederalE.l.N.42-1379015
Mailing: PO Box 1159 I Ankeny, IA 50021 . ..- -— guano: ova-9 Ann I
Agenda Item #10.
CLAIMS LIST
ACCESS SYSTEMS CONTRACT 5/3-6/2-2022 $ 515.60
ACCO UNLIMITED CORP. POOL CHEMICALS $ 687.00
ALLGOOD ANIMAL HOSPITAL, PC INC VET FEES $ 10.50
ALLIANT ENERGY UTILITIES $ 22,399.35
AMAZON CAPITAL SERVICES SCANNER BATTERY/FOLDERS/PAPER/TIME CLCOK $ 294.30
ARAMARK DOOR MAT SERVICE $ 38.95
ASCAP LICENSE FEE $ 36.75
BAUER BUILT INC. FLAT REPAIR/UNILOADER TIRES $ 893.60
BICKEL'S CYCLING & FITNESS Inc. BIKES-4TH OF JULY $ 614.96
BOSS VENDING POOL CONCESSIONS $ 4,693.20
BURLINGTON MUNICIPAL WATERWORKS MAY WATER SALES 10,196,200/GE WATER $ 26,752.74
CELLEBRITE, INC. FORENSIC SOFTWARE $ 4,300.00
CENTURYLINK POOL PHONE $ 29.55
CKENDALL CONSULTING, LLC CONSULTING FEES $ 1,413.72
CRAFTSMAN PRESS ENVELOPES/FORMS-PD $ 461.00
DAVE BESSINE ELECTRIC, INC. SERVICE CALL-POOL $ 498.82
DES MOINES CO. ATTORNEY MONTHLY PROSECUTION FEE $ 333.33
DES MOINES CO. NEWS CORP. PUBLICATIONS $ 264.97
DES MOINES CO. REGIONAL LANDFILL WASTE MANAGEMENT FEE/BRUSH/SPRING CL UP $ 4,707.68
EASTERN IOWA LIGHT & POWER EMERALD DR/BEAVERDALE SEC LIGHT $ 151.43
EBS -EMPLOYEE BENEFIT SYS INC FLEX $ 119.67
EBS/ZELIS/PAY PLUS PARTIAL SELF FUNDING $ 4,192.25
FASTENAL COMPANY STAINLESS BOLTS $ 27.54
FRANK MILLARD & CO. INC. SERVICE CALL-POOL $ 1,551.00
GREATER BURLINGTON PARTNERSHIP HOTEL MOTEL TAX $ 7,252.52
HUFFMAN'S FARM & HOME SHORTS-JOHN SCHNEDEN/CABLE TIES/GLOVES $ 192.40
HYDRO-VIEW MIDWEST, LLC VIDEO AND RECORD SEWER PIPE RUNS $ 6,235.00
IMWCA WC PREMIUM 25% $ 11,116.00
INDUSTRIAL ELECTIC MOTORS POOL JUICE 911 $ 95.97
KEVIN FEEHAN VEGETATION CONTROL $ 6,300.00
KLINGNER & ASSOCIATES P.C. INC LOCATE PROPERTY LINES-SEWER PLANT $ 300.00
LAVEINE SANITATION SERVICE INC JUNE GARBAGE HAULING $ 13,486.08
LINDE GAS & EQUIPMENT INC. SAFETY GLASSES $ 8.59
LISCO PHONE AND INTERNET SERVICE $ 1,118.67
LOWE'S COMPANIES INC. POST/CONCRETE $ 48.52
LYNCH DALLAS, PC. POLICE NEGOTIATIONS $ 675.00
MENARDS HINGE/FLOWERS/FRAMES/MISC $ 60.83
PALM SPRINGS BOTTLED WATER DISPENSER RENTAL & WATER $ 67.80
REIF OIL CO. MAY FUEL $ 5,620.87
RIVER BASIN PUBLICATIONS SUMMER NEWSLETTER/POOL COUPON PRINTING $ 2,132.00
RIVERSTONE GROUP INC COLD MIX/PATCH $ 1,015.20
SHERWOOD COMPANY, INC. REPAIR POOL UMBRELLAS $ 390.00
SHOTTENKIRK SUPERSTORE, INC REPAIRS/TAILLIGHT/BATTERY/WINDSHIELD TUBE $ 1,407.40
SNYDER & ASSOCIATES INC. WATER TOWER & BOOSTER STATION IMP $ 13,090.40
STAPLES ADVANTAGE INK $ 313.78
STATE HYGIENIC LABORATORY WATER TESTING $ 54.00
THOMSON REUTERS - WEST CORP. MAY CHARGES $ 278.00
TREASURER STATE OF IOWA-SALES TAX MAY SALES TAX/WATER EXCISE TAX $ 8,901.29
TYLER TECHNOLOGIES, INC. JOURNAL ENTRY CORRECTIONS $ 250.00
US CELLULAR CELL SERVICE $ 233.80
WENDY PORTER JUNE JANITORIAL SERVICE-CITY HALL/PUB WKS $ 795.00
WEST BURLINGTON PETTY CASH FUND PETTY CASH-SWIMMING POOL $ 800.00
WEX BANK FUEL-MAY $ 1,251.14
ZACH BOYD MOWING-410 PRAIRIE $ 110.00
Page 19 of 31
Agenda Item #10.
Fund Payment Amount
001 - GENERAL $ 71,448.99
002 - HOTEL/MOTEL TAX FUND $ 7,252.52
052 - 4TH JULY CELEBRATION $ 837.97
110 - ROAD USE TAX $ 8,545.42
600 - WATER $ 45,489.70
602 - WESTWOOD ESCROW $ 32.71
603 - WOODSMAN ESCROW $ 32.70
610 - SEWER $ 20,636.24
820 - RISK MANAGEMENT/SELF-IN $ 4,192.25
821 - FLEX ACCOUNT $ 119.67
Grand Total: $ 158,588.17
Page 20 of 31
Agenda Item #1.
RESOLUTION NO. 2022-_____
A RESOLUTION SETTING THE STIPEND FOR
WEST BURLINGTON VOLUNTEER FIREFIGHTERS
BE IT RESOLVED, by the City Council of the City of West Burlington, Iowa, the Volunteer/Paid-
on-Call Firefighters shall receive a stipend effective July 1, 2022. The Finance Officer is
authorized to issue warrants, less legally required or authorized deductions and to make such
contribution to IPERS and Social Security or other purposes as required by law or authorized of
the City Council, all subject to audit and review by the City Council.
Stipends shall be distributed monthly based on actual attendance for alarms the previous
month, beginning with July 2022 alarms.
Stipends:
Deputy Chief - $18 per alarm
Battalion Chief and Division Chief - $15.00 per alarm
Captain - $13.00 per alarm
Lieutenant - $10.50 per alarm
Firefighter - $10.00 per alarm
Probationary Firefighter - $7.50 per alarm
Members shall be compensated for attendance of monthly department training meetings at a rate
of $30 per meeting, not to exceed $60 total per member per month.
Members shall be compensated for active participation in the City Fourth of July event at the
rate of $100.
Members who attend alarms that extend beyond 3 hours shall be compensated at 2X (two
times) their single alarm rate.
No volunteer member shall exceed $990 per month in total stipend, meeting and event
combined.
Total stipend funds dispersed shall not exceed the budgeted amount for Volunteer Firefighter
stipends.
Council Member ____________________ introduced the following and moved the same be
adopted. Council Member ____________________ seconded the motion to adopt. Members of
the City Council of the City of West Burlington, Iowa voted as follows on such motion to adopt
the Resolution:
AYES: __________________________________________________________
NAYS:__________________________________________________________
Page 21 of 31
Agenda Item #1.
WHEREUPON the Mayor declared the motion passed and the foregoing resolution duly adopted
at the regular meeting of the City Council held on the ___________ day of __________, 2022.
____________________________________
Ron Teater, Mayor
ATTEST:
______________________________
Kelly D. Fry, City Clerk
Page 22 of 31
Agenda Item #2.
Resolution 2022-
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR STATE RECREATIONAL TRAIL FUNDING FOR
THE CONSTRUCTION OF A TRAIL ALONG GEAR AVENUE FROM THE SOUTH SIDE OF HIGHWAY 34
INTERCHANGE AT THE ENTRANCE TO SCC NORTH TO HUSTON STREET
WHEREAS, the City of West Burlington is a duly recognized municipal corporation acting under the laws of the
State of Iowa; and
WHEREAS, the City Council is the duly elected government body of West Burlington; and
WHEREAS, the City Council has established goals and identified the Gear Avenue Trail Extension as a priority in
both the Greater Burlington Bike & Pedestrian Plan 2020 and Great River Region Transportation and
Development Plan 2050; and
WHEREAS, the West Burlington City Council endorses the completion of the Gear Avenue Trail Extension from
Southeast Community College north along Gear Avenue to Huston Street; and
WHEREAS, reimbursement funds are available through the State of Iowa under this program, for the
completion of the above improvements; and
WHEREAS, in order to avail itself of possible reimbursement of funds pursuant to any grant under said
program, an application must be filled by the City of West Burlington; and
WHEREAS, the filing of an application is in the best interests of the citizens of the City of West Burlington,
Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST BURLINGTON, IOWA:
That the City of West Burlington fully supports the project to construct a 0.56-mile trail from the south side of
the US Highway 34 interchange at the entrance of Southeastern Community College north to Huston Street,
and assures a minimum local funding match of 25%, and agrees to adequately maintain the trail for its
intended public use for a minimum of 20 years following project completion, and hereby authorizes the City of
West Burlington to apply for funding the improvements through the Southeast Iowa Regional Planning
Commission (SEIRPC).
Council Member introduced the following and moved the same be adopted. Council
Member second the motion to adopt. Members of the City Council of the City of West
Burlington, Iowa, voted as follows on such motion to adopt the Resolution:
AYES:
NAYS:
WHEREUPON the Mayor declared the motion passed and the foregoing resolution duly adopted at a regular
meeting of the City Council held on the day of _________2022.
_____________________________
Ron Teater, Mayor
Attest:
______________________________
Kelly D. Fry, City Clerk
Page 23 of 31
Agenda Item #3.
MUNICIPAL SOLID WASTE DISPOSAL CONTRACT
(Once per week pick-up)
This Agreement is made this 15th day of June 2022, by and between LaVeine Sanitation,
hereinafter called the "Contractor" and the City of West Burlington, Iowa, a municipal
corporation, hereinafter called "City".
The Contractor and City agree as follows:
1. For the consideration herein stated the Contractor shall furnish equipment and personnel
for the pickup, removal, and disposal of solid waste in the City of West Burlington, Iowa.
2. Definitions: The term "solid waste" as used includes the following:
a. Household garbage - meaning all animal, fruit, vegetable, and other waste resulting
from the preparation of food and drink.
b. Rubbish - consisting of paper, magazines, tin cans, bottles, jars, glasses or other
containers and miscellaneous small junk.
3. Equipment: Contractor will furnish during the period of this agreement sufficient
trucks, personnel, and other necessary equipment to pick up and dispose of solid waste in
the City of West Burlington, Iowa, including a "Packer Truck" specifically designed for
the collection and transportation of solid waste. All trucks furnished by the Contractor,
including the aforesaid packer truck, will be of a type suitable for the collection of solid
waste and every truck will meet the requirements of all State Statutes, City Ordinances,
and Board of Health requirements. The Contractor shall pay for the service of all drivers
and other personnel used to carry out the terms of this Solid Waste Disposal Contract,
and the Contractor shall bear the expense of maintenance and operation of all trucks, and
the cost of all labor and materials used in connection with the fulfilling of the terms of
this contract.
The Contractor shall pay all tipping fees, and/or be otherwise responsible for the disposal
of the solid waste.
4. Pick Up - The Contractor shall pick up solid waste from each household located within
the City of West Burlington during the entire period of time covered by this contract.
Said solid waste pick up shall be on a schedule to be agreed upon between the Contractor
and the City with a tentative schedule providing for one pick up per week. The term
Page 24 of 31
Agenda Item #3.
"household" shall include apartment buildings of four or fewer apartments, churches, and
City-owned trash collection cans. The Contractor shall not be required, under the terms
of this contract, to pick up solid waste from any business, apartment complex consisting
of more than two buildings or more than four apartments per building, commercial,
industrial, or educational concern or from any hospital or from any mobile home park or
trailer court.
5. Insurance and Indemnity - This Contractor shall provide compensation insurance for all
his employees or personnel in accordance with the Workmen's Compensation Law of the
State of Iowa. The Contractor will agree to maintain and furnish the City with a
certificate or certificates evidencing public liability and property damage insurance, with
a limit of liability for bodily injury to or death of one person of not less than $500,000.00
and with a total limit of liability for bodily injury to or death of more than one person of
not less than $1,000,000.00. The Contractor shall protect and save harmless said City for
any damages to any real or personal property that may occur by reason of the Contractor's
performance of this contract and from any suit or judgment or other action whatsoever
which shall occur in such performance or growing out of anything done or intended to be
done under the terms of this contract.
6. Solid Waste Disposal Area - The Contractor shall dispose of all solid waste in a Solid
Waste Disposal Area approved by the Iowa State Department of Health, Des Moines
County Board of Health, and the West Burlington City Council.
7. Duration of Contract - This contract shall begin on the 1st day of July 2022 and shall be
in effect for a period of three (3) years and shall expire on the 30th day of June 2025.
8. Consideration - In consideration of the mutual agreement herein set out and in
consideration of the strict performance of said agreements by the Contractor, the City
shall pay to the Contractor, the sum of $14.35 per household based on a house count of
1,024 pickups, payable in equal monthly installments, payable after the last Council
Meeting of each month during the period of time covered by this contract.
Said per household monthly charge is the sum of two variables: tipping fee charges and
collection charges. The Contractor and City agree that, at the effective date of this
agreement, seventy percent (70%) of the per household monthly charge is attributed to
collection services and thirty percent (30%) of the per household monthly charge is
attributed to tipping fee costs. Future increases in the per household monthly charge will
be determined by changes in these two variables, respectively, as set forth in Section 9,
paragraphs B and C below. Therefore, the respective portions of the per household
Page 25 of 31
Agenda Item #3.
monthly charge attributed to these two variables may change over the life of this
Agreement.
9. Increases in Consideration
A. Increase in Pick-Ups. In the event there is an increase in pickups at the end of the
first year covered by this contract of 25 households or more, excluding any households
acquired by reason of annexation or the relocation of residences lost through
condemnation or casualty loss such as fire or tornado or similar catastrophe, then both
parties agree to renegotiate the balance due and owing by reason of this contract. Said
renegotiations are to commence January 15, 2023, and each succeeding January 15
thereafter for the duration of this contract, upon 15 days' notice by either party hereto of
the election to renegotiate the consideration for this contract. Any renegotiated
consideration under this contract shall be effective for the succeeding fiscal year
commencing on July 1 of that year.
B. Tipping Fee Increases. In the event the Des Moines County Regional Solid Waste
Commission increases tipping fees for household refuse at its landfill, then, in that event,
the per household monthly charge as set forth in Section 8 of this Agreement shall be
increased per the following formula:
((A-B) x .30) x C = D
E=B+D
where:
A = current household monthly charge
B = inflationary increases for collection services (paragraph C
below)
C = percent increase in tipping fee
D = new household monthly charge, less inflationary increases
for collection service
E = new household monthly charge
C. Inflationary Increases for Collection Services. The per household monthly charge as set forth
in Section 8 of this Agreement shall increase two percent (2%) on seventy percent (70%) of
the initial monthly charge on July 1, 2022, per the following formula:
Page 26 of 31
Agenda Item #3.
((W-X) x .70) x 1.02 = Y
Z=X+Y
where: W = current household monthly charge
X = tipping fee increases (paragraph B above)
Y = new household monthly charge, less tipping fee increases
Z = new household monthly charge Assuming no increase in the
household monthly charge due to a tipping fee increase (per paragraph B above), the
above formula results in a per household monthly charge of $14.35 during the fiscal year
ending June 30, 2024, and $14.85 during the fiscal year ending June 30, 2025.
Fees are as follows July 1, 2022-June 30, 2023, $14.35 per household.
July 1, 2023-June 30, 2024, $14.35 per household
July 1. 2024-June 30, 2025, $14.85 per household
10. Assignment - The Contractor shall not assign this contract or any part thereof without the
written consent of the Mayor and the City Council of the City, and in the event that such
consent is given, and an assignment of this contract is affected, nevertheless the
Contractor and it' surety or sureties shall remain liable for the faithful performance of the
terms hereof during the period of time covered by such contract.
11. Performance Bond - The Contractor will, upon the acceptance of the contract by the
City, file an approved surety bond in an amount equal to one-fifth (1/5th) of the total
estimated yearly contract price. The surety bond shall be filed with the City Clerk on or
before ten (10) days after the acceptance of the contract by the City and shall provide that
the Contractor will well and satisfactorily perform and execute the work in all respects
according to the contract for the work and will pay all debts incurred in the prosecution of
the work and said bond shall indemnify the City against all loss by reason of any claims,
defects, objections, liens, encumbrances, or cost of suit arising from the non-fulfillment
of any provisions contained herein.
12. Cancellation
A. If Contractor at any time during the period of this contract fails to carry out the work
that is to be done hereunder in a manner satisfactory to City, then City may, at its option,
declare this contract immediately null and void, provided, however, the City shall not
cancel this contract except for reasonable cause.
B. This contract may be canceled by mutual consent of the City and the Contractor by
either party giving one (1) month’s written notice of this request in writing to the other
party, and by written agreement thereof.
Page 27 of 31
Agenda Item #3.
C. Contractor may cancel this contract by giving three (3) month's written notice to City
and by payment to City as liquidated damages a sum equal to the amount to be paid
hereunder by City to Contractor for six (6) months' services commencing on the date of
the signing of this contract.
D. If the Contractor fails to provide and place in operation a packer truck as required
under the terms of this contract, the contract, the contract shall stand automatically
canceled, and the Contractor shall pay to the City as liquidated damages a sum equal to
the amount to be paid by the City to the Contractor for six (6) months service
commencing on the date of the signing of this contract.
13. Supervision of Work. It is understood and agreed between the parties hereto that all
work performed under this contract shall be done under the supervision of the Mayor and
Council of City, or such person or persons as said City may designate, and all work done
hereunder must be performed in a manner entirely satisfactory to said City and in
compliance with all the statutes of the State of Iowa, Municipal Ordinances of the City
and the rules and regulations of the Des Moines County and West Burlington Boards of
Health.
14. Contract Binding on Successors and Assigns This contract shall bind and insure to the
benefit of the administrators, successors, and assigns of the respective parties hereto.
Signed this day of , 2022.
CITY OF WEST BURLINGTON LAVEINES SANITATION
SERVICE
By:
Ron Teater, Mayor
Page 28 of 31
Agenda Item #3.
ATTEST: By:
Kelly Fry, City Clerk
Page 29 of 31
Agenda Item #4.
CHAPTER 53
GRASS AND WEEDS
53.01 Purpose 53.06 Abatement Procedure
53.02 Definitions 53.07 Notification
53.03 Cutting Specifications and Standards of Practice53.08 Notice To Abate: Contents
53.04 Uniform Height Specifications 53.09 Request For Hearing
53.05 Noxious Weeds 53.10 Abatement In Emergency
53.01 PURPOSE.
The purpose of this chapter is to beautify and preserve the appearance of the City by requiring property owners and occupants to
maintain grass lawns at a uniform height within the boundaries of their property and on abutting street right-of-way in order to prevent
unsightly, offensive or nuisance conditions.
53.02 DEFINITIONS.
For use in this chapter, the following terms are defined:
1. “Curb,” “curb line,” or “curbing” means the outer boundaries of a street at the edge of that portion of the street usually traveled by
vehicular traffic.
2. “Cut” or “mow” means to mechanically maintain the growth of grass, weeds or brush at a uniform height.
3. “Owner” means a person owning private property in the City and any person occupying private property in the City.
4. “Parking” means that part of a street, avenue or highway in the City not covered by a sidewalk and lying between the lot line or
property line and the curb line; or on unpaved streets, that part of the street lying between the lot line or property line and that portion of
the street usually traveled by vehicular traffic.
53.03 CUTTING SPECIFICATIONS AND STANDARDS OF PRACTICE.
1. Every property owner shall cut, mow, and maintain all grass, weeds, and brush upon the owner’s property and adjacent to the curb
line or outer boundary of any street, which shall include the parking area abutting the owner’s property, to a uniform height as defined in
Section 53.04.
2. Every property owner shall cut, mow, and maintain grass, weeds, and brush adjacent to the curb line, including the parking area
abutting the owner’s property in such a manner so as to be in conformity with and at an even height with all other grass, weeds, or brush
growing on the remainder of the owner’s property.
3. Vacant and undeveloped property are exempted from subsections 1 and 2, except for the area within 100 feet of the property line
where adjoining an improved street, alley, or developed property including all areas between the property line and the centerline of a
street, alley, or easement.
53.04 UNIFORM HEIGHT SPECIFICATIONS.
Grass, weeds, or brush shall be cut, mowed, and maintained so as not to exceed the following height specifications.
1. Developed residential areas – not to exceed six inches (6").
2. Undeveloped residential areas – not to exceed six inches (6").
3. Business and industrial areas – not to exceed six inches (6").
4. Agriculture areas not exempted by Section 53.03(3) – not to exceed fifteen inches (15").
Grass, weeds, and brush which are allowed to grow in excess of the above specified limitations shall be deemed to be a violation of this
chapter.
53.05 NOXIOUS WEEDS.
1. Every property owner shall cut and control noxious weeds upon the owner’s property and adjacent to the curb line or outer boundary
of any street, which shall include the parking area abutting the owner’s property, by cutting noxious weeds to ground level or use of
herbicides to eliminate or eradicate such weeds.
2. Noxious weeds include any weed growth or plant designated as noxious by the State Department of Natural Resources rules or
regulations or by the Code of Iowa.
53.06 ABATEMENT PROCEDURE.
Upon discovery of any violation of this chapter by the Mayor, Building Inspector, or other authorized municipal officer, such officer
shall cause to be served upon the property owner a written notice to abate the nuisance within seven (7) days.
53.07 NOTIFICATION.
Notification may be in the form of an ordinance or sent by regular mail to the recorded property owner as listed in the records of the Des
Moines County Assessor, Des Moines County, Iowa. Notification in the form of an ordinance means formal notice will be given to all
residents, by publication in the City’s official newspaper that if a violation of Chapter 53 exists on their property the City will proceed
with abatement procedures immediately upon discovery of such violation. When the nuisance exists on a property occupied by a
Page 30 of 31
Agenda Item #4.
structure the City will attempt to post a notice to abate on or near the front entrance of the residence or business forty-eight (48) hours
prior to the City abating it and assessing the costs against the property owner. If the nuisance exists on an empty lot, notice to abate will
be issued only in the form of a certified letter to the property owner as listed in the records of the Des Moines County Assessor.
53.08 NOTICE TO ABATE: CONTENTS. The notice to abate shall contain:
1. A description of what constitutes the nuisance.
2. The location of the nuisance.
3. A statement of the act or acts necessary to abate the nuisance.
4. A reasonable time within which to complete the abatement.
5. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed,
the City will abate it and assess the costs against such person.
53.09 REQUEST FOR HEARING.
Any person ordered to abate a nuisance may have a hearing with the City Administrator as to whether a nuisance exists. A request for a
hearing must be made in writing and delivered to the City Clerk within the time stated in the notice, or it will be conclusively presumed
that a nuisance exists and it must be abated as ordered.
53.10 ABATEMENT IN EMERGENCY.
If it is determined that an emergency exists by reason of the continuing the nuisance or condition, the City may perform any action
which may be required under this chapter without prior notice. The City may assess the costs as provided in Chapter 50 of this Code of
Ordinances.
Page 31 of 31
Get email alerts for West Burlington
A daily email when new agendas and minutes are posted.