Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, (319)753-8124.
MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 42
September 15, 1997
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Sandell, Council
Members Heland, Henry, Scott present. Council Member Thomas participated via electronic
communications for a portion of the Council meeting.
BURLINGTON CITY COUNCIL
CERTIFICATES FOR HONORARY FRIENDS OF THE DEPOT
PROCLAMATIONS: American Business Women's Day - Barb Adrian
Constitution Week - Diane Lerud-Chubb
CONSENT AGENDA: To the Public:
All matters listed under Item I., Consent Agenda, having been discussed were considered to be
routine by the City Council and were enacted by one motion. There was not separate discussion
of these items. If discussion was desired, that item was removed from the Consent Agenda and
was considered separately.
MOTION: To approve all listed under Item I., Consent Agenda.
DISCUSSION: Council Member Scott removed the following Resolutions from the Consent Agenda for discussion at the end of the meeting: Resolution Awarding Contract for the 1997 Dankwardt Park Pathways, and the Resolution Awarding Contract for the 1997 Nancy Neafie Park Improvements. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of the Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, Acres Street, 6th to 7th, Division
I tabled from the August 25, 1997 City Council Meeting
COMMENTS: None.
Motion to Close CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, Acres Street, 6th to 7th, Division I
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
2. Statement: Consideration of the Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, 15th Street, Dunham to Hedge,
Division II tabled from the August 25, 1997 City Council Meeting
COMMENTS: Council Member Scott stated that he would abstain from voting on the Resolution
of Necessity Providing for the Special Assessment of the 1997 Residential Street Improvements,
15th Street, Dunham to Hedge, Division II due to a conflict of interest. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close
(VOTE: 3 - "AYES" HELAND, HENRY, SANDELL
1 - "ABSTAINED" SCOTT) CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, 15th Street, Dunham to Hedge, Division II
DISCUSSION: None.
(VOTE: 3 - "AYES" HELAND, HENRY, SANDELL
1 - "ABSTAINED" SCOTT") ADOPTED
3. Statement: Consideration of the Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, Alley, Valley to Market
Between Leebrick and Garfield, Division III tabled from the August 25, 1997 City
Council Meeting
COMMENTS: Ira Stewart of 118 North Leebrick questioned if the alley from Valley to Market
between Leebrick and Garfield would be constructed of concrete or asphalt. The Public Works
Director stated that the alley would be concrete. He reviewed the plans and specifications to
Council and the viewing audience. Council Member Heland stated that he was glad that Mr.
Stewart attended the meeting. All present had opportunity to speak and nothing additional was
filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, Alley, Valley to Market Between Leebrick and Garfield, Division
III
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
4. Statement: Consideration of the Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, Denmark Street, Madison to
8th, Division IV tabled from the August 25, 1997 City Council Meeting
COMMENTS: The Public Works Director stated that four of the five property owners have
signed a petition against the special assessment of the 1997 Residential Street Improvements,
Denmark Street, Madison to 8th, Division IV. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Receive and File Petition from Property Owners Protesting the Creation of the
Proposed Special Assessment District for Street Improvements on Denmark Street,
Madison to 8th
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
Motion to Close CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, Denmark Street, Madison to 8th, Division IV
DISCUSSION: None.
(VOTE: 4 - "NAYS") FAILED
5. Statement: Consideration of Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, Hedge Street, 15th to 16th,
Division V tabled from the August 25, 1997 City Council Meeting
COMMENTS: Council Member Scott stated that he would abstain from voting on the Resolution
of Necessity Providing for the Special Assessment of the 1997 Residential Street Improvements,
Hedge Street, 15th to 16th, Division V due to a conflict of interest. All present had opportunity to
speak and nothing additional was filed in the office of the City Clerk.
Motion to Close
(VOTE: 3 - "AYES" HELAND, HENRY, SANDELL
1 - "ABSTAINED" SCOTT) CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, Hedge Street, 15th to 16th, Division V
DISCUSSION: None.
(VOTE: 3 - "AYES" HELAND, HENRY, SANDELL
1 - "ABSTAINED" SCOTT) ADOPTED
6. Statement: Consideration of Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, Acres Street, 7th to 8th, Division
VI tabled from the August 25, 1997 City Council Meeting
COMMENTS: None
Motion to Close CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, Acres Street, 7th to 8th, Division VI
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
7. Statement: Consideration of Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, Williams Street, Ironwood to
Hagemann, Division VII tabled from the August 25, 1997 City Council Meeting
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1997
Residential Street Improvements, Williams Street, Ironwood to Hagemann, Division VII to the
Council and viewing audience. All present had opportunity to speak and nothing additional was
filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity Providing for the Special Assessment of the 1997 Residential
Street Improvements, Williams Street, Ironwood to Hagemann, Division VII
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
8. Statement: Consideration of Plans and Specifications for the 1997 Agency and Curran
Street Traffic Signalization
COMMENTS: The City Manager stated that at the last work session Council had specific
questions for staff in regard to the 1997 Agency and Curran Street Traffic Signalization Project.
She stated that staff has not had time to research the answers to the Council's questions. She
urged Council to continue the hearing to the October 6, 1997 City Council meeting. Council
Member Heland made a motion to continue the hearing on the Consideration of Plans and
Specifications for the 1997 Agency and Curran Street Traffic Signalization. Council Member
Henry seconded the motion. All present had opportunity to speak and nothing additional was
filed in the office of the City Clerk.
Motion to Continue to the October 6, 1997 City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
9. Statement: Consideration of An Ordinance Amending Section B.13. Sunnyside Park of
Ordinance No. 3067 Burlington Area Parks, Recreation and Open Space Master Plan
Component of the Burlington Comprehensive Plan
COMMENTS: The City Manager stated that the proposed Ordinance amends the Master Park Plan. She stated that the Ordinance would be amended to include the following: Space for the expansion of the Sunnyside School facility is very limited; In 1997 the City of Burlington and the Burlington School District signed an agreement concerning the expansion of future school facilities into Sunnyside Park; In the event Sunnyside School expansion was necessary, both entities would negotiate in good faith for the transfer of land to accomplish the school expansion if necessary. The Parks Superintendent stated that the wording for the Parks Master Plan was taken from the agreement with the School district. Mayor Sandell stated that he didn't believe the school expansion would have to include Sunnyside Park. He stated that the City has power of eminent domain. He stated that the City was not bound to put the school in the park and could negotiate for the school at another location in the Sunnyside area. He stated that it leaves it open for future Councils. Council Member Heland agreed with Mayor Sandell that the City does have power of eminent domain. He stated that it was his opinion that a couple less homes would be less of a detriment to the neighborhood than intrusion into the park. He stated that Burlington Community School District did not have power of eminent domain, but the City did. Council Member Henry stated that originally in the work session it said "the transfer of City land", which was struck out by Council. He stated that it was the clear intent of Council to leave more than one option if or when that time comes for expansion at Sunnyside School. He stated that as far as the new second paragraph of the Ordinance it reflected the tone of the joint meeting with the school board that cooperation is a two-way street and both parties are open to that and the City will be looking for cooperation with the School district in the near future. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for Preliminary Adoption of the First Reading of An Ordinance Amending
Section B.13. Sunnyside Park of Ordinance No. 3067 Burlington Area Parks, Recreation
and Open Space Master Plan Component of the Burlington Comprehensive Plan
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
10. Statement: Consideration of Lease agreement with Burlington Community School
District for Saunderson Park
COMMENTS: The City Manager stated the proposed lease agreement with Burlington
Community School District for Saunderson Park was a 20 year lease with no cost associated with
it. She stated that the City would maintain the grounds and share in the maintenance of the
retaining wall and the public sidewalk. She stated that there was a standard indemnification
clause and a hold harmless agreement. She stated that if Burlington Community School District
would take the land back the City has an obligation for removing the public improvements. She
stated that it was envisioned that the public improvements would be fully amortized over the 20
year period of time so there would be no loss to the City in the event such an issue would be
brought before a future Council. Mayor Sandell questioned if the lease provided for subletting.
He questioned if the Target Neighborhood could hold a fund raiser. The City Manager stated
that the lease does not provide for subletting. She further stated that it would not be a problem
for the Target Neighborhood to hold a fund raiser. Council Member Henry stated that he spoke
informally with a couple of the members of the school board and they were fully aware of what
was going on in the Saunderson Heights neighborhood and were fully supportive of what the City
was accomplishing in that neighborhood. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Lease agreement with Burlington Community School District for
Saunderson Park
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
11. Statement: Consideration of Plans and Specifications for the 1997 Agency and West
Burlington Avenue Intersection Paving Improvements
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1997
Agency and West Burlington Avenue Intersection Paving Improvements to Council and the
viewing audience. He stated that the estimated cost of the project was $225,000.00, which
includes the upgrade of the traffic signalization. He stated that on April 10, 1997 the City of
Burlington entered into an agreement with the City of West Burlington to split the cost of the
project. He stated that the project would be funded with the 1996 bond sale. He stated that bids
would be received October 8, 1997. He stated that construction would take place in the spring of
1998. He further reviewed the signalization of the intersection. All present had opportunity to
speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 1997 Agency and West Burlington
Avenue Intersection Paving Improvements
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
12. Statement: Consideration of An Encroachment Agreement with MDI Limited Partnership
#61 for the Installation of a Staircase on the East Side of Hotel Burlington
COMMENTS: The Development Director reviewed the encroachment agreement with MDI
Limited Partnership #61 for the installation of a staircase on the east side of Hotel Burlington.
He stated that the agreement would allow for the construction and installation of a stairway 5 feet
wide and 33 inches in length onto the City right-of-way located in the alley bounded to the east
and west by 3rd and 4th Streets and to the north and south by Jefferson and Valley Streets. He
stated that the Police and Fire Department had expressed concern in regard to the narrowness of
the alley. He stated that the agreement provides that the City has determined that there would be
a perceived danger in allowing semi trailer traffic to access the alley and would, therefore,
prohibit this use in the alley. He stated that the City was not prohibiting the bank's trucks or
anyone else's trucks from using the alley, only Metro Plains. Mayor Sandell stated that he didn't
have a problem with the restriction. He stated that the Police Chief raised the question
architecturally that Metro Plains alter the plan and that the actual stairway and stair drop be
moved into the building. He stated that he worked with Metro Plains architects on that issue and
there were major structural elements that prohibit any further movement of the stairs into the
building. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
Motion to Close CARRIED
Resolution Approving An Encroachment Agreement with MDI Limited Partnership #61
for the Installation of a Staircase on the East Side of Hotel Burlington
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
MOTION:
1. Motion to Reconsider the Vote on the Resolution of Necessity Providing for the Special
Assessment of the 1997 Residential Street Improvements, 15th Street, Dunham to Hedge,
Division II, and the Resolution of Necessity Providing for the Special Assessment of the
1997 Residential Street Improvements, Hedge Street, 15th to 16th, Division V
DISCUSSION: After voting on the Resolution of Necessity for the following projects: 1997 Residential Street Improvements, 15th Street, Dunham to Hedge, Division II and the 1997 Residential Street Improvements, Hedge Street, 15th to 16th, Division V, it was determined by the Public Works Director that the Resolution of Necessity requires a super majority vote of the Council. Due to Council Member Scott abstaining from the roll call vote on the two projects, the City Clerk contacted Council Member Thomas via electronic communications to record the vote on the two projects. Council Member Henry made a motion to Reconsider the Vote on the Resolution of Necessity Providing for the Special Assessment of the 1997 Residential Street Improvements, 15th Street, Dunham to Hedge, Division II, and the Resolution of Necessity Providing for the Special Assessment of the 1997 Residential Street Improvements, Hedge Street, 15th to 16th, Division V. Council Member Heland seconded the motion. After roll call vote by the City Clerk the motion was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution of Necessity Providing for the Special Assessment of the 1997 Residential Street
Improvements, 15th Street, Dunham to Hedge, Division II
DISCUSSION: Council Member Scott stated that he would abstain from voting on the Resolution of Necessity Providing for the Special Assessment of the 1997 Residential Street Improvements, 15th Street, Dunham to Hedge, Division II due to a conflict of interest. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HELAND, HENRY, SANDELL, THOMAS
1 - "ABSTAINED" SCOTT") ADOPTED
2. Resolution of Necessity Providing for the Special Assessment of the 1997 Residential Street
Improvements, Hedge Street, 15th to 16th, Division V
DISCUSSION: Council Member Scott stated that he would abstain from voting on the Resolution of Necessity Providing for the Special Assessment of the 1997 Residential Street Improvements, Hedge Street, 15th to 16th, Division V due to a conflict of interest. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HELAND, HENRY, SANDELL, THOMAS
1 - "ABSTAINED" SCOTT) ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance to Delete in its
Entirety Chapter 10.48 Parking Meters and Establish a New Chapter 10.48 Parking
Enforcements of the Burlington Municipal Code
DISCUSSION: The City Manager stated that the proposed Parking Ordinance does not charge a fee for parking on the riverfront. The Public Works Director reviewed the highlights of the proposed Ordinance with Council and the viewing audience. He stated that there would be no charge for parking on the riverfront, but parking lots #1, #2, and #3, there would be a fee. He stated that the fines would double if not paid within five enforcement days of issuance. He further stated that there was a persistent violator clause, which provides that vehicles issued more than four overtime parking violations in enforcement district B in any one calendar month shall be charged a penalty of $15.00. The City Manager stated that Downtown Partners would provide proper education and advance notice to the downtown property owners and their customers should Council elect to move forward on the adoption of the Ordinance. He stated that the $100.00 fine for handicap parking violation was consistent with State Code. He stated that all three hour parking areas would be posted as two hour parking. The City Manager stated that City will need to determine an enactment date on the proposed Ordinance. Council Member Heland stated that it was important to note that the proposed Ordinance was employee friendly. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
2. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending Sections
8.04.050 and 8.04.070 of Chapter 8.04 Nuisances of the Burlington Municipal Code
DISCUSSION: The Development Director stated that the proposed Ordinance allows for the violation notice and/or notice to abate shall be served by U.S. certified mail or personal delivery. He stated that if the certified letter is returned to the City as undeliverable or personal delivery cannot reasonably be made, then service may be made by posting the notice in a conspicuous place upon the premises where the nuisance exists. He stated that any person who commits the same offense after the initial notification and abatement may be charged, without notice, with a simple misdemeanor pursuant to City Code. He stated that the amendment would streamline enforcement provisions thus expediting and clarifying nuisance abatement and overall savings of staff time. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk
(VOTE: 4 - "AYES") CARRIED
3. Motion for Final Adoption of An Ordinance: An Ordinance Amending Section 2.04.060
Compensation of Mayor and Council Members of the Burlington Municipal Code
DISCUSSION: Mayor Sandell stated that the Ordinance Amending Section 2.04.060 Compensation of Mayor and Council Members of the Burlington Municipal Code was Council driven. He stated that the Ordinance provides that the Mayor receive $550.00 per month and the Council Members receive $500.00 per month. Council Member Heland stated that there has been no public dissension against the proposed compensation. He stated that he supported the Ordinance. He further stated that the increase would not be in effect until January, 1998 when the new Council takes office. Council Member Scott stated that a private individual had notified him that the Council had not received a pay adjustment since 1972. Council Member Henry stated that it has been too long between pay adjustments. Mayor Sandell stated that he would not support the proposed Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" HELAND, HENRY, SCOTT
1 - "NAY" SANDELL) CARRIED
4. Motion for Final Adoption of An Ordinance: An Ordinance Amending Chapter 10.28
Stopping, Standing or Parking of the Burlington Municipal Code
DISCUSSION: The City Manager stated that it has been a goal of Council to amend Chapter 10.28 Stopping, Standing, or Parking of the Burlington Municipal Code. The Police Chief stated that no vehicle shall remain parked upon any public property continuously and in one place for a period of more than 72 hours and not more than 24 hours if one or more of the following characteristics exist: the vehicle lacks current registration or current address of registered owner in accordance with the criteria set forth in Iowa Code Section 321.41; and the vehicle lacks an engine or other vehicle part or parts which renders the vehicle inoperable. He stated that no camper, motor home, travel trailer or boat and/or boat trailer shall be parked on public property; however, from April 1 through October 31 of each year, a camper, motor home, travel trailer or a boat and/or boat trailer may be parked on public property, excluding riverfront lots not specifically identified for parking of recreational vehicles and boat and/or boat trailers. He further stated that no dumpster or any other non-registered, non-self-propelled equipment shall be parked and remain standing upon any public property, without first obtaining a permit from the City Clerk which indicates the dates for which the permit is valid; said permit shall be affixed to the dumpster or any other non-registered non-self-propelled equipment in a conspicuous location; and all equipment shall display a red light or reflective equipment plainly from a distance of 200 feet to the front, sides and rear of each piece of equipment and shall not be parked within 25 feet of any street intersection. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution to Establish Fees Per Chapter 10.28 (Stopping, Standing, or Parking) of the
Burlington Municipal Code
DISCUSSION: The Police Chief stated that the Ordinance Amending Chapter 10.28 Stopping, Standing, or Parking of the Municipal Code requires a permit fee for dumpsters remaining on public property for more than 48 hours. He stated that the fees would be as follows: 3 day, $10.00; 10 day, $25.00; and 30 day, $50.00. Council Member Heland stated that the fees were high enough that hopefully people will remove the dumpsters on public right-of-way. Council Member Scott questioned if the dumpster exceeds 30 days if the person could purchase another permit. The Police Chief stated that the person could obtain another 30 day permit, if necessary. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
2. Resolution Awarding Contract for the 1997 Saunderson Park Recreation Area Basketball
Court, Valley and Marshall
DISCUSSION: The City Manager stated that the City had received two bids in the spring of 1997. She stated that the project had been delayed and Shipley Contracting Corporation has honored their bid price. She stated that the proposed Resolution awards contract to Shipley Contracting Corporation in the amount of $17,900.03. She stated that the engineer's estimated cost for the project was $18,000.00. The Parks and Recreation Superintendent stated that construction should start the fall of 1997. He stated that the project was intended to draw teens to the neighborhood. He stated that the neighbors have been notified and were eager to welcome to youth to the area. Council Member Scott stated that the neighborhood has embraced the youth of Burlington. Council Member Henry commended Shipley Contracting Corporation for holding the price while waiting for the award of the project. Council Member Heland praised Shipley Contracting Corporation for their good work. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
3. Resolution to Utilize Perkin's Shelter House As An Area Youth Center Continued from the
September 2, 1997 City Council Meeting
DISCUSSION: Mayor Sandell stated that the neighborhood meeting in regard to utilizing
Perkin's Shelter House as an area youth center was not well received. Council Member Heland
stated that the neighborhood meeting was a place to hear concerns, not make a decision on the
issue. He stated that it should be a community decision for the youth of Burlington. Mary Baker,
citizen, stated that she was against using Perkins Park Shelter house as an area youth center. She
stated that the park was for everyone. She further stated her concern for parking. Council
Member Scott stated that when Council hired the Parks and Recreation Coordinator she was
given the task of finding a youth center. He commended the Recreation Coordinator for her
work and for meeting the deadline set by Council. He stated that the Council may have rushed
the Recreation Coordinator in selecting a site. He stated that the Recreation Coordinator did a
youth survey which came up with Perkins Park as a logical site. He stated that the targeted age
group was 12 to 16 years of age. He stated that many youth age 16 and above have more
activities, jobs, and their driver license and may not attend a youth center on a regular basis. He
stated that the youth need someplace to go even if it is temporary. He stated that if it failed, the
improvement at the shelter house would be money well spent. Council Member Henry stated
that the youth of Burlington left the neighborhood meeting due to no one saying anything
positive of the youth. He stated that he has met many fine exceptional young people. He urged
people to be careful what they say about the youth of Burlington. He urged the youth of
Burlington to not lose faith. He further made a motion that the Resolution to Utilize Perkin's
Park Shelter House As An Area Youth Center be tabled. Council Member Scott seconded the
motion. After roll call vote by the City Clerk, the motion was unanimously adopted. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
4. Motion that the Resolution to Utilize Perkin's Park Shelter House As An Area Youth Center
be Tabled
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
5. Resolution Awarding Contract for the 1997 Dankwardt Park Pathways
DISCUSSION: Council Member Scott stated that he would abstain from voting on the Resolution Awarding Contract for the 1997 Dankwardt Park Pathways due to a conflict of interest. He stated that the project was awarded to a relative of his. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" HELAND, HENRY, SANDELL
1 - "ABSTAINED" SCOTT) ADOPTED
6. Resolution Awarding Contract for the 1997 Nancy Neafie Park Improvements.
DISCUSSION: Council Member Scott stated that he would abstain from voting on the Resolution Awarding Contract for the 1997 Nancy Neafie Park Improvements due to a conflict of interest. He stated that the project was awarded to a relative of his. The City Manager stated that the Council had allocated $10,000.00 for Nancy Neafie Park. She stated that the friends of Nancy Neafie Park had a fund drive which raised funds for the first phase of the improvements. She stated that the fund may be a few thousand dollars short. She stated that the shortage of monies would be made up with the capital improvements fund. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" HELAND, HENRY, SANDELL
1 - "ABSTAINED" SCOTT) ADOPTED
Adjournment: 9:40 p.m. Approved: October 6, 1997
Kathleen P. Salisbury John K. Sandell
City Clerk, CMC Mayor
(See tapes on file in the office of the City Clerk for complete discussion and documentation.)
ITEM I.
Consent Agenda
FINANCES AND MISCELLANEOUS
Minutes of Previous Meetings
Payroll and City Claims
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Fiscal Year 1996-1997 Street Finance Report, Road Use Tax
2. Resolution Approving Purchase of a Heavy Duty Utility Vehicle for Flint Hills Golf Course
3. Resolution Approving Contract with the Iowa Department of Transportation, the City of West
Burlington, and Des Moines County for the Urban Primary Road Service
4. Resolution Approving Purchase of Hangar Doors at the Burlington Regional Airport
PETITIONS:
1. Motion to Receive and File Petition from the Members of the Hawkeye Natives of Burlington, Iowa Petitioning Against the Catfish Bend Riverboat Casino from Docking on the Riverfront, or Anywhere Near the Port of Burlington Building
2. Motion to Receive and File Petition from citizens protesting the proposed docking of the
gambling boat, between the Port of Burlington and the Great River Bridge
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Plans and Specifications for the 1997-1998 3rd & Washington Street Parking
Ramp Extension (October 6, 1997)
2. Consideration of An Ordinance Amending Ordinance No. 3074 Residential Street
Improvements (October 6, 1997)
3. Consideration of Amendment to the Fiscal Year 1997-1998 City Budget (October 6, 1997)
4. Consideration of Lease Agreement with Catfish Bend Casinos LC (September 22, 1997)
APPOINTMENTS:
Human Rights Commission: Chris Wells
Parks Advisory Committee: Diane Weyl