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. 3

February 2, 1998

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Edwards, Henry, Thomas and Wright, present. Mayor Scott stated that the little red wagon sitting on the council table was the symbol of America's promise. He stated that it was a commitment by all the living Presidents to provide for the youth of our country. He stated that the Council was committed to fulfilling that commitment and to become a community of promise. He stated that the wagon would be sitting on the table at future meetings. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

BURLINGTON CITY COUNCIL

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 Henry reviewed with the Council and the viewing audience those citizens who would be serving on various City commissions and committees. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 "AYES") CARRIED

HEARINGS:

1. Statement: Consideration of the Plans and Specifications for the 1998 Angular and Main Intersection Improvements

COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 Angular and Main Intersection Improvements. He stated that bids would be received by the City on February 18, 1998. He stated that the project would be awarded on March 2, 1998. He stated that construction would commence in the spring of 1998. He stated that the budgeted amount for the project was $44,000.00. He stated that the estimated project cost was approximately $49,000.00 without contingency. Mayor Scott questioned why the specifications included the use of portland cement. The Public Works Director stated that the project specifications included the use of portland cement to eliminate "shoving", a condition which occurs when heat loosens the asphalt and creates a ripple effect, causing a bumpy ride. Council Member Thomas stated that the project was needed. Council Member Henry also stated that the project was very much needed. 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 1998 Angular and Main Intersection Improvements

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

2. Statement: Consideration of Plans and Specifications for the 1998 Police Department Heating and Air Conditioning, Phase II

COMMENTS: The Interim City Manager stated that last year the City undertook the first phase of air conditioning for the Police Department. The Public Works Director reviewed the plans and specifications for the 1998 Police Department Heating and Air Conditioning, Phase II to the Council and viewing audience. He stated that bids would be received by the City on March 4, 1998. He stated that the project would be awarded by Council on March 16, 1998. He stated that work would commence in April, 1998. He stated that the budgeted amount for phase II was $350,000.00. He stated that the estimated cost of the project was $401,000.00. Council Member Wright questioned if there would be an asbestos problem. The Public Works Director stated that there will be asbestos removal, but he did not know the full extent of the asbestos until the engineer looks at it. Council Member Thomas stated that the big picture was the savings that the City would reap with the high efficiency units. 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 1998 Police Department Heating and Air Conditioning, Phase II

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

ORDINANCES:

1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Repealing Chapter 12.48 Pedestrian Mall and Creating a New Chapter 12.48 Downtown Street Scape

DISCUSSION: The Interim City Manager stated that the amendment to the Ordinance Creating a new chapter entitled Downtown Street Scape provided for the removal of the section designated play area which was left in the old Pedestrian Mall Ordinance. Council Member Wright made a motion to Amend Section 12.48.010 Definitions of An Ordinance Repealing Chapter 12.48 Pedestrian Mall and Creating a New Chapter 12.48 Downtown Street Scape. Council Member Henry seconded the motion. After roll call 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

2. Motion to Amend Section 12.48.010 Definitions of An Ordinance Repealing Chapter 12.48 Pedestrian Mall and Creating a New Chapter 12.48 Downtown Street Scape

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

3. Motion for Preliminary Adoption of the Second Reading of An Ordinance Creating Chapter 3.46 of the Burlington Municipal Code to Establish the Regional Family Recreation Complex Advisory Committee

DISCUSSION: Council Member Henry reminded citizens that the Regional Family Recreation Complex Advisory Committee would involve the following: recommend and work with staff on rules and regulations for league and tournament play and special events; encourage and assist in fund raising and volunteer manpower for the development and maintenance of the complex facilities; work with staff on methods to survey customer satisfaction and means to improve customer satisfaction. He stated that the committee would consist of a total of eleven members: three softball league members, three soccer league members, two at large members, one Chamber of Commerce member, and the General Manager and Parks and Recreation Director, who would serve as the ex officio member. He urged those citizens who were interested in serving on the commission to contact the City Manager's office. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

4. Motion for Preliminary Adoption of the Second Reading of An Ordinance Adopting the 1997-2016 Comprehensive Strategic Plan, Per Title 414 Iowa Code, and Title 3.16 City Code, of the City of Burlington, Iowa

DISCUSSION: The Development Director stated that former Council Member Jeff Heland would be bringing in changes that he would like to see to the Comprehensive Strategic Plan. He stated that the changes would not include any policy changes. Mayor Scott stated that there has been a tremendous number of man hours on the development and discussion of the Comprehensive Strategic Plan. He stated that the plan would guide the community through the year 2016. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

5. Motion for Final Adoption of An Ordinance Repealing Chapter 3.44 Mall Advisory Committee of the Burlington Municipal Code

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

6. Motion for Final Adoption of An Ordinance Adopting the Saunderson Heights Neighborhood Plan and Formally Including the Plan Within the City's Comprehensive Plan

DISCUSSION: The Redevelopment Specialist briefly reviewed the election process for serving on the Saunderson Heights Neighborhood Association. He stated that the last date for property owners in the Saunderson Heights area to vote would be February 27, 1998 by 5 p.m. He stated that the votes would be tallied on March 2, 1998. Mayor Scott commended the Development Department staff for their work on the plan. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

7. Motion for Final Adoption of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code

DISCUSSION: The Chief of Police reviewed the amendments to the proposed Alarm System Ordinance with Council and the viewing audience. Council Member Thomas made a motion to amend Sections 8.28.030 and 8.28.050 of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code. Council Member Henry seconded the motion. After roll call vote by the City Clerk the motion was unanimously approved. Council Member Thomas also made a motion to amend Sections 8.28.070, 8.28.080, and 8.28.130 of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code. Council Member Edwards seconded the motion. After roll call vote by the City Clerk the motion was unanimously approved. John R. Sandell of 2803 West Avenue questioned if the penalties should be made a part of the Ordinance. The Chief of Police stated that the penalties section should be made a part of the Ordinance. Council Member Henry thanked John R. Sandell for his expertise in the field of alarm systems. Council Member Wright thanked the Chief of Police for his time spent on preparing the Alarm System Ordinance. He encouraged people to apply for permits for their alarms as it would save them monies when they have a false alarm. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

8. Motion to Amend Sections 8.28.030 and 8.28.050 of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

9. Motion to Amend Sections 8.28.070, 8.28.080, and 8.28.130 of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

RESOLUTIONS:

1. Resolution to Establish False Alarm Fees Chapter 8.28 (Alarm Systems) of the Burlington Municipal Code

DISCUSSION: The Chief of Police stated that the false alarms fees were as follows: residential and business with permit $35.00 per false alarm; businesses having 10 or more detection devices with permit $20.00 per false alarm; residential and business without permit $55.00 per false alarm; businesses having 10 or more detection devices without permit $40.00 per false alarm. He stated that there would be a six-month grace period to allow alarm owners to get their permits. John R. Sandell of 2803 West Avenue stated that he would like to see the false alarm fees lowered. He stated that the fees were higher than most communities. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

2. Resolution Approving Revised Preliminary Plat of Flint Ridge Business Park Subdivision

DISCUSSION: The Interim City Manager stated that the Council would be voting on both the Revised Preliminary Plat and the Final Plat of the Replat of Lot 6 in the Second Addition to Flint Ridge Business Park. The Development Director stated that the Resolution Approving the Revised Preliminary Plat of Flint Ridge Business Park Subdivision which splits lot 6 into Lots 6 and 6A. He stated that Kathy Evert, Vice President of Economic Development for the Burlington/West Burlington Area Chamber of Commerce was present should Council have any questions. He reviewed the variances and conditions for the subdivision. Council Member Henry stated that subdividing lot 6 would provide for construction. Kathy Evert, Vice President of Economic Development for the Burlington/West Burlington Area Chamber of Commerce stated that currently the Chamber has a purchase agreement for Lot 6A and they needed to close the transaction. The Development Director stated that by splitting the lot, an easement would be required to get the sanitary sewer to the northern portion of the lot. He stated that it was a technicality, but the final plat would show the slight change prior to recording. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

3. Resolution Approving Final Plat of the Replat of Lot 6 in Second Addition to Flint Ridge Business Park Subdivision

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

COMMENTS FROM AUDIENCE: Sharon Brueck thanked the Council on behalf of the Saunderson Heights Steering Committee for the approval of the Ordinance Adopting the Saunderson Heights Neighborhood Plan and Formally Including the Plan Within the City's Comprehensive Plan. Council Member Edwards thanked Andy Anderson for his work on the Steering Committee. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 7:59 p.m. Approved: February 17, 1998





Kathleen P. Salisbury Timothy E. Scott

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

- Resolution Approving Final Acceptance, Release of Retention Monies and Supplementary Contract for the 1997 Division Street Paving Extension, West Burlington Avenue to Broadway

- Resolution Approving Final Acceptance and Release of Retention Monies for the 1997 Memorial Auditorium Restroom Project

BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Agreement with the Iowa Department of Transportation for the Use of Surface Transportation Funds to Reconstruct and Pave that Portion of Mason Road from Hunt Road to Summer Street that is Between Hunt Road and Hagemann Avenue

SET DATE FOR PUBLIC HEARINGS: February 17, 1998

1. Consideration of Plans and Specifications for the 1998 Cascade Bridge Pier Replacement & South End Repairs

2. Consideration of Plans and Specifications for the 1998 East-West Arterial, Phase II

3. Consideration of An Encroachment Agreement with the Des Moines County Regional Solid Waste Commission to Allow Directional Signs to be Placed on City Right-of-Way at 1818 West Burlington Avenue

APPOINTMENTS:

Low Rent Housing Agency: Tom Cameron, Harry Baxter, and George Newman

Youth Commission: Brenda Bates

Human Rights Commission: Terry Manes

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