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. 7

April 6, 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.

BURLINGTON CITY COUNCIL

PROCLAMATION: A Day of Prayer - Pastor Frank Beaty

Welcome Home Bees Week - Dave Walker

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: None.

(VOTE: 5 "AYES") CARRIED

MOTION:

1. Motion to Receive and File Petition from the Golden Oldies of Burlington Requesting that the City Council Keep the Rent of Memorial Auditorium at $25.00 per month

DISCUSSION: Chester Welch, representing the Golden Oldies, submitted a petition signed by the members of the Golden Oldies of Burlington requesting that the City Council keep the rent of Memorial Auditorium at $25.00. He stated that the City plans to raise the rent to $35.00, then $40.00 over the next two years. He stated that the raising of the rent would cause hardship as the group meets 52 weeks a year at the Memorial Auditorium. He further stated that he would hate to see the group disband after thirty-five years. Council Member Henry made a motion to Receive and File Petition from the Golden Oldies of Burlington Requesting that the City Council Keep the Rent of Memorial Auditorium at $25.00 per month. Council Member Thomas seconded the motion. Mayor Scott stated that the Golden Oldies would be hearing from the Council in the next seven to ten days. After roll call vote by the City Clerk the motion to receive and file the petition 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

HEARING:

1. Statement: Consideration of An Ordinance Amending Chapter 17.16 to Rezone 1.53 Acres, located at 820 Osborn Street from M-1 "Light Industrial" and R-3 "Apartment Residential" to C-2 "General Commercial" with conditions to allow the construction of a storage building for McCann Mechanical Inc. Continued from the March 16, 1998 City Council Meeting

COMMENTS: The Development Director stated that the City had received a request from McCann Mechanical, Inc. to rezone approximately 1.53 acres of property currently zoned R-3 and M-1. He stated that the proposed property to be rezoned was located behind 820 Osborn Street. He stated that McCann Mechanical would like to construct a storage building and parking area for materials and vehicles associated with his contracting company located at 820 Osborn Street. He reviewed with Council the nine conditions of the rezoning that the petitioner had agreed to. He stated that condition No. 7 had changed. After discussion by Council the hearing was closed. 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: An Ordinance Amending Chapter 17.16 to Rezone 1.53 Acres, located at 820 Osborn Street from M-1 "Light Industrial" and R-3 "Apartment Residential" to C-2 "General Commercial" with conditions to allow the construction of a storage building for McCann Mechanical Inc. with Revisions as Noted

DISCUSSION: Council Member Wright made a motion for Preliminary Adoption of the First Reading of An Ordinance: An Ordinance Amending Chapter 17.16 to Rezone 1.53 Acres, located at 820 Osborn Street from M-1 "Light Industrial" and R-3 "Apartment Residential" to C-2 "General Commercial" with conditions to allow the construction of a storage building for McCann Mechanical Inc. with Revisions as Noted. Council Member Henry 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

ORDINANCES:

1. Motion for Preliminary Adoption of the Second Reading of An Ordinance: An Ordinance Amending Chapter 17.16 of the Municipal Code to Rezone 19.00 Acres Located Approximately 1/4 Miles East of the Intersection of Gear Avenue and West Avenue, from R-1A (One-Family Residential) to P.U.D. (Planned Unit Development)

DISCUSSION: The City Manager announced that there were no changes to the Ordinance Amending Chapter 17.16 of the Municipal Code to Rezone 19.00 Acres Located Approximately 1/4 Miles East of the Intersection of Gear Avenue and West Avenue, from R-1A (One-Family Residential) to P.U.D. (Planned Unit Development) since the public hearing. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance: An Ordinance Amending Chapter 17.16 to Rezone Approximately one (1) acre, located at the southeast corner of Madison Avenue and Koestner Street, from C-2 "General Commercial" with conditions to C-1 "Commercial" with conditions to allow for the construction of a Branch Bank

DISCUSSION: The City Manager announced that there were no changes to the Ordinance Amending Chapter 17.16 to Rezone Approximately one (1) acre, located at the southeast corner of Madison Avenue and Koestner Street, from C-2 "General Commercial" with conditions to C-1 "Commercial" with conditions to allow for the construction of a Branch Bank since the public hearing. Council Member Henry made a motion for Waiver of Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance: An Ordinance Amending Chapter 17.16 to Rezone Approximately one (1) acre, located at the southeast corner of Madison Avenue and Koestner Street, from C-2 "General Commercial" with conditions to C-1 "Commercial" with conditions to allow for the construction of a Branch Bank. Council Member Wright 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

RESOLUTION:

1. Resolution Approving City Council's Strategic Plan

DISCUSSION: The City Manager reviewed the City Council's Strategic Plan which consisted of the following: vision of the community; key issues; key strategic priorities; and team agreements. Mayor Scott and the entire Council agreed that one of the visions of the community was zero tolerance of drugs and gangs. The Police Chief gave an overview of what can be done to prevent drug use. Council Member Thomas stated that the bottom line was each neighbor watching their neighborhood. Council Member Henry stated that the Strategic Plan also included the capital improvement program which includes reconstruction of streets. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

COMMENTS FROM AUDIENCE: Pastor Frank Beaty stated that he deeply appreciated the many hours that the Council puts in for the community. He stated that his thoughts and prayers were with the Council. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 8:15 p.m. Approved: April 20, 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 and Release of Retention Monies for the Burlington Joint Use ARFF, Contract No. 15

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

REPORTS AND BONDS

PETITIONS:

1. Motion to Receive and File Petition From Property Owners Requesting an Improved Street to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at the 2100 and 2200 Blocks of Burlington Avenue by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary

2. Motion to Receive and File Petition From Property Owners Requesting an Improved Street to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at the 2300 Block of Burlington Avenue by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary

3. Motion to Receive and File Petition From Property Owners Requesting an Improved Street to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at the 2400 Block of Burlington Avenue by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary

4. Motion to Receive and File Petition From Property Owners Requesting an Improved Street to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at Pierson Court between Burlington Avenue and Dead End North by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary

5. Motion to Receive and File Petition From Property Owners Requesting an Improved Street to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at Conrad Court between Burlington Avenue and Agency Street by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary

6. Motion to Receive and File Petition From Property Owners Requesting an Improved Street to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at Melrose Court between Burlington Avenue and Agency Street by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary

RESOLUTIONS:

1. Resolution Providing for Paving Improvements In Accordance with City Ordinance No. 3087

2. Resolution Awarding Contract for the 1998 Cascade Bridge Pier Replacement and South End Repairs

3. Resolution Awarding Contract for the 1998 Burlington Police Department Facility Heating System Improvements Asbestos Abatement

4. Resolution Approving Outdoor Service Area for Amera-Team Investments dba/Jefferson

Street Cafe

SET DATE FOR PUBLIC HEARINGS: April 20, 1998

1. Consideration of Plans and Specifications for the 1998 Winegard Drive and Cottonwood Street Reconstruction

2. Consideration of Plans and Specifications for the 1998 ACC Resurfacing Project

3. Consideration of $200,000 General Obligation Parking Facility Bonds

APPOINTMENTS:

Human Rights Commission: Rev. Lawrence Manson

Des Moines County Regional Solid Waste Commission: Don Fitting, Bruce Slagle and

Jeff Heland

City Planning Commission: Rick Schoof, Russell Glasgow and Jim Corder

Civil Service Commission: Jayne Cornish

Board of Electrical Examiners: James Dodge and Mike Wagner

Cable Commission: John R. Sandell