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. 8

April 20, 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 welcomed Boy Scout Pack No. 3, Den No. 4 to the City Council meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

BURLINGTON CITY COUNCIL

PROCLAMATION: Arbor Day - Dave Asche

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

HEARINGS:

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

COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 Winegard Drive and Cottonwood Street Reconstruction for the Council and the viewing audience. He stated that the project would be constructed in three phases. He stated that bids would be opened May 20, 1998. He stated that the project would be awarded by the City Council on June 1, 1998 with construction commencing mid to late June, 1998. He stated that the budgeted cost for the project was $315,000.00. He stated that the Engineer's estimate was $328,000.00. He stated that funding for the project consisted of $275,000.00 in local option sales tax monies and $40,000.00 in road use tax monies. Those who had questions in regard to the project were as follows: Dave Walker of 708 Terrace Drive and Randy Fainter of 721 Market Street. The Public Works Director stated that he would be in contact with Dave Walker in regard to providing adequate access for Pzazz. He further reviewed the proposed drainage construction for the project. Council Member Henry stated that he would like to see additional inlets constructed. Mayor Scott requested that the Public Works Director bid the project with additional inlets as an alternate. 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 Winegard Drive and Cottonwood Street Reconstruction

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

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

COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 ACC Resurfacing Project with Council and viewing audience. He stated that the project consisted of the following resurfacing projects: 7th Street, Court to High; 13th Street, South to Louisa; 5th Street, Market to Division; West Avenue, Summer to White; 9th Street, Franklin to Iowa; 9th Street, Iowa to North; Court Street, 5th to 6th; Denmark Street, Main to River; Barret Street, Main to River; River Street, Glenn to Harrison; Orchard Street, Barret to Denmark; and 4th Street, Railroad to Division. He stated that bids would be opened on May 20, 1998. He stated that the City Council would award the project on June 1, 1998. He stated that construction would take place mid to late June, 1998. He stated that the budgeted cost for the project was $435,000.00. He stated that the engineer's estimated cost of the project was $425,585.00. He stated that the project was 100% funded with local option sales tax monies. Those who spoke in regard to the project were as follows: Richard Crist of 1105 North 9th Street, Paris Keck of 101 Denmark, Evelyn Trautner of 1821 River, and Jim Hodges of 521 Court Street. Many of those who spoke had questions in regard to storm sewers, and sidewalk repairs. Jim Hodges of 521 Court Street stated that he would like to see Court Street, 5th to 6th be reconstructed with bricks. He stated that he was only speaking for himself and his wife. He stated that he did not know how his neighbors felt about a brick street. He stated that his block needs work and that if the block could not be constructed with brick the overlay would be fine. 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 ACC Resurfacing Project

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

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

COMMENTS: The Finance Director stated that the $200,000.000 General Obligation Parking Facility Bonds was for the construction of the new parking facility at Main and Valley and also for parking for Hotel Burlington. He stated that the bonds would be repaid with revenues received from the MDI Limited Partnership, the redeveloper of the Hotel. He stated that there would be no cost to the taxpayers. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution Taking Additional Action to Issue $200,000 General Obligation Parking Facility Bonds

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

ORDINANCES:

1. 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 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.

DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance Rezoning 1.53 Acres located at 820 Osborn Street from the last Council Meeting. Council Member Wright 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 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. Council Member Thomas seconded the motion. After roll call vote by the City Clerk the motion was unanimously approved.

(VOTE: 5 - "AYES") CARRIED

2. Motion for Final Adoption of 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 stated that there were no changes to the proposed Ordinance Rezoning 19.00 Acres located approximately 1/4 miles east of the intersection of Gear Avenue and West Avenue from the last council meeting. Mayor Scott stated that Dr. Bedi has proposed three levels of housing for seniors at the proposed site. He stated that it was a tremendous project. He stated that the Development Director and himself attended a meeting in Des Moines in regard to the project. He stated that due to a tie vote the project would be brought back in August, 1998 in Des Moines for approval. 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 Amending Sewer User Charges Effective with Bills Rendered On or After July 1, 1998

DISCUSSION: The Finance Director stated that the proposed sewer rate increase would be 3% effective July 1, 1998, which was discussed by Council during the budget process. He stated that the 3% was in line with the policy established by Council to have small incremental annual increase in fees. He further reviewed with Council the sewer rate structure of various communities in Iowa. He stated that the 3% increase will generate approximately $72,000.00 in annual revenue. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

2. Resolution Establishing Fees for Refuse Collection Service

DISCUSSION: The Finance Director stated that the budget for fiscal year 1998-99 was based upon a $.25 per month increase in the monthly fee from $7.60 to $7.85. He stated that the Council has the option of increasing the trash tag amount by $.25 to $1.25 and leaving the trash fee at its present cost. He stated that the $.25 increase in the trash tag fee would increase revenues by approximately $25,000.00 on an annual basis. He stated that by increasing the trash tag fee only it encourages people to recycle and thus lowers the volume of refuse collected. Council Member Henry stated that he was happy with the program. Council Member Edwards stated that those on a fixed income generate less trash and thus would not see a cost increase. Mayor Scott agreed with Council Member Edwards. 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 for Seventh Addition to Flint Ridge Business Park Subdivision

DISCUSSION: The Development Director stated that the purpose of the final plat for Seventh Addition to Flint Ridge Business Park was to create legal lots of record in the transfer of property from Caterpillar to the City of Burlington for the construction of the Sports Complex. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

4. Resolution Approving Final Plat of Sunrise West Subdivision

DISCUSSION: Council Member Wright announced that he would abstain from voting on the final plat of Sunrise West Subdivision due to a conflict of interest. The Development Director reviewed the final plat of Sunrise West Subdivision with Council and the viewing audience. He stated that the final plat creates three lots. He stated that Lot A would be created for the purpose of future street dedication. He further stated that the petitioner has agreed that they shall construct any and all streets are to be dedicated to the City of Burlington, now or in the future, to meet Iowa Department of Transportation Bridge and Highway specifications; all streets, prior to being turned over the City, must be certified, including a test sampling, by a licensed engineer. Bob Hiller representing Messiah Lutheran Church stated that the church already has a client anxious to move into the senior housing site. Council Member Thomas stated his support and delight for the project. Council Member Henry thanked Bob Hiller and Messiah Lutheran Church for being very patient and cooperative. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES" HENRY, SCOTT, THOMAS, EDWARDS

1 - "ABSTAINED" WRIGHT) ADOPTED

Adjournment: 8:15 p.m. Approved: May 4, 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

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

NUISANCE ABATEMENT

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Awarding Contract for the 1998 East-West Arterial, Phase II

2. Resolution Approving the Official Street Construction Program Project from July 1, 1998 to June 30, 2003

3. Resolution Authorizing Acquisition of the Lots and Improvements at 1305 Jefferson Street and Adjacent Lot, Under the Targeted Neighborhood Planning Program, Infill Development Plan

4. Resolution Establishing "No Parking" on the West Side of Plane Street from Division Street to West Avenue

SET DATE FOR PUBLIC HEARINGS: (May 4, 1998)

1. Consideration of the Issuance of $2,000,000 General Obligation Corporate Purpose Bonds and for the Issuance of $360,000 General Obligation Police Station Improvement Bonds

2. Consideration of Issuance of $1,800,000 Sewer Revenue Bonds