MINUTES OF THE PROCEEDINGS

OF THE BURLINGTON, IOWA CITY COUNCIL

Meeting No. 10

May 18, 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

PROCLAMATIONS: * Police Week - Dave Wunnenberg

* National Tourism Month - Shawna Lode

* Small Business Week - Mike Brouwer

* National Public Works Week - Ron Knoke

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

PRESENTATION: Saunderson Heights Neighborhood Master Plan

DISCUSSION: The Redevelopment Specialist briefly spoke in regard to the Saunderson Heights Neighborhood Master Plan. He stated that the total cost for the Neighborhood Park would be approximately $45,000.00. He stated that the project would be funded by the City and financial or in-kind work from the neighbors. Andy Anderson, president of the Saunderson Heights Neighborhood Association recognized Dennis Buckles, Peggy Hunt, and Donna Dietrich of the Association for their work. He stated that he sees the park as a catalyst for redeveloping the neighborhood. He thanked the City Council for their insight. Mike Stineman, landscape architect, reviewed the final plan of the park with Council and the viewing audience. He stated that he received good support from City staff. He stated that the neighbors showed enthusiasm for the project. Council Member Henry thanked the committee for their time and effort. Council Member Thomas thanked the Development Director and his staff, former Council Member Heland, former Mayor Sandell, former Redevelopment Specialist Jim Heckenberg, Andy Anderson, and the Police Department for a positive project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

HEARINGS:

1. Statements: Consideration of Amendment to the 1997-98 Fiscal Year Budget

COMMENTS: The Finance Director reviewed the amendments to the 1997-1998 fiscal year budget with Council and the viewing audience. He stated that the budget amendment totaled $1,543,848.00. He stated that the total budget for fiscal year 1997-98 was $29,801,831.00. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution Approving Amendment to the 1997-98 Fiscal Year Budget

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

2. Statement: Consideration of Plans and Specifications for the 1998 Broadway Street Extension and Sanitary Sewer

COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 Broadway Street Extension and Sanitary Sewer with Council and the viewing audience. He stated that the estimated cost of the project was $195,000.00. He stated that the project would be funded with TIF monies. He stated that bids would be opened on June 3, 1998. He further stated that the project would be awarded by Council on June 15, 1998. 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 Broadway Street Extension and Sanitary Sewer

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

3. Statement: Consideration of an Encroachment Agreement for Salvador's Restaurant to Place 3 Tables on a Public Sidewalk for Outside Dining

COMMENTS: The Development Director stated that the City has received a request from the owner of Salvador's Restaurant to place three tables on the public sidewalk for outside dining. Council Member Henry stated that it was part of the Council's job to protect the public right-of-way. He stated that the size of the tables were too large. He stated that when the tables would be in use the pedestrian walkway would be too narrow for people to pass by. He stated that staff needed to establish firm guidelines in regard to encroachments. He stated that he could not support the approval of the encroachment. Mayor Scott stated that he would like to see guidelines and also see staff work out the problems with the owner of Salvador's. Council Member Thomas stated that he would like to see a smaller version of the tables be placed on the sidewalk. Council Member Edwards stated that he liked the concept of outside dining. He stated that if Salvador's was not in compliance with ADA requirements then the tables would need to be smaller. Council Member Henry made a motion that the Hearing Regarding Consideration of an Encroachment Agreement for Salvador's Restaurant to Place 3 Tables on a Public Sidewalk for Outside Dining be Tabled to the Next Meeting. Council Member Edwards seconded the motion. After roll call vote by the City Clerk the motion was approved four to one with Council Member Thomas voting against the tabling of the hearing. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion that the Hearing Regarding Consideration of an Encroachment Agreement for Salvador's Restaurant to Place 3 Tables on a Public Sidewalk for Outside Dining be Tabled to the Next Meeting

DISCUSSION: None.

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

1 - "NAY" THOMAS) CARRIED

4. Statement: Consideration of $1,250,000 Sewer Revenue Bonds, Series 1998B

COMMENTS: The Finance Director reviewed the Resolution taking additional action to issue $1,250,000.00 Sewer Revenue Bonds, Series 1998B with Council and the viewing audience. He stated that the monies would fund the City's portion of the $13,000,000.00 sewer project. He further stated that he would be reviewing a storm water utility fee this summer. 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 $1,250,000 Sewer Revenue Bonds, Series 1998B

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

5. Statement: Consideration of Plans and Specifications for the 1998 Mason Road Detention Basin Construction

COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 Mason Road Detention Basin Construction with Council and the viewing audience. He stated that the estimated cost of the project was $106,000.00. He stated that the project would be funded with general obligation purpose bonds. He stated that bids would be received May 20, 1998. He stated that the project would be awarded on June 1, 1998. 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 Mason Road Detention Basin Construction

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

RESOLUTIONS:

1. Resolution Approving Preliminary Plat of First Addition to Rieke Subdivision

DISCUSSION: The Development Director reviewed the preliminary plat for First Addition to Rieke Subdivision with Council and the viewing audience. He stated that the petitioner plans to subdivide approximately 13 acres of land into one lot containing approximately 1.90 acres of land. He stated that the purpose of the development was for construction of a single family dwelling unit. He further reviewed the seven conditions of the preliminary plat. 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 Preliminary Plat for Wood-Dale Subdivision

DISCUSSION: The Development Director reviewed the preliminary plat for Wood-Dale Subdivision with Council and the viewing audience. He stated that the petitioner plans to subdivide approximately 2.88 acres of land into two lots to build a new home on the new lot that will be created. He further reviewed the four conditions of the preliminary plat. 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: Rick Orth of 1901 Whittier Street stated his concern to the Council that he has not been treated fairly in regard to his garage during the construction of the east/west arterial. He stated that he did not expect to end up with anything less than what he presently had or he would take legal action. Mayor Scott stated his disappointment with staff that things have taken so long. He stated that the Public Works Director would be meeting with Mr. Orth by Friday, May 22, 1998. Council Member Henry reminded Mr. Orth that he never promised to give away the taxpayer's monies freely to individuals. Council Member Edwards stated that the only reason he supported the east/west arterial on Harrison Avenue was that the property owners would be taken care of. He stated that the property owners needed to be treated fairly. Council Member Thomas stated that he sympathized with Mr. Orth, but he has heard great comments from others that staff has been willing to work with them. The City Manager stated that he would meet with Mr. Orth along with the Public Works Director. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 8:53 p.m. Approved: June 1, 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 ABATEMENTS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Amendment Number 1 to the Collective Bargaining Agreement Between the City of Burlington, Iowa and Local Association 301 of the International Association of Firefighters, AFL-CIO July 1, 1997 - June 30, 2000

2. Resolution Approving Placement of Five Heritage Hill District Identification Signs Within the City's Public Right-of-Way

SET DATE FOR PUBLIC HEARING: June 1, 1998

1. Consideration of Plans and Specifications for the 1998 Riverfront Improvements, Phase III

APPOINTMENTS:

Animal Control Center Advisory Board: Krista Eckis