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. 14

July 20, 1998

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Edwards, Henry, and Wright, present. Council Member Thomas was absent. Mayor Scott announced to the public that Council Member Wright and he attended the Burlington International Games in Burlington, Ontario. He presented plaques from the Mayors of Burlington, Ontario and Burlington, Vermont. 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: None.

(VOTE: 4 - "AYES") CARRIED

RESOLUTIONS:

1. Resolution for the Sale and Issuance of $5,245,000 General Obligation Corporate Purpose Bonds, Series 1998A and Providing for the Levy of Taxes to Pay the Same

DISCUSSION: The Finance Director stated that the City received an A2 rating on all three bond issues. He stated that an A2 rating for a sewer revenue bond was very good. Rex Ramsay of Piper Jaffray stated that the City received bids at 1:00 p.m., July 20, 1998 for all three bond issues. He stated that the $5,245,000 General Obligation Corporate Purpose Bonds, Series 1998A was awarded to Piper Jaffray, Inc. of Minneapolis, Minnesota; the $950,000 General Obligation Corporate Purpose Bonds, Series 1998B (Taxable) was awarded to Bankers Bank of Madison, Wisconsin and $3,050,000 Sewer Revenue Bonds, Series 1998C was awarded to Piper Jaffray, Inc. of Minneapolis, Minnesota. He stated that the City received excellent interest rates. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") ADOPTED

2. Resolution for the Sale and Issuance of $950,000 General Obligation Corporate Purpose Bonds, Series 1998B (Taxable) and Providing for the Levy of Taxes to Pay the Same

DISCUSSION: None.

(VOTE: 4 - "AYES") ADOPTED

3. Resolution Authorizing and Providing for the Sale and Issuance and Securing the Payment of $3,050,000 Sewer Revenue Bonds, Series 1998C

DISCUSSION: None.

(VOTE: 4 - "AYES") ADOPTED

HEARINGS:

1. Statement: Consideration of Plans and Specifications for the 1998 Nancy Neafie Park Parking Lot Improvements

COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 Nancy Neafie Park Parking Lot Improvements with Council and the viewing audience. He stated that the City had budgeted $35,000.00 for the project. He stated that the engineer's estimate was $44,900,00 of which $7,500.00 were private monies, which would leave a balance of $37,400.00. He stated that bids would be received on August 5, 1998. He further stated that the project would be awarded on August 17, 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 Nancy Neafie Park Parking Lot Improvements

DISCUSSION: None.

(VOTE: 4 - "AYES") ADOPTED

2. Statement: Consideration of the Concept for the 1999 West Avenue Street Reconstruction Project

COMMENTS: The Public Works Director reviewed the concept drawing for the 1999 West Avenue Street Reconstruction Project with Council and the viewing audience. He stated that construction would be scheduled for summer, 1999. He stated that the concept needed to be mailed to the Iowa Department of Transportation by August 17, 1998. He stated that the concept drawing was just a concept of the project. He stated that the size of the medians and other aspects of the project could change by the time of the hearing on the plans and specifications. He stated that the budgeted cost of the project was $1,380,000.00. He stated that the project would be funded with $473,000.00 general obligation bonds; $200,000.00 sales tax monies; and $707,000.00 STP funds. He further stated that no property would be acquisitioned for the project and the entire project would be constructed on City right-of-way. Those who spoke during the hearing were as follows: Bill Hummell, 111 Golf Lane; John R. Sandell of 2803 West Avenue; Darrel Bachtell of 838 South Leebrick; and Dale Higgins of 901 South Garfield. Many of those who spoke stated their concern for safety of children and adults crossing the street; safety of backing out into the street; and concern for the size of the median. The Public Works Director stated that if the traffic can keep moving it would be easier for pedestrians to cross the street and motorist to back out into the street. He stated that the safety problem that now exists now for pedestrians and motorists was when traffic gets backed up. Council Member Edwards stated that traffic on West Avenue would be alleviated with the finishing of Mason Road. Council Member Henry stated that he did not like raised islands. He stated that the Public Works department has always done an excellent job with working with homeowners during construction. Council Member Wright stated that an island was needed at the West Avenue and Garfield intersection. He stated that he was very happy with the concept drawing. He agreed with the Public Works Director that the traffic flow would be better on West Avenue. Both Council Members Wright and Henry agreed with Council Member Edwards that traffic on West Avenue would be alleviated with the finishing of Mason Road. Mayor Scott stated that the Council needed to move forward with the project. He stated that funding was available from the Iowa Department of Transportation, and the project was a part of the City's comprehensive street plan. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

3. Statement: Consideration of An Ordinance Amending Chapter 17.16 of the Municipal Zoning Code to Rezone 13.18 Acres, Located Directly East of the Hy-Vee Food Store #2, 3150 Agency Street from R-1B (One-Family Residential) to C-2 (General Commercial)

COMMENTS: The Development Director stated that the City received a request from Hy-Vee, Inc. to rezone approximately 13.18 acres of property from R-1B (One-Family Residential) to C-2 (General Commercial). He stated that the property was located east of the existing Hy-Vee Food Store. He stated that Hy-Vee was requesting the rezoning to allow for expansion of their facility. He reviewed the Ordinance Amending Chapter 17.16 of the Municipal Zoning Code to Rezone 13.18 Acres, Located Directly East of the Hy-Vee Food Store #2, 3150 Agency Street from R-1B (One-Family Residential) to C-2 (General Commercial) with Council and the viewing audience. He further reviewed the fifteen conditions to the rezoning. He stated that the Plan Commission unanimously approved the rezoning. He stated that he received a letter from the Assembly of God Church, which owns the abutting school, opposed to rezoning if their property could not be rezoned commercial. The City Manager stated that he received a letter dated July 8, 1998 from Jessie Stos who owns property at 2500 Burlington Avenue opposed to the rezoning. Dale Sullivan of 2424 Herman stated that he was not opposed to the expansion, but was concerned with the other thirteen acres that could be sold and developed by an undesirable business. Council Member Henry stated that he did not like receiving a revised Ordinance seconds before the meeting. He stated his concern for the property being zoned commercial so close to a residential area, and Hy-Vee possibly selling part of the thirteen acres to a less than desirable business located near a residential area. David Bailie, Assistant Vice President of Real Estate for Hy-Vee, stated that Hy-Vee would like to enlarge their store by 37,000 square feet. He stated that Hy-Vee believes in being a good neighbor. He stated that they have no plans for selling the property or constructing a gas station at this time. He stated that the expansion was necessary to stay competitive. He further stated that if any property would be sold Hy-Vee reserves the right to review the plans and specifications for any future development prior to sale of their property. 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 Chapter 17.16 of the Municipal Zoning Code to Rezone 13.18 Acres, Located Directly East of the Hy-Vee Food Store #2, 3150 Agency Street from R-1B (One-Family Residential) to C-2 (General Commercial)

DISCUSSION: None.

(VOTE: 4 - "AYES") CARRIED

RESOLUTIONS:

1. Resolution Authorizing An Encroachment Agreement for Burlington Linoleum and Tile, 603-605 Jefferson Street for Parking of One Vehicle on City Right-of-Way for a Three Year Period Tabled from the July 6, 1998 City Council Meeting

DISCUSSION: The City Manager stated that the City received two requests for an encroachment for parking of one vehicle on City right-of-way. He stated that the adjacent property owner was Burlington Linoleum and Tile. Council Member Henry stated that the Council has been placed in the middle of a squabble between two business people. He stated that the youth center would be in that area and the parking place could be used by the Youth Director. He stated that he was going to vote against the Resolution. Mayor Scott stated that he was also going to vote against the Resolution. He stated that he did not want to come between two business owners. He stated that he was not sure at this time if the parking space should be used for the Youth Director. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "NAYS") FAILED

2. Resolution Approving Safety Program

DISCUSSION: Brett Nelson, Safety Director, stated that the proposed Resolution reaffirms Council's commitment for a safety program and provides authorization to implement safety rules and procedures. Council Member Henry stated that the Safety Director was hired through an intergovernmental agreement between Burlington, Des Moines County, and the Waterworks. He stated that the City has spent approximately $60,000.00 a year in on the job injuries. He further stated that he was very glad to see the program moving forward. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") ADOPTED

COMMENTS FROM AUDIENCE: Carlos Capdevila of 2835 South Main Street thanked the Council for the Nancy Neafie Parking Lot Improvements. He questioned if the contractors who are working on his business improvements could park in the City right-of-way when working. The City Manager stated that the contractors would be able to park in the City right-of-way only when loading and unloading, until Council determines what type of parking will be allowed. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 9:41 p.m. Approved: August 3, 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 Authorizing An Encroachment Agreement for Mississippi River Mart to Place One Table on a Public Sidewalk for Use by Customers and Voter Registration

2. Resolution Approving Permanent Easement 10 Feet in Width for the Purpose of Maintaining an 8 Inch Sanitary Sewer Extension

3. Resolution Approving Permanent Easement 20 Feet in Width for the Purpose of Maintaining a Stormwater Drainage Tile

4. Resolution Approving City Council Policy Relating to Personal Computers

5. Resolution Approving Agreement with Eide Bailly for Audit Services for Fiscal Year 1997-1998

6. Resolution Authorizing An Encroachment Agreement for Cookout Catering to Place a Grill and Associated Tables and Chairs on the Public Right-of-Way in Front of Firstar Bank

7. Resolution Establishing a Fee and Charge Schedule for Septic Haulers

SET DATE FOR PUBLIC HEARING: August 3, 1998