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 7, 2000

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Kellogg, Thomas and Wright, present. Council Member Edwards was absent.

BURLINGTON CITY COUNCIL

PROCLAMATION OF APPRECIATION TO KEITH BLOOMQUIST

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: Mayor Scott reviewed those items listed on the consent agenda to the viewing audience. Council Member Thomas announced those individuals appointed to various City commissions and boards. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") CARRIED

HEARINGS:

1. Statement: Consideration of Plans and Specifications for the 2000 Public Works Complex Construction

COMMENTS: The Public Works Director reviewed the construction methods and floor plans for the proposed Public Works Complex. He stated that the building would house the street/sewer division, vehicle maintenance division, bus division, property maintenance division and engineering. John Wallencamp, architect for Robert M. McCuney, stated that bids would be received on March 7, 2000 and the project would be awarded by Council on March 20, 2000. He stated that construction would commence in April 2000 and the project would be completed in March 2001. He reviewed in detail the plans and specifications for the proposed building. He stated that a similar type of building was built in Moline, Illinois and Davenport, Iowa. John R. Sandell of 2803 West Avenue questioned if every City bus and truck would be parked inside of the new building. He further questioned if the project included landscaping. The Public Works Director stated that vehicles used on a daily basis would be stored in the building. He stated that a cold storage area would house seasonal type equipment. He stated that it was not his intent to park vehicles outside. He further stated that seeding was included in the project and trees would be planted at a later date. 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 2000 Public Works Complex Construction

DISCUSSION: None.

(VOTE: 4 - "AYES") ADOPTED

2. Statement: Consideration of Plans and Specifications for the 2000 Police Department Building Generator Replacement Project

COMMENTS: Mayor Scott stated that staff had requested that the Council continue the hearing on the plans and specifications for the 2000 Police Department Building Generator Replacement Project to the February 22, 2000 meeting so that staff could further review details of the project. Council Member Wright made a motion to continue the hearing on the plans and specifications for the 2000 Police Department Building Generator Replacement Project to the February 22, 2000 City Council meeting. Council Member Thomas seconded the motion. After roll call vote the motion to continue the hearing was approved. 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 the Plans and Specifications for the 2000 Police Department Building Generator Replacement Project, be continued to the February 22, 2000 City Council Meeting

DISCUSSION: None.

(VOTE: 4 - "AYES") CARRIED

3. Statement: Consideration of An Ordinance Rezoning 24.349 Acres, More or Less, from R-1B (One-Family Residential) Zoning District to R-1A, R-1B, R-2, R-3 and C-1 (Residential and Commercial) Zoning Districts, Located on the East Side of Summer Street, North of Hillary Street

COMMENTS: The Development Director stated that Park South Subdivision was approximately 24 acres and was located in the northeast corner of the intersection of Hillary Street and Summer Street. He stated that currently the area was a large farm field. He stated that Council approved the final plat on January 3, 2000. He stated that the subdivision consisted of a 30-lot subdivision with three outlots. He stated that the developer has requested the rezoning of Lots 4 to 21 to R-1A (single family residential); lots 3 and 22 to 30 to R-2 (two-family residential); lots 1 and 2 to C-1 (highway commercial); outlot D to R-3 (multi-family unit); and outlot E and F to R-1B (single-family residential). He further reviewed with Council and the viewing audience the five conditions to the rezoning. Dan Cahill, developer, stated that he would like to have the rezoning in place prior to people purchasing the lots. Mayor Scott stated that he may suggest the waiving of the second reading and approval of the final adoption of the Ordinance on February 22, 2000 council meeting if there is no one present in the audience objecting to the rezoning. 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 Rezoning 24.349 Acres, More or Less, from R-1B (One-Family Residential) Zoning District to R-1A, R-1B, R-2, R-3 and C-1 (Residential and Commercial) Zoning Districts, Located on the East Side of Summer Street, North of Hillary Street

DISCUSSION: None.

(VOTE: 4 - "AYES") CARRIED

4. Statement: Consideration of A Cable TV Franchise Regulatory Ordinance

COMMENTS: The City Manager stated that the cable television franchise with A.T. & T. Broadband and Internet Services (formerly TCI of Southern Iowa) expires on June 5, 2000. He further reviewed with Council the history of the cable ordinance. He stated that the Cable Commission issued a series of four reports, conducted a survey of cable subscribers regarding the performance of TCI and reviewed and approved the franchise regulatory ordinance and cable franchise agreement that were prepared by Patrick Callahan, Cable Consultant. He stated that three negotiation meetings were held to discuss the ordinance and agreement. He stated that the cable franchise regulatory ordinance does not specifically refer to A.T. & T, but is an ordinance that would apply to all companies that operate cable systems in Burlington, including A.T. & T. He further reviewed details of the proposed franchise regulatory ordinance. He stated that the franchise agreement would be approved at the final reading of the Ordinance. John R. Sandell of 2803 West Avenue expressed his gratitude to former Cable Commission member, Gale Lawley, and the City Manager for all of their work on the proposed Ordinance. Council Member Kellogg thanked the Commission for their fine work on the Cable Ordinance. Mayor Scott echoed Council Member Kellogg's comment. He further stated that he may suggest the waiving of the second reading and approval of the final adoption of the Ordinance on February 22, 2000 council meeting if there is no one present in the audience objecting to the Cable TV Franchise Regulatory Ordinance. Council Member Wright questioned if the Ordinance provided for digital cable. The City Manager stated that Section 13 of the franchise agreement provides for other types of cable, which would include digital and Section 4.8 of the Ordinance provides for additional services (digital). 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 A Cable TV Franchise Regulatory Ordinance

DISCUSSION: None.

(VOTE: 4 - "AYES") CARRIED

COMMENTS FROM AUDIENCE: None.

Adjournment: 7:53 p.m. Approved: February 22, 2000





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, Final Payment and Release of Retention Monies for the 1999 Pheasant Run Secondary Storm Sewer Project

* Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the 1999 CDBG Sewer Project, Phase III, Division II

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

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Letter of Understanding By and Between the Burlington Community School District and the City of Burlington for Police Department Studio Equipment

2. Resolution Awarding Contract for the 1999-2000 4th and Valley Parking Lot Improvements

3. Resolution Approving the Collective Bargaining Agreement between the City of Burlington, Iowa and Local 828 of the American Federation of State, County and Municipal Employees, AFL-CIO, July 1, 2000 - June 30, 2003

4. A Resolution Approving the Collective Bargaining Agreement between the City of Burlington, Iowa and Local 7176 of the Communications Workers of America AFL-CIO July 1, 2000 - June 30, 2003

5. Resolution Approving Update/Replacement of Electrical Equipment, Equipment Controls and Telemetry (Communication) Systems for the Wastewater Treatment Facility

6. Resolution Approving Urban Revitalization Tax Exemptions Pursuant to Chapter 404 of the State Code of Iowa

7. Resolution Authorizing the Purchase of One Each 176" Wheelbase Light Duty Bus

SET DATE FOR PUBLIC HEARINGS:

1. Consideration of the Concept for the 2000 Jefferson Street Reconstruction (February 22, 2000)

2. Consideration of the Issuance of $5,000,000.00 General Obligation Public Works Facility Bonds (February 22, 2000)

3. Consideration of Sale of City-Owned Lot at 116 South Marshall Street (February 22, 2000)

4. Consideration of A Permanent Encroachment Agreement for Frank Millard and Company, Inc. to Encroach onto Public Right-of-Way with a Handicap Ramp on the Rear of their building located at 123 South Third Street (February 22, 2000)

5. Consideration of A Permanent Encroachment Agreement for Metro Plains Development, Inc. to Encroach onto Public Right-of-Way with a Concrete Stoop to be located on the front of their building located at 100 North Third Street (February 22, 2000)

6. Consideration of Fiscal Year 2000-2001 Budget (March 6, 2000)

APPOINTMENTS:

Board of Plumbing Examiners: Byron Whittlesey

Historical Preservation Commission: Susan Diehl

RecPlex Advisory Committee: John Dewey

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