Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerks office at (319)

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Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk s office at (319)

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Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk s office at (319)

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Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerks office at (319)753-8124. MINUTES OF THE PROCEEDINGS OF THE BURLINGTON, IOWA CITY COUNCIL Meeting No. 8 April 17, 2006 The Burlington City Council met in regular session at 7:00 p.m. in the City Hall, Council Chambers with Mayor Edwards, Council Members Campbell, Ell, Scott and Thomas present. BURLINGTON CITY COUNCIL PROCLAMATIONS: * Teach Children to Save Day - Teach Children to Save Day - Charlie Walsh, Vicki Bredar, Derek Elmore, Ian ODear, Nicole Bryam, Lauren Anderson, Katy Kirk and Morgan Myers * Crime Victims Rights Week - Pat Jackson * Clean Out Your Files Day - Darven Kendall * Arbor Day - Kirt Ormesher * Volunteer Week - Jack Jacobs * Equal Pay Day - Wilma Savage 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. Introduced By: Thomas Seconded By: Scott MOTION: To approve all items listed under Item I., Consent Agenda. DISCUSSION: Mayor Edwards reviewed the items listed on the consent agenda to the viewing audience. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. PRESENTATION: Southeast Iowa Brownfield Initiative - Andrea Chase, Environmental Planner and Brian Porter with Terracon DISCUSSION: Andrea Chase, Environmental Planner for the SEIRPC, reviewed with the City Council and the viewing audience the following: What are Brownfields (abandoned and/or underused properties, commercial or industry, perceived contamination); broken window theory; SE Iowa Brownfield Mission; EPA funding programs and SEI Brownfield Assessment Grant. Brian Porter with Terracon stated that Burlingtons Brownfield was property located at 502 Valley Street, which was previously a gas station and movie theater and is now an abandoned lot. The property could be used for green space, offices, restaurant, housing or a parking lot. He stated that the grant process was very competitive. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. HEARINGS: 1. Statement: Consideration of Annual Consolidated Transit Funding Applicat

ion COMMENTS: The Transit Manager stated that the public hearing on the filing of an application to the Iowa Department of Transportation for Federal and State operating assistance for B.U.S. was a required hearing. He stated that the City was anticipating receiving approximately the following: $155,278.00 in FTA monies with a local match and $144,294.00 in STA monies. He stated that the balance of the estimated operating budget would be from fare boxes and levies. He stated that from July 2004 to June 2005 bus ridership was 147,481 and the City buses traveled 180,534 miles. He further stated that City transit staff consists of six full-time employees and eight part-time employees. He also stated that the Capital Assistance portion of this year is an estimated amount of Peer-Pool Funds allocated from federal dollars and distributed through the Iowa Department of Transportation. The estimated value of $40,456.00 is an accumulation of three fiscal years of allocation that the City anticipated using toward the acquisition of a transit fleet expansion vehicle. The local match must be at least 17% of the total cost of an expansion vehicle. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk Introduced By: Thomas Seconded By: Scott Resolution Approving Filing of an Application to Iowa Department of Transportation for Federal and State Operating Assistance for B.U.S. to Provide for the Projected Receipt of Additional F.T.A. Funds 2. Statement: Consideration of a Resolution Approving Transit Fares COMMENTS: The Transit Manager stated that over the past 18-months the price of diesel fuel has tripled in cost. He stated that the last time the City council raised transit fares was July, 2003. He stated that the proposed cash fare would be increased from $1.00 to $1.25; a monthly pass would be $18.50; a half month pass would be $9.25; school pass program for children in kindergarten through high school, residing in the same household would be available for $18.50 a month for the first pass and $9.25 a month for each additional pass; annual pass $150.00; token $1.00 each in minimum quantities for four for $4.00 and free tokens (one per fare). He further stated that it was still the cheapest ride in Burlington. Council Member Ell questioned if the Transit Manager had made comparisons with other communities of comparable size in Iowa. The Transit Manager stated that some communities were higher than Burlington and some were lower than Burlington. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Ell Seconded By: Thomas Resolution Approving Transit Fares Effective July 1, 2006 3. Statement: Consideration of an Ordinance Vacating and Selling a 60-Foot Portion of the North-South, 16-Foot Wide Alley Right-of-Way, Located Between

South 4th Street and South 5th Street and Division Street and Elm Street COMMENTS: The Development Director stated that the proposed Ordinance vacates and sells a 60-foot portion of the north-south, 16-foot wide alley right-of-way, located between South 4th Street and South 5th Street and Division Street and Elm Street (the old St. Francis site). He stated that the purchase price for the 960 square feet of the alley right-of-way was $1,200.00 and the property would be transferred by quit claim deed and sold to A/E Leasing. He further stated that the petitioner would be responsible for the cost of relocation of all utilities located within the vacated alley right-of-way. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Scott Seconded By: Campbell Motion for Preliminary Adoption of the First Reading of an Ordinance Vac ating and Selling a 60-Foot Portion of the North-South, 16-Foot Wide Alley Right-of-Way, Located Between South 4th Street and South 5th Street and Division Street and Elm Street 4. Statement: Consideration of an Ordinance Amending Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of Burlington and Amending the Future Land Use Map Contained Therein COMMENTS: The Development Director stated that the proposed Ordinance amends Ordinance No. 3101, which establishes the Comprehensive Strategic Plan for Burlington and amends the future land use map. He stated that the reason for amending the plan and map was due to Doug Pohren who has purchased 9 acres off of Summer Street and plans on building a horse riding complex for his daughter. The property is presently zoned C-1 (limited commercial zoning district) and would be rezoned R-1 (single-family residential zoning district). He stated that the Plan Commission voted in favor of the rezoning and changes to the Comprehensive Strategic Plan and future land use map. Doug Pohren of 1205 Navajo stated that he purchased the 9 acres, as he wants to live within the city limits of Burlington. He stated that he also wants the ability to have his 5-year old daughter to have a pony. He stated that he has spoken with all of his neighbors and he received no negative feedback. He stated that there were many things that a person can do to control the odor of a pony. After considerable discussion by the City Council the motion for approval of the first reading of the Ordinance was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Scott Seconded By: Edwards Motion for Preliminary Adoption of the First Reading of an Ordinance Ame nding Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of

Burlington and Amending the Future Land Use Map Contained Therein 5. Statement: Consideration of Plans and Specifications for the 2006 Sealco at Project COMMENTS: The Public Works Director reviewed the plans and specifications for the 2006 Sealcoat Project with the Council and the viewing audience. He stated that the 2006 Sealcoat Project would consist of sealcoating 25 blocks of street with an asphalt/limestone. He stated that the estimated cost of the project was $139,000.00 with a budget available of $117,000.00. Funding for the project would consist of $61,000.00 in sales tax monies and $56,000.00 in General Obligation Bonds. He stated that bids would be accepted on May 3, 2006 with the project awarded by the City Council on May 15, 2006. He further stated that construction would commence the summer of 2006. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Campbell Seconded By: Edwards Resolution Approving Plans and Specifications for the 2006 Sealcoat Proj ect COMMENTS FROM AUDIENCE: Becky Anderson of 218 South 6th Street urged the City Council to set a goal of making Burlington a clean city to live in. She stated that she picks up bags of garbage in the South Hill area. Mayor Edwards stated that April 27, 2006 was the City Councils goal setting session so he would bring the issue up. Council Member Ell stated that he also picks up trash and understands her frustration. Council Member Thomas suggested that she contact the Department of Corrections to help pick up trash in the community. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Adjournment: 8:33 p.m. Approved: May 1, 2006 Kathleen P. Salisbury, MMC ards City Clerk Mike Edw 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 AND CIGARETTES REPORTS AND BONDS RESOLUTIONS: 1. Resolution Awarding Contract for the 2006 HMA Overlay Project 2. Resolution Approving Purchase of One 2006 2.5 Ton Dump Truck 3. Resolution Amending Construction and Rental Permit Fees Effective with B ills Rendered on or After April 19, 2006 SET DATE FOR PUBLIC HEARINGS: May 1, 2006 1. Consideration of an Ordinance Amending Chapter 160 Abandoned or Unsafe Buildings to Include Structures Identified as Meth Homes 2. Consideration of an Ordinance Amending the Land Use Section of the Comprehensive Plan and Future Land Use Map for the City of Burlington