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. 40
August 16, 1999
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
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 Henry stated on the consent agenda there was a Resolution of Support to Apply for 1999 Community Attraction and Tourism Development Program Grant Funds to Assist with Updated Improvements to Community Field and a Resolution to Provide for 50% Matching Funds. He stated that the City would be applying for $300,000 in grant monies with the City's portion coming from local option sales tax monies in the amount of $120,000 with the remaining $180,000 coming from friends of the Bees fund-raisers. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution for the Sale and Issuance of $2,800,000 General Obligation Corporate Purpose
Bonds, Series 1999 and Providing for the Levy of Taxes to Pay the Same and Take
Additional Action to Issue the Bonds
DISCUSSION: The Finance Director stated that the City held a bond sale for the issuance of $2,800,000 General Obligation Corporate Purpose Bonds, Series 1999 at 2:00 p.m., August 16, 1999. He stated that the City received eight bids. He stated that the City received an A2 bond rating by Moody. Rex Ramsay, Financial Advisor for Piper Jaffray, stated that the lowest bidder was Harris Trust and Savings Bank, Northwest Investment Services in Chicago, Illinois. He stated that the interest rate would fluctuate between the low of 4.25 percent in 2001 to the high of 5 percent in 2010. Mayor Scott praised the Finance Director for creative financing in keeping the property tax rate increase at $.05 instead of the estimated $.38. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
HEARINGS:
1. Statement: Consideration of Sale of 0.40 Acres South of Mason Road to Diane J. Davis
COMMENTS: The Development Director stated that the proposed Resolution provides for the
sale of 0.40 acres south of Mason Road to Diane J. Davis in the amount of $1.00. He stated that
the following public hearing provides for the sale of 0.08 acres south of Mason Road to the
Southeast Iowa Regional Airport Authority in the amount of $1.00. He stated that the properties
that the City was selling were previously the Swenson and Driskoll properties. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Sale of 0.40 Acres South of Mason Road to Diane J. Davis
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Sale of 0.08 Acres South of Mason Road to Southeast Iowa
Regional Airport Authority
COMMENTS: None.
Motion to Close CARRIED
Resolution Approving Sale of 0.08 Acres South of Mason Road to Southeast Iowa Regional
Airport Authority
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Sale of 1424 Smith to Mark C. and Bonnie J. Rosenberg
COMMENTS: The City Manager stated that the proposed Resolution provides for the sale of
1424 Smith Street to adjacent property owners, Mark and Bonnie Rosenberg, in the amount of
$1,500.00. He stated that the Rosenbergs were planning on improving the sidewalk. He stated
that he would like to see the $1,500.00 from the sale be funneled back into the Targeted
Neighborhood Program. The Development Director stated that the property was lot no. 17
located at the corner of Gunnison and Smith Streets. Mayor Scott extended his appreciation to
the Rosenbergs for the improvements at 1424 Smith Street. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Sale of 1424 Smith to Mark C. and Bonnie J. Rosenberg
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of A Resolution Approving the Vacation of a Portion of Oak
Ridge Drive within the Official Plat of Oak Valley Estates Subdivision
COMMENTS: The City Planner stated that the City received a request to vacate a portion of Oak
Ridge Drive within Oak Valley Estates Subdivision which is located in Des Moines County but
was within the City's 2-mile jurisdiction. He reviewed with Council and the viewing audience
the plat of the area. He stated that upon approval of the City the vacation would need to be
approved by the Des Moines County Supervisors. John Cray, Attorney for the Developer, stated
that there has been an agreement made in writing between Winegard and the owners of Oak
Valley Estates where Winegard has given up any easement rights in the proposed vacated area.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution Approving Vacation of a Portion of the Final Plat of Oak Valley Estates
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
5. Statement: Consideration of Resolution of Necessity for the 1999 Residential Street Project,
Hedge Street, 13th Street to 14th Street, Division I Tabled from the July 19, 1999 City
Council Meeting
COMMENTS: The City Manager stated that Council introduced and tabled the Resolutions of
Necessity for all three divisions at the July 19, 1999 Council Meeting. He stated that by tabling
the action to the August 16, 1999 meeting it allowed the City Clerk to publish the notices twice
in The Hawk Eye and notify the affected property owners by mailing of the hearings according to
State Code. He stated that the property owners have petitioned for the street improvements. The
Public Works Director stated that divisions I through III consisted of asphalt upgrades to four
blocks of residential streets. He stated that the streets would be 27 ft. wide pavements with 8
inches thick asphalt with curbs and gutters. He stated that bids would be received on September
8, 1999 with Council awarding the project on September 20, 1999. He stated that the City had
budgeted $250,000 for the projects. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Resolution of Necessity for the 1999 Residential Street Project,
Hedge Street, 13th Street to 14th Street, Division I
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
6. Statement: Consideration of Resolution of Necessity for the 1999 Residential Street Project,
Steuben Street, Vogt Street to Grube Street, Division II Tabled from the July 19, 1999 City
Council Meeting
COMMENTS: None.
Motion to Close CARRIED
Resolution Approving Resolution of Necessity for the 1999 Residential Street Project,
Steuben Street, Vogt Street to Grube Street, Division II
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
7. Statement: Consideration of Resolution of Necessity for the 1999 Residential Street Project,
Dehn Street, Le Sylvia Drive to Bock Street, Division III Tabled from the July 19, 1999 City
Council Meeting
COMMENTS: John Osborne of 2317 Dehn Street questioned if the catch basin located at the
corner of Dehn and Vogt Street would be tied into the storm sewer. He further stated that he
was looking forward to having the project completed. The Public Works Director stated that he
thought that the construction of curb and gutter would alleviate the problem, but that he would be
going over calculations with the City Engineer and would get back to Mr. Osborne in regard to
his question. Ed Fulkerson of 2307 Dehn Street urged Council to reconsider the assessment
project as it would place a financial hardship on his family. The City Manager stated that the
cost to the property owners cannot exceed the amount of the preliminary assessment schedule.
He stated that after the project was finalized the property owner would receive a bill and would
have the option of paying all or a portion of the assessment. He stated that any unpaid portion of
the assessment would be filed at the Des Monies County Treasurer's office and would be paid
over a ten-year period with interest. Donna Kaup of 2316 Dehn Street stated that she has a very
deep ditch in front of her home. She stated that she was very much in favor of the project. The
Public Works Director stated that all ditches would be filled in. Warren Kirby of 2200 Dehn
Street stated that he had a rock driveway which was in excellent condition. He stated that he did
not see a need to pave his driveway. The Public Works Director stated that Mr. Kirby's driveway
did not meet the Ordinance requirements for driveways. He explained that Mr. Kirby could
lower his cost for paving his driveway by making his driveway narrow. Mayor Scott urged the
Public Works Director and Mr. Kirby to get together to discuss the construction of the driveway.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution Approving Resolution of Necessity for the 1999 Residential Street Project, Dehn
Street, Le Sylvia Drive to Bock Street, Division III
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
8. Statement: Consideration of Plans and Specifications for the 1999 Residential Street
Projects, Division I to III
COMMENTS: The Public Works Director reviewed with Council and the viewing audience the
plans and specifications for each project. He stated that the 1999 Residential Street Projects,
Division I to III would consist of 8 inches thick asphalt and a 27-foot wide street with 3 inch
curbs and gutters. He stated that one to two blocks should be constructed fall, 1999 with the
remaining blocks being constructed in spring, 2000. 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 1999 Residential Street Projects,
Division I to III
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Approving An Agreement By and Between the City of Burlington, Iowa, and
MetroPlains Properties, Inc. for the Redevelopment of Property Located at 100 North Third
Street for the Purpose of Providing a Private Parking Ramp for The Burlington Apartments
DISCUSSION: The City Manager stated that in June 1997 the City and MetroPlains entered into a parking agreement in which the City would lease up to 74 outdoor parking spaces to hotel tenants in its public lot at Valley and Main Streets. He stated that the City bought the Archer building in March 1998 with plans to turn the building into a parking garage or demolish the building and turn the area into a surface parking lot. He stated that renovation of the building was too expensive and the idea of making the proposed area into a surface parking lot would only create 45 parking spaces. He stated that Metro Plains then purchased the building with the idea of renovation. He stated that the proposed agreement for private development provides that the construction of the minimum improvements will require a total investment by the Developer of not less than $200,000 and will agree to a minimum assessed valuation on the property for tax purposes of $200,000 for a period of twenty years. He further stated that the City will provide $60,000 toward the cost of rehabilitating the building as identified in the Developer's proposal, and is consistent with the Urban Renewal Plan for the area, and the Tax Increment Financing Ordinance in effect for the area, and the grant funds would be paid to the Developer within ten days of the Developer completing said minimum improvements. Ron McCready, Chief Operating Officer for MetroPlains, stated that the parking garage would be a two-story indoor parking garage with 30 parking spaces on the first level and 19 parking spaces on the second level. He stated that MetroPlains would still need 26 outdoor parking spaces in the Main and Valley Street parking lot to fulfill the 74 space parking agreement with the City. He stated that presently there were 31 residents using 16 parking spaces in the Main and Valley Street parking lot. He stated that the lower level would be self-parking with the second floor to be valet parking. Jerry Jochims, Board member for Downtown Partners, stated that the use of the parking garage fills the mission of Downtown Partners to preserve the original structure for parking for the hotel. He stated that it was a delightful solution for everyone. Council Member Edwards reminded Council that they were obligated to replace those parking spaces used by MetroPlains at the Main and Valley Street parking lot. Mayor Scott stated that the Council was obligated, but they did not want to provide for fewer parking spaces in that area for the general public. Council Member Henry stated that twenty years from now property owners will be enjoying the tax base. Council Member Thomas stated that it was a blessing to see reuse of an older building in downtown Burlington. Mayor Scott stated that it was the best workable solution for parking for MetroPlains. He further stated that he agreed with Council Member Edwards concern for replacement of parking in the downtown area. Council Member Wright stated that there may be a need for parking now that MetroPlains can rent to individuals 55 years of age. Ron McCready stated that MetroPlains would not be coming back looking for more parking spaces. 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: None.
Adjournment: 8:45 p.m. Approved: September 7, 1999
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 and Final Payment for the 1999 9th Street Viaduct Stone
Repair
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Liquor License for The Beat for
September 11, 1999
2. Resolution Approving Public Works Complex Agreement with Robert M. Kueny Architects for Architectural Services
3. Resolution Awarding Contract for Memorial Auditorium Doors and Windows Replacement
Project
4. Resolution Approving Purchase of One 2-1/2 Ton Single Axle Dump Truck for Public
Works Department, Street/Sewer Division
5. Resolution Approving Purchase of Brush Chipper for Parks Department
6. Resolution of Support to Apply for 1999 Community Attraction and Tourism Development
Program Grant Funds to Assist with Updated Improvements to Community Field
7. Resolution Agreeing to Provide A Portion of the Local Match for the 1999 Community
Attraction and Tourism Development Program Grant for Community Field Improvements
8. Resolution Approving the Purchase of Two (2) Portable Trailer-Mounted Emergency Generators for the Wastewater Treatment Facility
SET DATE FOR PUBLIC HEAINGS: SEPTEMBER 7, 1999
1. Consideration of Budget Amendment No. 1 to the 1999-2000 Budget
2. Consideration of Plans and Specifications for the 1999 Yoder/Woodland Drive Paving
Improvements
3. Consideration of Concept for the 1999 P.C.C. Pavement Widening and Traffic Signals on
U.S. Highway 61 (Roosevelt Avenue) and Agency Street
4. Consideration of An Ordinance Amending the Land Use Map and the Municipal Zoning
Map and Title 17, Zoning Ordinance, of the City Code of the City of Burlington, Iowa, by
Rezoning the South 55 Feet of the Property Located at 2102 South Main Street, Hass
Funeral Home, from "R-1B" One-Family Residential District to "C-1" Commercial District
APPOINTMENTS:
City Planning Commission: Arlan Bangs
Parks Advisory Committee: Cynthia House