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. 11
June 5, 2000
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Kellogg and Thomas present. Council Member Wright resigned effective
April 21, 2000.
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 the 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
HEARING:
1. Statement: Consideration of Providing for the Sale and Issuance of $4,700,000 General
Obligation Public Works Facility Bonds and Providing for the Levy of Taxes to Pay the
Same
COMMENTS: The City Manager stated that the $4,700,000 General Obligation Public Works
Facility Bond Sale was at 2:00 p.m., June 5, 2000. The Finance Director stated that Moody
Investment reconfirmed Burlington's A-2 rating. He stated that he was very pleased with the
rates received at the bond sale. Rex Ramsay of Piper, Jaffray presented Council with the bond
sale report. He stated that there were five bidders with the lowest bidder SunTrust Equitable
Securities, Atlanta, Georgia. He stated that the average interest rate was 5.771% compared to the
estimated interest rate of 5.83%. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Providing for the Sale and Issuance of $4,700,000 General Obligation Public
Works Facility Bonds and Providing for the Levy of Taxes to Pay the Same
DISCUSSION: Mayor Scott stated that the $4,000,000 of the $4,700,000 General Obligation Public Works Facility Bond Issue would be paid back through cost savings. He stated that the $700,000 would be paid by taxpayers with a tax levy of $.10 per thousand dollar assessment. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the
Ordinance Rezoning Approximately 1 Acre of Land Lots 3 Through 9 of Barret's
Subdivision, Block 974, Located on the Southeast Corner of the Intersection of Division
Street and Central Avenue from R-3 (Apartment Residential) to C-1 (Commercial)
Zoning District to Waive Second Reading and for Final Adoption of the Ordinance
DISCUSSION: The City Planner stated that at the last Council Meeting there was concern by Ralph Kemp of 213 South 10th Street regarding access to his garage from the alley. He stated that Family Video has submitted a new layout of the alley to correct Ralph Kemp's concern. He stated that when he receives more specific details of the new layout he would have the neighbors in the affected area review the plans. He further stated that Family Video has requested the waiving of the second reading of the Ordinance and for final adoption of the Ordinance. Council Member Edwards urged the City Planner to convey a thank you to Family Video for being so cooperative. Council Member Thomas stated that citizens in the area were very pleased to have a video store in their neighborhood. Council Member Kellogg made a motion for waiver of the preliminary consideration and adoption of the second reading and for final adoption of the Ordinance. Council Member Edwards seconded the motion. After roll call vote the motion to waive the second reading and final adopt the Ordinance was unanimously approved by the Council. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
2. Motion For Waiver of Preliminary Consideration and Adoption of the Second Reading
and for Final Adoption of An Ordinance: An Ordinance Amending Chapter 17.16 of the
Municipal Code to Rezone Approximately 1 Acre of Land Lots 3 Through 9 of Barret's
Subdivision, Block 974, Located on The Southeast Corner of The Intersection of Division
Street And Central Avenue From R-3 (Apartment Residential) to C-1 (Commercial)
Zoning District, With Conditions
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
3. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the
Ordinance Vacating a Portion Alley Right-of-way Adjacent to Lots 3 Through 9 of
Barret's Subdivision, Block 974, Located on the Southeast Corner of the Intersection of
Division Street and Central Avenue to Waive Second Reading and for Final Adoption of
the Ordinance
DISCUSSION: Ralph Kemp of 213 South 10th Street presented Council with a copy of Section 409.25 Public Lands from the State Code regarding the vacation of an alley having to been dedicated for at least ten years and has not been open to vehicular traffic or has not been used for placement of city or franchise utility equipment. The City Planner suggested that the Council go ahead and approve the Ordinance vacating the property. He stated that he would have the City Attorney review Section 409.25 f the State Code to see if it was still in effect. Council Member Kellogg made a motion for waiver of the preliminary consideration and adoption of the second reading and for final adoption of the Ordinance. Council Member Edwards seconded the motion. After roll call vote the motion to waive the second reading and final adopt the Ordinance was unanimously approved by the Council. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
4. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading
and for Final Adoption of An Ordinance: An Ordinance Vacating a Portion Alley Right-of-way Adjacent to Lots 3 Through 9 of Barret's Subdivision, Block 974, Located on the
Southeast Corner of the Intersection of Division Street and Central Avenue
DISCUSSION: None.
(VOTE: 4 - " AYES") CARRIED
RESOLUTION:
1. Resolution Approving Expenditure to Provide Partial Design Services for a New
Burlington Public Library
DISCUSSION: The City Manager stated that the proposed Resolution provides for the approval of an expenditure to provide partial design services for a new Public Library as follows: Smith Engineering of Burlington, Iowa to perform topography and aerial engineering services in an amount not to exceed $13,000.00; and Leo A. Daly Firm of Omaha, Nebraska for partial schematic building design services in an amount not to exceed $89,700.00. He stated that the cost of the new construction for a Public Library requires a bond issue approved by the voters of Burlington. He stated that it was important for the voters of Burlington to be fully informed on the issue that they will be requested to vote on. He stated that it was necessary that partial schematic design services be performed to further define the scope of the project. He further stated that all contracts for services and bills related thereto, once preliminary approved by the Burlington Library Board of Trustees would be submitted to the City Council for final approval. Mayor Scott stated that once the scope of the work is determined, the Library Board of Trustees may be back to the Council for additional funding. 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: None.
Adjournment: 7:30 p.m. Approved: June 19, 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 1999-2000 4th and Valley Parking Lot Improvements
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Liquor License for The Beat Tavern II, Inc. dba/The Beat Tavern for July 8, 2000
2. Resolution Approving Change Order No. 1 to the 2000 Hawkeye Sewer, Phase II, Storm
Sewer Improvements, Division IV
3. Resolution Authorizing Execution of a Grant Application to the Iowa Department of
Transportation's RISE Program in Connection with the Railway Project at Burlington
Junction Railway
4. Resolution Authorizing a Temporary Encroachment Permit for Bakery Haus
SET DATE FOR PUBLIC HEARINGS: for June 19, 2000
1. Consideration of An Ordinance Amending Chapter 10.52 Through, One-Way and Stop
Streets of the Burlington Municipal Code
2. Consideration of An Ordinance Amending the Burlington Municipal Code by Adding a
New Chapter 12.18.00.00 Providing Regulations on the Placement of Wireless
Communications Towers and Antennas Within the City of Burlington
3. Consideration of An Ordinance Amending Chapter 2.28 Fire Department Code of the
Burlington Municipal Code
4. Consideration of Sale of Vacated Portion of Public Alley Right-of-Way Located Between
Division Street and Aetna Streets to Family Video
APPOINTMENTS:
City Planning Commission: Joseph R. Wachter
Library Board of Trustees: Tamarra Washington