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. 34
May 21, 2001
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Kellogg, Thomas and Wehrle present.
BURLINGTON CITY COUNCIL
PROCLAMATIONS:
* Jim Kelly Day
* YMCA Anniversary - Dan Dalziel and Jim Nelson
* Emergency Medical Services Week - Chief Clements
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: Council Member Edwards removed from the consent agenda for discussion at the close of the meeting the Resolution Approving 28E Agreement with City of West Burlington and Des Moines County for Joint Ownership of Prospective Geographical Information System (GIS) and the Creation of A Des Moines County GIS Commission for the Benefit of the City of Burlington, City of West Burlington and Des Moines County. 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: 5 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Budget Amendment No. 2 for the 2000-2001 Fiscal Year
Budget
COMMENTS: The Deputy City Manager stated that the proposed Resolution approves budget
amendment No. 2 for the fiscal year 2000-2001 budget. He stated that the total amendment is in
the amount of $1,005,610.00 and will result in a total final budget, as amended, of
$40,524,662.00. He reviewed with Council and the viewing audience the following budget
amendments by funds: General Fund (amended by $148,550.00); Debt Service (amended by
$133,428.00); Community Development Block Grant (amended by $188,000.00); Hotel/Motel
Tax Fund (amended by $112,120.00); Trust and Agency Fund (amended by $97,000.00); Tax
Increment Fund (amended by $55,800.00); Sewer Fund (amended by $67,000.00) and Solid
Waste Fund (amended by $3,712.00). All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Budget Amendment No. 2 for the 2000-2001 Fiscal Year Budget
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Sale of Vacated Portion of Rorer Street Right-of-Way,
Between North 6th Street and Bluff Road
COMMENTS: The Development Director reviewed with Council and the viewing audience the
plans for the Sale of Vacated Portion of Rorer Street Right-of-Way, Between North 6th Street and
Bluff Road. He stated that Rorer Street is seventy-two (72) feet wide and six hundred and
seventy (670) feet long from 6th Street to North 6th Street down to Bluff Road. He further stated
that each parcel will be given to adjacent land owners for the price of the legal fees and the fees
for drafting the deed. Council Member Wehrle questioned if the land owners were agreeable
with these plans. The Development Director stated that the land owners were agreeable. 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 Vacated Portion of Rorer Street Right-of-Way, Between
North 6th Street and Bluff Road
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Issuance of $1,160,000.00 Sewer Revenue Bonds
COMMENTS: The Deputy City Manager stated that this is a continuation of the storm and
sanitary separation project the city undertook in 1997 when the grant was accepted. He stated
that of the $1,160,000.00, $1,000,000.00 will provide proceeds for local match; $60,000.00 is the
cost of issuance and underwriter discounts on bonds; $100,000.00 will be for monies to set aside
in a reserve that is required because they are revenue bonds. He further stated that with this debt
the city will still have approximately 1.4 to 1.5 million dollars of local share that will need to be
funded in the future. These will be repaid with revenues from the city's sewer fund. They are
not general obligation of the city. He reminded Council that they have already approved the
necessary sewer rate increase to fund this debt in anticipation of this sale. Sealed bids of debt
will be taken in the Deputy City Manager's office at 12:00 p.m. on June 18, 2001. The council
will award bid at 7:00 p.m. on June 18, 2001. Council Member Wehrle questioned if he thought
the action of the federal government will have any impact on the cost. The Deputy City Manager
stated that the interest rates are down in the municipal bond market. It is anticipated that the
interest rates will be below five percent. Traditionally revenue bonds are usually higher interest
rates than general obligation bonds and that the market is favorable right now. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
4. Statement: Consideration of Issuance of $540,000.00 General Obligation Airport
Improvement Bonds
COMMENTS: The Deputy City Manager stated that monies are being lent to the Airport
Authority so that they don't have to do their improvements in phases. He stated that if the
improvements were done in different phases, it could take many years to accomplish the project
and would be more expensive. He further stated that it is proposed that the city's general
obligation bonds will be sold to lend the monies to the Airport Authority. The Airport Authority
will repay the city on an annual basis with funds they have available to them. The city will be
entering into an agreement with the Airport Authority at a future City Council Meeting. It will
be a ten year bond issue and the bonds will be sold on June 18, 2001. Leon Shahan of 1821 Mt.
Pleasant Street questioned how the bonds will be paid back. The Deputy City Manager explained
that the Airport Authority has a positive cash flow. Mayor Scott stated that it is a possibility that
they will be profitable and may not need subsidies. The City Manager stated that ninety (90)
percent of the cost of improvements are being funded by the federal government. He stated that
the government must have belief in the airport since they are funding five million dollars of the
project. Council Member Wehrle stated that improvements are needed at the Airport. He further
stated that the longer they delay the improvements at the airport, the more expensive it will get.
Council Member Thomas echoed Council Member Wehrle in supporting the improvements to be
made now. Leon Shahan questioned if citizens would have to repay the bond if the airport
couldn't. Mayor Scott stated that the citizens of Burlington would. Keith Wilkerson of 2759 Mt.
Pleasant Street of Wickliffe Inn is in favor of the airport bond. He is looking forward to seeing
airport improvements being completed. He further stated that he feels that it will benefit the
community. All present had opportunity to speak and nothing additional was filed in the office
of the City Clerk.
Motion to Close CARRIED
Resolution Approving Issuance of $540,000.00 General Obligation Airport Improvement
Bonds and $1,160,000 Sewer Revenue Bonds
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
5. Statement: Consideration of the Voluntary Annexation of Property Located South and
West of South 14th Street
COMMENTS: The Development Director reviewed with Council and the viewing audience the
voluntary annexation of property located South and West of South 14th Street. He stated that it is
a thirty-one (31) lot subdivision in the southern limits of the City of Burlington. The property is
bordered by Summer Street on the west, Koestner Street on the north and South 14th Street on the
west edge. The annexation is comprised of 16.76 acres of subdivision and there is a twenty (20)
foot parcel of city land on the east. He further stated that once the City Council approves this
voluntary annexation, it will go to the City Development Board in Des Moines for approval as an
annexation. Council Member Wehrle questioned if there will be an increase in property taxes
once it is developed. The Development Director stated that there will be an increase in property
taxes. Council Member Thomas questioned if this will be considered affordable housing for the
community. The Development Director stated that it will be between $120,000.00 to
$140,000.00 and in today's market, it is considered affordable housing. He further stated that the
City of Burlington is in need of housing. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Voluntary Annexation of Property Located South and West of
South 14th Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Repealing Chapter 6.44 Taxicabs and Creating A New Chapter 6.44 Taxicabs
and Vehicles for Hire of the Burlington Municipal Code
DISCUSSION: The City Manager stated that there are no changes to the Ordinance Creating
Chapter 6.44 Taxicabs and Vehicles for Hire of the Burlington Municipal Code from the first
reading. Council Member Kellogg made a motion to waive the second reading and to final adopt
the Ordinance. Council Member Wehrle seconded the motion. After roll call vote the motion
was unanimously approved. All present had opportunity to speak and nothing additional was
filed in the office of the City Clerk.
2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading
and for Final Adoption of An Ordinance: An Ordinance Repealing Chapter 6.44
Taxicabs and Creating A New Chapter 6.44 Taxicabs and Vehicles for Hire of the
Burlington Municipal Code
DISCUSSION: None.
3. Motion to Amend Section 6.48.020 of Chapter 6.48 Vehicles for Hire Drivers of the
Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Repealing Chapter 6.48 Taxi Drivers and Creating a New Chapter 6.48
Vehicles for Hire Drivers of the Burlington Municipal Code
DISCUSSION: Council Member Edwards made a motion to waive the second reading and to final adopt the Ordinance Creating a New Chapter 6.48 Vehicles for Hire Drivers of the Burlington Municipal Code. Mayor Scott seconded the motion. After roll call vote the motion was unanimously approved.
(VOTE: 5 - "AYES") CARRIED
5. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading
and for Final Adoption of An Ordinance: An Ordinance Repealing Chapter 6.48 Taxi
Drivers and Creating a New Chapter 6.48 Vehicles for Hire Drivers of the Burlington
Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Introduce Resolution of Necessity for the 2001 Isabella Paving Assessment Project
DISCUSSION: None.
2. Resolution Tabling Resolution of Necessity for the 2001 Isabella Paving Assessment
Project to the June 18, 2001 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Approving 28E Agreement with City of West Burlington and Des Moines
County for Joint Ownership of Prospective Geographical Information System (GIS) and
the Creation of A Des Moines County GIS Commission for the Benefit of the City of
Burlington, City of West Burlington and Des Moines County - (Tabled to the June 4,
2001 City Council Meeting)
DISCUSSION: The City Manager stated that the correct amounts were not available in the 28E
Agreement at this time and he did not feel comfortable having Council approve the Resolution
without the correct amounts. The amounts will be available at the next City Council Meeting.
Council Member Edwards made a motion to table the Resolution Approving the 28E Agreement
to the June 18, 2001 Council Meeting. Mayor Scott seconded the motion. After roll call vote the
motion was unanimously approved.
4. Motion to Table the Resolution Approving 28E Agreement with City of West Burlington
and Des Moines County for Joint Ownership of Prospective Geographical Information
System (GIS) and the Creation of A Des Moines County GIS Commission for the Benefit
of the City of Burlington, City of West Burlington and Des Moines County to the June 4,
2001 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: Chuck Griffin of 2604 Clearview, representing the First
Church of Nazarene is requesting support from the City Council for traffic signals to be placed at
Mason Road and Highway 61. He proposed that the city and/or state lower the speed limit to
forty or forty-five mph where Mason Road meets Highway 61. He further stated that he would
like to get extra help by the Burlington Police Department in slowing down the traffic in this area
especially at busy times when anywhere between 140 and 150 vehicles are trying to leave the
church parking lot at one time. He urged Council to reduce the speed limit prior to the traffic
signals being installed at the intersection of Highway 61/Mason Road.
Adjournment: 8:05 p.m. Approved: June 4, 2001
Katie Gerling Timothy E. Scott
Computer Specialist I Mayor
for Kathleen P. Salisbury, City Clerk CMC
(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 Flint Ridge Business Park, Lot No. 4 Street Construction
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
PETITIONS:
1. Motion to Receive and File Petition from Citizens Requesting the Renaming of Mason
Road to Jim Kelly Road in Honor of Astronaut Jim Kelly
2. Motion to Receive and File Petition from Property Owners Requesting Reconstruction of
Isabella
RESOLUTIONS:
1. Resolution Awarding Contract for the 2001 Jefferson Street Reconstruction
2. Resolution Approving Agreement with Iowa Codification, Inc. for New Municipal Code
Books for the City of Burlington
3. Resolution Approving Outdoor Sales Area for Liquor License for The Beat Tavern II, Inc.
dba/The Beat Tavern for June 9, 2001 and July 7, 2001
4. Resolution Approving Lease Agreement for Apple Trees Museum with Des Moines
County Historical Society
5. Preliminary Resolution for the 2001 Isabella Paving Assessment Project
6. Resolution Ordering Notice to Waterworks Boards of Trustees, Utility Companies and
Property Owners to Make, Repair, or Relocate Any Water or Other Utility Connections
for the 2001 Isabella Paving Assessment Project
7. Resolution Determining the Valuation of Each Lot for the Special Assessment of the
2001 Isabella Assessment Paving Project
8. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
2001 Isabella Paving Assessment Project
9. Resolution Approving Salary Adjustment for City Manager
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Plans and Specifications for the 2001 West Avenue/Broadway Avenue
ACC Trail (June 4, 2001)
2. Update of the 1999 Community Development Block Grant (CDBG) Program (June 4,
2001)
3. Consideration of the Plans and Specifications for the 2001 ACC Overlay Project
(June 4, 2001)
4. Consideration of Plans and Specifications for the 2001 Isabella Assessment Paving Project (June 18, 2001)
APPOINTMENTS:
City Planning Commission: Jeff Jennison