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 3, 2002

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Baker, Edwards, Kellogg and King present.

BURLINGTON CITY COUNCIL

PROCLAMATION:

* Juneteenth Day - MarScine Brown and Brittany Niedbalski

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 items listed under Item I., Consent Agenda.

DISCUSSION: Mayor Scott reviewed the items listed on the consent agenda to the viewing audience. Council Member Kellogg 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.

(VOTES: 5 - "AYES") CARRIED

RESOLUTION:

1. Resolution Approving Sale of $4,400,000.00 General Obligation Corporate Purpose Bonds, Series 2002

DISCUSSION: The Deputy City Manager stated that his office received bids at 11:00 a.m.,

June 3, 2002 for the sale of $4,400,000.00 General Obligation Corporate Purpose Bonds. He stated that he was pleased with the rates. He further stated that the City received a strong A2 rating by Moody and hopes to receive an A-1 rating in the future. Rex Ramsay of Piper Jaffray stated that the City received four bids on the internet, three by fax/phone for a total of seven bids. He stated that the lowest bidder was Robert W. Baird of Milwaukee, WI. Mayor Scott congratulated the City Manager and the Deputy City Manager for their advice in delaying the sale of the bonds for six months for a better interest rate. 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 Lot at 234 South 6th Street

COMMENTS: The Development Director stated that the City received an offer of $200.00 from an abuttting neighbor for the lot at 234 South 6th Street. He stated that the buyer also asked that the City remove the demolition lien from the property. He stated that the lot is buildable and the buyer plans to maintain the lot. He further stated that the sale would allow the property to be placed back on the tax rolls and the City will no longer have to maintain the property. 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 Lot 234 South 6th Street

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

2. Statement: Resolution of Necessity for the 2002 Residential Street Improvement Program, Cottonwood Court, Flint Hills Drive to Cul-de-sac, Division I Tabled from the May 6, 2002 City Council Meeting

COMMENTS: The Public Works Director reviewed the plans and specifications for the 2002 Residential Street Improvement Program, Cottonwood Court, Flint Hills Drive to Cul-de-sac, Division I with the Council and the viewing audience. He stated that the City received a petition from 15 of the 16 property owners (93.1%). He stated that the estimated cost of the project was $81,959.00. He stated that funding would be provided as follows: City cost $62,571.00, assessment cost $19,368.00 or $22.23 per front foot. He further stated that bids would be received on June 19, 2002 and the project awarded on July 1, 2002. Fred West of 115 Cottonwood Court questioned how the City determines which streets get 100% funding by the City. The Public Works Director explained that permanent streets are those constructed with concrete curb and gutter. He stated that sealcoated streets are not considered permanent streets. Council Member Baker stated that her church has a parsonage located on Cottonwood Court. The Public Works Director explained that the Church would not be exempt from paying the assessment for the parsonage, but could pay the assessment over a 10-year period with interest. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution of Necessity for the 2002 Residential Street Improvement Program,

Cottonwood Court, Flint Hills Drive to Cul-de-sac, Division I

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

3. Statement: Consideration of Plans and Specifications for the 2002 Residential Street Improvement Program, Cottonwood Court, Flint Hills Drive to Cul-de-sac, Division I

COMMENTS: None.

Motion to Close CARRIED

Resolution Approving Plans and Specifications for the 2002 Residential Street Improvement Program, Cottonwood Court, Flint Hills Drive to Cul-de-sac, Division I

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

4. Statement: Resolution of Necessity for the 2002 Residential Street Improvement Program, Gertrude Street, Spray Street to Amelia Street, Division II Tabled from the May 6, 2002 City Council Meeting

COMMENTS: The Public Works Director reviewed the plans and specifications for the 2002 Residential Street Improvement Program, Gertrude Street, Spray Street to Amelia Street, Division II with the Council and the viewing audience. He stated that the City received a petition from 11 of the 14 property owners (82%). He stated that the estimated cost of the project was $62,250.00. He stated that funding would be provided as follows: City cost $46,007.00, assessment cost $16,243.00 or $18.36 per front foot. He further stated that bids would be received on June 19, 2002 and the project awarded on July 1, 2002. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution of Necessity for the 2002 Residential Street Improvement Program, Gertrude Street, Spray Street to Amelia Street, Division II

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

5. Statement: Consideration of Plans and Specifications for the 2002 Residential Street Improvement Program, Gertrude Street, Spray Street to Amelia Street, Division II

COMMENTS: None.

Motion to Close CARRIED

Resolution Approving Plans and Specifications for the 2002 Residential Street Improvement Program, Gertrude Street, Spray Street to Amelia Street, Division II

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

6. Statement: Resolution of Necessity for the 2002 Residential Street Improvement Program, 7th Street, Acres Street to Louisa Street, Division III Tabled from the May 6, 2002 City Council Meeting

COMMENTS: The Public Works Director reviewed the plans and specifications for the 2002 Residential Street Improvement Program, 7th Street, Acres Street to Louisa Street, Division III

with the Council and the viewing audience. He stated that the City received a petition from seven of the nine property owners (62.7%). He stated that the estimated cost of the project was $80,610.00. He stated that funding would be provided as follows: City cost $62,574.00, assessment cost $18,036.00 or $19.15 per front foot. He further stated that bids would be received on June 19, 2002 and the project awarded on July 1, 2002. He also stated that a 30-inch diameter tree would need to be removed for construction and several smaller trees would be relocated. Dave Nuebel of 11884 Irish Ridge Road and owner of property located at 701 Louisa Street stated that he had not signed the petition as he was not aware of the petition. He stated that the employees at City Hall and the Engineering Office were very helpful to him. He stated that he spoke with the City Engineer about the box sewer located in the area. He further stated that he would like to place a concrete floor in the garage and construct a concrete driveway himself, instead of being assessed for the driveway. It was the consensus of the Council to allow Mr. Nuebel 60 days after the completion of the project to have his driveway constructed, if not, the City would assess Mr. Nuebel for the cost of concreting his driveway. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution of Necessity for the 2002 Residential Street Improvement Program, 7th Street, Acres Street to Louisa Street, Division III

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

7. Statement: Consideration of Plans and Specifications for the 2002 Residential Street Improvement Program, 7th Street, Acres Street to Louisa Street, Division III

COMMENTS: None.

Motion to Close CARRIED

Resolution Approving Plans and Specifications for the 2002 Residential Street Improvement Program, 7th Street, Acres Street to Louisa Street, Division III

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

8. Statement: Resolution of Necessity for the 2002 Alley Reconstruction, from West Avenue to Chamberlain Street between Summer Street and White Street Tabled from the May 6, 2002 City Council Meeting

COMMENTS: The Public Works Director reviewed the plans and specifications for the 2002 Alley Reconstruction, from West Avenue to Chamberlain Street between Summer Street and White Street with the Council and the viewing audience. He stated that the City received a petition from eight of the nine property owners (92.2%). He stated that the estimated cost of the project was $23,940.00. He stated that funding would be funded 100% by the property owners. He further stated that bids would be received on June 19, 2002 and the project awarded on July 1, 2002. Sheldon Neff of 809 Summer Street, John Smith of 815 Summer Street and John Staub of 810 White Street questioned if the City would help them pay for part of the project due to the amount of traffic on their alley. After considerable discussion it was determined to proceed with the project and Council could discuss the issue at a future work session and any adjustment could be made with the approval of the final assessment schedule. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution of Necessity for the 2002 Alley Reconstruction, from West Avenue to Chamberlain Street between Summer Street and White Street

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

9. Statement: Consideration of Plans and Specifications for the 2002 Alley Reconstruction, from West Avenue to Chamberlain Street between Summer Street and White Street

COMMENTS: The Public Works Director stated that the City would be televising the sewer to see if it needed any repairs prior to the reconstruction of the alley from West Avenue to Chamberlain Street between Summer Street and White 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 Plans and Specifications for the 2002 Alley Reconstruction, from West Avenue to Chamberlain Street between Summer Street and White Street

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

RESOLUTION:

1. Resolution Approving Final Plat of Lord Subdivision

DISCUSSION: The Development Director stated that Lord Subdivision was a 2-lot county subdivision located on Golf Course Road. He stated that the petitioner plans to divide the 4 1/2 acre tract into two lots and build a new house on the second lot located behind the house that is presently located at the site. He stated that the County Supervisors have approved the subdivision. 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: 8:25 p.m. Approved: June 17, 2002





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

BEER, LIQUOR, WINE AND CIGARETTES

NUISANCE ABATEMENTS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Outdoor Sales Area for Liquor License for The Beat II, Inc. dba/The Beat for Various Dates

2. Resolution Approving Outdoor Service Area for Liquor License for Joe's Inn, Inc. dba/Joe's Inn for July 13, 2002

3. Resolution Awarding Contract for the 2002 Saunderson Park Fence Project

4. Resolution Authorizing Removal of Street Parking Meters and Establishing Free Unmetered Restrictions

5. Resolution Authorizing the Filing of An Application with the State of Iowa for Traffic Safety Funds for Traffic Signals at the Intersection of West Avenue and West Burlington Avenue on Behalf of the City of Burlington

6. Resolution Providing for a Salary Adjustment for the City Manager

SET DATE FOR PUBLIC HEARINGS: June 17, 2002

1. Consideration of Plans and Specifications for the 2002 ACC Resurfacing Project

2. Consideration of An Encroachment Agreement for Art Zaiss dba/Zaiss Motor Sales to Allow Construction of Stairs and Platforms from the Columbia Street Right-of-Way to Property Located at 812 Washington Street, City of Burlington, Iowa

APPOINTMENTS:

Civil Service Commission - Lyn Stinson

Board of Electrical Examiners - John Bentler

Cable Television Commission - Ruthann Sandrock and Kathleen Hemmesch

Human Rights Commission - Janice Larson

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