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Council Minutes 07 Jul 2003
Subject to change as finalized by the City Clerk. 
For a final official copy, contact the City Clerk’s office at (319)753-8124.


MINUTES OF THE PROCEEDINGS

OF THE BURLINGTON, IOWA CITY COUNCIL

Meeting No. 37
July 7, 2003

The Burlington City Council met in regular session at 7:00 p.m. in the City Hall, Council Chambers with Mayor Scott, Council Members Baker, Edwards, Kellogg and King present.  Boy Scout Troop No. 3 from St. Johns led the Council in the pledge of allegiance. Airman Atteberry  and Stg. Curroso from the US Airforce was in attendance at the Council Meeting. Airman Atteberry stated that the four things that got him where he was today were God, his family, his recruiter and his community.  As a small token of appreciation to his community he presented the Mayor and City Council with an US flag and certificate from the 335th Fighter Squadron Chiefs that was flown on an F15E Strike Eagle through enemy skies of Iraq during combat missions in support of Operation Iraqi Freedom which was flown for the City of Burlington, Iowa.  Mayor Scott stated that the flag would be placed in the Council’s display cabinet.

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 items listed under Item I., Consent Agenda.

DISCUSSION: Mayor Scott requested the removal of the Resolution Awarding Contract for the 2002 West Avenue Bridge Replacement Project from the consent agenda for discussion at the close of the meeting.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTES: 5 - “AYES”)                        CARRIED

HEARINGS:
1.    Statement:  Consideration of An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2003 Addition to the Flint Hills Urban Renewal Area of the City of Burlington, Iowa, Pursuant to Section 403.19 of the Code of Iowa

COMMENTS: The Deputy City Manager stated that this was the final step by the City in providing for the division of taxes levied on taxable property in the Flint Hills Urban Renewal Area that will incorporate the area south of West Avenue and west of Roosevelt Avenue, the

majority of which was annexed into the City in 1999.  He stated that three weeks ago the Council took the necessary steps to amend the Flint Hills Urban Renewal Area to include this area.  He stated that the Council was now taking the step to provide for the division of taxes, or the use of tax increment financing to help develop this area should the situation arise where it will be necessary.  He further stated that in a couple of weeks the Council would be approving a final amendment to the Enterprise Zone that would include this area.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

     Motion to Close                        CARRIED

    Motion for Preliminary Adoption of the First Reading of An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2003 Addition to the Flint Hills Urban Renewal Area of the City of Burlington, Iowa, Pursuant to Section 403.19 of the Code of Iowa                   

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

2.    Statement:  Consideration of An Ordinance Vacating and Selling 117.4 Feet of the 16-Foot Alley Right-of-Way Adjacent to Lots 1 and 2 of C.E. Parson’s Addition, City of Burlington, Des Moines County

COMMENTS: The City Planner stated that the proposed Ordinance vacates and sells the 117.4 feet of a 16-foot wide alley right-of-way adjacent to lots 1 and 2 of C.E. Parson’s Addition.  He stated that the alley is overgrown with trees and grass and was presently not used as an alley. He stated that the property owners of lots 1 and 2 have agreed to pay $200.00 each for 8 ft. of the property.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

    Motion to Close                        CARRIED

    Motion for Preliminary Adoption of the First Reading of An Ordinance Vacating and Selling 117.4 Feet of the 16-Foot Alley Right-of-Way Adjacent to Lots 1 and 2 of C.E. Parson’s Addition, City of Burlington, Des Moines County

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED
    
3.    Statement:  Consideration of Resolution of Necessity for the 2003 Bock Street and Herblo Drive Reconstruction Tabled from the June 16, 2003 City Council Meeting

COMMENTS: Mark Collins of 2832 Herblo stated that many of his neighbors that were against the assessment were not present as they felt the project was already a done deal.  He stated that he had presented a petition to the Council with 14 of the 24 property owners requesting the street be left alone.  Lyle Magneson of 2840 Herblo Drive stated that the original petition was signed by 22 of the 24 property owners requesting a 31 ft. street and to assess the cost of the difference between the 27 ft. and a 31 ft. street to the property owners.  He stated that he did not want to see the project delayed for another 5 years.  He urged Council to approve the Resolution of Necessity as everyone on Herblo wants a 31 ft. street, just that several property owners don’t want to pay for it.  Steve Hexom of 2829 Herblo stated that a new 31 ft. street would increase the value of the entire neigbhorhood.  He further stated that $4.90 per ft. was a good deal.  The Public Works Director stated that State Code requires a super majority vote of the Council to approve the Resolution of Necessity.  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 2003 Bock Street and Herblo Drive Reconstruction

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            ADOPTED

RESOLUTIONS:
1.    Resolution Approving Plans and Specifications for the 2003 Bock Street and Herblo Drive Reconstruction

DISCUSSION: The Public Works Director stated that the hearing on the plans and specification for the 2003 Bock Street and Herblo Drive Reconstruction was previously held.  He reviewed details of the project with the Council and the viewing audience.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”)                            ADOPTED

2.    Resolution Awarding Contract for the 2002 West Avenue Bridge Replacement Project

DISCUSSION: Ron Snyder representing CRISP urged Council to approve the awarding of the contract for the 2002 West Avenue Bridge Replacement Project even though the bids came in high.  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: Fran Ridgeway-Givens of Fontanna, California stated that she was back in Burlington attending her 50th BHS Class Reunion.  She wanted to publicly thank the Reunion Committee for their work.  She further stated that it was great to see so many people in attendance at the Council Meeting.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 7:37 p.m.                        Approved: July 21, 2003



Kathleen P. Salisbury                            Timothy E. Scott
City Clerk, C.M.C.                            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 Approving Nuisance Abatements

2.    Resolution Approving Extension of a Liquor License for an Outdoor Service Area for Joe’s Inn, Inc. dba/Joe’s Inn for a Fish Fry on July 12, 2003

3.    Resolution Amending Storm Water Utility System Fees Pursuant to Chapter 100.02 of the Burlington City Code

4.    Resolution Approving the Purchase of a Garbage Packer Body for the Solid Waste Department

5.    Resolution Endorsing Grow Greater Burlington’s Marketing Concept

6.    Resolution Providing for Adjustment to the Fiscal Year 2003-2004 Budget

SET DATE FOR PUBLIC HEARINGS: July 21, 2003

1.    Consideration of Plans and Specifications for the 2003 ACC Resurfacing Project