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. 35
June 2, 2003
MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 35
June 2, 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.
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: Tom Lietsch of 100 South Woodlawn requested the removal of the Resolution Amending Flint Hills Golf Course Fees from the consent agenda for discussion at the close of the meeting. Mayor Scott requested the removal of the Resolution Awarding Contract for the Hawkeye Sewer Separation Project, Phase III 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
PRESENTATION: JON KOEBRICK, MEDIACOM
DISCUSSION: Jon Koebrick, Division Director for Mediacom presented Council and the viewing audience with an update since Mediacom acquired the local cable company in July 2001 from AT&T Broadband. He stated that Mediacom has offered more services and upgrades for viewers than the previous company. He stated that Mediacom has spent $300,000,000.00 in the state of Iowa on improvements and has created 200 jobs in the last 18-24 months. He stated that Mediacom is active in the community offering college scholarships and donations to charitable agencies. He stated that Mediacom has filed comments with the FCC regarding the high cost of programming. He urged the City to also write to the FCC. Council Member King stated that he hears many complaints from citizens regarding rate increases. He stated that he would like Mediacom to allow customers to choose the channels they want to pay for. Jon Koebrick stated that Mediacom is unable to offer customers ala carte programming. He also stated that the City’s emergency alert system for storms, etc., should be working by the end of the week. Mayor Scott echoed Council Member King’s comment regarding customers complaining about the high cost of cable TV. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
HEARINGS:
1. Statement: Consideration of Plans and Specifications for Equipment Replacement and Process Improvements at the Burlington Wastewater Treatment Facility
COMMENTS: The WWTF Superintendent stated that the present facility was 21 years old and the equipment needed to be replaced and updated with new technology. He reviewed the plans and specifications for the equipment replacement and process improvements at the WWTF with Council and the viewing audience. He stated that a pre-bid meeting/tour will be held on June 12, 2003 with bids to be received on July 2, 2003. He stated that the project would be awarded on July 21, 2003 and the project should be complete by February 18, 2004 (prior to the spring 2004 Hawkeye Sewer Separation Project). After discussion by the Council the Resolution to approve plans and specifications was unanimously adopted. 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 Equipment Replacement and Process Improvements at the Burlington Wastewater Treatment Facility
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
2. Statement: Consideration of $5,000,000.00 General Obligation Sanitary Sewer Loan Agreement
COMMENTS: The Deputy City Manager stated that the proposed Resolution allows the City to enter into a loan agreement for $5,000,000.00 General Obligation Sanitary Sewer Loan for the City’s share of Hawkeye Sewer Project ($3,300,000.00) and the equipment replacement and process improvements at the WWTF ($1,400,000.00), with the remaining $300,000.00 for cost of issuance of the bonds, contingency and the underwriters discount. He stated that the City would be receiving bids at 2:00 p.m. on June 30, 2003 for the sale of the bonds and would award the sale of the bonds at a special meeting on June 30, 2003 at 4:30 p.m. in the City Manager’s office. After discussion by the Council, the Resolution to take additional action to enter into a loan agreement and authorize the sale of General Obligation Sewer Improvement Bonds was unanimously adopted. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Taking Additional Action to Enter into a Loan Agreement and Authorizing the Sale of General Obligation Sewer Improvement Bonds
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
3. Statement: Consideration of Budget Amendment for Fiscal Year 2002-2003
COMMENTS: The Deputy City Manager stated that the proposed Resolution provides for the City’s first and only budget amendment for fiscal year 2002-2003. He stated that the total amendment was $1,336,500.00 and would bring the final amended budget to $41,139,792.00. He stated that the amendment provides for the following cost: general fund $183,700.00; community development block grant $110,000.00; hotel/motel tax fund $101,000.00; sales tax fund $7,800.00; debt service $188,000.00; trust and agency fund $75,000.00 and capital projects fund $671,000.00. 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 for Fiscal Year 2002-2003
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
4. Statement: Consideration of Designation of the Expanded Flint Hills Urban Renewal Area and on Urban Renewal Plan
COMMENTS: The City Manager stated that the hearing on the designation of the expanded Flint Hills Urban Renewal Area and on the Urban Renewal Plan needed to be continued to the June 16, 2003 City Council Meeting to allow the Planning and Zoning Commission to review the items first. He stated that the Planning and Zoning Commission did not have a quorum at their last meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Continue the Hearing to the June 16, 2003 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
5. Statement: Consideration of Plans and Specifications for the 2003 Bock Street and Herblo Drive Reconstruction
COMMENTS: The Public Works Director reviewed with Council and the viewing audience the plans and specifications for the 2003 Bock Street and Herblo Drive Reconstruction for Council and the viewing audience. He explained that Bock Street and Herblo Drive were 31-ft streets and the new standards are now 27-ft wide street. He explained that in the past the City Council has offered property owners the option of a new 27-ft wide street or a 31-ft wide street with the increased costs assessed to abutting property owners. He stated that the estimated cost difference would be approximately $4.90 per linear foot for each side of the street. He stated that the project would also include 190 ft of sanitary sewer. He stated that bids would be received June 25, 2003 and the project awarded July 7, 2003 with the project being completed by late September, 2003. He stated that $300,000.00 has been budgeted for the cost of the project with the estimated cost of the project at $264,000.00. He stated that the project would be funded with general obligation bonds. Those who spoke in favor of a 31-ft. street were as follows: Lyle Magneson of 2840 Herblo Drive and Brian Japsen of 2828 Bock Street. They presented Council with a petition from a majority of the property owners in favor of retaining the 31-ft. street with the difference being paid by assessment. Richard Williamson representing his aunt, Susan Cable, of 2817 Bock Street stated that the first 450 foot of Bock Street was in good condition and did not need replaced. The Public Works Director stated that decracking has started in the joints. Those who spoke against the assessment were as follows: Mark Collins of 2832 Herblo Drive and Randy Frice of 2837 Bock Street. Those who spoke against the assessment felt they paid property taxes and those tax monies should pay for the street project (31 foot wide street) and they were concerned for safety of their children. After considerable discussion by the Council it was decided to bring the project back up as an assessment project at the June 16, 2003 City Council Meeting. The Public Works Director stated that the hearing on the Resolution of Necessity would then be held July 7, 2003 with bids being received for the project on July 23, 2003 and the project would be completed in early November, 2003. He further stated that another hearing on the plans and specification would not be necessary. 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 2003 Bock Street and Herblo Drive Reconstruction
DISCUSSION: None.
(VOTE: 4 - “NAYS” BAKER, SCOTT, KING AND EDWARDS
1 - “AYE” KELLOGG) FAILED
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Adopting An Official Zoning Map for the City of Burlington, Iowa and Establishing Districts As Shown on the Official Zoning Map of the City
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Adopting An Official Zoning Map for the City of Burlington, Iowa and Establishing Districts As Shown on the Official Zoning Map of the City from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Adopting An Official Zoning Map for the City of Burlington, Iowa and Establishing Districts As Shown on the Official Zoning Map. Council Member Edwards 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.
(VOTE: 5 - “AYES”) CARRIED
2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance: An Ordinance Adopting An Official Zoning Map for the City of Burlington, Iowa and Establishing Districts As Shown on the Official Zoning Map of the City
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
3. Motion for Final Adoption of An Ordinance Adopting the Proposed “Code of Ordinances of
the City of Burlington, Iowa 2003”
DISCUSSION: The City Manager reviewed with Council and the viewing audience the 12 changes to the proposed Code of Ordinances of the City of Burlington 2003. Council Member Kellogg introduced a Resolution to amend the proposed Code of Ordinances of the City of Burlington, Iowa 2003. Council Member Edwards seconded the Resolution. After roll call vote the Resolution was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) CARRIED
4. Resolution Amending the Proposed “Code of Ordinances of the City of Burlington, Iowa, 2003"
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
RESOLUTIONS:
1. Resolution Amending the Flint Hills Golf Course Fees
DISCUSSION: Tom Lietsch 100 South Woodlawn urged Council not to raise the fees for the Flint Hills Golf Course as the course has been in bad condition the last year and the course was now looking good. He suggested that the golf course be marketed more and encourage more play which would increase revenue. He further stated that he serves on the Flint Hills Advisory Committee and they were unable to review the fee schedule due to no quorum at their last meeting. Ed Sally of 2200 South 10th Street suggested a flat fee for 18 holes that would include a cart to increase play at the golf course. Jerry Adams, General Manager of Flint Hills Golf Course, stated that this year the golf course was in the best shape it has ever been. He further stated that the golf course offers the lowest greens fees in the area. After discussion by the Council it was decided to continue the discussion to the June 16, 2003 City Council meeting to allow the Flint Hills Golf Course Advisory Committee time to meet to discuss the proposed fee schedule. Mayor Scott made a motion to continue the Resolution Amending the Flint Hills Golf Course Fees to the June 16, 2003 City Council Meeting. Council Member Edwards seconded the motion. After roll call vote the motion to continue was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
2. Motion that the Resolution Amending the Flint Hills Golf Course Fees be Continued to the June 16, 2003 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
3. Resolution Awarding Contract for the Hawkeye Sewer Separation Project, Phase III
DISCUSSION: The Mayor stated that the proposed Resolution awards the contract for the Hawkeye Sewer Separation Project, Phase III to the lowest bidder Shipley Contracting Corporation in the amount of $10,209,861.72. He stated that value engineering has been implemented to lower the cost to $6,883,702.46. 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: 9:25 p.m. Approved: June 16, 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 Amending Transient Merchant/Peddler/Solicitor License Fees
3. Resolution Amending Auctioneer License Fees
4. Resolution Amending Sound Equipment Permit Fees
5. Resolution Amending Taxi Cab/Vehicle for Hire Company Fees
6. Resolution Amending Closing Out Sales License Fees
7. Resolution Establishing Tree Trimmer License Fee
8. Resolution Establishing Pricing for New 2003 Burlington, Iowa Code of Ordinances
9. Resolution Establishing New Rental Fees and Charge Schedule for Memorial Auditorium and the Port of Burlington Effective July 1, 2003
APPOINTMENTS:
Human Rights Commission: Ana Maria Warner and J.R. Ritters