The Burlington City Council met in regular session at 5:00 p.m. (due to various community activities in Burlington) 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 Kuntz of 606 Aetna Street requested the removal of the Resolution Approving Agreement with Thomas L. Shockley, Jr. and Rebecca R. Shockley for Right of First Refusal and Option Agreement for the Purchase of Real Property Bounded by Division Street on the South, 6th Street on the West, 5th Street on the East, and Market Street on the North
from the consent agenda for discussion at the close of the meeting. Mayor Scott reviewed the items listed on the consent agenda to the viewing audience.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTES: 5 - “AYES”)                        CARRIED

HEARING:
1.    Public Hearing:  Consideration of Designation of the Expanded Flint Hills Urban Renewal Area and on Urban Renewal Plan Continued from the June 2, 2003 City Council Meeting

COMMENTS: The Deputy City Manager explained to the Council and the viewing audience that the City was amending 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 Chapter 403 of the Code of Iowa allows Cities to establish an urban renewal area for either the purpose of slum and blight clearance or for economic development purposes.  He stated that the plan will now be amended to include the following area: commencing at the corner of West Avenue and Roosevelt, then south along the west right-of-way line of Roosevelt to the south City limit, west along the City limit line to the point it intersects the west City limit, north along the west City limit line to West Avenue, east on West Avenue to the point of beginning.  He stated that Plan Commission unanimously approved the plan.  He further stated that no comments were received from the Des Moines County Board of Supervisors or the Burlington Community School Board.  He also stated that there would be no effect on the Enterprise Zone due to the expansion of the area.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

    Motion to Close                        CARRIED

    Resolution to Declare Necessity and Establish An Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa

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

    Resolution Approving Amended Urban Renewal Plan for the Flint Hills Urban Renewal Area in the City of Burlington, Iowa

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

RESOLUTIONS:

1.    Resolution to Establish A New Fee and Charge Schedule for Flint Hills Golf Course Continued from the June 2, 2003 City Council Meeting

DISCUSSION: Sally Box representing the Flint Hills Golf Course Advisory Board stated that the board unanimously voted against raising the fees.  She stated that the course was in great shape and the sale of season passes has doubled from last year.  She stated that the Board would like to review the fees in November 2003 for the 2004 golfing season.  The City Manager reminded Council that raising the fees was a Council directive to staff.  He stated that he it would a good idea for the Flint Hills Golf Course Advisory Board to discuss the fees in November.  The Council discussed the raising of the fees and unanimously voted against the raising of the fees.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “NAYS”)                        FAILED

2.    Introduce Resolution of Necessity for the 2003 Bock Street and Herblo Drive Reconstruction

DISCUSSION: Mark Collins of 2832 Herblo Drive stated that he has circulated a petition from 14 of the 24 original property owners to stop all plans for the reconstruction of Herblo Drive.  He stated that the property owners felt that their property taxes should pay for the project.  Mayor Scott explained that a policy has been in place the last 6-7 years which sets the standard for residential streets to be 27 ft. He read an old editorial by Mark Collins that Herblo Street was in bad condition and the City needed to repair it.  He stated that he was confused why Mark Collins was now asking that the project be stopped completely.  He further stated that most neighborhoods have accepted the process.  He stated that the City could take the funding for the project and use it to reconstruct other streets and in the meantime Herblo Drive will deteriorate even more.  Randy Frice of 2837 Bock Street questioned where it states that all residential streets must be 27 ft.  The Mayor stated that it was a part of the City’s Comprehensive Plan. Lyle Magneson of 2840 Herblo stated that 92% of the property owners in the neighborhood signed the first petition.  He stated that in order for property owners to sell their homes they must have curb appeal.  He urged Council not to put off the project for another five to six years as the street will continue to deteriorate and the project cost will only increase.  The Public Works Director stated that eliminating Herblo Drive and reconstructing Bock Street would cost the City extra money as the preliminary assessment schedule for Bock Street was approved on the consent agenda.  He explained that the Resolution of Necessity needed to be tabled to the July 7, 2003 City Council per State Code.   All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

3.    Resolution Tabling Resolution of Necessity for the 2003 Bock Street and Herblo Drive Reconstruction to the July 7, 2003 City Council Meeting

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

4.    Resolution Approving Agreement with Thomas L. Shockley, Jr. and Rebecca R. Shockley for Right of First Refusal and Option Agreement for the Purchase of Real Property Bounded by Division Street on the South, 6th Street on the West, 5th Street on the East, and Market Street on the North

DISCUSSION: Tom Kuntz of 606 Aetna stated that the South Hill Neighborhood Association was concerned that the 6th and Division Street property would be sold to the Shockleys for $1.00 without any type of commitment in the part of the Shockleys.  He stated that they would like to know what the plans were for the site.  Wally Cable of 119 South 6th Street stated that he would be willing to help with any site plans and was in favor of any reasonable development of the area, although he preferred the area be left grassy.  The City Manger stated that the $1.00 was for the right of first refusal and the option agreement.  He stated that the terms and conditions would be negotiated at a later date.  He also stated that after approval of the right of first refusal and the option agreement, the Shockleys would be able to work up plans and the City would later have a hearing on the sale of the property. 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: 5:45 p.m.                        Approved: July 7, 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

PETITION:
1.    Motion to Receive and File Petitions from Property Owners Requesting Reconstruction of Herblo Drive and Bock Street and to Assess the Cost between a 27 ft. Wide Street and a 31 ft. Wide Street to Abutting Property Owners

RESOLUTIONS:
1.    Preliminary Resolution for the 2003 Bock Street and Herblo Drive Reconstruction

2.    Resolution Ordering Notice to Waterworks Board of Trustees, Utility Companies and Property Owners to Make, Repair, or Relocate Any Water or Other Utility Connections for the 2003 Bock Street and Herblo Drive Reconstruction

3.    Resolution Determining the Valuation of Each Lot for the Special Assessment of the 2003 Bock Street and Herblo Drive Reconstruction

4.    Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the 2003 Bock Street and Herblo Drive Reconstruction

5.    Resolution Establishing Proposed Ambulance Fee Restructuring for the Burlington Fire Department Paramedic Ambulance Service Effective July 1, 2003

6.    Resolution Amending the Personnel Manual for Non-Union Employees

7.    Resolution Authorizing the Submittal of a Tip Amendment Request Transferring FFY05 STP Funds from Summer Street to Osborn Street on Behalf of the City of Burlington

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

SET DATE FOR PUBLIC HEARINGS:
1.    Consideration of an Ordinance Vacating and Selling 117.4 Feet of the North-South City Alley Right-of-way Adjacent to 1237 Washington Street (July 7, 2003)

2.    Consideration of An Ordinance Providing for the Division of Taxes on Taxable Property Within the Flint Hills Urban Renewal Area (July 7, 2003)


3.    Consideration of A Resolution Approving the Voluntary Annexation of Territory (Case-owned Railroad Right-of-Way for Proposed City Bike Trail) (July 21, 2003)

4.    Consideration of A Resolution Approving the Voluntary Annexation of Territory Located on the Southeast Corner of Gear and West Avenue and Located South of West Avenue and Lower Augusta Road, Adjacent to West Avenue on the North, Gear on the West, 65th on the South, and Highway 61 to the East - SW Subarea (July 21, 2003)