MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Subject to change as finalized by the City Clerk.
For a final official copy, contact the City Clerk’s office at (319)753-8124.
Meeting No. 33
May 5, 2003
OF THE BURLINGTON, IOWA CITY COUNCIL
Subject to change as finalized by the City Clerk.
For a final official copy, contact the City Clerk’s office at (319)753-8124.
Meeting No. 33
May 5, 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
PROCLAMATIONS:
* National Association of Letter Carriers, and Local No. 222 Day -
Kathleen Hemmesch and Tracey Mace
* Be Kind to Your Animals Week - Marcia Martin
* Nursing Home Week - Sue Roberts and Kristy Ourth
* Iowa School Board Recognition Week - Linda Garwood
* Police Memorial Week - Police Chief Wunnenberg
* Mayor’s Cup Challenge - Samantha Solverson
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
HEARINGS:
1. Statement: Consideration of An Ordinance Adopting the Proposed “Code of Ordinances of the City of Burlington, Iowa 2003”
COMMENTS: The City Manager stated that the current Burlington City Code was last codified in 1984 and because there have been many changes, it was time to recodify the City Code. He further stated that during a code adoption, provisions can be adopted of any statewide or nationally recognized standard code by reference. Some examples include complete traffic, fire prevention, building, plumbing, mechanical, electrical codes or any other complete code relating to the construction, maintenance and operation of buildings. He stated that this is being done along with the adoption of the City Code. He reviewed with Council and the viewing audience a summary of the proposed changes to the Burlington City Code. He stated that numerous changes have been made throughout the code that included removing old, outdated language, updating the language, incorporate previously uncodified ordinances and ensure that the code chapters reflects the actual practice of the City and is consistent with provisions of the Code of Iowa. Council Member Kellogg questioned how long the City Administration and staff had been working on the recodification. The City Manager stated that the process was started shortly after September of 2001, taking about a year and a half. Kevin Long of 1909 Orchard Street stated that he has an auto repair business out of his home for the past 5 years and was concerned that under the proposed code, he would not be able to continue working out of his home. Mayor Scott suggested that Mr. Long make changes that he feels is fair and submit it to council for their review. Dave Hanrahan of 1709 Oak Street questioned why the Animal Control Center Advisory Committee was deleted from the code. The City Manager stated that the Animal Control Center Advisory Committee no longer exists and has not been active the last few years. Dave Hanrahan further questioned why the proposed code now reads that petitions for elections will now be returned to the City Manager’s office rather than the City Clerk’s office. The City Manager stated that it was incorrect, that it should reference the City Clerk and the change would be made. Leon Shahan of 1821 Mt. Pleasant Street questioned if there were any updates to the nuisance abatement code. The Development Director stated that the nuisance abatement code has not been updated yet. Mayor Scott stated that the council will continue to work on the code, fixing any mistakes. The City Manager stated that the city code is available on the City’s website. 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 Adopting the Proposed “Code of Ordinances of the City of Burlington, Iowa 2003”
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
2. Statement: To Reopen the Portion of the Public Hearing for the Acquisition of Capital Equipment to Reflect Specific Information on the Purchase of a Medium Duty Bus
COMMENTS: The Transit Manager stated that it is required to reopen the public hearing on the capital assistance portion of the annual grant application because the public notice published did not contain specific language that detailed the purpose of the capital assistance. He stated that there was three elements to the public hearing: FTA monies, STA monies and capital assistance. He further stated that the City would be replacing a 1991 Ford Startrans with nearly 260,000 miles. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Filing of an Application to Iowa Department of Transportation for Federal and State Operating Assistance for B.U.S. to Provide for the Projected Receipt of Additional F.T.A. Funds
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
RESOLUTION:
1. Resolution Adjusting the Transit Fares
DISCUSSION: The Transit Manager stated that the current fare structure was established by Council Resolution on May 19, 1986. He reviewed with Council and the viewing public the current fares and the proposed fares. Mayor Scott made a motion to continue the Resolution Adjusting the Transit Fares to the May 19, 2003 City Council Meeting. Council Member Edwards seconded the motion. Upon 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 to Continue the Resolution Adjusting the Transit Fares to the May 19, 2003 City Council Meeting.
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
COMMENTS FROM AUDIENCE: None.
Adjournment: 7:55 p.m. Approved: May 19, 2003
Katie Gerling Timothy E. Scott
Deputy City Clerk Mayor
for Kathleen Salisbury, City Clerk C.M.C.
(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 Petition from Property Owners Requesting Paving Assessment of Blackhawk Boulevard, Crapo Drive to East End
RESOLUTIONS:
1. Resolution Approving Demolition Assessments
2. Resolution Approving Temporary Transfer of Liquor License for Klein and Kompany, Inc. dba/Farney’s on Jefferson for Bike Criterium Event
3. 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
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of A Resolution Approving a Development Agreement with Ambrose Development, Inc., Including Tax Increment Payments in an Amount Not to Exceed $400,000 (May 12, 2003)
2. Consideration of Plans and Specifications for the 2002 West Avenue Bridge Replacement Project (May 19, 2003)
3. Consideration of A Resolution Authorizing Application for City Enterprise Zone Certification with the Iowa Department of Economic Development and Establishing an Enterprise Zone Commission (May 19, 2003)
4. Consideration 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 (May 19, 2003)
APPOINTMENTS:
Southeast Iowa Development Corporation Revolving Loan Review Committee: Jim Olson
Board of Electrical Examiners: Alando Blanco, Arnold Kemp