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. 34
May 19, 2003
MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 34
May 19, 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: 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
HEARINGS:
1. Statement: Consideration of Plans and Specifications for the 2002 West Avenue Bridge Replacement Project
COMMENTS: The Public Works Director stated that the West Avenue Bridge Replacement Project was approved in 2001 for federal bridge replacement funding. He stated that bids were taken in October for the project and in November the bids were rejected because the low bid ($671,000.00) was approximately three times over the budgeted amount. He stated that the project was redesigned. He stated that the Iowa Department of Transportation would receive bids on June 17, 2003 with the project being awarded by the Council on July 7, 2003. He stated that the estimated cost for the project will be $325,000.00. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 2002 West Avenue Bridge Replacement Project
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
2. Statement: Consideration of A Resolution Authorizing Application for City Enterprise Zone Certification with the Iowa Department of Economic Development and Establishing an Enterprise Zone Commission
COMMENTS: The City Planner stated that the City of Burlington is the only entity that is allowed within Des Moines County that can set up an enterprise zone. He stated that 239 acres have been used with the Case Enterprise Zone, which leaves about 2500 acres to set aside. He stated that projects will have to go through the local enterprise zone commission and then be forwarded on to the State of Iowa for final approval. He stated that the City has ten years to set up projects within this area. He stated that this could be a good economic development tool for housing and manufacturing. He reviewed the limits of the enterprise zone. Dennis Hinkle of Grow Greater Burlington spoke in favor of an enterprise zone. Leon Shahan of 1821 Mt. Pleasant Street stated that he feels that the City is not marketing itself well. Council Member Edwards questioned about any new guidelines that will be used to establish the rules and regulations for business who are in the enterprise zone. After considerable discussion, the Council voted unanimously to approve the resolution authorizing application for City enterprise zone certification with the Iowa Department of Economic Development and establishing an enterprise zone commission. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Authorization of an Application for City Enterprise Zone Certification with the Iowa Department of Economic Development and Establishing an Enterprise Zone Commission
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
3. Statement: 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
COMMENTS: The City Planner stated that only minor changes have been made to the existing zoning map with the exceptions of the districts. He stated that some of the changes include the central business district extended to the south and widening of the commercial district. The City Manager stated that the annexed property has also been added to the zoning map. Leon Shahan of 1821 Mt. Pleasant Street questioned if the commercial enterprises along Mt. Pleasant Street were non-conforming uses. The City Planner stated that the uses along Mt. Pleasant Street have not changed. After discussion by the Council the motion for the first reading of An Ordinance Adopting An Official Zoning Map for the City of Burlington and Establishing Districts As Shown on the Official Zoning map was unanimously approved by the City Council. 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 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
ORDINANCE:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Adopting the Proposed “Code of Ordinances of the City of Burlington, Iowa 2003”
DISCUSSION: The City Manager stated that all changes to the code of ordinances will be approved as an amendment in the final adoption. Council Member King stated that he has received multiple emails from citizens opposed to livestock within the City limits. The Police Chief stated that humane officers or police officers can declare an animal vicious. He stated that animal owners are liable for actions of their animals. He further explained the vicious animal ordinance. He stated that the police department now tracks the specifics on types of animal for calls of service. Council Member King stated that he didn’t feel that banning a specific type of animal was the solution. Mayor Scott reviewed the fines for vicious animals. The Police Chief stated that animal calls were the number one call for service within the City. He stated that he would like to see that number decrease. He stated that the department has been unable to fill the animal control officer position due to budget restraints. Don Harter of 2203 South 4th Street questioned what it would take for an animal to be classified as a vicious animal. The Police Chief stated that only one offense classifies an animal as vicious. Bill Glasgow of 1608 Haskell Street and Don Harter of 2203 South 4th Street spoke in favor of the livestock ordinance being rewritten. Mayor Scott spoke in favor of a strict ordinance and strict enforcement, but not a total ban of livestock in the city limits. Russell Cook of 2901 Irish Ridge Road spoke in favor of letting livestock remain within the city limits. After considerable discussion, the Council voted unanimously to approve the motion for preliminary adoption of the second reading of an ordinance adopting the proposed “Code of Ordinances of the City of Burlington, Iowa 2003”. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) CARRIED
RESOLUTION:
1. Resolution Approving Transit Rate Increase Continued from the May 5, 2003 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:45 p.m. Approved: June 2, 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
RESOLUTIONS:
1. Resolution Approving Final Acceptance and Final Payment for the Snake Alley Retaining Wall/Driveway Reconstruction Project
2. Resolution Approving Nuisance Abatements
SET DATE FOR PUBLIC HEARINGS: June 2, 2003
1. Consideration of $5,000,000.00 General Obligation Sanitary Sewer Loan Agreement
2. Consideration of Budget Amendment for Fiscal Year 2002-2003
3. Consideration of Designation of the Expanded Flint Hills Urban Renewal Area and on Urban Renewal Plan
4. Consideration of Plans and Specifications for Equipment Replacement and Process Improvements at the Burlington Wastewater Treatment Facility
5. Consideration of Plans and Specifications for the 2003 Bock Street and Herblo Drive Reconstruction