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:
* Red Ribbon Week - Devin Blint and Stacy Brown
* Character Counts Week - Diane Dietzman & Geane Cleland
* Business Women’s Week - Julie Chubb

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 Amendment No. 1 to Fiscal Year 2003-2004 Budget

COMMENTS: The Deputy City Manager stated that the Council would be approving amendment No. 1 to the fiscal year 2003-2004 budget.  He stated that the amendment included the receipt from the State of Iowa of $480,000.00 of CEBA funds and subsequent disbursement to Alfagomma, disbursement of $100,000.00 of incentive money to Grow Greater Burlington as part of the Alfagomma deal and expenditure of $4,930.00 in FEMA dollars for library roof repair.  He further stated that the total amendment came to $584,930.00 for a total amended budget of $41,888,581.00.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

    Motion to Close                        CARRIED

    Resolution Approving Amendment No. 1 to Fiscal Year 2003-2004 Budget

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

2.    Statement:  Consideration of An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, by Amending Provisions Pertaining to Hotel/Motel Tax

COMMENTS: The City Manager stated that the proposed Ordinance Amending Provisions Pertaining to Hotel/Motel Tax changes the term “gross receipts” to “sales price” per 2003 legislative changes.  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 Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, by Amending Provisions Pertaining to Hotel/Motel Tax

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED
    
3.    Statement:  Consideration of An Ordinance Vacating and Selling the North-South 270 Feet of the 66 Foot Wide Street Right-of-Way, Adjacent to Blocks 28 and 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

COMMENTS: The City Planner stated that the proposed Ordinance vacates and sells the north-south 270 feet of the 66-foot wide street right-of-way, adjacent to blocks 28 and 37 of Baumberger Subdivision. He stated that the vacated right-of-way will be sold to three property owners.  He further stated that the following hearing vacates and sells the north-south 270 feet of the 16-foot wide alley right-of–way, located between Cliff Road and Cherry Street in block 37 of Baumberger Subdivision to Jerry Sherwood.   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 the North-South 270 Feet of the 66 Foot Wide Street Right-of-Way, Adjacent to Blocks 28 and 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

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

4.    Statement:  Consideration of An Ordinance Vacating and Selling the North-South 270 Feet of the 16 Foot Wide Alley Right-of-Way, Located between Cliff Road and Cherry Street, in Block 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

COMMENTS: The Mayor stated that the hearing was previously discussed with the street right-of-way vacation (hearing no. 3).  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 the North-South 270 Feet of the 16 Foot Wide Alley Right-of-Way, Located between Cliff Road and Cherry Street, in Block 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

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

5.    Statement:  Consideration of An Ordinance Amending Chapter 65 Animal Protection and Control of the Burlington Municipal Code

COMMENTS:  The Police Major reviewed the proposed changes to the Ordinance amending Chapter 65 Animal Protection and Control.  Changes included the following: removed the option of voice command from the definition section thus requiring the animal to be confined or on a leash while off property; added definition for a vicious animal; removed C-3 Central Business District and the C-2 General Commercial Area to cover the entire City regarding animals at large, which will require pet owners to contain their pets by leash or confinement, if it does not meet one of the written exceptions; added language to cover abused or neglected animals; added language that states “It shall be unlawful for any person to keep or maintain any animal that is vicious”; added procedure for declaring an animal vicious; added the procedure for destruction once an animal is found to be vicious; and other minor verbiage changes.  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 Amending Chapter 65 Animal Protection and Control of the Burlington Municipal Code

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

RESOLUTIONS:

1.    Resolution Amending Resolution No. 98-345 Approving the Final Plat of Binder Subdivision, City of Burlington, Des Moines County, Iowa

DISCUSSION: The City Planner stated that the proposed Resolution amends Resolution No. 98-345 approving the final plat of Binder Subdivision. He stated that the City Council previously required the establishment of a drainage easement on lot one of Binder Subdivision.  He stated that the property owner has made improvements to the property which will remove 20 to 30 feet of the easement and will now allow the property owner to build a new home.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”)                            ADOPTED

2.    Resolution Approving Private Redevelopment Agreement with Burlington Area Hospitality Group, LLC

DISCUSSION: The City Manager stated that the proposed Resolution provides for the approval of a private redevelopment agreement with Burlington Area Hospitality Group, LLC to build a hotel with family recreation center, conference center and restaurant.  He stated that the property would be located south of Cycle Speciality on Highway 61.  He stated that the estimated cost of the project was $6,900,000.00.  He stated that the developer agrees to the following:  that the minimum improvements will be substantially completed by June 1, 2004; maintain an average of at least six full-time employment units; the project shall have a minimum assessed value of $6,500,000.00 and that the minimum assessment will become effective for property tax purposes on January 1, 2004; the City shall make to the developer an Economic Development Grant of $975,000.00 in the form of TIF funds for the construction of the hotel project with the grant to be paid at completion of the project from proceeds of the sale of bonds by the City.  He stated that the agreement will terminate and be of no further force or effect on and after January 1, 2014.  He further stated that the developer has agreed to use as many local contractors and supplies as possible and will provide the City a list upon completion of the project.  Ryan Gamble, Managing Member of Badger Midwest Holdings, reviewed the site plan with Council and the viewing audience.  He stated that their marketing study concluded that Burlington misses out on many State conferences due too not having a conference facility.  Pete Jordan, of Cambridge Hospitality also reviewed the plans for the project.  He stated that they were presently in negotiations with a restaurant that will provide casual yet sophisticated dining for individuals and families with responsible pricing.  He stated that the grant was needed to build the hotel and facility.  He further stated that without the City’s assistance of TIF funding the project cannot be accomplished.  Dave Walker of 708 Terrace Drive stated that he was excited about the project, but felt it was hard to believe that a $6,500,000.00 project could not be built without the grant of $975,000.00 of TIF funding.  Bob Patel, owner of several hotels in Burlington, stated that the project was nice, but if the project was so good, why can’t it stand on it’s own feet.  He further stated that he was not against competition, but would like the same fair play.  Stan Russell of 622 South 12th Street hoped that the hotel would provide a good restaurant with good prices.  Council Member Baker stated that she could understand how other hotel owners would be upset if they asked for help from previous Councils and did not receive any help.  Council Member Edwards stated that he was glad that the developer was building in Burlington and not building west of Burlington.  He further stated that many hotels and motels in Burlington will be occupied if, Burlington was a State convention site.  Council Member King stated that the project was a win-win for all.  Mayor Scott stated that the present Council is very pro-business and a hotel conference site was very much needed in Burlington to bring conventions and conferences to Burlington.  He also stated that there were many times when there are not enough hotel/motel rooms available in Burlington.  He further read a letter from Deanna Ralston Louden of 2800 Division Street urging the City to allow the TIF break to bring the developer to Burlington.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - “AYES” KELLOGG, EDWARDS, SCOTT, KING
1 - “NAY” BAKER)                                ADOPTED

COMMENTS FROM AUDIENCE: None.

Adjournment: 8:10 p.m.                        Approved: November 3, 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 of Support for the Great American Main Street Awards Competition

2.    Resolution Approving Agreement with the Iowa Department of Transportation for Funding of a Planting Project Along US 34

SET DATE FOR PUBLIC HEARINGS: NOVEMBER 3, 2003

1.    Consideration of An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa 2003, By Amending Provisions Pertaining to Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00)

2.    Consideration of An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, By Amending Provisions Pertaining to Municipal Infraction Civil Penalties