MINUTES OF THE
PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 8
April 19, 2004
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 8
April 19, 2004
The Burlington City Council met in regular session at 7:00 p.m. in the City Hall, Council Chambers with Mayor Edwards, Council Members Baker, Ell, Campbell and King present.
BURLINGTON CITY COUNCIL
Proclamations -
Youth Appreciation Week - Linda Eibes
Arbor Day - Kirt Ormesher
Teach Children To Save Day - Vicki Bredar
Clean Out Your Files Day- Darven Kendell
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 Edwards reviewed the items listed on the consent agenda to the viewing audience. John R. Sandell of 2803 West Avenue requested the removal of the Resolution Approving an Agreement with the Iowa Department of Transportation to Provide for Surface Transportation Program STP Funds for the 2004 South Street HMA Resurfacing Project from the consent agenda for discussion at the end 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
RESOLUTIONS:
1. Resolution Authorizing and Approving A Loan Agreement and Providing for the Sale and Issuance of $3,425,000.00 General Obligation Corporate Purpose Bonds, Series 2004, and Providing for the Levy of Taxes to Pay the Same
DISCUSSION: The Deputy City Manager stated that the City received 12 bids for sale of $3,425,000.00 General Obligation Corporate Purpose Bonds, Series 2004. He stated that the bonds would be used for the following $2,265,000.00 for construction of street, water and sanitary sewer improvements and the acquisition of solid waste disposal equipment and an ambulance and $1,160,000.00 for economic development grants. He stated that representatives from Moody in Chicago, Illinois visited Burlington recently and they were very impressed with the community. He stated that they reconfirmed the City’s A2 rating. Rex Ramsay of Piper Jaffray stated that Banc One Capital Markets, Inc. was the lowest bidder with a true interest cost of $3.605562%. He stated that it was a very successful bid opening. 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 Final Plat of the 5th Addition to Westbrook Estates Subdivision
DISCUSSION: The Development Director reviewed with the Council and the viewing audience the final plat of the 5th Addition to Westbrook Estates Subdivision. He stated that the developer has filed a letter of credit in the amount of $112,000.00 as an acceptable performance security for completion of the improvements associated with the final plat. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) ADOPTED
HEARINGS:
1. Statement: Consideration of Annual Transit Consolidated Funding Application
COMMENTS: The Transit Manager stated that the public hearing on the filing of an application to the Iowa Department of Transportation for Federal and State operating assistance for B.U.S. was a required hearing. He stated that the City was anticipating receiving the following: $100,140.00 in FTA monies with a local match and $110,475.00 in STA monies. He stated that the balance of the estimated operating budget would be from fare boxes and levies. He stated that fiscal year 2002/2003 the bus ridership was 145,367 and the City buses traveled 179,018 miles. He further stated that City transit staff consists of six full time employees and seven part-time employees. He also stated that the grant application provides for the acquisition of a light duty bus to replace the 1991 Ford Startrans unit with more than 257,000 miles. John R. Sandell of 2803 West Avenue suggested the City should provide a voucher system with taxi services in place of the City bus system. The City Manager stated that the City’s bus service provides a good service to those that need to use the bus system. The Deputy City Manager stated that the voucher system could end up costing the City money, than the City’s present system due to the fact the City likely could not receive federal and state monies. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Annual Transit Consolidated Funding Application
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
2. Statement: Consideration of An Ordinance Vacating and Selling the North 30' x 165' Portion of the East-West 80-Foot Wide Court Street Right-of-Way, Adjacent to 4th Street and River Park Place, Original City, City of Burlington, Des Moines County, Iowa
COMMENTS: The Development Director stated that the proposed Ordinance vacates and sells the north 30 feet by 165 feet portion of the east-west 80-foot wide Court Street right-of-way, adjacent to 4th Street and River Park Place. He stated that the vacation was unanimously approved by the City Plan Commission. Council Member King stated that he would like to see a speed bump installed to slow down traffic coming out of the entrance on Court Street. Glen Patton of Ambrose Development stated that at this time he did not feel speed bumps were necessary as those driving trucks would need to slow down and stop before exiting the lot. Peter Harman of 514 West Morningside Drive stated that he hoped to open his restaurant for business the first week in September. He stated that delivery trucks would be backing-in to deliver groceries to his business. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion Approving Preliminary Adoption of the First Reading of An Ordinance Vacating and Selling the North 30' x 165' Portion of the East-West 80-Foot Wide Court Street Right-of-Way, Adjacent to 4th Street and River Park Place, Original City, City of Burlington, Des Moines County, Iowa
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
3. Statement: Consideration of Sale of 1124 Valley Street, City of Burlington
COMMENTS: The Development Director stated that the proposed Resolution provides for the sale of 1124 Valley Street. He stated that the lot was approximately 58 feet by 85 feet and due to the size of the lot, it was not buildable. He stated that the owner on the east has asked to purchase the property for $500.00, which will place the property back on the tax rolls. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Sale of 1124 Valley Street, City of Burlington, Iowa with Conditions
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
4. Public Hearing, Consideration of Plans and Specifications for the 2004 ACC Resurfacing Project
COMMENTS: The Public Works Director reviewed with Council and the viewing audience the plans and specifications for the 2004 ACC Resurfacing Project. He stated that the project would consist of the following: removing old asphalt; repairing pavement sections; spot replacement of curbs; constructing ADA curb ramps and a new 2 ½ inch asphalt surface. He stated the estimated cost of the project was $640,000.00. He stated that the budget available was $653,100.00 with funding coming from local option sales tax monies ($359,000.00) and general obligation bonds ($281,000.00). He stated that the City would receive bids on May 5, 2004 with the City Council awarding the project on May 17, 2004. He further stated that construction would commence the summer of 2004. 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 2004 ACC Resurfacing Project
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
5. Public Hearing, Consideration of Plans and Specifications for the 2004 South Street HMA Resurfacing Project
COMMENTS: The Public Works Director reviewed with Council and the viewing audience the plans and specifications for the 2004 South Street HMA Resurfacing Project (South Street from Summer Street to Main Street). He stated that the project would consist of the following: removing old asphalt; repairing pavement sections; spot replacement of curbs; constructing ADA curb ramps and new 2 ½ inch asphalt surface. He stated that the estimated cost of the project was $392,782.00. He stated that the budget available was $360,000.00 with funding coming from an STP Grant - federal monies distributed to local communities ($272,000.00), general obligation bonds ($68,000.00) and sales tax monies for the ADA ramps ($20,000.00). He stated that the Iowa Department of Transportation would receive bids on June 15, 2004 with the City Council awarding the project on July 6, 2004. He further stated that construction would commence the fall of 2004. John R. Sandell of 2803 West Avenue questioned the status of any sewer work for South Street. The Public Works Director stated that the City has televised the sewer and will do some spot repair work prior to the street resurfacing project. 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 2004 South Street HMA Resurfacing Project
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
RESOLUTION:
1. Resolution Approving An Agreement with the Iowa Department of Transportation to Provide for Surface Transportation Program STP Funds for the 2004 South Street HMA Resurfacing Project
DISCUSSION: John R. Sandell of 2803 West Avenue stated that he had his questions answered during the previous hearing on the 2004 South Street HMA Resurfacing Project. 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: John R. Sandell of 2803 West Avenue stated that he has more junk at his residence than he can get rid of within the required 20 day cleanup time period. After considerable discussion by the City Council the City Manager suggested that the Development Director and John R. Sandell discuss the situation. He cautioned the Council in granting and exceptions or waivers from the 20-day cleanup time period. Pastor Charles Stevens of 1529 Grove, Pastor Starling of 517 South Street and Pastor Cranston of 501 South Garfield felt that homosexuals and lesbians should not be considered a protected class by the City of Burlington. They stated that to allow that kind of lifestyle would only bring condemnation and confusion either to the individual or society as a whole. They stated that if the Council takes the bible out of the big picture then who decides the moral code. Richard Johnson of 1820 Highland stated that it was the right of homosexuals and lesbians to their pursuit of happiness. He stated that they would be coming forward at a later time with a formal petition to pursue happiness withing the City limits of the City of Burlington. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 9:20 p.m. Approved: May 3, 2004
Kathleen P. Salisbury Mike Edwards
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 Demolition/Nuisance Abatements for Various Properties
2. Resolution Approving Outdoor Service Area for Liquor License for the Paddlewheel Lounge, Inc. dba/Paddlewheel Lounge, Inc. for April 25, 2004
3. Resolution Approving Renewal of Taxi Cab/Vehicle for Hire License for Debbie Licano dba/Delivery Express
4. Resolution Establishing Refuse Collection Fees and Ambulance Charges Effective with Bills Rendered on or After July 1, 2004
5. Resolution Approving An Agreement with the Iowa Department of Transportation to Provide for Traffic Safety Improvement Program Funds to Construct Traffic Signals at the Intersection of West Avenue and West Burlington Avenue
6. Resolution Opposing Rate Increase Proposed by Interstate Power and Light Company
7. A Resolution Approving Change Order No. 40 for the 2003 Hawkeye Sewer Separation
Project – Phase III
SET DATE FOR PUBLIC HEARING: MAY 3, 2004
1. Consideration of An Ordinance Amending the Code Ordinances of the City of Burlington, Iowa 2003, By Amending Provisions Pertaining to Municipal Infraction Civil Penalties
2. Consideration of An Encroachment Agreement for An Awning on the Schramms Building located at 218 Jefferson Street and 304 North Third Street
3. Consideration of An Encroachment Agreement for An Awning and Permanent Enclosure for Tim Roberts Attorney at Law Located Just South of the Intersection of Court and East Side of Main Street