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. Boy Scout Troop No. 58 led the City Council in the Pledge of Allegiance.

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 Edwards 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.
(VOTE: 5 - “AYES”) CARRIED

PRESENTATION: Governor’s Traffic Safety Seatbelt Award - Carson Whitlow

DISCUSSION: Carson Whitlow presented the Governor’s Traffic Safety Seatbelt award to Mayor Edwards and the Police Chief for 90% seatbelt compliance by the citizens of Burlington. He stated that 90% was well above the 86% State average. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

HEARINGS:

1. Statement: Consideration of Entering Into a Loan Agreement In a Principal Amount Not to Exceed $1,800,000.00

COMMENTS: The Deputy City Manager stated that the City was entering into a loan agreement in a principal amount not to exceed $1,800,000.00 for an economic development grant to Fun City, LLC for the development of an aquatic center. He stated that the City would receive 50% of the net cash flow from Fun City, LLC. He stated that the City’s annual payment would be approximately $180,000.00 with an estimated interest rate of 5.7%. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution Taking Additional Action and Determining to Enter into A Loan Agreement Not to Exceed $1,800,000.00

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

2. Statement: Consideration of An Ordinance Vacating and Selling 264 Feet of the East West 33 Foot DeKalb Street Right-of-Way, Located Between Cliff Road and Cherry Street

COMMENTS: The City Planner stated that the proposed Ordinance vacates and sells 264 feet of the east west 33 foot DeKalb Street right-of-way, located between Cliff Road and Cherry Street to Jerry Sherwood. He stated that currently the area is unpaved and covered by trees and is a private drive. 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 264 Feet of the East West 33 Foot DeKalb Street Right-of-Way, Located Between Cliff Road and Cherry Street

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

3. Statement: Consideration of Sale of City Owned Property Including Outlot No. 647, Lots No.’s 647-A, 648, 649, 650, 651, 756, 757, 758-A and Parts of Outlot No. 758, All in the Original City of Burlington, Des Moines County, Iowa, locally known as the 6th and Division Street Site

COMMENTS: The City Manager stated that the City was holding a public hearing on the sale of City owned property locally known as the 6th and Division Street site to Tom and Becky Shockley dba/MJTH, L.C. for $500.00. He stated that the property will be used as a neighborhood grocery store. He stated that the closing would take place on or before February 1, 2005. He stated that prior to the closing the existing sewer in current north-south alley will be relocated. The north-south alley which is a part of the over-all tract will be formally vacated by the City Council prior to the closing. He stated that soil studies have been done on the property. He also stated that the Shockelys’ will obtain financing for the construction of the new grocery store. Becky Shockley presented plans of the new grocery store. The City Planner stated that currently the City spends $5,000.00 a year to maintain the property. He stated that the sale of the property will place the property back on the tax rolls. Council Member King thanked the Shockleys’ for building in downtown Burlington. He further stated that the property would be great for a grocery store. Council Member Campbell stated that he was excited about the plans. He further stated that as an hourly employee of the Shockley’s, he will choose to abstain from voting. 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 City Owned Property Including Outlot No. 647, Lots No.’s 647-A, 648, 649, 650, 651, 756, 757, 758-A and Parts of Outlot No. 758, All in the Original City of Burlington, Des Moines County, Iowa, locally known as the 6th and Division Street Site

DISCUSSION: None.
(VOTE: 4 - “AYES” KING, BAKER, EDWARDS, ELL
1 - “ABSTAINED” CAMPBELL) ADOPTED

4. Statement: Consideration of Plans and Specifications for the 2005 West Avenue and West Burlington Avenue Traffic Signalization Project

COMMENTS: The Public Works Director reviewed the plans and specifications for the 2005 West Avenue and West Burlington Avenue Traffic Signalization Project with Council and the viewing audience. He stated that this was the second application submitted by the City for the funding of the project. He stated that the estimated cost of the project was $140,000.00 with the City’s share of $60,000.00 and $80,000.00 in traffic safety funds. He stated that bids would be opened on January 26, 2005 and the project would be awarded by the City Council on February 7, 2005. He stated that the project should be completed by fall 2005. 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 2005 West Avenue and West Burlington Avenue Traffic Signalization Project

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

RESOLUTION:

1. Resolution Approving Final Plat of Stonegate Village Second Addition Subdivision

DISCUSSION: The City Planner stated that the final plat of Stonegate Village Second Addition Subdivision was a 3-lot subdivision with lots one and two developed as one complex and are not intended to be sold as separate lots. He further reviewed the four conditions to 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

COMMENTS FROM AUDIENCE: Gary Szymula of the Des Moines County Nature Trail Association (DMCNTA) gave a presentation of the property trail north of Burlington. He reviewed the following: Why trails; concept of rail trails; who uses trails; why use trails; history of trail planning in Des Moines County; Hoover Trail Group; Hoover Trail funding; results of grants; CNH Property; components; CNH Segment images; current situation; public awareness; research; conclusion and references. He stated that the Des Moines County Nature Trail Association has met with the Statts family regarding their concerns for the trail being located near their back yard as they raise white-tailed deer. Discussion took place regarding the possibility of landscaping/berming so that the noise from the trail will not affect the white-tailed deer. Council Member King stated that he would like to see a flashing warning sign at the curve on Tama Road. Council Member Baker stated that she visited the Statt’s residence and she felt the berm would be a good idea. Mayor Edwards stated that he hoped the DMCNTA would come up with a berm or something that would benefit the Statt’s. Toni Statt stated that if the trail goes by her home she will lose her businesses as well as other nearby business. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 8:20 p.m. Approved: December 20, 2005



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 Final Acceptance, Final Payment and Release of Retention Monies for the 2004 Riverfront Erosion Repairs

2. Resolution to Establish a New Fee Schedule for Flint Hills Municipal Golf Course Effective January 1, 2005

3. Resolution Awarding Contract for the 2004 Division Street Sanitary Sewer Project

4. Resolution Approving Contract with Pentamation for Upgrade of Financial Management Software and Licensing

SET DATE FOR PUBLIC HEARINGS:
1. Consideration of An Ordinance Amending Section 27.02 Membership: Term, 27.03 Vacancies and Section 27.05 Meetings of Chapter 27 Flint Hills Golf Course Advisory Committee of the Burlington Municipal Code (December 20, 2004)

2. Consideration of An Ordinance Amending the Official Zoning Map and Designating a T-1 Mobile Home Planned Development Overlay Zone for 2424 Division Street
(January 3, 2005)