The Burlington City Council met in regular session at 7:00 p.m. in the Thomas J.

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1 MINUTES OF THE PROCEEDINGS OF THE BURLINGTON, IOWA CITY COUNCIL Meeting No. 10 May 19, 2008 The Burlington City Council met in regular session at 7:00 p.m. in the Thomas J. Smith Council Chambers, City Hall with Mayor Ell, Council Members Davidson, Murray, Scott and Thomas 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 no 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 Ell reviewed the items listed on the consent agenda to the viewing audience. Council Member Murray announced those individuals appointed to various City commissions and boards. All present had opportunity to speak and HEARINGS: 1. Statement: Consideration of Amending the Boundaries of the Urban Renewal Plan for the Neighborhood Development Program Urban Renewal Area in the City of Burlington, Des Moines County, Iowa COMMENTS: The Development Director stated that the proposed Resolution amends the boundaries of the Urban Renewal Plan for the Neighborhood Development Program Urban Renewal Area that will now include portions of the Dresser Rand building that the City will soon own. He further reviewed the existing area and the boundaries of the proposed area. All present had opportunity to speak and Resolution Approving Amended Boundaries of the Urban Renewal Plan for the Neighborhood Development Program Urban Renewal Area in the City of Burlington, Des Moines County, Iowa 2. Statement: Consideration of an Ordinance Amending Ordinance No. 3129, Creating the Diewold Plaza Planned Unit Development (PUD) COMMENTS: The Development Director stated that Fareway Store has requested an amendment to the Diewold Plaza Planned Unit Development that would allow for

2 them to place a 40 foot. sign. He stated that the City Plan Commission voted four to zero in favor of amending the PUD. He further stated that a 40 foot sign would not affect the airport glide path. Kevin McCormick of 1607 Navajo presented a picture of the proposed 40 foot sign and the location. He stated that Fareway wanted their business to be seen from Highway 61. Council Member Scott stated that the trend was higher and bigger signs on Roosevelt Avenue. Discussion took place regarding a two-tier system. Council Member Davidson stated that he would not be in favor of a two-tier system. Mayor Ell stated that a two-tier system made sense to him. Council Member Thomas also stated that a two-tier system would work. Council Member Murray questioned what other communities were doing with signs. The Development Director stated that use of signs varies from community to community. He stated that some communities only allow monuments. The City Manager stated that this was the first reading of the Ordinance and they could amend the Ordinance at their second or final readings. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Seconded By: Davidson Motion for Preliminary Adoption of the First Reading of an Ordinance Amending Ordinance No. 3129, Creating the Diewold Plaza Planned Unit Development (PUD) 3. Statement: Consideration of an Ordinance Rezoning the Property Located at 1501 Osborn Street from R-3 (Two-Family Residential) to C-1 (Limited Commercial Zoning District) COMMENTS: The City Manager stated that the proposed Ordinance would rezone 1501 Osborn Street from R-3 (Two-Family Residential) to C-1 (Limited Commercial Zoning District). He stated that the properties to the north, south and east were already zoned C-1 (Limited Commercial Zoning District.) The Development Director stated that the property has been a barber shop for many years and was presently a non-conforming use. All present had opportunity to speak and Introduced By: Davidson Seconded By: Murray Introduced By: Davidson Motion for Preliminary Adoption of the First Reading of an Ordinance Rezoning the Property Located at 1501 Osborn Street from R-3 (Two-Family Residential) to C-1 (Limited Commercial Zoning District) 4. Statement: Consideration of Budget Amendment for Fiscal Year COMMENTS: The City Manager stated that amendment no. 1 to the fiscal year budget will increase expenditures by the amount of $2,292, He stated that he amended the various function areas to assure sufficient budget authority. He stated that the amendment included the following: increase of utility costs, fuel costs, overtime in police and fire, an increase in snow removal cost, receipt and disbursement of grant funds for economic development

3 purposes to CNH and Dresser Rand. He stated that it also reflects the sale of $3,350, of General Obligation Bonds from the fall of 2007 and payment of interest on that debt. He further stated that the total amended budget is now $38,799, Council Member Thomas asked what the City was doing to lower its utility and fuel costs. The City Manager stated that two years ago the City had Alliant Energy do a presentation for all City employees on how to lower utility/fuel costs. He stated that the price of gas and diesel fuel has jumped significantly. Council Member Thomas stated that he serves on a Renewable Energy Committee and they are discussing various types of energy and the use of electric cars. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Davidson Introduced By: Davidson Seconded By: Murray Resolution Approving Budget Amendment for Fiscal Year ORDINANCE: 1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of an Ordinance Vacating a Portion of a 20-Foot Wide Sanitary Sewer Easement Located in the Northwest Corner of Lot 1 of Hy-Vee First Addition Subdivision, City of Burlington, Des Moines County, Iowa DISCUSSION: The City Manager stated that there were no changes to the Ordinance Vacating a Portion of a 20-Foot Wide Sanitary Sewer Easement Located in the Northwest Corner of Lot 1 of Hy-Vee First Addition Subdivision, City of Burlington, Des Moines County, Iowa from the first reading. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. 2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of an Ordinance Vacating a Portion of a 20-Foot Wide Sanitary Sewer Easement Located in the Northwest Corner of Lot 1 of Hy-Vee First Addition Subdivision, City of Burlington, Des Moines County, Iowa RESOLUTIONS: Seconded By: Davidson 1. Resolution Approving a Policy to Provide for the Resealcoating of Certain Streets Within the City of Burlington DISCUSSION: The City Manager stated that in the 1980s the City undertook a special assessment program to upgrade sealcoated streets at the adjoining property owners expense. He stated that several streets were left out of the program at the adjoining property owner s request. He stated that property owners on some of those streets have now requested that their streets be resealcoated. He stated that the proposed Resolution provides for a policy for resealcoating of those streets within the City of Burlington. He stated that a

4 petition to the City Council with 75% of the property owners requesting their street to be resealcoated at the adjoining property owner s expense during the City s annual sealcoating project. He stated that the policy would be good until He further stated that in the event there is no access to the property owner s residence from an existing improved street within the City an d an alley is the sole means of public access to the residence, the alley may be resealcoated under the same terms of the program. Council Member Scott asked if streets could be added or the date of the policy be extended. The City Manager stated that the City Council could amend the list and the policy ending date. The Public Works Director stated that his office would be sending notices to the property owners notifying them of the policy. Council Member Murray suggested that the information be placed on the City s web page. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. 2. Resolution of the City of Burlington, Iowa Authorizing the City Council to Execute Applications and Agreements Related to State and Local Programs to Assist CNH America LLC in the Expansion of Their Burlington, Iowa Plant DISCUSSION: The City Manager stated that the proposed Resolution authorizes the City Council to execute applications and agreements related to State and Local programs to assist CNH America LLC in the expansion of their Burlington Plant. He stated that 166 new jobs would be created. He stated that CNH was seeking $1,200, from the State Enterprise Zone Investment Tax Credit Program, $350, in Targeted Jobs Withholding funds, $50, from Des Moines County and $100, from the City in forgivable loans through the sales tax economic development fund. The funds being requested are part of an anticipated $12,000, capital investment and the creation of the 166 new jobs. Jason Hutcheson, Executive Director of Grow Greater Burlington, stated that CNH would be creating 166 jobs at their Burlington plant. Robert Ciecko, General Plant Manager for CNH, stated that Iowa was the no. 1 corn producer and approximately 30% of their building is available for the added production. He stated that the same equipment that will be reproduced is now being produced in Canada. Leon Shahan of 1821 Mt. Pleasant Street stated that he was not opposed to new business, but more and more monies were being devoted to TIF. Council Member Davidson explained to Leon Shahan that this would not expand the TIF district. The Mayor and the City Council praised CNH and Robert Ciecko for bringing in more production and jobs to the Burlington plant. Robert Ciecko gave the credit to the employees for the idea of adding a new agricultural product line. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. 3. Resolution Approving Plans and Specifications for the 2008 Hayes Court Reconstruction Project Tabled from the May 5, 2008 City Council Meeting DISCUSSION: The City Manager stated that the 2008 Hayes Court Reconstruction Project was tabled from the May 5, 2008 City Council Meeting to allow property owners time to petition the City to repave Hayes Court to its present width of 31 feet and assessing the additional cost between a 27 foot wide and a 31 foot

5 wide street to the abutting property owners. Charlene Waddell of 102 Hayes Court stated that all property owners but one has signed the petition. The Public Works Director stated that if all the property owners would sign the petition then the notices would be waived which would speed up the assessment process. He stated that the City would receive bids for the project either in late June or late July depending upon if the last property owner signs the petition. After considerable discussion, a motion was made to table the Resolution to the June 2, 2008 City Council Meeting. All present had opportunity to speak and 4. Motion That the Resolution Approving Plans and Specifications for the 2008 Hayes Court Reconstruction Project, be tabled to the June 2, 2008 City Council Meeting Seconded By: Davidson 5. Resolution Awarding Contract for the 2008 Perkins Park Restroom Project DISCUSSION: The City Manager stated that four bids were received for the 2008 Perkins Park Restroom Project with the low bid coming in at $124, He stated that the architect s estimate was $160, He stated that the project would be funded by Starker Trust funds. Council Member Thomas stated that he would be voting against the project due to the high cost. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. (VOTE: 4 - AYES - ELL, MURRAY, SCOTT & DAVIDSON 1- NAY - THOMAS) 6. Resolution Awarding Contract for the 2007 Hawkeye Sewer Separation, Phase IV, Equalization Tanks DISCUSSION: The City Manager stated that the City was under an order by the Department of Natural Resources to award the contract for the 2007 Hawkeye Sewer Separation, Phase IV, Equalization Tanks by June 1, He stated that the proposed Resolution awards the project to the low bidder for the base work plus alternate two to clean approximately 150 cubic yards of rock and debris from within the Gunnison box sewer. He stated that the project would be funded through a low interest loan through the State s Revolving Fund. Mayor Ell stated that the City was being mandated by the State to fund the project. David Hayes of Des Moines County questioned how many square miles of the City did Hawkeye Sewer handle. The Public Works Director stated that Hawkeye Sewer covers 2/3 of the City. He clarified that the proposed tanks are for the Hawkeye Sanitary Sewer system, not the Hawkeye Storm Sewer system. The Hawkeye Sanitary Sewer system was designed to convey sewage and any ground water that infiltrates into the sanitary sewer system. The increase in flow in the sanitary sewer system during a rainstorm is due to the age of some of the pipes into the sanitary sewer system. All present had opportunity to speak and (VOTE: 4 - AYES ELL, MURRAY, THOMAS & DAVIDSON 1- NAY SCOTT)

6 7. Resolution to Proceed with Phase II for an Indoor Facility at the RecPlex DISCUSSION: The City Manager stated that a Phase I Study was provided by Pinnacle Indoor Sports LLC for the feasibility of an indoor sports facility at the RecPlex. He stated that the report indicated that an indoor facility can pay for the operation of the facility, but not the construction cost. He stated that Phase II would provide for a three-year pro forma, facility layout and construction costs for an indoor sports facility. He stated that Grow Greater Burlington has pledge funding for the study. All present had opportunity to speak and Introduced By: Davidson 8. Resolution Establishing a New Fee and Charge Schedule for Septic Haulers Tabled from the May 5, 2008 Council Meeting DISCUSSION: The City Manager stated that there were no changes to the Resolution Establishing a New Fee and Charge Schedule for Septic Haulers tabled from the May 5, 2008 City Council Meeting. Council Member Scott stated that the proposed schedule provides an increase of 52% for grease traps and 82% increase for septic haulers. Council Member Thomas stated that he would be voting against the proposed Resolution as he wanted to be fiscally responsible as fees are too high. Council Member Davidson stated that he would be in favor a phase-in over a three-year period. Mayor Ell echoed Council Member Davidson s comment in regard to a phase-in over a three-year period. Council Member Scott stated that everything was subsidized. He questioned why fees were increasing and the City wasn t looking at other options or finding ways to do it less expensive. He stated that he would not support this type of increase. Council Member Murray stated that he had an opportunity to speak with local business managers and they were not overly concerned with the increase. He stated that the managers understand there is a cost for doing business. All present had opportunity to speak and (VOTE: 1 - AYE MURRAY 4 - NAYS ELL, SCOTT, THOMAS & DAVIDSON) FAILED COMMENTS FROM AUDIENCE: None. Adjournment: 9:03 p.m. Approved: June 2, 2008 Kathleen P. Salisbury, MMC City Clerk William L. Ell 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

7 REPORTS AND BONDS RESOLUTIONS: 1. Resolution Approving Temporary Transfer of Liquor License for Klein and Kompany, Inc. dba/farney s on Jefferson for Bike Criterium Event on May 24, Resolution Approving Demolition/Nuisance Abatements for Various Properties 3. Resolution Approving Audit Services Agreement for Fiscal Year with Eide Bailly, LLP SET DATE FOR PUBLIC HEARINGS: JUNE 2, Issuance of General Obligation Street Improvement and Refunding Bonds and on General Obligation Economic Development Bonds APPOINTMENTS: Zoning Board of Adjustment - Heather Richie City Planning Commission - Thomas Buckman