Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk s office at (319)

Transcription

1 Subject to change as finalize by the City Clerk. For a final official copy, contact the City Clerk s office at (319) MINUTES OF THE PROCEEDINGS OF THE BURLINGTON, IOWA CITY COUNCIL Meeting No. 32 April 15, 2013 The Burlington City Council met in regular session at 6:30 p.m. in the Thomas J. Smith Council Chambers, City Hall with Mayor Davison, Council Members Fleming, McCampbell an Ree present. Council Member Anerson was absent. BURLINGTON CITY COUNCIL PROCLAMATIONS: Teach Chilren to Save Day - Vicki Brear, C. L. Walsh, Kylie May, Trent on Parks, Noah Emission, Alexanra Martinez, Jamie Brooks-DeSplinter, Catherine Walsh an Narisio Lotegeluaki Clean Out Your Files Day - Darven Kenell Arbor Day - Casey Chawick Earth Day - Eric Tyslan Library Week - Rhona Frevert Day of Prayer - Pastor Sam Fratt Youth Appreciation Week - Jamie Blow CONSENT AGENDA: To the Public: All matters liste uner Item I., Consent Agena, having been iscusse were consiere to be routine by the City Council an were enacte by one motion. There was no separate iscussion of these items. If iscussion was esire, that item was remove from the Consent Agena an was consiere separately. MOTION: To approve all items liste uner Item I., Consent Agena. DISCUSSION: Mayor Davison reviewe the items liste on the consent agena to the viewing auience. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. HEARINGS: 1. Statement: Consieration of an Orinance Vacating an Selling a Portion of the Alley Locate North of the Property Locate at 2400 Kirkwoo Street, Burlington, Iowa COMMENTS: The Parks an Development Director state that the propose Orinance vacates an sells a portion of the alley locate north of the property at 2400 Kirkwoo Street. He state that it was basically a paper alley an there were no public improvements in the area an was currently mowe an maintaine by the two property owners to the south who wish to purchase the vacate property for $1.00 per square foot. All present ha opportunity to speak an nothing

2 aitional was file in the office of the City Clerk. Motion for Preliminary Aoption of the First Reain an Orinance Vac ating an Selling a Portion of the Alley Locate North of the Property Locate at 2400 Kirkwoo Street, Burlington, Iowa 2. Statement: Consieration of an Orinance Vacating an Selling a Portion of the Alley Locate North of the Property Locate at 2112 South 3r Street, Burlington, Iowa COMMENTS: The Parks an Development Director state that the propose Orinance vacates an sells a portion of the alley locate north of the property at 2112 South 3r Street. He state that the alley was locate across from City owne property at 2112 South 3r Street. He state that the City plans on emolishing the home at 2112 South 3r Street through the NSP program an will rebuil a single-family home. He state that the vacation woul allow room for the construction of the home, meeting current City Coes. He state that with the north/south alley being maintaine as an alley, it woul not prohibit any access to the area. Mayor Davison aske the Parks an Development Director to review the type of home that woul be built with the NSP funs. The Parks an Development Director state that the home woul be owner-occupie an woul sell for approximately $100, All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Motion for Preliminary Aoption of the First Reain an Orinance Vac ating an Selling a Portion of the Alley Locate North of the Property Locate at 2112 South 3r Street, Burlington, Iowa 3. Statement: Consieration of Sale of Property Locally Known as 236 South 9th Street, City of Burlington, Des Moines County, Iowa COMMENTS: The Parks an Development Director state that the City was selling the property locally known as 236 South 9th Street, which is locate at the corner of Aetna Street an South 9th Street. He state that the City acquire

3 the abanone property through the Court system. He state that the purchaser of the property woul nee to have an electrician an plumber to verify that the property meets City Coe along with the parking an siewalks up to Coe. Mayor Davison le an auction for the Sale of Property Locally Known as 236 South 9th Street, City of Burlington, Des Moines County, Iowa. Sunshine Builers of 1816 Dehn Street was the high bier at $8, All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Motion to Amen Exhibit C of the Resolution Approving the Sale of Property Locally Known as 236 South 9th Street, City of Burlington, Des Moines County, Iowa that the Property be Sol to Sunshine Builers in the amount of $8, Resolution Approving Sale of Property Locally Known as 236 South 9th Str eet, City of Burlington, Des Moines County, Iowa 4. Statement: Consieration of Sale of Property Locally Known as 1000 South 13th Street, City of Burlington, Des Moines County, Iowa COMMENTS: The Parks an Development Director state that the City was selling the property locally known as 1000 South 13th Street, which is locate at the corner of South 13th Street an Pine Street. He state that the purchaser of the property woul nee to have an electrician an plumber to verify that the property meets City Coe along with the parking an siewalks up to Coe. Mayor Davison le an auction for the Sale of Property Locally Known as 1000 South 13th Street, City of Burlington, Des Moines County, Iowa. Mohamma Nowroozi was the high bier at $6, All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Motion to Amen Exhibit C of the Resolution Approving the Sale of Property Locally Known as 1000 South 13th Street, City of Burlington, Des Moines County, Iowa that the Property be Sol to Mohamma Nowroozi in the amount of $6,000.00

4 Secone By:Ree Resolution Approving Sale of Property Locally Known as 1000 South 13th S treet, City of Burlington, Des Moines County, Iowa 5. Statement: Consieration of Sale of Property Locally Known as 617 Jeffer son Street, City of Burlington, Des Moines County, Iowa COMMENTS: The Parks an Development Director state the City was selling City property at the corner of 7th Street an Jefferson Street, formerly the Daisanna builing. He state that Hope Haven Area Development Center Corporation woul like to purchase the property for the appraise value of $10, for construction of a thrift store. He reviewe with Council an the viewing auience the conitions to the property. He state that the conitions were set after iscussions with Downtown Partners, Inc. an Main Street of Iowa so the newly constructe property meets the character of the owntown. He state that Hope Haven Area Development Center Corporation oes have concern about some of the conitions base as it relates to the cost of the project. He state that Hope Have Area Development Center Corporation may come back once they have a firm cost of their builing an ask the City Council to have the conitions be reevaluate. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Resolution Approving Sale of Property Locally Known as 617 Jefferson Str eet, City of Burlington, Des Moines County, Iowa 6. Statement: Consieration of an Orinance Amening Various Sections of Ch apter 154, Resiential Coe of the City of Burlington Municipal Coe COMMENTS: The Parks an Development Director reviewe with the Council an the viewing auience the propose Orinance Amening Various Sections of Chapter 154, Resiential Coe of the City of Burlington Municipal Coe. He explaine that the City was upating the Resiential Coe from the 2009 eition to the 2012 eition. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Motion for Preliminary Aoption of the First Reain an Orinance Ame ning Various Sections of Chapter 154, Resiential Coe of the City of Burlington

5 Municipal Coe 7. Statement: Consieration of $4,500,000 General Obligation Corporate Purp ose an Refuning Loan Agreement, Series 2013C COMMENTS: The Director of Aministrative Services state that the public hearing was for consieration of $4,500,000 General Obligation Corporate Purpose an Refuning Loan Agreement, Series 2013C. She state that the City was refuning sewer bons that were issue in 2003 for a sewer separation project at that time. She state that they are to be pai off in She state that the reason for refuning was to save interest cost. She state that the City shoul save approximately $60, per year for 10-years, for a total of approximately $600, in savings. Mayor Davison explaine to the viewing auience that refinancing was similar to a person refinancing their home to save interest cost. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Resolution Taking Aitional Action to Enter into a Loan Agreement, Seri es 2013C 8. Statement: Consieration of $1,250,000 General Obligation Refuning Bon s, Series 2013D COMMENTS: The Director of Aministrative Services state that the public hearing was for consieration of $1,250,000 General Obligation Refuning Bons, Series 2013D. She state that this was another refunin bons that will be pai off in fiscal year She state that the City shoul save approximately $10, per year for 4-years, for a total of approximately $40, in savings. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Resolution Taking Aitional Action to Enter into a Loan Agreement, Seri es 2013D

6 ORDINANCES: 1. Motion for Final Aoption of an Orinance Renewing the City s Gas Fran chise Agreement with Interstate Power an Light Company, an Establishing a Gas Franchise Fee Equal to 3% of the Company s Gross Revenues; Incluing the City s Revenue Purpose Statement for Use of the Franchise Fee Revenues DISCUSSION: John Sanell of 917 Willow Avenue state that he woul be presenting a petition with more than 500 signatures calling for a special election on the 3% gas franchise fee after the Orinance has been publishe. He state that the City Council nees to look at other means to balance their buget instea of asking the taxpayers to pay more money. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. (VOTE: 3 - AYES Ree, Davison an Fleming 1 - NAY McCampbell) 2. Motion for Final Aoption of an Orinance Renewing the City s Electric Franchise Agreement with Interstate Power an Light Company, an Establishing an Electric Franchise Fee Equal to 3% of the Company s Gross Revenues; Incluing the City s Revenue Purpose Statement for Use of Franchise Fee Revenues DISCUSSION: John Sanell of 917 Willow Avenue state that he woul be presenting a petition with more than 500 signatures calling for a special election on the 3% electric franchise fee. Council Member Ree explaine to the viewing auience that the 3% franchise fee was only an aitional 2% as property owners alreay pay a 1% local option sales tax fee on their utilities. He state that he was in favor of the franchise fee so the City can move forwar with Cascae Brige an other various capital improvement projects. Council Member Fleming state that he was in favor of the franchise fee. Council Member McCampbell state that he i not like the surprise of it as the fee will be higher in the summer months an col winter months. He state that he woul prefer a higher tax rate an more cuts. Mayor Davison state that he was in favor of the franchise fee. He state that he ha always sai he woul vote in favor of the franchise fee if it woul result in a property tax reuction. He state that the franchise fee woul be less than a $1.50 tax increase. He state that people have control over their utility bill by turning up or own their thermostat. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. (VOTE: 3 - AYES Ree, Davison an Fleming 1 - NAY McCampbell) 3. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amenment to Orinance No. 3220, an Orinance Creating the Sunrise

7 West Planne Unit Development (PUD) Overlay District, By Making Changes to Section 4. Lan Use Requirements DISCUSSION: The Parks an Development Director reviewe with Council an the viewing auience the propose Orinance Amenment to Orinance No. 3220, an Orinance Creating the Sunrise West Planne Unit Development (PUD) Overlay District, By Making Changes to Section 4. Lan Use Requirements. He state that the propose Orinance woul allow multi-family welling units on lot three, at the corner of Mason Roa an Cambrige Drive. He state that Village Cooperative Developments was planning a 35-multi-family evelopment at that location. He further state the Orinance also allows for minor setback requirements for lots in the Maewell Subivision. Shane Wright, Real Estate Equities Development Company from Twin Cities, Minnesota state that they were working with Village Cooperative Developments an was planning a 35-unit multi-family resiential evelopment that will be 100% control an ownership by the buyers age 55 plus. He urge Council to waive the secon reaing an final aopt. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. 4. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amenment to Orinance No. 3220, an Orinance Creating the Sunrise West Planne Unit Development (PUD) Overlay District, By Making Changes to Section 4. Lan Use Requirements 5. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amening Various Sections of Chapter 155, International Builing Coe of the City of Burlington Municipal Coe 6. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amening Various Sections of Chapter 155, International Builing Coe of the City of Burlington Municipal Co e 7. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amening Various Sections of Chapter 156, International Existing Builing Coe of the City of Burlington Municipal Coe

8 8. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amening Various Sections of Chapter 156, International Existing Builing Coe of the City of Burlington Municipal Coe 9. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amening Various Sections of Chapter 158, Plumbing Coe of the City of Burlington Municipal Coe DISCUSSION: Tim Scott of 2017 South 15th Street questione what changes were being mae to Chapter 158, Plumbing Coe of the City of Burlington Municipal Coe. The Coe Inspector state that the City was basically going from the 2009 to the 2012 Unifie Plumbing Coe. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. 10. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amening Various Sections of Chapter 158, Plumbing Coe of the City of Burlington Municipal Coe 11. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amening Various Sections of Chapter 159, Mechanical Coe of the City of Burlington Municipal Coe 12. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amening Various Sections of Chapter 159, Mechanical Coe of the City of Burlington Municipal Coe

9 13. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amening Various Sections of Chapter 165, Coe Inspection Division of the City of Burlington Municipal Coe 14. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amening Various Sections of Chapter 165, Coe Inspection Division of the City of Burlington Municipal Coe 15. Motion to Amen the Motion for Preliminary Aoption of the Secon Reain an Orinance Amening Various Sections of Chapter 162, Fire Prevention Coe of the City of Burlington Municipal Coe 16. Motion for Waiver of Preliminary Consieration an Aoption of the Secon Reaing an for Final Aoption of an Orinance Amening Various Sections of Chapter 162, Fire Prevention Coe of the City of Burlington Municipal Coe RESOLUTIONS: 1. Resolution Approving the Final Plat of Thir Aition to Sunrise West Su bivision DISCUSSION: The Parks an Development Director reviewe with Council an the viewing auience the final plat of the Thir Aition to Sunrise West Subivision. He state that the subivision was locate at the corner of Mason Roa an Cambrige Drive. He state that it was a 2-lot subivision. He state that both lots woul be shifte to the north an woul not create any aitional lots. He state that the final plat was for Village Cooperative an Maewell Subivision. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk.

10 2. Resolution Approving the Final Plat of CDH Subivision DISCUSSION: The Parks an Development Director state that the propose Resolution approves the final plat of CDH Subivision which is locate at the corner of West Avenue an Monticello Drive. He state that it was a 2-lot subivision an both lots woul allow property lines to be shifte. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. 3. Resolution Approving an Amenment to the Agreement with Piper Jaffray to Serve as Dissemination Agent for Seconary Market Disclosure DISCUSSION: The Director of Aministrative Services state that the propose Resolution approves an amenment to the current agreement with Piper Jaffray an Company by aing the new bons (2013A to 2013E Bons) that the City will be boning for next month. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. 4. Resolution Approving Acknowlegment of Disclosure Require for Issuing B ons with Piper Jaffray an Company as the City s Unerwriter DISCUSSION: The Director of Aministrative Services state that the propose Resolution acknowleges the isclosure require by law for issuing bons next month. She state that Piper Jaffray an Company will serve as the City s unerwriter to connect the City with investors that will buy the bons. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. 5. Resolution Authorizing the Filin an Application for Statewie Transportation Alternative Program Funs for Costs Associate with Renovation of the Burlington Depot DISCUSSION: Zach James with the Southeast Iowa Regional Planning Commission state that the propose Resolution provies for the filin an application for the Statewie Transportation Alternative Program funs for costs associate with renovation of the Burlington Depot. He state that the grant woul be for $500,000.00, of which the City woul nee to provie a 20% match or $100, He explaine how the City plans to come up with the $100, towar the project. He further state that the funs woul be use for the interior of the epot an the roof. Council Member McCampbell state that he was concerne with flooin the epot. Zach James state that Friens of the Depot were working

11 on funraising efforts for a floo wall at the cost of approximately $50, All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. COMMENTS FROM AUDIENCE: Barbara Kissinger state that she was representing senior citizens of Burlington, because of their outrageous water bills. She suggeste to the Council that starting with senior citizens, then single homeowners followe by isable homeowners be allowe to have water meters. She state that young families o not pay attention to what is going on in Burlington. Mayor Davison thanke Barbara Kissinger for speaking, but there was nothing that Council coul say that has alreay not been sai. Carolyn Marshall of 1415 Iowa Street presente the Mayor an Council with a copy of her basic work scheule for riing the BUS. She urge the Council to not combine BUS with SEI Bus. She state that she was willing to pay more to rie a City bus. She further state that the working class single people also nee afforable apartments. Tim Scott of 2017 South 15th Street state that Barbara Kissinger mae a goo point. He urge Council to write a letter to the EPA an tell them that enough was enough as sewer rates have ouble an that the City cannot affor the sewer separation project. He urge Council to give citizens the option of paying their water bill monthly verses quarterly. He also urge the Council to hol off selling Flint Hills Manor as it was prime real estate. He state that times will get better an the property shoul not be use for resiential. He also state that siewalks still have not been constructe at Mason Meaows Subivision. He state that a certificate of occupancy shoul not have been given until the siewalks were constructe. Council Member Ree state that he agree that it woul be nice to have monthly billing on the water bill or to be able to pay the water bill online. Council Member McCampbell state that he has always felt the City shoul be able to tell the EPA that the City has been cooperative, but it now nees more time to separate the sewers. He state that he i not like being strong arme by the EPA. Barbara Kissinger state that water meters woul help senior citizens more than monthly billing. All present ha opportunity to speak an nothing aitional was file in the office of the City Clerk. Ajournment 8:09 p.m. Approve: May 6, 2013 Kathleen P. Salisbury, MMC son City Clerk Jim Davi Mayor (See recoring on file in the office of the City Clerk for complete iscussion an ocumentation.)

12 ITEM I. Consent Agena FINANCES AND MISCELLANEOUS Minutes of Previous Meetings Payroll an City Claims BEER, LIQUOR, WINE AND CIGARETTES REPORTS AND BONDS RESOLUTIONS: 1. Resolution Approving Nuisance Abatements for Various Properties 2. Resolution Approving Lease Agreement for the Home at 1720 Dill Street SET DATE FOR PUBLIC HEARINGS: 1. Consieration of General Obligation Essential Corporate Purpose an Gene ral Corporate Purpose Loan Agreements an Authorizing Use of a Preliminary Official Statement in Connection with the Sale of Taxable General Obligation Corporate Purpose an Refuning Bons, Series 2013A (April 29, 2013) 2. Consieration of an Orinance Amening Various Sections of Chapter 166, Construction Boar of Appeals of the City of Burlington Municipal Coe (May 6, 2 013) 3. Consieration of Greater Burlington Bicycle an Peestrian Plan (May 6, 2013) 4. Consieration of Plans an Specifications for the 2013 Bluff Roa Reconstruction, RISE Grant (May 6, 2013)