Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk s office at (319)753-8124. MINUTES OF THE PROCEEDINGS OF THE BURLINGTON, IOWA CITY COUNCIL Meeting No. 30 March 18, 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 Davidson, Council Members Anderson, Fleming, McCampbell and Reed 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. Introduced By: McCampbell MOTION: To approve all items listed under Item I., Consent Agenda. DISCUSSION: Mayor Davidson 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. HEARINGS: 1. Statement: Consideration of an Ordinance Amending Sections 17.01.06 Amendments and 17.50.105 Public Hearing Notice of Title 17, Development Program (Zoning Code) of the City of Burlington Municipal Code COMMENTS: The Parks and Development Director reviewed with Council and the viewing audience the proposed Ordinance Amending Sections 17.01.06 Amendments and 17.50.105 Public Hearing Notice of Title 17, Development Program (Zoning Code) of the City of Burlington Municipal Code. He explained that one of the changes would allow for a shorter time frame for publication of hearing notice for zoning issues, which would allow for more flexibility and would not delay zoning applications. He stated that the change would reflect current State Code guidelines. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: McCampbell Introduced By: McCampbell Motion for Preliminary Adoption of the First Reading of an Ordin ance Amending Sections 17.01.06 Amendments and 17.50.105 Public Hearing Notice of Title 17, Development Program (Zoning Code) of the City of Burlington Municipal Code
DISCUSSION: None. 2. Statement: Consideration of a Loan Agreement in a Principal Amount Not t o Exceed $550,000 COMMENTS: The City Manager stated that the purpose of the hearing is to authorize the issuance of debt service payments to pay for a fire truck in the future. He stated that at this time the City was not purchasing a vehicle, but the proposed Resolution would allow the City to borrow money in the future, should it decide to purchase a new fire truck. He also stated that part of the Resolution has the amount of bond payments to be made. The Fire Chief gave a brief history of vehicles purchased by the Fire Department. He stated that he would like to modernize their fleet of vehicles. Council Member McCampbell asked if the City of West Burlington had a similar fire truck. The Fire Chief explained what kind of fire vehicles the City of West Burlington owns. The City Manager stated that the City has mutual aid agreements with surrounding Cities. He further stated that the Council has done the public hearing which allows the City to borrow and the second phase is the next annual sum of $764,000.00, which allows the City to collect taxes. That authorization is needed to make the repayments and is included in the City s budget for the refinancing that t he City will be doing this spring. He stated that the pre-levy authorization has to be filed by the end of the month. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Reed Seconded By: McCampbell Introduced By: Reed Resolution Authorizing Loan Agreements and Providing for the Lev y of Debt Service Taxes DISCUSSION: None. ADOPTED 3. Statement: Consideration of Proposed Ordinance Renewing the City s Gas Franchise Agreement with Interstate Power and Light Company, and Establishing a Gas Franchise Fee Equal to 3% of the Company s Gross Revenues; Including the City s Revenue Purpose Statement for Use of the Franchise Fee Revenues COMMENTS: The Mayor stated that the proposed Ordinance renew s the City s Ga s Franchise Agreement with Interstate Power and Light Company, and Establishing a Gas Franchise Fee Equal to 3% of the Company s Gross Revenues; Including the City s Revenue Purpose Statement for Use of the Franchise Fee Revenues. The City Manager reviewed the proposed Ordinance with Council and the viewing audience. He stated that the City s current Ordinance is much shorter and franchise agreements typically were for 25 years. He explained that the franchise fee can range from 0% up to 5% cap. He stated that the City was adding a franchise fee of 3%, which was part of the City s budget discussion.
Leon Shahan of 1821 Mt. Pleasant Street stated that the two items that need to be addressed by the Council was economic development and the war on drugs. He further stated his concern that the 3% would eventually be raised to 5%. Keith Sherman with Alliant, Centerville, Iowa, stated that more communities were implementing the franchise fee. He stated that Alliant collects the franchise fee from their customer then submits it to the City. Council Member McCampbell stated that during bad weather the City will also pay more on their utility bills. Keith Sherman stated that typically an Alliant customer would pay an additional $12.00 to $13.00 a year for electric and $8.00 to $10.00 a year for gas. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Fleming Introduced By: Fleming Motion for Preliminary Adoption of the First Reading of an Ordin ance Renewing the City s Gas Franchise Agreement with Interstate Power and Light Company, an d Establishing a Gas Franchise Fee Equal to 3% of the Company s Gross Revenues; Including the City s Revenue Purpose Statement for Use of the Franchise Fee Revenues DISCUSSION: Mayor Davidson explained that property owners are already paying 1% on their utility bills, so the franchise fee would be an additional 2%. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. 4. Statement: Consideration of Proposed Ordinance Renewing the City s Ele ctric Franchise Agreement with Interstate Power and Light Company, and Establishing an Electric Franchise Fee Equal to 3% of the Company s Gross Revenues; Including the City s Revenue Purpose Statement for Use of Franchise Fee Revenues COMMENTS: Mayor Davidson stated that the proposed Ordinance Renewing the City s Electric Franchise Agreement with Interstate Power and Light Company, and Establishing an Electric Franchise Fee Equal to 3% of the Company s Gross Revenues; Including the City s Revenue Purpose Statement for Use of Franchise Fee Revenues would be the same discussion as the City s Gas Franchise Agreemen t. The City Manager reviewed with Council and the viewing audience the Revenue Purpose Statement for the Use or Expenditure of both the Gas and Electric Franchise Fee Revenues for the City of Burlington, which lists the purposes for which the franchise fee revenues made be used or expended. He stated that the City would be using the money primarily for the general fund for an offset for public safety expenditures which is $10,000,000.00 of the City s budget. Leon Shahan of 1821 Mt. Pleasant Street stated that $.30 to $.40 of every dollar he pays in property tax goes to economic development. He urged the Council not to increase taxes on low-income people. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Introduced By: Anderson
Introduced By: Andeson Motion for Preliminary Adoption of the First Reading of an Ordin ance Renewing the City s Electric Franchise Agreement with Interstate Power and Light Compan y, and Establishing an Electric Franchise Fee Equal to 3% of the Company s Gross Revenues; Including the City s Revenue Purpose Statement for Use of Franchise Fee Revenues DISCUSSION: The Mayor stated he has often stated that the franchise fee would only be considered by him in lieu of equal reduction in property taxes. He stated that was what the City was doing as without the franchise fee, property taxes would be at the $1.65 or more. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. RESOLUTION: Introduced By: Anderson 1. Resolution Authorizing the Filing of a Loan Application with the State o f Iowa (State Revolving Loan Fund, SRF) for Loan Funds for Planning and Design of Sewer Separation Activities within the Market, Angular, South and Locust (MASL) Sewer System Drainage Basins and Setting Date for Public Hearing for SRF Loan Application Review and Approving an Agreement with the Selected Consultant for Planning and Design, Study and Evaluation of the MASL Sewer Systems DISCUSSION: The City Manager stated that the City was by consent decree required to be in the planning and design of the sewer separation activities with the Market, Angular, South and Locust (MASL) by 2015 and in construction by 2017, with the work completed by 2024. He stated that this phase of the project would be funded with an SRF loan. He explained that the financing rates were 1.75% plus annual fee of.2% for a total of 2%. He stated that the loan would be for 20 years. He stated that they allow you to borrow at the front of the loan for design at a 0% for the first three years for a $1,000,000.00 loan that would be wrapped into a construction loan repayment, with interest when the MASL project is underway. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. ADOPTED COMMENTS FROM AUDIENCE: Kent Strabala of 1423 Agency Street presented Council with a handout of the area where 4-wheeler, jeeps and ATV s were driving in th e ravine by his home, which is on property owned by his neighbor and the City, commonly called King Kong Cage. He stated that it was a noise issue, a nuisance and an environmental nuisance. The Police Chief stated that he would be in contact with the owner of the property and the owners of the property where they are entering. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk. Adjournment: 7:43 p.m. 1, 2013 Approved: April
Kathleen P. Salisbury, MMC dson City Clerk Jim Davi Mayor (See recording 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 Renewal of Taxi Cab/Vehicle for Hire License for Ro byn Canova dba/a2z Taxi & Delivery Service, LLC 2. Resolution Approving Renewal of Taxi Cab/Vehicle for Hire License for De nnis Manes dba/yellow Cab 3. Resolution Approving Renewal of Taxi Cab/Vehicle for Hire License for Jo n Salvador dba/executive Transportation 4. Resolution Establishing a No Parking Zone in the 900 Block of Wellshire and the 3300 Block of Sterling Drive in Their Entirety 5. Resolution Amending Fees for Dankwardt Park Pool 6. Resolution Amending Fees for Environmental Nuisances 7. Resolution Approving City of Burlington, Iowa Travel and Training Polici es SET DATE FOR PUBLIC HEARINGS: APRIL 1, 2013 1. Consideration of an Ordinance Amending Various Sections of Chapter 155, International Building Code of the City of Burlington Municipal Code 2. Consideration of an Ordinance Amending Various Sections of Chapter 156, International Existing Building Code of the City of Burlington Municipal Code 3. Consideration of an Ordinance Amending Various Sections of Chapter 158, Plumbing Code of the City of Burlington Municipal Code 4. Consideration of an Ordinance Amending Various Sections of Chapter 159, Mechanical Code of the City of Burlington Municipal Code 5. Consideration of an Ordinance Amending Various Sections of Chapter 165, Code Inspection Division of the City of Burlington Municipal Code 6. Consideration of an Ordinance Amending Various Sections of Chapter 162, Fire Prevention Code of the City of Burlington Municipal Code