Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, (319)753-8124.
MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 15
August 3, 1998
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Henry, Thomas and Wright, present.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: - National Truck Driver Appreciation Week -Jeff Walters
- National Night Out - Billy Kracht
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 listed under Item I., Consent Agenda.
DISCUSSION: The City Manager stated that on the consent agenda there was a Resolution Approving Change Order No. 3 for the Regional Family Recreation Complex in the amount of $21,398.00. He stated that when the bids were received on March 4, 1998 the project included an alternate which would provide for lighting of the combined soccer and softball fields. He stated that the alternate bid price came in at $103,950.00. He stated that it was determined at that time the alternate bid price was too high and funding was not available. He stated that, however, at the time of the award of the contract it was indicated that in order to eliminate the need to tear up the field at a future date the City would negotiate a change order to complete the necessary underground work during the initial conduit construction. He further stated that change orders number 1 and 2 were handled at the staff level which resulted in a net reduction of $1,693.00 for the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Sale of a 9 Foot Wide Strip of City Owned Property on the
West Edge of a City Storm Water Detention Basin Between Sierra Drive and the New
Sports Complex
COMMENTS: The Public Works Director reviewed with Council and the viewing audience the
sale of a 9 feet wide strip of City owned property on the west edge of a City storm water
detention basin between Sierra Drive and the new Sports Complex. He stated that staff has
negotiated the swapping of the 9-foot wide strip of unused City property for a permanent and
temporary, sanitary sewer easements granted to the City by William and Edna Coleman. He
stated that the sewer will serve the Sports Complex as well as the remaining three unserved lots
in the southwest portion of the Flint Hills Business Park. 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 a 9 Foot Wide Strip of City Owned Property on the West
Edge of a City Storm Water Detention Basin Between Sierra Drive and the New Sports
Complex
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
Resolution Approving Permanent Easement 10 Feet in Width for the Purpose of
Maintaining an 8-Inch Sanitary Sewer Extension
DISCUSSION: Council Member Henry stated his appreciation to the Colemans for their cooperation in the swapping of the 9-foot wide strip of unused City property for a permanent and temporary sewer easements. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Chapter 17.16 of the Municipal Zoning Code to Rezone 13.18 Acres, Located Directly
East of the Hy-Vee Food Store #2, 3150 Agency Street from R-1B (One-Family
Residential) to C-2 (General Commercial)
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Amending Chapter 17.16 of the Municipal Zoning Code to Rezone 13.18 Acres, Located Directly East of the Hy-Vee Food Store #2, 3150 Agency Street from R-1B (One-Family Residential) to C-2 (General Commercial) from the first reading. Dale Sullivan of 2424 Burlington Avenue stated his concerns in regard to the rezoning of the entire 13.18 acres. David Bailie, Assistant Vice President of Real Estate for Hy-Vee, stated that Hy-Vee fully intends on being a good neighbor. He asked Council to waive the second reading of the Ordinance. Mayor Scott stated that he could support the Ordinance with the conditions as written. He stated that he had confidence in Hy-Vee that they would be a good neighbor. Council Member Wright stated that he felt good about the conditional zoning. He stated that Hy-Vee was a good corporate citizen. He further stated that he did not want to stifle growth in Burlington. Council Member Edwards and Henry also stated that they felt Hy-Vee would be a good corporate citizen. Council Member Thomas questioned how many new jobs would be created from the expansion of Hy-Vee. He stated that he could understand the concerns of Dale Sullivan to protect his neighborhood, but felt Hy-Vee would continue to work with their neighbors. David Bailie, Assistant Vice President of Real Estate for Hy-Vee, stated that at least 100 jobs would be created. After discussion by the Council it was determined to proceed with all three readings of the Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Preliminary Plat of Deer Pointe Subdivision
DISCUSSION: The Development Director reviewed the preliminary plat of Deer Pointe Subdivision including the five conditions with Council and the viewing audience. He stated that he received a request from Mitch Taylor to subdivide approximately 16.76 acres of land located adjacent to Pheasant Run Subdivision, south between Summer Street and southeast 14th Street into 31 residential lots. He stated that the Plan Commission approved the preliminary plat subject to the five conditions. Mitch Taylor of 2606 Cliffwood stated that Deer Pointe Corporation was owned by himself, Randy Johnson, Tom Sovern, Bob Huppenbauer, and Joey Daly. He stated that his engineer would have to certify to the City that their development would not increase water flow to the residents that live west of the proposed development. Dick Dillon of 6341 Summer Street questioned if the City had a storm water management plan in effect. The Public Works Director stated that the City does not have an actual written plan, but the policy for several years has been that the City requires anyone developing upstream to convince the City that they will not increase the runoff downstream. Vicki Dillon of 6341 Summer Street stated that she hoped the storm water run off would travel east instead of west toward her home. Council Member Edwards stated that he supported the development, but shared the concerns of the neighbors in the affected area. He hoped that the engineering concerns of the neighbors would be handled in proper fashion. Mayor Scott stated that he was glad to see growth of Burlington with the development of the subdivision. 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 Preliminary Plat of Oak Hills Subdivision
DISCUSSION: The Development Director reviewed the preliminary plat of Oak Hills Subdivision with Council and the viewing audience. He stated that the City received a request from Randy Winegard to subdivide approximately 400 acres of land located in Union Township into 67 residential lots surrounded by a golf course. He stated that the subdivision was within the City's two mile subdivision jurisdiction. Jim Fisch, Attorney for Randy Winegard, stated that the Plan Commission unanimously approved the preliminary plat of the subdivision. He stated that the subdivision would need to be approved by the County. Mayor Scott stated that he would like to see 27 foot streets and another access, if it were in the City limits. He stated that it was a good project, and he would not vote against the approval of the plat. Council Member Wright echoed Mayor Scott's comments. Council Member Henry stated that the subdivision was situated far from the future service area of Burlington. 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: None.
Adjournment: 8:35 p.m. Approved: August 17, 1998
Kathleen P. Salisbury Timothy E. Scott
City Clerk, CMC 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, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Change Order for the 1998 ACC Overlay Project
2. Resolution Approving Change Order for the Regional Family Recreation Complex
3. Resolution Awarding Bid for Purchase of Golf Carts
4. Resolution Awarding Bid for Purchase of Fairway Mower
SET DATE FOR PUBLIC HEARINGS: (August 17, 1998)
1. Consideration of Plans and Specifications for the 1998 West Avenue Sewer Extension
2. Consideration of Plans and Specifications for the 1998 Saunderson Heights Sidewalk and
Park Improvements