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. 7
April 3, 2000
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Kellogg and Thomas, present. Council Member Wright was absent.
BURLINGTON CITY COUNCIL
PROCLAMATIONS:
* Sexual Assault Awareness Month - Char Blodgett
* National Teach Children to Save Day - Charlie Walsh
* Independent Community Banking Month - Charlie Walsh
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: Dave Hanrahan of 1709 Oak Street requested the removal of the following Resolutions from the Consent Agenda for discussion at the close of the meeting: Resolution Approving an Economic Development Grant to the Burlington Area Development Corporation and the Resolution Adopting Repayment Schedule of Advances Made to the City of Burlington from the Burlington Area Development Corporation for the Regional Sports Complex.
Mayor Scott reviewed those items listed on the consent agenda to the viewing audience.
(VOTE: 4 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Plans and Specifications for the 1999 CDBG Sewer Project,
Phase III, Division V
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1999
CDBG Sewer Project, Phase III, Division V to the Council and the viewing audience. He stated
that the estimated cost of the project was $78,500.00 with 55% of the cost being paid with local
monies and the balance of the project being paid by CDBG monies. He stated that bids would be
received by the City on April 19, 2000 with the project awarded by Council on May 1, 2000. 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 1999 CDBG Sewer Project, Phase
III, Division V
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
2. Statement: Consideration of Conveying Lot 5, Saunderson Heights Subdivision to
Burlington Housing Partnership
COMMENTS: The Development Director stated that the proposed Resolution conveys corrected
legal description of Lot 5 of Saunderson Heights Subdivision to Burlington Housing Partnership.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution Approving Conveyance of Lot 5, Saunderson Heights Subdivision to
Burlington Housing Partnership
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
3. Statement: Consideration of An Encroachment Agreement for CMM Company, L.C. to
Encroach onto Public Right-of-Way with a Handicap Ramp on the Front of their Building
Located at 123 South Third Street
COMMENTS: The City Planner stated that the City received a request from CMM Company
L.C. to encroach onto public right-of-way with a handicap ramp on the front of their building
located at 123 South Third Street. He stated that the building is being occupied by Planet
Fitness. He stated that the agreement provides for the following conditions: Development
Department review and approval of the ramp, including review of the design, materials, color and
functionality; and approval of said Encroachment Agreement will terminate approved
Encroachment Agreement for the alley right-of-way east of 123 South 3rd Street dated February
22, 2000 between the City and Frank Millard and Company, Inc. He further stated that the
handicap ramp would be similar to the handicap ramp located in front of the Police Station. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving An Encroachment Agreement for CMM Company, L.C. to
Encroach onto Public Right-of-Way with a Handicap Ramp on the Front of their Building
Located at 123 South Third Street
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
RESOLUTIONS:
1. Resolution Approving Preliminary Plat of the Public Works Subdivision
DISCUSSION: The City Planner reviewed the preliminary plat of the Public Works Subdivision with the Council and the viewing audience. He stated that the City was proposing to subdivide approximately 19.7 acres of land in conjunction with Eagle Food Centers, Inc. located north of the corner of the Roosevelt Avenue and Division Street. He stated that the only condition to the plat was as follows: access and signage is permitted for Lot 2 along the frontage road adjacent to Roosevelt, however in the event that Lot 1 and Lot 2 are developed together, or access is gained through Lot 1 to Division Street, access and signage along Roosevelt would be permitted. After discussion by the City Manager and Council it was determined that the condition to the Final Plat should be amended. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
2. Resolution Approving Final Plat of the Public Works Subdivision
DISCUSSION: Council Member Edwards made a motion to amend Condition No. 1 of the final plat of the Public Works Subdivision to read as follows: access and signage is permitted for Lot 2 along the frontage road adjacent to Roosevelt, however in the event that Lot 2 is developed in conjunction with any adjacent Lot, and access is gained through another Lot to Division Street, access and signage along Roosevelt would not be permitted. Council Member Thomas seconded the motion. After roll call vote the motion to amend Condition No. 1 of the Resolution Approving the Final Plat of the Public Works Subdivision was approved with all Council Members in attendance voting aye. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
3. Motion to Amend Condition No. 1 of the Final Plat of the Public Works Subdivision
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
ORDINANCE:
1. Motion for Reconsideration the Preliminary Adoption of the First Reading of An
Ordinance Amending Chapter 8.20 Fire Prevention Code of the Burlington Municipal
Code
DISCUSSION: Mayor Scott made a motion to reconsider the preliminary adoption of the first reading of an Ordinance Amending Chapter 8.20 Fire Prevention Code of the Burlington Municipal Code. Council Member Edwards seconded the motion. After roll call vote, the motion to reconsider was approved with all Council Members in attendance voting aye. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
2. Motion for Preliminary Adoption of the First Reading of An Ordinance Amending
Chapter 8.20 Fire Prevention Code of the Burlington Municipal Code
DISCUSSION: Those who spoke regarding the open burning ban were as follows: Wayne Smith of 1116 Hagemann; Dale Hockett of 134 Greenbrier; Dave Hanrahan of 1708 Oak Street; Odetta Hockett of 134 Greenbrier; Marston Olson of 2921 West Avenue; Roy Gillette of Hunt Road; Eric Dobson of 2225 Mason Road; Mary Baker of 320 South 6th Street; Fred West of 400 Barret; and Cheryl Kendell. Many of those who spoke stated that the burning ban would cause hardship and added cost to elderly individuals and disabled individuals. Wayne Smith of 1116 Hagemann presented Mayor Scott and the Council with a petition with 264 signatures requesting the ability to "open burn" leaves, limbs and yard debris and not be restricted to designated days as proposed by the City Council. The petition was made a part of the official record by the City Clerk. Cheryl Kendell stated that she was in favor of the proposed ban on open burning due to health reasons. Mayor Scott made a motion to amend Section 8.20.020 C. Open Burning of Chapter 8.20 Fire Prevention Code by Adding Exception 5: Leaves. The motion defined leaves; permitted open burning of leaves on Wednesdays and Saturdays between 10 a.m. and 5 p.m. April 1 through April 21 and November 1 through November 30; no permit would be required for leaf burning; and open burning shall not be conducted within 50 feet of any structure or other combustible material; conditions which would case the fire to spread to within 50 feet of a structure shall be eliminated prior to ignition; EXCEPTION: Clearance from structures and other combustible material is allowed to be reduced to not less than 25 feet when the pile size is 3 feet or less in diameter and 2 feet or less in height. Council Member Thomas seconded the motion. After roll call vote on the motion to amend the motion was carried with Mayor Scott and Council Members Thomas and Edwards voting in favor of the motion. Council Member Kellogg voted against the amendment. After roll call vote on the first reading of the proposed Ordinance the motion carried with Council Member Kellogg voting against the first reading of the proposed Ordinance as amended. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" SCOTT, THOMAS, EDWARDS
1 - "NAY" KELLOGG) CARRIED
3. Motion to Amend Section 8.20.020 C. Open burning of Chapter 8.20 Fire Prevention
Code by Adding Exception 5: Leaves
DISCUSSION: None.
(VOTE: 3 - "AYES" SCOTT, THOMAS, EDWARDS
1 - "NAY" KELLOGG) CARRIED
RESOLUTIONS:
1. Resolution Approving and Economic Development Grant to the Burlington Area
Development Corporation
DISCUSSION: The City Manager stated that the proposed Resolution provides that the City of Burlington would agree to grant $105,000.00 to Burlington Area Development Corporation. He stated that the conditions of the grant are as follows: Burlington Area Development Corporation will purchase an additional 40 acres; and final plat two additional lots in the Flint Ridge Business Park within the year 2000. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
2. Resolution Adopting Repayment Schedule of Advances Made to the City of Burlington
from the Burlington Area Development Corporation for the Regional Sports Complex
DISCUSSION: The City Manager stated that the proposed Resolution provides that the City of Burlington will repay $372,000.00 to Burlington Area Development Corporation used for infrastructure costs associated with the Sports Complex. He stated that the payments would be made from incremental revenues. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:33 p.m. Approved: April 17, 2000
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
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contracts for the 2000 Public Works Complex Construction Project
2. Resolution Establishing Sewer User Charges, Refuse Collection Fees and Ambulance
Charges Effective with Bills Rendered on or After July 1, 2000
3. Resolution Establishing A New Fee and Charge Schedule for Septic Haulers
4. Resolution Approving City Funding Within the Scope of Work Associated with the Iowa
Department of Economic Development "Home" Grant 00-HM-201-65 Awarded to
Christian Action Organization to Complete Rehabilitation in Support of Homeownership
Within the City of Burlington
SET DATE FOR PUBLIC HEARING: April 17, 2000
1. Consideration of Proposed Construction of a Central Avenue Overpass of the BNSF
Railroad