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. 21

November 6, 2000

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Edwards, Kellogg, Thomas and Wehrle present.

BURLINGTON CITY COUNCIL

PROCLAMATION: ALPHA DELTA KAPPA - JEANETTE MCWHORTER

PRESENTATION OF CERTIFICATES OF GRADUATION FROM CITIZEN POLICE ACADEMY

DISCUSSION: Lt. Bell presented the following citizens with certificates of graduation from the Citizen Police Academy: Karen Clay; Kevin Glendening; Mindy Haas; Robert Holewinski; Steve Martin; Theresa Ritters; Shirley Self; Ray Toal and Bessie Weak. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

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: Mayor Scott reviewed the items listed on the consent agenda to the viewing audience. Council Member Thomas announced those individuals appointed to various City commissions and boards. Council Member Edwards requested the removal of the Resolution Awarding Purchase of Boat, Motor and Trailer for the Burlington Police Department from the consent agenda for discussion at the close of the meeting. 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 Vineyard Street Right-of-Way Between Adjacent Lot 14, Block 2, and Lot 8, Block 3, First Addition to Scotten Place Subdivision

COMMENTS: The City Planner stated that the hearings on the sale of Vineyard and Cottonwood Court were vacated five years ago and needed to be sold and transferred to Winegard Realty. 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 Vineyard Street Right-of-Way Between Adjacent Lot 14, Block 2, and Lot 8, Block 3, First Addition to Scotten Place Subdivision

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

2. Statement: Consideration of Sale of Cottonwood Court Right-of-Way Between the South Line of Vineyard Street and the North Line of Kirkwood Street

COMMENTS: None.

Motion to Close CARRIED

Resolution Approving Sale of Cottonwood Court Right-of-Way Between the South Line of Vineyard Street and the North Line of Kirkwood Street

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

3. Statement: Consideration of An Ordinance Vacating a Portion of Street Right-of-Way Adjacent to Lot 10 P. Chalfant's Addition, Located on the Northeast Corner of the Intersection of Chalfant Street and Mt. Pleasant Street

COMMENTS: The City Planner stated that the proposed Ordinance vacates a portion of street right-of-way adjacent to Lot 10 of P. Chalfant's Addition, located on the northeast corner of the intersection of Chalfant Street and Mt. Pleasant Street. He stated that Roederer's Tavern, the petitioner, plans to expand their business by upgrading their kitchen and restroom facilities. He stated that the vacation was needed to make the improvements to their business. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Motion for Preliminary Adoption of the First Reading of An Ordinance Vacating a Portion of Street Right-of-Way Adjacent to Lot 10 P. Chalfant's Addition, Located on the Northeast Corner of the Intersection of Chalfant Street and Mt. Pleasant Street

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

4. Statement: Consideration of A Resolution Authorizing an Encroachment Agreement Upon Public Street Right-of-Way with Burlington Gymnastics Society for Construction of a Handicap Ramp located at 129 South 4th Street

COMMENTS: The City Planner stated that the proposed Resolution provides for an encroachment agreement upon public street right-of-way with Burlington Gymnastic Society for construction of a handicap ramp located at their business address of 129 South 4th Street. He stated that Burlington Gymnastic Society had a building permit and has already built the ramp. He stated that the encroachment agreement would authorize the placement of the ramp. He stated that the Burlington Gymnastic Society would still have to submit their plans for the ramp. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution Authorizing an Encroachment Agreement Upon Public Street Right-of-Way with Burlington Gymnastics Society for Construction of a Handicap Ramp located at 129 South 4th Street

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

ORDINANCE:

1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the Ordinance by Waiving the Second Reading and Final Adopting the Ordinance Prohibiting the Construction of Wells within the City Limits for Use as a Potable Water Source

DISCUSSION: The City Manager stated that there were no changes to the Ordinance Prohibiting the Construction of Wells within the City Limits for Use as a Potable Water Source. Council Member Kellogg made a motion to waive the second reading of the proposed Ordinance and final adopt the Ordinance. Council Member Thomas seconded the motion. After roll call vote the motion to amend was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance: An Ordinance Prohibiting the Construction of Wells within the City Limits for Use as a Potable Water Source

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

RESOLUTION:

1. Resolution Awarding Purchase of Boat, Motor and Trailer for the Burlington Police Department

DISCUSSION: The City Manager stated that the proposed Resolution provides for the purchase of a boat, motor and trailer for the Burlington Police Department with monies the City received from a block grant. Major Luttenegger stated that the City was awarded a three-part block grant on September 30, 1999. He stated that the monies would be used to purchase a boat, motor and trailer for the Police Department. He stated that the grant would also provide for overtime at the Police Department for the next two years. He stated that it was the goal of the Police Department to have someone always on duty that would be trained to drive the boat in an emergency. The Fire Chief submitted to the Council a letter of endorsement for the purchase of the boat, motor and trailer for the Burlington Police Department. He stated that the goal of the Fire Department was to be able to send a paramedic on the boat to help any individuals with trauma related injuries or to help those with heart attacks or strokes. Many of the Council Members stated that they had received negative comments from citizens in regard to purchasing the boat. After considerable discussion by the Council, Mayor Scott made a motion to continue the approval of the Resolution to the November 20, 2000 City Council Meeting. Mayor Scott stated that by continuing the Resolution it would allow the news media to present the issue in a positive format to the citizens of Burlington. Council Member Edwards seconded the motion. After roll call vote the motion to continue was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

2. Motion that the Resolution Awarding Purchase of Boat, Motor and Trailer for the Burlington Police Department, be continued to the November 20, 2000 City Council Meeting.

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

COMMENTS FROM AUDIENCE: None.

Adjournment: 7:50 p.m. Approved: November 20, 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

NUISANCE ABATEMENTS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Purchase of One-Ton Chassis Cab Truck for the Parks Department

2. Resolution Approving Purchase of A Used 1999 Ford F-150 Pickup Truck for the Parks Department

3. Resolution to Establish A New Fee Schedule for Park Shelter Reservations

4. Resolution Approving Agreement between the City of Burlington and the Modal Division of the Iowa Department of Transportation for Iowa Rail Assistance Project for Burlington Junction Railway

5. Resolution Approving Contract with Environmental Management Services of Iowa, Inc. for Removal of Asbestos Materials Prior to the Demolition of Buildings Currently Located in the Proposed Right-of-Way for the Central Avenue Overpass Project

SET DATE FOR PUBLIC HEARINGS: November 20, 2000

1. Consideration of A Terminable Encroachment Agreement between the City of Burlington and Robert A. and Virginia B. Weaver for Purposes of Road Construction, Public Ingress and Egress and Sewer or Other Utility Construction and Maintenance Located at Lot 1 in Regency Subdivision

2. Consideration of A Resolution Authorizing An Encroachment Agreement Upon Public Street Right-of-Way with the Blues Shop for Construction of a Stairwell and Handicap Ramp Located at 320 North Fourth Street

APPOINTMENTS:

Riverfront Advisory Committee: Bill Wilke, Charles Orndorff and Michael Benninghoven

Housing Appeals Board: Maria Moeller

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