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. 22
November 20, 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
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. 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 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
COMMENTS: The City Manager stated that the proposed Resolution provides for the
encroachment for the purposes of road construction, public ingress and egress and sewer or other
utility construction and maintenance located at Lot 1 in Regency Subdivision. He stated that it
was the frontage road area where Sarduccis has their drive-up window. He stated that in the
event Sarduccis would no longer use their drive-up window the encroachment agreement would
terminate. He stated that the actual construction took place approximately five to seven years
ago and this was a clean-up measure. He stated that there would be no additional impact in the
proposed area. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
Resolution Approving 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
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: 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
COMMENTS: The City Planner stated that the City received a request from David Hazell of the
Blues Shop to encroach onto City right-of-way for construction of a stairwell and handicap ramp
located at 320 North Fourth Street. He stated that the handicap ramp would make the property
handicap accessible. He reviewed the proposed plans with the Council and the viewing
audience. He stated that this was the first time for the City to receive a request for the placement
of a stairwell in City right-of-way. He stated that the City Attorney has a liability concern for the
placement of the stairwell in City right-of-way. He stated that the Blues Shop would need to
provide liability insurance. He further stated that the Blues Shop needed an easement agreement
from the adjacent property owner located in the rear of the property for a second exit from the
building. Pat Hazell, father of David Hazell, stated that he has spoken with their insurance
company and there was not a problem obtaining liability insurance. He stated that the reason for
the stairwell was that people entering/leaving their establishment would enter/exit through the
basement and then up/down the steps to where the entertainment was located. He stated that a
trap door would be used over the stairwell to prevent anyone from falling into the stairwell. He
further stated that his rear neighbor will not allow the Blues Shop access to their property. The
Fire Chief stated that he has discussed the issue with Fire Marshal Hartman and should there be a
fire in the front of the building a rear exit was needed. The City Manager stated that the sidewalk
has collapsed and there was a coal bin located underneath the sidewalk. He stated that the
problem needed to be taken care of quickly. He suggested that the Council amend the Resolution
and agreement to allow only the handicap ramp until the issue of an easement and liability
concerns could be worked out. Council Member Edwards made a motion to amend the
Resolution and agreement authorizing an encroachment agreement between the City of
Burlington and David Hazell by removing any reference to placement of a stairwell at 320 North
4th Street. Council Member Wehrle seconded the motion. After roll call vote the motion to
amend was unanimously adopted. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion To Amend the Resolution and Agreement Authorizing An Encroachment Agreement
Between the City of Burlington and David Hazell by removing any reference to placement of a
stairwell at 320 North 4th Street
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Resolution Authorizing An Encroachment Agreement Upon Public Street Right-of-Way
with the Blues Shop for Construction of Handicap Ramp Located at 320 North Fourth
Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the
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: The City Manager stated that there were no changes to the 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 from the last meeting. Council Member Wehrle made a motion to waive the second reading of the proposed Ordinance and final adopt the Ordinance. Council Member Kellogg 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 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
RESOLUTIONS:
1. Resolution of Necessity for the 2001 Alley Reconstruction from Mason Road to Louisa
Street between Leebrick Street and Garfield Avenue
DISCUSSION: The Public Works Director stated that the introducing and tabling of the
Resolution of Necessity for the 2001 Alley Reconstruction from Mason Road to Louisa Street
between Leebrick Street and Garfield Avenue would allow for the City Clerk to notify the
property owners by mail and notice in The Hawk Eye newspaper of the hearing on the Resolution
of Necessity on December 18, 2000 according to state law. He stated that the City received a
petition from 76% of the abutting property owners requesting the reconstruction of their alley.
He stated that the property owners would pay 100% of the construction cost over a ten-year
period with interest. He stated that the estimated cost of the project was $44,000.00 with the
maximum cost of $1,760.00 to each property owner. He stated that bids would be received on
January 24, 2000 if Council approves the Resolution of Necessity on December 18, 2000. He
further stated that the Resolutions referencing the assessment project on the consent agenda were
resolutions required by state law to be approved by Council prior to the adoption of the
Resolution of Necessity. Council Member Wehrle questioned if all property owners would be
assessed for the project even if they were opposed to the project. The Public Works Director
stated that all property owners would be assessed whether in favor of the project or not. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
2. Resolution Tabling Resolution of Necessity for the 2001 Alley Reconstruction from
Mason Road to Louisa Street between Leebrick Street and Garfield Avenue to the
December 18, 2000 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Awarding Purchase of Boat, Motor and Trailer for the Burlington Police
Department Continued from the November 6, 2000 City Council Meeting
DISCUSSION: The Police Chief stated that the City received a grant for the purchase of a boat, motor and trailer for the Burlington Police Department. He stated that Major Luttenegger, Sergeant Beaird and Lt. Cassidy were involved in the process of obtaining the grant. He stated that he has yet to hear any negative comments on the purchase. Those who spoke in favor of the purchase of the boat was as follows: Sergeant Beaird; Sherriff Elect Mike Johnstone and Bev Hunter of 2720 Haskell . Sherriff Elect Johnstone stated that the City needed to purchase their own boat, but that he would be willing to work with the City together in crucial times. He stated that the County's boat was used only for recovery and not EMS. Council Member Wehrle stated that the understood that the primary function of the boat would be for safety and not to patrol the river. He stated that he would support the purchase of the boat. Council Member Kellogg stated that he had no problem with enforcement of the boaters on the river. Council Member Thomas stated that the purchase of the boat was not about aggressive law enforcement but about public safety. Mayor Scott stated that the purchase of the boat would greatly enhance safety along the river. Council Member Edwards stated that he has received an overwhelming concern from boaters opposed to the purchase of the boat. He stated that he would not vote in favor of the purchase of the boat. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" KELLOGG, SCOTT, THOMAS, WEHRLE
1 - "NAY" EDWARDS) ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:10 p.m. Approved: December 4, 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
MOTION:
1. Motion to Receive and File Petition from Property Owners Requesting Alley
Reconstruction from Mason Road to Louisa Street between Leebrick Street and Garfield
Avenue
RESOLUTIONS:
1. Preliminary Resolution for the 2001 Alley Reconstruction from Mason Road to Louisa
Street between Leebrick Street and Garfield Avenue
2. Resolution Ordering Notice to Waterworks Board of Trustees, Utility Companies and
Property Owners to Make, Repair, or Relocate Any Water or Other Utility Connections
for the 2001 Alley Reconstruction from Mason Road to Louisa Street between Leebrick
Street and Garfield Avenue
3. Resolution Determining the Valuation of Each Lot for the Special Assessment of the
2001 Alley Reconstruction from Mason Road to Louisa Street between Leebrick Street
and Garfield Avenue
4. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
2001 Alley Reconstruction from Mason Road to Louisa Street between Leebrick Street
and Garfield Avenue
5. Resolution Approving 28E Agreement with Des Moines County for Snow Removal and
Maintenance
6. Resolution Approving the Purchase of a Garbage Truck for the Solid Waste Department
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Disposition of City-Owned Property at 425 May Avenue
(December 4, 2000)
2. Consideration of an Encroachment Agreement Between the City of Burlington and Leyda,
Burrus and Metz, Permitting the Encroachment of a Sales Display Area And Private
Parking Along The Western 15 Feet of Mark Lane Right of Way, East of Lots 281, 282
and 283, Northern Addition, Block 201, City of Burlington (December 4, 2000)
3. Consideration of An Ordinance Vacating a Portion of Rorer Street Right-of-Way Located
Between North 6th Street And Bluff Road (December 4, 2000)
4. Consideration of Plans and Specifications for the 2001 Alley Reconstruction from Mason
Road to Louisa Street between Leebrick Street and Garfield Avenue (December 18, 2000)
APPOINTMENTS:
Construction Board of Appeals: David Metzger
Board of Plumbing Examiners: Larry Latta
Parks Advisory Committee: John Danielson