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. 39
August 6, 2001
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Kellogg, Thomas and Wehrle present. Mayor Scott stated that Council
would be answering various questions from the 6:00 p.m. call-in show at the close of the
meeting. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
BURLINGTON CITY COUNCIL
PROCLAMATIONS:
* Mississippi River Shoreline Cleanup Day - Kathleen Hemmesch
* National Night Out in Burlington - Glen Hultquist
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 Plans and Specifications for the 2001 Lift Station
Modification and Relocation Project, Division I, Acres Street and Division II, Yoder
Drive
COMMENTS: The Public Works Director reviewed the plans and specifications for the 2001
Lift Station Modification and Relocation Project, Division I, Acres Street and Division II, Yoder
Drive with the Council and viewing audience. He stated that the project would be divided into
two divisions. He stated that the bids will be received on August 22, 2001 with the project being
awarded by the Council on September 4, 2001. He stated that the construction for the project is
scheduled to start in mid September. He further stated that the total cost for the project would be
$85,000.00. The project will be funded through the sanitary sewer fund. 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 2001 Lift Station Modification
and Relocation Project, Division I, Acres Street and Division II, Yoder Drive
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of a Permanent Encroachment Agreement with HyVee to Allow
the Construction of a 4' x 12' Stairwell to be Placed in 10th Street Right-of-Way
Extending from the West Side of HyVee Food Store Building Located at 939 Angular
Street
COMMENTS: The Development Director stated that the encroachment agreement was required
by the building fire codes for an exit out of the HyVee building due to the remodeling and
expansion at the store on Angular Street. He stated that the expansion will be on the west side of
the HyVee building. He further reviewed the encroachment agreement with the council and
viewing audience. Council Member Thomas questioned if the City would be liable if there was
an accident since it will be on city right-of-way that may lead to a lawsuit. The Development
Director stated that it is standard procedure that the City would not be held liable as with all of
the encroachment agreements. 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 Permanent Encroachment Agreement with HyVee to Allow the
Construction of a 4' x 12' Stairwell to be Placed in 10th Street Right-of-Way Extending
from the West Side of HyVee Food Store Building Located at 939 Angular Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of An Ordinance Amending Chapter 1.20 of the Burlington
Municipal Code to Approve New Precinct Boundaries for the City of Burlington, Iowa
COMMENTS: The Development Director reviewed with the Council and viewing audience the
Ordinance Amending Chapter 1.20 of the Burlington Municipal Code to Approve New Precinct
Boundaries for the City of Burlington, Iowa. He stated that the City is required every ten years
following a census to review and reset precinct boundaries within the City for voting purposes.
He stated that there are twelve boundary precincts included in the Ordinance. He further stated
that the City will need to submit the Ordinance to the State and County for their approval by
September 1, 2001. Council Member Edwards stated that in Precinct 1, Tama would not be
allowed to vote in city elections, but they would be able to vote in school board elections,
statewide elections and national elections. 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: An Ordinance
Amending Chapter 1.20 of the Burlington Municipal Code to Approve New Precinct
Boundaries for the City of Burlington, Iowa
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Introduce Resolution of Necessity for the 2001 Alley Reconstruction, Division II, from
Dill Street to Chamberlain Street, between Summer Street and White Street
DISCUSSION: None.
2. Resolution Tabling Resolution of Necessity for the 2001 Alley Reconstruction, Division
II, from Dill Street to Chamberlain Street, between Summer Street and White Street to the
September 4, 2001 City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
Council Member Wehrle left the meeting early and was unable to vote.
3. Introduce Resolution of Necessity for the 2001 Mason Road Paving and Sanitary Sewer
Project
DISCUSSION: Steven Freese representing FHS Holdings questioned how the process of the
assessment would be handled. He stated that they are the owners of the two pieces of property
north of Mason Road. He further stated that they are in favor of the extension and development
of Mason Road. He questioned the process of the assessment and how the property will be
assessed. The City Manager explained how the City handles the process of assessments. He
stated that upon completion of the project, property owners will be notified of the final cost of
the project. He further stated that the cost of the assessment project cannot be greater than the
preliminary assessment as identified by the assessment schedule. Steven Freese questioned how
interest will accrue. The City Manager stated that there will also be an interest schedule showing
interest over the next ten years with nine percent (9%) being the interest rate. The Public Works
Director stated that the assessable portion of the paving, not including the storm sewer, will be
$129,795.00 and the City's cost will be $259,662.00. Steven Friese stated that development is
somewhat slow and they don't want to finance until the lots sell. Mayor Scott suggested that the
City and FHS Holdings needed to discuss this assessment. Larry Humphreys from FHS Holdings
questioned if the interest was assessed annually over a ten-year period. Mayor Scott stated that it
would be assessed annually. All present had opportunity to speak and nothing additional was
filed in the office of the City Clerk.
4. Resolution Tabling Resolution of Necessity for the 2001 Mason Road Paving and
Sanitary Sewer Project to the September 4, 2001 City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
Council Member Wehrle left the meeting early and was unable to vote.
5. Resolution Approving Final Plat of Peyten Place Subdivision
DISCUSSION: The Development Director stated that Peyten Place Subdivision is outside the corporate limits and on the northwest edge of the City of Burlington. He stated that this subdivision is a simple two-lot subdivision whereby the owner of the property has a home on the existing property at this time and has a desire to build a new home on the property, on a separate lot. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
Council Member Wehrle left the meeting early and was unable to vote.
6. Resolution Approving Final Plat of Second Addition to Westbrook Estates Subdivision
DISCUSSION: The Development Director stated that the Second Addition to Westbrook Estates Subdivision is another simple two-lot subdivision. He stated that it is in the far northeast corner of the existing subdivision. He stated that this is the final plat of the lot. Council Member Kellogg questioned if the lot is currently a cornfield. The Development Director stated that it is currently a cornfield. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
Council Member Wehrle left the meeting early and was unable to vote.
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Vacating a 16' x 80' Portion of City Alley Right-of-Way Located in Block 2,
Lenox Park Addition, Between Lots 21 and 8 and Lots 20 and 9, Containing 0.03 Acres,
More or Less
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Vacating the 16' x 80' Portion of City Alley Right-of-Way, Located in Block 2, of Lenox Park Addition from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Vacating a 16' x 80' Portion of City Alley Right-of-Way Located in Block 2, Lenox Park Addition, Between Lots 21 and 8 and Lots 20 and 9, Containing 0.03 Acres, More or Less. Council Member Thomas seconded the motion. After roll call vote the motion was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
Council Member Wehrle left the meeting early and was unable to vote.
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
Council Member Wehrle left the meeting early and was unable to vote.
3. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Rezoning Approximately .22 Acres of Land, Lots 20 and 21 of Block 2, Lenox
Park Addition, from R-1B, Single Family Residential Zoning District to C-2, General
Commercial, with Conditions
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Rezoning Lots 20 and 21 of Block 2, Lenox Park Addition from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Rezoning Approximately .22 Acres of Land, Lots 20 and 21 of Block 2, Lenox Park Addition, from R-1B, Single Family Residential Zoning District to C-2, General Commercial, with Conditions. Council Member Thomas seconded the motion. After roll call vote the motion was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
Council Member Wehrle left the meeting early and was unable to vote.
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
Council Member Wehrle left the meeting early and was unable to vote.
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:25 p.m. Approved: August 20, 2001
Katie Gerling Timothy E. Scott
Computer Specialist I Mayor
for Kathleen P. Salisbury, City Clerk CMC
(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
Resolution Approving Final Acceptance and Release of Retention Monies for the 2000 Public
Works Complex Construction
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Motion to Receive and File Petition from Property Owners Requesting Alley
Reconstruction, Division II, from Dill Street to Chamberlain Street, between Summer
Street and White Street
2. Preliminary Resolution for the 2001 Alley Reconstruction, Division II, from Dill Street to
Chamberlain Street, between Summer Street and White Street
3. 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, Division II, from Dill Street to Chamberlain Street,
between Summer Street and White Street
4. Resolution Determining the Valuation of Each Lot for the Special Assessment of the
2001 Alley Reconstruction, Division II, from Dill Street to Chamberlain Street, between
Summer Street and White Street
5. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
2001 Alley Reconstruction, Division II, from Dill Street to Chamberlain Street, between
Summer Street and White Street
6. Preliminary Resolution for the 2001 Mason Road Paving and Sanitary Sewer Project
7. 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 Mason Road Paving and Sanitary Sewer Project
8. Resolution Determining the Valuation of Each Lot for the Special Assessment of the
2001 Mason Road Paving and Sanitary Sewer Project
9. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
2001 Mason Road Paving and Sanitary Sewer Project
10. Resolution Establishing a New Fee and Charge Schedule for Septic Haulers
11. Resolution Awarding Contract for 2001 Replacement of the Burlington Wastewater
Treatment Facility's Heating Plant
12. Resolution Approving Amended 28E Agreement with the Board of Waterworks Trustees,
Des Moines County and the Des Moines County Regional Solid Waste Commission for
Establishing Position of Joint Safety Director
13. Resolution Approving Class "B" Beer License and the Extension of the License to
Include An Outdoor Sales Area for Burlington Area Catholic Schools, Inc. For Pot of
Gold Event on August 26, 2001
14. Resolution Approving Demolition Assessments
SET DATE FOR PUBLIC HEARINGS:
2. Consideration of Disposition of City-Owned Property at 1120 Valley (August 20, 2001)
3. Consideration of Disposition of City-Owned Property at 417 Peasley (August 20, 2001)
4. Consideration of An Ordinance Amending the Transportation Plan of the Southwest
Subarea Land Use Plan, Stonegate Village Planned Unit Development, and the City
Strategic Comprehensive Plan, by Establishing a Connection between Mason Road and
West Avenue (August 20, 2001)
5. Consideration of Plans and Specifications for the 2001 Alley Reconstruction, Division II,
from Dill Street to Chamberlain Street, between Summer Street and White Street
(September 4, 2001)
6. Consideration of Plans and Specifications for the 2001 Mason Road Paving and Sanitary
Sewer Project (September 4, 2001)
APPOINTMENTS:
Board of Electrical Examiners: James Dodge and Mike Wagner