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. 41
September 4, 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.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: Burlington Area United Way Time - Kathleen Hemmesch and Don Duke
Retirement of Thomas E. Gubba, Firefighter
Annual 9-1-1 Emergency Number Day - Lt. Steve Bell
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. Kevin Booth of 207 South 5th Street requested the removal of the Resolution Approving Issuance of Vehicle for Hire License for Nite Twain, Ltd. 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 Resolution of Necessity for the 2001 Alley Reconstruction,
Division II, from Dill Street to Chamberlain Street, between Summer Street and White
Street Tabled from the August 6, 2001 City Council Meeting
COMMENTS: The City Manager stated that the proposed Resolution of Necessity for the 2001
Alley Reconstruction, Division II, from Dill Street to Chamberlain Street, between Summer
Street and White Street was tabled from the August 6, 2001 City Council Meeting by law to
allow for notice to property owners. The Public Works Director reviewed the plans and
specifications for the project with the Council and the viewing audience. He stated that the
approximate cost of the project was $19,200.00. He stated that the maximum assessment per
property owner would be $1,920.00. He stated that the project would not include extending the
paved portion of the driveways of property owners (except one driveway that needs more
excavation work for a smoother transition). He stated all property owners could pay additional
monies to the contractor to have their driveway extension paved. He further stated that bids
would be received on September 19, 2001 with the project awarded October 1, 2001. He also
stated that construction should be completed before winter. Harold Wagner of 909 Summer
Street stated that he was anxious to have the project completed as the project would benefit their
properties. Mayor Scott asked the Public Works Director to mail letters to all affected property
owners who the contractor will be so that they can get in contact with them for any additional
driveway work. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity for the 2001 Alley Reconstruction, Division II, from Dill Street
to Chamberlain Street, between Summer Street and White Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 2001 Alley Reconstruction,
Division II, from Dill Street to Chamberlain Street, between Summer Street and White
Street
COMMENTS: None.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 2001 Alley Reconstruction,
Division II, from Dill Street to Chamberlain Street, between Summer Street and White
Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Resolution of Necessity for the 2001 Mason Road Paving
and Sanitary Sewer Project Tabled from the August 6, 2001 City Council Meeting
COMMENTS: The City Manager stated that the proposed Resolution of Necessity for the 2001
Mason Road Paving and Sanitary Sewer Project was tabled from the August 6, 2001 City
Council Meeting by law to allow for notice to property owners. The Public Works Director
reviewed the plans and specifications for the project with the Council and the viewing audience.
He stated that the approximate cost of the project was $660,000.00 with 20% of the cost being
assessed to adjoining property owners. He further stated that bids would be received on
September 19, 2001 with the project awarded October 1, 2001. He also stated that construction
should be completed spring, 2002. Chuck Griffin, representing First Church of Nazarene,
questioned if access to the church would change. The Public Work Director stated that access to
the church would not change with this project. He suggested the church contact the Iowa
Department of Transportation for information regarding a project that may affect their driveway
in 2 years. The City Manager stated that one property owner intends to send the City Clerk a
letter withdrawing his original request for an agricultural deferment. He further stated that
another property owner has spoken with him and he is in agreement with the filing of a mortgage
against his property rather than the filing an assessment schedule against the property. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Resolution of Necessity for the 2001 Mason Road Paving and
Sanitary Sewer Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of Plans and Specifications for the 2001 Mason Road Paving
and Sanitary Sewer Project
COMMENTS: None.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 2001 Mason Road Paving and
Sanitary Sewer Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
5. Statement: Consideration of Sale of City Alley Right-of-Way in Block 2, Lenox Park
Addition
COMMENTS: The Development Director stated that the City Alley right-of-way in Block 2,
Lenox Park Addition has been vacated and is now ready to sell to Golden Eagle Distributing. 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 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: None.
(VOTE: 5 - "AYES") ADOPTED
6. Statement: Consideration of Disposition of City-Owned Property at 201 North Central
Avenue and 1104 Valley Street
COMMENTS: The Development Director stated that the proposed Resolution provides for the
sale of 201 North Central Avenue and 1104 Valley Street to Burlington Housing Partnership. He
stated that Burlington Housing Partnership plans to build a 2-bedroom medium income home
(with a possible 3rd bedroom in the basement) for approximately $50,000.00 to $60,000.00. He
urged those interested in purchasing the homes to contact Marshal Walz at Autumn Heights for
requirements. All present had opportunity to speak and nothing additional was filed in the office
of the City Clerk.
Motion to Close CARRIED
Resolution Approving Disposition of City-Owned Property at 201 North Central Avenue
and 1104 Valley Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading 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
DISCUSSION: The City Manager stated that there were no changes to the 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 from the first reading. Council Member Edwards stated that the proposed Ordinance was a concept plan. Council Member Scott made a motion to waive the second reading and to final adopt the Ordinance Amending the Transportation Plan of the Southwest Subarea Land Us Plan, Stonegate Village Planned Unit Development. Council Member Kellogg 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: 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 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
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution Approving Issuance of Vehicle for Hire License for Nite Twain, Ltd
COMMENTS: Kevin Booth of 207 South 5th Street questioned if there were already too many taxi companies in Burlington. Mayor Scott stated that it was not their place to tell people whether or not to start a business in Burlington. He stated that is was a matter of competition. He further stated that this company would be offering limo services to be rented by the hour for weddings. The entire council echoed Mayor Scott's comments. The Chief of Police stated that the company would be offering hourly rates with contractual agreements. He stated that they would not be required to have a meter or a taxi light as they were considered a vehicle for hire. 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: Chuck Griffin of 2604 Clearview stated that he was
involved with the Council of Churches in Burlington. He invited the viewing audience to the
September 19 event "See you at the Pole" and the 7 p.m. community-wide event at the First
Church of Nazarene praise and worship service that evening. He further stated that anyone who
wanted to become active with the Council of Churches was invited to the fall dinner on October
16, 2001 at the First Christian Church. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Adjournment: 7:50 p.m. Approved: September 17, 2001
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
Resolution Approving Final Acceptance and Release of Retention Monies for the 2000 Hawkeye
Sewer, Phase II, Storm Sewer Improvements, Division III
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Demolition Assessments
2. Resolution Approving Fiscal Year 2000-2001 Street Finance Report, Road Use Tax
3. Resolution Rejecting All Bids for the 2001 Lift Station Modification and Relocation
Project, Division I - Acres Street and Division II - Yoder Drive
4. Resolution Awarding Purchase of Computer Equipment for the Burlington Police Department