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. 3

February 4, 2002

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Baker, Edwards and Kellogg present. Council Member King was out-of-town on business.

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 requested the removal of the Resolution Awarding Contract for the 2002 Lift Station Modification and Relocation Project - Second Letting from the Consent Agenda for discussion at the close of the meeting. He further reviewed the items listed on the consent agenda to the viewing audience. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") CARRIED

ORDINANCES:

1. Motion for Preliminary Adoption of the Second Reading of an Ordinance Amending Ordinance No. 2947 as Amended by Ordinance No. 3022, 3072 and 3079, Amending the Provisions of the Urban Revitalization Plan

DISCUSSION: The Deputy City Manager reviewed with the Council and the viewing audience the amendments to the proposed Ordinance Amending Ordinance No. 2947 as Amended by Ordinance No. 3022, 3072 and 3079, Amending the Provisions of the Urban Revitalization Plan. He stated that the amendment was created at Council's request from the work session. Leon Shahan of 1821 Mt. Pleasant Street questioned how the Ordinance would apply to the Gandolf Group's proposed housing development. Mayor Scott stated that any property tax credit, or rollback of valuation; other than the normal rollback applicable to all commercial property, the total amount of property taxes abated including those abated or credited under any other program shall not be any greater than the total which would be abated under this program, if the other program did not apply. He stated that in other words the Gandolf Group would not be able to "double dip." The Deputy City Manager also stated that residential property assessed as commercial, the limit shall be $35,000.00 per dwelling unit, not the full value of the assessed value. Leon Shahan also questioned if the City's 1% match affected the tax exemption. Mayor Scott stated that the 1% match was a separate issue. Council Member Kellogg stated that Mayor Scott put a lot of thought in the amendment to the Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") CARRIED

2. To Amend Section 2.F.(1), Adopt New Section 3.H.4., and amend Section 4 of the Ordinance Amending Ordinance No. 2947 as Amended by Ordinance No. 3022, 3072 and 3079, Amending the Provisions of the Urban Revitalization Plan

DISCUSSION: None.

(VOTE: 4 - "AYES") CARRIED

3. Motion for Preliminary Adoption of the Second Reading of an Ordinance Vacating the North-South 20-Foot Wide Mercer Street Right-of-Way, Adjacent and East of Lots 1, 2, 3, 4, 5 and 6 of Bittersweet Development Company Subdivision and Lot 9 of Quail Ridge Estates Subdivision and West of the Burlington Golf Club

DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance Vacating the North-South 20-Foot Wide Mercer Street Right-of-Way, Adjacent and East of Lots 1, 2, 3, 4, 5 and 6 of Bittersweet Development Company Subdivision and Lot 9 of Quail Ridge Estates Subdivision and West of the Burlington Golf Club from the last meeting. Sue Long of 2706 Bittersweet Place stated that the Plan Commission had approved the vacation and seeding by the City of the vacated Mercer Street right-of-way. She urged Council to vacate Mercer Street Right-of-Way and seed it, as the street was basically rock and dirt and caused a lot of dust. She stated that neighbors were not planning on planting trees as they did not want to spoil their view. Mayor Scott stated that at the public hearing the Council voted not to seed the property once it becomes vacated. He stated that any seeding would be at the expense of Bittersweet Place property owners. He stated that the City would barricade the street upon vacation. He stated that the Development Director would be contacting the six Bittersweet property owners to see if they would be agreeable to paying the City to seed the area. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") CARRIED

RESOLUTIONS:

1. Resolution Approving Preliminary Plat of Stonegate Village Center Subdivision with Conditions

DISCUSSION: The Development Director stated that Stonegate Village Center Subdivision was located directly west of Highway 61 and south of the Mason Road extension. He stated that the owner of Stonegate Village Center Subdivision was Don and Mike Pierson. He stated that the City Planning Commission voted on January 14, 2002 to conditionally accept the preliminary plat subject to six conditions. He reviewed with Council and the viewing audience the six conditions to the preliminary plat. He stated that the final plat would be coming before the Council in the near future. Mike Pierson of 912 Monticello Drive stated that everything on the preliminary plat is consistent with the City's Master Land Use Plan. He stated that Bill Ludwig with Environmental Design Group of Des Moines, Iowa and Smith Engineering were involved with the plats. He also stated that they laid out the 70 acres plus to ensure that whatever infrastructure is constructed will fit in with the long term needs of the area. He further stated that he presently has a buyer for lot no. 1. 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 Honey Creek Subdivision

DISCUSSION: The Development Director stated that Honey Creek Subdivision was located in Des Moines County within the two miles of Burlington's City limits. He stated that the subdivision of the property would require no additional public utilities or infrastructure. He stated that upon approval by the City the final plat would be sent to the Des Moines County Supervisors for approval. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") ADOPTED

3. Resolution Awarding Contract for the 2002 Lift Station Modification and Relocation Project - Second Letting

DISCUSSION: Mayor Scott stated he removed the Resolution Awarding Contract for the 2002 Lift Station Modification and Relocation Project - Second Letting at a request of a contractor. He questioned if the City should award the project with Alternate One which includes mix flush valves as part of the project, due to the cost difference of only $5,000.00. The Public Works Director stated that the WWTF Superintendent could not be at the council meeting due to a family obligation, but felt that in speaking with the WWTF Superintendent he was satisfied with the base bid. He suggested that the Council could delay the approval of the project until the next Council Meeting when the WWTF Superintendent would be present. Mayor Scott made a motion to continue the Resolution Awarding Contract for the 2002 Lift Station Modification and Relocation Project - Second Letting to the February 19, 2002 City Council Meeting. Council Member Baker seconded the motion. After roll call vote the motion was approved unanimously by those Council Members present. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

4. Motion to Continue the Resolution Awarding Contract for the 2002 Lift Station Modification and Relocation Project - Second Letting to the February 19, 2002 City Council Meeting

DISCUSSION: None.

(VOTE: 4 - "AYES") CARRIED

COMMENTS FROM AUDIENCE: Leon Shahan of 1821 Mt. Pleasant Street urged Council to contact Senators Harkin and Grassley to keep Amtrak in Burlington. Mayor Scott stated that they would be speaking to them this spring in Washington, D.C. concerning that issue. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 7:45 p.m. Approved: February 19, 2002





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, Final Payment and Release of Retention Monies for the 2001 River Overlook Park Restroom Project

BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS

NUISANCE ABATEMENTS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Awarding Contract for the 2001 West Avenue/Broadway Avenue A.C.C. Trail

2. Resolution Authorizing the Relocation of the Youth Center

3. Resolution Approving Speed Zones On Highway 61 in Burlington, Iowa

SET DATE FOR PUBLIC HEARING: February 19, 2002

1. Consideration of An Ordinance Amending Section 3.46.020 Membership - Term -Vacancies, Section 3.46.030 Chairman - Secretary, Section 3.46.040 Meetings and Section 3.46.060 Powers and Duties of Chapter 3.46 Regional Family Recreation Complex Advisory Committee of the Burlington Municipal Code

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