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. 8
April 15, 2002
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Baker, Edwards, Kellogg and King present.
BURLINGTON CITY COUNCIL
PROCLAMATIONS:
* Retirement of John R. Cochran, Firefighter
* Youth Appreciation Week - Dan Carlson
* Iowa's Largest Community Basket Day - Peter Harman
* Health Ministries Month - Mary Tieman
* Clean Out Your Files Day - Hal Morton
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 items listed under Item I., Consent Agenda.
DISCUSSION: Mayor Scott reviewed the items listed on the consent agenda to the viewing audience. Council Member Kellogg 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.
(VOTES: 5 - "AYES") CARRIED
HEARING:
1. Statement: Consideration of Sale of 834 Washington Street, legally described as Lots 25,
26, 27, 45, 46, 47 and 48, Block 941 in the Original City to James W. Rollins
COMMENTS: The City Manager stated that the proposed Resolution provides for the sale of
834 Washington Street, formerly the Streets Shop, to James Rollins for the purchase price of
$80,000.00. He stated that the property had been listed for the past six months. 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 834 Washington Street, legally described as Lots 25, 26,
27, 45, 46, 47 and 48, Block 941 in the Original City to James W. Rollins
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Amending Ordinance No. 3105, A Conditional Rezoning of 13.18 Acres, from
R-1B (One-Family Residential) to C-2 (General Commercial) Zoning District, Located
Directly East of Hy-Vee Food Store No. 2, 3150 Agency Street
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Rezoning 13.18 Acres from R-1B to C-2 Zoning District, Located Directly East of Hy-Vee Food Store No. 2, 3150 Agency Street from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance rezoning 13.18 Acres from R-1B to C-2 Zoning District, located directly east of Hy-Vee Food Store No. 2, 3150 Agency Street. Council Member Edwards 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 Ordinance No. 3105,
A Conditional Rezoning of 13.18 Acres, from R-1B (One-Family Residential) to C-2
(General Commercial) Zoning District, Located Directly East of Hy-Vee Food Store No.
2, 3150 Agency Street
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Final Adoption of An Ordinance Amending the Downtown Plan of Ordinance
No. 3101, an Ordinance Adopting the 1997-2016 Comprehensive Strategic Plan, Per Title
414 Iowa State Code, and Title 3.16 City Code, of the City of Burlington, Iowa
DISCUSSION: The City Manager stated that the City Council received a letter from the Board of Directors of the Heritage Trust with their comments regarding the Downtown Plan. Judy Kerr, Director for Heritage Trust, commended the Council for its efforts to update the Downtown Plan. She stated that their board was committed to preservation and hoped Council would take their comments into consideration. Leon Shahan of 1821 Mt. Pleasant Street stated his opposition to the plan with concerns that the City will need approximately $21,000,000.00 over the next ten years to pay for the projects, and the cost of maintenance/upkeep. He stated that he wanted his tax dollars to pay for police and fire protection. Joe Wachter of 2131 South Main Street called the Downtown Plan a recipe, in which some items will be added and some will be withdrawn, but the end result will be a fine recipe for Burlington. He urged the Council to support the Ordinance by unanimously voting in favor of the plan. Council Member Baker stated that she was not against the Downtown Plan as she understood it was a plan. She stated that the majority of the people of Burlington want the plan adopted. Council Member Edwards stated that his only concern was that the Downtown Plan needs to be self-supporting. He stated that he does not connect the Downtown Plan with the sales tax referendum or as supplementing the riverboat. Mayor Scott thanked everyone who has participated in the Downtown Plan for the past two years, three months. He stated that some of the projects will move quicky and urged citizens to get involved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
4. Motion for Final Adoption 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 Tabled from the February 19, 2002 City Council
Meeting
DISCUSSION: Mayor Scott stated that the proposed Ordinance Vacates 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. He stated that the final adoption was tabled from the February 19, 2002 City Council Meeting. He stated that the Ordinance provides only for the vacation. He stated that property owners could speak under comments from audience regarding the possibility of a future sale of the vacated right-of-way. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: The City Manager stated that now that Mercer Street right-of-way has been vacated, the next step would be for sale of the property and the cost that each
property owner would need to pay. He stated that the vacation would stop vehicular traffic.
Steve Swanson of 2519 Quail Ridge Drive stated that his neighborhood was willing to construct
and pay for a 5 ft. sidewalk. He further stated that they would maintain the sidewalk at no cost to
the City. He stated that the Wilkersons of Bittersweet Place would allow property owners of
Quail Ridge to use their driveway, but they would have to use Bittersweet Place Street also. Joe
Wachter of 2131 South Main Street stated that the concerns by the property owners of Quail
Ridge and Bittersweet regarding the vacation and sale of Mercer Street right-of-way were never
brought up to the Plan Commission. He further stated that many of the problems could have
been worked out by the Plan Commission prior to it being presented to the City Council. Don
Wilkerson of 2722 Bittersweet Place stated that it had never been the intention of the property
owners of Bittersweet Place to block access for those driving golf carts to the Burlington Golf
Club. He stated that the property owners in Quail Ridge Subdivision could drive over his
driveway, but one of the property owners of Quail Ridge Drive was concerned with a lawsuit
should there be an accident on Bittersweet Place. He stated that the concerned property owner
could have an accident on Quail Ridge Drive. Mayor Scott suggested the property owners meet
with the Development Director for further discussion on the possible sale. The Development
Director suggested that property owners of Quail Ridge and Bittersweet Place write him a letter
with their unified requests/recommendations. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Adjournment: 8:00 p.m. Approved: May 6, 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
BEER, LIQUOR, WINE AND CIGARETTES
NUISANCE ABATEMENT
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Designating the Authorized Representative with the Iowa Emergency
Management Division
2. Resolution Amending Pawn Shop License Fees
3. Resolution Amending Fees Per Chapter 10.28, Stopping, Standing or Parking of the
Burlington Municipal Code
4. Resolution Authorizing Submittal and Participation of Grant Application for City
Participation with Burlington Junction Railway for Grade Crossing Surface Repairs for
the Mt. Pleasant Street Railroad Crossing
5. Resolution Rejecting All Bids for the 2002 Burlington Railroad Depot Door
Replacement, 300 South Main Street
SET DATE FOR PUBLIC HEARING: May 6, 2002
1. Consideration of Issuance $3,970,000 General Obligation Essential Corporate Purpose
Bonds and $430,000 General Obligation General Purpose Bonds
APPOINTMENTS:
City Planning Commission: Sharon Rexroth and Joseph Wachter