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. 13
July 1, 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 absent.
BURLINGTON CITY COUNCIL
PROCLAMATION: Retirement of David L. Walsh, Firefighter
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: None.
(VOTES: 4 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of An Ordinance Vacating and Selling the East-West 390 Feet
of the 16-Foot Wide Alley Right-of-Way, Adjacent to Lots 25, 26, 27, 28, 29, 30, 31 and
the East 20 Feet of 32 and 42, 43, 44, 45, 46, 47, 48 and the East 20 Feet of 41 of Rands
Subdivision, Original City located between Washington Street and Columbia Street
COMMENTS: The Development Director stated that the proposed Ordinance provides for the
vacation and sale of the east-west 390 feet of the 16-foot wide alley right-of-way, adjacent to lots
25, 26, 27, 28, 29, 30, 31 and the east 20 feet of 32 and 42, 43, 44, 45, 46, 47, 48 and the east 20
feet of 41 of Rands Subdivision, Original City located between Washington Street and Columbia
Street. He stated that the property was formally the City Streets Shop and was sold to two
individuals. He stated that the vacation would provide for the sale of the vacated alley to owners
located on both sides of the alley. He stated that the City will keep 20 ft. of the right-of-way and
it will not be vacated and sold. 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 Vacating and
Selling the East-West 390 Feet of the 16-Foot Wide Alley Right-of-Way, Adjacent to
Lots 25, 26, 27, 28, 29, 30, 31 and the East 20 Feet of 32 and 42, 43, 44, 45, 46, 47, 48
and the East 20 Feet of 41 of Rands Subdivision, Original City located between
Washington Street and Columbia Street
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
2. Statement: Consideration of An Ordinance Repealing Ordinance No. 3077, Being An
Ordinance Rezoning the West Avenue Business Park and Adopting a New Ordinance
Forming the West Avenue P.U.D. (Planned Unit Development)
COMMENTS: The Development Director explained to the City Council and the viewing public
that the Plan Commission did not have a quorum at their last meeting and were unable to hold
their hearing. He stated that the City could still hold their hearing and adopt the first reading of
the Ordinance. He stated that the Plan Commission would be holding their hearing on July 11
and any amendments could be brought up at the second reading of the Ordinance by the City
Council on July 15. He stated that the Ordinance provides for a complete repeal of Ordinance
No. 3077 which is the rezoning of the West Avenue Business Park and provides for the forming
of the West Avenue P.U.D. He further reviewed the Ordinance and the plans for the construction
of 48 units by the Gandolf Group with the Council and the viewing audience. He further stated
that adjacent landowners were enthusiastic about the Gandolf Group project. Council Member
Baker stated that it would be an excellent site for the 48 units. 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 Repealing
Ordinance No. 3077, Being An Ordinance Rezoning the West Avenue Business Park and
Adopting a New Ordinance Forming the West Avenue P.U.D. (Planned Unit
Development)
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
3. Statement: Consideration of Gifting the West 15 Feet of Lots 14 and 15 of Leonard's
Subdivision, City of Burlington, Des Moines County, Iowa to the Burlington Community
School District, Pursuant to Chapter 364.7(3), Code of Iowa
COMMENTS: The Development Director stated that the proposed Resolution provides for the
gifting of the west 15 feet of lots 14 and 15 of Leonard's Subdivision to the Burlington
Community School District. He stated that the property was located adjacent to Sunnyside
School building. He stated that the gifting would be subject to the granting of easements for
ingress and egress to the City of Burlington and the Richardson's, an adjacent property owner.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution Approving Gifting the West 15 Feet of Lots 14 and 15 of Leonard's
Subdivision, City of Burlington, Des Moines County, Iowa to the Burlington Community
School District, Pursuant to Chapter 364.7(3), Code of Iowa
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Approving the Elimination of Parking on the East Side of Isabella Street from
the South Dead-End to Lenox Avenue in the City of Burlington, Iowa
DISCUSSION: The Public Works Director stated that the City received a petition from more than 60% of the property owners along Isabella Street requesting the elimination of parking on the east side of Isabella Street from the south dead-end to the Lenox Avenue. Dave Global of 2001 Isabella stated that he was never asked to sign the petition. He stated that he was against the removal of the parking as he needed parking for visitors and that vehicles would drive too fast on the street once the parking was eliminated. The Mayor explained that the Council likes to see 27 ft. wide streets have parking only on one side due to allow emergency vehicles and snow removal equipment better access. He further stated that in the past the City has allowed neighborhoods with narrow streets to decide whether or not they want to eliminate parking on one side of the street. Council Member Edwards echoed Mayor Scott's comments. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 7:40 p.m. Approved: July 15, 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
NUISANCE ABATEMENTS
BEER, LIQUOR, WINE AND CIGARETTES
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Refund of Liquor License for The Beer Barrel, Inc.
2. Resolution Authorizing A Temporary Encroachment Agreement Between the City of
Burlington and Bakery Haus, Permitting the Encroachment of a Luncheon Area at 609
and 611 Jefferson Street West of Sixth Street Bridge on Sidewalk Area Just in Front of
the Building for a Six Month Period of Time
3. Resolution Establishing New Fee and Charge Schedule for Septic Haulers
4. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the
Completion of the Work on the 2002 Alley Improvement Project from Green Street to
Dill Street, between Leebrick Street and Garfield Avenue
5. Resolution Adopting the Final Assessment Schedule for the 2002 Alley Improvement
Project from Green Street to Dill Street, between Leebrick Street and Garfield Avenue
Assessment Project and Providing for the Number of Installments, the Interest Rate of
Unpaid Installments, the Time When Such Assessments are Payable and Providing
Notice Thereof
6. Resolution Awarding Contract for the 2002 Residential Street Improvement Program,
Cottonwood Court, Flint Hills Drive to Cul-de-sac, Division I; Gertrude Street, Spray
Street to Amelia Street, Division II; and 7th Street, Acres Street to Louisa Street, Division
III
7. Resolution Awarding Contract for the 2002 Alley Reconstruction, from West Avenue to
Chamberlain Street between Summer Street and White Street
8. Resolution Awarding Contract for the 2002 Main Street HMA Resurfacing Project
9. Resolution Awarding Contract for the 2002 Memorial Auditorium Building Air
Conditioning Improvements
10. Resolution Approving Purchase of a Kubota B Series Tractor and Mower for the Parks
Department
11. Resolution Approving Purchase of Golf Cars - Lease to Own for Flint Hills Golf Course
12. Resolution Approving Purchase of a 2 Ton, Single Axle Dump Truck for the Public
Works Department, Street and Sewer Division
13. Resolution Authorizing the Purchase of a Salt Storage Facility and Associated Work for
the Public Works Facility
14. Resolution Permitting the Installation of a Limestone Entrance Sign for Riverfront Park
in Memory of Stuart Awbrey
SET DATE FOR PUBLIC HEARING: July 15, 2002
1. Consideration of the Sale of 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, Burlington, Des Moines County, Iowa with Conditions