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. 14
July 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
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 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
COMMENTS: The Development Director stated that the proposed Resolution provides for the sale of the vacated portion 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. He stated that the City would retain a 20-foot utility easement of the property adjacent to Lots 1 through 6 of Bittersweet Development Company Subdivision and the south 12 feet adjacent to Lot 9 of Quail Ridge Estates Addition. He further stated that an additional 22-foot easement for access from the existing golf path to the Burlington Golf Club will be granted to Lots 1 through 16 of Quail Ridge Estates adjacent to the north 10 feet of Lot 6 of Bittersweet Development Company Subdivision and the south 12 feet of Lot 9 of Quail Ridge Estates to the west and the Burlington County Club to the east. 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 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
DISCUSSION: Don Wilkerson of 2322 Bittersweet Place questioned if the City would be placing up barricades. The City Manager stated that he would be speaking with the Public Works Director as to the next step. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second 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: The City Manager stated that there were no changes to the 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 from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Vacating and Selling the East-West 390 Feet of the 16-Foot Wide Alley Right of-Way. 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 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: 5 - "AYES") CARRIED
3. Motion for Preliminary Adoption of the Second 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: The Development Director stated that there were three amendments to the proposed Ordinance Creating the West Avenue P.U.D. which consisted of general conditions, signage requirements and pedestrian sidewalks. The amendments to the Ordinance regarding general conditions and signage requirements were unanimously approved by the City Council. Council Member Kellogg introduced a motion to table the motion to amend Section 7 Pedestrian Sidewalks to the August 5, 2002 City Council meeting after the Mayor stated that he would like to see additional changes to the amendment. Council Member Edwards seconded the motion to table the motion to the August 5, 2002 City Council Meeting. After roll call vote the motion to amend pedestrian sidewalks was unanimously tabled to the August 5, 2002 City Council Meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
4. Motion to Amend Section 3 (A.) General Conditions, Subsection 3 of the Proposed Ordinance Repealing Ordinance No. 3077 and Creating the West Avenue Business Park P.U.D.
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Motion to Amend Section 4 Signage Requirements of the Proposed Ordinance Repealing Ordinance No. 3077 and Creating the West Avenue Business Park P.U.D.
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
6. Motion to Amend Section 7 Pedestrian Sidewalks of the Proposed Ordinance Repealing Ordinance No. 3077 and Creating the West Avenue Business Park P.U.D.
DISCUSSION: (See comments listed above - item tabled to the August 5, 2002 City Council Meeting.)
7. Motion to Table the Motion to Amend Section 7 Pedestrian Sidewalks of the Proposed Ordinance Repealing Ordinance No. 3077 and Creating the West Avenue Business Park P.U.D. to the August 5, 2002 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution Approving Preliminary Plat of Burlington South Subdivision
DISCUSSION: The Development Director reviewed the Resolution Approving Preliminary Plat of Burlington South Subdivision with the City Council and viewing audience. He stated that the Plan Commission recommended the approval of the preliminary plat with two recommended variances. He reviewed the two variances with the City Council and the viewing audience. 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: Dave Hanrahan of 1709 Osborn Street stated that the question on the ballot regarding sales tax was loosely written. He stated that the question should have stated that the sales tax money would be used for economic development/job funds, not just economic development. He further stated that there was no written policy or resolution approved by the City Council how the funds would be used for economic development/job funds. The Mayor stated that it was the goal of the Council to have an economic job fund. He stated that 5% of the overall annual sales tax would be used for creating a job incentive fund with a cap of $500,000.00. Council Member Edwards stated that the fund was crucial to luring good jobs to Burlington. He further stated that the Council approved an annual capital improvement program to keep the general public aware of how the monies are being spent. Council Member Kellogg stated it was a quality of life issue. The City Manager stated that the Council has been clear with their intentions. Leon Shahan of 1821 Mt. Pleasant Street stated that he did not like the wording on the ballot regarding 45% for other economic development. He stated he had a problem giving monies to the Chamber of Commerce. The Mayor stated that Mr. Shahan's comment was not true as Burlington has resurfaced 17 miles of streets, built a RecPlex and was spending $1,100,000.00 on improving City streets this year with the sale tax monies. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 7:55 p.m. Approved: August 5, 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 ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Demolition Assessment
2. Resolution Awarding Contract for the 2002 ACC Resurfacing Project
SET DATE FOR PUBLIC HEARINGS: AUGUST 5, 2002
1. Consideration of an Encroachment Agreement to Construct an ADA Accessible Ramp on the City Right-of-Way Located in front of 216 South 3rd Street
2. Consideration of An Ordinance to Vacate and Sell the East-West 102 Feet of the 60 Foot Wide Street Right-of-Way, Adjacent to Lots 13 and 15 of Fladt's 2nd Addition, City of Burlington, Des Moines County, Iowa
APPOINTMENTS:
Aquatics Advisory Committee - Bonnie Pierson, Don Demijan, Mary Olson, Cynthia House, Leslie Wayman, John E. Danielson, Debbie Mosley-Nelson, Douglas Martin