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. 15
August 5, 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: * National Night Out - Glen Hultquist
* Mississippi River Shoreline Cleanup Day- Kathleen Hemmesch
and Len Williams
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
HEARINGS:
1. Statement: 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
COMMENTS: The Development Director stated that the proposed encroachment agreement
provides for the construction of an ADA accessible ramp on City right-of-way located in front of
216 South 3rd Street. He stated that it is an old warehouse building that the owner plans to use
for offices. He stated that there was an older water-main under the sidewalk that would be the
responsibility of the owner should any problems arise. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving An Encroachment Agreement to Construct an ADA Accessible
Ramp on the City Right-of-Way Located in front of 216 South 3rd Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of An Ordinance Vacating and Selling 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
COMMENTS: The Development Director stated that the proposed Ordinance provides for the
vacation and sale of 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, which is located in the Bock/Herblo area south of Sunnyside
Avenue and north of LeSylvia. He stated that Mr. Reif has purchased an acreage and plans to
build one family home at this time. He stated that an additional home could be built on the
property. The vacated portion would be sold for $1,500.00. 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 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
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Final Adoption 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 City Manager stated that the Council had tabled an amendment to Section 7 Pedestrian Sidewalks from the July 15, 2002 City Council meeting. He stated that the Council needed to vote down the tabled amendment and introduce a new amendment which would also allow for Lots 3, 4, 6, 7 and 8 shall provide and dedicate a eight (8) foot paved pedestrian and bike trail as shown in Exhibit "C" of the Ordinance. Placement of the bike/pedestrian trail may substitute for a four (4) foot sidewalk on all street frontages. The Development Director reviewed the new proposed amendment with Council and the viewing audience. The motion to amend Section 7 Pedestrian Sidewalks that was tabled from the July 15, 2002 City Council meeting failed with five nay votes. Council Member Kellogg then introduced a new motion to amend Section 7 Pedestrian Sidewalks. Council Member Edwards seconded the motion. After roll call vote the new motion to amend pedestrian sidewalks 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 to Amend Section 7 Pedestrian Sidewalks of the Proposed Ordinance Repealing
Ordinance 3077 and Creating the West Avenue Planned Unit Development Tabled from
the July 15 City Council Meeting - FAILED
DISCUSSION: None.
(VOTE: 5 - "NAYS") FAILED
3. Motion to Amend Section 7 Pedestrian Sidewalks of the Proposed Ordinance Repealing
Ordinance 3077 and Creating the West Avenue Planned Unit Development
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: Jack Pickens of 1407 Maple Street spoke on various
subjects ranging from speed limits; garbage tags; boat revenue; the fire station and a new youth
center. All present had opportunity to speak and nothing additional was filed in the office of the
City Clerk.
Adjournment: 7:45 p.m. Approved: August 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
BEER, LIQUOR, WINE AND CIGARETTES
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies
for the 2002 Columbia Street Paving Project, 3rd Street to 4th Street
2. Resolution Approving Final Acceptance and Release of Retention Monies for the 2000
Hawkeye Sewer, Phase II, Storm Sewer Improvements, Division V
3. Resolution Approving Nuisance Abatements
4. Resolution Approving Refund of Wine License for Dayton Lee Larpenter and
James A. Stamp dba/Guess What
5. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the
Completion of the Work on the 2001 Isabella Paving Assessment Project and Providing
Notice Thereof
6. Resolution Adopting the Final Assessment Schedule for the 2001 Isabella Paving
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
7. Resolution Establishing Fees for Ambulance Service Effective July 1, 2002
SET DATE FOR PUBLIC HEARING: AUGUST 19, 2002
1. An Ordinance Vacating and Selling the North-South 135 Feet of the 16-Foot Wide Alley
Right-of-Way, Adjacent and West of Lot 779, Original City, City of Burlington, Des
Moines County, Iowa.
APPOINTMENTS:
Aquatics Advisory Committee: Paula Renard and Amy Pilger