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. 17
September 3, 2002
The Burlington City Council met in regular session at 7:00 p.m. in the City Hall, Council
Chambers with Mayor Scott, Council Members Baker, Kellogg and King present. The Mayor
announced at the beginning of the meeting that Council Member Edwards had called and would
be detained for a short while. Council Member Edwards arrived at 7:07 p.m.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: Always Remember 9-11 Day
White Cane Safety Day - O'Kemm Dixon
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. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") CARRIED
Council Member Edwards was absent for approval of the consent agenda.
RESOLUTIONS:
1. Resolution Approving Final Plat of Florence Subdivision
DISCUSSION: The Development Director reviewed the final plat of Florence Subdivision with Council and the viewing audience. He stated that Florence Subdivision was a 5-lot subdivision located off of Florence Avenue, east of Cliff Road. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Approving Final Plat of Burlington South Subdivision
DISCUSSION: The Development Director reviewed the final plat of Burlington South Subdivision with Council and the viewing audience. He stated that the subdivision was a City-owned 14-15 acre tract of land located south of Mason Rod and immediately west of Haskell Street. He stated that the City was planning on selling lots 1, 2 and 3, with lot 4 remaining with the City. He stated that there were two variances as follows: (1) Curb and gutter improvements shall be waived until such time as said improvements are constructed on the balance of Haskell Drive. Any property owner of lots 1, 2 and 3 shall be aware of these improvements have been waived for the subdivision process only, and each lot owner shall accept any assessments and/or petitions for improvements to the street, curb and/or gutters. (2) Sidewalk improvements shall be waived until such time as said improvements are constructed on the balance of Haskell Drive. Any property owner of lots 1, 2 and 3 shall be aware that these improvements have been waived for the subdivision process only, and each lot owner shall accept any assessments and/or petitions for improvements to the sidewalks. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Approving a Letter of Understanding with Great River Health Systems, Inc.
Regarding the Mercy Building and the Burlington Medical Center Site
DISCUSSION: The City Manager reviewed with Council and the viewing audience the letter of understanding with Great River Health Systems, Inc. He stated that Great River Health Systems will donate the Mercy building and the cleared BMC site to the City; they will also donate $671,000.00 that is budgeted to cover demolition costs of the Mercy building to the City. These funds may be used for the redevelopment of the Mercy building or to demolish the building in the event that a suitable redevelopment is not feasible; they will further cover itemized transitional expenses, documented by the City to a maximum of $29,000.00. He stated that the City will, in turn, convey the Mercy building to an appropriate developer, at no charge, or proceed, at their discretion, with the demolition of the Mercy building; the City will also convey the $671,000.00 demolition fund to the appropriate developer to assist in the redevelopment of the Mercy building. He further stated that the BMC site was being donated to the City with the expressed intent that a new public library will be built on the site. If, after a two-year period, there is not a construction date established suitable to Great River Health Systems, Inc., ownership of the property will revert back to Great River Health Systems, Inc. Council Member Baker questioned how the $671,000.00 would be spent. The City Manager explained that Great River Health Systems, Inc. will donate the $671,000.00 to the City to be set aside as an incentive for a developer, should no suitable redevelopment of the Mercy building be obtained, then the monies would be used to cover demolition costs of the Mercy building. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution In Opposition of Rate Increase by Alliant Energy
DISCUSSION: The City Manager stated that the proposed Resolution objects to a rate increase by Alliant Energy. He stated that the proposed rate increase would be as follows: residential 55% higher; commercial 41% higher and industrial 27% higher. He stated that the increases were high and unfair to all parties. Council Member Edwards stated that the Mayor would be sending a letter opposing the rate increase by Alliant to the Iowa Utilities Board; Governor Vilsack; Representative Cohoon; the Consumer Advocate's office and the Iowa Consumer Coalition. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
HEARINGS:
1. Statement: Consideration of Sale of Lots 1, 2 and 3 in Burlington South Subdivision with
Conditions
COMMENTS: The Development Director stated that the proposed Resolution provides for the
sale of lots 1, 2 and 3 in Burlington South Subdivision. He stated that Bob Huppenhauer has
offered the City $30,000.00 for all 3 lots. He stated that the purchaser has agreed to the
following conditions of the sale of property: seller will provide a survey of the lots at its cost;
buyer will provide a separate abstract of title for each lot at his cost; City staff will support the
developer and recommend that existing curb, gutter and sidewalk requirements be waived, but
subject to final approval by the Burlington Planning and Zoning Commission and City Council; all
costs and fees relating to utility hookups will be borne by the buyer; buyer specifically agrees that
residential dwellings will be constructed on all three lots within 3 years of the date of the closing
and the foregoing special provision will survive the closing and transfer of title to the real estate
which is the subject of this contract. Dean Burkett of 1616 Haskell stated that he was not
opposed to the sale of the lots or the building of homes on the lots, but was concerned that the
assessed value of all lots on Haskell Street would go down in price. He stated that the assessed
value of his land was $20,000.00. He questioned why the City would sell a lot for only
$10,000.00. The Mayor stated that Council has placed pressure on City staff to get City property
back on the tax rolls. He further stated that as tradition has it, the City cannot receive the same
type of sale price for property as an individual. The City Manger stated that the terms and
conditions of the sale offset the price of the land. He stated a local realtor felt the City received a
fair price for the land with the offset of the terms and conditions of the sell. 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 Lots 1, 2 and 3 in Burlington South Subdivision with
Conditions
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Sale of City Owned Property at 923 Osborn Street, City of
Burlington, Des Moines County, Iowa, with Conditions
COMMENTS: The Development Director stated that the proposed Resolution provides for the
sale of City owned property at 923 Osborn Street to John Hart. He stated that the property was
located west of Osborn Street, south of the viaduct and east of the railroad tracks. He stated that
the property was leased to Bud Hart of Pak-A-Way on a year to year basis. He stated that the
sale provides for the following condition: that John G. Hart etal, and any subsequent property
owners, shall environmentally indemnify the City of Burlington and bear all responsibility for any
contamination that has occurred during the lease period between the City of Burlington and John
G. Hart. He stated that the appraised value of the property was $2,116.00. He further stated that
John Hart has offered the City $2,600.00 for the property. 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 City Owned Property at 923 Osborn Street, City of
Burlington, Des Moines County, Iowa, with Conditions
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Resolution Approving Waiver of Urban Growth Area Water
Policy on Summer Street South of Concordia
COMMENTS: The Development Director stated that the proposed Resolution waives the Urban
Growth Area Water Policy on Summer Street south of Concordia. He stated that out the nine
property owners requesting the City to allow them to hook up to rural water, seven have signed
the conditions and one party has withdrawn. He stated that there were four conditions as follows:
the petitioner shall hook onto City water and contribute their proportionate share of said cost
when City water becomes available to the property including signing a petition and waiver which
states that they will not contest any and all assessments associated with the water service
extension; the petitioner shall hook onto City sanitary sewer and contribute their proportionate
share of said cost when the City sanitary sewer becomes available to the subject property
including signing a petition and waiver which states that they will not contest any and all
assessments associated with the sanitary sewer service extension; the petitioner shall voluntarily
annex into the City of Burlington at such time deemed appropriate by the City and the petitioner
shall agree to pay any and all costs associated with connecting to the rural water service. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Waiver of Urban Growth Area Water Policy on Summer Street
South of Concordia
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of 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
DISCUSSION: The City Manager stated that there were no changes to the 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. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance. 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 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
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: None.
Adjournment: 7:45 p.m. Approved: September 16, 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 Demolition Assessments
2. Resolution Approving Nuisance Assessments
3. Resolution Awarding Contract for the 2002 Crapo Park Fountain Repair
4. Resolution Awarding Purchase of Used Outfront Grass Mower for Flint Hills Golf Course
5. Resolution Approving Maintenance and Operation for a Portion of Lynnwood Street Between Summer Street and South 14th Street and the Storm and Sanitary Sewer Improvements Serving Phase I and Phase II for Park South Subdivision