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. 21
November 4, 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, 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. 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 for Styltique Salon of 313
Jefferson Street for Loading Dock and Steps Continued from the October 21, 2002 City
Council Meeting
COMMENTS: The Deputy City Manager explained that the hearing on the encroachment
agreement for Styltique Salon of 313 Jefferson Street had been continued from the October 21,
2002 City Council Meeting to allow time for staff to resolve issues regarding the encroachment.
He stated that staff was now ready to proceed with the hearing. The City Planner stated that the
proposed encroachment agreement would allow for a loading dock and steps in the alley located
behind 313 Jefferson Street. He stated that he has met with surrounding property owners
regarding the encroachment agreement. He stated that third floor issues would be dealt with at a
later date. Council Member King questioned if an accident occurred, if Styltique Salon would be
responsible. The Deputy City Manager stated that the encroachment agreement provides that
Styltique Salon agrees to indemnify, defend and hold harmless the City from any and all costs,
expenses, demands, claims, judgements or liabilities of any kind incurred, including attorney fees
and court costs. 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 for Styltique Salon of 313 Jefferson
Street for Loading Dock and Steps Located in the Alley between 3rd Street and 4th Street
behind 313 Jefferson Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of a Resolution Agreeing to Provide Local Match for the 2003
CDBG Grant for Funding Assistance for Rehabilitation of Homes in the Targeted South
Hill Neighborhood
COMMENTS: The Deputy City Manager stated that the City was applying for a CDBG Grant to
allow for rehabilitation of 15 homes in the South Hill neighborhood. He stated that the City's
local match of $30,000.00 from local housing funds by the City of Burlington and $70,000.00
from the South Hill Targeted neighborhood funds. The City Planner stated that the grant from
the Iowa Department of Economic Development would be $419,985.00. Mayor Scott stated this
was a perfect example that Cities of 50,000 or more receive an entitlement from the federal/state
government, but communities under 25,000 tend to more easily qualify for CDBG grants than
communities the size of Burlington. This is a perfect argument to take before congress and
encourage them to lower the entitlement to 25,000 and over. He further stated that the City has
the same federal regulations of communities of 50,000 and more, yet Burlington does not receive
the same entitlement. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
Resolution Agreeing to Provide Local Match for the 2003 CDBG Grant for Funding
Assistance for Rehabilitation of Homes in the Targeted South Hill Neighborhood
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Approving an Alley Upgrade to Allow for Truck Traffic from Golden Eagle
Distributing Located in Block 2 of the Lennox Park Addition, City of Burlington, Iowa
DISCUSSION: The City Planner stated that the alley located in block 2 of Lennox Park Addition was vacated and rezoned several years ago and now Golden Eagle Distributing would like to upgrade the alley to allow for truck traffic from their distribution center. He stated that one neighboring property owner was opposed to the alley upgrade. He further stated that Golden Eagle Distribution has remained in compliance with all six conditions of the Ordinance and would be responsible for all of the costs associated with the upgrading and maintaining of the alley right-of-way, including storm water drainage, which shall be approved by the Public Works Department. A Golden Eagle representative stated that they have eight trucks which depart from their business between the hours of 6:00 a.m. to 8:00 a.m. He stated they were willing to place a mirror on a post so that Mr. Goble would be able to see when backing out of his driveway onto the alley. He stated that the trucks would only be traveling15 mph. He further stated that they were very conscious of rainwater run off. Council Member Edwards stated that the approval of the alley upgrade would be one less alley for the Streets Department to maintain. Mayor Scott urged Golden Eagle to meet with Mr. Goble as Mr. Goble was willing to sell his property. 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: Chuck Griffin of 2604 Clearview stated his views and those
of the United Methodist Church against gambling. He further stated that a town meeting was
held on October 29 for both sides to discuss issues and they were unable to televise the show. He
stated that he thought channel 18 was a public access channel. Council Member King explained
that channel 18 was a government access channel not a public access channel. He further stated
that he believed in people being allowed to make life choices regarding gambling, smoking,
drinking, etc. All present had opportunity to speak and nothing additional was filed in the office
of the City Clerk.
Adjournment: 7:50 p.m. Approved: November 18, 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 Purchase of a One-Ton Pickup Truck for the Fire Department
3. Resolution Establishing Rental Housing Inspection Fees
4. Resolution Approving Purchase of Spaulding Asphalt Hot Box Trailer
5. Resolution Awarding Contract for the 2002 Senior Center Ceiling Project, 501 Jefferson
Street
6. Resolution Approving Grant Application for the 2006 Sunnyside Avenue HMA
Resurfacing Project
7. Resolution Approving Communication and Phone System for the Phase II, Addition and
Remodeling for the Central Fire Department
8. Resolution Approving Change Order No. CE #16a Under RFQ1 for the Phase II, Addition
and Remodeling for the Central Fire Department
SET DATE FOR PUBLIC HEARING: November 18, 2002
1. Consideration of Sale of Mercy Building to Ambrose Development, Inc.