PUBLIC NOTICE
MINUTES OF THE
PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL
Meeting No. 10
May 20, 2024
The Burlington City Council met in regular session at 5:30 p.m. in the Thomas J. Smith Council Chambers, City Hall, 400 Washington Street, with Mayor Billups, Council Members Bailey, Graham-Murray, Scott and Weiss present.
BURLINGTON CITY COUNCIL
PROCLAMATION:
* Burlington Golf Club Day - Matt Baschke
COMMENTS FROM AUDIENCE: Dean Phenicie of 2117 Northern Drive recognized Police Week and wished the City Council a Happy Memorial Day. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
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 no separate discussion of these items. If discussion was desired, that item was removed from the Consent Agenda and was considered separately.
Introduced By: Graham-Murray Seconded By: Scott
MOTION: To approve all items listed under Item I., Consent Agenda.
DISCUSSION: Mayor Billups reviewed the items listed on the consent agenda to the viewing audience. Mayor Pro-Tem Graham-Murray announced those individuals appointed to various City commissions and boards. Council Member Scott requested the removal of the following resolutions for discussion at the close of the meeting: Resolution Supporting the Submission of an Iowa Economic Development Authority (IEDA) Application to the Workforce Housing Tax Credit Program by Spearfish Development LLC at Burlington Crossing Subdivision; Resolution Repealing a Former Sanitary Sewer Special Assessment on Property Located at 713 South Gertrude in Favor of a New Special Assessment and Stating that Costs will be Assessed Against the Property; Resolution Approving Purchase of a City Light-Duty Bus for the Burlington Urban Service and Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the Dankwardt Park Playground Project. He stated that these items were not discussed at the Work Session and he would like to discuss the resolutions. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) CARRIED
HEARINGS:
1. Statement: Consideration of Fiscal Year 2023-2024 Budget Amendment No. 1
COMMENTS: Stephanie Stuecker, Director of Administrative Services, stated that the notice of public hearing on the 2023-2024 Budget Amendment No. 1 was published on May 8, 2024. She reviewed budget amendment No. 1 for FY 2023-2024 budget with Council and the viewing audience. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Introduced By: Graham-Murray Seconded By: Scott
Motion to Close CARRIED
Introduced By: Graham-Murray Seconded By: Weiss
Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 2024
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
2. Statement: Consideration of Sale of Property Locally Known as 1428 Cleveland Avenue, City of Burlington, Iowa, with Conditions
COMMENTS: Eric Tysland, Development and Parks Director, reviewed the conditions of the sale of property with the City Council and the viewing audience. He stated that one (1) $500.00 bid has been received from Plowman Properties, LLC for the property locally known as 1428 Cleveland Avenue, City of Burlington, Iowa. He stated that previously this property was sold and the deadlines for repairing the property were not met. Council Member Scott stated that he would not be voting in favor of the sale of property because he didn’t agree with the process. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Introduced By: Scott Seconded By: Billups
Motion to Close CARRIED
Introduced By: Scott Seconded By: Billups
Resolution Approving Sale of Property Locally Known as 1428 Cleveland Avenue, City of Burlington, Iowa, with Conditions
DISCUSSION: None.
(VOTE: 4 - “AYES” - Graham-Murray, Weiss, Bailey & Billups ADOPTED 1 - “NAY” - Scott)
3. Statement: Consideration of Sale of Property Locally Known as 123 South 6th Street, City of Burlington, Iowa, with Conditions
COMMENTS: Eric Tysland, Development and Parks Director, stated that the property at 123 South 6th Street is a vacant lot that the City acquired. He stated that one (1) $500.00 bid has been received from Seena Enterprises, Inc. (Mohammad Nowroozi). He reviewed the conditions of the sale of property 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.
Introduced By: Scott Seconded By: Bailey
Motion to Close CARRIED
Introduced By: Scott Seconded By: Graham-Murray
Resolution Approving Sale of Property Locally Known as 123 South 6th Street, City of Burlington, Iowa, with Conditions
DISCUSSION: None.
(VOTE: 5 - “AYES”) ADOPTED
4. Statement: Consideration of an Ordinance Amending Section 157.04 Service Entrance Wiring and Requirements of Chapter 157 Electrical Code of the City of Burlington Municipal Code
COMMENTS: Eric Tysland, Development and Parks Director, stated that the minor change includes that residential dwelling electric services shall conform, rather than only new electric service. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Introduced By: Weiss Seconded By: Scott
Motion to Close CARRIED
Introduced By: Weiss Seconded By: Scott
Motion for Preliminary Adoption of the First Reading of an Ordinance Amending Section 157.04 Service Entrance Wiring and Requirements of Chapter 157 Electrical Code of the City of Burlington
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
5. Statement: Consideration of an Ordinance Amending Section 161.07 Minimum Structure Standards for all Dwellings of Chapter 161 Housing Code of the City of Burlington Municipal Code
COMMENTS: Eric Tysland, Development and Parks Director, stated that the minor change includes the removal of the word “new” to allow that all dwelling units shall have exits as required by the building code and fire code of the city. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Introduced By: Bailey Seconded By: Graham-Murray
Motion to Close CARRIED
Introduced By: Bailey Seconded By: Weiss
Motion for Preliminary Adoption of the First Reading of an Ordinance Amending Section 161.07 Minimum Structure Standards for all Dwellings of Chapter 161 Housing Code of the City of Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - “AYES”) CARRIED
RESOLUTIONS:
Introduced By: Bailey Seconded By: Weiss
1. Resolution Awarding Contract for the 2024 7th and Valley Parking Lot Rehab Project
DISCUSSION: Nick MacGregor, Assistant City Manager for Public Works, stated that the resolution approves the contract with Porter Brothers Construction, Inc. in the amount of $211,754.50. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) ADOPTED
Introduced By: Billups Seconded By: Scott
2. Resolution Supporting the Submission of an Iowa Economic Development Authority (IEDA) Application to the Workforce Housing Tax Credit Program by Spearfish Development LLC at Burlington Crossing Subdivision
DISCUSSION: Eric Tysland, Development and Parks Director, stated that the resolution supports the submission of the application by Spearfish Development, LLC at Burlington Crossing Subdivision. He stated that the development proposal includes construction of thirtyfive condominium single-family residential units. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) ADOPTED
Introduced By: Billups Seconded By: Scott
3. Resolution Repealing a Former Sanitary Sewer Special Assessment on Property Located at 713 South Gertrude in Favor of a New Special Assessment and Stating that Costs will be Assessed Against the Property
DISCUSSION: Chad Bird, City Manager, stated that the city previously certified a sanitary sewer repair on September 6, 2022 to the Des Moines County Courthouse which imposed a special assessment on the property. He stated that the homeowner has not made any payments towards the cost in the last two years and the property will be up for tax sale. He stated that the resolution will repeal the former special assessment in the amount of $7,800.00 and a new special assessment will be imposed in the amount of $8,745.00 that includes the accrued interest and cost of the delinquent former special assessment through May 31, 2024. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) ADOPTED
Introduced By: Billups Seconded By: Graham-Murray
4. Resolution Approving Purchase of a City Light-Duty Bus for the Burlington Urban Service
DISCUSSION: Nick MacGregor, Assistant City Manager for Public Works, stated that the city has received CARES Act funding for capital use and a part of the contract will allow for the replacement of a light duty bus. He stated that the bus will be purchased from Hoglund Bus Company, Inc. of Marshalltown, Iowa and the grant is 100% federal participation. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) ADOPTED
Introduced By: Billups Seconded By: Scott
5. Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the Dankwardt Park Playground Project
DISCUSSION: Eric Tysland, Development and Parks Director, stated that the Dankwardt Park Playground Project is completed. He stated that the final payment will be issued and the release of retention monies will be issued within thirty (30) days to Myers Construction, Inc. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”) ADOPTED
Adjournment: 6:07 p.m. Approved: June 3, 2024
Katie Music, CMC, City Clerk
Jon D. Billups, Mayor
(See recording on file in the office of the City Clerk for complete discussion and documentation.)
