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. 31
April 7, 1997
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Sandell, Council
Members Heland, Henry, Scott and Thomas, present.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: Youth Appreciation Week - Daniel Prendergast
National Teach Children to Save Day - Lisa Walsh
Recognition Certificate for Serving on Board or Commission: Owen Sloan and Ron Snyder
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 listed under Item I., Consent Agenda.
DISCUSSION: None.
(VOTE: 5 "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Plans and Specifications for the 1997 Memorial Auditorium
Arena Level Ladies Restroom Remodeling
COMMENTS: The City Manager stated that the 1997 Memorial Auditorium Arena Level Ladies Restroom Remodeling would be funded with hotel/motel tax monies. The Public Works Director stated that the ladies restroom was located on the arena level at the northeast corner of the Memorial Auditorium. He stated that presently there were four water closets and two sinks. He stated that the remodeling would provide for fourteen water closets, of which two water closets would be handicapped, six sinks, a diaper changing table, and two exhaust fans. He stated that estimated cost of the project was $50,000.00. He stated that the base bid would include painting of floors, walls, and ceilings. He stated that the City would be taking an alternate bid for ceiling tile and some ceramic tile on both the floor and walls. Mayor Sandell stated that the cost of the project was reasonable. The City Manager stated that the reason for the remodeling of the ladies restroom was due to the length of the waiting line during programs and concerts. She stated that the project was very much needed. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 1997 Memorial Auditorium Arena
Level Ladies Restroom Remodeling
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the Saunderson Park Recreation
Area, Basketball Court
COMMENTS: The City Manager stated that the Saunderson Park Recreation Area, Basketball
Court would be funded with the 1996-97 budget and with sales tax monies. She stated that the
project would consist of a basketball court. She stated that additional improvements would be
made at a later date. The Public Works Director stated that the improvements would consist of
an asphalt basketball court, which would be painted. He stated that the court could also be used
for roller blading. Council Member Henry questioned if the facility would be lighted. He further
stated that there was a need for the basketball pole to be padded for safety reasons. The Public
Works Director stated that lighting was not part of the project. The City Manager stated that the
City was drafting a twenty year lease with the school district for the lease of the property.
Council Member Heland stated that he has never heard why the park was called Saunderson
Park. Mayor Sandell stated that upon execution of the agreement with the school district, the
City would name the park at that time. The Public Works Director stated that the Engineering
Department would be using the name Saunderson Park for purposes of bidding the project. John
R. Sandell of 2803 West Avenue questioned the cost of the project. The Public Works Director
stated that the estimated cost of the project was $18,000.00. The City Manager stated that the
City has budgeted $31,000 for improvements to Saunderson Park Recreation Area. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the Saunderson Park Recreation Area,
Basketball Court
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of An Encroachment Agreement for Budget Lighting Inc. to
Install a Moveable Dock in the Center of the Alley Located Between North 4th and North
5th Street and Valley and Market Street Tabled from the March 17, 1997 Council Meeting
COMMENTS: The Project Coordinator stated that Budget Lighting had originally requested a
moveable dock in the middle of the alley in which to park and back semis into the alley located
between North 4th and North 5th Street and Valley and Market Street. He stated that there was
some concern from adjacent property owners. He stated that staff has since worked with all
persons involved and have come up with a new idea. He stated that Budget Lighting has now
proposed placing the dock on their property and have the trucks back in at an angle to the dock.
He stated that the encroachment agreement would allow class 5 or larger semi trailers to be
parked in the alley way. He stated that the adjacent property owners have agreed in writing to the
new idea. The City Manager stated that the City needs businesses like Budget Lighting
downtown and the City wants to work with businesses to make their physical environment as
conducive to expansion as possible. Mayor Sandell stated that the encroachment agreement
was not for any physical structure. The Project Coordinator stated that Mayor Sandell was
correct. He stated that the encroachment agreement was only to allow the trucks to park in the
alley. Jay F. Skerik of 2534 Surrey Road stated that he supports the proposed encroachment
agreement. Brad Ellerbroek of Budget Lighting, Inc. stated that the trucks would be parked in
the alley for only as long as it takes their staff to unload the trucks. Council Member Thomas
stated that he was pleased that the encroachment could be worked out with all of the parties
involved. 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 Budget Lighting Inc. to Install a
Dock on Their Property and then Temporarily Park, for Loading and Unloading Purposes
Only, Class 5 or Larger Semi Trucks in the alley Located Between North 4th and North 5th
Street and Valley and Market Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTIONS:
1. Resolution Approving Final Plat of Corey Subdivision
DISCUSSION: The City Manager stated that there has been no changes to the final plat of Corey Subdivision from the approval of the preliminary plat. She stated that the petitioner was not present, but their engineering firm was present should Council have any questions. She stated that the Public Works Director has approached the City of West Burlington for cost sharing of the intersection improvements, and was favorably received. The Project Coordinator stated that Corey Subdivision presently would consist of the following: An Auto Zone, Ryan Steak House, and possibly an office supply store. Council Member Henry thanked the City of West Burlington for their cooperation of the intersection improvements. He stated that it was going to be a great development. 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 the Official Street Construction Program Project from July 1, 1997
to June 30, 2002
DISCUSSION: The City Manager stated that State of Iowa requires the City to approve the Official Street Construction Program Project for cities seeking road use tax funds. She stated that the only change from the five year street plan that the City has already adopted was the addition of Division Street from West Burlington Avenue to Broadway Street for fiscal year July 1, 1997 to June 30, 1998. She stated that the Public Works Director was present to answer any questions. Mayor Sandell commended the City Manager and staff for their work on the 5 year street plan. Council Member Heland stated that the projects have been discussed many times prior to the approval of the Resolution. He also stated that the City Manager and staff needed to be congratulated for their planning of the street program. 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 for Final Adoption of An Ordinance Amending Chapter 9.16 Animals of the
Burlington Municipal Code
DISCUSSION: The City Manager and the Chief of Police reviewed the amendments to the proposed Animal Ordinance. John R. Sandell of 2803 West Avenue stated that he presently has four cats that are confined to his home, one confined dog, and one dog outside. He questioned what the proposed license fees would be. He stated that it was rare that any dog would be under voice command of its owner. He stated his concern regarding the section on noisy animals of the proposed Animal Ordinance. He stated that he could have a neighbor that doesn't like dogs that could complain to the Police Department. Mayor Sandell stated that the proposed license fee would be $5.00. Rose Lee of 1409 South 15th Street stated that dogs should be on a leash for their protection when off of private property. She further questioned where the monies from the fines and fees go. Mayor Sandell stated that the monies from the fines and fees go into the City's general fund. Council Member Thomas stated that cats kill squirrels. He stated that he would like to see cats on leashes as they can not be obedience trained. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HELAND, HENRY, SANDELL, SCOTT
1 - "NAY" THOMAS) CARRIED
2. Motion to Amend the motion amending Section 9.16.040 Dogs and cats at large by
amending No. B and C
DISCUSSION: Council Member Henry made a motion to amend the motion amending Section 9.16.040 Dogs and cats at large by amending No. B and C. Council Member Scott seconded the motion. After roll call vote the motion carried. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
3. Motion to Amend Section 9.16.020 License tag of the Ordinance Amending Chapter 9.16
Animals of the Burlington Municipal Code
DISCUSSION: Council Member Scott made a motion to amend Section 9.16.020 License tag of the Ordinance Amending Chapter 9.16 Animals of the Burlington Municipal Code. Council Member Heland seconded the motion. After roll call vote the motion carried. 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 9.16.040 Dogs and cats at large of the Ordinance Amending
Chapter 9.16 Animals of the Burlington Municipal Code
DISCUSSION: Council Member Scott made a motion to amend Section 9.16.040 Dogs and cats at large of the Ordinance amending Chapter 9.16 Animals of the Burlington Municipal Code. Council Member Heland seconded the motion. After roll call vote the motion carried with a three to two vote. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" HELAND, SANDELL, SCOTT
2 - "NAYS" HENRY, THOMAS) CARRIED
5. Motion to Amend Section 9.16.120 Solid waste removal of the Ordinance Amending
Chapter 9.16 Animals of the Burlington Municipal Code
DISCUSSION: Council Member Scott made a motion to amend Section 9.16.120 Solid waste removal of the Ordinance amending Chapter 9.16 Animals of the Burlington Municipal Code. Council Member Henry seconded the motion. After roll call vote the motion carried. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
6. Motion to Amend Section 9.16.300 Civil penalties of the Ordinance Amending Chapter
9.16 Animals of the Burlington Municipal Code
DISCUSSION: Council Member Scott made a motion to amend Section 9.16.300 Civil penalties of the Ordinance amending Chapter 9.16 Animals of the Burlington Municipal Code. Council Member Thomas seconded the motion. After roll call vote the motion carried. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution to Establish Fees Per Chapter 9.16 (Animals) of the Burlington Municipal
Code
DISCUSSION: The City Manager stated that the license fee for cats and dogs was presently $3.00. She stated that the proposed fee was $5.00. 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: Owen Sloan of 527 South 8th Street stated his concern that
there needed to be reflective markers at the "S" curves on Plank Road. The City Manager stated
that guard rails were being installed at the "S"curves. She stated that she would check with the
Public Works Department regarding reflective markers. Joan Wagner Breuer stated her concern
that the domestic violence shelter, ADDS, and Young House should be funded by the City of
Burlington. Council Member Scott stated that if the Run/Walk does not make the same monies
as it made last year, he would support a budget amendment. He stated that Council Member
Thomas had made the same statement. Mayor Sandell stated that he felt the run would become
more successful each year. He stated that presently there were no cities supporting the domestic
violence shelter. He stated that the domestic violence shelter serves a five county area. He stated
that many counties were supporting the shelter. John R. Sandell of 2803 West Avenue stated that
he was glad the City was taking over the property at 1126 Valley for demolition. He stated that
the property at 1624 Smith Street needed to be demolished. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Adjournment: 9:20 p.m. Approved: April 21, 1997
Kathleen P. Salisbury John K. Sandell
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, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Agreement with the Iowa Department of Transportation, the City
of West Burlington, and Des Moines County for Urban Primary Road Service
2. Resolution Approving Agreement with the Iowa Department of Transportation for Use of
Traffic Safety Funds to Improve the Intersection of Agency and Curran
PETITION:
1. Motion to Receive and File Petition from property owners requesting that Winegard,
Cottonwood, and part of Vineyard be paved and to permit driving where there is a no
through traffic sign off of Kirkwood
RESOLUTION:
1. Resolution Approving the Collective Bargaining Agreement between the City of
Burlington, Iowa and Local 7176 of the Communications Workers of American, AFL-CIO, July 1, 1997 - June 30, 1998
SET DATE FOR PUBLIC HEARINGS: April 21, 1997
1. Consideration of An Ordinance Regarding Neighborhood Street Improvements
2. Consideration of An Ordinance to Delete in Its Entirety Section 8.20.020 A. and to
Establish a New Section 8.20.020 A. in Chapter 8.20 (Fire Prevention Code) in the
Burlington Municipal Code
3. Consideration of Filing of An Amended Application to Iowa Department of
Transportation for Federal and State Operating Assistance for BUS
APPOINTMENTS:
Parks Advisory Committee: Ron Snyder
Human Rights Commission: James Moody
Flint Hills Golf Course Advisory Committee: Julie Winter
City Planning Commission: Virginia Wendorf
Board of Electrical Examiners: Arnold Kemp and Alando Blanco