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. 45
November 3, 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
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: Council Member Scott stated that the Council was approving the rental fees for the Port of Burlington and the Memorial Auditorium on the consent agenda. He stated that the Golden Oldies have been allowed a special rate structure and their rates will be phased in over a three year period. 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 Plans and Specifications for the 1997 Agency and Curran
Street Traffic Signalization
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1997
Agency and Curran Street Traffic Signalization to the Council and viewing audience. He stated
that the estimated cost of the project was $80,000.00. He stated that $45,000.00 would be funded
with federal traffic safety funds, and $35,000.00 would be funded with road use tax monies. He
stated that the bid date for the project was December 3, 1997. He stated that the project would
commence in early spring, 1998. He stated that the City would be working with the school
district to work out a construction schedule to not interfere with the school district. He further
thanked the Campbells and the School District for allowing an easement to place traffic poles.
Ralph Hobbs of 1828 Agency stated that he was in favor of the stop lights as it was a dangerous
intersection for children. He further stated that he would like to see the police at the intersection
during school opening and closing. Council Member Scott stated that the residents on Gratton
Street are concerned that motorists may circumvent the traffic lights and congest Gratton Street
with traffic. He asked for a traffic count prior to the installation of the traffic signalization and
after the installation of the traffic signalization. The Public Works Director stated that a traffic
count has already been scheduled for Gratton Street. Council Member Heland questioned if the
project was a part of the capital projects plan. He stated that he hoped that the intersection would
be safer and alleviate some traffic problems. The Interim City Manager stated that the project
was a part of the capital projects plan. 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 Agency and Curran Street
Traffic Signalization
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of An Ordinance Amending Section 10.24.040 Thirty Mile Per
Hour Speed Limit of the Burlington Municipal Code
COMMENTS: The Interim City Manager stated that the proposed Ordinance amends Section
10.24.040 Thirty Mile Per Hour Speed Limit to extend Summer Street from Hillary Street to the
south city limits and to add West Burlington Avenue between West Avenue and Agency Street.
He stated that thirty miles per hour speed limit would protect residential growth on the south end
of town, and would better control traffic through a major commercial zone. He stated that
Division Street west of West Burlington Avenue which has recently been paved should have also
been listed on the Ordinance as thirty miles per hour. He stated that staff would write a motion at
the second reading of the Ordinance for Council to approve. Mayor Sandell stated that many
comments have been made by citizens that Division Street, south of West Avenue should be
thirty-five miles per hour. He stated that when the Business Park opens up and the industrial
nature takes on its character, along with the opening of the sports complex there would be
increased traffic, in which a thirty mile per hour speed limit would be necessary. 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 Amending
Section 10.24.040 Thirty Mile Per Hour Speed Limit of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance: An Ordinance
Amending the Burlington Municipal Code By Adding a New Chapter 12.17, Providing
for the Control of the Use of Public Property and Right-of-Way
DISCUSSION: The Interim City Manager stated that the proposed Right-of-Way Ordinance establishes criteria to control utilities in public owned right-of-way. He stated that it was prudent that the City adopt the Ordinance to control who uses the right-of-way and how they use the right-of-way. Council Members Heland and Henry stated that there was a great need to approve the Right-of-Way Ordinance. 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 Preliminary Adoption of the Second Reading of An Ordinance: An Ordinance
Amending the Burlington Municipal Code By Adding a New Chapter 12.18, Providing
Regulations on the Placement of Communication Towers and Antennas
DISCUSSION: The Interim City Manager stated that the legal counsel has not had the
opportunity to make a motion to amend the Ordinance Providing for Regulations on the
Placement of Communication Towers and Antennas. He stated that Attorney Fisch from the
Aspelmeier Law Firm who has been working on the Ordinance will be attending the Municipal
Attorney's meeting and he plans to discuss the Ordinance with other City Attorney's around the
State. He asked that the Council table the Ordinance at this time until an amendment can be
made to the Ordinance. Council Member Henry made a motion to Table the Preliminary
Adoption of the Second Reading of An Ordinance: An Ordinance Amending the Burlington
Municipal Code By Adding a New Chapter 12.18, Providing Regulations on the Placement of
Communication Towers and Antennas.. Council Member Heland seconded the motion. After
roll call vote by the City Clerk the motion was unanimously approved. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
3. Motion to Table the Preliminary Adoption of the Second Reading of An Ordinance: An
Ordinance Amending the Burlington Municipal Code By Adding a New Chapter 12.18,
Providing Regulations on the Placement of Communication Towers and Antennas
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Motion for Preliminary Adoption of the Second Reading of An Ordinance: An Ordinance
Amending Ordinance No. 3060 Amending the Provision of the Burlington Downtown
Revitalization and Strategic Plan Component of the Burlington Comprehensive Plan
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Motion for Final Adoption of An Ordinance Amending Chapter 12.14 Residential Street
Improvements of the Burlington Municipal Code
DISCUSSION: The Interim City Manager stated that staff did not have a staff presentation as the Ordinance Amending Chapter 12.14 Residential Street Improvements of the Burlington Municipal Code was in its last reading. The Public Works Director stated that he was aware of at least three petitions for street/alley improvement work for 1998. He stated that he was looking at readvertising the program and extend the program. Council Member Scott stated that the projects would expand in the future. Council Member Heland stated that it was pointed out to him by a homeowner of the problem a low-income property owner has in paying for an assessment. He asked that the Interim City Manager look at if the problem could be addressed by State Code. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Youth Comprehensive Plan
DISCUSSION: The Youth Coordinator thanked Council for the opportunity to allow the presentation of the five year comprehensive youth plan. She stated that the youth of Burlington also wanted to thank Council. She stated that the youth were excited about raising monies for the youth center. Council Member Henry stated that the priority areas as outlined by the Gap analysis was as follows: community/youth center; in-line hockey area utilized for games and tournaments; mentoring programs evaluated and implemented; skate/bike area to be designated for area youth; summer camp and park programs be developed at selected sites; Middle School Afterschool program coordinated by City and school; work with existing organizations on implementing a variety of program needs for those not interested in sports; locate an area to show movies on a weekly basis; work with special event coordinators to draw in more youth oriented activities; utilize existing gym facilities to offer open gym times in the area. Council Member Scott stated that on November 5, 1997 the Parks Superintendent, the Youth Coordinator, and the Interim City Manager would be on KBUR Problems and Solutions to present the Youth Comprehensive Plan to the general public. Council Member Heland stated that many dividends will be seen in the future from the implementation of the Youth Comprehensive Plan. Council Member Thomas questioned when the youth would receive training to sell the plan to various organizations. The Youth Coordinator stated that it would take a couple of weeks to fine tune the youth's presentation. The Mayor and Council thanked the Youth Coordinator for her work on the plan. 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 A Yard Waste Program for the Disposal of Brush and Small Limbs
DISCUSSION: The Interim City Manager stated that the proposed Resolution provides that the Burlington City Council has designated the Des Moines County Regional Landfill located off of Washington Road in West Burlington as the drop off site for citizens of Burlington to use for the category of yardwaste known as woodwaste. He stated that acceptable woodwastes will be limited to being no larger than six inches in diameter and must be transported to the landfill separate from all types of wastes, including other types of yardwastes, because the woodwastes must be weighed at the landfill scale house. He stated that acceptable "woodwaste" includes shrubs free of dirt, prunings from shrubs and trees, twigs, branches, limbs and woody vines. He stated that only those Burlington residents paying for City trash collection services may dispose of the woodwaste at the landfill for free. He further stated that the resident must show the scale attendant their driver license as proof of residency and a current water bill stub showing that they are paying for City trash services. Council Member Heland stated that residents need to keep their woodwaste separate from other yard waste. He stated that the program for free disposal of woodwastes was not open to Commercial or "for hire" services. Mayor Sandell stated that in the event of a storm disaster the City would take receipt of limbs knocked down from the storm. The Interim City Manager stated that the City was still intending on making three pick-up of leaves for residents of Burlington. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Adjournment: 8:10 p.m. Approved: November 17, 1997
Kathleen P. Salisbury Don Henry
City Clerk, CMC Mayor Pro-Tem
(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
Resolution Approving Final Payment, Final Acceptance, and Release of Retention Monies for
the 1995 Agency Street Overlay Project
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Transit Joint Participation Agreement with the Iowa Department of
Transportation to Implement A Transit Administration (FTA) Non-Urban Operating
Grant
2. Resolution Approving Rate Structure for Memorial Auditorium
3. Resolution Approving A Utility Easement Agreement with Wyatt Crees
4. Resolution Approving Purchase of Replacement Computer Equipment for the Burlington
Public Library
5. Resolution Approving Purchase of Hangar Doors at the Burlington Regional Airport
6. Resolution Approving Change Order for the 1997 CDBG Sewer Project
7. Resolution Approving Amendment to Resolution No. 97-364 of the City Council of the
City of Burlington, Iowa Authorizing Application for City Enterprise Zone Certification
with the Iowa Department of Economic Development (IDED) and Establishing An
Enterprise Zone Commission
PETITION:
1. Motion to Receive and File Petitions From Residents of Burlington and West Burlington to Not Place a Community/Youth Center in Perkins Park or Any City Park or Residential Areas; Instead, to Search for a Centralized Location Preferably in the Downtown Area.
SET DATE FOR PUBLIC HEARINGS: (November 17, 1997)
1. Consideration of An Ordinance Adopting the Comprehensive Plan for the City of
Burlington
2. Consideration of An Ordinance Amending Chapter 17.16 of the Burlington Municipal
Code to Rezone Lots 1, 2, 3, 4 and 5 of Block 1 in the 1st Addition to Scotten Place from
C-1 (Commercial) to C-2 (General Commercial)
APPOINTMENTS:
Riverfront Advisory Committee: Charlie Orndoff and Bill Wilke
Environmental Protection Board: Jill Thielbert