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. 34
May 19, 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. The Parks Superintendent introduced Kim
Diehl as the new Youth Coordinator. Kim Diehl thanked the Council for the opportunity to serve
the youth of our community.
BURLINGTON CITY COUNCIL
Proclamation: National Public Works Week - Ron Knoke
Crime Prevention Task Force Report - Pat Jackson
COMMENTS: Pat Jackson, County Attorney, stated that he felt honored along with Dave Reid to
have been asked to become leaders of the Crime Prevention Task Force. He stated that in the last
year the Crime Prevention Task Force has been very busy with some of its recommendations
already sprung to life including a youth curfew, Police Canine unit, and a full time Youth
Activity Director for the City of Burlington. He further stated that the key to crime prevention is
citizen participation and that citizens need to be the eyes and ears of our police department and to
report crime and be willing to come forward and testify if it becomes necessary. The Mayor and
Council Member Scott issued recognition of appreciation certificates to those volunteers on the
Crime Prevention Task Force which were present and acknowledged that certificates would be
mailed to those not present. 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 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 the Concept for the 1997 Jefferson Street Reconstruction Project - North 6th Street to Railroad Tracks
COMMENTS: The City Manager stated that concept for the 1997 Jefferson Street
Reconstruction Project - North 6th Street to Railroad Tracks, started about 2 ½ years ago when
the City was identifying four specific areas in our Downtown that needed particular attention,
with West Jefferson Street district being one of them. She stated that the City had not made
capital expenditures to the West Jefferson Street district in the past due to timing of block grants
from the Federal Government. She further stated that the concept is to provide infrastructure
improvements that would bring about a revitalization in the businesses of the West Jefferson
Street district. The City Manager stated that the Public Works Director will give the concept
presentation and will address the concerns of the owners listed in the letter dated May 14, 1997
from the Downtown Partners, Inc. The Public Works director stated that 1997 Jefferson Street
Reconstruction Project - North 6th Street to Railroad Tracks is budgeted at $720,000 and that it is
projected that the City will take bids on July 9th and will award the contract on July 21st with the
actual construction beginning the first part of August. He stated that the design work for 1997
Jefferson Street Reconstruction Project - North 6th Street to Railroad Tracks is being done by
Poepping, Stone, Bach and Associates, Inc. He further stated that the 1997 Jefferson Street
Reconstruction Project - North 6th Street to Railroad Tracks project includes an increase in the
parking by about ten spaces, with diagonal parking on both the north and south side of the street
rather than just the south side; raised medians at the cross streets; separation of sanitary and
storm sewer; exposed aggregate sidewalk on both sides with some brick inserts highlighting and
setting off the exposed aggregate; decorative lighting (same lights as on the east end of Jefferson
Street); antique style benches constructed of wrought iron with some form steel seating in back
with a similar design in planters; two handicap parking spots in each block; and replacing current
sign at the Chamber of Commerce with a kiosk (four sided sign board). The Public Works
Director stated that the concerns that the City received in a letter from Downtown Partners, Inc.
were: that the City provide access to the parking behind Expert Tire off of Eighth Street that was
closed many years ago which the City sees no problem opening back up at least for the duration
of this the 1997 Jefferson Street Reconstruction Project - North 6th Street to Railroad Tracks;
Detour Signage will be used; the 1997 Jefferson Street Reconstruction Project - North 6th Street
to Railroad Tracks will be phased; media coverage will keep the public advised of the progress or
the access to the different businesses; Seventh Street closure will be eliminated from the concept
and will be left open; four-way stop at Eighth and Jefferson would not be a problem. The Public
Works Director stated that the 1997 Jefferson Street Reconstruction Project - North 6th Street to
Railroad Tracks is proposed to be done in two phases, the first being 6th Street extending just east
of the alley between Seventh and Eighth and not beginning the second phase until the street is
open and that how long the first phase takes will determine whether the second phase will be
done yet this fall or put off until the first thing next spring. He further stated that there are two
different types of coal bins that need to be either filled in or spanning the coal bins and making
the sidewalk be a roof to the coal bin. He stated that the difference in cost in filling and
constructing a walk is estimated at $96.00 per square yard, if we have to build a structural slab
that would serve as a roof then the cost would be an additional $20.00 per square yard. He
further stated that the City is proposing that if the affected property owners will block the coal
bins up, the City will fill them in as we do the project, if they are not willing or do not wish to
close them, the City feels the additional cost for construction should be borne by the property
owner. The City Manager stated that Downtown Partner's, Inc. had asked for increased Police
protection. The Police Chief stated that there is no indication that there would be an increase in
vandalism as there was no increase in vandalism during the reconstruction on the east end of
Jefferson Street. The City Manager stated that another concern of the Downtown Partners, Inc.
was increased enforcement of parking and that the City would take action on that
recommendation. The Mayor stated that the City Manager personally has the authority to alter
parking on a temporary basis. Dan Hoffman of 537 Summer Street stated that the property
owners did not get an invitation for the meeting and that he found out when he read it in the
newspaper. He suggested that the City do the 1997 Jefferson Street Reconstruction Project -
North 6th Street to Railroad Tracks in north/south phases rather than east/west, which would
leave one lane open, never having to completely shut down the street. He further stated that the
original Teska plan stated that the west end of Jefferson Street has potential for becoming a
major business area. He stated that stop lights should be put in because walkers crossing in a
busy intersection can be dangerous. He further stated that is stop lights are not put in now, to
build the street with conduit so they can be added later. The Public Works Director stated that
including conduit in the construction of the street would not be a problem. He stated his concern
with splitting the project down the center line of the street due to the separation of the sanitary
and storm sewer as well as safety concerns with pedestrian traffic. The Public Works Director
stated that there would be approximately a 50 foot overlap between the phases in the middle of
the 700 block of Jefferson Street, which is needed for equipment turn around. Council Member
Henry questioned if temporary sidewalk access would be provided to affected businesses so they
would not be shut completely down for a long period of time. The Public Works Director stated
that they would try to keep access to the businesses but that there would be times when that
would not be possible and that heavy rains could affect the timetable. Jerry Jochims of
Downtown Partners, Inc. stated that there is some vandalism in the Jefferson Street area and
questioned if any consideration had been given to vehicular access and egress to Superior
Ambulance and Ambassador Car Care Center. He questioned whether the $720,000 was still the
amount allocated for the 1997 Jefferson Street Reconstruction Project - North 6th Street to
Railroad Tracks since the Seventh Street portion is no longer included. The Public Works
Director stated that the $720,000 was a budget number which was not based on an actual
estimate that included specific items. He stated that no specific plan had been worked out with
Superior Ambulance or Ambassador Car Care Center, however the City has spoken with the
business owners and will try to provide temporary access but there will be times when the
concrete is being torn out and before the temporary access is created, and when the concrete is
being poured that there will not be access to them. Don Morgan 1517 S. 8th Street stated that he
never spoke with the Public Works Director regarding access to Superior Ambulance. The
Public Works Director stated that he spoke with Mr. Morgan about three weeks ago for about 10
minutes. He further stated that Superior Ambulance would be open on the west end for the first
phase, temporary access will be provided during phase II, however there would be some days that
access would not be available. Mark Dehner of 2424 S. Third Street stated that accessibility is a
must for customers as well as for trucks (semis) to back into the alley to deliver goods. He stated
that they like to help older people and ladies load heavy items into their vehicles, but this would
be difficult if they have to park far away from Dehner's. The Public Works Director stated that
Phase I is estimated to take 6 weeks, and Phase II is estimated to take 8 weeks if weather
cooperates. Council Member Scott questioned whether regular concrete or quick drying concrete
will be used. The Public Works Director stated that regular concrete was planned however if
quick drying concrete is used it would gain 4 days and there is a difference in cost. Council
Member Scott stated that 4 days could be a business owners profit for a year could be. Council
Member Henry stated that in the metro areas projects are done on two shifts to get work done
faster. The Public Works Director stated that they could bid the project with both kinds of
concrete for comparison as well as with two shifts for labor. Cliff Wilson of RR1 in Carmen
Illinois, downtown business owner, also expressed his concern with being shut down even for a
few days. Becky Shockley of 611 Jefferson stated that the 1997 Jefferson Street Reconstruction
Project - North 6th Street to Railroad Tracks was an excellent project and she questioned the
possibility of doing it in three phases instead of two. The Public Works Director stated that it
could be done in three phases but that cost is increased every time you add phases. Evelyn
Swearingen of 227 N. 7th, resident of downtown and a downtown business property owner,
stated if there was night construction if she would be able to get some sleep, and would the
lighting be affected. She stated that she would like to see the lines of communication open
between the property owners and the downtown businesses and the City. John Schaefer of 2709
Bittersweet Place, representing Fox Appliance and Kitchen Center, recommended that the City
set a time table for completion of the 1997 Jefferson Street Reconstruction Project - North 6th
Street to Railroad Tracks and stick as close to it as possible. Rob Brookhart of 834 Jefferson,
representing Mississippi Bakery, stated that he would like to see the second phase done in March
of 1998 rather than late in the fall which would create less problems with conditions for
employees of the Mississippi Bakery. He stated that he would like to see some kind of traffic
control on Eighth street to better enable semi trailer traffic coming into the alley of the
Mississippi Bakery. Deb Weeklund of Downtown Partners, Inc. suggested the area east of sixth
street have several parking spots on each side of the street be reserved for those businesses most
grossly affected in the 600 block of Jefferson. Tom Shockley of 513 Dunham stated that he
would like to see the parking time shortened during the 1997 Jefferson Street Reconstruction
Project - North 6th Street to Railroad Tracks and expressed appreciation that when completed,
there will be ten more parking spaces. Council Member Thomas stated that there was great
brainstorming during the concept hearing tonight to help find the best solutions to getting this
project done with the least amount of inconvenience to the property owners. The Mayor stated
that the City will notify the property owners of the plans and specifications hearing for the 1997
Jefferson Street Reconstruction Project - North 6th Street to Railroad Tracks. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
2. Statement: Consideration of the Plans and Specifications for the 1997 Division Street Paving
Extension - West Burlington Avenue to Broadway Street
COMMENTS: The City Manager stated that nothing has changed from the Concept of the 1997
Division Street Paving Extension - West Burlington Avenue to Broadway Street. She stated that
the funding will be paid mostly from TIF and some from Sales Tax. The Public Works Director
stated that the budgeted amount of the 1997 Division Street Paving Extension - West Burlington
Avenue to Broadway Street will be $1,085,000 with our current cost estimate being $850,000.
He stated that a small portion of the budgeted amount is being withheld for some additional work
needed when we get a concept put together for the Sports Complex. Council Member Henry
stated that currently the only private sector property owner involved is the Chamber of
Commerce. 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 Division Street Paving
Extension - West Burlington Avenue to Broadway Street
DISCUSSION: None.
(VOTE: 5 "AYES") ADOPTED
3. Statement: Consideration of the Concept for the 1997 Garden, Willow, and Lawn Paving
Improvements
COMMENTS: The Mayor stated that he has a conflict in the 1997 Garden, Willow, and Lawn
Paving Improvements project and that he will be sitting out in the audience and Don Henry will
chair this hearing. The Public Works Director stated the 1997 Garden, Willow, and Lawn Paving
Improvements is primarily a paving project with a small amount of storm sewer work to try to
improve some of the drainage areas. The 1997 Garden, Willow, and Lawn Paving Improvements
include the complete removal and reconstruction of Willow from West Avenue to Dill, complete
removal and reconstruction of Garden and Lawn from Willow to deadend west. He further stated
that the concrete in a portion of Garden is in fine shape and will be routed and resealed for
preservation. He stated that the proposal for both Garden and Lawn is the removal of 31 foot
wide paving and replacing with 27 foot wide paving and that Willow Street will remain 31 feet
wide because it is considered a collector street. He further stated that the Master Streets plan that
the City recently adopted indicates 27 foot width for local service streets. The Public Works
Director stated the 1997 Garden, Willow, and Lawn Paving Improvements will be done in five
phases with each phase being completed before beginning the next phase. He further stated that
the first phase will be Lawn west of Willow, the second phase will be Garden west of Willow,
the third phase will be the west half of Willow, the fourth phase will be the east half of Willow
the fifth phase would be for crack sealing on Garden east of Willow. Willow Street (third and
fourth phases) is wide enough to enable leaving the other half open to traffic, however there will
be some traffic restrictions during the other phases. The City Manager stated that the budgeted
amount of the 1997 Garden, Willow, and Lawn Paving Improvements is $546,000 would be
funded with a combination of road use tax and local option sales tax. The Public Works Director
stated that the driveways would have to be partially removed and replaced, including reseeding
the lawn, as part of the 1997 Garden, Willow, and Lawn Paving Improvements and not an
expense to the property owners. Ray Mendenhall of 2905 Lawn stated that there are
approximately 85 property owners affected by the 1997 Garden, Willow, and Lawn Paving
Improvements and wondered if the City could get a temporary lease from the farmer to go
through the edge of his field and come out to West Avenue and make it a one-way operation.
The Public Works Director stated that the City looked into that possibility but did not pursue it
because that the land is being farmed and because there was no way to get out of the field
without going through someone's yard. He further stated that a traffic control plan has not yet
been developed. He projected that there would be some type of flag control when Willow Street
is restricted to one way. Ray Mendenhall of 2905 Lawn stated that there were many property
owners that would be interested in a voluntary assessment to keep the width of the streets 31 feet.
The City Manager stated that cost estimate figures would be presented for the extra pavement to
be assessed in time for the hearing for the plans and specifications of the 1997 Garden, Willow,
and Lawn Paving Improvements. The Public Works Director stated that a rough estimate for the
assessment for the extra four foot of pavement would be $1,000 per household. Dean Moehn of
2924 Lawn stated that the paving project done on Greenbriar would be similar to the 1997
Garden, Willow, and Lawn Paving Improvements and that it looks very nice. Keith Erts of 2912
Garden stated that he would like an estimation as to how long Garden and Lawn would be closed
down. The Public Works Director stated 2 ½ to 3 weeks minimum. Keith Rosenberg of 2908
Garden stated that he was in favor of the 1997 Garden, Willow, and Lawn Paving Improvements
and that he would also like to see the streets remain 31 feet wide. He further stated that this
would be an opportune time to do something about the s-curve on Willow Street and to put a left
and right turning lane on Willow at West Avenue. Wayman Lipsey of 2928 Lawn stated his
preference of 31 foot wide streets. Jim Milani of 2924 Garden stated his concern as to whether
the City would move and replace the mailboxes. The Public Works Director stated that the City
would move and replace the mailboxes. Laverne Holeton of 1021 Willow stated that he wanted
to know what the City is doing to alleviate the water drainage. The Public Works Director stated
that the City will be adding two inlets at the intersection of Dill and Willow which will require
slightly lower pavements at the intersections to achieve drainage. He further stated that the City
does not anticipate getting into the right-of-way acquisition to do any improvements to the s-curve on Willow Street. Dennis Grizzle of 2924 Dill stated would there be parking on both sides
of the street if the street remained 31 feet. The Public Works Director stated that 31 foot width
still would not actually give enough room for parking on both sides of the street but on a dead
end street then parking on both sides could be allowed. John Kinney of 2913 Dill stated that he
wondered if the City had looked at the end of Aspen to go over toward Mason road as a
temporary access road. The Public Works Director stated that he was not sure if the Engineering
Department had checked that out, however that he would find out. Council Member Henry
stated that a temporary access through farm land could be quagmire if it rains a lot. Council
Member Scott stated that property owners would need to petition to the City in order to be
assessed to keep the streets 31 feet. Kay Bell of 2920 Garden stated her concern that fire trucks
cannot turn around now with the street being 31 feet. Betty Dehner of 2916 Garden stated that
she hoped the property owners would get a tax break for downgrading to 27 foot wide streets.
Dan Walker of 2804 Dill stated that he wanted to know when flags will be used to control traffic
on Willow Street. The Public Works Director stated that flag control would probably be used
when the traffic on Willow becomes one lane for more than a short period of time for at least a
full block. The City Manager stated that she hopes the City will remain consistent on street
policies as that was the purpose of adopting the Master Streets Plan. All present had opportunity
to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
RESOLUTIONS:
1. Resolution Approving Development Agreement Between the City of Burlington and Donald
Pierson, FHS Holdings, Inc., and First Church of the Nazarene for Right-of-Way Dedication
and Paving for the Mason Road Extension West of Highway 61
DISCUSSION: The City Manager stated that there has been one change to the Development Agreement Between the City of Burlington and Donald Pierson, FHS Holdings, Inc., and First Church of the Nazarene for Right-of-Way Dedication and Paving for the Mason Road Extension West of Highway 61 since being reviewed at the work session which came to the attention of one the affected property owners. The Development Director stated that the change was in reference to the fourth condition of the agreement referring to future water and sanitary sewer service. He stated that the change now reads that both sewer and water could be financed through hook-up fees in the future based upon a cost share, however such costs are not specifically formalized by this agreement. He stated that the previous language stated that it would basically be a cost share in the future. He further stated that the rest of the agreement is the same as previously presented: the dedication of 80 feet of right-of-way from Roosevelt to Howard at 80 feet in width at no cost to the City and the cost sharing 50/50 of the first phase of paving the 31 feet including curb and gutter and storm sewer. 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 Agreement with Metzger Johnson for Engineering Services for the
Design of Burlington Family Recreation Complex
DISCUSSION: The City Manager stated that since the last Council Meeting staff has been in contact with Metzger Johnson Associates for Engineering Services for the Design of Burlington Family Recreation Complex. She stated that the City used the contract with Snyder and Associates as the City's guide in negotiating the contract. The cost figure that was negotiated with Metzger Johnson was $2,300.00 less than that quoted by Snyder and Associates. She further stated that the City negotiated the same wetland fee of $17,650.00. Council Member Henry stated that the reason he had previously voted for another contractor was that he felt uncomfortable over riding the decision of the committee which was reviewing bids. He further stated that he had every confidence in Metzger Johnson. 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 Escrow Agreement with Winegard Company
DISCUSSION: The City Manager stated that Winegard Company will pay $287,857.00 into an escrow account, to be drawn upon by joint agreement of the two parties, to pay contractors for the reconstruction of Belmont and Vineyard Streets and additional sewer work. She stated that once this Resolution Approving Escrow Agreement with Winegard Company is passed that the escrow account would be immediately created tomorrow. She further stated that the City does agree to a settlement of $17,095.55 and that is a contribution the City will be making to the Winegard Company and that as a result of this escrow agreement, the City will drop the lawsuit. The Mayor stated that if Winegard were to have asked for planning expansion assistance it could have cost the City more than $17,000.00. Council Member Heland stated that in the future he hopes it does not cost the City $17,000.00 to do some conditional zoning when there is an expansion of an existing business in town. He stated that he hopes that the lesson learned would be for the City to not get in a hurry in making conditional zoning decisions. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 "AYES") ADOPTED
Adjournment: 10:04 p.m. Approved: June 23, 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 Clapsaddle-Garber Associates, Inc. for Design
Services for Intersection Improvements, West Burlington Avenue and Agency Street
2. Resolution Approving an Agreement Between the City of Burlington and the Shoquoquon
Boat Club, Inc., for the Installation of a 20 Stall Public Parking Lot
3. Resolution Providing for a Cafeteria Style Benefits Plan
4. Resolution Approving Outdoor Sales Area for Amera-Team Investments, Inc. dba/Jefferson
Street Cafe
5. Resolution to Amend Contract No. 5328, 1997 Parking Lot Repairs, Division I & II
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Amendment to the 1996-97 Budget (June 2, 1997)
2. Consideration of Plans and Specifications for the 1997 Garden, Willow and Lawn Paving
Improvements (June 2, 1997)
3. Consideration of An Ordinance Amending the Land Use Map and Municipal Zoning Map
and Title 17, Zoning Ordinance, of the City Code of the City of Burlington, Iowa, 1997, by
Rezoning the West Avenue Business Park Subdivision from "R-1A" One-family Residential
to the West Avenue Business Park P.U.D. (Planned Unit Development) (June 16, 1997)
4. Consideration of An Ordinance Providing for the Division of Taxes Levied on Taxable
Property within a Tax Increment Financing District Located in the Neighborhood
Development Program Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa
(June 2, 1997)
5. Consideration of Plans and Specifications for the 1997 Memorial Auditorium Banquet Room
Improvements (June 2, 1997)