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. 4
February 17, 1998
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Henry, Thomas and Wright, 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 Henry removed the Resolution Approving Agreement with RecTech, Inc. for Consulting Services for the Regional Family Recreation Complex from the consent agenda for discussion at the close of the meeting. 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 1998 Cascade Bridge Pier
Replacement & South End Repairs
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998 Cascade Bridge Pier Replacement & South End Repairs for the Council and the viewing audience. He stated that the budgeted cost for the north and south end of the bridge project was $100,000.00. He stated that the estimated cost of the project was $115,000.00. He stated that the project would be bid with alternates. He stated that bids would be opened on March 25, 1998. He stated that the project would be awarded by Council at the April 6, 1998 City Council meeting. He stated that construction would start the end of April 1998 or the first part of May 1998. Council Member Thomas questioned funding for the project. The Interim City Manager stated that funding for the project would come from sales tax monies and general obligation bonds. 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 1998 Cascade Bridge Pier
Replacement & South End Repairs
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 1998 East-West Arterial,
Phase II
COMMENTS: The Interim City Manager stated that a year ago the Council adopted the route for
the east-west arterial. He stated that the Council had also adopted the Master Streets Plan which
included the route for the east-west arterial. He stated that the route has been designed and
properties have been purchased for the construction of the route. The Public Works Director
reviewed the plans and specifications for the 1998 East-West Arterial, Phase II with Council and
the viewing audience. He further reviewed funding for the project. Mayor Scott stated that
special parking provisions need to be made for The Beat patrons during construction. The Public
Works Director stated that he would work with the owner of The Beat. Mayor Scott questioned
what the speed limit would be on the arterial. The Public Works Director stated that the speed
limit would be 35 miles per hour except in residential areas where it will be 25 miles per hour.
Those who spoke in regard to the project were as follows: Jean Davis, 1911 Mason; Dean
Burkhart of Haskell; Betty Raines, 1801 Page; Donna Beyer, 1816 Laurel; Jeff Heland, 200
Emmett; Susan Burkett, 2201 Mason Road; Nancy Kineer, 2216 Mason Road; Dave Conner,
2009 Mason Road; Dorothy Twillie, 1903 Summer Street; Rolland Kinneer, 2216 Mason Road;
Loren Walker, 2109 Mason Road; and Ed Mackey, 1220 Virgina. Many of those who spoke
were opposed to the east-west arterial being on Harrison Avenue. Many property owners urged
Council to use Barret Street, or the road behind Mason Road as the east-west arterial due to
safety reasons. Many property owners who spoke had various questions about construction of
the project, or felt that pedestrian walkways should not stop at Haskell Street, but should extend
to the sports complex. Council Member Wright stated that he has never been in favor of using
Harrison Avenue as the east-west arterial. He stated his concern for safety. Council Member
Thomas stated that all along he did not like using Harrison Avenue due to property owners
having to back out onto an arterial street. He stated that the first time he didn't vote for Harrison
Avenue as the arterial, and then changed his vote. He stated that he would again vote against
using Harrison Avenue as the east-west arterial. Council Member Henry stated that the project
has a long history. He stated that no one buys a home without knowing where their property ends
and the City right-of-way starts. He stated that the Council needed to look at the long range
benefits of the arterial. He stated that he favored Harrison Avenue as the east-west arterial. He
hoped that the Public Works Director would work with property owners along the route to
minimize concerns. The Interim City Manager reminded Council that staff had received
direction a year ago to draw up the plans and purchase properties for the east-west arterial route.
He stated that over $200,000.00 have been spent in acquisition and design. He stated that if the
route would have to be redesigned, the project would not be constructed this year. He stated that
regardless of where the Council approves the route they would hear the same comments as heard
from property owners at the meeting, but from a different neighborhood. Council Member
Edwards stated that he was opposed to using Harrison Avenue as the east-west arterial. Mayor
Scott stated that the previous Council had twenty-five hearings on the east-west arterial, and
came up with using Harrison Avenue. 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 1998 East-West Arterial, Phase II
DISCUSSION: Mayor Scott stated that 300 to 400 people have been put through a living hell for the last eighteen months with the previous Council trying to come to a consensus on using Harrison Avenue as the east-west arterial. He stated that development was dependent upon using the proposed route. He stated that there would be no way that the City would be able to keep the new section open with the condition that exists between Mason Road and Haskell. He stated that the new section would have to be closed. He stated that it would stagnate the development of the families that own properties on either side of the new portion of Mason Road. He stated that it was disappointing that the Council can not honor the decision and direction made by the previous council on a project of this nature. He stated that he understood where the Council Members were coming from as they heard the comments from property owners affected by the proposed route. He stated that the Council would be hearing from 2500 people tomorrow and the next day that were dependent upon the arterial for the development of the southern edge of town. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 2 - "AYES" HENRY, SCOTT
3 - "NAYS" EDWARDS, THOMAS, WRIGHT) FAILED
3. Statement: Consideration of An Encroachment Agreement with the Des Moines County
Regional Solid Waste Commission to Allow Directional Signs to be Placed on City
Right-of-Way at 1818 West Burlington Avenue
COMMENTS: The Development Director stated that the Des Moines County Regional Solid
Waste Commission has requested an encroachment agreement to allow for directional signs to be
placed on City right-of-way at 1818 West Burlington Avenue. He stated that the Commission
has agreed to the conditions of the encroachment. 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 with the Des Moines County
Regional Solid Waste Commission to Allow Directional Signs to be Placed on City
Right-of-Way at 1818 West Burlington Avenue
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of Concept for 1998 Riverfront Improvements, Phase III
COMMENTS: Martin Hugg of Metzger Johnson Architects reviewed the concept drawings for
the 1998 Riverfront Improvements, Phase III, which consisted of parking, lighting, new entrance
into Memorial Auditorium, new stage/observation deck, drop off canopy, marquee, veteran's
memorial, and water features. Shawna Lode of the Convention and Tourism Bureau questioned
if the drop off canopy would be large enough for a motor coach to maneuver around. Dave
Metzger stated that he would look at the drawings to make sure that the motor coach would be
able to maneuver around. John Sandell of 917 Willow encouraged Council to include the water
treatment in the base bid and not as an alternate. Scott Michael, Chairperson of the Convention
and Tourism Bureau Steering Committee and Friday Fest thanked Council for looking at
constructing a permanent stage as part of the plans. He stated that the stage would also be used
as a viewing platform. Jeff Heland of 200 Emmett stated that he had e-mailed his comments to
the City Clerk as part of the council record. He stated that he was the first person to submit his
views via e-mail to the City. He stated that Levy Park needed to be maintained as a park. He
stated that there were no trash receptacles along the riverfront for people to use. He urged
Council to build the water feature in the line of sight to Jefferson Street. He stated that Catfish
Bend should not have to fund the entire project. He stated that the Council could use CIP monies
for the project. He stated that he would like to see the lights at Levee Park match the other lights
along the riverfront. He stated that showers, restrooms, fish cleaning area, and dumpsters were
needed at the riverfront. He stated that the canopy and marquee, and walkway were very much
needed. Dan Kiehl, General Manager of Catfish Bend Casino, stated that he was glad to see
Council moving forward with the project. He stated that the waterfront feature would be a good
improvement to the riverfront. Marty Walsh of 1211 Lynnwood stated that he would like to see
the Veterans Memorial placed at the northeast corner of Memorial Auditorium. Dave Metzger
urged Council to think about the sacredness of the proposed location of the Veterans Memorial
being placed too close to the water feature. The Council gave Metzger Johnson Architects the
following direction on the project: proceed with the south boat ramp Levee Park parking, similar
lighting as lights by the north of the Port of Burlington building; raising the parking lot; stage
observation deck; plantings, trash receptacles, railings, investigate a tie off for the riverfront,
water features; location of Veteran's Memorial all as part of the base bid. He stated that
alternates would include west building access modifications to Memorial Auditorium, drop off
canopy, and marquee. All present had opportunity to speak and nothing additional was filed in
the office of the City Clerk.
Motion to Close CARRIED
ORDINANCES:
1. Motion for Final Adoption of An Ordinance Repealing Chapter 12.48 Pedestrian Mall
and Creating a New Chapter 12.48 Downtown Street Scape
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Motion for Final Adoption of An Ordinance Creating Chapter 3.46 of the Burlington
Municipal Code to Establish the Regional Family Recreation Complex Advisory
Committee
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Final Adoption of An Ordinance Adopting the 1997-2016 Comprehensive
Strategic Plan, Per Title 414 Iowa Code, and Title 3.16 City Code, of the City of
Burlington, Iowa
DISCUSSION: The Development Director stated that he received clarification of the changes to the 1997-2016 Comprehensive Strategic Plan from former Council Member Jeff Heland. He stated that the changes were basically dramatical and not policy changes. Mayor Scott congratulated staff for their tremendous job on the comprehensive plan. He further congratulated all the volunteers who also worked on the comprehensive plan. Council Member Henry urged the Development Director to draft a letter from the Council to the volunteers thanking them for their work. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS/MOTION:
1. Resolution Providing that Ordinance No. 3081, Amending Title 17, Zoning, of the
Burlington Municipal Code by Creating Chapter 17.65 to Provide for the Creation of
Two-Mile Zoning in the Area of Unincorporated Des Moines County, Adjacent
Immediately to the Burlington City Limits Not Be Published And Be Null and Void
DISCUSSION: The Interim City Manager stated that staff was requesting that the Council not publish the Ordinance which provides for two-mile zoning in the area of unincorporated Des Moines County. He stated that the County was in the process of adopting zoning withing two to three miles of the City. He stated that he recommended that a letter be sent under the mayor's signature to the Chairman of the Board of Supervisors stating it's the City's position that the County approval of 2-3 mile zoning was the first step in the adoption of the County wide Comprehensive Plan. He stated that the City Attorney has concerns with the action that the County is only zoning within two miles of the City. He stated that the City Attorney has spoken with the County Attorney and they are doing some research. He stated that staff was recommending that the City pursue an Attorney General's opinion as to whether or not the County can only rezone two miles legally. He stated that if the City would publish their Ordinance and then the County would adopt their zoning Ordinance, the County's Ordinance would supercede the City's Ordinance. The Development Director stated that the County's Ordinance was very thorough and thought out. He stated that their Ordinance was a positive step in the right direction. Council Member Henry stated that the City has held the zoning Ordinance over the County's head for the past year. He questioned if the Council would void their Zoning Ordinance and find out that the County's Ordinance was not legal, if the Council would have to go through three readings of the Ordinance again. The Interim City Manager stated that the Council would have to go through the three readings of the Ordinance. Mayor Scott stated that there was sincerity in the part of the County Board to pass a two mile zoning Ordinance. He further stated that he had every confidence in the County Board that they will get the job done. Council Member Wright also stated that he had good faith in the County Board. 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 RecTech, Inc. for Consulting Services for the
Regional Family Recreation Complex
DISCUSSION: Council Member Henry stated that the Council had approved the members to the
Regional Family Recreation Complex Advisory Committee on the consent agenda. He stated
that he would like the committee to review the agreement with RecTech, Inc. for consulting
services for the Regional Family Recreation Complex at its first meeting. He made a motion that
the Resolution Approving Agreement with RecTech, Inc. for Consulting Services for the
Regional Family Recreation Complex, Be Tabled. Council Member Wright 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 that the Resolution Approving Agreement with RecTech, Inc. for Consulting
Services for the Regional Family Recreation Complex, Be Tabled
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Adjournment: 9:57 p.m. Approved: March 2, 1998
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
- Resolution Approving Final Acceptance, and Release of Retention Monies for the 1995
Burlington Northern Railroad Building Renovation Project
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTION:
1. Resolution Approving An Amendment to the Collective Bargaining Agreement between
the City of Burlington and Local 828 of the American Federation of State, County and
Municipal Employees, AFL-CIO July 1, 1997 - June 30, 2000
2. Resolution Awarding Bid for Police Vehicles for the Burlington Police Department
3. Resolution Awarding Purchase of Vehicle for the Public Works Department, Engineering
Division
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Budget for Fiscal Year 1998-1999 (March 2, 1998)
2. Consideration of Bond Issue, Sports Complex (March 2, 1998)
3. Consideration of An Ordinance Amending Chapter 17.16 to Rezone Approximately one (1)
acre, located at the southeast corner of Madison Avenue and Koestner Street, from C-2
"General Commercial" with conditions to C-1 "Commercial" to allow for the construction of
a Branch Bank (March 16, 1998)
4. Consideration of An Ordinance Amending Chapter 17.16 to Rezone 1.53 Acres, located at
820 Osborn Street from M-1 "Light Industrial" and R-3 "Apartment Residential" to C-2
"General Commercial" to allow the construction of a storage building for McCann
Mechanical Inc. (March 16, 1998)
APPOINTMENTS:
Parent Responsibility Task Force: Don Harter, Merry Ford, Tracy McCampbell, Ed Mackey, Garry Thomas, Mike Edwards, Sally Price, and Sergeant Paul Carl
Regional Family Recreation Complex Advisory Committee: Kele Harris, Ron Williams, Lyle Rosson, Shawn Cushman, Ted Gutman, Chuck Kershner, Keith Bloomquist, and Ron Mason