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. 6
March 16, 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
PROCLAMATION: Youth Art Month - Trevor Hanel
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: Scott Smith of 122 Grand Street requested the removal of the Resolution Awarding Contract for the 1998 Police Department Heating & Air Conditioning, Phase II 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 An Ordinance Amending Chapter 17.16 of the Municipal
Code to Rezone 19.00 Acres Located Approximately 1/4 Miles East of the Intersection of
Gear Avenue and West Avenue, from R-1A (One-Family Residential) to P.U.D. (Planned
Unit Development)
COMMENTS: The Development Director reviewed the Ordinance to rezone 19.00 acres located
approximately 1/4 miles east of the intersection of Gear Avenue and West Avenue from R-1A
(One-Family Residential) to P.U.D. (Planned Unit Development). He stated that the 19 acres
would be subdivided into four lots which would consist of the following: an assisted living
facility, health center, and medical clinic, and a senior housing complex. He reviewed with
Council and the viewing audience the street and sewer improvements, buffering requirement,
architectural review requirement, and signage. He stated that Dr. Bedi was not available for
questions, but Mrs. Bedi was in attendance and could answer any questions. Warren Fritz of
12157 West Avenue Road questioned the type of berming that would be used. The Development
Director stated that the landscape and berming would be reviewed by the Development
Department to determine that it would screen the property effectively. 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
Chapter 17.16 of the Municipal Code to Rezone 19.27 Acres Located Approximately 1/4
Miles East of the Intersection of Gear Avenue and West Burlington Avenue, from R-1A
(One-Family Residential) to P.U.D. (Planned Unit Development)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Statement: 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"
with conditions to allow for the construction of a Branch Bank
COMMENTS: The Development Director stated that the City has received a request from
Farmers and Merchants Bank to rezone approximately one acre of property to allow the
construction of a branch bank. He stated that the site would be located at the southeast corner of
Koestner Street and Madison Avenue. He stated that Farmers and Merchants Bank would like to
place an automatic teller machine (ATM) on the property now, and then in the future develop a
branch bank on the site. He reviewed the site plan and the six conditions with Council and the
viewing audience. He stated that the Plan Commission unanimously approved the rezoning.
Charlie Walsh of 1619 River and President of Farmers and Merchants Bank and Trust, stated that
freestanding automatic teller machines were located across the United States. He stated that the
Burlington City Code requires that there must be a bank constructed in order to place a
freestanding ATM. The Development Director stated that the petitioner has eight years to
complete development of the bank, or the ATM would have to be removed. He stated that at the
present time staff was not recommending an amendment to the City Code changing that policy.
The Police Chief stated that he did not see any traffic control problems with the construction of
the ATM or bank. Mayor Scott stated that a bank on the south side of town was very much
needed. Council Member Wright stated that he would like to see the City Code amended in the
future to allow better service for citizens through the use of freestanding automatic teller
machines. 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
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" with conditions to allow for the construction of a Branch Bank
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: 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" with conditions to allow the construction of a
storage building for McCann Mechanical Inc.
COMMENTS: The Development Director stated that the City has received a request from James
McCann of McCann Mechanical, Inc. to rezone approximately 1.53 acres of property located
behind 820 Osborn Street. He stated that the property was presently zoned M-1(Light Industrial)
and R-3 (Apartment Residential). He stated that the rezoning request was for the property to be
rezoned to C-2 (General Commercial). He stated that the petitioner was requesting the rezoning
to construct a storage building and parking area for materials and vehicles associated with his
contracting company located at 820 Osborn Street. He further reviewed the site plan and the nine
conditions to the Council and viewing audience. The City Manager stated that the conditions to
the rezoning request had not been executed by the petitioner, so the Council would need to
continue the hearing to the next regular scheduled City Council Meeting. Council Member
Wright made a motion that the Public Hearing regarding 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" with conditions to
allow the construction of a storage building for McCann Mechanical Inc. be continued to the next
regular scheduled City Council Meeting. Council Member Henry seconded the motion. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion that the Public Hearing regarding 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" with
conditions to allow the construction of a storage building for McCann Mechanical Inc. be
continued to the next regular scheduled City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration of Filing of an Application to the Iowa Department of
Transportation for Federal and State Operating Assistance for BUS
COMMENTS: The Director of Public Works stated that the purpose of the public hearing was to
make public the City's intent to apply for financial assistance through the Iowa Department of
Transportation enumerating approximately $116,689.00 in STA funds, $55,375.00 in federal
operating funds, $83,000.00 for purchase of a replacement bus and $260,160.00 in STA special
project monies to fund the apportioned share of a new Public Works facility that will house the
bus fleet, the dispatcher and the Transit Manager. He stated that the Resolution directs the City
Manager to sign and submit the application. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Filing of an Application to the Iowa Department of Transportation
for Federal and State Operating Assistance for BUS
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Awarding Contract for the 1998 Police Department Heating & Air
Conditioning, Phase II
DISCUSSION: Scott Smith, Sales and Marketing Manager for Millard Company, stated that his company had placed a bid on the 1998 Police Department Heating and Air Conditioning, Phase II project. He stated that in their total bid they had included $18,000.00 for a temporary cooling system, which would be needed during the transition period from the old cooling system to the new one. He stated that the temporary cooling system was not included in the bid specifications, but his company had included it in their base bid on their knowledge of the building and experience. He urged Council to table action so that City staff could review the bids. The Public Works Director stated that Millard Company had included in their bid something that was not requested in the specifications. He further cautioned Council that if they would award the project to someone other than the low bidder they could be held liable. The City Manager suggested that in the future bidders should list any extras as an addendum. He stated to the Council that they make the final decision, but warned them of legal ramifications should they not award the project to the low bidder. After discussion by the Council the project was unanimously awarded to the Ryan and Associates, Inc. in the amount of $350,200.00. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Adjournment: 8:25 p.m. Approved: April 6, 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
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENT
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by the
City of Burlington, Iowa; Establishing Compliance with Reimbursement Bond
Regulations Under the Internal Revenue Code
2. Resolution Approving the Restoration of 1980 Hendrickson/General Pumper for the
Burlington Fire Department
3. Resolution Awarding Contract for the Regional Family Recreation Complex
4. Resolution Approving Agreement with Burlington Baseball Association, Inc. for Use of
Community Field for Midwest League Baseball Games
5. Resolution Authorizing Southeast Iowa Regional Planning Commission to Act As
Authorized Representative Regarding The Hazard Mitigation Planning Project Grant
6. Resolution Approving Local Match for the Hazard Mitigation Grant Program
7. Resolution Approving Purchase of a Garbage Truck for the Solid Waste Department
SET DATE FOR PUBLIC HEARING: APRIL 6,1998
1. Consideration of a CDBG/Home Application, Flint Hills Manor
APPOINTMENTS:
ISTEA Technical Advisory Committee: Ron Knoke and Larry Gantz