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. 13
July 6, 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 Thomas requested the removal of the Resolution Authorizing An Encroachment Agreement for Curlie Mae's Classic Cafe, 918 Maple Street, for Placement of Grill and Entertainment Facility on the Public Sidewalk for a Three Year Period from the Consent agenda for discussion at the close of the meeting. Jerry Jochims, member of the board of Downtown Partners, Inc., requested the removal of the Resolution Authorizing An Encroachment Agreement for Burlington Linoleum and Tile, 603-605 Jefferson Street for Parking of One Vehicle on City Right-of-Way for a Three Year Period from the Consent agenda for discussion at the close of the meeting. Council Member Henry read aloud the items that remained on the Consent Agenda. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
PRESENTATION BY IOWA DEPARTMENT OF TRANSPORTATION (IDOT): An Award
for Most Improved Urban System of 1997
DISCUSSION: Council Member Henry introduced Kathryn Henning of the Southeast Iowa
Regional Planning Commission. Kathryn Henning received the award at the Iowa Public Transit
Conference in Iowa City and she was asked to present the plaque to the City of Burlington. Larry
Gantz, Administrative Assistant to the Public Works Director, accepted the award for Most
Improved Urban System of 1997. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
HEARINGS:
1. Statement: Consideration of $1,635,000 General Obligation Flood Control Improvement
Bonds
COMMENTS: The City Manager stated that the Flood Control Improvements between the Port
of Burlington Building and the Memorial Auditorium will include raising the seawall one foot,
raising the parking lot three feet, and beautification of the Riverfront. He further stated that the
$1,635,000 General Obligation Flood Control Improvement Bonds will be for four years and that
the City anticipates paying $453,100 annually for the debt. He further stated that the annual
payment will be made with Hotel/Motel tax, riverboat gambling revenues from the City and the
Burlington Area Development Corporation and the lease payments from Catfish Bend Riverboat
Casinos. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
Motion to Close CARRIED
Resolution Determining to Proceed with the Issuance of $1,635,000 General Obligation
Flood Control Improvement Bonds
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Resolution of Necessity for the 1998 Residential Street
Project, Williams, Hagemann to Plane, Division I Tabled from the June 15, 1998 City
Council Meeting
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
Residential Street Project, Williams, Hagemann to Plane, Division I with Council and the
viewing audience. He stated that the estimated cost of the project was $52,123 with $40,832
being the City's share, and $11,290 being assessed to the property owners. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity for the 1998 Residential Street Project, Williams, Hagemann to
Plane, Division I
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Resolution of Necessity for the 1998 Residential Street
Project, Orchard Place, Division II Tabled from the June 15, 1998 City Council Meeting
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
Residential Street Project, Orchard Place, Division II with Council and the viewing audience. He
stated that the estimated cost of the project was $63,646 with $50,279 being the City's share, and
$13,638 being assessed to the property owners. John Klein, 121 Orchard Place, spoke in favor of
the project but questioned the area near Harrison that fills with water and creates a slick spot.
The Public Works Director stated that the storm sewer drain should alleviate that problem. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity for the 1998 Residential Street Project, Orchard Place, Division
II
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of Resolution of Necessity for the 1998 Residential Street
Project, Burlington Avenue, Conrad to Pierson Court, Division III Tabled from the June
15, 1998 City Council Meeting
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
Residential Street Project, Burlington Avenue, Conrad to Pierson Court, Division III with
Council and the viewing audience. He stated that the estimated cost of the project was $168,905
with $134,765 being the City's share, and $34,140 being assessed to the property owners. Eric
Japsen, 2300 Burlington Avenue, spoke against the project and he stated that he felt a 61%
majority of property owners was not high enough to justify this assessment. He further stated his
concern that emergency access be maintained throughout the construction period. The Public
Works Director stated that emergency access would be maintained throughout the construction
period. Mayor Scott stated that they did not wish to force this project on anyone and that a new
petition generating a 51 majority against the project could be presented to the City Council prior
to awarding the contract. Jim Weeklund, 2250 Burlington Avenue, spoke in favor of the project.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution of Necessity for the 1998 Residential Street Project, Burlington Avenue,
Conrad to Pierson Court, Division III
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
5. Statement: Consideration of Resolution of Necessity for the 1998 Residential Street
Project, Alley Between Hagemann, Plane and Aetna to Amelia, Division IV Tabled from
the June 15, 1998 City Council Meeting
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
Residential Street Project, Alley Between Hagemann, Plane and Aetna to Amelia, Division IV
with Council and the viewing audience. He stated that the estimated cost of the project was
$46,564 with $35,686 being the City's share, and $10,878 being assessed to the property owners.
Gail Kerns, 410 Hagemann, spoke in favor of the project. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity for the 1998 Residential Street Project, Alley Between
Hagemann, Plane and Aetna to Amelia, Division IV
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
6. Statement: Consideration of Plans and Specifications for the 1998 Residential Street
Improvements, Division I to V
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
Residential Street Improvements for Gunnison, Agency to Plank - Division V only as Divisions I
through IV were reviewed during the respective hearings for the Resolutions of Necessity. He
stated that bids for the 1998 Residential Street Improvements, Division I to V would be opened
on August 5, 1998 that the project would be awarded on August 17, 1998. He further stated that
work could begin in early September. 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 Residential Street
Improvements, Division I to V
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTIONS:
1. Resolution Accepting Riverside Park
DISCUSSION: Council Member Henry stated that Charlie Walsh as well as other citizens and volunteers should be commended for their team effort to make the riverfront look nice. 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 Final Plat of the First Addition to Rieke Subdivision
DISCUSSION: The City Manager stated that there were no changes since the approval of the preliminary plat of the First Addition to Rieke Subdivision. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Authorizing An Encroachment Agreement for Curlie Mae's Classic Cafe, 918
Maple Street, for Placement of Grill and Entertainment Facility on the Public Sidewalk
for a Three Year Period
DISCUSSION: Council Member Thomas announced that he would abstain from voting on the Encroachment Agreement for Curlie Mae's Classic Cafe due to a conflict of interest. The City Planner stated that Curie Mae's Classic Cafe wishes to place a grill and entertainment facility on the public sidewalk. Jerry Jochims of Downtown Partners, Inc. questioned if this would be a permanent or temporary encroachment agreement. The City Planner stated that it would be temporary. Mary Baker, 320 S. 6th Street, spoke against the encroachment agreement due to loitering and loud music. Garry Thomas, 910 S. 12th Street, stated that Curlie Mae's Classic Cafe will only have entertainment on the weekends only and that it will be roped off with the 4 foot access requirement maintained. He also stated that the entertainment will be only one man singing the blues and maybe playing the guitar or harmonica and that the hours will be during the day ending around 5:00 p.m. He further stated that if this created problems, they would no longer have the entertainment. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" WRIGHT, EDWARDS, HENRY, SCOTT
1 - "ABSTAINED" THOMAS) ADOPTED
3. Resolution Authorizing An Encroachment Agreement for Burlington Linoleum and Tile,
603-605 Jefferson Street for Parking of One Vehicle on City Right-of-Way for a Three
Year Period
DISCUSSION: The City Manager stated that two petitioners have requested an encroachment
agreement for the same portion of right-of-way located behind the businesses on the south side of
Jefferson Street adjacent to the Sixth Street Bridge on ramp for parking one vehicle. He stated
that historically the City has entered into an encroachment agreement with adjacent property
owners only. Jerry Jochims, board member of Downtown Partner's, Inc., stated that he was
opposed to the Encroachment Agreement for Burlington Linoleum and Tile, 603-605 Jefferson
Street for Parking of One Vehicle on City Right-of-Way for a Three Year Period and suggests
that the City lease out the parking space. Council Member Henry made a motion to table the
Resolution Authorizing An Encroachment Agreement for Burlington Linoleum and Tile, 603-605 Jefferson Street for Parking of One Vehicle on City Right-of-Way for a Three Year Period
until the City Council has more information. Council Member Thomas seconded the motion.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
4. Motion to Table the Resolution Authorizing An Encroachment Agreement for Burlington
Linoleum and Tile, 603-605 Jefferson Street for Parking of One Vehicle on City Right-of-Way for a Three Year Period
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Adjournment: 8:48 p.m. Approved: July 20, 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, Final Payment, and Release of Retention Monies for the 1997 Dankwardt Park Pathways
- Resolution Approving Final Acceptance and Release of Retention Monies for the 1997
Overlay Project
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Service Area for Amera-Team Investments, Inc.
dba/Jefferson Street Cafe for Taste of Burlington, July 26, 1998
2. Resolution Approving Outdoor Service Area for Mary & Rich Butherus dba/Roederers for
Grand Opening Celebration on July 11, 1998
3. Resolution Approving Outdoor Service Area for the Tender Trap, Ltd.
4. Resolution Exercising An Option to Purchase Land Northwest and Adjacent to the
Burlington Regional Airport
5. Resolution Approving Change Order for the 1998 East/West Arterial, Phase II, Division II
SET DATE FOR PUBLIC HEARINGS: July 20, 1998
1. Consideration of Plans and Specifications for the 1998 Nancy Neafie Park Parking Lot
Improvements
2. Consideration of the Concept for the 1999 West Avenue Paving Improvements