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. 16
August 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
PROCLAMATIONS: Downtown Week - Dana Johnston
Congratulations to the 1998 American Little League 11 and 12 Year Old
Girls Softball Allstar Team
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: Eric Japsen of 2300 Burlington Avenue requested the removal of the Resolution Awarding Contract for the 1998 Residential Street Improvement Program for discussion at the end 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 West Avenue Sewer
Extension
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
West Avenue Sewer Extension with Council and the viewing audience. He stated that the
estimated cost of the project was $152,000.00. He stated that the project would be funded by the
sanitary sewer fund. He further stated that the City would recoup monies from future
connections to the sanitary sewer. He stated that bids would be received on September 9, 1998.
He further stated that the project would be awarded on September 21, 1998 and the project would
be completed prior to winter. Warren Fritz of 1257 West Avenue stated his concern that the City
would be encroaching on private property during construction. The Public Works Director stated
that construction would be within county right-of-way. 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 West Avenue Sewer Extension
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 1998 Saunderson Heights
Sidewalk and Park Improvements
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1998
Saunderson Heights Sidewalk and Park Improvements with Council and the viewing audience.
He stated that the estimated cost of the entire project was $55,000.00. He stated that the project
would be funded by sales tax monies and road use tax monies. He stated that bids would be
received on September 9, 1998. He further stated that the project would be awarded on
September 21, 1998. Dave Hanrahan of 1709 Oak Street questioned which fence would be
replaced. The Public Works Director stated that the fence located along Valley Street would be
replaced. Council Member Thomas stated his praise for 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 Approving Plans and Specifications for the 1998 Saunderson Heights Sidewalk
and Park Improvements
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of the Resolution of Necessity Providing for the Special Assessment
of the 1998 Sierra Drive Sanitary Sewer Extension Assessment Project
COMMENTS: The Public Works Director stated that property owners of the 1998 Sierra Drive
Sanitary Sewer Extension Assessment Project have waived publication and notice of the hearing
on the Resolution of Necessity. He reviewed the project with Council and the viewing audience.
He stated that the estimated cost of the project was $12,600.00. The Council commended the
property owners for seeing the need to hook up to the sanitary sewer. All present had opportunity
to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving the Resolution of Necessity Providing for the Special Assessment of
the 1998 Sierra Drive Sanitary Sewer Extension Assessment Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion for Final Adoption of an Ordinance Amending Chapter 17.16 of The Municipal
Zoning Code to Rezone 13.18 Acres, Located Directly East of The Hy-Vee Food Store #2,
3150 Agency Street From R-1b (One-family Residential) to C-2 (General Commercial)
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Amending Chapter 17.16 of the Municipal Zoning Code to Rezone 13.18 Acres, Located Directly East of the Hy-Vee Food Store #2, 3150 Agency Street from R-1B (One-Family Residential) to C-2 (General Commercial) from the last meeting. Council Member Henry requested that the Development Director review with Council and the viewing audience the review process of the Ordinance. The Development Director stated that at this time the Petitioner, Hy-Vee, Inc., has no plans or proposed use of the eastern and northern portions of the property and fully understands that prior to any development of any portion of those areas would require the formal amendment to the Conditional Zoning Ordinance through the public hearing process, including the site plan review and approval in full compliance with the provisions of the Ordinance and the City's Zoning, Subdivision, and Building related Codes and Ordinances. 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 to Receive and File Library Reports
DISCUSSION: The City Manager stated that the proposed Resolution provides that the Council would receive and file the library reports for review by the public. Elaine Baxter of 1016 North 4th Street requested the Council to receive and file the report from the Heritage Trust for Preservation and Restoration of Historic Burlington in regard to the restoring and expanding the Burlington Public Library. She presented to Council a letter from Patricia Anderson, Vice Chair of the Ad Hoc Library Committee requesting that the Council not receive and file the report from Frederick Schlipf as part of the official study of the library. She stated that Mr. Johnson of Johnson-Laskey firm found much of Mr. Schlipf's report to be beyond Mr. Schlipf's field of expertise. Justine Todd of 405 Barret Street stated her concern that the two new members who were appointed recently were on record prior to their appointment that they were in favor of building a new library. She stated that an ad-hoc committee needed to be appointed. Mary Ann Brown stated that the Library Board does not appoint its own members. She stated that the City Council appoints and approves the members of the Library Board. She stated that the Library Board was not stacking the deck in their favor. She stated that the Library Board was an advocate for library services. She stated that there was an citizen ad hoc committee in 1995-96. She stated that the Frederick Schlipf's report addresses questions that were unanswered by the Johnson Laskey Report. She urged Council to receive and file the Schlipf report. The City Manager agreed that Schlipf's report answered questions that were missing in the Johnson Laskey report. Council Member Edwards made a motion to amend the Resolution to Receive and File Library Reports to Include the Report submitted by the Heritage Trust for Preservation and Restoration of Historic Burlington in Regard to Restoring and Expanding the Burlington Public Library dated March, 1998. The motion died for lack of a second. Andy Anderson of 119 South Adams stated that the Council should accept those reports that the City paid for. Council Member Henry stated that if the two individuals writing the reports had a squabble that was not important to him. Council Member Wright stated that the architect and the library consultant could not agree thus the reports were worthless to him. He stated that the Heritage Trust Report was not commissioned by the Council and should not be received and filed. Diana Small of 1017 North 4th Street stated that she has served on many committees in which reports were created. She hoped that those reports were not thrown away. Dave Hanrahan of 1709 Oak Street disagreed with Council Member Wright's comments in regard to the reports being worthless. He stated that both reports had information that was needed. Council Member Edwards stated that he still felt the Heritage Trust report should be received and filed. He made a motion to amend the Resolution to Receive and File Library Reports to Include the Report submitted by the Heritage Trust for Preservation and Restoration of Historic Burlington in Regard to Restoring and Expanding the Burlington Public Library dated March, 1998. Council Member Henry seconded the motion. The motion to amend the Resolution failed with a two to three vote of the Council. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Motion To amend the Resolution to Receive and File Library Reports to Include the Report
submitted by the Heritage Trust for Preservation and Restoration of Historic Burlington in
Regard to Restoring and Expanding the Burlington Public Library dated March, 1998
DISCUSSION: None.
(VOTE: 2 - "AYES" SCOTT, EDWARDS
3 - "NAYS" HENRY, THOMAS, WRIGHT FAILED
3. Resolution Referring Library Studies to Library Board of Trustees
DISCUSSION: Council Member Henry read the Resolution Referring the Library Studies to the Library Board of Trustees to the viewing audience. Elaine Baxter, representing Heritage Trust for Restoration, thanked the Council for the second study of the library. She stated that an ad-hoc committee chose the firms for the second study which was fair. She stated that the Johnson Laskey firm was not Heritage Trust's first choice in doing the study. She reviewed the highlights of the Johnson Laskey report with Council and the viewing audience. Dan West of 118 Cottonwood Court stated that he was confused by the library issue. He stated that he disagreed with the Johnson Laskey firm which stated that the building should be renovated and restored on the present site. He stated that the library was an old building when he was a kid and it was still old. He stated that he did not understand why so many people loved the library. He commended the Council for doing the right thing. Andy Anderson of 119 South Adams stated that he would like to see expansion of the library services. He stated that the best solution was to follow the Johnson Laskey report and expand the present site over a twenty year period. Council Member Thomas stated that the Council was trying to do the right thing. He stated that the Council needed to endorse the Library Board of Trustees and let them come up with a fair and appropriate plan. Council Member Henry encouraged the Library Board of Trustees to take another look and be open minded. He stated that he received several phone calls questioning the integrity of individuals who volunteer their time to serve on the Library Board. He stated that things have become too personal. He stated that the Council and the citizens of Burlington need to look at what is best for the community. Council Member Edwards stated that the bottom line was expansion of library services. He stated that the library staff was very cramped for space. He urged citizens to stop in at the library and have Kay Weiss give them a tour of the facility. Council Member Wright stated that he supports the proposed Resolution as it does what the Council wants done. He stated that he would demand the Council make a decision after hearing back from the Library Board. Mayor Scott stated that he was confused over the issue as much as the citizens of Burlington. He encouraged the Library Board to move forward using the reports and their best judgement and plan to come to Council for funding of an expanded Library services. He further encouraged the Library Board to find a common ground and come together and work there to fill the needs of the community and library services. He stated that it will probably be a twenty year project at the pace it was going. He further encouraged the Library Board to address the needs of today and the next twenty years within the next three to four years. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Awarding Contract for the 1998 Residential Street Improvement Program
DISCUSSION: Eric Japsen of 2300 Burlington Avenue stated that he had spoken at the July 6, 1998 City Council meeting in opposition of the Voluntary Street Improvement Project, Burlington Avenue, Conrad to Pierson Court, Division III. He stated that he was informed by the Council at that time to put together a petition with 50% or more of the property owners opposed to the assessment. He stated that he received signatures from 19 of the 30 property owners. He stated that the petition was filed with the City Clerk on August 12, 1998. He challenged the Council to listen to the property owners and rescind the Voluntary Street Improvement Project, Burlington Avenue, Conrad to Pierson Court, Division III from the street assessment program. The City Manager reviewed the assessment process with Council. He stated that Council at the July 6, 1998 City Council had indicated that they would make a decision if Mr. Japsen would bring in a petition signed by the property owners. He further stated that the Burlington Avenue, Conrad to Pierson Court was 46% of the bid project, which would require the Council to rebid the entire street program and the removal of the project would have a major impact on the project cost. The Public Works Director reviewed the cost of the projects. He further stated that he had spoken with the contractor and he was not interested in the project if Burlington Avenue was eliminated from the program. He also stated that construction would be delayed or possibly carried over to Spring, 1999. Eric Japsen stated that he made an effort to inform the property owners prior to signing the petition that the bids had came in 30% lower than the preliminary assessment. Jim Weeklund of 2215 Burlington Avenue stated that it looked by the petition that his neighbors changed their mind in resurfacing Burlington Avenue. He questioned what the next step would be as the street was deteriorating. Mayor Scott stated that the Council would need to address the street program. The Public Works Director stated that the program was voluntary with the City providing for 75% of the cost. He stated that most assessments provide for the property owner paying for 65% of the cost of the project. Council Member Henry stated that he did not want to force a voluntary project down anyone's throat. Mayor Scott echoed Council Member's Henry comment. He further stated that he would vote against the Resolution awarding contract and would encourage staff to rebid the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "NAYS") FAILED
COMMENTS FROM AUDIENCE: Jim Weeklund of 2215 Burlington Avenue stated that the
Residential Street Program was a great program for the citizens of Burlington. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 9:33 p.m. Approved: September 8, 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 East/West Arterial, Phase I
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
PETITION:
1. Motion To receive and file petition from property owners of Sierra Drive requesting the City
of Burlington to extend the sanitary sewer portion of the 1998 Broadway Street Extension and
Sanitary Sewer Project approximately 400 feet to the east along the north side of Sierra Drive
and agree to voluntarily and at no cost to the City grant any easements necessary for
construction and maintenance of said sanitary sewer; and property owners of Sierra Drive are
knowledgeable of the probable costs and in the interest of expediency, hereby waive the notice
to property owners by publication and mailings as provided for in Section 384.50 of the Iowa
Code, and request the Council proceed to adopt a preliminary resolution, a plat, schedule, and
estimate, and resolution of necessity, and order preparation of detailed plans and specifications
2. Motion to Receive and File Petition from Property Owners Opposed to the Voluntary Street
Improvement Project, Burlington Avenue, Conrad to Pierson Court, Division III
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Amera-Team Investments, Inc. dba/Jefferson
Street Cafe for a Chili Cook Off
2. Resolution Approving Temporary Transfer of Liquor License for SAB, Inc. dba/Salvador's for
UAW Labor Day Bash
3. Preliminary Resolution for the Special Assessment of the 1998 Sierra Drive Sanitary Sewer
Extension Assessment Project
4. Resolution Ordering Notice to Waterworks Board of Trustees, Utility Companies and Property
Owners to Make, Repair, or Relocate Any Water or Other Utility Connections for the 1998
Sierra Drive Sanitary Sewer Extension Assessment Project
5. Resolution Determining the Valuation of Each Lot for the Special Assessment of the 1998 Sierra Drive Sanitary Sewer Extension Assessment Project
6. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the 1998 Sierra Drive Sanitary Sewer Extension Assessment Project
7. Resolution Awarding Contract for the 1998 Nancy Neafie Park Parking Lot Improvements
8. Resolution Approving Change Order for the Burlington Family Recreation Complex
9. Resolution Amending Resolution No. 97-268 To Authorize Use of Bond Proceeds for Family
Regional Sports Complex
10. Resolution Authorizing the Approval and Participation in a Joint Powers Agreement and Declaration of Trust for the Iowa Public Agency Investment Trust, Authorizing Investments Through the Fixed Term Automated Investment Program of IPAIT and Authorizing IPAIT to Designate and Name Depositories
11. Resolution Approving Final Acceptance of the Belmont Street and Vineyard Street Storm
Sewer, Sanitary Sewer and Paving Improvements
12. Resolution Approving A Cost Share Agreement between the City of Burlington and
Burlington Northern and Santa Fe Railroad Company to Upgrade the Railroad Crossing
Surface on Main Street
SET DATE FOR PUBLIC HEARINGS: September 8, 1998
1. Consideration of An Ordinance Amending Chapter 8.20 Fire Prevention Code of the Burlington Municipal Code
2. Consideration of An Ordinance Amending Sections 8.08.070 and 8.08.130 of Chapter 8.08
Garbage and Refuse Collection and Section 12.16.070 and Creating a New Section 12.16.100
of Chapter 12.16 Streets and Sidewalk Use Regulations of the Burlington Municipal Code
3. Consideration of Amendment to Fiscal Year 1998-99 Budget
4. Consideration of An Encroachment Agreement for Blimpies/Home Oil located on the
Southwest Corner of Main and Columbia Street