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. 26
January 19, 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: * Crime Stoppers Month - Mike Hoffman
* Jaycee Week - Jay Day
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: Mayor Scott reviewed those items listed on Item I., Consent Agenda for the viewing audience. 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 Ordinance No. 3101 Establishing
the Comprehensive Strategic Plan for the City of Burlington As Required Per Chapter
3.16 of the City Municipal Code - The Amendment is to Establish a Land Use Plan for
the Area Identified Herein as Subsection One (1) of Four (4) Subsections To Be Known
All Together As the Mason Road Subarea Identified by the Area Bordered by West
Avenue on the North, U.S. Highway 61 to the West, Hagemann Avenue to the East and
the Airport to the South
COMMENTS: The Development Director reviewed the land use process and the Mason Road
Subarea land use standards, and development issues with Council and the viewing audience. The
City Manager stated that the Plan Commission had broken down and approved the Mason Road
Subarea into four subsections. He stated that staff was presenting four Ordinances for the four
subsections to be known all together as the Mason Road Subarea. Those who spoke in regard to
Subsection One were as follows: Bill Cahill, Attorney representing Helen Diewold; Dave
Wolbert of 2928 Dill; Gary Cheeley, 2500 Mason Road; Tom Courtney representing the
Burlington School District. Attorney Bill Cahill stated that the proposed land use of his client's
property was impractical and requested that it be identified as commercial or office-commercial.
Gary Cheely requested that the area bordering his property be designated as residential use and
not office-commercial. Council Member Henry made a motion to Amend Attachment "A" of
Subsection One (1) of Four (4) Subsections to be Known All Together as the Mason Road
Subarea to change the land use from MDR** to OC (Office Commercial) and Designate the
Green Space on the North and East Side of the Area. Council Member Edwards 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.
Motion to Close CARRIED
Motion to Amend Attachment "A" of Subsection One (1) of Four (4) Subsections to be
Known All Together as the Mason Road Subarea to change the land use from MDR** to
OC (Office Commercial) and Designate the Green Space on the North and East Side of
the Area
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Motion for Preliminary Adoption of the First Reading of An Ordinance Amending
Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of
Burlington As Required Per Chapter 3.16 of the City Municipal Code - The Amendment
is to Establish a Land Use Plan for the Area Identified Herein as Subsection One (1) of
Four (4) Subsections To Be Known All Together As the Mason Road Subarea Identified
by the Area Bordered by West Avenue on the North, U.S. Highway 61 to the West,
Hagemann Avenue to the East and the Airport to the South
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Statement: Consideration of An Ordinance Amending Ordinance No. 3101 Establishing
the Comprehensive Strategic Plan for the City of Burlington As Required Per Chapter
3.16 of the City Municipal Code - The Amendment is to Establish a Land Use Plan for
the Area Identified Herein as Subsection Two (2) of Four (4) Subsections To Be Known
All Together As the Mason Road Subarea Identified by the Area Bordered by West
Avenue on the North, U.S. Highway 61 to the West, Hagemann Avenue to the East and
the Airport to the South
COMMENTS: The Project Coordinator reviewed the proposed land use for subsection two of the
Mason Road Subarea with Council and the viewing audience. Those who spoke in regard to
subsection two were as follows: Tom Courtney representing the Burlington Community School
District; John R. Sandell of 2803 West Avenue; Dennis Grizzle of 2924 Dill; and Gary Roberts
of 1104 Aspen. Tom Courtney stated that the planned extension of Willow Avenue south to
Mason Road could render approximately 14 acres of school district owned property useless. He
stated that the property may be used for a future elementary or middle school. The City Manager
reminded Mr. Courtney that the School District platted the property with a through street on May
6, 1987. He stated that Willow was built as a collector street. John R. Sandell stated that since
the comprehensive plan calls for a park that possibly the City could swap land with the school
district. Mayor Scott stated that Mr. Sandell was correct in stating that the City would be
purchasing property for a park at some point. Council Member Edwards and Wright stated that
the Council needed to plan accordingly and would need to start working with the School Board
now. There was also concern that Aspen Street would become a through street and that
commercial properties would be next to homes located on Dill Street. Council Member Wright
stated that there would be a buffer between office-commercial and residential. He stated that the
buffer would be maintained by the developer. 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
Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of
Burlington As Required Per Chapter 3.16 of the City Municipal Code - The Amendment
is to Establish a Land Use Plan for the Area Identified Herein as Subsection Two (2) of
Four (4) Subsections To Be Known All Together As the Mason Road Subarea Identified
by the Area Bordered by West Avenue on the North, U.S. Highway 61 to the West,
Hagemann Avenue to the East and the Airport to the South
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of An Ordinance Amending Ordinance No. 3101 Establishing
the Comprehensive Strategic Plan for the City of Burlington As Required Per Chapter
3.16 of the City Municipal Code - The Amendment is to Establish a Land Use Plan for
the Area Identified Herein as Subsection Three (3) of Four (4) Subsections To Be Known
All Together As the Mason Road Subarea Identified by the Area Bordered by West
Avenue on the North, U.S. Highway 61 to the West, Hagemann Avenue to the East and
the Airport to the South
COMMENTS: The Development Director reviewed the proposed land use for subsection three of the Mason Road Subarea with Council and the viewing audience. Those who spoke in regard to subsection three were as follows: John R. Sandell of 2803 West Avenue; Gary Cheeley of 2500 Mason Road; Mary Buhmeyer of 1513 Haskell; and Frank Johnson of 1704 Haskell. Many of those who spoke urged Council to keep the land use residential. There was also concern that the proposed walkway/bike trail would cross a busy arterial street. It was suggested by Mary Buhmeyer to move the walkway/bike trail area next to Mason Road and the residential area.
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
Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of
Burlington As Required Per Chapter 3.16 of the City Municipal Code - The Amendment
is to Establish a Land Use Plan for the Area Identified Herein as Subsection Three (3) of
Four (4) Subsections To Be Known All Together As the Mason Road Subarea Identified
by the Area Bordered by West Avenue on the North, U.S. Highway 61 to the West,
Hagemann Avenue to the East and the Airport to the South
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration of An Ordinance Amending Ordinance No. 3101 Establishing
the Comprehensive Strategic Plan for the City of Burlington As Required Per Chapter
3.16 of the City Municipal Code - The Amendment is to Establish a Land Use Plan for
the Area Identified Herein as Subsection Four (4) of Four (4) Subsections To Be Known
All Together As the Mason Road Subarea Identified by the Area Bordered by West
Avenue on the North, U.S. Highway 61 to the West, Hagemann Avenue to the East and
the Airport to the South
COMMENTS: The City Manager stated that currently the staff's opinion for subsection four is to
leave the proposed land use as designated by the Plan Commission as airport. He stated that the
Council was presently looking at three sites that could be used for a public works facility. He
stated that should Council decide to build the proposed public works facility in subsection four of
the Mason Road Subarea, the Council could then amend the proposed Ordinance at a later date.
Those who spoke in regard to subsection three were as follows: Dean Burkhart of 1616 Haskell;
Bill Glasgow of 1608 Haskell; Mary Buhmeyer of 1513 Haskell; John R. Sandell of 2803 West
Avenue; Tom Zelsdorf of 831 South Leebrick; Gary Cheeley of 2500 Mason Road; Randy
Brackett of 1502 Haskell; and Dick Lowe of 124 Polk and member of the Planning Commission.
Many of those who spoke thanked the Council for leaving subsection four designated as airport.
It was also suggested that a park was needed in subsection four. John R. Sandell stated that
Attachment "B" to the proposed ordinance which list the land use standards did not have the
airport designation listed. The Development Director stated that he would be making an
amendment at the second reading of the Ordinance to make that adjustment. Many of those who
spoke stated that they did not want to see the public works facility located in subsection four.
Council Member Wright and Thomas stated that the Council would be looking for the best site
and would make the best decision. Council Member Wright and Henry stated that they did not
want to see any more houses built along the airport. 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
Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of
Burlington As Required Per Chapter 3.16 of the City Municipal Code - The Amendment
is to Establish a Land Use Plan for the Area Identified Herein as Subsection Four (4) of
Four (4) Subsections To Be Known All Together As the Mason Road Subarea Identified
by the Area Bordered by West Avenue on the North, U.S. Highway 61 to the West,
Hagemann Avenue to the East and the Airport to the South
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Statement: Consideration of the Plans and Specifications for the 1999 West Avenue
Street Reconstruction Project
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1999
West Avenue Street Reconstruction Project. He stated that the project would involve one mile of
reconstruction on West Avenue from west of Westland to Garfield. He stated that the estimated
cost of the project was $1,380,000.00. He stated that the funding for the project would include
$707,000.00 grant, $200,000.00 in local option sales tax monies and the remaining monies from
general obligation essential purpose bonds. He stated that the Iowa Department of
Transportation would receive bids on March 16, 1999. He stated that the project would
commence May, 1999 and should be completed approximately October, 1999. He stated that
fifteen trees would have to be removed with an additional four to five smaller trees being
relocated. He further reviewed with Council and the viewing audience the seven phases of the
project. Those who spoke in regard to the project were: David Hanks of 841 South Garfield;
John R. Sandell of 2803 West Avenue; Dick Lloyd of 902 South Leebrick; Teresa Ita of 2101
West Avenue; Jim Sudbeck of 900 South Garfield; Tom Zelsdorf of 831 South Leebrick; and
Jerry Amenell of 914 South Leebrick. Many of those who spoke were against the turning lanes
and questioned if turning lanes were needed now that Mason Road has cars traveling on it and
they were also concerned for safety of children walking to and from school. Mayor Scott urged
the Public Works Director to take another traffic count on West 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 1999 West Avenue Street
Reconstruction Project
DISCUSSION: Council Member Henry stated that as long as citizen Paul Hemann can remember, West Avenue has been an arterial street. He stated that the purpose of an arterial street is to move vehicles. He further stated that he would like to see the properties affected by the construction to be seeded for grass and landscaping restored. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Approving Final Plat for El Segundo Estates First Addition
DISCUSSION: The Project Coordinator reviewed with Council and the viewing audience the final plat of El Segundo Estates First Addition. He stated that the property was located in Des Moines County and the petitioner wishes to subdivide the existing property into two lots of record. He stated that it should be noted that the plat originally did not comply with the County Subdivision Ordinance. He stated that on December 3, 1998 the Des Moines County Zoning Board of Adjustment approved a variance from the minimum lot size to allow the subdivision to occur. He recommended the approval of the plat with the stipulation that the subdivision meets all the guidelines of the County Subdivision Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: Bill Glasgow of 1608 Haskell stated that the construction of Mason Road has taken some of the traffic off of West Avenue. He thanked the Public Works Department, Streets Division for the excellent job they did on snow removal during the January snowstorm. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 11:50 p.m. Approved: February 1, 1999
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
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Contract for Performance of A Fire Station Relocation Study
2. Resolution Approving Amendment Number 4 to the Collective Bargaining Agreement
Between the City of Burlington, Iowa and Local Association 301 of the International
Association of Firefighters, AFL-CIO July 1, 1997 - June 30, 2000
3. Resolution of City Support and Sponsorship for an ISTEA Grant - Burlington Area Bike
Trail
4. Resolution Authorizing Acquisition of Lot and Improvement at 1424 Smith Street Under
the Targeted Neighborhood Planning Program, Infill Development Plan
5. Resolution Approving Urban Revitalization Tax Exemptions Pursuant to Chapter 404 of
the State Code of Iowa
SET DATE FOR PUBLIC HEARINGS: February 1, 1999
1. Consideration of the Plans and Specifications for the 1999 West Avenue, Howard to
Augusta, PCC Replacement
2. Consideration of Plans and Specifications for the 1999 Plane Street Reconstruction and
Sewer Improvements
3. Consideration of Budget Amendment No. 3 to the 1998-99 Fiscal Year Budget
APPOINTMENTS:
Historical Preservation Commission: Alan Christensen
RecPlex Advisory Committee: Lyle Rosson