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. 27
February 1, 1999
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: Mayor Scott reviewed those items listed on Item I., Consent Agenda for the viewing audience. Council Member Henry reviewed those individuals being appointed and reappointed to various City boards and commissions. John R. Sandell of 2803 West Avenue requested the removal of the Resolution Waiving the Right-of-Way Management Fees for McLeod USA to Provide Iowa Communications Network Service to the Burlington Public Library 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 the Plans and Specifications for the 1999 West Avenue,
Howard to Augusta, PCC Replacement
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1999
West Avenue, Howard to Augusta, PCC Replacement with Council and the viewing audience.
He stated that the City had budgeted $270,000.00. He stated that the estimated cost of the project
was $252,196.00 without contingencies. He stated that the project would be funded as follows:
$170,000.00 local option sales tax monies; and $100,000.00 road use tax monies. He stated that
bids would be received on February 17, 1999 and the project would be awarded on March 1,
1999. Mayor Scott stated that the project was very much needed. 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, Howard to
Augusta, PCC Replacement
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 1999 Plane Street
Reconstruction and Sewer Improvements
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1999
Plane Street Reconstruction and Sewer Improvements with Council and the viewing audience.
He stated that the project would consist of improvements on Plane Street from Dill Street to
Green Street. He stated that the City had budgeted $130,000.00 for the project. He stated that
the project would be funded as follows: $30,000.00 local option sales tax; and $100,000.00 road
use tax monies. He stated that bids would be received on February 17, 1999 and the project
would be awarded on March 1, 1999. He stated that the City would also be bidding as an
alternate the separation of the storm and sanitary sewer in that area. He stated that if the sewers
were not separated during the project it would be done during one of the Hawkeye Sewer
Projects. He stated that the project should take approximately 40 working days and an extra 10
working days for the alternate work. 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 Plane Street Reconstruction
and Sewer Improvements
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second 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: The Development Director reviewed the Mason Road Subarea land use plan and land use standards with the Council and the viewing audience. Those who spoke in regard to Subsection One were as follows: John R. Sandell, of 2803 West Avenue; Dean Burkhart of 1616 Haskell; Charlie Buhmeyer of 1513 Haskell; Dennis Grizzle of 2924 Dill; Mary Buhmeyer of 1513 Haskell; and Attorney Bill Cahill representing Helen Diewold. Many of those who spoke felt there should be a buffer between office commercial and residential; concerned with maintenance of the buffers; requested that bars and liquor stores be restricted from the office commercial designation; and that parks are listed as a permissible use under the Airport land use standards. Council Member Henry made a motion to Amend Attachment "B" Mason Road Subarea Land Use Standards of the Mason Road Subarea with the Addition of Parks as a Permissible Use Under the Airport Land Use. Mayor Scott seconded the motion. After roll calls vote the motion was approved four to one with Council Member Wright voting against the amendment. Council Member Henry stated that it was fair to developers to show what the Council will or will not allow in each classification. Council Member Thomas agreed with Council Member Henry. Council Member Wright stated that it bothered him that the City was telling developers what they can or cannot build on their properties. He stated that the decision should be left with the Planning Commission. Mayor Scott stated that the definitions of the land use standards were broad enough, yet shows developers what is not allowed in different areas. He felt the City was not tying anyone's hands. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
1. Motion to Amend Attachment "B" Mason Road Subarea Land Use Standards of the
Mason Road Subarea with the Addition of Parks as a Permissible Use Under the Airport
Land Use
DISCUSSION: None.
(VOTE: 4 - "AYES" SCOTT, THOMAS, EDWARDS, HENRY
1 - " NAY" WRIGHT) CARRIED
3. Motion for Preliminary Adoption of the Second 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: The Development Director reviewed the land use plan for Mason Road Subarea, Subsection Two with Council and the viewing audience. Those who spoke in regard to Subsection Two were as follows: Gary Cheeley, of 2500 Mason Road; and Tom Courtney of 2200 Summer Street. Gary Cheeley stated that his home was surrounded by office commercial, he questioned if there would be some type of buffer. The Development Director stated as developers make proposals, they would need to have some type of buffer. Tom Courtney stated that the Burlington Community School District was against extending Willow Street through the eastern third of school property. He stated that the School District has plans for a middle school on their property. Mayor Scott stated that the exact placement of Willow Street has not been decided upon. He stated that the plan was flexible. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
4. Motion for Preliminary Adoption of the Second 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: The Development Director reviewed the land use plan for Mason Road Subarea, Subsection Three with Council and the viewing audience. Those who spoke in regard to Subsection Three were as follows: John R. Sandell of 2803 West Avenue; and Mary Buhmeyer of 1513 Haskell. John Sandell stated that the land use standard refers to public schools. He suggested that the Ordinance be amended to refer to schools in general. Mary Buhmeyer stated that she objected to "NC" Neighborhood Commercial in a residential area. Mayor Scott stated that the Council discussed the issue at their last work session and the designation of "NC" Neighborhood Commercial was a logical location for subsection Three. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
5. Motion for Preliminary Adoption of the Second 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: The Development Director reviewed the land use plan for Mason Road Subarea, Subsection Four with Council and the viewing audience. Those who spoke in regard to Subsection Four were as follows: Gary Cheeley of 2500 Mason Road; Randy Brackett of 1502 Haskell; Sandy Agnew of 1504 Haskell; Ruthann Sandrock of 1600 Haskell; John R. Sandell of 2803 West Avenue; and Mary Buhmeyer of 1513 Haskell. Many of those who spoke stated their concern for a public works facility being built; and concern with the "M-1" Light Industrial District. Council Member Henry stated that the Council needed to think about what was best for the taxpayers throughout the community. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution Waiving the Right-of-Way Management Fees for McLeod USA to Provide
Iowa Communications Network Service to the Burlington Public Library
DISCUSSION: John R. Sandell of 2803 West Avenue questioned if McLeod USA was being exclusively used by the State of Iowa. He also questioned if McLeod USA could run the communications network services to City Hall or the Police Station. The City Manager stated that the State of Iowa has contracted with McLeod USA for this project. The Public Works Director stated that McLeod USA could run the communications network services to City Hall or the Police Department for an additional cost to the City. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" SCOTT, THOMAS, WRIGHT, EDWARDS
1 - "NAY" HENRY) ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 9:10 p.m. Approved: February 16, 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
Resolution Approving Revised Final Payment and Revised Release of Retention Monies for the
1998 Nancy Neafie Park, Parking Lot Improvements
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Final Acceptance for the West Avenue Business Park Subdivision
Paving, Stormwater, and Sanitary Sewer Improvements
2. Resolution Authorizing Repayment of a Loan from BADCO for Street Construction
Purposes
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Budget Amendment No. 3 to the 1998-99 Fiscal Year Budget (February
16, 1999)
2. Consideration of Plans and Specifications for the 1999 CDBG Sewer Project, Phase III
(March 1, 1999)
APPOINTMENTS:
Cable Service Commission: Kathleen Hemmesch and Mel Schwartz
Flint Hills Golf Course Advisory Committee: Scott Zaiser
Human Rights Commission: Sharon Bennett and Alta Blair
Emergency Management Commission: Dave Wunnenberg