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. 28
February 16, 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: Dr. Ronald Lee of 102 South 6th Street requested the removal of the Resolution of Support for Construction, Implementation, and Operation of a BMX Track on the City Property at Sixth and Division Streets from the consent agenda for discussion at the close of the meeting. Mayor Scott reviewed those items listed on the consent agenda. Council Member Henry listed the names of those individuals willing to serve on various boards and commissions. Council Members Henry and Thomas thanked those individuals willing to serve their community. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 "AYES") CARRIED
HEARING:
1. Statement: Consideration of Budget Amendment No. 3 to the 1998-99 Fiscal Year
Budget
COMMENTS: The City Manager stated that the budget amendment no. 3 totaled $2,451,372.00.
The Finance Director stated that amendment provided for the following: West Avenue Paving
Project; repayment of loan from BADCO; debt service from 1998 bond issue; and depot heating
project. He stated that the amendment brings the total budget to $41,989,426.00. Council
Member Henry questioned when the street lighting in the business parking would be completed.
The Public Works Director stated that he hoped it would be ready by the middle of summer. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Budget Amendment No. 3 to the 1998-99 Fiscal Year Budget
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Final Adoption 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: Council Member Henry introduced a motion to Amend Attachment "B" Mason Road Subarea Land Use Standards of the Mason Road Subarea. He stated that the amendment changes that land use designations from public schools to schools. Council Member Thomas seconded the motion. After roll call vote the motion was unanimously approved. Dennis Grizzle of 2924 Dill stated that the previous council meeting he had requested an amendment to the land use designations to exclude bars and liquor stores from the OC designation. He urged Council to make an amendment now during the land use process. Mayor Scott and Council Member Edwards stated that it was a zoning issue and should not be decided at this point in the process. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
2. Motion to Amend Attachment "B" Mason Road Subarea Land Use Standards of the
Mason Road Subarea
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Final Adoption 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: John R. Sandell of 2803 West Avenue stated that he was a member of the Facility Study Committee for the Burlington Community School District. He stated that the School District was still opposed to 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 City and the School Board has had several productive discussions concerning the issue. 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 Final Adoption 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: Mary Buhmeyer of 1513 Haskell questioned how large of an area consisted of the NC designation. The City Planner stated that the NC area in Mason Road Section 3 would consist of approximately one acre. 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 Final Adoption 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
MOTION/RESOLUTIONS:
1. Resolution Approving Final Plat of Deer Pointe Subdivision
DISCUSSION: Mayor Scott announced to the viewing audience that the developer of Deer
Pointe Subdivision has requested that the Resolution Approving Final Plat of Deer Pointe
Subdivison be tabled. He stated that the Council had indicated to the developer at the prior work
session that they were not pleased with the final plat. He further stated that the developer plans
to discuss various issues with City staff. Council Member Wright made a motion to Table the
Resolution Approving Final Plat of Deer Pointe Subdivision. Council Member Henry seconded
the vote. After roll call vote the motion was unanimously approved. All present had opportunity
to speak and nothing additional was filed in the office of the City Clerk.
2. Motion to Table the Resolution Approving Final Plat of Deer Pointe Subdivision
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Resolution Approving Preliminary Plat of Ertz Subdivision
DISCUSSION: The City Planner stated that Marilyn Ertz has petitioned for the preliminary plat of Ertz Subdivision which was approximately 2.17 acres of land located along the west side of Irish Ridge Road just north of Shamrock Drive. He stated that the proposed preliminary plat subdivides the tract of land into four residential lots. He stated that the petitioner understands the cost for public improvements of this development, per the Subdivision Ordinance and Comprehensive Plan, shall be paid by owners and developers of the land rather than the citizenry-at-large, and any deviation from this would require council review and approval. He reviewed with Council and the viewing audience the following: street lighting; streets and sidewalks; fire safety; sanitary sewer service; storm water; street access; and the five conditions of the preliminary plat. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution of Support for Construction, Implementation, and Operation of a BMX Track
on the City Property at Sixth and Division Streets
DISCUSSION: Dr. Ronald Lee of 102 South 6th Street stated that he had presented to the City Clerk a letter from himself and a petition from neighbors opposed to the proposed BMX track on City property located at Sixth and Division Streets. He stated that of all the neighbors he spoke with only one individual was in support of the proposed BMX track. He stated the following concerns: high traffic area; liability for the City; unattractive nuisance. He stated that he was not opposed to the BMX track, just the location of the BMX track. Mayor Scott stated that Dr. Lee and his neighbors will be able to express their concerns at the Zoning Board of Adjustment meeting. The City Manager stated that the Zoning Board of Adjustment will be meet on March 4, 1999 at 7 p.m. to discuss the special use permit and all neighbors will be invited to the hearing. Council Member Henry stated that the proposed BMX track plans that he has seen were not an eyesore. Council Member Thomas stated that he can understand Dr. Lee's concerns. He stated that the construction of a BMX track would show support for the youth of the community. Council Member Edwards stated that the BMX track should not be a dust problem. He further stated that with the City curfew and more police officers, there should not be problems as there has been in the past. 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: The City Planner clarified for Council and the viewing
audience that the proposed NC area for the Mason Road Subarea #3 was actually five acres and
not one acre. He stated that he believed that the number of acres had been mentioned at prior
readings of the Ordinance. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
Adjournment: 7:50 p.m. Approved: March 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 Authorizing Acquisition of Lot and Improvements at 1124 Valley Street
Under the Targeted Neighborhood Planning Program, Infill Development Plan
2. Resolution Approving Purchase of A 3/4 Ton Pickup Truck for the Parks Department
3. Resolution Approving An Agreement with RJN Group, Inc. to Accomplish Phase I of the
Hawkeye Sewer Separation Project
4. Resolution Approving An Agreement with Steinmaus Environmental Services, Inc. to
Accomplish an Environmental Assessment of the Central Avenue Overpass Project
SET DATE FOR PUBLIC HEARINGS: for March 1, 1999
1. Consideration of Fiscal Year 1999-2000 Budget
2. Consideration of Voluntary Annexation of Approximately 300 Acres Located South of
West Avenue, North of 71st Street, West of Highway 61 Extending One-Fourth Mile
3. Consideration of An Encroachment Agreement with MetroPlains Properties, Inc., Jack R.
and Nancy L. Hobbs and McArthur and Constance Coffin for property located at the
Intersection of Third Street and Market Street, known as the Archer Building
4. Consideration of An Ordinance Amending Chapter 2.36 Personnel Regulations of the
Burlington Municipal Code
APPOINTMENTS:
Zoning Board of Adjustment: Bill Glasgow
Civil Service Commission: Charles Brockett
City Planning Commission: Mary Shekleton
Historical Preservation Commission: Jim Ritters
Park Advisory Committee: Donald Gibbs
Low Rent Housing Agency: Jane Adams and Dennis Zegarac