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. 32
April 19, 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
PROCLAMATIONS: * National Teach Children to Save Day - Charlie Walsh
* Crime Victims' Rights Week - Pat Jackson
* Clean Out Your Files Day - Debbie Leone
* Youth Appreciation Week - Lyle Magneson
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 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
HEARINGS:
COMMENTS: The Public Works Director stated that the purpose of the 1999 Central Avenue
Overpass project was as follows: increase in rail traffic will cut City's main north-south arterial;
second most dangerous rail-vehicle intersection in the State of Iowa; high traffic volumes on
Central Avenue; increasing number of accidents on Sixth Street intersection; and pollution. He
stated that funding of the project would involve federal monies $3,450,000.00; railroad monies
$525,000.00; local monies $1,300,000.00. He stated that the City would be applying for more
funding for the project to lower the local portion. He stated that the Public Works Department
received many favorable comments in regard to the project at the January 7, 1999 input session.
Steve Jacobsen of NNW, Inc. reviewed the proposed concept of the project; air pollution data;
economic impact; reviewed how businesses will have access to their businesses; off-street
parking; and Hawkeye Sewer. He further stated that many of the area residents were in favor of
the project. Doug Martin of Tuthill Murray Turbo Machinery Division commended the Public
Works Director and Steve Jacobsen for their cooperation in keeping their downtown plant open.
He further stated that he would like to continue to keep negotiations open with the City. Larry
Rheinschmidt of 1100 Agency stated his objection to the project due to placing his business in a
dead-end location which will decrease his property value. The Public Works Director stated that
a prior appraisal of Larry Rheinschimidt's property and an appraisal after the project is completed
will need to be made and if the property value decreases the City will have to make up the
difference. Susan Diehl, representing DPI urged Council to provide for landscaping; exposed-aggregate concrete; see-through railing; use of pedestrian/bicycle overpass; and use of historic
lighting. Council Member Henry stated that he would like to see an open railing similar to the
Sixth Street Bridge railing. Debra Crees of 840-844 Washington Street stated her concern for
sewer, parking and access to her business during construction. The Public Works Director stated
that he was planning on meeting with the Crees. He stated that he did not expect a major impact
during construction and did not anticipate any sewer problems or access problems during
construction.
Motion to Close CARRIED
2. Statement: Consideration of Past Performance and Future Cable Related Needs
COMMENTS: The City Manager presented to the Council and the viewing audience the report
on the Cable Franchise Regulatory Ordinance and Cable Franchise Agreement with TCI which
gave the comparison of current and proposed regulatory ordinance and franchise agreement. He
stated that the third draft could be viewed in the office of the City Clerk. He stated that the
following current Cable Commission members were faithful in reviewing the Ordinance and the
agreement: John R. Sandell, Loren Stein, Kathleen Hemmesch, Ruth Ann Sandrock, and Mel
Schwartz along with former Cable Commission member, Gale Lawley. David Hanrahan of 1709
Oak Street stated that he would like to see updated Council and school agendas on the local
access channels. The City Manager stated that the City would not have more control on the local
access channel than the City did before. Council Member Henry stated that he would also like to
see TCI have the agendas up to date with correct spellings on the local access channel. John R.
Sandell, member of the Cable Commission, stated that Direct TV Satellite sales will help keep
cable TV rates down. Council Member Thomas stated that he would like to see more
programming for ethnic diversity. Council Member Henry stated that hearings on the Franchise
Ordinance and Agreement would be held on July 5, 1999. Council Member Edwards
commended the Cable Commission for a thorough job. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
3. Statement: Consideration of An Ordinance Vacating A Portion of Locust Street Right-of-Way, Extending East of Main Street to Burlington Northern Santa Fe Railroad Property
COMMENTS: The City Planner stated that the City received a request from The Hawk Eye to
vacate a portion of Locust Street right-of-way, extending east of Main Street to the Burlington
Northern Santa Fe Railroad Property. He stated that The Hawk Eye was planning for an
expansion of their building to the south of their property. He further stated that the proposed
Ordinance provides for the retention of necessary ingress/egress and utility easements located on
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
Motion for Preliminary Adoption of the First Reading of an Ordinance Vacating A
Portion of Locust Street Right-of-Way, Extending East of Main Street to Burlington
Northern Santa Fe Railroad Property
DISCUSSION: Council Member Henry stated that he would support the waiving of the second reading and for the final adoption of the proposed Ordinance at the May 3, 1999 Council Meeting should no one object to the proposed vacation. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Amending Sections 3.50.010 Created -
Composition and 3.05.040 E. and F. Powers and Duties of Chapter 3.50 Youth
Commission of the Burlington Municipal Code
DISCUSSION: The City Manager stated that the proposed Youth Commission Ordinance amends how youth members are selected to serve on the Youth Commission. He stated that members would be selected by an application process and appointment would be based on youth center membership and volunteer hours. He stated that all appointments would be made by the City Council. He further stated that the other change amends the location where the youth meet from Memorial Auditorium to the Youth Center. Council Member Henry made a motion to amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending Sections 3.50.010 Created - Composition and 3.05.040 E. and F. Powers and Duties of Chapter 3.50 Youth Commission of the Burlington Municipal Code to Provide for Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance Amending Sections 3.50.010 Created - Composition and 3.05.040 E. and F. Powers and Duties of Chapter 3.50 Youth Commission of the Burlington Municipal Code. Mayor Scott seconded the motion. 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.
(VOTE: 5 - "AYES") CARRIED
2. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Amending Sections 3.50.010 Created - Composition and 3.05.040 E. and F.
Powers and Duties of Chapter 3.50 Youth Commission of the Burlington Municipal Code
to Provide for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Amending Sections 3.50.010 Created -
Composition and 3.05.040 E. and F. Powers and Duties of Chapter 3.50 Youth
Commission of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Vacating Portion of Ordnance Court
Right-of-Way Located Between Columbia and Agency Streets
DISCUSSION: The City Manager stated that he received written comment from Walgreen's Attorney requesting the waiver of the second reading and for final adoption of the proposed Ordinance vacating a portion of Ordnance Court right-of-way located between Columbia and Agency Streets and for the proposed Ordinance Rezoning Lots 53 through 58 located in Flint Hills Manor. Attorney Tim Roberts of 524 North Main Street stated that he would be happy to answer any questions Council may have. Council Member Henry made a motion to amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Vacating Portion of Ordnance Court Right-of-Way Located Between Columbia and Agency Streets to Provide for Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance Vacating Portion of Ordnance Court Right-of-Way Located Between Columbia and Agency Streets. Mayor Scott seconded the motion. 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.
(VOTE: 5 - "AYES") CARRIED
4. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Vacating Portion of Ordnance Court Right-of-Way Located Between
Columbia and Agency Streets to Provide for Waiver of the Preliminary Consideration and
Adoption of the Second Reading; and for Final Adoption of An Ordinance Vacating
Portion of Ordnance Court Right-of-Way Located Between Columbia and Agency Streets
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Motion for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Amending Chapter 17.16 of the
Burlington Municipal Code to Rezone Approximately 2 Acres of Land, Lots 53 through
58 located in Flint Hills Manor at the Southeast corner of Roosevelt Avenue and Agency
Street from R-3 (Apartment Residential) to C-2 (General Commercial) Zoning District,
with Conditions
DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance rezoning Lots 53 through 58 located in Flint Hills Manor. Council Member Henry made a motion to amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 2 Acres of Land, Lots 53 through 58 located in Flint Hills Manor at the Southeast corner of Roosevelt Avenue and Agency Street from R-3 (Apartment Residential) to C-2 (General Commercial) Zoning District, with Conditions to Provide for Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 2 Acres of Land, Lots 53 through 58 located in Flint Hills Manor at the Southeast corner of Roosevelt Avenue and Agency Street from R-3 (Apartment Residential) to C-2 (General Commercial) Zoning District, with Conditions. Council Member Wright seconded the motion. 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.
(VOTE: 5 - "AYES") CARRIED
6. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone
Approximately 2 Acres of Land, Lots 53 through 58 located in Flint Hills Manor at the
Southeast corner of Roosevelt Avenue and Agency Street from R-3 (Apartment
Residential) to C-2 (General Commercial) Zoning District, with Conditions to Provide for
Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for
Final Adoption of An Ordinance Amending Chapter 17.16 of the Burlington Municipal
Code to Rezone Approximately 2 Acres of Land, Lots 53 through 58 located in Flint Hills
Manor at the Southeast corner of Roosevelt Avenue and Agency Street from R-3
(Apartment Residential) to C-2 (General Commercial) Zoning District, with Conditions
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
7. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Chapter 17.72 Special Use Regulations of the Burlington Municipal Code to Provide for
the Separation of Motorized and Non-Motorized Vehicles as Allowed Within the City of
Burlington
DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance
which Provides for the Separation of Motorized and Non-Motorized Vehicles. Attorney Tim
Roberts, representing Dr. Ron Lee, presented pictures of various dirt piles throughout Burlington.
He stated that St. Francis was concerned with noise due to having their windows open in the
summer due to no air-conditioning in their building. He questioned why under Section 2a. of the
proposed Ordinance it states within 2500 feet of any "residential district" and under 2b. of the
proposed Ordinance it states within 100 feet of any "residential unit". He further questioned
what was considered a bicycle trail. He urged Council to keep the non-motorized at 500 feet
instead of the proposed 100 feet. He further urged Council to think about the safety and the
aesthetic of the area. Dr. Ron Lee of 102 South 6th Street stated that there were gross
inconsistencies in the proposed Ordinance. He read a prepared statement stating his opposition
to the proposed Ordinance and urged Council to keep the non-motorized at 500 feet. Council
Member Henry questioned if there was an urgency in adopting the proposed Ordinance. The City
Manager stated that he saw no reason not to adopt the proposed Ordinance. Council Member
Thomas made a motion to Table the Motion for Preliminary Adoption of the Second Reading of
An Ordinance Amending Chapter 17.72 Special Use Regulations of the Burlington Municipal
Code to Provide for the Separation of Motorized and Non-Motorized Vehicles as Allowed
Within the City of Burlington. Council Member Henry seconded the motion. After roll call vote
Council Members Edwards, Henry, and Thomas voted in favor of tabling the Ordinance.
Council Member Wright and Mayor Scott voted against tabling the proposed Ordinance. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
8. Motion to Table the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Amending Chapter 17.72 Special Use Regulations of the Burlington
Municipal Code to Provide for the Separation of Motorized and Non-Motorized Vehicles
as Allowed Within the City of Burlington
DISCUSSION: None.
(VOTE: 3 - "AYES" EDWARDS, HENRY, THOMAS
2 - "NAYS" WRIGHT, SCOTT) CARRIED
9. Motion for Final Adoption of An Ordinance Establishing a New Chapter 13.22 of the
Burlington City Code, Establishing a Storm Water Utility System
DISCUSSION: Dave Hanrahan of 1709 Oak Street questioned if the facts and figures in Bob Murry's handout from the April 5, 1999 City Council meeting were correct. Mayor Scott stated that Mr. Murry's points were debatable. He stated that under Mr. Murry's proposal the City would end up with a 50 page fee structure. The Finance Director stated that he would have to do calculations on approximately 11,000 properties which would be too time-consuming. Council Member Wright stated that the establishment of a storm water utility system was fair and equitable. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
DISCUSSION: The City Manager stated that at the last work session Council provided staff with the amounts to charge for the storm water utility system fee schedule. The Finance Director reviewed with Council and the viewing audience the proposed fee schedule. He stated that the proposed fee schedule will generate the revenue the City was hoping for. John R. Sandell of 2803 West Avenue felt that residential property owners were paying too much compared to those who contribute more to the storm water utility system. He questioned if the Council would lower the fee schedule for residential from $1.00 per month to $.50. Mayor Scott stated that he was not pleased that he would be paying $5.00 per month for a small commercial property when a business owner with 24,999 square feet will also be paying $5.00 per month. Council Member Henry stated that Council will annually review the fee schedule. 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 Oak Hills Subdivision
DISCUSSION: The City Planner stated that the City received a request to subdivide property located in Des Moines County within the City's two-mile limits. He stated that the three resolutions on the agenda provide for the approval of the final plat of Oak Hills Subdivision; First Addition Oak Hills Subdivision; and Second Addition Oak Hills Subdivision. He stated that the two conditions to the final plats are as follows: all county subdivision regulations are enforced; and annexation of the subdivision into the City of Burlington will require the property owners to bring existing infrastructure associated with this subdivision into conformance with City standards. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Approving Final Plat of First Addition Oak Hills Subdivision
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Approving Final Plat of Second Addition Oak Hills Subdivision
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
5. Resolution Authorizing An Encroachment Agreement for Cookout Catering to Place a Grill on the Public Right-of-Way in Front of Firstar Bank
DISCUSSION: The City Manager stated that the City received a request from Cookout Catering to place a grill on the sidewalk in front of Firstar Bank during the summer. He stated that the City has also received a letter from Firstar Bank giving their approval of the local business placing a grill on the sidewalk in front of their business. He stated that the Resolution was placed on the regular agenda as requested by the Council at the last work session. He stated that last year Cookout Catering had an encroachment in front of Firstar Bank due to construction taking place on the west end of Jefferson Street which affected their business. Dana Garnjobst of Cookout Catering stated that their request was reasonable. Mayor Scott stated his concern for setting a precedent. He stated that most encroachments were for in front of one's business. The City Manager presented Council with recommended additions for special event encroachment agreements for stationary outdoor services that could be implemented. After considerable discussion by the Council, Council Member Henry suggested that Council vote in favor of the encroachment agreement as presented. He suggested that Council discuss the Mayor's concerns at a future work session. Deb Weeklund of Downtown Partners, Inc. stated that they were interested in having vending carts in the downtown area during non-event times. 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: John R. Sandell of 2803 West Avenue applauded the
Council for all the work they do with such little pay. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
Adjournment: 10:30 p.m. Approved: May 3, 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
NUISANCE ABATEMENTS
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contract for the 1999 CDBG Sewer Project, Phase III, Division I
2. Resolution Awarding Contract for the 1999 CDBG Sewer Project, Phase III, Division II
3. Resolution Awarding Contract for the 1999 CDBG Sewer Project, Phase III, Division III
4. Resolution Awarding Contract for the 1999 CDBG Sewer Project, Phase III, Division IV
5. Resolution Approving Purchase of An Atomic Absorption Spectrophotometer for the
Burlington Wastewater Treatment Facility
6. Resolution Approving Issuance of Taxicab License for Quality Cab Company, LLC
7. Resolution Approving Agreement with Dickinson Engineering, P.C. for Engineering
Consultant Services for the 1999 Agency and Roosevelt Reconstruction
8. Resolution Approving Renewal of Three Year Lease Agreement for the Operation of the
Iowa Store, Welcome Center, Port of Burlington Building
9. Resolution Approving Filing of An Application to the Iowa Department of Transportation
for Federal and State Operating Assistance for B.U.S. to Provide for the Projected
Receipt of Additional F.T.A. Funds
10. Resolution Approving Purchase of A Used 1998 Ford Crown Victoria for the Police
Department