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. 33
May 3, 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:
* A Day of Prayer - Terry Vance
* National Association of Letter Carriers, and Local No. 222 Day - Max Lawson & Kathleen Hemmesch
* Municipal Clerks Week - Kathleen Salisbury
* School Board Recognition Week - Tom Courtney
PRESENTATIONS: * Ann Parks Human Rights Award: Pearl Payne and Ruth Ann
Sandrock
DISCUSSION: Mike McCullough and Jeff Heland of the Human Rights Commission stated that
annually the Human Rights Commission selects individuals to bestow the Ann Parks Human
Rights Award. They stated that the award is given in honor of the late council member, Ann
Parks. Jerry Parks, former husband of Ann Parks, stated that Ann was involved in human rights
issues and was instrumental in opening the battered women's shelter in Burlington. He stated
that Ann would have been proud of the work of the two individuals selected to receive the award.
Lois Blythe, last year's recipient, announced that awards would go to Pearl Payne who was
nominated by Justine Todd and Ruth Ann Sandrock who was nominated by Dave Vavroch.
Mayor Scott presented the awards. Pearl Payne thanked the Mayor, Council and the community.
She stated that she had worked tirelessly in raising funds for the City's youth and the J Street
Youth Center. Ruth Ann Sandrock expressed appreciation to Dave Vavroch, friends, and the
Human Rights Commission. Mayor Scott stated that Ruth Ann Sandrock was nominated by the
Kiwanis Club for her work in education by helping adults reach their educational goals. Council
Member Thomas stated that he was thankful for all of the hard work that the two ladies had done.
Kim Diehl, Recreation Coordinator, invited the Council and the community to the J Street Youth
Center for a reception in honor of Pearl Payne. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
* Check for the Restoration of the Statue of Liberty by Boy Scout
Pack No. 85, Den No. 6
DISCUSSION: Boy Scout Pack No. 85, Den No. 6 of Sunnyside School presented the Mayor and
Council with a check in the amount of $500.00 for the restoration of the Statue of Liberty. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
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
HEARING:
1. Statement: Consideration of An Ordinance Amending Chapter 17.16 of the Burlington
Municipal Code to Rezone Approximately 7 Acres of Land Located on the Northwest
Corner of Highway 61 and 71st Street, from R-1A (Single Family Residential) Zoning
District to C-1 (General Commercial) Zoning District, with Conditions
COMMENTS: The City Planner stated that the City received a request from Design Homes to
rezone approximately 7 acres of land located on the northwest corner of Highway 61 and 71st
Street form R-1a (single family residential) to C-1 (general commercial). He stated that Jeff
Irvine was the representative for Design Homes. He stated that Design Homes plans to display
12 modular homes at their site with one of the units being used as a sales office. He stated that
there would be no on-site storage of half-built homes. He reviewed with the Council and the
viewing audience the detailed landscape plan and the eight conditions to the proposed rezoning.
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
Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 7 Acres of
Land Located on the Northwest Corner of Highway 61 and 71st Street, from R-1A (Single
Family Residential) Zoning District to C-1 (General Commercial) Zoning District, with
Conditions
DISCUSSION: None.
(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 Vacating A Portion of Locust Street Right-of-Way,
Extending East of Main Street to Burlington Northern Santa Fe Railroad Property
DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance vacating a portion of Locust Street right-of-way, extending east of Main Street to the Burlington Northern Santa Fe Railroad Property was the previous meeting. He stated that the proposed Ordinance provides for the retention of necessary ingress/egress and utility easements located on right-of-way. He further stated that conveyance would be by quit claim deed and the cost would be negotiated. Mayor Scott made a motion to amend the motion for preliminary adoption of the second reading of the proposed Ordinance by waiving the second reading and to final adopt the Ordinance. Council Member Henry 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 Vacating A Portion of Locust Street Right-of-Way, Extending East of Main Street
to Burlington Northern Santa Fe Railroad Property to Provide for Waiver of the Preliminary
Consideration and Adoption of the Second Reading; and for Final Adoption 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: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion to Remove for Reconsideration the Tabling of the Motion of April 19, 1999 for the
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: Council Member Henry made a motion to remove for reconsideration the tabling of the motion of April 19, 1999 for the 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 Edwards 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 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 Tabled from the April 19, 1999 City Council Meeting
DISCUSSION: The City Manager briefly reported on the proposed 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 to the Council and the viewing audience. Dr. Ron Lee of 102 South 6th Street stated that many of his neighbors were elderly and many work 2nd and 3rd shift and are unable to attend the Council Meetings. He presented to Council letters from neighbors objecting to the proposed BMX track at Sixth and Division Street. Those who spoke in favor of the proposed Ordinance were as follows: Tony Ell of 1919 South Main Street; Jason Ward of 102 Melrose; Thomas Behne of 1611 South Street; Nathan Colburn of 702 Columbia; Cale Samberg of 405 Harrison; and Kelly Samberg of 405 Harrison Avenue. Many of those who spoke stated that there was a need in Burlington for a BMX track for the youth of Burlington where they could safely practice their jumps. John R. Sandell of 2803 West Avenue questioned what was the definition of a residential district. The City Manager stated that a residential district was simply a district with residential zoning. Council Member Henry made a motion to Amend Section 2b. of the proposed Ordinance which would restrict hours of operation and noise and not allow the use of a public address system at a track. Council Member Edwards seconded the motion. After considerable discussion and roll call vote the motion failed 2 to 3 with Mayor Scott and Council Members Edwards and Wright voting against the amendment. Council Member Henry then made a motion to Amend Section 2b of the proposed Ordinance which would increase the distance from 100 feet to 150 feet for placement of a non-motorized track. After considerable discussion and roll call vote the motion failed 1 to 4 with Mayor Scott, Council Members Edwards, Thomas and Wright voting against the amendment. Rose Lee of 1409 South 15th Street stated that usually after 10 p.m. in the evening police officers would be dispatched if there was a noise problem. Tony Ell of 1919 South Main Street stated that the proposed BMX track would have set hours that would coincide with Council Member Henry's motion that he plans to present to the Zoning Board of Adjustment. He stated that he plans to use an amplified sound for various events at the proposed site. Council Member Henry apologized to the public for hastily seconding the tabling of the Ordinance at the prior Council Meeting. He stated that he wanted to restrict the proposed Ordinance but was unable to receive support from the Council. He stated that he hated to tell the youth of the community to travel to Davenport to use their BMX track. He further stated that he would support the proposed Ordinance and he was not ready to prejudge the youth in the community that they will vandalize the area. Council Member Edwards stated that he received about the same number of calls both in favor and against the proposed BMX track. He stated that his number one concern was safety. Council Member Wright stated that his concern was also safety. Council Members Wright and Edwards stated that they were concerned with younger children having to cross the street to see the older youth ride their BMX bikes on the track. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
5. Motion to Amend Section 2b. of the Proposed 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: 2 - "AYES" HENRY, THOMAS
3 - "NAYS" EDWARDS, SCOTT, WRIGHT) FAILED
6. Motion to Amend Section 2b. of the Proposed 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: 1 - "AYE" HENRY
4 - "NAYS" EDWARDS, SCOTT, THOMAS, WRIGHT) FAILED
MOTION:
1. To Receive and File Letters from Concerned Property Owners Objecting to the Proposed
BMX Track at Sixth and Division Street
DISCUSSION: Council Member Wright made a motion to receive and file letters from concerned property owners objecting to the proposed BMX Track at Sixth and Division Street. Council Member Thomas seconded the motion. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: Tony Ell of 1919 South Main Street requested the Council
waive the second reading of the proposed 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 and to final adopt the
Ordinance. Mayor Scott stated that the Council had just approved the second reading and the
final adoption of the Ordinance would be scheduled for the May 17, 1999 Council Meeting. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 9:00 p.m. Approved: May 17, 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 Final Acceptance, Final Payment, and Partial Release of Retention
Monies for the 1997-1998 3rd & Washington Street Parking Ramp Extension
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Liquor License for The Beer Barrel on May 8,
1999
2. Resolution Rejecting All Bids for the 1999 Saunderson Heights Decorative Lighting Project
3. Resolution Awarding Contract for the 1999 Burlington Area Family Recreation Complex -
Batting Cages
4. Resolution Appointing City Treasurer of the City of Burlington
5. Resolution Approving Grant of Easement for the Burlington River Terminal
SET DATE FOR PUBLIC HEARING: (May 17, 1999)
1. Consideration of Amendment No. 4 to the 1998-1999 Fiscal Year Budget