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. 31
April 5, 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
PROCLAMATION: National Library Week - Kay Weiss
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: John R. Sandell of 2803 West Avenue stated that he was interested in the construction schedule for the 1999 West Avenue Street Reconstruction Project listed on the consent agenda. The Public Works Director stated that the 1999 West Avenue Street Reconstruction Project would be constructed in seven phases with the project completed in September or October 1999. He stated that the preconstruction conference will take place in a couple of weeks and he would have more information later. Mayor Scott reviewed those items listed on the consent agenda. Council Member Thomas requested the removal of the Resolution Approving Issuance of Taxicab License for Quality Cab Company, LLC 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 Plans and Specifications for the 1999 Saunderson Heights
Decorative Lighting Project
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1999 Saunderson Heights Decorative Lighting Project with Council and the viewing audience. He stated that the project would consist of the installation of twenty-one decorative lights in the Saunderson Heights area. He stated that the estimated cost of the project was $67,500.00. He stated that funding for the project would consist of road use tax monies and sales tax monies. He stated that bids would be received on April 21, 1999 and the project would be awarded on May 3, 1999. Andy Anderson, president of Saunderson Heights Neighborhood Association, stated that the lights would help connect the neighborhood with the downtown and would also help with safety issues in the neighborhood. He stated his thanks on behalf of the Saunderson Heights Neighborhood Association to the City Manager and the City Council for their leadership and commitment in the neighborhood. Mayor Scott stated that he was very proud of the neighborhood. He stated that the neighborhood had accomplished a lot of work in a short period of time. Council Member Thomas echoed Mayor Scott's comment. He stated that he was looking forward to the implementation of the second targeted neighborhood. He further
stated his appreciation to the Development Director and his staff for coordinating the
neighborhood. Council Member Henry challenged the City Manager and staff to get the ball
rolling on the implementation of the next targeted neighborhood. 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 Saunderson Heights
Decorative Lighting Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration 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
COMMENTS: The Youth Coordinator reviewed with Council and the viewing audience the
proposed changes to the Youth Commission Ordinance. She stated that the Ordinance amends
how youth members are selected to serve on the Youth Commission. She stated that members
should be selected by an application process and appointment would be based on youth center
membership and volunteer hours. She further stated that all appointments would be made by the
City Council. She stated that the other change amends the location where the youth meet from
Memorial Auditorium to the Youth Center. The City Manager stated that the selection process
would be closely monitored. 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
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. Statement: Consideration of An Ordinance Vacating Portion of Ordnance Court Right-of-Way Located Between Columbia and Agency Streets
COMMENTS: The Public Works Director reviewed the proposed Ordinance vacating a portion
of Ordnance Court right-of-way located between Columbia and Agency Streets with Council and
the viewing audience. He stated that the proposed vacation was necessary to vacate property to
Walgreens for the construction of a new Walgreens at the site. 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 Portion
of Ordnance Court Right-of-Way Located Between Columbia and Agency Streets
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration 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
COMMENTS: The Development Director reviewed with Council and the viewing audience the
proposed Ordinance rezoning 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. He further reviewed the
proposed access to Agency; screening; buffering; and raised parking lot islands. He stated that
the four conditions to the rezoning were as follows: site development shall be consistent with the
site plans as submitted and illustrated on the Site Plan and Building Elevations; approval of a
detailed Landscape Plan and Screening Plan to effectively screen residential properties to the
south and east, including screening of all mechanical/HVAC, and service areas from adjoining
properties and roadways; restricting free-standing signage along Agency Street (east access) to
one (1) ground mounted brick sign with changeable copy; and meeting any and all additional
City Code requirements as applicable. Tim Roberts, Attorney for Walgreens, stated that the
proposed new Walgreens store would be very similar to the new store in Galesburg, Illinois. He
stated that Walgreens has agreed whole heartedly to the extra landscaping. He stated that the
building and landscaping would be a very attractive addition to the neighborhood. He stated that
the proposed new Walgreens store would include a drive-through for prescriptions. He stated
that Walgreens has no plans to close their 9th Street location at this time. Council Member Henry
stated that the project would be a nice addition to Burlington. Council Member Thomas stated
that the City's Comprehensive Plan states that the City will continue to assist local businesses in
their expansions. The Development Director stated that when the project is completed it could
be used by the Council as a standard for future commercial developments. 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 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
5. Statement: Consideration 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
COMMENTS: The City Manager stated that the proposed Ordinance provides for the separation
of motorized and non-motorized vehicles and their placement of tracks near homes as allowed
within the City of Burlington. He stated that the proposed BMX track brought the Ordinance
amendment to light. The City Planner stated that the current City Code groups motorized
vehicles such as race cars and motorcycles with non-motorized craft such as roller skates or
bicycles and restricts tracks from being located within 500 feet of a home in a district zoned
residential. He stated that the proposed Ordinance amendment provides for the separating of
motorized vehicles from non-motorized vehicles and restricts vehicle tracks from being located
within 2,500 feet of a home while restricting non-motorized vehicles to 100 feet from a home in
a residential district. He stated that a public pedestrian and/or bicycle trail or trail facility shall be
exempt from this requirement. Tim Roberts, Attorney for Dr. Ron Lee, stated that due to safety
issues and aesthetics it would not make sense to construct a BMX track within 100 feet of any
residential unit. He urged Council to keep the non-motorized vehicles at 500 feet of any
residential unit which would allow for a better buffer for small children passing by. Council
Member Edwards stated that it was more risky to a child to walk along a sidewalk on a busy
street than by a non-motorized track. Dr. Ron Lee of 102 South 6th Street questioned why the
Ordinance amendment was being brought up now after being 500 feet for so many years. Mayor
Scott stated that while the Council was reducing the non-motorized requirement, it was
increasing the motorized distance. He stated that 100 feet was not unreasonable. Council
Member Henry stated that he agreed with the proposed changes except the 100 foot requirement,
which he would like to discuss further with Council. He further stated that he would vote in
favor of the first reading of the Ordinance, but not to count on him automatically voting yes on
the following readings of the Ordinance. 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 17.72 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: 5 - "AYES") CARRIED
6. Statement: Consideration of An Encroachment Agreement with A. Y. McDonald to
Allow for Seven Parking Stalls within City Right-of-Way
COMMENTS: The City Planner stated that the proposed encroachment agreement with A. Y. McDonald Supply Company located at 2830 Mt. Pleasant Street provides for the removal of a concrete base and sign from the City's right-of-way and also allows A. Y. McDonald Supply Company to maintain the seven parking spaces presently located within the City's 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
Resolution Approving An Encroachment Agreement with A. Y. McDonald to Allow for
Seven Parking Stalls within City Right-of-Way
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Establishing a
New Chapter 13.22 of the Burlington City Code, Establishing a Storm Water Utility
System
DISCUSSION: Mayor Scott stated that the City Clerk had received written comments from the Burlington Community School District and Robert O. Murry in regard to the proposed Storm Water Utility Ordinance, which will be included as part of the public record. The Finance Director stated that there were no changes to the proposed Ordinance from the prior reading. He stated that Council would be reviewing the proposed fee schedule at their next work session. Council Member Henry made a motion to Amend Section 13.22.040 Fees of the Proposed Ordinance Establishing a New Chapter 13.22 of the Burlington City Code, Establishing A Storm Water Utility System. He stated that the amendment would add the following language: Such fees shall be reviewed annually, shall be sufficient to meet only the next year's projections of costs enumerated in Section 13.22.020 above, and shall be established only after specific review of the enumerated costs as projected. He further stated that once the storm sewer system is in place it will always have ongoing maintenance costs. Council Member Wright seconded the motion. After roll call vote the motion was unanimously approved. Council Member Wright stated that he was glad that the Council did not add a sunset clause to the fee schedule as there would always be maintenance costs. John R. Sandell of 2803 West Avenue questioned if the proposed Storm Water Utility fee was a tax or a fee. The Finance Director stated that the Storm Water Utility fee was the fairest way to the public to implement the fee. He stated that the fee schedule would place the burden on those that use it the most. 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 Section 13.22.040 Fees of the Proposed Ordinance Establishing A New
Chapter 13.22 of the Burlington City Code, Establishing A Storm Water Utility System
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Resolution Approving Issuance of Taxicab License for Quality Cab Company, LLC -
Tabled
DISCUSSION: Council Member Thomas made a motion to Table the Resolution Approving
Issuance of Taxicab License for Quality Cab Company, LLC. He stated that the reason for
tabling the Resolution was due to the fact that Quality Cab Company, LLC did not have their
vehicle inspected by the Police Department. 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.
4. Motion to Table the Resolution Approving Issuance of Taxicab License for Quality Cab
Company, LLC
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: John R. Sandell of 2803 West Avenue stated that his son
was planning on having a party at their West Avenue residence in June. He questioned where
people would be able to park their vehicles should West Avenue still be under construction. He
further questioned if any traffic counts were made on West Avenue and the construction of
possible turning lanes on West Avenue. The Public Works Director stated that his department
was presently tabulating the traffic counts on West Avenue at the intersections of Garfield and
Leebrick. He stated that the City Engineer was on vacation and he would like to go over the
counts prior to making any recommendations to Council. He further stated that he would have a
tentative construction schedule within three weeks after holding a preconstruction conference.
Tony Ell of 1919 South Main Street stated that there have been misconceptions in regard to the
BMX track by the public. He stated that the BMX track would be a free park to all youth and he
would not receive any financial gain from the BMX track. He stated that anyone that has
questions regarding the BMX track could contact him during the day at 752-8629. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 8:40 p.m. Approved: April 19, 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 Awarding Contract for the 1999 West Avenue Street Reconstruction Project
2. Resolution Awarding Contract for the 1999 Memorial Auditorium Building - Sealing &
Painting
3. Resolution Approving Change Order No. 20 for Riverfront Improvements, Phase III
4. Resolution Approving Expenditure to the Leo A. Daly Firm to Provide Library Services
in Enlarged Library Facilities
PETITION:
1. Motion to Receive and File Petitions from Citizens Requesting a Controlled Light at the
Corner of Oak and Osborn Streets, or a 4-way Posted Sign at the Intersection
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of the Concept for the 1999 Central Avenue Overpass (April 19, 1999)
2. Consideration of Past Performance and Future Cable Related Needs (April 19, 1999)
3. 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 (April
19, 1999)
4. 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 (May 3, 1999)