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. 36
June 21, 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. Mayor Scott stated that the Council
was unable to have the pre-council call in show due to technical difficulties with TCI. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
BURLINGTON CITY COUNCIL
PROCLAMATION: Burlington High School Marching Band Day - Kathy Wilson
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. Council Member Henry announced those individuals appointed to various City commissions and boards. 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 Plans and Specifications for the 1999 ACC Overlay Project
COMMENTS: The Public Works Director stated that the 1999 ACC Overlay Project consisted of
approximately eighteen blocks of resurfacing. He reviewed with Council and the viewing
audience the following locations for the resurfacing: Bittersweet Place, Sunnyside to Mercer;
Campbell Avenue, PCC to deadend; Outlook Street, Campbell to 4th Street; 4th Street, both ways
from Outlook; Main Street, Harrison to Sandell; Dunham Street, Miller to Madison; Grove
Street, Higbee to Garfield; Grove Street, Higbee to Summer (alternate bid). He stated that
construction would include the following: rotomilling; full depth pavement repairs; free standing
curb, spot replacement; curb and gutter replacement (Grove Street); new asphalt surface. He
stated that bids would be received on July 7, 1999 with the project being awarded on July 19,
1999. He stated that construction would commence mid to late August 1999. He stated that the
cost of the project was approximately $443,000.00 which includes design, inspection and
administrative costs. 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 ACC Overlay Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Amending the Municipal Zoning
Ordinance, Title 17, of the City Code of Burlington, Iowa, by Amending Section
17.66.080 District Signage Regulations of Chapter 17.66 Signs
DISCUSSION: The Finance Director stated that there were no changes to the proposed Ordinance Amending the Municipal Zoning Ordinance, Title 17, of the City Code of Burlington, Iowa, by Amending Section 17.66.080 District Signage Regulations of Chapter 17.66 Signs. Council Member Henry 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. 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 the Municipal Zoning Ordinance, Title 17, of the City Code of
Burlington, Iowa, by Amending Section 17.66.080 District Signage Regulations of
Chapter 17.66 Signs to Provide for Waiver of the Preliminary Consideration and
Adoption of the Second Reading; and for Final Adoption of An Ordinance Amending the
Municipal Zoning Ordinance, Title 17, of the City Code of Burlington, Iowa, by
Amending Section 17.66.080 District Signage Regulations of Chapter 17.66 Signs
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending the
Land Use Map and the Municipal Zoning Map and Title 17, Zoning Ordinance, of the
City Code of the City of Burlington, Iowa, by Rezoning the Diewold Plaza Subdivision
from "R-1A" One-Family Residential District and "R-1B" One-Family Residential
District to the Diewold Plaza P.U.D. (Planned Unit Development)
DISCUSSION: The Finance Director stated that there were no changes to the proposed Ordinance Rezoning the Diewold Plaza Subdivision from the previous meeting. Council Member Henry introduced a motion to amend Section 3 Conditions to the proposed Ordinance. Council Member Wright seconded the motion. The City Planner explained that the amendment would provide for how the two portions of the proposed Lawrence Drive would be paid. After roll call vote the amendment was approved unanimously. Council Member Henry introduced a motion to amend Section 11 Storm Water Management to the proposed Ordinance. Council Member Wright seconded the motion. The City Planner explained that the amendment provides that each individual property owner will be required to submit a Storm Water Management Plan, certified by a licensed engineer, for review and approval by the City Engineer prior to receiving a building permit. After roll call vote the amendment was approved unanimously. Mayor Scott stated that both amendments were initiated by the Council. Council Member Henry stated that he would like to see staff incorporate the language of the storm water management plan as a routine part of all developments being developed by private developers. Mayor Scott stated that he would like to go a step further and adopt a Storm Water Management Ordinance. 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 Section 3 Conditions (No. A. 3. General Conditions) of the Ordinance
Amending the Land Use Map and the Municipal Zoning Map and Title 17, Zoning
Ordinance, of the City Code of the City of Burlington, Iowa, by Rezoning the Diewold
Plaza Subdivision from "R-1A" One-Family Residential District and "R-1B" One-Family
Residential District to the Diewold Plaza P.U.D. (Planned Unit Development)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Motion to Amend Section 11 Storm Water Management of the Ordinance Amending the
Land Use Map and the Municipal Zoning Map and Title 17, Zoning Ordinance, of the
City Code of the City of Burlington, Iowa, by Rezoning the Diewold Plaza Subdivision
from "R-1A" One-Family Residential District and "R-1B" One-Family Residential
District to the Diewold Plaza P.U.D. (Planned Unit Development)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Preliminary Plat of Diewold Plaza Subdivision
DISCUSSION: The City Planner stated that Diewold Plaza Subdivision was a seven lot subdivision which also includes outlots A through F. He stated that the subdivision was located south of West Avenue and east of Highway 61. Council Member Henry stated that the Diewold Plaza Subdivision was a favorable development for Burlington and was located in the City's growth area. He stated that it was the consensus of the Council from past meetings that as the outlots are developed that they would keep in mind buffering for those property owners whose homes would border the proposed developments. Mayor Scott agreed with Council Member Henry. 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 Preliminary Plat of Valley Street Subdivision
DISCUSSION: The Finance Director stated that the City was proposing the Preliminary Plat of Valley Street Subdivision for moderate income housing. The City Planner stated that Valley Street Subdivision was a 5-lot subdivision that the City would be developing with grant monies. He stated that lots 1, 2, 3 and 5 are serviced by a private drive with lot four being serviced directly from Valley Street. He further reviewed with Council and the viewing audience the construction of future homes for the area. The Housing Development Director stated that the 5 buildable lots were for infill development. He stated that unfortunately there were no monies available at the present time. He stated that the lots were ready to market or the City could allocate monies for development of the properties. Council Member Thomas stated that the proposed subdivision would provide for housing for young couples to own their homes. Council Member Henry agreed with Council Member Thomas. He stated his concern for one drive serving multiple properties. He suggested that possibly one home could be built on lots one and two and one home on lots three and four which would help elevate congestion. He further stated that he would support the proposed Resolution due to the flexibility of the development of the lots. Mayor Scott, Council Members Wright and Edwards also stated their concerns for the one drive serving multiple properties, but felt there was flexibility with development of the lots. Council Member Thomas questioned if there would be fire safety issues with one drive serving multiple properties. The Housing Development Director stated that he has spoken with the Fire Department and there are no safety problems. 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: Jean Davis of Mason Road presented Council with pictures
of her yard after the last rain. She further stated that she would like the Public Works Director to
look at the pictures of her yard. All present had opportunity to speak and nothing additional was
filed in the office of the City Clerk.
Adjournment: 7:48 p.m. Approved: July 6, 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 Release of Retention Monies for the 1998 East/West Arterial, Phase II Division I
Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the 1998 East/West Arterial, Phase II Division II
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Rich and Mary Butherus dba/Roederers for
Summer Anniversary Party
2. Resolution Approving Proposal for Asbestos Removal and Asbestos Building Inspection
for Union Hotel Located at 301-311 South Main Street
SET DATE FOR PUBLIC HEARING: July 6, 1999
1. Consideration of Plans and Specifications for the 1999 Saunderson Heights Decorative
Lighting Project
APPOINTMENTS
City Planning Commission: Willis Fry and Martin Walsh
Library Board of Trustees: Winton Boyd and Joyce Wauters