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. 37
July 6, 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. Council Member Thomas asked for a
moment of silence for Ricky Byrdsong, former baskeball coach at Northwestern University, and
Won-Joon Yoon who were killed by Benjamin Nathaniel Smith in a drive-by shooting spree over
the July 4, 1999 holiday weekend. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
BURLINGTON CITY COUNCIL
RECOGNITION OF 30 YEARS OF SERVICE TO DICK PALMER, CITY ELECTRICIAN
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: David Ford, of 24 Cascade Terrace and Trustee of the First Baptist Church, requested the removal of the Council Resolution of Support for the Construction, Implementation and Operation of a BMX Track on the City Property Located in Dankwardt Park 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 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. Statements: Consideration of Plans and Specifications for the 1999 Saunderson Heights
Decorative Lighting Project
COMMENTS: The Public Works Director stated that the 1999 Saunderson Heights Decorative
Lighting Project has been redesigned with the help of the Saunderson Heights Neighborhood
Association as the bids that were taken on April 12, 1999 were approximately $12,000.00 over
the budgeted cost for the project. He stated that the lights have been reduced down to eighteen
lights for the base bid with alternates. He stated that the budgeted cost of the project was
$67,500.00 with the estimated cost of the base bid at $60,000.00. He stated that the bottom
section of the light fixture the City already has in stock which will also help lower the cost of the
project. He stated that bids would be received on July 21, 1999 with the Council awarding the
project on August 2, 1999. He further stated that construction should commence within 30 days
of awarding the project and should be completed by fall. Andy Anderson of the Saunderson
Heights Neighborhood Association thanked the Public Works Director and his crew for locating
the bottom section of the lights to help lower the cost of the project. Council Member Thomas
questioned Andy Anderson on any progress in the Saunderson Heights neighborhood. Andy
Anderson stated that the neighborhood playground is almost completed. He thanked all of those
who donated monies and time toward the playground. He further stated that homes were selling
at a better price than a year ago. 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
ORDINANCE:
1. Motion for Final Adoption 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 City Manager stated that there were no changes to the proposed 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) from the last meeting. Council Member Thomas stated that the Diewold Plaza P.U.D. would be a great economic boom for the City and would provide for continued economic prosperity. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Final Plat of Diewold Plaza First Addition
DISCUSSION: The City Planner reviewed with Council and the viewing audience the final plat of Diewold Plaza First Addition. He stated that the final plat provides for seven lots and four outlots. He stated that any development of the outlots would be named Second Addition, etc. and would need to be approved by the City Council. Council Member Henry stated that the Diewold Plaza First Addition was a great development. Council Member Edwards echoed Council Member Henry's statement. 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 Valley Street Subdivision and It's Name Change to
Saunderson Heights Subdivision
DISCUSSION: The City Manager stated that the proposed Resolution provides for the approval of the final plat of Valley Street Subdivision and it's name change to Saunderson Heights Subdivision. He stated that the final plat that the City received was named Saunderson Heights Subdivision, which is the reason for the name change. Council Member Henry announced to the viewing audience that upon approval of the final plat lots would be available for purchase. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Authorizing the Purchase of Property for a Public Works Facility Site
DISCUSSION: The Public Works Director reviewed with the Council and the viewing audience a brief history for the purchase of a site for the Public Works facility. He stated that on June 1, 1999 the City Council at their closed session authorized staff to extend initial offers totaling $355,000.00 (and negotiate to $392,500.00 if necessary) to C& E and Eagle Foods for the purchase of 12.41 acres of land. He stated that pending approval by Council the City has agreements with both C & E and Eagles to purchase the site at a total cost of $355,000.00. He also presented a preliminary site plan of the property. The City Manager noted for the Council that the $355,000.00 was the total cost for two properties consisting of 12.41 acres. Mayor Scott stated that some of the council members were concerned about buying more land when the City already owned enough acreage at the Mason Road site. He stated that the land at the Mason Road site has been appraised at $280,000.00, so if the City should decide to sell the 15 acres monies would be recouped. Council Member Henry stated that it was critical that the City build a new Public Works facility. He asked the Public Works Director to start laying the groundwork to get the Mason Road property back onto the City's tax rolls and to construct a building that works while keeping an eye on the bottom line. He stated that the facility needed to be functional without frills. Mayor Scott echoed Council Member Henry's statements. The Public Works Director gave credit to Ray Toal, Branch Chief of the Street Department for pointing out the location for the proposed Public Works facility site. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Council Resolution of Support for the Construction, Implementation and Operation of a
BMX Track on the City Property Located in Dankwardt Park
DISCUSSION: Mayor Scott stated that the proposed Resolution provides for Council support for the construction, implementation and operation of a BMX track on City property located in Dankwardt Park. He stated that the First Baptist Church has asked that Council continue the Resolution to the next Council Meeting. He stated that he would allow discussion on the issue and then would introduce a motion to continue to the next meeting. David Ford, of 24 Cascade Terrace and Chairman of the Board of Trustees for the First Baptist Church, 300 Potter Drive, requested that the Council continue the Resolution of Council Support for the Construction, Implementation, and Operation of a BMX Track on the City Property Located in Dankwardt Park to the next Council meeting to provide time for the congregation to be informed of the proposed BMX site. He stated that the four members of the Board of Trustees were not opposed to the location of the BMX site, but would like the congregation to be able to meet with Tony Ell and the Council. Those who spoke against the placement of the BMX track in Dankwardt Park were as follows: Mary Decker, of 187 Indian Terrace and great-niece of Lydia Dankwardt, who donated the park to the City in 1937; John Schulte, president of CRISP; and Keith Summerson of 808 Haskell. Many of those who spoke against the placement of the BMX track in Dankwardt Park stated that the park should remain a quiet place for the community. Those who spoke in favor of the placement of the BMX track in Dankwardt Park were as follows: Kelly Samberg of 405 Harrison Avenue; and Kim Diehl, Youth Coordinator. Those who spoke in favor of the placement of the BMX track stated that Dankwardt Park was a logical place for the BMX track as the park already has a baseball diamond, swimming pool, in-line hockey rink and playground equipment which creates activity and noise. They also stated that the organizer of the BMX track would need to work with the church to accommodate the needs of the church on Sundays. Ron Snyder, of 949 North Central and Chairperson of the Parks Advisory Committee, stated that he supported the request made by the First Baptist Church for more time to consider the location of the BMX track. He stated that all options needed to be considered. Council Member Edwards stated that he would like to be cooperative and flexible with the Little League as possible. Council Member Wright stated that Kim Diehl and Tony Ell were for the youth of Burlington. He stated that the residents of Burlington needed to make the youth feel welcomed or they will not stay in Burlington. He further stated that the BMX track would be located near the pool and where the present ball diamond is presently located. He stated that one sport was being replaced with another. Council Member Thomas provided Council with a quote from Lydia Dankwardt "I am giving this park so that everyone can enjoy it!" He stated that the park was given for all people, all ages, all races. He stated that the BMX track would provide the youth with an activity. Council Member Henry stated that the Comprehensive Plan, the Youth Plan and the Parks Master Plan mention the need for recreation for the youth. He stated that according to the youth recreation survey of youth between the ages of 11 - 19 years the number one activities was movies, followed by baseball and bicycles. He stated that Dankwardt Park was an active park and even Crapo Park was an active park with a bandshell, horseshoes and playground equipment. Mayor Scott made a motion that the Council Resolution of Support for the Construction, Implementation and Operation of a BMX Track on the City Property Located in Dankwardt Park, be Continued to the Next Council Meeting. Council Member Edwards seconded the motion. After roll call vote the motion failed with Mayor Scott and Edwards voting in favor and Council Members Henry, Thomas and Wright voting against the motion to continue. Mayor Scott then asked for roll call vote on the Council Resolution of Support for the Construction, Implementation and Operation of a BMX Track on the City Property Located in Dankwardt Park. After roll call vote the Council Resolution of Support for the Construction, Implementation and Operation of a BMX Track on the City Property Located in Dankwardt Park was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
5. Motion that the Council Resolution of Support for the Construction, Implementation and
Operation of a BMX Track on the City Property Located in Dankwardt Park, be
Continued to the Next Council Meeting
DISCUSSION: None.
(VOTE: 2 - "AYES" SCOTT, EDWARDS
3 - "NAYS" HENRY, THOMAS, WRIGHT) FAILED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:32 p.m. Approved: July 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
Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the
1998 Saunderson Heights Sidewalk and Park Improvements
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Liquor License for The Beat for July 24,
1999
2. Resolution Approving Outdoor Sales Area for Amera-Team Investments, Inc.
dba/Jefferson Street Cafe for Taste of Burlington, July 25, 1999
3. Resolution Approving the Residential Anti-Displacement and Relocation Assistance Plan
Prepared by Simmering-Cory, Inc.
4. A Resolution Awarding Contract for the 1999 City Hall Building Repairs
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Issuance of $2,500,000 1999 General Obligation Essential Corporate
Purpose Bond Issue (July 19, 1999)
2. Consideration of Issuance of $300,000 1999 General Obligation General Corporate
Purpose Bond Issue (July 19, 1999)
3. Consideration of A Resolution Approving the Vacation of a Portion of Oak Ridge Drive
within the Official Plat of Oak Valley Estates Subdivision (August 16, 1999)
APPOINTMENT:
City Planning Commission: Jeffrey Taylor