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. 4
February 22, 2000
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Kellogg, Thomas and Wright, present.
BURLINGTON CITY COUNCIL
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 to the viewing audience. Council Member Thomas announced those individuals appointed to various City commissions and boards. Council Member Edwards made a motion to strike the Resolution Setting Date for Public Hearing on March 6, 2000 for the Consideration of Plans and Specifications for the 2000 Hawkeye Sewer, Phase II, Storm Sewer Improvements, Divisions I through IV from the consent agenda because the plans and specifications are not ready at this time. Council Member Kellogg seconded the motion. After roll call vote the motion to amend the Consent Agenda 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
MOTION: To strike the Resolution Setting Date for Public Hearing on March 6, 2000 for the Consideration of Plans and Specifications for the 2000 Hawkeye Sewer, Phase II, Storm
Sewer Improvements, Divisions I through IV from the consent agenda because the plans
and specifications are not ready at this time
DISCUSSION: None
(VOTE: 5 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of the Issuance of $5,000,000.00 General Obligation Public
Works Facility Bonds
COMMENTS: The Finance Director reviewed with Council and the viewing audience the
issuance of $5,000,000 General Obligation Public Works Facility Bonds. He stated that the City
would be taking bids for the construction of the Public Works Facility on March 7, 2000 which
would then determine the amount of monies needed for the bond issue. He stated that the City
was estimating the total bond issue to be between $3,600,000.00 and $3,800,000.00. He stated
that repayment of the debt would come from a $700,000.00 tax levy with the remaining balance
being paid off by the 20-year life of the debt through savings at the Public Works Facility,
auditorium rental fees, etc. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Issuance of $5,000,000.00 General Obligation Public Works
Facility Bonds
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 2000 Police Department Building
Generator Replacement Project Continued from the February 7, 2000 Council Meeting
COMMENTS: The Public Works Director reviewed with Council and the viewing audience the plans and specifications for the 2000 Police Department Building Generator Replacement Project.
He stated that the estimated cost for the 150-kilowatt diesel powered generator was $68,500.00
with $75,000.00 being budgeted for the project. He stated that bids would be accepted by the
City on March 8, 2000 with the Council awarding the project on March 20, 2000. He stated that
it would take 5-6 weeks for the City to receive the equipment and an additional 5-6 weeks for
completion of the project. Mayor Scott stated that he would like to see the old generator placed
at City Hall. The Public Works Director stated that he would check into the use of the old
generator at City Hall. 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 2000 Police Department Building
Generator Replacement Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of the Concept for the 2000 Jefferson Street Reconstruction
COMMENTS: The Public Works Director reviewed with Council and the viewing audience of the concept for the 2000 Jefferson Street Reconstruction Project. He stated that Downtown Partners. Inc. had hosted a meeting with downtown businesses affected by the proposed reconstruction where he presented four parking concepts for the 300 block of Jefferson Street. He stated that Pam Jochims, Executive Director for Downtown Partners, polled the affected downtown property owners and the consensus was to leave parallel parking on the north side of Jefferson Street and construct diagonal parking on the south side of the street. He stated that the project would provide for 23 parking spaces compared to the present 16 parking spaces. He stated that the sidewalk on the south side would be reduced from 19 ft. to 11 ft. He stated that the trees on the north side of the street would remain but the trees on the south side would disappear and would be replaced with benches and trees in planters. He stated that the hearing on the plans and specifications would be held on March 20, 2000. He further stated that bids would be received on April 5, 2000 and construction would start after Memorial Day and be completed during the third or fourth weeks of July 2000. Pam Jochims, Executive Director for Downtown Partners, Inc., stated that the survey results of business owners in the 300 block of Jefferson Street showed that 60% wanted to keep the parallel parking on the north side of the block. She stated that removal of the parallel spaces on the north side of the street would cause removal of outdoor café seating. Gregg Jochims, representing the Parking Committee for Downtown Partners, stated that everyone on the committee was comfortable with the parking concept. He praised the Public Works Director for the fine job in presenting the four concept drawings to the downtown businesses. Council Member Thomas stated that he received a letter from a downtown business owner supporting the proposed parking plan for the 300 block of Jefferson Street. Mayor Scott stated that the proposed parking plan was part of the TESKA Downtown Comprehensive Plan. He stated that a Downtown Plan Committee would be reestablished at a later date by the City Council. He further stated that he liked the proposed parking plan. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
4. Statement: Consideration of Sale of City-Owned Lot at 116 South Marshall Street
COMMENTS: The Neighborhood Planner stated that Richard Gerdner has requested the
purchase of City-owned lot at 116 South Marshall Street for $500.00. She stated that the
property adjoins his lot and would create a 40 ft. lot. Council Member Thomas stated that the
City needed to do a better job at letting citizens know of City-owned properties that are available
for purchase. The City Manager stated that the City has hired an intern to conduct an inventory
of City-owned properties that will be available for sale and will make it easier for citizens to
know which properties are available. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Sale of City-Owned Lot at 116 South Marshall Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
5. Statement: Consideration of A Permanent Encroachment Agreement for Frank Millard
and Company, Inc. to Encroach onto Public Right-of-Way with a Handicap Ramp on the
Rear of their building located at 123 South Third Street
COMMENTS: The City Planner stated that Frank Millard and Company, Inc. has requested to
encroach onto public right-of-way with a handicap ramp on the rear of their building located at
123 South Third Street. He stated that the building was currently being renovated for a fitness
center. He stated that the handicap ramp would measure 5' x 63' and would encroach 5' into the
alley right-of-way. He stated that the City was charging a one time fee of $200.00 for the
encroachment. He further reviewed with Council and the viewing audience the conditions of the
encroachment agreement. Council Member Thomas questioned of there would be adequate fire
protection for the building. The City Planner stated that the Fire Chief has reviewed the
encroachment agreement and feels there would be adequate fire protection of the building. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Permanent Encroachment Agreement for Frank Millard and
Company, Inc. to Encroach onto Public Right-of-Way with a Handicap Ramp on the Rear
of their building located at 123 South Third Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
6. Statement: Consideration of A Permanent Encroachment Agreement for Metro Plains
Development, Inc. to Encroach onto Public Right-of-Way with a Concrete Stoop to be
located on the front of their building located at 100 North Third Street
COMMENTS: The City Planner stated that Metro Plains Development, Inc. has requested to
encroach onto public right-of-way with a stoop to be located on the front of their building located
at 100 North Third Street (in front of the Archer Motor Building). He reviewed with Council and
the viewing audience the conditions to the encroachment. He stated that the resolution states
"concrete" stoop but Metro Plains was thinking of building a steel stoop. The City Manager
stated that Council should amend the Resolution and eliminate the word "concrete." Council
Member Kellogg made a motion to amend the Resolution Approving a Permanent Encroachment
Agreement for Metro Plains Development, Inc. by Eliminating the Word "Concrete" Stoop and
Allowing a Stoop to be located on the front of their building located at 100 North Third Street.
Council Member Thomas seconded the motion. After roll call vote the motion to amend was
unanimously adopted. All present had opportunity to speak and nothing additional was filed in
the office of the City Clerk.
Motion to Close CARRIED
Motion to Amend the Resolution Approving a Permanent Encroachment Agreement for
Metro Plains Development, Inc. by Eliminating the Word "Concrete" Stoop and Allowing
a Stoop to be located on the front of their building located at 100 North Third Street
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Resolution Approving A Permanent Encroachment Agreement for Metro Plains Development,
Inc. to Encroach onto Public Right-of-Way with a Stoop to be located on the front of their
building located at 100 North Third Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Rezoning
24.349 Acres, More or Less, from R-1B (One-Family Residential) Zoning District to R-1A, R-1B, R-2, R-3 and C-1 (Residential and Commercial) Zoning Districts, Located on
the East Side of Summer Street, North of Hillary Street
DISCUSSION: The City Manager stated that there were no changes from the first reading of the
Ordinance Rezoning 24.349 Acres, More or less Located on the East Side of Summer Street,
North of Hillary Street. He stated that the Petitioner has requested that the Council waive the
second reading and final adopt the proposed Ordinance. Council Member Wright made a motion
to waive the preliminary consideration and adoption of the second reading; and for final adoption
of the Rezoning Ordinance. 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.
2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading;
and for Final Adoption of An Ordinance: An Ordinance Rezoning 24.349 Acres, More or
Less, from R-1B (One-Family Residential) Zoning District to R-1A, R-1B, R-2, R-3 and
C-1 (Residential and Commercial) Zoning Districts, Located on the East Side of Summer
Street, North of Hillary Street
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Preliminary Adoption of the Second Reading of A Cable TV Franchise
Regulatory Ordinance
DISCUSSION: The City Manager stated that there were no changes from the first reading of the Cable TV Franchise Regulatory Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Introduce Resolution of Necessity for the 2000 Alley Reconstruction from Mason Road to
Louisa Street between Starr Avenue and Leebrick Street
DISCUSSION: The City Manager stated that the City received a petition from property owners
requesting the reconstruction of an alley from Mason Road to Louisa Street between Starr
Avenue and Leebrick Street. He stated that the assessment would be for 100% of the cost of the
project. He stated that the proposed Resolution introducing the Resolution of Necessity needed
to be tabled to allow for the City Clerk to publish notice and send letters to the affected property
owners for the hearing on the Resolution of Necessity scheduled for March 20, 2000. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
2. Resolution Tabling Resolution of Necessity for the 2000 Alley Reconstruction from
Mason Road to Louisa Street between Starr Avenue and Leebrick Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: Pastor Frank Beaty of 1600 Navajo stated that the Council
would be holding a public hearing in the near future on the proposed no burning Ordinance. He
urged Council to give consideration to their mothers and grandmothers who would have to haul
or purchase 30 bags for leaves. John R. Sandell of 2803 West Avenue questioned why the City
Council agendas were not appearing on the cable access channel. The City Clerk stated that she
always faxes the Council agendas to A.T.&T. Cable Service on Thursday mornings prior to the
Council Meeting. The City Manager stated that he would check into why A.T.&T. Cable Service
was not showing the Council agenda on the access channel. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Adjournment: 8:24 p.m. Approved: March 6, 2000
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 1999 CDBG Sewer Project, Phase III, Division I
*Resolution Approving Final Acceptance, Final Payment, and Release of Retention Monies for the 1999 ACC Overlay Project
*Resolution Approving Final Acceptance, Final Payment, and Release of Retention Monies for
the 1999 Mt. Pleasant Street/Highway 61 Frontage Road
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Preliminary Resolution for the 2000 Alley Reconstruction from Mason Road to Louisa
Street between Starr Avenue and Leebrick Street
2. Resolution Ordering Notice to Waterworks Board of Trustees, Utility Companies and
Property Owners to Make, Repair, or Relocate Any Water or Other Utility Connections
for the 2000 Alley Reconstruction from Mason Road to Louisa Street between Starr
Avenue and Leebrick Street
3. Resolution Determining the Valuation of Each Lot for the Special Assessment of the
2000 Alley Reconstruction from Mason Road to Louisa Street between Starr Avenue and
Leebrick Street
4. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
2000 Alley Reconstruction from Mason Road to Louisa Street between Starr Avenue and
Leebrick Street
5. Resolution Approving the Collective Bargaining Agreement between the City of
Burlington, Iowa and Local 301, International Association of Firefighters AFL-CIO July
1, 2000 - June 30, 2003
6. Resolution Awarding Bid for the Summer Street Lift Station Sanitary Sewer Extension
7. Resolution Approving Issuance of Taxicab License for ABC Cab Company
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Plans and Specifications for the 2000 Alley Reconstruction from Mason
Road to Louisa Street between Starr Avenue and Leebrick Street (March 20, 2000)
APPOINTMENTS:
Water Works Board of Trustees: Jon Hart
Low Rent Housing Agency: Tom Cameron, George Newman and Eugene Crawford