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. 8
April 17, 2000
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Kellogg and Thomas, present. Council Member Wright was absent.
BURLINGTON CITY COUNCIL
PROCLAMATIONS:
Arbor Day - David Asche
Clean Out Your Files Day - Debbie Leone
Youth Appreciation Week - Adam Thielen
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: Dave Hanrahan of 1709 Oak Street requested the removal of the following Resolution from the Consent Agenda for discussion at the close of the meeting: Resolution Establishing Fees for the Community Development Department. Mayor Scott reviewed the items listed on the consent agenda to the viewing audience. Council Member Thomas 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: 4 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of the Resolution of Necessity for the 2000 Alley
Reconstruction from Mason Road to Louisa Street between Starr Avenue and Leebrick
Street Continued from the March 20, 2000 City Council Meeting
COMMENTS: The Public Works Director stated that he would be presenting the hearing on the
Resolution of Necessity and the following hearing on the plans and specifications for the 2000
Alley Reconstruction from the Mason Road to Louisa Street between Starr Avenue and Leebrick
Street simultaneously to the Council and the viewing audience. He reviewed with Council and
the viewing audience the plans and specifications for the project. He stated that the project would
consist of a 12-foot wide alley with six inches of concrete. He stated that the original project cost
was $57,600.00 but after meeting with the property owners the scope of the project changed.
The estimated cost of the project now is $46,900.00 with each property owner being assessed
approximately $1,878.28. He stated that the preliminary assessment schedule shows higher
assessment amounts for each property owner due to the original project cost. He stated that the
preliminary assessment schedule did not need to be amended due to cost being lower and the
Council would approve a final assessment schedule after the project is completed. He stated that
the bids would be received on May 3, 2000. He further stated that the project would be awarded
on May 15, 2000. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Resolution of Necessity for the 2000 Alley Reconstruction from
Mason Road to Louisa Street between Starr Avenue and Leebrick Street Continued from
the February 22, 2000 City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
2. Statement: Consideration of the Plans and Specifications for the 2000 Alley
Reconstruction from Mason Road to Louisa Street between Starr Avenue and Leebrick
Street Continued from the March 20, 2000 City Council Meeting
COMMENTS: None.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 2000 Alley Reconstruction from
Mason Road to Louisa Street between Starr Avenue and Leebrick Street
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
3. Statement: Discussion of the Proposed Construction of a Central Avenue Overpass of the
BNSF Railroad
COMMENTS: The Public Works Director stated that a public hearing was required prior to
receipt of the City's environmental clearance of the project. He apologized that his Consultant
for the Central Avenue Overpass was not able to attend the hearing. He stated that in March
2000 the City published a Notice of Availability of the Environmental Assessment in The Hawk
Eye. He stated that the Environmental Assessment addresses the project and the impact of the
project. He stated that 4F document which is part of the Environmental Assessment addresses
the background of the project and provides that a booklet be printed that historically documents
the history of Burlington's Hibernia neighborhood. He stated that 1,200 copies of the historical
booklet were being printed and would be available for viewing at libraries statewide and the Des
Moines County Historical Society. He stated that the document may be viewed by the public
until May 1, 2000 at the Burlington Public Library, the City Clerk's Office and at the Public
Works Department located on 4th floor at Memorial Auditorium. He stated that any written or
verbal comments must be submitted by May 1, 2000 to the City and would be included in a final
version of the Environmental Assessment. He further reviewed the plans and specifications for
the project for the Council and viewing audience. Council Member Kellogg stated that he was
surprised to find out that 20,000 vehicles a day drive Central Avenue. Dale and Odetta Hockett
of 134 Greenbriar questioned how St. Patrick's Church would be affected by the construction of
the Central Avenue Overpass. The Public Works Director stated that once the Environmental
Assessment is completed a proposal will be made to the church. He stated that tentative plans
was that the City would be replacing more parking for the church than what the City would be
taking in parking from the church. Dave Hanrahan of 1709 Oak Street stated that he would like
to see an artist's rendition of the proposed Central Avenue Overpass. The City Manager
presented the Council and the viewing audience with the artist's rendition of the proposed
Central Avenue Overpass for the Council and the audience to view. The Public Works Director
stated that the pillars and the columns would consist of poured concrete, stained with a form liner
that looks like stones. All present had opportunity to speak and nothing additional was filed in
the office of the City Clerk.
Motion to Close CARRIED
ORDINANCE:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Chapter 8.20 Fire Prevention Code of the Burlington Municipal Code
DISCUSSION: The Fire Chief presented Council and the viewing audience with a pamphlet from the Iowa Department of Natural Resources regarding Open Burning. Those who spoke opposed to the open burning ban were as follows: Dale Hockett of 134 Greenbriar; Dave Hanrahan of 1709 Oak Street; and Roy Gillette of Hunt Road. Those who spoke in favor of the burning ban were as follows: Dean and Karen Burkhart of 1616 Haskell and Cheryl Kendall of 2128 South 15th Street. Mayor Scott read a letter from Charlene Lindsay requesting a burn ban. After considerable discussion by the audience, staff and Council, Mayor Scott made a motion to amend Section 8.20.020 C. Open Burning of Chapter 8.20 Fire Prevention Code by adding Exception 6: Landscape Waste. Council Member Edwards seconded the motion. After roll call vote, motion to amend was unanimously approved. After roll call vote on the motion to approve the second reading of the Ordinance as amended, the motion was approved with Mayor Scott, and Council Members Edwards, Scott and Thomas voting in favor. Council Member Kellogg voted against the second reading of the Ordinance as amended. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" Edwards, Scott, Thomas
1 - "NAY" Kellogg) CARRIED
Motion To amend Section 8.20.020 C. Open Burning of Chapter 8.20 Fire Prevention Code of
the Burlington Municipal Code by adding Exception 6: Landscape Waste
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
RESOLUTION:
1. Resolution Establishing Fees for the Community Development Department
DISCUSSION: The City Manager reviewed the fees for the Community Development Department. He stated that the user fees relate to the services being provided and it is a policy of the City to increase fees annually with small increases. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:25 p.m. Approved: May 1, 2000
Katie Gerling, Computer Specialist I Timothy E. Scott
for Kathleen P. Salisbury, 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 Approving Outdoor Sales Area for Liquor License for Roederer's, Inc.
dba/Roederer's for May 20, 2000
2. Resolution Approving Maintenance and Operation of the Streets, Storm and Sanitary Sewer
Systems in the Diewold Plaza Subdivision
3. Resolution Approving Final Acceptance of the 1999 Burlington Family Recreation Complex -
Batting Cages for Maintenance and Operation
4. Resolution Rejecting All Bids for the 2000 Jefferson Street Reconstruction Project
5. Resolution Awarding Contract for the 2000 Public Works Complex Construction Project Vehicle
Fueling System
6. Resolution Approving Change Order No. 2 for the 1999 Residential Street Improvement Program
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of An Ordinance Amending Chapter 10.24 Speed Restrictions of the Burlington
Municipal Code (May 1, 2000)
2. Consideration of An Ordinance Amending Chapter 17.16 of the Municipal Code to Rezone
Approximately 1 Acre of Land Lots 3 Through 9 of Barret's Subdivision, Block 974, Located on
the Southeast Corner of the Intersection of Division Street and Central Avenue from R-3
(Apartment Residential) to C-1 (Commercial) Zoning District, with Conditions (May 15, 2000)
3. Consideration of An Ordinance Vacating a Portion Alley Right-of-Way Adjacent to Lots 3
Through 9 of Barret's Subdivision, Block 974, Located on the Southeast Corner of the
Intersection of Division Street and Central Avenue (May 15, 2000)
APPOINTMENTS:
Civil Service Commission: Kimberly Hunsaker
City Planning Commission: Gail Boyd and Arlan Bangs
Board of Electrical Examiners: Alando Blanco and Arnold Kemp
Flint Hills Golf Course Advisory Committee: Julie Winter
Parks Advisory Committee: Ron Snyder and Elliott Anderson