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. 12
June 19, 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 resigned effective
April 21, 2000.
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 the items listed on the consent agenda to the viewing audience. 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 Sale of Vacated Portion of Public Alley Right-of-Way
Located Between Division Street and Aetna Streets to Family Video
COMMENTS: The City Planner stated that the Council would be selling the northern portion of
the vacated alley right-of-way located in the block bordered between Central Avenue; 10th Street;
Aetna Street and Division Street. He stated that Family Video has agreed to reroute all
easements, utilities and alley right-of-way along the southern most portion of their property to
exit onto 10th Street. He further stated that since Family Video has agreed to reroute the utilities
the vacated property would be sold to Family Video for $1.00. 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 Vacated Portion of Public Alley Right-of-Way Located
Between Division Street and Aetna Streets to Family Video
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
2. Statement: Consideration of An Ordinance Amending Chapter 10.52 Through, One-Way
and Stop Streets of the Burlington Municipal Code
COMMENTS: The Public Works Director stated that the proposed Ordinance eliminates the
section regarding through streets in Burlington, lists all one-way streets and the designation of
stop streets. Council Member Thomas questioned if the Ordinance would need to be amended if
an individual wanted the placement of a stop sign at a certain location. The Public Works
Director stated that Section 10.52.030 of the Ordinance provides that the Council designate stop
streets by Council Resolution. 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: An Ordinance
Amending Chapter 10.52 Through, One-Way and Stop Streets of the Burlington
Municipal Code
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
3. Statement: Consideration of An Ordinance Amending the Burlington Municipal Code by
Adding a New Chapter 12.18.00.00 Providing Regulations on the Placement of Wireless
Communications Towers and Antennas Within the City of Burlington
COMMENTS: The City Planner stated that the proposed Ordinance provides regulations on the
placement of wireless communication towers and antennas within the City of Burlington. He
stated that staff reviewed Ordinances from other cities prior to the drafting of the proposed
Ordinance. He stated that the City Attorney has reviewed the proposed Ordinance. He stated
that copies of the proposed Ordinance were available at the City Clerk's Office and the
Development Department. He further reviewed the proposed Ordinance with Council and the
viewing audience. The City Manager stated that the proposed Ordinance has sections regarding
abandonment of towers; amateur radio exclusion; airport zoning and clear zones. Council
Member Thomas stated that the proposed Ordinance was very thorough. 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: An Ordinance
Amending the Burlington Municipal Code by Adding a New Chapter 12.18.00.00
Providing Regulations on the Placement of Wireless Communications Towers and
Antennas Within the City of Burlington
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
4. Statement: Consideration of An Ordinance Amending Chapter 2.28 Fire Department
Code of the Burlington Municipal Code
COMMENTS: The Fire Chief stated that the proposed Ordinance would provide that firefighters
employed by the Burlington Fire Department shall be required to obtain an Emergency Medical
Technician Paramedic certification within three years of their date of hire and shall maintain said
certification throughout their employment. He stated that supervisory personnel would not be
mandated to meet this requirement. He stated that once the classes are successfully completed
the City pays the employee additional monies per month in recognition of their training time,
certification and work performed. Council Member Thomas praised the work of Burlington's
paramedics. 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: An Ordinance
Amending Chapter 2.28 Fire Department Code of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Parking Restrictions at Various Locations Within the City of
Burlington, Iowa
DISCUSSION: The Public Works Director stated that residents along 33 blocks of streets where parking is allowed on both sides and the street width is less than 27 feet were polled regarding parking restrictions. He stated that staff was recommending that parking be restricted to one side of the street on eight of the 33 blocks polled. He stated that of the eight blocks being restricted either a majority of abutting residents or a majority of responding residents stated that they preferred that parking be limited to one side of the street. The following individuals stated that they would like to keep parking on both sides of the street in the 900 block of South Plane Street from Green to West Avenue: Donna McCabe of 930 South Plane; Tim Ida of 2101 West Avenue and Howard Kruskinki of 916 Hagemann. Donald Charles of 1305 Corse Street stated that he was glad that parking would be restricted in the 1300 block of Corse from Osborn to Thul. He presented Council with pictures of a semi-tractor trailer that was parking in a residential area. The City Manager stated that the Police Department has been instructed to issue tickets. Council Member Edwards made a motion to delete the parking restriction on the west side of the street for the 900 block of South Plane Street from Green to West Avenue from the Resolution Approving Parking Restrictions at Various Locations Within the City of Burlington, Iowa. Council Member Kellogg 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: 4 - "AYES") ADOPTED
2. Motion to delete the parking restriction on the west side of the street for the 900 block of
South Plane Street from Green to West Avenue from the Resolution Approving Parking
Restrictions at Various Locations Within the City of Burlington, Iowa.
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
3. Resolution Approving Renewal of Liquor License for Nite Twain Ltd. dba/Nite Twain
Ltd.
DISCUSSION: The City Manager stated that the proposed Resolution provides for the approval of the renewal of liquor license for the Nite Twain. He stated that the Police Chief has recommended that the Council not renew the liquor license for the Nite Twain due to the number of calls that the Police Department has responded to in the past. He stated that should Council renew the liquor license for the Nite Twain the Police Department would continue to monitor the Nite Twain and forward any violations to the Alcoholic Beverages Division to have a hearing before the Alcoholic Beverages Division board to have the license revoked. Gary Houston, operator of the Nite Twain, stated that he would do what was necessary to keep his license at the Nite Twain. He stated that he has been in business for 20 years. Mayor Scott stated that he believed that Gary Houston was sincere in his promise to cooperate with the Police Department to correct problems at the Nite Twain. He further stated that he would vote in support of the Police Chief's recommendation due to the history of violations at the Nite Twain. He further stated that he would like the Police Department to monitor the Nite Twain. Council Member Thomas stated that the Police Department should have contacted Gary Houston a long time ago regarding problems at the Nite Twain. Council Member Edwards stated that he liked the way the problem has been dealt with, very positive. He stated that Gary Houston has been given a chance to fix problems at the Nite Twain. Council Member Kellogg stated that he hated to interfere with anyone's livelihood. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 3 - "AYES" EDWARDS, KELLOGG, THOMAS
1 - "NAY" SCOTT) ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:00 p.m. Approved: July 3, 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 Yoder/Woodland Drive Paving Improvements
*Resolution Approving Final Acceptance, Final Payment, and Release of Retention Monies for
the 1997 Jefferson Street Paving Project, North 6th Street to Hawkeye Street
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Liquor License for Lucia Schmidt dba/ Hot Toddies for June 24, 2000
2. Resolution Approving Engineering Services Agreement with Dickinson Engineering,
P.C. for Design of U.S. Highway 61 and Mason Road Traffic Signal Improvements
3. Resolution Approving Renewal of City Attorney Retainer Contract
4. Resolution Amending Capital Improvement Project Number 11, Sidewalk
Construction/Reconstruction of the Saunderson Heights Neighborhood Plan
5. Resolution Providing for a Salary Adjustment and Compensation Package for the City Manager