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 7, 1997
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Sandell, Council
Members Heland, Henry, Scott and Thomas, present.
BURLINGTON CITY COUNCIL
RECOGNITION CERTIFICATES FOR SERVING ON BOARDS AND COMMISSIONS
DISCUSSION: Mayor Sandell presented Dr. Tom Rexroth and Tom Courtney with a certificate for serving the City on a board or commission capacity. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
INTRODUCTION OF TONY GRIFFIN, HOUSING DIRECTOR
DISCUSSION: The Development Director introduced Tony Griffin the new Housing Director to
the Council and viewing audience. Tony Griffin stated that he was happy to be a part of the staff
for the City of Burlington. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
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: Council Member Scott removed the following petitions from the consent agenda for discussion at the close of the meeting: to receive and file petition from property owners requesting an improved street to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full width p.c. concrete located at 15th Street between Hedge and Dunham Street by requesting participation in a cost sharing program and voluntarily agree to pay for 25% of the cost for the concrete work as constructed, the ACC material, and other project costs as may be necessary; and to receive and file petition from property owners requesting an improved street to include standard p.c. concrete curb and gutter and 8" of asphaltic concrete or full width p.c. concrete located at Hedge Street between 15th Street and 16th Street by requesting participation in a cost sharing program and voluntarily agree to pay for 25% of the cost for the concrete work as constructed, the ACC material, and other project costs as may be necessary. He stated that he would be abstain from voting due to a conflict of interest. Council Member Heland removed the Resolution Approving An Underground Storage Bin Grant Program for discussion at the close of the meeting also. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Issuance of $3,300,000 General Obligation Essential
Corporate Purpose Bonds
COMMENTS: The Finance Director reviewed the issuance of the $3,300,000 General Obligation
Essential Corporate Purpose Bonds for Council and the viewing audience. He stated that
property taxes would remain steady during the next five years due to sales tax relief. Council
Member Heland thanked staff for the smooth process of issuance bonds. Mayor Sandell echoed
Council Member Heland's comments. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
2. Statement: Consideration of Issuance of $200,000 General Obligation Building
Renovation Bonds
COMMENTS: The City Manager stated that the $200,000.00 General Obligation Building
Renovation Bonds was for the depot renovation. She stated that the State took bids for the
project which came in higher than budgeted. The Finance Director recommended that the
Council approve the Resolution approving the issuance of the $200,000 General Obligation
Building Renovation Bonds, but would not take bids on the $200,000 at this time. Council
Member Heland thanked past and present Chairpersons of the Friends of the Depot for their
work. Council Member Thomas stated that he was glad to see the depot come back to life.
Mayor Sandell stated that former Mayor Nancy Neafie would have been pleased with the project.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution Determining to Proceed with the Issuance of $3,300,000 General Obligation
Essential Corporate Purpose Bonds and $200,000 General Obligation Building
Renovation Bonds
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Issuance of $800,000 Sewer Revenue Bonds, Series 1997
COMMENTS: The Finance Director stated that the $800,000 Sewer Revenue Bonds, Series
1997 was for sewer work. He stated that the bonds would be repaid with the revenue from the
City's sewer fund. Council Member Scott stated that the sewer work was a big beginning for the
City. The City Manager stated that one of the goals of the Council was to look at utility billing.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution Taking Additional Action to Issue $800,000 Sewer Revenue Bonds, Series
1997
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of Sale of .32 Acres of City Property Located Immediately
North of Pak-A-Way and South of Mt. Pleasant Street Bridge to Pak-A-Way Container
Service
COMMENTS: Mayor Sandell stated that the Council was not prepared to have the hearing on the
sale of .32 acres of City property located immediately north of Pak-A-Way and South of Mt.
Pleasant Street Bridge to Pak-A-Way Container Service due to information received in the last
seven days. Council Member Henry made a motion to table the hearing on the sale of .32 Acres
of City property located immediately north of Pak-A-Way and south of Mt. Pleasant Street
Bridge to Pak-A-Way Container Service. Council Member Heland seconded the motion. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Table Sale of .32 Acres of City Property Located Immediately North of Pak-A-Way and South of Mt. Pleasant Street Bridge to Pak-A-Way Container Service
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Statement: Consideration of Sale of Hotel Burlington at 206 North 3rd Street to Metro
Plains Development, Inc.
COMMENTS: The City Manager stated that the City was required by State law to hold a public
hearing on the sale of Hotel Burlington to Metro Plains Development, Inc. She stated that the
City would transfer the deed at a later date. She stated that the Bond Counsel has determined the
sale price at $100.00. Cliff Wilson of Rural Route #1, Carman, Illinois questioned what would
happen if Metro Plains would not finish the project. Mayor Sandell stated that the City has a pre-assessment agreement with Metro Plains, and were legally bound to pay the property taxes. He
stated that numerous agreements have been signed. The City Manager stated that Metro Plains
was stabilizing the building prior to renovation of the building. She stated that the City was in
partnership with a Fortune 500 company. She stated that the City and Metro Plains have signed
a purchase agreement. Attorney Power stated that Metro Plains has substantial assets. He stated
that the City could take Metro Plains to court and have them finish paying for the project. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
6. Statement: Consideration of An Ordinance Amending the Municipal Zoning Ordinance,
Title 17, of the City Code of the City of Burlington, Iowa by Amending Section 17.66
Signs
COMMENTS: The Development Director stated that the City received a request from Burlington
Catholic Schools Inc. to place identification signs totaling 23 square feet for their new
elementary building under construction at South Roosevelt Avenue. He stated that the present
Ordinance was too restrictive. He stated that the amendments to the Sign Ordinance would
include the following: allow schools located in the Roosevelt Avenue vicinity to have up to 250
square feet of total signage; subdivisions would be allowed two identification signs; and a
modification to the definition of a sign. Council Member Heland stated that he would like to see
staff draft an amendment to the sign ordinance for the next Council meeting to include athletic
fields and similar recreation area signage shall be permitted in addition to other permitted
signage, so long as the signs are intended to be viewed primarily from the playing field and
spectator area. 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 Amending the
Municipal Zoning Ordinance, Title 17, of the City Code of the City of Burlington, Iowa
by Amending Section 17.66 Signs (1st Reading)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
7. Statement: Consideration of Plans and Specifications for the 1997-1998 East-West
Arterial (Mason Road)
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1997-1998 East-West Arterial (Mason Road) for Council and the viewing audience. He stated that the
budgeted cost for phase I was $563,000.00. He stated that the total cost for phase I and phase II
was $2,400,000.00. He stated that bids would be taken on July 23, 1997 and the project would
be awarded on August 4, 1997. He stated that construction would commence within two to three
weeks after awarding the project. He stated that the project would be completed by the middle of
November, 1997. Council Member Scott stated that he didn't feel citizens would be upset by the
road being barricaded for four to six months. He questioned if property owners of phase II who
would be having their homes purchased by the City have been notified. Attorney Power stated
that he has only been working with property owners of phase I. Loren Walker of 2109 Mason
Road and representing the Diewold Trust stated that he was not in favor of blocking the road. He
stated that the did not want to slow down development plans. Council Member Henry stated that
he was excited about seeing development in the area. 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 1997-1998 East-West Arterial
(Mason Road)
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion for Final Adoption of An Ordinance: An Ordinance Amending the Land Use Map
and Municipal Zoning Map and Title 17, Zoning Ordinance, of the City Code of the City
of Burlington, Iowa, 1997, by Rezoning the West Avenue Business Park Subdivision
from "R-1A" One-family Residential to the West Avenue Business Park P.U.D. (Planned
Unit Development)
DISCUSSION: The City Manager stated that there had been no changes to the Ordinance Amending the Land Use Map and Municipal Zoning Map and Title 17, Zoning Ordinance, of the City Code of the City of Burlington, Iowa, 1997, by Rezoning the West Avenue Business Park Subdivision from "R-1A" One-family Residential to the West Avenue Business Park P.U.D. (Planned Unit Development) from the last council meeting. 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 Development Agreement with MDI Limited Partnership #61
DISCUSSION: The City Manager stated that the key criteria for the Development Agreement with MDI Limited Partnership #61 was as follows: meets the objective as established for urban renewal area which enhances the base, provides decent safe and sanitary housing opportunities, promotes development of property which is non-productive; property is located in a TIF district; the City will provide a grant of $300,000.00 to the developer; the grant proceeds given after work has been documented and receipts have been provided; a loan of $1.2 million will be made between the developer and a not-for-profit organization; the City will convey property for $100.00; the City agrees that it has title; the developer will present the plans for recommendation to the City for approval; the City shall furnish the developer with a certificate of completion; and the developer carries $1,000,000.00 liability insurance coverage and workers compensation insurance. She stated that the agreement was very clear that public assistance means the grant of $300,000.00 provided by the City to the Developer for the purpose of defraying a portion of the costs associated with the redevelopment of the property in accordance herewith. She stated that such conveyance of the property shall be accomplished by full warranty deed recordable among the applicable land records, which deed shall be executed and delivered by the City simultaneously with the execution of the agreement. She reviewed the breach of contract with the Council. She further stated that the City shall in no way assume any liability of the Developer, if any, or the removal of Hazardous Substances, including, but not by way of limitation, asbestos or petroleum products, from, on or under the property, if any. She stated that each party shall be responsible for any and all suits, demands, costs, or actions proximately resulting from its own individual acts or omissions. She stated that the City did reference checks on the developer, which all came back with an excellent record. She stated that the project was a win-win for everyone involved. She stated that credit for the project's success was shared with the following organizations: the Chamber of Commerce, the Development Corporation, and Downtown Partners. Council Member Heland stated that he has a good feeling about the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Expressing A United Concern for Safety Along the U.S. Highway
61/Roosevelt Avenue Corridor Through Des Moines County and the City of Burlington
DISCUSSION: The City Manager stated that the City and the Des Moines County Supervisors have adopted a joint Resolution Expressing A United Concern for Safety Along the U.S. Highway 61/Roosevelt Avenue Corridor Through Des Moines County and the City of Burlington. She stated that the City of West Burlington would be adopting a similar Resolution. She stated that the area on and around U.S. Highway 61/Roosevelt Avenue Corridor was experiencing rapid growth causing increased traffic through the corridor, resulting in congestion and increased potential for accidents and traffic delays. She stated that she would be contacting the Iowa Department of Transportation to request the inclusion of a study to determine methods of eliminating the traffic congestion along the U.S. Highway 61 Corridor through Des Moines County and the City of Burlington in the Planning Study Section of the Iowa Transportation Improvement Program. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution of Necessity Providing for the Special Assessment of the 1997 Alley Surface
Improvements Assessment Project, Acres to Denmark Between Madison and 8th Street
DISCUSSION: The Public Works Director stated that the City received a petition from property owners requesting alley surface improvements at Acres to Denmark between Madison and 8th Street. He stated that the project would be an assessment project paid 100% by the property owners. He stated that the hearing on the Resolution of Necessity would be held on July 21, 1997. He stated that the property owners would be notified of the public hearing. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Tabling Action on the Resolution of Necessity for the Special Assessment of
the 1997 Alley Surface Improvements Assessment Project, Acres to Denmark Between
Madison and 8th Street and Setting a Time for Hearing on the Same and Providing Notice
Thereof
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
PETITIONS:
1. Motion to Receive and File Petition from Property Owners Requesting an improved street
to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full
width P.C. Concrete located at 15th Street between Hedge and Dunham Street by
Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for
25% of the Cost for the Concrete Work as Constructed, the ACC Material, and Other
Project Costs as May be Necessary
DISCUSSION: Council Member Heland stated that Property Owners have filed a petition requesting an improved street to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full width P.C. Concrete located at 15th Street between Hedge and Dunham Street by requesting participation in a cost sharing program and voluntarily agree to pay for 25% of the cost for the concrete work as constructed, the ACC material, and other project costs as may be necessary. He stated that the City would pay 75% of the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" THOMAS, HELAND, HENRY, SANDELL
1 - "ABSTAIN" SCOTT) CARRIED
2. Motion to Receive and File Petition from Property Owners Requesting an improved street
to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full
width P.C. Concrete located at Hedge Street between 15th Street and 16th Street by
Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for
25% of the Cost for the Concrete Work as Constructed, the ACC Material, and Other
Project Costs as May be Necessary
DISCUSSION: None.
(VOTE: 4 - "AYES" THOMAS, HELAND, HENRY, SANDELL
1 - "ABSTAIN" SCOTT) CARRIED
MOTION/RESOLUTION:
1. Resolution Approving An Underground Storage Bin Grant Program
DISCUSSION: Council Member Heland stated that the Resolution Approving an Underground Storage Bin Grant Program should have never been placed on the consent agenda due to public monies being spent for private gain. He stated that he was not opposed to the program. The City Manager requested a change to the attachment "A" of the Sidewalk Vault Grant Program Criteria to read as follows: The magnitude of the improvement is such that it will place an undue financial hardship upon the effected business. The cost of the improvement is equal to or greater than twenty-five percent (25%) of the 1996 assessed value of the property. Council Member Henry made the motion. Council Member Scott seconded the motion. Council Member Scott stated that he didn't feel the Underground Storage Bin Grant Program would be a continuing on-going expense for the City. Mayor Sandell made a motion to amend attachment "A" of the Sidewalk Vault Grant Program Criteria by adding #5 as follows: The grant must be associated with a City sponsored capital project. Council Member Scott seconded the motion. 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 Attachment "A" Sidewalk Vault Grant Program Criteria of the
Resolution Approving An Underground Storage Bin Grant Program
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Adjournment: 9:33 p.m. Approved: August 4, 1997
Kathleen P. Salisbury John K. Sandell
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 and Release of Retention Monies for the 1995 West Burlington Avenue Paving Improvements, Mt. Pleasant Street to Plank Road
Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the
1996 Front Street Paving Improvements, Jefferson to Washington
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
PETITIONS:
1. Motion to Receive and File Petition from Property Owners Requesting an improved street
to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full
width P.C. Concrete located at Denmark between Madison and 8th Street by Requesting
Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the
Cost for the Concrete Work as Constructed, the ACC Material, and Other Project Costs
as May be Necessary
2. Motion to Receive and File Petition from Property Owners Requesting an improved alley
to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full
width P.C. Concrete located between the 800 block of Curran and Gratton by Requesting
Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the
Cost for the Concrete Work as Constructed, the ACC Material, and Other Project Costs
as May be Necessary.
3. Motion to Receive and File Petition from Property Owners Requesting an improved alley
to include standard P.C. concrete curb and gutter and 8" of asphaltic concrete or full
width P.C. Concrete located on Valley Street between Garfield and Leebrick by
Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for
25% of the Cost for the Concrete Work as Constructed, the ACC Material, and Other
Project Costs as May be Necessary
4. Motion to Receive and File Petition from Property Owners Requesting an Improved
Street to Include Standard P.C. Concrete Curb and Gutter located at Williams Street
between Ironwood and Hagemann by Requesting Participation in a Cost Sharing Program
and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Constructed,
the ACC Material, and Other Project Costs as May be Necessary
5. Motion to Receive and File Petition from Property Owners Requesting an Improved
Street to Include Standard P.C. Concrete Curb and Gutter located at Acres Street between
6th and 8th Street by Requesting Participation in a Cost Sharing Program and Voluntarily
Agree to Pay for 25% of the Cost for the Concrete Work as Constructed, the ACC
Material, and Other Project Costs as May be Necessary
6. Motion to Receive and File Petition from Property Owners of the 1500 Block of Madison
and 8th Street requesting the Voluntary Assessment of their Alley, referred to as the 1997
Alley Surface Improvements Assessment Project, Acres to Denmark Between Madison
and 8th Street
RESOLUTIONS:
1. Preliminary Resolution for the Special Assessment of the 1997 Alley Surface
Improvements Assessment Project, Acres to Denmark Between Madison and 8th Street
2. Resolution Ordering Notice to Utility Companies and Property Owners to Make, Repair,
or Relocate Any Water or Other Utility Connections for the 1997 Alley Surface
Improvements Assessment Project, Acres to Denmark Between Madison and 8th Street
3. Resolution Determining the Valuation of Each for the Special Assessment of the 1997
Alley Surface Improvements Assessment Project, Acres to Denmark Between Madison
and 8th Street
4. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
1997 Alley Surface Improvements Assessment Project, Acres to Denmark Between
Madison and 8th Street
5. Resolution Approving Outdoor Sales Area for Amera-Team Investments, Inc.
dba/Jefferson Street Cafe
6. Resolution to Specify the Use of Additional Tax Credit Reimbursement
7. Resolution Approving Agreement with McGladrey and Pullen, LLP for Annual Audit for
Fiscal Year 1996-1997 City's Financial Statements
8. Resolution Awarding Contract for the Burlington Northern Railroad Depot Renovation
Project
9. Resolution Awarding Contracts and Modification No. 1 for Runway 12-30 Rehabilitation
FAA AIP Projects 3-19-0010-08 & 3-19-0010-14
Resolution Awarding Contract for a Portion of the 1997 Memorial Auditorium Banquet
Room Improvements
Resolution Approving Purchase of Vehicle for the Burlington Police Department,
Criminal Investigation Division
12. Resolution Approving Agreement for the 1997-98 Iowa Main Street Program
13. Resolution in Support of the Participation in the Iowa Main Street Program
SET DATE FOR PUBLIC HEARINGS: (July 21, 1997)
1. Consideration of Plans and Specifications for the Nancy Neafie Memorial Park
2. Consideration of the Concept for the 1997 Dankwardt Park Pathway
3. Consideration of Issuance of $1,200,000 Bond Issue for Hotel Burlington
4. Consideration of Concept for Burlington Regional Family Sports Complex
APPOINTMENTS:
Library Board of Trustees: Roger Sheagren