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. 39
August 4, 1997
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Sandell, Council
Members Henry, Scott and Thomas, present. Council Member Heland was absent.
BURLINGTON CITY COUNCIL
RECOGNITION CERTIFICATE FOR FRANK STATLER FOR SERVING ON THE PARKS
ADVISORY COMMITTEE
PROCLAMATION: National Night Out - Jim Kuster
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 requested the removal of a Resolution Awarding Contract for the 1997 Jefferson Street Paving Project - North 6th Street to Hawkeye Street for discussion at the close of the meeting. 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 An Ordinance Amending Ordinance No. 2947 As Amended
by Ordinance No. 3022 and 3072, Amending the Provisions of the Urban Revitalization
Plan (Tax Abatement)
COMMENTS: The Finance Director stated that the Ordinance amendment would allow the current tax abatement program to allow for the redevelopment of the upper stories of downtown properties when redevelopment occurs for the purpose of residential dwellings. He stated that his recommendation was consistent with the downtown TESKA plan and was also consistent with the recommendation made by the City's downtown Regional Development Task Force. Jerry Jochims commended Council and staff for their efforts. He stated that rehabilitation cannot commonly start with the second floor but with the first floor, which is generally commercial. He stated that if the City was truly looking for rehabilitation for the downtown, they should go together. The Finance Director stated that he was recommending the City amend the tax abatement for downtown residential purposes and give it a reasonable amount of time to see if it accomplishes what the City hopes to accomplish. He stated that then the City would be prepared to take a look at whether or not the Ordinance should be amended to include commercial purposes. Mayor Sandell stated that the Finance Director's caution was well founded. Council Member Scott stated that the City was working on a revolving loan project that would encompass more than tax abatement. The Finance Director stated that the revolving loan program was for only downtown commercial properties. Council Member Henry stated that the Ordinance was a step in the right direction. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion to Preliminary Adopt the First Reading of An Ordinance Amending Ordinance
No. 2947 As Amended by Ordinance No. 3022 and 3072, Amending the Provisions of the
Urban Revitalization Plan (Tax Abatement)
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
2. Statement: Consideration of Issuance of $730,000 General Obligation Refunding Bonds
COMMENTS: The Finance Director stated that in 1990 the City sold $1,750,000.00 bond issue
primarily for street projects. He stated that there was still $752,000.00 of the bonds left
outstanding. He stated that the interest rate varies from 6.1% to 6.7%. He stated that the City
could now refund the bonds at a rate below 5% over the next three years, and save approximately
$23,000.00 in interest cost. He recommended to the Council to combine the monies with the
General Obligation bonds and sell them at one time, plus the $800,000.00 sewer revenue bond.
He stated that the City would not be incurring any additional debt, but would be refunding the
existing debt as a savings. 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 and Authorizing the Sale of $730,000 General Obligation
Refunding Bonds
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
Resolution Authorizing the Sale and Issuance of $800,000 Sewer Revenue Bonds
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
Resolution Combining Bond Issues and Fixing the Time and Place for Receiving and
Canvassing Bids and Considering and Passing a Resolution for the Sale and Issuance of
$4,500,000 General Obligation Corporate Purpose Bonds
DISCUSSION: None.
(VOTE: 4 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance: An
Ordinance Amending Title 17, Zoning, of the Burlington Municipal Code by Creating
Chapter 17.65 to Provide for the Creation of Two-Mile Zoning in the Area of
Unincorporated Des Moines County, Adjacent Immediately to the Burlington City Limits
DISCUSSION: The Development Director reviewed the amendments to the Two-mile Zoning
Ordinance with Council and the viewing audience. Council Member Scott stated that the
Chairman of the County Zoning Board had told him that he didn't feel the Board of Supervisors
had the political will to pass the Two-mile Zoning Ordinance. He stated that was why he wanted
the Council to go ahead and approve the Two-mile Zoning Ordinance. He stated that at the final
adoption of the Ordinance, the Council could approve an enactment of the Ordinance for a later
date to give the County time to enact their Two-mile Zoning Ordinance. He further stated that
people in Burlington were taking pride in the homes. Council Member Henry stated that the
Two-mile Zoning Ordinance was an important issue, which needed the vote of all of the Council
Members. He made a motion to continue the Preliminary Adoption of the Second Reading of
An Ordinance Amending Title 17, Zoning, of the Burlington Municipal Code by Creating
Chapter 17.65 to Provide for the Creation of Two-Mile Zoning in the Area of Unincorporated
Des Moines County, Adjacent Immediately to the Burlington City Limits to the August 18, 1997
City Council Meeting. Council Member Thomas seconded the motion. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
2. Motion to Amend Section 17.65.080 of An Ordinance Amending Title 17, Zoning, of the
Burlington Municipal Code by Creating Chapter 17.65 to Provide for the Creation of
Two-Mile Zoning in the Area of Unincorporated Des Moines County, Adjacent
Immediately to the Burlington City Limits
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
3. Motion to Amend Section 17.65.260 (9) of An Ordinance Amending Title 17, Zoning, of
the Burlington Municipal Code by Creating Chapter 17.65 to Provide for the Creation of
Two-Mile Zoning in the Area of Unincorporated Des Moines County, Adjacent
Immediately to the Burlington City Limits
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
4. Motion to Repeal Section 17.65.260 (21) of An Ordinance Amending Title 17, Zoning, of
the Burlington Municipal Code by Creating Chapter 17.65 to Provide for the Creation of
Two-Mile Zoning in the Area of Unincorporated Des Moines County, Adjacent
Immediately to the Burlington City Limits
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
5. Motion to Continue the Preliminary Adoption of the Second Reading of An Ordinance:
An Ordinance Amending Title 17, Zoning, of the Burlington Municipal Code by Creating
Chapter 17.65 to Provide for the Creation of Two-Mile Zoning in the Area of
Unincorporated Des Moines County, Adjacent Immediately to the Burlington City Limits
to the August 18, 1997 City Council Meeting
DISCUSSION: None.
(VOTE: 3 - "AYES" HENRY, SCOTT, THOMAS
1 - "NAY" SANDELL) CARRIED
6. Motion for Final Adoption of an Ordinance: 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
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
RESOLUTIONS/MOTION:
1. Resolution Approving Agreement with the City of West Burlington, Des Moines County,
and the Iowa Department of Transportation for Urban Primary Road Service Tabled from
the July 21, 1997 City Council Meeting
DISCUSSION: Mayor Sandell stated that the agreement with the City of West Burlington, Des Moines County, and the Iowa Department of Transportation for Urban Primary Road Service was tabled at the July 21, 1997 City Council meeting due to a problem with the language of the agreement. The City Manager stated that the agreement has been amended to provide that the need or justification for major improvement of U.S. 61 corridor (on present or new alignment) in the Urban Area shall be determined by the State, the City of Burlington, and the Southeast Iowa Regional Planning Commission through the state and regional transportation system planning process; and any such improvement may be further evaluated by location and concept planning studies and an environmental assessment. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
2. Resolution To Sell Annual Season Pass for Flint Hills Municipal Golf Course Owned
Golf Cars
DISCUSSION: The City Manager stated that the Parks and Recreation Department staff and the Golf Course Advisory Committee has recommended annual season passes for the use of City-owned golf cars while playing golf at Flint Hills Municipal Golf Course. She stated that the season tickets would be for weekdays only and would cost $350.00 per person. She stated that any additional rider on the car would pay one-half of the current cart rental fee. She stated that two golf car season ticket holders playing together would have to share the same car. She stated that the first year the season tickets would be limited to 20 season tickets, which would allow for staff and the committee to evaluate the program and assure that there were enough cars available for daily fee golf car customers. She stated that the season passes would become effective for the 1998 golf season. She stated that approving the season passes early would allow people to purchase the season tickets for the holiday season. Mayor Sandell stated that the Council would be approving the revised season golf fee schedule prior to the holiday season. Council Member Thomas stated that he liked the idea that the program would be evaluated after the first year. Council Member Scott stated that Flint Hills Golf Course was having a tremendous year. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
3. Resolution Approving Replat of Lot 4B, By Creating Lot 4B in the First Addition to
Strause Subdivision (Aramark)
DISCUSSION: The Development Director stated that the City received a request from Carl A. Nelson Company for approval of a minor replat of the First Addition to Strause Subdivision by creating a Lot 4 B to construct Aramark Uniform Services regional distribution center. He stated that the proposed building would be 12,000 square feet. He stated that they have requested the City finance an estimated $73,350.00 worth of public infrastructure ($25,000 water line, 3 hydrants, and tap fee, and $43,500 for paving improvement including cul-de-sac) within an established TIF District. He stated that Aramark would take occupancy on December 1, 1997. Tim Ballard, President, of Carl A. Nelson & Company thanked the City for their help in getting the project off to a good start. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
4. Resolution Approving the Hiring of Two Burlington Police Officers Under Community
Oriented Policing Services Block Grant
DISCUSSION: The Police Chief stated that a week ago he received a call from the COPS office and the Department of Justice inquiring if the City would be interested in applying for a couple of additional officers over and above the two that have been authorized. He stated that the Police Department would be interested in making application for the hiring of two additional police officers. He stated that if the City would receive the grant the officers would be used as full-time bike officers. He stated that the bike patrol has been very successful in dealing with drugs. He stated that the bike patrol traffic enforcement and public relations were also outstanding. He further stated that it would be to the community's benefit to expand the utilization of the bike patrol. The Finance Director stated that the hiring of the two Burlington Police Officers under the Community Oriented Policing Services block grant was contingent upon the continued availability of funding for the local match. He stated that in the event the local match was not available, those two positions would be eliminated. The City Manager stated that the City wanted to make it clear to future Councils that the two positions were temporary positions. Council Member Scott stated that the City was headed in the right direction with the utilization of the bike patrol. Council Member Thomas stated that he was in favor of hiring the two additional Police Officers. He stated that the bottom line was that every neighbor needed to combat crime. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
5. Resolution In Support of Risk Management
DISCUSSION: The City Manager stated that the Resolution in support of Risk Management was a cooperative effort between the Des Moines County Supervisors, the Burlington Waterworks, and the City of Burlington. She stated that the City was attempting to fund a Safety Coordinator that would be responsible for developing a Risk Management program. She stated that all three government bodies have indicated a support share of the position. She stated that the individual would report to an administrative group that would be made up of five individuals: two from the City, one from the County, and one from the Waterworks. She stated that the objective was to create safe working conditions for all City and County employees, including the employees of the Waterworks. She stated that the City's portion of the position would be funded from the amount budgeted for insurance premiums. The Finance Director further reviewed the funding of the position. Council Member Thomas stated that he was happy to see a cooperative effort between the City and the County. Council Member Henry stated that the program would save the City monies in the long run. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
6. Resolution Approving 28E Intergovernmental Agreement with the Southeast Iowa
Regional Airport Authority
DISCUSSION: The City Manager reviewed the contents of the 28E Intergovernmental agreement with the Southeast Iowa Regional Airport Authority with Council and the viewing audience. She stated that the agreement specifically spells out what is expected of the City and the Airport Authority. She stated that West Burlington and the Airport Authority would have their own 28E agreement. Council Member Henry stated that the City was not receiving a lot of service back from the Airport Authority. The City Manager stated that the City was trying to help the Airport Authority get on their feet. She stated that West Burlington was helping the Airport Authority in the financial aspect. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
7. Resolution Expressing United Support for the Construction of An Interchange on
Beaverdale Road
DISCUSSION: Mayor Sandell stated that the City was going to support West Burlington's position on the construction of an interchange on Beaverdale Road. He stated that he believed the County would support the position of West Burlington. He stated that there would be a presentation on August 12, 1997 with the Iowa Department of Transportation. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
8. Resolution in Support for the Central Avenue Overpass Project
DISCUSSION: Mayor Sandell stated that the City needs the support of the Iowa Department of Transportation to fund the Central Avenue Overpass Project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
9. Resolution Encouraging Expansion of the Commercial Air Service Marketing Program to
Broaden Local Efforts in Developing Commercial Air Service for Iowa
DISCUSSION: The City Manager stated that the Iowa Department of Transportation has restrictive requirements to participate in marketing programs for commercial air service. She stated that the proposed Resolution urges the Iowa Department of Transportation to ease up on those restrictions so that the City can start marketing the commercial air service in a much more aggressive manner. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
10. Resolution Awarding Contract for the 1997 Jefferson Street Paving Project - North 6th
Street to Hawkeye Street
DISCUSSION: Council Member Scott stated that there was some concern by staff that the 1997 Jefferson Street Paving Project - North 6th Street to Hawkeye Street might not take place. He stated that the biggest concern was the coal bins on Jefferson Street by a couple of the property owners. He stated that the project was important from an economic standpoint as far as redevelopment of the downtown. He stated that the Council needed to look at the project and possibly come up with a compromise to get the project underway. The Public Works Director recommended to the Council that they table the award of the contract until the August 18, 1997 City Council meeting to give the property owners time to take care of their coal bins. He stated that the worst case scenario would be that the Council would need to reject the bids and start the project next spring. Council Member Scott made a motion to continue the Resolution Awarding Contract for the 1997 Jefferson Street Paving Project - North 6th Street to Hawkeye Street to the August 18, 1997 City Council Meeting. Council Member Thomas seconded the motion. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES") ADOPTED
11. Motion to Continue the Resolution Awarding Contract for the 1997 Jefferson Street
Paving Project - North 6th Street to Hawkeye Street to the August 18, 1997 City Council
Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: William Royer of 10564 Rolling Hills stated that he was
opposed to the Two-mile Zoning Ordinance. He stated that Council Member Scott was on the
right track in giving the County more time to enact their Two-mile Zoning Ordinance. He
further stated that there were several homes in Burlington that were in bad condition. Mrs. Royer
of 10564 Rolling Hills stated that there were many homes in Burlington that were trashed. She
stated that there was no reason a person can not take care of their yard. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 8:45 p.m. Approved: August 18, 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 1993 Mt.
Pleasant/Roosevelt Paving Improvements
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contract for the 1997 Miller Street Paving Improvements, Dunham
to Crestview
2. Resolution Awarding Contract for the 1997 Memorial Auditorium Banquet Room
Renovation - Electric Fixtures - Second Letting
3. Resolution Approving Change Order for the 1997 Parking Lot Repairs
4. Resolution Approving Change Order No. 1 for the 1996-1997 Riverside Park Rip-Rap
Project
5. Resolution Approving Change Order No. 1 for 1997 Division Street Paving
Improvements, West Burlington Avenue to Broadway
6. Resolution Approving a Transit Joint Participation Agreement to Implement a Federal
Transit Administration (FTA) Non-Urban Capital Grant
7. Resolution Approving Acceptance for Maintenance and Operation of the 1996 Sierra
Drive Area Sanitary Sewer Extension
8. Resolution Approving Purchase of Pickup Truck for the Burlington Fire Department
9. Resolution Approving Payment to Metro Plains Development, Inc. for Expenses on Hotel
Burlington
SET DATE FOR PUBLIC HEARINGS: (August 18, 1997)
1. Consideration of Plans and Specifications for the 1997 ACC Resurfacing Project
2. Consideration of the Concept for the 1997 Residential Street Improvements (Sealcoat to
Pavement)
3. Consideration of Lease Agreement with the Des Moines County Historical Society for
Apple Tree Museum
4. Consideration of the Concept for Riverfront Improvements North of the Port of
Burlington
5. Consideration of An Ordinance Amending Chapter 10.28 Stopping, Standing or Parking
of the Burlington Municipal Code
6. Consideration of An Ordinance Amending Section 2.04.060 Compensation of Mayor and
Council Members of the Burlington Municipal Code