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. 40
August 18, 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
PROCLAMATION: America Goes Back to School - Dr. Swanson
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: None.
(VOTE: 5 "AYES") CARRIED
RESOLUTIONS:
1. Resolution Providing for the Sale and Issuance of $4,500,000 General Obligation
Corporate Purpose Bonds and Providing for the Levy of Taxes to Pay the Same
DISCUSSION: The Finance Director stated that the City received an A2 rating from Moody. Rex Ramsay of Piper and Jaffray stated that an A2 rating was an excellent rating. He stated that the City held their three bond sales on August 18, 1997 at 1:00 p.m. He stated that the City received excellent rates. He stated that the lowest bidders were as follows: $4,500,000.00 to Harris Trust with an average rating of 4.8474%; $730,000.00 to Harris Trust with an average rating of 4.3115%; and the $800,000.00 to Ruan Securities Corporation with an average rating of 4.97%. He stated that the $730,000.00 bond issue was refunding a 1990 issue which would save the City $24,500 in reduced debt service. Council Member Heland congratulated the Finance Director for refunding the bond issue and saving the City $24,500.00 in interest monies. The Finance Director gave credit to Rex Ramsay of Piper and Jaffray for letting him know that the City could refund the bonds. All present had opportunity to speak and nothing additional was filed in the office of the city clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Providing for the Sale and Issuance of $730,000 General Obligation
Refunding Bonds, Providing for the Levy of Taxes to Pay the Same and Calling the
City's Series 1990 Bonds for Prepayment
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Authorizing and Providing for the Issuance and Securing the Payment of
$800,000 Sewer Revenue Bonds, Series 1997
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
HEARINGS:
1. Statement: Consideration of Plans and Specifications for the 1997 ACC Resurfacing Project
COMMENTS: The City Manager stated that the 1997 ACC Resurfacing Project was a
resurfacing project of neighborhood streets. She stated that the projects were budgeted for in the
1997-98 budget. The Public Works Director stated that there were no changes to the projects
from the concept hearing. He stated that the following streets were included in the project:
Miller Street, Dunham to Harrison Avenue; North 6th Street, Franklin Street to Spring Street;
North 5th Street, Franklin Street to Spring Street; North 4th Street, Franklin Street to Spring
Street; Franklin Street, 6th Street to 7th Street; Iowa Street, 5th Street to 7th Street; and North 9th
Street , North Street to Oak Street. He stated that the City would receive bids on September 3,
1997 and award the project on September 15, 1997. He stated that construction would
commence within seven to ten days from award of the contract. He stated that the estimated cost
of the project was $350,000.00. He stated that the City had budgeted $432,000.00 for the
project. He stated that the project would be funded with sales tax monies. Council Member
Scott stated that the project had been on the City's five year plan for several years, but due to the
sales tax monies the City has received, the City was able to move the projects up. 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 ACC Resurfacing Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of the Concept for the 1997 Residential Street Improvements
(Sealcoat to Pavement)
COMMENTS: Council Member Scott stated that he would abstain from voting on the 1997
Residential Street Improvements due to conflict of interest. The City Manager stated that the
City's share of the project would be funded with Road Use Tax monies. The Public Works
Director reviewed the plans and specifications to the Council and viewing audience. He stated
that the City received seven petitions for street or alley work, and all seven were qualifying
projects. He stated that the following streets were included in the projects: Acres Street, 6th to 7th
- Division I; 15th Street, Dunham to Hedge - Division II; Alley, Valley to Market between
Leebrick & Garfield - Division III; Denmark Street, Madison to 8th - Division IV; Hedge Street,
15th to 16th - Division V; Acres Street, 7th to 8th - Division VI; and Williams Street, Ironwood to
Hagemann - Division VII. He stated that total estimated cost of the projects was $402,000.00.
He stated that the City's cost was $299,000.00, and the property owner's cost was $103,000.00.
Larry Williams, citizen, questioned if the property owners would be assessed for any driveway
work. The Public Works Director stated that if the driveway was not paved or was not paved to
the property line the property owner would be assessed for the improvements over a ten year
period. Council Member Heland made a motion to receive and file a petition from property
owners of Hagemann Avenue and Williams Street concerned with water runoff due to the
proposed construction projects. Council Member Henry seconded the motion. After roll call
vote the motion was carried. Mayor Sandell suggested that the City Clerk send letters to those
citizens who signed the petition inviting them to the hearing on the plans and specifications. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Receive and File Petition from Property Owners of Hagemann Avenue and
Williams Street Concerned with Water Runoff Due to Proposed Construction Projects
DISCUSSION: None.
(VOTE: 4 - "AYES" SANDELL, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SCOTT) CARRIED
Motion to Close
(VOTE: 4 - "AYES" SANDELL, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SCOTT) CARRIED
3. Statement: Consideration of An Ordinance Amending Chapter 10.28 Stopping, Standing or
Parking of the Burlington Municipal Code
COMMENTS: The Police Chief reviewed the major changes to the Ordinance Amending
Chapter 10.28 Stopping, Standing, or Parking of the Burlington Municipal Code to Council and
the viewing audience. He stated that he would be coming back to Council with the fee schedule
at the final adoption of the Ordinance for dumpsters or any other non-registered, non-self-propelled equipment that would need a permit from the City Clerk. Council Member Thomas
questioned if there was a storage fee for abandoned vehicles. The Police Chief stated that there
was a towing storage fee, and the vehicle was also subject to being auctioned off after a certain
time period. Council Member Thomas stated that he liked the idea of requiring that dumpsters
display a red light or reflective equipment. The Police Chief stated that the Police Department
would not be out canvassing neighborhoods, but would be complaint driven. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for the Preliminary Adoption of the First Reading of An Ordinance Amending
Chapter 10.28 Stopping, Standing or Parking of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration of An Ordinance Amending Section 2.04.060 Compensation of
Mayor and Council Members of the Burlington Municipal Code
COMMENTS: Council Member Scott stated that the proposed Ordinance would provide the
compensation of Mayor at $550.00 monthly and Council Members at $500.00 monthly. Council
Member Heland stated that he promoted a similar Ordinance amendment eighteen months
earlier. He stated that the last pay increase was 1981. He stated that the compensation was a
small token to help council members who have to take time off of work without pay. Council
Member Scott stated that he had brought up the increase to the Council. He stated that it was
appropriate to ask for an increase. Council Member Henry stated that he has wrestled with the
idea of presenting an increase to Council. He stated that he would vote in favor of the Ordinance
amendment as many council members have to take time off of their jobs to work as a council
member. Mayor Sandell stated that the raise would be effective January 1, 1998. He stated that
he would be voting against the increase. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for the Preliminary Adoption of the First Reading of An Ordinance Amending
Section 2.04.060 Compensation of Mayor and Council Members of the Burlington
Municipal Code
DISCUSSION: None.
(VOTE: 4 - "AYES" SCOTT, THOMAS, HELAND, HENRY
1 - "NAY" SANDELL) CARRIED
5. Statement: Consideration of the Concept for the 1997 Riverfront Improvements, Phase III
COMMENTS: The City Manager stated that staff would be presenting the concept of the public
improvements for the riverfront . She stated that staff would be blending the needs of the public
which includes recreation, private enterprise, open space, boating and the City's investment in
downtown revitalization. She stated that Catfish Bend was in the middle of a review for a special
use permit. She stated that due to the review not being complete the City would not be able to
identify the specific number of parking spaces to be used by Catfish Bend. Jim Edgemond of
Stanley Consultants reviewed the concept of the barge and riverboat area. He further reviewed
the layout of the parking area. The City Manager stated that the temporary utilities that are
located north of the bridge will be removed as part of the overall improvement. Gary Hoyer,
Attorney for Catfish Bend presented the view of Catfish Bend in relation to the bridge and the
Port of Burlington building. The City Manager stated that the City has budgeted monies for a
restroom. She stated that it would be up to Council to determine where the restroom will be
located. Dave Metzger of Metzger Johnson stated that he met with Council and various user
groups and special interest groups on July 25, 1997 in regard to the improvements. He reviewed
the concept drawings of the base bid of the project, which includes parking, one-way circulation
area, landscaping, lighting, plaza area, new entrance area for Memorial Auditorium, storm sewer,
and basic infrastructure improvements. Martin Salino-Hugg of Metzger Johnson reviewed the
options available for site improvements that were not a part of the base bid. Mayor Sandell
stated that angled parking was by far the most convenient for people. He stated that he would
like to see a water treatment on riverfront that serves two functions. Council Member Heland
stated that the area needed to be tourist friendly. The Public Works Director reviewed the
concept of the south boat ramps. He stated that there would be constructed a four bay
perpendicular boat dock as opposed to a diagonal boat dock. The City Manager stated that the
improvements would total $3,900,000.00 in public investment. She stated that the boat ramps
were $250,000.00. She stated that the parking lot and restrooms were $150,000.00. She stated
that the City budgeted 1,500,000,.00 for the area between the Port of Burlington and Memorial
Auditorium. She stated that the City was also looking at sidewalk improvements in the
downtown that will draw traffic onto the riverfront for $320,000.00. She stated that in addition
the City would spend $1,700,000.00 north of the Port of Burlington to accommodate Catfish
Bend, which will be guaranteed by a letter of credit or some other financing mechanism to the
Finance Director's satisfaction. Sam Jennison of 1259 South Main presented a petition
representing 3,238 signatures protesting the proposed docking of the gambling boat, between the
Port of Burlington and the Great River Bridge. He stated that the City was giving up prime land
for private purpose. Kevin Switzer of Highway 99 stated that the boat would be more accessible
to the public. He congratulated Council for doing a good job. Chuck Welch of 121 Indian
Terrace stated his concern for parking in the riverfront. He questioned who would be policing
the parking on the riverfront. The City Manager stated that Catfish Bend would be in charge of
policing the area for parking. She stated that the details were still being worked out. Dan Kiehl
of Catfish Bend stated that their employees would not be parking in the riverfront parking lot if
there was an event going on at Memorial Auditorium. Brent Maxwell of 804 South 8th stated that
the gambling boat will be the size of Memorial Auditorium and will block the view of the
riverfront. Bob Cohenour of 118 South Woodland Avenue questioned where Memorial
Auditorium patrons would park. The City Manager stated that the spaces between the Port of
Burlington and Auditorium, and the south parking lot will be available for Memorial Auditorium
patrons. Ken Rosenberry of 1414 Summer stated that he didn't want to see a fountain or
buildings constructed on the riverfront. Larry Williams of 2000 Sunrise Lane stated that there
was a need for an emergency north boat ramp for boaters. John Keith of 1214 Spruce Street
suggested that Catfish Bend park their boat at Riverside Park. Jim Olson of 829 Easy Street
stated that he strongly supports Council. He presented pictures of the riverfront prior to 1990.
He stated that back then the riverfront was not a pretty site. He stated that the gambling boat was
not in Burlington during the summer when the boaters are using the river. Jim Rheinschmidt
agreed with Jim Olson that the riverfront was once not a pleasant site. Judy Amenell of 558
Roseville Drive, West Burlington stated that Catfish Bend will do a good job policing the
parking at the riverfront. Dave Ebbing of 11091 Oak Ridge Road stated that BADCO
unanimously endorsed the location of the riverboat. He stated that the proposed improvements
made him proud to be a Burlingtonian. Ron Darnell of 2020 Sunnyside stated that the concept of
the riverfront was beautiful. He stated that the City has not provided for decent boat ramps for
the boaters in the past. Jack Voelker of 912 Shields stated that the best location elevation wise
for the riverboat was at Big Muddy's. He stated that his primary concern was the riverfront.
Newt Colburn of 2213 South Central stated his concern with the south boat ramps in regard to
the depth of the water and the health advisory sign. Jerry Jochims of 10917 Oak Ridge
questioned the coal tar issue. The Public Works Director stated that the City has been in contact
with the Core of Engineers, the Iowa DNR, and also IES in regard to the coat tar issue. Chuck
Siekman of 914 North 3rd Street stated his concern with parking on the riverfront. Cliff Wilson
of Rural Route #1, Carman, Illinois stated that the Riverside Park could be a parking lot and the
riverboat could park down by Riverside Park. Charlie Walsh of 1619 River stated that volunteers
spent many hours in 1982 creating a green space down along the river to create Riverside Park.
Council Member Scott stated that riverboat gambling was voted for by the voters in Des Moines
County. He stated that the issue will be voted upon again in 2002. Council Member Heland
stated that Riverside Park was important to the City of Burlington. He stated that there were not
a lot of options for the riverboat to dock. Council Member Scott stated that the City needed to
take a look at protecting its assets. He stated that the comments made by Jack Voelker were
important. Council Member Henry stated that he would be looking at the long term benefits of
the riverfront. He stated that he would save his comments until the hearing on the plans and
specifications. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
ORDINANCES:
1. Motion for the Preliminary Adoption of the Second 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: The Finance Director stated that the proposed 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. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5- "AYES") CARRIED
2. 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 Continued from the August 4,
1997 City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES" SANDELL, SCOTT, THOMAS, HELAND
1 - "NAY" HENRY) CARRIED
RESOLUTIONS:
1. Resolution Awarding Contract for the 1997 Jefferson Street Paving Project - North 6th Street
to Hawkeye Street Continued from the August 4, 1997 City Council Meeting
DISCUSSION: The City Manager stated that the contract for the 1997 Jefferson Street Paving Project - North 6th Street to Hawkeye Street would be awarded to Mike Nelson Paving. She stated that the Council would be approving a change order for the project at a later date. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Approving Payment to Metro Plains Development, Inc. for Window
Improvements and other expenses for Hotel Burlington
DISCUSSION: The City Manager stated that the proposed Resolution provides for payment in the amount of $227,926.24 to Metro Plains Development, Inc. for window replacement and asbestos removal expenses that they have incurred in the redevelopment of Hotel Burlington. She stated that funds would be disbursed from the escrow account which was set up locally. She stated that the City has met their commitment of $300,000.00 to Metro Plains for the redevelopment of the Hotel. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Approving Sale of Hotel Burlington to MDI Limited Partnership #61
DISCUSSION: The City Manager stated that the proposed Resolution provides for sale of Hotel Burlington to MDI Limited Partnership #61 in the amount of $100.00. Council Member Thomas applauded the redevelopment of the Hotel by Metro Plains. Council Member Henry thanked the City Manager for her work in the redevelopment of Hotel Burlington. He stated that the Development Director was a major instigator of the redevelopment of the project. Mayor Sandell applauded the Council for their work in the redevelopment of the hotel. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Approving the Burlington Area Development Fund
DISCUSSION: The City Manager stated that the approval of the Burlington Area Development Fund supersedes the previous TIF policy. She stated that the new policy was intended to attract jobs and new investment. She stated that businesses eligible for the local incentive fund, and given priority, are for-profit businesses that are either manufacturing, warehouse/distribution centers, teleservices, corporate headquarters, transportation, or financial services that meet the following criteria: investing a minimum of $650,000.00 in new real property in Flint Ridge Business Park; creating a minimum of 5 new full-time equivalent jobs within 24 months and maintaining them for a minimum of 36 months; pays an hourly wage equal to at least 85% of the average county wage for Des Moines County (currently 85% = $9.63/hr.); if pledge funds are made available through a jurisdiction's tax increment financing power, then existing companies within that jurisdiction who wish to expand into the Flint Ridge Business Park must stay current on property taxes for a facility that is vacated for a period of time equal to the term of the tax increment financing package. She stated that the form of assistance may be a forgivable loan, an interest rate buy-down, or land. She stated that the amount of assistance will be based upon the hourly wage of the new positions created and will be as follows: 85 - 100% of average county wage - up to $2,000/new full-time equivalent job created; 101 - 130% of average county wage - up to $3,000/new full-time equivalent job created; 131% or more of average county wage - up to $5,000/new full-time equivalent job created. She stated that all incentives will be secured contractually in the form of a loan agreement. She stated that the loan will be recalled if the company does not meet the performance targets. She stated that initial pledges to the Burlington Area Development Fund total $600,00 and are provided as follows: City of Burlington $200,000.00, City of West Burlington $100,000.00, Des Moines County $100,000.00, and the Burlington Area Development Corporation $200,000.00. She stated that future pledges to the fund would be determined as necessary. Mayor Sandell thanked the Burlington Area Development Corporation for their support. The City Manager stated that all forms of assistance would require a Memorandum of Understanding to be executed immediately upon the completion of the negotiations and will outline all of the terms and conditions. The Finance Director stated that the disbursement of monies would be by bond sale or interfund borrowing. Council Member Henry stated that the #1 incentive was well-trained workforce. Michael Brouwer, Chamber President stated that Burlington was in a desirable position to attract businesses with the new incentive program. He stated that four major players pledging monies sends a strong signal to businesses. Council Member Thomas stated that the spirit of cooperation with other entities was important. Council Member Heland stated that the new development incentives would raise the standard of living in Burlington. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Adjournment: 11:28 p.m. Approved: September 15, 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
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Agreement with Ament Engineering Associates, Inc. for Professional
Engineering Services for the Design of A New Boiler and Air Conditioning Systems, Phase
II for the Burlington Police Department
2. Resolution Approving Lease Agreement with the Des Moines County Historical Society for
Apple Tree Museum
SET DATE FOR PUBLIC HEARINGS: September 2, 1997
1. Consideration of the Concept for the 1997 - 1998 3rd & Washington Street Parking Ramp
Extension
2. Consideration of the Plans and Specifications for the 1997 Dankwardt Park Pathways
3. Consideration of Plans and Specifications for the 1997 Residential Street Improvements
(Sealcoat to Pavement)
4. Consideration of Plans and Specifications for the 1997 Agency and West Burlington Avenue
Intersection Paving Improvements
5. Consideration of an Ordinance Amending Chapter 15.16 of the Uniform Plumbing Code
6. Consideration of An Ordinance to Delete in its Entirety Chapter 10.48 Parking Meters and
Establish a New Chapter 10.48 Parking Enforcements of the Burlington Municipal Code
7. Consideration of An Ordinance Amending Sections 8.04.050 and 8.04.070 of Chapter 8.04
Nuisances of the Burlington Municipal Code
8. Consideration of Waiver of Urban Growth Area Water Policy to Allow Thomas E. and Gigi
Bonar, 9555 Golf Course Road to Hook-up to Rural Water
9. Consideration of Lease Agreement with Catfish Bend Casino
APPOINTMENTS:
Civil Service Commission: Jayne Cornish