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. 38
July 21, 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. Mayor Sandell stated that the City had
received an airport grant in the amount of $2.4 million for major runway improvements. He
thanked Senator Harkin, Chamber of Commerce members, Council Members Scott and Henry
who went to Washington, D.C. to speak on the issue. Council Member Thomas stated that
recently the bike patrol make two felony arrests.
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: Council Member Heland removed from the consent agenda for discussion at the end of the meeting the following Resolutions: Resolution Awarding Contract for the 1997 Garden, Willow, and Lawn Paving Improvements and the Resolution Approving Agreement with the City of West Burlington, Des Moines County, and the Iowa Department of Transportation for Urban Primary Road Service.
(VOTE: 5 "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Issuance of $1,200,000 General Obligation Economic
Development Bonds
COMMENTS: The City Manager stated that the issuance of $1,200,000.00 General Obligation
Economic Development Bonds was for economic development. She stated that no petitions were
received in regard to the hearing. She stated that the bonds would be repaid with TIF monies
from the Hotel Burlington. She stated that there would be no property tax increase due to the
issuance of the bonds. Council Member Heland stated that Attorney Bob Josten of Dorsey and
Whitney is the Bonding Attorney for the City. 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 $1,200,000 General Obligation
Economic Development Bonds
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the Nancy Neafie Memorial
Park
COMMENTS: The City Manager stated that Council had authorized $10,000 from the general
fund for the Nancy Neafie Memorial Park. She stated that private donations were also received.
The Parks Superintendent reviewed the plans and specifications of the project to Council and the
viewing audience. 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 Nancy Neafie Memorial Park
DISCUSSION: Council Member Heland stated that he was pleased to introduce the Resolution approving plans and specifications for the Nancy Neafie Memorial Park. Mayor Sandell stated that he hoped the project would be completed prior to snow flying. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of the Concept for the Dankwardt Park Pathway
COMMENTS: The Parks Superintendent reviewed the plans and specifications for the
Dankwardt Park Pathway project to the Council and viewing audience. The City Manager stated
that the project would be funded by the Starker Trust from the 1996-97 budget. Council Member
Thomas stated that he walked the proposed pathway and was impressed that the Parks
Superintendent wants to stay away from the trees, yet get close to the wooded area. Council
Member Heland stated that he felt it would be appropriate to name and dedicate the project at the
same time. He suggested the path be named after Dick Draper who has given monies for Lake
Starker and for the riverfront improvements.
Motion to Close CARRIED
4. Statement: Consideration of the Concept for the Burlington Regional Family Sports
Complex
COMMENTS: The City Manager stated that the Burlington Regional Family Sports Complex
would be funded with TIF monies, sales tax proceeds, and private donations. Dave Metzger of
Metzger Johnson reviewed the plans and specifications for the Burlington Regional Family
Sports Complex to the Council and viewing audience. Jim Hilkemeyer of Rec Tech reviewed the
functional issues of the sports complex. Dave Metzger stated that he had met with neighbors and
they had requested a buffer be provided. He stated that the proposed buffer would be trees. Don
Pierson of 914 Canterbury Drive presented pictures of the detention pond located at Sierra Drive
that has a fence with weeds grown up around it. He stated that he would like to see a walking
path placed around the proposed detention pond instead of a fence due to maintenance problems.
He further stated that the neighbors would like a lighting buffer and sound barrier. Jim
Hilkenmeyer stated that with new technology the lighting could be changed. He stated that trees
could be placed as a buffer. He further felt that there would not be a noise problem. The City
Manager stated that maintenance of the detention pond would be provided by the operator of the
Sports Complex. Keith Bloomquist who served on the Sports Complex Committee stated that
the Sports Complex would be self-supporting and would be able to pay for upkeep of the area.
He thanked the City Manager and Council for their support. Dave Metzger thanked the
committee for their work. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
Motion to Close CARRIED
5. Statement: Consideration of Resolution of Necessity for the Special Assessment of the
1997 Alley Surface Improvements Assessment Project, Acres to Denmark Between
Madison and 8th Street
COMMENTS: The City Manager stated that the hearing 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 was required by State law. Dolores Titus questioned if
the City would be making contact with the contractor to commence improvements to the alley
surface. The Public Works Director stated that the City would be using the quotes that were
received from the property owners of the project. He stated that he would be coordinating a
meeting with the contractor, Mr. Stevens a, neighbor, and himself. Council Member Scott stated
that the project was a long time coming for the property owners in the neighborhood. Council
Member Thomas questioned how the assessment would be funded. The City Manager stated that
the project would be funded 100% by the property owners. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution of Necessity for the Special Assessment of the 1997 Alley Surface
Improvements Assessment Project, Acres to Denmark Between Madison and 8th Street
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading 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, Section 2 Amendment
DISCUSSION: The Development Director stated that the amendment to the proposed Sign Ordinance provides that athletic fields and similar recreation area signage shall be permitted in addition to other permitted signage addressed, so long as the signs are intended to be viewed primarily from the playing field and spectator area. He further reviewed the Ordinance with Council and the viewing audience. 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 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: 5 - "AYES") CARRIED
PUBLIC HEARING:
1. Statement: Consideration 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
COMMENTS: The City Manager stated that due to an Ordinance procedural change the Two-mile Zoning Ordinance would have three readings. The Development Director reviewed the Land Use Plan and Policy and the proposed Zoning Ordinance for the two-mile area. Council Member Henry stated that each of the County Supervisors have looked him in the eye and stated that they would be adopting and implementing a plan for the two-mile area. He made a motion to table the hearing. Council Member Thomas seconded the motion. After roll call the motion failed. Council Member Henry then made a motion to continue the hearing to the second meeting in October, 1997. The motion was seconded by Council Member Thomas. After roll call the motion failed. Council Member Thomas stated that it was a waste of time to have the hearing on the two-mile zoning as the County's Ordinance would supercede the City's Zoning Ordinance. Council Member Scott stated that his decision to vote against tabling or continuing the hearing was based on a representative of the County Zoning Commission who asked the Council to continue the two-mile zoning as the person was aware of the importance of a County Zoning Ordinance, and they want to be sure the County enacts their Ordinance. He stated that he would be requesting an enactment date of December 31, 1997, should the County not complete their Two-Mile Zoning Ordinance. Ben Diewold, Chairman of the Des Moines County Supervisors, stated that he was disappointed that the Council did not have trust and faith in the Supervisors that they would adopt a two-mile plan. He stated that their Comprehensive Plan would be adopted on July 22, 1997. Sherman Lundy of Route #1, urged Council to withdraw their decision to go forward with two-mile zoning. David Miller of the Des Moines County Supervisors stated that it was unfortunate that the trust of the Supervisors had been abandoned. Marjorie Horn questioned if multi-family apartment residential was addressed in the Ordinance. The Development Director stated that the proposed Ordinance does not allow for apartment residential use. Dave Nuebel of 1184 Irish Ridge Road stated that he was opposed to being annexed into the City of Burlington. He stated that there were many county property owners opposed to annexation and rezoning by the City of Burlington. He stated that the County property owners would accept zoning by Des Moines County. Mr. and Mrs. William Royer of Rolling Hills Drive stated that they were strongly opposed to the two-mile zoning by the City. Bill Ivy of 10507 50th Street felt that the Council does not care about the county property owners. Tom Schwenker of Sylvan Heights reminded the County property owners that the County was going to zone them. Council Member Scott read a letter from James Corder, Chairman of the City Plan Commission wishing to go on record as a proponent of the countywide comprehensive planning and zoning. He stated that the City Clerk received letters from Mr. & Mrs. William Royer, Mark A. Crooks, and Robert and Phyllis Johnson opposed to the proposed two-mile zoning Ordinance. Tim Hoschek of Evergreen Drive stated that he appreciated the City's effort, but the County was going to pass a Comprehensive Plan. Sherman Lundy stated that the feeling of the County residents was that they want to the County to approve the two-mile zone. Mayor Sandell stated that the Council would meet the first Monday in August to consider the second reading of the Ordinance. He stated that the Council would vote on the third reading at a later date. Council Member Heland stated that he would like to see various amendments made to the two-mile zoning Ordinance at the next council meeting. Council Member Henry stated that the Council does care. He stated that he trusted the County to finish their work on the two-mile zoning issue. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Table the Hearing for Consideration 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: 2 - "AYES" THOMAS, HENRY
3 - "NAYS" HELAND, SANDELL, SCOTT) FAILED
Motion to Continue the hearing to the second meeting in October, 1997 for Consideration
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: 2 - "AYES" THOMAS, HENRY
3 - "NAYS" HELAND, SANDELL, SCOTT) FAILED
Motion to Close CARRIED
Motion to Receive and File Objections to 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: 5 - "AYES") CARRIED
Motion for Preliminary Adoption of the First 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
DISCUSSION: None.
(VOTE: 3 - "AYES" HELAND, SANDELL, SCOTT
2 - "NAYS" THOMAS, HENRY) CARRIED
RESOLUTIONS/MOTION:
1. Resolution Approving Agreement with Downtown Partner's, Inc. to Provide a Grant to
Promote Redevelopment in the Downtown Area
DISCUSSION: The City Manager reviewed the agreement between the City and Downtown Partner's Inc. to provide a grant to promote redevelopment in the Downtown Area with Council and the viewing audience. She stated that the City shall distribute the grant proceeds in two equal payments, the first payment of $600,000.00. shall be made within 7 working days of the receipt of the bond proceeds in September, 1997 and the second payment of $600,000.00 shall be no later than December 31, 1997. She stated that the agreement defines public infrastructure as any improvement owned by the public to include but not limited to the following: street improvements, water and sewer improvements, street lights, public art, park land, public buildings, etc. Mayor Sandell questioned what lending institutions would the monies be placed. The City Manager stated that it was clear through discussions with Downtown Partner's, Inc. that they want to spread the monies out to all of the lending institutions. 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 Re-Plat of the Second Addition to Strause Subdivision
DISCUSSION: The City Manager stated that the petitioner of Strause Subdivision was out-of-town. She stated that the Resolution provides for a provision about open space. The Development Director stated that a minimum landscape buffer area 20 feet in width shall be provided extending along the southern portion of Lots 8, 9, and 10 for the purpose of screening industrial and/or commercial uses on Lots 8, 9, and 10 from existing and future uses located south of the future Mason Road extension. He stated that the buffer area shall include trees and shrubs adequate in numbers to accomplish the buffering and will be reviewed and approved by the City's Development Department prior to issuing a building permit on Lots 8, 9, or 10. He stated that the Resolution was reviewed by the Chamber of Commerce and was acceptable. He stated that the City received the deed from the County today, which was a condition of the Resolution. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Providing for Paving Improvements In Accordance with City Ordinance No.
3074
DISCUSSION: The Public Works Director stated that the Resolution Providing for Paving Improvements was a direct result of Ordinance No. 3074 adopted by the Council, which provides for property owners to have their street or alley upgraded. He stated that the City received petitions for six blocks of street plus two alleys. He stated that one of the alleys did not qualify for the program. He reviewed the scope of the various projects with Council and the viewing audience. He stated that $200,000.00 was budgeted from Road Use Tax monies for the City's portion of the program. He stated that the projects that can be funded could be completed by fall, 1997. Council Member Scott stated that he would abstain from voting as the street he lives on was part of the program. The City Manager stated that there was extra monies in the Road Use Tax fund that could be used for the program. Mayor Sandell stated that the Williams Street project may need a concept hearing as they had the lowest participation points. 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 - "ABSTAINED" SCOTT) ADOPTED
4. Resolution Amending Section Two of the Sunnyside Agreement Between the City of
Burlington and the Burlington Community School District
DISCUSSION: The City Manager reviewed the agreement between the City of Burlington and the Burlington Community School District to the council and viewing audience. She stated that the Burlington Community School District volunteered the amendment to the agreement. Mayor Sandell stated that the agreement was a good faith effort between the Burlington Community School District and the City. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
5. Resolution Awarding Contract for the 1997 Garden, Willow, and Lawn Paving
Improvements
DISCUSSION: Council Member Heland stated that he had no objection to the award of contract for the 1997 Garden, Willow, and Lawn Paving Improvements, but felt the Resolution should be on the regular agenda as Mayor Sandell's residence is on Willow. Council Member Scott stated that the project came in under budget. Mayor Sandell stated that he would abstain from voting due to a conflict of interest. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" THOMAS, HELAND, HENRY, SCOTT
1 - "ABSTAINED" SANDELL) ADOPTED
6. Resolution Approving Agreement with the City of West Burlington, Des Moines County,
and the Iowa Department of Transportation for Urban Primary Road Service
DISCUSSION: Council Member Heland stated that he objected to the details of the language of
the agreement with the City of West Burlington, Des Moines County, and the Iowa Department
of Transportation for Urban Primary Road Service. He made a motion to table the Resolution
approving agreement with the City of West Burlington, Des Moines County, and the Iowa
Department of Transportation for Urban Primary Road Service. Council Member Scott seconded
the motion. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
7. Motion to Table the Resolution Approving Agreement with the City of West Burlington,
Des Moines County, and the Iowa Department of Transportation for Urban Primary Road
Service
DISCUSSION: None.
(VOTE: 4 - "AYES" THOMAS, HELAND, SANDELL, SCOTT
1 - "NAY" HENRY) CARRIED
Adjournment: 10:51 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
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENT
REPORTS AND BONDS
SET DATE FOR PUBLIC HEARINGS: (August 4, 1997)
1. 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)
2. 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
3. Consideration of Sale of $730,000 General Obligation Refunding Bonds, Series 1997
APPOINTMENTS:
Civil Service Commission: Robert Mosena
Construction Board of Appeals: Bob Matthews, Charles Poland, and Richard Rehman