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. 41
September 2, 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
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
HEARINGS:
1. Statement: Consideration of the Concept for the 1997-1998 3rd & Washington Street
Parking Ramp Extension
COMMENTS: Mayor Sandell stated that he would abstain from voting on the concept of the
1997-1998 3rd & Washington Street Parking Ramp Extension due to a conflict of interest. The
Development Director stated that the project started two years ago. He stated that Home Oil
plans to develop a convenience store on their property. He stated that the convenience store
would be located under the proposed parking ramp. He stated that he hoped the project would
spur redevelopment in the area. The City Engineer reviewed the concept with the Council and
viewing audience. He stated that the front of the parking ramp was designed as an 1800 style
building. The Finance Director stated that the total project two years ago was $600,000.00. He
stated that funding would be provided as follows: $300,000 of TIF monies; $250,000.00 of
General Obligation Bonds - Parking Revenue; an $50,000.00 of parking fund monies. He stated
that some additions were added to the project since two years ago. He stated that the capital
improvements fund would be used to make up any difference in the amount of the cost of the
project. Jerry Jochims of Downtown Partners board stated that he hoped the City would continue
with the project. He stated that the parking ramp would be asset for the Post Office also.
Council Member Thomas stated that from a development standpoint the entire community would
benefit. The Development Director stated that 3rd & Washington was a key corner in Burlington.
Council Member Heland stated that he hoped the sign for Blimpies would not be a traditional
neon sign, which would take away from the historical look. The Development Director stated
that the actual brick for the building was picked out by Mr. Carpenter. He stated that the gas
station would have standard commercial signage. He stated that he would convey Council
Member's Heland concerns to Mr. Carpenter. Council Member Scott stated that this project was
another example of public/private investment. He stated that it shows Council's commitment to
downtown redevelopment. He further stated that he hoped to see more activity downtown.
Council Member Henry stated that Mr. Carpenter would do a good job with the project. He
stated that a minimum assessment agreement with private investors allows the City to plan to
make improvements in the future. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion to Close
(VOTE: 4 - "AYES" SCOTT, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SANDELL) CARRIED
2. Statement: Consideration of Plans and Specifications for the 1997 Dankwardt Park
Pathways
COMMENTS: The City Manager stated that the 1997 Dankwardt Park Pathways Project would
be funded by the Starker Trust. The Parks Superintendent reviewed the plans and specifications
for the project. He stated that the pathway would connect to Crapo Park pathway. He stated that
people would be able to roller skate or roller blade on the new pathway. Council Member
Heland stated that the project was a great enhancement to the community. He stated that Mr.
Draper, a citizen, has donated monies for the purchase of rock around Lake Starker and rip-rap
for the riverfront. He stated that he would like to see the pathway named Draper Pathway with a
plaque. He made a motion to Amend the Resolution Approving the Plans and Specifications for
the 1997 Dankwardt Park Pathways to provide for a plaque named Draper Park Pathways.
Council Member Thomas seconded the motion. After roll call vote the motion was unanimously
approved. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
Motion to Close CARRIED
Motion to Amend the Resolution Approving the Plans and Specifications for the 1997
Dankwardt Park Pathways
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Resolution Approving Plans and Specifications for the 1997 Dankwardt Park Pathways
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Plans and Specifications 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 (Sealcoat to Pavement) due to a conflict of interest. The Public
Works Director reviewed the plans and specifications for the project with Council and the
viewing audience. 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 the total estimated cost for the project was
$386,000.00 He stated that the City's share was $313,000.00 and the assessed cost to property
owners was $73,000.00. He stated that their were two errors on the preliminary assessment
schedule. He stated that in both cases the correct amount of assessment was lower than what
Council approved. He stated that he would be sending out a letter to the property owners
explaining the change with a revised preliminary schedule. He stated that the project on
Denmark would need to be approved unanimously in order to get the project through, or the
Council could vote against the Resolution of Necessity on September 15, 1997 in order to halt
the project. He stated that he was told verbally that of the five property owners that would be
assessed, four have petitioned against the project. He stated that originally there were three
property owners that signed the petition in favor of the assessment. He stated that now two of
the three have now decided they don't want to go ahead with the project. He stated that the
petition would probably be presented to the City Clerk tomorrow. He reviewed the plans for the
Williams Street storm sewer. He stated that in regard to Williams Street storm sewer, two new
inlets would be constructed on the east edge of Ironwood. Council Member Heland stated that
he didn't know why many of the property owners were not in attendance. Tim Scott of 2017
South 15th Street questioned if the projects were going to bid individually or as a package. He
further questioned which projects would be completed this year. The Public Works Director
stated that he intended on bidding the projects as one project to receive a lower price. He stated
that he hoped to have all of the construction projects take place this year. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close
(VOTE: 4 - "AYES" SANDELL, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SCOTT) CARRIED
Resolution Approving Plans and Specifications for the 1997 Residential Street
Improvements (Sealcoat to Pavement)
DISCUSSION: None.
(VOTE: 4 - "AYES" SANDELL, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SCOTT) ADOPTED
4. Statement: 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
COMMENTS: Mayor Sandell stated that he would abstain from voting on the Ordinance on
Parking Enforcements due to a conflict of interest. The City Manager stated that prior to
Downtown Partners being created, a Task Force of members of Main Street began researching
changes to the existing Parking Ordinance in hopes of bringing those changes to the City
Council. She stated that when Downtown Partners was formed the Main Street group continued
their work of examining the Ordinance. She stated that the Teska Plan also offered changes to
parking. She stated that this was essentially the same Ordinance that Council looked at with the
exception of not charging for parking on the riverfront. The Public Works Director reviewed the
proposed Ordinance with Council and the viewing audience. He stated that there would be no
charge for parking on the riverfront, but parking lots #1, #2, and #3, there would be a fee. He
stated that the fines would double if not paid within five enforcement days of issuance. He
further stated that there was a persistent violator clause, which provides that vehicles issued more
than four overtime parking violations in enforcement district B in any one calendar month shall
be charged a penalty of $15.00. The City Manager stated that Downtown Partners would provide
proper education and advance notice to the downtown property owners and their customers
should Council elect to move forward on the adoption of the Ordinance. Jerry Jochims of the
Downtown Partners board stated that many downtown business leaders worked on the
Ordinance. Council Member Scott stated that doubling the fines was staff generated. He stated
that he supports the doubling of the fines, as parking fines have not gone up for years in
Burlington. He stated that the $100.00 fine for handicap parking violation was consistent with
State Code. Council Member Henry stated that the Ordinance was impressive. He commended
Downtown Partners for working on the Ordinance. The City Manager stated that she saw
examples of personal courage in the writing of the Ordinance and revitalizing the downtown. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close
(VOTE: 4 - "AYES" SCOTT, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SANDELL) CARRIED
Motion for Preliminary Adoption of the First Reading 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
DISCUSSION: None.
(VOTE: 4 - "AYES" SCOTT, THOMAS, HELAND, HENRY
1 - "ABSTAINED" SANDELL) CARRIED
5. Statement: Consideration of An Ordinance Amending Sections 8.04.050 and 8.04.070 of
Chapter 8.04 Nuisances of the Burlington Municipal Code
COMMENTS: The Development Director stated that the proposed Ordinance allows for the
violation notice and/or notice to abate shall be served by U.S. certified mail or personal delivery.
He stated that if the certified letter is returned to the City as undeliverable or personal delivery
cannot reasonably be made, then service may be made by posting the notice in a conspicuous
place upon the premises where the nuisance exists. He stated that any person who commits the
same offense after the initial notification and abatement may be charged, without notice, with a
simple misdemeanor pursuant to City Code. He stated that the amendment would streamline
enforcement provisions thus expediting and clarifying nuisance abatement and overall savings of
staff time. Mayor Sandell stated that the Ordinance was near and dear to his heart. He
questioned if the notice would warn people that they would not receive a second notice. The
Development Director stated that the letter would warn people that the City would not be sending
a second notice. Council Member Henry stated that many people will be glad to have an
Ordinance in effect. Council Member Heland stated that the City didn't need to be in the grass
cutting reminder business. Council Member Scott stated that the amendment to the Ordinance
would shorten the process. 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
Sections 8.04.050 and 8.04.070 of Chapter 8.04 Nuisances of the Burlington Municipal
Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
6. Statement: 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
COMMENTS: The Development Director stated that Thomas and Gigi Bonar of 9555 Golf
Course Road were building a new home and would like to hook up to rural water. He stated that
the conditions of the hook-up of rural water was as follows: the petitioner(s) shall hook onto City
water and contribute their proportionate share of said cost when City water becomes available to
the property including signing a Petition and Waiver which states that they will not contest any
and all assessments associated with the water service extension; the petitioner(s) shall hook onto
City sanitary sewer and contribute their proportionate share of said cost when the City sanitary
sewer becomes available to the subject property including signing a Petition and Waiver which
states that they will not contest any and all assessments associated with the sanitary sewer service
extension; the petitioner(s) shall voluntarily annex into the City of Burlington at such time
deemed appropriate by the City of Burlington; and, the petitioner(s) agree(s) to pay any and all
costs associated with connecting to the rural water service. All present had opportunity to speak
and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Waiver of Urban Growth Area Water Policy to Allow Thomas E.
and Gigi Bonar, 9555 Golf Course Road to Hook-up to Rural Water
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
7. Statement: Consideration of An Ordinance Amending Chapter 15.16 of the Uniform
Plumbing Code
COMMENTS: The Development Director stated that the proposed amendment to the Uniform
Plumbing Code allows the board to be made up of five members who shall be residents of the
City or maintain their primary place of business within the City. He stated that it would allow
for an improved board membership depth by making more plumbers eligible for membership.
Council Member Heland made a motion for Waiver of Preliminary Consideration and Adoption
of the First and Second Reading of An Ordinance; and for Final Adoption of An Ordinance: An
Ordinance Amending Chapter 15.16 of the Uniform Plumbing Code. Council Member Henry
seconded the motion. After roll call vote the motion was approved unanimously. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion for Waiver of Preliminary Consideration and Adoption of the First and Second
Reading of An Ordinance; and for Final Adoption of An Ordinance: An Ordinance
Amending Chapter 15.16 of the Uniform Plumbing Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Final Adoption 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: Council Member Scott made a motion to Amend Section 3 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 as follows: This Ordinance shall be in full force and effect from and after its passage, approval, and publication on February 1, 1998. Council Member Heland seconded the motion. After roll call vote the motion to amend was approved four to one, with Mayor Sandell voting against the amendment. Council Member Scott stated that he has confidence that the County will adopt a Two-Mile Zoning Ordinance. Council Member Henry stated that the amendment satisfies his concern. 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 Section 3 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" SCOTT, THOMAS, HELAND, HENRY
1 - "NAY" SANDELL) CARRIED
3. Motion for Final Adoption of An Ordinance: 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: Council Member Henry 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. Jerry Jochims questioned what the maximum amount of valuation was for tax abatements. The Finance Director stated that the tax abatement applies to the first $50,000.00 of increased valuation. The City Manager stated that on the consent agenda was a Resolution of Support in the Revolving Loan Program. She stated that the program would be a tool for commercial redevelopment. Council Member Henry stated that it was a reflection of what was happening in successful cities all over the country. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
4. Motion for Preliminary Adoption of the Second Reading of An Ordinance: An
Ordinance Amending Chapter 10.28 Stopping, Standing or Parking of the Burlington
Municipal Code
DISCUSSION: The Police Chief stated that there had been no changes to the Ordinance Amending Chapter 10.28 Stopping, Standing or Parking of the Burlington Municipal Code since 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
5. Motion for Preliminary Adoption of the Second Reading of An Ordinance: An Ordinance
Amending Section 2.04.060 Compensation of Mayor and Council Members of the
Burlington Municipal Code
DISCUSSION: Council Member Heland stated that Council Members were at work for the City twenty-four hours a day, seven days a week. He stated that he would support the approval of an adoption of an Ordinance Amending Section 2.04.060 Compensation of Mayor and Council Members of the Burlington Municipal Code. He further stated that it had been a long time since the Council had received a raise. Council Member Scott stated that a person's life changes dramatically after becoming a council member. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" SCOTT, THOMAS, HELAND, HENRY
1 - "NAY" SANDELL) CARRIED
RESOLUTIONS:
1. Resolution Approving Replat of Lots A, B and C of Glenmark Subdivision
DISCUSSION: The Project Coordinator stated that the City received a request from Ed Mason for a replat of 3 lots located in Glen-Mark Subdivision south of Burlington on Madison Road in the unincorporated area of Des Moines County. He stated that the owner would like to divide 3 lots into 2 lots for the purpose of attaining larger lots. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
DISCUSSION:
2. Resolution to Utilize Perkins Park Shelter House as an Area Youth Center
DISCUSSION: Mayor Sandell stated that the Council would be holding a neighborhood meeting
in conjunction with the youth meeting on Thursday, September 11, 1997 at 6:00 p.m. to discuss
utilizing Perkins Park Shelter House as an area Youth Center. The City Manager stated that staff
would be reviewing the capital improvements at the meeting. Council Member Henry made a
motion that the Resolution to Utilize Perkin's Shelter House as an Area Youth Center be
Continued to the September 15, 1997 City Council Meeting. Council Member Heland seconded
the motion. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
3. Motion That the Resolution to Utilize Perkin's Shelter House as an Area Youth Center be
Continued to the September 15, 1997 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM AUDIENCE: A citizen questioned if the lease with Catfish Bend Casinos
LC would be available to the public prior to the hearing on September 15, 1997. Mayor Sandell
stated that he would commit to the public that a copy would be available to the public on
Thursday, September 11, 1997 at 8 a.m., if the lease was available, or the Council would not hold
the hearing on September 15, 1997. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Adjournment: 9:20 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 Outdoor Service Area for Amera-Team Investments dba/ Jefferson
Street Cafe
2. Resolution Appointing Doug Worden Acting City Manager Effective October 1, 1997
3. Resolution Authorizing the Filing of An Application with the State of Iowa for Traffic
Safety Funds and Urban-State Traffic Engineering Program Funds for Traffic Signals at
the Intersection of U.S. Highway 61 and Mason Road on Behalf of the City of Burlington
4. Resolution Approving An Underground Storage Bin Grant Application
5. Resolution Authorizing the Filing of An Application with the Iowa Department of
Transportation for Iowa Clean Air Attainment Program Funds for Central Avenue
Overpass
6. Resolution Authorizing Participation in the Downtown Partners, Inc. Revolving Loan
Program
7. Resolution Approving Purchase of a Used 3/4 Ton Pickup Truck for the Parks
Department, Forestry Division
8. Resolution Approving Purchase of 5 Notebook Computers for the Burlington City
Council
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Plans and Specifications for the 1997 Agency and Curran Street Traffic
Signalization (September 15, 1997)
2. Consideration of Lease Agreement with Pak-A-Way (September 15, 1997)
3. Consideration of An Ordinance Amending Parks Master Plan (September 15, 1997)
4. Consideration of Lease agreement with Burlington Community School District for
Saunderson Park (September 15, 1997)
5. Consideration of Plans and Specifications for the 1997 Agency and West Burlington
Avenue Intersection Paving Improvements (September 15, 1997)
6. Consideration of Plans and Specifications for the 1997 Burlington Riverfront
Improvements (September 15, 1997)
7. Consideration of Lease Agreement with Catfish Bend Casinos, LC (September 15, 1997)