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. 43
October 6, 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
PRESENTATION: by Brothers and Sisters Everywhere (BASE)
DISCUSSION: Diane Barber of BASE presented the City Council with a check in the amount of
$622.15 that they raised from a garage sale for a youth center. She stated that they were
challenging other organizations to match the monies they raised. Mayor Sandell and Council
thanked BASE for the monies for the youth center. The Youth Coordinator also thanked BASE.
Council Member Thomas stated that Pearl Payne of BASE and many other individuals had
worked hard for the betterment of the youth of the community. He stated that he would also
work hard for the youth of the community. Pearl Payne of BASE stated that last year BASE
raised $500.00 for the youth. She stated that last year BASE had promised that they would raise
more monies this year. All present had opportunity to speak and nothing additional was filed in
the office of the City Clerk.
PROCLAMATIONS: Burlington Manufacturers Month - Kathy Evert
United Way - Lynn Williams and Kathleen Hemmesch
Fire Prevention Week - Mike Hartman
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 Plans and Specifications for the 1997-1998 3rd &
Washington Street Parking Ramp Extension
COMMENTS: Mayor Sandell stated that he would abstain from voting on the Plans and
Specifications for the 1997-1998 3rd and Washington Street Parking Ramp Extension due to a
conflict of interest. The City Engineer reviewed the plans and specifications for the 1997-1998
3rd and Washington Street Parking Ramp Extension to Council and the viewing audience. He
stated that the front of the parking ramp would have archways that would look similar to a
building built in the 1800's. Council Member Heland questioned how old the existing structure
was that was being built upon. The City Engineer stated that the old structure was approximately
20 years old. Council Member Scott questioned how much in monies has the facade added
additional monies to the project. The City Engineer stated that the cost of the facade was
approximately $120,000.00. He stated that if the cost of the facade was lower in price it would
not resemble the look of an 1800's building. The Development Director stated that the City
would be discussing with Carpenter the cost of the project. He stated that the City was waiting
for bids to be taken so they can sit down with Carpenter to determine cost for Carpenter and the
cost for the City. He stated that he was hopeful that through negotiations the City's cost would
be lower. He stated that he didn't want to see the finished quality of the project diminished. The
Interim City Manager stated that the estimated cost of the project was $785,000.00 without
contingency. He stated that $106,500.00 was the cost for street scape improvements which
would be funded as a part of the capital improvements project. He stated that the City's cost was
approximately $642,000.00. He suggested that the Council bid the project with archways as an
option. Keith Jacobs of 1412 Pine Street stated his concern for 90% angle parking. He further
stated his concern that with Columbia Street being narrow it would cause congestion downtown.
He stated that he was in favor of the project as a whole, but felt some of the cost could be cut
down. The City Engineer stated that parking on Columbia would be on the north side of the street
and would be diagonal parking. The Development Director stated that initially the City looked at
90% angled parking. The Interim City Manager stated that the City could also bid value
engineering which would bring the cost of the project down. Dave Hanrahan of 1705 Oak Street
questioned if the ramp would be used for police cars. The Council stated that the parking ramp
would be used strictly for citizen parking. Ralph Hobbs, citizen, questioned if the City had done
soil boring testing. The City Engineer stated that the City did soil borings down into the ground
thirty feet. He stated that the cassions were roughly 18 feet down into the ground, which should
be deep enough. He stated that the existing structure has lasted twenty years and he has not
noticed any settlement. Council Member Heland stated that it was important that the 100%
corner be improved. He stated that Columbia Street would still be wide enough for two lane
traffic. He stated that he supported that project in the past and hated to see the project lessened in
anyway. He stated that the project has been a progressive public/private partnership. Council
Member Scott stated that he also supported the project. He stated that he would like to know
how much monies the project would cost the City. Council Member Thomas and Council
Member Henry stated their concern for the cost of the project. The Interim City Manager stated
that the issue of cost would be resolved prior to Council awarding the contract on November 17,
1997. He stated that the cost of the street improvements was placed with the parking ramp cost.
He stated that if the cost of the street improvements were removed the ramp project wold be
approximately $680,00.00, of which $35,500 has been clearly identified as the cost that
Carpenter would pay, which would bring the cost of the project down to approximately
$642,000.00. He stated that in November the City would also enter into a development
agreement with Carpenter. He stated that if the Council didn't like the cost of the project then,
the Council could reject the bids and go back to the drawing board. All present had opportunity
to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close
(VOTE: 4 - "AYES" HENRY, SCOTT, THOMAS, HELAND
1 - "ABSTAINED" SANDELL) CARRIED
Resolution Approving Plans and Specifications for the 1997-1998 3rd & Washington
Street Parking Ramp Extension
DISCUSSION: None.
(VOTE: 4 - "AYES" HENRY, SCOTT, THOMAS, HELAND
1 - "ABSTAINED" SANDELL) ADOPTED
2. Statement: Consideration of An Ordinance Amending Chapter 12.14 Residential Street
Improvements of the Burlington Municipal Code
COMMENTS: The Interim City Manager stated that the Ordinance Amending Chapter 12.14
Residential Street Improvements of the Burlington Municipal Code was a housekeeping item.
The Administrative Assistant to the Public Works Director reviewed the Ordinance to Council
and the viewing audience. Council Member Heland stated that the amendment smooths out the
rough spots in Residential Street Improvement Ordinance. He stated that it should be a popular
Ordinance. Council Member Scott stated that work on 1997 Residential Street Improvements for
Acres Street has started. 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
Chapter 12.14 Residential Street Improvements of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of Plans and Specifications for the 1997 Agency and Curran
Street Traffic Signalization Continued from the September 15, 1997 City Council
Meeting
COMMENTS: The Interim City Manager stated that the 1997 Agency and Curran Street Traffic
Signalization project has been a long awaited project. He stated that the City received a grant
from the State to help pay for part of the cost of the project. He stated that the project was
continued due to a question that the Council had at a work session. The City Engineer stated that
he did not have an answer from the Iowa Department of Transportation in regard to the question
that the Council had. The Interim City Manager stated that the project was not time sensitive and
could be delayed. Ralph Hobbs, citizen, questioned if the City could cut a parking area on
Curran Street as he owns two homes on Curran Street that do not have parking. Council Member
Heland stated that in the past the City and the property owner arrange a cost sharing for parking.
He stated that a similar cost sharing arrangement was made with property owners on Central
Street. Council Member Heland made a motion to table the Resolution Approving Plans and
Specifications for the 1997 Agency and Curran Street Traffic Signalization. Council Member
Scott seconded the motion. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
Motion to Table Resolution Approving Plans and Specifications for the 1997 Agency and
Curran Street Traffic Signalization
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Section B.13. Sunnyside Park of Ordinance No. 3067 Burlington Area Parks, Recreation
and Open Space Master Plan Component of the Burlington Comprehensive Plan
DISCUSSION: None.
(VOTE: 5 - "AYES")
DISCUSSION:
2. Motion for Final Adoption 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: Mayor Sandell stated that he would abstain from voting on the final adoption 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 due to a conflict on interest. Council Member Scott made a motion to amend Section 2 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 to read as follows: Section 2. That this Ordinance shall take effect on January 1, 1998 with the exception of Section 10.48.200 Twelve-minute or thirty-minute parking, Section 10.48.205 Thirty-minute parking, Section 10.48.210 One-Hour Parking, Section 10.48.220 Two-Hour Parking, Section 10.48.225 Three-Hour Parking, and Section 10.48.260 H. Handicap Parking Fees which shall take effect upon publication on November 3, 1997. Council Member Heland seconded the motion. After discussion by the Council the motion was approved by the Council. He explained to the viewing audience that essentially the amendment to the Ordinance would enforce the parking time limits and the fine for handicap parking effective November 3, 1997, with all other fines and fees would continue as is until January 1, 1998. He stated that overall the Ordinance with the help of Downtown Partners Inc. and downtown businesses was a good compromise and would address the general parking needs of the downtown. Mayor Sandell thanked Council Member Scott for the extra time that he spends with Downtown Partners Inc. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HENRY, SCOTT, THOMAS, HELAND
1 - "ABSTAINED" SANDELL) CARRIED
3. Motion to Amend Section 2 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" HENRY, SCOTT, THOMAS, HELAND
1 - "ABSTAINED" SANDELL) CARRIED
4. Motion for Final Adoption of An Ordinance Amending Sections 8.04.050 and 8.04.070
of Chapter 8.04 Nuisances of the Burlington Municipal Code
DISCUSSION: Council Member Henry stated that the proposed Nuisance Ordinance would streamline the Nuisance Abatement process. He stated that citizens would be able to get nuisances in the neighborhood cleared up sooner. The Interim City Manager thanked the Des Moines County Attorney's office for their assistance in the Ordinance as they brought the shortening of the process to City staff. He stated that the Ordinance puts a little more "teeth" into the Ordinance and yet at the same time is more customer friendly. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution Approving A Yard Waste Program for Disposal of Grass and Leaves
DISCUSSION: Council Member Heland stated that the Iowa Legislature passed a law in 1989 prohibiting the burial of yard waste including tree limbs, brush, grass, leaves, ornamental and garden plants in a landfill with garbage, effective January 1, 1991. He stated that the City Council had directed staff to develop a program for citizens of Burlington to dispose of their yard wastes. He stated that curbside collection services for yard wastes are available through the private sector. He stated that the Council does not want staff to develop and implement a like service for the curbside collection of yard waste to compete directly with the private sector. He stated that the Des Moines County Regional Landfill located on Washington Road north of West Burlington accepts yard waste and handles the material in accordance with rules regulating the handling and storing of yard wastes. He stated that the Des Moines County Regional Solid Waste Commission has voted to eliminate the fees for the disposal of grass and leaves effective October 1, 1997. He stated that the City Council was designating the Des Moines County Regional Landfill located off of Washington Road in West Burlington as the drop off site for citizens of Burlington to use for grass and leaves. He further stated that staff was directed to continue investigating opportunities for providing a drop off for the yard waste category known as wood waste and report back to the Council by January 1, 1998. Council Member Scott stated that grass has to be separated from leaves. He stated that if limbs or brush was with the grass or leaves the citizen would be charged for the wood waste. He further stated that the City would be picking up leaves on three occasions this year starting October 20, 1997. He further stated that it was his understanding that Iowa was placed on a no burn order due to the dry weather. He directed staff to place a no burn order for the City of Burlington to comply with the State order. Mayor Sandell reminded residents that the leaves and grass drop off site was no longer in existence. He stated that residents would need to take their leaves and grass to the landfill. Council Member Henry reminded residents that curbside collection services for yard waste were available through the private sector. 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 Joint Agreement of Communication and Cooperation with Respect
to Allocation and Division of Property Taxes for Industrial New Jobs Training Pursuant
to Section 403.21 Code of Iowa 1995 As Amended - TABLED
DISCUSSION: Council Member Heland stated that the Resolution Approving Joint Agreement
of Communication and Cooperation with Respect to Allocation and Division of Property Taxes
for Industrial New Jobs Training Pursuant to Section 403.21 Code of Iowa 1995 As Amended
involves training certificates and involves agreement for notification. He stated that the actions
should be separated. He made a motion to Table the Resolution Approving Joint Agreement of
Communication and Cooperation with Respect to Allocation and Division of Property Taxes for
Industrial New Jobs Training Pursuant to Section 403.21 Code of Iowa 1995 As Amended.
Council Member Scott seconded the motion. After roll call vote by the City Clerk the motion
passed unanimously. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
3. Motion to Table Resolution Approving Joint Agreement of Communication and
Cooperation with Respect to Allocation and Division of Property Taxes for Industrial
New Jobs Training Pursuant to Section 403.21 Code of Iowa 1995 As Amended
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution of Support for Use of City-Owned Lots at 415-421 Vine Street to Attract
Developer for Neighborhood Infill Development Program
DISCUSSION: The Interim City Manager stated that the Development Department has been looking for vacant lots in the three areas that are designed as the targeted neighborhood for infill development. He stated that it would be primarily for the development of moderate to low income priced housing. He stated that there were two lots the City currently owns at 415 and 421 Vine Street that were purchased with the Community Development Block Grant Program monies in the 1970's. He stated that the two lots would be perfect for infill development. He stated that the proposed Resolution provides direction for staff to find a developer to build housing on the two lots. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Adjournment: 8:45 p.m. Approved: October 20, 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 Burlington Joint
Use ARFF (Airport Fire Station)
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution to Support Court Proceedings to Protect a City's Right to Maintain the Use
and Control of Rights-of-Way Within its Corporate Limits
2. Resolution Approving Agreement between the City of Burlington and the Burlington
Area Development Corporation for Cost-Sharing Arrangements on Riverfront
Improvements
SET DATE FOR PUBLIC HEARINGS: October 20, 1997
1. Consideration of An Ordinance To Control the Use of Public Property and Right-of-Way
2. Consideration of An Ordinance To Regulate the Placement of Communication Towers
and Antennas on City-owned or Controlled Real Estate
3. Consideration of Youth Comprehensive Plan
4. Consideration of Amendment to the Fiscal Year 1997-1998 City Budget
5. Consideration of An Ordinance Amending the Burlington Downtown Revitalization and
Strategic Plan Component of the Burlington Comprehensive Plan
6. Update of the 1997 CDBG Sanitary Sewer Improvements, Phase I, Phase II, and Phase III
APPOINTMENTS:
Human Rights Commission: Maria Mellado-Bottger
Riverfront Advisory Committee: Scott Diehl
Environmental Protection Board: Kenneth Parrish
Board of Plumbing Examiners: Larry Latta and John Pilger
Board of Housing Standards and Appeals: Norm Pilgrim