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. 44

October 20, 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 announced that trick or treat night was Friday night, October 31, 1997 with the suggested time of 5 p.m. to 7 p.m. Council Member Scott stated that the Police Auxiliary was sponsoring a Trick or Treat Event at Memorial Auditorium on Friday, October 31, 1997 from 6:00 p.m. to 8:00 p.m. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

BURLINGTON CITY COUNCIL

PRESENTATION OF CITIZEN ACADEMY CERTIFICATES

DISCUSSION: Mayor Sandell and the Police Chief presented certificates to the following individuals who graduated from the Citizen Academy: Rick Meck, John Ibbotson, Laura Cary, John Glasgow, LuAnn Graham, Crista Eckis, Eddie Shulthies, Marty Grimshaw, and Jeff Heland. All present had opportunity to speak and nothing was filed in the office of the City Clerk.

PROCLAMATION: National Business Women's Week - Betty Morlan

Red Ribbon Week - Bob Hiller

National Mole Day - Bridget Delaney, Melissa Phillips, and Katie Abrisz

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: Mayor Sandell removed the Resolution Approving Appointments from the consent agenda 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: 5 "AYES") CARRIED

HEARINGS:

1. Statement: Consideration of An Ordinance Amending Ordinance No. 3060 Amending the Provision of the Burlington Downtown Revitalization and Strategic Plan Component of the Burlington Comprehensive Plan

COMMENTS: The Interim City Manager stated that the proposed Ordinance amends the Downtown Plan to amend the definition of what the riverboat zone constitutes, and to expand that zone to include the area adjacent and just south of the Port of Burlington building. The Development Director stated that the proposed amendment would expand the existing riverboat zone 600 feet to the south of the Port of Burlington Building. He stated that the purpose of the riverboat zone was to accommodate the proposed location of the Catfish Bend Casino Boat. He stated that the plan had initially restricted the location of the riverboat. He stated that expanding the riverboat zone would be consistent with the adopted Downtown Plan. He stated that the gaming boat location south of the Great River Bridge Design and use criteria/performance standards consisted of the following as approved by the Plan Commission: maximum boat capacity, 1500 persons, as determined by available and/or accessible parking; a rate of one (1) space per three (3) patrons and one (1) space per employee shall be applied; bus parking shall be designated and located away from the immediate riverfront; ensure that adequate emergency vehicle access is provided and maintained for boat patrons; construct all utilities in a permanent manner screened and shielded from public view; provide for safe and efficient pedestrian walkways of a permanent nature, in overall compliance with the Plan's locations and alignments, for the purpose of moving patrons to and from parking area and other "activity" areas, including the Port of Burlington, Big Muddy's, and the planned entertainment block to the west; land-based support services shall be encouraged with water based or floating uses restricted to gaming facilities, support office and operational areas, dining room areas, etc. with food preparation and/or full kitchen facilities and general administrative office areas, etc. established as land-based improvements; maximum gaming boat capacity, 1500 persons with one support barge a maximum 30' x 120' in size permitted; and gaming boat use shall not conflict with Port of Burlington and Memorial Auditorium activities including, but not limited to, adjacent parking for Welcome Center employees and patrons and special event parking for the Memorial Auditorium and Port of Burlington. Gary Hoyer, Attorney for Catfish Bend Casinos stated his concern with the language in item D. of the criteria which provides for safe and efficient pedestrian walkways of a permanent nature, in overall compliance with the Plan's locations and alignments, for the purpose of moving patrons to and from parking area and other "activity" areas, including the Port of Burlington, Big Muddy's, and the planned entertainment block to the west. He stated that the pedestrian walkway did not need to be made a part of the Ordinance as a performance standard. He further stated his concern to item G. of the criteria which provides that the gaming boat use "shall not conflict" with Port of Burlington and Memorial Auditorium activities including, but not limited to, adjacent parking for Welcome Center employees and patrons and special event parking for the Memorial Auditorium and Port of Burlington. The Interim City Manager stated that the wording of "shall not conflict" was consistent with how the City viewed the lease. He stated that the lease states that the lessee shall make every effort to assure that parking is adequate for the Auditorium usage. He stated that the lease and the downtown plan need to be kept separate. He stated that the plan does not necessarily constitute that the City was placing a requirement on Catfish Bend to build the sidewalks. He further stated that the City was not placing any requirement on Catfish Bend by including the sidewalks in the plan. The Development Director stated that the Memorial Auditorium and the Port of Burlington Building would be given priority as it relates to the use of the riverfront. Dan Kiehl of Catfish Bend stated that they were not planning on bringing the barge to Burlington, unless there were safety problems. Gary Hoyer, Attorney for Catfish Bend stated that the criteria in regard to "shall not conflict with Port of Burlington and Memorial Auditorium activities" and parking for events at those facilities was open-ended. He stated that the vague criteria could cause Catfish Bend's special use permit to be revoked for an unresolved parking, congestion, or safety problems. He stated that he would like the parking problems addressed before the lease was signed. Council Member Heland stated that he didn't see the City and Catfish Bend negotiating parking on an annual basis, but added that the criteria in the downtown plan's riverboat zone gives the City teeth to solve any parking problems. He further stated that any parking problems that surface would be worked out in an cooperative manner between the City and Catfish Bend, before it would become an Ordinance enforcement issue. Mayor Sandell stated that the riverboat zone Ordinance should be specific so that the Zoning Board of Adjustment was clear about the uses in the riverboat zone. He further stated that the Interim City Manager was shaking his head in agreement with him that the process the City Manager had worked out in the lease with Catfish Bend was that the City would notify Catfish Bend of any large events and there would be a process that Catfish Bend would follow in notifying their clients and employees. He stated that the bus would not be running south of the Port of Burlington building on those evenings. The Development Director stated that staff's recommendation to the Zoning Board of Adjustment would be in regard to a concern being flagged by the City's Police Chief, Fire Chief, or Public Works Director in regard to parking, traffic congestion, emergency access, and that the City would work with the petitioner to resolve that issue in a partnership manner. He stated that it would be a responsive approach. Council Member Henry made a motion to amend Sections C and G entitled Boat Location North of the Great River Bridge Design and Use Criteria/Performance Standards as follows: C. Provision of parking at a rate of one (1) space per three (3) patrons at maximum capacity and one (1) space per employee at a maximum shift (approximately 350 spaces for existing boat); Bus parking shall be designated and located away from the immediate riverfront; and G. Maximum gaming boat capacity, 600 persons with one support barge a maximum 30' x 120' in size with operation limited to offices, dining, kitchen, casino, shuttle, and other customer amenities directly related thereto; and Sections E. and F. of the Section titled Gaming Boat Location South of the Great River Bridge Design and Use Criteria/Performance Standards as follows: E. The operation shall be limited to a riverboat and a service barge no larger than a maximum 30' x 120' in size limited to offices, dining, kitchen, casino, shuttle, and other customer amenities directly related thereto; and F. Gaming boat use shall not conflict with Port of Burlington and Memorial Auditorium activities including, but not limited to, adjacent parking for Welcome Center employees and patrons and special event parking for the Memorial Auditorium and Port of Burlington; and Section G of the Section titled Gaming Boat Location South of the Great River Bridge Design and Use Criteria/Performance Standards be deleted. Council Member Thomas seconded the motion. After roll call vote by the City Clerk the motion was approved unanimously. Council Member Scott made a motion to Amend the Ordinance Sections E. of the Section titled Boat Location North of the Great river Bridge Design and Use Criteria/Performance Standards and Section D. titled Boat Location South of the Great River Bridge Design and Use Criteria/Performance Standards by deleting the following: Provide for safe and efficient pedestrian walkways of a permanent nature, in overall compliance with the Plan's locations and alignments, for the purpose of moving patrons to and from parking areas and other "activity" areas, including the Port of Burlington, Big Muddy's, and the planned entertainment block to the west. Council Member Henry seconded the motion. Council Member Scott stated that the pedestrian walkway was already addressed in the downtown plan and did not need to be addressed in the criteria and performance standards of the riverboat zone. Council Member Heland stated that the pedestrian walkways should be left in the criteria and performance standards of the riverboat zone. He stated that it did not hurt to have it in the plan and would help future Councils in the planning of the riverfront. He further stated that it does not spell out who will pay for the pedestrian walkway, just that it is needed. Mayor Sandell stated that he was against having a covered walkway. After roll call vote by the City Clerk the motion was approved by a vote of 3 to 2 with Council Members Scott, Henry, and Sandell voting in favor of the amendment. Council Members Thomas, and Heland voted against the amendment. 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 Ordinance No. 3060 Amending the Provision of the Burlington Downtown Revitalization and Strategic Plan Component of the Burlington Comprehensive Plan

DISCUSSION: None.

(VOTE: 4 - "AYES" SCOTT, HELAND, HENRY, SANDELL

1- "NAY" THOMAS) ADOPTED

Motion to Amend An Ordinance Amending Ordinance No. 3060 Amending the Provision of the Burlington Downtown Revitalization and Strategic Plan Component of the Burlington Comprehensive Plan By Amending Sections C & D of Gaming Boat Location North of the Great River Bridge Design and Use Criteria/Performance Standards, Sections E & F of Gaming Boat Location South of the Great River Bridge Design and Use Criteria/Performance Standards, and that Section G be deleted from the Gaming Boat Location South of the Great River Bridge Design and Use Criteria/Performance Standards

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

Motion To Amend An Ordinance Amending Ordinance No. 3060 Amending the Provision of the Burlington Downtown Revitalization and Strategic Plan Component of the Burlington Comprehensive Plan By Deleting Section E Gaming Boat Location North of the Great River Bridge Design and Use Criteria/Performance Standards and Section D Gaming Boat Location South of the Great River Bridge Design and Use Criteria/Performance Standards

DISCUSSION: None.

(VOTE: 3 - "AYES" SCOTT, HENRY, SANDELL

2 - "NAYS" THOMAS, HELAND) CARRIED

2. Statement: Consideration of An Ordinance Amending the Burlington Municipal Code By Adding a New Chapter 12.17, Providing for the Control of the Use of Public Property and Right-of-way

COMMENTS: The Interim City Manager stated that the 1996 Telecommunications Act gave the City the right to control what was constructed in the City's right-of-way. He stated that it was important for the City to control the use of public property and right-of-way. He stated that there have been several court cases in regard to the issue and the Court has upheld the City's right to control right-of-way. He stated that the Ordinance would establish the criteria for where utilities area located on right-of-ways and will also establish franchise fees, and fees paid to the City for use of the right-of-way. Council Member Henry questioned if the Ordinance was time sensitive. The Interim City Manager stated that it was important that the City pass the Ordinance, but it was not necessary to waive any readings of the Ordinance. Jim Fisch, Attorney, stated that it would not be advisable to waive any readings. He stated that there would be more public input at future readings of the Ordinance. 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 the Burlington Municipal Code By Adding a New Chapter 12.17, Providing for the Control of the Use of Public Property and Right-of-way

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

3. Statement: Consideration of An Ordinance Amending the Burlington Municipal Code By Adding a New Chapter 12.18, Providing Regulations on the Placement of Communication Towers and Antennas

COMMENTS: The Interim City Manager stated that the proposed Ordinance Amending the Burlington Municipal Code By Adding a New Chapter 12.18, Providing Regulations on the Placement of Communication Towers and Antennas was in compliance with the Telecommunications Act of 1996. He stated that the City would need to be consistent in how it handles requests for placement of antennas. He stated that the Ordinance would establish consistency on how the City will handle requests for the placement of towers and antennas on municipal owned property. Jim Fisch, Attorney, stated that the proposed Ordinance sets out the conditions, minimizes the number of towers, the requirements to blend into the environment, the discouragement of antennas in residential neighborhoods, and provides for fees. He stated that the City cannot adopt regulations which strictly prohibit towers within the corporate limits of the City. He stated that it has to be a reasonable exercise of control. He stated that under FCC the City cannot get into the health ramifications. He further stated that the City cannot have requirements that are more stringent than the FCC. He stated that the Ordinance would not apply to homeowners who have a satellite dish in their yard. He stated that the proposed Ordinance does apply to commercial enterprises using towers or dishes. Council Member Scott questioned if the Ordinance would affect ham operators and their amateur efforts. Attorney Fisch stated that ham operators would not fall under the commercial definition of the Ordinance. He stated that a cab company or a trucking operation using a tower for communications in commercial purposes would need to be regulated. John Snyder of Electronic Applications questioned if present towers and antennas would be regulated. Attorney Fisch stated that any present towers or antennas would be grandfathered in. He stated that any abandoned towers could be removed should Council make that decision. Mayor Sandell stated that the application process was expensive. Attorney Fisch stated that if the Council or the public had any recommendations to the Ordinance to give those recommendations to City Hall and those recommendations would be forwarded to his office. Council Member Scott stated that with the expansion of communications the City will see many applications. He stated that the Ordinance was needed. Attorney Fisch stated that one popular location for antennas was on top of water towers. He recommended that the City staff speak with the Waterworks Board and possibly amend the Ordinance to include antennas not be placed on water towers. The Interim City Manager stated that if it was Council's intent to not include satellite dishes installed on establishments just for the purpose of receiving television signals, the Council could offer an amendment to the Ordinance at the next meeting to clarify the issue. John Snyder of Electronic Applications stated that the Ordinance as written was overkilled and cumbersome. The Interim City Manager stated that the City would welcome any comments or suggestions that Mr. Snyder could give the City. Council Member Heland invited Mr. Snyder to the work session to help Council look at various amendments to the Ordinance. 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 the Burlington Municipal Code By Adding a New Chapter 12.18, Providing Regulations on the Placement of Communication Towers and Antennas

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

4. Statement: Consideration of Youth Comprehensive Plan

COMMENTS: The Youth Coordinator thanked volunteers, students, organizations, residents, youth commission, and the task force for their assistance in helping with the youth survey. She presented the survey results which showed that area youth would utilize a youth center. She stated that the survey showed that many youth enjoy watching movies, playing basketball, swimming, bicycling, rollerblading, and using the computer. She stated that 65% of the youth would utilize a youth center. She stated that 25.7% prefer the location to be in the City park, with 25.6% preferring the location in the downtown. She stated that Crapo Park, Dankwardt Park, and Perkins Park were presently being used by area youth on a regular basis. She stated that the activities that were not currently available in Burlington that would serve a need in the teen community were as follows: skate park; community/youth center; recreation; inexpensive movies; summer camp; open gym time; middle school after school program; mentoring program; in-line hockey; and special events. She stated that the goal of her youth center proposal was to promote quality programs that offer character building skills and offers options in life while developing good future citizens in the City of Burlington. She reviewed with the Council and the viewing audience the youth center proposal. She further reviewed the cost of having a youth center. She stated that her conclusion/recommendation to the Council were as follows: it is the top priority by the Youth Commission to develop a Community Center concept and have a site in operation and programs implemented within one year of this proposal; it is a recommendation by the Task Force to utilize existing facilities and work with organizations on program development to fill the gaps to meet the needs of the youth addressed in the survey; to have some type of mentoring program in the area such as Big Brothers/Big Sisters or a Boys and Girls Club to meet the needs of some Middle School students who need someone to look up to and participate in activities they share a common interest in; develop several programs that meet the needs of Middle school youth besides sports in an atmosphere that they feel comfortable in that they can feel a part of; High School students do not care so much about additional programs, but a place they go to socialize with friends when their busy schedules allow; little structure in a safe environment was important; something needs to be developed to meet the needs of the skateboarders, in-line skaters and BMX or bicycle enthusiast; an area needs to be developed to meet these needs to deter perceived problems from the police and downtown businesses. Council Member Thomas stated that Burlington needs a youth center. He commended the Youth Coordinator for doing an extensive job on the comprehensive plan. Council Member Scott stated that it was important to get information out to the news media in regard to youth comprehensive plan. He urged the Youth Coordinator to send a copy of the plan certified to the media. Council Member Henry stated that the plan answers many questions that the public has. He stated that the key to the plan was the gap analysis. He stated that he hoped to move forward with the Youth Coordinator's recommendation. Council Member Heland stated that it would be appropriate to pass a Resolution of support for the youth plan at the next council meeting. He stated that it was important for the Council to make a commitment toward the plan. Dave Hanrahan of 1709 Oak Street questioned if the City could use the Burlington Community School District facilities for youth activities. Council Member Scott stated that part of the youth comprehensive plan was to use school facilities. 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 Amendment to the Fiscal Year 1997-1998 City Budget

COMMENTS: The Interim City Manager stated that the City's total amendment in the amount of $770,580.00 brings the amended budget to $28,257,983.00. He stated that the proposed amended budget was $28,257,983.00. He reviewed with the City Council and the viewing audience the highlights of the budget amendment which included the general fund, road use tax, sales tax fund, capital projects fund, solid waste, and trust and agency. He stated that the amendment to the fiscal year 1997-1998 budget would be one of three budget amendments. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution Approving Amendment to the Fiscal Year 1997-1998 City Budget

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

6. Statement: Update of the 1997 CDBG Sanitary Sewer Improvements, Phase I, Phase II, and Phase III

COMMENTS: The Public Works Director stated that the hearing update of the 1997 CDBG Sanitary Sewer Improvements for Phase I, II, and III was a requirement of the CDBG grant that provides for a public update of the project status with regard to both the construction and finances of the project. He stated that design work was completed by the City Engineer and his staff. He stated that the project was being built in accordance with the approved grant. He stated that the approved grant had a value of $1,500,000.00. He reviewed the project improvements with Council and the viewing audience. He stated that the project was bid in three phases primarily due to the specialized nature of the work in the different areas. He stated that under Phase I the contract was awarded to Insituform Midwest, Inc. in the amount of $246,690.00. He stated that the project provides for the cleaning, televising, point repair and slip lining of in-place sewers as well as manhole rehabilitation. He stated that the contract was written to provide for a slip lining alternate to minimize disruption to the neighborhood traffic. He stated that the benefitting properties remain the same today as in the original application. He stated that phase I was complete except for an additional five point repairs discovered following a review of the post lining, video tapes. He stated that to date the City has paid Insituform $215,740.35. He stated that $50,116.00 was grant monies, and $165,624.00 were City monies. He stated that Phase II was awarded to Langman Construction Company in the amount of $484,579.00. He stated that phase II consisted of construction of storm water lines and intakes to separate sewer systems and paving of intersections. He stated that the contractor encountered hazardous materials from a former station site on South Main Street, which cost an extra $21,419.02 to the project. He stated that the project was complete except for seeding the lawn areas which were disturbed. He stated that to date the City has paid Langman Construction Company $488,283.28. He stated that $466,164.90 was grant monies and $22,118.38 was City monies. He stated that Phase III was awarded to Pressure Concrete in the amount of $337,283.00. He stated that the project including cleaning, repair, and concrete lining of major trunk sewers and the relocation and reconstruction of combined sewer overflow. He stated that the project was complete except for the removal of the old combined sewer overflows and temporary dams left in place on the Angular Street combined sewer overflow to assist the City with flow control during sewer cleaning operation. He further stated that to date the City has paid Pressure Concrete $176,669.96. He stated that $66,798.04 was grant monies and $109,871.92 was City monies. He stated that the total CDBG cost was $595,229.00 and the total City cost was $297,615.00. He stated that monies include administrative costs paid to Simmering-Cory. 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 Preliminary Adoption of the Second Reading of An Ordinance: An Ordinance Amending Chapter 12.14 Residential Street Improvements of the Burlington Municipal Code

DISCUSSION: The Interim City Manager stated that the proposed Ordinance Amending Chapter 12.14 Residential Street Improvements of the Burlington Municipal Code was a housekeeping item. He stated that staff did not prepare a staff presentation as the Ordinance was in its final reading. Council Member Scott urged people to file petitions for street or alley improvements. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES") CARRIED