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. 47
December 1, 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. Council Member Thomas left the meeting
prior to adjournment.
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: Mayor Sandell stated that the Council was approving the following nuisance abatements on the consent agenda: Julia A. Royer of 2101 Burlington Avenue for property at 114 North Gunnison in the amount of $570.00; Bruce Workman of 1213 Patterson for property at 625 South 3rd Street in the amount of $1,010.00; Frances Phillips of Ft. Dodge, Iowa for property at 102 South Starr in the amount of $310.00; Don Dade and Dawn Spooner of 1611 Green Street for property at 1611 Green Street in the amount of $350.00; and Gerald W. and Patricia C. Carle of 419 Harrison for property at Worthington's Addition in the amount of $215.00. He stated that property owners should be responsible enough to take care of their properties. He stated that it would be cheaper for property owners to take care of their properties than the City abating the property. Council Member Henry stated that the Council would be discussing property owners taking care of their properties at their goal setting session. Mayor Sandell stated that at 10 a.m. on December 1, 1997 the ribbon was cut on Hotel Burlington, which will now be called Burlington Apartments. He thanked former City Manager, Jane Wood, and the Development Director for their work on the redevelopment of the building. Council Member Scott wished Council Member Heland a Happy 41st Birthday. 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 Chapter 17.16 of the Burlington
Municipal Code to Rezone Lots 1, 2, 3, 4, and 5 of Block 1 in the 1st Addition to Scotten
Place from C-1 (Commercial) to C-2 (General Commercial)
COMMENTS: The Development Director stated that the City received a request from the
Division Manger of Menninga Electric, Inc. for rezoning at the corner of Cottonwood and
Vineyard from C-1 Commercial to C-2 General Commercial. He stated that the surrounding
property owners were supportive of the rezoning. He stated that the Plan Commission
unanimously approved the rezoning subject to the petitioner providing a landscaped buffer along
the east property line in the event the adjacent property is developed. Council Member Heland
questioned who received notice of the rezoning. The Development Director stated that notices
were mailed to property owners within 200 feet of the rezoning. He stated that two property
owners were missed that should have received a notice. He stated that it was not required by
State law to send a notice to surrounding property owners. He reviewed with Council and the
viewing audience the uses allowed under a C-2 zone. The Interim City Manager stated that once
the Council adopts the Comprehensive Plan the Development Department would be working on
updating the zoning and subdivision codes. Council Member Heland stated that he was
concerned with the added traffic congestion at Autumn Heights. He further stated his concern
with a C-2 zone being located next to an R-2 zone. He stated that under a C-2 zone a truck
terminal could be constructed. He stated that he did not intend on voting in favor of the
rezoning. He stated that the Council needed to have sympathy for the residents in the area. 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 17.16 of the Burlington Municipal Code to Rezone Lots 1, 2, 3, 4, and 5 of Block
1 in the 1st Addition to Scotten Place from C-1 (Commercial) to C-2 (General
Commercial)
DISCUSSION: None.
(VOTE: 4 - "AYES" HENRY, SANDELL, SCOTT, THOMAS
1 - "NAY" HELAND) CARRIED
2. Statement: Consideration of An Ordinance Amending the Burlington City Code Chapter
12.16 Street and Sidewalk Use Regulations by Adding Section 12.16.120 Coal Bins
COMMENTS: The Interim City Manager stated that there were a number of areas downtown
where coal bins were located under the sidewalks in front of storefront properties. He stated that
the coal bins constitute an encroachment on the City's right-of-way. He stated that over the years
the City has requested property owners to wall off and fill the coal bins when any street or public
works projects are constructed on the right-of-way. He stated that the proposed Ordinance
provides "more teeth" to enforcing that requirement. He stated that the proposed Ordinance
allows the City to go ahead and close the walls off and fill the coal bins and then file a lien
against the property if the property owner refuses to cooperate. He stated that the Ordinance
would only be enacted when the City was rebuilding a street or sidewalk. Council Member
Henry stated that the Ordinance provides at least 90 days written notice to the property owner.
He stated that it may be difficult financially for a property owner to only have a three month
notice. The Public Works Director stated that the procedure that he was looking at would keep
the property owner notified of any action by the City. He stated that he would anticipate having
property owner meetings five to six months before construction. He further stated that there
needed to be some type of cut off date. Mayor Sandell stated that on the surface he supported the
City's effort in closing the coal bins. He stated that he would like to see a reserve fund as many
businesses downtown have a difficult time in receiving funding. He stated that there was a grant
program, but there needed to be a number of dollars on an ongoing basis to fund the grant
program. He stated that the Revolving Loan Program was just for new businesses in the
community. He stated that at this point it does not address expansion or maintenance. Council
Member Scott stated that before Council approves the Ordinance the Council needs to fund a
grant program at low interest. Deb Weeklund of Downtown Partners, Inc. stated that she has had
feedback on only one property owner who has walls on three sides and did not qualify for the
revolving loan program. She stated that the grant program guidelines should be revised. Council
Member Henry stated that the Ordinance was protecting the right-of-way which belongs to all
citizens. He stated that he was in favor of helping property owners who truly need assistance, but
did not want to see a public "give away" program. 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 City Code Chapter 12.16 Street and Sidewalk Use Regulations by Adding
Section 12.16.120 Coal Bins
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of An Ordinance Amending Sections 10.48.020, 10.48.220 &
10.48.225 of Chapter 10.48 Parking Enforcement of the Burlington Municipal Code
COMMENTS: The Interim City Manager stated that the Council had approved a new Parking
Ordinance two months ago. He stated that since then some areas in the Ordinance have been
identified to be amended. The Public Works Director stated that the City has received a request
from Downtown Partners, Inc. to add the 100 blocks (Market to Valley) of North Main, North
Third, and North Fourth Streets to the District B (downtown area) parking designation and to
reduce the parking time limits from three hours to two hours on all three streets. He stated that
the fines would be going from $2.00 up to $3.00. Council Member Heland suggested that the
City could offer small buses with different routes downtown to make downtown more shopper
friendly and to help the downtown workforce. Council Member Scott stated that the suggestion
could be made a part of the goal setting session that Council would be having in 1998. The
Public Works Director stated that his department was looking at a free shuttle service. Council
Member Henry made a motion to Amend Section 10.48.220 G. of An Ordinance Amending
Sections 10.48.020, 10.48.220 & 10.48.225 of Chapter 10.48 Parking Enforcement of the
Burlington Municipal Code by Replacing the word Columbia with the word Washington.
Council Member Scott seconded the motion. After roll call vote by the City Clerk 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 Section 10.48.220 G. of An Ordinance Amending Sections 10.48.020,
10.48.220 & 10.48.225 of Chapter 10.48 Parking Enforcement of the Burlington
Municipal Code by Replacing the word Columbia with the word Washington
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Motion for Preliminary Adoption of the First Reading of An Ordinance Amending
Sections 10.48.020, 10.48.220 & 10.48.225 of Chapter 10.48 Parking Enforcement of the
Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration of Submission of An Application for A Community
Development Block Grant for Funding Assistance for Proposed Improvements to the
City's Sanitary Sewer Collection System
COMMENTS: The Interim City Manager stated that the City was applying for an $800,000.00
Community Development Block Grant (CDBG) from the Iowa Department of Economic
Development with an approximate local match of $939,684.00. He stated that the local share
would be financed with sewer revenue bonds. The Development Director stated that the 1998
Community Development Block Grant Sewer Projects consisted of six storm sewer projects for a
total estimated cost of $1,090,852.00. He stated that there were four reconstruction sanitary
sewer projects with an estimated cost of $134,703.00. He stated that there were four slip lining
sanitary sewer projects with an estimated cost of $191,961.00. He stated that the total estimated
cost was $1,417,516.00, with professional fees and contingency fees bringing the total to
$1,739,684.00. He stated that the grant application was due by December 16, 1997. He stated
that as part of the grant application the City was surveying property owners. He stated that a
70% survey response rate was needed. The Project Coordinator reviewed with Council the
survey questions. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Submission of An Application for A Community Development
Block Grant for Funding Assistance for Proposed Improvements to the City's Sanitary
Sewer Collection System
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCE:
1. Motion for Final Adoption of An Ordinance: An Ordinance Amending Section 10.24.040
Thirty Mile Per Hour Speed Limit of the Burlington Municipal Code
DISCUSSION: Keith Gardner of 1302 South 12th Street stated that he would like to see the speed limit on West Burlington Avenue from Agency to West Avenue and Division Street from Roosevelt Avenue to Gear Avenue 40 miles per hour. He stated that the areas were presently 30 miles per hour and were a speed limit trap. The Interim City Manager stated that the curves on West Burlington Avenue were designed with a speed of 30 miles per hour. Council Member Scott stated that he did not believe it was the intent of Council to create a speed limit trap to make more monies for the general fund. Council Member Henry stated that he would like to see the Police Department give warnings to motorist prior to issuing tickets on the proposed new speed limit. Council Member Thomas agreed with Council Member Henry. Council Member Heland stated that the area out by the sports complex will eventually have bike trails, joggers, and pedestrian traffic. He stated that the 30 mile per hour speed zone made sense to him. The Interim City Manager stated that the present 40 miles per hour speed zone on West Avenue will be lowered as more residential housing occurs. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS/MOTION:
1. Resolution Approving Shelter House Reservation Fee Schedule
DISCUSSION: The Interim City Manager stated that the proposed Resolution provides for a change in the reservation fee schedule for the parks in Burlington. The Parks and Recreation Superintendent stated that the park fees have not been amended since 1982-1983. He stated that the City would start charging a fee for use of the outdoor shelters. He stated that the proposed fee schedule for Perkins Park enclosed shelter as follows: Room 1, ½ day $7.50, all day $15.00; Room 2, ½ day $7.50, all day $15.00; Room 3, ½ day $25.00, all day $50.00; Room 4, ½ day 15.00, all day $30.00. He stated that the fee schedule for the large open shelters (Crapo, Dankwardt, and Perkins) would be as follows: large shelter, ½ day $15.00; all day $35.00. He stated that the small open shelters (skate house, horseshoe at Crapo and Dankwardt) would be as follows: ½ day $7.50; and all day $20.00. Mayor Sandell requested that the Parks Superintendent review the cancellation policy. The Parks Superintendent stated that the person making the reservation has to submit a cancellation two weeks in advance to receive their monies. He stated that the same cancellation policy would also apply to outdoor shelters. Council Member Heland stated that it would be a good idea to give the usage restrictions for the shelters to the people reserving the shelter when they come in to pay. Council Member Henry agreed with Council Member Heland. 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 Use of Tax Increment Financing by Southeastern Community
College for Vista Bakery New Jobs Training Program
DISCUSSION: The Interim City Manager stated that the City received a request from
Southeastern Community College to utilize tax increment financing to finance a new jobs
training program for Vista Bakery. He stated that the request was being submitted pursuant to
the joint agreement entered into between the City and the College on October 20, 1997. He
stated that the request involves the College incurring a debt of $215,000.00 to be repaid over a
ten year period utilizing tax increment financing generated as the result of a building addition.
He stated that Vista Bakery would employ seventy-six new jobs with the wages being paid from
$6.23 to $21.62 per hour. He further stated that the average wage would be $7.05 per hour.
Mayor Sandell questioned how the City recoups the building permit fee process. The Interim
City Manager stated that in regard to the building permits the fees collected do not cover the cost
of the inspectors inspecting the property. Council Member Heland stated his concern that with a
$6.23 an hour job both spouses have to work and there would still have to be overtime needed to
make ends meet. He further questioned who would watch the children while the couple works.
He stated that at what point does the Council say no to $6.23 an hour jobs. He stated that there
was a problem with people and children in poverty. He stated that he did not intend on voting in
favor of the Resolution. He stated that he needed to know more about the issues. Council
Member Thomas agreed with Council Member Heland that the Council needed to send a strong
message that the City wants high paying jobs in Burlington. He stated that babysitters, gasoline,
and groceries would eat up their paychecks. Council Member Scott stated that many factories in
the United States were shutting down and sending their jobs overseas. He stated that he was
willing to embrace every opportunity for people to better themselves. Council Member Henry
stated that he didn't think that the Council could solve the world's economic problems. He
stated that he didn't feel that $6.23 was a bad wage. Council Member Heland made a motion
that the Resolution Approving Use of Tax Increment Financing by Southeastern Community
College for Vista Bakery New Jobs Training Program be Tabled to the December 15, 1997 City
Council Meeting. Council Member Thomas seconded the motion. After roll call vote by the
City Clerk the motion was approved with Council Members Heland, Sandell, and Thomas voting
in favor, and Council Members Henry and Scott voting against 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 Approving Use of Tax Increment Financing by Southeastern
Community College for Vista Bakery New Jobs Training Program be Tabled to the
December 15, 1997 City Council Meeting
DISCUSSION: None.
(VOTE: 3 - "AYES" HELAND, SANDELL, THOMAS
2 - "NAYS" HENRY, SCOTT) CARRIED
HEARING:
1. Statement: Consideration of An Ordinance Adopting the 1997-2016 Comprehensive
Strategic Plan, Per Title 414 Iowa Code, and Title 3.16 City Code, of the City of
Burlington, Iowa Continued from the November 17, 1997 City Council Meeting
COMMENTS: The Interim City Manager stated that the hearing on the Ordinance adopting the
1997-2016 Comprehensive Strategic Plan was continued from the November 17, 1997 City
Council Meeting. He stated that the plan was a 20 year blueprint for the community. The
Development Director stated that the Redevelopment Specialist would give a brief review of the
objectives of the neighborhood element objectives. The Redevelopment Specialist stated that the
goals of the targeted neighborhood planning program were as follows: to improve the overall
quality of life for the residents of each targeted neighborhood; to create healthy desirable
neighborhood; to capitalize on the strengths and weaknesses of each targeted neighborhood by
maintaining and enhancing each area's special characteristics. He stated that the City Council's
allocation for the Targeted Neighborhood Planning Program was $250,000 each year over a five
year period. He stated that the Targeted Neighborhoods were as follows: Saunderson Heights
(West Hill); South Hill; and North Hill. He stated that the Saunderson Heights Neighborhood
Planning process was as follows: neighborhood wide meeting to solicit interest and willingness
to participate; neighborhood wide meeting to identify strengths and weaknesses and select a
steering committee; a series of steering committee meetings were held to develop and refine a
Capitol Improvement Program/Plan to address the neighborhoods prioritized issues; and formal
adoption of the plan by the neighborhood and the City Council. He stated that the North Hill Sub
Area Land Use Policies were as follows: the area shall be designated as single-family residential;
the City shall promote the preservation of single-family dwellings and prohibit the conversion of
all existing dwellings into two or more unit multi-family dwellings or the construction of new
and expansion of existing two or more unit multi-family dwellings within the subarea; all
existing two or more unit multi-family dwellings shall be considered legal non-conforming and
shall not be expanded nor be rebuilt or repaired if damaged by more than 50% of its value; the
area shall have designations for neighborhood commercial centers; owners of existing structures
in excess of 3,000 square feet can petition the Zoning Board of Adjustment for a Special Use
Permit to allow multi-family use where it can be shown that approval of said permit will result in
a viable use of said property clearly benefitting surrounding properties and the North Hill
Neighborhood as a whole; and the Burlington Official Zoning Ordinance and map shall be
amended to reflect the zoning changes. The Project Coordinator briefly reviewed the growth
policies for the City. He stated that the four growth policy goals were: provide an opportunity for
growth; control development on the fringes of the City; maintain the compatibility of land uses;
manage historical and cultural resources; maintain and protect the environmental quality of the
area; and maintain and protect prime agriculture land. Council Member Henry made a motion
that the Public Hearing for Consideration of An Ordinance Adopting the Comprehensive Plan for
the City of Burlington be Continued to the December 15, 1997 City Council Meeting. Council
Member Scott seconded the motion. Council Member Thomas had left the meeting at 9:00 p.m.
and was not present to vote on the motion. After roll call by the City Clerk the motion was
unanimously approved. All present had opportunity to speak and nothing additional was filed in
the office of the City Clerk.
Motion that the Public Hearing for Consideration of An Ordinance Adopting the
Comprehensive Plan for the City of Burlington be Continued to the December 15, 1997
City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES") CARRIED
(Council Member Thomas left the meeting at 9:00 p.m., and was not present to vote.)
Adjournment: 10:05 p.m. Approved: December 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
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contract for the 1997-1998 3rd and Washington Street Parking
Ramp Extension
2. Resolution Awarding Purchase of A Street Sweeper for the Public Works Department,
Streets Division
SET DATE FOR PUBLIC HEARINGS: (December 15, 1997)
1. Consideration of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington
Municipal Code
2. Consideration of an Ordinance Amending Chapter 9.04 City Criminal Code of the
Burlington Municipal Code by Creating a New Section 9.04.080 Failing to Supervise a
Child (Parental Responsibility)
3. Consideration of An Ordinance Amending Chapter 15 of the City of Burlington Plumbing
Code
4. Consideration of An Ordinance Adopting a Code of Ordinances for the City of Burlington
as Required and Provided in Section 380.8, Iowa Code
5. Consideration of Voluntary Annexation of Property Located 1/4 Mile East of the Corner
of Gear and West Avenue
APPOINTMENTS:
Riverfront Advisory Committee: Michael Benninghoven
Youth Commission: Julie Vantiger-Hicks