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. 48
December 15, 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 welcomed Boy Scout
Troop #3 to the Council meeting. Mayor Sandell and Council Member Heland were both
presented with two plaques for their eight years of service to the City Council as Council
Member and as Mayor. All present had opportunity to speak and nothing additional was filed in
the office of the City Clerk.
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
PRESENTATION: Targeted Neighborhood
DISCUSSION: Mayor Sandell stated that the Council would be holding a presentation of the
Targeted Neighborhood with a hearing set for January 5, 1998 for consideration of an Ordinance
Adopting the Saunderson Heights Neighborhood Plan and Formally Including the Plan Within
the City's Comprehensive Plan. The Interim City Manager stated that the City was coming to a
process of conclusion which was really the beginning as far as the targeted neighborhood was
concerned. The Development Director introduced Elliott Anderson, Chairperson of the Targeted
Neighborhood. Elliott Anderson presented the background information of the Targeted
Neighborhood Plan and the budgeted monies for the project. He stated that work has started on
park, street and sewer improvements, and demolition of unsafe buildings. The Development
Director presented the thirty-one concerns of the Targeted Neighborhood, and the strengths.
Sharon Brueck stated that she was excited that her neighborhood was the first targeted
neighborhood. She stated that lighting for the neighborhood was an important issue to help
combat crime. The Housing Director reviewed the lighting and pedestrian walkway to the
Council and viewing audience. He further reviewed the Residential In-fill Development for the
neighborhood. He stated that the objective of the Residential In-fill Development program was
to improve the image of Saunderson Heights by replacing vacant lots and dilapidated houses with
new single family construction, and to provide financial incentives to developers/contractors who
would build new homes in the $55,000.00 range. Captain Bob Sloan stated that he acted as a
liaison officer for the Targeted Neighborhood. He stated that he encouraged the Neighborhood
Watch Program, implemented the COP Program, and two neighbors graduated from the Citizen
Police Academy. Peggy Hunt reviewed the ideas planned for Saunderson Park. Deb Stewart
spoke in regard to grants that the neighborhood would be applying for. She further reviewed the
sidewalk and street program. Several of the committee members spoke in regard to media
promotion, the paint-a-thon, the bag and tag program, and the adopt a block program. The
Redevelopment Specialist also reviewed the sidewalk construction program. Elliot Anderson
stated that the Council has been very supportive of the Targeted Neighborhood. He stated that he
would like the Council to approve the proposed plan. Mayor Sandell congratulated the Targeted
Neighborhood for their leadership role. He stated that the plan will be a viable document when a
neighborhood association is behind it. Council Member Heland echoed the comments made by
Mayor Sandell. He stated that the program will only happen because the neighbors want it. He
further commended the neighborhood for their work. Council Member Henry stated that he was
excited about voting on the Ordinance in January, 1998. Council Member Scott urged the
neighbors to keep taking pictures of their neighborhood improvements as there were awards that
the City could apply for through the State. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
HEARINGS:
1. Statement: Consideration of An Ordinance Amending Chapter 15 of the City of Burlington
Plumbing Code
COMMENTS: The Interim City Manger stated that the proposed Ordinance amends the
Plumbing Code provision that allows PVC piping in place of cast iron piping in certain
situations. He stated that the request was prompted by the developer of Hotel Burlington. He
stated that it was also a change that will be taking place sometime in 1998 when the Council is
asked to adopt a new International Plumbing Code. The Chief Code Inspector stated that the
request by the developer of Hotel Burlington to use PVC piping in place of cast iron piping was
valid. Bill Pilger of 509 Swan, West Burlington stated that he has a master plumbing license.
He stated that the Board of Plumbing Examiners met and have not supported the change. He
stated that the Board of Plumbing Examiners was not just an examining board but was an
advisory board. He stated that Council would be opening up a can of worms by amending part of
the Plumbing Code for one developer. Janet McCannon of 920 Willow, representing the Hotel
Burlington Project, stated that Council had changed the electrical code to allow for the use of
romax for a redeveloper. She urged the Council to approve the Ordinance. Council Member
Scott questioned if PVC would provide minimum requirements and standards for protection of
public health, safety, and welfare. Bill Pilger stated that he could not answer the question at the
Council meeting. He stated that Council needed to be careful making a change for an isolated
reason. Mayor Sandell stated that the Council has a strong commitment to the redevelopment of
Hotel Burlington. Council Member Henry questioned if the Chief Code Inspector could recall a
time when PVC piping failed. The Chief Code Inspector stated that he could not remember a
time when he saw PVC piping fail. 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
15 of the City of Burlington Plumbing Code
DISCUSSION: Council Member Heland stated that he was up in the air on the issue due to the fact that Bill Pilger has stated that the Plumbing Board of Examiners was more than just an examining board but was an advisory board. The Interim City Manager stated that whenever the Council adopts the plumbing code the Council also adopts any amendments to it. Council Member Henry stated that the Plumbing Board of Examiners did not vote on the issue. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HENRY, SANDELL, SCOTT, THOMAS
1 - "NAY" HELAND) CARRIED
2. Statement: Consideration of An Ordinance Adopting a Code of Ordinances for the City of
Burlington as Required and Provided in Section 380.8, Iowa Code
COMMENTS: The Interim City Manager stated that the Iowa Code requires that the Council
either completely re-codify or re-adopt the City's Code of Ordinances. He stated that the last
time the Council had re-adopted the City's Code of Ordinances was in January, 1993, therefore,
it would be five years by the time the Council adopts the Ordinance in January, 1998. 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 Adopting a Code of
Ordinances for the City of Burlington as Required and Provided in Section 380.8, Iowa
Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of Voluntary Annexation of Property Located 1/4 Mile East of the
Corner of Gear and West Avenue
COMMENTS: The Interim City Manager stated that the City has received a request for the
voluntary annexation of property located 1/4 mile east of the corner of Gear and West Avenue for
the development of a senior housing and assisted living facility. The Development Director
stated that the City has received a request from Shan Bedi for voluntary annexation of
approximately 19.2 acres located south of West Avenue approximately 1/4 mile east of the West
Avenue and Gear Avenue intersection. He stated that the petitioner was requesting the
annexation to develop a senior housing and assisted living facility. He stated that the area
would be an area of future growth for Burlington. He urged the Council to approve the
annexation. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
Motion to Close CARRIED
Resolution Approving the Voluntary Annexation of Property Located 1/4 Mile East of the
Corner of Gear and West Avenue
DISCUSSION: Mayor Sandell questioned if sewer work had been done in the area several years ago. The Development Director stated that sewer work has taken place in the area in the last several years. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second 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: The Development Director stated that the Division Manager of Menninga Electric, Inc. was present should Council have any questions in regard to the 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). Council Member Heland stated his concern about rezoning near a residential use area. He stated that he had empathy for the neighbors in the area. The Interim City Manager stated that once the Comprehensive Plan is adopted by the Council the Development Department would start working on the Zoning Code. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HENRY, SANDELL, SCOTT, THOMAS
1 - "NAY" HELAND) CARRIED
2. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and
for Final Adoption 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: The Interim City Manager stated that the proposed motion would waive the preliminary consideration and adoption of the second reading of the Ordinance regarding Coal Bins and final adopt the Ordinance. 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. Mayor Sandell stated that he hoped Council would fund assistance to property owners having to deal with the removal of coal bins. Council Member Scott stated his concern for the cost to property owners. He stated that he would support the Ordinance reluctantly. He stated that there were other alternatives. He stated that the only reason he would support the Ordinance was that he did not hear any opposition to the Ordinance. Council Member Henry stated that Council could include a hardship clause in the funding process. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Preliminary Adoption of the Second 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: The Interim City Manager stated that the proposed Parking Enforcement Ordinance cleans up the Ordinance which Council had approved to be more consistent. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
MOTIONS/RESOLUTIONS:
1. Resolution Approving An Agreement with Municipal and County Management Services for
Negotiations of a Cable TV Renewal Franchise
DISCUSSION: The Interim City Manager stated that the proposed Resolution provides for an Agreement with Municipal and County Management Services related to the Cable franchise renewal process. He stated that the total fees would not exceed $6,000.00. He stated that he has spoken with Pat Callahan of Municipal and County Management Services and he was agreeable to having the Cable TV Commission undertake the information gathering phase which would involve compilation of and conducting the citizen survey, and preparation of the needs assessment. He stated that Mr. Callahan would then review the information for approximately $200.00, which lowers the maximum to $3,900.00. He stated that in addition Mr. Callahan would prefer that a City representative be involved with the negotiation phase of the process and has proposed that the Cable Commission fulfill that role. He further stated that he has spoken with the Chairperson of the Cable Commission and the Chairperson is agreeable to pursuing the renewal through this method. He stated that the City had hoped to partner with the City of West Burlington in this process and cost share for Municipal and County Management's services, however, the City of West Burlington has not been contacted by TCI in regard to the cable TV process. Council Member Thomas questioned what was the Cable Commission's role. The Interim City Manager stated that the Cable Commission provides for a public input process, the community survey, and prepares the needs assessment. He stated that the Commission would also provide a representative to assist Mr. Callahan in the negotiation process. He stated that Mr. Callahan would like a Cable Commission representative with him when he meets with the Cable T.V. Company. John R. Sandell of 2803 West Avenue and member of the Cable Commission read the minutes from the November 12, 1997 Cable Commission. He stated that the Commission was not agreeable to the Council entering into an agreement with Municipal and County Management Services for negotiations of a cable TV renewal franchise. The Interim City Manager stated that he spoke with the Cable TV Chairperson and though he was not enthusiastic with the agreement he would agree to allow Council to enter into an agreement with Municipal and County Management Services. John R. Sandell of 2803 West Avenue stated that it was ridiculous for the City to hire an outside source to negotiate a cable contract. Mayor Sandell stated that staff has done an excellent job at working out a compromise to allow the public to participate with the Cable Commission. Council Member Heland stated that Pat Callahan was not a stranger to Burlington as he had negotiated for the City in the past. He stated that Pat Callahan was the best available resource that the City can use. He stated that he valued the role of the Cable Commission as an advisory group. He stated that he was in favor of entering into an agreement with Municipal and County Management Services. Council Member Henry stated that he read the Cable Commission minutes thoroughly. He stated that he was reluctant to go against staff recommendation. He stated that the City has an individual on the Cable Commission with expertise in negotiations and is supported by an energetic commission. Council Member Scott stated that Gale Lawley gives him the confidence with the Cable Commission members. He stated that Council needed to empower the Cable Commission to empower Gale Lawley to negotiate a cable franchise agreement. Council Member Thomas stated that he has respect for Gale Lawley as a leader and as a negotiator. Council Member Heland stated that he shared confidence in the Cable Commission also, but felt the volunteers who serve on the Cable Commission should be assisted by a professional. He stated that having the Cable Commission negotiate the cable franchise would violate the trust of the Ordinance. He felt Council should employ Mr. Lawley to renew the franchise and not have him negotiate it just because he serves on the cable commission. He urged the Council to not ignore their Ordinances. Mayor Sandell stated that it was not good policy to have the Cable Commission enforce an Ordinance that they negotiated. He stated that Council should ask Gale Lawley to resign from the Commission and then employ him. He stated that he would vote against the Resolution. Council Member Scott made a motion to Continue the Resolution Approving An Agreement with Municipal and County Management Services for Negotiations of a Cable TV Renewal Franchise to the January 5, 1998 City Council Meeting. Council Member Thomas seconded the motion. After roll call vote by the City Clerk the motion failed with Council Members Scott and Thomas voting in favor and Council Members Henry, Sandell, and Heland voting against the motion. The City Clerk then called the vote for the Resolution Approving An Agreement with Municipal and County Management Services for Negotiations of a Cable TV Renewal Franchise. After roll call vote the Resolution failed with Council Members Sandell and Heland voting in favor of the Resolution and Council Members Henry, Scott, and Thomas voting against the Resolution. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 2 - "AYES" SANDELL, HELAND
3 - "NAYS" HENRY, SCOTT, THOMAS) FAILED
2. Motion to Continue the Resolution Approving An Agreement with Municipal and County
Management Services for Negotiations of a Cable TV Renewal Franchise to the January 5,
1998 City Council Meeting
DISCUSSION: None.
(VOTE: 2 - "AYES" SCOTT, THOMAS
3 - "NAYS" HENRY, SANDELL, HELAND FAILED
3. Resolution Approving Preliminary Plat for Johnson Corner Subdivision
DISCUSSION: The Project Coordinator stated that Johnson Corner Subdivision was a two lot subdivision within the City's two mile limit of Burlington. He stated that the property is located in Des Moines County, within the City's two-mile review area. He stated that Joyce Johnson currently owns property surrounded on all sides, but the east, by Vivian Johnson. He stated that Joyce Johnson wishes to purchase the property to the south from Vivian Johnson to protect herself from future commercial development at the corner of Flint Bottom Road and Highway 61. He stated that the only condition to the plat was that any future development or subdivison of the property would require full platting per the Subdivision Ordinance. Council Member Heland stated that the Johnson Corner Subdivision was an agricultural area. He stated that zoning would protect the area. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Approving Final Plat for Johnson Corner Subdivision
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
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 December 1, 1997 City Council Meeting
COMMENTS: Mayor Sandell stated that due to the late hour of the evening, it would be better to
continue the hearing for 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 to the January 20, 1998 City Council Meeting. Council Member Scott made a motion that
the Public Hearing for 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, be tabled to the January 20, 1998 City Council Meeting. Council Member Henry seconded
the motion. After roll call vote by the City Clerk the motion was approved unanimously. 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 1997-2016 Comprehensive Strategic Plan, Per Title 414 Iowa Code, and Title 3.16 City Code, of the City of Burlington, Iowa, be tabled to the January 20, 1998 City Council Meeting
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
COMMENTS FROM COUNCIL: Council Member Heland stated that since he has served the
City the Council has tried to better communicate with the citizens through popular reports,
zoning and land use planning annual report, and the budget. He stated that Council needed to
applaud Doug Worden the Finance Director for his work. He stated that the City has used the
construction manager for the development of the new Airport Fire Station. He stated that the
City had never evaluated the success or the lack of success of the use of a construction manager.
He stated that the implementation of the capital project schedule was an important planning tool
for the City. He stated that he was very proud of the services offered by the City and the City
organization itself during the past eight years that he has served the City. Mayor Sandell stated
that when he looks back on the past eight years that the issue of sales tax was not very popular.
He stated that since the local option sales tax has passed it has given the City great benefits. He
stated that progress could not have been made without the local option sales tax. He stated that
the second item was revenue for the riverfront. He stated that the revenue from the gambling
boat will pay big dividends to the riverfront. He stated that he considered those two big events
because of the results that they produced. He further applauded the Council/Manager form of
government. All present had opportunity to speak and nothing additional was filed in the office
of the City Clerk.
Adjournment: 10:30 p.m. Approved: January 5, 1998
Kathleen P. Salisbury Timothy E. Scott
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, Final Payment, and Release of Retention Monies for the 1997 CDBG Sewer, Phase I
- Resolution Approving Final Acceptance, Final Payment, Release of Retention Monies, and Authorizing Acceptance of Supplementary Contract for the 1997 CDBG Sewer, Phase II
- Resolution Approving Final Acceptance and Release of Retention Monies for the 1997 Riverfront Rip-Rap Project
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contract for the 1997 Agency and Curran Street Traffic Signalization
2. Resolution Approving Purchase of an Ambulance for the Fire Department
PETITIONS:
1. Motion to Receive and File Petition From Property Owners Requesting an Improved Street
to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full
width PC Concrete Located at Orchard Place from Harrison Street South to the Cul-de-sac
by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for
25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project
Costs as May be Necessary
2. Motion to Receive and File Petition From Property Owners Requesting an Improved Street
to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full
width PC Concrete Located at Williams Street From Hagemann Avenue to Plane Street by
Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25%
of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs
as May be Necessary
3. Motion to Receive and File Petition From Property Owners Requesting an Improved Alley to Include Standard P.C. Concrete Curb and Gutter and 8" of Asphaltic Concrete or full width PC Concrete Located at Alley that extends North from Amelia Street and Connects to Plane Street in the Vicinity of Aetna Street by Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs as May be Necessary
RESOLUTION:
1. Resolution Accepting Projects for Inclusion in the 1998 Residential Street Improvement
Program
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Sale of Fire Station, 802 Summer Street (January 5, 1998)
2. Consideration of An Ordinance Repealing Chapter 3.44 Mall Advisory Committee of the
Burlington Municipal Code (January 5, 1998)
3. Consideration of An Ordinance Adopting the Saunderson Heights Neighborhood Plan and
Formally Including the Plan Within the City's Comprehensive Plan (January 5, 1998)
4. Consideration of An Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington
Municipal Code (January 5, 1998)
5. 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) (January 5, 1998)
6. Consideration of Plans and Specifications for the Regional Family Recreation Complex
(January 20, 1998)
APPOINTMENTS:
YOUTH COMMISSION: Jonathan Weinand, Robbie Miller, Travis Jacobsmeier, Josh Scheir, Andrea Hoffman, Michelle Wegmann, Matt Dreckmeier, Adam Swanner, Andrew Hendrix, Heidi Koss, Rebecca Manes, Amy Oleson, Travis Eastin, Andy Taylor, Trina Conover, and Molly Rumsey