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. 30
March 17, 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 asked for a
moment of silence in memory of Pastor Jesse Twillie.
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: Council Member Scott requested the removal of the Resolution approving purchase of two pure bred German Shepherd dogs, related equipment, and training for the Police Department K-9 Unit from the consent agenda to the regular agenda for discussion at the close of the meeting.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Acknowledging the Witte Foundation for their Contribution for the Great River Bridge
Run/Walk
DISCUSSION: Susan Brown, President of Firstar Bank, presented an honorary check in the amount of $10,000.00 to the City Council to help underwrite the cost of the Great River Bridge Run/Walk. Mark Miller, Youth Coordinator thanked Susan Brown, Firstar Bank, and the Witte Foundation for their willing support. He stated that Dennis Phillips was not able to be present at the Council meeting, but he wanted to also thank the foundation. He stated that the Run/Walk would be held on May 17, 1997 at 8 a.m.. He also thanked the Village of Gulfport for their willingness of the event. He stated that brochures may be picked up at the City Clerk's Office, the Parks Department, Firstar Bank, the YM/YWCA, ADDS, and Young House. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
HEARING:
1. Statement: Consideration of Voluntary Annexation Request from F.H.S. Holding to annex
their 20.94 Acre Property Located at the Southwest Corner of West Avenue and Highway 61
COMMENTS: The Development Director stated that the City received a request from F.H.S.
Holding to voluntary annex their 20.94 acre property located at the southwest corner of West
Avenue and Highway 61 into the City of Burlington. He stated that the City Development Board
in Des Moines would need to approve the annexation. He stated that the church was not included
in the voluntary annexation. Mayor Sandell stated that the proposed property was prime
development. The Development Director stated that the first step of the annexation was to look
at the cost and benefits associated with the development. He stated that the pending sale of the
Sterling House, the commercial corner, and the developer's commitment to pay for the cost of
the utility extensions was clearly a win for the City financially. He stated that the City would not
be incurring any costs associated with the servicing of the property. He stated that the developer
will be paying for the development, utility extensions to service the individuals developments.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
Resolution to Approve Voluntary Annexation Request from F.H.S. Holding to annex their
20.94 Acre Property Located at the Southwest Corner of West Avenue and Highway 61
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Approving Preliminary Plat for the West Avenue Business Park with Conditions
DISCUSSION: The Development Director stated the proposed Resolution approves the preliminary plat for the West Avenue Business Park with conditions. He stated that it was the same 20.94 acre piece of property that was being voluntary annexed into the City of Burlington. He stated that the property was divided into 10 lots. He stated that there was interest in the development of a Sterling House, a convenience store, future expansion of the church, and future potential interest. He stated that included with the preliminary plat was the acquiring of the necessary 40 feet of future Mason Road extension right-of-way associated with the developer's property. He stated that the adjoining property owners at the church, and property owner, Mr. Pierson, to the south have agreed to include the 40 foot of right-of-way in the preliminary plat. He stated that, however, they would reserve the final dedication of that additional right-of-way until the approval of the final plat to see if the financing agreement for the paving costs associated with Mason Road is worked out. He stated that the 11 conditions were as follows: the petitioner shall bond for and reconstruct the proposed realigned frontage road to the north of West Avenue at the same time they construct the intersection for the proposed Wellshire Drive entrance onto West Avenue; all public streets shall be constructed to City Standards (including curb and gutter and street lights) and approved and accepted by City Engineering, or bonded for, prior to the recordation of the Final Plat; if the third public street, shown as part of Phase 2, is constructed, it shall include an adequate turn-around per City Code; the petitioner shall work with any relevant utility companies to ensure that all necessary public utility easements are obtained and that adequate services are provided for each lot; the petitioner shall deed Lot B to the City for no fee for the future extension of Mason Road; the development of Lots 7 and 8 shall be restricted until such time that Mason Road from Highway 61 to Howard Street is constructed; the developer shall apply for a rezoning of the subdivision from single family to commercial/multi-family; the developer of each lot shall construct a storm water management system as certified by a professional engineer and approved by the City Engineering Department for consistency with all applicable City and State Codes prior to the issuance of any building permits, said storm water management system for each lot shall not impede the developability of any other lots in the subdivision or any properties adjacent to the subdivision; the petitioner, or the owners of each lot, if sold, shall incorporate into all construction contracts that measures to prevent the tracking of soil and mud onto public streets during all phases of the construction of the development be taken, and the petitioner, or the owners of each lot, shall clean any soil or mud that may be tracked onto said public streets; the developer of each site shall submit a site plan, building plans and elevations, landscaping plans, and sign applications to the City staff for review and approval prior to the issuance of any building permits and sign permits; and, each lot development must receive an Occupancy Permit from City Building Inspection prior to occupying any buildings, and these Occupancy Permits will not be issued until all relevant and required building and site work for each lot is completed and approved or adequately secured by bond. Ray Watson, owner of lots 3414 and 3415 West Avenue questioned if the sewer runs behind his home, if he would be assessed to hook onto it. The Development Director stated that the sewer line would run behind Mr. Watson property. He stated hat the developer would bear the cost of the sewer project. He stated that Mr. Watson would be asked to pay a hook-up fee should he decide to hook onto the sewer. Nancy Franklin, of Lot 4 of Lower Augusta Road, stated that Lower Augusta Road was a gravel road with a dust problem. She stated her concern that the additional traffic would cause more dust. The Development Director stated that the Plan Commission felt that since Augusta Road would be eliminated over time, it would not be wise to force the developer to incur substantial cost in paving the road. He stated that this was the first time the issue of dust came up. He stated that the developer cannot be expected to correct an existing problem, but felt it was fair to ask the developer to be responsible for some level of assurance that any additional problem created from their development they would take care of. He stated that he would discuss the issue with the developer prior to the final plat approval. Steven Freese, representing FHS Holding stated that he anticipated construction traffic could be eliminated on Augusta Road if they barricade the street off until such time as the construction of the road was finished. He stated that traffic counts should be taken on Augusta Road. He stated that he anticipated that most of the traffic would be staying off of the gravel. He further thanked the Development Director, Chris Shires of the Development Department, the Public Works Director, and the City Engineering staff for their work on the project. Council Member Henry stated that he has concerns regarding moving the frontage road entrance on the north side of West Avenue. He questioned if Burlington Bank has given any indication of their reaction of the move of the frontage road. The Development Director stated that it has been his understanding that the bank has been consulted on the issue. The Public Works Director stated that the new access onto the frontage road would be close to the curb, but it would not be a straight shot out to West Avenue from the exit of the drive-in bank. Mayor Sandell questioned if it would be a traffic hazard from the bank's standpoint. The Public Works Director stated that they took a good look at the traffic engineering standards and are satisfied that it is a safe access from the bank access onto the relocated frontage road. The Development Director stated that he would contact the bank before the final plat approval. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
HEARINGS:
1. Statement: Consideration of Encroachment Agreement for Budget Lighting, Inc. to Install a
Moveable Dock in the Center of the Alley Located Between North 4th and North 5th Street
and Valley and Market Street
COMMENTS: The Development Director stated that Budget Lighting has requested an
encroachment to install a moveable dock in the center of the alley located between North 4th and
North 5th Street and Valley and Market Street. He stated that a big issue has been maintaining
safe emergency access for the fire trucks leaving the fire station. He stated that Budget Lighting
has agreed to placing an individual to back each semi trailer into the alley to the loading dock.
He stated that one of the adjacent property owners has a concern and was formally rejecting to
the request. He stated that he has a meeting set up next week to discuss the concern. He stated
that the hearing should be continued for two weeks to see if the issue could be resolved. He
stated that staff's recommendation for the encroachment was based on all neighbors in agreement
with the encroachment. Council Member Heland made a motion that the hearing regarding
consideration of an encroachment agreement with Budget Lighting for the southern two-thirds of
the alley located between Fourth and Fifth Streets and Valley and Market Streets to allow
docking and the erection of a moveable dock in the center of said alley be tabled. Council
Member Scott seconded the motion. After roll call vote the motion was unanimously approved.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Table
(VOTE: 5 - "AYES") CARRIED
2. Statement: Consideration of Plans and Specifications for the 1997 Parking Lot Repairs,
Division I & II
COMMENTS: The City Manager stated that funding for the 1997 Parking Lot Repairs, Division
I & II would be funded out of a fund balance from the parking fund. The Public Works Director
stated that the project would include repairs to the garage at Washington and 3rd and to the
parking lot at Main and Valley. He stated that the most critical repairs were to the Washington
and 3rd Street parking lot. He stated that there was concrete deteriorating to the point where the
cables are exposed. He stated that the City runs the risk of losing the integrity of the parking
deck. He stated that the estimated cost of the improvements would be approximately $56,000.00.
He stated that the parking lot at Main and Valley there were drainage problems and some
concrete needs to be replaced. He stated that the estimated cost was $75,000.00. Mayor Sandell
questioned if the repairs to the deck would lower or increase the improvements made to the
parking deck. The Public Works Director stated that it would be a separate project and would
need to be done regardless. Council Member Henry stated that the repairs to the Washington and
3rd Street parking lot was urgently needed. Council Member Heland stated that he would have
liked the plans and specifications on view for the Council and public to view. The City Manager
stated that the plans and specifications were on file in the office of the City Clerk. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 1997 Parking Lot Repairs, Division I
& II
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Plans and Specifications for the 1997 Gnahn/Osborn Sewer
Separation Project
COMMENTS: The Public Works Director stated that the 1997 Gnahn/Osborn Sewer Separation
Project consists of storm sewer, sanitary sewer separation project as well as a project to eliminate
a combined sewer overflow structure. He stated that essentially the City was separating the
storm sewer from the sanitary sewer. He stated that the project involves the construction of a
new storm sewer starting at the drainage way south of the dead end of Highland. He stated that a
new storm sewer would be built along the west traveled lane of Highland up to Birdie and then
coming back to the west going north on Osborn to Pearl. He stated that the estimated cost of the
work was $360,000.00. He stated that a large portion of the cost of the project was replacing
pavement to construct the storm sewer. Council Member Heland stated that neighborhood
meetings would be necessary to inform residents of the construction. Council Member Henry
stated that the $360,000.00 was a portion of the approximate $1,700,000.00 capital
improvements budget. The City Manager stated that the City would need to sell bonds to finance
the project. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 1997 Gnahn/Osborn Sewer
Separation Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of Plans and Specifications for the 1997 CDBG Sanitary Sewer
Improvements
COMMENTS: The Public Works Director stated that the 1997 CDBG Sanitary Sewer
Improvements consist of three phases. He stated that the first phase would be the sanitary sewer
replacement and/or repair. He stated that the six locations are within the alleys. He stated that
the based bid would include the replacement of the sanitary sewer and then replacement of the
alley. He stated that the alternate bid would include a cured in place pipe. He stated that the six
sewers have serious deterioration of the sanitary sewer. He stated that phase I was estimated at
approximately $539,000.00. He stated that phase II was another separation project, and and was
estimated at approximately $523,000.00. He stated that the work would consist of construction
of a new storm sewer through the Gunnison Gap. He stated that there would be new pavement
specifically at the intersections at Market, Garfield, Gunnison, Marshall, Valley at Garfield, then
Smith at Garfield, and Gunnison. He stated that no more than three of the intersections can be
closed at one time. He stated that phase III was repair and cleaning of the two major trunk lines.
He stated that the estimated cost of the project was $308,000.00. The City Manager stated that
the City would be receiving $800,000.00 from CDBG and the remainder will be bonds that the
City will be paying back with sewer revenues. She stated that the City would be contributing
over $700,000.00 for the project. Mayor Sandell stated that phase I deals with deteriorating
sewers and phase 2 deals with the separation of the storm and sanitary sewers. Council Member
Thomas questioned when the construction would commence. The Public Works Director stated
that the Council would award the project at its April 21, 1997 City Council meeting and then
construction would start soon afterward. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 1997 CDBG Sanitary Sewer
Improvements
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
PETITION:
1. Motion to Receive and File Petitions and Letters from Citizens opposed to the Changes in
Parking Fees
DISCUSSION: Ed Hart of 9031 Koestner Street stated that he was opposed to changing the parking fees and the three hour time limit to a two hour time limit. Council Member Henry stated that when Council discusses the parking he wanted the public to know where he was coming from. He stated that he considers Downtown Partners, Inc. to be a steering committee for the downtown interests. He stated that a majority of the board members of Downtown Partners were downtown property owners. He stated that he would be listening very carefully to what Downtown Partners has to say as to what is beneficial to their neighborhood. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
ORDINANCE:
1. Motion for Final Adoption of An Ordinance Amending the Urban Revitalization (Tax
Abatement Policy)
DISCUSSION: The City Manager stated that the only change to the Ordinance Amending the Urban Revitalization (Tax Abatement Policy) was made at the last Council meeting when the Council amended the applicability of the plan to provide that the construction of any new or the rehabilitation/renovation of any existing owner-occupied, single-family residential dwelling with a value of not more than $85,000.00. She stated that the City has met with individuals and companies for future developments and they are in agreement with the Ordinance and are anxiously awaiting approval of the Ordinance. Council Member Henry stated that the Ordinance would apply to a number of possible developers. 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 Salary Adjustment for City Manager
DISCUSSION: Mayor Sandell stated that the City Manager's base salary would be raised 2 1/2% to $65,911.00. He stated that presently the City Manager does not receive an automobile allowance. He stated that the City Manager attends many meetings and will receive a $50 per month automobile allowance effective July 1, 1997. He stated that the City Manager would also be receiving a $2,000.00 bonus on December 31, 1997. He stated that the reason for the bonus was due to the Council being pleased with the financial well being of the community, and the Council wanted to give the City Manager a small token of appreciation. He further stated that the community thanks the City Manager for her work. The City Manager thanked the Council. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Awarding Purchase for Two Pure Bred German Shepherd Dogs, Related
Equipment, and Training for the Police Department K-9 Unit
DISCUSSION: Council Member Scott stated that the reason that he removed the Resolution Awarding Purchase of Two Pure Bred German Shepherd Dogs, Related Equipment, and Training for the Police Department K-9 Unit for discussion was due to an article in the Hawk Eye. He stated that the article was well written by Mike Wilson, by the headline stating that the "Costliest K-9s Chief's Choice." He stated that the Police Chief and himself were infuriated by the article, because it makes the community think that the Police Chief is a spend thrift. He stated that the other bids provided that training take place out-of-town, and in some cases for 13 weeks. He stated that the cost of sending officers out-of-town for 13 weeks would be expensive. He stated that the dogs will be purchased in Holland and sent to Burlington for training. He stated that the award of the bid would by far not end up being the most expensive bid. He stated that the Police Chief got the best deal and he commended the Police Chief for his selection. Council Member Henry stated that the lowest bid was $4,000.00. He stated that the bid included 13 weeks of training for two officers out-of-town, which would be quite expensive for the City. He further questioned the quality and service the City would be receiving since the bid was so low. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
COMMENTS FROM AUDIENCE: John R. Sandell of 2803 West Avenue urged the Council to
have an elected City official at the BMC hearing. He further stated his concern that the hospital
could end up being another Hotel Burlington, if the property is not taken care of. The City
Manager stated that the City has notified the Health Facility Planning Council of the City's
strong support for a facility that was brought before Council's attention regarding an out patient
ambulatory clinic, to be located within the City's jurisdiction. She stated that the City has elected
to not be on record other than not to object, which was the direction given by the City Council.
She stated that the City has been very pro-active with positive support of a particular application,
which will be heard on the same agenda as the Burlington Medical Center's decision. Mayor
Sandell stated that the hospital cannot let the building go to ruins. He stated that the City can file
a nuisance and abate the property. He further stated that the City has gone on record with a
written letter to the health board that the City was opposed to the move. Council Member
Heland stated that it would be entirely appropriate for Council to be at the hearing to express the
City's concern for redevelopment. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Adjournment 9:32 p.m. APPROVED: April 7, 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 Release of Final Payment to Elliot Equipment Company for the Purchase
of Three Refuse Collection Vehicles
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Collective Bargaining Agreement with American Federation of State, County, and Municipal Employees (AFSCME), Local 828
2. Resolution Establishing Mileage Reimbursement Rate for City Employees
SET DATE FOR PUBLIC HEARINGS: April 7, 1997
1. Consideration of Plans and Specifications for the 1997 Memorial Auditorium Arena Level Ladies Restroom Remodeling
2. Consideration of Plans and Specifications for the Saunderson Park Recreation Area, Basketball Court