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. 32
April 21, 1997
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Sandell, Council
Members Heland, Henry, Scott and Thomas, present.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: Earth Day 1997 - Lee Goddard
Arbor Day - Dave Asche
Day of Prayer - Dr. Frank Beaty, Pastor
PRESENTATION: Brothers and Sisters Everywhere (BASE) - Sheila Payne
DISCUSSION: Sheila Payne of BASE stated that BASE and the Burlington Police Department
sponsored a fashion show on April 6, 1997 to raise funds for a youth community center. Debbie
Mitchell presented a check in the amount of $525.00 to the City on behalf of BASE and the
Burlington Police Department to the City toward a youth community center. Council Member
Thomas stated that he would like to see all children as happy as the child was that won the bike
at the fashion show. He urged people to get to know a cop and their family. Mayor Sandell and
the City Council thanked BASE for their commitment to the City. All present had opportunity to
speak and nothing additional was filed in the office of the City Clerk.
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: Doug Beaird, Patrol Officer for the Burlington Police Department, requested that the Resolution Extending the Leave of Absence for Sheriff Joel Behne be removed from the consent agenda for discussion at the end 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 the Burlington City Code by
Establishing Title 2, Chapter 20 Residential Street Improvements
COMMENTS: The City Manager stated that the Residential Street Improvement Program would
be funded from both road use tax and sales tax monies. She stated that under Section 2-20-7 of
the proposed Ordinance it states that at its discretion the City Council may annually appropriate
funds to be expended to meet the City's cost share street improvement projects adopted under the
chapter. She stated that funds must be available and uncommitted before any such project is
actually bid and constructed by the City. She stated that it was important that the City put the
clause in the Ordinance so that community understands that even though it is a local law, if
passed, it would have to be funded through an actual appropriation annually during the budget
process. She further stated that the City Council had directed staff approximately a year ago to
begin studying a policy that would allow the City to move from sealcoated streets or streets that
did not have a permanent surface to a policy that would allow for a permanent street. The Public
Works Director reviewed the proposed Ordinance to the Council and viewing audience. He
stated that the purpose of the Ordinance was to provide an alternative assessment procedure to
Section 1-20-6 which further provides for a cost sharing arrangement between the City and
benefitted private property owners who wish to upgrade an existing sealcoated street to a
permanent condition. He stated that the term residential street shall mean a street or alley which
primarily functions to provide direct access and benefit to adjacent properties and on which
vehicular traffic travels slowly and in low volumes and as designated on the Major Streets plan
Map. He stated that the term permanent improvement level shall mean a street which has been
improved to a portland cement concrete (PCC) street or a street improved by the installation of a
30 inch curb and gutter system and 8 inches of asphaltic cement concrete (ACC) or as otherwise
defined by the Director of Public Works. He stated that the standard width of the improved
residential street shall be 27 feet. He stated that in the event that the standard width is not
feasible, the width may be reduced to a minimum of 19 feet and parking restricted. He stated that
the City shall not be responsible for the installation, repair, or replacement of sidewalks adjacent
to the improved street or the addition of parking areas within the public right-of-way. He stated
that he would assist property owners adjacent to the street improvement during the bidding
process related to the improvement project in the event any property owner wishes to install a
new sidewalk or replace an existing one. He stated that for any street improvement constructed
pursuant to the Ordinance, the City will pay the full cost of any storm/or sanitary sewer
improvements as may be necessary. He stated that concrete work for curb and gutter
improvements will be constructed by the City based on bids accepted from the private sector. He
stated that labor cost for installing ACC material will be borne by the City. He stated that the
cost of the concrete work, as contracted, the ACC material, and other project costs as may be
necessary will be cost shared by the City and the affected property owners by means of the City
paying 75% of the cost of the street improvement project and the affected property owners paying
25% of the street improvement project. He stated that in the event there is no access to a
property owner's residence from an existing improved street within the City and an alley is the
sole means of public access to the residence, the alley may be improved as provided in the
Ordinance in the same manner as a street improvement. He stated that at their discretion, the
City Council many annually appropriate funds to be expended to meet the City's cost share of
street improvement projects adopted under this Chapter. Funds must be available and
uncommitted before any such project is actually bid and constructed by the City. He stated that
for each proposed project, 1 point shall be assigned for each 1% of property fronting on the
proposed street improvement project owned by a landowner who consents in writing to the
proposed project. He stated that a minimum of 51 points is required for any project to be
considered under the Ordinance. He stated that additional points will be added based on
maintenance costs incurred by the City in regard to the existing street. He stated that the Public
Works Director would assign 25 points to high maintenance streets, 15 points to medium
maintenance streets, and 5 points to low maintenance streets. He stated that if the proposed street
improvement project is within an area designed a targeted neighborhood planning area as
determined by the City Council, the project will be assigned an additional 5 points. He further
stated that streets having an existing curb and gutter on both sides of the street within the
proposed project area will be assigned an additional 10 points, and on one side of the street will
be assigned an additional 5 points. Elliott Anderson of 119 South Adams stated that he was
opposed to the proposed Ordinance. He stated that the City's emphasis was on the riverfront.
He stated that Burlington has become a ghetto with pockets of prosperity. He stated his concern
that sidewalks, alleys, and streets have become the expense of the property owner. He urged the
Council to look at Adams Street from Smith to Division that was recently sealcoated. He stated
that it was a band-aid approach. He stated that the property owners on Adams Street deserve no
less than the property owners of Pheasant Run Subdivision. He further stated shame on the
Council if they vote in favor of the proposed Ordinance. Mayor Sandell stated that the proposed
Ordinance provides for the moving of streets from sealcoating to a more permanent street. The
City Manager stated that the City can contact the County Assessor's office to find out what the
increased tax bill will be as a result of the permanent improvements and then the City can
determine as a result of the additional liability on the property owner how much the City would
be able to stand in terms of a capital project. Council Member Heland stated that Ordinance No.
2741 was a tool for the City to assess property owners who either wanted to or did not want to
upgrade their street. He stated that the proposed Ordinance was voluntary. The City Manager
stated that she was aware of two neighborhoods that want to have their street upgraded. Council
Member Henry stated to Mr. Elliott that the intent of the proposed Ordinance was opposite of
what he was fearing. Paul Niemann of 1212 Patterson questioned why the City can't plow the
alley as they use it for access. Mayor Sandell stated that the proposed Ordinance does not deal
with snow plowing. He suggested that Mr. Niemann contact the Street Department or the Public
Works Director. Council Member Heland stated that he would like to see the Ordinance
amended to reflect that it is voluntary. Council Member Thomas stated that he understood Mr.
Anderson's frustration. He stated that he avoids driving on Maple Street due to the sealcoating.
Patricia Anderson of 119 South Adams stated her concern for the sealcoating of the Adams Street
from Smith to Division. She stated that when the Street Department put the pea gravel on the
street, she thought they would be coming back to put some type of black top over it. She stated
that it was not conducive to the improvement, the enhancement, and the maintenance of the
neighborhood. Council Member Henry made a motion to Amend 2-20-1 Purpose and 2-20-2
Definitions (B) Permanent Improvement Level of the Ordinance Amending the Burlington City
Code by Establishing Title 2, Chapter 20, Residential Street Improvements. The amendment
would provide that the cost sharing arrangement between the City and benefitted property owners
who wish to voluntarily upgrade at least one block of an existing sealcoated street to a permanent
condition; and would provide that the term "permanent improvement level" shall mean a street
which has been improved to a portland cement concrete (PCC) street or a street improved by the
installation of a 30 inch curb and gutter system and 8 inches of asphaltic cement concrete (ACC)
or as otherwise defined by other Council action. Council Member Heland seconded the motion.
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 An Ordinance Amending the Burlington City Code
by Establishing Title 2, Chapter 20 Residential Street Improvements (2nd Reading)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
Motion to Amend 2-20-1 Purpose and 2-20-2 Definitions (B) Permanent Improvement Level of
the Ordinance Amending the Burlington City Code by Establishing Title 2, Chapter 20,
Residential Street Improvements
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Statement: Consideration of An Ordinance to Delete in Its Entirety Section 8.20.020 A.
and to Establish a New Section 8.20.020 A. in Chapter 8.20 (Fire Prevention Code) in the
Burlington Municipal Code
COMMENTS: The City Manager stated that the City was trying to remove all fees from the City
Code and adopt fees by Resolution. The Fire Chief stated that the Ordinance provided for the
removal of the fees from the Fire Prevention Code of the Burlington Municipal Code. He stated
that the City Council would be approving the fees by Resolution at its May 5, 1997 City Council
Meeting. 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 An Ordinance to Delete in Its Entirety Section
8.20.020 A. and to Establish a New Section 8.20.020 A. in Chapter 8.20 (Fire Prevention
Code) in the Burlington Municipal Code (2nd Reading)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of Filing of An Amended Application to Iowa Department of
Transportation for Federal and State Operating Assistance for BUS
COMMENTS: The City Manager stated that the City Council had previously held a public
hearing regarding the filing of an application to the Iowa Department of Transportation for
federal and state operating assistance for Burlington Urban Service. She stated that there was an
oversight which omitted $2,000.00 grant for handicap accessibility equipment. She stated that
the proposed Resolution provides for an amended application to the Iowa Department of
Transportation. Mayor Sandell stated that the handicap accessibility of the bus was very much
appreciated. All present had opportunity to speak and nothing additional was filed in the office
of the City Clerk.
Motion to Close CARRIED
Resolution Approving Filing of An Amended Application to Iowa Department of
Transportation for Federal and State Operating Assistance for BUS
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTIONS:
1. Resolution Approving Debt Policy for the City of Burlington
DISCUSSION: The Finance Director stated that the GFOA recommends that cities approve a debt policy. He stated that the debt policy provides the issuance of debt as an integral financing component of the capital improvement process and that a debt policy ensures maintenance of a sound debt position and protection of the City's credit. He stated that fifty percent of all debt outstanding shall be retired within ten years. He stated that nothing in the policy shall be construed as being in conflict with the provisions of the State Code of Iowa, nor shall this policy prevent the City Council from exercising the legal debt limit as established by State Statutes, if the majority of the City Council feels that it is in the best interest of the City. He stated that the Iowa Constitution provides that a community cannot incur general obligation debt that equals 5% of the total assessed valuation for the community. He stated that the figure for Burlington was currently approximately $34,000,000.00. He stated that the other debt limit was the amount the community can afford to incur in debt. He stated that the factors looked at in the proposed debt policy were as follows: a limit based on debt per capita compared to similar sized communities in Iowa, comparing the debt in terms of a percent of the total budget that is going to debt service, and the terms of the debt to assessed valuation. He stated that by using an average of those factors he came up with a limit which was a little over $13,000,000.00. Council Member Henry stated that it was a wise move to approve a debt policy for the City of Burlington. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Calling for a Special Election for Imposition of A Local Option Sales Tax in
the Amount of One Percent (1%) To Be Effective October 1, 1997 through December 31,
2002 and specify the Purpose to Which the Revenue Should be Applied
DISCUSSION: Mayor Sandell stated that the proposed Resolution provides for the calling of a special election on July 8, 1997 for the imposition of a local option sales tax in the amount of one percent. The City Manager stated that during the capital planning process it became important to identify sources of revenue for the five year capital improvements program, which extends to the year 2002. She stated that the Council considered extending the local option sales tax beyond the year 1999, which was currently set to expire and move it to the year 2002 to coincide with the City's five year planning process. She stated that the local option sales tax would provide the mechanism to fund the projects in the City's CIP. She stated that in the same time period the City was notified it received a Cops grant from the federal government to hire two additional officers. She stated that the Police Chief had concerns as to what will happened if the City does not find another source of revenue once the grant monies run out to fund the full cost of the officers. She stated that the proposed Resolution provides for the extension of the local option sales tax and would call for 50% reduction of property tax relief and would pay for the hiring and equipping of up to eight additional police officers. She stated that to clear up any confusion the first referendum dealt with six additional police officers. She stated that what the City was trying to do was to keep the funding in place for the six officers the City currently has hired, and give the City Council and staff in the future the flexibility of using local sales tax monies to fully fund two additional officers if needed. Mayor Sandell stated that by no means if the referendum would pass the City would be expanding the staffing level of the police department. Council Member Henry stated that there were elected individuals from other communities in Iowa that are envious of the fact the City of Burlington has a five year capital improvement program. He stated that he assumes the Council would come within two years of the five year plan that the local option sales tax would be brought back to the voters again so that the project in the last two years would have some stability. Mayor Sandell questioned at what point do you no longer have the sunset. He stated that he cautions whoever serves on the Council in the future to always include the fourth quarter in the extension, which was critical in retail sales. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Extending the Leave of Absence for Sheriff Joel Behne
DISCUSSION: Police Officer Doug Beaird stated that he has been employed by the City of Burlington since January 1, 1988. He stated that he has been approached by several officers concerned that the City Council was extending the leave of absence for Sheriff Joel Behne. He stated that their concerns include the following within department seniority: shift preference, and vacation rights. He questioned when an elected position becomes a career. He stated that the legislators for the State of Iowa have agreed that a leave of absence should be for six years. He stated that the City was more than generous to grant an eight year extension. He stated that if Council would continue to grant extensions they were setting a precedence City wide. Mayor Sandell stated that the Resolution which extends the leave of absence for Sheriff Joel Behne was Council driven. Council Member Heland stated that people have the right to serve without losing their job. He stated that the right to serve in public office should not be infringed upon. He stated that many people are impeded by their employers to serve in public office. He stated that he considered that an injustice. Mayor Sandell stated that Iowa Code provides for an initial six year leave of absence. He stated that it has not been the past practice of the voters of Des Moines County to make the Sheriff's position a life-time career. He stated that he shares the view of Council Member Heland that people have the right to run for office and the right to serve. Council Member Scott stated that his first concern was that the Resolution was person specific. He stated that there was probably some wisdom from the State Legislators who provided a six year leave of absence. He stated that approval of the Resolution ultimately gives a person a career and after leaving that career can come back to their old position with the City and qualify for two retirements and put another person out of work. Mayor Sandell stated that an example in Des Moines County was Representative Cohoon. He stated that Representative Cohoon has received numerous extensions. He stated that there was some precedent from the standpoint of the school board having done this with the public employees. He stated that he understood the concerns of Council Member Scott and Police Officer Beaird. He stated that it would be unlikely that bumping would take place at the Police Department as there has not been full strength at the Police Department for some time. Council Member Henry stated that he was hearing that maybe the Council needs to rethink this as an overall policy for the City of Burlington rather than for one individual. He stated that he was willing to talk about it at some later point. He stated that the Iowa Code guarantees an individual a right to come back up to six years, but it also gives the City government the right to the flexibility to extend the leave of absence. He stated that Sheriff Behne was very instrumental in making the union what it is today. He further stated that Sheriff Behne was qualified and was proficient in his field. He stated that he would not be uncomfortable with Sheriff Behne coming back into the Police Department workforce. He stated that this was an exceptional case that merits approval of the Resolution. Council Member Scott stated that he would not have a problem having Sheriff Behne as a police officer. He stated that what concerns him was being job and person specific. He stated that Council needs to look at an overall policy and possibly put some limitations in the policy. Council Member Heland stated that Council Member Scott raises a good point, but didn't feel it was precedence setting. Council Member Henry stated that he also didn't feel it was precedence setting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HENRY, SANDELL, THOMAS, HELAND
1 - "NAY" SCOTT) ADOPTED
COMMENTS FROM AUDIENCE: Todd Walker of Le Sylvia Street stated that the City was
setting a precedence in regard to the approval of the Resolution extending the leave of absence
for Sheriff Joel Behne. He stated that he agreed that City employees should be able to serve in
public office without any fear of losing their job, but felt there needed to be limits set. All
present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
ADJOURNMENT Approved: May 5, 1997
Kathleen P. Salisbury John K. Sandell
City Clerk, CMC Mayor
(See tapes on file in the office of the City Clerk for complete discussion and documentation.)
ITEM I.
Consent Agenda
FINANCES AND MISCELLANEOUS
Minutes of Previous Meetings
Payroll and City Claims
Resolution Approving Final Acceptance, Final Payment, and Release of Retention Monies for
the 1997 Hotel Burlington Stabilization & Repair Work
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving the Residential Anti-Displacement and Relocation Assistance Plan
Under Section 104 (d) of the Housing and Community Development Act of 1974, as
Amended
2. Resolution Awarding Contract for the 1997 Parking Lot Improvements Division I & II
3. Resolution Awarding Contract for the 1997 Gnahn/Osborn Sewer Separation Project
4. Resolution Awarding Contract for the 1997 CDBG Sanitary Sewer Improvements, Phase
I
5. Resolution Awarding Contract for the 1997 CDBG Sanitary Sewer Improvements, Phase
II
6. Resolution Awarding Contract for the 1997 CDBG Sanitary Sewer Improvements, Phase
III
7. Resolution Approving Urban Renewal Area Development Agreement with the City of
West Burlington for Cost Sharing for the Agency Road and West Burlington Avenue
Intersection Improvements
8. Resolution Approving A Development Agreement Between the City of Burlington and
LaLa Helen Diewold, Trustee for the Acquisition of Right-of-Way for the Extension of
Mason Road
9. Resolution Approving Purchase of Four Snow Plow Blades for the Transportation
Department, Streets Division
PETITION:
1. Motion to Receive and File Petition from residents whose properties border the alley between Greenbrier Drive and the 2000 block of Summer Street requesting drainage be provided for the alley located north almost one block from Greenbrier Drive, just ½ block west of Summer Street
SET DATE FOR PUBLIC HEARINGS: May 5, 1997
1. Consideration of the Concept for the 1997 Division Street Paving Extension - West
Burlington Avenue to Broadway Street
APPOINTMENTS:
Parks Advisory Committee: David Lloyd
City Planning Commission: Mace Hensen