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. 33

May 5, 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:

- National Association of Letter Carriers, and Local #222 Day (Food Collection), Max Lawson, Ray Harris, and Kathleen Hemmesch

- Burlington School Board Recognition Day - Tom Courtney

- Always Buckle Children in the Backseat (ABC) - Cindy Stewart

PRESENTATION:

Engineering Excellence Award for Design of West Burlington Avenue Bridge over the Burlington Northern Railroad - Bob Carhoff

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 Henry requested the removal of the Resolution Approving Purchase of Replacement Computer for Flint Hills Golf Course for discussion at the close of the meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 "AYES") CARRIED

HEARINGS:

1. Statement: Consideration of the Concept for the 1997 Division Street Paving Extension - West Burlington Avenue to Broadway Street

COMMENTS: The Public Works Director stated that the 1997 Division Street Paving Extension - West Burlington Avenue to Broadway Street consisted of the construction of a sanitary sewer, storm sewer, and paving. He stated that estimated cost of the project was $1,850,000.00. He stated that the project would be funded by tax increment financing. He stated that the hearing on the plans and specifications would be held May 19, 1997. Council Member Henry questioned if West Burlington would be participating in the project. The Public Works Director stated that West Burlington had already paved their half of the intersection. Mayor Sandell and Council Member Heland stated that the street would avoid being torn up as the utilities were not located in the street. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

2. Statement: Consideration of Plans and Specifications for the 1997 Police Department Air Conditioning Project, Phase I

COMMENTS: The City Manager stated that when the City started renovating the new Police Station the City was told that the useful life of the air conditioning/heating system was four to six years. She stated that the City was at the point where the air conditioning/heating system needs replaced. The Public Works Director stated that the cooling tower will sit outside of the building on the north side of the building, just west of the alley. He stated that it would be a two phase project. He stated that the first phase was the air conditioning system that was needed for this summer. He stated that the cost of the first phase was $90,000.00. He stated that the bids would be opened May 21, 1997. He stated that the total project cost including phase II was $480,000.00, which would include the complete replacement of the cooling and heating system of the Police Department. Mayor Sandell questioned why the cooling system would not be installed on top of the roof. The Public Works Director stated that the original plan was to place the cooling system on top of the roof, but Ament Engineering felt that the roof was not designed to hold the weight of the cooling tower. He stated that the cooling tower will sit on a small stand two feet off of the ground. Council Member Thomas questioned if there would be any safety problems with the tower being located over a sidewalk. The Public Works Director stated that there could be some type of lighting placed near the tower so that pedestrians would not run into the tower. 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 Police Department Air Conditioning Project, Phase I

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

ORDINANCES:

1. Motion for Final Adoption of An Ordinance Amending the Burlington City Code by Establishing Title 2, Chapter 20 Residential Street Improvements

DISCUSSION: The City Manager stated that the changes voted upon at the last Council meeting have been incorporated into the proposed Ordinance. She stated that at the 6 p.m. meeting a question came up regarding what was a permanent street. She stated that under the proposed Ordinance a permanent street 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. Delores Titus 1525 South 8th Street stated that the alley in the 1500 block of Madison and the 1500 block of South 8th Street needed improvements. She stated that she had received a bid from a local contractor in the amount of $4,815.02. She was wondering if the City would help pay part of the cost. Tom Stevens of 1506 Madison stated that eight of the fourteen garages were located off of the alley. He stated that he would be willing to be assessed for the improvements so that the payments could be spread out over a number of years. Mayor Sandell stated that voluntary assessment would be the best route. He suggested that Mr. Stevens contact the City Manager or the Public Works Director in regard to a voluntary assessment. Council Member Scott stated that he felt it was appropriate for the City to repair the alley with an asphalt cap and have the City crew do the repairs and then assess the property owners. The Public Works Director stated that there were many alleys in Burlington that have deteriorated. He stated his concern for scheduling and paying for City crews to do the work. Council Member Henry stated that a crucial concern was fire safety access. Council Member Heland stated that the situation was not unique, but their need was immediate. He also stated that public safety access was crucial. Council Member Scott stated that the proposed Ordinance was a big step in getting sealcoated streets upgraded. He stated that he was aware of one neighborhood that was excited about the proposed Ordinance. Council Member Heland stated that sidewalks were in the Ordinance because the City Council felt there was a need to encourage replacement of sidewalks in conjunction with the street projects. He stated that the proposed Ordinance was to encourage the empowerment of the homeowner rather than regulate the homeowner. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

2. Motion for Final 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

DISCUSSION: The City Manager stated that the proposed Ordinance removes the fees from the Fire Prevention Code of the Burlington Municipal Code. She stated that the following Council action was approving the fees by Resolution. Mayor Sandell stated that the approval of the fees by resolution saves the City monies in codification and publication cost. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

RESOLUTIONS:

1. Resolution Establishing Fire Prevention Permit Fees

DISCUSSION: The Fire Chief stated that the fire prevention permit fees included a slight decrease in some fees, and a slight increase other fees. He stated that the proposed fee structure puts Burlington more in line with other cities in Iowa. He stated that presently the City receives $7,500 to $8,000 a year in fees. He stated that the increase would provide $8,500 to $10,000 a year in fees. He stated that the last increase in fire prevention permit fees was in the early 1980's. Council Member Thomas questioned where the monies collected for the fees go. The Fire Chief stated that the monies were deposited into the general fund. Council Member Heland questioned what the different fire prevention permit fees were. The Fire Chief stated that the fees were for the following: open burning, spraying or dipping operations, storage and handling of compressed gases, explosives and blasting agents, fireworks for actual firing, flammable and combustible liquids, hazardous chemicals, liquefied petroleum gases, and permits to otherwise store, handle or use. Council Member Henry state that in most cases the fees were $18.00 for a one time permit, $35.00 for a one year permit and $53.00 for a two year permit. Council Member Scott stated that the City Council needed to take a yearly look at the fees instead of waiting seventeen years to raise the fees. He stated that citizens of Burlington can afford a 2% increase a year easier than a 50% jump in fees. 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 Final Plat for the West Avenue Business Park with Conditions

DISCUSSION: The Development Director stated that West Avenue Business Park was a 20 acre site located just west of Highway 61. He stated that West Avenue borders the property on the north, lower Augusta road borders the property to the west, with Mason Road located to the south. He stated that what was being proposed was ten lots for commercial and residential future use. He stated that in March of 1997 the City Council approved the voluntary annexation and the preliminary plat. He stated that the three issues that were left to be resolved dealt with the access drive alignment to West Avenue. He stated that the preliminary plat provided that the access be moved closer to Highway 61. He stated that the developer was unable to reach an agreement with the bank to the north and now would propose to align with the bank drive to the north. He stated that it would resolve the controversy over the access. He stated that the second issue deals with Mason Road and the future alignment of Mason Road. He stated that the two issues were acquiring the necessary right-of-way from the property owners at no cost and then entering into an agreement for the future cost of paving Mason Road. He stated that the third issue dealt with the sewer. He stated that initially the developer had proposed he would finance the entire $50,000.00 sewer project. He stated that the developer has since requested a hookup fee charge for properties that would benefit from the sewer. He stated that the developer's share would be $35,000.00, parcel #2 would be approximately $10,000.00, and the remaining six properties along West Avenue would be approximately $5,000.00. He stated that the proposed Resolution provides that the City initiate the project per state law and would allow at a future date to recapture both the $10,000.00 benefit derived from parcel #2 as well as approximately $700.00 hookup charge per resident along West Avenue. He presented to Council and the viewing audience the following summary of conditions for the final plat of West Avenue Business Park: restrict access to Lower Augusta Road during construction to reduce dust and surface problems; the developer pay for sanitary sewer to service the subdivision (estimated at $35,649.00), the City pay remaining sewer costs (estimated at $14,351.00) and charge hook-up fees outside of the subdivision; all public streets constructed to City standards; provide adequate turn-around for Phase 2 per City Code; addressing utility company concerns including necessary public utility easements; Lots B, C, D, and E dedicated to the City for no fee for Mason Road; adjacent property owners contributing 50% of paving cost of Mason Road; restricting the development of Lots 7 and 8 until Mason Road completed; rezoning of the subdivision from single family to commercial/multi-family; addressing the storm water management of the site; preventing/addressing mud in streets during construction; review and approval by the City of necessary plans including site plans, etc; and, requiring the issuance of an Occupancy Permit to insure compliance. He presented the summary of the Mason Road Extension Right-of-Way and Paving agreement as follows: dedication to the City at no cost necessary right-of-way (80 feet in total width) for future Mason Road; property owners shall agree to pay one-half (½) of the total cost, on a per linear frontage basis, of half of a 31 foot wide street back to back, including curb and gutter and storm sewer. The remaining cost shall be paid by the City and shall include future widening to an arterial street standard per the adopted Burlington Area Major Streets Plan; the First Church of the Nazarene, owner of Lot C to be dedicated to the City for right-of-way purposes, shall dedicate said right-of-way at no cost subject to the City waiving the Church's share of paving, curb, gutter, and storm sewer costs only; all right-of-way Lots B through E, shall be dedicated to the City at no cost at the time of Final Plat approval of the West Avenue Business Park Subdivision (IES Utilities portion of the right-of-way, Lot A, will be taken by easement); and paving construction and associated curb and gutter and storm sewer work for the Mason Road extension as referenced herein, shall be initiated upon mutual agreement by parties involved. Nancy Franklin of Lot #4, Lower Augusta Road questioned if the County residents would be charged the sewer hookup fee. The Development Director stated that the City does not have the ability to require that county property owners hook up to the City's sewer. He stated that as septic systems over time fail, the property owner would have an option of hooking into the City's sewer. He stated that the three properties that are in the City limits, the City would require that when their septic systems fail they hook into the City's sewer. Nancy Franklin stated her concern for the amount of traffic accessing Lower Augusta Road from Lots 4 and 6. She stated that it would cause a dust problem. The Development Director stated that in all likelihood vehicular traffic from lots 1 through 5 would opt to drive on a paved surface rather than a gravel road. Nancy Franklin stated her concern for the drainage system on lower Augusta Road. The Development Director stated that one of the conditions to the final plat was that 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 develop ability of any other lots in the subdivision or any properties adjacent to the subdivision. The Public Works Director stated that Bob Carhoff the City Engineer has reviewed the drainage plans. Dick Keith, engineer for FHS Holdings, LC reviewed the construction of the storm water management system. James Franklin of Lower Augusta Road questioned if he would be assessed for the sewer. The Development Director stated that there was no assessment. He stated that there was only a hook-up fee when you are ready to hookup to the City sewer. He stated that hooking up to the City's sewer would increase the value of Mr. Franklin's property. Steven Freeze of F.H.S. Holdings, L.C. stated that he would like the City and County to be responsible for dust control on Lower Augusta Road. He stated that the best solution was closing Lower Augusta Road. Council Member Heland questioned whether the City would get stuck paying the sewer hookup fee cost of $10,000.00. The Development Director stated that the State Code provides no end date to the ability to charge a hookup fee. He stated that if lot 4 would never develop the City would in fact carry the cost indefinitely. He stated that he felt optimistic that it was just a matter of time before the properties would desire to be hooked up to the sanitary sewer. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

3. Resolution Approving Agreement with Snyder and Associates, Inc. for Engineering Services for the Design of Burlington Family Recreation Complex

DISCUSSION: The City Manager stated that she had three points she wanted to review with the City Council and the viewing audience. She stated that this was the first time the City has undertaken a project of this magnitude for a recreational facility. She stated that the City was dealing with a $3,000,000.00 regional recreational facility. She stated that because of the scope of the project special emphasis was directed toward looking at an all inclusive process that would provide the City Council with the best qualified team of individuals who would build the public asset. She stated that the City was a partner with the Greater Burlington/West Burlington Chamber of Commerce. She stated that the City has entered into negotiations to purchase land in their business park as a tenant in the business park and will subject to design covenants. She stated that the selection process included representatives from the Chamber of Commerce, Mike Brouwer, and Keith Bloomquist, who has been involved with sports complexes for decades, as well as the Development Director, the Parks and Recreation Superintendent, and the Public Works Director. She further assured the Council that all communications between the finalists in this project and the staff were consistent and fair. She stated that no communications occurred between the finalist and staff that would in any way bias one candidate or one firm over another. The Public Works Director reviewed the selection process and criteria with the Council and viewing audience. He stated that Snyder and Associates was a 20 year old company based in Ankeny. He stated that they employ 105 people, with 30 registered engineers, and 6 landscape architects. He stated that approximately 80% of their business is with public sector clients. He stated that based on the information provided and the interview process, they have a strong team design approach. He stated that they were the only firm that alerted the committee of the potential for wetland issues and discussed mitigation should it become necessary. He stated that one of the specialties of Snyder and Associates was dealing with hydraulic and storm water management issues. Keith Bloomquist of 1004 Aspen Circle stated that he has no regrets with the process in which Snyder and Associates was chosen. He stated that Snyder and Associates was without question #1 with everyone on the committee. He stated that his #1 criteria was a firm that was first class, creative, and a firm that has experience in designing sports complexes. Jim Bradshaw, Project Manager, with Snyder and Associates stated that they would like to work with the City's design team. He stated that the committee who interviewed his firm had the interest of Burlington in mind. He stated that Burlington was his hometown, as he graduated from Burlington High School and had relatives living in Burlington. He stated that he was looking forward to working with the City on the sports complex. Council Member Henry questioned who in the audience was representing Metzger Johnson. Mayor Sandell stated that no one from Metzger Johnson was present. Council Member Henry stated that the Council will have a hard time getting people to serve on committees and commissions, if the Council does not listen to the recommendations of those committees. He further stated that maybe the presentations in the future should be open to the public. He stated that he has confidence in the firm of Metzger Johnson, but felt they did not have a record on designing a sports complex. Council Member Heland stated that there was nothing wrong with wanting to keep monies within the community. He stated that the work should be performed by people that have to live with their results and live in the community. The Public Works Director stated that all three firms were capable to do the project, but the committee felt that Snyder and Associates was the most qualified to do the project. Council Member Heland stated his concern with lack of objectivity. Council Member Thomas stated that Council Member Heland expressed his views eloquently,. He stated that the Council needed to entrust the building of the sports complex to Metzger Johnson. He stated that Metzger lives in Burlington and will do the best job possible. Council Member Scott stated that Dave Metzger was told that he had the job in the bag by City staff. He stated that he has known Dave Metzger for thirty-five years and was somewhat prejudice. He stated that Dave Metzger was a man of integrity. He stated that he also felt that staff would not lie. He stated that he did not want to see the project jeopardized. John Schulte of 1304 North 7th Street, Vice President of CRISP, stated that CRISP favors the local engineering firm. Keith Bloomquist stated that he had the utmost respect for Dave Metzger. He stated that Metzger Johnson would be relying heavily on Rectech, who were not designers but were accountants. Mayor Sandell stated that this was a difficult decision. He stated that Council relies on staff. He stated that last year he heard from the committee that Rectech was a good firm. Council Member Henry stated that the project was going to happen one way or another. He stated that the Council would have to live with the results. He stated that it was a unique project, and the Council needed to go with a person with unique expertise. Council Member Scott questioned who contacted Rectech to begin with. The Parks and Recreation Superintendent stated that Rectech was suggested several years ago at a convention he had attended. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 1 - "AYE" HENRY

4 - "NAYS" SANDELL, SCOTT, THOMAS, HELAND) FAILED

Resolution Approving Purchase Replacement Computer for Flint Hills Golf Course Irrigation System

DISCUSSION: Council Member Henry stated that in the case of the purchase of the replacement computer for Flint Hills Golf Course staff has recommended the high bidder. He stated that the two low bids were from local firms. The Parks Superintendent stated that the only thing the City could purchase locally was the computer. He stated that the software needed was sold exclusively by Toro. He stated that he was recommending the slightly higher price from Tri-State Turf because the price includes Toro's National Support Network that includes software updates, 24-hour telephone support on problems, and one year insurance. He further stated that the system can be installed at least two weeks sooner than the local computer companies. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

Adjournment: 10:38 p.m. Approved: May 19, 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

BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Accepting Warranty Deed from LaLa Helen Diewold, Trustee of Diewold Trust

2. Resolution Approving the Collective Bargaining Agreement Between the City of Burlington, Iowa and Local 301, International Association of Firefighters AFL-CIO July 1, 1997 - June 30, 2000

3. Resolution Approving Purchase of Squad Cars for the Burlington Police Department

4. Resolution Approving Purchase of Replacement Computer for Flint Hills Golf Course Irrigation System

5. Resolution Encouraging Federally Elected Officials to Study Alternate Financing for Local Infrastructure Needs

SET DATE FOR PUBLIC HEARINGS:

1. Consideration of the Concept for the 1997 Jefferson Street Reconstruction Project - North 6th Street to Railroad Tracks (May 19, 1997)

2. Consideration of the Plans and Specifications for the 1997 Division Street Paving Extension - West Burlington Avenue to Broadway Street (May 19, 1997)

3. Consideration of the Concept for the 1997 Garden, Willow and Lawn Paving Improvements (May 19, 1997)

4. Consideration of the Concept for the 1997 Miller Street Paving Improvements (June 2, 1997)

5. Consideration of an Ordinance Amending Title 17, Zoning, of the Burlington Municipal Code, by Creating Chapter 17.65 to Provide for the Creation of Two-Mile Zoning in the Area of Unincorporated Des Moines County, Adjacent Immediately to the Burlington City Limits (June 16, 1997)

APPOINTMENT:

City Planning Commission: Dan Carlson

City of Burlington | Local Government | City Clerk