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. 35
June 2, 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: -Employee Recognition: 30 Years of Service - William A. Carlson
-Grand Forks, North Dakota Day
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 setting date for public hearing on July 21, 1997 for 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 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 Plans and Specifications for the 1997 Garden, Willow and
Lawn Paving Improvements
COMMENTS: Mayor Sandell stated that he would abstain from voting as he lives on Willow.
He stated Mayor Pro-Tem Henry would lead the hearing. The Public Works Director reviewed
the plans and specifications to the Council and viewing audience in regard to the 1997 Garden,
Willow and Lawn Paving Improvements. He stated that Willow would be reconstructed to 31
feet back to back and Garden and Lawn would be reconstructed to 27 foot wide. He stated that
the project would be completed in a four phase project for convenience to the property owners.
He stated that the estimated cost of the project was $531,000.00 plus 15% contingency for a total
of $611,000.00. He stated that the budgeted cost of the project was $546,000.00. The Fire Chief
stated that he has reviewed the fire access procedures for construction of the project. He stated
that by constructing the project in four phases would allow for access. The Development
Director stated that the City's Transportation Plan calls for 27 foot for residential streets. He
stated that a 27 foot street provides for decreased traffic speed and volume. He stated that the
City views Dill Street as a 31 foot collector street over Garden and Lawn. Council Member
Heland made a motion to receive and file petitions from Property Owners of Lawn Avenue and
Garden Avenue Requesting the City Council Keep the Current 31 Foot Width and Assess
Property Owners. Council Member Scott seconded the motion. Ray Mendenhall of 2905 Lawn
stated that his petition contained 100% participation from property owners of Lawn. He stated
that he was in favor of the project. Keith Erts of 2914 Garden stated that his petition for Garden
Avenue was short one property owner who was out-of-town. He stated that the property owner
that was out-of-town was in favor of constructing the street to 31 feet. He stated that with the
new information received by City staff he would present the issue again to the neighborhood. The
Public Works Director stated that he was informed by the Finance Director that the petition
needed specific wording regarding the assessment. He stated that the City would write up two
new petitions for the property owners of Lawn and Garden. He stated that the petition would
need to be picked up at the Public Work's office and resubmitted back to the City Clerk by the
Monday, June 9, 1997 work session. Wayman Lipsey of 2928 Lawn questioned if there would
be garbage pickup during construction. The Public Works Director stated that he believed that
the Sanitation Department would be able to pick up garbage during construction, but would need
to check with the WWTF Superintendent. Council Member Scott stated that it was tremendous
how the property owners of Garden and Lawn have bonded together to get things accomplished.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Receive and File Petitions from Property Owners of Lawn Avenue and Garden
Avenue Requesting the City Council Keep the Current 31 Foot Width and Assess Property
Owners
DISCUSSION: None.
(VOTE: 4 - "AYES" HELAND, HENRY, SCOTT, AND THOMAS
1 - "ABSTAINED" SANDELL) CARRIED
Motion to Close CARRIED
Resolution Approving Plans and Specifications for the 1997 Garden, Willow and Lawn
Paving Improvements
DISCUSSION: None
(VOTE: 4 - "AYES" HELAND, HENRY, SCOTT, AND THOMAS
1 - "ABSTAINED" SANDELL) ADOPTED
2. Statement: Consideration of the Concept for the 1997 Miller Street Paving Improvements
COMMENTS: The City Manager stated that the 1997 Miller Street Paving Improvements would
be funded with part sales tax monies and part capital funds. The Public Works Director stated
that the project would include the repair of Miller Street north of Crestview to Harrison Avenue.
He stated that the street would be replaced with a 27 foot wide concrete street as the street does
not qualify as a collector street. He stated that north of Dunham the street would be rotomilled
and an overlay with 2 inch asphalt would be constructed. He stated that the hump located at
Miller and Harrison would be removed to provide for more of a traditional intersection. He
stated that the hearing on the plans and specifications would be June 23, 1997. Evelyn Unglaub
of 428 Dunham stated that the curbing along her property was in terrible condition. The Public
Works Director stated new curb and gutter would be constructed in front of Ms. Unglaub's
property. He stated that further north of Ms. Unglaub's property the curb and gutter would be
fixed. Earl Freitag of 199 Crestview Drive questioned if there will be access into Crestview
during construction as there is no place to park. The Public Works Director stated that one lane
would be left opened for access during construction. He stated that the issue would be discussed
further at the hearing on the plans and specifications. Mark Loots of 100 Crestview questioned
what the traffic count was to be considered a collector street. The Public Works Director stated
that the traffic count would need to be 5,000 vehicles. Earl Freitag of 199 Crestview stated that
he has a sinkhole near his property. The Public Works Director stated that he would look at the
sinkhole to determine if there was a sewer problem. Bonnie Stewart of 122 Crestview stated that
there would be jog in the street located at the two north blocks of Miller Street. She stated that if
the street is reduced two feet on each side there will be even more of a jog, which would be
hazardous. Robert Alberts of 105 Crestview Drive stated his concern with losing footage on
their end of Miller Street. Council Member Henry stated that the Miller Street Project was a
welcomed project. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
3. Statement: Consideration of Plans and Specifications for the 1997 Memorial Auditorium
Banquet Room Improvements
COMMENTS: The City Manager stated that the 1997 Memorial Auditorium Banquet Room Improvement project was driven by a request by the Witte Foundation. She stated that Civic Music would like to have a banquet in connection with their September 1997 concert. She stated that the project would be constructed in phases. She further stated that funding for the project would be provided by the Witte Trust. The Public Works Director stated that phase I would consist of demolition of the walls that divide the present banquet room and the American Legion; construction of new lighting; new ceiling; carpeting; and possibly wall covering. He stated that phase II would consist of replacing the old east/west wall with an accordion type wall and an accordion wall to the east edge of open area to create an aisle between the east stairwell and new banquet facility. He reviewed lighting for the project to Council and the viewing audience. Council Member Henry questioned what the capacity of the banquet room will be. The Public Works Director stated that presently the capacity of the banquet room was 120, and with the improvement the capacity will be 320. The City Manager stated that the project would not be possible without the cooperation of the American Legion. She stated that in phase II of the project the windows would extended down to the floor and the eastern most door would be replaced to allow for better lighting. Mayor Sandell questioned the cost of rent for the banquet room after the improvements are made. The City Manager stated that the City has not come up with a rental fee for the banquet room. 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 Memorial Auditorium Banquet
Room Improvements
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of An Ordinance Providing for the Division of Taxes Levied on
Taxable Property Within a Tax Increment Financing District Located in the Neighborhood
Development Program Urban Renewal Area, Pursuant to Section 403.19 of the Code of
Iowa
COMMENTS: The City Manager stated that the Ordinance provides for the division of taxes
levied on taxable property within a tax increment financing district located in the neighborhood
development program urban renewal area. She stated that the TIF debt would be 20 years. She
stated that the proposed TIF area was site specific. She stated that it focuses the attention on
finding tenants for the first two floors as opposed to encouraging development outside of the
geographical area. The Development Director reviewed the proposed TIF district to the Council
and viewing audience. Mayor Sandell questioned if the district included the sidewalks. The
Development Director stated that the district would include the sidewalks and would extend to
the property line. Council Member Heland stated that it was a long awaited project. He stated
that the Ordinance needed to be adopted so that Hotel Burlington can be redeveloped. Mayor
Sandell stated that he would like to capture extra increment as the district is not self funded. He
stated that it concerned him that the City would be using $300,000.00 in sales tax monies, and a
20 year bond. He stated that he was committed to the project. The City Manager stated that the
City needed to work with the County Assessor carefully as to only assess those floors of the
Hotel Burlington which are finished. The Development Director stated that as Hotel Burlington
is developed, it would create additional redevelopment in the area, which could expand the
district to capture additional TIF monies. All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Motion to Preliminary Adopt An Ordinance Providing for the Division of Taxes Levied on
Taxable Property Within a Tax Increment Financing District Located in the Neighborhood
Development Program Urban Renewal Area, Pursuant to Section 403.19 of the Code of
Iowa (2nd Reading)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Public Hearing, Consideration of the Amendment to the 1996-97 Budget
COMMENTS: The Finance Director stated that this would be the third and final amendment to
the 1996-97 budget. He stated that the final amended expenditure budget for the current fiscal
year was $29,764,739.00. He reviewed with the Council and the viewing audience the proposed
amendments to the 1996-97 budget. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Amendment to the 1996-97 Budget
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
1. 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 (July 21, 1997)
DISCUSSION: Council Member Henry stated that the reason he removed the Resolution setting date for public hearing on 2-mile zoning was due to the Chairperson of the Des Moines County Board of Supervisors contacting him questioning where the Council was coming from. He stated that the 2-mile zoning issue was discussed by Council a year ago and was short of adoption when the county residents urged Council to allow the County to zone the 2-mile area instead of the City. He stated that the City Council had given the County until the end of the year to adopt a 2 mile zoning plan. Council Member Heland stated that Ben Diewold also contacted him. Sherman Lunde of 4668 Summer Street, representing the Board of Supervisors and the Land Use and Zoning Commission, urged the Council to hold off until late fall before holding a public hearing on the 2-mile zoning issue. He stated that the County has completed a land use plan for the County. He stated that copies of the plan are on file at the Library and the Court House. He stated that the Land Use and Zoning Commission was working on the model zoning ordinance for the County. He stated that early fall the Des Moines County Supervisors would hold public hearings at the County level. He stated that the model Ordinance would be for the entire county, not just the 2-mile unincorporated Des Moines County. Mayor Sandell stated that he felt that the Council should go ahead and set date for the hearing and resolve the issue. The Development Director stated that he has reviewed a copy of the County's land use plan. He stated that his main concern deals with the concept of 2 mile zoning versus county wide zoning. He stated that if it is the intent of the county to create 2 mile zoning only in response to the City's efforts, he felt it was misfounded in that the comprehensive plan presents good land use policies for erosion control, grading, protecting water quality, and ensuring non-compatible uses. The City Clerk stated that she would be preparing the 2-mile zoning mailing in late June. Council Member Heland stated that he didn't feel the County had monies in their budget to enforce zoning. The City Manager stated that the City budgets $212,000.00 for the Development's budget. Council Member Scott questioned if the 2-mile zoning was part of the City's comprehensive plan. The Development Director stated that the 2-mile zoning was a part of the City's comprehensive plan. After further discussion by the Council it was decided to set July 7, 1997 as the date for public hearing on 2-mile zoning. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
ADJOURNMENT 9:38 P.M. APPROVED: June 23, 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 Establishing Policy for Optical Disc Imaging and Destruction of Records and
Documents in the City Clerk's Office
2. Resolution Approving Purchase of Plastic Coated Steel Chain and Sprockets for Conveyors
at the Wastewater Treatment Facility
3. Resolution Approving Purchase and Installation of a New Furnace for the Senior Center
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of Plans and Specifications for the 1997 Jefferson Street Reconstruction
Project - North 6th Street to Railroad Tracks (June 23, 1997)
2. Consideration of Plans and Specifications for the 1997 Miller Street Paving Improvements
(June 23, 1997)
3. Consideration of An Ordinance Amending the Land Use Map and Municipal Zoning Map
and Title 17, Zoning Ordinance, of the City Code of the City of Burlington, Iowa, 1997, by
Rezoning the West Avenue Business Park Subdivision from "R-1A" One-family Residential
to the West Avenue Business Park P.U.D. (Planned Unit Development) (June 23, 1997)
4. Consideration of Plans and Specifications for the 1997 Mason Road East/West Arterial
(July 7, 1997)
APPOINTMENTS:
Animal Control Center Advisory Board: Mary Ann Smith
Riverfront Advisory Committee: Dr. Sidney Carter
Youth Executive Policy Planning Committee: Mayor John Sandell.