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. 36
June 23, 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
PROCLAMATION: Amateur Radio Week
PRESENTATION: Certificates for Graduation from Citizen Police Academy
DISCUSSION: The Police Chief stated that this was the third graduation of the Citizen Police
Academy. He stated that it was a good program, and encouraged citizens to sign up for the
program. He presented certificates for graduation to the following individuals: Marilyn Bogart,
Don Henry, Gale Lofgren, Tracy McCampbell, Cheryl Meck, Bruce Morrison and Matthew
Zurmuehlen. Council Member Henry stated that it was an eye opening, worthwhile program.
All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
PRESENTATION: Youth Commission
DISCUSSION: Kim Diehl, Youth Coordinator introduced Travis Jacobsmeier, Andrea Hoffman,
Josh Schier, and Robbie Miller, members of the youth commission. She stated that Burlington
youth and RSVP volunteers would be going over 1,000 surveys from the middle schools and
High Schools. She stated that they would be working on a program calendar. The City Manager
stated that the Youth Coordinator was working on a comprehensive youth plan that would be
available to Council on September 22, 1997. Council Member Henry stated that everyone wants
a youth center to be a success. Council Member Scott stated that he attended the last Youth
Commission meeting and the tension was high as the youth feel the process was slow. He stated
that Council has committed $50,000.00 for a youth program, and has hired a full time Youth
Coordinator to put together a youth proposal. Council Member Heland stated that the hiring of a
Youth Coordinator was a step in the right direction. He stated that the key was a public/private
partnership. He stated that he was not convinced that a building was what is needed. He stated
his concern for operational cost of a youth building. Council Member Thomas stated that the
youth of Burlington have come to the Council and asked for a youth center. He stated that the
question is how much is the youth of Burlington worth. He stated that the City was losing the
youth via crime. Council Member Scott stated that major steps have been taken for the youth of
Burlington. He stated that a temporary youth center was needed to see if it was going to work.
Mrs. Baker stated that she was interested in the young people of Burlington. Jack Hobbs of 8186
139th Street stated that there were activities for the youth of Burlington. He suggested the Port of
Burlington building could be used for dances. Cliff Wilson of Rural Route #1, Carman, Illinois,
stated that he was raised in Burlington. He stated that the youth of Burlington were asking for
attention. He suggested having dances for the youth. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
PRESENTATION: Beth Ann Walhl, Iowa Commerce Magazine Publication of the Iowa
Chamber of Commerce
DISCUSSION: Beth Ann Walhl of the Iowa Commerce Magazine Publication of the Iowa
Chamber of Commerce stated that Burlington would be appearing in an upcoming issue of the
Iowa Commerce magazine. She stated that the magazine would appear nation wide and would
promote economic development. She further presented the pricing of the publication to the
Council. Mayor Sandell suggested that Ms. Walhl contact the City Manager in regard to the
upcoming issue. 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: Council Member Henry removed the Resolution Amending the Personnel Manual for Non-Union Employees from the consent agenda to the end of the regular agenda for discussion. Mayor Sandell removed the $9,000.00 portion of City claim #13639 to the Southeast Iowa Regional Airport Authority for discussion. 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 Jefferson Street
Reconstruction Project - North 6th Street to Railroad Tracks
COMMENTS: The City Manager stated that the City would be bringing something forward in
the future in regard to coal bins. The Public Works Director briefly reviewed the plans and
specifications to the council and viewing audience. He stated that $720,000.00 was budgeted for
the project. He stated that bids would be opened on July 23, 1997. He further stated that
construction would take place by mid August, 1997. He reviewed the incentive and disincentive
pay for contractors. Ed Blow of 58th Street, West Burlington stated his concern with using brick
inlays for the sidewalks. Daisianna Dodds of Daisianna's stated that Council Member Thomas
had visited her business and was shocked at the scope of the project. She stated that she did not
feel that every coal bin needed to be shut off. She stated that financially it would be a burden for
the small business person. She stated that she was in favor of the project. Helen Cone of
Community Action stated that their energy program starts the first of October. She stated her
concern for the elderly and disabled being able to park. The Public Works Director stated that if
the project proceeds on schedule the sidewalk by Community Action would be opened by
October 1, 1997. Council Member Heland stated that he felt the City was doing the right thing
by closing the coal bins during construction. Council Member Scott stated that the City needed
to be able to assist property owners with a grant in regard to the closing of the coal bins. 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 Jefferson Street Reconstruction
Project - North 6th Street to Railroad Tracks
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 1997 Miller Street Paving
Improvements
COMMENTS: The City Manager stated that the 1997 Miller Street Paving Improvements Project
was budgeted at $300,000.00. She stated that the project would be paid with General Obligation
Bonds and sales tax monies. The Public Works Director reviewed the plans and specifications
for the project to Council and the viewing audience. He stated that the first phase of the project
would cost approximately $130,000.00. He stated that bids for phase I would be opened on July
23 and bids for phase II would be opened on September 23, 1997. Evelyn Unglaub of 428
Dunham questioned what would happen with garbage and recycling during construction. The
Public Works Director stated that there would be access to a drop off site for garbage. 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 Miller Street Paving
Improvements
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: 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)
COMMENTS: The City Manager stated that staff had given an extensive overview of the project
at the Council work session. She presented the legal basis of the Planned Unit Development
Ordinance. The Development Director stated that the developer was present should Council
have any questions. Mayor Sandell questioned if the proposed Sterling House was similar to the
Sterling House in Muscatine. Mr. Freeze, the developer, stated that Sterling House was an
elderly housing complex and would be similar to the Sterling House in Muscatine. 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 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)
(2nd Reading)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCE:
1. Motion for Final Adoption 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
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution Approving Agreement with Metro Plains Development, Inc. Regarding Parking
for Hotel Burlington
DISCUSSION: The City Manager stated that the City has been working with Metro Plains to provide adequate parking. She stated that the agreement deals with the southwest corner of Main and Valley. The Development Director reviewed the parking plan to the Council and the viewing audience. The City Manager stated that Metro Plains has allotted $75,000.00 for parking. Mayor Sandell stated that the parking design would be brought up for further discussion at the plans and specifications hearing. Linda Wilson, owner of Hawkeye Guns, stated that she was shocked to find out that she would have to move her business for a parking lot. She stated that she liked her present location. The City Manager stated that Metro Plains looked at the Archer Motor building for deck parking. She stated that Metro Plains discounted the idea due to marketing surveys which state that the elderly do not like to drive in enclosed tier parking decks. She stated that the City asked Metro Plains to look at valet parking. She stated that Metro Plains would be unable to cash flow the project with valet parking. Dean Vickstrom of 942 Gratton stated that he would like to see the Hotel project become a reality, but was concerned with businesses closing or having to move to another location. He questioned who would own the parking lot, and if there was financial assistance for those displaced. Mayor Sandell stated that the City would own the parking lot, and that there was financial assistance available for those displaced. Cliff Wilson of Route 1, Carman, Illinois stated that he felt all parking options were not looked at to its fullest extent. Attorney Scott Power stated that the City has volunteered the use of the City's Building Inspectors to help the Wilson's. Mayor Sandell stated that he hated to see a business relocate, but the Council was committed to the Hotel project. Council Member Scott stated his concern with the City Attorney coming into a business and telling the owners they have to relocate. He stated that he wished the City had a comprehensive downtown parking plan. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
PETITION:
1. Motion to Receive and File Petition from Property Owners of Lawn Avenue requesting an
Assessment to pave their street to 31 foot
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Preliminary Resolution for the Special Assessment of the 1997 Lawn Avenue Paving
Assessment Project
DISCUSSION: The City Manager stated that the Lawn Avenue property owners were 100% in favor of the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES")` ADOPTED
2. Resolution Ordering Notice to Utility Companies and Property Owners to Make, Repair, or
Relocate Any Water or Other Utility Connections for the 1997 Lawn Avenue Paving
Assessment Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Resolution Determining the Valuation of Each Lot for the Special Assessment of the 1997
Lawn Avenue Paving Assessment Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Resolution Adopting the Schedule and Estimated Cost for the Special Assessment of the
1997 Lawn Avenue Paving Assessment Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
HEARING:
1. Statement: Consideration of Resolution Adopting the Resolution of Necessity for the 1997
Lawn Avenue Paving Assessment Project
COMMENTS: The City Manager stated that Lawn Avenue property owners were 100% in favor
of the assessment project. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
Motion to Close CARRIED
Resolution Adopting the Resolution of Necessity for the 1997 Lawn Avenue Paving
Assessment Project
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
MOTIONS/RESOLUTIONS:
1. Resolution Amending the Personnel Manual for Non-Union Employees
DISCUSSION: Council Member Henry stated his concern that under the Non-Union Manual employees who leave their employment for an elected office beyond six years would be automatically terminated. He stated that the Council had made their feelings clear when they extended the leave for Sheriff Behne beyond six years. He made a motion to amend the manual to read: Employees who are elected to any municipal, county, state, or federal office shall upon their request be granted a leave of absence commencing any time after such election and continuing through one or more terms up to a maximum of six (6) years, unless extended by formal action of the City Council. Council Member Thomas seconded the motion. Council Member Scott questioned if the union would vote against incentive pay, would it prevent non-union employees from receiving incentive pay. The City Manager stated that it would not prevent non-union employees from receiving incentive pay, should the union vote against incentive pay. The Personnel Director reviewed flex time with Council. Mayor Sandell, and Council Member Henry stated that flex time was not causing any problems. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Motion to Amend Section 4 b) Candidates and Elected Officials Leave of the Personnel
Manual for Non-Union Employees
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion Approving City Claim No. 13639 in the Amount of $9,000 to Southeast Iowa
Regional Airport Authority for Rent
DISCUSSION: Mayor Sandell stated his concern for paying rent of $9,000.00 for property at the Airport that the City still owns. The City Manager stated that the City does still own the land. She stated that the bill was for services rendered. Council Member Henry stated that the Council was committed to making the Regional Airport Authority work. Mayor Sandell stated that he would vote against payment as he has a difficult time paying rent for property that the City owns. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" HENRY, SCOTT, THOMAS, HELAND
1 - "NAY" SANDELL) CARRIED
Adjournment: 10:32 p.m. Approved: July 21, 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 1996 Jefferson Street Mall Replacement - Re-open North Main Street to North 3rd Street
Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the
1996 Riverfront Improvements, Parking Improvements, Phase II, Great River Bridge to Riverside
Park
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contract for the 1997 Division Street Paving Extension - West
Burlington Avenue to Broadway Street
2. Resolution Amending Rules on Ordinance Adoption
3. Resolution in Support of the Comprehensive Improvement Assistance Program for the Low
Rent Housing Agency of Burlington, Iowa
4. Resolution in Support of Southeast Iowa Regional Airport Authority's Capital
Improvements Program
5. Resolution Approving Purchase of Computer Equipment and Software for the Burlington
Police Department
SET DATE FOR PUBLIC HEARINGS: July 7, 1997
1. Consideration of Issuance of $3,300,000 General Obligation Essential Corporate Purpose
Bonds and Consideration of Issuance of $200,000 General Obligation Building Renovation
Bonds
2. Consideration of Issuance of $800,000 Sewer Revenue Bonds, Series 1997
3. Consideration of Sale of .32 Acres of City Property Located Immediately North of Pak-A-Way and South of the Mt. Pleasant Street Bridge to Pak-A-Way Container Service
4. Consideration of Sale of Hotel Burlington at 206 N. 3rd Street to Metro Plains Development,
Inc.
5. Consideration of An Ordinance Amending the Municipal Zoning Ordinance, Title 17, of the
City Code of the City of Burlington, Iowa by Amending Section 17.66 Signs