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. 1
January 5, 1998
The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council
Members Edwards, Henry, Thomas and Wright, present. Mayor Scott welcomed Mrs. Balbort's
government class to the City Council meeting. He further stated that the City has experienced a
death of a local politician. He stated that Council Member Edwards would like to make a few
comments in regard to the death. Council Member Edwards stated that he attended the visitation
of Bob Dodds, a local politician. He stated that Rev. Jessie Jackson was also in attendance at the
visitation. He stated that Bob Dodds was a great community oriented person. He stated that Bob
Dodds was a farmer, a politician, and a pastor. He stated that he would remember the family of
Bob Dodds in his prayers. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
BURLINGTON CITY COUNCIL
PRESENTATION: Certificate for Serving on Board/Commission
DISCUSSION: Council Member Henry presented Rev. Albert Sparks with a certificate for
serving over four years on the Human Rights Commission. Rev. Sparks thanked the present and
former Council. He urged citizens to give of their time to serve on a City board or commission.
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: None.
(VOTE: 5 "AYES") CARRIED
PRESENTATION: Development of Senior Housing Project (Hotel Burlington) by MetroPlains
DISCUSSION: Jean Eide representing Metro Plains shared with Council and the viewing
audience the vision of what the former Hotel Burlington would look like in one year. Mayor
Scott stated that he had the opportunity last week to tour the Hotel and it has changed a lot from
his tour of one year ago. He stated that everyone in the community would be pleased with the
improvements. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
ORDINANCE:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Chapter 15 of the City of Burlington Plumbing Code
DISCUSSION: The Interim City Manager stated the proposed Ordinance provides for the use of PVC piping in place of cast iron piping for installations in buildings above third floors. The Chief Code Inspector reviewed the highlights of the proposed Ordinance with Council and the viewing audience. Council Member Thomas stated that his main concern was public safety. He stated that he was happy to hear that there would be a cost savings by using the PVC piping. Mayor Scott stated that it was a change that will be taking place sometime in 1998 when the Council is asked to adopt a new International Plumbing Code. 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 Sale of Fire Station, 802 Summer Street
COMMENTS: The Interim City Manager stated that the City would like to sell the old fire
station located at 802 Summer Street which was presently vacant. He stated that State law
requires that the City hold a public hearing on the sale of the building. He stated that the City
would be listing the property with the President of the Board of Realtors and the property would
be listed at a reasonable price. He stated that once the City receives an offer that staff would
come back to Council with a Resolution approving the sale. He stated that the sale of the
property would put the property back on the tax rolls. John R. Sandell of 2803 West Avenue
questioned if the property would be listed as a multiple listing or a single listing. The Interim
City Manager stated that the property would be listed as a multiple listing through the Board of
Realtors. Council Member Thomas questioned if there were any stipulations listed for the fire
station. The Development Director stated that the restrictions to the property would be similar to
the restrictions placed on the sale of the Osborn Street fire station. Council Member Thomas
stated that he had reservations about selling the fire station. He stated his concern that the City
does not have enough fire stations. He further stated his concern for insurance rates. The Interim
City Manager stated that the building was built in the 1920's and was not adequate to house
present day fire trucks. Council Member Edwards stated that he would like to see a study done
in regard to response time for the northern part of Burlington. He stated that he has no problem
selling the building. Mayor Scott encouraged Council Members Thomas, Wright and Edwards to
visit with the Fire Chief to review the response times in the City, and to discuss the future
building of a new central fire station. Council Member Henry stated that insurance rates were
according to response times and not the number of fire stations that a City has. 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 An Ordinance Repealing Chapter 3.44 Mall Advisory
Committee of the Burlington Municipal Code
COMMENTS: The Interim City Manager stated that when Jefferson Street Mall was built back in the 1970's a Mall Advisory Committee was established. He stated that the committee was last active in 1981. He stated that with the opening up of Jefferson Street, it was not necessary to keep the Ordinance in the City Code. 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 the First Reading of An Ordinance Repealing Chapter
3.44 Mall Advisory Committee of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of An Ordinance Adopting the Saunderson Heights Neighborhood
Plan and Formally Including the Plan Within the City's Comprehensive Plan
COMMENTS: The Interim City Manager stated that at the December 15, 1997 City Council
meeting the City held a presentation of the Saunderson Heights Neighborhood Plan. He stated
that the adoption of the plan would make the plan a part of the City's comprehensive plan. The
Development Director reviewed the Saunderson Heights Plan public notices, meetings, and
presentations to the Council and viewing audience. He stated that the plan started on January 13,
1997 with notification to all the residents and property owners of the area in regard to meetings.
He stated that there were numerous articles in the newspaper regarding the status of the plan. He
further reviewed the Saunderson Heights Neighborhood Association Program Development and
Time line. He stated that on February 18, 1998 a neighborhood-wide meeting would be held to
present nominations and accept any additional nominations from the floor. He stated that the
Development Department would also take nominations for election of the office holders for the
Saunderson Heights Neighborhood Association, which would consist of nine officers. He stated
that the election would also be held on February 18 1998 and the votes tallied, and the nine
members appointed. He stated that the plan was very specific with twenty projects listed. Mike
Proctor of 103 North Woodlawn commended everyone who has worked on the plan. He stated
concern about his neighborhood. He stated that some of the projects did not make sense to him.
He stated that some of the streets that are to be improved were not necessary, and some streets
that need improved were not listed on the plan. John Wiemann of Woodlawn thanked the
committee members for their work on the plan. He stated his concern that monies would be
spent on a park. He stated that there were alleys that needed repair. He stated that the
construction of a walkway would increase traffic and cut down trees. He further stated his
concern about the possibility of a youth center being across from his home. Mayor Scott stated
that the projects listed on the plan would not automatically be approved. The Interim City
Manager stated that any project $25,000.00 or more would need a public hearing, and any item
$10,000.00 or more would need to go before the City Council for approval. Dan Newton of 414
Peasley thanked and congratulated the committee for their hard work. He stated that the
committee wanted a clean, safe place in which to live. He stated that it was unfortunate that
people were against the plan. Andy Anderson of 119 South Adams presented Council with
letters of support of the Ordinance. He thanked the Council for having the courage in making
Saunderson Heights the first targeted neighborhood. Council Member Henry questioned if there
would be any upcoming expenditures coming before the Council before mid April, 1998. The
Development Director stated that he was not aware of any upcoming expenditures, other than the
final grant in the amount of $180,000 to acquire and demolish properties. Council Member
Thomas stated that the neighborhood could create their own newsletter to inform property
owners of the plan. He thanked the targeted neighborhood steering committee for their success.
Council Member Wright urged people to take a step back and take a breath and look at the plan
and what the results will bring. He urged the residents to work through their problems. Mayor
Scott presented the City Clerk with the thirty-four letters in favor of the Ordinance. He stated
that the neighbors needed to sit down and compromise. 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 the First Reading of An Ordinance Adopting the
Saunderson Heights Neighborhood Plan and Formally Including the Plan Within the City's Comprehensive Plan
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Statement: Consideration of An Ordinance Amending Chapter 8.28. Alarm Systems of the
Burlington Municipal Code
COMMENTS: The Police Chief stated that the proposed Ordinance amends the present Alarm
Systems in the City Code. He stated that presently the City was monitoring bank alarms in-house
at no cost to the banks, He stated that Corporate Counsel and himself feel that monitoring bank
alarms in-house was in violation of State Code 23A.2.1a, which prohibits units of government
from competing with private enterprise. He stated that at present the City has no means of
knowing who has an alarm until it goes off. He stated that under Section 8.28.090 would allow
the Police Department to track alarms and keep much better records of call back. He stated that
at the same time it insures that the alarms meet industry standards, thereby increasing the
likelihood of decreased false alarms. He stated that he was also recommending a flat fee for false
alarms regardless of the number of false alarms. He stated that the fee and permit structure
would be approved by Council by Resolution at the final adoption of the Ordinance. He stated
that the City would be able to remove a permit if the person is not responsible for maintaining
their alarms. He stated that the person would have the ability to appeal. He stated that the
proposed Ordinance was a direct result of the Model States False Alarm Dispatch Program. John
R. Sandell of 2803 West Avenue stated that the Ordinance for the most part was a great
improvement. He stated his concern that there was not a definition for what an approved alarm
company was, or an approved alarm business. He stated that it would be a tremendous workload
for him to go through the permit fee process. He hoped the Police Chief would streamline the
permit process. He asked Council to wait on approving the fee structure. Council Member
Edwards stated that he would like to be able to look at the Resolution establishing the fee
structure at the next work session. Council Member Wright questioned when a house with an
alarm system is sold who notifies the Police Department that it has been sold. The Police Chief
stated that if a person buys a home with an alarm, and the alarm would go off, the new owner
would be notified of the permit process. Council Member Henry stated that he has not heard of
any objections to the proposed Ordinance. 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 the First Reading of An Ordinance Amending Chapter
8.28. Alarm Systems of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Statement: Consideration of An Ordinance Amending Chapter 9.04 City Criminal Code of
the Burlington Municipal Code by Creating a New Section 9.04.080 Failing to Supervise a
Child (Parental Responsibility)
COMMENTS: The Police Chief stated that the proposed Parental Responsibility Ordinance was
developed using both the recently passed Muscatine, Iowa Ordinance and the 1995 Oregon
Revised Statues. He stated that the proposed Ordinance was designed for parents to take
responsible control of their children. He further reviewed the Ordinance with the Council and
the viewing audience. Council Member Edwards stated that under Section II.B.5. it ensures the
child attends traditional or home school as required by Iowa Code. He stated that the school
system already has a truancy officer in the school system. He questioned if it was necessary to
list that item. He stated that under Section IV No. 3 Defense, the word "reasonable" needed to
have a definition. He stated that in families today many are divorced families. He stated that a
friend of his has a wife that has custody of two daughters. He stated that if the wife doesn't work
and the daughter would get in trouble, the husband would have to assume responsibility and pay
the fine. He stated that many parents work multiple jobs to make ends meet, and would have a
hard time attending a parenting class. He also felt that nine out of ten parents are responsible.
He stated that parents cannot watch their children twenty-four hours a day. Justin Woodyard of
1132 Osborn stated his concern as to what "reasonable" means. He stated that there were better
ways to control problems with youth such as through evangelism or mentoring. He urged the
Council to vote against the Ordinance. John Wiemann stated that child neglect was already
handled by social services. He stated that many parents work nights and have to leave their
teenagers home unattended. He stated that parental training classes would not make a difference
and solve any problems. He stated that family and group counseling was necessary and
expensive. He further stated that the law would penalize single working parent families. Sally
Price of 1117 South 6th Street stated that she had a rebellious teenager. She stated that she has
done everything. She stated that the Ordinance would just create more stress for her. Council
Member Henry made a motion that the hearing regarding Consideration of An Ordinance
Amending Chapter 9.04 City Criminal Code of the Burlington Municipal Code by Creating a
New Section 9.04.080 Failing to Supervise a Child (Parental Responsibility), be tabled for
further discussion at the January 12, 1998 work session. Council Member Edwards seconded the
motion. After roll call vote by the City Clerk the motion was approved with Mayor Scott and
Council Members Thomas, Edwards, and Henry voting in favor of the motion. Council Member
Wright voted against the motion. All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
Motion that the hearing regarding Consideration of An Ordinance Amending Chapter 9.04
City Criminal Code of the Burlington Municipal Code by Creating a New Section 9.04.080
Failing to Supervise a Child (Parental Responsibility), be tabled for further discussion at the
January 12, 1998 work session.
DISCUSSION: None.
(VOTE: 4 - "AYES" SCOTT, THOMAS, EDWARDS, HENRY
1 - "NAY" WRIGHT) CARRIED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Adopting a Code
of Ordinances for the City of Burlington as Required and Provided in Section 380.8, Iowa
Code
DISCUSSION: The Interim City Manager stated that the Iowa Code requires that the Council either completely re-codify or re-adopt the City's Code of Ordinances every five years. 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: An Ordinance Amending Chapter 17.16 of the
Burlington Municipal Code to Rezone Lots 1, 2, 3, 4, and 5 of Block 1 in the 1st Addition to
Scotten Place from C-1 (Commercial) to C-2 (General Commercial)
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Final Adoption of An Ordinance: An Ordinance Amending Sections 10.48.020,
10.48.220 & 10.48.225 of Chapter 10.48 Parking Enforcement of the Burlington Municipal
Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Preliminary Plat of Sunrise West Subdivision
DISCUSSION: Council Member Wright stated that he would abstain from voting in regard to the Resolution Approving Preliminary Plat of Sunrise West Subdivision. The Development Director stated that the developer, Messiah Lutheran Church, was developing a senior housing project. He stated that Bob Hiller of Messiah Lutheran Church was present should council have any questions. Council Member Henry questioned if the development would be taxable. The Interim City Manager stated that the Tax Abatement Ordinance was amended to subsidize senior housing. Bob Hiller of 2311 South 4th stated that; the property was on the tax rolls. He stated that the tax abatement was put in place strictly for LMI who meet the necessary requirements. Council Member Thomas stated that as the population in Burlington becomes older the senior housing project will fill a void for people who need a place to live and would provide companionship with people their own age. He stated that the senior housing was a good project. Mayor Scott also stated that the senior housing was a good project. He further stated that he was glad to see the project go forward. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" SCOTT, THOMAS, EDWARDS, HENRY
1 - "ABSTAINED" WRIGHT) ADOPTED
2. Resolution Approving An Agreement with Municipal and County Management Services for
Negotiations of a Cable TV Renewal Franchise
DISCUSSION: The Interim City Manager stated that the Resolution Approving An Agreement with Municipal and County Management Services for Negotiations of a Cable TV Renewal Franchise was back on the agenda at the request of the City Council. He stated that the proposed Resolution provides for an Agreement with Municipal and County Management Services related to the Cable franchise renewal process. He stated that he has spoken with Pat Callahan of Municipal and County Management Services and he was agreeable to having the Cable TV Commission undertake the information gathering phase which would involve compilation of and conducting the citizen survey, and preparation of the needs assessment. He stated that the cost of the negotiations would not exceed $3,900.00. John R. Sandell of 2803 West Avenue stated that the Cable Commission should be involved in the negotiation process. He stated that the Ordinance which created the Cable Commission did not include the authorization of negotiations, but that the Ordinance was very vague in regard to powers and duties of the commission. Council Member Henry stated that Cable Commission was capable of handling the negotiations of the cable franchise. Council Member Thomas stated that he has changed his mind since the December 15, 1997 council meeting. He stated that he made a mistake by allowing the Cable Commission to do the negotiations. He stated that the Council needed to let the Cable Commission know where they stand. He stated that he would like to retract his comments that he made at the prior meeting and vote to approve the agreement with Municipal and County Management Services for negotiations of a cable renewal franchise. Council Member Wright stated that he sees legal problems if the Council would allow the Cable Commission do the negotiations for the cable renewal franchise. He stated that there would be no recourse to go back to the Cable Commission. He further stated that he didn't want to put the Cable Commission in that position. Council Member Edwards echoed Council Member Wright's comments. He stated that he would have like to have saved monies by allowing the Cable Commission do the negotiations, but felt that the cost were brought down to $3,900.00. He hoped the Cable Commission would continue their good work. Council Member Scott apologized that the issue has continued this long. He stated that the Cable Commission has done a tremendous job. He stated that by voting against the Resolution at the December 15, 1997 City Council meeting it allowed him time to think about the issue. He stated that he has now decided to support staff and have the Municipal and County Management Services negotiate the cable renewal franchise. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" SCOTT, THOMAS, WRIGHT, EDWARDS
1 - "NAY" HENRY) ADOPTED
Adjournment: 10:25 p.m. Approved: January 20, 1998
Kathleen P. Salisbury Timothy E. Scott
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 Gnahn/Osborn Sewer Separation Project
- Resolution Approving Final Acceptance, Final Payment, and Release of Retention Monies
for the 1997 CDBG Sewer Project, Phase III
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Final Acceptance for Maintenance and Operation of the Streets for
the 1997 Nelson Drive Paving Extension
2. Resolution Approving the Upgrade/Replacement of Electrical Equipment and Equipment
Controls and Telemetry Systems at the Wastewater Treatment Plant
SET DATE FOR PUBLIC HEARINGS: January 20, 1998
1. Consideration of An Ordinance Repealing Chapter 12.48 Pedestrian Mall and Creating a
New Chapter 12.48 Downtown Mall
2. Consideration of An Ordinance Creating Chapter 3.46 of the Burlington Municipal Code to
Establish the Regional Family Recreation Complex Advisory Committee
APPOINTMENTS:
Zoning Board of Adjustment: John K. Sandell
Cable Commission: Joe Daly
Ad Hoc Committee for Library Study: Win Boyd, Tammy Washington, Patricia Anderson, Elaine Baxter, David Lloyd, Jerry Rigdon, Don Henry, and Bill Wright
Historic Preservation Commission: David Lloyd
Human Rights Commission: Jeff Heland