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. 2
January 20, 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.
BURLINGTON CITY COUNCIL
PROCLAMATION: Jaycee Week - Kathy Evert
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: Mayor Scott requested the removal of the Resolution Approving the Collective Bargaining Agreement between the City of Burlington, Iowa and Local 7176 of the Communications Workers of America, AFL-CIO, July 1, 1998 - June 30, 2000 from the consent agenda 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 An Ordinance Repealing Chapter 12.48 Pedestrian Mall and
Creating a New Chapter 12.48 Downtown Street Scape
COMMENTS: The Interim City Manager stated that the proposed Ordinance Repeals Chapter
12.48 Pedestrian Mall and Creates a New Chapter 12.48 Downtown Street Scape. He stated that
due to the pedestrian mall being open to traffic the proposed Ordinance was created to reflect that
change. He stated that the proposed Ordinance still dealt with prohibited acts on the street scape
and maintenance of the mall. Council Member Henry stated that Section 12.48.010 definition of
"authorized play area" was no longer needed. The Interim City Manager stated that he would
have an amendment available to Council at their next meeting repealing that section. 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 12.48 Pedestrian Mall and Creating a New Chapter 12.48 Downtown Street
Scape
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Statement: Consideration of An Ordinance Creating Chapter 3.46 of the Burlington
Municipal Code to Establish the Regional Family Recreation Complex Advisory
Committee
COMMENTS: The Interim City Manager stated that the proposed Ordinance creates Chapter
3.46 of the Burlington Municipal Code to establish the Regional Family Recreation Complex
Advisory Committee. He stated that the advisory committee would be similar to the Flint Hills
Golf Course Advisory Committee. He stated that the committee would consist of eleven
members as follows: three softball league members, three soccer league members, two at large
members, one Chamber of Commerce member, and the General Manager and Parks and
Recreation Director, who shall serve as ex officio members. He stated that nine members would
be appointed by the Council and shall serve three-year terms, from January 1st through December
31st each year, excepting that when this Ordinance shall be adopted; three members shall be
appointed for a three year term; three members for a two-year term; and three members for a one-year term. He further reviewed the powers and duties of the committee with the Council and
viewing audience. 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 Creating Chapter
3.46 of the Burlington Municipal Code to Establish the Regional Family Recreation
Complex Advisory Committee
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of Plans and Specifications for the Regional Family Recreation
Complex
COMMENTS: The Interim City Manager stated that Dave Metzger and Martin Hugg, architects,
were present to explain the plans and specifications for the Regional Family Recreation
Complex. Dave Metzger thanked the Council for allowing him to design the recreation complex.
He reviewed with the Council and the viewing audience the plans and specifications for the
project. He stated that bids would be opened on March 4, 1998. He stated that the estimated
base bid cost was $2,750,000.00. He stated that the estimated cost for alternates was
$275,000.00 plus additional cost for equipment. Council Member Henry requested that Dave
Metzger review the irrigation and drainage of the area. Dave Metzger stated that the soil has
been analyzed and has a tendency to compress and dry out hard, yet could be slick if it rained
hard. He stated that they were looking at tiling and sand to make a good turf. The Interim City
Manager reviewed the funding for the project. He stated that construction cost was
$2,750,000.00; design was $200,000.00; land cost was $255,000.00; streets were $1,085,000.00;
equipment $87,000.00; and pathway $139,200.00, for a grand total of $4,516,200.00. He stated
that the funding available was as follows: debt already incurred $1,085,000.00; BADCO
$372,000.00; sales tax monies $670,000.00; ISTEA grant $111,222.00. He stated that
$2,278,000.00 was still needed to fund the project. He stated that debt options were as follows:
projected incremental taxes (current) $420,000.00; projected increased incremented taxes
$72,600.00 for a total available of $492,600.00. He stated that existing debt was as follows:
1996 bonds $212,000.00; 1997 bonds $115,000.00 with a balance available of $165,600.00; 15
year 15% bond $1,715,000.00; and 20 year 5% bond $2,060,000.00. He reviewed the following
funding options: raise $210,000.00 to $560,000.00 in donations; structure debt to push principle
to later years when incremental revenues are greater; find additional funding from some other
source; or combination of the above. Council Member Henry stated that should the complex
have excess revenues that monies could be channeled back to pay the debt. The Interim City
Manager stated that the City could also fund future phases. Randy Parker of 2054 Osborn stated
that the sports complex was a great idea. He stated concern that SCC has torn up their diamond
where the 13, 14, and 15 year old players play ball. He questioned what the City could do about
that. The Interim City Manager stated that the issue with SCC came up last week and he has not
had a chance to speak with the Parks Superintendent to see what the options are. He stated that
the City had a 15 year agreement with SCC for use of the ball diamond, which is almost ready to
expire. Council Member Thomas stated that he has a lot of trust in the Finance Director to fund
the project. He stated that the Recreation Complex was one of the best things to happen to
Burlington. He thanked those who served on the sports complex committee. Council Member
Henry asked those who served in any aspect of the sports complex to stand up in the audience
and be recognized. He gave special recognition to Keith Bloomquist who has worked on the
project for many years. He stated that he did not expect to see public monies spent to finance the
project, but needed private sector involvement. Mayor Scott stated that he could see the heart of
a Burlingtonian in the project, as the architect was a hometown individual. Chuck Brockett of
106 Greenbrier stated that he coaches a 16 to 18 year old Babe Ruth team. He stated that the
1998 tournament would be held in Burlington with eight states attending. He stated that he
would also like to bring the Babe Ruth World Series League to Burlington. 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 Regional Family Recreation Complex
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of An Ordinance Adopting the 1997-2016 Comprehensive
Strategic Plan, Per Title 414 Iowa Code, and Title 3.16 City Code, of the City of
Burlington, Iowa Tabled from the December 15, 1997 City Council Meeting
COMMENTS: The Interim City Manager stated that the Council has held three public hearings
in regard to the 1997-2016 Comprehensive Strategic Plan. He stated that the Council would
conclude their hearing and adopt the first reading of the Ordinance. He stated that the
Comprehensive Plan was a blueprint for the City to follow. The Development Director reviewed
the elements of the plan and the table of contents which had been discussed in great detail at
previous meetings with Council and the viewing audience. The Project Coordinator reviewed the
background of the study and evaluation of the City of Burlington North Growth Area. The
Development Director stated that the comprehensive plan provides for a three phased approach to
annexation north of the city limits of Burlington. He stated that the City would also no longer
restrict county residents who want to hook up to the rural Rathburn water system. He stated that
previously in 1989 the City Council adopted an urban growth policy requiring city approval
before county residents could connect to Rathburn Rural Water service. He stated that property
owners had to agree in writing to: pay their fair share for city water and sewer when those
utilities are made available; voluntarily agree to annex into Burlington when determined
necessary by the City; that the City would not pay Rathburn for any lost capital or projected
future revenues from rural water where City water is provided. He stated that the City was
actually holding county residents hostage by requiring them to annex into the City. He stated that
by removing those conditions, the City would annex land like it does to the south, in a more
cooperative and incremental way. He further stated that if the City doesn't allow county
residents to hook onto rural water, the City was saying it would provide city water service to
those county residents within in a certain number of years. The Interim City Manager stated that
it would cost the City more in increased city services, a new sewer trunk line and additional
equipment to annex the north growth area than housing growth would generate for City coffers.
The Development Director stated that his department worked with other City departments in
estimating future housing growth, city service costs and tax revenue generated by new homes in
the north growth area in the next forty years. He estimated a total of 1,420 homes would be built
in that area, generating $1.46 million dollars in tax revenue. He stated that it could cost $3.7
million to provide services to that area and those new homes. Jim Corder, county representative
to the City Planning Commission, stated that relations with county residents would be much
better if they do not have to sign a paper stating that they will agree to voluntary annexation. Jeff
Heland of 200 Emmett stated that inner city growth was not happening, but growth has been
occurring outside of Burlington. He stated that in the past cities have offered some type of
"carrot" to get property owners to annex into their cities. He further congratulated the Planning
Director and his staff for their work in putting together the comprehensive plan. Tom Schwenker
of Sylvan Heights stated that property owners in Sylvan Heights will now be able to hook up to
Rathburn water. He urged Council to adopt the proposed Ordinance. Mayor Scott stated that it
has been eight years and it was time for the Council to make a decision in regard to water. He
further congratulated the Development Director, staff, and the Plan Commission for their work
on the comprehensive plan. Council Member Henry stated that the City has recently approved
three annexations, which not only were voluntary, but the developers were willing to participate
in the cost of infrastructure. Council Member Wright reminded the viewing audience that the
comprehensive plan was a working plan, and could be amended. 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
1997-2016 Comprehensive Strategic Plan, Per Title 414 Iowa Code, and Title 3.16 City
Code, of the City of Burlington, Iowa
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCE:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Adopting the
Saunderson Heights Neighborhood Plan and Formally Including the Plan Within the
City's Comprehensive Plan
DISCUSSION: The Interim City Manager stated that there was not a staff presentation prepared as the Ordinance Adopting the Saunderson Heights Neighborhood Plan and Formally Including the Plan Within the City's Comprehensive Plan has been discussed by Council at various council meetings. Council Member Thomas applauded the volunteers in the Saunderson Heights Neighborhood for making a better quality of life for their neighborhood. 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 Approving Use of Tax Increment Financing by Southeastern Community
College for Vista Bakery New Jobs Training Program
DISCUSSION: The Interim City Manager stated that the proposed Resolution provides for the use of tax increment financing by Southeastern Community College for Vista Bakery new jobs training program. Dennis Hinkle, Director of Southeastern Community College Workforce and Economic Development, stated that 76 new jobs would be created with Vista's current expansion at 3000 Mt. Pleasant Street. He stated that the college would use the Iowa New Jobs Training Program to train the new workers. He stated that the program was used for new businesses or those expanding their workforce. He stated that the TIF district around the expansion would allow the college to use the additional tax revenue to pay for some of the $240,000.00 for training of new workers at Vista. Bill Hayman, Vista Plant Manager, stated that the new jobs were the result of two new product lines at the bakery. He stated that the jobs would mostly be factory positions in maintenance, packaging, and machine operation, and would range in an hourly wage of $6.25 to $9.00 an hour. Council Member Edwards stated that he was happier with the wages outlined by Vista than previous information he had received. He still stated concern for a family trying to buy a home on $10.00 an hour. He stated that he would like to see Council adopt a future policy that would drive wages up. Council Member Wright stated that he did not want the City to drive away businesses from coming to Burlington because there is a set policy for wages. Jeff Heland representing the Des Moines County Labor Council stated that the Council should encourage economic development efforts, but should also be careful as to how the City uses that money. He stated that families need to be able to raise their children, buy transportation, and send their children to college. He challenged Council to justify their votes. He stated that it was not about an existing business, but how tax dollars were being used for TIF. Dave Walker, Chairperson of BADCO, stated that Vista Bakery has been a long standing employer for Burlington. He stated that Vista has a good track record at being a good corporate citizen. Andy Anderson of 119 South Adams stated that he would like to know what kind of training would be provided to the 76 employees. Dennis Hinkle stated that training would include upgrading education skills, electrical skills, machine specific training skills, and training on manuals. Ed Mackey of 1220 Virginia encouraged Council to support the request because it would support industrial growth in Burlington. Kim Hunsaker, Chairperson of the Chamber of Commerce stated that this was an example of a local business wanting to improve training of their employees. Council Member Thomas stated his support of the Resolution citing skilled workers would earn better wages and improve their living conditions. He stated that it was a project that Council needed to give their full support. Council Member Henry stated that the lowest entry level worker would make approximately $8.00 an hour with benefits. He stated that Vista's benefits were 40% of their wage. Council Member Edwards stated that he came prepared to vote against the Resolution but would be voting in favor of the Resolution as the wages and benefit were higher than he expected. Council Member Wright stated that 76 people would receive further education to obtain a better job through the program. He further applauded Southeastern Community College and Vista who were willing to train their employees. Mayor Scott stated that the program would be good for Burlington. He stated that the Council supports the efforts made by Southeastern Community College and Vista Bakery. 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 Transfer of Land Title to the Southeast Iowa Regional Airport
Authority
DISCUSSION: The Interim City Manger stated that on July 1, 1996 the Airport Authority was created. He stated that the City has now prepared to transfer the title. Peter Richardson of 2056 Sunnyside and Board Chairperson of the Airport Authority encouraged Council to approve the transfer of the land title to the Southeast Iowa Regional Airport Authority. He stated that the Airport Authority was looking at applying for grants in June, 1998 for their five year CIP. Council Member Henry questioned if the transfer of the land title gets the City out of the Airport business. The Interim City Manager stated that yes it would allow the City out of the Airport business. Council Member Thomas questioned if there would be cooperative agreements between the City and the Airport. The Interim City Manager stated that there would be 28E agreements for services and lease of the Stover building and the Property Maintenance building at the Airport. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Repealing
Chapter 3.44 Mall Advisory Committee of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Chapter 8.28 Alarm Systems of the Burlington Municipal Code
DISCUSSION: The Interim City Manager stated that at the last work session Council Member Wright brought up a suggestion in regard to the fee structure. He stated that at the final reading there would be an amendment which will change the wording in the Ordinance to reflect that there would not be a permit fee, but instead would address the fine structure. He stated that if you don't have a permit and have a false alarm you would pay a higher fee than if you had a permit. Council Member Wright stated that he didn't feel people should have to pay money for a permit to the City just because they have an alarm. He stated that if the owner of the alarm has not registered the alarm with the City then they would end up paying a fee for the false alarm. The Police Chief stated that the amendment to the Ordinance changes the wording under section 8.28.040 A. from "approved alarm business" to "alarm business". John R. Sandell of 2803 West Avenue stated that the only problem with the definition of the amendment was that his neighbor could come over install an alarm and consider themselves an alarm business. He stated that there was no accountability. He stated that the amendment was an improvement. Council Member Henry made a motion to amend Section 8.28.040 A. False Alarms - Inspection and Instruction of the Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code. Council Member Thomas seconded the motion. After roll call vote by the City Clerk the motion was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
3. Motion to Amend Section 8.28.040 A. False Alarms - Inspection and Instruction of the
Ordinance Amending Chapter 8.28 Alarm Systems of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
4. Motion for Final Adoption of An Ordinance Amending Chapter 15 of the City of
Burlington Plumbing Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Motion for Final Adoption of An Ordinance Adopting a Code of Ordinances for the City
of Burlington as Required and Provided in Section 380.8, Iowa Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Providing that Ordinance No. 3081, 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 Not Be Published Until March 2, 1998
DISCUSSION: The Interim City Manager stated that back on September 2, 1997 the City Council adopted an Ordinance Creating Two-Mile Zoning in the Area of Unincorporated Des Moines County for publication on February 1, 1998. He stated that the reason for the delay in publication was to allow the County time to adopt zoning for the County. He stated that the proposed Resolution would delay the zoning to March 2, 1998. He stated that City staff has a couple of concerns in regard to the County zoning and those issues have been addressed in a letter to the Board of Supervisors. Mayor Scott questioned if the concerns of staff have been brought before legal counsel. The Interim City Manager stated that staff has checked with legal counsel and that if the County is zoning only the 2 mile area as their first step toward the entire County being zoned the City would be okay with that. He stated that if it is the intention of the County to only zone the two-mile area then the City would have a problem with that. Mayor Scott stated that Council would have to wait and see what happens. Council Member Henry stated that at the next work session the Council should consider suspension of the City's Ordinance until the County's Ordinance has been determined invalid. Council Member Thomas thanked the Development Director, volunteers, and Des Moines County for their spirit of cooperation. 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 Urban Revitalization Tax Exemptions Pursuant to Chapter 404 of
the State Code of Iowa (Tax Abatements)
DISCUSSION: The Interim City Manager stated that by February 1 of each year the City needs to approve the Urban Revitalization Tax Exemptions. He stated that in regard to Orchard Meadows since the condos were being sold it was determined that the tax abatements be allowed. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
3. A Resolution Establishing a New Fee and Charge Schedule for Flint Hills Municipal Golf
Course Effective January 1, 1998
DISCUSSION: Mayor Scott stated that it was his feeling that the City should not be retroactive with the new fee and charge schedule for Flint Hills Municipal Golf Course due to staff presenting the new schedule to the Council so late. He stated that the Flint Hills Municipal Golf Course Advisory Board had submitted the new fee and charge schedule to the City back in October, 1997.
Council Member Henry made a motion to Amend Paragraph Four of the Resolution To Establish a New Fee and Charge Schedule for Flint Hills Municipal Golf Course Effective January 1, 1998 by adding: "and that the new fee and charge schedule apply to purchases made on and/or after January 21, 1998. The motion was seconded by Council Member Wright. After roll call vote by the City Clerk the motion was approved unanimously. The Interim City Manager reminded Council that while some of the fees percentages appear high in dollar amounts it ends up being $.50 to $.75. He stated that in next year's budget staff has recommended increasing the wage rates for labor at the Golf Course from $5.00/$5.50 an hour to $7.50/$8.00 an hour for the simple reason that the City cannot hire qualified people at the lower pay scale. Keith Gardner of 1302 South 12th Street stated his concern for the 50% increase in trail fees. He stated that the $1.00 surcharge should be charged to junior golfers. Mayor Scott stated that the Golf Course Advisory Board has been conservative the past few years with their increases per Council's request. He stated that the fees were appropriate with area golf courses. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
4. Motion to Amend Paragraph Four of the Resolution To Establish a New Fee and Charge
Schedule for Flint Hills Municipal Golf Course Effective January 1, 1998 by adding: "and
that the new fee and charge schedule apply to purchases made on and/or after January 21,
1998.
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Resolution Approving the Collective Bargaining Agreement between the City of
Burlington, Iowa and Local 7176 of the Communications Workers of America, AFL-CIO,
July 1, 1998 - June 30, 2000
DISCUSSION: Mayor Scott stated that he requested the removal of the Resolution Approving the Collective Bargaining Agreement between the City of Burlington, Iowa and Local 7176 of the Communications Workers of America, AFL-CIO, July 1, 1998 - June 30, 2000 for discussion as he had some objections. He stated that it was his desire that police officers and communication operators be paid a fair market value. He stated that he was not happy with the agreement. The Interim City Manager reminded the Mayor and Council that the collective bargaining agreement was mutually agreed to by the City and the CWA and that both parties were happy with the agreement. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Adjournment: 10:53 p.m. Approved: February 2, 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
- A Resolution Approving Final Acceptance, Release of Retention Monies, and Authorizing
Acceptance of Supplemental Contract for the 1997 Miller Street Paving Improvements,
Dunham to Crestview
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTION:
1. Resolution to Establish a New Fee and Charge Schedule for Dankwardt Park Pool
SET DATE FOR PUBLIC HEARINGS:
1. Consideration of the Plans and Specifications for the 1998 Angular and Main Intersection
Improvements (February 2, 1998)
2. Consideration of the Plans and Specifications for the 1998 Police Department Heating
and Air Conditioning, Phase II (February 2, 1998)
APPOINTMENTS:
Flint Hills Advisory Committee: Tom Lietsch, Keith Gardner, and John O'Neill
Historical Preservation Commission: Angela Adams
Human Right Commission: Edward Mackey