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. 22

November 16, 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

RESOLUTION:

1. Resolution Approving Appointment of Chief of Police

DISCUSSION: The City Clerk swore in David Wunnenberg as Chief of Police for the City of Burlington. The new Chief of Police thanked the City Manager, Mayor and Council for their support. He stated that he would not let them down and would do his best for the department. Council Member Thomas stated that Burlington should feel proud that we have one of Burlington's own as Police Chief. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

INTRODUCTION of Kirk Danforth, General Manager for the Burlington Regional Rec Plex

DISCUSSION: The Parks and Recreation Director introduced Kirk Danforth as the General Manager for the Burlington Regional Rec Plex. He stated that he was from Champagne, Illinois. Kirk Danforth stated that he was excited about working at the new complex. He stated that there was an open house on November 1, 1998 where many people toured the complex. He stated that the fund-raising committee has received more than $200,000.00 in corporate donations and contributions. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

PRESENTATION: Certificates of Graduation from Citizen Police Academy

DISCUSSION: The Chief of Police and Lieutenant Bell presented certificates of graduation from the Citizen Police Academy to the following individuals: Mike Brouwer, Andy Anderson, Mike Hoffman, Ira Stewart, Jo Kreuzenstein, Donald Lofgren, Dan Dalziel; Tina Kelley, Steve Swafford, and Jeff Underwood. The Chief of Police stated that this was the sixth citizen's academy that has graduated from the police department. The Mayor and Council congratulated the individuals that graduated from the citizen police academy. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

PRESENTATION by the Burlington Jaycees

DISCUSSION: Kathy Evert representing the Burlington Jaycees thanked the City of Burlington, and the Friends of the Depot for allowing the Jaycees to sponsor the haunted house. She presented a check to the Youth Director in the amount of $1,810.00. She stated that she had taken out $45.00 for her to join the Burlington Jaycees as their newest member. The Youth Director thanked the Jaycees for sponsoring the haunted house and for their donation. She stated that she had a lot of fun spooking those that attended the haunted house. Council Member Wright commended the Youth Director for all of the hours that she spent helping at the haunted house. Mayor Scott stated that it was great to have a haunted house for area youth. 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

HEARINGS:

1. Statement: Consideration of An Ordinance Amending Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of Burlington as Required per Chapter 3.16 of the City Municipal Code - the Amendment is to Establish a Land Use Plan for the Area Known as the Southwest Subarea Identified by the Area Bordered by West Avenue on the North, Gear Avenue to the West, 65th Street to the South and Highway 61 to the East

COMMENTS: The Development Director reviewed to the Council and the viewing audience the proposed land use plan for the southwest subarea. He stated that the area known as the southwest subarea was identified by the area bordered by West Avenue on the north, Gear Avenue to the West, 65th Street to the South and Highway 61 to the east. He stated that the new land uses include industrial, commercial, multi-family and residential south along U.S. 61, single-family residential to the south, and a mix of single-family and multi-family uses to the north and west. Don Pierson of 914 Canterbury Drive stated that he was in favor of the proposed Ordinance. Warren Fritz of 1257 West Avenue stated his concern for the excess water which will run off from parking lots, driveways and new homes. Marvin Woodward of 7028 South Gear stated that the City needed to develop the farmland that is located in the middle of Burlington before it moves out to his farmland that his family has lived in for decades. Mervin Klees of Augusta Road agreed with the comments made by Mr. Woodward. Council Member Wright stated that Atlanta, Georgia was a good example of poor planning. He stated that the Council needed to look at how Burlington is going to grow over the next twenty years. He stated that storm water management was a must. He further stated that he supported the proposed Ordinance. Mayor Scott stated that it was important that Council plan for the future of Burlington. He praised the Plan Commission for listening to the public and the Development staff for doing a good job developing the plan for the southwest subarea. Council Member Thomas stated that he hoped the proposed plan would provide for good planning. 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 Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of Burlington as Required per Chapter 3.16 of the City Municipal Code - the Amendment is to Establish a Land Use Plan for the Area Known as the Southwest Subarea Identified by the Area Bordered by West Avenue on the North, Gear Avenue to the West, 65th Street to the South and Highway 61 to the East

DISCUSSION: Council Member Henry stated that he would like to discuss storm water management to some extent at the second reading of the Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

2. Statement: Consideration of An Ordinance Amending Sections 10.48.010, 10.48.020, 10.48.060, 10.48.070, and 10.48.260 of Chapter 10.48 Parking Enforcement of the Burlington Municipal Code

COMMENTS: The Public Works Director stated that the proposed Parking Enforcement Ordinance consists of the following changes: enlarges the Persistent Violator Program to cover all of the downtown; standardizes all downtown parking violations to $3.00; and returns parking lot no. 1 (behind Fox/Expert Tire) to a free lot. He stated that the proposed changes to the Parking Enforcement Ordinance were recommended to the City by a consultant hired by Downtown Partners, Inc. Council Member Edwards stated that he did not like parking meters. He stated that he would like to the Finance Director to track the parking revenue base to see if in time the City can provide for a couple more free downtown parking lots. Council Member Wright agreed with Council Member Edwards. 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 Sections 10.48.010, 10.48.020, 10.48.060, 10.48.070, and 10.48.260 of Chapter 10.48 Parking Enforcement of the Burlington Municipal Code

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

3. Statement: Consideration of the Submission of a Housing Fund Grant Application to Request Funding Assistance for Rehabilitation of Homes in the Saunderson Heights Neighborhood

COMMENTS: The Development Director stated that the City was applying for a housing fund grant application to request funding assistance for rehabilitation of homes in the Saunderson Heights Neighborhood. He stated that the grant monies are intended to help finance the rehabilitation of approximately 20 owner-occupied housing units in the Saunderson Heights neighborhood. He stated that the proposed work is a continuation of improvements identified as priorities in the Saunderson Heights Neighborhood Action Plan. He stated that the project will include a grant of $544,000.00 from the Iowa Department of Economic Development and $30,000.00 from the City of Burlington. He stated that 100% of the people benefitting from this project will be persons of low-moderate income. He stated that the application was due at the Iowa Department of Economic Development by December 1, 1998. He further stated that there would be no displacement of individuals or families as a result of the project. Council Member Edwards stated that it was a good project for individuals and families that cannot afford to maintain their homes. He stated that these were hard-working people who do not make a liveable wage. He stated that it was a super project for the Saunderson Heights neighborhood. He stated that he supported the project 100% and hoped that Burlington would receive the grant monies. Council Member Thomas stated that he had spoken with two ladies from the second targeted neighborhood and they felt the monies should go to the Saunderson Heights neighborhood. He stated that he agreed with the two ladies that he had spoken with. He stated that he hoped the grant monies would not go to the wrong people. The City Manager stated that the applicant must fill out a detailed application showing their assets and that their application is screened for qualified low-moderate income individuals/families. Council Member Henry suggested that the City apply for a grant next year that would include a mix of rehabilitation and new construction. Mayor Scott stated that in the future he would prefer to see a revolving loan program over just giving the grant monies away, but he did give his support of the grant program. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

Resolution Agreeing to Provide the Local Match for the 1999 Community Development Block Grant Project

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

ORDINANCES:

1. Motion for Final Adoption of An Ordinance Amending Chapter 10.64 Snow Emergency Regulations of the Burlington Municipal Code

DISCUSSION: Mayor Scott stated that the proposed Snow Emergency Regulations Ordinance provides for the following: changing the amount of snow from 3 inches to 2 inches before a snow emergency can be declared; raising fines from $5.00 to $25.00 which will allow street crews to be more efficient and will be safer for citizens driving on the city streets; authorization of the Police Department to have vehicles towed during a snow emergency; and additional streets added to the snow emergency route. He further stated that additional streets were added to the snow emergency route. 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 Amending Section 12.16.080 Removal of Ice, Snow and Debris of Chapter 12.16 Street and Sidewalk Use Regulations of the Burlington Municipal Code

DISCUSSION: Mayor Scott stated that the proposed Ordinance prohibits property owners from piling or shoveling snow onto City streets. He stated that the Ordinance was needed as it was a public safety issue. Council Member Henry urged property owners to shovel snow off of their sidewalks also. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

3. Motion for Final Adoption of An Ordinance Repealing Chapter 15.28, 8.04, 15.24, Section 320 of Chapter 9.04, and Chapter 8.16 of the Burlington City Code and Adopting Chapter 15.24 Part I Abandoned or Unsafe Buildings, Part II Environmental Nuisances, and Part III Housing

DISCUSSION: The Chief Code Inspector presented a slide presentation of various abandoned or unsafe buildings located throughout Burlington. The City Manager stated that the slides show the types of buildings that need to be addressed by the proposed Ordinance. Scott Hazell of 906 North 5th Street questioned if the homes boarded up were delinquent in their taxes. The Chief Code Inspector stated that at least 50% of those homes shown on the slides were delinquent in their taxes and have nuisance abatements assessed against their properties. Council Member Henry stated that he received two to three phone calls a day in regard to abandoned or unsafe buildings. He stated that the proposed Ordinance was long overdue. He further congratulated the Chief Code Inspector and the City Attorney for their drafting of the proposed Ordinance. Council Member Thomas echoed Council Member Henry's comments. Council Member Edwards stated that he received many phone calls in regard to abandoned or unsafe buildings. Council Member Wright stated that he didn't care if the properties shown on the slides had their property taxes paid or not. He stated that it was not fair to abutting neighbors that have to live next to an abandoned or unsafe building. Mayor Scott stated that the Council cannot let others stand in the way of cleaning up Burlington. He further stated that the Council needed to decide upon an amount of monies that they will budget for demolition of these homes. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

4. Motion to Amend Section 15.24.102 Purpose and Scope and Section 15.24.106 Authority of the Proposed Ordinance Chapter 15.24 Part II Environmental Nuisances

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

RESOLUTION:

1. Resolution Approving CIP for 1999-2004

DISCUSSION: The City Manager stated that the capital improvements program expenditures for fiscal year 1999 to 2004 was $67,363,528.00 down 3.61%. He reviewed with Council and the viewing audience the general assumptions; funding considerations (debt, sales tax, road use tax, and other); proposed changes for fiscal year 1999/2000; and the proposed changes for the five-year plan. The Finance Director reviewed with Council and the viewing audience the following: a debt capacity graph; non-voted levy 1998-2013; local option sales tax; sales tax allocation 1999-2000; and RUT comparison. The City Manager stated that the proposed capital project spending for fiscal year 1999-2000 was $11,799,550.00. He stated that the major changes for fiscal year 1999-2000 was as follows: street program $160,000.00; parking lots $3,000.00; public works equipment replacement $5,500.00; southeast sewer $375,000.00; housing assistance $90,000.00; energy generator $75,000.00; master park trail system $75,000.00 for a total of $783,500.00. He stated that the major changes for fiscal year 1999/2004 was as follows: sanitary/storm sewer $1,342,500.00; ambulance replacement <$113,000.00>; sports complex <$436,300.00>; riverfront improvements <$330,000.00>; street program <$816,694.00>; housing assistance $450,000.00; building maintenance $200,000.00; wastewater plant $302,000 for a total of $598,506.00. Council discussed the idea of making the depot a council priority and coming up with a plan for use of the depot. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

COMMENTS FROM AUDIENCE: None.

Adjournment: 10:03 p.m. Approved: December 7, 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

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

REPORTS AND BONDS

RESOLUTION:

1. A Resolution Approving the Official Name of the Burlington Regional Recplex

PETITION:

1. Motion to Receive and File Petition from Citizens Requesting a Stop and Go Traffic Signal at the Intersection of Division and Plane Streets

SET DATE FOR PUBLIC HEARING: December 7, 1998

1. Consideration of an Ordinance Amending Ordinance 3057 and Repealing Ordinance 3076 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

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