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. 23
December 7, 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: Bill of Rights Day - Dan Hockett
CERTIFICATE OF APPRECIATION: John McCormick, Park Advisory Committee
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
HEARING:
1. Statement: 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
COMMENTS: The City Manager reviewed with Council and the viewing audience how tax
increment financing enables a city to use property tax dollars produced from new private
development to pay for certain public improvements, and to provide assistance for private
development within an urban renewal area. He stated that Burlington currently has two
downtown TIF areas. He stated that the proposed Ordinance would create one expanded
downtown TIF area. He stated that the rationale for the proposed boundaries were the required
compliance with the City's current urban renewal area boundaries and current property values.
He further stated that the purposes of the proposed TIF area would provide for the following: pay
the cost of urban renewal projects; planning and administration of urban renewal plans and
projects; construction of public improvements in urban renewal areas (streets, water, sewer,
sidewalks, etc.); land acquisition in preparation for disposition to a private developer; economic
development grants and loans; and would provide a local match for CEBA, CDBG, or RISE.
Jerry Jochims, of the Downtown Partners Board, stated that he would like to see the proposed
TIF district expanded to Hawkeye Street which would include all of West Jefferson Street. The
City Manager stated that the Council could amend the district at the second reading of the
Ordinance. John R. Sandell of 2803 West Avenue questioned how the new district would affect
taxes that went to the school district, the county or the community college. The City Manager
stated that additional increment generated in the new district would go strictly to the City, but
other entities would receive their same share. 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 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
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second 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: The Development Director stated that the proposed 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. The Public Works Director stated that State Code Section 468.621 states that the owner is not liable in damages for the drainage unless it increases the quality of water or changes the manner of discharge on the land of another. He stated that the City has not formally adopted an official storm water plan. He stated that the City's practices the following in regard to storm water drainage: residential storm sewer systems are designed to handle a five-year storm event; commercial/industrial storm sewer systems designed to handle a ten-year storm event; storm water detention has been required on any new development since the late 1980's; and since 1995 when the previous City Engineer left, developers have been required to provide evidence that the rate of runoff from a five-year storm after development will be less than before development. He further reviewed various private constructed detention basins and various City constructed detention basins with Council and the viewing audience. Don Pierson of 914 Canterbury Drive stated that he was in favor of the proposed Ordinance. He stated that the holding pond behind the jail was not finished. The Public Works Director stated that the holding pond behind the jail would be finished prior to the spring rains. John R. Sandell of 2803 West Avenue questioned when the land receives its zoning categories. The Development Director stated that land was currently under Des Moines County's jurisdiction and future developments will be required to annex into the City to have the land rezoned for certain uses. 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 Preliminary Adoption of the Second 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: 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. Jerry Jochims stated that the Downtown Partners Parking Committee has endorsed the proposed Parking Ordinance. Council Member Edwards stated 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. 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 10.48.010 Definitions of the Proposed Parking Enforcement
Ordinance
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution to Eliminate Storage of Private Golf Cars at Flint Hills Municipal Golf Course
Beginning in the Year 2000
DISCUSSION: Mayor Scott stated his concern that a local citizen has forced both the Flint Hills Advisory Board and the City Council to a decision point regarding the elimination of storage of private gold cars at Flint Hills Municipal Golf Course. He stated that he was going to encourage private storage of golf carts for those individuals that have been grand fathered in by the City by previous councils. He stated that through attrition those spaces would be eliminated. Mike Werner of 313 Longmeadow, West Burlington stated that he was one of ten golf car owners. He stated that Mr. Gardner who approached the City had not golfed at Flint Hills Golf Course this pass year. He stated that Mr. Gardner was a member at Henco Hills Golf Course. The Parks and Recreation Director stated that one individual has brought up the subject of the elimination of storage of private golf cars. Council Member Thomas stated that Mr. Gardner has the right to voice his concerns and the City has the right to answer his letters. He stated that it was wrong to target one individual. He further stated that he would vote against the eliminating the storage of private golf cars at Flint Hills Golf Course. Council Member Edwards stated that he was not yet convinced that the City does not make any monies by having private golf cars at Flint Hills Golf Course. He stated that he would not support the Resolution. Council Member Henry also stated that he would not support the proposed Resolution. Council Member Wright stated that he didn't like the idea that the Advisory Committee and the Council was forced into making a decision by one individual on an issue that had previously been made by a prior council. He stated that he did not want to see the issue bought up again. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "NAYS") FAILED
2. Resolution to Establish A New Fee and Charge Schedule for Flint Hills Municipal Golf
Course Effective January 1, 1999
DISCUSSION: The City Manager stated that the proposed Resolution establishes a new fee and charge schedule for Flint Hills Municipal Golf Course. He stated that the fees were being increased by approximately 3%, except junior season passes, which were being raised 26.7% and college students season passes were being raised 11.1%. The Parks and Recreation Director stated that the reason for increase in fees was due to increasing the wages of the seasonal help at the golf course. Council Member Edwards stated that the City would absorb the additional $.01 sales tax should the local option sales tax for the schools pass on December 15, 1998. Ed Mackey of 1220 Virginia stated that he did not feel people should have to give up their private golf carts. Mayor Scott stated that the fee increase was consistent with Council's policy of small incremental increases. Council Member Wright questioned why the golf car rentals were not being raised. The Parks and Recreation Director stated that the fee increases were recommended by the Flint Hills Golf Advisory Board and were in line with other community golf courses. He further commended the Flint Hills Golf Course Advisory Board and City staff for the improvements that have been made at the golf course. The City Manager stated that the fee and charge schedule was fair and competitive with other municipal golf courses. 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: John R. Sandell of 2803 West Avenue stated that he had a
problem with Council Member Edwards giving a political speech during the 6:00 p.m. call-in
show. He suggested that Council Member Edwards speak from the podium as a citizen when
giving a political speech. Mayor Scott stated that he was not going to tie the hands of Council
Members during the 6:00 p.m. call-in show, if they are not taking up the time of citizens
speaking. Roy Pease stated that he didn't feel the purpose of Flint Hills Municipal Golf Course
was to make a profit as it was for the use of the public. He stated that if the golf course was
making a big profit then the City should lower the cost of golfing for the public. All present
had opportunity to speak and nothing additional was filed in the office of the City Clerk.
Adjournment: 8:55 p.m. Approved: December 21, 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 and Release of Retention Monies for the 1997 Agency and Curran Street Traffic Signalization
* Resolution Approving Final Acceptance and Release of Retention Monies for the 1998 Mason Road Detention Basin Construction
* Resolution Approving Final Acceptance and Release of Retention Monies for the 1997
Agency & West Burlington Avenue Intersection Improvements
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
PETITIONS:
1. Motion to Receive and File Petition from Property Owners Requesting an Improved Street
to Include Standard P.C. Concrete Curb and Gutter and 8"of Asphaltic Concrete or full
width PC Concrete Located at Hedge between 13th and 14th Streets by Requesting
Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost
for the Concrete Work as Contracted, the ACC Material, and other Project Costs as may be
Necessary
2. Motion to Receive and File Petition from Property Owners Requesting an Improved Street
to Include Standard P.C. Concrete Curb and Gutter and 8"of Asphaltic Concrete or full
width PC Concrete Located at Steuben Street from Vogt Street to Grube Street by
Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25%
of the Cost for the Concrete Work as Contracted, the ACC Material, and other Project Costs
as may be Necessary
3. Motion to Receive and File Petition from Property Owners Requesting an Improved Street
to Include Standard P.C. Concrete Curb and Gutter and 8"of Asphaltic Concrete or full
width PC Concrete Located at Alley from West Avenue to Chamberlin Street between
White Street and Summer Street by Requesting Participation in a Cost Sharing Program and
Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the
ACC Material, and other Project Costs as may be Necessary
4. Motion to Receive and File Petition from Property Owners Requesting an Improved Street
to Include Standard P.C. Concrete Curb and Gutter and 8"of Asphaltic Concrete or full
width PC Concrete Located at Alley between Racine Avenue and Douglas Street from
Lenox Avenue South to Dead-end by Requesting Participation in a Cost Sharing Program
and Voluntarily Agree to Pay for 25% of the Cost for the Concrete Work as Contracted, the
ACC Material, and other Project Costs as may be Necessary
RESOLUTIONS:
1. Resolution Accepting Projects for Inclusion in the 1999 Residential Street Improvement Program
2. Resolution Approving Change Order No. 8 for the Construction of the Burlington Regional Rec Plex at Flint Ridge Business Park
3. Resolution Approving Issuance of Taxicab License for Ashley Bailey dba/Reliable Cab
4. Resolution Approving Planning Grant Agreement between Iowa Emergency Management Division and the City of Burlington, Iowa with Southeast Iowa Regional Planning Commission Serving as their Authorized Representative for the Hazard Mitigation Grant Program and Contract for Services with the Southeast Iowa Regional Planning Commission