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. 30
March 15, 1999
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 presented all women in
the audience with a rose. The YWCA 5th grade girl's basketball team led the pledge of allegiance
at the opening of the meeting. Council Member Thomas stated that the YWCA girl's basketball
team had five wins, zero losses this past season. He further stated that the young girls were the
future of Burlington. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
BURLINGTON CITY COUNCIL
CERTIFICATES OF APPRECIATION: Mary Wiegard, City Planning Commission
William Lowe, City Planning Commission
PRESENTATION OF SPONSORSHIP FOR THE GREAT RIVER BRIDGE RUN BY
BURLINGTON MEDICAL CENTER
DISCUSSION: Mark Richardson, President of Burlington Medical Center, presented a check in
the amount of $5,000.00 for sponsorship of the Great River Bridge Run. Mayor Scott
encouraged the public and City employees to run or walk in the Great River Bridge Run. He
stated that the event would be held on May 22, 1999 with registration held at Big Muddy's in the
evening of May 21, 1999 and the morning of the event. 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: Mayor Scott reviewed those items listed on the consent agenda. Council Member Henry listed the names of those individuals willing to serve on various boards and commissions. 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 Annexation of Approximately 300 Acres Located South of
West Avenue, North of 71st Street, West of Highway 61 Extending One-Fourth Mile
Continued from the March 1, 1999 City Council Meeting
COMMENTS: Mayor Scott stated that at the March 1, 1999 Council Meeting he had closed
public input on the discussion of the proposed Annexation. He stated that the public would be
able to speak after the Council introduced the approval of the Resolution on the annexation. The
City Manager stated that the City has received a letter of support for the annexation and a petition
from some of the property owners objecting to the proposed annexation. He stated that the City
Clerk has received those records and has made them a part of the record. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Annexation of Approximately 300 Acres Located South of West Avenue, North of 71st Street, West of Highway 61 Extending One-Fourth Mile
DISCUSSION: The City Manager identified the areas of the proposed annexation and the non-petitioned annexed areas to the Council and the viewing audience. He stated that there was an existing non-incorporated island which represents a land area or properties currently receiving City services which the City would support incorporation of, but would not include it as a part of the proposed annexation, and that area would be dealt with by the City Development Board of Des Moines at a public hearing to be held at a later date. He stated that the other two non-petitioned areas would be included in the annexation as the City cannot create a new island. He stated that the proposed Resolution would provide the following benefits and/or commitments to all current improved properties within the proposed annexation: (1) allow the provision for the transition for the imposition of City taxes as provided in Section 368.11, Subsection 13, of the State Code of Iowa, 1997; (2) Allow any current resident a waiver at their request as allowed under the City Code Section 13.16.040 up to a ten (10) year term or grace period from the requirement of hooking onto a currently existing City sanitary sewer and/or water line; and (3) The City will provide all City services to all current residents of this proposed annex area within the time period that is required by law and in accordance with its current adopted Comprehensive Strategic Plan; The City will provide to this proposed annex area police, fire, ambulance, and garbage services upon incorporation into the City limits; It is also the City's intent to provide water and sanitary sewer services to the current residents of this proposed annex area within three (3) years of incorporation or within a reasonable time period of a request to connect to said services by the residents of this proposed annex area. Those who spoke in regard to the annexation were as follows: Jess Anesi of the First Church of Nazarene; Peter Klees of 1164 Augusta Road; Gary Siefken of 11382 Augusta Road; and James and Nancy Franklin of Augusta Road. Jess Anesi of the First Church of Nazarene stated his support for the annexation. He stated that they would like to hook up to City water so that they do not have to dig for a well. Peter Klees did not feel that the present sewer line was deep enough to service his property. Gary Siefken stated that he did not understand why the petitioner of the annexation was not present at the hearing and why the City would want to annex that area. The Franklins questioned how their agricultural land would be assessed. The Finance Director stated that the City's tax rate for agricultural land was three dollars and three eighths cents per thousand dollar assessment compared to the County's tax rate which is much higher. The Mayor stated that he did not know the reason why the petitioner of the annexation was not in attendance at the meeting. He stated that the development has been going west of Burlington and the annexation of the three hundred acres would help spur development for Burlington. After considerable discussion by Council, Council Member Henry made a motion to amend item no. 3 of the Resolution Approving Annexation of Territory by adding the following sentence: The City will prepare a master plan for water and sanitary sewer services to the current residents of the proposed annex area within one year and will provide those services within 18 months of receiving request based on the Master Plan; and to delete the following sentence from item no. 3 of the Resolution Approving Annexation of Territory as follows: It is also the City's intent to provide water and sanitary sewer services to the current residents of this proposed annex area within three (3) years of incorporation or within a reasonable time period of a request to connect to said services by the residents of this proposed annex area. Council Member Edwards seconded the motion. After roll call vote by the City Clerk the motion to amend the proposed Resolution for Annexation of Territory was unanimously approved. Mayor Scott stated that he was very much in favor of the proposed annexation. He stated that he was saddened that people do not want to be a part of the City of Burlington, but understood that people do not want to pay higher City taxes. Council Member Thomas stated that he would be voting in favor of the annexation because it would make Iowa more viable. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Motion to Amend Item No. 3 of the Resolution Approving Annexation of Territory
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
2. Statement: Consideration of Filing of An Application to the Iowa Department of
Transportation for Federal and State Operating Assistance for BUS
COMMENTS: The Administrative Assistant to Public Works Director/Transit Manager stated
that the purpose of the public hearing was to make public the City's intent to apply for financial
assistance through the Iowa Department of Transportation enumerating approximately
$117,538.00 in STA funds, $54,470.00 in federal operating funds, $76,360.00 in capital
assistance funds. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Filing of An Application to the Iowa Department of Transportation
for Federal and State Operating Assistance for BUS
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Ordinance Establishing a New Chapter 13.22 of the
Burlington City Code, Establishing a Storm Water Utility System
COMMENTS: The Finance Director stated that the proposed Ordinance creates a storm water
utility system. He stated that the proposed Ordinance provides that the Council will set fees by
Resolution. He stated that the separate utility fee was designed to pay for the $6,000,000.00 of
the $13,000,000.00 Hawkeye storm and sanitary sewer separation project. He stated that the
other option was to raise the sewer fees by 8%. He stated that the establishment of the storm
water utility system fee schedule would be the most fair fee schedule for citizens. He reviewed
with Council and the viewing audience the proposed fee schedule. Council Member Edwards
stated that the would like to see higher fees for commercial and industrial contributors. Council
Member Wright stated that the would like to see the fee schedule calculated on a square-footage
basis. The Finance Director stated that the plan was to keep the fee schedule simple and to
avoid an increase in staff costs and time. Council Member Thomas stated that he would like to
see the public better educated about the proposed Ordinance. Mayor Scott presented to the City
Clerk a letter from a resident opposed to the storm water utility fee schedule which was made a
part of the official record. He further stated that Council would discuss the fee schedule at future
work sessions. He also stated that he would like to see more "friendly" type of billing where
property owners could pay their water/trash/sewer fees on a monthly, quarterly, yearly basis, or
by bank drafts. 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 Establishing a
New Chapter 13.22 of the Burlington City Code, Establishing a Storm Water Utility
System
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCE:
1. Motion for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Amending Chapter 2.36 Personnel
Regulations of the Burlington Municipal Code
DISCUSSION: Council Member Edwards introduced the motion for preliminary adoption of an Ordinance Amending Chapter 2.36 Personnel Regulations of the Burlington Municipal Code. Council Member Wright seconded the motion. Mayor Scott stated that he would like to see the second reading waived and the Council adopt the final adoption of the proposed Ordinance. Council Member Wright made a motion to amend the Preliminary Adoption of the Second Reading of An Ordinance Amending Chapter 2.36 Personnel Regulations of the Burlington Municipal Code to provide for Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance Amending Chapter 2.36 Personnel Regulations of the Burlington Municipal Code. Council Member Thomas seconded the motion. After roll call vote the motion to amend 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
2. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Amending Chapter 2.36 Personnel Regulations of the Burlington Municipal
Code to provide for Waiver of the Preliminary Consideration and Adoption of the Second
Reading; and for Final Adoption of An Ordinance Amending Chapter 2.36 Personnel
Regulations of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution of Support of Participation in the Iowa Main Street Program and Approving
an Agreement with the Iowa Department of Economic Development, and Downtown
Partners, Inc. For the Purpose of Continuing the Main Street Program in Burlington
DISCUSSION: The City Manager stated that the proposed Resolution provides for Council support of the participation in the Iowa Main Street Program and also approves an agreement with the Iowa Department of Economic Development and Downtown Partners, Inc. for the continuation of the Main Street Program in Burlington. Deb Weeklund of Downtown Partners, Inc. stated that the Main Street Program has been in existence in Burlington for twelve years and a lot of good things has happened to downtown Burlington because of it. She presented to Council Downtown Partners, Inc. 1998 Annual Report. Council Member Thomas stated that he would like to see more activity happen south of the railroad tracks on Main Street. He stated that the area looks blighted. Deb Weeklund stated that she would put that item on the committee's list to spur development in that area. 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: 9:20 p.m. Approved: April 5, 1999
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
RESOLUTIONS:
1. Resolution Awarding Purchase of Four-Wheel Drive Tractor for Burlington Regional RecPlex
SET DATE FOR PUBLIC HEARINGS: April 5, 1999
1. Consideration of Plans and Specifications for the 1999 Saunderson Heights Decorative
Lighting Project
2. Consideration of An Ordinance Amending Sections 3.50.010 Created - Composition and
3.05.040 E. and F. Powers and Duties of Chapter 3.50 Youth Commission of the
Burlington Municipal Code
3. Consideration of An Ordinance Vacating Portion of Ordnance Court Right-of-Way
Located Between Columbia and Agency Streets
4. Consideration of An Ordinance Amending Chapter 17.16 of the Burlington Municipal
Code to Rezone Approximately 2 Acres of Land, Lots 53 through 58 located in Flint Hills
Manor at the Southeast corner of Roosevelt Avenue and Agency Street from R-3
(Apartment Residential) to C-2 (General Commercial) Zoning District, with Conditions
5. Consideration of An Ordinance Amending Chapter 17.72 Special Use Regulations of the
Burlington Municipal Code to Provide for the Separation of Motorized and Non-Motorized Vehicles as Allowed Within the City of Burlington
6. Consideration of An Encroachment Agreement with A.Y. McDonald Supply Company to
Allow for Seven Parking Spaces within City Right-of-Way located at 2830 Mt. Pleasant
Street
APPOINTMENTS:
Human Rights Commission: Michael McCollough
Park Advisory Committee: Debbie Mosley-Nelson
City Planning Commission: Terry Leekbee
Board of Electrical Examiners: John Bentler