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. 29
March 1, 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. The Finance Director introduced Rich
Johs as the new Information Services Manager for the City of Burlington. He stated that he
would be starting with the City on March 24, 1999. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
BURLINGTON CITY COUNCIL
PROCLAMATION OF APPRECIATION: Captain Robert Sloan, Jr., Police Department
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. He further asked the City Clerk to administratively change the misspelling of Thomas L. Schockley owner of Naifeh Foods listed on the Resolution approving Beer/Liquor licenses on the consent agenda. Mayor Scott welcomed Boy Scout Troop No. 3 to the Council Meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 "AYES") CARRIED
PRESENTATION FROM DPI - HIGHWAY 34 LANDSCAPE DESIGN PROJECT
DISCUSSION: Deb Weeklund, Director of the Downtown Partners stated that the Highway 34
Landscape Design Project would be funded by the Iowa Department of Transportation in the
amount of $3,600.00, City of Burlington in the amount of $1,000.00 and the remainder of the
project by Downtown Partners, Inc. She stated that phase I of the project was the design and
phase II was implementation of the project. Susan Diehl of 910 North Street presented to
Council and the viewing audience the history of Highway 34 landscape design project and Steve
Brower presented the design for the project. Susan Diehl stated that the project would give those
entering Burlington a great vision of Burlington. Steve Brower presented a site analysis of the
proposed design. He stated that the landscape design would create a prairie type landscape with
prairie grass, prairie wildflowers and oak trees. He stated that the Iowa Department of
Transportation encourages the use of prairie grass. He stated that maintenance would include
possible mowing in some areas twice a year and burning maintenance once every three to seven
years. He stated that signage along Highway 34 will include clustering of signs to allow for less
signage. Council Member Henry questioned if the new signage would meet Iowa Department of
Transportation requirements. Steve Brower stated that he has discussed the new signage with the
Iowa Department of Transportation and their requirements. Council Member Thomas questioned
if there would be any fund raisers for the project. Steve Brower stated that there would be fund
raisers for the project and an endowment for future maintenance of the project. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
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
COMMENTS: The City Manager stated that the City received a joint petition from Donald
Pierson and Design Homes to annex approximately 300 acres into the City of Burlington. He
stated that the voluntary annexation would create several islands of Des Moines County land
which would not be allowed according to the City Development Board in Des Moines, Iowa. He
stated that the proposed annexation hearing includes the forced annexation of the islands. He
stated that the City Development Board would hold a public hearing in Burlington for affected
property owners to state their concerns. He stated that the City Clerk received one written
comment from Tom and Mary Ann Gall which has been made a part of the record. Those who
spoke in regard to the annexation were as follows: Dan Gulick of 11276 West Avenue; Gary
Siefken of 11382 Augusta Road; Jack Trail of 11362 West Avenue; James Franklin of West
Avenue/Augusta Road; Tom Gall of 7107 Highway 61; and Rolland Fritz of 5959 Hunt Road.
Dan Gulick presented Council with a petition from property owners located on the north side of
West Avenue protesting the annexation of their properties. Many of those who spoke stated that
they were against being annexed into Burlington and did not see how being annexed into
Burlington would benefit them at this time; and questioned a homeowner's cost to hook up to
City services such as water and sewer, when those services would be available to them, street
upgrades and maintenance, and how taxes would be transferred between the County and the City.
The City Manager stated that State Code allows Cities to use an annual sliding scale so the City's
full higher tax rate is phased in over a period of five years. The Development Director stated that
the State Code recognizes five years as a reasonable time that the City would have a commitment
in their capital budget to provide City services to those being annexed. He emphasized that it did
not mean that those being annexed would have those services within five years, but they would
have to have a plan established within five years. Mayor Scott stated that he would like to speak
with legal counsel to see if he has a legal reason to abstain from voting on the annexation due to
a relative of his living in the affected island area. He made a motion to continue the hearing to
the March 15, 1999 City Council Meeting. Council Member Thomas seconded the motion.
After roll call vote the motion was approved by a four to one vote with Council Member Henry
voting against the motion to continue the hearing. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
Motion to Continue Hearing to the March 15, 1999 City Council Meeting
DISCUSSION: None.
(VOTE: 4 - "AYES" EDWARDS, SCOTT, THOMAS, AND WRIGHT
1 - "NAY" HENRY) CARRIED
2. Statement: Consideration of An Encroachment Agreement with MetroPlains Properties, Inc.,
Jack R. and Nancy L. Hobbs and McArthur and Constance Coffin for property located at the
Intersection of Third Street and Market Street, known as the Archer Building
COMMENTS: The City Manager stated that the proposed Resolution provides for the approval
of an encroachment agreement with MetroPlains Properties, Inc., Jack and Nancy Hobbs and
McArthur and Constance Coffin for encroachment of the Archer building. He stated that when
the Archer building was constructed it had encroachment onto property owned by the City,
Hobbs and Coffins by approximately several inches. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving An Encroachment Agreement with MetroPlains Properties, Inc., Jack R. and Nancy L. Hobbs and McArthur and Constance Coffin for property located at the
Intersection of Third Street and Market Street, known as the Archer Building
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
3. Statement: Consideration of Plans and Specifications for the 1999 CDBG Sewer Project,
Phase III
COMMENTS: The Public Works Director reviewed the plans and specifications for the 1999
CDBG Sewer Project with Council and the viewing audience. He stated that the Public Works
Department hand delivered 265 letters to affected property owners explaining the project. He
stated that the project consisted of Division I in the amount of $1,300,000.00; Division II in the
amount of $180,000.00; and Division III in the amount of $220,000.00 for a total of
$1,700,000.00. He stated that funding for the project included $800,000.00 Community
Development Block Grant and $900,000.00 from sewer revenue bonds. He stated that the project
was designed by Bob Carhoff, City Engineer. He stated that bids would be received on March
30, 1999 with the project being awarded on April 5, 1999. He further stated that construction
would commence the end of April or the beginning of May, 1999. Council Member Thomas
questioned if there would be any property owners affected by the construction. The Public
Works Director stated that there would be a time when some of the property owners will be
unable to flush their toilets or do any laundry for a few hours during the construction. 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 1999 CDBG Sewer Project, Phase
III
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
4. Statement: Consideration of An Ordinance Amending Chapter 2.36 Personnel Regulations
of the Burlington Municipal Code
COMMENTS: The Personnel Director reviewed with Council and the viewing audience the three
changes to Chapter 2.36 Personnel Regulations of the Burlington Municipal Code as follows: the
section regarding political activity by City employees would be taken out of the Code and would
become an administrative policy with the exact same language, which mirrors the State Code; the
residency requirement would also be removed from the Code and would also become an
administrative policy but the new policy would provide that all City employees live in Iowa and
in Des Moines County or within ten air miles of Burlington with the exception of department
heads, police officers, firefighters and other critical employees as determined by department
heads who would be restricted to live in Iowa and within ten air miles of Burlington; and the
removal of the job description of the Personnel Director from the City Code. She stated that the
residency requirement dates back to 1970 and the original intent of the residency requirement
was to provide employment to people living in and adjacent to Burlington. She stated that the
requirement was outdated and too restrictive with the unemployment rate so low the City needs a
larger pool of applicants to hire from. The City Manager stated that the present residency
requirement provides that all city employees live in Iowa and within ten air miles of Burlington.
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
2.36 Personnel Regulations of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
5. Statement: Consideration of Fiscal Year 1999-2000 Budget
COMMENTS: The City Manager and the Finance Director reviewed the fiscal year 1999-2000
budget with Council and the viewing audience. The City Manager stated that the proposed
budget for fiscal year 1999-2000 was $35,910,839.00 down $2,095,001.00. He stated that the
taxable property valuation was $587,232,170.00 up $28,856,192.00 or 5.2%. He reviewed with
Council the property valuation change from fiscal year 1991 to fiscal year 2000 and the property
tax comparison. He stated that the proposed property tax levy was $12.28 up $.15. The Finance
Director stated that the general fund totaled $11,901,449.00 which consisted of the following:
increase of $379,785.00 or 3.29%; 3% salary increase $185,530.00; property taxes up
$264,898.00 or 4.9%; Information Services Manager $52,84500; increased capital equipment
outlays $31,455.00; increased public lighting $15,000.00; Snake Alley study $10,000.00; and
Human Right Commission up $4,000.00. He reviewed those expenditure requests not funded;
the sales tax fund; the sewer fund; the capital projects fund; and the sales tax allocation. The
City Manager stated that outside agencies were still being funded by the City with an additional
request for $50,000.00 for Community Field with repayment of $10,000.00 each year to the City
out of their annual allocation. The City Manager stated that the preparation of the budget was a
team effort by each City department, the Finance Director and himself. He hoped the budget
would be well received by Council and the viewing audience. Roxanne Harris representing the
Domestic Violence Shelter applauded Council for their continued support of the shelter on behalf
of those women and children who use the shelter. She stated that the shelter also has information
available to men who are battered. Council Member Henry stated that he will always be a
supporter of the Domestic Violence Shelter. Mayor Scott apologized for comments he made at
the Februry 8, 1999 work session where he called the Library Director's cost for Sunday library
hours "fictitious". He stated that the costs were factual. He further stated that the media failed to
report the rest of his comments at the work session where he stated that about 17% of library
users come from outside of Burlington which would translate to about $200,000.00 of its annual
budget. He stated that the library receives only an estimated $67,000.00 in outside funding to
cover those costs. He stated that if the City had roughly another $133,000.00 it could afford
Sunday hours. He stated that the City contributes $340,000.00 more to the library than the City
of Cedar Falls and $720,000.00 more than the City of Ottumwa, yet many of the cities he
compared Burlington to have Sunday hours. He further stated that the present library was too
small to fulfill the City's mission. Council Member Henry stated that he hoped the citizens of
the community were watching the budget hearing at their homes so that they could be well
informed and involved in the budget. He stated that the approval of the budget would be
televised on March 8, 1999 at 6 p.m. in the Council Chambers. Council Member Thomas ecohed
those comments made by Council Member Henry. Mayor Scott thanked the City Manager, the
Finance Director and staff for their work on the budget and the fine job done by all City
employees. He stated that he could not be more proud of the job that the employees of the City
do. All present had opportunity to speak and nothing additional was filed in the office of the City
Clerk.
Motion to Close CARRIED
1. Resolution to Support Court Proceedings to Protect a City's Right to Maintain the Use and
Control of Rights-of-Way within its Corporate Limits
DISCUSSION: Council Member Henry stated that US West has filed suit against the City of Coralville which challenges the status of Coraville's Right-of-Way Ordinance on the grounds that it violated the Federal Telecommunications Act of 1996; that the requirements of the ordinance are preempted by the state law; and that the Ordinance is inconsistent with US West's perpetual franchise rights. He stated that the proposed Resolution gives support to the City of Coralville in the amount of $1,360.45 to support the court action against US West. He stated that the citizens have the right to protect their City right-of-way within its corporate limits. Council Member Thomas stated that he had researched on the internet the City of Rochester and their requirements for utilities working on their right-of-way. 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: 10:23 p.m. Approved: March 15, 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
MOTIONS:
1. Motion to Receive and File Petition from Concerned Citizens of the 6th and Division Street
Neighborhood Opposed to the Proposed Building of a BMX or Bicycle Race Track in the
Green Space Between 5th and 6th Streets and Division Street
2. Motion to Receive and File Petition from Concerned Citizens Requesting an Amendment be
Made to the Comprehensive Land Use Plan of the City of Burlington, Iowa, Concerning the
Field Bounded by South 14th Street on the East, Hillary Street on the South, Summer Street
on the West, and the National Guard Armory on the North, that this Land be Changed from
a Commercial Recommendation to that of Single-Family Dwellings
3. Motion to Receive and File Petitions 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 Dehn Street from LeSylvia Drive to Herblo Drive by
Requesting Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25%
of the Cost of the Concrete Work as Contracted, the ACC Material, and other Project Costs
as may be Necessary
4. Motion to Receive and File Petitions 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 Dehn Street from Herblo Drive to Bock Street by Requesting
Participation in a Cost Sharing Program and Voluntarily Agree to Pay for 25% of the Cost of
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 Awarding Contract for the 1999 Plane Street Reconstruction and Sewer
Improvements
3. Resolution Awarding Contract for the 1999 West Avenue, Howard to Augusta, PCC
Replacement
4. Resolution Approving An Engineering Services Agreement with NNW Incorporated for the
Preliminary Design Phase of the Central Avenue Overpass Project
5. Resolution of Support for Southeast Iowa Regional Revolving Loan Fund
SET DATE FOR PUBLIC HEARINGS: March 15, 1999
1. Consideration of Filing of An Application to the Iowa Department of Transportation for
Federal and State Operating Assistance for BUS
2. Consideration of Ordinance Establishing a New Chapter 13.22 of the Burlington City Code, Establishing a Storm Water Utility System
APPOINTMENTS
Human Rights Commission: Roxanne Harris
Cable Service Commission: Loren Stein and Mel Schwartz