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Burlington City Council Minutes
Meeting No. 4: February 19, 2008

Subject to change as finalized by the City Clerk.
For a final official copy, contact the City Clerk’s office at (319)753-8124.

MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL

Meeting No. 4
February 19, 2008

The Burlington City Council met in regular session at 7:00 p.m. in the Thomas J.
Smith Council Chambers, City Hall with Mayor Ell, Council Members Davidson,
Murray, Scott and Thomas present.

BURLINGTON CITY COUNCIL

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.

Introduced By: Davidson	Seconded By: Scott	
MOTION: To approve all items listed under Item I., Consent Agenda.

DISCUSSION:  Mayor Ell reviewed the items listed on the consent agenda to the
viewing audience.  Council Member Murray announced those individuals appointed
to various City commissions and boards.  Leon Shahan of 1821 Mt. Pleasant Street
requested the removal of the Resolution Petitioning the Iowa Department of
Economic Development for Certification of a Transportation Enterprise Zone 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	

HEARING:

1. Statement: Consideration of Concept for Speed Zone for Riverfront Area

COMMENTS: The Interim City Manager stated that the Riverfront Committee has
requested a five mile-per-hour speed zone limit adjacent to the Riverfront.  He
stated that the first step in creating a speed zone for the riverfront area is
for Council to hold a public hearing.  The second step would be for the City
Council to approve a Resolution of Council Support for a speed zone for the
riverfront area.  He stated that the City would need to place buoys in the river
at an approximate cost of $300.00 each.  He further stated that $9,000.00 has
been budgeted from the hotel/motel tax from the 2008-2009 budget.  Lisa Walsh of
6172 Nikonha Place urged Council to proceed with the speed zone for the
riverfront area.  She further stated that cheaper buoys are mainly used for
lakes and urged Council to purchase the $300.00 buoy that has been proposed by
the Riverfront Committee.  Sue Frice of 11302 Valley View Lane stated that the
Riverfront Committee has been discussing the issue for a couple of years.  She
stated that a speed zone would be safer for boats loading and unloading. 
Council Member Thomas felt that the speed zone was a safety issue and was very
much needed.  Mayor Ell stated that the speed zone would help preserve the
docks.  Council Member Scott urged Council to pass a Resolution of Support so
that it can be sent to the Department of Natural Resources for approval.  All
present had opportunity to speak and nothing additional was filed in the office
of the City Clerk.
	
Introduced By: Scott		Seconded By: Thomas
	Motion to Close							CARRIED

RESOLUTIONS:

Introduced By: Murray	Seconded By: Scott
1. Resolution to Establish a Dog Park in Dankwardt Park Continued from the
February 4, 2008 City Council Meeting

DISCUSSION: The Interim City Manager stated that he has spoken with the
Burlington Community School District about using the former Horace Mann Middle
School site for a dog park.  He stated that the issue would need to be brought
before the School Board.  He also stated that he spoke with the Airport Manager
about using airport property for a dog park and was told that the Airport
Manager would need to speak with FAA.  He stated that Riverfront Park was not a
good site due to flooding.  He stated that the proposed dog park property would
be too small for use as a National Little League ball diamond without infringing
onto private property.  Those who spoke in favor of using the proposed dog park
property as a baseball diamond were as follows: Adrian Miller of Summer Street;
Bill Wright of 137 Greenbrier and David Hayes of Des Moines County.  They stated
that there was a need to expand the number of ball diamonds for the National
Little League and felt the proposed area was big enough for their use.  Binda
Knutsen of 1908 Highland Avenue stated that the problem with using Horace Mann
Middle School property for a dog park was again the problem of neighbors not
wanting a dog park near their homes.  She stated that the Horace Mann Middle
School site would be better used for a ball field.  She stated that most dog
parks are located near parks, pools and museums.  After considerable discussion
by the City Council, it was decided to continue the Resolution to the March 3,
2008 City Council Meeting.  All present had opportunity to speak and nothing
additional was filed in the office of the City Clerk.

Introduced By: Scott		Seconded By: Thomas
2. Motion that the Resolution to Establish a Dog Park in Dankwardt Park be
continued to the March 3, 2008 City Council Meeting

DISCUSSION: None.
(VOTE: 3 - “AYES” THOMAS, ELL AND SCOTT
2 - “NAYS” DAVIDSON AND MURRAY)			             		CARRIED

Introduced By: Thomas	Seconded By: Scott
3. Resolution of the City of Burlington, Iowa Authorizing the City Council to
Execute Applications and Agreements Related to State Programs to Assist Federal
Mogul Ignition Company in the Modernization of Their Burlington, Iowa Plant

DISCUSSION: The Interim City Manager stated that the Resolution allows for
Federal Mogul to apply for a forgivable CEBA loan from the State of Iowa in the
amount of $500,000.00, to apply with the State of Iowa for Targeted Jobs
Withholding Credits and to approve a development agreement with Federal Mogul so
that they can modernize their plant.  Dennis Hinkle of 610 North 4th Street
stated that the grant application would help Federal Mogul to modernize their
equipment to be competitive.  He stated that the Targeted Job Withholding Grant
was an excellent tool to create incentives for industries.  Jim Hard, Ignition
Group Comptroller for Federal Mogul, stated that the funds would help Federal
Mogul install modernized equipment and it would guarantee employment for ten
years.  He stated that Federal Mogul would repay the bonds, thus removing all
risk from the City of Burlington.  He further stated that the Burlington plant
was the only assembly facility left in the United States.  Bruce Scheitlin,
President of UAW Local 1237, urged Council to support the Resolution in order
for Federal Mogul to be competitive.  Lance Schafer, Plant Manager for Federal
Mogul, also urged Council for their support of the Resolution.  Leon Shahan of
1821 Mt. Pleasant Street stated that the City should not pay $2,000,000.00 to a
company that will eventually move their business to Mexico.  David Hayes of Des
Moines County stated that it would be a major hit to the community if Federal
Mogul left.  He felt that Council should support the Resolution for keeping
jobs.   Mayor Ell stated that he was interested in keeping jobs in Burlington. 
Council Member Murray stated that Americans are still by far the best workers
and this would help save American jobs.  He appreciated Federal Mogul’s
commitment.  Council Member Davidson stated that he was in favor of keeping jobs
and helping Federal Mogul.  Council Member Thomas stated that many communities
help their industries so that they stay in their communities.  Council Member
Scott stated that if labor and management say it can work, it should be a no
brainer.  All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
(VOTE: 5 - “AYES”)							ADOPTED

Introduced By: Ell		Seconded By: Scott
4. Resolution Petitioning the Iowa Department of Economic Development for
Certification of a Transportation Enterprise Zone

DISCUSSION: Leon Shahan of 1821 Mt. Pleasant Street questioned what the
Resolution Petitioning the Iowa Department of Economic Development for
Certification of a Transportation Enterprise Zone was going to cost him as a
taxpayer.  The Interim City Manager stated that ten years ago the City created
an enterprise zone in the North Bottoms Area for a ten-year period.  The
demographics have changed in that area and would now be eligible for a
Transportation Enterprise Zone.  The Development Director stated that it would
provide incentives in an industrial area.  He further stated that the area meets
three out of the four transportation modes to qualify for the Transportation
Enterprise Zone.  All present had opportunity to speak and nothing addition was
filed in the office of the City Clerk.  
(VOTE: 5 - “AYES”)							ADOPTED

COMMENTS FROM AUDIENCE: Ron Sourwine of 1734 West Acres Drive stated that at the
last Council Meeting he had requested a committee be formed to investigate the
Flint Hills Manor Revisited Project.  He questioned the City Council if a
committee has been formed.  Mayor Ell stated that he did not feel that an
investigation was warranted.  He stated that records are available for review
from the Development Department.  He further stated that he was not comfortable
talking about the project as it was presently under litigation.  The Interim
City Manager stated that the City acquired property from 51 property owners, the
majority (80%) was through negotiations.  He stated that 11 properties that are
in condemnation appeal, all are rental properties, no owner occupied.  He stated
that the City was contacted by individuals desiring the City to acquire their
properties or assist in relocation after the project was announced.  He stated
that the City has a responsibility to taxpayers to acquire property at its fair
market value as determined by an independent appraiser. Ron Sourwine stated that
there was an abuse of eminent domain, which was why the State of Iowa changed
the eminent domain law.  Council Member Thomas stated that one of his employees
at the age of 50 was able to own his own home after being relocated by the City.
 Council Member Murray stated that an investigation sounds like there was
something illegally done. He stated that all correspondence except that between
attorneys is an open record.  He questioned Ron Sourwine if an investigation was
for impropriety or to find out how those who lived in the Manor area are now
living and if they are happy.  Ron Sourwine stated he wanted to know if those
who lived in Flint Hills Manor are happy and where they are now living.  Council
Member Davidson stated that when he drives by the property along Roosevelt
Avenue he sees the property developed with prosperous businesses.  David Hayes
of Des Moines County stated that he remembered when Roosevelt Avenue was fields
and were being sold for future commercial development.  He stated that citizens
had purchased property in Flint Hills Manor in hopes to sell for commercial but
ended up having to sell for low rent housing appraisal rates.  The Interim City
Manager stated that the properties in Flint Hills Manor were acquired at fair
market value.  He stated that it is not commercial property until someone
purchases the property, demolish existing buildings, has the area rezoned and
relocates streets and utilities.  He stated that it was a tremendous expense for
a developer. Council Member Scott stated that based on recent commercial
property sales along Roosevelt Avenue, the valuation is $100,000.00 per acre. 
He stated that the properties which were purchased were getting more monies
based on a residential rate rather than if they were purchased for a commercial
rate by the acre.  He urged David Hayes to do more math.  All present had
opportunity to speak and nothing additional was filed in the office of the City
Clerk.  

Adjournment: 9:38 p.m.					Approved: March 3, 2008



Kathleen P. Salisbury, MMC				William L. Ell
City Clerk						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 AND CIGARETTES

REPORTS AND BONDS

RESOLUTIONS:
1. Resolution Approving 30-day Cigarette Suspension for Hy-Vee No. 1 for Third
Violation of Providing Tobacco to Minors		

2. Resolution Approving Renewal of Taxi Cab/Vehicle for Hire License for Joe
Fink dba/Shuttle Express

3. Resolution Approving Demolition/Nuisance Abatements for Various Properties

4. Resolution for Lease Between the City of Burlington, Iowa and the Des Moines
County Historical Society for Use of Hawkeye Log Cabin in Crapo Park

5. Resolution Approving Contract with SITE+ Inc. (Doug Adamson) for Feasibility
Study and Master Plan for Aldo Leopold Interpretative Center 

6. Resolution Approving Maintenance and Operation of the Sanitary Sewer, Storm
Sewer and Pavement Systems in Phase One of Sunrise West Subdivision

7. Resolution Authorizing Alliant Utilities to Proceed with the Engineering and
Installation of a New Central Business District Street Lighting System

8. Resolution Approving the Purchase and Installation of a Projection System in
the Arena of the Burlington Memorial Auditorium

9. Resolution Awarding Contract for 2008 Market Street Lift Station Valve
Replacement

10. Resolution Approving Purchase of Five Panasonic CF-30 Toughbook Computers
Including All Accessories for the Police Department

SET DATE FOR PUBLIC HEARINGS: March 3, 2008
1. Consideration of Sale of Lots 255 and 256 of Leebrick’s Second Addition, City
of Burlington, Des Moines County, Iowa				

2. Consideration of Fiscal Year 2008-2009 Budget

APPOINTMENTS:
Human Rights Commission: Tim Fleener