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. 17
September 8, 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. Council Member Thomas left the
meeting at 9:45 p.m. to go to work.
BURLINGTON CITY COUNCIL
PROCLAMATIONS: American Business Women's Day: Julie Kilbride and Barbara Adrian Burlington Area United Way Time: Len Williams and Kathleen Hemmesch
Larry Werner, Retirement from Fire 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: None.
(VOTE: 5 "AYES") CARRIED
PRESENTATIONS:
1. Review of Proposed Building Plans for School District, Steve Swanson
DISCUSSION: Steve Swanson, Superintendent of the Burlington School District introduced
Tom Courtney, School Board President, Joe Abrisz, Gail Boyd, and Al Sparks, School Board
Members. Tom Courtney, School Board President, presented the proposed building plan for the
elementary facilities for the 21st century. He stated that the following four schools would be
closed: Central Avenue, Prospect, Salter, and Washington. He stated that the following schools
would be remodeled, added new, or built new: Black Hawk, Corse, Grimes, North Hill, Perkins,
and Sunnyside. He reviewed the approximate construction schedule. He stated that the School
Board will be proposing a one cent county local option sales tax to raise approximately
$28,000,000.00 to $30,000,000.00 in the next ten years for the projects. He asked Council to
pass a Resolution in support of the School District. He further stated that three of the four
buildings scheduled to be closed have gymnasiums in them and they would like the City to help
figure out a use for the buildings. Joe Abrisz, School Board Member, stated that he was the
school board liaison to work with the City and the School Board. He urged Council for their
support. Mayor Scott asked staff to place the issue on the next work session. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
2. Update of Hotel Burlington, Janet McCannon
DISCUSSION: Janet McCannon presented the Council with a brochure on Burlington
Apartments, formerly Hotel Burlington. She stated that Burlington Apartments offers 72 units of
senior housing for residents 62 years of age or older. She stated that there were 106 names on the
prospect list for housing. She stated that the first floor of the building would consist of retail
businesses. She stated that elevators would be in use in the building by November 1998. She
further stated that she has enjoyed working with the City on 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 An Ordinance Amending Sections 8.08.070 and 8.08.130 of Chapter 8.08 Garbage and Refuse Collection and Section 12.16.070 and Creating a New Section 12.16.100 of Chapter 12.16 Streets and Sidewalk Use Regulations of the Burlington
Municipal Code
COMMENTS: The WWTF Superintendent presented to Council and the viewing audience an
overview of the history of the disposal of yardwaste; the pros and cons of the current loose leaf
program; requirements to implement the bag program; and the bag program highlights. He stated
that the bags would be available at many grocery stores and other retail stores in the area. He
stated that the costs were approximately $1.85 to $2.50 per package of five bags. He stated that
the public would be educated on the bag program via an annual mailing, news media coverage,
cable TV/local government channel, info line at the Solid Waste Department (753-8114), KBUR
talk show, and Council Meeting broadcast. He suggested the following alternatives in place of
purchasing bags: mulching leaves with a lawn mower; backyard composting; taking leaves to
landfill; private yardwaste service; or an acceptable garbage can. He further reviewed the
enforcement issues and the bag program overview with Council and the viewing audience.
Those whom spoke opposed to the bag program were: Dave Hanrahan of 1709 Oak Street,
Darlene Wagner of 940 Hagemann, Virginia Corman of 2020 Mason Road, Bob White of 1802
Orchard, and Marston Olson of 2921 West Avenue. Many of those who spoke stated that they
have many large trees and that they presently burn their leaves and that the purchasing of bags
would present a financial hardship. Sue Wiengard of 2144 South 10th stated that she didn't like
burning and was also against raking leaves into the streets. She stated that bags would be cost
prohibitive, but appreciated being able to take leaves to the landfill. Council Member Wright
stated that not everyone has leaves to rake and it was not fair to pay taxes for services that
everyone does not receive. He further stated that the present system for the removal of leaves
was inefficient. Council Member Henry stated that back in 1991 the community was up in arms
when the City announced that property owners could not bag leaves anymore. He stated that
there were many alternatives to buying bags. He suggested that the City set up a program with
another agency for those individuals who would have a financial hardship purchasing bags. He
further stated that the burning of leaves was a health issue. Mayor Scott read and presented the
City Clerk a letter he received from Benjamin D. Diewold of 2200 West Avenue opposed to the
no burning and the proposed bag program. Council Member Thomas stated that it was not
acceptable to say "we've always done it this way." He stated that the banning of the burning of
leaves was a start for clean air. He stated that he was in favor of both proposed Ordinances.
Council Member Edwards stated that his primary concern was for the financial hardship placed
on seniors. He stated that he has received many calls from senior citizens. He encouraged others
to call him. He stated that he would also like to see a program offered to offset the costs to those
who cannot afford the bags. He further stated that he would like to see property owners being
able to set out more than one can of leaves. Mayor Scott stated that he could not be more proud
of Burlington and its trees. He stated that Burlington has won the Tree City USA Award the past
eleven years. He stated that it was discouraging to him to see leaves in the streets and people
burning leaves. He suggested that possibly the City could purchase the bags the first year of the
program. 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: An Ordinance
Amending Sections 8.08.070 and 8.08.130 of Chapter 8.08 Garbage and Refuse Collection
and Section 12.16.070 and Creating a New Section 12.16.100 of Chapter 12.16 Streets and
Sidewalk Use Regulations of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5- "AYES") CARRIED
2. Statement: Consideration of An Ordinance Amending Chapter 8.20 Fire Prevention Code of
the Burlington Municipal Code
COMMENTS: The Fire Chief reviewed the proposed Ordinance which amends Chapter 8.20 Fire
Prevention Code of the Burlington Municipal Code with the Council and the viewing audience.
He stated that the main two changes in the proposed Ordinance were the adoption of the 1991
Uniform Fire Code and that no person may kindle or maintain a yard waste fire on any City
street, sidewalk, or alleyway. Dave Hanrahan of 1709 Oak Street stated that burning in a barrel
would be better than no burning at all. He stated that presently he burns leaves on two gravel
alleyways. He stated that Council was not doing what the people want. Council Member Henry
stated that he took exception to Mr. Hanrahan's comment that Council was not doing what the
people want. He stated that there are people in the community complaining about smoke as they
have respiratory problems. Council Member Wright stated that the City was doing more than
what has been done in the past. He stated that there are less people in Burlington paying taxes
than there were fifty years ago yet the costs of programs have gone up. Mayor Scott stated that
the City wants to make yard waste burning safer. 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: An Ordinance
Amending Chapter 8.20 Fire Prevention Code of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Statement: Consideration of Amendment to Fiscal Year 1998-99 Budget
COMMENTS: The Finance Director stated that the budget amendment totals $450,227.00 which
will result in a total amended budget of $38,456,067.00. He stated that the items constituting the
amendment consisted of the following funds: general fund; parking fund; hotel/motel tax fund;
sewer fund; golf course fund; team incentive pay; and capital projects fund. He further reviewed
in detail the budget amendment with Council and the viewing audience. All present had
opportunity to speak and nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Approving Amendment to Fiscal Year 1998-99 Budget
DISCUSSION: None.
(VOTE: 4 - "AYES" WRIGHT, EDWARDS, HENRY, SCOTT) ADOPTED
COUNCIL MEMBER THOMAS LEFT AT 9:45 P.M. TO GO TO WORK
4. Statement: Consideration of Temporary and Permanent Encroachment Agreements for
Blimpies/Home Oil
COMMENTS: The City Manager stated that the Blimpies/Home Oil has petitioned the City to
encroach on City property adjacent to their development located on the southwest corner of Main
and Columbia Street as follows: encroach at Main Street, on the east side of the Blimpies Store, a
Blimpies sign will protrude out into the City right-of-way approximately 12 inches to 18 inches;
encroach at Main Street, on the east side of the Blimpies Store, concrete stairs will protrude 5
feet out into the City right-of-way; encroach at Main Street, on the east side of the Blimpies Store
the east 4 feet x 26 feet canopy will extend 4 feet out into the City right-of-way; and encroach at
the corner of Main Street and Columbia Street the landscape planter will protrude approximately
2 feet into the Main Street right-of-way and approximately 2 feet into the Columbia Street right-of-way. All present had opportunity to speak and nothing additional was filed in the office of the
City Clerk
Motion to Close CARRIED
Resolution Authorizing Temporary and Permanent Encroachment Agreements for
Blimpies/Home Oil
DISCUSSION: None.
(VOTE: 4 - "AYES" WRIGHT, EDWARDS, HENRY, SCOTT) ADOPTED
COUNCIL MEMBER THOMAS LEFT AT 9:45 P.M. TO GO TO WORK
RESOLUTION:
1. Resolution Approving Agreement with Mississippi River Mart for Bus Passenger Waiting
Area
DISCUSSION: The City Manager stated that the proposed agreement was with Mississippi River Mart at 313 North Main Street for a bus passenger waiting area for a two-year period. He stated that the City would pay Mississippi River Mart $100.00 per month. He stated that Mississippi River Mart would be responsible for all electricity, heating, air conditioning, and custodial services. Council Member Edwards stated that he was glad to see the agreement between the City and Mississippi River Mart for the bus passenger waiting area. Council Member Henry commended the City Manager for his good work on the agreement. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" WRIGHT, EDWARDS, HENRY, SCOTT) ADOPTED
COUNCIL MEMBER THOMAS LEFT AT 9:45 P.M. TO GO TO WORK
COMMENTS FROM AUDIENCE: None.
Adjournment: 9:56 p.m. Approved: September 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
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Approving Outdoor Sales Area for Amara-Team Investments, Inc. dba/Jefferson
Street Cafe for Heritage Days
2. Resolution Approving Outdoor Sales Area for J & J Wheeler, Inc., dba/Doris's Tavern for
Fish Fry on September 19, 1998
3. Resolution Awarding Purchase of A New Ambulance Vehicle for the Burlington Fire
Department
4. Resolution Approving Fiscal Year 1997-1998 Street Finance Report, Road Use Tax
5. Resolution Approving the Purchase of A Used Van for the Burlington Fire Department
SET DATE FOR PUBLIC HEARINGS: September 21, 1998
1. Consideration of Disposition of City-Owned Property at 1128 Valley Street with Special
Requirements for Rehabilitation and Resale
2. Consideration of An Ordinance Amending Section 17.66.080, District Signage Regulations,
Subsection A.2., of Title 17, of the Municipal Zoning Code
APPOINTMENTS:
Human Rights Commission: Linda Rived
Waterworks Board of Trustees: Gary Brotherson