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. 18
September 21, 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
PROCLAMATIONS: Burlington Area Crop Walk Day-Rev. Forrest Krummel
Constitution Week-Carol Oppenheimer
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
HEARINGS:
1. Statement: Consideration of Disposition of City-Owned Property at 1128 Valley Street
with Special Requirements for Rehabilitation and Resale
COMMENTS: The Development Director gave an overview of the sale of property located at
1128 Valley Street. He stated that the City acquired the property and felt the property was worth
rehabilitating. The Housing Director stated that the property was acquired December 1997. He
stated that there were some restrictions to the sale of the property. He stated that the property
would be transferred to Burlington Housing Partnership for rehabilitation. He further stated that
after the property is rehabilitated it would be sold to a low to moderate income family. Council
Member Thomas questioned whom the buyer would contact if they were interested in purchasing
the home after it was rehabilitated. The Housing Director stated that the interested buyer would
contact Burlington Housing Partnership. Council Member Edwards stated that he would like to
see more rehabilitation and resale of homes. Council Member Thomas stated that it encourages
renters to become homeowners and was a good project. All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
Motion to Close CARRIED
Resolution Authorizing Disposition of City-Owned Property at 1128 Valley Street with
Special Requirements for Rehabilitation and Resale
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of An Ordinance Amending Section 17.66.080, District Signage
Regulations, Subsection A.2., of Title 17, of the Municipal Zoning Code
COMMENTS: The Development Director stated that the City has received several requests from
area churches and schools requesting an amendment to the Sign Code to allow 48 square feet
signage of which 24 square feet would be used for a marquee and the remaining 24 square feet
would be used for name identification. He stated that the height of freestanding signs could not
exceed six feet and cannot be within 50 feet of an adjoining lot used and/or zoned for residential
purposes. He stated that churches, schools, or other institutions and public buildings that cannot
meet the 50-foot setback would be allowed one bulletin board displaying its name, activities and
services and could not exceed 24 square feet in area. He further stated that the Plan Commission
voted unanimously in favor of the proposed Ordinance. The Code Inspector stated that the
Ordinance addresses only schools and churches in residential zones. 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
Section 17.66.080, District Signage Regulations, Subsection A.2., of Title 17, of the
Municipal Zoning Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
ORDINANCES:
1. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading;
and for Final Adoption 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: The City Manager stated that the City of Cedar Falls had a child hit and killed by a car as the child played in leaves on a City street. He stated that the City of Cedar Falls was sued for $160,000.00 over the death. He stated that the City immediately enforced a bag program for their leaves. The WWTF Superintendent presented to Council and the viewing audience an overview of the historical issues of open burning; key issues in the yardwaste policy and plan; yardwaste disposal options; the current yardwaste options; the new paved dropped off site at the Des Moines County Landfill; pros and cons of the current loose leaves program; program cost comparisons; requirements to implementing a bag program; the bag program highlights; yardwaste bags and cans; availability of bags; alternatives to yardwaste bags; public education; bag program overview; yardwaste policy and plan; and open burning - reasonable alternatives. The City Manager stated that he has spoken with the Landfill Director in regard to extending the hours that the landfill would receive leaves. He further stated that he has also spoken with the Director of Community Action and they were willing to work on a bag program similar to their energy assistance program for low income individuals. He stated that Burlington High School was also interested in raking leaves for the disabled. The following individuals spoke in regard to the bag program: George Shaw of 1114 Osborn; Jerry Buckles of 1872 Orchard Street; Darla Gibbons of 905 Guenther Street; Rose Lee of 1409 South 15th; and Bob White of 1802 Orchard Street. Many of those who spoke stated their concern for the number of bags that would be needed to rake their leaves. Council Member Edwards stated that he was not in favor of waiving the second reading of the Ordinance. Council Member Wright made a motion to amend Section 12.16.100 of the proposed Ordinance which amends Chapter 12.16 Streets and Sidewalk Use Regulations to read that no person shall rake, blow, or deposit leaves or any other type of yard waste into a public street, sidewalk, or alley in any manner. Council Member Henry seconded the motion. The City Manager stated that the proposed Ordinance had omitted the word "sidewalk." After roll call vote by the City Clerk the motion to amend passed four to one with Council Member Edwards voting against the amendment. The City Clerk announced that it would take a super majority vote of the Council to waive the second reading and final adopt the Ordinance. She stated that if four votes would not be received then a simple motion to adopt the second reading could be introduced. After roll call vote the motion was adopted four to one with Council Member Edwards voting against the waiving of the second reading and to final adopt the Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
VOTE: 4 - "AYES" WRIGHT, HENRY, SCOTT, THOMAS
1 - "NAY" EDWARDS) CARRIED
2. Motion to Amend Section 12.16.100 of the Proposed Ordinance which Amends Chapter
12.16 Streets and Sidewalk Use Regulations
DISCUSSION: None.
(VOTE: 4 - "AYES" WRIGHT, HENRY, SCOTT, THOMAS
1 - "NAY" EDWARDS) CARRIED
3. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading;
and for Final Adoption of An Ordinance: An Ordinance Amending Chapter 8.20 Fire
Prevention Code of the Burlington Municipal Code
DISCUSSION: 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 three changes in the proposed Ordinance were the adoption of the 1997 Uniform Fire Code; listing of fire permits that are required; and that no person may kindle or maintain a yard waste fire on any City street, sidewalk, or alleyway. He stated that the City presently was not banning burning on private property. Darla Gibbons of 905 Guenther stated that the Fire Department was very helpful with fire tips when she obtained a burn permit. Mayor Scott read the Department of Natural Resources burning pamphlet to the viewing audience in regard to open burning being hazardous to the public's health and also causes air pollution. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTION:
1. Resolution Approving A Yard Waste Program for the Collection and Disposal of Fall
Leaves - Option 1 Which Would Include Use of Bags and Cans
DISCUSSION: Council Member Edwards introduced the Resolution Approving A Yard Waste Program for the Collection and Disposal of Fall Leaves - Option 1 Which Would Include Use of Bags and Cans. The Resolution was seconded by Council Member Henry. The City Manager stated that he could add for discussion at the next Council Meeting the implementation of a bag program for low income people. The WWTF Superintendent stated that the pick up day for leaves would be the day after a person's scheduled trash pick up day due to the use of trash cans. Council Member Thomas stated that he had spent time looking at other cities leaf programs via the Internet. Council Member Henry stated that he would defend City staff on any slurs they have received. He stated that on a recent survey the sanitation department was the most respected department in the City and was very efficient. He stated that he hoped the City can get to the point where open burning is banned other than for recreation/cooking. He further stated that there were other options to bagging leaves such as mulching or hauling the leaves to the landfill at no charge. He stated that the top three reasons for bagging the leaves were: child safety issue; concern for the planet; and taking pride in a clean community. He further urged the City Manager to pursue a bag program for low income individuals. Council Member Wright stated that he can still remember hearing complaints last year in regard to an inefficient leaf program. He stated that leaves needed to be off the streets. Council Member Edwards stated that people understand the safety hazards of leaves on the streets. He stated that the public that had spoken with him were okay with the new program as long as they could still burn the leaves on their own property. He agreed with Council Member Wright that the City needed to try the new program. He stated concern for seniors having to bag leaves, or the possibility of people cutting down trees. Council Member Thomas stated that he was glad the City Manager was looking into a bag program for low-income individuals. He stated that it was a good idea to keep the leaves off of sidewalks, streets, and alleys. 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: 10:00 p.m. Approved: October 5, 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 Police
Department Heating and Air Conditioning, Phase I, Cooling Tower and Chiller Unit
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
NUISANCE ABATEMENTS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution to Receive and File Parental Responsibility Task Force Report
2. Resolution Awarding Contract for the 1998 Saunderson Heights Sidewalk and Park
Improvements
3. Resolution Awarding Contract for the 1998 West Avenue Sewer Extension
4. Resolution Approving Amendment to Agreement for the Rehabilitation of Property in the
Flint Hills Northwest Target Area
5. Resolution Supporting Private Fund Raising for the Regional Family Recreation Complex
6. Resolution to Accept Dedicated Paving Improvements for West Burlington Avenue
SET DATE FOR PUBLIC HEARINGS: October 5, 1998
1. Consideration of Plans and Specifications for the 1998 Police Department Roof
Replacement Project
2. Consideration of An Ordinance Amending Sections 10.20.020 and 10.20.060 of Chapter
10.20 Traffic Control Devices of the Burlington Municipal Code
3. Consideration of A Permanent Encroachment Agreement with Metro Plains Development
Inc.
APPOINTMENT:
Board of Plumbing Examiners: Sherm Smith