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. 21
November 2, 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
PROCLAMATION: Eighth Judicial District Residential Facility - Stephen Korb and Gail
Huckins
PRESENTATION by BASE (Brothers and Sisters Everywhere) - Pearl Payne
DISCUSSION: Pearl Payne of BASE (Brothers and Sisters Everywhere) thanked Mayor Scott
and Council Member Thomas for always showing up at their various activities. She encouraged
the other Council Members to stop by and visit. She presented a check to the City in the amount
of $1,000.00 for the Youth Center. She stated that BASE has also created a scholarship to SCC
for the youth . The Youth Director stated that BASE has contributed a total of $4,000.00 to the
Youth Center. Mayor Scott stated that he wished more people were like Pearl Payne. 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: None.
(VOTE: 5 - "AYES") CARRIED
HEARING:
1. Statement: Presentation and Discussion of the Proposed Facilities Plan to Separate
Sanitary Sewers from Storm Sewers Throughout the Hawkeye Sewer Drainage Basin
COMMENTS: The Public Works Director stated that the City was awarded a grant from EPA to
be used for the separation of sanitary sewers from storm sewers throughout the Hawkeye Sewer
Drainage Basin. He stated that the three reasons for the City receiving the grant was as follows:
an environmental need; a year long effort by the previous Council, the present Council,
administration, and staff; and the backing of Congressman Leonard Boswell. The City Engineer
reviewed with Council and the viewing audience the process for the estimated $13,000,000.00
Hawkeye Sewer Separation Project. He stated that in 1995, the City commissioned a
$450,000.00 study from ADS Environmental Services and Stanley Consultants to document the
system's problems and offer solutions. He stated that the consultants recommended a 6-phase 20
year program to fix problems including the City's combined sanitary and storm sewers. He
stated that the goal is to reduce the amount of sewage drained into the Mississippi River from its
23 combined sewers. He stated that it would also allow for less storm water into the WWTF. He
stated that the City would be taking resumes from consultants which will provide for the
following: smoke testing; televising the Hawkeye Sewer System to find all sources of inflow;
flow monitor all smaller sewer connections to the Hawkeye Sewer so certain flow amounts can
be verified for the design of the trunk sewer; and to also create a data base for the sewer
information. He stated that a house by house inspection will be done to determine if any
unauthorized connections are present along the sewer line (down spouts or basement sump
pumps). He stated that the Engineering Department will design the project, but will contract out
the work which will include two sanitary sewer lines along the sides of Hawkeye storm sewer
trunk line. He further stated that the storm sewer work would commence May 1999 with public
hearings being conducted before each phase of the work begins. Mayor Scott stated that the City
would be requiring house by house inspections to look for illegal sewer connections. He stated
that the inspections were needed to stop inflow into the newly separated sanitary sewer so they
would not surcharge with rain water. Council Member Henry questioned what percentage of
homes would be inspected. The City Engineer stated that 2/3 of Burlington or 5,000 homes
would be inspected. All present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.
Motion to Close CARRIED
ORDINANCES:
1. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Chapter 10.64 Snow Emergency Regulations of the Burlington Municipal Code
DISCUSSION: Mayor Scott stated that the proposed Snow Emergency Regulations Ordinance provides for the following: changing the amount of snow from 3 inches to 2 inches before a snow emergency can be declared; raising fines from $5.00 to $25.00 which will allow street crews to be more efficient and will be safer for citizens driving on the city streets; authorization of the Police Department to have vehicles towed during a snow emergency; and additional streets added to the snow emergency route. Council Member Henry stated that the streets added to the snow emergency route list was as follows: the southern arterial from Summer Street to Roosevelt Avenue, White Street from West Avenue to Chamberlin Street; Chamberlin Street from White Street to Summer Street; Division Street from West Burlington Avenue to Broadway Street; West Avenue from Roosevelt Avenue to West Burlington Avenue; West Burlington Avenue from West Avenue to Agency; and Burlington Northern Shops Road west of West Burlington Avenue. (VOTE: 5 - "AYES") CARRIED
2. Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending
Section 12.16.080 Removal of Ice, Snow and Debris of Chapter 12.16 Street and
Sidewalk Use Regulations of the Burlington Municipal Code
DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance on removal of ice, snow and debris from the last council meeting. Mayor Scott stated that the proposed Ordinance prohibits property owners from piling or shoving snow onto City streets. He stated that the Ordinance was needed as it was a public safety issue. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
3. Motion for Preliminary Adoption of the Second Reading of An Ordinance Repealing
Chapter 15.28, 8.04, 15.24, Section 320 of Chapter 9.04, and Chapter 8.16 of the
Burlington City Code and Adopting Chapter 15.24 Part I Abandoned or Unsafe
Buildings, Part II Environmental Nuisances, and Part III Housing
DISCUSSION: The City Manager stated that at the last work session the issue was raised in regard to an individual keeping a vehicle in their yard that they plan to restore. He stated that under the proposed Ordinance it provides as follows "motor vehicles, trailers, boats, snowmobiles, campers, etc., and any and all other vehicles required to be registered or titled by the State of Iowa for respective use within the State, which do meet all requirements for use on the public ways or are otherwise inoperable or in a dilapidated condition and not stored within an entirely enclosed complying building. He stated that staff has provided an amendment that would add the language "or other approved screening, on a temporary basis as approved in writing by code official." Council Member Edwards questioned if the Ordinance was going to be enforced on a complaint driven basis. The City Manager stated that when police officers or staff are out on City business they will also be writing up property owners for any violations. Council Member Edwards stated his concern that not everyone can afford a nice car or a garage to store their vehicle. The Chief Code Inspector stated that owners of race cars, antique or classic vehicles will need to be in compliance with the Ordinance by September 15, 1999. He stated that the owner will be given a 30-day notice prior to their vehicle being towed. He further stated that the owner could also have a municipal infraction filed against them. Council Member Henry stated that he would like to see an administrative policy written that will be enforced and then reviewed by the Council. The City Manager stated that to his knowledge to date he has never heard of a problem that the City has had with a property owner that wants to do the right thing. Council Member Thomas praised the Development and Inspection Departments for their fine job in cleaning up the community. Jerry Rigdon of 1600 Heisey Street cautioned the Council to be careful when dealing with people's vehicles. He stated that most salvage yards will haul away vehicles free of charge. He stated his concern that there was nothing in the proposed Ordinance to identify historic homes. He urged the Council to table the Ordinance so that the Historic Preservation Commission could review the Ordinance and make any recommendations. He stated that the proposed Ordinance was a radical change from the present Ordinance and encroaches upon a person's freedom. The City Manager stated that the proposed Ordinance had been sent to each commission in August 1998 requesting them to bring forth any concerns. He stated that the City could create a list of the worst buildings that need to be demolished. He stated that the list can then be submitted to the Historic Preservation Commission for their review. He stated that the City will only be able to address a small percentage of buildings to be demolished due to funding. He stated that it was not the intention of the Ordinance to exclude the Historic Preservation Commission from the process. Council Member Thomas stated that he liked the idea that the lists be brought before the Historic Preservation Commission. Council Member Henry stated that previous Councils had adopted five different Ordinances that did not work worth a darn. He stated that this Ordinance would work better. He stated that he would be willing to discuss historic concerns at the next work session. Council Member Henry made a motion to Amend Section 15.24.204 O. Nuisances Designated of the Proposed Ordinance Chapter 15.24 Part II Environmental Nuisances. Council Member Wright seconded the motion. After roll call vote by the City Clerk the motion was unanimously approved. Mayor Scott stated that he did not hear a strong recommendation to delay the Ordinance at this time. He stated that the proposed Ordinance was a Council driven Ordinance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
4. Motion To Amend Section 15.24.204 O. Nuisances Designated of the Proposed
Ordinance Chapter 15.24 Part II Environmental Nuisances
DISCUSSION: None.
(VOTE: 5- "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Final Plat for Faith United Presbyterian Church Subdivision
DISCUSSION: The Development Director stated that Faith United Presbyterian Church would like to create two lots of record so that they will be able to sell the deteriorating parsonage located on the same lot as the church. He further stated that nothing has changed in regard to the subdivision request since the approval of the preliminary plat at the prior meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution Approving Final Plat for Binder Subdivision
DISCUSSION: The Development Director stated that Binder Subdivision creates three lots of record located on the east side of Block 27 of the Baumberger Subdivision for the construction of a house on lot one and two. He stated that there is an existing house located on lot 3. Council Member Henry stated that the Resolution states "all lots be brought into conformance with City standards including the addition of two off street parking places to Lot 4 and the removal of the out buildings located on Lot 3. He questioned why it stated Lot 4 when there were only three lots in the proposed Binder Subdivision. The Development Director stated that it was a typographical error from his department. Council Member Henry requested the City Clerk administratively make the change. 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: Heidi Koss of 1404 Summer Street, a member of the Youth
Commission, stated her appreciation for the monies the City received from BASE (Brothers and
Sisters Everywhere) for the youth center. She stated her amazement at the number of people
working at the youth center. She further thanked the Council for making the youth center one of
their goals. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
Adjournment: 8:50 p.m. Approved: November 16, 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, Final Payment, and Release of Retention Monies
for the 1998 Cascade Bridge Replacement & South End Repairs
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution Awarding Contract for the 1998 Police Department Roof Replacement Project
2. Resolution for Acquisition of the Lot and Improvements at 109 North Leebrick Street Under
the Targeted Neighborhood Planning Program, Infill Development Plan
3. Resolution Approving Purchase of Heavy Duty Reversible Snow Plow and Wing Assembly
4. Resolution Approving Purchase of a Used ½ Ton Pickup Truck for the Burlington Regional
Sports Complex
SET DATE FOR PUBLIC HEARINGS: (November 16, 1998)
1. Consideration of An Ordinance to Amend the Ordinance Establishing the Land Use Plan of
the City's Comprehensive Plan for the Southwest Subarea Bordered by West Avenue on the
North, Gear Avenue to the West, 65th Street to the South and Highway 61 to the East
2. Consideration of An Ordinance Amending Sections 10.48.010, 10.48.020, 10.48.060,
10.48.070, and 10.48.260 of Chapter 10.48 Parking Enforcement of the Burlington Municipal
Code
3. Consideration of An Application for a Community Development Block Grant