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. 34

May 17, 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.

BURLINGTON CITY COUNCIL

PROCLAMATION: SMALL BUSINESS WEEK - CHAMBER OF COMMERCE

POLICE WEEK - DAVE WUNNENBERG

CERTIFICATE OF APPRECIATION: MACE HENSEN, CITY PLANNING COMMISSION

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 announced those individuals appointed to various City commissions and boards. 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 Amendment No. 4 to the 1998-1999 Fiscal Year Budget

COMMENTS: The Finance Director stated that budget amendment no. 4 reflects amendments as follows: general fund $67,300.00; road use tax $31,000.00; golf course fund $10,000.00; capital projects $250,000.00; sales tax fund $50,000.00; and RecPlex $25,000.00 in expenditures and $15,000.00 in operating revenue. He reviewed with Council and the viewing audience the highlights of each fund amendment. He further stated that the total amendment was $440,300.00 which brings the total amended expenditure budget for the year to $42,429,726.00. Mayor Scott vowed that the Council would stay within its budget limitations for Council travel for Fiscal Year 1999/2000 budget. 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 No. 4 to the 1998-1999 Fiscal Year Budget

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

ORDINANCES:

1. Motion to Amend Section 4 Conditions of the Proposed Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 7 Acres of Land Located on the Northwest Corner of Highway 61 and 71st Street, from R-1A (Single Family Residential) Zoning District to C-1 (General Commercial) Zoning District, with Conditions

DISCUSSION: The City Manager stated that the proposed amendment to Section 4 Conditions adds the following condition to the proposed Ordinance Rezoning Approximately 7 Acres of Land Located on the Northwest Corner of Highway 61 and 71st Street: that the petitioner sign a petition and waiver, waiving the right to City services with the understanding that when City sewer and City water is made available, the petitioner will be required to pay all hook-up fees as determined by the City of Burlington based on the petitioners proportionate share of the cost for those utility extensions. He further stated that there were no other changes from the previous council meeting. Council Member Wright made a motion to amend Section 4 Conditions of the proposed Ordinance. Council Member Thomas seconded the motion. After roll call vote the motion was approved unanimously. Mayor Scott made a motion to amend the motion for preliminary adoption of the second reading of the proposed Ordinance by waiving the second reading and to final adopt the Ordinance. Council Member Wright seconded the motion. After roll call vote the motion was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

2. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 7 Acres of Land Located on the Northwest Corner of Highway 61 and 71st Street, from R-1A (Single Family Residential) Zoning District to C-1 (General Commercial) Zoning District, with Conditions to Provide for Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 7 Acres of Land Located on the Northwest Corner of Highway 61 and 71st Street, from R-1A (Single Family Residential) Zoning District to C-1 (General Commercial) Zoning District, with Conditions

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

3. Motion for Waiver of the Preliminary Consideration and Adoption of the Second Reading; and for Final Adoption of An Ordinance Amending Chapter 17.16 of the Burlington Municipal Code to Rezone Approximately 7 Acres of Land Located on the Northwest Corner of Highway 61 and 71st Street, from R-1A (Single Family Residential) Zoning District to C-1 (General Commercial) Zoning District, with Conditions

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

4. Motion for Final Adoption of An Ordinance Amending Chapter 17.72 Special Use Regulations of the Burlington Municipal Code to Provide for the Separation of Motorized and Non-Motorized Vehicles as Allowed Within the City of Burlington

DISCUSSION: The City Manager stated that there were no changes in regard to the proposed Ordinance Amending Chapter 17.72 Special Use Regulations Providing for the Separation of Motorized and Non-Motorized Vehicles as Allowed Within the City of Burlington from the previous council meeting. Council Member Thomas stated that the proposed Ordinance would be good for the youth of Burlington. Council Member Henry stated that at the last council meeting he had introduced a couple of amendments to the proposed Ordinance. He stated that he had no ill-feelings that the motions failed. He stated that it would be a huge mistake for Council or the public to pre-judge the behavior of our young people. Council Member Edwards stated that someone had approached him recently in regard to the old Optimist BMX track. He stated that the individual had stated to him that the kids involved with the track were well disciplined and behaved. He further stated that his only concern was that younger children may be attracted to the BMX track which could cause a safety issue in crossing the street. Mayor Scott stated that the proposed Ordinance actually amends the Municipal Code by separating motorized and non-motorized vehicles as allowed within the City. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED



COMMENTS FROM AUDIENCE: None.

Adjournment: 7:54 p.m. Approved: June 7, 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

RESOLUTIONS:

1. Resolution Approving Outdoor Sales Area for Liquor License for Doris' Tavern on June 5, 1999

2. Resolution Approving Outdoor Sales Area for Liquor License for The Beat for June 12, 1999 and July 10, 1999

3. Resolution Approving Agreement with Simmering-Cory, Inc. for Administrative Services for the 1999 CDBG Housing Fund Contract for the Rehabilitation of Single-Family, Owner-Occupied Housing Units in a Target Neighborhood

4. Resolution Amending the Personnel Manual for Non-Union Employees

5. Resolution Establishing Fees for Burlington Regional Rec Plex

6. Resolution Establishing A Fee and Charge Schedule for Septic Haulers

7. A Resolution Approving Issuance of Taxicab License for ASAP Cab Company

SET DATE FOR PUBLIC HEARINGS: June 7, 1999

1. Consideration of An Ordinance Amending the Municipal Zoning Ordinance, Title 17, of the City Code of Burlington, Iowa, by Amending Section 17.66.080 District Signage Regulations of Chapter 17.66 Signs

2. Consideration of An Ordinance Amending the Land Use Map and the Municipal Zoning Map and Title 17, Zoning Ordinance of the City Code of the City of Burlington, Iowa, 1997, by Rezoning the Diewold Plaza Subdivision from "R-1A" One-Family Residential District and "R-1B" One-Family Residential Districts to the Diewold Plaza P.U.D. (Planned Unit Development)

APPOINTMENTS:

Civil Service Commission: Kimberly Hunsaker

Human Rights Commission: Nancy Schulte

Animal Control Center Advisory Board: Tom Schnirring and Doris Hildreth

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