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. 16

August 21, 2000

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Edwards, Kellogg, Thomas and Wehrle present.

BURLINGTON CITY COUNCIL

SWEARING IN OF NEW COUNCIL MEMBER - JACK WEHRLE (BY CITY CLERK)

PROCLAMATION OF APPRECIATION TO SSG RICHARD HESTER AND CO C 389TH ENGINEERING BATTALION FOR COMMUNITY SERVICE, RAGBRAI 2000

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 to the viewing audience. 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 An Ordinance Amending Chapter 5.04.160 of the City Code by Modifying the Insufficient Fund Fee for Checks Returned to the City of Burlington

COMMENTS: The Deputy City Manager reviewed with Council and the viewing audience the proposed Ordinance which modifies the amount charged for checks returned to the City for insufficient monies. He stated that presently the City charges $7.00 for checks returned to the City. He stated that the Ordinance was last amended in 1980. He stated that the proposed Ordinance would provide that the City charge the maximum amount allowed under State law. He further stated that presently the amount was $20.00 for returned checks under State law. 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 Chapter 5.04.160 of the City Code by Modifying the Insufficient Fund Fee for Checks Returned to the City of Burlington

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 the Comprehensive Plan by Formally Adopting and Including the South Hill Neighborhood Plan

DISCUSSION: The City Manager stated that page 15, paragraph three has been amended since the last council meeting as requested by Council Member Thomas concerns regarding the use of the word "loitering." Mary Baker of 320 South 6th Street stated that lately she had not seen very much loitering in the South Hill area. Council Member Thomas made a motion to amend page 15, paragraph three of the Proposed Ordinance. Council Member Edwards seconded the motion. After roll call vote the motion was unanimously adopted. Council Member Thomas made a motion to waive the second reading of the proposed Ordinance and to final adopt the Ordinance. Council Member Edwards seconded the motion. After roll call vote the motion was unanimously adopted. 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 Proposed South Hill Neighborhood Plan Ordinance by Amending Page 15, Paragraph Three

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

3. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the Ordinance Amending the Comprehensive Plan by Formally Adopting and Including the South Hill Neighborhood Plan

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

4. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance: An Ordinance to Amend Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of Burlington; and Amending Ordinance No. 3113 Establishing the Southwest Subarea Land Use; and Amend the Northeastern Most Portion of the Southwest Subarea

DISCUSSION: The City Manager stated that there were no changes to the proposed Ordinance Amending the Comprehensive Strategic Plan by Establishing the Southwest Subarea Land Use and Amending the Northeastern Most Portion of the Southwest Subarea. He presented Council with a letter from the petitioner requesting that the Council waive the second reading of the Ordinance and final adopt the Ordinance. Council Members Edwards and Kellogg stated that staff did an excellent job in their presentation of the proposed Southwest Subarea. Council Member Kellogg made a motion to waive the second reading of the proposed Ordinance and to final adopt the Ordinance. Council Member Thomas seconded the motion. After roll call vote the motion was unanimously adopted. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

5. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the Ordinance to Amend Ordinance No. 3101 Establishing the Comprehensive Strategic Plan for the City of Burlington; and Amending Ordinance No. 3113 Establishing the Southwest Subarea Land Use; and Amend the Northeastern Most Portion of the Southwest Subarea

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

6. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance: An Ordinance Amending the Official Zoning Map and the City Code of the City of Burlington, Iowa, By Amending Chapter 17.88, Planned Unit Development, and Adding 17.88.060 Approved Planned Unit Development Districts, and Create Stonegate Village PUD

DISCUSSION: The City Planner presented Council with changes to Section 6 Parcel Development of the proposed Ordinance which creates Stonegate Village PUD. He stated that the amendment adds Parcel (D) Flex Zoned and adds the word "zoning" throughout Section 6 to the proposed Ordinance. Mayor Scott made a motion to amend Section 6 Parcel Development of the Proposed Ordinance. Council Member Kellogg seconded the motion. After roll call vote the motion was unanimously adopted. Council Member Kellogg made a motion to waive the second reading of the proposed Ordinance and to final adopt the Ordinance. Council Member Edwards seconded the motion. After roll call vote the motion was unanimously adopted. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

7. Motion to Amend Section 6 Parcel Development of the Ordinance Amending the Official Zoning Map and the City Code of the City of Burlington, Iowa, By Amending Chapter 17.88, Planned Unit Development, and Adding 17.88.060 Approved Planned Unit Development Districts, and Create Stonegate Village PUD

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

8. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of the Ordinance Amending the Official Zoning Map and the City Code of the City of Burlington, Iowa, By Amending Chapter 17.88, Planned Unit Development, and Adding 17.88.060 Approved Planned Unit Development Districts, and Create Stonegate Village PUD

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

COMMENTS FROM AUDIENCE: Don Pierson of 914 Canterbury Drive thanked Council and staff for their work and approval of Stonegate Village PUD. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 7:25 p.m. Approved: September 5, 2000





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, First and Final Payment and Release of Retention Monies for the 2000 Wastewater Treatment Facility Roof Replacement Project (Sludge and Disinfection Complex)

BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS

NUISANCE ABATEMENTS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Outdoor Sales Area for Liquor License for the Beat Tavern II, Inc. for September 9, 2000

2. Resolution Allowing City Manager or Designee to Award and Sign Contracts for Owner-Occupied Rehabilitation Projects with Funds from the IDED CDBG Rehab

Grants 99-HSG-059

3. Resolution Approving Continuation of Heavy Duty Wheel Loader Replacement Program

4. Resolution Approving Contract between the City of Burlington and Burlington Steamboat Days, Inc. to Provide Beer and Wine Concessions at Memorial Auditorium, the Port of Burlington and Adjoining Grounds

5. Resolution of Support for the Placement of "Burlington's Lady Liberty" and the Approval of the Expenditure for the Construction of a Base

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