The Burlington City Council met in regular session at 7:00 p.m. in the City Hall, Council Chambers with Mayor Scott, Council Members Baker, Edwards, Kellogg and King present.

BURLINGTON CITY COUNCIL

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 items listed under Item I., Consent Agenda.

DISCUSSION:  Mayor Scott reviewed the items listed on the consent agenda to the viewing audience.  Council Member Kellogg 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.
(VOTES: 5 - “AYES”)                        CARRIED

HEARINGS:
1.    Statement: Consideration of An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa 2003, By Amending Provisions Pertaining to Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00)

COMMENTS: The City Manager stated that proposed Ordinance amends Burlington’s parking fine violation from $3.00 to $5.00.  He stated that the Iowa Legislature has removed the five-dollar limit for parking violations.  He reviewed the parking fine fees of various cities in Iowa.  He stated that Burlington was the only City in Iowa still charging $3.00 for a parking fine as other cities have either doubled or tripled their fines.  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 the Code of Ordinances of the City of Burlington, Iowa 2003, By Amending Provisions
    Pertaining to Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00)

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

2.    Statement: Consideration of An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, By Amending Provisions Pertaining to Municipal Infraction Civil Penalties

COMMENTS: The City Manager stated that the Proposed Ordinance amends the provisions pertaining to municipal infraction civil penalties by allowing the penalty for first offense not to exceed $750.00 and penalty for each repeat offense not to exceed $1,000.00.  He reviewed with the Council and the viewing audience that violations would include failing to abate nuisances, environmental protection issues and animal protection violations to name a few.  Mayor Scott stated that the judge makes the final decision on the amount of the penalty.  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 the Code of Ordinances of the City of Burlington, Iowa, 2003, By Amending Provisions Pertaining to Municipal Infraction Civil Penalties

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

ORDINANCES:

1.    Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, by Amending Provisions Pertaining to Hotel/Motel Tax

DISCUSSION:  The City Manager stated that there were no changes to the Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, by Amending Provisions Pertaining to Hotel/Motel Tax from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, by Amending Provisions Pertaining to Hotel/Motel Tax.  Council Member Edwards 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 for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance:  An Ordinance Amending the Code of Ordinances of the City of Burlington, Iowa, 2003, by Amending Provisions Pertaining to Hotel/Motel Tax

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

3.    Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Vacating and Selling the North-South 270 Feet of the 66 Foot Wide Street Right-of-Way, Adjacent to Blocks 28 and 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

DISCUSSION:  The City Manager stated that there were no changes to the Vacating and Selling the North-South 270 Feet of the 66 Foot Wide Street Right-of-Way, Adjacent to Blocks 28 and 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Vacating and Selling the North-South 270 Feet of the 66 Foot Wide Street Right-of-Way, Adjacent to Blocks 28 and 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa. Council Member Edwards 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

4.    Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance:  An Ordinance Vacating and Selling the North-South 270 Feet of the 66 Foot Wide Street Right-of-Way, Adjacent to Blocks 28 and 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

5.    Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Vacating and Selling the North-South 270 Feet of the 16 Foot Wide Alley Right-of-Way, Located between Cliff Road and Cherry Street, in Block 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

DISCUSSION:  The City Manager stated that there were no changes to the Ordinance Vacating and Selling the North-South 270 Feet of the 16 Foot Wide Alley Right-of-Way, Located between Cliff Road and Cherry Street, in Block 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Vacating and Selling the North-South 270 Feet of the 16 Foot Wide Alley Right-of-Way, Located between Cliff Road and Cherry Street, in Block 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa.  Council Member Edwards 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


6.    Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and for Final Adoption of An Ordinance:  An Ordinance Vacating and Selling the North-South 270 Feet of the 16 Foot Wide Alley Right-of-Way, Located between Cliff Road and Cherry Street, in Block 37 of Baumberger’s Subdivision, City of Burlington, Des Moines County, Iowa

DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

7.    Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending Chapter 65 Animal Protection and Control of the Burlington Municipal Code

DISCUSSION: The City Manager stated that the Des Moines County Attorney has reviewed the proposed Ordinance Amending Chapter 65 Animal Protection and Control of the Burlington Municipal Code and has recommended several minor changes.  He stated that the City Attorney would be reviewing those recommendations and they would be brought before the Council at the final adoption.  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 Preliminary Plat of Stonegate Village Center Plat 2

DISCUSSION: The City Planner stated that the preliminary plat of Stonegate Village Center Plat 2 was an 80-acre subdivision.  He stated that the developers were Mike and Don Pierson.  He reviewed the conditions to the preliminary plat with the Council and the viewing audience.  Mayor Scott commended Mike and Don Pierson for their development of Stonegate Village Center.  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: 7:30 p.m.                    Approved: November 17, 2003


Kathleen P. Salisbury                    Timothy E. Scott
City Clerk, C.M.C.                    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 AND CIGARETTES

REPORTS AND BONDS

SET DATE FOR PUBLIC HEARINGS: November 17, 2003

1.    Consideration of An Ordinance Amending Section 47.08 Permit Requirements of Chapter 47 Alarm Systems of the Burlington Municipal Code

APPOINTMENTS:
Library Board of Trustees: Jerry Parks
Low Rent Housing Agency: Dennis Zegarac