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Subject to change as finalized by the City Clerk. 
For a final official copy, contact the City Clerk’s office at (319)753-8124.


MINUTES OF THE PROCEEDINGS
OF THE BURLINGTON, IOWA CITY COUNCIL

Meeting No. 46
November 17, 2003

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 requested the removal of the Payroll and City Claims from the Consent Agenda for discussion.  He further 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

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

COMMENTS: The Chief of Police stated that the proposed Ordinance provides that all licenses and alarm system permits issued pursuant to Chapter 47 Alarm Systems shall expire annually on June 30 and that the City Council shall set the annual administrative fee by Resolution.  He stated that the information will help the Police Department expedite alarm calls and will provide a revenue avenue for all the Police Department’s administrative cost in handling the paperwork.  He further stated that the information will keep the Police Department updated on alarm owners in Burlington. He further stated that the administrative fee has not been proposed to Council.  Joe Abrisz of Burlington felt the Ordinance was discriminating alarm owners.  He felt the problem was with false alarms.  John R. Sandell of 2803 West Avenue stated his concern about the process  and felt there was a duplication of effort between the Police Department and alarm companies.  He felt that alarm companies could do a better job responding to alarms than the Police Department. Council Members King and Kellogg stated that it made sense for the Police Department to have information on file on whom in the City has alarms installed.  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 47.08 Permit Requirements of Chapter 47 Alarm Systems of the Burlington Municipal Code

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 Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00)

DISCUSSION:  The City Manager stated that there were no changes to the Ordinance Amending Provisions Pertaining to Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00) from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Amending Provisions Pertaining to Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00).  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 Parking Violations: Alternate (Amends Parking Fine Fee From $3.00 to $5.00)

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

3.    Motion to Amend Various Sections of the Proposed Ordinance Amending Chapter 65 Animal Protection and Control of the Burlington Municipal Code

DISCUSSION: The City Manager stated that the Des Moines County Attorney’s office has reviewed the proposed Animal Protection and Control Ordinance and has recommended minor changes.  Council Member Kellogg made a motion to amend various sections of the proposed Ordinance.  Council Member Edwards seconded the motion.  After roll call vote the motion to amend was unanimously  approved.  The City Manager stated that Council Member Elect Campbell has reviewed the proposed Ordinance and has recommended minor changes.  He suggested that the Council continue the final adoption of the Ordinance until staff can review those changes and put the changes in the form of a motion for approval at the next scheduled Council Meeting.  Council Member Kellogg made a motion to continue the final adoption of the proposed Ordinance to the December 1, 2003 City Council Meeting.  Council Member Edwards seconded the motion.  After roll call vote the motion to amend was unanimously approved.
(VOTE: 5 - “AYES”)                            CARRIED

4.    Motion to Continue the Final Adoption of an Ordinance Amending Chapter 65 Animal Protection and Control of the Burlington Municipal Code to the December 1, 2003 City Council Meeting

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

RESOLUTION:

1.    Resolution Approving Final Plat of First Addition to Stonegate Village Center Subdivision, City of Burlington, Des Moines County, Iowa

DISCUSSION: The City Planner stated that at the November 3, 2003 City Council meeting the Council approved the preliminary plat of the First Addition to Stonegate Village Center Subdivision.  He reviewed with Council and the viewing audience the final plat and the development agreement between the City of Burlington and Mike and Don Pierson Partnership which was made a part of the final plat approval.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”)                            ADOPTED

MOTION:

1.    Payroll and City Claims

DISCUSSION: Mayor Scott stated that he had removed the motion approving the payroll and city claims from the consent agenda as there was a payment to him for services rendered.  He stated that he would abstain from voting due to the conflict of interest.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - “AYES” KING, KELLOGG, EDWARDS, BAKER)
1 - “ABSTAINED” SCOTT)                        CARRIED

COMMENTS FROM AUDIENCE: None.

Adjournment: 7:50 p.m.                        Approved: December 1, 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

BEER, LIQUOR, WINE AND CIGARETTES

REPORTS AND BONDS

RESOLUTIONS:
1.    Resolution Approving Permanent Transfer of an On-Premise Liquor License for Gator’s Inc. dba/Gator’s Grill and Spirits

2.    Resolution Approving Demolition/Nuisance Abatements for Various Properties

3.    Resolution Establishing A New Fee Schedule for Flint Hills Municipal Golf Course Effective January 1, 2004

4.    Resolution Establishing A New Fee Schedule for Dankwardt Park Pool Effective January 1, 2004

5.    Resolution Establishing A New Fee Schedule for Park Shelter Reservations Effective January 1, 2004

6.    Resolution Approving A Record of Intersections Controlled by Stop Signs

7.    Resolution Approving Revised Minimum Assessment Agreement

APPOINTMENTS:

Waterworks Board of Trustees - Gary Brotherson
Riverfront Advisory Committee - Art Klein
Flint Hills Golf Course Advisory Committee - Bill Maupin