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

PROCLAMATION - Mississippi River Shoreline Cleanup Day- Kathleen Hemmesch

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 Vacating and Selling Remaining 20 Feet of Disque Street Right-of-Way, East of North Plane Street

COMMENTS: The Development Director stated that the proposed Ordinance provides for the vacation and sale of the remaining 20 feet of Disque Street right-of-way, located east of North Plane Street.  He stated that part of the right-of-way was vacated in 1969 except for a 20 ft. strip of land that was maintained by the City for access.  He stated that in 1969, 30 ft. of the vacated right-of-way went to the property owner to the north and 10 ft. to the property owner to the south.  The Ordinance provides that the 20 ft. be sold to the property owner to the south, which is a longstanding 50/50 split.  He stated that John and Michelle Pearson have petitioned the City for the vacation of the remaining 20 feet.  He stated that the City Plan Commission recommended the vacation and sale of the remaining 20 feet be split with 10 feet being sold to the property owner to the south and the other 10 feet of the property being sold to the property owner to the north.  He stated it was the decision of the Council how the property should be split.  Mayor Scott stated that it has been the practice of the Council to split right-of-way down the middle and if the property owner to the south should be sold the remaining 20 ft., then both properties would have equal size lots.  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 Vacating and Selling Remaining 20 Feet of Disque Street Right-of-Way, East of North Plane Street

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

2.    Statement: Consideration of An Ordinance Vacating and Selling Remaining 20 x 250 Feet of Alley Right-of-Way, East of Cottonwood Court, City of Burlington, Des Moines County, Iowa

COMMENTS: The Development Director stated that the proposed Ordinance vacates and sells the remaining 20 x 250 feet of alley right-of-way, located east of Cottonwood Court (behind Menninga Electric).  He stated that the west 10 feet would be sold to Johnny Menninga and the east 10 feet will be sold to Des Moines County as a part of land trade with the City.  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 Vacating and Selling Remaining 20 x 250 Feet of Alley Right-of-Way, East of Cottonwood Court, City of Burlington, Des Moines County, Iowa

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

3.    Statement: Consideration of An Ordinance Vacating and Selling the Remaining 44 x 135 and 25 x 60 Feet of Park Street Right-of-Way, East of Winegard Drive, City of Burlington, Des Moines County, Iowa

COMMENTS: The Development Director stated that the proposed Ordinance vacates and sells the remaining 44 x 135 and 25 x 60 feet of Park Street right-of-way, located east of Winegard Drive to Des Moines County as a part of land trade with the City.  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 Vacating and Selling the Remaining 44 x 135 and 25 x 60 Feet of Park Street Right-of-Way, East of Winegard Drive, City of Burlington, Des Moines County, Iowa
DISCUSSION: None.
(VOTE: 5 - “AYES”)                            CARRIED

ORDINANCE:

1.    Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending Section 47.08.1 of the Burlington Municipal Code to Allow City Council to Set Alarm Permit License Fees

DISCUSSION: Those who spoke against the Ordinance amending section 47.08.1 of the Burlington Municipal Code to allow the City Council to set alarm permit license fees were as follows: Joe Abrisz, John Fenton of 1332 Griswold Street, John R. Sandell of 2803 West Avenue, Shawn Gerhardt of 1000 Spring Street and Joe Wachter of 2131 South Main Street.  Joe Abrisz and John R. Sandell who work for PerMar felt that with the adoption of the Ordinance fewer alarm systems would be sold, and concern that those who would obtain a license that the information would be available to the general public under Iowa’s open record law.  Many of those that spoke felt that if the problem was false alarms, then the person with the alarm system should pay for the police department responding to false alarms.  After considerable discussion by the City Council and the Chief of Police, Mayor Scott stated that the Ordinance needed to be taken back to staff to be re-written.  He stated that he would vote against the Ordinance.   After roll call vote the second reading of the Ordinance failed with the entire Council voting against the proposed Ordinance.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - “NAYS”)                        FAILED

RESOLUTION:

1.    Resolution Approving Preliminary Plat of the 4th Addition to Westbrook Estates Subdivision

DISCUSSION: The Development Director reviewed with Council and the viewing audience the preliminary plat of the 4th Addition to Westbrook Estates Subdivision.  He stated that the 4th Addition to Westbrook Estates Subdivision is for a 10-lot subdivision.  He stated that the Plan Commission approved the preliminary plat on August 11, 2003.  He further stated that a development agreement would be approved with the approval of the final plat at a later date.  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: 8:30 p.m.                    Approved: September 2, 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

RESOLUTIONS:

1.    Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for the 2002 Memorial Auditorium Building Air Conditioning Improvements

2.    Resolution Approving Nuisance/Demolition Assessments for Various Properties

3.    Resolution Awarding Contract for the 2003 ACC Resurfacing Project

4.    Resolution Approving Purchase of Tractor/Mower and Accessories for the Parks Department

SET DATE FOR PUBLIC HEARINGS: SEPTEMBER 2, 2003

1.    Consideration of Disposition of City-Owned Property at the Southwest Corner of 6th and Angular Streets (Part of Outlot 778, Original City)

2.    Consideration of An Encroachment Agreement for the Optimist Club Avenue of the Flags Project Within the City of Burlington

APPOINTMENT:
Board of Plumbing Examiners: John Junior Harris