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.  Mayor Scott read a prepared statement from the Chief of Police announcing condolences to the family of Lt. Steve Cassidy who passed away after a lengthy illness.  He asked that the flag on top of City Hall be flown at half staff until his funeral.

BURLINGTON CITY COUNCIL

PROCLAMATION - Burlington Area United Way Time - Kathleen Hemmesch and Doug Martin

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

COMMENTS: The Development Director stated that the City received a request from Larry Gapen for the purchase of City-owned property located at the southwest corner of 6th and Angular Streets.  He stated that the City spends approximately $600.00 a year for mowing of the property.  He stated that the City would be selling the property to Larry Gapen for $1.00.  He stated that Larry Gapen plans to build a home on the property.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

    Motion to Close                        CARRIED


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

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

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

COMMENTS: The Development Director stated that the encroachment agreement provides that the Optimist Club of Burlington to set out American flags within the City right-of-way in Burlington during five holidays throughout the year.  He stated that the one-time fee of $200.00 has been waived given the patriotic and philanthropic nature of the request.  He further reviewed the terms of the agreement.  A member of the Optimist Club stated that the $35.00 fee was a voluntary subscription by the property owner for placement of a flag during the five holidays and that it was a fund raiser for the Optimist Club. Plans are to start Memorial Day 2004.  All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

    Motion to Close                            CARRIED

    Resolution Approving An Encroachment Agreement for the Optimist Club Avenue of the Flags Project Within the City of Burlington

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

ORDINANCES:

1.    Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Vacating and Selling Remaining 20 Feet of Disque Street Right-of-Way, East of North Plane Street

DISCUSSION:  The City Manager stated that there were no changes to the Ordinance Vacating and Selling Remaining 20 Feet of Disque Street Right-of-Way, East of North Plane Street from the first reading.  He stated that a letter from Mrs. Carl Smith has been added to the record.   Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Vacating and Selling Remaining 20 Feet of Disque Street Right-of-Way, East of North Plane Street.  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 Vacating and Selling Remaining 20 Feet of Disque Street Right-of-Way, East of North Plane Street

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 Remaining 20 x 250 Feet of Alley Right-of-Way, East of Cottonwood Court, City of Burlington, Des Moines County, Iowa

DISCUSSION:  The City Manager stated that there were no changes to the 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 from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the 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. 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 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

5.    Motion to Amend the Motion for Preliminary Adoption of the Second 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:  The City Manager stated that there were no changes to the 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 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 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.  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 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

COMMENTS FROM AUDIENCE: None.

Adjournment: 7:28 p.m.                    Approved: September 15, 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 and Final Payment for the 2002 Crapo Park Fountain Repair

2.    Resolution Approving Final Acceptance and Release of Retention Monies for the 2003 Columbia Street Reconstruction

3.    Resolution Approving Final Acceptance and Release of Retention Monies for the 2003 Cindy/Cathmar/Terrace Reconstruction

4.    Resolution Approving Final Acceptance for the 2003 Alley Improvement Project from Lucus Street to Mt. Pleasant Street Between Chalfant Street and Doemland Street

5.    Resolution Amending Building Permit Fees Effective with Bills Rendered On Or After October 1, 2003
               
6.    Resolution Awarding Contract for the 2003 Division Street Reconstruction

APPOINTMENTS:
Board of Plumbing Examiners: Gary Wunderlich
Construction Board of Appeals: George Fanning, David Metzger, Richard Rehman