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

BURLINGTON CITY COUNCIL

PROCLAMATIONS -
A Day of Prayer - Pastor Frank Beaty
Iowa’s Largest Community Basket Day - Peter Harman, Jeff Ebbing and Jill Larkins
Historic Preservation Week - Hal Morton

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 Edwards reviewed the items listed on the consent agenda to the viewing audience. Council Member Ell 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.
(VOTE: 5 - “AYES”) CARRIED

HEARINGS:
1. Statement: Consideration of An Ordinance Amending the Code 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 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 stated that the City Council had originally held a public hearing on the first reading on November 3, 2003, but due to clerical error the second reading was never added to the November 17, 2003 City Council Meeting. He reviewed with the Council and viewing audience that violations would include illegal dumping, failing to obtain license after notification, failing to abate nuisances, environmental protection issues and animal protection violations to name a few. Council Member Ell stated that the Ordinance provides that each day that a violation occurs or is permitted to exist constitutes a repeat offense. Mayor Edwards stated that the proposed Ordinance keeps the City current with State Code. 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 Ordinances of the City of Burlington, Iowa 2003, By Amending Provisions Pertaining to Municipal Infraction Civil Penalties

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

2. Statement: Consideration of An Encroachment Agreement for An Awning on the Schramms Building located at 218 Jefferson Street and 304 North Third Street

COMMENTS: The City Planner stated that Brueck Construction plans to add awnings, canopies and balconies to the Schramms building located at 218 Jefferson Street and 304 North Third Street. He further stated that the encroachment agreement provides that Brueck Construction will indemnify, defend and hold harmless the City from any all costs, expenses, demands, claims, judgements or liabilities of any kind incurred, including attorney fees and court costs. 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 An Awning on the Schramms Building located at 218 Jefferson Street and 304 North Third Street

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

ORDINANCE:

1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Vacating and Selling a 30' x 165' Portion of the East-West Right-of-Way of Court Street East and Adjacent to 4th Street

DISCUSSION: The City Manager stated that there were no changes to the Ordinance Vacating and Selling a 30' x 165' Portion of the East-West Right-of-Way of Court Street East and Adjacent to 4th Street from the first reading. Council Member King made a motion to waive the second reading and to final adopt the Ordinance Vacating and Selling a 30' x 165' Portion of the East-West Right-of-Way of Court Street East and Adjacent to 4th Street. Mayor 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 a 30' x 165' Portion of the East-West Right-of-Way of Court Street East and Adjacent to 4th Street

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

COMMENTS FROM AUDIENCE: None.

Mayor Edwards read and presented the Chief of Police the Proclamation proclaiming Police Week.

Adjournment: 7:30 p.m. Approved: May 17, 2004



Kathleen P. Salisbury Mike Edwards
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 Temporary Transfer of Liquor License for Klein and Kompany, Inc. dba/Farney’s on Jefferson for Bike Criterium Event

2. Resolution Approving Extension of Liquor License for an Outdoor Service Area for Monica E. Smith dba/Dugout Lounge for Event on May 15, 2004

3. Resolution Awarding WWTF Market St. Lift Station Generator
4. Resolution Approving Purchase of A 2004 Tractor/Loader/Backhoe

5. Resolution Approving Purchase of A 1-Ton 4-WD Heavy Duty Pickup with Plow

6. Resolution Approving Purchase of Two 3/4-Ton Heavy-Duty 2 WD Pickups with Tommy-Gates

7. Resolution Approving Purchase of a 2004 Tractor/Loader for the Wastewater Treatment Facility

8. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the Completion of the Work on the 2003 Bock Street and Herblo Drive Reconstruction

9. Resolution Adopting the Final Assessment Schedule for the 2003 Bock Street and Herblo Drive Reconstruction and Providing for the Number of Installments, the Time When Such Assessments Are Payable, and Providing Notice Thereof

10. Resolution Approving the Continuation of the $1.00 Surcharge at Flint Hills Municipal Golf Course

11. Resolution Approving Easements Across a Portion of the Northwest Corner of the RecPlex Property

SET DATE FOR PUBLIC HEARING: May 17, 2004

1. Consideration of Amendment No. 2 to Fiscal Year 2003-2004 Budget

APPOINTMENTS:
Library Board of Trustees: Jerry Parks
City Planning Commission: Dennis Wilson
Youth Commission: Nic Ritter, Maggie Dugan, Klayton Miller, Brandon McGranon, Nathan Bradley, Jordan Howell, Ryan Ervin