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
- Fire Prevention Week - Mike Hartman
- Try Transit Week - Larry Gantz
- Domestic Violence Awareness Month - Char Blodgett

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. 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 Sale of 421 South 4th Street

COMMENTS: The City Manager stated that the proposed Resolution provides for the sale of 421 South 4th Street to Georgette Allen for $1,000.00. He stated that the property was sold two years ago with a commitment by the owner to build a home on the property within two years or the property would revert back to the City. He stated that no home was built by the owner and at this time the City was waiting for the title opinion. The Development Director stated that the property was located at the corner of 4th Street and Vine Street. He stated that the property consisted of two lots. He stated that it presently cost the City approximately $150.00-$200.00 each year to maintain. He reviewed the five conditions of the sale of the property, including that a single-family home must be constructed upon this property within two years of the sale
(October 4, 2006) and if no home is constructed within the time frame, the property will revert back to the City of Burlington, at no cost to the City. Council Member Campbell made a motion to continue the hearing to the October 18, 2004 City Council Meeting. 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.

Motion to Continue Hearing to the October 18, 2004 City Council Meeting

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

ORDINANCE:

1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Vacating and Selling 380 Feet of the North-South 16 Foot Alley, Right of Way, Located Between 9th Street and 10th Street And Running from Spring Street to Arch Street, City of Burlington, Des Moines County, Iowa

DISCUSSION: The City Manager stated that there were no changes to the Ordinance vacating and selling 380 feet of the north-south 16 foot alley, right of way, located between 9th Street and 10th Street and running from Spring Street to Arch Street, City of Burlington, Des Moines County, Iowa from the first reading. Council Member King made a motion to waive the second reading and to final adopt the Ordinance vacating and selling 380 feet of the north-south 16 foot alley, right of way, located between 9th Street and 10th Street and running from Spring Street to Arch Street, City of Burlington, Des Moines County, Iowa. 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 380 Feet of the North-South 16 Foot Alley, Right of Way, Located Between 9th Street and 10th Street And Running from Spring Street to Arch Street, City of Burlington, Des Moines County, Iowa

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

COMMENTS FROM AUDIENCE: None.

Adjournment: 7:23 p.m. Approved: October 18, 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 Demolition/Nuisance Abatements for Various Properties

2. Resolution Approving 5-Day Special Class “C” Liquor License (Beer/Wine) for Burlington Fine Arts League for the Burlington Fine Arts Gala on November 13, 2004

3. Resolution Awarding Contract for the 2004 Alley Reconstruction, from Garfield Avenue to 124' West of Perkins Avenue, between South Street and Pine Street

4. Resolution Approving A Temporary Encroachment Agreement at 100 North 4th Street (LaMont Building) for Two Access Ramps

SET DATE FOR PUBLIC HEARING: October 18, 2004
1. Consideration of An Encroachment Agreement for a Retaining Wall and Paving for James Nelson located at 715 South Main Street