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Burlington City Council Minutes
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. 20
October 18, 2004

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. Former Mayor Scott presented a check from the Statue of Liberty Committee to be used as a trust fund for the statue. He stated that Sharon Parrish and Rose Lee worked very hard in raising the funds. He further stated that there was a time capsule in a water tight container located in the base of the statue. He stated that it needs to be opened up in 50-100 years from now and then more items added to the time capsule. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

BURLINGTON CITY COUNCIL

PROCLAMATIONS:
Red Ribbon Week - Stacy Hillyer
Business Women’s Week - Wilma Savage

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

PRESENTATION - PROPOSED AQUATIC PARK

DISCUSSION: The City Manager reviewed the history of the proposed aquatic park starting in 2001 with the aquatic park being identified as a need. Randy Winegard reviewed the site plans which consist of the following; an entertainment center (an indoor electric go cart track, a new 24 lane bowling center, a large video arcade with unique technology using simulators and a laser tag area); a sports bar with billiards and game room; a family style restaurant; large indoor pool area with a 20,000 square foot outdoor aquatic park. He stated that the indoor/outdoor water park would be called Huck’s Harbor using the Huck Finn theme. He stated that the indoor pool would consist of a zero entry pool with three small slides and dump bucket, large slide with inner-tube, activity pool for volleyball, rock climbing wall, snack bar and locker area. He stated that large doors could be opened up in the summer to reveal the outdoor aquatic park consisting of a zero entry pool with small slides, a large lazy river around the entire pool, four large slides, swirl pool, dump bucket and a 25 meter activity pool used for volleyball or basketball. Those who spoke in support of the aquatic center were as follows: Val Gianettino, Director of Downtown Partners, Inc., Dave Carlson of 2811 Garden, Susan Van Pelt of 1037 North 7th, John Van Pelt of 1037 North 7th, Sharon Parrish, President of the Bowling Association and Tim Scott. Those who spoke felt the aquatic park was a wonderful opportunity for the community and were very excited about the project. Everyone was very thankful to Randy Winegard and the City for this win-win project. Council Member King stated that the City was still talking with the City of West Burlington in regard to the aquatic park. Council Member Ell stated that this was an outstanding project and in reality if the City was trying to build an aquatic park on its own, it would not have been this lavish. Council Member Baker stated that the community has benefitted from Pzazz over the years. Council Member Campbell thanked Randy Winegard for choosing Burlington. Mayor Edwards stated that he was excited about the project. He stated that the City would be approving the financing of the project at the November 1, 2004 City Council Meeting. He stated that the project was on an 8-month time line. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

HEARINGS:

1. Statement: Consideration of An Encroachment Agreement for a Retaining Wall and Paving for James Nelson located at 715 South Main Street

COMMENTS: The Development Director stated that the proposed Resolution provides for an encroachment agreement for a retaining wall and paving within Spruce Street right-of-way, located north of the property at 715 South Main Street (Dairy Queen). He stated that the encroachment will be 15 feet into the City right-of-way. He stated that a new retaining wall will replace the existing wall in its current location. He further stated that paving will also occur within the City right-of-way, from the retaining wall to the Main Street right-of-way, not exceeding the farthest northern edge of the retaining wall. Council Member Baker questioned what type of material the retaining wall would be made of. Jim Nelson, owner of the Dairy Queen stated that the retaining wall would be made of large stone blocks. 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 a Retaining Wall and Paving for James Nelson located at 715 South Main Street

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

2. Statement: Consideration of Sale of 421 South 4th Street Continued from the
October 4, 2004 City Council Meeting

DISCUSSION: The City Manager stated that the City was still waiting for the title opinion for the property at 421 South 4th Street. Council Member Campbell made a motion to continue the hearing to the November 1, 2004 City Council Meeting. Council Member Ell 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 November 1, 2004 City Council Meeting

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

COMMENTS FROM AUDIENCE: Dean Phenicie of Northern Drive thanked the Mayor and City Council for cutting the weeds along Des Moines Avenue and Corse Street. Steve Fisher of 1324 Pond Street stated that he had lost his dog and that someone had already adopted his dog from the Humane Society before he was able to get it back. The Police Chief stated that the Police Department oversees the Humane Society and he suggested that Mr. Fisher contact his office. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Adjournment: 8:13 p.m. Approved: November 1, 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 Final Acceptance, Final Payment and Release of Retention Monies for the 2004 ACC Resurfacing Project

2. Resolution Approving City Council’s Strategic Plan

PETITION:
1. Motion to Receive and File Petition from Residents of Burlington, Iowa Requesting Jackson Street from Summer Street to Whittier Be Changed Back to a Two-Way Street

SET DATE FOR PUBLIC HEARING: November 1, 2004
1. Consideration of A Permanent Encroachment Agreement at 100 North 4th Street (LaMont Building)

APPOINTMENTS:
Youth Commission: Terrence Manning
Environmental Protection Board: Hal Morton



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. 19
October 4, 2004

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