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Bobby WorldWide Approved

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. 18
September 20, 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:
- Appreciation to Case/New Holland - Steve Vanzant
- Burlington Area United Way Time - Kathleen Hemmesch and Gregory Scott

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 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

COMMENTS: The City Planner stated that the proposed Ordinance provides for the vacation and sale of 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 to the Burlington Community School District. He stated that future plans for the vacation include an enlarged playground and possible expansion of the school. He further stated that the Plan Commission approved the vacation and sale of the property. He reviewed with the Council and the viewing audience the six conditions to the sale. 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 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

ORDINANCE:

1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An Ordinance Amending the Official Zoning Map for the City of Burlington, Iowa by Rezoning 9.9 Acres More or Less from R-2 (Single Family Residential) to C-2 (General Commercial), Located East of Roosevelt Avenue between Division Street and Johannsen Drive

DISCUSSION: The City Manager stated that there were no changes to the Ordinance Amending the Official Zoning map for the City of Burlington by rezoning 9.9 acres more or less from R-2 (single family residential) to C-2 (general commercial), located east of Roosevelt Avenue between Division Street and Johannsen Drive from the first reading. Council Member King made a motion to waive the second reading and to final adopt the Ordinance amending the official zoning map for the City of Burlington by rezoning 9.9 acres more or less from R-2 (single family residential) to C-2 (general commercial), located east of Roosevelt Avenue between Division Street and Johannsen Drive. 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.
(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 Amending the Official Zoning Map for the City of Burlington, Iowa by Rezoning 9.9 Acres More or Less from R-2 (Single Family Residential) to C-2 (General Commercial), Located East of Roosevelt Avenue between Division Street and Johannsen Drive

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

COMMENTS FROM AUDIENCE: Dean Phenicie of Northern Drive stated that he noticed as he was riding his bike that the following areas needed mowing: Des Moines Avenue and Corse Street. He further stated that the sidewalk by Walgreens on Roosevelt has not been replaced since the street improvements. The City Manager asked the City Planner to follow through with the Nuisance Inspectors in regard to the mowing. He further stated that the sidewalk by Walgreens on Roosevelt should be replaced by the Iowa Department of Transportation. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.



Adjournment: 7:17 p.m. Approved: October 4, 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 5-Day Special Class “C” Liquor License (Beer/Wine) for Burlington Notre Dame, Inc. for an Off-Broadway Musical Event on October 9, 2004

2. Resolution Approving 30-Day Cigarette Suspension for Kwik Shop No. 570 for Third Violation of Providing Tobacco to Minors

3. Resolution Authorizing the Submittal of a TIP Revision Request to Transfer the 2004 South Street HMA Project from FY2004 to FY2005 and Increase the STP Funds Available for the Project

4. Resolution Amending Resolution No. 2004-142 Providing for Parallel Parking on the West Side of 5th Street from Washington Street to Columbia Street

5. Resolution of Support for the Channel Catfish as Iowa's State Fish

6. Resolution Approving an Extension of An Agreement with Thomas L. Shockley Jr. and Rebecca R. Shockley for Right of First Refusal and Option Agreement for the Purchase of Real Property Bounded by Division Street on the South, 6th Street on the West, 5th Street on the East and Market Street on the North

SET DATE FOR PUBLIC HEARING: October 4, 2004
1. Consideration of Sale of 421 South 4th Street