Meeting No. 39
August 4, 2003

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.  A director of the Des Moines County
Neighborhood Watch Association invited the public to an event being held
on August 5, 2003 at the corner of Argyle and Kirkwood Street from 6
p.m. to 10 p.m..  She stated that a community wide picnic would be held
on Saturday, August 9, 2003 at Dankwardt Park Shelter.  She further
stated that dessert and entertainment would be provided.

BURLINGTON CITY COUNCIL

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.  All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.
(VOTES: 5 - “AYES”)      CARRIED

PRESENTATIONS:
1. Presentation by the Library Board of Trustees Regarding Future
Library Facilities - Win Boyd, Chairperson

DISCUSSION: Win Boyd, Chairperson of the Library Board of Trustees
explained that during the summer of 2002, Great River Health Systems
donated the former BMC site to the City to be used as a site for a new
library with a two year time period or else the site will revert back to
GRMC.  He stated that one year has now passed.  He stated that when the
present library was built it served 6,000 users, today it serves 22,000
card holders.  He stated that the present library is out of space and
was not ADA accessible.  He reviewed the layout of the new facility and
the operating costs of the new facility verses the old facility.  He
further reviewed the funding plan for the new library facility which
would be funded as follows: City $700,000.00; previous contributions
$200,000.00; Friends Library Foundation Pledge $6,000,000.00; and
private fundraising $2,300,000.00 for a total project cost of
$9,200,000.00.  He explained that the City would pay 8% of the cost of
the library with 92% of the cost being private funds.  He stated that
this was a great deal for the citizens of Burlington. He further stated
that construction would begin in the spring of 2004 and the project
would be completed in the fall of 2005.  Those who spoke against the
building of a new library were Stan Russell of 622 South 12th Street and
Leon Shanhan of 1821 Mt. Pleasant Street.  Those that spoke were
concerned with the cost of the project and felt the issue should come
before the voters or that the present library could be expanded.  All
present had opportunity to speak and nothing additional was filed in the
office of the City Clerk.

2. Presentation by the Historic Preservation Commission Regarding
Library Building Reuse - Hal Morton, Chairperson

DISCUSSION: Hal Morton, Chairperson the Historic Preservation Commission
gave a brief overview of the following: pros; linkage; Library Reuse
Committee; City Council goals; Reuse considerations; three types of
costs; State funding opportunities; local vs. outside funding; potential
uses; possible partial uses; Des Moines County Historical Society; the
present facilities of the Des Moines County Historical Society; great
public spaces/display areas; meeting rooms/work areas/expansion space;
special features; special needs; challenges to the Des Moines County
Historical Society and pursuing State planning grant.  He stated in
summary the Historical Preservation Commission would be working with the
Des Moines County Historical Society, the City and the Library Board to
assist in grants.  Janet McCannon representing the Des Moines County
Historical Society stated that the present Apple Trees Museum site was
insufficient to meet their needs.  She stated that they would like to
have an interactive children’s museum as a part of their museum in the
old library.  She stated that the use of the library would allow for an
expanded facility and expanded hours.  She stated that redevelopment of
the library to meet their needs would take place in phases and private
funds would need to be raised.  Those who spoke in favor of the reuse of
the library by the Des Moines County Historical Society were:  Jerry
Jochims of the AdHoc Reuse Committee, Ellen Fuller and Bob Hanson.
Those who spoke in favor the library felt that now was the best time for
a new library to be built at the beautiful, free location and that it
was a quality of life issues for businesses moving or expanding in
Burlington to have a nice library and an interactive museum.  Those who
spoke against the reuse of the library were as follows: Leon Shahan of
1821 Mt. Pleasant Street and Bryon Schnicker of 216 Ordnance Court.
Those who spoke felt it would cost too much money to renovate the
present library to fit the needs of the Des Moines County Historical
Society; a fund-raising drive for a new library and a fund-raising drive
for the reuse of the present library at the same time was not a good
idea; and they were concerned with the population of Burlington dropping
due to the economy.  Council Member King read a prepared statement in
favor a new library.  Council Member Edwards felt that there could be a
reverse referendum.  If stated that if the citizens are knowledgeable
about the issue, they will vote in favor.  Council Member Baker stated
that she would like to see a library built some day, but felt that right
now many people in the community were unemployed or retired and that the
project should be brought up to the voters.  Council Member Kellogg
stated that a person owning a home assessed at $100,000.00 would pay
$7.00 a year for a new library.  He stated that $7.00 a year was less
money that a person spends on a pizza.  Mayor Scott stated that the
Council has given direction to the Library Board of Trustees not to
exceed $9,200,000.00 on the new library and that the City will give
$700,000.00 for the project and there has been public input on the
project.  He stated that if the plan ends up being lower than
$9,200,000.00 then the City may not have to give $700,000.00 for the
project.  He suggested that the issue should be looked at next spring
when the Council can look at the dollars and cents.  He stated that a
public hearing would be held on the bonding issue.  He thanked everyone
for attending and encouraged the Library Board of Trustees and the
Library Building Reuse Committee to continue the process, to pursue more
answers for the public and that public funds for the restoration of our
library will be needed.  He stated that the use of the building by the
Des Moines County Historical Society was a good idea and that use by the
Des Moines County Law Library was also a good idea.  All present had
opportunity to speak and nothing additional was filed in the office of
the City Clerk.

HEARINGS:

1. Statement: Consideration of An Ordinance Amending Section 47.08.1 of
the Burlington Municipal Code to Allow City Council to Set Alarm Permit
License Fees

COMMENTS: The Police Chief stated that the proposed Ordinance amends
section 47.08.1 of the City Code to allow the City Council to set alarm
permit license fees by Resolution.  He stated that all licenses would
expire June 30.  He stated that Council would approve a license fee
schedule at the final reading of the Ordinance.  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 Section 47.08.1 of the Burlington Municipal Code to Allow City
Council to Set Alarm Permit License Fees

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

2. Statement:  Consideration of An Encroachment Agreement Between the
City of Burlington and MacArthur Coffin and Orin Smith dba/Beer Tent,
Permitting the Encroachment of An Awning Located in the Front of the
Building at 217 Valley Street

COMMENTS: The Development Director stated that the proposed Resolution
provides for an encroachment agreement with MacArthur Coffin and Orin
Smith dba/Beer Tent for the placement of an awning that will be
constructed in the front of their building at 217 Valley Street.  He
stated that the awning would be 8 feet above the sidewalk grade, 18 feet
long and 4 feet high.  He stated that the agreement provides that the
awning will be kept in good repair; that the owners (Coffin and Smith)
will indemnify, defend, and hold harmless the City from any and all
costs, expenses, and attorney fees that should arise from any occurrence
within the encroachment area.  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 Between the City of
Burlington and MacArthur Coffin and Orin Smith dba/Beer Tent, Permitting
the Encroachment of An Awning Located in the Front of the Building at
217 Valley Street

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

3. Public Hearing, Consideration of Plans and Specifications for the
2003 Division Street Reconstruction

COMMENTS: The Public Works Director reviewed the plans and
specifications for the 2003 Division Street Reconstruction with Council
and the viewing audience.  He stated that the project would be divided
into 4 phases with the project being bid on August 20, 2003 and awarded
by the Council on September 2, 2003.  He stated that work should be
completed by end of November/first of December, 2003.  He stated that
the City had budgeted $250,000.00 with $130,000.00 general obligation
bonds and $120,000.00 local option sales tax monies and the IDOT funding
was $107,000.00 for a total of $357,000.00.  The City’s current
estimated cost of the project is $375,000.00.  Discussion took place
regarding the railroad crossing and what procedures would follow should
the railroad become abandoned.  All present had opportunity to speak and
nothing additional was filed in the office of the City Clerk.

 Motion to Close       CARRIED

 Resolution Approving Plans and Specifications for the 2003 Division
Street Reconstruction

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

RESOLUTION:

1. Resolution Approving Final Plat of Park South Phase III Subdivision

DISCUSSION: The Development Director stated that there were no changes
for the Final Plat of South Park Phase III Subdivision from the
discussion of the preliminary plat that was approved by Council on July
21, 2003.  All present had opportunity to speak and nothing additional
was filed in the office of the City Clerk.
(VOTE: 5 - “AYES”)       ADOPTED

COMMENTS FROM AUDIENCE: None.

Adjournment: 9:15 p.m.      Approved: August 18, 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 Demolition Assessments

2. Resolution Approving Refund of Liquor License for Amera Team
Investments, Inc., dba/The Burlington Family Restaurant

3. Resolution Approving Contract for Replacement and Rebuilding of
Burlington Depot Doors

4. Resolution Approving Purchase of A Used Pickup Truck for the Parks
Department

5. Resolution Authorizing Filing of An Application for A REAP Grant
Through the Iowa Department of Natural Resources for the Crapo Park
Bluff Restroom

6. Resolution Approving Agreement with the Des Moines County Board of
Supervisors for Mutual Exchange of Real Estate

7. Resolution Awarding Contract for the 2003 Bock Street and Herblo
Drive Reconstruction

SET DATE FOR PUBLIC HEARINGS: August 18, 2003

1. Consideration of An Ordinance Vacating and Selling Remaining 20 Feet
of Disque Street Right-of-Way, East of North Plane Street

2. Consideration of An Ordinance Vacating and Selling 250-Foot Portion
of the North-South 20-Foot Wide City Alley Right-of-Way Located Between
Vineyard and Park Streets

3. Consideration of An Ordinance Vacating and Selling 44 by 135 Feet and
25 by 60 Feet of Park Street Right-of-Way Located North of Vineyard
Street, Adjacent to Winegard Drive