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

CERTIFICATE OF APPRECIATION - ELIZABETH THOMAS

PROCLAMATION: MISSISSIPPI RIVER SHORELINE CLEANUP DAY - LISA HOFFMAN AND KATHLEEN HEMMESCH

PROCLAMATION OF SUPPORT FOR THE TROOPS OF THE 224TH ENGINEER BATTALION CALLED UP FOR ACTIVE DUTY - KOLEEN STARKEY

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 Baker requested the removal of the Resolution Approving Purchase of Taser X26®’s for the Police Department from the consent agenda for discussion at the end of the meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTES: 5 - “AYES”) CARRIED

HEARINGS:

1. Statement: Status of Funding for the Des Moines County Care Facility for the Construction of Two New Facilities and Rehabilitation of An Existing Facility

COMMENTS: Susan Coffey, Project Administrator, reviewed the status of funding for the Des Moines County Care Facility. She stated that the project includes the construction of two new facilities and rehabilitation of an existing facility to provide services for 21 disabled individuals, 15 to receive intensified rehabilitation and six to receive independent living training. An additional 25 individuals will receive other life skills training. She stated that the contract end date was February 28, 2005. She reviewed details of the project with the Council and the viewing audience. She stated that money for the project was coming from two different entities $400,000.00 was from Community Development Block Grant (CDBG) and $1,087,000.00 was coming from the Des Moines County Mental Health budget. She stated that Des Moines County requested $400,000.00 from the Iowa Department of Economic Development and of that $400,000.00, $326,643.00 would come from the Des Moines County CDBG funds and $73,357.00 would be funded by the City of Burlington’s CDBG fund. She stated that the reason for using the City’s CDBG funds was that the County was only eligible for $600,000.00 and the Des Moines County Young House Project was requesting $273,357.00, which leaves $326,643.00 for the Des Moines County Care Facility Project. She stated that since the Des Moines County Care Facility is located in the City of Burlington, Des Moines County is eligible to use the City of Burlington’s CDBG funds they were not using that year. She further stated that the Des Moines County Supervisors extended a thank you to the Burlington City Council for the use of Burlington’s CDBG monies for the project. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

2. Statement: Consideration 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

COMMENTS: The Planning Director stated that the proposed Ordinance rezones
approximately 9.9 acres located east of Roosevelt Avenue between Division Street and Johannsen Drive from single family residential to general commercial. He stated that the proposed Ordinance corrects a zoning line error. 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 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

3. Statement: Consideration of Resolution of Necessity for the 2004 Alley Reconstruction, from Garfield Avenue to 124' West of Perkins Avenue, between South Street and Pine Street Tabled from the August 16, 2004 City Council Meeting

COMMENTS: The Public Works Director stated that in order to proceed with the 2004 Alley
Reconstruction, from Garfield Avenue to 124' West of Perkins Avenue, between South Street and Pine Street Assessment District the City Council needs to hold the hearing on the Resolution of Necessity. He reviewed the plans and specifications of the project with Council and the viewing audience. He stated that the estimated cost of the project was $47,520.00 with the total cost of the project being assessed to the property owners. He stated that bids would be received on September 22, 2004 with the project being awarded by the City Council on October 4, 2004. He stated that construction would take place this fall. William King, representing the United Pentecostal Church, questioned what the plans were for the concrete slab that comes off of Garfield. The Public Works Director stated that the concrete slab would be removed and replaced with concrete due to the storm sewer work. He stated that the property owners would have ten years to pay for the assessment with interest. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

Motion to Close CARRIED

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

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

4. Statement: Consideration of Plans and Specifications for the 2004 Alley Reconstruction, from Garfield Avenue to 124' West of Perkins Avenue, between South Street and Pine Street

COMMENTS: None.

Motion to Close CARRIED

Resolution Approving Plans and Specifications for the 2004 Alley Reconstruction, from Garfield Avenue to 124' West of Perkins Avenue, between South Street and Pine Street

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

RESOLUTION:

1. Resolution Approving Purchase of Taser X26®’s for the Police Department

DISCUSSION: Council Member Baker stated that the Police Department did a demonstration of the Taser X26®’s for the City Council at a Council work session. She stated that she had recently spoke with a police officer from Overland Park, Kansas that they were waiting to purchase Taser X26®’s for their department until they’ve heard more pros/cons on the use of the Taser X26®’s . Deputy Chief Luttenegger stated the Police Department has done a lot a research on the issue of Taser X26®’s. He stated that they were less lethal than the use of a night stick or a gun. Council Member King stated that he has spoken with several patrol officers at the Burlington Police Department and they were happy to be able to use the Taser X26®’s. Mayor Edwards stated that the use of the Taser X26®’s should help with the reduction of work/compensation injuries. 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: 7:43 p.m. Approved: September 20, 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 The Drake, LLC for Heritage Days Event on September 24 and 25, 2004

2. Resolution Approving Refund of Liquor License for DLS Management Corporation dba/Fat Tuesdays

3. Resolution Approving Agreement with Burlington Baseball Association, Inc. for the Use of Community Field for Midwest League Baseball Games

4. Resolution of Support and Financial Commitment for the Main Street Program in Burlington, Iowa

5. Resolution Approving Mutual Aid Agreement for Fire Department

6. Resolution Approving Fiscal Year 2003-2004 Street Finance Report, Road Use Tax

7. Resolution Approving Lease with Des Moines County Historical Society for Use of Apple Trees Museum

SET DATE FOR PUBLIC HEARING: September 20, 2004

1. 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