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. 27
February 3, 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.
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: Brad Cranston of 501 South Garfield requested the removal of the Resolution of Support in Establishing Sexual Orientation As A Basis for Discrimination in the State of Iowa from the Consent Agenda for discussion at the close of the meeting. 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.
(VOTE: 5 - "AYES") CARRIED
HEARINGS:
1. Statement: Consideration of Plans and Specifications for the 2003 Cindy/Cathmar/Terrace
Reconstruction
COMMENTS: The Public Works Director reviewed the plans and specifications for the 2003
Cindy/Cathmar/Terrace Reconstruction for the Council and the viewing audience. He stated that
the project would be divided into three phases, Cindy (phase I), Cathmar (phase II) and Terrace
(phase III). He further stated that phase III would take place after school is out. The project was
budgeted at $300,000.00 and the estimated cost of the project was $260,000.00. Bids would be
opened on March 5, 2003 and the project would be awarded on March 17, 2003. The project
would be funded with sales tax monies. Shawn Gearhardt of 1000 Spring Street questioned why
the homeowners along Cindy/Cathmar/Terrace were not being assessed for the project. The
Mayor explained that streets that are already permanent (curb and gutter) the City funds
reconstruction at 100%. Dave Miller of 2918 Cathmar questioned when the reconstruction of
Cathmar would commence. The Public Works Director stated that the project would be award by
the Council on March 17, 2003 and the project could possible commence the middle of April
depending on the availability of the contractor and weather. 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 Cindy/Cathmar/Terrace
Reconstruction
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
2. Statement: Consideration of Plans and Specifications for the 2003 Jefferson Street
Reconstruction
COMMENTS: The Public Works Director reviewed the plans and specifications for the 2003
Jefferson Street Reconstruction, 5th Street to 6th Street with Council and the viewing audience.
He stated that the project would consist of parallel parking on the north side of the street and
diagonal parking on the south side of the street. He stated that parking would increase from 15 to
21 parking spaces. He further reviewed other aspects of the project. He stated that the project
has been budgeted at $230,000.00 with estimated cost of the project at $205,000.00 and would
be funded with general obligation bonds, sales tax and road use tax funds. The project would be
awarded March 17, 2003 by the City Council. He further stated that the project would be
constructed in three phases with one lane of traffic open to vehicles. The project would
commence approximately May 27 and would be completed by late July, weather permitting. 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 Jefferson Street
Reconstruction
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
ORDINANCES:
1. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Vacating and Selling the North-South 240 Feet of the 16-Foot Wide Alley
Right-of-Way, Adjacent to Lots 616, 617, 618 and 619 and Lots 520, 521, 522 and 523,
Original City
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Vacating and Selling the North-South 240 Feet of the 16-Foot Wide Alley Right-of-Way, Adjacent to Lots 616, 617, 618 and 619 and Lots 520, 521, 522 and 523, Original City from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Vacating and Selling the North-South 240 Feet of the 16-Foot Wide Alley Right-of-Way, Adjacent to Lots 616, 617, 618 and 619 and Lots 520, 521, 522 and 523, Original City. Council Member 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 the North-South
240 Feet of the 16-Foot Wide Alley Right-of-Way, Adjacent to Lots 616, 617, 618 and
619 and Lots 520, 521, 522 and 523, Original City
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Motion to Amend the Motion for Preliminary Adoption of the Second Reading of An
Ordinance Amending Ordinance No. 3159 of Chapter 1.20 Precinct Boundaries of the
Burlington Municipal Code
DISCUSSION: The City Manager stated that there were no changes to the Ordinance Amending Ordinance No. 3159 of Chapter 1.20 Precinct Boundaries of the Burlington Municipal Code
from the first reading. Council Member Kellogg made a motion to waive the second reading and to final adopt the Ordinance Amending Ordinance No. 3159 of Chapter 1.20 Precinct Boundaries of the Burlington Municipal Code. Council Member 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
4. Motion for Waiver of Preliminary Consideration and Adoption of the Second Reading and
for Final Adoption of An Ordinance: An Ordinance Amending Ordinance No. 3159 of
Chapter 1.20 Precinct Boundaries of the Burlington Municipal Code
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Providing City Council Direction for the Future of the Burlington Public
Library Facility
DISCUSSION: The City Manager stated that the proposed Resolution provides that the City Council give additional direction to the Library Board of Trustees as follows: proceed with a concept for a new library building at this site; establish a $9.2 million maximum budget for the project; keep the future operational costs of this new building the same as the current operational costs; City funding of the project not to exceed $700,000.00; keep a focus of building for today and planning for the future; a concept plan for the said building and site to be presented to the City Council by or before July, 2003 and to provide opportunity for public input and review through out the planning process. He stated that the Resolution also provides additional direction to the Historic Preservation Commission to find a public reuse for the existing library building with potential funding sources to be presented to the City Council by or before July, 2003. Shawn Gearhardt of 1000 Spring Street and Elliott "Andy" Anderson of 119 South Adams felt there needed to be more jobs created in Burlington before the City builds a new library. Bobby Wilson of 2429 Herman reminded the viewing audience that construction of a new library would mean employment of construction workers and spending of money in Burlington by those construction workers. After considerable discussion by the Council they voted unanimously to give direction to the Library Board of Trustees for the future of the Burlington Public Library Facility. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Resolution of Support in Establishing Sexual Orientation As A Basis for Discrimination in
the State of Iowa
DISCUSSION: Those who spoke against the Resolution of Support in Establishing Sexual Orientation As A Basis for Discrimination in the State of Iowa were as follows: Brad Cranston representing Heritage Baptist Church, Aaron Sylvester of 1001 Hagemann Avenue and Tod Perdelwitz of Beaverdale Road. They stated that the homosexual/lesbian lifestyle was not moral and was an abomination in the eyes of the Lord. Those who spoke in favor of the Resolution were as follows: Rick Johnson of 1820 Highland Avenue; Jeff Heland, Chairperson of the Human Rights Commission; Nancy Schulte of 2556 Surrey Road; Vicki Hart of 801 South 9th Street; Kathleen Harris of 1820 Highland Avenue and Heather Straight of 1016 North 9th Street. They stated that homosexuals/lesbians should have the same rights as heterosexuals and needed to be a protected class. After considerable discussion by both sides, the Council voted unanimously in support of establishing sexual orientation as a basis for discrimination in the State of Iowa. 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: 9:08 p.m. Approved: February 18, 2003
Kathleen P. Salisbury Timothy E. Scott
City Clerk, CMC 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
PETITION:
1. Motion to Receive and File Petitions from Citizens Regarding Sexual Orientation
RESOLUTIONS:
1. Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies
for the 2002 Spiegel Street Sanitary Sewer Project
2. Resolution Approving Extension of Outdoor Service Area for Burlington Steamboat
Days, Inc. dba/Burlington Steamboat Days, Inc., 200 Front Street for Burlington
Steamboat Days, June 17 - 22, 2003
3. Resolution Approving Extension of Outdoor Service Area for Burlington Steamboat
Days, Inc. dba/Burlington Steamboat Days, Inc., 400 Front Street for Burlington
Steamboat Days, June 17 - 22, 2003
4. Resolution Approving the Collective Bargaining Agreement Between the City of
Burlington, Iowa and Local 301 of the International Association of Firefighters, AFL-CIO
July 1, 2003 - June 30, 2006
5. Resolution Approving Agreement with Howard R. Green for Engineering Study for
Improvements at the Wastewater Treatment Facility
6. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the
Completion of the Work on the 2001 Mason Road Paving and Sanitary Sewer Project and
Providing Notice Thereof
7. Resolution Adopting the Final Assessment Schedule for the 2001 Mason Road Paving and Sanitary Sewer Project and Providing the Number of Installments, the Interest Rate of Unpaid Installments, the Time when Such Assessments are Payable and Providing Notice Thereof