Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, (319)753-8124.



MINUTES OF THE PROCEEDINGS

OF THE BURLINGTON, IOWA CITY COUNCIL

Meeting No. 27

February 5, 2001

The Burlington City Council met in regular session at 7:00 p.m. with Mayor Scott, Council Members Edwards, Kellogg, Thomas and Wehrle present. Boy Scout Troop No. 11 of St. Lukes Church lead the Council and the audience in the pledge of allegiance. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

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 listed under Item I., Consent Agenda.

DISCUSSION: Mayor Scott reviewed the items listed on the consent agenda to the viewing audience. Council Member Thomas announced those individuals appointed to various City commissions and boards. Shane Pholman of 707 South 8th Street requested the removal of the Resolution Approving Denial of Liquor License from the consent agenda for discussion at the end the meeting. Council Member Thomas requested the removal of the Resolution Supporting the Expansion of the Iowa Beverage Container Deposit Law 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.

(VOTE: 5 - "AYES") CARRIED

HEARING:

1. Statement: Consideration of Plans and Specifications for the 2001 Angular/Main and Division/Plane Traffic Signals

COMMENTS: The Public Works Director reviewed with Council and the viewing audience the plans and specifications for two projects, the 2001 Angular/Main Traffic Signals and the 2001 Division/Plane Traffic Signals. He stated that currently the intersection of Division/Plane was not signalized and the signals at the intersection of Angular/Main were outdated and needed to be replaced. He stated that bids would be received on March 7, 2001 and the projects would be awarded at the March 19, 2001 City Council Meeting. He stated that estimated cost for the projects were $120,000.00 (Division/Plane) and $85,000.00 (Angular/Main) for a total amount of $205,000.00. He stated that the Division/Plane project would qualify for $65,000.00 in traffic safety funds. He further stated that the projects would be completed in October or November of 2001. 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 2001 Angular/Main and Division/Plane Traffic Signals

DISCUSSION: Council Member Wehrle stated that he did not feel traffic signals were needed, but would vote in favor of the project since the project was at this point in the process. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") ADOPTED

PUBLIC PRESENTATION:

1. Capital Improvement Program (CIP)

DISCUSSION: The City Manager reviewed with Council and the viewing audience the Capital Improvement Program for 2001-2006. He stated that the Capital Improvement Program expenditures for FY 2001-2006 were $40,685,650 down 35.9%. He reviewed the following with Council and the viewing audience: capital budget assumptions; spending graphs; proposed capital project spending for FY 2001-2002 ($10,490,342.00); major changes for FY 2000-2001; major changes in FY 2001-2006; CIP program list. The Public Works Director reviewed the five year street plan with Council and the viewing audience. The Deputy City Manager reviewed funding considerations; debt capacity graph; actual debt compared to capacity; non-voted levy 1999-2014; local option sales tax receipts; sales tax allocation for 2001-2002; and road use tax comparison. The City Manager stated that Council would be presenting the Capital Improvement Program on February 12, 2001 at 7 p.m., Memorial Auditorium Banquet Room. Mayor Scott encouraged the public to attend the presentation. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

RESOLUTIONS:

1. Resolution Approving Denial of Liquor License

DISCUSSION: Jean Gulick of 1029 North 10th Street stated that she was the owner of Blazin Bob's, formerly the Nite Twain. She stated that it was through misinformation that she operated Blazin Bob's without a liquor license. Shane Pholman of 707 South 8th Street, friend of Jean Gulick, stated that he was planning on working at Blazin Bob's on a part-time basis. He stated that they have done a lot of cleanup and renovation of the tavern. Council Member Wehrle questioned who was applying for the liquor license. Jean Gulick stated that she filled out the application as owner of the corporation. Council Member Thomas questioned how Jean Gulick came up with the name of Blazin Bob's for the tavern. Shane Pholman stated that Jean Gulick had owned Blaze Motors and Bob would come in and sing karokee. The Police Chief stated that he first learned of the establishment last Monday when he received a phone call from Judy Sieb of the Alcoholic Beverage Division. He stated that officers did a compliance check/investigation of the establishment and found six violations. He stated his concern with the management and violations of the establishment. He stated that the Alcoholic Beverages Division would also be investigating the establishment. Mayor Scott stated that he would have preferred the Resolution to be written in the positive format and then the Council could either vote in favor or vote against the Resolution. After discussion with the applicant the Council voted against denial of the liquor license which would bring the issue back before the Council for approval or denial at the February 20, 2001 Council Meeting. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "NAYS") FAILED

2. Resolution Supporting the Expansion of the Iowa Beverage Container Deposit Law

DISCUSSION: Council Member Thomas stated that he was not in favor of expanding the Iowa beverage container deposit law as retailers should not be the dumping ground for bottles. He stated that there needed to be a better curb side recycling program. Council Members Wehrle, Edwards and Kellogg stated their support of expanding the Iowa beverage container deposit law. They stated that the expansion of the beverage deposit law would provide for: less littering along the highways; fewer items taken to landfill; and savings to taxpayers by not having to expand landfill. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 4 - "AYES" EDWARDS, KELLOGG, SCOTT, WEHRLE

1 - "NAY" - THOMAS) ADOPTED

COMMENTS FROM AUDIENCE: None.

Adjournment: 8:45 p.m. Approved: February 20, 2001





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, CIGARETTES, REFUNDS, OR TRANSFERS'

NUISANCE ABATEMENTS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the Completion of the Work on the 2000 Alley Reconstruction from Mason Road to Louisa Street Between Starr Avenue and Leebrick Street

2. Resolution Adopting the Final Assessment Schedule for the 2000 Alley Reconstruction from Mason Road to Louisa Street Between Starr Avenue and Leebrick Street

3. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the Completion of the Work on the 1999 Residential Street Improvement Program, Hedge Street, 13th Street to 14th Street, Division I

4. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the Completion of the Work on the 1999 Residential Street Improvement Program, Steuben Street, Vogt Street to Grube Street, Division II

5. Resolution Finding the Amount of Cost to be Assessed Upon Acceptance of the Completion of the Work on the 1999 Residential Street Improvement Program, Dehn Street, LeSylvia Drive to Bock Street, Division III

6. Resolution Adopting the Final Assessment Schedule for the 1999 Residential Street Improvement Program, Hedge Street, 13th Street to 14th Street, Division I

7. Resolution Adopting the Final Assessment Schedule for the 1999 Residential Street Improvement Program, Steuben Street, Vogt Street to Grube Street, Division II

8. Resolution Adopting the Final Assessment Schedule for the 1999 Residential Street Improvement Program, Dehn Street, LeSylvia Drive to Bock Street, Division III

9. Resolution Awarding Contract for the 2001 Alley Reconstruction from Mason Road to Louisa Street between Leebrick Street and Garfield Avenue



10. Resolution Approving Agreements with Metzger Johnson Architects, Inc. for the Study of the Central Fire Station Project No. 924-270

11. Resolution Approving Change Order No. 3 for the 2000 Hawkeye Sewer, Phase II, Storm Sewer Improvements, Division III

12. Resolution Approving Amendment to 28E Agreement Creating City/County Health Care Plan

13. Resolution Approving Urban Revitalization Tax Exemptions Pursuant to Chapter 404 of the State Code of Iowa

14. Resolution Awarding Purchase of a 2000 Astro Van for the Police Department, Animal Control Division

15. Resolution Approving Purchase of A 1-Ton Heavy Duty 4WD Pickup and Snow Plow

16. Resolution Approving Purchase of a Medium-Duty Bus

SET DATE FOR PUBLIC HEARING: February 20, 2001

1. Consideration of An Ordinance Vacating a Portion of Rorer Street Right-of-Way, Located Between North 6th Street and Bluff Road

APPOINTMENTS:

Recplex Advisory Committee: Karen Stewart and Dunker Lietsch

Human Rights Commission: Jeff Heland, Mike McCollough and Nancy Schulte

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