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. 28
February 20, 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.
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 requested the removal of the Resolution of Support for the Channel Catfish as Iowa's State Fish 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 An Ordinance Vacating A Portion of Rorer Street Right-of-Way, Located Between North 6th Street and Bluff Road
COMMENTS: The City Planner reviewed with Council and the viewing audience the proposed
Ordinance vacating a portion of Rorer Street right-of-way, located between North 6th Street and
Bluff Road. He stated that Jens Notestein, the petitioner, has requested that the Rorer Street
right-of-way be vacated. He stated that currently the property was overgrown and located on a
steep hillside. He stated that the proposed Ordinance also provides that the acquired right-of-way
be defined as a storm water and utility easement and be unbuildable; that all adjacent land
owners agree to the vacation; and that all land being vacated be sold to adjacent property owners
in a manner not to create odd shape lots on property lines. He stated that the property would be
sold for approximated $100-$200 per property owner. Jens Notestein of 706 Summer Street
stated that the owner of parcel no. 9 who lives in Boston and has his property for sale has agreed
to sign the petition vacating the right-of-way per his realtor. Steve Hoth, owner of parcel no. 11,
stated his concern of access to his property. He urged Council to extend the 20-foot access
easement to his property. The City Manager suggested that Council vote on the first reading of
the Ordinance as written and make an amendment to the proposed Ordinance regarding an
easement at the second reading. 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: An Ordinance
Vacating A Portion of Rorer Street Right-of-Way, Located Between North 6th Street and
Bluff Road
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution Approving Five Year Capital Improvement Program for Fiscal Years 2001-2006
DISCUSSION: The City Manager stated that a public presentation of the five-year CIP was held at the February 5, 2001 City Council meeting. He also stated that a public input session was held at Memorial Auditorium on February 12, 2001. He further stated that at the February 12, 2001 session, Council was interested in moving the Summer Street, city limits to Harrison Project from fiscal year 2002-2003 to 2001-2002. Mayor Scott recommended the following changes to the five-year street plan: move Columbia, Third to Fifth from 2001-2002 to 2002-2003; move Division, Main to 6th Street from 2001-2002 to 2002-2003; and move Summer Street, city limits to Harrison from 2002-2003 to 2001-2002. Council Member Edwards made a motion to amend the five-year street plan as identified in Exhibit "A" of the Resolution approving the five-year capital improvement program for fiscal years 2001-2006 (as recommended by Mayor Scott). Council Member Kellogg seconded the motion. After roll call vote the motion to amend was unanimously approved. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
2. Motion to Amend the Five Year Street Plan as Identified in Exhibit "A" of the Resolution
Approving the Five Year Capital Improvement Program for Fiscal Years 2001-2006
DISCUSSION: None.
(VOTE: 5 - "AYES") CARRIED
3. Resolution Approving Liquor License for Blazin Bob's
DISCUSSION: The Police Chief stated that he first learned of the sale of Nite Twain on January 29, 2001 from a phone call from the Alcoholic Beverages Division. He stated that a copy of the bill of sale shows that the property was sold to Robert Boling, president of the corporation dated January 26, 2001. He stated that after investigation by the Police Department, it was determined that there was no clear ownership of the building and the applicant of the liquor license. He recommended to the Council that they deny the liquor license for Blazin Bob's. Shane Pholman of 707 South 8th Street stated that the Police Department had addressed six issues of which three of the issues have been cleared up. He stated that Blazin Bob's did not get off on the right foot, but felt that they could be productive in the community. He stated that original plans was for Bob Boling to be president of the corporation, which is why his name was listed on the bill of sale as president of the corporation. He stated that upon finding out that he would not be able to obtain a liquor license, Jean Gulick became president of the corporation. Jean Gulick stated that Bob Boling owns the building and leases the building to her. Council Member Edwards stated that he was inclined to give Jean Gulick a second chance. Council Member Kellogg echoed Council Member Edwards comment. Council Member Thomas stated that he would not vote in favor of the license and let the Alcoholic Beverages Division make their determination. Council Member Wehrle stated that he was not sure how he would vote as he still has a lot of unanswered questions. Mayor Scott stated that he would vote against the approval of the liquor license due to the question of true ownership. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 4 - "AYES" WEHRLE, EDWARDS, KELLOGG, THOMAS
1- "NAY" SCOTT) ADOPTED
4. Resolution of Support for the Channel Catfish as Iowa's State Fish
DISCUSSION: Council Member Thomas stated that he removed the Resolution of Support for the Channel Catfish as Iowa's State Fish as he felt the channel catfish was a scavenger fish and was not an image that should be associated with Iowa. Mayor Scott stated that George Marzeck has been trying for the past 30 years to have the Governor proclaim the channel catfish as Iowa's State fish. George Marzeck stated that he was not at the council meeting to change the decision of Council Member Thomas, but to thank the Council for their support of the channel catfish as Iowa's State fish. He stated that a survey back in 1969 showed that the citizens of Iowa wanted the channel catfish as their State fish. He stated that polls taken at Iowa State Fairs still show that the citizens of Iowa want the channel catfish as their State fish. Council Member Thomas presented George Marzeck with a "don't worry, be happy" talking bass trophy. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE; 4 - "AYES" WEHRLE, EDWARDS, KELLOGG, SCOTT
1 - "NAY" THOMAS) ADOPTED
COMMENTS FROM AUDIENCE: None.
Adjournment: 8:20 p.m. Approved: March 5, 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
REPORTS AND BONDS
RESOLUTIONS:
1. Resolution of Support to Apply for 2001 Community Development Fund Grant To
Conduct a Technology Needs Assessment of the Burlington, Iowa Area
2. Resolution Approving Purchase of A Cabling, Phone and Voice Mail System for the New
Public Works Facility
SET DATE FOR PUBLIC HEARINGS: March 5, 2001
1. Consideration of Budget for Fiscal Year 2001-2002
2. Consideration of Plans and Specifications for the 2001 Mason Road/Highway 61 Traffic Signals
3. Consideration of the Concept for the 2001 Jefferson Street Reconstruction
APPOINTMENTS:
Low Rent Housing Agency: Dennis Zegarac
Burlington Baseball Association Board: Rod Kellogg