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. 26
January 16, 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 1., 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. All present had opportunity to speak and nothing additional was filed
in the office of the City Clerk.
(VOTE: 5 - "AYES") CARRIED
RESOLUTIONS:
1. Resolution in Support of Citizen Initiated Performance Assessment
DISCUSSION: The Deputy City Manager stated that the proposed Resolution provides for
support of a Citizen Initiated Performance Assessment Program. He stated that the Iowa State
University Extension Service, the University of Iowa Institute of Public Affairs and the Iowa
League of Cities have jointly undertaken a study of a Citizen Initiated Performance Assessment
(CIPA) funded by the Sloan Foundation. He stated that Burlington would be one of ten cities
involved in the project. He further stated that Burlington would be involved in gathering
information on public safety (police/fire). Mayor Scott stated that all cities will benefit from the
findings. All present had opportunity to speak and nothing additional was filed in the office of
the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
Burlington and Family Video Movie Club
DISCUSSION: The Development Director stated that the City received a request from Family
Video Movie Club for financial help in the amount of $35,000.00 to defray cost overruns on the
$1,200,000.00 project for the corner of Central Avenue and Division Street. He stated that it was
the goal of the Comprehensive Plan to assist businesses in the Central Business District. He
further stated that the City would have spent $35,000.00 to demolish the homes located in the
proposed area as part of the South Hill Targeted Neighborhood project. He stated that in
exchange for the monies, Family Video would enter into a minimum assessment agreement in
which the property would be assessed at $400,000.00 for five years. Those who spoke in favor
of the agreement for private development were as follows: Newt Colburn of Downtown
Partners; Kim Hunsaker of 2928 Woodland and Tyra Stevens, president of South Hill Targeted
Neighborhood. Many of those who spoke stated that Family Video was located in the City's
downtown in-fill urban development area and urged Council to assist Family Video in
rehabilitation of the area. Those who spoke against the agreement for private development were
as follows: Mike Andrews of 2617 Sunrise Lane; David and Karen Garrison of 2600 Sunnyside; Dana Atkins of 914 Maple Street and Steven Garrison of Burlington. Many of those who spoke
were local business owners who stated that they would be next in line to receive monies from the
City should the City give $35,000.00 to Family Video. Many felt that $35,000.00 would not make or break a $1,200,000.00 project. After considerable discussion by the Council, Mayor Scott suggested that the City sit back down with Family Video and make changes to the minimum assessment agreement. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "NAYS") FAILED
Requirements Regarding Docket No. 02-01
DISCUSSION: The Development Director stated that the proposed Resolution provides for the
remand to the Zoning Board of Adjustment to comply with statuatory requirements regarding
Lunning Chapel, Docket No. 02-01. He stated that the City's legal counsel feels it would be in the City and the petitioner's best interest to remand the item back to the Zoning Board of Adjustment for review. Attorney Scott Power stated that the final decision was not up to the Council but their decision was whether to remand to the Zoning Board of Adjustment. He gave a brief history of the Lunning Chapel variance to the Council and the viewing audience. He stated that the City Planner did not recommend the variance to the Zoning Board of Adjustment. The City Manager explained that it was not an issue of an individual or business. Steve Lewis
representing Lunning Chapel stated that his only choice of expanding his business was directly in
front of his business. Council Member Thomas stated that the Development Department needed
to find a way for Lunning Chapel to expand by being more flexible. Council Member Wehrle
stated that he was in favor of Lunning Chapel expanding, but also wanted to be sure everything
was legal and the City and Lunning Chapel's interest are protected. The City Manager explained
that it was the City Planner's job as Zoning Administrator to administer the laws established by
City Code. He stated legally the Zoning Administrator does not have flexibility. Mayor Scott
stated that he would also like to see a way for Lunning Chapel to expand, but felt the issue needed to be sent back to the Zoning Board of Adjustment for review. Council Member Kellogg
stated that there would always be guidelines to follow.
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: 8:25 p.m. Approved: February 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
- Resolution Approving Final Acceptance and Release of Retention Monies for the 1999 Agency
and Roosevelt Reconstruction
- Resolution Approving Final Acceptance, Final Payment and Release of Retention Monies for
the 2000 Alley Reconstruction from Mason Road to Louisa Street Between Starr Avenue and
Leebrick Street
- Resolution Approving Final Acceptance and Release of Retention Monies for the 1999
Residential Street Improvement Program (Division I, II and III)
BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS
REPORTS AND BONDS
RESOLUTIONS:
Post Number 52 of the American Legion
Department, Sewer Maintenance Division
APPOINTMENTS:
Flint Hills Golf Course: Sally Box
Historical Preservation Committee: Angela Adams and David Lloyd
Citizen Budget Education Committee: Matt Schuler and Matt Henneman