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. 33

May 7, 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

PROCLAMATIONS:

* Police Week - Police Chief Wunnenberg

* School Board Recognition Week

* National Association of Letter Carriers and Local #222 Day - Max Lawson and Lori Hogberg

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. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

(VOTE: 5 - "AYES") CARRIED

PRESENTATION:

*Ann Parks Human Rights Awards

DISCUSSION: Nancy Schulte, Vice Chairperson of the Human Rights Commission presented two Ann Parks Human Rights Awards. Nancy Schulte stated that Ann Parks had passed away from cancer while serving on the Burlington City Council. She stated that the Ann Parks award is used to recognize organizations and persons in the community that work toward securing freedom from discrimination. She further stated that they have decided to award two awards this year. One award was presented to the local chapter of Seeds Amongst the Stones and the other award was awarded to Char Blodgett, director of the YWCA Sexual Assault and Battered Woman's Shelter. The Seeds Amongst the Stones is a peer group with 114 students from five Des Moines County high schools. This organization deals with issues that they face today. Sandy Krell-Andre, adult advisor for the group would like to see mediation used in the schools. Char Blodgett, director of the YWCA Sexual Assault and Battered Woman's Shelter, started working with the shelter 2½ years ago. Char Blodgett thanked her staff for helping her earn the award. She also thanked the Chief of Police and City Council for their support. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.

HEARINGS:

1. Statement: Consideration of An Ordinance Repealing Chapter 6.44 Taxicabs and Creating A New Chapter 6.44 Taxicabs and Vehicles for Hire of the Burlington Municipal Code

COMMENTS: Police Chief Dave Wunnenberg reviewed with Council and the viewing audience the Ordinance Creating Chapter 6.44 Taxicabs and Vehicles for Hire and the following Ordinance Creating Chapter 6.48 Vehicles for Hire Drivers. He stated the current requirements for a taxicab business in the City of Burlington. He also stated that he surveyed eleven other cities of similar size to Burlington. The study showed that the requirements were within the same as Burlington; we were average. He stated that our current liability is adequate and he does not recommend a decrease in the overall cost of the liability. He stated that he met with all taxi cab owners and vehicles for hire. Donovan Kelly from Delivery Express is in favor of the new ordinance. He would like to continue to operate outside of Iowa also. Council Member Thomas was not satisfied with Section 6.48.030 A. 3 of Chapter 6.48 Vehicles for Hire Drivers - Qualifications­Requirements. He stated that the requirement reads "Be able to speak, read and write the English language plainly." He stated that Section 6.48.030 A. 3 should be omitted from Chapter 6.48. Council Member Kellogg did not agree with Council Member Thomas. He stated that it is hard to communicate with taxi drivers of other nationalities. He stated that he would not want a vehicle for hire to employ someone that is illiterate. After considerable discussion by the Council, Mayor Scott made a motion to Delete Section 6.48.030 A. 3. Qualifications­Requirements of Chapter 6.48 Vehicles for Hire Drivers of the Burlington Municipal Code. Council Member Thomas seconded the motion. After roll call vote the motion to delete Section 6.48.030 A. 3 Qualifications-Requirements was approved by a four to one vote with Council Member Wehrle voting against the amendment. 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 Repealing Chapter 6.44 Taxicabs and Creating A New Chapter 6.44 Taxicabs and Vehicles for Hire of the Burlington Municipal Code

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

2. Statement: Consideration of An Ordinance Repealing Chapter 6.48 Taxi Drivers and Creating a New Chapter 6.48 Vehicles for Hire Drivers of the Burlington Municipal Code

COMMENTS: None.

Motion to Close CARRIED

Motion for Preliminary Adoption of the First Reading of an Ordinance: An Ordinance Repealing Chapter 6.48 Taxi Drivers and Creating a New Chapter 6.48 Vehicles for Hire Drivers of the Burlington Municipal Code

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

Motion to Delete Section 6.48.030 A. 3. Qualifications­Requirements of Chapter 6.48 Vehicles for Hire Drivers of the Burlington Municipal Code

DISCUSSION: None.

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

1 - "NAY" WEHRLE) CARRIED

RESOLUTIONS:

1. Resolution Approving Preliminary Plat of Deer Pointe Subdivision

DISCUSSION: The City Planner stated that Deer Pointe Subdivision was located south of Pheasant Run Subdivision, between Summer Street and southeast of 14th Street. He stated that the petitioner plans to subdivide approximately 16.76 acres of land into 31 lots for R-1a, single family residential development. He stated that there were presently nine conditions to the plat, but requested that Council remove condition No. 9, which provides that the petitioner establish the minimum floor elevation for each lot on the plat as approved by the City. He stated that the petitioner plans to address that issue by himself. Mitch Taylor of 2606 Cliffwood Drive stated that he could not promise Council that the project will happen. He stated his concern with having to compete with a private/public housing project in West Burlington. He further stated that he was relying on his Engineer regarding storm sewer problems. After considerable discussion by the Council, Mayor Scott made a motion to delete condition No. 9 of the Resolution Approving Preliminary Plat of Deer Pointe Subdivision. Council Member Wehrle seconded the motion. After roll call vote the motion to delete condition No. 9 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 Delete Condition No. 9 of the Resolution Approving Preliminary Plat of Deer Pointe Subdivision

DISCUSSION: None.

(VOTE: 5 - "AYES") CARRIED

3. Resolution Amending the Personnel Manual for Non-Union Employees Continued from the April 16, 2001 City Council Meeting

DISCUSSION: None.

(VOTE: 5 - "AYES") ADOPTED

COMMENTS FROM AUDIENCE: None.

Adjournment: 8:25 p.m. Approved: May 21, 2001





Katie Gerling, Computer Specialist Timothy E. Scott

for Kathleen P. Salisbury, 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, Final Payment and Release of Retention Monies for the 1999 City Hall Windows and Doors Replacement Project

BEER, LIQUOR, WINE, CIGARETTES, REFUNDS, OR TRANSFERS

REPORTS AND BONDS

RESOLUTIONS:

1. Resolution Approving Change Order No. 2 to the 1998-2003 Hawkeye Sewer Project,

Phase I

2. Resolution Approving Contract for Audit Services for Fiscal Year 2000-2001 with Eide Bailly LLP

3. Resolution Approving Contract for the 2001 DeEdwin and Gladys White Skate Park ACC Overlay

SET DATE FOR PUBLIC HEARINGS: May 21, 2001:

1. Consideration of Budget Amendment No. 2 for the 2000-2001 Fiscal Year Budget

2. Consideration of Sale of Vacated Portion of Rorer Street Right-of-Way, Between North 6th Street and Bluff Road

3. Consideration of Issuance of Sewer Revenue Bonds in the Principal Amount of $1,160,000.00 and General Obligation Airport Improvement Bonds in the Principal Amount of $540,000.00

4. Consideration of the Voluntary Annexation of Property Located South and West of South 14th Street

APPOINTMENTS:

City Planning Commission: Rick Schoff

City of Burlington | Local Government | City Clerk