MINUTES CITY COUNCIL MEETING March 2, 1999 The City Council of the City of Bettendorf, Iowa, met in Regular Session on Tuesday, March 16, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive. Council Members present: were McCutcheon, Gordy, LaMar, Douglas, Senneff and Voelliger. Council member Sundholm was absent. Mayor Pro Tem Rosemary Gordy presided. Council Member Senneff gave the invocation. Mayor Pro Tem Gordy opened public forum. There was no one present who wished to address the council in public forum and Mayor Pro Tem Gordy closed the public forum. Next on the agenda was a public hearing regarding plans, specifications and form of contract for 1999 curb and gutter replacement on Grant Street from 4th Street to 6th Street; Wildwood Trail from Lincoln Road to the end of the cul-de-sac; 19th Street from State to Grant Streets; and the municipal maintenance center parking lot addition. Mayor Pro Tem Gordy was informed by the council secretary that the notice of hearing had been duly published and no correspondence had been received as a result of the publication. Director of Public Works, Wally Mook explained that the project was to repair curbs and gutters around the city - such repairs being determined as needed by city engineering staff. Mayor Pro Tem Gordy opened the public hearing. There being no one present who wished to address the council on the stated matter, Mayor Pro Tem Gordy closed the public hearing. Council Member Douglas presented the resolution to approve plans, specifications and form of contract for 1999 curb and gutter replacement. Mr. Douglas moved to approve and adopt the resolution and the motion was seconded by Council Member Voelliger. Roll call on the motion: All ayes. Motion carried. Resolution no. 68-99 is attached hereto as Annex #1. Sixth on the agenda was a public hearing on the matter of the adoption of fiscal year 1999/2000 budget and certification of taxes. Mayor Pro Tem Gordy was informed by the council secretary that the notice of hearing had been duly published and no correspondence had been received as a result of the publication. Director of Finance, Carol Barnes addressed the council to explain that the resolution is to formally adopt the fiscal year 99/00 budget and the five years capitol improvement program beginning July 1 of 1999. She stated that the budget sets appropriations for all the cityís governmental, special revenue, enterprise and internal service funds. The resolution, she explained, also certifies the collection of property taxes for the city and maintains the levy rate at $11.45 per $1,000 assessed valuation for the tenth consecutive year. Mayor Pro Tem Gordy opened the public hearing regarding the budget. No one was present who wished to address the council on the matter of the budget and the public hearing was closed. Council Member Douglas presented a resolution adopting the fiscal year 1999/2000 budget and certification of taxes. He then made a motion, seconded by Council Member Voelliger to approve and adopt the resolution. Roll call on the motion: All ayes. Motion carried. Resolution no. 69-99 is attached hereto as Annex #2. Item number 8 on the agenda was a public hearing on the matter of the granting of an exclusive option for the sale of property within the Riverside Development Park. The council secretary informed the council and Mayor Pro Tem Gordy that the hearing notice had been published and no correspondence had been received as a result. Director of Community Development, Steve Van Dyke addressed the council stating that Roll & Hold, a warehouse distributor, wishes to purchase the option on approximately half of the 27.46 acres for a six-month period. Community Development estimates the cost as follows: 12.5 acres at $17,500 per acre plus a suggested 5% option price of $10,937.50. The total price would be $218,750. Council Member Douglas asked Mr. Van Dyke if this purchase option had been discussed with the bank. City Attorney Greg Jager responded by stating that later on the consent agenda was a resolution to allow the Bettendorf Development Group’s $150,000 debt to Norwest Bank to be paid out of the proceeds of the sale on a pro rata basis; the bank would file no other encumbrances against the property. The bank had assured Attorney Jager that such an agreement would be acceptable. Mr. Jager also made clear that an option at this time is essentially a sale, which means that there will be no further public hearing on the matter, and if the option holder wishes to buy, there will be no more steps to be taken. There were no further comments or questions and Mayor Pro Tem Gordy opened the public hearing. Mr. Pat Sprague of Roll & Hold addressed the council, His company wishes to build on the property located next to Olympic Steel. He explained what kind of company Roll & Hold is and why they want to locate on the site and why it would be advantageous to the community. Council Member Voelliger asked about the placement of the roads and was told planning was not that far along. A member of the public who lives in that area asked if their operation would work 24 hours a day and he was told that the most they would work is two shifts. The work would take place on the same shift as Olympic Steel. In response to another question, Mr. Sprague stated that plans had not been made as yet as to the placement nor kind of roads. City Administrator Ploehn stated that seal coat roads were not likely to be considered as they would not be able to handle the weight and traffic of such an operation and Mr. Spragueís trucks would be damaged also. Mr. Sprague agreed. There was some further discussion regarding roads and access. Plans are to use Schutter’s Lane from State Street. No one else wished to address the council on the matter and Mayor Pro Tem Gordy closed the public hearing. Council Member Douglas presented a resolution granting exclusive option for the sale of property within the Riverside Development Park. He then moved to approve and adopt the resolution and was seconded by Council Member Voelliger. Roll call on the motion: All ayes. Motion carried. Resolution number 70-99 is attached to these minutes as Annex #3. Item 10 on the agenda was a public hearing on the amendment to Section 23-4 of the chapter of the Municipal Code entitled “Plumbing.” Mayor Pro Tem Gordy was told that the notice of hearing had been published and no correspondence had been received as a result of the notice. Mr. Bill Connors, Chief Building Official, addressed the council stating that every 3 years the International Association of Plumbing and Mechanical Officials publishes a new plumbing code, which is a model code used across the country. City staff and the plumbing code board go over the code and make minor amendments or adjustments to it. This ordinance would reflect those minor adjustments. Mayor Pro Tem Gordy opened the public hearing. No one was present who wished to address the council on the matter of the amendment to the plumbing code and the public hearing was closed. Council Member LaMar presented the first reading of an ordinance to amend chapter 23 of the Municipal Code of the City of Bettendorf entitled “Plumbing.” Ms. LaMar moved that the first reading of the ordinance be approved. Her motion was seconded by Council Member Senneff. Roll call on motion: All ayes. First reading is approved. Next on the agenda was a public hearing on the matter of the terminus point of 18th Street north of 53rd and the return of said property to the original owner. Mayor Pro Tem Gordy was told that the notice of hearing had been published and no correspondence had been received as a result of the notice. City Attorney Jager reminded the council that at the last meeting, there was some discussion about what to do with the extension of 18th Street that would go nowhere now that 18th Street is not anticipated to cross Crow Creek. At the last council meeting, various neighbors got together and agreed that the ground could be vacated and returned to the original property developer who will then be required to use that property for single family residential. Mayor Pro Tem Gordy opened the public hearing. No one was present who wished to address the council on the matter of the vacation of the land to the original owner and the public hearing was closed. Council Member LaMar presented he resolution to vacate a portion of 18th Street north of 53rd to McCarthy Development Company for planning and use as a single family residential lot. Ms. LaMar moved to approve and adopt the resolution. Her motion was seconded by Council Member Voelliger. Roll call on the motion: All ayes. Motion carried. Resolution no. 71-99 is attached hereto as Annex #4. Council Member McCutcheon presented the third reading of an ordinance requiring developers, property owners, and/or truck drivers to be responsible for the dirt left on city streets and sidewalks while transporting same, and to clean the street/sidewalk thereafter. Mr. McCutcheon moved the third reading be approved and adopted and he was seconded by Council Member Voelliger. Roll call on motion: All ayes. Third reading of ordinance approved and adopted. Ordinance no. 4-99 is attached hereto as Annex #5. Council member Senneff presented the third reading of an ordinance changing the term of the park board from a mix of 2 and 4 year terms to all 4 year terms. He moved to approve and adopt the third reading of the ordinance and his motion was seconded by Council Member McCutcheon. Roll call on motion: All ayes. Third reading of ordinance approved and adopted. Ordinance no. 5-99 is attached hereto as Annex #6. Council Member Senneff presented the first reading of an ordinance to amend Chapter 19 of the Municipal Code to establish Article IV thereof, regarding mistreated, wild, and vicious animals, and providing penalties for the violation thereof. Mr. Senneff moved to approve the first reading of the ordinance. He was seconded by Mr. Voelliger. Discussion: Council Member Douglas was concerned about some of the more exotic pets; i.e., boas, pythons, skunks and he was concerned as to whether it is lawful to possess them. City Attorney Jager informed him that under Section 19.34 (the ordinance under consideration), poisonous snakes/reptiles would not be allowed, and under sub-section (e), skunks would not be allowed. Under this ordinance, anyone having those types of animals would be required to move them from the city limits. Mr. Jager stated that if someone has a skunk, and it is felt that a skunk is an appropriate pet, the time is now to amend the ordinance. Mr. Douglas stated that he did not know of anyone who has a pet skunk, but he understands that skunks are good pets when properly “manipulated.” Mr. Douglas also wondered if the word "possess"is necessary. Mr. Jager informed him that such wording is used because in court, the city would not be in a position, usually, to say that someone has legal title to a pet or animal. Therefore, possession of the animal is relied upon to indicate ownership. Mr. Douglas said that he assumed that unless an animal is causing problems, the likelihood of any action being taken would be minimal. Attorney Jager agreed that would be the case. Police Chief Redington explained further that since the Humane Society is handling animal control for the city and since they do the same for the city of Davenport, this ordinance is an attempt to bring city code in line with Davenportís so that the Society is working under the same ordinances in both cities. Roll call on motion: All ayes. First reading of the ordinance is approved. Council Member McCutcheon presented the first reading of an ordinance repealing and replacing Chapter 5 of the Municipal Code entitled "Animals"and providing penalties for the violation thereof. Mr. McCutcheon moved to waive the rule for three readings of an ordinance and he was seconded by Council Member Senneff. Roll call on motion: 5 ayes; 1 nay. Motion fails. Mr. McCutcheon moved to approve the first reading of the ordinance. Mr. Voelliger seconded the motion. Discussion: Mr. Douglas was concerned that the licensing and regulation of cats was being added to the ordinance primarily because the city of Davenport does it and he did not feel it was a sufficient reason. He asked if there were any problems with cats that would warrant the expansion of the rules. He stated that there were a lot of cat lovers in Bettendorf and he was not anxious to inform them they had to license their cats every year unless there is a very good reason. Chief Redington stated he was not aware of a big cat problem, but that he would check with the Human Society regarding their issues. He stated he knows they recommend that we license cats partly because of Davenportís ordinance. Chief Redington offered to research the issue. City Administrator Decker Ploehn asked if it would be appropriate, then, to table the issue. Rules allow for motion to table to take precedence over a motion on the floor.. After some further discussion regarding the possible tabling of the issue, Council Member Douglas also questioned the fine that would be $10 for dogs defecating in inappropriate places, whereas other infractions would call for much higher penalties. Mr. Douglas felt that one of the biggest problems with dogs is the messing up of other peopleís yards. Mr. Douglas stated he would reconsider that penalty to make it higher. Council Member LaMar made a motion to table the amendment to Chapter 5 as stated. Council Member Voelliger stated that there are problems with cats, so they are not perfect, and there should be some language dealing with cats also. Mayor Pro Tem Gordy reminded the council there was a motion to table and asked if there was a second to that motion. Council Member Senneff seconded the motion. Motion to table passed. Next on the agenda was a proclamation declaring March as Red Cross Month in the city of Bettendorf. Council Member McCutcheon moved to enact all items on the consent agenda with one motion and was seconded by Council Member Voelliger. Discussion: City Attorney Jager stated that as to Item F on the consent agenda which deals with the Bettendorf Development Corporationís (BDC) loan, he could not say that the deal is 100% solid but he wanted to update the council and suggest a change to the resolution so that the council is in a better position to make a decision. The existing resolution calls for a waiver of the $150,000. Staff is suggesting a resolution that requires that a new note be issued, that the note require BDC to use such funds as are generated from the ultimate sale of the Lindquist Ford property for reinvestment either in the downtown development project or in some other redevelopment project as directed by the city. If the funds are so used - turned over and used again for further economic development, the council would not require repayment of the promissory note. Although the deal isnít a 100% sure thing, Mr. Jager felt the council should approve the resolution at this meeting instead of waiting. Mr. Jager provided a packet of information to council members showing the path that has been taken by the city and BDC as to the loan for development since 1992. Council Member Douglas moved to substitute the resolution regarding BDC’s promissory note for the resolution waiving the loan. His motion was seconded by Council Member Voelliger. Roll call on the motion. All ayes. Motion carries. Consent Item F amended as stated. City Administrator Decker Ploehn asked that the council approve a change on Consent Item B wherein the resolution of necessity for 53rd Avenue scheduled for April 6, be moved to April 20 due to scheduling conflicts with council. Council Member Douglas moved to change the resolution (Consent Item B) so that the hearing on the matter is scheduled for April 20, not April 6. His motion was seconded by Council Member Voelliger. Roll call on the motion. All ayes. Motion carries. As there was a motion and second already on the floor to enact all items on the consent agenda with one motion, Mayor Pro Tem Gordy asked for roll call. Roll call on the motion. All ayes. Motion carries. The following items appeared on the consent agenda and were enacted by one motion. Resolution no. 72-99 approving the hiring of a part time employee for Parks and recreation staff per resolution no. 145-91 attached hereto as Annex # 7 Resolution (proposed) of necessity no. 73-99 53rd Avenue extension from Devilís Glen Road to Middle Road. Attached hereto as Annex #8. Resolution no 74-99 approving request of Maple Glen Homeowners Association to waive installation of a portion of sidewalk. Attached hereto as Annex #9. Resolution no. 75-99 approving the preliminary plat of Brockway Subdivision; submitted by Raymond J. Brockway. Attached hereto as Annex #10. Resolution no. 76-99 approving the final plat for Brockway Subdivision. Attached hereto as Annex #11. Resolution no. 77-99 approving a new promissory note on a loan to Bettendorf Development Corporation. Attached hereto as Annex #12. Resolution no. 78-99 authorizing the release of a Request-For-Proposal (RFP) for the Bettendorf Riverfront-Downtown Conceptual Plan. Attached hereto as Annex #13. Resolution no. 79-99 setting a date for public hearing on proposed ordinance amending Section 19.1.8 (e) 3 Off Street Parking and Loading. Attached hereto as Annex #14. Resolution no. 80-99 setting a date for public hearing for rezoning for property generally located at the northwest corner of 23rd Street and Central Avenue, R-2 to R-4. Attached hereto as Annex #15. Resolution no. 81-99 approving the final plat for Pendleton’s First Addition. Attached hereto as Annex # 16. Resolution no. 82-99 appointing Ms. Christa Elaine Kacer-Reynolds to the Building Board of Appeals. Attached hereto as Annex #17 Resolution no. 83-99 authorizing the expenditure of funds for a project request from the Bettendorf Fund. Attached hereto as Annex #18. Resolution no. 84-99 approving renewal of Class “B” Beer Permit, Sunday Sales Privilege, and Outdoor Sales Privilege for City of Bettendorf, d.b.a. Palmer Hills Municipal Golf Course, 2999 Middle Road. Attached hereto as Annex #19. Resolution no. 85-99 approving renewal of Class ‘C” Beer Permit and Sunday Sales Privilege for Robur, Inc., d.b.a. Daybreak #30, 333 - 14th Street. Attached hereto as Annex #20. Resolution no.86-99 approving renewal of Class “C” Liquor License, Sunday Sales Privilege, and Outdoor Sales Privilege for Schumacherís Golf Club, Inc. d.b.a. Sunrise Golf, 3947 Moencks Road. Attached hereto as Annex #21. Resolution no. 87-99 approving new class "C"liquor license, Sunday sales privilege, and outdoor sales privilege for Ludden, Inc., dba O’Mearaís Pub, 1733 State Street. Attached hereto as Annex #22. Resolution no. 88-99 accepting 1998 Sidewalk Repair Project. Attached hereto as Annex #23. Resolution no. 89-99 ordering the making of connection to water and sanitary sewer system, 30th Street Paving, Cody Street to Walnut Street. Attached hereto as Annex #24. Resolution no. 90-99 fixing a date for public hearing and directing the advertising for bids for 1999 Sidewalk Repair. Attached hereto as Annex #25. Resolution no. 91-99 fixing a date for public hearing and directing the advertising for bids for 1999 Pavement Joint Sealing. Attached hereto as Annex #26. Resolution no. 92-99 fixing a date for public hearing and directing the advertising for bids for 21st Street/Golden Valley Drive reconstruction. Attached hereto as Annex # 27. Resolution no.93-99 ordering the installation of a street light at 53rd Avenue at Mayfield Drive. Attached hereto as Annex #28. Resolution no. 94-99 making award of contract for 20th Street Paving from Grant Street to Mississippi Boulevard. Attached hereto as Annex #29. Resolution no. 95-99 authorizing the director of public works to execute an engineering agreement with Stanley Consultants, Inc. for the preparation of a master sewer plan. Attached hereto as Annex #29. Resolution no. 96-99 fixing a date for public hearing and directing the advertising for bids for 30th Street Paving, Cody Street to Walnut Street. Attached hereto as Annex #30. Resolution no. 97-99 accepting street improvements for 14th Street Resurfacing and curb and gutter, south of Central Avenue. Attached hereto as Annex #31. Bills approved and adopted and the City Clerk directed to write checks for the respective amounts. Attached hereto as Annex #32. Council Member Voelliger moved for adjournment and Mayor Pro Tem Gordy adjourned the council meeting.