MINUTES CITY COUNCIL MEETING April 20, 1999 The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, April 20, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive. Council Members present: were Gordy, LaMar, Douglas, Senneff, Sundholm Voelliger and McCutcheon. Mayor Ann Hutchinson presided. Council Member Senneff gave the invocation. Mayor Hutchinson opened public forum. There was no one present who wished to address the council in public forum and Mayor Hutchinson closed the public forum. Fourth on the agenda was a public hearing regarding a rezoning request for property located at the northwest corner of 23rd Street and Central Avenue. This matter had been addressed at a hearing during the March 16 council meeting and had been tabled after the hearing so that all council members could be present for the discussion. Mayor Hutchinson opened the public hearing. No one came forth to address the council and the public hearing was closed. Council Member Douglas presented the first reading of an ordinance to rezone property as stated above from R-2 to R-4. Mr. Douglas moved to approve the first reading of the ordinance and his motion was seconded by Council Member Senneff. Discussion Council Member LaMar proposed that a restrictive covenant that had been presented by Gary Pribble be amended to removed the term “health care facility” and replace that term with “chiropractic clinic” as the first term is too broad. She stated that she feels people are not opposed to a chiropractic clinic, but are afraid of expansion. Also, she asked that the covenant be amended to state that it is enforceable by residents within a thousand feet of the said property in the future. City Attorney Greg Jager stated that Ms. LaMar was referring to a proposed set of restrictive covenants that the applicant (Mr. Pribble) offered to place on the property in conjunction with the rezoning request. Ms. LaMar is requesting a chance to discuss amendments to the covenants with Mr. Pribble between the first and second readings of the ordinance. The revised document would be available to the council prior to the second reading. Council Member Voelliger, Council Member McCutcheon, Council Member Sundholm, Council Member Douglas, and Council Member LaMar discussed the issue if rezoning, the possible interpretation of the rezoning as “spot” zoning, the role of the Board of Adjustment if the council approves the rezoning request, possible impact on neighborhood property values, and whether it is proper to rezone to R-4 rather than C-3. Roll call on the motion: Six ayes. One nay (McCutcheon). Motion passes and first reading of the ordinance is approved. Next on the agenda was a public hearing on the extension of 53rd Avenue from Devil’s Glen. Council secretary verified that the notice of hearing had been published, that an affidavit of publication had been received, and that correspondence had been received as a result of the hearing. City Clerk Decker Ploehn read into the record a letter from Mr. Karl Hellman; president of KarVa who objects to the extension as he feels it will have a deleterious effect on his farmland. Mayor Hutchinson opened the public hearing. No one was present who wished to address the council on the extension of 53rd Avenue. Council Member Senneff presented a resolution to adopt a resolution of necessity on the 53rd Avenue extension from Devilís Glen Road to Middle Road. Mr. Senneff moved to approve and adopt the resolution and his motion was seconded by Council Member Voelliger. Discussion Council Member Sundholm asked if anyone had spoken with Mr. Hellman after the receipt of his letter. City Attorney Jager stated that he had not spoken with Mr. Hellman after receipt of the letter but had spoken with him on the 31st of March when Mr. Hellman indicated he would send a letter in opposition to the project. Mr. Jager asked him during that conversation if there was anything that could be done to make it work and Mr. Hellman stated that he did not want the project to go forward. The letter was dated April 14. Ms. Sundholm asked about the other three landowners and was told that agreement has been reached with them. End of discussion. Roll call on the motion. All ayes. Motion passed. resolution no. 139-99 attached hereto as annex no. 1. Council Member McCutcheon presented a resolution to direct the city attorney to proceed with condemnation, 53rd Avenue, Devil’s Glen Road to Middle Road. Mr. McCutcheon moved to approve and adopt the resolution and was seconded by Council Member Douglas. Discussion Council Member Sundholm requested confirmation of her understanding that this resolution was “aimed at” KarVa. She stated that she was opposed to condemnation because Mr. Hellman had written a letter and no one talked to him after the letter was sent. She feels that negotiations are advisable before condemnation and asked if there was not a law stating that negotiations must be held before condemnation. City Attorney Jager responded by stating that there is a process, which is being employed. Mr. Hellman has been provided an appraisal for the ground and the city will make a final offer as required by law. He further explained that this resolution is direction to the city attorney from the city council to go forth with the process. Council Member Voelliger stated that this matter had been presented two years ago and it had been turned down at that time. He asked if there was additional cost in comparison to what the project would have cost two years ago. City Administrator Decker Ploehn’s response was that the engineering department estimates that the price tag on the current project is from $500,000 to $1 million more than it would have been two years ago. End of discussion. On the motion to approve and adopt the resolution directing the city attorney to proceed with condemnation: Six ayes; one nay (Sundholm). Motion passes. resolution no. 140-99 attached hereto as annex no. 2. Next on the agenda was a public hearing on the matter of a proposed amendment to the Section 5 of the zoning ordinance which defines private garages. Council secretary confirmed that the notice of public hearing had been published, that the city had an affidavit of publication, and that no correspondence had been received on the matter. Mayor Hutchinson opened a public hearing on the matter of a proposed amendment to the Section 5 of the zoning ordinance, which defines private garages. Council Member LaMar presented the ordinance as stated, moved to approve the first reading of the ordinance, and was seconded by Council Member Voelliger. Roll call on motion: All ayes. First reading of the ordinance approved. Council Member Voelliger presented a resolution to authorize the city administrator to enter into a contract with RACOM Communications for 800 mhz equipment purchases and remodel of the police/fire dispatch center. Mr. Voelliger moved to approve and adopt the resolution and he was seconded by Council Member Douglas. Roll call on motion: All ayes. resolution no. 141-99 approved, adopted and attached hereto as annex no. 3. Council Member Sundholm presented the third reading of an ordinance amending Section 19.1.8(e)3 regarding off street parking and loading. Ms. Sundholm moved to approve the third and final reading of the ordinance. Her motion was seconded by Council Member Gordy. Roll call on motion: Six ayes. One nay (LaMar). Third reading of ordinance no. 10-99 approved and attached hereto as annex no. 4. Council Member Gordy presented the third reading of an ordinance repealing and replacing Chapter 5 of the Municipal Code entitled “Animals” and providing penalties for the violation thereof. Ms. Gordy moved to approve the third reading and her motion was seconded by Council Member Senneff. Roll call on Motion: All ayes. Motion carries. Ordinance no. 11-99 attached hereto as annex no. 5. On the motion to enact all items on the consent agenda as made by Council Member Gordy and seconded by Council Member Voelliger: All ayes. Motion passed. The following items appeared on the consent agenda and were enacted by one motion: Resolution no. 142-99 fixing a date for public hearing and directing the advertising for bids for Devils Glen Road Bridge over Crow Creek attached hereto as annex #6. Resolution # 143-99 fixing a date for public hearing and directing the advertising for bids for 1999 sealcoating attached hereto as annex #7. Preliminary resolution #144-99 for Alley Paving attached hereto as annex #8. Resolution #145-99 fixing a date for public hearing and directing the advertising for bids for 23rd Street Curb and Gutter, Middle Park Pool Entrance and Hillside Drive Widening attached hereto as annex #9. Resolution #146-99 approving the final plat of McLin 18th Street Extension Second Addition (replat of McLin 18th Street Extension Addition and Glenmoor Heath 2nd Addition) attached hereto as annex #10. Resolution #147-99 approving renewal of Class C Liquor License and Sunday Sales Privilege for El Rancho Villa Co., d.b.a. Fortune Garden, 2211 Kimberly Road attached hereto as annex #11. Resolution #148-99 approving renewal of Class C Liquor License and Sunday Sales Privilege for Jumer’s Castle Lodge, 900 Spruce Hills Drive attached hereto as annex #12. Resolution #149-99 approving renewal of Class C Beer Permit, Special Class B Wine Permit, and Sunday Sales Privilege for Core Enterprise, Inc., d.b.a. The Liquor Shoppe, 1415 Kimberly Road attached hereto as annex #13. Resolution #150-99 approving new Class C Liquor License and Sunday Sales Privilege for M & K Partnership, d.b.a. Buckhorn Pizza, 2404 State Street attached hereto as annex #14. Resolution #151-99 approving new Class B Liquor License and Sunday Sales Privilege for Bettendorf Hotel Associates L.L.C., d.b.a. Holiday Inn, 909 Middle Road attached hereto as annex #15. Resolution #152-99 authorizing the transfer of jurisdiction and authority of the Outlet A of the Riverside Development Park third addition to the Bettendorf Park and Recreation attached hereto as annex #16. Resolution #153-99 authorizing the approval and acceptance of an easement granted to the City of Bettendorf from Arch Mirror North, for the development of an access roadway attached hereto as annex #17. Resolution #154-99 authorizing the funding of the Riverway 2000 project in the amount of $16,720 for the FY 2000/2001 attached hereto as annex #18. Resolution # 155-99 to set a public hearing to adopt the FY 1998/99 budget amendments attached hereto as annex #19. Mayor Hutchinson proclaimed April 30, 1999 as Arbor Day and proclaimed May 6, 1999 as National Day of Prayer. Bills approved and adopted and the City Clerk directed to write checks for the respective amounts. Attached hereto as annex # 20. Council Member Voelliger moved for adjournment, was seconded by Council Member Douglas and Mayor Hutchinson adjourned the council meeting. ________________________________ Ann Hutchinson, Mayor ATTEST: ____________________________ Decker P. Ploehn, City Clerk A copy of the audiotape of this session is available at Bettendorf City Hall and/or the Bettendorf Public Library. Minutes April 20, 1999