May 18, 1999
The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, May 18, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council Members present: were Gordy, LaMar, Douglas, Sundholm Voelliger and McCutcheon. Council Member Senneff was absent.
Mayor Ann Hutchinson presided.
City Attorney Jager 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 presentation of the annual report of the Scott County Regional Authority by Patti Ramacitti, secretary.
Ms. Ramacitti went over the 1998 grants that were dispersed by the authority and also discussed the overall disbursement of monies from the beginning.
The city of Bettendorf has been the recipient of several grants over the years as well as other worthwhile entities in the community.
Bettendorf has received $1.034 million disbursed to city or governmental subdivisions; school systems in Bettendorf have received $2.72 million and to non-profits such as Luther Manor and Maternal Health Care have received $296,000 for a total of $3.4 million for Bettendorf alone.
That total represents about 1/3 of the total money disbursed so far.
Schools in the community receive 38%; governments 25% not for profits receive approximately 37%. These figures are average over the four years since the Authority has been working with Lady Luck Casino.
Ms. Ramacitti stated that the relationship with Lady Luck is outstanding. Mayor Hutchinson thanked the Authority for their community service and remarked that the library where council meetings are held and the Family Museum exist because of money received from the Scott County Regional Authority.
Fifth on the agenda was a public hearing on the matter of rezoning property from A-1 to C-1; property located at the southeast and southwest corner of Middle Road and Belmont Road. No one was present who wished to address the council on the rezoning and public hearing was closed.
Council Member Sundholm presented the first reading of an ordinance to rezone property as stated above; Ms. Sundholm moved to accept the first reading of the ordinance and her motion was seconded by Council Member Voelliger.
Roll call on the motion: All ayes. First reading of the ordinance approved.
Seventh on the agenda was a public hearing on rezoning of the property located at the southeast most corner of Middle Road and Belmont Road from A-1 to C-5. No one was present who wished to address the council on the matter and public hearing was closed.
Council Member Sundholm presented the first reading of the ordinance to rezone the property as stated above and moved to approve the first reading of the ordinance. Her motion was seconded by Council Member Gordy.
Roll call on the motion: All ayes. First reading of the ordinance approved.
Item 9 on the agenda was a public hearing on the adoption of amendments to the FY 1998/1999 budget. At Mayor Hutchinson's request, Director of Finance Carol Barnes explained the amendments and described the bottom line is increases of just under $3 million - the majority of the amendments are from deferred capital projects.
Mayor Hutchinson opened the public hearing. No one was present who wished to address the council on the matter of the budget amendments and public hearing was closed.
Council Member Douglas presented a resolution to amend and certify the FY 1998/1999 budget and moved to approve the resolution. His motion was seconded by Council Member Voelliger.
Roll call on the motion. All ayes. Motion carried and resolution #169 is attached hereto as annex #1.
Council Member Douglas presented a resolution to approve specifications, notice to bidders, and form of contract for curbs and gutters on 23rd Street, pool entrance relocation, and Hillside Drive widening. Mr. Douglas moved to approve the resolution and his motion was seconded by Council Member Voelliger. Council Member McCutcheon asked if there was any additional budget consideration attached to the resolution for the building of paths and he was told there was not.
Roll call on motion: All ayes. Resolution #170 attached hereto as annex #2.
Council Member Voelliger presented a resolution directing the city attorney to condemn property from Devils Glen Road to Middle Road in order to extend Tanglefoot Lane. Mr. Voelliger moved to approve the resolution and his motion was seconded by Council Member Gordy.
Roll call on motion: Five ayes with Council Member Sundholm abstaining. Motion carries. Resolution #171 attached hereto as annex #3.
Council Member McCutcheon presented a resolution directing the city attorney to condemn property from Hollowview Park to Devils Glen Road in order to extend the bicycle path. Mr. McCutcheon moved to approve and adopt the resolution and his motion was seconded by Council Member LaMar.
Discussion: Council Member Sundholm had questions regarding a law that may go into effect as of July 1 and asked if the possibility of the new law was why the council was being asked to act quickly on the condemnation matters.
City attorney Jager responded by stating that as to the property under discussion, the city thought agreement had been reached with the property owner, but necessary documents were not yet signed. Since condemnation was being done on other projects; i.e., 52rd Street, Tanglefoot; it is recommended to go ahead and condemn on this property as well.
Mr. Jager further explained that if the new law is signed, procedures will be changed to condemn property on any project and it makes sense to condemn before the law is changed.
End of discussion.
Roll call on motion: Five ayes with Council Member Sundholm voting nay. Resolution #172 attached hereto as annex #4.
Item 14 on the agenda was the first reading of an ordinance amending Chapter 17 of the Municipal Code entitled ‘Motor Vehicles and Traffic; Turning at Intersections, 14th Street and State Street and at Belmont Road and Middle Road.’ Council Member Voelliger presented the ordinance and moved to approve the first reading thereof. His motion was seconded by Council Member Douglas.
Roll call on the motion: All ayes. First reading of the ordinance approved.
Next on the agenda was the presentation by Council Member Gordy of an ordinance amending Chapter 27 of the Municipal Code entitled ‘Streets, Sidewalks and Public Grounds, Six Foot Sidewalk on 53rd Avenue and Belmont Road.’ Ms. Gordy moved to approve the first reading of the ordinance and her motion was seconded by Council Member Douglas.
Discussion:
Council Member Sundholm stated that she thought the issue was going to be tabled after the discussion at the Committee of the Whole.
She had calls regarding the issue and she questions the six-foot size of the sidewalks vs. four-foot. She stated that she assumed the larger sidewalks are to accommodate the general public so she was wondering why maintenance of the sidewalks would fall to adjoining property owners.
Mayor Hutchinson stated that the maintenance issue is separate from the installation issue and the installation is what is being presented. She also stated that the city is prepared to cover the expense of installation of the extra two feet on the sidewalks.
Council Member McCutcheon stated that he would vote yes to approve the first reading, but he asked the council to consider the resolution of the issue of maintenance before the final reading.
He stated that there are new homes being built on the north side of 53rd east of 18th and he was sure that those homes would be sold prior to the installation of the six foot sidewalk. He wondered if people understand that they would have to go over the berm to maintain the sidewalks. He feels that matters are not clear to potential property owners and a closer look is called for.
End of discussion.
Roll call on motion. Five ayes with Council Member Sundholm voting nay. First reading of the ordinance approved.
Council Member Gordy next presented the first reading of an ordinance prohibiting pedestrians/bicycles on I-74 and I-80. Ms. Gordy made a motion to waive the second and third readings of the ordinance. Her motion to waive was seconded by Council Member Voelliger. Roll call on motion: all ayes. Motion carried.
Council Member Gordy moved to approve the ordinance and her motion was seconded by Council Member Voelliger. Roll call on the motion: all ayes. Ordinance #9-99 attached hereto as annex #5.
Item 17 on the agenda was the presentation of an ordinance modifying the definition of harassment. (Modification requested by the police department to include harassment by personal contact which allows the charge to be brought as a city rather than state charge). Council Member McCutcheon presented the first reading of the ordinance and made a motion to waive the second and third readings of the ordinance. His motion to waive was seconded by Council Member LaMar. Roll call on motion: all ayes. Motion carried. Mr. McCutcheon then moved to approve and adopt the ordinance and that motion was seconded by Council Member Voelliger. Roll call on motion: all ayes. Ordinance #12-99 attached hereto as annex #6.
Item 18 on the agenda was the second reading of an ordinance to amend Chapter 15 of the Municipal Code which allows for the naming of the Family Museum of Arts and Science and makes technical changes to the chapter. Mr. McCutcheon presented the second reading and moved to waive the third reading. His motion to waive was seconded by Council Member Gordy. Roll call on the motion: all ayes. Motion to waive carried. Mr. McCutcheon then moved to approve the ordinance and his motion was seconded by Council Member Douglas. Roll call on the motion: all ayes. Ordinance #13-99 attached hereto as annex #7.
Next on the agenda was the third reading of an ordinance to amend the zoning ordinance which would allow for the rezoning of property at 23rd and Central from R-2 to R-4. Council Member LaMar moved to table this reading as all council members were not present. Her motion to table was seconded by Council Member Voelliger. Roll call on the motion: all ayes. Motion to table carried.
Item 20 on the agenda was the second reading, presented by Ms. LaMar, of an ordinance authorizing an increase in compensation for council members. Ms. LaMar made a motion to approve the second reading of the ordinance and her motion was seconded by Council Member Voelliger.
Discussion: Council Member Sundholm asked if there was any other city that had a cost of living increase. Ms. LaMar stated that she did not know if any. Ms. Sundholm stated that the cost of living increase is appropriate for council members and she feels it's a way to get an increase without the knowledge of taxpayers.
End of discussion.
Roll call on the motion: four ayes. Council Members Sundholm and McCutcheon voted nay. Second reading of the ordinance approved.
Mayor Hutchinson entertained a motion to approve the consent agenda and enacting all items on the consent agenda in one vote. Council Member LaMar made the motion which was seconded by Council Member McCutcheon. Roll call on motion: all ayes.
The following items appeared on the consent agenda and were enacted by one motion:
• Resolution #173 accepting street improvements 29th Street Paving north of State Street attached hereto as annex #8.
• Resolution #174 approving agreement with the Iowa Department of Transportation for railroad crossing, 62nd Street Court attached hereto as annex #9.
• Resolution #175 authorizing the Director of Public Works to execute an engineering agreement with Beling Consultants for the design, bid opening and project administration for alley paving between Holmes Street and Jones Street attached hereto as annex #10.
• Resolution #176 making award of contract and approving contract and bond for 1999 Sealcoating, Contract No. 1 attached hereto as annex #11.
• Resolution #177 making award of contract for 1999 Sealcoating, Contract No. 2 attached hereto as annex #12.
• Resolution #178 making award of contract and approving contract and bond for Lincoln Road widening and reconstruction attached hereto as annex #13.
• Preliminary resolution # 179 alley paving, north of Holmes Street, 8th Street to 10th Street attached hereto as annex #14.
• Resolution #180 approving the preliminary and final PUD site development plan for property generally located at the southeast corner of Kimberly Road and Lincoln Road, submitted by Kaizen Company of America, L.C. attached hereto as annex #15.
• Resolution #181 approving the site development plan for property generally located at the southwest corner of Devils Glen Road and Middle Road, submitted by Bettendorf W.G., L.L.C. attached hereto as annex #16.
• Resolution #182 approving the final plat of Kelinson-Comess 2nd Addition (Replat of Lot 2 Kelinson-Comess Addition), submitted by Bettendorf W.G., L.L.C. attached hereto as annex #17.
• Resolution #183 approving the expenditure of funds for a project request from the Bettendorf Fund. (Braren, Mulder, German Associates, Inc.) attached hereto as annex #18.
• Resolution #184 approving the expenditure of funds for a project request from the Bettendorf Fund. (Tim Downing, Architect) attached hereto as annex #19.
• Resolution #185 approving placement of Riverside Industrial Park identification sign in city right-of-way on 35th Street, submitted by I.M. Signs attached hereto as annex #20.
• Resolution #186 approving renewal of Class C Liquor License and Sunday Sales Privilege for G.L.S. Investments, Inc., d.b.a. Beaver's East, 3408 State Street attached hereto as annex #21.
• Resolution #187 approving renewal of Class B Beer Permit, Sunday Sales Privilege, and Class B Wine Permit for Joevan Foods, 1421 Kimberly Road attached hereto as annex #22.
• Resolution #188 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Convenient Ventures, L.L.C., d.b.a. Dart Mart #2, 4200 State Street attached hereto as annex #23.
• Resolution #189 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Convenient Ventures, L.L.C., d.b.a. Dart Mart #3, 3469 Middle Road attached hereto as annex #24.
• Resolution #190 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Convenient Ventures, L.L.C., d.b.a. Dart Mart #4, 411 - 14th Street attached hereto as annex #25.
• Resolution #191 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Convenient Ventures, L.L.C., d.b.a. Dart Mart #5, 909 Spruce Hills Drive attached hereto as annex #26.
• Resolution #192 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Robur, Inc., d.b.a. Daybreak #5, 999 Middle Road attached hereto as annex #27.
• Resolution #193 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Quint Cities Petroleum Co., d.b.a. One Stop Mart #14, 2480 53rd Avenue attached hereto as annex #28.
• Resolution #194 approving the transfer of a class C beer permit, class ìEî liquor license, class B wine permit, and Sunday sales privilege for Eagle Food Centers, Inc. d.b.a. Eagle Food Center #089; 2701 Devils Glen Road attached hereto as annex #29.
• Bills approved and adopted and the City Clerk directed to write checks for the respective amounts. Attached hereto as annex # 30.
Council Member Gordy moved for adjournment, was seconded by Council Member Voelliger and Mayor Hutchinson adjourned the council meeting.
MINUTES
CITY COUNCIL MEETING
May 4, 1999
The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, May 4, 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 the construction of a new bridge on Devils Glen Road over Crow Creek. Council secretary verified that the notice of hearing had been published, that an affidavit of publication had been received, and that no correspondence had been received as a result of the hearing notice.
Mayor Hutchinson opened the public hearing. No one came forth to address the council and the public hearing was closed.
Council Member McCutcheon presented a resolution approving the plans, specifications and form of contract for the construction of said bridge and he moved to approve and adopt the resolution. He was seconded by Council Member Voelliger. There was no discussion other than Council Member Sundholm stating that she feels this bridge is needed and she is glad that funding has been found for it.
Roll call on the motion: All ayes. Motion carried. Resolution number 156-99 is attached hereto as annex #1.
Next on the agenda was a public hearing on the 1999 seal coating. Council secretary verified that the notice of hearing had been published, that an affidavit of publication had been received, and that no correspondence had been received as a result of the hearing notice.
Mayor Hutchinson opened the public hearing. No one was present who wished to address the council on the 1999 seal coating.
Council Member Voelliger presented a resolution to approve specifications, notice to bidders and form of contract for seal coating. Mr. Voelliger made a motion to approve and adopt said resolution and his motion was seconded by Council Member Douglas.
Roll call on the motion. All ayes. Motion passed. Resolution no. 157-99 attached hereto as annex no. 2.
Next, Council Member Sundholm presented a resolution to approve the preliminary plat for Grove Park at Crow Valley submitted by McCarthy Bush Development Company. Ms. Sundholm made a motion to approve and adopt the resolution as read and she was seconded by Council Member Voelliger.
Council Member Senneff moved to amend the resolution as follows:
• the development company will work in a cooperative manner with the adjoining homeowners and the city on the design, appearance and extent of fencing around the development.
Council Member Voelliger seconded the motion to amend.
Discussion:
Council Member Douglas asked Mr. Senneff if this amendment would call for an agreement, and Mr. Senneff stated that he felt it should be non-binding but that he felt the developer could be relied upon to comply and the amendment would make the surrounding homeowners more comfortable.
Mr. Senneff also suggested that the engineers look further into placing the entrance on the east side of the property.
Discussion ended.
Roll call on the motion to amend the resolution as stated: All ayes. Motion carried.
Ms. Sundholm commented at this point regarding the location of the entrance. She has had some calls from citizens who feel that they did not have a chance to discuss this although there have been a meeting held between neighbors and the developer. Ms. Sundholm said she would like to see another meeting to clear the matter for all concerned parties.
Roll call on the motion to approve and adopt the resolution as amended: Five ayes with Council Members Gordy and Sundholm voting nay. Resolution no. 158-99 attached hereto as annex # 3.
Next on the agenda as item no. 9 was a public hearing on the relocation of the 23rd Street pool entrance, the widening of Hillside Drive, and the construction of curbing along 23rd Street. Council secretary verified that the notice of hearing had been published, that an affidavit of publication had been received, and that no correspondence had been received as a result of the hearing notice.
Mayor Hutchinson opened the public hearing. No one came forth to address the council on the matter and Mayor Hutchinson closed the public hearing.
Item 10 on the agenda was a presentation by Council Member Senneff of the first reading of an ordinance to amend Chapter 15 of the Municipal Code which provides for the code to reflect the proper name of the museum. Mr. Senneff moved to approve the first reading of the ordinance. His motion was seconded by Council Member Gordy.
Roll call on motion: All ayes. First reading of the ordinance approved.
Council Member presented the second reading of an ordinance to rezone property located at the corner of Central and 23rd from R-2 to R-4. Council Member Douglas moved to approve the second reading; his motion was seconded by Council Member Voelliger.
Discussion:
Ms. Sundholm asked if the restrictive covenant offered by the property owner was to be followed as a result of the ordinance. City Attorney Jager replied by stating that the ordinance did not require a restrictive covenant as the ordinance provides for rezoning and does not provide for a condition to rezone. The city can ask the applicant to file the restrictive covenant upon the passage of the council and passage by the mayor. The city is relying on the applicant to file the covenant as agreed.
There was further discussion regarding zoning restrictions and special uses which may or may not be allowed and to whom the applications should be made. Mr. Jager stated the permitted uses for an R-4 zoning and re-stated that Mr. Pribble’s restrictive covenant states that he will, if he receives governmental approval, use it only for one thing - a chiropractic clinic for the next 21 years.
End of Discussion:
Roll call on the motion: 6 ayes. Council Member McCutcheon voted nay. Motion passed.
Council Member Gordy then presented the second reading of an ordinance to amend Section of the code - Definitions: Garages, private. Ms. Gordy moved to waive the third reading of the ordinance and was seconded by Council Member Douglas.
Roll call on motion: All ayes. Motion carried.
Ms. Gordy moved to approve the ordinance and was seconded by Mr. Douglas.
Roll call on motion: All ayes. Motion carried. Ordinance no. 8-99 attached hereto as annex #4.
Next on the agenda was an ordinance authorizing an increase in compensation to council members, presented by Council Member LaMar. Ms. LaMar moved to approve the first reading of the ordinance; she was seconded by Council Member Voelliger. (The increase would be $100 per month from $3600 per year to $4800 per year. An automatic cost-of-living increase also is provided.)
Discussion:
There was discussion of citizen comments made to Pat Sundholm regarding ‘perks’ that council members get, such as fax machines and trips to conferences. Ms. Sundholm expressed concern regarding members not always being available for meetings, yet still getting paid. Ms. Sundholm asked the council to look at the cost of trips and limit the number of trips a council should take.
Council Member Douglas reminded Ms. Sundholm that she was gone during council meetings and during the budget discussions.
Council Member LaMar indicated that she though trips by the council were appropriate; that since being elected she has learned that what happens in Washington, D.C. or Des Moines affects how a city can react to the needs of its citizens. She indicated that networking was also a value gained from attendance at conferences. She liked the ease of communication the fax machine provided.
Council Member Senneff indicated that he has to take vacation when attending to council business, such as the day trip to Chicago to view swimming pool facilities, and that the proposed compensation increase was, on balance, appropriate.
Council Member McCutcheon indicated he would vote no on the ordinance because he believed council service was a volunteer action and should not be overly compensated; he was comfortable with the compensation currently provided. He did not want his vote to be considered as a vote in support of the statements of Ms. Sundholm.
Mayor Hutchinson indicated the council travel budget was set during the budget process which is subject to a public hearing process. She did not believe any restriction on other matters would be appropriate.
Ms. Sundholm moved to delete the cost of living adjustment to the proposed ordinance. The motion died for lack of a second.
End of Discussion:
Roll call on motion to approve the first reading: 5 ayes. Council members Sundholm and McCutcheon voted nay. Motion carried.
Mayor Hutchinson proclaimed May 9 through the 15th as School Board Recognition Week and proclaimed May 16th - May 22 as National Public Works Week.
Director of Public Works, Wally Mook invited the public to the annex on Devils Glen Road on May 22 when there will be demonstrations of equipment and refreshments provided.
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 number 159-99 authorizing an award of low bid for a Hawkeye Navistar 4900 truck chassis with Labrie 29 cubic yard side loading refuse truck per specifications attached hereto as annex #5.
• Resolution number 160-99 ordering the installation of fire hydrants for Brockway subdivision phase I attached hereto as annex #6.
• Resolution number 161-99 setting a public hearing for the rezoning of property located at the southeast and southwest corner of Middle Road and Belmont Road from A-1 to C-1 attached hereto as annex #7.
• Resolution number 162-99 setting a public hearing date on the rezoning of property located at the southeast most corner of Middle Road and Belmont Road from A-1 to C-5 attached hereto as annex #8.
• Resolution number 163-99 approving the preliminary plat for Charles Subdivision, attached hereto as annex #9.
• Resolution number 164-99 approving the site development plan for 4929 Centruy Heights Avenue, attached hereto as annex #10.
• Resolution number 165-99 approving the P.U.D. plan for 2925 ñ 18th Street, attached hereto as annex #11.
• Resolution number 166-99 establishing fees for weed mowing for 1999 attached hereto as annex #12.
• Resolution number 167-99 approving a moratorium on the issuance of building permits for billboards for 90 days attached hereto as annex #13.
• Resolution number 168-99 awarding the low bid for fiber and innerduct installation from Belmont and Middle Road to the new fire station on Crow Creek Road attached hereto as annex #14.
• Bills approved and adopted and the City Clerk directed to write checks for the respective amounts. Attached hereto as annex # 15.
Council Member Douglas moved for adjournment, was seconded by Council Member Voelliger 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.
