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| MINUTES CITY COUNCIL MEETING June 15, 1999 The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, June 15, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive. Council Members present were Gordy, LaMar, Senneff, Sundholm, Voelliger, and Douglas. Council Member McCutcheon was absent. Mayor Ann Hutchinson presided. Council Member Senneff gave the invocation. Mayor Hutchinson opened public forum. Mr. Jeff Weindruch, 3305 Magnolia Court, Bettendorf addressed the council on two issues. He stated that there had been a street repair project being done on Utica Ridge Road and the contractors had allowed dust to pollute the air from the concrete being cut. Mr. Weindruch had called the city to complain and the matter was resolved satisfactorily. Another issue addressed by Mr. Weindruch is a health nuisance to the community caused by Cardinal Concrete on State Street. Mr. Weindruch feels that concrete dust and chemical components from that dust create a health risk to people who live near the concrete plant. Mr. Weindruch has discussed the problem with city staff and has been told that there is no ability to test the particulate matter from the facility to find out if any codes are being violated. Mr. Weindruch represents a nearby resident as a listing broker for her property. His mother owns a lot on the other side of the plant. He asked that the hazard be addressed. He stated that other residents have complained and have received no response other than the sand pile is wetted down every once in a while. He stated that the sand is a nuisance; the concrete dust is a health hazard. He also stated that there is no buffering between the industrial use facility and residents. He states that city code calls for such a buffer, but he has been told that no buffer is necessary. He stated that a concrete truck with a chute on the back had recently backed into a tree that fell on a power line and a vehicle that had been parked on the property. He stated that fortunately, no children had been at play when this accident occurred. He felt that examination of trees showed that this type of accident happens frequently. Mayor Hutchinson responded by directing the city attorney to check into applicable laws and proper procedure and report to the council. No one else wished to address the council in public forum. Item 4 on the agenda was a public hearing on proposed rezoning of property located on Belmont Road from A-1 to R-3. Community Development Director Steve Van Dyke addressed the council to explain that the proposal is for the ground to be rezoned from agriculture to residential - mostly single family dwellings with some town houses allowed. Planning and zoning has unanimously recommended approval of the rezoning request. Mayor Hutchinson opened the public hearing on the matter of rezoning the property as stated. As there was no one present who wished to address the council on the matter, Mayor Hutchinson closed the public hearing. Council Member Gordy presented the first reading of an ordinance to amend the zoning ordinance of the City of Bettendorf to rezone property as stated above and moved to approve the first reading of the ordinance. Her motion was seconded by Council Member Douglas. There was no discussion. Roll call on the motion: all ayes. Motion carried and the first reading was approved. Item 6 on the agenda was a public hearing on the proposed rezoning of property at 618 15th Street from R-3 to R-5. Mr. Van Dyke told the council that Russell Construction, directly to the west of 15th Street, is requesting the rezoning. City staff would be looking into the matter of lighting, entrance and egress, etc. Council Member Sundholm stated that she had been at the planning and zoning meeting and there had been neighbors concerned about the traffic on 15th Street as the neighborhood is mainly residential with small children around. Ms. Sundholm asked if Mr. Russell had met with the neighbors. Mr. Van Dyke stated that a representative from Russell Construction had met with the neighbors. He reiterated that the Board of Adjustment review will be the appropriate time to address these issues - the use permit will be required and the design of the parking lot will be considered. Staff has input into the design of the lot such as parking stalls, lighting, etc. Ms. Sundholm asked if traffic to be deferred to Mississippi Boulevard. Mr. Van Dyke stated that the employees of Russell Construction could be encouraged to use the Mississippi Boulevard driveway rather than 15th Street. Ms. Sundholm asked if this should not be commercial rezoning. Mr. Van Dyke stated that the reason for an R-5 is because the use is permitted under the special use ordinance that is what was done in the previous request three years ago. There was some further discussion as to buffering. Council Member LaMar commented that Russell Construction has been a good neighbor by keeping up their property. She said she would like to see the parking lot access restricted to Mississippi Boulevard due to the residential ambiance. She would also like extensive landscaping between the construction company and the nearest neighbor. Council Member Voelliger commented that the landscaping is in bad shape right now and needs to be cleaned up. Council Member LaMar asked if there were more vehicles expected in the area? A representative from Russell stated that the number would be the same. They are now cramming the vehicles into a small space. They are planning to improve the parking lot from gravel to hard surface, to clean up the area and to landscape. He stated that Russell has been operating in the same location for five and a half years with no detriment to the neighborhood. Mayor Hutchinson opened the public hearing. There was no one present who wished to address the council on the matter of the rezoning of 618 15th Street and the public hearing was closed. Council Member LaMar presented an ordinance to rezone 618 15th Street from R-3 to R-5 and moved to approve the first reading of said ordinance. Her motion was seconded by Council Member Gordy. Discussion: Council Member Sundholm asked Mr. Van Dyke when the matter was scheduled to go before the Board of Adjustment. He replied that he believed it would be in July. Roll call on the motion to approve the first reading: All ayes. Motion carried. Item 8 on the agenda was an ordinance presented by Council Member Senneff amending chapter 17 of the Municipal Code entitled Motor Vehicles and Traffic by amending the no parking zones on Grant and 16th Streets, changing those zones from no parking to 10-minute parking. Mr. Senneff moved to approve the first reading of the ordinance and his motion was seconded by Council Member Gordy. Roll call on the motion: All ayes. Motion carried and first reading approved. Item 9 on the agenda was the third reading of an ordinance to rezone property located at the northwest corner of 23rd and Central from R-2 to R4, read by Council Member Douglas who moved to approve and adopt the ordinance on the third reading. His motion was seconded by Council Member Gordy. Discussion: Council Member Voelliger mentioned a petition signed by the neighbors regarding the rezoning. There were 8 signatures on the petition against the rezoning. Mr. Voelliger talked to over half of those people and he talked to neighbors who had not signed the petition. Generally, people had no problem with rezoning as long as their property was not devalued. Mr. Voelliger asked if the city was going to require, or how the property was going to be enhanced to the benefit of the neighborhood. Gary Pribble, the owner of the property who is requesting the rezoning, told the council that he intends to clear the debris and remove the chain link fence that surrounds the property, re-side the building; install new doors, enlarge the windows, add four parking spots to the existing parking lot which will match the Korean Churchís parking lot, remove some dead trees, re-shape the yard because of a drainage problem, and then the yard will be professionally landscaped. He expects four new trees to be planted. He expects to put $20,000 to $25,000 into renovating the outside of the building and another $30,000 to renovate the inside. He believes this will increase the value of the property. Council Member Voelliger expressed the opinion that it would increase the value of surrounding property as well. Ms. Sundholm asked for clarification from Mr. Voelliger as to the response of the neighbors and Mr. Voelliger explained that no one he spoke to had a problem unless their property was going to be devalued. Roll call on the motion to approve the rezoning of the property: All ayes. Motion carried. Ordinance #17-99 attached to these minutes as Annex #1 Council Member Sundholm presented the third reading of an ordinance to rezone property located at the southeast and southwest corner of Belmont and Middle Roads from A-1 to C-1. Ms. Sundholm moved to approve the third reading of the ordinance and her motion was seconded by Council Member Voelliger. Roll call on the motion: All ayes. Motion carried. Ordinance #18-99 attached hereto as Annex #2. Next, Council Member Voelliger presented the third reading of an ordinance to rezone property located at the southeast most corner of Belmont and Middle Roads from A-1 to C-5. Mr. Voelliger recommended approval of the third reading and so moved. His motion was seconded by Council Member Senneff. Roll call on the motion: All ayes. Motion carried. Ordinance #19-99 attached hereto as Annex #3. Item 12 on the agenda was a resolution presented by Council Member LaMar, expressing opposition to proposed amendments to the constitution of Iowa. Ms. LaMar moved to approve and adopt the resolution; her motion was seconded by Council Member Gordy. Discussion: Council Member Sundholm stated that she and a number of her constituents do not agree with the resolution so she would be voting no. Roll call on the motion to approve the resolution opposing amendments to the Iowa constitution: Five aye votes with Ms. Sundholm voting nay. Motion carried and resolution #204-99 was approved and adopted and attached to these minutes as Annex #4. Mayor Hutchinson entertained a motion to approve the consent agenda and enacting all items on the consent agenda in one vote. Council Member Voelliger made the motion that was seconded by Council Member Douglas. Roll call on the motion to approve the consent agenda: All ayes. The following items appeared on the consent agenda and were enacted by one motion: Resolution # 205-99 Resolution approving the site development plan for property generally located at the east side of Middle Road between Surrey Drive and Coachman Road, submitted by Iowa American Water Company attached hereto as Annex #5. Resolution #206-99 setting a public hearing date for vacation of a right-of-way for property owned by McB Development, commonly referred to as Grove Park at Crow Valley, located at the south end of Golf Course Road attached hereto as Annex #6. Resolution #207-99 approving the mayors appointment of Marvella Crabb, Mike Romkey, Suzanne Berger, Dave McAdams and Lisa Williams; and approving the mayors reappointment of Gary Aronson, Larry Brandt and Leslie OBrien Sternlicht to the Family Museum of Arts and Science board of trustees attached hereto as Annex #7. Resolution #208-99 approving new Class B Beer Permit, Outdoor Sales Privilege, and Sunday Sales Privilege for Bettendorf Jaycees, Bettendorf Middle Park attached hereto as Annex #8. Resolution #209-99 approving renewal of Class B Beer Permit, Sunday Sales Privilege, and Outdoor Sales Privilege for Hidden Hills Golf, Inc., d.b.a. Hidden Hills Golf Course, 4335 Indiana Avenue attached hereto as Annex #9. Resolution #210-99 approving renewal of Class C Liquor License and Sunday Sales Privilege for A.N.J., Ltd., d.b.a. The Tidally, 340 - 16th Street attached hereto as Annex #10. Resolution #211-99 approving renewal of Class C Beer Permit and Sunday Sales Privilege for Kiwi Trip, Inc., d.b.a. Tobacco Outlet Plus #502, 2242 State Street attached hereto as Annex #11. Resolution #212-99 approving Outdoor Sales Privilege dates for Ludden, Inc., d.b.a. OMearas Pub, 1733 State Street attached hereto as Annex #12. Resolution #213-99 authorizing renewal of liability, property, and workers compensation insurance attached hereto as Annex #13. Resolution #214-99 accepting street improvements for the 1998 Street Repair Project attached hereto as Annex #14. Resolution #215-99 setting a date for public hearing for vacation of right of way part of Band Shell Road attached hereto as Annex #15. Resolution #216-99 accepting bid of Lujack Northpark Auto Plaza for model year 2000 4x4 Chevrolet Pickup and plow attached hereto as Annex #16. Resolution #217-99 fixing a date for public hearing and directing the advertising for bids for 29th Street Paving from Central Avenue to Bellevue Avenue and from Oak Street to Cody Street attached hereto as Annex #17. Resolution #218-99 ordering the installation of a street light at 53rd Avenue at Lockwood Drive attached hereto as Annex #18. Resolution #219-99 making award of contract for Devils Glen Road Bridge over Crow Creek attached hereto as Annex #19. Resolution #220-99 accepting 1999 Intake Repair Project attached hereto as Annex #20. The following resolutions all accept subdivision improvements: #221-99 street paving AAA Office Park, 2nd Addition attached hereto as Annex #21. #222-99 street paving, Heather Glen at St. Andrews Addition attached hereto as Annex #22 #223-99 storm sewer, Heather Glen at St. Andrews Addition attached hereto as Annex #23 #224-99 sanitary sewer and storm sewer, Legends at Palmer Hills attached hereto as Annex #24 #225-99 sanitary sewer, Pleasant View Baptist Church attached hereto as Annex #25 #226-99 storm sewer, Old Ivy Woods Addition attached hereto as Annex #26 #227-99 sanitary sewer, Old Ivy Woods Addition attached hereto as Annex #27 #228-99 sanitary sewer, Deer Ridge, 2nd Addition attached hereto as Annex #28 #229-99 storm sewer, Deer Ridge 2nd Addition attached hereto as Annex #29 #230-99 street paving, Deer Ridge 2nd Addition attached hereto as Annex #30 #231-99 sanitary sewer, Hartz 3rd Addition attached hereto as Annex #31 #232-99 street paving, Hartz 3rd Addition attached hereto as Annex #32 #233-99 street paving Hartz 3rd Addition Middle Road attached hereto as Annex #33 #234-99 street paving Maple Glen 3rd Addition, attached hereto as Annex #34 #235-99 storm sewer Maple Glen 3rd Addition, attached hereto as Annex #35 #236-99 sanitary sewer Schaefer Farms Five Addition, attached hereto as Annex #36 #237-99 storm sewer Schaefer Farms Five Addition, attached hereto as Annex #37 #238-99 street paving Schaefer Farms Five Addition attached hereto as Annex #38 #239-99 street paving, Century Heights 4th Addition attached hereto as Annex #39 #240-99 sanitary sewer, Century Heights 4th Addition attached hereto as Annex #40 #241-99 storm sewer, Century Heights 4th Addition attached hereto as Annex #41 #242-99 sanitary sewer, Century Heights 7th Addition; and a portion of the sanitary sewer Century Heights, 4th Addition attached hereto as Annex #42 #243-99 storm sewer, Century Heights 7th Addition attached hereto as Annex #43 #244-99 storm sewer, Riverboat Development Park, 5th Addition, attached hereto as Annex #44. Consideration of the minutes from the regular council meeting held on June 1, 1999. (Approve, adopt, and place on file for future reference) Bills. (Approve, adopt and direct the city clerk to write checks for the respective amounts). Minutes from the regular council meeting held on June 1, 1999 amended, approved, adopted, and placed on file for future reference. Bills - approved and adopted; City Clerk directed to write checks for the respective amounts. Council Member Voelliger moved for adjournment, was seconded by Council Member Senneff and Mayor Hutchinson adjourned the council meeting. ________________________________ Ann Hutchinson, Mayor ATTEST: ____________________________ Decker P. Ploehn, City Clerk
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