CITY COUNCIL MEETING July 18, 2000
The City Council of the City of Bettendorf, Iowa, met in regular session on Tuesday, July 18, 2000, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council members present were Brown, Freemire, Ross, LaMar, and Voelliger. Council Members Douglas and Gordy were absent.
Mayor Ann Hutchinson presided.
The invocation was given by Reverend Rick Smith of Pleasantview Baptist Church.
Mayor Hutchinson moved item 12 on the agenda, a proclamation declaring July 24 - 30 as Americans with Disabilities Act Week forward and presented the proclamation to Mary Hartle-Smith.
Next on the agenda was public forum. Mayor Hutchinson opened public forum and as no one rose to address the council and public forum was closed.
The mayor then presented a plaque to Mr. Sam Ray. Mr. Ray was honored for 27 years of service to the city as a member of the Plan and Zone Commission.
Three outgoing members of the Museum Board of Trustees, Judy Payne, Sally Blake and Lee Ann Picchiotti were honored for two years of service on the Board. Ms. Picchiotti and Ms. Blake received plaques at the council meeting; Judy Payne was unable to attend.
Item 7 on the agenda was a presentation by Henri van Adelsberg of Public Sector Consultants who had been hired by the city in 1999 to compare the city's salary structure to other public entities' salary structure. Mr. van Adelsberg discussed his findings and made recommendations to the council. He then asked for questions from the council and he made some clarification regarding part time workers and salary discrepancies in response to Aldermen Ross, Freemire and Brown. City Administrator Decker Ploehn mentioned that the city has been and will continue to work with an employees' committee regarding strategy and implementation. He indicated that the creation of a plan for implementation would take 90 or 120 days and the council would get recommendations at that time.
Next on the agenda was a public hearing regarding the extension of Tanglefoot Lane from Devils Glen Road easterly approximately 1100 feet. At the mayor's request, council secretary verified that the notice of public hearing had been published and no correspondence had been received from the public regarding the matter.
Mayor Hutchinson then opened the public hearing. No one rose to address the council and the public hearing was closed.
Council Member Ross then presented a resolution approving the plans, specifications and form of contract for the extension of Tanglefoot Lane. Mr. Ross moved to approve and adopt the resolution and his motion was seconded by Council Member Freemire.
Roll call on the motion: all ayes. Motion carried and resolution number 253-00 is attached to these minutes as annex number one.
Item 10 on the agenda was a public hearing on the matter of the widening of 53rd Avenue from Lockwood Drive to Devils Glen Road. The council secretary verified that the notice of public hearing had been published and no correspondence had been received.
Mayor Hutchinson then opened the public hearing and when no one rose to address the council, she closed the public hearing.
Council Member Freemire then presented a resolution approving plans, specifications and form of contract for the widening of 53rd Avenue. He moved to approve the resolution and his motion was seconded by Council Member Voelliger.
Roll call on the motion: all ayes. Motion carried and resolution number 254-00 is attached hereto as annex number two.
Next, the mayor entertained a motion for the approval of the consent agenda. Council Member Voelliger so moved and his motion was seconded by Council Member Freemire.
Roll call on the motion: all ayes. Consent agenda approved.
As a result of the council's approval of the consent agenda, the following resolutions were approved and adopted:
Resolution number 255-00 approving the preliminary plat for Beck's Subdivision, north of Belmont Road, east of Pleasant Ridge Court, attached hereto as annex number 3.
Resolution number 256-00 allocating funds for the Neighborhood Enhancement and Assistance Program attached hereto as annex number 4.
Resolution number 257-00 approving a request to change street name Pleasant Ridge Drive to Pleasant Ridge Court attached hereto as annex number 5.
Resolution number 258-00 confirming the appointment of Timothy E. Smith to the Mechanical Board of Appeals attached hereto as annex number 6.
Resolution number 259-00 confirming the appointment of Kim Fuller to the Board of Adjustment attached hereto as annex number 7.
Resolution 260-00 confirming the appointment of Robin Andrews to the Plan & Zone Commission attached hereto as annex number 8.
Resolution 261-00 confirming the reappointment of Karen Getz and Jim Hult to the Family Museum of Arts and Science Board of Trustees attached hereto as annex number 9.
Resolution 262-00 approving contract with Davenport One for payments to agencies preparing Vision One application attached hereto as annex number 10.
Resolution 263-00 in support of Grand Excursion celebration attached hereto as annex number 11.
Resolution 264-00 approving a new Class B wine permit (on premises) and Sunday sales privilege for Isle of Capri Bettendorf, L.C. d.b.a. Isle of Capri Hotel attached hereto as annex number 12.
Resolution 265-00 awarding contract and approving contract and bond for reconstruction of 22nd Street attached hereto as annex number 13.
The minutes from the regular council meeting held on July 3, 2000 were considered, approved, adopted, and placed on file for future reference.
Bills considered, approved, and adopted and the city clerk was directed to write checks for the respective amounts.
On motion by Voelliger, seconded by LaMar, the council meeting was adjourned.
CITY COUNCIL MEETING July 3, 2000
The City Council of the City of Bettendorf, Iowa, met in regular session on Monday, July 3, 2000, at 5:30 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council members present were Brown, Freemire, Gordy, LaMar, Douglas and Voelliger. Council Member Ross was absent.
Mayor Ann Hutchinson presided.
The invocation was given by 2nd Ward Alderman Joe Douglas.
Next on the agenda was public forum. Mayor Hutchinson opened public forum and as no one rose to address the council and public forum was closed.
Next was a public hearing on the matter of the proposed opening of 21st Street from Cody Street to Glenn Street. The council secretary verified that the notice of public hearing had been published and no written correspondence had been received. Mayor Hutchinson opened the public hearing.
Discussion
Mr. Dan Breathaur of 2104 Oak Street addressed the council and stated his opinion that the street should not be opened.
The Director of Public Works, Wally Mook, addressed the council and the audience and showed a map of 21st Street around Central and Bellevue Streets where the proposed connecting road would go through. He also showed pictures of the existing area from Cody to Glenn Streets and discussed the condition of the area as it is now. Mr. Mook stated that some adjustments would need to be made and part of a hill would need to be cut away if the road goes through to assure proper visibility on the street.
Next, Mr. Doug Weir addressed the council. He and his wife are building a house near the area. His concern was regarding a dangerous corner (blind corner) that would need to be fixed if the street were to go through. He also said he didn't believe there was a need for the street to go all the way through as 19th, 20th and 23rd Streets all go through.
Ms. Jeri Schaefer who lives at the corner of 21st and Oak Streets asked about parking on side streets. Her concern was the snow plowing in winter and the narrow width of 21st Street. Mr. Mook stated that the street is 27 feet wide and there are other streets in the city of that width that parking on both sides of the street is allowed. He questioned the relationship between the snow plowing and the opening of 21st Street. She stated that more traffic would increase the problem.
Next, Ms. Ginny Tudeen of 1946 N. Oak Street stated that she feels the opening of the street is unnecessary and will be detrimental to the safety of the children in the neighborhood.
Mr. Philip Gomez of 1515 - 21st Street stated that he had chosen Bettendorf and that neighborhood to live in and raise his children. His concern was traffic and safety for the children.
Mr. Bob Tudeen of 1946 N. Oak Street was unhappy because the neighborhood was not notified until Friday, June 30th of the public hearing. He was also concerned about the traffic and the danger to children.
Mr. Nick Bakeris of 1501 - 21st Street praised the city for fixing the streets.
There had been some confusion regarding whether the city was planning to pave the street twice. It was clarified that the street, if it is to be re-paved and/or extended would be paved once.
Mr. Tom Saelens of 1520 - 21st Street also expressed a concern for safety for the children in the neighborhood. He bought his house on that street because of the lack of traffic.
Mr. Tim Stoffer of 2204 Glenn Court expressed satisfaction with the street as it is.
Ms. Sheila Weir, who is building a house in the area, stated that she would not like to see the city put the street through, but if it does go through, she would like the street to be fixed from Central Street to Lincoln Road.
No one else addressed the council and Mayor Hutchinson closed the public hearing. The council was not scheduled to take any action on the issue at this meeting. The matter will be voted on at the next council meeting scheduled for the 18th of July.
Item 5 on the agenda was a public hearing regarding the advertising of bids for Forest Road Drive ditch grading improvements from Golf Course Road to Eagle Ridge Road. The council secretary verified that the notice of hearing had been published and no written correspondence had been received.
Mayor Hutchinson opened the public hearing and closed it when no one rose to address the council.
Council Member Douglas presented a resolution approving plans, specifications and form of contract for improvements to Forest Road ditch grading from Golf Course Road to Eagle Ridge Road and moved to approve and adopt the resolution. His motion was seconded by Council Member Voelliger.
Roll call on the motion: all ayes. Resolution number 237-00 is attached hereto as annex number one.
Next, Council Member Gordy presented the first reading of an ordinance revising and replacing the existing Chapter 20 of the Municipal Code. The main changes are: (1) recognition of Eagle's Landing Park and Boat Launch; (2) Guardians for children at Splash Landing must now be 18 rather than 16 years old; (3) Park Board compensation is increased from $150 per month to $200 per month plus COLA, beginning with the next term.
Ms. Gordy moved to waive the rules for three readings of an ordinance and her motion was seconded by Council Member Douglas.
Roll call on waiving the rules: all ayes. Rules waived.
Ms. Gordy then moved to adopt the revised ordinance and her motion was seconded by Council Member Douglas.
Roll call on the motion: all ayes. Ordinance number 11-00 is attached hereto as annex number two.
Item 8 on the agenda was a proclamation declaring July 15, 2000 as the first GirlPower! Day.
Next, the mayor entertained a motion for the approval of the consent agenda. Council Member Freemire so moved and his motion was seconded by Council Member Douglas.
Roll call on the motion: all ayes. Consent agenda approved.
A woman in the audience, Theresa Palczynski, asked if she could address the council on Consent Item A which was a resolution approving the contract for the Performing Arts Center feasibility study. Although the public forum is the time to address issues on the consent agenda, Mayor Hutchinson gave permission for Ms. Palczynski to speak.
Discussion
Ms. Palczynski asked how many proposals were received and how was the selection process carried out. There were five proposals received and the selection was made by a Performing Arts committee working with Quad City Arts who was hired to do the request for proposal process.
Ms. Palczynski's concern was that her brother, Tom Neville of Auerbach & Associates, submitted a proposal but was not interviewed. It was explained that the proposals were reviewed and two of the submittals were then considered via oral interviews based on the aptness of the submittals.
Ms. Palczynski asked for a copy of the proposal that was accepted which the Director of Community Development, Mr. Steve Van Dyke, said he could provide after the meeting. She then suggested that the vote be postponed and her brother be interviewed and given a chance to present his proposal again. It was pointed out that if the vote were postponed it would slow up the process which is time sensitive and if Auerbach & Associates were to be considered for a second time, the other applicants would have to be considered too.
Mayor Hutchinson stated that the issue had already been discussed at length and the local connection of Auerbach considered. She said that she hoped there could be some involvement in the project for Auerbach as it moves along.
As a result of the council's approval of the consent agenda, the following resolutions were approved and adopted:
Resolution number 238-00 approving the contract for the City of Bettendorf Performing Arts Center feasibility study attached hereto as annex number 3.
Resolution number 239-00 approving the site development plan for 905 State Street, State Street Interiors building addition, submitted by Michael and Marie Johnson attached hereto as annex number 4.
Resolution number 240-00 fixing a date for public hearing and directing the advertising for bids for Tanglefoot Lane extension from Devils Glen Road easterly approximately 1,100 feet attached hereto as annex number 5.
Resolution number 241-00 fixing a date for public hearing and directing the advertising for bids for 53rd Avenue widening, eastbound lane from Lockwood Drive to Devils Glen Road attached hereto as annex number 6.
Resolution number 242-00 awarding contract and approving contract and bond for Mississippi Boulevard paving improvements from 10th Street to Hall Street and west of 8th Street attached hereto as annex number 7.
Resolution 243-00 awarding contract and approving contract and bond for 2000 drain tile and small storm sewer to Valley Construction Company attached hereto as annex number 8.
Resolution 244-00 accepting change to boundary lots 3-6 Deer Ridge, 4th Addition attached hereto as annex number 9.
Resolution 245-00 authorizing the city administrator to execute an agreement for the renewal of the city's property, liability and workers' compensation insurance attached hereto as annex number 10.
Resolution 246-00 accepting the bid for demand response bus service attached hereto as annex number 11.
Resolution 247-00 accepting the bid for Saturday fixed route bus service attached hereto as annex number 12.
Resolution 248-00 approving renewal of a Class C Liquor License (On Premises) and Sunday Sales Privilege for Wadsworth Old Chicago dba Old Chicago, 3030 Utica Ridge Road attached hereto as annex number 13.
Resolution 249-00 approving renewal of a Class C Liquor License (On Premises), Sunday Sales Privilege, and Outdoor Sales Service Privilege for Tanglewood Hills Recreational Development, Inc. dba Tanglewood Hills Pavilion and Country Club, 4250 Middle Road attached hereto as annex number 14.
Resolution 250-00 approving renewal of a Class C Beer Permit (Carry Out) and Sunday Sales Privilege for Kwik Trip, Inc. dba Tobacco Outlet Plus #502, 2242 State Street attached hereto as annex number 15.
Resolution 251-00 approving renewal of a Class C Beer Permit (Carry Out) and Sunday Sales Privilege for 2620 Central, Inc. dba Mother Hubbardís Cupboard #7, 2620 Central Avenue attached hereto as annex number 16.
Resolution 252-00 authorizing the mayor and city clerk to sign an agreement formalizing the permission hereby granted to allow decorative pavement to be used on Ridge Court Street, in the commercial development at Belmont and Middle Road attached hereto as annex number 17.
The minutes from the regular council meeting held on June 20, 2000 were considered, approved, adopted, and placed on file for future reference.
Bills considered, approved, and adopted and the city clerk was directed to write checks for the respective amounts.
Mayor Hutchinson asked the city attorney, Gregory Jager, if there was a reason for the council to go into executive session. Mr. Jager stated there was a litigation matter involving an appeal of condemnation under Iowa Code ß21.5(1)(c). He recommended that council go into executive session to discuss strategy.
Mayor Hutchinson entertained a motion to go into executive session. Council Member Voelliger so moved and his motion was seconded by Council Member Freemire.
Roll call on the motion to go into executive session: all ayes.
Motion carried and the council went into closed session to discuss pending litigation.
After closed session, the mayor entertained a motion to authorize the city attorney to proceed with settlement negotiations.
Council Member Gordy so moved and Council Member LaMar seconded her motion.
Roll call on the motion: all ayes. The city attorney is authorized to proceed with settlement negotiations.
On motion by Voelliger, seconded by Freemire, the council meeting was adjourned.