CITY COUNCIL MEETING
August 17, 1999
The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, August 17, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council Members present were Senneff, Sundholm, McCutcheon, LaMar, Gordy, Voelliger, and Douglas.
Mayor Ann Hutchinson presided.
Council Member Senneff gave the invocation.
Public forum was next on the agenda. The mayor opened public forum. No one indicated they wished to address the council and Mayor Hutchinson closed public forum.
Next on the agenda was a public hearing on the final adoption of plans, specifications, notice to bidders and form contract for the city hall remodeling project. The council secretary verified that the notice of public hearing had been published, presented the affidavit of publication, and reported the receipt of no correspondence regarding the matter at hand. Mayor Hutchinson opened the public hearing but no one addressed the council and the mayor closed the public hearing.
Council Member Douglas presented a resolution approving the plans, specifications, notice to bidders and form of contract for the city hall remodeling project. Mr. Douglas made a motion to approve and adopt the resolution and his motion was seconded by Council Member Voelliger.
Roll call on the motion: All ayes. Motion carried. Resolution #306-99 attached hereto as Annex #1.
Next was a public hearing on the matter of the vacation and transfer of ground in Vogel’s Addition.
City Attorney Jager explained that the public hearing was in two parts. Part one is vacation of unopened right-of-way (the city has never used it) and part two which is the transfer of the ground to the owner of lots 10, 11 and 12.
The mayor opened the public hearing. The council secretary verified that the notice of public hearing had been published, presented the affidavit of publication, and reported the receipt of no correspondence regarding the matter at hand. Attorney Pat Cepican, representing Northwestern Service Center which owns lots 10, 11 and 12 addressed the council to explain exactly where the ground is that they are requesting the vacation on, and that the ground is needed to provide access to their lots.
No one else addressed the council and Mayor Hutchinson closed the public hearing.
Council Member McCutcheon presented a resolution to vacate and transfer the ground as stated. His motion was seconded by Council Member LaMar.
Roll call on the motion: All ayes. Motion carried and resolution #305-99 is attached hereto as annex #2.
Eighth on the agenda was a public hearing on the matter of plans, specifications, form of contract, and engineer’s estimate on the manhole chimney seal project.
The council secretary verified that the notice of public hearing had been published, presented the affidavit of publication, and reported the receipt of no correspondence regarding the matter at hand. Mayor Hutchinson opened the public hearing. No one wished to address the council on the matter and the public hearing was closed.
Council Member Gordy presented a resolution to approve plans, specifications, and form of contract, on the manhole chimney seal project. Ms. Gordy moved to approve and adopt the resolution and her motion was seconded by Council Member Douglas.
Roll call on the motion: All ayes. Motion carried. Resolution # 304-99 attached hereto as annex #3.
Next, Council Member Voelliger presented an ordinance adding restrictions to the traffic code that mirror state code provisions and provide for penalties for violation thereof. Mr. Voelliger moved to waive the second and third readings of the ordinance and his motion was seconded by Council Member Council Member Douglas.
Roll call on the motion: All ayes. Rules regarding second and third readings waived. Mr. Voelliger moved to approve the ordinance and his motion was seconded by Council Member Douglas.
Roll call on the motion: All ayes. Motion carried and Ordinance no. 26-99 is attached hereto as annex #4.
Next, Council Member LaMar presented the 2nd reading of an ordinance amending an ordinance to rezone property at 618 15th Street from R-3 to R-5. Ms. LaMar moved to waive the rules regarding the third reading of the ordinance and her motion was seconded by Council Member Voelliger.
Roll call on the motion: All ayes. Motion carried and the third reading of the ordinance was waived.
Ms. LaMar moved to approve the ordinance as read and her motion was seconded by Council Member Douglas.
Discussion:
Council Member Sundholm asked if the neighbors and Mr. Russell of Russell construction had come to an agreement on the rezoning as Ms. Sundholm was aware, because of meetings she had attended, that the neighbors had been upset.
Director of Community Development, Steve Van Dyke responded to her question. The neighbors and Mr. Russell had come together and a berm and a fence were added to the landscape plan. Also several trees were saved because of the meeting.
Subsequently, there had been a session before the Board of Adjustment and on July 29, the Board approved special use permits subject to the action of the council. Mr. Van Dyke also mentioned that no neighbors appeared at the Board of Adjustment session of which they had been notified. There was no further discussion.
Roll call on the motion to approve the rezoning ordinance: All ayes. Motion carried and Ordinance no. 25-99 attached hereto as annex #5.
Next, the mayor entertained a motion to approve the consent agenda. Council Member Voelliger moved to approve the consent agenda, was seconded by Council Member Gordy.
Discussion:
Police Chief Phil Redington indicated that although consent agenda item G stated 20 applicants were on the civil service list for police officer. There were only 10.
On the motion to approve the consent agenda: All council members voted aye and the consent agenda was approved.
The following items were enacted by one motion as a result of the adoption of the consent agenda.
• Resolution no. 298-99 attached hereto as Annex #6 authorizing the city administrator to enter into an agreement with Public Sector Personnel Consultants.
• Resolution no. 299-99 attached hereto as Annex #7 authorizing the city administrator to enter a lease agreement with H.M.S. Corporation.
• Resolution no.300-99 attached hereto as Annex #8 authorizing the creation of a leadership academy.
• Resolution no. 301-99 attached hereto as Annex #9 accepting the fuel system upgrade proposal and tank monitory system proposal.
• Resolution no. 302-99 attached hereto as Annex #10 setting a date for public hearing on the matter of 53rd Street and Tanglefoot Lane extensions.
• Resolution no. 303-99 attached hereto as Annex #11 authorizing the purchase of property located at 125 South 13th Street.
• Consideration of the minutes from the regular council meeting held on August 3, 1999. (Approved, adopted, and attached hereto as Annex #12.
• Bills. (Approved, adopted and directed the city clerk to write checks for the respective amounts).
Prior to adjournment, Chief Redington informed the mayor and council that there was to be a training exercise on August 18 at Bettendorf Middle School in cooperation with the fire department and Medic Ambulance Service. The training exercise is to practice emergency response and students, staff and city personnel would be involved.
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
MINUTES
CITY COUNCIL MEETING
August 3, 1999
The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, August 3, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council Members present were Senneff, Sundholm, McCutcheon, LaMar, Voelliger, and Douglas. Council Member Gordy was absent.
Mayor Ann Hutchinson presided.
Council Member Senneff gave the invocation.
Public forum was next on the agenda. The mayor opened public forum. No one indicated they wished to address the council and Mayor Hutchinson closed public forum.
Fourth on the agenda was the first reading of an ordinance to amend Chapter 17 of the Municipal Code entitled Motor Vehicles and Traffic by adding stop intersections at 52nd Avenue Court and Lockwood Drive; at 48th Avenue and Norfolk Drive; at Anderson Court and 18th Street; at Grandview Drive and Belmont Road; and at Lockwood Drive and 53rd Avenue.
Prior to presenting the first reading of the above ordinance, Council Member McCutcheon requested permission to put forth questions regarding an item in the city employees’ newsletter regarding residency requirements for civil service employees of the city. He asked if staff could provide answers to his questions at the next committee of the whole meeting - no action at the council meeting. Mayor Hutchinson granted permission for the questions to be put forth at that time and those questions were:
1. What is the present policy regarding residency requirements?
2. Why are we requesting a change?
3. Do all employees comply with the present policy at this time?
Was there some discussion in the past regarding a city employee who perhaps did not comply with present policy?
Mr. McCutcheon thought that years ago the council was involved in the establishment of policy as to residency requirements, and it appears that there is simply going to be a new policy without council involvement. He would like to know why, and if this is a matter the council should study.
Mayor Hutchinson stated that the item would be placed on the discussion agenda for the next committee of the whole meeting.
Council Member McCutcheon then presented the first reading of the ordinance as stated above and made a motion to waive the second and third readings of the ordinance and his motion was seconded by Council Member Voelliger.
Roll call on the motion to waive: All ayes. Motion carried.
Council Member McCutcheon then made a motion to approve and adopt the ordinance and that motion was seconded by Council Member Voelliger.
Roll call on the motion to adopt the ordinance: All ayes. Motion carried and ordinance no. 23-99 is attached hereto as Annex #1.
Council Member Voelliger then presented the first reading of an ordinance to amend Chapter 17 of the Municipal Code entitled Motor Vehicles and Traffic by adding yield intersections at Deer Springs Drive and Deerbrook Drive and at Lockwood Drive and Summertree Avenue.
Council Member Voelliger made a motion to waive the 2nd and 3rd readings of the ordinance and his motion was seconded by Council Member Douglas.
Roll call on the motion to waive: All ayes. Motion carried.
Council Member Voelliger then made a motion to approve the ordinance and his motion was seconded by Council Member Douglas.
Roll call on the motion to adopt the ordinance: All ayes. Motion carried and ordinance no. 24-99 is attached hereto as Annex #2.
Next on the agenda were two proclamations.
The first proclamation was for Peace, Protection, and Safety in our Schools Weekend sponsored by Quad City area churches - August 14 and 15, 1999.
The second proclamation was for Buddy Poppy Weekend sponsored by the Veterans of Foreign Wars - August 13 and 14, 1999.
The mayor then entertained a motion for approval of the consent agenda. Council Member Voelliger moved to approve all items on the consent agenda with one motion and his motion was seconded by Council Member McCutcheon.
Discussion:
Council Member LaMar had comments regarding item U on the consent agenda - the resolution authorizing an agreement with the Scott County Soil and Water Conservation District for a stream bank erosion control demonstration project for the Duck Creek watershed.
Ms. LaMar applauded staff for bringing the demonstration projects to the city because the projects are innovative, cutting edge, and they save the community a lot of money.
Ms. LaMar thanked Steve Grimes, Director of Parks and she thanked Wally Mook, Director of Public Works for his bridge projects in the past. She encouraged staff to continue the work on these lines as she felt that caliber of city staff is what makes Bettendorf unique.
More specifically, Ms. LaMar addressed council a couple of months ago regarding soil erosion, and out of that came an interim study, and she expressed a hope that as staff studies the results a holistic approach will be taken community wide on the issue of soil erosion. She hopes a stricter stance will be taken when looking at planning and/or development occurs along Bettendorf’s waterways.
She mentioned Council Member McCutcheon’s previous comments about projects along Duck Creek and Alderman Douglas has expressed concern and has had first hand experience with the flood of 1993. She recommends a look at regional detention issues and she would like to see a match grant fund as Alderman Douglas has suggested for citizens who now live along waterways and for existing developments.
She asked that the city administrator, Decker Ploehn, make a report on any developments that have occurred on the interim study.
Mr. Ploehn stated that he and Council Member LaMar had spoken earlier about the actual grant, the soil conservation commission and the demonstration project. The city is not now looking solely at the stormwater management project, but the council has put $30,000 per year into erosion projects and this could be enhanced and perhaps considered as a project involving citizens in funding or sweat equity.
The city is looking at model ordinances across the country. Most communities are in the same place as Bettendorf in terms of dealing with storm water. There are only a few leading communities and their ordinances and policies have been requested and are being examined. City staff hopes to have something to council in the fall or early winter that could be considered when the capitol budget is discussed.
The city has had difficulty finding prerequisites for planning that the city would like to follow and the city may be blazing a trail on issues related to stormwater. The city is hoping to come up with a plan to assist citizens on waterways and to limit future development along those waterways.
Council Member Sundholm had a question regarding consent item P, which was a letter from the director of public works approving construction plans to accompany the final plat of Quail Ridge Pointe Subdivision.
Ms. Sundholm questioned the line which read the city will be responsible for the full cost of the pavement widening along the southeast side of Middle Road. Estimated cost for this work is $57,000.
She asked if it was usual for the city to pay for the widening of a road such as that. City Attorney Greg Jager stated the policy is that adjoining property owners are responsible for only two lanes and additional lanes are generally absorbed by the city.
Assuming Middle Road was an assessment project at the time it was paved, a homeowner would bear that cost only and widening to four lanes, beyond the first paving, would be borne by the city. The director of public works, Wally Mook, stated he would provide Ms. Sundholm with a report in writing the next day.
Ms. Sundholm moved to delete consent item T, a resolution approving renewal of a class C liquor license and Sunday Sales privilege and new outdoor service privilege for Tanglefoot Hills Pavilion and Country Club, from the consent agenda so as to avoid conflict. Council Member McCutcheon seconded the motion.
Mayor Hutchinson requested all in favor to say aye. There were no nay votes and the motion carried. Item T was moved to regular agenda to be voted on separately.
Council Member Douglas commented regarding consent items E and F, both of which were resolutions to re-approve final plats. He stated that it seems re-approval occurs frequently because these plats are not filed in a timely manner by developers. He was not sure whether the time frame for filing was too short or whether there are fees for re-application.
County Attorney Jager stated that he did not believe that the city charged fees for re-application. Bettendorf is unique in that unlike most other cities, there is a 45-day time frame for the developer to file the plats. This was done to encourage developers to place the plats on record rather than to get approval from council then do nothing. Mr. Jager felt that some developers, not being familiar with Bettendorf’s policy, miss the requirement and have to re-apply.
Mr. Douglas stated that although it is not a burden for the council, it seems that staff is doing the same work over and over. He suggested that perhaps if there were a fee associated with plat approval, developers would not be so cavalier. Mr. Jager suggested that this situation could be reviewed and a report made to the council.
There was no further discussion on the consent agenda.
On the motion to approve the consent agenda with item T removed: All council members voted aye and the consent agenda was approved.
On the resolution to approve the liquor license for Tanglewood Hills Pavilion and Country Club as stated above, Council Member Voelliger moved from approval of the resolution and his motion was seconded by Council Member Douglas.
Roll call on the motion: All ayes with Council Member Sundholm abstaining. Motion carried.
Resolution no. 295-99 attached hereto as Annex #3 approving renewal of Class C liquor license, Sunday sales privilege, and new outdoor sales privilege for Tanglewood Hills Recreational Development Inc., D.B.A. Tanglewood Hills Pavilion and Country Club.
The following items were enacted by one motion as a result of the adoption of the consent agenda.
Resolution no. 279-99 attached hereto as Annex #4 setting a date for public hearing on a rezoning request submitted by DC Developers (Lot 3, Cumberland Square, 2nd Addition).
Resolution no.280-99 attached hereto as Annex #5 setting a date for public hearing on rezoning request submitted by Century Heights limited partnership, (53rd Avenue and Middle Rd).
Resolution no. 281-99 attached hereto as Annex #6 setting a date for public hearing and directing the advertising for bids for manhole chimney seal.
Resolution no. 282-99 attached hereto as Annex #7 setting a date for public hearing on the matter of the vacation and transfer of ground platted as Vogel Place.
Resolution no. 283-99 attached hereto as Annex #8 fixing a date for public hearing and directing the advertising for bids for the remodel of city hall.
Resolution no. 284-99 attached hereto as Annex #9 ordering the installation of a street light at the alley at the rear of 1309 Broadlawn Avenue.
Resolution no. 285-99 attached hereto as Annex #10 Resolution ordering the installation of a fire hydrant - Quail Ridge Pointe Subdivision.
Resolution no. 286-99 attached hereto as Annex #11 ordering the installation of fire hydrants - Grove Park at Crow Valley
Resolution no. 287-99 attached hereto as Annex #12 approving the Bettendorf Fund - Investing in our Future Fundraising Campaign consultant expenditure.
Resolution no. 288-99 attached hereto as Annex #13 closing out the economic development assistance package in the form of a low interest loan to Boyd-Fitzgerald.
Resolution no. 289-99 attached hereto as Annex #14 Re-Approving the final plat of Molo Oil, 1st Addition.
Resolution no. 290-99 attached hereto as Annex #15 Re-Approving the final plat of Kelinson-Comess, 2nd Addition.
Resolution no. 291-99 attached hereto as Annex #16 accepting street improvements, 17th Street paving State Street to Grant Street.
Resolution no. 292-99 attached hereto as Annex #17 awarding contract and approving contract and bond for 29th Street paving improvements, Central Avenue to Bellevue Avenue; Oak Street to Cody Street.
Resolution no. 293-99 attached hereto as Annex #18 approving renewal of Class C liquor license and Sunday sales privilege for Sassy’s, Inc.
Resolution no. 294-99 attached hereto as Annex #19 approving renewal of class C beer permit and Sunday sales privilege for 2620 Central, Inc., D.B.A. Mother Hubbard's Cupboard #7.
Resolution no. 296-99 attached hereto as Annex #20 appointing Catherine L. Anderson to the Mechanical Board of Appeals
Resolution no. 297-99 attached hereto as Annex #21 authorizing an agreement with the Scott County Soil and Water Conservation District for a streambank erosion control project for the Duck Creek watershed.
Consideration of the minutes from the regular council meeting held on July 20, 1999. (Approved, adopted, and attached hereto as Annex #22.
Bills. (Approved, adopted and directed the city clerk to write checks for the respective amounts).
Council Member Douglas 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
