MINUTES CITY COUNCIL MEETING September 7, 1999 The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, September 7, 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 expressed a desire to address the council and Mayor Hutchinson closed public forum. Tracey Kuehl, Director of the Family Museum of Arts & Science, and Mayor Hutchinson presented awards to Jenifer Schermer and Mike Thoms who left the Board for the museum after 9 years and 8 years of service respectively. Both Ms. Schermer and Mr. Thoms accepted plaques and expressed their admiration and thanks to Bettendorf officials, employees, and citizens. Mayor Hutchinson also stated that Dave Steil, who could not be present, would receive a plaque as well. Mr. Steil served on the Board from 1988 - 1999. Next, Ms. Kuehl presented an award to the city council for excellence in construction as presented to the Museum from the National Association of Women in Construction. The original award will remain in the museum, but Ms. Kuehl presented a copy to the council to hang in city hall as a reminder of the Family Museum project and the fine outcome. Next on the agenda was a public hearing on the matter of rezoning property located on Lot 3 at Cumberland Square Second Addition from C-2 to C-3 as submitted by DC Developers. 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 asked senior city planner Mark Brockway to explain the rezoning which he did. His basic statement was that the subject site is located behind the Cumberland Square Shopping Center and just north and to the east of Cumberland Square Drive. The surrounding area is zoned either C-2 or C-3. The intent is to use the land as a Quad City Times distribution center. The site plan is scheduled to go to the Planning and Zoning Commission on September 15. The site plan would then be brought before the council, subject to their action on the rezoning request. Mayor Hutchinson then opened the public hearing but no one addressed the council and the mayor closed the public hearing. Discussion: Council Member McCutcheon expressed some concern over the location of housing for senior citizens in relation to the proposed distribution center. He was concerned because the distribution center would be in use from 1 a.m. to 4 a.m. and he wanted to be sure that people would not be awakened from the use of the land as proposed. He stated that he understood it was a commercial area already, but there are still people residing quite close to the facility. Mr. Brockway replied by stating there is about 200 feet between the proposed center and the facility for senior citizens. He also stated that was some buffering in place already in the form of a building and some natural vegetation. Mr. McCutcheon stated that if the council was not concerned about the noise issue, he would like to be sure the subject was addressed in the site plan. Council Member LaMar stated that she agreed with Council Member McCutcheon. She recalled that there was some natural vegetation along the creek and City Administrator Decker Ploehn assured her that the vegetation would remain in place. There was further discussion, initiated by Council Member Voelliger regarding the proposed use of land across the street to the east. Council Member Senneff presented the first reading of an ordinance to rezone property located on part of Lot 3, Cumberland Square Second Addition, from C-2 to C-3. Mr. Senneff moved to waive the rules regarding three readings of an ordinance and his motion was seconded by Council Member McCutcheon. Roll call on the motion to waive the rules: all ayes. Motion carried. Council Member Senneff moved to adopt the ordinance and was seconded by Council Member Voelliger. Roll call on the motion to adopt the ordinance: all ayes. Motion carried and ordinance no. 27-99 attached hereto as Annex #1. Next on the agenda was a public hearing on the matter of the proposed rezoning of property located at 53rd Avenue and Middle Road from C-2 to C-5. 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. Senior Planner Brockway presented an overview of the area under discussion. The developer is proposing duplex condominiums on both sides of Red Fox Road within the C-5 designation. Mr. Brockway stated that staff recommends approval as this use would provide a good transition to the single family uses existing to the east. Plan and Zone had recommended a buffer between commercial and residential use, and the developer provided it in his plan. Mayor Hutchinson opened the public hearing on the rezoning issue. Discussion: Council Member Gordy and Mayor Hutchinson expressed concern that the buffer areas would actually be placed as they are not subject to site plans. Mr. Brockway explained that on the final plat, a formal buffer easement would be established. The mayor asked the developer, Rob Fick, if the homeowners’ association would be responsible for the maintenance of the buffer area. She was assured that covenants in contracts regarding the maintenance of the buffer area would be in place by the time a final vote is taken. Council Member Douglas raised the issue of zoning conditions. He understood that the council could not condition approval of zoning upon presentation of certain plats. Attorney Greg Jager responded to his statement/query by stating that there are conflicting opinions among city attorneys across the state. There is conflict between established law and a provision of state code. Because of the split, Mr. Jager has taken a cautious approach and has said ‘Let’s not look at conditional zoning; let’s try to assume the worst when we look at things.’ Generally Mr. Jager feels that there is a mechanism in place, but he is not 100% comfortable with it. Mr. Douglas responded that if the council is being asked to consider rezoning because of the way the property is being developed, it seems fair that approval of rezoning should be subject to the property being developed as it is presented. His proposal was that the zoning be conditioned. There was further discussion among Council Members Sundholm, Gordy, and Voelliger; and Mr. Fick and Mayor Hutchinson regarding the developer’s plans for buffering, the appropriateness of a rezoning request at this time, and whether it could be made clearer to future homeowners of the property of the possibilities of commercial use of surrounding property. Mayor Hutchinson then closed the public hearing at which no one addressed the council but the developer, Rob Fick, who responded to council’s questions. Council Member Sundholm then presented the first reading of an ordinance to rezone the property as stated. Ms. Sundholm moved to approve the first reading of the ordinance and her motion was seconded by Council Member Senneff. Council Member Douglas moved to amend the ordinance to reflect the agreement of the owner to provide a 50 foot buffer with a berm 4 to 6 feet tall, located along the border of the property and adjacent to the C-2 zoning generally to the west, with the further agreement that as the property is platted, the council may waive this requirement on any particular lot when a similar buffer is provided on the C-2 property. Council Member Voelliger seconded the motion. Roll call on the motion to amend the ordinance. All ayes. Ordinance to be amended as stated above. Roll call on the motion to approve the ordinance as amended. All ayes. First reading approved. Council Member Voelliger presented an ordinance to amend Chapter 17 of the municipal code establishing a left turn lane at 26th Street and State Street, Devils Glen Road and State Street, and Spruce Hills Drive and Utica Ridge Road. Mr. Voelliger moved to waive the rules on three readings of an ordinance and was seconded by Council Member Douglas. Roll call on the motion to waive the rules: all ayes. Mr. Voelliger moved to approve the ordinance and was seconded by Council Member Douglas. Roll call on the motion to approve the ordinance: all ayes. Ordinance no. 28-99 attached to these minutes as Annex #2. Mayor Hutchinson next presented three proclamations: Rehabilitation Awareness Week September 12 ñ 18; Disabled Veterans Forget Me Not Flower Week, September 5 - 11; and Purple Heart Forget Me Not Flower Week, September 5 ñ 11. Mr. Voelliger moved to approve the consent agenda and his motion was seconded by Council Member Gordy. Roll call on the motion to approve the consent agenda: all ayes. The following items were enacted by one motion as a result of the adoption of the consent agenda. • Resolution no. 307-99 attached hereto as Annex #3 approving the job position of building permit technician. • Resolution no. 308-99 attached hereto as Annex #4 setting a date for public hearing on a rezoning request 53rd Avenue east of Middle Road from A-1 to R-1. • Resolution no. 309-99 attached hereto as Annex #5 setting a date for public hearing on a rezoning request - east side of Middle Road north of 53rd Avenue from A-1 to R-5. • Resolution no. 310-99 attached hereto as Annex #6 setting a date for public hearing on a rezoning request - east side of Middle Road north of 53rd Avenue from A-1 to C-5. • Resolution no. 311-99 attached hereto as Annex #7 setting a date for public hearing to review zoning codes regarding personal communication service towers. • Resolution no. 312-99 attached hereto as Annex #8 re-approving the final plat of Palmer Hills Professional Park. • Resolution no. 313-99 attached hereto as Annex #9 accepting street improvements re: 33rd Street reconstruction, south of State Street. • Resolution no. 314-99 attached hereto as Annex #10 setting a date for public hearing to amend the city’s service contract with Great River Bend Services. • Resolution no. 315-99 attached hereto as Annex #11 approving and awarding the contract and bond for the manhole chimney seal project. • Resolution no. 316-99 attached hereto as Annex #12 authorizing the director of public works to enter a supplemental contract under the 1999 street repair project. • Resolution no. 317-99 attached hereto as Annex #13 authorizing the director of public works to execute a change order for supplemental work under the 1999 street repair project. • Resolution no. 318-99 attached hereto as Annex #14 amending the capital improvement program budget - Devils Glen Road widening between Middle Road and Holiday Court. • Resolution no. 319-99 attached hereto as Annex #15 directing the director of public works to proceed with the preparation of documents necessary for the reconstruction of Bayberry Lane. • Resolution no. 320-99 (preliminary) attached hereto as Annex #16 paving of Mississippi Boulevard from 10th Street to Hall Street. • Resolution no. 321-99 (preliminary) attached hereto as Annex #17 paving from Central Avenue to Oak Street. • Resolution no. 322-99 (preliminary) attached hereto as Annex #18 paving of Mississippi Boulevard from 8th Street west to existing paving. • Resolution no. 323-99 attached hereto as Annex #19 approving renewal of Class C beer permit and Sunday sales privilege for Dalgen Services, Inc. d.b.a. Gary’s Quik Serv #2, 2545 ñ 18th Street. • Resolution no. 324-99 attached hereto as Annex #20 approving renewal of Class A liquor license, Sunday sales privilege, and outdoor sales privilege for Crow Valley Golf, Inc. d.b.a. Crow Valley Golf, 6000 18th Street. • Resolution no. 325-99 attached hereto as Annex #21 approving renewal of Class A liquor license and Sunday sales privilege for Veterans of Foreign Wars Post 9128, 2814 State Street. • Resolution no. 326-99 attached hereto as Annex #22 approving renewal of Class C liquor license and Sunday sales privilege Cabodero, L.L.C. d.b.a. Stubbs Eddy, 1716 State Street. • Resolution no. 327-99 attached hereto as Annex #23 approving renewal of Class B beer permit and Sunday sales privilege for Happy Joe’s Pizza and Ice Cream Parlor, Inc. d.b.a. Happy Joe’s, 2430 Spruce Hills Drive. • Resolution no. 328-99 attached hereto as Annex #24 approving renewal of Class C liquor license and Sunday sales privilege for R.J. Boars, Inc. d.b.a. R.J. Boars, 1804 State Street. • Resolution no. 329-99 attached hereto as Annex #25 approving renewal of Class B beer permit and Sunday sales privilege for Buffet King, Inc. d.b.a. Buffet King, 2340 Spruce Hills Drive. • Resolution no. 330-99 attached hereto as Annex #26 approving renewal of Class C liquor license and Sunday sales privilege for Chef’s Hat Restaurant, 940 Lincoln Road. • Resolution no. 331-99 attached hereto as Annex #27 approving renewal of Class C liquor license and Sunday sales privilege for Lady Luck Bettendorf, L.C., d.b.a. Terranova’s, 1800 Lady Luck Parkway 2N. • Resolution no. 332-99 attached hereto as Annex #28 approving new outdoor sales privilege and approval of an outdoor event date for Jumer’s Castle Lodge, 900 Spruce Hills Drive. • Resolution no. 333-99 attached hereto as Annex #28 approving outdoor event date for Goal Post, LTD, d.b.a. Goal Post, 3819 State Street. • Consideration of the minutes from the regular council meeting held on August 17, 1999. (Approved, adopted, and attached hereto as Annex #29. • Bills. (Approved, adopted and directed the city clerk 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