MINUTES SPECIAL CITY COUNCIL MEETING December 29, 1999 The city council of the city of Bettendorf, Iowa, met in special session on Wednesday, December 29, 1999, at 5:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive. Council Members present were Douglas, Voelliger, Senneff, Gordy, Sundholm, and McCutcheon. Council Member LaMar was absent. Mayor Ann Hutchinson presided. Regular Agenda Item Item no. 2 on the agenda was a public hearing on the matter of the sale of property described as Lot 2, Riverside Development Park Third Addition, and Lots 2 and 3, Riverside Development Park Fifth Addition, owned by the City of Bettendorf. The city administrator verified that the notice of public hearing had been published and that no correspondence had been received as a result of that notice. Steve Van Dyke, Director of Community Development, gave a brief overview of the sale of property, described as Lot 2, Riverside Development Park Third Addition, and Lots 2 and 3, Riverside Development Park Fifth Addition, owned by the City of Bettendorf. Mayor Hutchinson then opened the public hearing on the sale of property described as Lot 2, Riverside Development Park Third Addition, and Lots 2 and 3, Riverside Development Park Fifth Addition, owned by the City of Bettendorf. No one indicated that they wished to address the council in public hearing and the mayor closed the public hearing. Council Member Douglas presented a resolution approving the sale of property described as Lot 2, Riverside Development Park Third Addition, and Lots 2 and 3, Riverside Development Park Fifth Addition, owned by the City of Bettendorf. Mr. Douglas moved to approve the resolution, seconded by Voelliger. Roll call on motion to approve the resolution: ayes: Douglas, Voelliger, Senneff, Gordy, Sundholm, McCutcheon; absent: LaMar. Motion carried and Resolution No. 433-99 is attached hereto as Annex #1. Mayor Hutchinson entertained a motion to adjourn. Council Member Gordy moved to approve the motion, seconded by Voelliger. ________________________________ Mayor Ann Hutchinson ATTEST: ____________________________ Decker P. Ploehn, City Clerk MINUTES CITY COUNCIL MEETING December 21, 1999 The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, December 21, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive. Council Members present were LaMar, Douglas, Voelliger, Senneff, Gordy, Sundholm, and McCutcheon. Mayor Ann Hutchinson presided. City Member Senneff gave the invocation. Mayor Hutchinson presented awards to the retiring council members: Pat Sundholm, Mike Senneff, and Tom McCutcheon, in appreciation of their service to the community. Lisa Brown received an award for her service to the community as Chair of the Park Board Commission. Mrs. Brown will serve as an Alderman at Large for the city council, effective January 1, 2000. Council Member Sundholm thanked the people of the fifth ward, Decker Ploehn, department heads, and city staff for their support. Mrs. Sundholm thanked and presented replica insignia time shields to the Bettendorf Police and Fire Departments for their service to the citizens of the community. Public Forum Mayor Hutchinson opened public forum. No one was present who wished to address the council and the public forum was closed. Regular Agenda Item Item no. 6 on the agenda was a public hearing on the matter of a request to rezone property generally located at 18th Street, north of Cumberland Square from C-2 to C-3, submitted by Harvey Construction. The council secretary verified that the notice of public hearing had been published and that no correspondence had been received as a result of that notice. Mayor Hutchinson then opened the public hearing on the request to rezone property generally located at 18th Street, north of Cumberland Square from C-2 to C-3, submitted by Harvey Construction. No one indicated that they wished to address the council in public hearing and the mayor closed the public hearing. Council Member Sundholm then presented the first reading of an ordinance to rezone as stated above. Mrs. Sundholm moved to waive the rules of the ordinance, seconded by Mr. Voelliger. Roll call on the motion to waive the rules: all ayes. Motion carried. Roll call on motion to approve the ordinance: all ayes. Mrs. Sundholm moved to approve the ordinance, seconded by Mr. Voelliger. Motion carried and Ordinance No. 38-99 is attached hereto as Annex #1. Item no. 8 on the agenda was a public hearing on the matter of a request to rezone property generally located Crow Creek Road and Utica Ridge Road from A-1 to C-6, submitted by Mel Foster Company Properties, Inc. of Iowa. The council secretary verified that the notice of public hearing had been published and that no correspondence had been received as a result of that notice. Mayor Hutchinson then opened the public hearing on the request to rezone property generally located at Crow Creek Road and Utica Ridge Road from A-1 to C-6, submitted by Mel Foster Company Properties, Inc. of Iowa. No one indicated that they wished to address the council in public hearing and the mayor closed the public hearing. Council Member Voelliger then presented the first reading of an ordinance to rezone as stated above. Mr. Voelliger moved to waive the rules of the ordinance, seconded by Mr. Douglas. Roll call on the motion to waive the rules: all ayes. Motion carried. Roll call on motion to approve the ordinance: all ayes. Mr. Voelliger moved to approve the ordinance, seconded by Mr. Douglas. Motion carried and Ordinance No. 39-99 is attached hereto as Annex #2. Council Member Gordy then presented the second reading of an ordinance to amend Chapter 17 of the Municipal Code by adding a "No Parking" zone on the westside of Stafford Boulevard. Mrs. Gordy moved to waive the rules of the ordinance, seconded by Mr. Voelliger. Roll call on the motion to waive the rules: all ayes. Motion carried. Roll call on the motion to approve the ordinance: all ayes. Mrs. Gordy moved to approve the ordinance, seconded by Mr. Voelliger. Motion carried and Ordinance No. 40-99 is attached hereto as Annex #3. Council Member LaMar then presented the second reading of an ordinance to amend chapter 17 of the Municipal Code by amending restrictions on sound amplification systems to eliminate an exception for advertising vehicles. Ms. LaMar moved to waive the rules of the ordinance, seconded by Mr. Voelliger. Roll call on the motion to waive the rules: all ayes. Motion carried. Roll call on the motion to approve the ordinance: all ayes. Ms. LaMar moved to approve the ordinance, seconded by Mr. Voelliger. Motion carried and Ordinance No. 41-99 is attached hereto as Annex #4. Council Member Douglas then presented the third reading of an ordinance amending Chapter 17 of the Municipal Code by amending load limits on certain bridges. Mr. Douglas moved to approve the ordinance, seconded by Mr. Voelliger. Roll call on the motion to approve the ordinance: all ayes. Motion carried and Ordinance No. 42-99 is attached hereto as Annex #5. Council Member Senneff then presented a resolution setting a fair market value for properties needed for the extension of 53rd Street and Tanglefoot Lane. Discussion Mrs. Sundholm asked that the proposed resolution be split so she may abstain on the Tanglefoot Lane issue. End of Discussion Mr. Douglas moved to approve the resolution, as amended; resolution to contain only, "That the fair market value of the taking of the Sundholm living trust property needed for the extension of Tanglefoot Lane is $416,130 and staff is directed to offer no less than that amount in its negotiations with the property owners.", seconded by Mr. McCutcheon. Roll call on motion to approve the resolution, as amended: ayes: LaMar, Douglas, Voelliger, Senneff, Gordy, McCutcheon; abstain: Sundholm. Motion carried and Resolution No. 418-99 is attached hereto as Annex #6. Mr. Senneff moved to approve the resolution, as amended; resolution to contain only, "That the fair market value of the taking for the Karva property needed for the extension of 53rd Street is $83,560 and staff is directed to offer no less than that amount in its negotiations.", seconded by Mr. Voelliger. Roll call on motion to approve the resolution, as amended: all ayes. Motion carried and Resolution No. 419-99 is attached hereto as Annex #7. Council Member McCutcheon then presented a resolution approving an amendment to the Facade Landscape Improvement Program. Mr. McCutheon moved to approve the resolution, seconded by Mr. Senneff. Roll call on motion to approve the resolution: ayes: LaMar, Douglas, Senneff, Gordy, Sundholm, McCutcheon; nayes: Voelliger. Motion carried and Resolution No. 420-99 is attached hereto as Annex #8. Consent Agenda Mayor Hutchinson entertained a motion for approval of the consent agenda. Council Member Voelliger moved to approve the motion, seconded by Mrs. Gordy. The following items were enacted by one motion as a result of the adoption of the consent agenda. • Resolution No. 421-99 attached hereto as Annex #9 allocating funds under the Façade Landscape Improvement Program. • Resolution No. 422-99 attached hereto as Annex #10 approving the site development plan for property generally located at 18th Street, north of Cumberland Square. • Resolution No. 423-99 attached hereto as Annex #11 setting a date for public hearing on the sale of property legally described as Lot 2 Riverside Development Park Third Addition and Lots 2 and 3, Riverside Development Park Fifth Addition. • Resolution No. 424-99 attached hereto as Annex #12 Preliminary resolution for 62nd Street Court paving extension to Shoreline Drive. • Resolution No. 425-99 attached hereto as Annex #13 Preliminary resolution approving Shoreline Drive paving from 62nd Street Court to Marigil Lane. • Resolution No. 426-99 attached hereto as Annex #14 setting a date for public hearing on the 23rd Street sewer separation. • Resolution No. 427-99 attached hereto as Annex #15 to adopt the final assessment plat and schedule sanitary sewer improvements at the Sterling Woods Addition. • Letter from city engineer recommending acceptance of the 1999 street repair project received and filed. • Resolution No. 428-99 attached hereto as Annex #16 accepting the street improvements for the 1999 street repair project. • Letter from the city engineer recommending the acceptance of the 1999 street resurfacing and the municipal maintenance center parking lot expansion projects received and filed. • Resolution No. 429-99 attached hereto as Annex #17 accepting the street improvements for the 1999 street resurfacing and the municipal maintenance center parking lot expansion projects. • Resolution No. 430-99 attached hereto as Annex #18 authorizing the director of public works to execute an engineering agreement for the design and bid opening for Mississippi Boulevard paving from 10th Street to Hall Street and west of 8th Street. Consideration of the minutes from the regular council meeting held on December 7, 1999, be placed on file for future reference. City Clerk directed to write checks for the respective amounts; bills. Mayor Hutchinson asked if there was any reason to go into executive session. City Attorney Greg Jager explained that the Council wished to review the performance of the City Attorney and City Administrator. Speaking for himself, the City Attorney asked that the evaluation be held in executive session. City Administrator Decker Ploehn likewise asked that the evaluation be held in executive session. Executive session would be permissible under Iowa Code section 21.5 (1) (I). Roll call on motion to enter executive session: all ayes. Mr. Voelliger moved to enter executive session, seconded by Ms. LaMar. Motion carried. Roll call on motion to leave executive session: all ayes. Mr. Voelliger moved to leave executive session, seconded by Ms. LaMar. Motion carried. Mayor Hutchinson entertained a motion that the salary for the city administrator be set at $100,000, retroactive to July 1, 1999. Council Member Douglas moved to approve the motion, seconded by Mr. Senneff. Roll call on motion to approve the resolution: all ayes. Motion carried and Resolution No. 431-99 is attached hereto as Annex #19. Mayor Hutchinson entertained a motion that the salary for the city attorney be set at $92,000, retroactive to July 1, 1999. Council Member Douglas moved to approve the motion, seconded by Ms. LaMar. Roll call on motion to approve the resolution: all ayes. Motion carried and Resolution No. 432-99 is attached hereto as Annex #20. Mayor Hutchinson entertained a motion to adjourn. Council Member Voelliger moved to approve the motion, seconded by Mr. Senneff. ________________________________ Mayor Ann Hutchinson ATTEST: ____________________________ Decker P. Ploehn, City Clerk MINUTES CITY COUNCIL MEETING December 7, 1999 The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, December 7, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive. Council Members present were LaMar, Gordy, Voelliger, and Douglas. Council Members McCutcheon, Sundholm and Senneff were absent. Mayor Ann Hutchinson presided. City attorney Jager gave the invocation. The executive director of the Scott Area Solid Waste Management Commission, Kathy Morris, presented an award to the council because of Scott County and Bettendorf’s excellent recycling program, and because of the effort put into it by the council, the mayor, and city employees who researched and established the program in the city and county and who continue through diligent service to make it the effective program it is. Public Forum Mayor Hutchinson opened public forum. No one was present who wished to address the council and the public forum was closed. Regular Agenda Item Item no. 5 on the agenda was a public hearing on the matter of a proposed change to route 5 of the transit route. The council secretary verified that the notice of public hearing had been published and that no correspondence had been received as a result of that notice. Matt Simaytis, transit manager, outlined the proposed change to the route. The route up Middle Road will proceed to Spruce Hills Drive in order to service Cumberland Square and turn north on 18th Street after Cumberland Square. The other change will be that on Maple Crest, which currently goes straight out to Devils Glen will instead head down 29th, across Tanglefoot, up through Parkwild and on to Devils Glen. Mayor Hutchinson then opened the public hearing on the proposed changes to the transit route. No one indicated that they wished to address the council in public hearing and the mayor closed the public hearing. Council Member Voelliger then presented a resolution to change the transit route as stated above. Mr. Voelliger moved to approve the resolution and his motion was seconded by Council Member Douglas. Roll call on the motion to approve: all ayes. Motion carried and Resolution No. 405-99 is attached hereto as Annex #1. Council Member Gordy then presented the first reading of an ordinance that would amend Chapter 17 of the Municipal Code by adding a "No Parking" zone on the west side Stafford Boulevard. Ms. Gordy moved to approve the first reading of the ordinance and her motion was seconded by Council Member LaMar. Roll call on the motion to approve the first reading: all ayes. First reading approved. Council Member LaMar then presented the first reading of an ordinance to amend Chapter 17 of the Municipal Code which would amend the restrictions on sound amplification systems. Ms. LaMar moved to approve the first reading of the ordinance and her motion was seconded by Council Member Voelliger. Discussion City Attorney Greg Jager explained that Bettendorf’s ordinance is modeled after an ordinance in Rock Island. The Illinois Supreme Court has determined that the ordinance is unconstitutional because an exception for commercial vehicles broadcasting commercial messages was included. Essentially, the ordinance violated equal protection under the law. Our amendment to the ordinance is to comply with the Illinois Supreme Court’s decision – we would delete the exception for commercial vehicles so that all vehicles are subject to the "loud car" ordinance. The ordinance would otherwise stay the same – whether a vehicle can be heard at a distance of 75 feet. End of Discussion Roll call on the motion to approve the first reading: all ayes. First reading approved. Next, Council Member Douglas presented the second reading of an ordinance to amend Chapter 17 of the Municipal Code amending the load limits on certain bridges – specifically Devils Glen Road over Crow Creek. Council Member Douglas moved to approve the second reading of the ordinance and his motion was seconded by Council Member LaMar. Roll call on the motion to approve the second reading of the ordinance: all ayes. Second reading of the ordinance to amend load limits on the bridge on Devils Glen Road over Crow Creek approved. Consent Agenda The mayor pro tem then entertained a motion for approval of the consent agenda and Council Member LaMar so moved. Her motion was seconded by Council Member Gordy. Discussion Council Member Voelliger expressed concern over items E and F on the consent agenda which were (E) the resolution allocating funds for the Façade Landscape Improvement Program and (F) a resolution approving an amendment to the same program, respectively. Mr. Voelliger was concerned that city tax monies are expended to improve these properties without an assurance that increased tax revenue would result. It was suggested that the matter could be easily researched by calling the tax assessor’s office and Mr. Voelliger moved to table items E and F until a clarification is obtained. His motion to table was seconded by Council Member Gordy. Roll call on the motion to table: all ayes. Items E and F of the consent agenda tabled. Roll call on the motion to approve the balance of the consent agenda: all ayes. Motion carried. The following items were enacted by one motion as a result of the adoption of the consent agenda minus items E and F. Resolution no. 406-99 attached hereto as Annex #2 authorizing the director of public works to execute an engineering agreement for the design and project administration for 25th Street paving from Central Avenue to Oak Street. Resolution no. 407-99 attached hereto as Annex #3 ordering the installation of a street light at 245th Avenue. Resolution no. 408-99 attached hereto as Annex #4 re-approving the final plat of Century Heights 9th Addition, submitted by Century Heights Ltd. Partnership. Resolution no. 409-99 attached hereto as Annex #5 accepting street improvements for the 1999 pavement joint sealing project. Resolution no. 410-99 attached hereto as Annex #6 setting a public hearing date for rezoning of property generally located at 18th Street, north of Cumberland Square Shopping Center from C-2 to C-3 submitted by Harvey Construction Co. Resolution no. 411-99 attached hereto as Annex #7 setting a public hearing date for rezoning of property generally located at Crow Creek Road and Utica Ridge Road, from A-1 to C-6, submitted by Mel Foster Company Properties, Inc. of Iowa. Resolution no. 412-99 attached hereto as Annex #8 approving the site development plan for property generally located at 3225 Zimmerman Drive – LeClaire Manufacturing – submitted by Russell Construction Co., Inc. Resolution no. 413-99 attached hereto as Annex #9 ordering the extension of the water main and the installation of fire hydrants – Valley Drive. Resolution no. 414-99 attached hereto as Annex #10 approving the site development plan for property generally located at 2732 – 62nd Street Court – GRAFCO – submitted by Russell Construction Co., Inc. Resolution no. 415-99 attached hereto as Annex #11 approving the site development plan for property generally located at Lot 1 Palmer Hills Professional Park, Life & Family Coalition Educational Center, submitted by Industrial Tech. Resolution no. 416-99 attached hereto as Annex #12 approving the mayor’s appointment of Melinda Coogan to the Family Museum of Arts and Science Board of Trustees. Resolution no. 417-99 approving renewal of a Class "B" beer permit and Sunday sales privilege for McGowan Enterprises, Inc. d.b.a. Rudy’s Tacos, 3111 Devils Glen Road. Mayor Hutchinson stated she would entertain a motion to adjourn and Council Member so moved. Council Member Voelliger seconded the motion and Mayor Hutchinson adjourned the meeting. ________________________________ Mayor Ann Hutchinson ATTEST: ____________________________ Decker P. Ploehn, City Clerk