CITY COUNCIL MEETING
July 20, 1999
The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, July 20, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council Members present were Gordy, Sundholm, McCutcheon, LaMar, Voelliger, and Douglas. Council Member Senneff was absent.
Mayor Ann Hutchinson presided.
Council Member Douglas gave the invocation.
Next on the agenda was the presentation of awards to city employees for fulfillment of standards of excellence. The following employees received awards:
John Munford (Public Works) Customer Relations
Don Monical (Parks) Customer Relations
Mary Kurtz (Life Fitness) Customer Relations
Angie Moore (Life Fitness) Meritorious Performance
Bill Feldhahn (Public Works) Heroic Action
Tami Chambley (Library) Innovation
Phyllis King (Parks) Cost Saving
Maria Wegscheid (Library) Leadership
Mike Piazza (Police) Community Service
John Outzen (Police) Safety
Mayor Hutchinson narrated the reasons for the awards being granted as they were distributed. Council Members Gordy and Douglas, who were on the awards committee, presented award recipients with plaques. Each recipient also received a day off with pay.
Mayor Hutchinson thanked the award recipients and all city employees for their service to the citizens of Bettendorf. The mayor also commended the awards committee for the time spent in going through all the nominations and to make the decisions as to who should receive the awards.
Next on the agenda was public forum. The mayor opened public forum. No one indicated they wished to address the council on matters not already set for public hearing and Mayor Hutchinson closed public forum.
Fifth on the agenda was a public hearing on the matter of the proposed closure of Band Shell Road. The park board has requested that the city vacate a part of the road as a public street. The road would be retained as a public street along the entire frontage of the corner lot at 23rd Street and Band Shell Road, but the road east of 23rd would be vacated as a thoroughfare for motor vehicles. The city would continue to maintain the road as a recreation path and as an entrance to the park.
The council secretary, at the mayor’s request, verified that the notice of public hearing had been published and presented the affidavit of publication along with correspondence that had been received pertaining to the matter.
City Administrator, Decker Ploehn, stated that the city had received five letters which could be characterized as being favorable to the closure of Band Shell Road. There were several suggestions made as to the entrance/exit to 25th Street. It had been suggested that the council and park board consider closing the 25th street entrance.
Since the council received copies of the letters, Mr. Ploehn recommended that the letters be received and filed and be entered into these minutes. He stated that his understanding was that neighbors were favorable to the closing of the road, but another issue - the closing of 25th Street had been raised. During staff discussions, the park board and the police department favored leaving 25th Street open. Mayor Hutchinson asked if there were any letters opposed to the closing. There were none.
Mayor Hutchinson directed that the letters received regarding the closing of Band Shell Road be entered into the minutes; said letters are attached hereto as Annex #1 to these minutes.
The mayor opened the public hearing.
Mr. Ron Duclos of 1590 Carpenter Court rose to address the council. He stated that the back of his property is on Band Shell Road. He and his wife are in favor of the closing. The only issue he had is why 25th Street is being left open. He thinks the traffic on 25th Street and Lincoln Road will be increased. He asked why the city is not considering the closure of 25th Street. The city administrator replied that staff is thinking that there is already an entrance on 25th and that entrance should be used and, hopefully the traffic will be minimal as most cars will use 23rd south of Duck Creek to go into that parking area.
Traffic patterns suggest that most people are going north on 23rd. Also, experience has shown that if there are barriers to close the road to the parks, there are complaints because people park their cars early in the morning in the neighborhoods to start walking, jogging, or bicycling and there is noise and disruption as a result. Mr. Ploehn stated that staff thought that there would be less disruption if there was an entrance to the park. Also, if there are two entrances/exits, there will be better traffic management when people are getting to and leaving soccer games.
Mr. Duclos stated that he believed that closing 25th Street would get rid of the traffic there and reduce the speeding that exists when drivers exit the park. He stated that some neighbors, the McGoverns, were also concerned because of heavy traffic and noise.
Mayor Hutchinson thanked Mr. Duclos for his remarks and stated that action as to 25th Street was not on the agenda but the police and parks departments will be monitoring the situation and they would be making recommendations for future consideration.
No one else was present who wished to address the council on the matter of the closure of Band Shell Road and the mayor closed the public hearing.
Council Member LaMar asked for clarification as to how the road closure would be handled. It was verified by the director of public works, Wally Mook and Decker Ploehn that the road would be barricaded, sealcoated to provide access for maintenance of sewer lines and narrowed for pedestrian and bicycle use.
Council Member LaMar presented a resolution authorizing the vacation of Band Shell Road and moved that the resolution be approved and adopted. Her motion was seconded by Council Member Voelliger.
Mr. Duclos asked if there was a time table and Decker Ploehn replied that it would be done as soon as barricades could be erected. Council Member Voelliger suggested that in response to the people asking for closure of 25th Street, that staff look at the possibility of barricading the roadway in the middle of the park so that there would be access to Band Shell from 25th and access to other facilities from 23rd Street - so that it would not be possible to ‘cut through’ the park. Parking for Band Shell would be off 25th Street and other parking would be toward Band Shell Road. Mayor Hutchinson referred that suggestion to the police department so that they could monitor the situation and look at it as an alternative.
Roll call on the motion to authorize the vacation of Band Shell Road: All ayes. Motion carried. Resolution no. 276-99 attached hereto as Annex #2.
Items 7 and 8 on the agenda were regarding a rezoning ordinance requested by Quad Cities Industrial Maintenance. The items were left on the agenda in error. The developer had requested they be pulled. Therefore, Mayor Hutchinson stated she would entertain a motion to table items 7 and 8. Council Member Douglas moved to table the items and his motion was seconded by Council Member Voelliger.
Roll call on the motion: All ayes. Items 7 and 8 were tabled.
Item number 9 on the agenda was a public hearing regarding a proposed amendment to the zoning ordinance amending Section 18.77.8.017, 018 & 019 of the subdivision ordinance Off-Premise Advertising (Billboards).
The city of Bettendorf is requesting a zoning amendment to increase the minimum distance separating off-premises advertising (billboards) to one-thousand five hundred feet (1,500) in all districts allowing off-premises advertising. the city has imposed a 90-day moratorium on new permits for these types of signs. the moratorium is to expire August 2, 1999. Staff has notified area sign companies about the moratorium and the pending amendment.
The council secretary presented an affidavit of publication that the hearing was properly noticed and reported that no correspondence had been received pertaining to the matter.
Senior city planner, Mark Brockway, addressed the council regarding this ordinance amendment. He stated that the focus of the amendment refers to spacing of billboards only. He stated that at this time, Bettendorf has 26 billboards within the city limits. The current ordinance would allow us to add 92 billboards.
The proposed ordinance would be more restrictive and would allow only 27 new billboards due to spacing. He stated that along the interstates, the state of Iowa regulates billboards. State law preempts any of our regulation and no more billboards can be erected on the interstates. He said most new billboards would be erected on State Street and Middle Road.
He also noted a grammatical error in the ordinance which reads “off-premise”. It should read “off-premises”.
Of immediate concern is the proliferation and spacing of billboards. The planning commission has asked that staff look at set-back requirements in specific districts, height requirements, lighting requirements - essentially an in-depth review of all billboard regulations. He suggested that when those changes are made we also correct the grammatical error.
Mayor Hutchinson asked if an extension of the moratorium on billboards would be proposed. Mr. Brockway stated that staff would not ask for an extension. Staff proposes that the proposed amendment as stated be made to the ordinance, then change all issues in approximately 6 months.
Mayor Hutchinson opened the public hearing. No one wished to address the council on the matter of billboards and the public hearing was closed.
Council Member Douglas presented the first reading of an ordinance authorizing an amendment to the zoning ordinance amending Section 18.77.8.017, 018 & 019 of the subdivision ordinance Off-Premise Advertising (Billboards). Mr. Douglas made a motion to waive the second and third readings of the ordinance. Council Member Voelliger seconded the motion to waive.
Discussion:
Council Member Voelliger asked Mr. Brockway regarding Middle Road and whether more signs would be allowed to be erected there. Mr. Brockway stated that because the zoning district along Middle Road is A-1, billboards are allowed. Because of little traffic in the area, there are few billboards at this time. But as development extends east on Middle Road, traffic will increase and the city needs to look at the appropriateness of billboards in the A-1 district and along Middle Road.
Council Member Sundholm asked Mr. Brockway if the zone is changed to residential after a billboard is erected under the current ordinance, how would the billboard be affected? Mr. Brockway replied that the billboard would then be a legal, nonconforming structure because it was constructed prior to an ordinance change. A billboard would have to suffer more than 50% damage to be taken down; or the natural life of the sign would apply. With new black billboard structures have an extremely long life span.
Council Member Lamar asked if it was the city’s requirement that a sign cannot go up more than 300 feet from a structure. Mr. Brockway stated that the 300 feet applies to between signs - not a structure.
Roll call on the motion to waive the rules: All ayes.
Roll call on motion by Council Member Douglas, seconded by Council Member Voelliger to approve the ordinance: all ayes. Ordinance passed. Ordinance no. 22-99 attached hereto as Annex no. 3.
Item 11 on the agenda was a public hearing regarding the expenditure of $36,116 awarded to the Bettendorf Police Department through the U.S. Department of Justice. Public hearing is required by the U.S. Department of Justice for the purpose of explaining the use of the funds which would be used to purchase a radio console for the police department.
Council secretary produced the affidavit of publication showing the notice of hearing was published and stated that no correspondence had been received regarding the matter.
Mayor Hutchinson opened the public hearing. No one wished to address the council in public hearing and the mayor closed the public hearing.
Council Member McCutcheon presented a resolution authorizing the expenditure of $36,116 for the purchase of a radio console for the police department and moved that the resolution be approved and adopted. His motion was seconded by Council Member Gordy.
Roll call on the motion: All ayes. Resolution no 277-99 approved and adopted and attached hereto as Annex no. 4.
Item 13 on the agenda was a public hearing regarding the expenditure of $40,848 awarded to the Bettendorf Police Department through the U.S. Department of Justice. Public hearing is required by the U.S. Department of Justice for the purpose of explaining the use of the funds which would be used to purchase a radio console for the police department.
Council secretary produced the affidavit of publication showing the notice of hearing was published and stated that no correspondence had been received regarding the matter.
Mayor Hutchinson opened the public hearing. No one wished to address the council in public hearing and the mayor closed the public hearing.
Council Member Sundholm presented a resolution authorizing the expenditure of $40,848 for the purchase of a radio console for the police department and moved that the resolution be approved and adopted. Her motion was seconded by Council Member Voelliger.
Discussion:
Council Member Sundholm asked if both grants were for the same console or for two different ones. Police Chief Redington explained that there were two separate grants that are being combined to help purchase one console.
Roll call on the motion: All ayes. Resolution no 278-99 approved and adopted and attached hereto as Annex no. 5.
Item 15 on the agenda was the third and final reading of an ordinance presented by Council Member Gordy entitled Zoning Ordinance of the City of Bettendorf and all amendments thereto by amending the Bettendorf, Iowa, zone map of said ordinance for property located at Belmont Road, Southwest of Pleasant Valley High School, submitted by McC Partnership from A-1 to R-3. Ms. Gordy moved to approve the third and final reading. Her motion was seconded by Council Member Sundholm.
Roll call on the motion: All ayes. Ordinance no. 21-99 is attached hereto as Annex # 6.
Item 16 on the agenda was the third and final reading of an ordinance presented by Council Member Gordy entitled Council Member Gordy to present the third reading of an ordinance amending Chapter 17 of the municipal code entitled, Motor Vehicles and Traffic Amending No Parking Zones on Grant Street at 16th Street.
Roll call on the motion: All ayes. Ordinance no. 20-99 is attached hereto as Annex # 7.
Next on the agenda was a proclamation recognizing the 9th anniversary of the Americans with Disabilities Act on July 26th and proclaiming the week of July 25 ñ 31st as Americans with Disabilities Act Week in the City of Bettendorf.
Next, Mayor Hutchinson entertained a motion for approval of the consent agenda; such motion made by Council Member Voelliger and seconded by Council Member LaMar.
Discussion:
Council Member McCutcheon commented regarding accepting street improvements as stated in Item P. One resident had concerns and he asked if it was necessary to address those concerns before approving consent agenda as is. The concerns were steps not being adequately installed and a curb has been placed in an alley and it is necessary to drive over the curb to get to a garage. Mr. McCutcheon asked if these problems would be taken care of if acceptance of repairs to 30th Street.
Director of Public Works Wally Mook replied that the resolution approving improvements applies only to work done last year from Bellevue Avenue to Cody Street and the work being done now is from Cody to Walnut which is the area to which Council Member McCutcheon was referring. He assured the council that he was aware of the problems Mr. McCutcheon mentioned and they would be handled as the work was completed.
Roll call on the motion to approve the consent agenda in one motion: All ayes.
The following items were enacted by one motion as a result of the adoption of the consent agenda.
• Resolution no. 265-99 attached hereto as Annex #8 deleting a sidewalk on the east side of Outlot D of the Ridges Addition and adjacent to Ridges Court.
• Resolution no.266-99 attached hereto as Annex #9 approving the final plat for Grove Park at Crow Valley submitted by McCarthy Bush Development. .
• Resolution no. 267-99 attached hereto as Annex #10 approving the final plat for Quail Ridge Point Subdivision submitted by Ruhl & Ruhl Commercial Company.
• Resolution no. 268-99 attached hereto as Annex #11 awarding a bid for a 15,000 GVW aerial truck. .
• Resolution no. 269-99 attached hereto as Annex #12 authorizing the installation of street lights, Deer Ridge 6th Addition.
• Resolution no. 270-99 attached hereto as Annex #13 authorizing the installation of street lights, Settlement at Pigeon Creek 6th Addition. .
• Resolution no. 271-99 attached hereto as Annex #14 authorizing the installation of street lights Century Heights 6th Addition.
• Resolution no. 272-99 attached hereto as Annex #15 authorizing the installation of a street light between 6655 and 6699 Crow Creek Road.
• Resolution no. 273-99 attached hereto as Annex #16 accepting street improvements - 30th Street paving from Bellevue Avenue to Cody Street.
• Resolution no. 274-99 attached hereto as Annex #17 authorizing the city of Bettendorf to enter into an agreement with the Iowa Department of Transportation for a regional transportation enhancement program project for the Duck Creek recreation trail.
• Resolution no. 275-99 attached hereto as Annex #18 authorizing the city of Bettendorf to enter into a 28E agreement with the City of Davenport for a police shared computerized record system.
• Consideration of the minutes from the regular council meeting held on July 6, 1999. (Approved, adopted, and attached hereto as Annex #19.
• 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 Gordy and Mayor Hutchinson adjourned the council meeting.
________________________________
Ann Hutchinson, Mayor
ATTEST:
____________________________
Decker P. Ploehn, City Clerk
A copy of the audiotape of this session is available at Bettendorf City Hall and/or the Bettendorf Public Library.
Minutes
July 20, 1999
MINUTES
CITY COUNCIL MEETING
July 6, 1999
The city council of the city of Bettendorf, Iowa, met in regular session on Tuesday, July 6, 1999, at 7:00 PM, at the Bettendorf Public Library Information Center, 2950 Learning Campus Drive.
Council Members present were Senneff, McCutcheon, LaMar, Voelliger, and Douglas. Council Members Gordy and Sundholm were absent.
Mayor Ann Hutchinson presided.
Council Member Senneff gave the invocation.
Mayor Hutchinson opened public forum. Debbie, who identified herself as a nearby resident, addressed the council regarding the parking lot rezoning request from Russell Construction located at 618 15th Street. She stated that her understanding was that the matter would be tabled until there was a chance to meet with officials from Russell Construction so she was content to give a list of concerns to Chief of Police Redington.
Mr. Julius Chebuhar of 1531 29th Street addressed the meeting regarding noises on his property. On the 4th of July, around 10 p.m., he heard another loud noise and looked to see a firecracker land in his yard from the house next door. He called the police department. The dispatcher told him someone would respond. Mr. Chebuhar said he was still waiting for a policeman. Mayor Hutchinson asked Chief Redington to speak with Mr. Chebuhar about the matter.
No one else wished to address the council and Mayor Hutchinson closed public forum.
Item 4 on the agenda was a public hearing on proposed vacation of right-of-way for property commonly known as Grove Park at Crow Valley. The council secretary produced the affidavit of publication of the notice of hearing and stated that no correspondence had been received as a result of the publication.
Steve Van Dyke, director of community development, addressed the council by illustrating where the area to be vacated is located and stated that the ground must be vacated before the final plat is presented to the city council by McB Development.
Mayor Hutchinson opened the hearing regarding the vacation of right-of-way. There was no one who wished to address the council on the matter and the public hearing was closed.
Council Member Douglas presented a resolution to authorize the vacation of right of way for property commonly known as Grove Park at Crow Valley, located at the south end of Golf Course Road and moved that the council approve and adopt the resolution. His motion was seconded by Council Member Voelliger.
Roll call on the motion: all ayes. Motion carried and resolution no. 245-99 is attached hereto as annex no. 1.
Next on the agenda was a public hearing regarding the notice for bids for 29th Street paving from Central Avenue to Bellevue Avenue and from Oak Street to Cody Street. The council secretary presented the affidavit of publication of notice of hearing and stated that no correspondence had been received as a result of the notice of hearing.
Mayor Hutchinson opened the public hearing. No one addressed the council on the matter and Mayor Hutchinson closed the public hearing.
Council Member McCutcheon presented the resolution to approve the plans, specifications and form of contract for 29th Street paving as stated above and moved to approve and adopt the resolution. His motion was seconded by Council Member Voelliger.
Roll call on the motion: all ayes. Motion carried and resolution no. 246-99 is attached hereto as annex no. 2.
Next on the agenda was the second reading of an ordinance to rezone property generally located at Belmont Road southwest of Pleasant Valley High from A-1 to R-3. Council Member Voelliger presented the second reading and moved for its approval. His motion was seconded by Council Member Senneff.
Roll call on the motion: all ayes. The second reading of the ordinance was approved.
Item no. 9 on the agenda was the second reading of an ordinance to rezone 618 15th Street from R-3 to R-5. Council Member Voelliger moved to table the second reading and his motion was seconded by Council Member Douglas.
Roll call on the motion: all ayes. Motion carried and approval of the ordinance was tabled.
Item no. 10 on the agenda was the second reading of an ordinance to amend the No Parking ordinance for Grant Street at 16th Street. Alderman Senneff presented the second reading and made a motion for its approval. His motion was seconded by Council Member Douglas and the second reading was approved.
Roll call on the motion: all ayes. Second reading of the ordinance approved.
Next, Mayor Hutchinson proclaimed Bettendorf as a Relay For Life Community on August 13 and 14 as requested by the American Cancer Society.
Next, Mayor Hutchinson entertained a motion for approval of the consent agenda; such motion made by Council Member McCutcheon and seconded by Council Member Voelliger.
Roll call on the motion: all ayes. The following items were enacted by one motion as a result of the adoption of the consent agenda.
• Resolution no. 247-99 approving the site development plan for property generally located at 3808-3897 Creek Hill Drive, Lot 1 Creek Hill Subdivision; submitted by Design Builders, Inc. attached hereto as annex no. 3.
• Resolution no. 248-99 approving the landscape plan for property generally located at Lincoln and Kimberly Road submitted by Kaizen Company of America, L.C. attached hereto as annex no. 4.
• Resolution 249-99 approving the site development plan for property generally located at the Southwest Corner of Forest Grove Drive and Devils Glen Road; submitted by Barnstormer Baseball Club attached hereto as annex no. 5.
• Resolution 250-99 allocating funds for the Facade Loan Improvement Program attached hereto as annex no. 6.
• Resolution 251-99 setting a public hearing date on the rezoning of property generally located on the West side of Devils Glen Road, North of Duck Creek, PUD to R-5; submitted by Quad Cities Industrial Maintenance and Construction, Inc. attached hereto as annex no. 7.
• Resolution 252-99 approving the final plat for Highland Green 2nd Addition; submitted by McB Development attached hereto as annex no. 8.
• Resolution 253-99 setting a public hearing for the Zoning Ordinance Amendment Amending Section 18.77.8. 017, 018 & 019 of the Subdivision Ordinance Off-Premise Advertising (Billboards) attached hereto as annex no. 9.
• Resolution 254-99 approving an agreement between the city of Bettendorf and CASI (Center for Aging Services, Inc.) for the transportation of elderly persons within the City of Bettendorf attached hereto as annex no. 10.
• Resolution 255-99 accepting street improvements for the 1997 manhole chimney seal project attached hereto as annex no. 11.
• Resolution 256-99 accepting a voluntary assessment agreement with Asbury United Methodist Church for construction of Mississippi Boulevard attached hereto as annex no. 12
• Resolution 257-99 approving new Outdoor Sales Privilege and Outdoor Event Date for ANJ, Ltd. d.b.a. The Tiddley Tap, 340 - 16th Street attached hereto as annex no. 13.
• Resolution 258-99 approving new Class B Beer Permit, Sunday Sales Privilege, and Outdoor Sales Privilege for Lady Luck Bettendorf, L.C. d.b.a. Lady Luck Casino Bettendorf, 2117 State Street attached hereto as annex no. 14.
• Resolution 259-99 approving renewal of Class C Liquor License, Sunday Sales Privilege, and Outdoor Sales Privilege for Wadsworth Old Chicago, Inc. d.b.a. Old Chicago, 3030 Utica Ridge Road attached hereto as annex no. 15.
• Resolution 260-99 approving renewal of Class B Beer Permit and Sunday Sales Privilege for Los Amigos Restaurant, 2322 Spruce Hills Drive attached hereto as annex no. 16.
• Resolution 261-99 setting a public hearing on the matter of the expenditure of $36,116 for the purchase of a new radio console for the police dispatch center attached hereto as annex no. 17.
• Resolution 262-99 setting a public hearing on the matter of the expenditure of $40,848 for the purchase of a new radio console for the police dispatch center attached hereto as annex no. 18.
• Resolution 263-99 granting temporary use of roadway easement to Bettendorf schools for an emergency exit for the Head Start program at Neil Armstrong Elementary School attached hereto as annex no. 19.
• Resolution 264-99 approving the final plat of Michael R. Osborne First Addition attached hereto as annex no. 20.
• Consideration of the minutes from the regular council meeting held on June 15, 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).
Council Member Senneff moved for adjournment, was seconded by Council Member Voelliger and Mayor Hutchinson adjourned the council meeting.
________________________________
Ann Hutchinson, Mayor
ATTEST:
____________________________
Decker P. Ploehn, City Clerk
