CITY COUNCIL MEETING MINUTES- October 19, 2004

CITY COUNCIL MEETING MINUTES- October 19, 2004

The City Council of Bettendorf, Iowa met in regular session on Tuesday, October 19, 2004 at 7:00 p.m. in the Council Chambers at Bettendorf City Hall, 1609 State Street, Bettendorf, Iowa.

Council Members Present: Voelliger, Stecker, Gordy, Koos, Brown, LaMar, Douglas

Presiding: Mayor Michael Freemire

Mayor Freemire opened the meeting with the Pledge of Allegiance and City Attorney Greg Jager offered the invocation.

Awards

Public Works Director Mook introduced employees Jeff West and Rich Speidel, First Place Winners in the Winter Expo and Training in snowplow operating sponsored by Iowa State University and the Iowa Department of Transportation. Mayor Freemire commended Mr. West and Mr. Speidel for their excellent performance both at the training and in working for the City.

Public Requests of Council

Mayor Freemire opened the Public Requests of Council Session. Those addressing the Council were:

. Kathy Laffoon, Would like more public discussion of the proposed sexual orientation ordinance.

. Dennis Bland, Opposed to sexual orientation ordinance

. Bob Westerlund, Sexual orientation issue should be one of free speech and not hate

. Mike Findley, Opposed to sexual orientation ordinance

. Gerry Wala, Supports sexual orientation ordinance

. Rabbi Henry Karp, Supports sexual orientation ordinance

. Ellen Soerens, Opposed to sexual orientation ordinance

. Chris Clemons, Supports sexual orientation ordinance

. Edwin Brentinol, Opposed to sexual orientation ordinance

. Kathryn Molhern, Supports sexual orientation ordinance

. Sandy Miller, Supports sexual orientation ordinance

. William Woods, Would like sexual orientation issue to stand on its own merit exclusive of history comparison to African Americans

. Kim Gibson, Supports sexual orientation ordinance

. Susan Chesley, Supports sexual orientation ordinance

. Deb Chambers, Supports sexual orientation ordinance

. Lori Freemire, Opposed to sexual orientation ordinance

. Jean Norton, Supports Sexual orientation ordinance

. Bonnie Gibbs, Offered that food played a large role in how people think and act

There being no one else wishing to address the Council, the Public Requests of Council Session was closed.

Ordinance

Council Member Douglas presented the second reading of an ordinance adding "Sexual Orientation" to the Human Rights Code and made a motion to approve the ordinance at second reading. Council Member LaMar seconded the motion.

Mayor Freemire then shared his comments on the proposed ordinance, stating that he is opposed to adding sexual orientation as a protected class to the City Ordinance.

Council Member Douglas then stated that he applauded the courage of everyone coming forth to state their opinions on the issue and recognized that this was not an easy thing to do for anyone. He added that he would be supporting the ordinance in the interest of fairness and respect for basic rights.

Council Member Stecker also applauded the courage of the people, but stated that there are already laws to protect against discrimination and that while he is opposed to discrimination, he is also opposed to granting rights to special groups. He will not be supporting the ordinance.

Roll call vote then indicated: Voelliger (nay), Stecker (nay), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried 5-2.

Ordinance

Council Member Stecker presented the first reading of an ordinance amending Chapter 17 of the Municipal Code, entitled "Motor Vehicles and Traffic": by repealing full stop intersections at Devils Glen Road and 53rd Avenue and made a motion to approve the ordinance at first reading.

Council Member Douglas seconded the motion. Roll call vote indicated: Voelliger (aye),

Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Ordinance

Council Member Brown presented the second reading of an ordinance amending Chapter 17 of the Municipal Code entitled "Motor Vehicles and Traffic" by adding a stop intersection in Schaefer Farms 11th Addition and made a motion to approve the ordinance at second reading. Council Member Koos seconded the motion. Roll call vote indicated: Voelliger (aye),

Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Ordinance

Council Member Voelliger presented the second reading of an ordinance amending Chapter 17 of the Municipal Code entitled "Motor Vehicles and Traffic" by adding a stop intersection in Forest View Villas Addition.

Council Member Voelliger then made a motion to waive the third reading of the ordinance. Council Member Gordy seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (nay).

The motion carried 6-1.

Council Member Voelliger then made a motion to approve the ordinance as presented. Council Member Gordy seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Ordinance

Council Member Koos presented the second reading of an ordinance amending Chapter 17 of the Municipal Code entitled" Motor Vehicles and Traffic by adding a stop intersection in Villas at Walnut Grove Addition and made a motion to approve the ordinance at second reading. Council Member Gordy seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Ordinance

Council Member Stecker presented the second reading of an ordinance amending Chapter 17 of the Municipal Code entitled "Motor Vehicles and Traffic" by adding a stop intersection in Century Heights 14th Addition and made a motion to approve the ordinance at second reading. Council Member Voelliger seconded the motion. Roll call vote indicated: Voelliger (aye),

Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Ordinance

Council Member Gordy presented the second reading of an ordinance amending Chapter 17 of the Municipal Code entitled "Motor Vehicles and Traffic" by adding a stop intersection in Century Heights 15th Addition.

Council Member Gordy then made a motion to waive the third reading of the ordinance. Council Member Stecker seconded the motion. Roll call voted indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (nay). The motion carried 6-1.

Council Member Gordy then made a motion to approve the ordinance as presented. Council Member Voelliger seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Ordinance

Council Member LaMar presented the third reading of an ordinance to conform the Cite Code to the new garbage collection procedures and made a motion to approve the ordinance at third reading. Council Member Voelliger seconded the motion. Roll call vote indicated:

Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye),

Douglas (aye). The motion carried.

Resolution

Council Member Brown made a motion to move to the Regular Agenda, Consent Agenda Item B, a resolution waiving for good cause the need for Comco, Inc. to hire the number of employees called for in the October 1, 1997 agreement purchasing the former City Hall Annex Building. Council Member Voelliger seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

City Attorney Jager then offered clarification regarding the resolution, with additional comment by Community Development Director VanDyke.

After discussion, Council Member Douglas made a motion to amend the resolution to require payment of the additional $5,000 because the requisite number of jobs as called for in the original agreement were not provided. Council Member Gordy seconded the motion. Roll call vote indicated: Voelliger (nay), Stecker (nay), Gordy (aye), Koos (aye), Brown (nay), LaMar (nay) Douglas (aye). The motion was defeated 4-3.

After additional discussion, Council Member Brown made a motion to complete the purchase of the building by Comco, Inc. without penalty stipulation. Council Member Koos seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (nay), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried 6-1.

Consent Agenda

Council Member Voelliger made a motion to approve the Consent Agenda as revised. Council Member Brown seconded the motion. Council Member Brown seconded the motion. Roll call vote indicated: Voelliger (aye), Stecker (aye), Gordy (aye), Koos (aye), Brown (aye), LaMar (aye), Douglas (aye). The motion carried.

Adjournment

There being no further business to come before the Council, Council Member Koos made a motion to adjourn. Council Member Stecker seconded the motion which carried unanimously.

The meeting was adjourned.

CONSENT AGENDA-October 19, 2004

ALL ITEMS APPEARING BELOW ARE CONSIDERED ROUTINE BY THE CITY COUNCIL AND SHALL BE ENACTED BY ONE MOTION. IF DISCUSSION IS DESIRED, THAT ITEM SHALL BE REMOVED AND DISCUSSED SEPARATELY

A. Resolution approving a request for funds from the Bettendorf Fund to reimburse the Bettendorf Development Corporation for final payment to G & H Construction for demolition of buildings in the Downtown Redevelopment Area. (Approve and Adopt)

B. Reserved.

C. Resolution installing fire hydrants in Lincoln Pines Addition; Fox Grove Addition; Fields Development Addition; Highlands Fifth Addition; Silver Oaks Addition; Legends at Hopewell Creek Second Addition. (Approve and Adopt)

D. Resolution accepting street improvements, 28th Street reconstruction from Tenplus Street to Central Avenue. (Approve and Adopt)

E. Resolution accepting street improvements for the 2004 Sealcoating Project. (Approve and Adopt)

F. Resolution fixing date for public hearing and directing the advertising of bids for the 2005 Sealcoating Project. (Approve and Adopt)

G. Minutes of October 5, 2004 City Council Meeting. (Approve and Adopt).

H. Bills. (Approve as Submitted and Direct City Clerk to Issue Checks in Respective Amounts.)

I. Resolution approving liquor license renewal for Harris Pizza # 5, 2520 18th Street. (Approve and Adopt)

J. Resolution approving liquor license renewal for the Main Event, 3819 State Street. (Approve and Adopt)

K. Resolution approving the filling of the 1.00 FTE position of custodian being vacated as of November 30, 2004 at the Museum. (Approve and Adopt)