CITY COUNCIL MEETING

City of Davenport, Iowa

Wednesday, December 11, 2013; 5:30 p.m.

City Hall Council Chambers

I. Moment of Silence

II. Pledge of Allegiance

Ald. Burrage

III. Roll Call

IV. Meeting Protocol and Decorum

V. Approval of Minutes of the November 26, 2013 City Council Meeting

VI. City Administrator Update

VII. Report on Committee of the Whole and Standing Committees

VIII. Appointments, Proclamations, Etc.

A. Appointments

1. Design Review Board

Alex Iaccarino

IX. Presentations

X. Petitions and Communications from Council Members and the Mayor

XI. Individual Approval of Items on the Discussion Agenda

1. First Consideration of Ordinance for Case No. ROW13-04 being the petition of Dev Bastola Real Estate LLC for the right-of-way vacation (abandonment) of a portion of the 1-1/2 Street located west of Myrtle Street between 2nd Street and River Drive containing approximately 7,540 square feet, more or less. The petitioner owns the adjacent property to the north and south [3rd Ward].

Note: Community Development Committee Recommends Suspension Of Rules For Passage At December 11 Council Meeting

2. Suspension of Council Rules to Pass XI.1. on Second & Third Consideration.

3. Second & Third Consideration of Ordinance for Case No. ROW13-04 being the petition of Dev Bastola Real Estate LLC for the right-of-way vacation (abandonment) of a portion of the 1-1/2 Street located west of Myrtle Street between 2nd Street and River Drive containing approximately 7,540 square feet, more or less. The petitioner owns the adjacent property to the north and south [3rd Ward].

4. Resolution approving modifications to the Stadium Lease Agreement between the City of Davenport and Main Street Iowa, LLP to include capital improvements to the ballpark. [All Wards]

5. Resolution approving a Development Agreement for the City Square project (104, 112, 128 W. 2nd and 101 W. 3rd Street, City Square LLC, North Block LLC and Hotel Blackhawk LLC, petitioners). [Ward 3]

XII. Approval of All Items on the Consent Agenda

**NOTE: These are routine items and will be enacted at the City Council Meeting by one roll call vote without separate discussion unless an item is requested to be removed and considered separately.

Reports on Standing Committees

Community Development Committee

1. Third Consideration: Ordinance for Case No. REZ13-08, petition of City of Davenport for the rezoning of 1.1 acres, more or less, of real property located at the northeast corner of Brady and East 5th Streets (501-513 Brady Street) from "M-1" Light Industrial District to "C-4" Central Business District to facilitate future residential or other development. [3rd]

2. Third Consideration: Ordinance for Case No. REZ13-10 being the petition of Northwest Villas Condominium Owners Association, Inc for a rezoning on 5.63 acres of real property known as: 2702 - 2754 Linwood Court, 6321 & 6323 Jebens Avenue, and 2501 - 2623 and 2706, 2710, 2718 & 2720 West 63rd Street and also known as Lots 2 through 6 of Northwest Villas; Lots 1 and 2 of Northwest Villas Second Addition; Lots 1, 2 and 3 of Northwest Villas Third Addition; Lot 1 of Northwest Villas Fourth Addition; and Lot 1 of Northwest Villas Fifth Addition, all to the City of Davenport from R-4 Moderate Density Dwelling District, R-5M Medium Density
Dwelling District, C-O Office-Shop District and C-1 Neighborhood Shopping District to R-5M Planned Unit Development. The rezoning is facilitate the legal conversion of condominium units to zero lot line single family units. (Northwest Villas Condominium Home Owners Association, Inc, petitioner). [2nd & 8th Wards]

3. Third Consideration: Ordinance for Case No. ROW13-02 being the petition of Joyce Stinocher for the right-of-way vacation (abandonment) of a ten (10) foot wide eastwest trending alley located west of Washington Street and north of Rockingham Road containing approximately 1,200 square feet, more or less. The petitioner owns the adjacent property to the north. [3rd Ward]

4. First Consideration: Ordinance to amend the zoning conditions of City of Davenport Ordinance No. 2004-586, which rezoned 0.37 acres, more or less, of real property known as Lot 1 in NorthPark Estates Second Addition to the City of Davenport (141 E. 46th Street). The property is zoned "PDD" Planned Development District. The purpose of the request is to allow a partial two-story dental office building and to modify the required landscape improvements. (Dr. Mathew B. Anderson for MBA Corporation, LLC, Petitioner; Case No. REZ13-12) [7th Ward].

5. Resolution providing preliminary approval for the economic development assistance to Genesis Systems Group LLC for expansion to a second facility at 7310 Vine Street Court [8th Ward].

1. Third Consideration: Ordinance amending Schedule XI of Chapter 10.96 entitled "Resident Parking Only" by adding Washington Street along the frontage of 1512 Washington Street. [Ward 4]

2. Motion approving beer and liquor license applications:

2A. New license, new owner, temporary permit, temporary outdoor area, location transfer, etc. (as noted):

Embers of Phoenix 111 West Second Street C Liquor 3 - Jai Mata Lakshmi Inc. NEW OWNER (previously The Phoenix) OUTDOOR AREA

Volkan Night Club 813 West Second Street C Liquor 3 - Volkan Night Club Inc. NEW OWNER (previously Club Privileged) OUTDOOR AREA

Azteca Express 1902 North Division Street C Liquor 4 - Azteca Express Restaurant Inc. NEW LICENSE (previously Kimchi Teriyaki?no alcohol permit)

2B. Annual license renewals (with outdoor area renewals as noted):

Big 10 Mart 2308 West 53rd Street C Beer 2 - Molo Oil Company

Danceland 501 ½ West Fourth Street C Liquor 3 - Danceland Ltd.

Kilkenny's Pub and Eatery 300 West Third Street C Liquor 3 - Kilkenny's Pub Inc.

Dugout Sports Complex 3504 Hickory Grove Road C Liquor 4 - The Strike Zone II Inc. OUTDOOR AREA

Stickman's 1510 Harrison Street C Liquor 4 - Stickman's Inc. OUTDOOR AREA

Aldi No. 15 1702 Brady Street C Beer 5 - Aldi Inc. B Wine

Bleyart's Tap 2218 East 11th Street C Liquor 5 - Bleyart's Tap Inc. OUTDOOR AREA

Café Indigo 4925 Utica Ridge Road Beer/Wine 6 - Café Indigo Inc. OUTDOOR AREA

Bley's Tap 215 East 29th Street C Liquor 7 - JBCW, L.L.C.

Brady Oil 3205 North Brady Street C Beer 7 - Brady Oil L.L.C.

Clarion Hotel 5202 Brady Street B Liquor 7

Edgehill Apartments L.L.C.

QC Mart 3545 Eastern Avenue C Beer 7

Bethany Enterprises Inc.

Rivals Sports Bar 1720 East Kimberly Road C Liquor 7 - Rivals Sports Bar and Grill L.L.C.

Tantra 589 East 53rd Street C Liquor 7 - Zhangs Trading Inc. OUTDOOR AREA

Izaak Walton League 8402 North Harrison Street C Liquor 8 - Davenport Izaak Walton League OUTDOOR AREA

XIII. Other Ordinances, Resolutions and Motions

XIV. Public with Business

PLEASE NOTE: At this time individuals may address the City Council on any matters of City business. This is not an opportunity to discuss issues with the Council members or get information. In accordance with Open Meetings law, the Council can not take action on any complaint or suggestions tonight, and can not respond to any allegations at this time. Please state your Name and Ward for the record. There is a five (5) minute time limit. Please end your comments promptly.

XV. Reports of City Officials

Happy Trails

Happy Holidays

XVI. Adjourn

Largest federal employee union says federal workers have sacrificed enough

WASHINGTON - The American Federation of Government Employees is calling on lawmakers to reject any proposal to reduce take-home pay for federal workers as part of a budget compromise deal.

Members of the Budget Conference Committee reportedly are considering increasing federal employee retirement contributions, which would effectively lower their pay. Details of the budget plan can be found on AFGE's Budget War Room web page.

Federal employees have had their pay frozen for three consecutive years and lost a week of pay this summer due to the sequestration furloughs, while new federal employees already are required to pay higher pension contributions.

"Going after federal employee wages yet again is insulting, demeaning and downright criminal," AFGE National President J. David Cox Sr. said. "It is disgraceful for elected officials to think that they can raid a fully funded retirement system to pay down a deficit that federal employees did not create."

Instead of cutting wages for hard-working civil servants, Congress should raise taxes on the wealthiest 1% of Americans and close tax loopholes that allow one out of four U.S. corporations to pay nothing in federal income taxes.

"Federal employees have done more than anyone else to reduce the deficit. The well is dry. Members of Congress need to take their shovels and dig elsewhere," Cox said.

 

Iowa Sen. Charles Grassley sits on the committee. There are 17,400 federal employees in Iowa, all of whom would be harmed by a reduction in their wages.

#####

The American Federation of Government Employees (AFGE) is the largest federal employee union, representing 670,000 workers in the federal government and the government of the District of Columbia.

Celebrate the season in a whole new way with the Davenport Public Library's Harry Potter holiday bash, "Winter at Hogwarts." Whether by apparition, portkey, or car (flying or otherwise), join us at the Eastern Avenue Branch Library on Saturday, December 7th at 7:00pm for a fantastical winter evening in our corner of the wizarding world. Come enjoy snacks and beverages from the Harry Potter universe, participate in a handmade and store-bought costume contest, try your hand at classroom activities, and see if you can pass our Harry Potter trivia contest. Registration is required for this FREE program for all ages. To register, or for more information call (563) 326-7832

https://www.facebook.com/davenportlibrary?ref=hl#!/events/324895384317709/

Moms Demand Action for Gun Sense in America Releases Television Ad in Honor of Newtown Victims; Sponsoring Week of Action Asking Congress to Act on Background Checks

Des Moines, Dec. 5, 2013 - Moms Demand Action for Gun Sense in America - Iowa Chapter will host an event on Sat., Dec. 14, in honor of the 20 children and six adults murdered one year ago at Sandy Hook Elementary School in Newtown, CT. This family friendly event called "No More Silence," will send a clear message that it's time to make noise about gun reform. Moms in Central Iowa will honor the Newtown victims and all victims of gun violence through bell ringing in lieu of a moment of silence.

Saturday, December 14, 2013

Time  11:00 am

Location  Ding Darling Shelter at Birdland Park/Union Park, 2100 Saylor Rd in Des Moines, Iowa

The Iowa event will be co-sponsored by Mayors Against Illegal Guns, Organizing for Action, American Friends Service Committee, The Interfaith Alliance of Iowa and will include remarks from Rev. Cheryl Thomas, Calvetta Berry of Mother's Against Violence and Mayor Frank Cownie and will include music from the Bell Choir of Ruby Van Meter.  The event will culminate in a communal bell ringing to honor the 26 victims killed in Newtown, and to demonstrate that American mothers will never again be silent about gun violence. Nationally, there will be more than 50 "No More Silence" events in 35 states. After the program there will be refreshments and a time to make crafts for ourselves and our legislators in Iowa.

A full list of events is available here: http://momsdemandaction.org/no-more-silence/

"The tragedy at Sandy Hook was a wake-up call for many of us and we can no longer be silent about our nation's raging epidemic of gun violence," said Rev. Cheryl R. Thomas, Iowa Chapter Leader of Moms Demand Action for Gun Sense in America. "Nearly eight children and teens are shot and killed everyday in America. It is time our voices are heard."

"What happened at Sandy Hook Elementary was an unimaginable tragedy for my family, and the families of all of the victims," said Maura Sherlach Schwartz, a national spokesperson for Moms Demand Action for Gun Sense in America and daughter of Mary Sherlach, a school psychologist shot and killed at Sandy Hook Elementary. "It was also a shattering wake-up call for millions of mothers across America. I am proud to be part of this powerful grassroots movement working to combat the national epidemic of gun violence that claims the lives of nearly eight children or teens every day."

In addition, Moms Demand Action has partnered with Mayors Against Illegal Guns to develop an ad, "No More Silence," which will premiere this week on cable news networks. The ad is an emotive remembrance of the Sandy Hook Elementary shooting, and a commentary on the need for continued indignation among Americans at the inaction of Congress. The ad was created by the Toronto office of GREY advertising. The ad can be viewed here.

In the week leading up to the anniversary, members of Moms Demand Action will engage in a week of action, during which they will call on Congress to immediately enact common-sense reforms such as comprehensive background checks for gun purchases. The daily calls to action are:

?      Monday: Craft paper bells with a message to elected officials and post photos to Facebook and Twitter (instructions for the craft are available here: http://action.momsdemandaction.org/page/content/BellCraft/)

?      Tuesday: Email Congress to demand reforms using our email tool: http://action.momsdemandaction.org/page/speakout/no-more-silence

?      Wednesday: Use our Fast Tweet page to tweet members of Congress using the hashtags #NoMoreSilence #gunsense and #MomsDemand: http://action.momsdemandaction.org/page/content/tweet/

?      Thursday: Join our Thunderclap: https://www.thunderclap.it/projects/7035-no-more-silence

?      Friday: Call Congress with our easy call-in tool: INSERT URL

Sun., Dec. 15, will mark the one-year anniversary of Moms Demand Action, which was founded one day after the mass shooting in Newtown. In just 12 months, Moms Demand Action has more than 125,000 members with a chapter in every state. The grassroots movement's members have been instrumental in securing significant legislative victories at the state and local levels, including the passage of strong new gun laws in California, Connecticut, Colorado, Delaware, Maryland, New Jersey, and New York. Moms Demand Action also has been active in supporting candidates with gun sense, including endorsements for Sen. Ed Markey of Massachusetts and Virginia Governor-Elect Terry McAuliffe.

Moms Demand Action also successfully convinced Starbucks to change its policy allowing guns inside stores. In September, Starbucks CEO Howard Shultz announced, "Guns are no longer welcome at Starbucks." Moms Demand Action is continuing to push for gun sense policies at American businesses and institutions, including Staples and other retailers.

"American moms will never forget the victims lost at Sandy Hook nor the countless other victims lost everyday all over the country to gun violence. In one year we have seen successes as a result of our voices and we will not stop until all of our children, families, and communities are safe from gun violence," said Thomas.

About Mayors Against Illegal Guns Since its creation in April 2006, Mayors Against Illegal Guns has grown from 15 members to more than 1,000 mayors from across the country. We have more than 1.5 million grassroots supporters, making us the largest gun violence prevention advocacy organization in the country.  The bipartisan coalition, co-chaired by New York City Mayor Michael Bloomberg and Boston Mayor Thomas Menino, has united the nation's mayors around these common goals: protecting communities by holding gun offenders accountable; demanding access to crime gun trace data that is critical to law enforcement efforts to combat gun trafficking; and working with legislators to fix weaknesses and loopholes in the law that make it far too easy for criminals and other dangerous people to get guns.  Learn more at www.mayorsagainstillegalguns.org

Senators Boxer, Manchin, Grassley, Tester Urge Congress to Curb Exorbitant Taxpayer-funded Compensation

Washington, D.C. - A bipartisan group of four U.S. Senators today released the following statement expressing their objections with the newly increased allowable level for taxpayer-funded contractor compensation:

"We are deeply troubled by the December 4 announcement by the Office of Management and Budget that the benchmark compensation cap for Federal Government contractors would automatically increase from $763,029 to $952,308, retroactive to January 2012, as required by statute.  In the interest of fiscal responsibility and fairness, we remain strongly committed to bringing the allowable level of taxpayer-funded contractor compensation to a figure that makes common sense to the American people.  If we do nothing, this figure could rise to $1.6 million by fiscal year 2020.  Congress should pass our bipartisan legislative fix (S.1192) as soon as possible to avoid this affront to the taxpayers in the future."

The statement was signed by Senators Barbara Boxer (D-CA), Joe Manchin III (D-WV), Chuck Grassley (R-IA), and Jon Tester (D-MT), who have sponsored the Commonsense Contractor Compensation Act of 2013.

###

Original Six Dollar Thickburgers and 1/3lb. Original Thickburgers at participating Carl's Jr. and Hardee's locations

What: Starting December 9, every Monday in December is a #MondayBunday when burger fans can get a free Original Six Dollar Thickburger® or 1/3lb. Original Thickburger® on a Fresh Baked Bun at Carl's Jr.® and Hardee's®.

Here's the deal: Every Monday visit http://www.CarlsJr.com/coupons or http://www.Hardees.com/coupons, or check on the brands' Facebook and Twitter channels, to download the day's unique #MondayBunday coupon.  (Note that each coupon is good only on the Monday for which it is issued.) Take the coupon to any participating Carl's Jr. or Hardee's restaurant, buy an Original Six Dollar Thickburger or 1/3lb. Original Thickburger on a Fresh Baked Bun and get a second one FOR FREE.

The #MondayBunday offer is good from 10:30 a.m. to closing on Mondays. Limit one per guest, who must be present, while supplies last.

New at Carl's Jr. and Hardee's, Fresh Baked Buns are premium buns baked fresh inside the restaurants every day. The bun dough is given time to rise or "proof" and is then baked, cooled, sliced and served. Guests will notice the buns are denser, a little sweeter (bringing out the flavor of the charbroiled 100 percent Black Angus beef patties) and, of course, baked fresh, then grilled so that each one is served perfectly hot, soft and delicious. They are now served standard on all Six Dollar Thickburgers at Carl's Jr. and 1/3lb. Thickburgers at Hardee's.

For more information, follow us on Facebook (www.facebook.com/carlsjr and www.facebook.com/hardees) and Twitter (www.twitter.com/carlsjr and www.twitter.com/hardees).

Quad Cities, USA: December 6, 2013 - With only 17 days remaining in the Red Kettle Campaign, The Salvation Army is extremely concerned about Kettle Donations.

Major Gary Felton, Quad Cities Coordinator for The Salvation Army, states, "Our goal of $750,000 to keep our programs strong is still a long way away. We are grateful for the $230,000 that has been donated to date, but we are $150,000 behind last year at this time. The six days that we lost between Thanksgiving and Christmas is a huge concern. Other factors may be donor fatigue due to the recent typhoon and tornado disasters."

He adds, "Less giving is a great concern to us. These donations allow us to do our work at Christmas and all year round. The Red Kettle Campaign raises 60% of our annual budget and still has a long way to go. The monies collected provide shelter, food and other basic needs to families and individuals in crisis. We depend on the generosity of each individual in the Quad Cities to be able provide our services. We try not to think about falling short of the goal - we simply cannot fall short this year."

Another way you can become involved with The Salvation Army's Christmas programs and make your own Christmas even brighter: Volunteering. Opportunities include Toy Shop Escort, Bell Ringer, and Toy Collector at Fill the Truck on December 13 & 14. Easy sign up at www.ringbells.org.

###
December 9 - 13, 2013

Friday, December 13, 2013

Special Committee of the Whole - 3:00 pm

Conference Room 605, 6th Floor, Administrative Center

1. Roll Call: Cusack, Earnhardt, Hancock, Minard, Sunderbruch

2. 2014 State of Iowa Legislative Kickoff

3. Other items of interest.
Financial Advisor Shares Steps Everyone Should Take in 2014

For many baby boomers looking to retire in the next few years, the biggest worry is not whether or not they can retire, but if they'll outlive their savings.

It's a valid concern: One of every four people turning 65 today can expect to live past their 90th birthday, and one in 10 will live past 95, according to the Social Security Administration.

For a married couple, there's a 58 percent chance that one of them will live to 90.

With 10,000 boomers turning 65 every day, it's something on the minds of more than a fourth of Americans.

"I went into this business because I hated seeing people who'd followed the rules - saved money in a 401k, put their kids through college, gave to charity - get to retirement and find they didn't have enough to sustain them for more than a few years," says Andrew McNair, founder and CEO of SWAN Capital, (SWAN-Capital.com), and author of "Don't be Penny Wise & Dollar Foolish."

"It's not enough to have a certain amount of money in your portfolio, you want to have a guaranteed check coming in in addition to your investments."

Whether you're years from retirement or planning for it now, McNair says these three New Year's resolutions will be the best you ever made:

• Resolve to plan for expenses in retirement to equal or exceed your expenses today. Many people assume their expenses will decline once they retire - they forget that they're going to have a lot more free time to do what they love, McNair says. "What are your dreams? Will you want to travel? Take up a new hobby? Meet friends for golf two or three times a week? Those likely are going to be expenses you don't have now," he says. Also, once you retire, things don't magically last forever. The rug in the dining room, the fridge in the kitchen - eventually they'll need to be replaced or repaired. Also, as you age, medical expenses either appear or increase. Sit down and think about what your ideal retirement looks like, and presume that it will be for at least 30 years. Make a list and take a guess at what those activities cost - even if your retirement is years away. How much money will you need coming in each month or year?

• Resolve to get most of your investments out of tax-deferred plans. If you're working for a company that provides a match for 401k contributions, by all means, contribute up to the maximum match. "That's free money - you'd be crazy not to take advantage," McNair says. But anything beyond that should be invested in something that's more tax efficient: Roth IRA, municipal bonds, life insurance or real estate. No one expects taxes will go down - they'll be going up. Uncle Sam already has a lien on your IRA or 401(k); don't let his lien, the taxes you'll owe, continue to grow. Go ahead and pay now, and your future retired self will be glad you did.

• Resolve to have a portfolio that generates a steady or guaranteed paycheck. The ideal financial security for retirement is having a guaranteed income that increases with inflation, McNair says. "You want to plan for an income that meets or exceeds your annual income now so, if you'll be getting $1,000 a month from Social Security at age 62 and your current income is $4,000 a month, you need to have a plan to guarantee $3,000 a month to cover that gap." Annuities and life insurance are the only investments that provide a guaranteed income you cannot outlive, so consider them for at least part of your portfolio. "You don't want them to make up 100 percent of your portfolio, but they should provide the foundation," McNair says.

It's important to start thinking now about where you want to be in retirement and what combination of investments will ensure you have the lifestyle you want for as long as you live, he says.

"At 65, you don't want to be making risky investments because you're panicking about not having enough money."

About Andrew McNair

Andrew McNair is founder and CEO of SWAN Capital, specializing in Wealth Management and Retirement Income. After earning a degree in business administration/finance, and with two books on his financial strategies already published, McNair launched SWAN later that year. At 22, he was hosting a radio show, What Your Money Would Say, that provides financial guidance to retirees. McNair is also the founder and CEO of the Veteran Benefit Project, which works with veterans and their families at no charge to ensure they receive all of the benefits they deserve.

On December 5, 2013, at approximately 10:16 p.m., correctional officers at the Scott County Jail, while making their security rounds in the housing units, found Oscar Orlando Najera, date of birth 02/02/59, unresponsive. Correctional staff, as well as medical staff, attended to Mr. Najera. Fire and Medic were called and later he was pronounced deceased at Genesis Hospitals at approximately 11:08 p.m. Mr. Najera had been in the Scott County Jail since being booked in on 11/15/13 for the charge of Intoxication 3rd degree. During his book in, he had stated his last known residence was Rock Island, Illinois.

Attempts to locate next of kin have been unsuccessful. Cause of death has not been determined at the present time. An autopsy has been scheduled for tomorrow. Results of toxicology tests are pending.

Pages