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

On Monday, December 9, 2013 at 09:00, the Scott County Sheriff's Office will hold a Swearing In Ceremony at the Sheriff's Office on second floor of the Scott County Courthouse. Due to a deputy sheriff vacancy, Andrew Lellig has been hired as the newest deputy sheriff of Scott County.

Andrew Lellig was born and raised in Davenport and graduated from Davenport Central High School in 2007. He joined the Police Explorers in the summer of 2005, attended the University of Wisconsin Platteville for one year and graduated from St. Ambrose University in May, 2011 with a criminal justice degree. Andrew was sworn in as a reserve deputy sheriff in January, 2011 and was hired as an Eldridge police officer in August, 2012. Andrew graduated from the Iowa Law Enforcement Academy in December, 2012 and has served the City of Eldridge since that time. Andrew currently resides in Davenport.

New Law Makes Illinois the 16th State in Nation to Embrace Equal Rights for All Couples

CHICAGO - In front of a crowd of thousands at the University of Illinois at Chicago's UIC Forum, Governor Pat Quinn today signed historic legislation making Illinois the 16th state in the nation to embrace full marriage equality. The legislation permits all couples in the Land of Lincoln to receive the rights and protections of marriage.

As part of his agenda to ensure Illinois embraces all people, Governor Quinn made marriage equality a top legislative priority this year, featuring it in his 2013 State of the State address.

"This new law is an epic victory for equal rights in America," Governor Quinn said. "Illinois is moving forward. We are a model for our country. If the Land of Lincoln can achieve marriage equality, so can every other state in the nation."

Governor Quinn pushed for marriage equality throughout the 2013 legislative session. In 2011, the Governor signed into law historic civil union legislation. Since then, more than 6,000 couples from across Illinois have joined in a civil union.

Senate Bill 10, sponsored by State Senator Heather Steans (D-Chicago) and State Representative Greg Harris (D-Chicago), requires that all Illinois laws pertaining to civil marriage must apply equally to all couples. The law will guarantee equal access to status, benefits, protections, rights and responsibilities for all couples entering into marriage and their families. The law also allows the voluntary conversion of a civil union to a marriage and protects the religious freedom of churches, mosques, synagogues, temples and other religious organizations.

"I couldn't be prouder of Illinois today as we become the 16th state to write equality into our marriage laws," Senator Steans said. "This is a day to celebrate the hard work of so many Illinois families whose commitment to human rights and basic fairness made this moment possible."

"This is a very proud day for the state of Illinois and a happy day for thousands of Illinois families who will now be treated equally in the eyes of the law," Representative Harris said. "I want to thank Governor Quinn, Speaker Madigan and my colleagues for making this day possible."

The law takes effect June 1, 2014.

CHICAGO - Lt. Governor Sheila Simon on Wednesday will join Governor Pat Quinn, numerous elected officials, advocates and members of the public to take part in the historic signing of legislation making Illinois the 16th state in the nation to recognize full marriage equality.

"Tomorrow will be a proud and historic day for Illinois," said Simon. "This is a momentous step toward fairness and equality. I am excited to be a part of this event and can't wait to start receiving wedding invitations."

Passed by the Illinois General Assembly on Nov. 5, this landmark legislation will provide equal access to the status, benefits, protections, rights, and responsibilities of civil marriage for all couples and their children in Illinois.

Though Illinois already has civil unions, only marriage affords couples the ability to file joint tax returns, participate in spousal Social Security and veterans' benefits, and benefit under the Family and Medical Leave Act. Civil unions will be able to be converted to marriages within a year of the law going into effect.

The signing and celebration is free of charge and open to the public. For more information or to register to attend, please visit Equality.Illinois.gov. 

Wednesday, Nov. 20

EVENT: Marriage Equality Bill Signing

TIME: 3:30 p.m.

LOCATION: University of Illinois at Chicago Forum, 725 W. Roosevelt Rd., Chicago

 ###