CITY COUNCIL MEETING
City of Davenport, Iowa
Wednesday, July 24, 2013; 5:30 p.m.
City Hall Council Chambers
I. Moment of Silence
II. Pledge of Allegiance
Ald. Meeker
III. Roll Call
IV. Meeting Protocol and Decorum
V. Approval of Minutes of the July 10, 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. RiverCenter Advisory Board (reappointments)
Bob Fox
Steve Jobman
Judy McNamara
IX. Presentations
A. Big Brothers Big Sisters of the Mississippi Valley Impact Award to City of Davenport
Jay Justin, Executive Director
X. Petitions and Communications from Council Members and the Mayor
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July 24, 2013
XI. Individual Approval of Items on the Discussion Agenda
1. Second Consideration: Ordinance adding Chapter 13.16.107F entitled "Sanitary
Sewer Rates-Amount" to include a residential customer surcharge of $2.00 per
quarter to fund the no-fault sewer backup reimbursement program. [All Wards]
COMMITTEEE RECOMMENDS AMENDMENT
2. Second Consideration: Ordinance amending Chapter 2.56 entitled "Airport
Commission" by abolishing the commission and replacing it with an Iowa Code
Chapter 392 administrative agency. [All Wards]
COMMITTEE RECOMMENDS SUSPENSION OF THE RULES AND PASSAGE ON SECOND CONSIDERATON
1. Motion for suspension of the rules
.
2. Motion for passage of 3rd consideration.
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
1a. First Consideration of Ordinance for Case No. REZ13-03, being an amendment to City
Ordinance 89-37 which rezoned 11.4 acres of real property, more or less, located at
110 West 53rd Street to PDD Planned Development District and limited the use(s) to a
home improvement store. The amendment would allow conversion of the existing
retail and lumber yard buildings to self-storage units. This would allow an operational
use of the property while it is still being marketed. (Tyler Edwards on behalf of
Menard, Inc, petitioner). [8th Ward]
1b. Resolution approving the PDD Final Development Plan (FDP13-10) on 11.4 acres, more or less, located at 110 West 53rd Street to allow Menards, Inc. to develop self- storage units after moving the retail operation to its new location. This is a companion action to Case No. REZ13-03. (Tyler Edwards on behalf of Menard, Inc., petitioner) [8th Ward].
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July 24, 2013
Community Development Committee
2. First Consideration of Ordinance for Case No. REZ13-04, being .25 acres, more or less, of real property located at 1219 Perry Street from "R-4" Moderate Density Dwelling District to "R-5M" Medium Density Dwelling District. The purpose of the rezoning is to utilize the property for multiple-family residential units (Etie S. O'Connell, petitioner). [3rd Ward]
3. Resolution approving Case No. F13-13 being the final plat of Grand Retreat Estates
located at 4760 Rockingham Road containing two (2) residential lots. [1st Ward]
4. Resolution approving Case No. CP13-01 being the adoption of the Planning Area 12
Small Area Plan as an element of the Davenport 2025 Comprehensive Plan.
[7th, 8th Wards]
5. Resolution approving Case No. CP13-02 being the adoption of the Village of East
Davenport Master Plan as an element of the Davenport 2025 Comprehensive Plan.
[5th, 6th Wards]
6. Resolution establishing an East Village TIF District in the existing South Economic
Development Area (SEDA).
7. Resolution accepting State CDBG HDR Grant for the 5th Street Lofts Project.
Public Safety Committee
1. Second Consideration: Ordinance amending Schedule VII of Chapter 10.96 entitled "No Parking" by deleting 46th Street along the north side from 150 feet west of Welcome Way to 300 feet west of Welcome Way. [Ward 7]
2. First Consideration: Ordinance amending Schedule II of Chapter 10.96 entitled "One-Way Streets" by deleting 8th Street from 50 feet east of Pershing Avenue to Iowa Street. [Ward 3]
3. First Consideration: Ordinance amending Schedule XI of Chapter 10.96 entitled "Resident Parking Only" by adding 15th Street in front of the property at 121 West 15th Street. [Ward 3]
4. First Consideration: Ordinance amending Schedule XI of Chapter 10.96 entitled "Resident Parking Only" by adding Pine Street in front of property at 324 South Pine Street. [Ward 1]
5. First Consideration: Ordinance amending Schedule XVII of Chapter 10.96 entitled "No Stopping, Standing or Parking" by deleting Iowa Street along both sides from 100 feet north of 8th Street to 100 feet south of 8th Street between the hours of 8:00 AM and 4:00 PM on school days. [Ward 3]
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July 24, 2013
6. Resolution closing various streets, lanes or public grounds on the listed dates to hold outdoor events. [Wards 2, 3, 4, 5, 6 and 7]
7. Motion approving beer and liquor license applications:
7A. New license, new owner, temporary permit, temporary outdoor area, location transfer, etc. (as noted):
NAME ADDRESS LICENSE WARD
La Finca 916 West Second Street B Beer 3
La Finca L.L.C. NEW LICENSE (ON-PREMISES
AND CARRY-OUT BEER)
(SPECIAL USE PERMIT APPROVED
BY ZBA ON JULY 11, 2013)
River Roots Live LeClaire Park B Beer 3
QC Chamber of Commerce TEMPORARY PERMIT
OUTDOOR AREA
AUGUST 16-17, 2013
Hooters of Davenport 110 East Kimberly Road C Liquor 7
Hooters of Davenport L.L.C. NEW OWNER
OUTDOOR AREA
7B. Annual license renewals (with outdoor area renewals as noted):
NAME ADDRESS LICENSE WARD
Kwik Shop No. 584 3624 West Locust Street C Beer 1
Kwik Shop Inc.
Hickory Garden Restaurant 3311 Hickory Grove Road Beer/Wine 2
Fazliu Inc. OUTDOOR AREA
Mantra 220 Harrison Street C Liquor 3
Sharnam Inc.
Express Lane Gas and Food Mart 3622 Brady Street C Beer 7
Expresslane Inc.
Hi Ho Mongolian Grill 901 East Kimberly Road Beer/Wine 7
Hi Ho Mongolian Grill Inc.
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July 24, 2013
Public Works Committee
1. Resolution authorizing the filing of applications with the Federal Transit Administration for assistance authorized by 49 U.S.C chapter 53, title 23 United States Code and other Federal statutes administered and authorizing the mayor to sign. [All wards]
2. Resolution approving Davenport Public Transit "Citibus" Title VI Program report update. [All wards]
Finance Committee
1. Resolution making provision for the issuance of not-to-exceed $32,400,000 General
Obligation Corporate Bonds, Series 2014. [All Wards]
2. Resolution approving a 28E Intergovernmental Agreement governing the Quad City
Metropolitan Enforcement Group. [All Wards]
3. Resolution allowing the Levee Improvement Commission and the Parks and
Recreation Department to proceed with a REAP (Resource Enhancement and
Protection) grant application in the amount of $300,000 for River Heritage Park.
[Ward 3]
4. Motion awarding the purchase of a John Deere endloader for the Compost Facility to
Martin Equipment of Rock Island, IL in the amount of $136,000. [All Wards]
5. Motion awarding the purchase of two used crack sealers for the Streets Division to
Logan Contractors Supply of Bettendorf in the amount of $62,630. [All Wards]
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
XVI. Adjourn

CHICAGO - Governor Pat Quinn today took action on the following bills:

Bill No.: HB 1533

An Act Concerning: State Government

Exempts employees of the Illinois Sentencing Policy Advisory Council from provisions of the Personnel Code and expands the eligibility for judges able to be appointed thereto.

Action: Signed

Effective Date: Immediate

Bill No.: HB 2754

An Act Concerning: Transportation

Creates the National Wild Turkey Federation license plate and the Curing Childhood Cancer license plate.

Action: Signed

Effective Date: Jan. 1

Bill No.: HB 2771

An Act Concerning: Children

Exempts private attorney-client communications from the reporting requirements of the Abused and Neglected Child Reporting Act.

Action: Signed

Effective Date: Immediate

Bill No.: HB 3359

An Act Concerning: Regulation

Creates the Precious Metal Purchasers Task Force.

Action: Signed

Effective Date: Immediate

Bill No.: HB 3370

An Act Concerning: Local Government

Expands the categories of expenses for which the Metropolitan Water Reclamation District of Greater Chicago may levy taxes.

Action: Signed

Effective Date: Immediate

Bill No.: SB 30

An Act Concerning: Government

Creates the Thomson United States Penitentiary Cession Act.

Action: Signed

Effective Date: Immediate

Bill No.: SB 32

An Act Concerning: State Government

Eliminates requirement that Department of Human Services create a medical advisory panel.

Action: Signed

Effective Date: Immediate

Bill No.: SB 33

An Act Concerning: Safety

Authorizes electronic reporting of environmental data.

Action: Signed

Effective Date: Immediate

Bill No.: SB 47

An Act Concerning: Public Aid

Allows the Department of Healthcare and Family Services to send notice of service via facsimile or electronic mail.

Action: Signed

Effective Date: Immediate

Bill No.: SB 48

An Act Concerning: Civil Law

Repeals the Unified Child Support Services Act.

Action: Signed

Effective Date: Immediate

Bill No.: SB 62

An Act Concerning: Health

Changes the definition of "Clinical Psychologist".

Action: Signed

Effective Date: Immediate

Bill No.: SB 63

An Act Concerning: State Government

Changes the composition of the State Rehabilitation Council and makes other technical changes.

Action: Signed

Effective Date: Immediate

Bill No.: SB 70

An Act Concerning: Gaming

Exempts licensed video gaming establishments from the location restriction if a school or place of worship moves to or is established within the restricted area after the date on which the licensed video gaming establishment obtained its original liquor license.

Action: Signed

Effective Date: Immediate

Bill No.: SB 72

An Act Concerning: Safety

Makes technical changes to several Acts to address the Environmental Protection Agency's audit findings.

Action: Signed

Effective Date: Immediate

Bill No.: SB 93

An Act Concerning: State Government

Permits the placement of detained sexually violent persons in the Chester Mental Health Center.

Action: Signed

Effective Date: Immediate

Bill No.: SB 922

An Act Concerning: Transportation

Permits tow trucks to use white and/or amber oscillating, rotating, or flashing lights.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1169

An Act Concerning: Civil Law

Permits the Department of Healthcare and Family Services to remove the termination date from the income withholding notice for child support.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1191

An Act Concerning: Civil Law

Eliminates the requirement that the Department of Children and Family Services provide a printed copy of the comprehensive list of the unsafe children's products to certain child care facilities.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1213

An Act Concerning: Juvenile Justice

Provides for the indemnification of individuals or organizations that contract with the Department of Juvenile Justice (DJJ), and cleans up statutory references to reflect DJJ's creation as a separate state agency.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1225

An Act Concerning: Aging

Repeals the Senior Citizens Child Care Support Act.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1292

An Act Concerning: Health Facilities

Increases transparency by requiring the Department of Public Health to issue a report of fines received from nursing homes.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1293

An Act Concerning: Warehouses

Changes the refrigerated warehouse licensing cycle for renewals from calendar year to fiscal year.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1321

An Act Concerning: Public Health

Revises information which must be contained in the Department of Public Health's Annual Report regarding its prostate cancer screening program.

Action: Signed

Effective Date: Jan. 1

Bill No.: SB 1322

An Act Concerning: Criminal Law

Requires that the examination to determine whether a person is sexually dangerous be conducted by two qualified evaluators.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1340

An Act Concerning: Civil Law

Exempts DCFS from payment of guardian ad litem fees in specified instances.

Action: Signed

Effective Date: Immediate

Bill No.: SB 1603

An Act Concerning: Finance

Makes several changes that allow the Illinois Finance Authority to operate more efficiently and finance several new projects.

Action: Signed

Effective Date: Immediate

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CHICAGO - Governor Pat Quinn today issued a line-item veto of House Bill 214 to suspend pay for Illinois state legislators. Since taking office, the governor has been pushing for comprehensive pension reform to resolve the state's worst-in-the-nation pension crisis. Today's action follows years of legislative inertia on pension reform, while the state's unfunded pension debt grows by millions of dollars a day.

"In this budget, there should be no paychecks for legislators until they get the job done on pension reform," Governor Quinn said. "Pension reform is the most critical job for all of us in public office. I cannot in good conscience approve legislation that provides paychecks to legislators who are not doing their job for the taxpayers."

In addition, Governor Quinn will not accept his salary until the General Assembly sends him a comprehensive pension reform solution.

Illinois' pension crisis was created over 70 years of fiscal mismanagement by previous governors and legislatures. Since taking office, Governor Quinn has worked to restore fiscal stability to the state, making the full pension payment each year and reducing the state's discretionary spending to historic lows. Governor Quinn's efforts to enact pension reform include :

·      In May 2009, Governor Quinn established the Pension Modernization Task Force, which laid the foundation for pension reform efforts.

·      In 2010, despite intense opposition, he fought for and signed into law sweeping pension reform for new hires that are saving billions of dollars.

·      In January 2012, the governor convened a legislative pension reform working group to develop a solution.

·      Three months later, he proposed a comprehensive pension reform plan that erased the unfunded liability and worked to pass this legislation during the legislative session.

·      To avoid credit downgrades, Governor Quinn set several deadlines over the past two years for legislators to enact pension reform. Each time the deadline was blown, taxpayers were on the hook for millions of more dollars in pension debt and numerous downgrades to the state's credit rating. Recently, Illinois' credit rating was downgraded twice in one week to its lowest point in history, which days ago cost taxpayers an additional $130 million over the life of the bonds, in order to maintain critical infrastructure.

·      The governor has called special sessions to address pension reform.

·      He has released several studies on the dire impact of pension inaction on education, with Illinois currently on track to spend more on pensions than education by 2016.

·      The governor has met at length, numerous times with legislative leaders and lawmakers, and repeatedly asked them to vote for comprehensive pension reform.

·      Governor Quinn launched an online campaign to raise awareness about the pension squeeze and urgent need for action.

·      The governor has rejected piecemeal and insufficient pension bills that did not eliminate the pension debt.

·      During his 2013 State of the State and Budget addresses, the governor again laid out standards for pension reform and throughout the session he pushed for Senate Bill 1, which would have eliminated the unfunded liability.

·      In June 2013, the governor proposed a legislative conference committee as a vehicle to break gridlock between the two chambers. He asked the legislative conference committee to act on a compromise that erases the unfunded liability and provides 100 percent funding for the systems by July 9.

Members of the Illinois General Assembly make $67,836 annually, along with additional stipends for leadership positions, both of which were vetoed out today.

"This is an emergency, the taxpayers of Illinois are waiting and there is no excuse for further legislative delay," Governor Quinn added. "The taxpayers cannot afford an endless cycle of delays, excuses and more delays."

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New Laws Will Protect Gang Crime Witnesses and Require School Officials to Report Illegal Gang Activity

CHICAGO - Governor Pat Quinn today signed new laws that will help fight gang crimes and protect those who aid law enforcement in these efforts. Today's actions are part of Governor Quinn's agenda to ensure the safety of all people in every community across Illinois.

"All Illinois residents have the right to be safe in their homes, schools and on our streets," Governor Quinn said. "These new laws give us more tools to fight gang violence, crack down on the criminals and protect those who are doing the right thing for public safety."

House Bill 1139, sponsored by State Rep. Emanuel Chris Welch (D-Westchester) and State Sen. Patricia Van Pelt (D-Chicago), creates the Gang Crime Witness Protection Act. The Illinois Criminal Justice Information Authority will establish a Gang Crime Witness Protection Program to assist those who are actively aiding in the prosecution of gang crimes. The program will reimburse counties for assistance they provide victims and witnesses, including temporary living costs and moving expenses. The new law takes effect immediately.

"We have to show people that the law is stronger than street gangs," Welch said. "These bills will help make our schools safer by allowing for greater communication between our principals and law enforcement, and protect those who have the courage to stand up to gang violence."

"This legislation will empower people who might be afraid to testify against members of organized crime regimes," Van Pelt said. "If witnesses are willing to tell the authorities everything they know about criminal activity, they can help stop the violence that is rampant in our communities."

House Bill 2768, also sponsored by State Rep. Welch along with State Sen. Tom Cullerton (D-Villa Park), requires school principals and assistant principals to report any illegal weapons use or possession, or any illegal gang activity, to the proper law enforcement officials. The bill also requires courts and law enforcement officials to notify principals when one of their students is detained for illegal gang activity. The new law takes effect Jan. 1.

As part of his public safety agenda, last week Governor Quinn issued an amendatory veto of House Bill 183, legislation that would allow and regulate the carrying of concealed handguns in public places. The changes address several serious safety problems with the legislation and will make communities safer across the state.

The governor's changes to House Bill 183 limit concealed carry guns to one per person and one ammunition magazine holding no more than 10 cartridges. The changes would also continue to allow local governments to enact assault weapons bans in their communities; keep guns out of establishments serving alcohol, including most family restaurants; and make the presumption that weapons cannot be carried onto private property or in the workplace unless permission to do so is granted. The Governor's changes establish a better law that puts public safety first. Full details of the governor's amendatory veto as well as how to contact your legislator are available at www.KeepIllinoisSafe.org.

The Illinois General Assembly is scheduled to return to Springfield on July 9 to act on Governor Quinn's amendatory veto. They can vote to accept the veto, which requires a three-fifths majority in both the House of Representatives and the Senate, or they could vote to override the veto, which requires a three-fifths majority in both chambers. If both chambers do nothing, House Bill 183 will not be enacted and Illinois' current concealed carry law will be struck down by the courts.

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