Details for CITY OF DAVENPORT - LEGALS - Ad from 2019-04-13

E. Remedies Cumulative: All remedies specified in this chapter are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve an operator of its obligations to comply with this chapter. In exercising any remedy specified in this chapter, including Articles A and B, the city shall comply with any substantive and procedural requirements for exercising such remedies in an owner’s or operator’s franchise agreement or other authorization. F. Reduce or Waive Penalties: The city engineer or attorney may reduce or waive any of the above listed penalties for good cause shown. (Ord. 2017-111 § 1 (part)). 12.20.220 Indemnification. Any indemnity provided shall include, but not be limited to, the city’s reasonable attorney fees incurred in defending against any such claim, suit, or proceeding. Recovery by the city of any amounts under insurance, the performance bond or letter of credit, or otherwise shall not limit in any way a person’s duty to indemnify the city, nor shall such recovery relieve a person of its obligations pursuant to a franchise or in any respect prevent the city from exercising any other right or remedy it may have. (Ord. 2017-111 § 1 (part)). 12.20.230 Severability. If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding on owners and operators. (Ord. 2017-111 § 1 (part)). REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed as are any motions or resolutions of council that purport to give authority to a council standing committee to make a determination as all such determinations shall henceforth be made by the City Council. EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided. Approved: 4/10/19, Frank Klipsch, Mayor; Attest: Brian Krup, Deputy City Clerk 2. First Consideration: Ordinance to change the name of a section of E 60th St to Duggleby Ave located in Eastern Avenue Farms 5th Addition (City of Davenport, petitioner). [Ward 8] MOVED TO SECOND CONSIDERATION 3. Resolution for case F19-01: Request of Ronald Dirksen for a final plat of Abbey’s Estate on 0.36 acres located at 2305 W 67th Street containing 1 lot. [Ward 8] ADOPTED 2019-118 4. Resolution supporting the regional effort to create design principles for the Interstate 74 Corridor. [Ward 6] ADOPTED 2019-119 5. Resolution terminating the New Economy Corridor Development Agreement. [All Wards ] ADOPTED 2019-120 6. Resolution authorizing the Mayor to execute documents necessary to convey the following properties: ADOPTED 2019-121 Parcel H0010-04, 1412 West 15th Street to Kelli Torres (Petitioner). [Ward 4] Parcel E0016-22, 1501 Eastern Avenue to Kelly DeBolt (Petitioner). [Ward 5] 7. Resolution closing various street(s), lane(s), or public grounds on the listed date(s) to hold outdoor events. ADOPTED 2019-122 St. Paul Knights of Columbus; 5th Annual Blue Mass; 915 E Rusholme St; Tuesday, May 14, 2019 4:30 PM to 7:30 PM; Closure: E Rusholme from Arlington Ave to Carey Ave. [Ward 5] City of Davenport Parks and Recreation and Davenport Community Schools; Youthfest; Wednesday, July 10, 2019 6:00 AM – 3:00 PM; Closure: W 12th St from Wilkes Ave through Fejervary Park to Telegraph Rd. [Ward 4] J&M Displays Inc; QCSO Riverfront Pops Concert Fireworks; LeClaire Park; Saturday, August 17, 2019 between 9:00 PM - 10:00 PM (dependent on the concert run time); Closure: bike path behind Modern Woodmen Park. [Ward 3] 8. Resolution adopting the Davenport GO Multi-Modal Transportation Plan as an element of the City of Davenport Comprehensive Plan, CIP #10151. [All Wards] ADPOTED 2019-123 9. Resolution approving the plans, specifications, forms of contract, and estimated cost for the 100 Block of East 3rd St Streetscape Improvements Project, CIP #35022. [Ward 3] ADOPTED 2019-124 10. Resolution approving the plans, specifications, forms of contract, and estimated cost of covering the Kaiserslautern Square Upgrades Project, CIP #68004. [Ward 3] ADOPTED 2019-125 11. Resolution approving the plans, specifications, forms of contract, and estimated cost for the State Patching Program, CIP #35035. [All Wards] ADOPTED 2019-126 12. Resolution approving the contract for the Federal St Permeable Alley to Emery Construction Group Inc of Moline, IL in the amount of $204,970, CIP #33032. [Ward 3] ADOPTED 2019-127 13. Resolution approving the contract for Manhole Rehabilitation Project to Save Our Sewers Inc. of Cedar Rapids, IA in the amount of $2,390,226.60 CIP #30045. [All Wards] ADOPTED 2019-128 14. Resolution approving the contract for the 46th St Reconstruction between Fillmore Ln and Marquette St to N J Miller Inc. of Bettendorf, IA in the amount of $237,210.50, CIP #35036. [Ward 7] ADOPTED 2019-129 15. Resolution approving the contract for the Elmwood Ave Reconstruction between Lincoln and Linwood Project to Hawkeye Paving Corporation of Bettendorf, IA in the amount of $340,551, CIP #35036. [Ward 3] ADOPTED 2019-130 16. Resolution approving the contract for the Contract Milling Program to Tri City Blacktop Inc. of Bettendorf, IA in the amount of $111,242.04, CIP #35042. [Wards 1-7] ADOPTED 2019-131 17. Resolution approving the contract for the Elmore Avenue Patching project to CDMI Concrete Contractors Inc. of East Moline, IL in the amount of $206,686, CIP #35035. [Ward 6] ADOPTED 2019-132 18. Resolution awarding the contract for the General Street Resurfacing contract to Hawkeye Paving Corporation of Bettendorf, IA in the amount of $955,627, CIP #35035. [Ward 1, 5, and 6] ADOPTED 2019-133 19. Resolution authorizing the conveyance of a parcel of land containing a pond, located west of the residential dwelling with a common address of 6700 Jersey Ridge Road, City of Davenport, Petitioner. [Ward 8] ADOPTED 2019-134 20. Resolution approving the contract for the purchase of a new Self Contained Breathing Apparatus (SCBA) for the Fire Department from Sandry Fire Supply LLC of DeWitt, IA, CIP #63008. [All Wards] ADOPTED 2019-135 21. Resolution approving nine Open Prairie Tax Exemptions. [All Wards] ADOPTED 2019-136 22. Motion approving the allocations for Year 45 (July 1, 2019 – June 30, 2020) Community Development Block Grant (CDBG) funds and HOME Investment Partnership (HOME) funds. [All Wards] PASSED 2019-137 23. Motion approving noise variance request(s) for various events on the listed dates at the listed times. PASSED 2019-138 St. Ambrose University; Final Weekend in April; 518 W Locust St; Friday, April 26, 2019 9:00 PM - 12:00 AM in the Rogalski Center parking lot and Saturday, April 27, 2019 12:00 PM - 1:00 AM in student residences; Music, over 50 dBa. [Ward 4] German American Heritage Center; Best of the Wurst; 712 W 2nd St; Saturday, June 22, 2019 12:00 PM - 3:00 PM; Outdoor music, over 50 dBa. [Ward 3] J&M Displays Inc; QCSO Riverfront Pops Concert Fireworks; LeClaire Park; Saturday, August 17, 2019 between 9:00 PM - 10:00 PM (dependent on the concert run time); Fireworks, over 50 dBa. [Ward 3] 24. Motion approving beer and liquor license applications. PASSED 2019-139 A. New License, new owner, temporary permit, temporary outdoor area, location transfer, etc. (as noted): Ward 3 Lopiez Pizza (Lopez Curse, LLC) - 429 E 3rd St Ste 1 - License Type: C Liquor Taste of Ethiopia (Genet T Moraetes) - 102 S Harrison St Ste 300 – Outdoor Area - License Type: Beer / Wine Ward 4 The Gypsy Highway Bar and Grill (The Gypsy Highway Corp) - 2606 W Locust St extended to parking lot - Outdoor Area May 4 - 5, 2019 “Rev It Up For Awareness Rally” - License Type: C Liquor Ward 5 Rookies Sports Bar (Rookies, Inc) - 2818 Brady St - Outdoor Area April 27 - 28, 2019 “Customer Appreciation” Event - License Type: C Liquor Ward 7 Azteca Mexican Restaurant (Azteca Mexican Restaurant, Inc) - 4811 N Brady St Ste 3 - Outdoor Area May 4 - 5, 2019 “Cinco de Mayo Fiesta” – License Type: C Liquor B. Annual license renewals (with outdoor area renewals as noted): Ward 1 QC Mart (Bethany Enterprises, Inc) – 2747 Rockingham Rd – License Type: C Beer Ward 2 Applebee’s Neighborhood Grill & Bar (Apple Corps, LP) – 3005 W Kimberly Rd – License Type: C Liquor Hy-Vee Food & Drugstore #2 (Hy-Vee, Inc) – 2200 W Kimberly Rd – License Type: E Liquor / C Beer / B Wine Hy-Vee Market Café (Hy-Vee, Inc) – 2200 W Kimberly Rd Café Area – License Type: C Liquor Ward 3 Blackhawk Bowl & Martini Lounge (Blackhawk Bowl & Martini Lounge LLC) – 200 E 3rd St Lower Level – License Type: C Liquor Duck City Delicatessen & Bistro (Moskowitz Llewellyn Restaurant Systems, Inc) – 115 E 3rd St – Outdoor Area - License Type: C Liquor Great River Brewery (Old Capital Brew Works and Public House, LLC) – 322 & 332 E 2nd St – Outdoor Area - License Type: C Liquor Geezer’s Drafthouse (Geezer’s, Inc) – 1654 W 3rd St – Outdoor Area – License Type: C Liquor Mantra Indian Restaurant (Madan LLC) – 220 N Harrison St – License Type: Beer / Wine Ward 4 Cedar Street Inn (Fleetfood Incorporated) – 810 Cedar St – License Type: C Liquor Famous Liquors (Jay Liquor Inc) – 2604 W Locust St – License Type: E Liquor / C Beer / B Wine Ward 6 Aldi Inc. #80 (Aldi Inc – Corporation) – 5262 Elmore Ave – License Type: C Beer / B Wine Big River Bowling (Kimberly Entertainment LLC) – 2902 E Kimberly Rd – License Type: C Liquor Fresh Thyme Farmers Market (Lakes Venture, LLC) – 2130 E Kimberly Rd – License Type: C Beer Huhot Mongolian Grill (CCW, LLC) – 3006 E 53rd St – License Type: Beer / Wine Your Pie (The Gizzeria Group, Inc.) – 4520 E 53rd St Ste 400 – Outdoor Area – License Type: Beer / Wine / Native Wine Ward 7 American Legion Post 26 (The American Legion, Inc - Davenport Post #26) – 8702 W 35th St – Outdoor Area - License Type: C Liquor Azteca 4 (Azteca, Inc) – 3566 Brady St – License Type: C Liquor Azteca Mexican Restaurant (Azteca Mexican Restaurant, Inc) – 4811 N Brady St Ste 3 – Outdoor Area – License Type: C Liquor Los Portales Mexican Restaurant 2, Inc (Los Portales Mexican Restaurant 2, Inc) – 1012 E Kimberly Rd – License Type: C Liquor Sanchos (Lorbil Enterprises Inc) – 307 E George Washington Blvd – License Type: C Liquor Ward 8 QC Mart (Bethany Enterprises, Inc) – 6807 Northwest Blvd – License Type: C Beer 25. Motion approving the contract for glazing and door replacement/repair services to MidAmerican Glazing Systems of Davenport, IA. [All Wards] PASSED 2019-140 26. Motion approving the purchase of two 9,300 GVW crew cab 4x4 pickup trucks from Reynolds Motor Company in East Moline, IL in the amount of $60,318.48, CIP #24011. [All Wards] PASSED 2019-141 XIII. Other Ordinances, Resolutions and Motions XIV. Public with Business XV. Reports of City Officials XVI. On motion Council adjourned at 6:02 PM. Brian J. Krup Deputy City Clerk PO # 2019/1911752

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