Details for CITY OF DAVENPORT - LEGALS - Ad from 2019-09-17

Section 18. Section 17.10.040 of the Davenport Municipal Code, entitled “Required Off-Street Vehicle and Bicycle Parking Spaces” is hereby amended by modifying Section 17.10.040.C and Section 17.10.040.E to read as follows: C. The total number of required parking spaces is calculated by the principal use of the lot. When more than one use occupies the same lot, the number of required spaces is the sum of the separate requirements for each use, unless a shared parking arrangement is approved or such use is a multi-tenant commercial center, which has a separate requirement per item E below. The following standards for computation apply: 1. When calculating the number of required off-street spaces results in a requirement of a fractional space, said fraction is rounded up. 2. In places of assembly in which patrons or spectators occupy benches, pews, or similar seating facilities, each 24 inches of such seating facility is counted as one seat for the purpose of determining the requirement for off-street parking facilities. Floor area of a prayer hall is counted as one seat per marked prayer mat space or one seat for every five square feet in the prayer hall if prayer mat spaces are not marked. E. Parking for multi-tenant commercial centers is calculated as one space required per 500 square feet of gross floor area, rather than by the individual uses. Section 19. Section 17.10.070 of the Davenport Municipal Code, entitled “Required Off-Street Loading Spaces” is hereby amended by modifying Section 17.10.070.B to read as follows: B. Required Number of Off-Street Loading Spaces Off-street loading spaces must be provided in accordance with Table 17.10-4: Off-Street Loading Requirements. In the case of multi-tenant commercial centers or mixed-use developments, required loading spaces are calculated on the basis of each individual tenant (for example, if only one nonresidential use tenant of a multi-tenant commercial center is over 10,000 square feet, only one loading space is required; if all tenants are under 10,000 square feet, no loading is required. TABLE 17.10-4: OFF-STREET LOADING REQUIREMENTS Use Type Section 24. Section 17.14.040 of the Davenport Municipal Code, entitled “Zoning Text and Map Amendment (Section 17.14.040.D only)” is hereby amended to read as follows: D. Procedure All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Plan and Zoning Commission. Amendments initiated by a City Council, commission, or official also require an application, but are exempt from fees. 1. Neighborhood Meeting The City may require the applicant to conduct a neighborhood meeting prior to the Plan and Zoning Commission public hearing. A neighborhood meeting is not required. If the neighborhood meeting does not meet these standards or does not occur, it does not invalidate, impair, or otherwise affect the public hearing or any subsequent approval following the public hearing a. The purpose of the neighborhood meeting is to share the details of the application, answer questions, and receive feedback. b. The City may mail notification of the meeting to all property owners within the 200 feet of the subject property. The City may expand the notification of the neighborhood meeting if deemed warranted. c. The applicant must provide the City with a list of attendees following the neighborhood meeting. Number of Spaces Required Multi-Family Dwelling Total of 50 dwelling units or more 1 loading space Commercial & Institutional Use 10,000 - 100,000sf GFA 1 loading space 100,001 - 200,000sf GFA 2 loading spaces 200,001sf and above GFA 3 loading spaces Industrial Use 10,000 - 40,000sf GFA 1 loading spaces 40,001 - 100,000sf GFA 2 loading spaces 100,001 and above GFA 3 loading spaces 3. Mailed Required Notice Per Table 17.14-1, administrative exceptions require mailed notice. a. Notice will be mailed to property owners abutting the subject property as well as the property owner(s) located directly across the street. b. Notice will be mailed no less than seven days and no more than 20 days in advance of the date the Zoning Administrator may render a decision. D. Posted Notice The City may follow the following standards when posting notices per Table 17.14-1. Posted notice is not required. If notice does not meet these standards or is not posted, it does not invalidate, impair, or otherwise affect the public hearing or any subsequent approval following the public hearing. 1. The City may post notice on the subject property. 2. The sign may be posted at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to pedestrians and motorists. Properties with more than one street frontage may be required to post one sign visible on each street frontage. 3. The posting period may be no less than seven days and no more than 20 days in advance of the scheduled hearing date. 4. The applicant is responsible for removal of a sign within ten days of the issuance of a decision. E. Council Notice Policy The city council, by resolution, has adopted a public notice policy for zoning applications in order to increase transparency beyond what is legally required and to foster public participation and input. It may be amended from time to time as modes of communication evolve and knowledge of the effectiveness of our communications grows. Future amendments of this policy resolution that add modes of communication, add to types of information contained in the notice, increase the geographic scope of the notice, or increase the lead time of the notice may be passed by a simple majority vote; but future amendments that remove, lessen or otherwise diminish these attributes require eight affirmative votes of the city council membership to pass. Section 20. Section 17.11.050 of the Davenport Municipal Code, entitled “Parking Lot Perimeter Landscape Yard” is hereby amended to read as follows: A perimeter landscape yard is required for all parking lots that are adjacent to streets and alleys, and must be established along the edge of the parking lot to create a visually attractive environment. A perimeter landscape yard is also required where a parking lot is adjacent to a public space such as a plaza, public seating area, or park. The landscape treatment must run the full length of the parking lot perimeter and must be located between the lot line and the edge of the parking lot, with the exception of pedestrian accessways. The landscaped area must be improved as follows: A. The perimeter parking lot landscape area must be at least five feet in width along a street or public space. This area shall be increased to seven feet in width if it is utilized as an off-street parking space stall overhang. The perimeter parking lot landscape area must be at least five feet in width along an alley. The C-D and C-V Districts are exempt from perimeter parking lot landscape along an alley; vehicle parking must not overhang into an alley right-of-way. B. Shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity. Alternatively, a mix of shrubs, perennials, native grasses, and other planting types that provide screening of a minimum of three feet in height may be used. C. A minimum of one shade tree must be provided for every 50 linear feet of perimeter landscape yard. Two ornamental trees may be substituted for one shade tree and must be spaced one ornamental tree every 25 feet. Trees may be spaced linearly on-center, or grouped to complement an overall design concept. D. Alternatively, a low pedestrian wall a minimum of three feet to a maximum of four feet in height may be used. The pedestrian wall must be masonry, brick, or stone; unfinished CMU is prohibited. No shade trees are required. Required shrubs must be installed between the sidewalk and the wall to provide a softening effect. E. 60% of the landscape area outside of shrub and tree masses must be planted in live groundcover, perennials, or ornamental grasses. Mulch or other permeable landscape materials are required for any remaining area. PARKING LOT PERIMETER LANDSCAPE YARD Section 25. Section 17.14.090 of the Davenport Municipal Code, entitled “Site Plan Review” is hereby amended by adding Section 17.14.090.F, entitled “Minor Adjustments to Certain Design Standards” and by modifying the Sections subsequent to Section 17.14.090.F to read as follows: F. Minor Adjustments to Certain Design Standards The Zoning Administrator is authorized to grant minor adjustments to off-street parking and loading and landscape design standards when carrying out the requirement may cause a minor practical difficulty. Such adjustment may be granted when it will not adversely affect the purposes and intent of this chapter or simply grant a convenience to the applicant. G. Modifications to Approved Site Plans 1. An application for a modification to an approved site plan must be submitted to the Zoning Administrator. Modification applications must include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan. 2. The Zoning Administrator may approve the following minor modifications to approved site plans. Only those elements of the site plan being modified need to be submitted for review. a. Minor changes required during construction, as related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation. b. Exterior renovations to a building facade when in conformance with the requirements of this Ordinance. c. The modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Ordinance. d. The construction of additional bicycle or parking spaces. e. The addition of any open space. f. A reduction in the amount of bicycle or parking spaces so long as the remaining number of spaces is in conformance with the requirements of this Ordinance. g. Modifications to the approved landscape plan that does not result in a reduction of the total amount of plant material required and remains in conformance with all landscape requirements. h. The modification of existing signs or the addition of new signs when in conformance with the requirements of the Ordinance. 3. Any modification not considered a minor modification requires resubmittal of a full site plan. H. Expiration The site plan approval expires if a building permit has not been issued or construction has not begun within one year after the date of site plan approval. An extension of this one year validity period may be granted by the Zoning Administrator prior to the expiration date of the approval, if the applicant requests an extension in writing prior to the expiration date of the approval. Section 26. Section 17.14.100 of the Davenport Municipal Code, entitled “Design Review (Section 17.14.100.D.2 only)” is hereby amended to read as follows: 2. The following are exempt from Design Review Board approval: a. Properties listed on the Davenport Register of Historic Places and/or demolition of a building listed on the National Register of Historic Places, which are subject to the review authority of the Historic Preservation Commission. b. The Zoning Administrator is authorized to approve design proposals as determined by the Design Review Board. Section 21. Section 17.11.070 of the Davenport Municipal Code, entitled “Site Landscape” is hereby amended to read as follows: A. Areas of any lot that are not covered by structures or pavement must be planted with live landscaping. Stone, mulch, or other permeable landscape materials may be used to satisfy this requirement, but must not cover more than 40% of such area and must be designed so such materials are placed so that they are no higher than the height of the curb to prevent spill. Section 17.11.090 contains additional requirements for on-site tree plantings for certain districts. B. Where multi-family and nonresidential (including mixed-use) developments are located ten feet or more from a street lot line and where the front, corner side, or interior side façade is adjacent to a parking area, foundation landscape must be planted as described below. This planting area is required along 60% of the linear façade area. This percentage may be reduced to accommodate building functional operations during landscape plan review. 1. Shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity. 2. 60% of the landscape area outside of shrub and tree masses must be planted in live groundcover, perennials, or ornamental grasses. Mulch or other permeable landscape materials are required for any remaining area. 3. As an alternative, planted pots and/or planter boxes may be used to satisfy up to 30% of the total landscape area requirement if approved as part of the landscape plan. The landscape plan must show the materials and/or models of pots and planter boxes. SITE LANDSCAPE SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided. Approved: 9/11/19, Frank Klipsch, Mayor; Attest: Brian Krup, Deputy City Clerk 2. Third Consideration: Ordinance for Case REZ19-09 being the request of Mark Cross to rezone 146.98 acres, more or less, of property located between River Dr and Telegraph Rd, bounded roughly by Wisconsin Ave and S Vermont Ave to the east and west respectively, from R-1 and R-2 Single-Family Residential to S-AG Agricultural District. [Ward 1] ADOPTED 2019-364 ORDINANCE NO. 2019-364 ORDINANCE for Case REZ19-09 being the request of Mark Cross to rezone 146.98 acres, more or less, of property located between River Drive and Telegraph Road bounded roughly by Wisconsin Avenue and South Vermont Avenue to the east and west respectively from R-1 and R-2 Single-Family Residential to S-AG Agricultural District. [Ward 1]. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA: Section 1. The following described unit of Scott County, Iowa real estate is hereby rezoned to “S-AG - Agricultural District.” PART OF THE S.W. ¼ OF SECTION 32, IN TOWNSHIP 78 NORTH, RANGE 3 EAST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE N.W. CORNER OF SAID S.W. ¼; THENCE EAST ON QUARTER SECTION LINE 20 CHAINS TO THE N.E. CORNER OF THE N.W. ¼ OF THE S.W. ¼ OF SAID SECTION 32; THENCE SOUTH 15 CHAINS; THENCE W. 20 CHAINS TO THE SECTION LINE BETWEEN SECTIONS 31 AND 32 IN SAID TOWNSHIP AND RANGE; AND THENCE NORTH ON THE SECTION LINE 15 CHAINS TO THE PLACE OF BEGINNING; CONTAINING 30 ACRES. AND Section 22. Section 17.11.080 of the Davenport Municipal Code, entitled “Buffer Yards (Section 17.11.080.C.6 only” is hereby amended to read as follows: 6. Unless otherwise specifically required by the use standards of this Ordinance, such as required by the use standards of Chapter 17.08, a solid fence or wall, constructed of wood, vinyl, brick, masonry, or stone must be erected along 100% of the buffer yard length, with the exception of ingress/egress points. If constructed on a berm, the height of the berm is included and the maximum height of fence and berm is seven feet. a. The solid fence or wall must be a minimum of six feet and a maximum of seven feet in height along the rear lot line. b. The solid fence or wall must a minimum of six feet and a maximum of seven feet in height along the interior side lot line up to the abutting lot’s front yard line. At the front yard line the fence must be four feet if a solid fence and six feet if an open fence. BUFFER YARD PART OF THE NORTHWEST QUARTER OF SEC. 32 IN TOWNSHIP 78 N., RANGE 3 EAST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S.W. CORNER OF THE N.W. ¼ OF SAID SECTION 32; THENCE RUNNING E. ALONG THE QUARTER SECTION LINE 1320 FEET; THENCE NORTH 2217 FEET TO THE TELEGRAPH ROAD; THENCE IN A WESTERLY DIRECTION AND IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTH SIDE OF SAID ROAD TO THE DIVISION LINE BETWEEN SECTIONS 32 AND 31 IN SAID TOWNSHIP AND RANGE; AND THENCE SOUTH 1860 FEET ALONG SAID DIVISION LINE TO THE PLACE OF BEGINNING. EXCEPTING A TRACT OF LAND IN THE N.W. CORNER OF SAID LAST DESCRIBED TRACT OF LAND DESCRIBED AS COMMENCING AT THE AFORESAID NORTHWEST CORNER OF SAID TRACT LAST ABOVE DESCRIBED; RUNNING THENCE SOUTH 34 FEET; THENCE EAST 99 FEET; THENCE NORTH 53 FEET TO SAID TELEGRAPH ROAD; AND THENCE WESTERLY ALONG THE SOUTH SIDE OF SAID TELEGRAPH ROAD TO THE PLACE OF BEGINNING; SAID TRACT BEING GRANTED TO SCHOOL DISTRICT NO. 12 IN DAVENPORT TOWNSHIP IN SCOTT COUNTY, IOWA. AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 78 NORTH, RANGE 3 EAST OF THE 5TH P.M., EXCEPT THAT PART PLATTED AS DEER WOODS SECOND ADDITION TO THE CITY OF DAVENPORT, IOWA. EXCEPT: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 78 NORTH, RANGE 3 EAST, IN THE CITY OF DAVENPORT, SCOTT COUNTY, IOWA. COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01°38’08” EAST 1231.89 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 88°34’11” WEST 85.11 FEET; THENCE NORTH 74°38’27” WEST 114.56 FEET; THENCE NORTH 73°54’14” WEST 85.06 FEET; THENCE NORTH 53°35’06” WEST 42.40 FEET TO THE NORTHWEST CORNER OF LOT 9 OF DEER WOODS SECOND ADDITION AND THE POINT OF BEGINNING; THENCE SOUTH 57°38’29” WEST 35.17 FEET; THENCE SOUTH 03°48’27’’ WEST 92.40 FEET; THENCE SOUTH 88°29’14” WEST 143.32 FEET; THENCE SOUTH 06°27’25” EAST 171.96 FEET; THENCE SOUTH 83°32’29” WEST 70.00 FEET; THENCE NORTH 06°27’25” WEST 282.28 FEET TO THE Section 23. Section 17.14.020 of the Davenport Municipal Code, entitled “Notice” is hereby amended to read as follows: A. Notice Table 17.14-1: Notice indicates the types of notice for public hearings on the zoning applications. Certain applications may contain additional notice requirements within their specific provisions. Table 17.14-1: Notice Zoning Application Zoning Text Amendment Zoning Map Amendment Special Use Hardship Variance Design Review Planned Unit Development Administrative Exception Zoning Appeals Published Notice • • • • Mailed Courtesy Notice • • • • • • Type Mailed Required Notice • • Posted Notice • • • • B. Published Notice When published notice is required, the Zoning Administrator will publish notice in a newspaper of general circulation within the City. The notice must include the date, time, and location of the hearing/ decision, description of the application, the name of the applicant, and the address or locational description if address is not available of the subject property. Notice must be published as follows: 1. Hearing before the Plan and Zoning Commission or Zoning Board of Adjustment: No less than four days and no more than 20 days in advance of the scheduled hearing date. 2. Hearing before the City Council: No less than seven days and no more than 20 days in advance of the scheduled hearing date. C. Mailed Courtesy Notice 1. General Notice Requirements a. The city may mail notice. b. The notice should include the date, time, and location of the hearing/decision, description of the application, the name of the applicant, and the address or locational description if address is not available of the subject property. c. Nothing in this section prevents the applicant from giving additional notice as he/she may deem appropriate. 2. Mailed Notice The City may follow the following standards when mailing courtesy notices per Table 17.14-1. Courtesy notice is not required. If notice does not meet these standards or is not mailed, it does not invalidate, impair, or otherwise affect the public hearing or any subsequent approval following the public hearing. a. Courtesy notice may be mailed to all property owners within 200 feet of the lot line of the subject property. b. Courtesy notice may be mailed as follows: i. Hearing before the Plan and Zoning Commission or Zoning Board of Adjustment: No less than seven days and no more than 20 days in advance of the scheduled hearing date. ii. Hearing before the City Council: No less than seven days and no more than 20 days in advance of the scheduled hearing date. c. When a zoning map amendment is proposed by the City, notification will also be mailed to the owner of the subject property. BEGINNING OF A 315.00 FOOT RADIUS TANGENT CURVE CONCAVE WESTERLY WHOSE 49.42 FOOT CHORD BEARS NORTH 10°57’22” WEST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 49.47 FEET; THENCE NORTH 15°27’18” WEST 91.15 FEET; THENCE NORTH 66°34’18” EAST 70.68 FEET; THENCE SOUTH 15°27’18” EAST 47.45 FEET; THENCE NORTH 74°32’42” EAST 63.67 FEET; THENCE SOUTH 66°07’23” EAST 118.81 FEET; THENCE SOUTH 32°21’31” EAST 88.27 FEET TO THE POINT OF BEGINNING. CONTAINING 1.51 ACRES AND IS SUBJECT TO EASEMENTS OF RECORD. AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 78 NORTH, RANGE 3 EAST OF THE 5TH P.M., EXCEPT THOSE PARTS PLATTED AS DEER WOODS FIRST AND SECOND ADDITIONS TO THE CITY OF DAVENPORT, IOWA. ALSO, EXCEPTING THOSE PARTS DESIGNATED AS THE RIGHT OF WAY FOR RICKER HILL ROAD AND THE RIGHT OF WAY FOR THE STATE HIGHWAY. Section 2. That the following findings are hereby associated with said rezoning: Findings: 1. The subject property is primarily designated as Agricultural Reserve, but also has portions designated Open Space and Residential General. 2. The proposed S-AG zoning adequately protects the adjoining residential property from adverse impacts. 3. The proposed S-AG zoning would maintain the existing rural character of the land. Section 3. At its July 16, 2019 meeting, the Plan and Zoning Commission voted to forward the case to the City Council with a recommendation to approve. SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided. Approved 9/11/19 Frank Klipsch, Mayor; Attest: Brian Krup, Deputy City Clerk 3. Third Consideration: Ordinance vacating the excess right-of-way formerly part of Forest Grove Ct. [Ward 6] ADOPTED 2019-365 ORDINANCE NO. 2019-365 AN ORDINANCE VACATING EXCESS RIGHT OF WAY FORMERLY PART OF FOREST GROVE CT BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA: Section 1. The following legally described real property, formerly part of Forest Grove Court Public Right of Way, is hereby vacated as public right of way. Thence westerly 203.72 feet continuing along said centerline and the arc of a curve to the right, having a radius of 5,730.00 feet, a chord bearing of South 87 degrees 54 minutes 09 seconds West, and a chord distance of 203.71 feet; Thence South 88 degrees 54 minutes 02 seconds West along said centerline, a distance of 0.28 feet to the east line of a parcel conveyed to Virginia L. McCall Trust by Warranty Deed recorded as Document No. 2002-14560 in the Scott County Recorder’s Office; Thence continuing South 88 degrees 54 minutes 02 seconds West along said centerline, a distance of 88.89 feet to the Point of Beginning; Thence northerly 5.01 feet along the arc of a curve to the left having a radius of 50.00 feet, a chord bearing of North 03 degrees 58 minutes 22 seconds West, and a chord distance of 5.01 feet to the north right of way line of Forest Grove Drive; Thence North 88 degrees 54 minutes 00 seconds East along said north right of way line, a distance of 87.58 feet to the east line of said property so conveyed; Thence easterly 202.61 feet along the north right of way line of Forest Grove Drive and the arc of a curve to toe left having a radius of 5,817.00 feet, a chord bearing of North 87 degrees 54 minutes 08 seconds East and a chord distance of 202.60 feet; Thence North 87 degrees 03 minutes 46 seconds East along said right of way line a distance of 417.59 feet to the northerly projection of the west right of way line of Somerset Road; Thence South 01 degrees 44 minutes 07 seconds East along the west right of way line of Somerset Road a distance of 88.34 feet to the northeasterly line of Lot 1 in Crow Valley View 8th Addition; Thence northwesterly 23.88 feet along said northeasterly line and the arc of a curve to the left, not tangent to the last described course, having a radius of 15.00 feet, a chord bearing of North 47 degrees 20 minutes 10 seconds West, and a chord distance of 21.43 feet to the north line of said Lot 1; Thence South 87 degrees 03 minutes 46 seconds West along said north line, a distance of 134.22 feet to the northwest corner of said Lot 1and the northeast corner of Lot 4 in Crow Valley View 7th Addition; Thence South 87 degrees 03 minutes 46 seconds West along the north line of said Lot 4, a distance of 70.56 feet to the northwest corner of Lot 4 in Crow Valley View 7th Addition which is also the northeast corner of Lot 3 in Crow Valley 7th Addition; Thence South 87 degrees 03 minutes 46 seconds West along the north line of Lot 3 in Crow Valley 7th Addition, a distance of 195.86 feet; Thence westerly 34.09 feet along said north line and the arc of a curve to the right, having a radius of 5,770.00 feet, a chord bearing of South 87 degrees 03 minutes 14 seconds West, and a chord distance of 34.09 feet to the northwest corner of Lot 3 in Crow Valley 7th Addition which is also the northeast corner of Lot 2 in Crow Valley 7th Addition; Thence westerly 50.35 feet along the north line of Lot 2 in Crow Valley 7th Addition and the arc of a curve to the right, not tangent to the last described course, having a radius of 5,770.00 feet, a chord bearing of South 87 degrees 28 minutes 23 seconds West, and a chord distance of 50.35 feet to the northwest corner of Lot 2 in Crow Valley 7th Addition and the northeast corner of Lot 12 in Fry’s 1st Addition; Thence westerly 120.63 feet along the north line of Lot 12 in Fry’s 1st Addition and the arc of a curve to the right having a radius of 5,770.00 feet, a chord bearing of South 88 degrees 19 minutes 19 seconds West, and a chord distance of 120.62 feet; Thence South 88 degrees 54 minutes 00 seconds West along said north line, a distance of 34.53 feet to the northwest corner of said Lot 12 and the northeast corner of Lot 13 in Fry’s 1st Addition; Thence South 88 degrees 54 minutes 00 seconds West along the north line of Lot 13 in Fry’s 1st Addition, a distance of 54.63 feet; Thence North 01 degrees 06 minutes 00 seconds West, a distance of 40.00 feet to the centerline of Forrest Grove Drive and the Point of Beginning. The above described parcel contains 51,866 square feet or 1.19 acres, more or less. For the purpose of this description North is based on the Iowa State Plane Coordinate System, South Zone, North American Datum of 1983 (1997 Adjustment). And, Part of the Northwest Quarter and the Southwest Quarter of Section 4, Township 78 North, Range 4 East of the 5th Principal Meridian, in the City of Davenport, County of Scott, State of Iowa, more particularly described as follows: Beginning at the at the northeast corner of Outlot A in Crow Valley View 9th Addition; Thence South 87 degrees 03 minutes 46 seconds West along the north line of said Outlot A, a distance of 140.66 feet to the northwesterly line of said Outlot A; Thence southwesterly 23.25 feet along said northwesterly line and the arc of a curve to the left having a radius of 15.00 feet, a chord bearing of South 42 degrees 39 minutes 50 seconds West, and a chord distance of 20.99 feet to the east right of way line of Somerset Road; Thence North 01 degrees 44 minutes 07 seconds West along the east right of way line of Somerset Road a distance of 33.36 feet to the north right of way line of Forest Grove Drive; Thence North 87 degrees 03 minutes 46 seconds East along said north right of way line, a distance of 155.31 feet to the east line of the northwest quarter of said Section 4; Thence South 01 degrees 51 minutes 20 seconds East along said east line, a distance of 0.08 feet to the north right of way line of Forest Grove Drive; Thence North 87 degrees 01 minutes 37 seconds East along said north right of way line, a distance of 12.52 feet; Thence South 18 degrees 46 minutes 37 seconds West, a distance of 35.53 feet to the east line of the northwest quarter of said Section 4; Thence South 01 degrees 41 minutes 00 seconds East along the east line of the southwest quarter of said Section 4, a distance of 39.93 feet to the Point of Beginning. The above described parcel contains 11,594 square feet or 0.266 acres, more or less. For the purpose of this description North is based on the Iowa State Plane Coordinate System, South Zone, North American Datum of 1983 (1997 Adjustment). Section 2. That the following findings and conditions are hereby imposed upon said right of way vacation: 1. That a utility easement be provided in the vacated area for all existing utilities. SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided. Approved: 9/11/19 Frank Klipsch, Mayor; Attest: Brian Krup, Deputy City Clerk 4. Second Consideration: Ordinance amending Schedule V of Chapter 10.96 entitled “Four-Way Stop Intersections” by deleting Eastern Ave at Elm St. [Ward 5] MOVED TO THIRD CONSIDERATION 5. First Consideration: Ordinance for Case PUD19-01: Request by Juan Goitia for a Major Modification to an existing Planned Unit Development (PUD) for the property located at 1002 Bridge Ave. [Ward 5] MOVED TO SECOND CONSIDERATION 6. First Consideration: Ordinance amending Schedule XI of Chapter 10.96 entitled “Resident Parking Only” by adding Rusholme St along the north side from Ripley St west to the alley. [Ward 4] MOVED TO SECOND CONSIDERATION 7. First Consideration: Ordinance amending Schedule XIV of Chapter 10.96 entitled “Intersection Traffic Signals” by adding Hickory Grove Rd at the northernmost Cobham driveway. [Ward 2] MOVED TO SECOND CONSIDERATION 8. First Consideration: Ordinance amending Schedule X of Chapter 10.96 entitled “Two Hour Parking” by deleting Harrison St along the east side from 4th St to 5th St. [Ward 3] MOVED TO SECOND CONSIDERATION 9. Resolution for Case P19-02 being the request of Riverside Real Estate Holding LLC for a preliminary plat for a 4-lot subdivision on .75 acres more or less of property located at the southeast corner of W 53rd St and Marquette St. [Ward 7] ADOPTED 2019-366 10. Resolution for Case F19-11 being the request of Riverside Real Estate Holding LLC for a final plat for a 4-lot subdivision on .75 acres more or less of property located at the southeast corner of W 53rd St and Marquette St. [Ward 7] ADOPTED 2019-367 11. Resolution for Case F19-14 being the request of Montgomery LC for a final plat for a 2-lot subdivision on 3.4 acres, more or less, of property located on the north side of E 53rd Street approximately 155 feet east of Belle Ave. [Ward 8] ADOPTED 2019-368 12. Resolution setting a Public Hearing on the proposed conveyance of property located on the north side of E 2nd St in the 200 block, otherwise referenced as the greenspace adjacent to the RiverCenter South (Merge LLC, petitioner). [Ward 3] ADOPTED 2019-369 13. Resolution closing various street(s), lane(s), or public grounds on the listed date(s) to hold outdoor events. ADOPTED 2019-370 Davenport Schools; North High School Homecoming Parade; Thursday, September 19, 2019 6:00 p.m. - 7:30 p.m.; Closures: (Police controlled intersections) Starting at Wood Intermediate, easternmost northbound lane on Division St to Northwest Blvd, Northwest Blvd south to W 56th St, W 56th St to Oakbrook Rd, Oakbrook Rd to W 57th St, W 57th St to Marquette St, Marquette St to W 60th St, W 60th St to Myrtle St, Myrtle St to W 59th St, W 59th St to Vine St, Vine St to W 58th St, W 58th St to Gaines St, Gaines St to finish at North High School. [Wards 7 & 8] Mary’s on 2nd; Quad Cities Fall Pride; 832 W 2nd St; Friday, September 20, 2019 7:00 a.m. - Sunday, September 22, 2019 3:00 p.m.; Closure: W 2nd St east of the Post Office lot to west of 802 W 2nd St, Warren St from the alley south of 3rd St to the alley north of River Dr. [Ward 3] City of Davenport; Halloween Parade; Saturday, October 26, 2019 10:00 a.m. - conclusion of parade; Closures: Staging: 10:00 a.m. - conclusion of parade, 3rd St from Brady to LeClaire, Pershing from 2nd to 4th, and Iowa from 2nd to 4th; Parade Route: 12:00 p.m. conclusion of parade, 3rd St from Western to Brady, Western from 2nd to 5th, Scott & Ripley from 2nd to 4th, Main St from alley north of The Current to 4th St; 2:00 p.m. - conclusion of parade, Harrison from 2nd to 6th, Brady from 2nd to 4th. [Ward 3] 14. Resolution approving the plans, specifications, forms of contract, and estimate of cost for the River Dr Median Removal Project, CIP #35044. [Ward 3] ADOPTED 2019-371 15. Resolution approving the replacement of the tank membrane within Digester #3 at the Water Pollution Control Plant (WPCP). The work is to be performed by General Constructors, Inc of Bettendorf, IA in the amount of $320,000, CIP #39008. [Ward 1] ADOPTED 2019-372 16. Resolution approving the contract for the Kimberly Road Patching Project to Langman Construction, Inc of Rock Island, IL in the amount of $794,295.50, CIP #35042. [Ward 6] ADOPTED 2019-373 17. Resolution approving the FY19 Street Finance Report from July 1, 2018 to June 30, 2019 to be submitted to the Iowa Department of Transportation. [All Wards] ADOPTED 2019-374 18. Resolution of acceptance for the construction of E Locust St Pavement Improvements (Kenwood Ave to Broadlawn Ave), CIP #35032, completed by Langman Construction, Inc of Rock Island, IL. [Ward 6] ADOPTED 2019-375 19. Resolution approving change order #1 to the N Lincoln Ave Reconstruction Project (W Locust St to Central Park Ave) with McCarthy Improvement Company in the amount of $114,670, CIP #35035. [Ward 4] ADOPTED 2019-376 20. Resolution approving the plans, specifications, forms of contract, and estimate of cost for Phase II of the Downtown Decorative Streetlight LED Retrofit Project, CIP #60020. [Ward 3] ADOPTED 2019-377 21. Resolution approving the contract for West 28 1/2 St and Gaines St Resurfacing project to McCarthy Improvement Company of Davenport, IA in the amount of $148,702.50, CIP #35036. [Ward 7] ADOPTED 2019-378 22. Resolution approving the contract for the Police Department parking garage deck/joint repairs to Western Specialty Contractors of West Des Moines, IA in the amount of $249,709, CIP #23027. [Ward 3] ADOPTED 2019-379 23. Resolution approving the contract for the 2300 block of N Fairmount St Reconstruction project to Langman Construction Inc of Rock Island, IL in the amount of $344,960.46. CIP #35035. [Ward 2] ADOPTED 2019-380 24. Resolution approving the contract for the Jersey Ridge Road Patching project to Hawkeye Paving Corporation in the amount of $509,055, CIP #35035. [Ward 6] ADOPTED 2019-381 25. Resolution approving the purchase of a battery-electric ice resurfacer for The River’s Edge from CTM Services, Inc of Lonsdale, MN in the amount of $167,650, CIP #24016. [Ward 3] ADOPTED 2019-382 26. Motion approving a special occurrence permit for River Music Experience, 129 N Main St, to allow food trucks to operate outside the business along Main St during the Experience Deaf QC event from 9:00 a.m. - 10:00 p.m. on Saturday, November 2, 2019. [Ward 3] PASSED 2019-383 27. Motion approving noise variance request(s) for various events on the listed dates and times. PASSED 2019-384 Dwayne Hodges; Westend Park Party; Herington Park 935 Brown St; Saturday, September 14, 2019 1:00 p.m. - 7:00 p.m.; Outdoor music, over 50 dBa. [Ward 3] Part of the Northwest Quarter and the Southwest Quarter of Section 4, Township 78 North, Range 4 East of the 5th Principal Meridian, in the City of Davenport, County of Scott, State of Iowa, more particularly described as follows: Mary’s on 2nd; Quad Cities Fall Pride; 832 W 2nd St; Friday, September 20, 2019 4:00 p.m. - 12:00 a.m. and Saturday, September 21, 2019 12:00 p.m. - 12:00 a.m.; Outdoor music/ performances, over 50 dBa. [Ward 3] Commencing at the southeast corner of the Northwest Quarter of said Section 4; City of Davenport; Halloween Parade; Downtown; Saturday, October 26, 2019 12:00 p.m. conclusion of parade; Outdoor music/performances, over 50 dBa. [Ward 3] Thence North 01 degrees 51 minutes 20 seconds West along the east line of the northwest quarter of said Section 4, a distance of 0.08 feet to the centerline of Forest Grove Drive; Thence South 87 degrees 03 minutes 46 seconds West along said centerline, a distance of 622.25 feet;

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