Well, good evening.

Good evening, everyone.

Welcome to this city council meeting of Wednesday, January 14th.

At this time, we'll have a moment of silence.

Thank you.

Please join as Alderman Vasquez will lead us in the Pledge of Allegiance.

To the Republic for which it stands.

One nation undervisible with liberty and justice.

All right.

Brian, would you call the roll, please?

Arda here.

Vasquez.

Here.

Holloway.

Here.

Leanan.

Grip.

Here.

Newton.

Here.

Blunk.

Here.

T Dunn.

Here.

Job Jen.

Here.

And Burkholder.

Here.

Ten present, Your Honor.

All right.

Thank you.

And good evening.

I'd like to welcome you everyone to tonight's city council meeting.

Those of you with us and those watching online or on a mobile device.

Thank you for participating in your local governments.

We value your comments and opinions.

And please remember that when you address the council, you are also sharing your thoughts with fellow Davenport residents and viewers throughout the region.

City Council meetings are live streamed and recorded for later viewing on the City of Davenport YouTube channel.

We appreciate your engagement in city government and ask that your participate participation reflects our shared goal of making Davenport an even better place for everyone to live, work, and play.

Thank you for being part of tonight's meeting.

And before we begin, just a few reminders.

Silence or turn off any uh mobile devices, cell phones, whatever you might have, they can interfere with our sound system.

Um if you wish to speak on an item listed on the discussion agenda, you are encouraged to do so during discussion of that item at that time.

There will also be an opportunity to address the council during the public with business portion of the meeting later this evening.

When speaking, please come to the podium, wait to be recognized by the mayor or the committee chair, and address the council as a whole and not to one individual.

Uh and please limit your remarks to five minutes.

And also remember, let us know where you live, your address or your ward, and if you don't live in Davenport, we'd love to know where you do live.

So thank you very much for that.

Well, an alderman move approval of the city council meeting minutes for December 10th, 2025.

So moved.

Second.

All in favor say aye.

Aye.

Any opposed, same sign.

The minutes are approved.

Uh city administrator, is there an update this evening from you?

Yes, there is.

Uh, mayor and council.

Uh, this is first cycle, and we started this a couple of months ago, uh, where we do uh employee recognition.

Um it's I enjoy telling the city story.

Uh this is a small but very important part of our uh story recognizing uh city staff, uh those that dedicate their lives to uh this community.

And about telling the city story.

Um I'm not gonna shy away from telling uh the community the not so fun stuff.

Uh you know, when it occurs it's city in those moments.

I won't let someone else fill in the blanks uh with misinformation.

The community deserves it, and uh it's my responsibility.

Uh anyway, I'm hearing positive things about the employee recognitions during first cycle and next cycle uh will be the kickoff for an ongoing second cycle CFO or chief financial officer update.

It's gonna be a high-level conversation about the city's finances, talk about how we're uh trending with our uh revenues and expenses.

Also gives us an opportunity to uh speak to uh our preparedness for some of the things that might be occurring uh at the Capitol.

You know, while it might not be a definitive or final answer, it's just again sharing with the community how we're being prepared and good stewards of the taxpayer dollars.

Here we go.

Uh recognition's for tonight.

Uh we have Cheryl that started as a senior civil rights analyst.

We have Kelly, uh, that's a civil rights intake specialist uh for civil rights.

Mike Bodaker is uh our new IT director, started about this time last month.

Uh great hire so far, and he's uh really getting out and about the organization and trying to build those relationships.

Uh we have Lindsay uh that has started at the library as a youth services librarian.

Matt is a welder for the city.

Carter is a laborer and public works that started with the city.

And we have a lot tonight.

Uh Ray started as a mechanic, uh, Jacob as a plant operator, and Amadu is one of the uh police officers for the uh city.

We have uh Joseph uh has been hired as police officer, Abram uh as well, Travis.

Travis, we're gonna have that swearing in here in a couple of minutes with the mayor.

And then also new hires, Robert and uh Seth as new police officers for the Davenport Police Department.

Moving up, so these are the internal promotions uh for the city.

We have Paige that's an information services librarian, that's a promotion.

Alexia is a library assistant caretaker, and then we have Dale that was promoted to uh park technician.

Also moving up, uh, Chris was uh promoted to a police lieutenant.

James is a police corporal and field training officer.

We have Sam that uh was promoted to a mechanic for uh public works.

Also moving up, Peyton, uh street equipment operator and public works, Bryson, sewer equipment operator, and Marcia is a transit operator.

And we also have Chris uh promoted uh as a Packer driver and loader, and we actually had a retirement Sean retired uh from the Davenport Police Department at the uh rank of uh police lieutenant.

That's all I've got, Mayor and Council.

Thank you much.

Thank you for that, Tim.

I uh we appreciate that.

Uh well, alder person move approval of the report on committee of the whole for January 7th, 2026.

So moved.

Second.

Motion and second.

All in favor say aye.

Aye.

Any opposed, the same sign.

That report is approved.

We have two proclamations this evening.

Uh the first that will be read by Alderman uh Kyle Grip is uh with regard to National Mentoring Month.

So I'll turn it over to Alderman Gripp.

Uh thank you, Your Honor.

Um I read the proclamation.

Whereas January is National Mentoring Month, an annual campaign to raise awareness of and celebrate the powerful impact of mentoring relationships, recruit new members, mentors, and encourage institutions to integrate quality mentoring into their policies and practices.

And whereas the City of Davenport, Iowa recognizes the contributions of volunteer mentors who link youth to economic and social opportunity while also strengthening our community.

And whereas mentoring programs like Big Brothers, Big Sisters of the Mississippi Valley make our communities and states stronger by enabling impactful relationships that provide invaluable support and networks.

Whereas mentoring programs generally have a significant positive impact on youth academic achievement, school connectedness and engagement, and educational success, which can lead to outcomes such as improved attendance, grades, test scores, and classroom behavior.

Whereas mentors can help young people set career goals and connect mentees to industry professionals to train for and find jobs.

And whereas young people with a mentor are more likely to enroll in a college, participate in sports or extracurricular activities, hold a leadership position in a club or sports team, and volunteer regularly.

And whereas, despite the benefits of mentoring, one young person in every three is growing up without a mentor, which means a third of the youth in the United States is growing up without someone outside of the home to offer real life guidance and support.

And now, therefore, we, Jason Gordon, mayor, and the City Council of Davenport, Iowa, do hereby proclaim January 2026 as national mentoring month in Davenport, and we encourage all residents to recognize the value of mentoring, support mentoring programs, and consider volunteering their time and talents to ensure that all young people have the guidance and support they need to succeed.

Dated this 14th day of January 2026.

I move this proclamation.

There's a motion and a second.

All in favor?

Are there any opposed?

All right.

The proclamation has passed, and we have Jay Justin, Amy Barth, and Sarah Sperry on behalf of Big Brothers, Big Sisters of the Mississippi Valley.

I'll meet you right up here at the lectern, and I'll present you with the proclamation.

I'll let everybody in the room know that Jay was a mentor of mine because he was a Pony League baseball coach when I was 13 years old.

And he helped to teach me baseball, which has been something in my life that has been very impactful.

And so I certainly appreciate all the work that you've done for me and hopefully everyone in the community.

And so you know, it's citizens throughout the Quad Cities that are stepping forward to befriending and supporting uh kids in our community and giving them the resources in the communities, uh, our resources and opportunities to shoot for their dreams, and the end result is a sense of purpose and engagement in our community.

So we really appreciate your support and partnership and look forward to impacting a lot more kids in the future.

So thank you.

Thank you, Jay.

All right, thank you, Jay.

Appreciate that.

We have one more proclamation.

It will be read by Alderman Blanc, uh, entitled Slavery and Human Trafficking Prevention Month.

Alderman Block.

Whereas the United States was founded upon the principle that all people are created with the unalienable right to freedom, and added the thirteenth amendment to the Constitution, making slavery illegal, and whereas slavery within the United States today is most often found in the form of forced labor and sex trafficking, which weakens our social fabric, increases violence and organized crime and debases our humanity.

And whereas this heinous crime is found within our community, and whereas the Iowa Network Against Human Trafficking and Slavery has been working since 2005 to abolish all forms of human trafficking through education, prevention, volunteerism, advocacy, and collaboration.

And whereas even though awareness of this crime is growing, human trafficking continues to go unreported due to its isolating nature, the misunderstanding of its definition, and the lack of awareness about its indicators.

And whereas every business, community, organization, faith community, family, and individual can make a difference by choosing products that are not made by forced labor, working to protect our young people from sexual exploitation, addressing the problem of internet sex trafficking and pornography, and becoming more aware of the problem and possible solutions.

All in favor?

All opposed.

The proclamation is approved.

I just want to extend my sincere appreciation to you, Davenport Counsel, for your instrumental role in advancing the passage of this proclamation designating January as slavery and human trafficking prevention month.

Your steadfast commitment to combating human trafficking is both commendable and inspiring.

Additionally, my role as the founder of Breaking Traffic seamlessly integrated now with family resources reflects my dedication to justice and advocacy.

So thank you once again for your visionary leadership and tireless efforts in making our community a beacon of hope and justice for those affected by this highness crime.

In conjunction with the celebration of the proclamation, Iowa is asking our legislature for one million dollars for a human trafficking survivor services fund.

And that's why I gave you out this card.

While the hearts of Iowa's shines in their efforts to create essential support systems, we face a daunting scarcity of statewide resources to address this epidemic effectively.

This funding would establish a robust safety net, offering the stability necessary so that our organizations like Family Resources can contribute to help women who are most in need.

Additionally, we employ the Iowa Department of Health and Human Services to enhance restoration facilities tailored for juvenile victims, providing youth with a nurturing environment essential for healing and rebuilding.

So I urge you to connect with your own Iowa Senator and representative to ask for the one million dollars for human trafficking survivor services allocation today in the attorney general's office.

Not for the attorney general, the attorney general actually is very much for this, but it would really be used by nine social service agencies, one of which we have, which is family resources, uh, that could help people, and they are already helping survivors, but they can't help enough because they don't have enough money.

So I'm asking you to contact your Iowa state, particularly senator, because the Senate didn't pass it last year, the one million dollars, and they will have it in front of them this year.

The House will also pass it again because it's a new session.

So you can thank them, but uh, we need you to get your Iowa Senator to say that yes, they will go along with the five million, the one million dollars for survivors, and and then just thank the House members for a one million dollars allocated last year, and hopefully ask them to appropriate it again for 26.

So together, we can illuminate a path of hope for survivors and transform this hidden crisis into a narrative of resilience and recovery.

So I thank you very much.

Thank you, Maggie.

Thank you again to both uh uh Jay and to Maggie for coming down for those proclamations.

Uh moving on, we do have uh a special uh portion of our agenda tonight, which is the swearing in of uh six new police officers.

Uh I did have a short stint in my um alderman at large role on counsel as uh mayor pro tem.

I think it was nine months, not not quite a year, and I did get to swear in some um firefighters, which was uh when I was still in and for then Mayor Clips, uh, which was very special.

So I'm very excited to do this for the first time tonight with uh police officers.

So, chief, I'll meet you at the podium.

So, mayor city council Jeff Bladel, uh, your police chief, and it is an ex it's an exciting night that we get that opportunity to introduce some of our newest officers.

Uh as our city manager just pointed out, uh the six on the screen are hires that just started the academy this week, and the six we have here were able to graduate the academy uh a few weeks ago and enter our post academy.

Uh so a lot of busyness going on with the city as far as the police department and hiring.

Uh, we can't do that alone.

Uh we appreciate all the support from our council that gives us each and every day uh the ability to continue the hiring practices or HR uh city administration again.

We couldn't do uh this work without you as well as our community, and we get to welcome new family members uh as well and in supporting your officers, and we're very proud of all the work that the the your men and women are doing at the police department, and these uh men and women are going to join great ranks of police officers.

So, with that, we'll start off with our first.

Uh so police officer Marcus Hall.

And then first Marcus Hall was born and raised in Chicago, Illinois.

He attended Ashford University, where he received his bachelor's degree in criminal justice prior to joining the Davenport Police Department.

Marcus worked as a correctional officer in Clinton, Iowa, and as a police officer with the city of Clinton, where he served two and a half years.

Marcus enjoys spending time with his family and friends playing sports and traveling.

He's excited to be working for the Davenport Police Department and embracing the opportunities uh we have here.

And uh after swearing in, his girlfriend Ashley will be pinning his badge.

So raise your right hand.

I state your name.

I Mark Hall.

Do solemnly swear, do solemnly swear.

But I will support the Constitution of the United States.

And the Constitution of the State of Iowa and the Constitution Iowa.

And I will faithfully and impartially to the best of my ability.

Discharge all the duties of a police officer, all the duties of the city of Davenport, County of Scott, and State of Iowa.

As now we're hereafter required by law.

Congratulations.

Thank you.

Yep, absolutely.

Thank you.

All right, good job.

Next is police officer Keaton Johnson.

So Keaton Johnson was born and raised in Geneseo, Illinois.

He graduated from Genesee High School in 2020 and went on to attend St.

Ambrose University in Davenport, Iowa.

He earned his bachelor's degree in forensic psychology in criminal justice in 2024, followed by a master's degree in criminal justice in 2025, all while on the university's soccer team.

During the final semester of graduation, Keaton completed an internship with the Davenport Police Department, which solidified his decision to join the department.

In his free time, he enjoys working out, running, traveling, and spending time with friends and family.

And his mother, Carla will be pointing uh pinning his badge after he sworn it.

Raise your right hand.

I state your name.

I don't think following the square.

I will support the Constitution of the United States.

And the Constitution of the State of Iowa.

And the Constitution of the State of Iowa.

And I will faithfully, faithfully.

And impartially.

And impartially.

And to the best of my ability to the best of my ability.

Discharge all the duties of a police officer.

Discharge all the duties of a police officer.

Of the city of Davenport, County of Scott, and State of Iowa.

The City of Davenport, County of Scott, and the State of Iowa.

As now hereby required by law.

As now hereby required by law.

Congratulations.

Police officer Alan Rhodes.

Alan Rhodes was born in American Fork, Utah, and raised in Atlanta, Georgia.

He graduated from Chapel Hill High School in 2007 and earned a bachelor's degree in history from Jacksonville State University in 2012, followed by an MBA in finance at Columbia Southern University in 2015.

Alan previously served as a police officer in the Memphis, Tennessee Police Department, and he dedicated 18 years of service to the United States Army in both active and reserve roles.

He relocated to Iowa and worked as a contract specialist at the Rock Island Arsenal.

Multiple positive interactions with the downport police officers inspired him to return to a career in law enforcement.

Alan enjoys spending time with his wife, traveling, and renovating houses with his family, and looks forward to building his life here in the quad cities.

His wife Melissa will be pinning his badge.

Will you raise your right hand?

Yes, sir.

I state your name.

I Alan Earth.

Do solemnly swear.

He's almost right.

But I will support the Constitution of the United States.

I'll support the Constitution of the United States and the Constitution of the State of Iowa.

And the Constitution of the State of Iowa.

And that I will faithfully and I will faithfully and impartially and impartially and to the best of my ability as to the best of my ability.

Discharge all the duties of the police officer.

Discharge all the duties of the police officer.

Of the city of Davenport, County of Scott, and State of Iowa.

As the City of Davenport, County Scott, and State of Iowa.

As now or hereafter required by law.

As now and hereafter, required by law.

Congratulations.

Congratulations.

Police officer Joseph Rymers.

Joseph was born and raised in Davenport, Iowa.

He graduated from North High School in 2013 and attended Western Illinois University.

Positive experiences with the Davenport staff motivated him to pursue a career with the department.

In his free time, he enjoys spending time with his family and mountain biking.

His wife Sarah will be pinning his badge.

I state your name.

I Joseph Primer.

Do solemnly swear.

Do solemnly swear.

But I will support the Constitution of the United States.

That I will support the Constitution of the United States.

And the Constitution of the State of Iowa.

And the Constitution of the State of Iowa.

And that I will faithfully.

And that I will faithfully.

And impartially.

And impartially.

And to the best of my ability.

And to the best of my ability.

Discharge all the duties of a police officer.

Discharge all the duties of a police officer.

Of the city of Davenport, County of Scott, and State of Iowa.

Of the City of Davenport, County of Scott, and the state of Iowa.

As near as now or hereafter required by law.

As now or hereafter required by law.

Police officer Alan Whitman.

Thank you.

Alan Whitman grew up in Cedar Rapids, Iowa.

He graduated from Linmarr High School in 2018 before attending the University of Iowa and obtaining his bachelor's degree of arts and criminology.

Alan enjoys spending time with his wife, working out, watching sports, and playing video games.

He looks forward to making a positive difference in the Davenport community.

His wife Clarissa will be pinning his badge.

I state your name.

I Alan Whitley.

Do you solemnly swear?

Do you solemnly swear?

That I will support the Constitution of the United States.

That I will support the Constitution of the United States.

And the Constitution of the State of Iowa.

And the Constitution of the State of Iowa.

And I will faithfully.

And impartially.

To the best of my ability.

To the best of my ability.

Discharge all the duties of a police officer.

Discharge all the duties of a police officer.

Of the City of Davenport, County of Scott, State of Iowa.

Of the city of Davenport, County of Scott, and State of Iowa.

As now or hereafter, required by law.

As now and here by required by law.

Annabelle York was born and raised in the Quatts Cities and graduated from Bettendorf High School in 2019.

Shortly after graduation, she joined the Iowa National Guard, where she continues to serve.

Annabelle is a mother of two boys and enjoys spending time with her family and friends as well as working out.

As Mr.

Justice recently said, when we talk about big brothers and big sisters, Annabelle was a little at that point, and her big tonight has the opportunity to pin her badge, and that'll be Rose.

So it's a full circle that we talk about with mentoring, so it's good.

Great.

Raise your right hand with me.

I state your name.

Hi, Annabelle York.

You solemnly swear.

You solemnly swear.

But I will support the Constitution of the United States.

And the Constitution of the State of Iowa.

And the County Iowa.

And I will faithfully.

And impartially.

And impartially.

To the best of my ability.

To the best of my ability.

Discharge all the duties of a police officer.

Of the City of Davenport, County of Scott, State of Iowa.

As now or hereafter required by law.

As now it's hereafter and required by law.

Perfect.

One, two, three.

So again, Mayor, Council, we can't thank you enough for all the support.

I'm so very proud of the work that your men are doing.

Men and women are doing with the David Police Department, and so excited to get this new group in with that group.

So thank you very much for your time.

And this is what another round of applause.

If you want to come back and join us, you're welcome to.

If you want to leave that from that and go have dinner, I would understand that as well.

All right, we'll wait just another 10-15 seconds here.

All right, I think we can get going.

Uh, our next item is petitions and communications from council and the mayor.

Are there any uh I see Alderman Blunt first?

Oh thank you, Mayor.

I will be hosting my first ward meeting uh tomorrow evening, and it's gonna be at the Hilltop Inn of Davenport.

That's right at the corner of Brady and Kirkwood Boulevard.

That's formerly the known as the Bishop's House.

And I'm pleased to announce that interim director Tim Bleason's gonna join me at tomorrow night's meeting.

Thank you.

And I also want to thank uh extend my thanks again to the uh the residents of the fifth ward for electing me to this office.

Thank you.

Thank you, Alderman Blonc.

Alderman Grip.

All right, thank you, Your Honor.

I just wanted to uh make the public aware that this weekend is the annual ice stravaganza held Friday, Saturday, and Sunday.

Uh this is a free winter celebration put on by the downtown Davenport partnership at the freight house.

Uh this year's theme is this is Iowa.

There will be ice sculptures, uh demonstration, the farmers market, free hot chocolate, and then of course the businesses that operate in in the uh freight house will be open as well.

So again, this is uh free put on by the downtown partnership, and I just uh welcome everyone in Davenport to go down to the freight house, support those businesses, and uh do something fun in the middle of winter.

Thank you, Your Honor.

Thank you, Alderman Grip.

Alderman Vasquez.

Yes, I too want to thank the residents of the third ward and our city for giving me the chance to come here and represent them.

And I will always remember that this seat belongs to the third ward.

I will be starting ward meetings next month, and I will be coming out with details shortly.

Additionally, I'm still waiting on information to be to be provided to the council about the availability of the funds from the heritage building sale.

And there are a lot of questions I'm getting about the renovation of the centennial bridge and possible condemnation of properties.

So I want to talk about that for just a second.

Um I understand, as I understand that decisions are not going to be finalized until uh 2027.

Okay.

Um but if there are property condemnations that are going to happen, I hope that staff will deal with them with by being informative, empathetic, open, and with as much understanding as possible, because that is a huge impact.

That will be a huge impact on residents.

Also, there is an open meeting about that project.

Um it is at the current, it will be held at the current at 215 North Main Street here in Davenport, of course, on Wednesday, January 28th from 3 to 6.

And they they will be uh it's an open presentation.

You can go, you can talk and see what might be happening, what might be affecting you, you can ask questions, and uh, I would recommend anybody that wants any additional information on that to attend that meeting.

Thank you.

Thank you, Alderman Vasquez.

Alderman Lenin.

I just want to let uh the eighth ward know that uh I will start my ward meetings in February.

The first one will be on February 5th, it's a Thursday night.

It will be at Easter the Library on Eastern Avenue, and it's gonna start at six o'clock.

I will have a monthly and and the first two have to be at the library, and then I'll rotate them between there and Red Hog for the remainder of the year.

The first one tentatively, I have uh Mayor Gordon coming as a guest speaker.

So uh would love a big turnout and uh get to get these uh ward meetings started.

Look forward to it.

Thank you, Mayor.

Thank you.

Alder Woman Newton.

Thank you, Mayor.

Uh, two things one a question and one a statement.

Uh question, and actually for our council Huff.

On the code of conduct, I know we have to sign the um elected official statement.

Person to section 16, such should be signed at the start of our thing.

I didn't know if that was something that will be like picked up at a following meeting or something like that.

And then I I do think um council should at some point be made aware if there's an a colleague that did not sign the code.

So that's my first question.

Um, because the signature uh has an S test and attestation line.

Because the signature uh has an S test and attestation line, um, I would ask council just to arrange that with uh Brian Krupp as he will be signing with you, whether that's tonight or some other time that you would come in, and then I would expect that those should be completed by the time we elect um the code of conduct committee, but would prefer sooner rather than later.

Uh thank you, Council Huff.

I agree.

Sooner rather than later, I'll get with Deputy Clerk.

And then the statement, uh, I volunteer as tribute.

I know you asked last week, well, this week, last week.

Management update.

Um, if there's any members of council that volunteer to sit on the committee, I certainly would volunteer to sit on the code of conduct committee, and I want to make my colleagues aware of that.

Thank you.

All right, thank you, Alder Woman Newton.

And then just the last thing I'd say before we move on to our agenda.

Um today is the first day you can apply for Davenport U Citizens Academy.

Um I think it's its tenth iteration or tenth year of the program.

I think it's a great opportunity to learn just how complex it is to run a city government and all the um nuances that go into that, whether it's the police department, the fire department, our finance department, our public works department.

So I'd encourage you to sign up uh and apply if you have been through it and tell your neighbors or your friends at church or co-workers to sign up for it.

Uh again, it's just a great way to just get a better grasp of how cities operate because they aren't without a level of complexity.

So with that, we will move on to our first item for approval on the discussion agenda, which is a third consideration, ordinance for case ORD 25-03 being the request of leverage holdings LLC to amend Chapter 17.08 entitled Uses of the Municipal Code of Davenport, Iowa, to allow wholesale establishment as a permitted use in the C3 zoning district and add principal use standards for wholesale establishments, and this impacts all wards.

Is there anyone from the public that would wish to address this issue?

Mayor, council, my name is Tom Pasternack.

I'm Davenport attorney, and I'm attorney for the partitioner in this matter.

So at our last meeting of committee of the whole, kind of heard what the mayor's goals were, and when I heard the mayor's goals, or at least some of them, one was to increase the tax base, and the other one was to have pad ready sites.

I was smiling because I thought that's exactly what this request is for.

By creating wholesale in C3 areas that in all honesty need some help in refurbishing.

I am basically trying to go ahead and regenerate development, regenerate tax base, and have pad ready sites.

So I was very excited.

And then during the council meeting, I didn't get a whole lot of comment in terms of just exactly what the nature of the objections are.

In fact, I've gone through now five months of the zoning process, and to date I'm still kind of bewildered as to what the total arguments are.

So in essence, I'm kind of blind and dancing in the dark.

But from what I understand, it sounds like the two issues that are at least observant to me are that there's a traffic issue, and then there's council's thought that they're losing control because they're not able to uh zone specific sites.

Because again, this applies to all of C3.

So, in any event, on the traffic issue, I I guess I don't really know how to respond other than to say first off, we must remember that these are C three districts.

So, my first contention is that the permitted retail development uh, you know, would probably have the same compable trap traffic amount.

In fact, there will be more cars if what is there now is continued to be retail.

And in fact, wholesaling will actually lessen the intensity because what we're gonna have is less cars.

Well, we may have trucks, but these trucks aren't gonna be overly semis, they're gonna be box trucks and delivery trucks for the most part.

And I believe that was shared in the memo that staff provided.

So we also must remember that the roads that we're talking about are Kimberly and uh Elmore.

So and Brady, and for the most part, those are very capable and adequate of handling any traffic.

So I'm not exactly sure what more needs to be done relative to worrying about the traffic issues.

Why were those roads built?

There are C3 developments now, and we must remember that wholesaling was a permitted use, such that those roads contemplated having wholesale at the time.

On losing control, council losing control of site-specific sites.

Well, most of the C3 property is already built up.

So it's as in our application, most of the development that will occur for uh wholesaling will be retrofitting these properties.

Very little properties left to be developed per se, it is to be retrofitted.

And with that, the build out will need to comply with city standards and building codes.

So there's no loss of control there.

And I will remind council again that I've been at this for about 30, 35 years, and up till the zoning change for 30 years, wholesaling was permitted in C2 districts.

So again, I am not aware of any problems.

I don't perceive there will be any problems.

Finally, I think the biggest issue is the loss of control can be changed by the fact that council can always change it.

I'm here seeking a zoning text amendment.

But in essence, if it doesn't work out, you can hone it.

You can change it.

You can get rid of it.

All I'm asking for is the opportunity to provide for it.

I don't think that's so harsh.

Finally, I guess there could be an alternative that hasn't been discussed, but it would be to allow wholesaling in in C3 districts by use of a special use permit.

If that's something that needs to be discussed, the uh petitioner is certainly willing to have that.

But at this particular point of time, like I said, I haven't heard all the arguments, so I'm kind of flying the line.

In any event, uh, I guess we're at the final vote, and I'm always worried about optics.

So I mean the bottom line is zoning is a very hard process.

Like I said, we've been here at for five months.

We have we have to go through the criteria to get the zoning text amendment.

We have to get basically staff approvals, we have to get P and Z approvals, and all that's done.

All that has been done by the petitioner in this case.

So I guess my my question really becomes if you vote no, what's that signal?

Well, to me, it signals that you know maybe maybe you have a port isn't ready and open for business.

And was it say for our PNZ departments and our staff?

It's kind of like a vote of no confidence in my estimation.

Anyway, I heard you guys talk at community of the hall.

I mean, if you wanted to get things done, to me, a no vote means you're keeping the status quo.

And if in fact you want to keep the status quo, then to me that's about as close to doing nothing as I think you can do.

A yes vote will allow the opportunity for future development.

At least that's our thoughts.

Thank you very much.

If I could just have one more minute to finish up or not.

Uh, I we'll move on.

I think thank you, Tom.

Anyone else from the public?

Seeing and hearing no one else, uh, council Alderman Grip.

Do we need to move the issue first or not?

So okay, uh, would someone move the ordinance?

Move the ordinance.

Second.

All in favor?

Okay.

Oh, we don't, yeah.

Okay, that's right.

Now we're open for discussion.

Okay, now we're open for discussion.

I'll recognize Alderman Grip who's up first.

Okay.

Thank thank you, Your Honor.

I haven't uh really smoked spoken much on this, so I kind of wanted to lay out my line of thinking of why I support this and why I think it is a good idea.

Um, so first, let me let me say that you know we have had one uh resident who's opposed this, and when that resident uh brought the issue up, they brought up an example of Murray trucking rezoning at uh Marquette and West Kimberly in 2013.

Um, I think it's a good example because I think it actually proves why wholesaling should be allowed in the in the C3 district.

So for one thing, um, we we we need to remember that Murray trucking was not a wholesaler.

Okay, they were trucking and warehousing, which is a very intensive use that had a lot of semi-trucks, and ultimately the city council said that is not a use that we want at that location.

Fast forward a few years later, and dang it if I could not figure out which year it happened, but I think it was 2021.

Uh, a wholesaler came forward and said that they wanted to locate into that same property.

And the neighbors fully supported it, and the neighbors supported it for two reasons.

Um the hours that wholesalers keep are generally very limited, and the amount of traffic that comes into a wholesaler is far less than retail.

So the neighbors were very happy to have C3 there or to have a wholesaler there.

A wholesaler is in that location currently, has been operating for years with no complaints as far as I know.

So my first point to the council is as we're considering this, remember that uh warehousing is not wholesale.

Those are they're two different things, and we are looking at wholesale, not warehousing.

Um my second point is that wholesale is a lower intensity use than retail, which is allowed by right in the C3 district.

So just like I I said in that example, wholesale wholesalers usually have more limited hours, so they're not open until 10 p.m., 11 p.m., or as Walmart used to be 24 hours, they usually keep business hours, and then they typically don't have really heavy retail traffic.

You have more box trucks and then a few um a few customers throughout the day.

So they're actually less intensive than retail.

So if you're going to allow retail in that that district, which we currently do, you should allow a lesser intensive use, which I think wholesaling is.

All right, and then uh Laura had provided a map on C3 zoning in the city, and if you look at that map, except for there's like one or two outliers with single properties.

If you look at that map, almost all of the three C3 in our city is on Brady Street, street state highway, Kimberley Road, State Highway, 53rd Street, highest volume street in Davenport, maybe in the Quad Cities, and Elmore, main retail corridor in the Quad Cities.

Okay, these are heavy traffic, heavy volume streets.

Um these streets were built for this type of traffic.

And so my my question would be if if you can't put uh wholesale on those streets, where in the city can you put it, right?

Um so then uh my next point would be um we we've heard that wholesale was allowed in C3 prior to the zoning change in 2019, and that is true, and in fact, currently we've got legal non-conforming wholesalers who are operating in C3 because they're they're grandfathered in.

And to be honest with you, I hear little issue from residents that they had that they're having problems with wholesalers uh being in C3.

Uh, one argument that I've heard from the council is that you know, if it was taken out, it must have been taken it out for a reason, and shouldn't we keep it in, keep it in?

And I think that's a fair question, and it has validity, and we need to consider that.

Um, but my fourth point would be that zoning is dynamic and it's evolving and it takes into consideration a lot of different factors, including economic needs, uh changing market demands, populations, etc.

So since 2019 zoning change, uh the retail world has really been flipped on its ear since COVID, right?

So we had COVID-19, we had rapidly evolving technology, and we had changing consumer purchasing habits.

So retail is vastly different than than it was in 2019, and so is commercial real estate.

Um, so I think that gives us reason to reconsider should we bring this back into the zoning district.

And then in addition, sometimes you make a change to the zoning code and you get feedback from the public or the business community or whomever that there were unintended consequences that you may not have seen.

And I think that I think that's the case here.

So my final point is, and and I'll be quick with this one, is that um this was recommended came to us with a recommendation from approval from staff in my community development meetings uh in the prior year with uh former Alderman Reinertz and myself.

We heard no concerns from our staff, um, and it passed PNZ, and it is coming to us with a recommendation of approval.

So my my five points were wholesaling is not warehousing, it's less intensive.

Wholesale is a lower intensity use than retail, which is already allowed in C3.

C3 is located on state highways and high volume streets.

These streets are designed to carry this type of traffic.

Uh zoning is dynamic and evolving, taking into consideration population changes, economic needs, changing markets, etc.

And this is coming to us with a recommendation from staff and P and Z.

And those are the items that have me uh supporting this item.

Thanks for listening to me.

Thank you, Alderman Grip.

Uh Alderman Jobjon.

Thank you, Mr.

Mayor.

Um, as usual, I won't be as eloquent as Alderman Grip, but um I also want to share some of my thoughts, been pretty quiet on this.

Um, I am supportive of this uh text change.

Um, you know, as pointed out, one of the bigger areas of C3 development in the city of Davenport is within the sixth ward along that Elmore um Elmore district.

I have big concern about some of these big box retailers that are no longer in use, right?

I mean, some of these big box stores that are just sitting vacant.

Um I say thank you to someone who has technical expertise in this area and commercial real estate world of kind of stepping up and saying, hey, maybe there's something we could do to improve upon the situation.

And so again, I'm I'm supportive of this.

I don't have you know too many concerns of I've heard from um some of my colleagues, but I think there are steps in place to you know make sure that uh public safety is is addressed.

You know, we have um building codes, we have fire codes, we have you know staff from fire that are gonna be going in and you know inspecting and doing everything there.

So I don't I don't think anything's gonna slip through the cracks that's going to be um concerning to any neighboring residents to the to the west if we're talking about Elmore.

Um of the things I've also heard from some of my colleagues is questions about can we maybe not make this change but then look to uh rezone certain parcels industrial, which were which uh wholesaling is allowed.

I I absolutely do not like that idea.

Um, I think we'd probably get into some spot zoning issues, b there are uses within in the industrial zoning districts that I absolutely do not want along Elmore, Utica Ridge, 53rd, Kimberley.

And so again, I think the best course of action for us is to um to make this text change.

Uh one of the things brought up by attorney Pasternak that you know I think isn't a horrible idea.

Um, but you know, if we're looking for another layer of of kind of insurance, and and you know, we don't really have the control, but if we say instead of uh um of permitted use, it's a special use, you know, someone looking to go into some of these uh facilities and make uh make it uh a wholesaler, you know, they would have to go to the ZBA.

And so you know that that is a that is a layer of insurance, you know, another check that that somebody would have to go through.

Again, it's not us, but um, I think that's something and I something I would consider, but um really my preference is um is uh you know sticking with this ordinance as as written in the text changes as is.

So thank you.

Thank you, Alderman Jones.

Alder Woman Newton.

Thank you, Mayor.

You know, they say there's two sides to every coin, so let me flip that coin around real quick.

Um first I appreciate that we have four new electeds, um, aldermen, five of you include our mayor, and this is the third consideration of this uh proposed uh change in code.

So I do think it's important that everyone fully understands all information before moving forward.

So I don't know if someone from staff can come up to answer some questions to ensure that my understanding of what's before us is in fact the correct understanding.

And if you don't mind, uh I'm gonna have uh Laura Berkeley uh development and planning administrator, uh Bruce Berger, uh Director of Economic Community Development from an Econdev standpoint, and uh Chief Vanderwear from a hazmat uh standpoint in case uh we have multiple questions.

Send them all.

Thank you.

Thank you.

All right, so my understanding, and I just want to make sure I understand what's correct.

The matter before council is a zoning code text change.

Correct.

Okay, and it deals with C3, correct?

Correct.

Okay, and the change goes to permitted use in C3.

Correct.

Okay.

And previously wholesale was allowed in C3, but council made the decision to remove it in 2019.

It was part of the yes, but let me clarify.

Um repeal and replace code.

So it was uh not singled out individually, it was part of the entire city's complete repeal and replace of the zoning code.

But council at that time took it out.

Okay, and once it is changed, the council loses control as to what can go in there so long as it meets the definition of wholesale.

Is that correct?

Okay, what is the definition of wholesale?

So that definition.

Sorry.

Uh a business where goods are sold to either retailers or to industrial, commercial, institutional, other professional business users, or to other wholesalers and related subordinated services.

Um by the type, obviously, wholesale is different than just your regular retail, although it does still falls under retail, correct?

It's a form of retail, yes.

Because they're selling in bulk, is that correct?

Correct.

So there may be bulk containers or storage of whatever the wholesale item is.

In theory, yes.

In theory, okay.

Um samples are provided to council in one of the memos regarding some of those possible wholesale uses.

Correct.

Yes.

And I think those samples included restaurant supply stores, office furniture companies, medical supplies, plumbing, HVAC, electrical supplies, construction, correct?

Yes.

For the record, I think all those would be great uses.

Um and I would have no issues with any of those mentioned.

However, we didn't provide any bad samples to council, correct?

Of what a possible wholesale use could be that perhaps council would not want, right?

I'm not aware of any, but yeah.

Okay.

Um in theory, could wholesaler that sells hazardous materials go up in there?

Per zoning, yes, other regulatory bodies have other oversight.

Uh, what about flammable materials?

Again, same.

Or combustible materials.

Same.

Okay.

And if we make this a permitted use, then council can't change that, correct?

Correct.

Once it's in there.

So I just want to make sure I understand from the suggestion made by my one of my colleagues.

We make the change, something comes in that we don't like.

And by we I mean the people of Davenport.

They start blowing up my email, they have an issue with it.

We say, uh-oh, let's change this back.

Are they now grandfathered in?

Correct, yes.

So we're stuck with that, correct?

Are there examples that you can think of where there's been changes and there's been unintended consequences in the city of Davenport?

I'll look to my colleague over here to my left, maybe first ward.

Um yes, I'm sure there are.

Would Rockingham Road perhaps be the corridor be one of those examples?

Yeah, I'm I'm not sure something specific you're referring to, but um it happens throughout the city.

Okay.

Now, in terms of what information was provided to council, it was provided that it came from planning and zoning on a unanimous vote, correct?

Correct.

Okay.

But planning and zoning had concerns, correct?

Oh a commissioner did, yes.

Okay.

Um, staff had concerns too.

Did staff not have concerns?

Um, we had a very good conversation to address her and recognize those concerns.

Did staff not have concerns regarding outdoor storage and C3 abutting to residential neighborhoods.

Um I think we talked through scenarios at that meeting, yes.

Okay.

I guess I'm a little surprised as I sit here today hearing that petitioners not aware of concerns because I actually went back and watched the November 4th meeting, and in watching that meeting it appeared that there were um concerns raised, um, such as the hazardous materials, correct?

Yes, but that was specifically what was discussed, yes.

Or the you know, and what could lead to explosions, is that correct?

Yes.

And one of the commissioners even made uh comment that such has actually happened in the quad cities, correct?

Yes, I think that specific instance isn't a wholesaler, that would be a manufacturer where that happened.

Okay, but in theory, obviously, if you're a wholesaler of these types of chemicals or materials, in theory, that's something that we would have to consider as a possibility of could happen.

Yes.

Okay.

Um was it not also an issue of how close this could be to residential neighborhoods?

That was her question on if the zoning regulation should include distance separation when in and when dealing with bulk hazardous material.

Okay, and in fact, some of the C3 does abut to residential neighborhoods, it's not just C2 that abuts to residential neighborhoods, correct?

Yes.

Okay, maybe you can uh deputy clerk, could you perhaps put the map that we were provided that's part of the green sheets so that she can so in looking at the C3 zone overlay map is the maroonish red color the C3 zone?

Yes, okay.

So I'm gonna start where it's easy to identify the top right-hand corner.

Um so right next to uh what's Utica and between Utica and 74, is that a neighborhood?

Yes, and residential?

Yep, and it abuts right up to C3.

I'm not sure if there's anything that separates it from this map, but yes, there it's close.

Okay, and then if we keep looking at the bulk of the maroon red going down, kind of following 74, it's it's kind of on the Elmore side, correct?

Like it's on Elmore, the C3 zone.

Okay, and to the immediate left of that is that residential neighborhoods.

Yes, uh, although most of it's buffered by a creek.

Although most of sorry, most of it's buffered by the creek.

By a creek, okay.

But it's fairly close, yeah.

Correct.

Um I heard a comment that there hasn't been that many neighbors coming to complain, correct?

Is it true that the neighbors did not receive any direct notice of the situation?

Per the process in our code, uh, there's no direct mailings associated with text changes.

Correct.

Because the only thing that you have to do is publish a notice with the Quad City Times, is that right?

Correct.

Okay.

And no offense to the Quad City Times, but not everyone reads those notices.

So could it be that the public is not yet outraged because the public's not aware?

In theory, uh there was a news story on Channel 8 that did highlight it.

Okay.

Now the all the issues brought forth at the commission meeting were not then addressed by the conditions set forth in the green sheets, correct?

Correct.

Okay.

Is there a reason why the issues that were brought forth, such as the wholesale of hazardous materials and or the actual location being in closer proximity to a residential neighborhood than perhaps what the people in that neighborhood would want?

Why were those not made a part of either a condition and or council received notice that that was an issue with planning and zoning?

Um so the first part, it wasn't brought forward as a condition because in speaking with the fire marshal, um, there is adequate coverage and separation requirements associated with the fire code.

Um you felt no additional cover or support from the zoning code was necessary.

Um the plan and zone commission just asked that I continue that dialogue while it was moving on through council, and I did that, and I I updated the chair, P and Z chair to that effect.

Now related to the second point, uh, it was a commissioner.

So the general consensus is what we what we summarize to you, and she did in fact vote unanimously with her colleagues to move it forward as proposed.

But just so I understand correctly what took place, wasn't it made?

What didn't the city make the planning and zoning commission aware that they should move it forward and the communication would continue with council?

Through council, yes.

Okay.

Um in this scenario, so again, I'm guessing I'm a little confused as to why council was not made aware of such, and quite frankly, but for me watching the November 4th planning and zoning meeting, I too would not have been aware that these are some very good concerns raised and something that we should look at.

Um I understand your concerns associated with that.

Um, and my dialogue with the Plan and Zone Commission was to carry it forward to the fire chief.

And if the fire chief felt additional things, we would have brought forward a proposal to amend it immediately.

It was not felt like that was an issue, and therefore it was not raised further.

Okay.

All right.

The petitioner today uh made a statement in regards to a special use permit, correct?

Yeah can you explain to me how that would look like assuming in regarding a it would require a different text change, but in theory, if we went down that avenue, what would that look like?

Sure.

Um council elected to amend the current odin ordinance to read a special use instead of permitted, which you may choose to do.

Um an applicant would require, uh would be required to submit an application with the location of where a wholesale use would be established.

Um with that, they are required to have a near complete site plan associated with it.

So how it would operate is usually looked at.

We look um the approval standards are uh just off the top of my head.

Um they look at public health safety and welfare, they look at the spirit intent of the code, um, and they they look at uh conformity with adjacent properties and they pack to immediately adjacent properties.

It goes through a public hearing at the zoning board of adjustment, um, so it's advertised in the quad city times, and then 200 the property owners within 200 feet of the property would get a letter uh in uh notifying them of that public hearing and the request.

Okay, so in in theory, if a wholesaler who you know wholesales hazardous materials wanted to use that, if we went in that direction, the residents who would be affected by such would have the opportunity to be heard by council.

Not by council, no.

Okay, they would have the by the zoning board of adjustment.

Okay, and then the zoning board would make the decision, correct?

Correct.

And especially in going in that direction, then there would be no need for a for this text code change that is before us that is a blanket change, correct?

Um what I would say is staff recommendation would be to change it from the P in the matrix to an S, otherwise it would not have the opportunity to go to the zoning board of adjustment.

Okay.

But we wouldn't have to, I guess my question is more specific.

As that we wouldn't have to add wholesale as a permitted use because it would no longer be an automatic permitted use.

It would be a special purpose.

You would need to add it as a special use.

Special use, correct.

And that would allow some oversight, correct?

Yes.

Um, one more question.

In looking at the middle of the map, um, where is that the North Park Mall area?

Um, so directly south, it's where the car dealerships are right now.

Okay.

And where does North Park Mall fall in this map?

Um it's directly north.

Um, it's in a separate zoning district, known as city center.

So North Park is not affected by the C3.

Correct.

Okay, thank you.

All right.

I think that you've answered my questions.

I don't have any for our fire marshal.

Thank you, sir.

Did someone say something?

Okay.

So I will be honest.

In listening last week to some of the concerns brought forth by my colleague.

I thought long and hard, and sometimes we end up with unintended consequences.

And it as we've heard already, this is not a situation where if we get something we don't want, we can just simply change it back.

I mean, they're then grandfather in and we're stuck with it.

I am in support of wholesalers in C3.

That's not the issue whatsoever.

The issue is a blanket change to all of C3 without any sort of limit on what types of wholesalers, because and I mean, if you look at C3, there's some locations where maybe a certain one would be okay with the residents or those that are close by, and maybe not so much for another.

I think I'm not in support of this today.

I would absolutely be in support if a text change came as a special use permit or allowed wholesale as special use, and I think that would be more appropriate and would ensure that we don't end up with any unintended consequences.

So that's kind of where I stand today.

Thank you.

All right, thank you.

Uh Alderman are done.

Excuse me.

Thank you.

That's a tough act to follow.

I remember when we did this amendment back in 2019.

The reason we put some of these uses in I one because they were a concern.

Not all, not all uses are bad.

Some of them fit this area, some of them do not.

That's the problem.

That's why everything went to I one, because we our colleagues, our staff at the time, were concerned that we would have these unintended consequences.

So that just changing this all together like this concerns me because what happens is you're gonna get something you don't want.

Not if it's when you know what's gonna happen, and just like you know, when we did this zoning change, you know, we had certain things I was told, oh, all these good things you can have here, and but they never told you all the bad things you could have when the bad things came, couldn't do a damn thing about it.

Who'd they scream at?

They didn't scream at staff, they didn't they didn't scream at anybody, they screamed at me, and they said how did this happen?

And of course, um staff got to throw their hands up and say council approved it.

My colleagues they nobody's screaming at them, they were screaming at me, so I don't have any C3 in the first ward that I know of all these issues, all these businesses that that could be a concern are an I1, and they were zoned that way for a reason.

So I you know, I have a real hard I struggle with, you know, a lot of these lot of these places could be good businesses, not but not all good business fits.

And and now you're gonna do this, you're gonna change all this whole process, and it doesn't matter.

The neighbor if a company wants to go in there and they want to sell whatever, whatever, and the neighbors don't like it, too bad.

Because I've been told, you know, I I go to staff well, council approved it.

Go to legal and say it's a legal conforming use.

Sorry, can't do anything for you.

So would you say you can come back and change things?

I I'm just asking to be careful what you wish for, because like I said, a lot of these lot of these things that could fit in here could be great, could be great.

It's the one or two that you're gonna get that are gonna cause you a lot of headache.

So that's all I got.

Thank you.

All right, thank you.

Uh Alderman Holloway.

Thank you, Mayor.

Um, Davenport is indeed open for business.

If we had a project before us that needed an adjustment to C3 to make it um pass or to make it go, I'll be open and willing to listen to that.

But as we see here today, there's not a specific project that's before this council.

And we're being asked to make a change for the sake of change.

And I am not ready to make a blanket change based on um the promise that we'll um put in good items.

I would love for um if we need to make a change that a project comes for this council that needs a special use permit or needs some type of adjustment to the zoning.

Let's hear it.

I think that'd be the proper way to make sure that we're doing what's best for the city of Davenport, and that is my goal.

Thank you, Your Honor.

Thank you, Alderman Holloway.

Uh Alderman Lennon.

I spent the last 30 years uh developing.

I spent the last 30 years uh developing the economy, uh, whether I was building buildings myself or helping members uh build buildings.

So I am an economic development guy, I don't want to throw up roadblocks.

Uh that being said, I also have a responsibility to the constituents of my ward and the citizens of Davenport.

Uh, based on Alderman Grip's recommendation last week, I did drive around to the four areas in the eighth ward.

And I have no concerns about the traffic.

I they're all major artery roads.

I'm not worried about the traffic.

I see semis on them all the time.

Uh what I am worried about is the four, three of the four.

I'm talking uh the car dealerships on 53rd, they've got Stone Gate Circle to the south of them.

I'm talking menards, they've got residential to the west of them, and I'm talking in behind Pizza Shack and the and the uh storage units, there's residential to the west of them.

So I am concerned about those areas.

Um I like I said, I I want to uh you know not throw up roadblocks, but the the proximity of neighborhoods to these areas and not knowing what could potentially go there after we would potentially approve something like this is uh concerning at the very least.

And I just uh I would support as well.

I don't want to beat a dead horse if we could get some special use language in there, I'd be all for that, and you know, case by case, not a problem, because I do not want to throw up barriers to businesses, but I also you know, I'm my daughter and my 15-year-old, 15-month-old grandson live in one of those areas that's probably two to three hundred feet away from a C3 district in Stonegate Circle.

So uh it's it's a delicate balance, and these decisions are tough, but that's that's where I'm at.

Thank you.

Thank you, Alderman Lehman.

Uh Alderman Vesquez.

I was reading a bunch of okay, I'll get this.

Hang on.

Um I was reading a bunch of the communications uh among staff um this afternoon about this, and and the thing that came out of me was a comment that that was made that said essentially passing this allows unknown uses, may allow unknown uses that may not be appropriate for this corridor, was a comment that was in there.

And I also understand the development and everything, but we still don't know what's exactly gonna go in there, and if there's any chance it can't be changed, and neighbors are don't have a voice, I don't like it.

Okay, Alderman Blunk.

Uh just uh quick question.

How many vacant box stores are in this area?

Okay, thank you.

I just uh turned and asked a quick question, unless uh Sam, you do, but uh staff are unaware.

Okay, Alder Woman Newton for the second time.

Thank you.

Uh briefly on the second time.

One thing I forgot to mention, I want to make it unequivocally clear that I am pro-business.

I am pro-economic development.

I'm a small business owner, I own three businesses.

So I mean you're preaching to the choir when it comes to growing business and economic development.

But when I look at these types of issues, I put on my hat as my job is to look out for the people of Davenport and to do what I think is in the best interest of the city.

And as I made it clear on this, like I think wholesale should go there.

My concern is that not all wholesale, because not all not all of it would be what would be best for the residents in any particular area.

So I am voting no today.

I am I would very much encourage the petitioner to bring forth a petition to add a special use to that category to where it can go in that manner.

Um and then we will go from there.

Thank you.

All right, thank you.

And then also Alderman uh Jobjan for the second time.

Just uh sorry for a second time.

This is probably just a question for our corporation of council.

So in light of uh what Alderman Newton um made mention of.

So hypothetically, this gets voted down tonight.

Petitioner then comes back with something that says, well, I want the text change reads special use.

What does that process look like?

Does it have to go all the way back through P and Z?

Um does it have to wait a certain time.

I'm just just curious there if it's or is it just as easy as a next next cycle?

Um we got that coming to us.

Okay.

I wanted to clarify a point.

Council can tonight motion to amend the ordinance as it's currently written to read special instead of permitted.

I want to make that clear.

It's it's changing the ordinance in front of you.

Um, but if you do vote it down, I would have to confer with corporation council, but I would have to determine if that's a substantial change.

If it is not determined a special substantial change, it's done for a year.

I can't come back for a year.

But they either way it's voted down tonight.

They have to start the process over either way.

Uh, so it goes back through the three-month process to come back through.

But I would have to determine if that's substantial enough of a change to it be even uh able to come back within a year.

And then just I guess the follow-up to that, you know, is it necessary or is it just probably maybe nice manners to get the petitioners uh sign off on if you're gonna make a make an amendment like that?

I mean the one bringing it, yeah.

We have that we have that purview, but kind of what's the probably the best uh recommendation would be to bring the petitioner up and discuss it further with that.

Okay, well thank you.

I'll let one of my other other colleagues do that if they if they desire.

Otherwise, um, just just thinking through again.

I'm I think I think we're best off leaving it as is.

Um I don't know if I want to look petitioner if well actually I take that back.

Mr.

Pashnak, would you come on up?

I think you I think you kind of alluded to this.

Um, I opened the door.

So I mean let's let you walk through it.

So can I ask you a question then?

Um is that something that would be amenable if this ordinance were amended to read?

Um uh let's see here what we would probably do uh wholesale established as a special use in C3 instead of uh permitted use.

Is that something that I would I would believe that that would be satisfactory to me based on a third vote?

Okay.

So I guess the issue would be is if if council is sufficiently thinking that that's adequate to move this forward for a vote, or if in fact we need to think about specifically putting uses that you would like in C3 that would make everything good and those other uses that you find prejudicial or harmful as special use would probably be even more beneficial from my client's perspective.

So I would then recommend maybe tabling a cycle or two to provide for that language.

Thank you.

Thank you.

All right, so I guess in light of that, um, I hate beating a dead horse and and doing that.

Um I will I will make a motion to postpone one cycle, but I will pause just a moment just to see if there happens to be any other comments from my colleagues.

Currently, do have one more speaker, so maybe hold on to that um motion for a second.

Alderman Grip.

Yeah, um, so I I did want to bring Laura up for a question, and then while she's coming up, I would just comment uh to Alderman Jobin.

If you plan on postponing, I would do more than one cycle so that it doesn't come back next week.

Um two or three cycles, I think would be good.

And I think if you're really going to limit the types of wholesalers in the district, you would need to give the staff the time to research what that might be.

Like I I'm not uh aware of any certain types of of wholesalers that uh I wouldn't want in the district.

I know there was a couple of examples.

I don't know what those companies would be, so I think there's some research involved in that.

Uh my um now I've lost my train of thought.

I want my question for you was Laura.

Um is there is there a way without making it a special use?

So making it a permitted use, is there a way to amend the text to state what types of wholesalers are allowed in the district?

And might that also be something that you look into if this does indeed get postponed.

I would need some time to to confer with uh the fire chief and and the fire marshal.

If if it's just if from what I'm hearing specifically, it's hazardous material.

If there's something else that I'm not aware of, I would need to know in order to investigate further a way to um have that clearly outlined that in C through districts and following types of wholesalers would not be permitted.

Okay.

And I yeah, and I mean, this is the conversation of trying to do that, is it's very difficult to kind of define what a hazardous material wholesaler would be because that is uh it's based off of quantities and what type of chemical it is, and it's a a long chart associated with that.

Uh so still fully support this, uh, understand that there's concerns with the number of colleagues.

So uh I will also support Alderman Joven's uh motion to table it.

I would just suggest you table it for two or three cycles or uh indefinitely to give staff an opportunity to bring back something um look at it and then bring something back.

Thanks for the time.

Okay, thank you.

Uh Mr.

Gleason, I see that you're in the queue.

I did have a quick uh point that I wanted to make.

Uh, and again, not trying to lead this uh conversation, you know, from the city administrator's chair, but with what Alder Woman uh Newton was sharing as a possibility that was discussed.

I would like to pass the uh mic over to uh corporation counsel Hoff to explain what this council, if you choose, could do tonight uh in amending uh the item that's before you if uh if if you're willing so tonight, really the the option that I would recommend is uh a simple change would be instead of permitted use to be special use.

If you're looking to further define the um types of businesses you may want to see there, that's gonna that may take more than just this text change to do.

Um we may have to look at definitional changes and things of that nature.

Um so that would be some I I would you can of course amend any way you please.

I just think trying to do that type of a uh granular amendment would be very laborious and difficult to do from the floor.

Uh changing it to special use and relying on um the commissions and and boards that this council appoints to safeguard um though would be something I think is is manageable to change tonight.

As to Alderman Joven's question as to timeline, um I can't speak to the year requirement.

I'd have to look and see if there's any legal precedent for if changing permitted use to special use is considered substantial enough.

Uh, but if it was changed if it was voted down tonight, the soon as it come could come back is work after it works its way through uh the process again.

So which would be what I think five five cycles probably well, five months, so but yeah.

Okay, thank you for that.

We have uh okay, we're lighting up.

All right.

Uh Alderman Holloway is next.

Thank you.

Um that pretty much answered my question.

I want to see, would it be possible for us to make a amendment to the motion tonight to go from permitted to special use?

Could we make that motion now?

Is it the is this the appropriate time for that motion?

I know there is a motion.

Alderman Jobson has one on the floor, but can't we make an amended motion to a move, take out permitted and go to special use?

Yes.

So um there is no motion pending on the floor yet.

Um so that's first, and that's good that you realize to ask that part of it.

Uh yes, this would be the appropriate time if you wanted to make a change to uh like I said, a simple change.

Okay, but you would be bound by the restrictions of what's required within our zoning code for a special use.

So as long as everyone feels clear that they know what the process is for that, um you're you're within your well within your bounds to do that um tonight from the floor.

So that would just be a um if you wish to do that, I would say um when we're talking about order of motions, you are your motion would have to uh come out faster than Alderman Jovian's.

Let's put it that way.

Once a motion to table comes, um, it kind of stops everything, and then you have to go through that process.

So I would like to make the motion to um change the text when permitted to special use in C3 zoning district and add principal use standards for wholesale establishments.

All right, there's a motion and a second, so I believe that ends all discussion.

Um it doesn't end all discussion, you now have discussion on the amendment.

Okay, and if there's discussion further discussion on the amendment and whether or not uh council wishes to move forward on the amendment.

Okay, so now we will entertain discussion on the amendment only, and uh Alderman Jogen is first.

Thank you, Mr.

Mayor.

So sorry, I'm gonna get down the matrix a little bit more here.

Um so if this motion is made and passed, right?

Everything going forward is you know, considering considering this ordinance, this text change with the special use instead of permitted use.

So I guess my question is um if it's better off for us to maybe take a little time to see if this is actually what we want to do.

If we actually want to make this amendment tonight, right?

Or if there's maybe some extra time, maybe we get three cycles to uh think about it a little bit, talk to the petitioner, talk with the staff, and all right, is this really what we want to do?

Um can that motion either be rescinded or is it if it gets voted, if it gets voted down, then can that not come back that way?

Um right, so it can either be voted beginning to take the vote and it's voted down and we return back to the item on the floor as previously written, or um, because we have not voted yet, Mr.

Holloway wishes to withdraw.

Hold on, give me one second because there is a second, just making me look at the rule real quick.

Yes, so but prior to the vote being taken, as long as the offer of the motion withdraws the motion, that can be done as well.

Okay, thank you.

So then I guess just to my just to my colleague.

Um I don't necessarily disagree with with that amendment, but you know, in light of just the conversation we've had tonight, it might be better to give ourselves a little time, right?

Especially for some of the newer colleagues that are just maybe figuring some of the stuff out a little bit and you know, give you a little little breath from the from the fire host.

So I think I my preference would be to not vote on an amendment tonight.

I'd rather give ourselves a little bit more time.

Um again, I don't want to belabor anything, and I know the petitioners and staff have gone through uh laborious amounts of time and would rather see this done, but I I think that's probably the fair, so that's just where I'm at.

Thank you.

Okay, thank you, Alderman Jogen.

So uh I guess just to clarify where we stand, we have three individuals who still want to speak.

That would be on the amendment that was just made and seconded.

So with this that's correct, unless one of those members is uh Mr.

Holloway and he determines that he wishes to withdraw, and then I would say that potentially it could be taken out of order.

But if not, if that if that's not there, then proceed with those.

Okay, so Alderman Holloway is currently not uh has his mic on to speak or in the queue.

Do you do you want to have the discussion continue, or do at this point do you want to make that motion to withdraw and alderman group couldn't I'd like to hear my colleagues have to say okay?

Uh Alderman Ardon.

I'll make a quick I agree with Alderman Jokin.

Uh Alderman Lehman.

This is for my education more than anything, but so if it goes to special use that gets passed that way, it goes in front of the planning and zoning board.

They will notify neighbors within so many feet that there's a gonna be a hearing, and it does not come in front of council again.

That is correct.

No, you've got one more step.

Sorry, it's got one more step in there.

I'm sorry.

Um so it goes to the zoning board of adjustment adjustment, um, which is a separate um entity from the plan and zone commission.

Um so they do a public hearing, uh, neighbors within 200 feet, property owners within 200 feet of the subject property are sent a letter and invited to the public hearing for public comment associated with that, and have the opportunity to either ask questions of the petitioner or of staff related to that, and we would look at that specific property and what they're proposing.

So we do require a full uh near complete 90 percent uh site plan associated with that, so you have a better understanding of what you're actually working with.

Thank you.

Yeah, I would but sorry to his point.

Does it ever come back?

It does not come to council, it stays zoning board of visit the adjustments decisions are final.

Um, if there's an appeal to that, it goes into the court system.

Thank you.

Yeah, to Alderman Jobjan's point, I think uh it wouldn't hurt me at all to have a little bit more time to digest this a little bit rather than doing something tonight that we might I might regret.

Okay.

Uh Alderwoman Newton.

Thank you.

Start off by first saying that there was two sides to a coin, and on this one, I actually land on the same side as Alderman Jobjan, in the sense that I don't think that's something that we should vote on tonight for several reasons.

Um, one, I think taking a step back to fully understand what that means, what the procedure would be, and if that is the best way forward for the city, I think is important.

Um, secondly, I have an issue with voting on something that was never actually made uh a public issue.

So the public was never provided notice that hey, we're considering the changing this to special use.

Um, so therefore nobody could come and speak on it.

And if we just make that change, we just took that the public's ability to address us on that change completely away.

Um, in terms of coming back, one from my perspective, if it's voted down today, it would be a different thing.

But if we table it, which I think would make the most sense.

Um, I think the the conversation's been clear where the majority of us stand.

Um, if it is postponed indefinitely when it comes back, we should ensure that we are adequately providing the public notice um of the item.

And also, if it I just one comment, if it did get voted down, and that's the manner in which it went.

To make that change doesn't necessarily require a petitioner to petition.

I mean, we are the council.

We could say, hey, we want to make this text change, and then we just go through three readings without requiring the petitioner to have to do to go through that, because as council we can change ordinances if that's what council wanted to do.

I think the first suggestion by my colleague of postponing the matter, um, I think indefinitely would make the most sense because that way we're not putting a quick timeline on staff because there's a lot of research staff should do.

Um, it's unfortunate that this didn't come forward sooner.

Um, I think that if in the green notes it would have made been made clear that hey, these are concerns that planning and zoning had, um, it would be something that I would have addressed a lot quicker than today's meeting, but I didn't watch the planning and zoning meeting prior to, and quite frankly, most of us don't um go back and watch every meeting uh before you know on preparing on an item.

So I just from my perspective in the future, having a more thorough briefing, I think would be helpful, and I think petitioners would appreciate that as well.

So I'm in support of postponing today to give us time to walk through all these issues to ensure that what we end up with we all agree with.

Okay, uh then Alderman Holloway.

Thank you, Mayor.

Um listening to the advice of my colleagues, I would like to withdraw my motion.

Um does the second need to be withdrawn as well, or no?

Doesn't matter.

Okay, so the motion has been withdrawn by Alderman Holloway.

Uh so we're back to the uh item on the agenda as written.

Uh and I see that Alderman Jobjan has his mic on.

Thank you.

You're navigating the very first uh first meeting very well.

Well, thank you.

So then uh right in the bottom hearing nothing else, then I would make a motion to postpone this item.

I'm actually gonna put some time, sorry.

Um, I'm gonna say four cycles, so gives us two months.

Okay, we have a motion on the second to table for four cycles.

Um Brian, I believe you can call the roll on this Newton, yes.

Yes, Holloway, yes.

Burkholder, yes, T done, yes, grip, yes, long, yes, job, yes, are done, yes, and lean in.

Yes, that is 10 yeses, your honor.

All right, so the motion to the table is approved.

Uh the second item on our agenda is a resolution awarding a one-year contract with four possible one-year renewals for underground utilities locating and marking services to U.S.

IC locating services, LLC of Indianapolis, Indiana.

And I uh I will first ask if there's anyone from the public that wants to address this topic.

Uh and seeing no one, I do believe that Alder Woman Newton will make a motion.

Well, I'll let her make the motion.

So go ahead, Alderman Newton.

Thank you.

I would move to postpone this item indefinitely.

Second.

Okay, motion and a second.

Uh we'll do another roll call.

I suppose I could just say all in favor.

Oh well.

Go ahead, Brian.

Okay.

Vasquez?

Yes.

Newton.

Yes.

Blum.

Yes.

Grip?

Yes.

Burkeholder?

Yes.

Holloway?

Yes.

Job Jen?

Yes.

Lenin?

Yes.

T Done?

Yes.

And R Done.

Yes.

That is 10.

Yes, that's your honor.

All right.

So that item will also be tabled indefinitely.

Uh item number seven.

Is there a motion for approval of all items on the consent agenda?

Second.

Motion and a second.

And a roll call on this item too, Brian.

Lean in.

Yes.

T Dunn?

Yes.

Newton?

Yes.

Job Jinn?

Yes.

R Dun?

Yes.

Grip?

Yes.

Vasquez?

Yes.

Burkeholder?

Yes.

Holloway?

Yes.

And Blunt.

Yes.

That is 10 yeses, Your Honor.

All right.

This item is approved.

Number eight is other ordinances, resolutions, and motions.

We do not have any this evening, so that brings us to public with business.

Uh is there anyone from the public that wishes to address counsel?

Please step forward and remind us what ward or address you're from.

Cheryl Shagna, third board.

And last week, because it was on the agenda, I am not allowed to speak about it.

So this week I'm gonna start out with items on the between purchase orders, 10,000, more than 10,000, less than 50,000 section of last week's line items number five, number 14, and 28, I believe, were all to the same vendor, and actually does total over 40,000, uh over 50,000.

Um my kids range in age from in their 30s down to their 20s.

So I have had to learn new math.

I've had to learn common core math, and I feel like I'm learning city math now, because the total is definitely over $50,000, three invoices, same vendor, split up, still adds up to more than $50,000.

Should not be on that section, but it was voted through because it is on the section where the public cannot speak about it.

So when someone refers to the status quo, this is something to me that raises alarms and concerns because I believe the only people satisfied with status quo in the city right now are people who are benefiting from the status quo.

Um shine laws, the public information laws.

You guys, the new ones have gone through your indoctrination, they call it onboarding here.

Um you are the owners, the the people that these documents belong to you, which means when staff does not process the request for public information requests for chapter 21 and chapter 22, you all are gonna end up responsible financially when those are violated, and it is even in the law that ignorance of this chapter 21 and 22 is not a defense.

So we are fighting three lawsuits that I know of right now, Dirk's and Dirk's is even quoted in these chapters, a records requester out of Davaport, Dr.

Durix, Dr.

Sidran, and John Ewell that I know of right now have lawsuits that have to do with public information and records not being given to the public.

And we're fighting it.

We're spending money, lawsuit money, general fund money, risk money, legal money, taxpayer money, not city money, taxpayer money fighting these lawsuits that the laws say you're wrong.

The city's wrong.

They did not process them in a timely manner, and or they outright denied them.

You all are going to be individually responsible.

If city staff does not take care of the business they need to take care of in a timely manner or at all.

Was it 200 days before the Corey Spiegel demand letter was released?

I went to the Dirk's trial.

Everybody testified they did not see it until it was released by the media.

But yet they are going to be held financially responsible.

But right now, as taxpayers are being held financially responsible.

Look at that bill that just came through over $50,000 in taxpayer money.

I believe Ezra posted that the city, I believe, I might be wrong, but somewhere around $65,000 has been spent already, wasted, burned, thrown away on something that you know you're not going to win because you're wrong.

I'll say it again, wrong.

People don't normally say that to y'all.

They are wrong.

You are their boss.

Which means you have the responsibility to get them on the right page in the right book, to where they're not wasting thrown away and burning more and more taxpayer money on something that isn't even my issue.

I want to see the public records.

I'm not denying them.

Or not filing, getting them processed in a timely manner.

It could end up getting you banned from office.

When you are aware of what is happening and you participate, an induction will be an injunction will be issued by the court for contempt, ordering the offender, the lawful custodians of these documents, fines, up to $2,500.

Thank you very much.

Anyone else from the public?

Seeing and hearing no one.

Is there any um final comments from anyone on council?

Yes, just to provide information to the public.

I heard uh statement regarding the council voting on those items on the finance agenda that are under the $50,000.

The council actually doesn't vote on those.

They're placed there for informational purpose, but the council only votes on what's actually an agenda item that then gets moved to the consent agenda for the council meetings, and that's what we vote on.

I just want to make sure that I can provide as much information to our public, and I'm happy to meet that answer any more questions after this meeting.

Thank you.

Thank you.

Uh Alderman Jokin.

And then on top of that, it may be good for council to get a little education on how items get to that part of the agenda as well, right?

Because sometimes things get part and parceled out, and it might be good for us to know that too.

Thank you.

Thank you.

All right, seeing and hearing no one else, uh, I would entertain a motion to adjourn.

So moved.

Second, all in favor say aye.

Aye.

All right, we are adjourned.

Thank you.