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 MINUTES OF THE MEETING OF THE MAYOR

AND THE COMMITTEE-OF-THE-WHOLE

OF THE CITY OF EAST MOLINE, ILLINOIS

AUGUST 20, 2007

 

ROLL CALL

Mayor Thodos called the meeting to order and directed City Clerk Arletta D. Holmes to call the roll.  The following Aldermen were present:  Helen Heiland, Luis Puentes, Luis Moreno, Cheri Bustos, David Kelley, Roseann Cervantes, Gary Westbrook, and Mayor Thodos.  7:12p.m.

 

ADDITIONS/CORRECTIONS TO AGENDA

Alderman Puentes requested that Internal Wastewater Rate and Water Rate discussion that was tabled on June 18, 2007 be brought forwarded for discussion tonight and a final vote be taken.

 

PURCHASE OF CIVICS SOFEWARE  (Mr. Hughes)

City Staff was advised by our auditors about the new internal control standards that the City must implement to be in compliance with the Statement on Auditing Standards 112, Staff knew that new software was needed.  The City Council has previously approved the Civics System Cash Receipts software.  It is still planned to proceed with this purchase.  However, it is requested that permission be given to purchase the entire software package.  The cost of the entire software package is $149,000. This includes the cost of Cash Receipts software.  This cost is broken down on a following page.  The allocated cost of this software is based on use.  The cost to the General Fund is $56,450 and the cost to the Water and Sewer Fund is $92,550.  The General Fund cost will come from funds that will be repaid to the City from the purchase of the former Strand Theater.           

The water and sewer cost will come from the Special Water Reserve Fund, which is from Iowa Beef Producers (now Tyson's) revenues.  To take full advantage of this software The City needs to purchase imaging software that is approximately $35,000.  This will be discussed at a future meeting. An important aspect of accepting the Civics System bid is that they will guarantee that if their software is sold and discontinued, the City will get the new software at no charge, including training.  If the Civics software is continued there is no penalty.

 

RECOMMENDATION:  

Purchase the Civics software for $149,000.  The City should purchase this software now to improve the internal control of our financial system.

 

BUDGET IMPACT:

$56,450 from the General Fund.

 

Discussion:  Finance Director Jim Hughes, introduced Alex Gibson, and Sam Blahnik from Civic Software who were in attendance to address any questions or concerns that the City Council or staff may have.  Also in attendance were Auditors Jim Taylor and Dave Gosseof Carpentier Mitchell Goddard and Company.

 

Mr. Hughes noted that the following deciding factors played an important roll in the selection of Civic Software: 

·        Civic Software is associated with Virchow, Krause and Company L.L.C.

·        Virchow Krause is the number 15th Certified Public Accountant Firm in America.

·        Being owned by this caliber of CPA Firm gives staff great confidence that this software will always be in compliance with Governmental Accounting Standards Board, and American Institute of Certified Public Accountants.

 

Staff not only reviewed Civic Software with the Selection Committee, but today a presentation was given to the City's Internal Audit Committee along with our Auditors (Jim Taylor and Dave Gosse) they also approved of the software and the internal control features of the software.  (Mr. Hughes gave examples of how theses features worked).

 

A lengthy discussion was held with regard to water bills being paid on line by citizens and being able to view their bill, and the possibility of monthly billing, rather than Bi-Monthly, information being easily converted to the new Civic System, and system safeguards.  City Staff feels Civic Software is a good system, it is very user friendly, and it allows department heads to have input and control over their budgetary line items. 

 

Alderman Bustos asked if there were any area municipalities that are currently using this system.  Mr. Blahnik stated that Rochelle, Illinois, has been using the Civic System for approximately eight (8) years. 

 

Alderman Kelley expressed his concerns over what the performance test will be for final acceptance of the software. He also asked how much of the total contract will be withheld until final approval, and who will make the final approval and authorize payment of the final amount.  Mr. Hughes, and Mr. Blahnik assured Alderman Kelley that there would be language in the contract to address those concerns.

 

Alderman Moreno asked if residents could get past usage of previous owners records and what type of safe guards are in place to deter this.  Mr. Blahnik stated that would not be an issue, because the City would provide the information that can be assessed.

 

A motion was made by Alderman Kelley, seconded by Alderman Moreno, to concur with the recommendation as presented and pass on to City Council for consideration.  Upon roll call the following voted in favor:  Heiland, Puentes, Moreno, Bustos, Kelley, Cervantes, and Westbrook.  Motion carried.

 

 LIFT SYSTEMS/ EXTENSION OF INDEMNIFICATIONS AGREEMENT/ G & G, L.L.C.   (Attorney Phares) 

Lift Systems is currently operating its manufacturing facility on Lots 2 and 3 of the Great River Industrial Park.  Lift Systems leases Lot 2 from G & G, L.L.C.

 

G & G, L.L.C., purchased Lots 2 and 3 of the Great River Industrial Park from the City of East Moline in 1996, at which time G & G, L.L.C., entered into an Environmental Matters Agreement.  G & G, L.L.C., is now under contract to sell Lots 2 and 3 and has requested extension of the indemnifications, originally given to G & G, L.L.C., to its successors, assigns and transferees for value.

 

It is recommended that the City honor its original indemnification and grant the request for extension of the indemnification to G & G, L.L.C.'s, purchaser.  The City Attorney should be directed to draft the extension agreement.

 

RECOMMENDATION:  

That the City Attorney be directed to draft the extension of indemnifications agreement.

 

BUDGET IMPACT:

None.

 

A motion was made by Alderman Moreno, seconded by Alderman Westbrook, to concur with the recommendation as presented and direct the City Attorney to prepare the appropriate document for the extension of an indemnification agreement and pass on to the City Council for consideration.  Upon roll call the following voted in favor:  Heiland, Puentes, Moreno, Bustos, Kelley, Cervantes, and Westbrook.  Motion carried.

  

STREET MARKING BIDS  (Mr. Willemarck)

The Maintenance Services Department has advertised for competitive bids to provide street markings for 16th Avenue, 17th Avenue, and 18th Avenue from 1st Street to 19th Street.  Traffic center lines, cross walks, stop bars and turn arrows are included in the bid.

The following bids were received for the above project:      

                                                Base Bid                      Plus 10% Contingencies            Total

American Parking Lot Service   $11,595                              $1,160                              $12,755

Straight Arrow Stripping              $11,874                           $1,184                              $13,061

Peterson Parking Lot Stripping  $29,782                              $2,978                              $32,760

 

RECOMMENDATION:     

Award the contract to the low bidder American Parking Lot Service for $11,595 plus up to 10% contingencies of $1,160 for a total cost of $12,755.   

 

BUDGET IMPACT:  Funds are budgeted in the Street and Bridge Fund, line item Professional Services, 03.3.0151.000.00       

 

Discussion was held on who is responsible for the maintenance for on 16th & 17th Street since that is a state route.  Mr. Willemarck informed the City Council that the City of East Moline has a maintenance agreement with the State to perform (minor repairs).  The State is responsible for the major repairs.

 

A motion was made by Alderman Moreno, seconded by Alderman Bustos, to concur with the recommendation as presented and award the contract to the low bidder American Parking Lot Service for $11,595, plus 10% contingencies of $1,160 for a total cost of $12,755.  Upon roll call the following voted in favor:  Heiland, Puentes, Moreno, Bustos, Kelley, Cervantes, and Westbrook.  Motion carried.

 

PUBLIC URINATION  (Chief Moreno)

Currently, the City of East Moline does not have an ordinance regarding public urination.   In the downtown area around the taverns it has not been uncommon for officers to encounter this activity.  Officers have had to cite offenders for the charge of indecent exposure, although charge has not always fit the offense.    

 

RECOMMENDATION:

To pass an ordinance containing the following language          

 

6-3-52                          Public Urination.

 

It shall be unlawful for any person to urinate or defecate on any street, alley, sidewalk, parkway, public parking lot or other public place other than in a facility designed for that purpose.

 

The enforcement provisions of the above shall not apply to those individuals who may not be able to adequately control the bodily functions that control urination or defecation due to a verified medical condition.

 

BUDGET IMPACT:

Possibly some revenue from court fines from convictions of this charge.

 

Discussion:  Alderman Kelley thanked Chief Moreno for assisting the residents in keeping a presence around the Rock Island County Fair Grounds and Soule Bowl where some of these activities occur. He has received many "thank you" calls of appreciation.

 

A motion was made by Alderman Moreno, seconded by Alderman Westbrook, to concur with the recommendation as presented and direct the City Attorney to draft an Ordinance and pass on to the City Council for consideration.  Upon roll call the following voted in favor:  Heiland, Puentes, Moreno, Bustos, Kelley, Cervantes, and Westbrook.  Motion carried.

 

INTERNAL WASTEWATER RATES (Alderman Puentes) Tabled from June 18, 2007.

Alderman Puentes read the following background / information sheet in its entirety.

 Certain capital improvements are necessary to meet Federal and Illinois regulations and to upgrade the aging collection system and wastewater treatment facility.  These improvements have been identified by IEPA, H.R. Green Company, Veenstra & Kimm, Inc., and have been reviewed and refined by city staff.   In order to pay for these improvements wastewater rate increases are needed.  Stanley Consultants, an independent third party, performed a cost-of-service rate analysis to recommend wastewater rates that accurately reflect the cost to serve customers.  Staff requests city council to increase internal wastewater rates, billing fees, and lower the minimum usage volume charged to internal customers as recommended by Stanley Consultants.  Staff recommends performing a cost-of-service rate analysis every three years to recommend wastewater rates that accurately reflect the cost to serve customers. 

 

RECOMMENDATION:      Approve request and direct City Administrator to proceed to increase internal wastewater rates in the following manner:  using the Table E1 "Proposed Rates" contained within the May 2007 East Moline Wastewater Rate Study Report, increase rates for fiscal year 2007 -08 from an existing $2.31 per 100 c.f. to $3.57 per 100 c.f. effective the next full billing cycle after final council approval has been given on July 2, 2007, increase internal wastewater rates fiscal year 2008 -09 from an existing $3.57 per 100 c.f. to $3.80 per 100 c.f. effective the first full billing cycle after May 1, 2008, and increase internal wastewater rates fiscal year 2009 -10 from an existing $3.80 per 100 c.f. to $4.12 per 100 c.f. effective the first full billing cycle after May 1, 2009.     

Approve request and direct City Administrator to proceed to increase external wastewater billing fee for fiscal year 2007 -08 from an existing $3.15 to $4.57 per bill effective the next full billing cycle after final council approval has been given on July 2, 2007, increase external wastewater billing fee for fiscal year 2008 -09 from an existing $4.57 to $4.69 per bill effective the first full billing cycle after May 1, 2008, and increase external wastewater billing fee for fiscal year 2009 -10 from an existing $4.69 to $4.82 per bill  effective the first full billing cycle after May 1, 2009. 

Approve request and direct City Administrator to change minimum volume usage from 800 c.f. to 400 c.f.

Approve every three-year cost-of-service rate analysis request and direct staff to contract with independent third party to perform a cost-of-service rate analysis to recommend wastewater rates that accurately reflect the cost to serve customers.  This contract should be approved on or before September 1, 2009.  Rates recommended with the 2009 cost of service analysis would be provided to the council in time for consideration and May 1, 2010 implementation.

 

BUDGET IMPACT: Additional revenue received will be used to repay debt instruments used to pay for improvements and to fund a Fund Reserve Balance.

 

DISCUSSION:  Alderman Kelley questioned the appropriateness of signing a contract that effect future Councils regarding the approval of a cost of service rate analysis to be done by an independent contractor every three (3) years.  Attorney Phares stated that Alderman Kelley is correct in that the City cannot obligate another City Council to a specific contractor.  The intent would be that the agreement would be subject to the approval by the City Council at that time. It is recommended that the study be performed at that time with the contract to be approved City Council.

 

After a lengthy discussion it was recommended that the last two (2) sentence under paragraph three (3) Internal Wastewater Rates be deleted.  (This contract should be approved on or before September 1, 2009.  Rates recommended with the 2009 cost of service analysis would be provided to the City Council in time for consideration and May 1, 2010 implementation).

Also additional language changes to be made to reflect the increase internal wastewater rates, change of the minimum volume usage rate and first effective billing cycle. 

 

A motion was made by Alderman Moreno, seconded by Alderman Heiland, to concur with the recommendations as discussed and direct the City Attorney to draft an Ordinance to be brought back to the City Council on September 4, 2007 for consideration.  Upon roll call the following voted in favor:  Heiland, Puentes, Moreno, Bustos, Kelley, Cervantes.  Opposed:  Westbrook.  Motion carried.  6-1.  

 

WATER RATES DISCUSSION  (Alderman Puentes)

 Certain capital improvements are necessary to meet Federal and Illinois regulations and to upgrade the aging distribution system and water treatment facility.  These improvements have been identified by IEPA, Veenstra & Kimm, Inc., and have been reviewed and refined by city staff.   In order to pay for these improvements water rate increases are needed.  Stanley Consultants, an independent third party, performed a cost-of-service rate analysis to recommend water rates that accurately reflect the cost to serve customers.  Staff requests city council to increase water rates, billing fees, and lower the minimum usage volume charged to customers as recommended by Stanley Consultants.  Staff recommends performing a cost-of-service rate analysis every three years to recommend water rates that accurately reflect the cost to serve customers. 

 

RECOMMENDATION: Approve request and direct City Administrator to proceed to increase water rates in the following manner:  using the amended Table E1"Proposed Rates" contained within the May 2007 East Moline Water Rate Study Report increase water rates relating to internal customers, outside city customers, and municipal customers for budget year 2008 effective the next full billing cycle after final council approval has been given on July 2, 2007, projected year 2009 effective the first full billing cycle after May 1, 2008, and projected year 2010 effective the first full billing cycle after May 1, 2009.     

Approve request and direct City Administrator to proceed to increase the water billing fee for fiscal year 2007 - 08 from an existing $3.15 to $4.71 per bill effective the next full billing cycle after final council approval has been given on July 2, 2007, increase water the billing fee for fiscal year 2008 -09 from an existing $4.71 to $4.84 per bill effective the first full billing cycle after May 1, 2008, and increase the water billing fee for fiscal year 2009 -10 from an existing $4.84 to $4.96 per bill  effective the first full billing cycle after May 1, 2009. 

Approve request and direct City Administrator to change minimum volume usage from 800 c.f. to 400 c.f.

Approve every three-year cost-of-service rate analysis request and direct staff to contract with independent third party to perform a cost-of-service rate analysis to recommend water rates that accurately reflect the cost to serve customers.  This contract should be approved on or before September 1, 2009.   Rates recommended with the 2009 cost of service analysis would be provided to the council in time for consideration and May 1, 2010 implementation.

 

BUDGET IMPACT: Additional revenue received will be used to repay debt instruments used to pay for improvements and to fund a Fund Reserve Balance.

                       

A motion was made by Alderman Puente's, seconded by Alderman Heiland to concur with the original recommendation from June 18, 2007, with the modifications that were made.  Upon roll call the following voted in favor:  Heiland, Puente's, Moreno, Bustos, Kelley, Cervantes.  Opposed:  Westbrook.  Motion carried.  6-1.

 

 

 

   ADJOURNMENT

A motion was made by Alderman Moreno, seconded by Alderman Puentes, to adjourn the Committee-Of-The-Whole meeting.  Upon roll call, the following voted in favor: Heiland, Puentes, Moreno, Bustos, Kelley, Cervantes, and Westbrook.  Motion carried.  8:35p.m.

 

 

Minutes taken and submitted by,

 

 

_______________________________________

Arletta D. Holmes, City Clerk

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