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MINUTES OF THE MEETING OF THE MAYOR
AND CITY COUNCIL
OF THE CITY OF EAST MOLINE,
COUNTY OF ROCK ISLAND, STATE OF ILLINOIS,

AT 06:30 PM ON 02/06/2006

PLEDGE
Mayor Thodos led the City Council and all those present in the Pledge of Allegiance to the Flag.

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, Carol Doose, Rick Meredith, Gary Kelley and Gary Westbrook.

ADDITIONS/CORRECTIONS TO AGENDA
None

CITY CLERK’S REPORT
City Clerk passed.

CONSENT AGENDA
City Clerk Holmes read the Consent Agenda that included the following items:
Ø Approval of the City Council Minutes of January 17, 2006
Ø Approval of the Committee of the Whole Minutes of January 17, 2006
Ø Approval of Salaries in the amount of $302,975.72
Ø Approval of Bills in the amount of $1,331,543.50

A motion was made by Alderman Moreno, seconded by Alderman Kelley, to approve the Consent Agenda as presented. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion Carried.

REPORT BY THE MAYOR
Mayor Thodos has received notice regarding the Grand Opening Celebration at the New Rock Island County Animal Care and Control Shelter. The Ribbon cutting will be held on Saturday, February 18, 2006 at 4001 78th Avenue, Moline, Il. beginning at 1:00p.m.

Alderman Meredith informed the City Council, that due to limited parking at the Shelter shuttle service would be available from MetroLink by parking at Horace Mann School parking lot beginning at 12:15p.m

Mayor Thodos gave the City Council a report on his letter writing campaign that was completed in October 2005. We submitted eleven (11) projects by City Staff and individuals in the community. Senator Mike Jacobs has assisted the City with the following projects:
1. Received a $40,000 grant for an Emergency Generator for the Water Plant.
2. Recently received a grant for $4,945.00 for improvement to the Wastewater Treatment Plant for two (2) steel staircases, which will improve safety for the workers.
3. A request of $50,000 for the Mitchell Park area, this has not been confirmed as of yet, but there is a high probability that $45,000 may be obtained to improve the Basketball Courts, Fencing, and repair of some infrastructure their such as the equipment.
4. Received notice that the 6th Ward Alderman Gary Kelley an incident that happened about two (2) years ago when a child was nearly sweep away in one of the storm sewers. Senator Jacobs was able to allocate $69,900 to correct that drainage problem.
5. In regards to the 8th Avenue Tot Lot. The residents there have taken upon themselves to become very involved in their park. They were very instrumental in securing a grant from the Carver Trust. The City was also responsible for $20,000. There was also an additional $9,000 to be raised. Senator Jacobs has been able to secure that $9,000 match so the project can move forward. That should account for all funds requested for the project.

The projects that Senator Jacobs has been advocating for the City of East Moline have totaled about $150,000. These funds have been obtained since October of 2005 through the Senators office, however we do have other projects that we have requested consideration for funding.

PRESENTATION (Chief Moreno)
Chief Moreno presented the Metal of Valor to Officer Michael Cornell for saving a human life on November 8, 2005 with disregard for his own personal safety. Sgt. Luke Blaser, and Lt. Steve Palcat, nominated Officer Cornell for this award, also in attendance was Mr. Roscoe Spencer, representing the Fire & Police Commission, EMPD Operations Captain Richard DeLaere. Officer Cornell thanked the Mayor, City Council EMPD for the honor states that he accepts this on behalf of everyone who risk themselves to help people in distress situations, also introduced his family that was in attendance.

PINK GORILLA (Tony Banaszek)
East Moline Main Street Association is sponsoring a fundraiser “ Send Your Sweetie a Pink Gorilla Valentine”. Mr. Banaszek distributed order forms to all in attendance, for $35.00 the Pink Gorilla will deliver Long Stemmed Red Rose, Box of chocolates, and a Polaroid picture. Delivery hours will be February 13th and 14th from 8:00a.m-5:00p.m.

CITY ATTORNEY
ORDINANCE 06-02: An Ordinance Authorizing and Ratifying the Sale of Certain Surplus Real Estate known as the Former City Maintenance Garage in the City of East Moline, County of Rock Island and State of Illinois, by the City of East Moline, Illinois.

Attorney Phares: All members of the City Council have received a copy of the revised agreement for Sale of Commercial Real Estate. The City of East Moline is the seller and Toppert Jetting Service, Inc., is the purchaser. We have previously circulated a copy of this agreement. There is one change on page 2 under Covenants.

Covenants: The purchaser agrees that, within one (1) year from date of closing, it will make the following improvements to the premises: remodel the front of the building starting immediately with power washing and acidizing the brick face. This will be followed by tuck-pointing and new grout with brick being painted. New windows, doors and awnings will be installed and the front parking area. will include landscaping. The chain link fence will be repaired and improved to feature both privacy and security.

The exterior block wall at the rear of the building will be painted. The purchaser agrees that, within one (1) year from date of closing, it will commence and will continue operations of Toppert Jetting Service headquarters and main operations center from subject premises.

At the top of page 3, there are three (3) items that the purchaser requested be deferred until after the first year. They are as follows:

1. The façade will be improved with a metal and brick exterior similar to the new East Moline Engineering Facility.
2. Garage doors will be installed on the L-shaped metal structure to enhance security and appearance.
3. The inside yard will be fully concreted.

They have requested that those items be deferred until after the one (1) year anniversary date of the closing of the transaction. The above covenants will survive the closing, shall not merge into the deed, and shall further agreed upon execution of a written at closing. Attorney Phares explained that is to be able to enforce the covenants after the date of closing, so they don’t merge into the deed.

Attorney Phares pointed out what he and Assistant City Administrator Rich Keehner felt was important that the improvements be made to the building, which would reflect the overlay photographs that was provided to the Economic Development Commission (EDC) at the time this proposal was being made to the Commission, so the appearance will be the same except those three (3) items listed above will not occur until after the first year anniversary date.

The initial preliminary plat has been circulated of a new Sub-Division the Great River Industrial Park Second Addition, (being a re-plat of lot 1 in the GRIP). The property line will be moved three (3) feet to the North, so there is an area of maintenance between the South property line of Lot 1 and the North property line at the L – Shaped Building.

Mr. Toppert addressed the City Council and answered questions with regards to the time frame of the completion of the three (3) deferred items, Relocation of the businesses, the changing of the plat and the actual closing date. Discussion was held.

Attorney Phares states we are in the process of completing the plat of the Sub-division, that has to be revised by McClure Engineering. Once the plat is approved and recorded, then we will be able to proceed with the title work and move to a closing within approximately three (3) weeks.

A motion was made by Alderman Moreno, seconded by Alderman Heiland, to waive the reading of Ordinance 06-02. Upon roll call the following voted in favor: Moreno. Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

A motion was made by Alderman Moreno, seconded by Alderman Meredith, to adopt Ordinance 06-02 as presented. Upon roll call the following voted in favor: Moreno, Meredith, Kelley, Westbrook, Heiland, Puentes, and Mayor Thodos. Abstain: Doose. Motion carried.

ORDINANCE 06-03: An Ordinance of the City Council of the City of East Moline, Illinois, Amending Section 9-3-1 Entitled “No Parking Places” of Chapter 3, Entitled “ Parking Rules”, of Title 9, Entitled “Traffic”, of the City Code of the City of East Moline of 1974 and as amended.

A motion was made by Alderman Heiland, seconded by Alderman Kelley, to waive the reading of Ordinance 06-03. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

A motion was made by Alderman Kelley, seconded by Alderman Westbrook, to adopt Ordinance 06-03 as presented. Upon roll call the following voted in favor: Moreno, Doose. Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

ORDINANCE 06-04: An Ordinance of the City Council of the City of East Moline, Illinois, which amended Ordinance 88-22 as amended by Ordinance 98-41, Relating to the establishment of an Enterprise Zone in the City of East Moline, Illinois, pursuant to an Intergovernmental Agreement with the Cities of East Moline, Illinois, Moline, Illinois, Silvis, Illinois, Village of Milan, Illinois, and Rock Island County, Illinois, by the Addition of 5.05 Acres (Matcon Project) East Moline City Council Ordinance 05-34, as requested by Rock Island County, Illinois, Be Declared Null and Void.

Mr. Keehner addressed the City Council giving background on the above Ordinance 06-04 and Resolution 06-04 regarding the Matcon Project. This project was never placed on all Enterprise Zone members’ agendas for consideration, including the State of Illinois for approval. Requesting that this project be removed from the Enterprise Zone.

A motion was made by Alderman Moreno, seconded by Alderman Kelley, to waive the reading of Ordinance 06-04. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

A motion was made by Alderman Kelley, seconded by Alderman Doose, to adopt Ordinance 06-04 as presented. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

RESOLUTION 06-04: A Resolution of the City Council of the City of East Moline, To Declare Null and Void, Resolution 05-42 which was a Resolution Amending An Intergovernmental Agreement Among the Cities of East Moline, Moline, Silvis, The Village of Milan, and Rock Island County, Illinois, which established an Enterprise Zone now called the “Illinois Quad Cities Enterprise Zone” by the addition of approximately 5.05 acres by Rock Island County, and changing the Zone Boundaries to add territory to the Illinois Quad Cities Enterprise Zone.

A motion was made by Alderman Heiland, seconded by Alderman Kelley, to approve Resolution 06-04 as presented. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

RESOLUTION 06-02: A Resolution Of The City Council Of The City Of East Moline, Illinois, applying for a Community Development Assistance Program (CDAP) Grant

Mr. Keehner: City Staff is seeking a resolution of support from the City Council to submit an economic development Community Development Assistance Program (CDAP) Grant application seeking $750,000. It is the desire of City Staff to submit this application to the Department of Commerce and Economic Opportunity (DCEO) on or before March 8, 2006. If received, this funding would be applied towards the cost of the planned infrastructure intended to support commercial and residential growth in the I-5 corridor and the Triumph Foods Project. The total cost of the project is estimated to be approximately $4,382,622. This grant will require twenty-five percent (25%) local fund match as discussed in the public hearing held at 5:45p.m. today. We intend to use bond proceeds for this project as the match to accomplish our goal in placing the water main in operation.

Alderman Doose asked how many more steps are involved in this process. We were advised that their are many steps along the way, also want people to realize that we are still investigating, in touch with USDA Inspectors, and on-line for legislative issues. We are not taking this issue lightly. This is probably the biggest decision that we will make on this Council.

Mr. Keehner: The CDAP Grant application is a step, $750,000 for the City to use to help pay for the installation of the water main, there is still the other steps for the Enterprise Zone, Plan Review, and plenty of other steps. If we are not satisfied with the plans or designs provided to the City of East Moline, we are not required to issue a building permit, and we will not do so until we are completely satisfied. We are nowhere near the end of the process. This is the largest project the Quad Cities have seen in thirty 30 years.

A motion was made by Alderman Kelley, seconded by Alderman Moreno, to approve Resolution 06-02 as presented. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

RESOLUTION 06-03: A Resolution of the City Council of the City of East Moline, Illinois, authorizing the Acceptance of the Proposal for Johnson Controls, Inc. for the implementation of Guaranteed Energy Efficiency Improvements, in accordance with Illinois Local Government Energy Conservation Act IIcg 515 and to execute a Letter of Intent.

Discussion was held, and a motion was made by Alderman Heiland, seconded by Alderman Moreno, to approve Resolution 06-03 as presented. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

COMMITTEE OF THE WHOLE (Alderman Kelley)
Alderman Kelley has one (1) item for discussion; all others have been covered under the Consent Agenda, Ordinance, or Resolution.

Proposal for Professional Services Deere Harvester Works Entrance Road (Mr. Lauper)
This roadway, which is connected 13th Avenue with Beacon Harbor Parkway, was preliminarily designed and half-constructed in 2000/2001. This scope of services will provide the City of East Moline, with construction plans for the remaining portion of this roadway. Mc Clure Engineering will prepare Topography and Boundary Survey, Construction Plans, Right-of-Way Plats, and Bid Phase in the amount of $15,950. Plans would be prepared to meet the requirements of Illinois Department of Transportation (IDOT). For Motor Fuel Tax funding, and survey documents required for Right-of-Way dedication of this Street to the City of East Moline. Discussion was held.

A motion was made by Alderman Kelley, seconded by Alderman Meredith, to approve entering into an agreement with McClure Engineering for the completion of the roadway between 13th Avenue and Beacon Harbor Parkway as presented, and not to exceed $15,950. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried.

CITY STAFF COMMUNICATION
Each Department Head was given the opportunity to inform the City Council and all those present of events going on their Departments.

Chief Moreno: On Friday, February 9, 2006 KWQC-TV 6 did a live remote at the Police Department with the Ford Expedition. This was done in conjunction with the former owner, John DeSilva, being sentenced to 42 years in Federal Prison. Chief Moreno gave congratulations to Officer Darrin Gault who took part in the Gang Task Force, as the Lead Investigator on that case.

Lauper: Informed the City Council that he has spoken with the State Department of Transportation; they have taken bids for the project 42nd Avenue and 11th Street doing some improvement to the intersections.

Alderman Moreno: Mr. Lauper is there anyway possible when you are exiting UTHS going towards McDonalds can a turn lane be put in to alleviate the traffic flow. This road is a State road, but we could possibly put in a No Left Turn sign, during the busiest hours.

Alderman Meredith: Questioned Mr. Lauper as to when the 11th Street and Avenue of the Cities project would be starting. Mr. Lauper informed those in attendance that it appears the project will start in the summer.

Mr. Keehner: Informed City Council he has distributed some packets on the 2006 draft copies of special projects for your review. City Staff and some Alderman are participating in the Springfield Legislative Trip and the Washington D.C. Legislative Trip. Those are some of the projects that will be shown to area legislators.

Chief DeFrance: Reported there was a significant fire on 21st Avenue & 6th Street Court. There was one injury and that personwas charged with arson.

FIVE- MINUTE AUDIENCE PARTICATION
Mayor Thodos gave members of the audience the opportunity to address the City Council.

Arthur Norris – 21824 Barstow Road, East Moline, IL. Distributed a DVD to the Mayor, City Council and Department Heads. Mr. Norris states it shows the beauty of the Rock River and the Wild life in the area. Expressed his desire for the City Council to reconsider the location of the meat processing plant as he feels this is an inappropriate site.

Deb Toppert - 668 16th Avenue East Moline, IL - Announced that the U.T. Boosters Club is in the mist of its Annual Fundraiser Raffle. Drawing will be March 4, 2006 at Quad City Downs tickets are still available. Proceeds will be used to defray the cost of school activities such sporting events and school competitions.

Dorothy Monahan – 5300 12th Avenue, Moline, IL – A motel was not built, but a Hog Plant would trash the area.

Caryn Unsicker – 1022 12th Street, Silvis, IL. - Thanked the Aldermen for keeping an open mind. Expressed her concerns of the smells and deterioration of the roads due to the increased traffic. Asked why do they need all these perks? Why can’t they pay for the upgrades? They should pay the City for all the perks, also stated she feels once they have utilized all of the benefits they will leave the area. Please keep looking at both sides and reconsider your decision.

Alderman Moreno – We are not taking this issue lightly.

Mayor Thodos – Stated that the opposition has made sure that we have received every bit of negative information regarding comparisons on hog lots confinements and processing plants. The Aldermen are educated on this issue and they have done there due diligence on researching this issue.

Alderman Kelley – Stated that Wal-Mart is notorious for using TIF benefits and leaving the area.

Alderman Meredith – Stated that The Quad-City Times had an article regarding “State of the Art” facilities. The article talked about how long is a facilityconsidered a “State of the Art”, and how much money are they willing to spend.

RECESS COUNCIL MEETING
A Motion was made by Alderman Kelley, seconded by Alderman Westbrook, to recess the City Council meeting and proceed with the Committee of the Whole Meeting. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried. 7:47p.m.

RECONVENE COUNCIL MEETING
A motion was made by Alderman Kelley, seconded by Alderman Moreno, to reconvene the City Council meeting. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried. 8:21p.m.

EXECUTIVE CLOSED SESSION
A motion was made by Alderman Moreno, seconded by Alderman Kelley, to recess the Council Meeting and go into Executive Closed Session to discuss the following:
· AFSCME 1234 Union Contract Negotiations
· Pending Litigation- Sean Genung Workers Compensation Claim
· Arbitration hearing with AFSCME 1234 regarding Seasonal Workers
· Metropolitan Airport Authority Appointment.
Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried. 8:22p.m.

OPEN SESSION
A motion was made by Alderman Moreno, seconded by Alderman Westbrook, for the City Council to go back into open session. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Kelley, Westbrook, Heiland, and Puentes. Motion carried. 9:20p.m.

Attorney Phares: The discussion in Closed Session related to the question of whether or not the City Council should authorize retention of an Attorney to represent the City and the Mayor in an issue involving the appointment of an Airport Commissioner as the representative of the City of East Moline, and it would be appropriate to discuss at this time.

A motion was made by Alderman Meredith, seconded by Alderman Moreno, to authorize the retention of Attorney Jack Brooks to represent the City and the Mayor in the matter of filing suit with the Circuit Court, to request a judge confirm the appointment by Mayor Thodos of his appointee Mr. James Jannas, and determine the invalidity of the prior appointment by Mayor Moreno of Mr. Bill Bornhoeft. Upon roll call the following voted in favor: Moreno, Meredith, Kelley, Westbrook, Heiland, and Puentes. Opposed: Alderman Doose. Motion carried. 6-1.

ADJOURNMENT
A motion was made by Alderman Kelley, seconded by Alderman Westbrook, to adjourn the City Council meeting. Upon roll call the following voted in favor: Moreno, Doose, Meredith, Westbrook, Heiland, and Puentes. Motion carried. 9:23 p.m. Minutes taken and submitted by,
_______________________________
Arletta D. Holmes, City Clerk

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