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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 08/16/2004

PLEDGE
Mayor Jose Moreno led the City Council and all those present in the Pledge of Allegiance To The Flag.

ROLL CALL
Mayor Moreno called the meeting to order and directed Deputy City Clerk Kathryn VenHuizen, to call the roll, and the following Aldermen were present: Helen Heiland, Luis Puentes, Luis Moreno, Carol Doose, Rick Meredith, Gary Kelley and Crotis Teague.

CORRECTION / ADDITIONS TO AGENDA:
None

CITY CLERK’S REPORT
Passed

CONSENT AGENDA
A) Approval of Committee Of The Whole Minutes of July 19, 2004
B) Approval of the Public Hearing Minutes of August 2, 2004
C) Approval of the City Council Minutes of August 2, 2004
D) Approval of the Committee of the Whole Minutes of August 2, 2004
E) Approval of Salaries in the amount of $301,922.74
F) Approval of Bills in the amount of $911,226.03
G) Approval of the Affirmative Action Plan as presented

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

REPORT BY MAYOR

Mayor Moreno acknowledged the Chairman for the Relay for Life as the “GEM”(Great East Moliner). ElleMae Winger raised over $2,500 and was given a token of appreciation from the Mayor and the City. Mayor Moreno carried the torch with the assistance of Josh Sherrod for the “Olympic for Cure” theme this year.

Mayor Moreno reminded everyone of the upcoming EM Volunteer Corp clean up at Butterworth park on the 28th at 9 a.m. and the Music in the Quarter on Thursday night.

CITY ATTORNEY
ORDINANCE
04-30 An Ordinance Authorizing The Filing Of A Petition For Demolition Of The Buildings Located At 938-940 15th Avenue, East Moline, IL.

A motion was made by Alderman Doose, seconded by Alderman Kelley, to waive the reading of Ordinance 04-30. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague.

A motion was made by Alderman Kelley, seconded by Alderman Teague to adopt Ordinance 04-30 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague.

04-31 An Ordinance Amending Ordinance No. 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 Approximately 19.58 Acres By The City Of East Moline, .4 Acres By The City Of Silvis, And 6.3 Acres By The City Of Moline, And By Revising Section 3, Exhibits “A” And “B” To Include New Territory Within The Illinois Quad Cities Enterprise Zone.
A motion was made by Alderman Moreno, seconded by Alderman Meredith, to waive the reading of Ordinance 04-31. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague.

A motion was made by Alderman Moreno, seconded by Alderman Meredith to adopt Ordinance 04-31 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague.

RESOLUTION
4-15 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 19.58 Acres By The City Of East Moline, .4 Acres By The City Of Silvis, And 6.3 Acres By The City Of Moline, And Changing The Zone Boundaries To Add Territory To The Illinois Quad Cities Enterprise Zone, And By Authorizing The Mayor And City Clerk To Execute The Amended Intergovernmental Agreement.

A motion was made by Alderman Meredith, seconded by Alderman Moreno, to adopt Resolution 04-15 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague.

SSA Discussion
Rich Keehner gave the following details:
Background:
January 6, letter from property owners Joyce & Jon Danley requesting the SSA
April 19, City Council adopts Ordinance 04-13 to establish a SSA and call for a public hearing
May 3, Public Hearing on SSA. Start of 60 day period for objectors to obtain signatures objecting to the SSA
May 19, June 8 and June 19: SSA Informational meetings were held
July 3, Final day for petitions of objections to be filed with City Clerk
July 5 – 30th, Review of petitions and comparisons to Deeds of Record from the County Recorders Office
Petition Discussion:
Two petitions were circulated by interested individuals opposed to the creation of a Downtown SSA; one directed towards owners of record (property owners) and the other directed towards resident electors (residents residing in the proposed Downtown SSA territory and registered to vote). If a petition signed by at least 51% of the electors residing within the proposed Downtown SSA Territory and by at least 51% of the owners of record of the land proposed to be included within the SSA is filed with the City Clerk within 60 days following the final adjournment of the public hearing, objecting to the creation of the Downtown SSA or the levy of the taxes for the provision of the special services to the proposed Downtown SSA, then the Downtown SSA will not be established.

Petition Against Special Service Area (Owners of Record). The City Clerk received 11 objection petitions containing 99 signatures. During review, it was noted several property owners signed the Petitions more than once and some signatures were deemed not to be that of actual owners of property within the proposed Downtown SSA territory. After obtaining copies of Deeds of Record from the County Recorders' Office relating to each of the parcels contained within the proposed Downtown SSA as of May 3, 2004, careful review was conducted to determine the owner(s) of record for each parcel. It was determined there were 147 owners of record. Each of these owners had the right to sign the objection petition; therefore there were a possible 147 owners of record existing to sign the owner of record objection petition. A comparison was made between the valid signatures of owners of record obtained from the petitions and the owners of record obtained from the Deeds of Record. As a result of this comparison, it was noted the petitions contained 60 valid signatures obtained from an existing possible 147 owners of record. Valid signatures totaled 40.81% of the owners of property contained within the proposed Downtown SSA territory. Therefore, the owners of record petitions did not contain an adequate amount of valid signatures to prevent the establishment of the proposed Downtown SSA.

Petition Against Special Service Area (Resident Electors). The City Clerk received 18 objection petitions containing 161 signatures. During review, it was noted several residing electors signed the petition more than once and some signatures were deemed not to be that of electors residing within the proposed Downtown SSA territory. After obtaining copies of
Affected Voters For Selected Street Addresses from the County Clerks' office relating to each voting precinct within the proposed Downtown SSA territory careful review was conducted to determine the residing electors for the territory. It was determined there were 76 electors residing within the proposed Downtown SSA territory. Each of these electors had the right to sign the objection petition; therefore there were a possible 76 residing electors existing to sign the objection petition. A comparison was made between the valid signatures of residing electors obtained from the petitions and Affected Voters For Selected Street Addresses. As a result of this comparison, it was noted the petitions contained 47 valid signatures obtained from a possible 76 residing electors. Valid signatures obtained equaled 61.8% of the existing electors residing within the territory. Therefore, the resident elector petitions did not contain an adequate amount of valid resident elector signatures to prevent the establishment of the proposed Downtown SSA.

Findings By Staff:
Valid Owners of record signatures equaled 37.5% and valid residing elector signatures equaled 61.8% of total possible valid signatures from within the proposed SSA territory. However, to prevent the establishment of the proposed downtown SSA both petitions must have contained adequate valid signatures of at least 51% of the owners of record and 51% of electors residing within the proposed Downtown SSA territory. One petition containing the adequate number of valid signatures meets the 51% requirement, therefore it is the finding of City Staff the proposed SSA can proceed.

Mayor opened the floor for discussion

Alderman Kelley inquired as to how the tax rate amount was calculated. Mr. Keehner informed all those in attendance that staff looked at the equalized assessed value and calculated out that a rate of $1.35 per $100 EAV would be an approx income of $60,000 annually to be used for downtown improvements.

Mr. Keehner also commented that the $60,000 would be used for downtown improvements. Early on there was talk about hiring a marketing director to oversee the improvements. This would be an eventual long term goal.

Mr. Phares informed the council that once the money is in the tax levy that the council has full control on how the money is used and will review the expenses and budget figures on an annual basis. Mr. Phares reminded the council that the purpose of the resolution was to review the findings from staff regarding the petitions and accept the findings as fact. The resolution tonight does not implement the SSA tax. There are several more times that this issue will be before the council.

Bill Sheldon, his wife owns John’s Downtown Tap: questioned why his wife’s signature was not valid since she is the property owner. Mr. Phares responded that since they were selling the parcel on contract and since John is listed on the tax record as property owner he is the legal owner. Per IL Real Estate Law Mr. Sheldon’s wife only holds the note on the property.

Carl Nissen, 936 16th Avenue: questioned why all three had to sign the petition. His wife, himself and his brother own the property. He commented that one signature should have been sufficient.

Mr. Keehner responded that there were 2 owners listed on the deed as property owners and only 1 signed the petition. Mr. Phares read the statute that states that each owner has a voice.

Mr. Nissen expressed his desire to have another chance to recirculate the petitions so that others could sign. Mayor Moreno informed all in attendance that there was ample opportunity for the objectors to seek legal advise and obtain signatures.

Kenneth Porter, 1104 15th Ave: expressed his concerns over the downtown area. The downtown is on life support and Mr. Porter expressed that there are other things that could be put on the table besides new taxes.

Jeff Guthrie: Owns three properties in downtown area and is in favor of the SSA. He has seen growth and new businesses but something needs to be done to move forward and invest in this area.

Mr. Goldman: 20,400 citizens in East Moline and the downtown belongs to the entire community so they should all invest in it.

Betty Miller, Lil Cowbell: concerned about the amount of tax and wanted to know if each year the amount would keep increasing..
Mr. Phares responded that this would be up to the council to review annually and decide.

04-16 A Resolution Approving The Findings Of Staff Regarding Petition Against Special Service Area.

A motion was made by Alderman Moreno, seconded by Alderman Meredith, to adopt Resolution 04-16 as presented to approve the findings. Upon roll call the following voted in favor: Puentes, Moreno, Meredith, Kelley and Teague. Against: Heiland. Alderman Doose abstained.

COMMITTEE-OF-THE-WHOLE (Alderman Puentes)
21st Avenue Pump Station Improvements – Drake

Discussion was held regarding the improvements needed at the 21st Avenue pump station and that bond money for capital improvements was set aside for this project.

A motion was made by Alderman Puentes, seconded by Alderman Moreno to award the contract to the low bidder, Civil Constructors, in the amount of $146,300 for the 21st Avenue Pump Station Improvements. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague.

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

Hughes: Next Council meeting is September 7 and the pension funds have scheduled an actuary to come down and give a presentation to the board. This will take place at 6:00 on Sept. 7

Verdick: A letter was received from the IL DNR regarding the Oslad Grant. The grant needs to be reapplied for between Aug 1 – Oct 1. Bi State will be handling the application.

Moreno: The park board is having a ground breaking ceremony. They must do the ground breaking to keep in lines with the Rotary Club Grant.

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

Tony Banaszek Thanked the Council for moving forward with the SSA and reminded everyone of the Fun Fest coming up on the 20th and 21st.

Jeff Guthrie Thanked the Mayor and Council for their support.

ADJOURNMENT
A motion was made by Alderman Kelley, seconded by Alderman Moreno, to adjourn. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Teague. Motion carried. 7:35 pm

Minutes taken and submitted by,
_______________________________
Kathryn VenHuizen, Deputy City Clerk

 

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