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City Council Meeting

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 10/03/2005

 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 Deputy City Clerk Kathryn VenHuizen, 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 THE AGENDA.
Mr. Keehner asked that item #2 on the COW Agenda be discussed on the Council Agenda under item #7. Mr. Lauper asked that he add to item #7 a bid tab for Parking Lot Resurfacing at Fire Station #3.

Mr. Phares asked that the Council minutes from September 19, 2005 reflect a change on Page 4, item 4, the word cooperate should be changed to corporate in two locations.

CITY CLERK’S REPORT
Passed

CONSENT AGENDA
A) Approval of the City Council Minutes of September 19, 2005 (under separate cover)
B) Approval of the Committee of the Whole Minutes of September 19, 2005
C) Approval of Salaries in the amount of $340,318.19
D) Approval of Bills in the amount of $774,919.57

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

REPORT BY MAYOR
Mayor Thodos reported that Ann Rowe had retired from the Library Board and appointed Diane Hosford to fill the vacancy. She would fill the term until the date of expiration in April of 2006.

A motion was made by Alderman Heiland, seconded by Alderman Moreno, to concur with the Mayors request and appoint Diane Hosford to the Library Board. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook.

Mayor Thodos turned the floor over to Fire Chief DeFrance. Chief DeFrance asked for Cole Cox and his family to come forward. Cole was the youngest person to be appointed as a Junior Fire Fighter. On September 23, 2005 Cole alerted his teacher to a possible fire in the restroom at his school. The teacher pulled the fire alarm and the school was evacuated. A small fire was found in the restroom. Cole was awarded a certificate, a fire hat and Whitey’s Ice Cream gift certificates.

CITY ATTORNEY
ORDINANCE 05-29: An Ordinance amending Ordinance 88-22 as amended by Ordinance 98-41, relating to the establishment of an enterprise zone in the City of East Moline, IL, pursuant to an Intergovernmental Agreement with the Cities of East Moline, Moline, Silvis, Village of Milan and Rock Island County, Illinois, by the addition of approximately. 69 acres by the City of Silvis, and by revising Section 3, Exhibits “A” and “B” to include new territory within the Illinois Quad Cities Enterprise Zone.

Mr. Keehner informed the Council of some background on the project. The project is mixed with both commercial and residential.

A motion was made by Alderman Heiland, seconded by Alderman Meredith to waive the reading of Ordinance 05-29. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

A motion was made by Alderman Kelley, seconded by Alderman Westbrook, to adopt Ordinance 05-29 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

RESOLUTION 05-35: A Resolution amending an Intergovernmental Agreement among the Cities of East Moline, Silvis, 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 69.00 acres by the City of Silvis, and changing the zone boundaries to add territory to the IL Quad Cities Enterprise Zone, and by authorizing the Mayor and City Clerk to execute the amended Intergovernmental Agreement.

A motion was made by Alderman Puentes, seconded by Alderman Kelley, to adopt Resolution 05-35 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

RESOLUTION 05-36: A Resolution Of The City Council Of The City Of East Moline, Illinois, Authorizing Execution of A Vacant Land Option Agreement With Riverstone Group, Inc. For The Purchase Of a 116 Acre Tract Located On Barstow Road, City of East Moline, Rock Island County, State of Illinois

City Attorney Phares requested that this item be skipped until further discussion can be held during the Committee of the Whole portion of this Council Meeting.

COMMITTEE-OF-THE-WHOLE (Alderman Puentes)
Alderman Puentes has seven (7) items for discussion; all others have been covered under the Consent Agenda, Ordinance, or Resolution.

Drainage Ditch Replacement of Existing Double Storm Sewer Pipes – Lauper
Mr. Lauper informed the Council of basic details on the project and outlined the following bid tab:
Miller Trucking $69,552.00 Valley Construction $ 98,893.60
C.H. Langman $70,980.00 Phoenix Corp. of QC $101,696.00
Andrews Carpentry $95,882.40 Brand Construction $140,754.25
Engineers estimate for this project: $174,590.00

A motion was made by Alderman Kelley, seconded by Alderman Doose, to approve the project and award the contract to Miller Excavating with the low bid in the amount of $69,552.00. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

Mitchell Park Ravine Watershed Project Phase II – Lauper
Mr. Lauper gave a brief summary of the project and bids received. Discussion was held regarding grant money and the City’s expenses. Questions were raised if this project would help the erosion problems that are affecting neighbors in that area (i.e. Moody’s, Morris). Mr. Lauper informed the Council that this project would take care of those problems.

Discussion was held regarding base bids and the Alternate Bid. Mr. Lauper informed the Council that the Alternate Bid was for the entire project and the base bid was on only certain aspects of the project. Mr. Lauper recommended the entire project since the difference in cost was minimal. The following bid tab was presented:
Base Bids:
Phoenix Corp $85,323.53 Miller Trucking $ 98,950.00
Enterprizing Baker’s $86,624.18 Brandt Construction $118,727.75
C.H. Langman $88,525.00 Andrews Const. $179,320.00
Alternate Bids:
Enterprizing Baker’s $ 98,052.08 Miller Trucking $122,949.00
Phoenix Corp. $109,195.00 Brandt Construction $154,477.75
C.H. Langman $110,860.00 Andrews Const. $206,360.00

A motion was made by Alderman Moreno, seconded by Alderman Meredith, to approve the project and award the contract to Enterprise Baker with the Alternate low bid in the amount of $98,052.08. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

Parking Lot Resurfacing, Fire Station #3 – Lauper
Mr. Lauper distributed a bid tab for this project. Two bids were received as follows:
General Asphalt $13,189.75
Brandt Construction $19,322.80
Engineer’s Estimate of cost was $17,799.00. Mr. Lauper recommended accepting the low bid from General Asphalt.

A motion was made by Alderman Meredith, seconded by Alderman Kelley to approve the project and award the contract to General Asphalt with the low bid in the amount of $13,189.75. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

Engineering Study for a Comprehensive Water System Study – Drake
Mr. Drake informed the Council that this project is part of the Capital Improvement Projects and a preliminary cost of $40,000 has been budgeted for this project.

This comprehensive Study has been requested to identify improvements required to maintain our current utility system, meet current and upcoming federal and state regulations, and to identify areas for improvements to meet future growth needs, with financing options. This study will allow us to work smarter when making required improvements in the Water System now and in the future.

Statements of qualifications were received from seven (7) engineering firms. After extensive review of the statement of qualifications and several interviews with the top two firms, it is recommended that Veenstra & Kimm, Inc. (V & K) in Moline be awarded the contract at a cost not to exceed $29,140 to complete the comprehensive water systems study.

A motion was made by Alderman Puentes, seconded by Alderman Moreno, to award the project to Veenstra & Kimm Inc. at a cost not to exceed $29,140. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

Land Option Agreement – Keehner
The City would like to proceed and enter into a Vacant Land Option Agreement with RiverStone Group, Inc. This agreement involves property recently annexed into the City of East Moline located at the north side of Barstow Road east of 172nd Street. Developers have submitted requests for information concerning this area and the City has responded by providing as much information as possible. This Vacant Land Option Agreement would allow the City the capacity to control and promote the development of this area.
City Staff negotiated this Vacant Land Option Agreement and believes it to be in the best economic interest of the City of East Moline. This agreement would allow the City to market and respond to developers interested in this land. Mr. Keehner informed the Council that another aspect of an agreement like this is the CNH property. Currently the City does not have an agreement in place so the City has no control over developing or marketing of this site.
Attorney Phares informed Council that because this involves real estate the Council does have the right to go into closed session to discuss this in detail and then come back to the open Council for any decisions.
A motion was made by Alderman Kelley, seconded by Alderman Westbrook, to go into a closed session after the Committee of the Whole meeting to further discuss this item. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

Redevelopment of Former Maintenance Garage – Keehner
Mr. Keehner provided history to the Council. The EDC reviewed the 4 bids that had been received and ranked the top two who were Toppert Jetting and Jeff Guthrie. Mr. Keehner also provided two additional proposals that he received after the bid date. Mr. Keehner reminded the Council that they are to make the best decision for the use of the property and it is their final approval and decision on what proposals to entertain.

Attorney Phares outlined the procedures that were followed to date. Attorney Phares also read the public notice that was in the paper to the Council. Attorney Phares informed the Council that they may accept the high bid or any other bid that is the best interest of the City or they have the authority to reject all bids. The vote must pass by 2/3 corporate authority, including the Mayors vote, so the vote must have at least 6 in favor for the motion to proceed.

In order to entertain the other two proposals received by Mr. Keehner the Council would need to reject all bids and rebid the project. Much discussion was held regarding this process and the integrity of the City and the bidding process. Much discussion was also held regarding the agreement that had been worked on with Mr. Guthrie and the process of bidding the project.

A motion was made by Alderman Westbrook, seconded by Alderman Puentes, to concur with the EDC recommendation and Award the project to Toppert Jetting for the bid amount of $100,000.

Before a vote was taken additional discussion was held regarding the environmental liability to the City and the Phase II study. Mr. Toppert informed Council that if no problems were found in Phase 1 he did not see a need for Phase II. Discussion was held if the Toppert’s would sign an agreement to indemnify the City from future environmental finds.

After much discussion the motion was amended: A motion was made by Alderman Westbrook, seconded by Alderman Puentes, to concur with the EDC recommendation and Award the project to Toppert Jetting for the bid amount of $100,000 and direct staff to negotiate the proposal by Toppert regarding the environmental issues and direct the City Attorney to prepare an ordinance and bring back to Council for consideration. Upon roll call the following voted in favor: Heiland, Puentes, Meredith, Westbrook and Mayor Thodos. Voted Against: Moreno and Kelley. Abstained: Doose. Motion did not carry because 2/3 of the Corporate authority is needed and was not obtained (6 votes).

Further discussion was held and Alderman Moreno informed the Council that he was willing to change is vote for the betterment of the City and to move the project forward but asked that the minutes reflect that he feels the City had a gentleman’s agreement with Mr. Guthrie regarding the facility and that the record reflect that the City was wrong in how this project was handled.

A motion was then made by Alderman Moreno, seconded by Alderman Meredith, to concur with the EDC recommendation and award the project to Toppert Jetting for the bid amount of $100,000 and direct staff to negotiate the proposal by Toppert regarding the environmental issues, if negotiations fail with Toppert then the City would accept the offer by Mr. Guthrie and not reopen the bidding. Upon roll call the following voted in favor: Puentes, Moreno, Meredith, Westbrook and Mayor Thodos. Voted Against: Heiland and Kelley. Abstained: Doose. Motion did not carry because 2/3 of the Corporate authority is needed and was not obtained (6 votes).

A motion was made by Alderman Kelley, seconded by Alderman Moreno, to direct staff to meet with Toppert’s and negotiate the EPA issues and bring back to Council on October 17, 2005 for consideration. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried.

Radden Park Improvements - Willemarck
The Park Board is requesting permission to begin improvements to Radden Park. Improvements include the following:
Restroom with attached storage $25,000
Water & Sewer connections 15,000
Parking Lot 10,000
Sidewalk 5,000
Landscaping 2,000
Engineering 8,000
Total _________
$65,000
$30,000 from Park Capital Improvements, $20,000 from Rotary and $15,000 from Public Comfort tax.

Alderman Westbrook inquired as to why there was no playground equipment included with this project. Alderman Moreno responded by informing everyone that this project will be done in Phases as funding becomes available.

A motion was made by Alderman Moreno, seconded by Alderman Doose, to approve the project for Radden Park as listed above with a cost not to exceed $65,000. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, and Kelley. Vote against: Westbrook. Motion Carried 6 - 1

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

Willemarck Maintenance Department will start tarring streets on Tuesday & Wednesday and will continue the entire month.

Alderman Doose: Complimented two City Employees, Gary and Theresa Martin, for putting on a fishing derby over the weekend.

Keehner: Informed the Council that Dean Piatt had phoned in regarding his absence from the meeting. His sister has suffered a Heart Attack.

Alderman Moreno: Complimented Chief Moreno and the Police Department on their recent investigation regarding a shooting in the City.

Alderman Puentes: Informed the Council that Chief DeFrance along with other area Chiefs as part of the MABAS went to New Orleans. Mayor Thodos commented that nothing is comparable to first hand training for disaster management.

Chief DeFrance: Informed the Council that 12 area firefighters have been deployed and returned from New Orleans during the first Phase, and currently 7 more have been deployed for 14 days. All cost that the City incurs is reimbursable through FEMA. Those firefighters from East Moline that went were: Cpt. Carlson, Firefighter Rossow and Cpt. Whitmer. Currently Cpt. Colmer is in New Orleans.

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

Doug Reil: Asked for Clarification on when the Land Option Agreement was going to be discussed. Mayor Thodos responded by telling him that the Council would be recessed and the COW meeting would be held and when that was completed the Council would reconvene, go into closed session, return to open session and any decisions on the Agreement would be done during open session.

Ken Pauly: Inquired if the IL firefighters deployed to New Orleans actually fought any fires. Chief DeFrance responded that the Fire Department there is only 65% strong and that normally they have 35 stations and currently only 6.

RECESS COUNCIL MEETING
A motion was made by Alderman Moreno, seconded by Alderman Kelley, to recess the Council Meeting. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried 8:15 PM

RECONVENE COUNCIL MEETING
A motion was made by Alderman Kelley, seconded by Alderman Westbrook, to reconvene the Council Meeting. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried 8:55 PM

EXECUTIVE CLOSED SESSION
A motion was made by Alderman Kelley, seconded by Alderman Westbrook, for Council to go into Executive Closed Door Session to discuss the Land Option Agreement and Purchase of Real Estate.
Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried 8:56 PM

OPEN SESSION
A motion was made by Alderman Kelley, seconded by Alderman Puentes, for Council to go into Open Session. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried 9:10 PM

CITY ATTORNEY:
RESOLUTION 05-36: A Resolution Of The City Council Of The City Of East Moline, Illinois, Authorizing Execution of A Vacant Land Option Agreement With Riverstone Group, Inc. For The Purchase Of a 116 Acre Tract Located On Barstow Road, City of East Moline, Rock Island County, State of Illinois

A motion was made by Alderman Kelley, seconded by Alderman Meredith, to adopt Resolution 05-36 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley and Westbrook. Motion Carried

ADJOURNMENT
A motion was made by Alderman Westbrook, seconded by Alderman Kelley, to adjourn the meeting. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried. 9:15p.m.

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

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