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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 12/19/2005

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 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 Holmes wished everyone a Happy Holiday Season.

CONSENT AGENDA
City Clerk Holmes read the Consent Agenda that included the following items


1. Approval of Salaries in the amount of $313,579.01.
2. Approval of Bills in the amount of $1,329,173.14.
3. Approval to hire three (3) new officers for the Police Department due to vacancies created by resignations and retirement.

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

REPORT BY THE MAYOR
Mayor Thodos read a letter he received from Don Welvaert Mayor of the City of Moline, expressing its encouragement of the City of East Moline to reconsider participating in the Community Technology Strategic Planning Study.

Mr. Keehner: City staff would certainly like to participate in that Community Technology Strategic Planning Study, especially from an Economic Development stand point it is vital. As prospects look at our community not only East Moline, but the entire Quad Cities as well. It is important that we have a good grasp of what kind of Broad Band capabilities we have or other High-Tech infrastructure. City Staff recommends that we participate within the study.

Aldermen Moreno asked what is the cost of this study. Mayor Thodos states this issue was brought before the City Council over a year ago. Mayor Welvaert indicated East Moline's portion would be approximately $12,000. Moline, Rock Island, and Silvis are participating. The purpose of this is to identify the optic fiber that is currently located within the Quad Cities part of the overall stragedy plan of lighting up some of the fiber for growth.

This item is being brought up for more discussion this evening unless Council wishes to take action. A year ago the concern was financial constraints placed on the City, but we are the one community that's not involved. Mayor Welvaert has requested that the City reconsider. Alderman Moreno asks which fund would this come out of, and do we have the money in the budget? Mr. Hughes states funds could possibly come from Economic Development or Recreation and Culture Fund.

Alderman Heiland asks if there is a time element involved. Mayor Thodos states he will be in communication with Mayor Welvaert. Currently there is no time element.

A motion was made by Alderman Puentes, seconded by Alderman Moreno, to bring this item to Committee-of-the-Whole for discussion at the first meeting in January 2006. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried.

CITY ATTORNEY
ORDINANCE: 05-35: An Ordinance for the Levy and Assessment of Taxes for the Fiscal Year beginning May 1, 2005 and ending April 30, 2006.

Finance Director Jim Hughes, informed the City Council that by using the "Omnibus" vote the following items can be voted on and approved in one vote.

1. Adopting the tax levy of $4,462,991 with an estimated rate of $1.8714.
2. A Resolution directing the City Clerk to file the tax levy in compliance with the truth in taxation statutes.
3. To approve the abstract of the minutes of the City Council meeting, setting the rate for the Street and Bridge Fund.
4. A Resolution directing that the Mayor and City Clerk to sign the certificates for the levy of a tax for the Street and Bridge Fund.
5. Ordinance affirming the establishment of a maximum police levy of 40 cents as approved by referendum.
6. Ordinance affirming the establishment of a maximum fire protection rate of 20 cents as approved by Ordinance 02-17.
7. A Resolution directing the funds from the Foreign Fire Insurance Fees be appropriated as directed by Ordinance 83-21.
8. A Resolution to levy $51,125.00 for the $250,000 swimming pool bonds.
9. Approval of the minutes of the City Council meeting approving the tax levy for Public Comfort Stations at 0.0004 cents.
A motion was made by Alderman Moreno, seconded by Alderman Heiland, to use the "Omnibus" voting method for items 1 through 9. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, Westbrook and Mayor Thodos. Motion carried.

A motion was made by Alderman Moreno, seconded by Alderman Heiland, to approve using the "Omnibus" voting method items 1 through 9 of the memorandum from the Finance Director Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, Westbrook, and Mayor Thodos. Motion carried.

A motion was made by Alderman Moreno, seconded by Alderman Kelley, to use the "Omnibus" voting method for the adoption of Ordinance 05-35 though Ordinance 05-48. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, Westbrook, and Mayor Thodos. Motion carried.

A motion was made by Alderman Meredith, seconded by Alderman Kelley, to waive the reading of Ordinances 05-35 through 05-48. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, Westbrook, and Mayor Thodos. Motion carried.

A motion was made by Alderman Kelley, seconded by Alderman Moreno, for the adoption of Ordinances 05-35 through 05-48. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, Westbrook, and Mayor Thodos. Motion carried.

ORDINANCE 05-36: An Ordinance Levying $60,000 Special Ad Valorem Tax within The East Moline 15th Avenue Special Service Area of the City of East Moline, Rock Island County, Illinois.

ORDINANCE 05-37: Ordinance providing for Abatement of the Valoren Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Bonds, Series 2002A, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-38: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay principal of and interest on certain outstanding General Obligation Alternate Bonds, Series 1998A, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-39: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Alternate Bonds, Series A, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-40: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Bonds, Series 1998, of the City of East Moline, Illinois; and concerning related matters.
ORDINANCE 05-41: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Bonds, Series 2003A, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-42: Ordinance providing for the Abatement of the Valorem Taxes Levied to pay principal of and interest on certain of the Outstanding General Obligation Alternate Bonds, Series 2003B, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-43: Ordinance providing for the Abatement of the Ad Volerm Taxes Levied to pay principal interest on certain outstanding General Obligation Alternate Bonds, Series 2004, of the City of East Moline, Illinois.

ORDINANCE 05-44: Ordinance providing for the Abatement of the Ad Valoren Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Alternate Bonds, Series 1995-"AMT", of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-45: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay interest on certain of the outstanding General Obligation Alternate Bonds, Series 1998B, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-46: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay interest on certain of the outstanding General Obligation Alternate Bonds, Series 2000C and 2002D, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-47: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Alternate Bonds, Series 2003C, of the City of East Moline, Illinois; concerning related matters.

ORDINANCE 05-48: Ordinance providing for the Abatement of the Ad Valorem Taxes Levied to pay principal of and interest on certain of the outstanding General Obligation Alternate Bonds, Series 2001, of the City of East Moline, Illinois; and concerning related matters.

ORDINANCE 05-49: An Ordinance changing the Zoning and Amendment of the Zoning Map of the City of East Moline, Illinois, attached to and made a part of the Zoning Ordinance of the City of East Moline, Illinois, of July 24, 1967, and as amended.

Richard VanRaes, City Planner, presented an overview of Ordinance 05-49. This Ordinance changes the zoning district for properties located at 526 Avenue of the Cities from Residential to Commercial. Mr. Van Raes referred to Plan Commission Resolution 2005/06. The owner intends to develop the property as a Day Care Center. Discussion on location, parking and public hearing.

A motion was made by Alderman Doose, seconded by Alderman Meredith, to waive the reading of Ordinance 05-49. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried.

A motion was made by Alderman Meredith, seconded by Alderman Kelley, to adopt Ordinance 05-49 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried.

ORDINANCE 05-50: An Ordinance authorizing the trade in of two trucks for the purchase of two trucks on behalf of the City of East Moline Maintenance Service Department.

Mr. Willemarck: This is for the purchase of two (2) pick up trucks, one is an F-350 Ford Utility truck with a purchase price of $37,172. With that is a trade-in of a 1994 Ford pick-up truck. The second truck is an F-450 Dump truck with a purchase price of $44,467. With that is a trade in of a 1996 Ford pick-up truck. Both of these items are budgeted.

A motion was made by Alderman Heiland, seconded by Alderman Kelley, to waive the reading of Ordinance 05-50. 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 Heiland, to adopt Ordinance 05-50 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried.

OTHER:
Opening of Responses to Request for Proposals- Guaranteed Savings
Performance (Mr. Hughes):
We did receive one (1) bid from Johnson Controls, in their estimation with the proper engineering; we could save $385,000 annually from improvement studies. Accepting this bid is no cost to the City of East Moline. Johnson Controls have done a study of some City buildings and processes the City uses. Johnson Controls feel with further engineering they can find $385,00 a year in annual savings. Those savings can be used to pay a Bond Issue or make needed improvements within the City. At the end of that study if they do not prove to staff and City Council that there is a saving, then there is no cost to the City of East Moline.

A motion was made by Alderman Heiland, seconded by Alderman Moreno, to direct the City Attorney to draft a Resolution to accept the proposal from Johnson Controls. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried.

RESOLUTION 05-48: A Resolution of the City Council of the City of East Moline, Illinois, authorizing execution of a Redevelopment Agreement between the City of East Moline, Illinois, and Triumph Foods, LLC.

Mr. Keehner: On December 5th we presented the Redevelopment Agreement that had been negotiated between City Staff on behalf of the City of East Moline and Triumph Foods LLC. At that particular City Council and Committee-of-the- Whole meetings there were a number of concerns raised, out of those concerns we have taken the Redevelopment Agreement and addressed a number of those concerns, and they are as follows:

On the cover page of the Redevelopment Agreement, and page #1 the date was changed to reflect December of 2005 instead of November 2005.

We addressed two (2) concerns regarding the Minimizing of the Odor, and Inspections, on page 4 under Section B and C the following language was added to address these concerns.
(B). Design of Project to Minimize Odor. The Developer and the City are both concerned about minimizing any odor coming from the project, the developer has instructed there architect to specifically address this concern in there design of the project, and the developer will use best efforts both in design and operation of the project, to restrict and minimize any odors emanating from the project. For purposes of this Agreement "best effort" shall mean the efforts that a prudent person desirous of achieving a result would use in similar circumstances to achieve that result in a commercially responsible manner.

(C). Inspections. The City shall retain a professional engineering firm to review plans and specifications for construction of the facility, including the onsite sewage treatment facility to ensure that the facility and all mechanical installations are in compliance with all City Codes. The Developer agrees to reimburse the City for cost of said professional review and inspection up to the amount of $150,000, with said reimbursements to be paid by Developer to the City within 30 days of receipt by Developer, of the invoices for said professional services.

With the extension of the Illinois Quad Cities Enterprise Zone for the project, as part of the incentive package offered by the City to Triumph Foods was the waiver of permit fees, not waiver of inspections, as a result of this our Inspection Department will still be required, because we issued the permit to provide a service, and the service will be the inspection, so to lessen the burden on our Inspection Team we negotiated the reimbursement of a $150,000 by using a third party for the plan review.

The Development Agreement: On page 5 in the third paragraph 5th line down we removed the following; The City shall be operated we are talking about the Pre-Treatment on-site Sewage Facility. The facility shall be operated to regulatory standards approved by appropriate regulatory agencies. We have removed the term Mimumin; City Staff has addressed another concern raised on December 5th.
Bottom of page 7 under paragraph (I): In this paragraph the total initial equalized assessed value, and you can see clearly there is a $900,000 item in there, as we mentioned at the December 5th meeting the City and Triumph Foods had reached an agreement, although nothing was executed that we would attain a 2.7 Million Dollar assessment on the Project Site and attain that assessment the dollars leverage from the levy applies to Equalized Assessed Value (EAV), which the 2.7 Million divided by three (3) would total $900,000.with your EAV which is multiplied to reach the funding for the taxing bodies. We reached that in principal, we did not negotiate and execute the agreement. Instead of having a side agreement with Triumph Foods we put the following paragraph inside the Development Agreement.

Side Note: What we are doing here, we looked at many different ways for instance the purchase of the property once its purchased the price for fair market value or assessment would become the purchase price, and the creation of the Tax Increment Finance District (TIF) at some time in the future cause City Staff to be uncertain as to how and when will we would reach that 2.7 Million dollars. When we create the TIF later we will levy taxes and anything $900,000 and below EAV those funds as prescribed in that paragraph, when they are placed into the TIF account will not be used to pay for the 7 Million or 8 Million Dollar Bonds or the $500,000 to reimburse Triumph Foods or any other eligible expenses related to that project. As a result of that $900,000 will be deemed as "surplus funds" and distributed back to the taxing bodies. The City of East Moline on an annual basis will issue a check to the taxing bodies. This is in the agreement as we discussed on December 5th.

Attorney Phrase asked Mr. Keehner to address the complementary changes in the Preambles with respect to the timing of the adoption of the Redevelopment Plan and the TIF Ordinance for the adoption of the TIF district.

PREAMBLE (Mr. Keehner)
Page 1 of the Preamble 3rd Whereas; City Staff intends to adopt and approve on or before January 1, 2007 a Redevelopment Plan, and project Plan for the Gateway Industrial Park. Our TIF Consultants Ehlers & Associates Inc. on December 5th was given approval to proceed with that redevelopment and project plans, and they will do so in the month of January, 2006, negotiate efforts with Triumph that on or before January 1, 2007 the City of East Moline will adopt three (3) development and project plans.

4TH WHEREAS; City Staff intends to adopt Ordinances on or before January 1, 2007, approving the proposed Redevelopment Plan, designating the proposed Redevelopment Project Area as a "redevelopment project area" (as that term is defined under the TIF Act) Create the TIF on or before January 1, 2007.

The language allows us to create the TIF when it is needed, and the funding for the Taxing Bodies based upon 2.7 Million Assessments will be there.

During our December 5th meeting I was asked if a Dunn and Brad Street financial statement was obtained the answer was no, however I have reviewed the financial statements provided to me for Triumph and some of their other companies. Myself and our Legal Counsel have reviewed these and we are both satisfied that Triumph Foods has the wherewithal to move forward and complete this project in a timely manner. Additionally, I think it is very important that the City Council understands the next statement.

We attempted to address a question that was asked of staff on December 5th, and I would just like to clarify the answer for you it involves our Sewer Plant.

Our Sewer Plant has the capacity to serve this project, here in East Moline and surrounding communities. We have a design flow of 11.1 Millions gallons a day, currently we have an average flow of between 4.3- 4.5 Million gallons per day. We have the capacity for this project 2.7 Million gallons plus or minus 15% ect. I just want you to be perfectly clear that our Sewer Plant can handle this project, City and surrounding areas. Our water Department also has the capacity to serve the City of East Moline, and other communities as well. It is at about 50% of capacity, so we do have the capacity to handle this project it's not an issue.

Mayor Thodos thanked Mr. Keehner and stated that a lot of the input that was taken from the December 5th meeting has been incorporated into this agreement as well as other issues. The Council thanked Mr. Keehner for the wonderful job he has done in answering all of the questions, and concerns that were raise during the December 5th meeting.

Mayor Thodos opened the floor for brief comments from the audience regarding the revisions that have been made to the Redevelopment Agreement.

Twenty-five individuals did address the City Council, who still expressed some concerns even with the revisions. After a lengthy discussion of addressing additional concerns, question, pros/cons Alderman Puentes called for the question.

A motion was made by Alderman Puentes, seconded by Alderman Heiland, to adopt Resolution 05-48 as presented. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. Motion carried.

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

Wastewater Plant Bids Fixtures & Laboratory Renovations (Mr. Drake)
Laboratory renovations are required for us to stay in compliance of the Illinois Department of Health Regulations for a Certified Bacteria Testing Laboratory. Funds have been budgeted in our capital improvement projects with a cost of $30,000 for this portion of the project.

On December 15, 2005, we received two (2) bids for this project, the bids are as follows:
Construction Partners of Quad Cities $29,850.00
VWR International $21,807.35
Recommendation: Award the project to the low bidder, VRW International in the amount of $21,807.35.

A motion was made by Alderman Meredith, seconded by Alderman Kelley, to accept the low bid from VWR International in the amount of $21,807.35. Upon roll call the following voted in favor: Heiland, Puentes, Moreno, Doose, Meredith, Kelley, and Westbrook. 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

Alderman Heiland: Tomorrow morning at 6:00a.m. we are having an employee's and retirees breakfast at Maintenance Service everyone is invited to attend. The Police Benevolent, the Fire Department, the maintenance workers, Denny Jacobs, and the elected officials sponsor it.

Chief Moreno: Wished everyone a Happy Holiday Season.

Chief DeFrance: Merry Christmas to all.

Mr. Drake: Myron Gochanour received his Class A Certification from the State of Illinois. Out of the 11 employees at the plant 10 employees are certified, that is highest in the State. Merry Christmas to all.

Mr. Hughes: We have received the City Annual Audit, and the Performeter is available, there will be a presentation of the Performeter on January 17th at 6:00p.m.

Mr. Lauper: Wished everyone a Merry Christmas and a Happy New Year.

Mr. Keehner: Reminder MetroLink East Pointe Transit Facility will be having their Grand Opening on Wednesday, December 21st at 12:00 noon. Hope to see everyone there and Happy Holidays.


Mr. Van Raes: Merry Christmas.

Alderman Moreno: Happy Holidays.

Alderman Puentes: Happy Holidays.

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

Mr. Hoffman: Thanked the City of East Moline for considering the Redevelopment Agreement and we are looking forwarding to partnering with the City of East Moline.

Doug Riel – Expressed his disappointment at the Council's decision tonight, and feels it is a setback for this side of the river, and a sad day for the City of East Moline.

Alderman Hieland: Once the facility is built and it is successful I would like for you to come back to the Council in 2010 and acknowledge that this was the right thing to do for the City.

Tom Hart - Q.C. Development Group – Thanked the Mayor and City Council for the patience and professionalism you have shown. The yes vote tonight was not only for the City of East Moline, but also for the entire Quad Cities.

David Kelley – 1028 38th Avenue, East Moline, Congratulated the City Council for making the right decision.

ADJOURNMENT
A motion was made by Alderman Moreno, seconded by Alderman Kelley, to adjourn the City Council meeting. Upon roll call the following voted in favor: Heiland, Puentes, Moreno Doose, Meredith, Kelley, and Westbrook. Motion carried. 8:35p.m.

Minutes taken and submitted by,
_______________________________
Arletta D. Holmes, City Clerk

 

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