The Rock Island City Council met for Study Session at 5:00 p.m. on Monday, March 1, 2004, in the Personnel Conference Room of Rock Island City Hall. Present were Mayor Mark W. Schwiebert, presiding, and Aldermen Terry M. A. Brooks I, David R. Conroy, John E. Bauersfeld, Jr., Daniel Rockwell, Evelyn "Evie" R. White and Ann L. Keefe. Alderman Frank J. Forlini, Jr. was absent. Staff present included City Manager John C. Phillips, Community and Economic Development Department Director Greg Champagne, Planning Administrator Alan Carmen, Public Works Director Bob Hawes, Public Works Assistant Tim Ridder, Martin Luther King Center Director Gerald Jones, Urban Planner Jill Doak, Special Projects Manager Sally Heffernan and Land and Programs Coordinator Mary Chappell. Others present included Dan Carmody and Brian Hollenback of Renaissance Rock Island, Community Marketing Director Jennifer Fowler, and Kurt Reider and Mary Margaret Jones of Hargreaves Associates.

MISCELLANEOUS

City Manager John Phillips called attention to the packet of information being distributed, which included a copy of a news article regarding the Casino. He clarified that he spoke with Jumer’s earlier today, and they have stated that some investors who are interested in purchasing a Casino License approached them, and they have met with them. However, the representative of Jumer’s also indicated that they are committed to follow through with the project as planned.

Alan Carmen, Planning Administrator, distributed the revised Agenda for the Public Hearings. He noted that the revisions were due to the Resolution adopted by the Village of Milan late Monday afternoon to allow City Administrator Steve Seiver to speak on their behalf. In addition, two Resolutions were distributed to Council, one adding Barb Wlaskolich and ChrisTina Kost as witnesses to speak on behalf of the Big Island Conservancy District, and the second Resolution requesting that the City stay action on the Petition for annexation and annexation agreement as well as the two Special Use Permits until a joint response is prepared and submitted to the City by the District, Corps and Village of Milan. Mayor Schwiebert reviewed the procedure, noting that one of the first actions of Council at the meeting will be to adopt the procedure. He encouraged Council to ask questions, adding that there is a time allotted for them on the Agenda.

NEW NEIGHBORHOOD PLANNING

Dan Carmody and Brian Hollenbeck, of Renaissance Rock Island, discussed the New Neighborhood Plan that they are looking at for the area west of 11^th Street and north of 7^th Avenue. He indicated that the Old Chicago Neighborhood has been problematic with demolition creating vacant land, and about two thirds of the existing building stock is in deteriorated, poor or fair condition. He stated that the disinvestments are continuing, and this makes it difficult to take an incremental approach. He noted that some of the good news in that Neighborhood has involved some of the key anchors – the Martin Luther King Center, Lincoln Homes and the Second Baptist Church. He stated that the time is ripe to prepare for a much more radical rejuvenation of an older neighborhood. He suggested developing the New Neighborhood in a four to six block area in part of the Old Chicago Neighborhood.

Mr. Carmody stated that he would like to have the Council hold a Study Session in April at Victoria’s Cottage on 15^th Street. Brian Hollenback spoke about the Planned Unit Development with a clubhouse type facility that would be available to all the tenants. Alderman Conroy asked if this would have a covenant to regulate things like parking, etc., and Mr. Hollenback responded that is part of the plan.

Council discussed the possibility of having more retail businesses along 7^th Avenue and 11^th Street, and Alderman Brooks stated that this plan addresses some of the goals set by Council in September regarding Infill Housing.

Mr. Carmody stated that this project would begin with a planning study. They plan to pursue some federal and state funding resources for assistance. Greg Champagne, Community and Economic Development Department Director, stated that a report regarding a funding commitment would be prepared and presented to the City Council for approval at the March 15 meeting.

RIVERVISION

Mr. Carmody then introduced Kurt Reider and Mary Margaret Jones of Hargreaves Associates, who presented some of the ideas for the RiverVision project. He also noted that the public meeting for RiverVision begins at 5:30 p.m. with registration at the Four Points Sheraton on March 2, with the meeting beginning at 6:00 p.m. He encouraged Council members to attend. He noted that the purpose of this meeting is for public input on the concepts that have been put together from comments collected at the first of the public meetings held in December of 2003.

Mr. Reider and Ms. Jones reviewed some of the comments received, and also shared the various options that have been sketched out as a result of these comments. Some of the options had pedestrian piers extending over the water, while others had walkways along the river on top of the levee. Ms. Jones stated that many of the comments indicated that there is no need for another bridge and doing away with the one-way street system. She indicated that the options showed that retail in Davenport is pulling away from the river, while in Rock Island, they seem to be putting more retail and residential living spaces closer to the water.

They discussed some of the icons that could be used to identify this area, such as the Centennial Bridge or perhaps a fountain in the middle of the River. Following discussion, Mr. Reider and Ms. Jones indicated that they would be back in late spring with more information and plans for Council to review. Council requested that more time be allowed for this presentation at that time.

ADJOURN

A motion made by Alderman Keefe and seconded by Alderman Rockwell to adjourn the meeting CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Rockwell, White and Keefe. NAYS: None.

The meeting was adjourned at 6: 30 p.m.

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Jeanne F. Paggen, City Clerk

The Rock Island City Council met for regular session at 6:45 p.m. on Monday, March 1, 2004 in the City Council Chambers of Rock Island City Hall. Present were Mayor Mark W. Schwiebert, presiding, and Aldermen Terry M. A. Brooks I, David R. Conroy, John E. Bauersfeld, Jr., Daniel Rockwell, Evelyn "Evie" R. White and Ann L. Keefe. Alderman Frank J. Forlini, Jr. was absent.

INTRODUCTORY PROCEEDINGS

Mayor Schwiebert called the meeting to Order and led in the Pledge of Allegiance to the Flag of the United States of America. Alderman Keefe gave the Invocation. A motion made by Alderman White and seconded by Alderman Rockwell to approve the Minutes of the meeting of February 23 as printed CARRIED on a Voice vote.

CLAIMS

Agenda Item #6

FEBRUARY 20 THROUGH 26

The City Clerk read the claims for the week of February 20 through 26 in the amount of $900,225.88. A motion made by Alderman Rockwell and seconded by Alderman White to allow the claims CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Rockwell, White and Keefe. NAYS: None.

COMMUNITY AND ECONOMIC DEVELOPMENT/PUBLIC HEARING

ALDERMAN ROCKWELL/CONFLICT OF INTEREST STATEMENT

Mayor Schwiebert called on Alderman Rockwell, who read a statement indicating that, on the advice of the City Attorney, he would need to abstain from voting on any matters pertaining to any Casino Rock Island or Riverstone issues to avoid a conflict of interest or the appearance of one. He noted that he holds a supervisory role at Thoms Proestler and as such, is involved in transactions with the Casino. He explained how this could create a potential conflict of interest regarding issues relating to the Casino as well as Riverstone.

Agenda Item #7

PUBLIC HEARINGS PROCEDURE/RIVERSTONE

The City Clerk read a report from the Community and Economic Development Department regarding the Public Hearing Procedures for Riverstone Annexation and Special Use Permits. A motion made by Alderman White and seconded by Alderman Conroy to adopt the revised procedures as recommended CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Rockwell, White and Keefe. NAYS: None. ABSTAIN: Alderman Rockwell.

Agenda Item #8

PUBLIC HEARING/ANNEXATION, SPECIAL USE REQUESTS

Mayor Schwiebert closed the regular meeting and opened a Public Hearing at 6:50 p.m. on a request from RiverStone to annex into the City of Rock Island five parcels located at the northeast, southeast and southwest quarters of Interstate 280 and Illinois Route 92, and connecting segments of public right of way of Interstate 280 and Illinois Route 92; a request for a Special Use Permit to operate a Sand and Gravel Extraction Operation on property at the northeast quarter of Interstate 280 and Illinois Route 92 (Rock Island Parkway; and a request for a Special Use Permit to operate a Sand and Gravel Office and Retail Operation on the southwest quarter of Interstate 280 and Illinois Route 92 (Rock Island Parkway).

Mayor Schwiebert then asked the representatives of the four interested parties that attended the pre-hearing conference Thursday afternoon, February 26, to come forward and take seats at the Cross Examination Table – Attorney Robert Alvine representing Riverstone, Attorney Dean Sutton representing both the Big Island Soil and Water Preservation Committee and the Big Island River Conservancy District, Patrick Carlson who is present on behalf of the Quad City Audubon Society, and Steve Seiver, Village Administrator of the Village of Milan. Mayor Schwiebert noted that Mr. Seiver presented him earlier with a Resolution adopted by the Village Board authorizing him to act on behalf of the Village of Milan as an interested party, though not as a proponent or as an opponent but rather to present testimony from a witness and to make a statement. Court Reporter Kathy Johnson, of Joe Pavletti & Associates, was present to record the proceedings.

Mayor Schwiebert confirmed with the parties representatives named above that they were all in attendance at the pre-hearing on Thursday, they are familiar with the agreements that were reached specifically confirming the agreement that all three issues will be heard in a consolidated public hearing, and they will be acting on behalf of all of those who are interested and will have the rights of cross examination. Those named agreed to the statement. Mayor Schwiebert noted that the procedure previously approved at the pre-hearing was approved by the City Council and will govern the public hearing.

Mayor Schwiebert then reviewed some preliminary issues. He noted the large group of people in attendance, noting that this was one of the first, most contested hearings since the new rulings for public hearings. The new opinion, handed down by Supreme Court Justice Tom Kilbride, provides for parties to provide testimony and rights of cross-examination. He noted that there are experts on both sides that would be speaking, and one other witness. He reviewed the number of experts and witness that have signed up, noted the length of time for each person, and indicated that the hearing could run thirteen to fifteen hours. He encouraged each of the people and representatives to ask questions that need to be asked and not to ask them multiple times. He noted that the City Clerk will be the official timekeeper, and she will notify him of the time remaining for each. He reviewed the process, hearing the proponents first and then the opponents, followed by the neutral parties.

Planning Administrator Alan Carmen announced the sign-in sheet for people to sign in, asking the name, address and whether they were opposed or in favor of the issues. He indicated that there is closed circuit television access in the Personnel Conference Room for those who wished to watch it from that area. He read the seven Special Use Permit factors, as identified in the Rock Island Zoning Ordinance, that the City Council needs to identify after the balance of the hearings to assure that these findings have been met if there is interest in approving the requests.

Following the staff report from Mr. Carmen, Attorney Alvine gave a presentation on the Riverstone Project. He stated that Jumer’s came to Riverstone to discuss their plans and proposal. He noted that eh United States Army Corps of Engineers would be the final decision makers about the Riverstone project and the levee integrity and seepage. He noted that there is concern that the project will contaminate the water and septic systems on Big Island, and, referring to a study, indicated that their water is already contaminated by their own septic systems. He stated that the levee will not be harmed, and property values will remain the same.

Mr. Alvine then introduced Marshall Guth, 1701 5^th Avenue, Vice President of Operations for the Riverstone Group, reviewed the proposed operations plan. He described the process, and discussed the plans for the berm.

William E. Holman, Stanley Consultants, Wayzata Boulevard, Minneapolis Minnesota, was the next expert witness to speak. He presented some background information on himself, which included the study and design of flood protection levees. At this point, Mayor Schwiebert swore him in as a witness. (Following this, each witness was sworn in as they came to the lectern.) Mr. Holman described an analysis that Stanley Consultants preformed which included thirty-four soil borings done by Riverstone and Stanley Consultants. He stated that they reviewed the site, walked the site and talked with management. He noted that they also spoke with residents about their concerns during previous flood events.

Following his presentation, Mr. Holman was cross-examined by Attorney Sutton and Mr. Seiver, followed by questions from the Council members.

The next person to present testimony was Michael Donnelly, of Stanley Consultants Inc., 8501 W. Higgins Road, Chicago Illinois. Mr. Donnelly indicated that he is a geologist and not a geo-technical engineer. He discussed the geological findings from the soil borings. He was then cross-examined by Attorney Sutton and Mr. Seiver, and responded to questions from Council members. In response to a question from Alderman White, Attorney Alvine responded that, in the case of a serious flood, operations would stop and water would not be pumped back inside. A dredge pump would be used to drain the water into the Mississippi River. A brief break was taken at this time to allow the court reporter to change the paper in the machine.

Mr. Alvine presented reports from Stanley Consultants to the Mayor.

Robert Baecke, 2148 10^th Street Place, East Moline and 826 16^th Avenue, East Moline, presented as a Licensed Certified Appraiser. He noted that he has appraised properties on Big Island prior to the levee being built there. He distributed photos of various locations and presented the background of each site in relation to the previous work on quarries. He stated that, in his opinion, property would not suffer from the proposed project. He noted that the Jumer’s project would benefit not only Rock Island but also other areas of the Quad Cities by providing additional opportunities for employment. Mr. Baecke was then cross-examined by Attorney Sutton and Mr. Seiver. Attorney Alvine then presented the report by Mr. Baecke to Mayor Schwiebert.

Following a break, Council members asked questions of Attorney Alvine regarding heavy equipment and the number of employees. Attorney Alvine responded that the heavy equipment would be used in the beginning to prepare the site – for about six weeks - and when the berm is being built. He noted that one employee would be needed after that to run the equipment. (Correction from meeting of March 8 by Alderman Keefe.)

The next expert to testify was Timothy Casey of 6190 Golden Hills Drive, Minneapolis, Minnesota. He introduced himself as being the creator and president of HDR Environmental Acoustics Program. He stated that the provide noise monitoring. He discussed the monitoring testing they performed from the various site locations of Riverstone. One test was performed on the operations at the existing facility, one on the sound of the sand going through the pipes, and the third was from a farmhouse currently owned by Riverstone. He discussed the perceivable decibel level, noting that they used a ten-foot berm as well as performing the tests without a ten-foot berm, using the Federal Highway Administrative methodology. He indicated five features of the berm that will reduce noise to the residents. Mr. Casey was cross-examined by Attorney Sutton, Mr. Carlson, and Mayor Schwiebert.

Mr. Alvine then introduced Myron Scheibe, 1701 River Drive, Moline, and Civil Engineer with Shive-Hattery. Mr. Scheibe discussed the project, and noted that there will not be truck traffic on Big Island. He discussed the northeast quadrant, which will have a chain link fence around it. He stated that there will be no impact on residential properties, and the project will not be detrimental to them. He then addressed some of the issues discussed earlier, stating that the endangering of public health, safety and comfort will be addressed by the berm and fence, and if there is a need for the extension of roads, Riverstone will address this need. Mr. Scheibe was cross-examined by Attorney Sutton and Mr. Carlson, and responded to questions from Council. Attorney Alvine then presented Mr. Scheibe’s report to Mayor Schwiebert.

William Ashton, of Ashton Engineering, 1225 East River Drive, Davenport Iowa, noted his extensive experience of flood control protection. He reviewed the flood control plan of Riverstone, and stated that the standards for the levee are consistent with the existing levee. Mr. Ashton was cross-examined by Attorney Sutton and Mr. Seivers, and responded to questions from Mayor Schwiebert and Council members.

In response to a question from Alderman Bauersfeld concerning a 200-foot setback, Attorney Alvine noted that the Corps of Engineers has told them that a 200-foot setback would be adequate. He added that they are reviewing the project, and if an additional amount of setback is needed, Riverstone will comply. Written reports supporting the findings of all expert witnesses were presented by Attorney Alvine and accepted as a part of the record of the hearing. (Added as correction on March 8)

At this time, Mayor Schwiebert asked State Representative Pat Verschoore to speak, noting that he had registered as an interested part on the opponent side. Mayor Schwiebert stated that Representative Verschoore needed to be in Springfield on Tuesday, and he was going to allow him to speak at this time.

Representative Verschoore read a statement indicating that the is not opposed to a sand and gravel system, but he did not believe it to be in the best interest of the residents of Big Island, Jumer’s or the City of Rock Island. He expressed objections he had heard from members of the Rock Island Conservation Club, as well as other residents of the area. He stated that, until the Big Island residents are comfortable with the project, he could not support it. He presented copies of letters from the Illinois Department of Transportation to Council.

RECESS

At this time, Mayor Schwiebert noted that it was 11:00 p.m., and suggested that Council recess to Wednesday, March 3 at 5:30 p.m. A motion made by Alderman White and seconded by Alderman Conroy to recess to Wednesday, March 3 at 5:30 p.m. CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Rockwell, White and Keefe. NAYS: None. The meeting was recessed at 11:02 p.m.

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Jeanne F. Paggen, City Clerk