The Rock Island City Council met in reconvened session at 5:30 p.m. on Wednesday, March 3, 2004 in the 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. Court Reporter Kathy Johnson of Joe Pavletti & Associates was present to record the proceedings.
Mayor Schwiebert reconvened the meeting, noting that this meeting was a continuation of the Public Hearing that began March 1. He noted that all of the Council members present when the meeting was recessed March 1 were present for this session. Mayor Schwiebert reviewed briefly the procedure, and explained that he would be swearing in each of the expert witnesses individually. He then asked all of the members of the audience who wished to speak to stand at this time, and he swore them in as a group.
Mayor Schwiebert then called on the proponents who had registered to speak without being cross-examined. Rory Washburn, Executive Director of the Tri-City Building Construction Trades Council, representing the Building Trades Union, 4602 46 Avenue, Rock Island, spoke in favor of the project. He noted that the support of the Building Trades Union was based on the economic development, the additional construction adjacent to the Casino, and the benefits of the project to the Quad City Area.
Paul Delcourt, 1312 42 Avenue, Rock Island, stated that the Quad Cities needs this project. He stated that it is not often that a company is willing to invest ninety million dollars in the area. He noted that he is also a member of the Carpenters Local.
Franklin Bell, 920 43rd Street, spoke in favor of the project. He noted that it can be a win-win situation for all Rock Island the entire area as long as the safety and environmental concerns are in place.
Phyllis Schwindt, 1510 35th Avenue, President of the Illinois Quad City Chamber of Commerce, spoke in favor of the project. She called attention to a letter of support from Rick Baker, Executive Director of the Q C Chamber, which was received by Council earlier. She asked that the City Council give appropriate weight to the information presented at the meetings, and encouraged the leaders of Rock Island to provide the leadership the Illinois Quad Cities needs to bring balance to the Quad Cities future growth. She asked that they economic development to the Illinois Quad Cities.
Dan Carmody, Executive Director of both the Development Association of Rock Island and the Rock Island Economic Growth Corporation, spoke next. He stated that both groups passed Resolutions at their last meetings in February urging Council to support the Special Use Permits and the Jumer’s project. He commended Big Island residents for organizing as they did, and stated that he understands their concerns for flood protection and property values. He spoke of the dedication and extreme diligence of the Corps of Engineers in working to review the design and oversee the construction of the downtown floodwall, and noted that he would expect the same in working with the levee system on Big Island with this project. He noted that flood protection systems are often modified to adjust to changing community needs.
Phil Scott, who has a local business engaged in local development, stated that he hires engineers for their skills. He spoke in support of the expert witnesses who spoke Monday evening. He also noted that the Corps of Engineers and the Illinois Department of Transportation would be making the final decision.
Mr. Scott noted that these are the professionals who must determine the design standards and specifications necessary to protect our communities. He stated that the City Council, as elected officials, should be looking at the big picture. He stated that there is support in the City for the project, and Riverstone supplies building materials that are needed by the community. He stated that the Jumer’s Project could change the community. He added that the Riverstone Mining Project is not a mining project but rather a business with one man operating unobtrusive equipment. He stated that he could testify, as Chairman of the Southwest Planning Commission, that many hundreds of man-hours were invested to determine the future of the 17,000-acre area encompassed by the plan. He noted that RiverStone’s request and Jumer’s development are exactly what the community is hoping to achieve as our goal of quality growth. He asked Council to give the project approval.
Chad Urban, 209 East Dennison Avenue, Davenport, IA, spoke in favor of the project. He noted that he is the Branch Manager for National City Bank in downtown Rock Island. He stated that the project affects not only Rock Island but also the entire area, and will be a big draw for tourism. He stated that this project is exactly what the Illinois Quad Cities needs and deserves.
Attorney Sutton then introduced the first of the expert witnesses to testify on the opposition side of the issue and presented documentation from Klingner & Associates. Michael D. Klingner, of Klingner & Associates, P.C. 616 North 24th Street, Quincy Illinois, reviewed his qualifications and stated that he has reviewed the Riverstone Special Use Permit application. He stated that they would recommend a minimum of 200-foot setback from residential areas to maintain the integrity of the berm. He indicated that additional study is recommended to establish the water elevations for the sand and gravel facilities. He discussed some of the issues of concern regarding the internal drainage and protecting water sources. He stated that the documents they reviewed did not include any seepage tests or analysis, but noted that a preliminary seepage analysis has been completed by Klingner & Associates. In this analysis, when comparing the new pumping facilities completed after the flood of 1993, the existing pumping capacity appears to be low. He recommended additional documentation to assure mitigation. Mr. Klingner was then cross-examined by Attorney Alvine, and responded to questions from Alderman Bauersfeld, Alderman Conroy and Mayor Schwiebert.
Brian Bross, Klingner & Associates, 3318 Market Street, Hannibal MO, reviewed his background for Council. He discussed disturbances that could occur in the water systems with the mining operations. He suggested that the installation of a public water supply system with pipes that come from a water facility would be needed if this project were approved. Mr. Bross was then cross-examined by Attorney Alvine. There were no questions from Council for Mr. Bross.
Attorney Sutton and Attorney Alvine held a brief counsel with Mayor Schwiebert regarding the acceptance of a document submitted by one of the experts who was unable to attend the hearing. Mayor Schwiebert suggested that Attorney Sutton bring this up during that portion of the hearing.
Terrell A. Honnold, 3222 Jefferson Court, Davenport IA, indicated that he has been a consultant for thirteen years for Big Island. He stated that the Casino Project would not detract from the property values of Big Island, but the Riverstone Project would. He noted that the current levee works well as planned, and should not be changed. He talked about the Market Value of a home, and the considerations involved, such as flood and water quality, consistency of zoning within a neighborhood, neighboring property uses and operations, all of which would be affected by the Riverstone project. He presented information to Council.
Mr. Honnold discussed Sullivan Lake View Acres, which is a subdivision northwest of the Big Island flood-protected area. He stated that this area is very unattractive, and Big Island residents do not want their homes to go down that path. Mr. Honnold was cross-examined by Attorney Alvine, and responded to a question from Alderman Keefe.
The next
person to speak was Frederick Snedeker, of Alliance Engineering of
California. He reviewed his
qualifications, and stated that the he has reviewed the annexation and
development agreement, which included two Special Use Permit applications from
Riverstone Group, Inc. He presented
documents to Council and commented on statements included in the documents
previously received by Council. He
stated that the height of the berm is a view restriction that most residents
would find offensive in their back yards regardless of the landscaping. He
stated that the proposed chain link fence topped with barbed wire is too short
to provide security for the site, and then added that it may address the
security issue at six feet, but would be an eyesore at any height unless
landscaping obscures it. He indicated that Big Island is a community. He noted that the two issues need to be
separated, and people would not be opposed to the Casino Project. He stated that more information is needed
before a decision should be made. Mr.
Snedeker was cross-examined by Attorney Alvine. During the cross-examination, it was learned that Mr. Snedeker is
not a professional engineer, and was appearing pro-bono because his sister,
ChrisTina Kost, asked him to speak. He
noted that he was not in attendance Monday night.
Attorney Sutton noted that an Engineer, Eugene Rebello, was unable to attend these hearings, but asked that his documentation be submitted. Attorney Alvine objected, stating that the purpose of the process was to allow cross-examination of the witnesses, which is a fundamental right of due process. He stated that submitting this information would be against the ruling of the Klaeren Case. Attorney Sutton stated again that the document should be submitted. The ruling of Mayor Schwiebert was that it not be admitted into evidence, adding that when someone is cited as an expert, they should be able to be cross-examined.
A ten-minute break was taken at this time. Other Registered Speakers were scheduled to speak following this break. When the hearing reconvened, Attorney Alvine asked for clarification on these speakers, noting that he understood that there would be no cross-examination, and they would be basically presenting their personal opinion. Mayor Schwiebert stated that the issues would be decided on facts and scientific data as well as expert testimony. Although others will be speaking, their testimony would not be as compelling as the other testimony.
ChrisTina Kost, 2104 Big Island Road, and Liaison Officer for Big Island River Conservancy District and the Big Island Soil and Water Preservation Committee, discussed the project and demonstrated her statements with pictures. She asked that the two projects be separated. She stated that Big Island has never stood in the way of economic development, and they support economic development. She noted that they do not support this project because of the damage they feel it will do to Big Island in terms of flooding and poor water quality. She responded to a question from Alderman Keefe regarding the members of the Big Island Conservancy District.
Jim Bohnsack, Chairman of the Rock Island County Board, noted that the County Board passed a Resolution asking support for the residents of Rock Island County that they be given a full and fair process of hearing. He noted that he has observed that this is occurring and he and other Board Members in attendance have been pleased with the process.
Barb Wlaskolich, 2528 58th Avenue West, Milan, spoke next. She indicated that a number of items cited by Stanley Consultants were not correct, and presented documentation signed by the residents noting that they had not been contacted by either Stanley Consultants of Riverstone Group, Inc. She also stated that some of the addresses included in their report are not in existence according to the United States Post Office. She asked that the Rock Island City Council not compromise the integrity of Big Island by approving these requests.
Doug House, 17234 85th Avenue West, Blackhawk Township Road Commissioner, noted that the Blackhawk Township Officials are opposed to the Special Use Permit. He stated that the township roads are not addressed in any of the reports, although the annexation would include township roads. He stated that they have invested money to make repairs on Big Island. He suggested that the two projects be decided on their individual merit.
Matthew Groothaert, 2712 56th Avenue West, Milan, stated that he was one of the persons/addressed noted as being contacted by Riverstone and/or Stanley Consultants. He indicated that they never contacted him. He stated that Riverstone has indicated that the property value will not decrease, but they have offered no guarantees. He discussed the issue of his children playing near the proposed pit, stating that children like to climb, and a fence would not stop them.
Stephen Mueller, 3104 56th Avenue West, Milan, expressed some of the same concerns as Mr. Groothaert with regards to his children playing outside. He noted that a chain link fence would not be an obstacle, but would be an invitation. He added that, if the children got trapped in the sand pit, nobody could hear them. He noted some investments made to his home, and asked Riverstone to provide a guarantee for no decreases in property value and no decrease in water quality.
Ruben Gonzalez, 2106 56th Avenue West, Milan, stated that he bought his present home in 1981, and had to raise the land five feet to avoid the flood. He stated that he worked for Moline Consumers for thirty years. He noted that have had the water checked and it checked out perfectly, and wants to live there in peace for the rest of his years.
Randy Wlaskolich stated that Riverstone has indicated that they have been a good neighbor to Big Island. He presented letters from neighbors of other facilities that Riverstone operates in other areas, which indicated concerns and issues the neighbors from other facilities have regarding the Riverstone operations. He read some of the letters to the audience.
Dennis Meehan, 6335 27th Avenue West, Rock Island, indicated that, although he had not planned to speak, he decided he would. He stated that he was at the hearing Monday night and tonight, and although he was initially opposed to it, he has changed his mind. He stated that he lives on the barrow pit. He stated that he was concerned that project would drain out a lot of the water, but now feels that the water will be moved back in. He stated that this should keep the levels current. He stated that the project can be done and it should be done. He noted that he has as much to lose as anyone else, but he believes Riverstone.
Doug Riel, 21912 Barstow Road, East Moline, noted that he is a graduate mechanical engineer. He stated that this development will threaten the wetland, and there has been no cumulative analysis, which is needed. He stated that there is not plan for stormwater retention, and that Riverstone plans to sue the lake as storage for all herbicides.
Dave Pannell, 7720 24th Street, Milan, Public Works Superintendent for Milan, spoke in opposition to the project also. He related his personal experience with the 1993 flooding. He indicated that ground seepage has occurred four times on Big Island and they spent eighteen days on Big Island during that flood and with all the pumps, they were unable to keep the water off the roads. He stated that fighting the flood is expensive and very labor intensive. He stated that there will be more ground seepage, and Big Island would be at risk if the project is allowed to continue.
Greg Harmon, 204 East 9th Street, Milan, stated that he is a Steel Pipe Fitter and he is not behind the Pipe Fitters claim that they are all behind it. He further stated that he has seen the water that stands on Big Island when he visits that area.
Kathy Milligan, 234 West 4th Street, Milan, Blackhawk Township Assessor, presented some data collected form public records at her office of Blackhawk Township. She shared the information with the Council and discussed it briefly.
Kim Israel, 2811 54th Avenue West, spoke about living on Big Island and raising her children there. She indicated that her children attend school in Rock Island and she believes in the community. She urged Council to vote against mining on Big Island.
Phil Hare, District Representative for Representative Lane Evans, 1545 37th Avenue, Moline, spoke in opposition to the project on behalf of Representative Evans. He noted that Representative Evans is not opposed to moving the Casino to this location but is opposed to the Riverstone Project because of a concern of flooding in Milan and in Big Island. He stated that the City has a moral obligation to the children and families of Big Island. He indicated that Representatives Boland and Verschoore, and Senator Denny Jacobs have also indicated their opposition to the Riverstone project.
Jean Snell, 2925 56th Avenue West, Milan, spoke in opposition to the project. She presented Council with a written history of Big Island that she wrote. She noted that her house is adjacent to the proposed mining site, and she objects to any mining operations on Big Island. She expressed concern about the potential flooding and the quality of the drinking water.
Brooks Palar, 1714 65th Avenue West, Rock Island, spoke in opposition to the project. He spoke of raising his children on Big Island and his children going to school in Rock Island. He stated that there should not be two separate issues, and there would not be opposition to the Jumer’s Casino project. He stated that he would be watching for flooding on his property if the project goes through as the proposals are written, he would notify the City and Riverstone and expects them to address this. He stated that his property has been annexed for sewer but he has a septic tank.
Richard Nessler, 2909 53rd Avenue West, Big Island, letter carrier for thirty-two years, stated that Rock Island has always had good leadership and made good decisions. He noted that Big Island is a jewel in the middle of the Quad Cities. He stated that the decision would be very upsetting to many people, since many have made a major investment in their homes on Big Island.
Cathy Marquis, 2904 56th Avenue West, Milan, spoke in opposition to the project. She discussed improvements made on Big Island and presented documents showing a tour of the pits as well as property improvements made on Big Island. She stated that she is not comfortable with the project as proposed.
Mike Cutkomp, 1907 65th Avenue West, Rock Island, spoke in opposition to the project. He stated that he supports the Casino project but is opposed to the Riverstone Project. He suggested that the Special Use Permit be put on hold.
Steve VanDeGejuchte, 2415 62nd Avenue West, Milan, spoke in opposition to the project. HE questioned the sand displacement, and asked where the water is coming from. He also asked that Riverstone put their guarantee in writing that the water will not be harmed.
Clarence M. Darrow, 1515 4th Avenue, noted that he has talked with the families of Big Island. He noted that they are not opposed to economic development, but have fears about what will occur with the Riverstone Project going forward. He requested that the Council not grant the Special Use Permit request.
Pam Schmidt, 3006 56th Avenue West, Milan, spoke in opposition to the permit. She stated that she was one of the NIMBY (Not In My Back Yard) persons referred to by Mr. Scott earlier. She stated that the people staying in the fourteen-story hotel would be looking down on the pit. She noted that she bought her house five years ago, and planned to stay there a long time. She stated that she cannot get flood insurance, and asked who will help them when the area floods because of the project. She asked that the city “divorce” this project from the Casino, and added that there will be no additional jobs at Riverstone.
Al Classe, 3445 33 Avenue Court, East Moline, President of the Conservation Club, expressed his concerns about the sand and dust from the construction, and the lack of guarantee from Riverstone for water quality.
Greg Pearson, 3009 56th Avenue West, Milan, spoke to Council in opposition to the Special Use Permit. He noted that, with only one person working there, that one person would not be able to see children coming on to the site. He stated that gravel mining does not fit in a residential area.
Ken Dickey, 2620 Big Island Road, noted that most of what he planned to say had already been said, and he asked the Council “If the boat wasn’t married to your vote, how would you vote?”
Tom Kost, 2104 Big Island Road, Milan, stated that Economic Development means growth, and Big Island is an example of that. He cited investments made on homes on Big Island. He asked that the City Council do what is right and protect families.
Patrick Carlson, 844 43rd Street, representing the Audubon Society, registered as neutral, stated that he was not speaking in opposition to the project, but rather to its affect on the wetlands. He expressed concern about the wetland area that lies to the west, and discussed the area known as the Milan Wetlands. He discussed the various species that make use of the area for nesting, and also noted the sensitivity of wildlife to noises. He stated that the Riverstone project is endangering the wildlife of the area.
At this time, a ten-minute break was taken and the hearing resumed at 10:00 p.m. Steve Seiver, Village Administrator of Milan, Illinois, introduced Dr. Paul Schwartz, 707 48th Street, Moline. Dr. Schwartz was sworn in and reviewed his background and area of expertise. He noted that the purpose of his report was to represent the Village of Milan and to express their concerns about the proposed quarry as it relates to the negative impact on the integrity of the Milan Local flood protection.
Dr. Schwartz discussed the three possible negative impacts of the proposed quarry on the Milan Local Flood Protection. The first one he noted was non-compliance of the cooperative agreement between Milan as one of the sponsors of the project; the second was the cost of additional pumping due to increased seepage; and the third was the loss of levee integrity which could result in the failure and flooding of Milan. He discussed the Operations & Maintenance Manual, which has not yet been brought up in these proceedings. He noted that the manual requires that Milan, as sponsors of the Flood Control Program, submit two complete sets of plans prior to any changes or encroachments made to the project. He added that the proposed plans are an encroachment to the project. He discussed the flood of 1993 and the result of that to the District. He added that the Village of Milan requests that a complete set of the proposed plans for the quarry operation be submitted by Riverstone to Milan for submission to the Corps for review, comment and approval before issuance of the Special Use Permit. He noted a difference of opinions between the experts, and asked that the City of Rock Island defer the decision for another governmental study. Dr. Schwartz was then cross-examined by Attorney Alvine, and responded to questions from Alderman Conroy and Mayor Schwiebert.
Steve Seiver, Milan Village Administrator, 321 West Second Avenue, Milan, stated that he was speaking at the direction of the Mayor and the Village Board. He noted that the interest of Milan in this project is the flood control and flood protection issue. He asked that there be assurance that the roughly 1400 acres of sub area B of the Milan Flood Control Project continues to offer safety and flood control to the residents and businesses of Milan and Rock Island and the residents of the balance of Big Island. He indicated that they did not want to limit economic development that will benefit the area, but expressed opposition to the project as proposed.
Bill Palos, 3900 18th Avenue, Realtor, stated that the economic development might give us some money from taxes, noting that we need economic growth. He suggested that Riverstone offer to purchase property, and further suggested that the City of Rock Island and the residents of Big Island get together to discuss other issues. He stated that this could be a win/win situation for all. He stated that this can be done, and additional reports, if needed, should be done.
Ed Handley, Blackhawk Fire Protection District, Big Island, expressed his concern about the flood and endangerment to the children on Big Island. He discussed the flood effects on Big Island from the last flood, and noted that, as a child, he used to sneak into the quarries.
At this time, Mayor Schwiebert noted that this was a good time to recess for the evening. A motion made by Alderman Conroy and seconded by Alderman Brooks to recess to Thursday 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 10:46 p.m.
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Jeanne F. Paggen, City Clerk