The Rock Island City Council met in reconvened session at 5:30 p.m. on Wednesday, March 4, 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 Cindy Scribner of Joe Pavletti & Associates was present to record the proceedings.
Mayor Schwiebert noted that the same Council members present when the public hearing was recessed Wednesday evening were present at this time. He reviewed the procedure for the remainder of the hearing, which would include rebuttal from Attorney Alvine to be followed by summations by both Attorneys.
Attorney Alvine introduced William Holman as a rebuttal witness, who had been placed under oath previously.
William E. Holman, Stanley Consultants, Wayzata Boulevard, Minneapolis Minnesota, presented bound copies of the calculations done by Stanley with regard to slope stability and seepage analysis. He spoke to the concerns that had been expressed by some of the witnesses. He noted that there would be no pipes placed under the levee. He stated that here would not be seepage along the pipes, since the pipe would be open at both ends, and the water would be level with no forces to erode the soil around the pipe. He noted that the Riverstone design is using Corps of Engineer standards, and this will also need to be reviewed and approved by them. He indicated that there would be a visual berm as well as a sound berm, and there would be no public traffic on top of the berm. He stated that the Corps of Engineers would have the final word on whether or not to approve this plan for stability and safety. Mr. Holman was then cross-examined by Attorney Sutton and responded to questions from Aldermen Bauersfeld, Keefe, White and Mayor Schwiebert.
Mike Donnelly, Geologist with Stanley Consultants, responded to some concerns about additional water quality analysis. In regard to the address confusion, he noted that a technician had been hired to do this, and he accepted the report from the technician. He spoke of the concerns about the dust and dirt, and noted that this is wet mining which does not create dust. Mr. Donnelly was then cross-examined by Attorney Sutton and responded to a question from Alderman Keefe.
Mayor Schwiebert noted that the attorneys would be allowed ten minutes for their closing argument.
Attorney Sutton noted his background and experience, and commended Mayor Schwiebert and the City Council for the way in which the public hearing was handled. He stated that Big Island is not opposed to the boat being moved to this area because the riverboat is needed for economic development. He stated that they are opposed to the sand and gravel operations. He suggested that there be more tests by an independent third party before the Council takes action on this project. He indicated a legitimate difference of opinion and also reminded Council that there were government officials opposed to the Riverstone project. He suggested that they defer their decision for ninety days to discuss it further, and then requested that the City Council deny the request.
Attorney Alvine then presented his closing argument. He noted that there were three issues for consideration during this public hearing – the Riverstone Annexation Agreement, the Special Use Permit for the extraction of sand and gravel, and the Special Use Permit for the retail sales and office area for the sand and gravel. He presented the history of Riverstone. He reviewed the various expert witnesses presented, and noted that only one expert witness called by the opposition had done an actual site analysis.
Following the closing argument by Attorney Alvine, Mayor Schwiebert closed the Public Hearing at 6:38 p.m. and entertained a motion. The first motion was with regard to the Annexation Agreement with Riverstone. A motion was made by Alderman Bauersfeld and seconded by Alderman Brooks to adopt the Resolution authorizing the City Manager to execute the contract documents. Alderman Bauersfeld added that he assumed that this would incorporate whatever standards are required by state and Federal agencies.
Mayor Schwiebert commended the audience for their patience and courtesy. He expressed appreciation to Alan Carmen, Planning Administrator for his work on this hearing, and also thanked Counsel for their work. He summarized the testimony, and stated that Riverstone has indicated that they are putting up a fence and a berm for security and noise control. He stated that there are lakes and barrows all around this site, and good parental responsibility should address the issues of children playing at or near the site. He noted that there is a willingness on the part of Riverstone to make it safe for them. He indicated that the stability of the levee is an important issue, and the Corps of Engineers will have to review it before giving a permit for this project. Mayor Schwiebert noted that the Special Use Permit has conditions, and if the operator deviates from these stipulations, the Special Use Permit can be revoked. He stated that he supports the motion to annex, noting that the concerns of the people have been addressed.
Alderman Keefe spoke of her admiration for the people of Big Island and the way in which they organized and worked together. She addressed the fears expressed by many of them, noting that they chose to live in an unincorporated area and have done their own flood protection. She stated that the benefits to Rock Island will be great, and she believes that Riverstone has and will take the steps necessary to protect the residents of Big Island.
Alderman Conroy stated that this is a difficult vote for him, noting that 20% of the residents of Big Island are Rock Island residents. He noted the concerns of noise and water quality have been addressed. He stated that, if there is a problem with water quality as a result of this project, he would vote to use city money to extend water service to the residents there. He suggested that the City of Rock Island should work with Big Island and Milan for resources for pumps for the seepage. He added that the Corps of Engineers would be making a decision, and he would support the annexation.
Alderman Brooks stated that this issue was brought up last year, and he and Alderman Conroy visited Big Island and were given a warm reception from the residents there. He stated that they listened to their concerns during that visit. He indicated that Riverstone donated land for the levee system, with the condition that they are able to use it for mining in the future. He noted that it seems as though the business and the community don’t trust each other, and he hopes that, with the word of Riverstone, this trust can be proven. He indicated his support for the Annexation and Special Use Permits.
Alderman Bauersfeld stated that he learned a great deal during this Public Hearing. He stated that balancing economic development and neighborhood concerns is never easy, and change is never easy. He noted that people of the City of Rock Island elected him. He indicated that he can’t separate the projects easily, but he feels the property values will remain stable and the floodwall will remain stable. He stated that he would like it to be a win/win situation for the people today, but thinks it will be in the future.
Alderman White stated that this is a tough decision and there are going to be hard feelings either way. She stated that there have been years of back and forth with no real evidence one way or the other, adding that ultimately this decision will be made by the Corps of Engineers. She stated that the job of the Council will be to follow up with the citizens of Big Island, whether they are not annexed into the city or not, and it will be their duty to see that Riverstone becomes a good neighbor.
The motion, made by Alderman Bauersfeld and seconded by Alderman Brooks, to adopt the Resolution authorizing the City Manager to execute the contract documents, CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, White, Keefe and Mayor Schwiebert. NAYS: None. ABSTAIN: Alderman Rockwell (per statement made March 1 with regard to these issues)
A motion made by Alderman Bauersfeld and seconded by Alderman Keefe to refer the Annexation to the City Attorney for an Ordinance CARRIED on a Voice vote.
A motion was made by Alderman Bauersfeld and seconded by Alderman White to approve the Special Use Permit with stipulations stated, and refer to the City Attorney for an Ordinance. Mayor Schwiebert and Alderman Bauersfeld clarified that this one contains within it the provision with the requirement that the operator comply with all applicable codes and regulations as well as the provisions of the Corps of Engineers. Alderman Keefe made a motion to amend the Special Use Permit to include a provision that would require that Riverstone would be required as a further condition of the Special Use Permit to provide a (at least) 21 hundred gallon per minute pump, specifications to be furnished by Attorney Alvine. Alderman Bauersfeld seconded the motion to amend. Motion to amend CARRIED on a Voice vote. Following this, the main motion, as amended, CARRIED on a Voice vote.
A motion was made by Alderman Bauersfeld and seconded by Alderman White to approve the Special Use Permit with stipulations stated, and refer to the City Attorney for an Ordinance. Alderman Keefe made a motion to amend, to include the word “processing” (materials, stockpiles, retail operations and other activities) and add, “as now performed at the southeast quadrant, be allowed at this location.” Motion to amend was seconded by Alderman Conroy, and CARRIED on a Voice vote. Following this, the main motion, as amended, CARRIED on a Voice vote.
REZONING/SITE
PLAN REVIEW
The City Clerk read a report from the Community and Economic Development Department regarding a rezoning and preliminary site plan review request from R-12 to B-4 District at approximately 6301 38th Street West. This item was on the Agenda of February 9, when it was deferred to March 1. A motion remained on the floor from February 9. A motion made by Alderman Conroy and seconded by
Alderman Bauersfeld (on February 9) to approve the rezoning and preliminary site plan, and refer to the City Attorney for an Ordinance CARRIED on a Voice vote.
OTHER
BUSINESS
There was no Other Business at this time.
RECESS
A motion made by Alderman Bauersfeld and seconded by Alderman White to recess to Saturday, March 6 at 8:00 a.m. for Budget Review CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Rockwell, White, Keefe and Forlini. NAYS: None.
The meeting was recessed at 7:15 p.m.
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Jeanne F. Paggen, City Clerk