The Rock Island City Council met in regular session on Monday, May 23, 2005 at 6:45 p.m. in the Council Chambers of Rock Island City Hall. Present were Mayor pro-tem/Alderman Daniel Rockwell, presiding, and Aldermen Terry M. A. Brooks I, David A. Conroy, Dennis E. Pauley, Evelyn "Evie" R. White, Joy Murphy and Charles O. Austin III. Mayor Mark W. Schwiebert was absent.
Mayor Pro-tem Rockwell called the meeting to order and lead in the Pledge of Allegiance to the Flag of the United States of America. Alderman Brooks gave the Invocation. A motion made by Alderman Austin and seconded by Alderman White to approve the Minutes of the meeting of May 16 as printed CARRIED on a Voice vote.
Agenda Item #6
320-342 34 AVENUE/SPECIAL USE
PERMIT
Mayor Pro-tem Rockwell closed the regular meeting at 6:47 p.m. and opened a Public Hearing on a request from Dave and Jean McAdams for a Special Use Permit to operate a horizontal grinder and a tub grinder for processing wood from the subject business and from outside customers, with retail sales of mulch at 320/342 34th Avenue. Tim Feeney, Attorney representing the Q. C. Foundation for Fair Contracting Trust, had submitted a Statement of Interested Party, which allowed him to cross-examine the witnesses.
Planning Administrator Alan Carmen distributed information received late Monday afternoon from Doug Williams, Attorney for Mr. McAdams. He reviewed the information and noted that one change made in the information indicates that there will be no demolition wood debris used at this facility. He stated that staff checked with other communities regarding the noise levels from this equipment, and determined that it would not be that much louder than the noise from other businesses I the area, at an approximate 60 to 65 decibels level. Alderman Murphy asked about the dust that would be created, and Mr. Carmen responded that there is a spray on the equipment that would be used to wet down the material to keep the dust down.
Attorney Timothy Feeney, representing the Q C Foundation for Fair Contracting Trust, 420 34th Avenue, asked Mr. Carmen questions pertaining to IEPA permits and the noise levels. Mr. Carmen stated that the staff did not investigate the noise level at 100 feet because it was difficult to find noise levels for grinders. Mr. Feeney asked if staff had concerns about McAdams compliance in other matters, and Mr. Carmen stated that they appeared to be in compliance for this project.
Dave McAdams, along with Jean McAdams, 2422 8th Avenue, spoke to Council regarding his request. He stated that they have been in business at this location for about two and a half years, and are not aware of any problems with their neighbors. He stated that they currently have seventeen employees, and presented his qualifications for this type of business. He also introduced Jeff Lester, associate, and presented his background. He noted that there would be two rows of mulch that would trap the sound, and the noise levels would not be bothersome to the neighbors. He noted that currently the land is empty.
Alderman White asked how long the mulch would remain there, and he responded that they plan to continue making the mulch into a quality product. He stated that he was not concerned about the mulch fermenting because they would be selling it. Alderman Murphy asked about the hours of the business, and Mr. McAdams stated that they would be grinding perhaps one day a week when they start. Alderman Austin noted that there would be a market for the product around here.
Attorney Feeney asked Mr. McAdams if they have applied or obtained permits from the Illinois Air Pollution Control Division, and Mr. McAdams stated that they have not. Attorney Feeney then asked if Mr. McAdams has had any regulatory problems with other organizations, specifically failure to comply with the Minimum Wage Act. Mr. McAdams responded that he has had a problem in that area in the past. Attorney Feeney stated that it shows that Mr. McAdams is unable to follow stipulations. City Attorney John Konecky stated that failure to comply with the stipulations set by ordinance for a Special Use Permit would cause the permit to be rescinded. He further stated that past failure is not applicable in this instance.
Doug Stevens, Attorney for Mr. and Mrs. McAdams, discussed the handout that was distributed earlier in the meeting. He reminded Council that they would not be composting but rather preparing mulch. He added that the EPA is more concerned about composting. He stated that, if there is a problem with odor, they could be brought back to Council for further stipulations. He stated that his client will file all necessary permit applications, and his own building material is exempt from the permit requirements. He noted that this is not a landfill nor will there be permanent storage of the mulch. He stated that the mulch will not be allowed to go over twenty-five feet, and once it reaches that height, it would have to be moved to a landfill site.
Alderman Pauley asked about the number of employees and noted that the report stated that they would have two employees. Alderman White asked why they are having two when they initially asked for four, stating that, if they decide later to add more staff, they would have to come back to Council. Following discussion, Mr. McAdams stated that he would like to be allowed to have at least four employees.
Attorney Tim Feeney questioned Dave Adams, of the Q C Foundation for Fair Contracting Trust, 420 34th Avenue. He noted that the grinding would be detrimental to their business because they would need to wear hearing protection at the back of their building. He explained that they use the back room of their business for educational classes, and also have a full-time office manager as well as three monitors going in and out during the day. Attorney Stevens stated that the aerial photo shows that there is a 100-foot to the south boundary with a buffer lot. He stated that there are two buildings on the mulching lot, and there will be two rows of mulch acting as a buffer.
Dan Caruthers, of the Carrington Corporation, stated that he was relieved to hear that they will not be mulching construction debris. He asked who would monitor the operations to make sure they stay in compliance with the stipulations. He stated that he is opposed to this use on this property. He expressed concerns about the wind-air-borne products that will fly around when the mulch pile is dried. He stated that there is no advantage to the neighbors to have this in the area, and he is concerned about the public being on the construction company lot to purchase the mulch. He stated that this is not a landfill area, but this is a landfill product.
Melissa Schmacht, 521 34th Avenue, expressed concern about the sound level for the children in the neighborhood. She stated she is also concerned about the dust and the noise from the trucks. She indicated that there would not be a buffer from the mulch pile if they were going to sell the mulch.
Phyllis McDermott, 901 33rd Avenue, expressed concern about the trucks on 9th Street. She stated that the street is collapsing already, and the walls of her house are cracking from the trucks going on 9th Street. She stated that fifteen loads would mean fifteen more trucks traveling back and forth on the street. Alderman White asked about the increase in truck traffic, and Public Works Director Bob Hawes stated that 9th Street is classified as a Truck Route, which means that trucks can only go there if they are delivering or picking up something along the street – it is not a thru truck route. He added that the state has weight limitations for trucks. Alderman Conroy stated that there are no back routes to this industrial area.
Planning Administrator Alan Carmen reviewed the Special Use Permit enforcement, noting that the situation can go to the Code Hearing Officer for non-compliance. He stated that if there is an imminent to public health and safety, there are other measures that can be used besides waiting for the time to file the hearing papers.
Attorney Stevens presented a rebuttal, stating that there will be no construction debris ground on the property, and they will not have a landfill permit. He stated that the amount of decomposition of the mulch is unknown at this time but it will be monitored.
Following further discussion, Mayor Pro-tem Rockwell closed the Public Hearing and reconvened the regular meeting at 8:05 p.m. A motion was made by Alderman White and seconded by Alderman Austin to approve the Special Use Permit with stipulations stated, and refer to the City Attorney for an Ordinance. Alderman White stated that she wanted to add to her motion that the number of employees allowed should be changed to four in the stipulations, and also that no construction debris is to be ground at this facility. Alderman Austin accepted these two stipulations as part of the motion. A motion to amend was made by Alderman Murphy and seconded by Alderman White to set the hours for the grinder machines at 8:00 a.m. to 4:00 p.m. only. Alderman Conroy stated that there were concerns about the noise form the trucks, the speeding and the jake-braking. He asked the Police Department to enforce the speed limits regularly and to monitor the jake-braking. He encouraged the Police Department to monitor the trucks that are using 9th Street as a thru street. He asked staff to provide more information for Council regarding the decibel levels allowed and created by trucks, etc. Following discussion, the motion to amend CARRIED on a Voice vote. The motion as amended, CARRIED on a Voice vote.
Agenda Item #7
The City Clerk read a Special Ordinance establishing a STOP intersection at 8th Avenue and 45th Street. A motion made by Alderman Murphy and seconded by Alderman Austin to consider, suspend the rules and pass the Ordinance CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #8
3000 5
AVENUE/PROPERTY ACQUISITION
The City Clerk read a Special Ordinance authorizing acquisition of property at 3000 5th Avenue. A motion made by Alderman Murphy and seconded by Alderman White to consider, suspend the rules and pass the Ordinance CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #9
GENERAL
OBLIGATION BONDS/SERIES 2005
The City Clerk read an Ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2005. John Miller, of Crowe Norene, spoke to Council concerning the Bond Sale. He reviewed the bond ordinance, stating that the bids came in at 3.62% interest, with an A1 rating for the City of Rock Island. He noted that the bids came in from all over, and they received a good reception in the bond market. Alderman Conroy gave kudos to City Manager John Phillips, Finance Director Bill Scott and staff for their work. Mr. Phillips stated that the sewer issue was the underlying issue with this bond. Following discussion, a motion made by Alderman Conroy and seconded by Alderman Pauley to pass the ordinance CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #10
The City Clerk read an Ordinance amending Section 3-9 regarding Supplemental License Options and Fees. Alderman White noted the amounts to be paid by the various sizes of establishments according to the ordinance. She asked if they could pay this once a year or if they would have the option to pay in six-month increments. Mr. Phillips stated that they would have the same options as the liquor license payments, as this would become part of the liquor license.
Alderman Conroy stated that this is an enforcement issue and stated that the bars that do not have problems should not have to pay for the bars that do not have problems. He stated that the regulations should be enforced in all the bars. Mr. Phillips stated that there is always a need for enforcement, and security, and explained how this issue came about. Alderman White stated that this same type of fee is paid in other cities such as Des Moines. She stated that the fees went up when Alderman Conroy made the motion last week to make the security area smaller than first indicated.
Alderman Brooks stated that he did not want to send a message that would force the bar owners out of the District, but they also have to be concerned about the security of the customers. He noted that the City does not have the manpower to cover the District as well as the entire city at all hours, and it is cheaper for the bar owners to go along with this program than to hire their own off-duty officers. Alderman Conroy stated that there is a need to look at enforcement, and the bars that are having problems are the ones that should have to pay these fees.
Following
discussion, the motion that remained on the floor, made May 16 by Alderman
Pauley and seconded by Alderman White to consider, suspend the rules and pass
the Ordinance with Option I, CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Pauley, Rockwell,
White, Murphy and Austin. NAYS:
Alderman Conroy. Note: The ordinance
at this time already contained the change in the Downtown Security Area
boundaries as amended by the Council on May 16.
Agenda Item #11a
The City Clerk read a report from the Personnel Department recommending payment to Andrew Gwost in the amount of $1,105.36 for vehicle damage.
Agenda Item #11b
BROWN TRAFFIC PRODUCTS/EMERGENCY TRAFFIC SIGNAL REPAIR
PARTS
The City Clerk read a report from the Public Works Department recommending payment to Brown Traffic Products in the amount of $8,006.00 for emergency traffic signal repair parts.
Agenda Item #11c
The City Clerk read a report from the Public Works Department recommending payment to General Constructors in the amount of $37,481.78 for filter effluent line repairs.
Agenda Item #11d
The City Clerk read a report from the Public Works Department recommending payment to General Constructors in the amount of $37,116.61 for traveling screen repairs.
Agenda Item #11e
The City Clerk read a report from the Public Works Department recommending payment to Centennial Contractor in the amount of $44,893.63 for the 2005 Utility Patching Program.
A motion made by Alderman Austin and seconded by Alderman Murphy to accept the reports and authorize payments as recommended CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #12
The City Clerk read the claims for the week of May 13 through 19 in the amount of $724,928.66. A motion made by Alderman Pauley and seconded by Alderman Austin to allow the claims CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item# 13
WALTER D.
LAUD/2005 PCC STREET PATCHING PROGRAM
The City Clerk read a report from the Public Works Department regarding bids for the 2005 PCC Street Patching Program, recommending that the bid be awarded to Walter D. Laud in the amount of $212,360.00.
A motion made by Alderman White and seconded by Alderman Austin to award the bid as recommended and authorize the City Manager to execute the contract documents CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #14
The City Clerk read a report from the Finance Department regarding a modification to the collection agreement with Hy-Vee Food Stores, allowing them to charge a customer a processing fee of up to .50 per transaction for city utility bills. A motion made by Alderman Austin and seconded by Alderman Murphy to approve the agreement and authorize the City Manager to execute the contract documents CARRIED on a Roll Call vote. AYES: Aldermen Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: Alderman Brooks.
Agenda Item #15
The City Clerk read a report from the City Clerk regarding a contract with Circa 21 for the Volunteer Appreciation Dinner to be held July 18. A motion made by Alderman Conroy and seconded by Alderman White to approve the contract and authorize the City Manager to execute the contract documents CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #16
The City Clerk read a report from General Administration regarding the PrimeCo/US Cellular Infrastructure maintenance Fee Litigation, recommending that Council approve the payment in the amount of $45,605.49 and authorize the City Attorney to execute the settlement documents. A motion made by Alderman Pauley and seconded by Alderman Austin to approve the payment and authorize the City Attorney to execute the settlement documents as recommended CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #17
The City Clerk read a report from the Community and Economic Development Department regarding a consultant selection recommendation for the New Old Chicago Urban Design Plan, recommending the Planning and Design Institute of Milwaukee, Wisconsin. A motion made by Alderman Murphy and seconded by Alderman Brooks to approve the selection and authorize staff to negotiate the final contract scope of work as recommended CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #18
The City Clerk read a report from the Community and Economic Development Department regarding the lead-based paint hazard control grant program application.
A motion made by Alderman White and seconded by Alderman Brooks to approve submitting the HUD Lead-Based Paint Hazard Control Program Grant and Rock Island’s role as lead agency as recommended CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #19
The City Clerk read a report from the Traffic Engineering Committee regarding a request from residents for Residential Parking Type B on the east side of 30th Street from 9th to 10th Avenue. A motion made by Alderman Murphy and seconded by Alderman Pauley to approve the request and refer to the City Attorney for an Ordinance CARRIED on a Voice vote.
Agenda Item #20
The City Clerk read a memorandum from Mayor Schwiebert recommending the following appointments and reappointments:
Tim Nonnenmann (reappointment)
Max Scherdien (reappointment)
ELECTRICAL CODE BOARD OF APPEALS
David Hanshaw (reappointment)
Harlan King (reappointment)
FIRE AND POLICE COMMISSIONERS BOARD
Gene Anderson (reappointment)
PLANNING COMMISSION
Ted Johnson (reappointment)
Diane Oestreich (reappointment)
Bruce Peterson (reappointment)
Elma “Mooch” Gay (new appointment)
Kevin Nolan (new appointment)
PARK BOARD
Ann Austin (reappointment)
PLUMBING CODE BOARD OF APPEALS
Richard Hunger (reappointment)
Gary Moran (reappointment)
Rick Runge (reappointment)
MECHANICAL CODE BOARD OF APPEALS
Jerry David (reappointment)
Robert Frink (reappointment)
James Hanna (reappointment)
Gary Miner (reappointment)
J. Carroll Pearson (reappointment)
Daniel Widdell (reappointment)
A motion made by Alderman Conroy and seconded by Alderman White to approve the reappointments and new appointments as recommended CARRIED on a voice vote.
Agenda Item #21
The City Clerk read a report from the City Clerk regarding an application for the Heart Walk, and a Highway Resolution to close off a portion of 24th Street from 1st to 3rd Avenues on Saturday, June 4 for the Heart Walk. A motion made by Alderman White and seconded by Alderman Murphy to approve the application and adopt the Resolution CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
Agenda Item #22
The City Clerk read a report from the City Clerk regarding applications from Greater Antioch Baptist Church for Sound Amplification, Street Closing and Walk for their annual Hoop In The Hood Festival to be held at the Martin Luther King Community Center on Saturday, June 18 beginning at 7:00 a.m. A motion made by Alderman Conroy and seconded by Alderman Pauley to approve the applications pending receipt of insurance and fees CARRIED on a Voice vote.
Agenda Item #23
The City Clerk read a report from the City Clerk regarding applications from Elex Roberts for Sound Amplification and to close off 14 ˝ Street from 9th and 10th Avenue on Sunday, June 5 from 2:00 p.m. to 8:30 p.m. A motion made by Alderman Brooks and seconded by Alderman White to approve the applications as recommended CARRIED on a Voice vote.
Agenda Item #24
The City Clerk read a report from the City Clerk regarding an application from the Moose Lodge for Sound Amplification and a letter to the Mayor regarding an event to be held in their parking lot on June 4 from 7:00 p.m. to 11:00 p.m. to benefit the Children’s Therapy Center. A motion made by Alderman Conroy and seconded by Alderman White to approve the application and allow the event CARRIED on a Voice vote.
City Manager John Phillips called attention to the dates scheduled for the Goal Setting Session, which will be held September 9, and 10.
OTHER BUSINESS
Alderman White asked about the Yard Waste Pickup. Public Works Director Bob Hawes stated that the subscription pickup is done on Mondays and Tuesdays and customers should receive a letter telling them when their yard waste will be picked up. Once they have signed up, they can also call the Public Works Department to find out the day for their pickup.
Alderman White stated that she was very impressed with the appearance of the Marina when she visited there over the weekend.
Alderman Rockwell announced his Ward Meeting to be held Tuesday, June 7 at 6:00 p.m. at the First Baptist Church – 3020 30th Street. He noted that there would be staff from Public Works as well as other departments to discuss yard waste, rain garden, refuse collection and other things of interest to the residents. He invited residents of the Fourth Ward as well as other residents in the city.
Alderman White asked Bill Nelson to speak about Whitewater Junction. Mr. Nelson stated that they will be opening Memorial Day weekend/. He talked about the new feature of the picnic tables with umbrellas that are now available for rent as part of a Birthday Party Package and other events. He discussed the golf courses and other activities being planned for the coming summer months.
RECESS
A motion made by Alderman Brooks and seconded by Alderman Conroy to recess to Monday, June 6 at 5:00 p.m. CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin. NAYS: None.
The meeting was recessed at 9:00 p.m.
________________________________
Jeanne F. Paggen, City Clerk