The Rock Island City Council met in Study Session at 5:00 p.m. on Monday, October 28, 2002, 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, Vern L. Winter, Evelyn “Evie” R. White, Beth Y. Mahlo and Frank J. Forlini, Jr. Staff present included City Manager John C. Phillips, Public Works Director Bob Hawes, Personnel Director/Assistant to the City Manager John Thorson, Finance Director Bill Scott, Community and Economic Development Department Director Greg Champagne, Planning Administrator Alan Carmen, Chief of Police Terry Dove, Library Director Ava Ketter, Administrative Assistant/Public Works Tim Ridder, Parks Director Bill Nelson, Budget Supervisor/City Collector Jackie VanderMeersch, and Accountant Tim Banks. Also present were Andy Treager and Dave Cahill of Eide Bailley, who performed the audit for the City.
City Manager John C. Phillips noted that there were two errors on the Agenda, and City Clerk Jeanne Paggen distributed the corrected ones to the Council. Mr. Phillips announced that a representative from Mid American Energy would be present at the regular meeting to discuss the gas meters that have been put in the downtown area. Planning Administrator Alan Carmen distributed large zoning maps to the City Council, noting that the colored areas represent the changes that are being proposed. He encouraged Council to call him if they have any questions or comments on the maps and changes identified.
Alderman Mahlo asked about the Parks Enterprise funds, and stated that she would like to see where the revenues are coming from, and where the money is being spent. She indicated that the audit showed it as a lump sum. Alderman Winter stated that they need to see the flow of the cash, and the report seemed to lose that detail necessary to monitor this accurately. Finance Director Bill Scott explained that the revenues and expenditures are still kept track of within each fund, and a report can be run to track these at any time.
Alderman Winter asked about the reference to mandatory vacations. Mr. Phillips responded that the maximum a person can accumulate at the end of the fiscal year is 1.5 times the accrued vacation for that year. Mr. Cahill explained that they recommend that anyone involved in money should take a vacation at least once a year consisting of at least five working days in a row. He noted that, during that time when another person is doing their job, if anything is being done illegally or wrong, it can be detected easily. Mr. Phillips noted that he and John Thorson would review a policy relating to vacations. In response to a question about an alternate processing method, Mr. Scott stated that the IS Manager has attended some seminars in regard to alternate processing methods, but nothing has been put into place as yet.
Council asked about the policy of security for the cash at the Golf Courses, and Mr. Scott responded that they have changed the procedure. Finance collects the cash from all the remote locations. They will be addressing the issue of the weekend cash from the golf courses. There are several methods being considered.
Council talked about the administration of grants, and who should be signing the grants. Mr. Cahill explained that the Finance Department should be made aware of the grants, the money that is being received for them and how it is being used. Mr. Phillips suggested that perhaps a grant team will be formed to review the grants, and Finance would be a part of this team. He noted that the process for grants needs to be improved, and they are looking at methods to do this. Following discussion, Mr. Treager and Mr. Cahill left the meeting.
With regard to hiring a consultant, Alderman Winter stated that he is reluctant to hire a consultant right away. He noted that he would rather see the groundwork done first. Mr. Phillips stated that a consultant could provide the expertise and advise on the areas of opportunity available. He added that the consultant would be able to be more objective in looking at the issues. Following discussion, Mr. Phillips clarified that the staff would prepare the scope of work to be done, discuss this project with the City of Moline, and come back to Council regarding a consultant.
Mr. Phillips reviewed the information regarding the rating of the various services provided by City staff. He noted that Council identified the survey questions at the Goal Setting sessions, and these were used for the various services. The Department Managers did the ratings, and the numbers are based on the questions. He indicated that there are some services, using Voter Registration in the City Clerk’s office for an example, that are required by the state or federal government, do not require a lot of time, and do not cost the city money to provide this service. He noted that these rankings would be used as a guide as the services are reviewed for possible reductions.
Mr. Phillips called attention to the information regarding various areas that have already been identified as areas that could be reviewed for possible cuts, or for increases in fees for additional revenues. He added that all fees are not part of the study, because the City is not always going to make money on the services being provided for the residents.
Agenda Item #7
Mayor Schwiebert read a proclamation declaring October 30 as Weatherization Day. He presented the document to Carol Laughlin, who invited Council and the public to attend an Open House in Moline on Wednesday at 10:30 a.m.
Agenda Item #8
4118 14 AVENUE/LIQUOR LICENSE
SIGNATURE WAIVER
Mayor Schwiebert closed the regular meeting at 7:00 a.m. and opened a Public Hearing on a request from Jesus Rocho for a waiver of the signature requirement for a liquor license at Los Charros, located at 4118 14th Avenue.
Stella Schneckloth, Project NOW, was present to assist with translation for Mr. Rocho. Jesus Rocho, 4118 14th Avenue, spoke to Council about his request. He stated that his business is going fine, and many of his customers request to have beer with their food. He indicated he is asking for a Class H License.
Alderman Winter asked if there is any on-site parking available and if there are already parking problems in the neighborhood. Mr. Rocho responded that there is no on-site parking, and there are parking problems in the neighborhood. He stated that there are two bars in the neighborhood, so his customers just come in to eat. Alderman Mahlo stated that there are always parking challenges in that neighborhood because they are landlocked. She indicated that the two bars have their own private parking lots, and the Waffle Shop is open only for breakfast and lunch, while this place is open for lunch and dinner. Mr. Rocho indicated that he plans to continue to close at 10:00 p.m.
Alderman Forlini stated that there is a house two doors down that is not being used. Mr. Rocho stated that he lives in an apartment that he could tear down to use for parking. Alderman Mahlo asked why they charge more for their products in Rock Island than in Moline. Mr. Rocho stated that the rent is cheaper in Moline, and they took out a loan in Rock Island so they need to make more money here.
Mary Sanders, 4108 14th Avenue, spoke in opposition to the liquor license. She described the issue of parking, stating that they have only one parking space in front of their house, and many times people park on the street and block their driveway. She noted that she is handicapped, and needs to be able to get into the driveway to park the car. She indicated that the police come when they are called, but do not issue tickets when people are parked at the yellow lines or blocking the driveway. She stated that they do not need another liquor license in that area. She expressed concern about people pulling away from the parked area and screeching tires. She stated that she is concerned about the quality of life.
Alderman Winter asked how a liquor license would affect the parking and other issues, since the restaurant has already been established there. Ms. Sanders responded that the people loiter outside the establishment as well as across the street for about forty-five minutes to an hour.
Mayor Schwiebert asked Chief Dove why the Police would not ticket the vehicles that are illegally parked, and Chief Dove stated that he would look into that. Alderman Winter suggested that the Sanders apply for a Handicapped Parking Space, and after discussion, it was determined that the Sanders just need access to their driveway.
Mayor Schwiebert asked Mr. Rocho what his plans were for additional parking. Mr. Rocho responded that he has tried to buy some houses, but others offer more money than he does. He stated that he has plans to add parking by taking down a small building near by. He added that his restaurant is a family restaurant, where people have one or two drinks with their food, but do not drink to get drunk.
Mr. Rocho stated that the liquor license would not necessarily impact the parking for the Waffle Shop and his place because the hours are different. Earl Sanders, 4108 14th Avenue, stated that putting in a Handicapped Parking Space would eliminate all parking on that street. Mayor Schwiebert stated that anyone with a Handicapped sticker or license would be able to use it. Alderman Forlini stated that this would take away one parking space away from the general public.
Mayor Schwiebert closed the public hearing, reconvened the regular meeting at 7:25 p.m., and entertained a motion. A motion was made by Alderman Bauersfeld and seconded by Alderman Conroy to recommend approval of the waiver to the Mayor/Liquor Commissioner for his consideration.
Alderman Forlini suggested, as a member of the CIRLF Committee, that either Greg Champagne or Mary Slabon send a Confidential Memo to the Council members regarding this property, and followed that statement with a motion to DEFER action on this item for one week. Motion to DEFER was seconded by Alderman Bauersfeld, and CARRIED on a Voice vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #9
3431 14 AVENUE/SPECIAL USE
PERMIT
Mayor Schwiebert closed the regular meeting at 7:28 p.m. and opened a Public Hearing on a request from Mark Sersland for an amendment to a Special Use Permit to substitute an insurance office and an upstairs apartment for a former yard service and upstairs apartment at 3431 14th Avenue.
Mark Sersland, 1218 37th Street, spoke to Council regarding his request. He stated that he purchased this property about six months ago, and it is in need of a lot of work. He indicated that the property was neglected for some time, and he has been working to fix it up. He added that he had major surgery in Iowa City this past summer, which set him back some time. He indicated that he has an insurance company that is interested in opening a business there, and possibly will put in a photographer in the other section of the first floor. He indicated that he owns five pieces of property in this neighborhood, and is interested in making the improvements to the area. He stated that he worked for RIEGC with renovation on a variety of buildings, so is knowledgeable about the work that needs to be done. He stated that he has an AFLAC Insurance business ready to move in, and they plan to have four or five employees. He indicated that they are underwriters, so will not have walk-in customers.
Alan Carmen clarified that, with the Special Use Permit, they would need to come before Council again if there were changes to whatever is approved at this time. The Special Use Permit is issued to the property owner. Alderman Bauersfeld suggested changing the zoning to Business instead of having Mr. Sersland apply for a Special Use Permit. Alderman Mahlo suggested the Special Use Permit be granted now, and then go for the rezoning. Alderman Winter stated that there are about twenty-five more businesses that are similar to this one.
Mr. Sersland stated that he has the back part of the building completed, and the insurance office is ready to move in there, and he is working on the front part now. He stated that he understands that he will have to come back to Council when he has that part completed he will need to come back to Council to extend the Special Use Permit. He noted that he is aware of the stipulations indicated by staff and is satisfied with them.
Loren Simpson, 836 20th Street, AFLAC Insurance, stated that this will be the district office for AFLAC, and he will have independent associates working in this office along with some clerical assistance. He stated that they do no direct sales, and most of the work is done on the job site. He stated that there are four staff persons with two or three to be hired within the next months. Mr. Carmen stated that the parking is adequate for the number of employees as well as for the upstairs apartment.
Richard Fislar, 3430 14th Avenue, spoke to Council in opposition to the Special Use Permit. He presented photos of the building as he sees it from his house. He called attention to the various trucks that were parked there at the time he took the photos.
Mr. Fislar noted that there is no existing business, so there should not be an existing Special Use Permit and therefore, no amendment to the Special Use Permit is applicable. He suggested that the building be reverted to R-3 for one or two family residence. He stated that there are currently four commercial ventures operating out of the building. He indicated that the upstairs resident has a semi tractor stored by the garage, a large van has been stored there and not moved for a period of time, and the garage is being rented out for storage, which is not permitted in a residential area. In addition, he stated that Mr. Sersland is using the property for his own business, and called attention to the picture of a forklift truck that was on the property. He expressed major concerns about the parking, noting that this will create additional cars on the street. He expressed concern about lighted signs, stating that he does not want the signs shining into his windows. He asked what the property owner plans to do with the front part of the building. He stated that there are too many unanswered questions, and this will destroy property values. He suggested that Council not make this into a commercial building. He noted that there are numerous vacant buildings in the Hilltop business are that can be used for businesses. He further suggested that they rezone the property to R-3, and table this for discussion, noting that he felt that a meeting would find an agreeable solution between the people involved.
Mayor Schwiebert noted that the plan indicates that the signs would be unlit. He added that a Special Use Permit allows the City to exercise some control over the uses of the property, while rezoning it allows more freedom.
Alderman White asked Mr. Sersland how long he has owned the property. He responded that he has owned it about five months, during which time he has painted, repaired the overhang, adding that some of the other work he planned to do has not been done due to his major surgery. He stated that his sister works for a major trucking company and lives in the apartment upstairs in the building, and he has already told her that the semi tractor cannot be parked there. He stated that the van has been sold. He indicated that he plans to replace the wooden shakes that appear in the pictures, and noted that this property has been neglected for several years. He indicated that he is allowing a friend to store some things in the garage, and also stores some of his carpentry equipment in there. He plans to blacktop the parking area in the spring, or at least put down fresh gravel.
Mr. Carmen responded to questions about the Special Use Permits, stating that the special use in no longer in operation, so a Public Hearing was needed to amend the former Special Use Permit. He stated that there is no specific expiration on the special use permit. Alderman Mahlo stated that she is willing to give someone a chance that is willing to work on this property.
Mayor Schwiebert closed the public hearing, reconvened the regular meeting and entertained a motion.
A motion was made by Alderman Mahlo and seconded by Alderman Brooks to approve the Special Use Permit subject to the stipulations stated, and refer to the City Attorney for an Ordinance.
A motion to amend was made by Alderman Forlini and seconded by Alderman Bauersfeld to approve the Special Use Permit for the rear portion of the building only, and on the first floor only. Following discussion, this motion was withdrawn.
Alderman Mahlo then added to her motion the words “entire first floor” which Alderman Brooks, who had seconded the motion, agreed to. The main motion, with the additional clarification, CARRIED on a Voice vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #10
2619 8 ˝ AVENUE/HANDICAPPED
PARKING REMOVED
The City Clerk read a Special Ordinance eliminating a Handicapped Parking Space at 2619 8 ˝ Avenue. A motion made by Alderman Conroy and seconded by Alderman Forlini to consider, suspend the rules and pass the Ordinance CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #11
1449 41 STREET/HANDICAPPED
PARKING REMOVED
The City Clerk read a Special Ordinance eliminating a Handicapped Parking Space at 1449 41st Street. A motion made by Alderman Forlini and seconded by Alderman Mahlo to consider, suspend the rules and pass the Ordinance CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #12
2035 9 STREET/SPECIAL USE
PERMIT
The City Clerk read a Special Ordinance amending a Special Ordinance granting a Special Use Permit for 2035 9th Street. A motion was made by Alderman White and seconded by Alderman Forlini to consider, suspend the rules and pass the Ordinance. Alderman Winter noted that Stipulation #1 was inaccurate. He stated that they are not adding a 10’ x 12’ dining area. Following discussion on this issue, a motion to amend, made by Alderman Winter and seconded by Alderman Conroy, adding to Stipulation #1 “…dine-in area to correspond with the design attached to this ordinance” CARRIED on a Voice vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None. The motion made by Alderman White and seconded by Alderman Forlini, to consider, suspend the rules and pass the Ordinance, as amended, CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #13
$2,205,000 General Obligation Bonds/series 2002
The City Clerk read a Special Ordinance authorizing the issuance of $2,205,000 General Obligation Bonds, Series 2002. A motion made by Alderman Forlini and seconded by Alderman Winter to consider the Ordinance CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
CLAIMS
Agenda Item #14a
TRIAD ENGINEERING/TURKEY
HOLLOW ROAD WATERMAIN EXTENSION
The City Clerk read a report from the Public Works Department recommending payment to Triad Engineering in the amount of $8,028.331 for services relating to the Turkey Hollow Road Watermain Extension.
Agenda Item #14b
GARDNER, CARTON
AND DOUGLAS/
WASTEWATER
TREATMENT PLANT COMPLIANCE PROGRAM
The City Clerk read a report from the Public Works Department recommending payment to Gardner, Carton and Douglas in the amount of $8,565.64 for services relating to the Wastewater Treatment Plant Compliance Program.
Agenda Item #14c
NORTHWEST
RESTORATION COMPANY/2047 39 STREET
The City Clerk read a report from the Public Works Department recommending payment to Northwest Restoration Company in the amount of $3,962.00 for basement waterproofing at 2047 39th Street.
Agenda Item #14d
McADAM AND
ASSOCIATES/2002 UTILITY PATCHING PROGRAM
The City Clerk read a report from the Public Works Department recommending payment to McAdam and Associates in the amount of $45,404.76 for the 2002 Utility Patching Program.
Agenda Item #14e
WALTER D.
LAUD/43 STREET RECONSTRUCTION
The City Clerk read a report from the Public Works Department recommending payment to Walter D. Laud in the amount of $25,521.87 for the 43rd Street Reconstruction Project.
Agenda Item #14f
VALLEY
CONSTRUCTION/30 AVENUE RECONSTRUCTION PROJECT
The City Clerk read a report from the Public Works Department recommending payment to Valley Construction in the amount of $184,619.90 for the 30th Avenue Reconstruction Project.
Agenda Item #14g
VALLEY
CONSTRUCTION/42 AVENUE RECONSTRUCTION
The City Clerk read a report from the Public Works Department recommending payment to Valley Construction in the amount of $108,459.05 for the 42nd Avenue Reconstruction.
Agenda Item #14h
MISSMAN,
STANLEY AND ASSOCIATES/5 AVENUE SEWER VAULT
The City Clerk read a report from the Public Works Department recommending payment to Missman, Stanley and Associates in the amount of $4,976.00 for the 5th Avenue Sewer Vault.
Agenda Item #14i
MISSMAN,
STANLEY AND ASSOCIATES/3 AVENUE PARKING STRUCTURE
The City Clerk read a report
from the Public Works Department recommending payment to Missman, Stanley and
Associates in the amount of $8,380.80 for the 16th Street and Third
Avenue Parking Structure Restoration Project.
A motion made by Alderman Mahlo and seconded by Alderman Conroy to accept the reports and authorize payments as recommended CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #15
OCTOBER 18
THROUGH 24
The City Clerk read the claims for the week of October 18 through 24 in the amount of $335,601.91. A motion made by Alderman Forlini and seconded by Alderman Mahlo to allow the claims CARRIED on a Roll Call vote. AYES: Aldermen Brooks, Conroy, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
CONTRACTS/AGREEMENTS
Agenda Item #16
McADAM AND ASSOCIATES/DEMOLITION AND SITE CLEARANCE
The City Clerk read a report from the Community and Economic Development Department regarding bids for the 2002 Demolition and Site Clearance Project, recommending the bid of McAdam and Associates in the proposed amount of $108,053.00. A motion made by Alderman Bauersfeld and seconded by Alderman Forlini 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, Bauersfeld, Winter, White, Mahlo and Forlini. NAYS: None.
Agenda Item #17
MAXIMUS/COST
ALLOCATION STUDY
The City Clerk read a report from the Finance Department regarding a Cost Allocation study, recommending a contract with Maximus for the cost allocation study at a not-to-exceed fee of $14,959.00. Alderman Forlini stated that he would be voting against this study because he believes there should be internal discussion prior to bringing a consultant.
Mr. Phillips then indicated that there has been concern expressed about the gas meters placed in the downtown area by Mid American Energy. He referred to a report from Greg Champagne in the Memo Packet. Alderman Forlini asked if there was a mandate to place them on the outside, and Alderman Bauersfeld responded that this was one of three options given to them from the state.
City Manager John Phillips stated that there had been a meeting at City Hall last Friday with Dan Carmody and representatives from Mid American Energy. He indicated that Don Welvaert was present to represent Mid American Energy and respond to questions from Council.
Mr. Welvaert explained that they received a mandate March 9 of 1993 to replace the cast iron gas mains and there were three options. He stated that the option chosen had to be used in all locations, and this option seemed to be the best one. He stated that this was not the “least cost” approach to choose. Council members called attention to the amount of money spent in downtown Rock Island by the City as well as by the individual businesses to clean up and improve the looks of the area, only to be blighted by these “eyesore” gas meters. Alderman Bauersfeld noted that some of them are placed right in the center of plate glass windows, which detracts from any kind of window display the business puts there. He stated that they are high and obstruct the view. He noted that Mid American Energy should be sensitive to the money being put into the downtown area. Mr. Welvaert noted that they have been placed in Moline and East Moline without controversy.
Alderman White stated that she has heard from business owners as well as homeowners who indicate that they have destroyed the landscaping and not replaced it. Alderman Forlini stated that Mid American Energy has not been honest with the citizens or businesses, and also had not followed through on his personal property after installing the gas meter there. Mr. Welvaert stated that most of the homeowners have the meters placed about five feet from the front on the side of the houses, and indicated that he would follow up on the issue Alderman Forlini mentioned.
Alderman Conroy asked how many of the meters are yet to be replaced downtown, and asked if there could be an exemption. Mr. Welvaert responded that there are twenty-nine meters to be installed, and there was a commitment made at the end of the meeting on Friday to find better locations for the meters downtown. Alderman Mahlo stated that replacing any of these plate glass windows would not be possible with the location of the gas meters in the center of them. City Manager John Phillips noted that they would do a walk through downtown and speak to the business owners to do some advance planning for the remainder of the meters.
Alderman Winter asked the City Attorney to come back next week with a report on the cost of filing a brief with the Industrial Commerce Commission. Mayor Schwiebert stated that the Council could pass a resolution to be sent to the ICC, with a full-fledged petition and hearing with a review. It was also suggested that the City Attorney pursue a court order to stop Mid American Energy from putting in the remainder of the gas meters and have the ICC order them to go back and revise what they have already done. Council asked the City Attorney to come back with a format for procedure for a waiver, a request for possible preliminary injunction, etc. City Attorney John Konecky reminded Council that they could not take any action at this meeting, since the item is not on the printed agenda.
Following discussion of several options, Mr. Welvaert stated that he was issuing a moratorium at this time on any further installation of gas meters in the downtown area. He also stated that he would be getting Engineering together and will contact the ICC to discuss options. City Attorney John Konecky asked him to have their counsel contact him, and Mr. Welvaert suggested that Scott Bull might be the person to contact him. Alderman Bauersfeld expressed his appreciation to Mr. Welvaert for his willingness to help address this problem, and asked him to keep in contact with Attorney Konecky and City Manager John Phillips.
There was no Other Business.
RECESS