The Rock Island City Council met in reconvened session on Monday, November 7, 2005 at 5:00 p.m. 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 A. Conroy, Dennis E. Pauley, Daniel Rockwell, Evelyn "Evie" R. White, Joy Murphy and Charles O. Austin III.   Staff present included City Manager John C. Phillips, Public Works Director/Assistant to the City Manager Bob Hawes, Personnel Director/Assistant to the City Manager John Thorson, Risk Manager/Assistant Personnel Director Troy Larson, Community and Economic Development Department Director Greg Champagne, Planning Administrator Alan Carmen, Land and Program Coordinator Mary Chappell, and RIPD Chief John Wright.  Also present were City Attorney John P. Konecky, Assistant City Attorney Ted Kutsunis and Community Marketing Director Jennifer Fowler.

 

MISCELLANEOUS

 

            City Manager John C. Phillips called attention to two items on the agenda.  The first was Item #18, concerning an agreement with Jerry Moore.  Mr. Phillips suggested that a date needed to be added to the agreement for the completion of the demolition.  The date suggested was July 1, 2006.  Council will add this date to the motion.  The other item he called attention to was #16, regarding the Fiber Optic System.  He suggested that this item be deferred for one week.  Mr. Phillips noted that there were two items to be discussed at this session – the Health Joint Administration agreement and Panhandlers.  

 

PANHANDLING

 

            City Manager John Phillips stated that panhandling has been a problem for years, and complaints about it are increasing.  He noted that staff and Assistant City Attorney Ted Kutsunis have been doing some research for methods to respond to this problem.  Chief John Wright stated that officers respond to complaints about panhandling.  If there is a complainant who is willing to testify against the panhandler in court, an arrest can be made for “Disorderly Conduct.”  In court, the Police Department must prove that the complainant was alarmed and disturbed b the actions of the panhandler.   He added that complainants do not want to get involved most of the time, and stated their reasons as fear of retaliation and inconvenience among others.  He noted that, if the act occurs on private property, a trespass notice could be issued to the panhandler.  He stated that most of the regular panhandlers have been trespassed from most of the businesses within their walking distances.  The owner or manager does have to act as the complainant for the trespass notice to be issued.  He indicated that the most common enforcement is for the officer to tell the panhandler to move along.

 

            Assistant City Attorney Ted Kutsunis stated that, if an ordinance were to be passed by the Council, it would have to be content neutral and would have to apply to everyone.  He stated that there are specific areas where panhandlers are not allowed – like ATM machines, outside Post Offices and other Federal buildings.  Council members inquired about including the District in these specific areas, and Attorney Kutsunis responded that perhaps it could state specifically “after dark.”  He also indicated that the ordinance could include definitions for the aggressive types of behavior that would be considered as unlawful.  He noted that “aggressive” behavior on the part of the panhandler could include touching the other person, following them, and asking for money more than once after being told “no”. 

 

            Community Marketing Director Jennifer Fowler stated that she spoke to several business owners who told her that they often do not act as a complainant because of the time involved in the processing of the complaint.  They usually just want the panhandler to move on and not bother their customers.

 

            Following further discussion, consensus was that Attorney Kutsunis would draft an ordinance that will be placed in the Memo Packet for comments.

 

JOINT ADMINISTRATION AGREEMENT

 

            Personnel Director/Assistant to the City Manager John Thorson, and Public Works Director/Assistant to the City Manager Bob Hawes reviewed the Joint Administration Agreement.  Mr. Thorson stated that they plan to continue the Health Committee.  Tim Sharpe as the actuary for the Health Program for one year, and will go out for RFP’s for the following year.  He noted that, if the committee has not selected an actuary by the indicated time, the City Council will be asked to make the decision.  He also discussed hiring a person who would remain neutral and facilitate the committee meetings. The facilitator would also do the training of the new committee members, and help with the RFP for Health Care Services for future years.  Mr. Thorson stated that the committee will be meeting Thursday at 2:00 p.m.

 

EXECUTIVE SESSION

 

            A motion made by Alderman Austin and seconded by Alderman Brooks to recess to Executive Session on matters of Litigation and Property Acquisition CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin.  NAYS: None.

 

            The meeting was recessed at 5:50 p.m.

 

ADJOURNMENT

 

            Mayor Schwiebert reconvened the regular meeting at 6:35 p.m.  A motion made by Alderman Rockwell and seconded by Alderman White to adjourn the meeting CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, White, Murphy and Austin.  NAYS: None.

 

            The meeting was adjourned at 6:36 p.m.

 

                        _______________________________

                                                                                                     Jeanne F. Paggen, City Clerk

            The Rock Island City Council met in regular session at 6:45 p.m. in the Council Chambers of Rock Island City Hall.  Present were Mayor Mark W. Schwiebert, presiding, and Aldermen Terry M. A. Brooks I, David A. Conroy, Dennis E. Pauley, Daniel Rockwell, Joy Murphy and Charles O. Austin III.  Alderman Evelyn "Evie" R. White was absent.

 

INTRODUCTORY PROCEEDINGS

 

            Mayor Schwiebert called the meeting to order and lead in the Pledge of Allegiance to the Flag of the United States of America.  Alderman Murphy gave the Invocation.  A motion made by Alderman Murphy and seconded by Alderman Conroy to approve the Minutes of the meeting of October 24 as printed CARRIED on a Voice vote. 

 

PRESENTATION

Agenda Item #6

POEM/PRESENTATION

 

            Mayor Schwiebert read a poem written and presented to the City by Lance Baker of Davenport, Iowa.  The framed document will be on display in the office of the Mayor.

 

Agenda Item #7

MURRAY HANCKS/COMMENDATION

 

            Alderman Austin indicated that he suggested the Resolution in appreciation to Murray Hancks for his many years of faithful service to the City as a staff member and editorial page writer for the Rock Island Argus.  Mayor Schwiebert read the Resolution.  A motion made by Alderman Austin and seconded by Alderman Conroy to adopt the Resolution CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #8

MORATORIUM/LIQUOR LICENSES ON 11 STREET

 

            The City Clerk read a Resolution regarding the Moratorium on the issuance of new liquor licenses within the 11th Street Redevelopment Project Area. Mayor Schwiebert reviewed the Moratorium, indicating that this was being extended for one year.  He added that the Moratorium would be reviewed again next year.  A motion made by Alderman Murphy and seconded by Alderman Austin to adopt the Resolution CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

ORDINANCES

Agenda Item #9

DIAGONAL PARKING/25 AVENUE, 47 STREET

 

            The City Clerk read a Special Ordinance establishing diagonal parking spaces for the cul-de-sac at 25th Avenue and 47th Street.  A motion made by Alderman Austin and seconded by Alderman Murphy to consider, suspend the rules and pass the Ordinance CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #10

STORM WATER ORDINANCE/AMENDMENT

 

            The City Clerk read an Ordinance amending the Storm Water Ordinance, extending the time from three years to five years for the waiver of the requirements for certain subdivisions.  A motion made by Alderman Conroy and seconded by Alderman Rockwell to consider, suspend the rules and pass the Ordinance CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

CLAIMS

 

A motion made by Alderman Rockwell 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.

 

The claims were as follows:

 

a.       Statement from the City Attorney in the amount of $7,430.00 for legal services for the month of October.

 

b.      Report from the Personnel Department recommending payment to Califf and Harper in the amount of $7,690.60 for legal services during the month of September.

 

c.       Report from the Personnel Department recommending payment to Attorney John Westensee in the amount of $18,409.43 for workers compensation settlement agreement.

 

d.      Report from the Personnel Department recommending payment to JoAnn Guild in the amount of $702.63 for vehicle repair.

 

e.       Report from the Public Works Department recommending payment to Peeters Sod Company in the amount of $4,770.00 for plantings for a noise barrier at Highland Place.

 

f.        Report from the Public Works Department recommending payment to Valley Construction in the amount of $9,744.20 for an emergency sanitary sewer repair.

 

g.       Report from the Public Works Department recommending payment to Zimmer and Francescon in the amount of $5,810.00 for the purchase of two replacement impellers for pumps at the Wastewater Treatment Plant.

 

h.       Report from the Public Works Department recommending payment to Kelly Construction in the amount of $7,384.56 for the 2005 Catch Basin Rebuild Program.

 

i.         Report from the Public Works Department recommending payment to Brandt Construction in the amount of $313,018.34 for the 24th Street Resurfacing from 31st Avenue to 17th Street. 

 

 

 

j.        Report from the Public Works Department recommending payment to Missman Stanley and Associates in the amount of $6,322.75 for the 85th Avenue West Reconstruction.

 

k.      Report from the Public Works Department recommending payment to Missman Stanley and Associates in the amount of $7,458.70 for construction services on the 30th Street Blackhawk Road Development.

 

l.         Report from the Public Works Department recommending payment to Triad Engineering in the amount of $1,540.00 for the Rock Island-Moline Water Interconnection project.

 

Agenda Item #12

OCTOBER 21 THROUGH NOVEMBER 3

 

            The City Clerk read the claims for the week of October 21 through November 3 in the amount of  $1,104,428.37.   A motion made by Alderman Conroy and seconded by Alderman Brooks to allow the claims CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #13

OCTOBER 10 THROUGH 23

 

            The City Clerk read the payroll for the weeks of October 10 through 23 in the amount of $1,007,743.10.    A motion made by Alderman Rockwell and seconded by Alderman Murphy to allow the payroll CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

BIDS/PURCHASES

Agenda Item #14

CARQUEST AUTO PARTS/TIRE MACHINE

 

            The City Clerk read a report from the Public Works Department regarding bids for the purchase of a tire machine, recommending the bid be awarded to CarQuest Auto Parts in the amount of $2,880.00, and that the current tire machine be declared surplus. A motion made by Alderman Pauley and seconded by Alderman Conroy to award the bid as recommended, authorize purchase, declare the current tire machine as surplus and refer to the City Attorney for an Ordinance CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

CONTRACTS/AGREEMENTS

 

Agenda Item #15

C. H. LANGMAN/DEMOLITION

 

            The City Clerk read a report from the Community and Economic Development Department regarding bids for the demolition of 11th Street properties, recommending the bid of C. H. Langman in the amount of $92,999.00. 

 

A motion made by Alderman Murphy and seconded by Alderman Brooks 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, Murphy and Austin.  NAYS: None.

 

Agenda Item #16

TRI-CITY ELECTRIC/FIBER OPTICS CABLE: PHASE 2

 

            The City Clerk read a report from the Public Works Department regarding bids for the Fiber Optics Cable: Phase 2, recommending the bid of Tri-City Electric in the amount of $232,648.59.  A motion made by Alderman Pauley and seconded by Alderman Austin to DEFER this item for one week CARRIED on a Voice vote.

 

COMMUNITY AND ECONOMIC DEVELOPMENT

 

Agenda Item #17

METROBANK/ATM MACHINE

 

            The City Clerk read a report from the Public Works Department regarding an agreement with Metrobank for the installation of an ATM on the north side of 5th Avenue between 18th and 19th Streets, recommending approval of the agreement with stipulations stated.

 

Alderman Conroy asked if the neighbors were all contacted and had no objections. Mr. Phillips indicated that efforts have been made to contact them, and only one has not been able to be contacted.  Mayor Schwiebert asked why this was going to be on the north side of the street instead of the south side.  Mr. Hawes responded that it is on a one-way street.  If the street would be changed in the future, the ATM location could be reviewed at that time. 

 

A motion made by Alderman Murphy and seconded by Alderman Austin to approve the agreement as recommended and authorize the City Manager to execute the documents when a corrected sketch plan is submitted CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #18

MOORE/4529 5 AVENUE

 

            The City Clerk read a report from the Community and Economic Development Department regarding an agreement with Jerry Moore to share costs for the conveyance and demolition of property at 4529 5th Avenue. Alderman Murphy stated that many of the neighbors are looking forward to this project.  Mayor Schwiebert asked if there would be additional jobs, and Greg Champagne responded that was unknown at this time. A motion made by Alderman Rockwell and seconded by Alderman Murphy to approve the agreement and authorize the City Manager to execute the contract documents, with the stipulation that the demolition be completed by July 1, 2006, CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

 

 

 

Agenda Item #19

4500 BLACKHAWK ROAD/FINAL PLAT

 

            The City Clerk read a report from the Community and Economic Development Department regarding a Final Plat for Prairie View Business Park Addition at 4500 Blackhawk Road, recommending approval with the requested variance of no sidewalk on 45th Street Court.  A motion made by Alderman Austin and seconded by Alderman Murphy to approve the final plat with stipulations as recommended CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #20

ROCK ISLAND ECONOMIC GROWTH/DONATION OF PROPERTY

 

            The City Clerk read a report from the Community and Economic Development Department regarding approval of the donation of property at 516 9th Avenue, 509 9th Avenue and 701 5th Street to the Rock Island Economic Growth Corporation. A motion made by Alderman Rockwell and seconded by Alderman Murphy to approve the property donation and refer to the City Attorney for an Ordinance CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #21

CITY CLERK/CINDY NEIGGEMANN

 

            The City Clerk read a report from the Personnel Department regarding the appointment of Cindy Neiggemann to the position of City Clerk at an annual wage of $29,969, beginning January 30, 2006. 

 

A motion made by Alderman Austin and seconded by Alderman Conroy to approve the appointment of Cindy Neiggemann as City Clerk beginning Monday, January 30, 2006 CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

            A motion made by Alderman Austin and seconded by Alderman Conroy to approve the base salary as recommended, becoming effective Monday, January 30, 2006, and refer to the City Attorney for an Ordinance CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

Agenda Item #22

JOINT ADMINISTRATION AGREEMENT/HEALTH CARE INSURANCE

 

            The City Clerk read a report from the Personnel Department regarding a Joint Administration Agreement between the City and the Unions, recommending approval of the agreement and continuation of the Health Care Planning Committee process. 

 

 

 

 

A motion made by Alderman Conroy and seconded by Alderman Austin to approve the agreement, authorize the City Manager to execute the contract documents, and direct staff to continue with the Health Care Planning Committee process as recommended CARRIED on a Roll Call vote.   AYES: Aldermen Brooks, Conroy, Pauley, Rockwell, Murphy and Austin.  NAYS: None.

 

PUBLIC RIGHT OF WAY REQUESTS

 

Agenda Item #23

PUBLIC RIGHT OF WAY/962 24 AVENUE

 

            The City Clerk read a report from the Public Works Department regarding a request from Ms. Pauline Rink for permission to leave an existing fence and shed at their current locations within the right of way at 962 24th Avenue.  A motion made by Alderman Pauley and seconded by Alderman Rockwell to approve the request, pending receipt of a Certificate of Insurance listing the City as additional insured CARRIED on a Voice vote.  

 

Agenda Item #24

PUBLIC RIGHT OF WAY/957 34 AVENUE

 

            The City Clerk read a report from the Public Works Department regarding a request from Mr. and Ms. Wilson for permission to leave an existing fence and rain garden within the right of way at 957 34th Avenue. A motion made by Alderman Murphy and seconded by Alderman Austin to approve the request, pending receipt of a Certificate of Insurance listing the City as additional insured CARRIED on a Voice vote.

 

ITEMS FROM THE CITY MANAGER’S MEMORANDUM PACKET

 

            City Manager John C. Phillips asked Fire Chief Jerry Shirk to discuss the joint fire training facility to be constructed at the Rock Island Arsenal.  Chief Shirk discussed the benefits of having this training facility locally. The training facility will have a variety of challenges that firefighters encounter regularly, such as collapsible walls, etc.  He commented that Assistant Fire Chief Doug Vroman had put in a lot of time and effort to get the funding and help it become a reality.  He also commended members of the Arsenal Fire Department for their participation in the project.  He stated that it should be done by the end of the year, and they are planning to have a grand opening in March. Mr. Phillips commended Chief Shirk for taking the lead in the efforts to enhance programs such as this.

 

            Finance Director Bill Scott reviewed the Management Report from the second quarter of the fiscal year.  He indicated that the level of 50% for both expenses and revenues is expected, and explained why some did not meet that level.  He stated that the General Fund was at 58% for revenue and under 50% for expenses.  He further stated that the Sales Tax was flat, and the Self Insurance did not look as positive.  He stated that the Library has a deficit budget, which may affect the Property Tax Levy.  The Wastewater Fund had a negative balance last year, and the Long Term Control Plan will present a challenge with the budget.  The Marina did not show much improvement, and ended the year in a negative position. 

 

 

Mr. Scott stated that the Council will review the Capital Improvement Plan November 21, and December 19 is the scheduled date to adopt the Property Tax Levy.  The Budget discussions are scheduled for February 25 and March 4.  Alderman Conroy asked if the Centennial Bridge budget was out completely, and Mr. Scott responded that there are some final charges that are being discussed by the City Engineer and the State. 

 

OTHER BUSINESS

 

LIBRARY EVENT

 

            Alderman Austin asked Library Director Ava Ketter to speak about the Library Foundation’s fund-raising event to be held Tuesday evening from 5:00 p.m. to 7:30 p.m. at the main Library in downtown Rock Island.  Ms. Ketter reviewed the program, and stated that the cost was $15.00 per person, or $25.00 per couple.

 

SIDEWALK REPLACEMENT

 

            Kathy Myatt, 806 15th Street, stated that the city has been working on the street in front of their house, and they have not replaced the small walk from the curb to the sidewalk.  She stated that there was one there but it broke, and she replaced it herself with decorative pieces.  Public Works Director Bob Hawes stated that they replace the walks that they take out to do the street, and if there was not a walk there when they started the project, it would not be replaced.  Ms. Myatt stated that she took the broken pieces out for safety purposes, and there are about ten houses in the three-block area that did the same.  Others have been put in. 

 

            Alderman Brooks asked that he be given the opportunity to look at it.  Mr. Hawes stated that the replacement cost would be about $5.00 to $7.00 per square foot. He stated that, as far as he knows, the residents themselves had these short walks put in.  He will prepare a report from Council listing the cost to do the replacement.

 

TIMOTHY DOOLING

 

            Timothy Dooling, 9th Street at 14 ½ Avenue, spoke to Council about some license plates that were taken off of his vehicle on Sunday.  He discussed the incident, and stated that there is no evidence that any fingerprints were taken at the scene.  He indicated that his family has increased the reward for the return of the backpack from $500.00 to $10,000.   He added that they know who did it, and the person pictures are on posters that he is putting around.

 

RODNEY REED

 

            Rodney Reed, PO Box 1651, Milan, spoke to Council about Item #23.  He discussed Agenda Item #23, stating that the alley should remain open. He indicated that he bought the garage at the end of the alley.  Mr. Hawes explained that it is an undeveloped alley, and the Agenda Item referred to an existing building and fence within the right of way at 962 24th Avenue.  Alderman Conroy asked staff to bring back a report with graphics.

 

RECESS

 

            A motion made by Alderman Conroy and seconded by Alderman Murphy to recess to Monday, November 14 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 7:35 p.m.

                        _______________________________________

                              Jeanne F. Paggen, City Clerk