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Moline Committee of the Whole considers special ordinance, proposed business

Meeting 09

The City of Moline Committee of the Whole gathered for a regular meeting on Thursday, July 7.

"Council members meet as the Committee-of-the-Whole on select Tuesdays of each month at 6:30 pm in Council Chambers, unless otherwise posted. Please check the meeting calendar for meeting dates. The formal City Council meeting is held immediately following the Committee-of-the-Whole meeting."

Here are the meeting minutes as provided by the City of Moline Committee of the Whole:

619 16th St.

Moline, Illinois 61265

Committee-of-the-Whole Minutes

Tuesday, June 7, 2016

PRESENT: Mayor Scott Raes (Chair)

Alderman Quentin Rodriguez (Ward 1) Electronically

Alderman David Parker, Jr. (Ward 2)

Alderman Mike Wendt (Ward 3)

Alderman John Zelnio (Ward 4)

Alderman Lori Turner (Ward 5)

Alderman Kevin Schoonmaker (Ward 6)

Alderman Stephanie Acri (Alderman At-Large)

ABSENT: Alderman Sean Liddell (Ward 7)

STAFF: Lew Steinbrecher, City Administrator

Maureen Riggs, City Attorney

Tracy Koranda, City Clerk

Ray Forsythe, Planning & Development Director

Alison Fleming, Human Resources Manager

Lori Wilson, Parks Recreation Director

Nate Scott, Information Technology Manager

Kim Hankins, Public Safety Director

Jeff Snyder, Battalion Chief

Scott Hinton, City Engineer

Kathy Carr, Finance Director

Jeff Anderson, City Planner

Mike Waldron, Public Works Director

Shawn Christ, Land Development Manager

JD Schulte, Fleet Services Manager

Will Tolmie, Accounts Receivable Technician

Keith Verbeke, Finance Manager

Rhonda Bartz, Public Works Administrative Secretary

Mel Parrish, Utility Billing & GIS/Records Specialist

Tony Loete, Water Distribution Manager

Greg Swanson, Utilities General Manager

Randi Haley, Utility Billing Specialist

Erica Williams, Environmental Manager

Deb Fortnier, Finance Customer Service

OTHERS: Jerry Lack, Illowa Construction Labor and Management

Mary Peterson, Resident

Elizabeth Smith, Resident

McClain Acri, Resident

Sandy O’Neill, Resident

Marilyn O’Hara, Resident

Anthony Watt, The Dispatch

Committee-of-the-Whole Minutes June 7, 2016

Mayor Raes called the meeting to order at 6:30 p.m. in Council Chambers.

Agenda Items

1. A Special Ordinance granting a variance to Section 28-3200(a) of the Moline Code of Ordinances to relocate installation of a sidewalk for property located at 711 41st Avenue Drive. Shawn Christ, Land Development Manager, explained that Build to Suit Inc., the developer of the property addressed as 711 41st Avenue Drive (Parcel #07-14551), has requested a variance from installing sidewalks at the required location (east side of 7th Street) due to a severe slope, existing wetland, and decreasing the capacity of the storm water ditch by having to add fill for the installation of the sidewalk, which constitutes a hardship on the subject property. While the City is not required to obtain consent from adjacent property owners for a sidewalk being placed in public right-of-way, staff did consult with Unity Point and Unity Point indicated that it does not wish to have a sidewalk installed on the west side of 7th Street. A motion was made by Alderman Turner to approve. Seconded by Alderman Zelnio. Motion passed with Alderman Schoonmaker voting nay.

2. A Resolution authorizing the Mayor and City Clerk to execute a Professional Services Agreement with National Energy Control Services Inc. (NECS) for tax recovery services. J.D. Schulte, Fleet  Manager, indicated that the City is required to pay State Motor Fuel Tax on all bulk fuel products purchased for use in City fleet vehicles and equipment. On certain occasions, when a vehicle or piece of equipment is operating in a stationary capacity, the fuel used during that period may not be taxable. The fuel management system that was installed in 2014 has the capability to separate idle time fuel consumption from fuel used while driving for purposes of reporting on most applications. National Energy Control Services Inc. (NECS) provides a tax recovery service for operations like the City’s that have the ability to collect this data. The fees for services from NECS will be equal to 35% of any recoveries it is able to obtain for the City. Fleet staff anticipates about two hours per month will be required to collect the data, sort out the applicable information and produce the reports needed by NECS for its services. NECS recommends that the Mayor and City Clerk execute a professional services agreement with NECS Fleet Solutions for tax recovery services for 35% of recoveries obtained. A motion was made by Alderman Wendt to approve.

Seconded by Alderman Parker. Motion passed unanimously.

3. Proposed 2016 General Obligation Corporate Purpose Bonds. Kathy Carr, Finance Director, stated that due to favorable interest rates in the current market and upcoming call dates on the 2007A General Obligation Corporate Purpose Bonds, it has been determined to be in the best interest of the City of Moline to borrow funds to refinance this bond issue. The 2007A bonds were issued to advance refund the 2004A bonds which were used to construct the new Police facility, Library facility and Aquatic center. A motion was made by Alderman Parker to approve. Seconded by Alderman Wendt. Motion passed unanimously.

4. Accepting the Comprehensive Annual Financial Report prepared by Baker Tilly Virchow Krause, LLP for the Fiscal Year January 1, 2015 through December 31,2015 for all municipal funds. Kathy Carr, Finance Director, indicated that the Comprehensive Annual Financial Report for the City of Moline for the fiscal year ended December 31, 2015 is submitted for City Council acceptance. The primary objective of a financial audit are: (1) to express an opinion on the fairness of the financial statements in conformity with generally accepted accounting principles; and (2) to determine whether the City has complied with applicable legal requirements in obtaining and expending public funds. The audit for Fiscal Year 2015 was performed in accordance with generally accepted auditing standards by the accounting firm of Baker Tilly Virchow Krause, LLP. These standards are required to obtain reasonable assurances that the general purpose financial statements are free from material misstatements. The opinion given in the Report on the Independent Auditors states that the general purpose financial statements present fairly, in all material respects, the financial portion of the City of Moline at December 31, 2015 and the results of the City’s operations are in accordance with generally accepted accounting principles. The City of Moline has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers’ Association for 22 consecutive years and will be submitting the 2015 report for award Committee-of-the-Whole Minutes June 7, 2016

consideration. Copies of the CAFR will be made available to the public for reference at the Moline Library, Moline Finance Department, and via the City’s web site. A motion was made by Alderman Zelnio to approve. Seconded by Alderman Wendt. Motion passed unanimously.

5. A Resolution authorizing the concept of a development project as proposed to be constructed on the 102,038 sq. ft. site of the former John Deere Collectors Center and the City-owned parking lots generally described as the two blocks which are bound by 16th Street and 17th Street and River Drive and 4th Avenue, Moline, Illinois, commonly known as 320 16th Street, 1602 River Drive, 1614 River Drive, 1622 River Drive, 1626 River Drive, 1628 River Drive, and 1632 River Drive; and affirming the intent of the City to enter into a purchase agreement and a development agreement for said project; and authorizing City staff to negotiate a purchase agreement and a development agreement exclusively with Heart of America Group for a term of 12 months, which agreements shall be subject to further review and approval by the City Council. Ray Forsythe, Planning & Economic Development Director, explained that City and Heart of America Group have a mutual desire to develop the 102,038 sq. ft. site of the former John Deere Collectors Center and the City-owned parking lots generally described as the two blocks which are bound by 16th Street and 17th Street and River Drive and 4th Avenue, Moline, Illinois, commonly known as 320 16th Street, 1602 River Drive, 1614 River Drive, 1622 River Drive, 1626 River Drive, 1628 River Drive, and 1632 River Drive, owned by the City. Heart of America Group is seeking a 12-month period of exclusive rights to develop said property to complete due diligence on the site as well as the engagement of market research to study the mixed use, multi-family residential, commercial market and parking structure related to the development potential of the site, and to gather architectural schematic design and renderings, construction set drawings, construction scope, costs, contractual agreements, zoning, entitlement, permitting, and a development agreement. Heart of America and City staff will work to provide quarterly updates to the City Council regarding the research on the feasibility of the development in order to facilitate the due diligence and lessen the needed time to perform the decision and negotiation process. A motion was made by Alderman Acri to approve. Seconded by Alderman Parker.

Motion passed unanimously.

6. A Special Ordinance authorizing the Mayor and City Clerk to execute an IMPACT Memorandum of Understanding for the Quad Cities Multi-Modal Station Bid Release #3 General Construction Project; and directing City staff to include a requirement of an IMPACT Memorandum of Understanding in any bid specifications for the Quad Cities Multi-Modal Station Bid Release #3 General Construction Project that is being managed by the Rock Island County Metropolitan Mass Transit District (MetroLINK). Ray Forsythe, Planning & Economic Development Director, indicated that Illowa Construction Labor and Management Council (Illowa) requests the City of Moline to execute an IMPACT Memorandum of Understanding for the Quad Cities Multi-Modal Station Bid Release #3 General Construction Project (“Project”). An IMPACT agreement will provide increased contractor productivity through the employment of craftsmen who have completed an accredited apprenticeship program and will promote labor stability by ensuring that labor work stoppages, labor job disruption, and labor strikes do not occur for any reason throughout the Project. A motion was made by Alderman Parker to approve. Seconded by Alderman Wendt. Motion passed unanimously.

7. An Ordinance amending Chapter 23, “PARKS AND RECREATION,” of the Moline Code of

Ordinances, Section 23-1100, “CREATED; COMPOSITION; APPOINTMENT OF MEMBERS,” by repealing said section in its entirety and enacting in lieu thereof one new Section 23-1100 dealing with the same subject matter. Maureen Riggs, City Attorney, stated that the Park Board seeks to have formal City Council input on Park matters by permitting a member of the City Council to also be a member of the Park Board as currently permitted for the Library Board. This amendment would change the language for appointment of Park Board members to the language for members of the Library Board that allows not more than one member of the Park Board to also be a member of the City Council. A motion was made by Alderman Parker to approve. Seconded by Alderman Schoonmaker. Motion passed unanimously.

8. A Resolution authorizing the Mayor to approve revisions to the Agreement to Delegate Authority to Issue Permits for Water Main Extension with the Illinois Environmental Protection Agency. Scott Hinton, City Engineer, explained that the Illinois Environmental Protection Agency proposes revisions to the agreement through which it delegates authority to issue water main extension permits to the City of Moline. The revised agreement includes notification requirements related to possible increased levels of lead in the water supply due to construction activities. A motion was made by Alderman Parker to approve.

Seconded by Alderman Wendt. Motion passed unanimously.

9. Staff seeks City Council direction related to replacement of the sidewalk adjacent to the 12th Street retaining wall. Scott Hinton, City Engineer, stated that the existing deteriorated 12th Street retaining wall could not be removed during construction of the new wall without jeopardizing the stability of the hillside.

Due to the stability of the hillside, the new wall was installed in front of the existing wall. Installing the new wall in front of the existing wall reduced the boulevard width between the face of the new wall and the back-of-curb to less than four feet which is less than required for an ADA-compliant sidewalk. Staff finds three options related to the sidewalk replacement and looks to Council for direction. One, the sidewalk could be eliminated from this section of 12th Street and the area between the wall and the street could be planted with grass or left as-is with aggregate. Two, a non-ADA-compliant sidewalk could be installed between the wall and the street for approximately $20,000. Three, the existing curb and gutter could be relocated approximately five feet west into the existing pavement which would provide adequate space for an ADA-compliant sidewalk. This option would require eliminating the on-street parking adjacent to the retaining wall and would cost approximately $80,000. A motion was made by Alderman Parker to stripe a lane to have a street level sidewalk. Seconded by Alderman Wendt. Alderman Acri, seconded by Alderman Wendt, made a motion to amend the previous motion to include ramps on both the north and south approaches to the street level sidewalk. Motion to amend passed unanimously. A motion was made by Alderman Acri, seconded by Alderman Wendt, to approve the amended motion to stripe a street level sidewalk with ramps on both the north and south approach to the street level sidewalk. Motion passed unanimously.

10. A Resolution authorizing the Mayor and City Clerk to execute a Contract with Centennial Contractors of the Quad Cities Inc. for Project #1236, 2016 Residential Street Resurfacing Project, in the amount of $990,240.20. Scott Hinton, City Engineer, indicated that bids were opened and publicly read on May 31, 2016, for Project #1236 with the following results:

$990,240.20 Centennial Contractors of the Quad Cities Inc.

$1,045,422.95 Valley Construction Company

$1,049,458.84 Langman Construction Inc.

$1,247,169.00 McCarthy Improvement Company

$1,248,432.00 Walter D. Laud Inc.

Project #1236 includes the resurfacing of 25th Street from 10th – 12th Avenues, 11th Avenue B from 25th – 26th Streets, 35th Avenue from 34th – 36th St A, and 5th Avenue from 48th St to the East Moline border. The intersection of 11th Ave B and 26th Street will be reconstructed in concrete. Centennial Contractors submitted the lowest responsible and responsive bid. A motion was made by Alderman Wendt to approve.

Seconded by Alderman Parker. Motion passed unanimously.

Public Comment

Mary Petersen and Elizabeth Smith presented the attached detail regarding backyard urban chickens. A motion was made by Alderman Acri, seconded by Alderman Schoonmaker, to benchmark the ordinance from Cedar

Rapids, Iowa, that would allow for backyard chickens with the following exceptions: 

1. Replace the word “chicken” with “hen.” 

2. Remove the requirement to notify residents of immediate adjacent dwellings. 

3. Change the requirement for henhouses to be 5 feet from property line instead of from 10 feet. 4. Indicate that either on or off the permitted property; a dog or cat that kills a chicken will not be considered a dangerous animal.

Sandy O’Neill, 1604 11th Avenue, asked if any earnest money had been received from the developer of the Deere Collectors Center lot. Lew Steinbrecher, City Administrator, said that the City did not receive any money from the developer.

Informational

1. Utilities and Solid Waste Charges for Vacant Properties. Tony Loete, Water Distribution Manager and Randi Haley, Utility Billing Specialist, gave an overview of the attached detail regarding Utilities and Solid Waste Charges for Vacant Properties.

2. Stormwater Utility Billing Update. Mike Waldron, Public Works Director and Erica Williams, Environmental Manager, gave an overview of the attached detail regarding Stormwater Utility Billing.

The meeting adjourned at 8:15 p.m.

Respectfully submitted,

Tracy A. Koranda

City Clerk

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