City Council - Regular Meeting

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Thank you. 45. Roll call, please.

Alderperson Evans.

Present.

Hurt.

Here.

Barnes. Here. Swanson. Parker. Hulis.

Here.

Healy.

Here.

And Mary Harris.

Present. Would everyone please stand for the Pledge of Allegiance and Remains Agenda item five. Vote to approve the agenda. Motion to approve the agenda. Second. There's been a first and a second. Is there any discussion? Seeing none, roll call please.

Alderperson Hurt.

Aye.

Barnes. Aye. Kulis.

Aye.

Healy.

Aye.

And Evans.

Yes. Agenda item six, public comments. No one signed up for public comment, so we'll move right along. Agenda item seven, update Rock Island. Update Rock Island, Starlight Review. The last Starlight Review concert for the summer is tomorrow night, Tuesday, July 14th in Lincoln Park. Enjoy live music from the night people starting at 6.30 p.m. Concessions open at 5 p.m. with delicious food from the Hy-Vee Grill. Become a Rock Island firefighter. The city is accepting applications for firefighters, paramedics with the Rock Island Fire Department now through September 11th. Make a difference in your community as you serve, save, and protect. Applications and hiring requirements can be found on our website at rigov.org. The Martin Luther King Center's Family Advocacy Center is here to serve you. MLK staff offer a free life skills group that meets biweekly on Tuesdays from 11 a.m. to 12 noon. Separate groups will be held in different rooms to provide a comfortable and supportive environment. For questions, contact the Family Advocacy Center at 309-732-2985. The Family Advocacy Center is partnering up with the Center for Youth and Family Solutions to bring families together for an evening of fun, connection, and community on July 29th from 5 to 7 p.m. at the MLK Center located at 639th Street. There will be a variety of community resource booths. Agenda item eight.

A, an ordinance granting a special use permit for the property at 702 20th Street, second reading.

Motion to approve the ordinance.

Second. I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt.

Aye.

Barnes. Aye. Gullis.

Aye.

Healy.

Aye. And Evans. Yes. Agenda item nine.

A, a report from the Traffic Engineering Committee regarding a request from Augustana College to install street name signs featuring both the city and Augustana College logos within the Augustana College neighborhood first reading.

Second.

I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt?

Aye.

Barnes? Aye. Gullis? Aye. Healy? Aye. And Evans? Yes.

Agenda item 10.

Consent agenda items A through I.

Motion to approve consent agenda items A through I. Second.

I have a first and a second. Is there any discussion? Hearing none, clerk, please call the roll.

Alderperson Hurt? Aye. Barnes? Aye. Gullis?

Aye. Healy? Aye.

And Evans?

Yes. Agenda item 11.

Claims A through F.

Motion to allow claims A through F. Second. I have a first and a second. Is there any discussion? Clerk, please call the roll.

Alderperson Hurt.

Aye.

Barnes. Aye. Kulis. Aye. Healy.

Aye. And Evans. Yes.

Agenda item G. Claims G through I.

Motion to allow claims G through I.

Second. I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt?

Aye.

Barnes? Aye. Poulos? Aye. Healy?

Aye. And Evans? Yes. Item J.

Purchases J and K. Motion to approve purchases J and K. Second. There's been a first and a second.

Is there any discussion? Roll call, please.

Alderperson Hurt.

Aye.

Barnes. Aye. Poulos. Aye. Haley. Aye. And Evans.

Yes. I chair the item 12.

A, report from the Community Development Department regarding agreements with PGAV Planners LLC for the creation of the Southport TIF and the extension of the Parkway I-280 TIF in the amounts of $33,000 and $5,000.

Motion to postpone this item until July 27th. Second. Second.

I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt?

Aye.

Barnes? Aye. Kulis? Aye. Healy?

Aye.

And Evans?

Yes. Agenda item B.

Report from the Finance Department regarding an intergovernmental agreement between the Illinois Office of the Comptroller and the City of Rock Island for participation in the local debt recovery program.

Motion to approve the agreement and authorize the city manager to execute the document subject to minor attorney modifications.

Second.

I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt?

Aye.

Barnes? Aye. Poulos?

Aye.

Healy?

Aye.

And Evans?

Yes. Agenda item C.

Report from the Public Works Department regarding bids for the 20th Avenue, 38th to 45th Street sidewalk improvements north of Dankman School as part of the Safe Routes to School grant program. Recommending the bid be awarded to Centennial Contractors of Moline, Illinois in the amount of $609,124.50.

Motion to concur with the Illinois Department of Transportation's acceptance of the bid.

Second. There's been a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt?

Aye.

Barnes? Aye. Hulis?

Aye. Healy?

Aye. And Evans?

Yes.

Agenda item D. Report from the Public Works Department regarding a letter of understanding with the Illinois Department of Transportation for the jurisdictional transfer of IDOT right of way 40th Street West.

Move to approve the IOU, I'm sorry, And authorize the mayor to execute the documents subject to minor attorney qualifications.

Second. I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt? Aye. Barnes? Aye. Poulos?

Aye. Healy? Aye.

And Evans?

Yes.

Agenda item E. Report from the police department regarding a bid from Samson Fence Limited, Blue Grass, Iowa for the replacement of the west gate in the amount of $31,425.

Move to accept the bid as recommended and authorize the city manager to execute the document subject to minor attorney modifications.

Second. I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt? Aye. Barnes? Aye. Gullis? Aye. Healy? Aye. And Evans?

Yes. Agenda item 13.

A report from the Finance Department regarding a budget adjustment to the Street Improvement Fund 303 in the amount of $200,000.

Move to approve the budget adjustment. Second. I have a first and a second. Is there any discussion?

Just real quick on 12th Street, and I know that's in board one. But I know the school had been asking for the crosswalks to be painted. all around the building on all four streets, so will that get completed also prior to the start of school?

Yes, so part of this transfer here is to resurface 12th Street in front of the school, and then everything will be painted afterwards.

Any more discussion? Roll call, please.

Alderperson Hurt?

Aye.

Barnes? Aye. Hulis?

Aye. Healy? Aye. And Evans? Yes. Agenda item B.

Report from the Finance Department regarding a budget adjustment to the TIF for Parkway I-280, Valley's Casino Fund 402, in the amount of $98,550.08.

Motion to postpone this item until July 27th. Second.

I have a first and a second. Is there any discussion? Roll call, please.

Alderperson Hurt? Aye. Barnes? Aye. Polis? Aye. Healy? Aye. And Evans?

Yes.

Agenda item C. Report for the Finance Department regarding budget adjustments to the TIF 3 North 11th Street Fund 401 and the TIF 11 Downtown Fund 409 in the amount of $229,100, along with the North Port District Fund 410 in the amount of $458,200. Motion to postpone until July 27th.

Second. There's been a first and a second.

Is there any discussion?

Roll call, please. Go ahead.

Roll call, please.

Alderperson Hurt? Aye. Barnes? Aye. Hulus?

Aye.

Healy?

Aye. And Evans? Yes. Agenda item 14.

A report from the mayor's office regarding an appointment and reappointments to the Planning and Zoning Commission.

The motion to approve the appointment and reappointments as recommended. Second. I have a first and a second. Is there any discussion?

Roll call, please.

Alderperson Hurt. Aye. Barnes. Aye. Hulis.

Aye. Healy. Aye.

And Evans.

Yes. Agenda item B.

Report from the mayor's office regarding an appointment to the Fire and Police Commissioner's Board.

Motion to postpone this appointment until the second meeting in August.

Second. I have a first and a second. Is there any discussion?

Yes, sir. So the reason that I'm asking for a postponement on this, because I've recently been informed that this is not in line with what our current city ordinance actually states. Our actual city ordinance states that these are four-year terms, and I feel like the... And somehow, I don't know how far back that something has changed. All I know is I feel like, in good conscience right now, it's kind of hard to vote against something that's our actual ordinance. I would like the ordinance cleaned up and rectified. redo or fix the ordinance or whatever before we vote on this. They're conflicting. Maybe our city attorney could kind of talk about this a little bit.

Sure, I think back in May we were alerted that our ordinance does have a four year. I think what I communicated to other staff is that the appointments though at our current police and fire commission were appointed for three year terms. It is in conflict with our city ordinance. We could easily clean up the language to make it clear that it's for three year terms instead of four year terms. The state statute has it for three year terms for three people total. So the question is whether or not the city can legislate around that due to their home rule powers. There are other municipalities that have done different member commissions and different term limits as well. So yes, the current term that this person would be appointed to is expired. There is that opening because it was for the three-year term. Yes, our current ordinance does state that police and fire commissioners are appointed for four-year terms. I have no idea when the city started doing three-year terms instead of four-year terms. That's kind of where we're at with it.

So I guess my question is, we've been doing three-year terms for who knows when, and so why wouldn't we be able to approve this based on three years?

So that's the issue too. Right now this motion is put in place for a three-year term. So it's either we amend our ordinance, we can amend our ordinance to make it three-year terms, or we can follow the ordinance and do it for four-year terms. um but there is that discrepancy that we have with our our current ordinance but i would i would say legally the person that this person would be um changing that i mean they were appointed for a three-year term specifically at the time that they were appointed so when they were approved it's that four three-year term expiring i think in june of 2026. um

So all of the other appointments we've done have still been under a three-year term.

Every single person, at least on our current Police and Fire Commission, when they were appointed, I believe Amanda pulled that information. Correct me if I'm mistaken, Amanda. They were appointed for specifically three-year terms, even though our ordinance states four-year terms. So there is that issue. You guys probably do need to clean up the ordinance or explicitly state that you're wanting to do the four-year terms, but there probably needs to be some clarification there.

Well, I guess this is the first time that I am hearing of it. Me too. Yeah.

The night of the meeting. Me too.

So I communicated that information back at the end of May, not to any specific council member. That is technically the language of the ordinance.

So I guess what I'm looking at, I went through the Illinois Municipal Code. Commissioners serve three year terms, that's per Illinois Municipal Code. Continue serving until a successor is appointed and qualified. Vacancies are filled using the same appointment process as the original appointment. There are no statutory term limits in the Illinois Municipal Code. A commissioner may be reappointed for an additional three-year term if the mayor nominates them and the council consents. So again, we're basing this postponement on what could be a typo because it says four, but nobody has ever served four. They've always served three. Okay, but they ain't going by what's been done in the past.

So, sorry, if I may, Alderman Bartz, I can read the portion of the email that I had sent. So yes, you're correct, that state statute provides that there's three-year terms. Our ordinance provides for four-year terms. Then in the very next, to me, so it suggests that the city intentionally chose a different term line. In terms of home rule powers, if you look at that, the specific, the state statute on police and fire permissions, When the state legislator wants to limit home rule authority, they specifically mention that. There are other provisions in that ordinance that specifically says this is a limit on home rule authority. It does not state that in terms of the appointment of the number of terms and the number of commission members. It would be my recommendation that yes, they be appointed for three year terms so that it's more in line with state statute. I think that's the cleanest way. I think most municipalities do that. Sent that email, I noted that there are other municipalities that deviate from that three commission members, three-year terms. Peoria has seven members on their commission. I believe Skokie's ordinance provides for five member police and fire commission with four-year terms. There's other ones. Schaumburg has created a five-member commission with three serving three years and two additional commissioners serving one-year terms. And then Carbondale, Wheaton, and Roselle has also adopted five-member commissions. So again, I don't really have a preference on what you guys do, and I don't have a preference on, again, my personal opinion is that that term limit is expired because they were specifically appointed for three-year terms. So once, I believe, we met internally regarding the issue, that's when Amanda pulled the information to see if they were appointed for three-year terms. But yes, there is that discrepancy in our ordinance. the next question if the term expired in three years so we just currently now have two members on the commission technically no um technically if you look at the statute in the ordinance it says that a commission members continues to serve until a new appointment is made so commissioner wright would continue to serve until we've got that appointment in place

Since I'm kind of going through some of my notes, qualifications, and these are just the basic qualifications for a person to be appointed. They must take an oath of office, cannot hold another municipal office, cannot have been convicted of a felony, cannot be related by blood or marriage, from first cousin to any elected municipal officer, and no more than two commissioners may belong to the same political party. Those are the qualifications. That's correct. Nothing more.

Nothing more.

I don't think that the qualifications are the subject at hand. I think it's more about getting the city ordinance lined up with any appointments. At some point, this is going to have to get cleaned up, whether it be now or do it later. I mean, since we know about it now, you know it's just a time that we figure out the ordinance and what is the three or is it four or whatever about getting out of i guess the council besides but that we can't do that that has to be on another meeting so i'm just saying to clean to clean everything up i feel like this discrepancy is is the issue at some point at some point it's going to come up again if we don't fix it um

I just seem to think that this appointment is continually became a issue for certain members of this council that we still keep finding ourselves at a place of kicking this can down the road. I think we kicked it down the road a little bit too much.

And I will be voting no to postpone. So you would vote against another any other ordinance that you didn't that doesn't line up. You found this in any other ordinance in the city. So you're saying that you would go ahead and vote against the ordinance. I can't. I mean, we uphold the ordinances of the city, and if that's how it was laid out, what does a little extra time to get it cleaned up? To me, that just seems so.

It seems like that's been a continuous situation based on this particular position. And it seems like when we don't have the votes that's needed, we fireplace to kick it down the road instead of addressing the fact that this is an elephant in the room that needs to be put to sleep.

The mayor has continued to try to fill this position, and I'm appalled that this is continuing to happen. Well, I'm appalled at the tone you're taking with the council, how you're basically placing some kind of a tag on the city council. And I can tell you, again, if it was another If there's another agenda item that didn't fall in line with the ordinance, would you vote against it? My question, do you have an answer? Would you vote against the ordinance if you would make up your own ordinance? It seems like it's only been made up now because it's convenient.

Well, you think so, Leslie.

Time off, time off.

Yeah, this is the question.

Time off. Leslie, question. Yes. What needs to be cleaned up in the ordinance Could in all action, could that be done after the appointment?

Yes, I mean technically we've got the other two that were also appointed in contradiction to our current ordinance and they were specifically for a three year term. So this one is being appointed for a three year term. So if we are going to be cleaning up our ordinance after the fact, we can explicitly state that it would apply for current commission members too. Yes, that is legally something we could do.

Okay, so I ask the question, Yeah, you know, why would we hold up if the orders can be cleaned up after the fact? I mean, we do want to give people an opportunity to meet other commissioners, earn the just of their job, all those things. And we're continuing to delay that. And I don't want to be a disservice to any new commission. I agree.

So is it a possibility that Tassie will be wanting this to be a four-year term instead of a three-year term? Is that what I'm hearing?

I can't see if we have two comprimanders that are. So that's a possibility. I just want the two things to coincide. So the 200 meeting and right now...

As we look at the other appointments that we've made, did we have that same concern about those appointments at this time? No. We just passed them.

So if I can, Alderman Evans, our police and fire commission ordinance specifically, that's the one that says it's a four-year term. It doesn't relate to anything else. Police and fire commission's an interesting commission because a lot of it is controlled by state law, that state statute. So again, state statute does say three-year terms for three-year members. I think best practice is probably three-year terms for three members because that is what, by and large, most municipalities do. But yes, some municipalities that are on the roll do deviate from that. But I cannot tell you if Rock Island has ever appointed a commission member to a four-year term, or if we've always just done three-year terms.

And that's why I'm wondering why it's such a precedent right now.

I'm wondering the same thing, because it really doesn't make sense.

Any more discussion? Yes. Yeah, that's the pending motion. Any more discussion? So that's what we're moving the vote on right now. OK. Call the roll.

Alderperson Hurd? Aye. Barnes? No. Bulis? Aye. Haley? Aye. And Evans?

No.

Motion carries.

I don't see.

A report from the mayor's office regarding appointments to the Human Rights Commission.

Motion to approve the appointments and reappointments as recommended. Second.

First and second, is there any discussion? Roll call, please.

Alderperson Hurd? Aye. Barnes? Aye. Gullis? Aye. Healy? Aye.

Evans? Yes. Agenda item 15.

Rock Island Port Authority.

Motion to close regular city council meeting and convene the Rock Island Regional Port District meeting. Second.

I have a first and a second. Is there any discussion? All in favor say aye. Aye. All opposed?

Mayor and the council, we do not have an update tonight.

Okay, thank you. Motion to exit the Rock Island Regional Port Authority and reconvene the regular city council meeting.

Second. Second. Is there any discussion? All in favor say aye. Aye. All opposed? Agenda item 16. Is there any old business, new business? Any more?

I think the event that we had in Central Woods this weekend was a very nice event. I know it was the first time United Way teamed up with the school district and some other vendors to celebrate and deal with something directly in the community. And I think they did a great job.

Anything else? Moving right along. Agenda item 17.

Closed session. 5ISCS 120-2C11, litigation when an action against, affecting, or on behalf of a particular public body has been filed or is pending before a court or administrative tribunal or when the public body finds that an action is probable or imminent. In which case, the basis for the finding must be recorded and entered into the minutes of the closed meeting.

Move to end the closed session.

Second. There's a person. Second. Is there any discussion? All in favor say aye.