Moline City Council met July 17.
Here is the agenda provided by the Council:
Call to Order
Pledge of Allegiance
Invocation – Alderman Rodriguez
Roll Call
Consent Agenda:
All items under the consent agenda will be enacted by one motion. There will be no separate discussions of these items unless a Council Member so requests, in which case, the item will be moved from the Consent Agenda and considered as the first item after the Omnibus Vote.
Approval of Minutes & Appointments Made:
Committee-of-the-Whole and Council meeting minutes of July 10, 2018, appointments made during Committeeof-the-Whole on July 17, 2018, and the June Financial Report.
Second Reading Ordinances-
1. Council Bill/General Ordinance 3027-2018
An Ordinance amending Chapter 34, “Water And Sewers,” of the Moline Code of Ordinances, Section 34-2108, “Separate Connections,” by repealing said section in its entirety and enacting in lieu thereof a new Section 34-2108 dealing with the same subject matter.
Explanation: The Illinois Plumbing Code recently changed, requiring buried fire service piping to be combined with domestic water service piping. The change is intended to reduce or eliminate water system connections that may have little or no usage. Moline has always required separate piping. This change removes this requirement and conforms to the Illinois Plumbing Code.
Fiscal Impact: n/a
Public Notice/Recording: Publication of Ordinance
2. Council Bill/General Ordinance 3028-2018
An Ordinance amending Chapter 30, “Cable/Video Service Provider Fee, PEG Access Support Fee, And Customer Protection,” Sec. 30-2101, “PEG Access Support Fee Imposed,” by repealing said section in its entirety and reserving it for future use; by deleting the term “PEG Access Support Fee” from the title of Chapter 30 and Article II thereof; and Sec. 30-1100, “Definitions,” by repealing subsections (e) and (f), “PEG” and “PEG access support fee,” in their entirety and consecutively renaming the remaining subsections of Sec. 30-1100.
Explanation: In 2014, the City’s franchise agreement with Mediacom expired, and Mediacom elected to proceed under the newly enacted state-wide video and cable authorization that allowed cable companies to obtain a state authorization to provide cable services instead of having to negotiate franchise agreements with individual municipalities. As part of this new state authorization, cities were permitted to impose a 1% public, educational, and governmental (“PEG”) fee to allow for capital expenditures in furtherance of public access programming. The City imposed a PEG fee and as of April 30, 2018, has accumulated $340,906.74 for such expenditures. This amount should be more than enough to fund any potential capital expenditures in the near future, so staff recommends repealing the fee to save cable subscribers money. Staff will also work with Mediacom to come up with ways to utilize these funds in order to provide better public access programming. The attachment to this item is a red-lined amendment to Chapter 30 to show the drafted changes. Additional documentation attached.
Fiscal Impact: $95,000 reduction in annual revenue for capital expenditures for public access cable programming
Public Notice/Recording: n/a
3. Council Bill/General Ordinance 3029-2018
An Ordinance amending Chapter 4, “Alcoholic Liquor,” of the Moline Code of Ordinances, by repealing said chapter in its entirety and enacting in lieu thereof one new Chapter 4, “Alcoholic Liquor,” dealing with the same subject matter.
Explanation: Pursuant to various requests by local liquor licensees and potential license applicants, the Local Liquor Control Commissioner and City staff have reviewed possible changes to the City’s alcoholic liquor code. On review, the Commissioner and staff have determined that certain amendments to this code will help increase business in the City without compromising the safety and security of its residents and will improve certain existing licensing procedures. Additional changes have been made throughout the chapter for clarification and consistency.
The changes include but are not limited to the following; see the Council bill for a more concise summary of the amendments. Per Council’s request, a change has been made to Sec. 4-3202 to restrict the exception provision required for surrounding property owners’ consents to a liquor license application. Specifically, Sec. 4-3202(c) will provide that property owners’ consents are not required for a license renewal or a new application if the location premises has been licensed within 180 days prior to the application being made, as long as the license being renewed or sought is for the same license class held at the premises within the prior 180 days. A corresponding change has been made to Sec. 4-3207(a) to require the consents if a licensee wishes to change its license class. Section 4-3202(d) also adds a provision that a property owner’s consent shall be valid for one year unless the property owner submits a request to withdraw within 90 days of the signed consent or upon issuance of the liquor license, whichever occurs first.
Other changes include certain license option fee increases for consistency (Sec. 4-3208); for all license classes with on-premises consumption, the allowance of package sales of alcoholic liquor in sealed packages of 51 milliliters or larger for off-premises consumption; an exception to allow a salon to serve alcoholic liquor, without a liquor license, for consumption on its premises to customers receiving a paid salon service or services only (Sec. 4-3100); an amendment to include the State of Illinois requirements for Basset training for individuals who are employed as servers and/or bouncers by licensees with on-premises consumption (Sec. 4-3207); and enactment of a new Sec. 4-3315, “Class K Video Gaming Establishment License,” for a business whose principal business purpose is the operation of video gaming terminals. The intent of this new Class K license classification is 1) to define a video gaming establishment as an establishment other than a restaurant, tavern or club/fraternal or veterans organization, whose principal purpose is video gaming, and to allow video gaming establishments on a limited basis within the City while providing certain measures to protect the public health, safety and welfare; and 2) to promote local business by allowing a restaurant, tavern or club/fraternal or veterans organization with a liquor license to have a maximum of five video gaming terminals at its establishment as an incidental purpose to the establishment’s principal purpose of the sale of food or alcohol or to the club’s activity pursuant to its license.
Council reviewed this item at the 06/26/18 Committee-of-the-Whole meeting and made and approved certain motions to amend. The attachments to this item are a red-lined draft that contains those amendments on pages 11, 13 and 18 (see yellow highlights), and the Council bill that includes the full amended chapter in its final form. Additional documentation attached.
Fiscal Impact: n/a
Public Notice/Recording: n/a
4. Council Bill/Special Ordinance 4021-2018
A Special Ordinance authorizing the Mayor and City Clerk to execute an Agreement for Sale of Real Estate and do all things necessary to convey a portion of City-owned property at 731 23rd Street, Moline, to Gregorio and Virginia Ferreira.
Explanation: The property at 731 23rd Street, Moline, was acquired by the City due to Code compliance issues. The City demolished a dilapidated house on the property and eventually built a public road there to help with access in the neighborhood. 23rd Street is very narrow and steep and this road connection to the alley prevents drivers from having to turn around in 23rd Street. City staff has worked out a deal with the adjacent property owners, Gregorio and Virginia Ferreira, to sell approximately the north 30’ of this property to their adjacent property to the north. The Purchaser has agreed to a price of $3,000.00 pursuant to the terms of the attached Agreement for Sale of Real Estate. The Purchaser will obtain a survey acceptable to the City at their cost before closing. Additional documentation attached.
Fiscal Impact: $3,000.00 purchase price, reduced maintenance costs for the City, return to tax rolls
Public Notice/Recording: Deed and associated documents to be recorded at closing.
5. Council Bill/Special Ordinance 4024-2018
A Special Ordinance closing certain streets more particularly described herein to vehicular traffic; and authorizing the use of public right-of-way in conjunction with the Young & Wyld 5K, sponsored by Young Life Quad Cities, to be held on Saturday, August 18, 2018.
Explanation: This is an annual event, and the City’s Special Events Committee has reviewed and approved Young Life Quad Cities’ application for this year’s event to be held on Saturday, August 18, 2018. The estimated number of persons to attend is 225.
Fiscal Impact: n/a
Public Notice/Recording: n/a
Resolutions
6. Council Bill/Resolution 1096-2018
A Resolution authorizing the Mayor to execute an Inter-Governmental Agreement between the City of Moline and the Illinois Department of Human Services setting forth the terms for acceptance of a grant award to the police department in the sum of $5,830.
Explanation: The Illinois Department of Human Services has awarded the police department a grant in the sum of $5,830 to conduct a retail education and enforcement program with Moline tobacco retailers. The program provides for three compliance checks to be conducted during the term of the agreement, July 1, 2018 through June 30, 2019.
Fiscal Impact: Grant award of $5,830
Public Notice/Recording: n/a
7. Council Bill/Resolution 1097-2018
A Resolution authorizing the Mayor and City Clerk to execute an agreement between the City of Moline and the Board of Education of Moline School District 40 setting forth the terms for assignment of four police liaison officers to Moline schools for the 2018/2019 school year.
Explanation: Annual reimbursement agreement with respect to the four police officers assigned to Moline School District 40 during the 2018-2019 school year. The school district will reimburse forty percent of the salary and benefit costs for the officers assigned at Moline High School, the Alternative High School, and Wilson and John Deere Middle Schools.
Fiscal Impact: Reimbursement of $209,432.
Public Notice/Recording: n/a
8. Council Bill/Resolution 1098-2018
A Resolution authorizing the Director of Public Works to pay invoices related to engineering services for the North Slope Wastewater Plant Improvements Project with Strand Associates Inc., in the amount of $256,936.67 and authorizing the Director of Public Works to spend up to an additional $30,000.00 in support services for the first year of operation.
Explanation: In January of 2018, the Director of Public Works notified Council that engineering services with Strand Associates Inc. would be continuing for the final stages of the project and final engineering costs would be brought for approval when substantial completion was reached. Substantial completion was reached on April 30, 2018. In order to close out the project, staff is requesting authorization to pay invoices in the amount of $256,936.67 and to spend an additional amount up to $30,000.00 for support services for the first year of operation. Additional documentation is included.
Fiscal Impact: $200,000.00 budgeted in account #320-1838- 433.03-22 and $87,000.00 received from contractor closeout.
Public Notice/Recording: n/a
Omnibus Vote
Non - Consent Agenda
Resolutions-
9. Council Bill/Resolution 1099-2018
A Resolution authorizing the Mayor and City Clerk to accept a proposal from Streamline Architects for architectural and engineering services for the design and construction documents for the Captain’s Table restaurant.
Explanation: On May 14, 2018, the City issued a request for qualifications for architectural and engineering services for the construction of the Captain’s Table restaurant. All four responding firms were found to be qualified, and staff and the current Lessee chose to negotiate a contract for services with Streamline Architects. The proposal is for a fixed cost of $149,850 for design development, construction documents, and construction administration to complete the architectural design and construction documents of the new building. This amount includes preparation of all DNR submittals and parking lot design in addition to the new building design. Additional documentation attached.
Fiscal Impact: $149,850 as total cost of proposal
Public Notice/Recording: n/a
First Reading Ordinances-
10. Council Bill/General Ordinance 3030-2018
A General Ordinance amending Chapter 6 “Rights-Of-Way And Public Property Uses,” of the Moline Code of Ordinances, by enacting one new Article III, “Small Wireless Facilities Deployment;” and authorizing City staff to do all things necessary to effectuate this ordinance, including, but not limited to, the execution of master pole agreements and necessary supplements.
Explanation: Illinois State Senate Bill 1451, the Small Wireless Facilities Deployment Act, was signed into law with an effective date of June 1, 2018. The Act states that cities must adopt application fees, consistent with the Act, on or before August 1, 2018. The Act significantly restricts how the City can regulate small wireless facilities in its rights-of-way and in other locations in the City. Under the Act, facilities on utility poles in the City rightof-way are permitted uses, including power poles, traffic signal poles, and City owned streetlights. Small wireless facilities are also permitted uses in any zone that is exclusively commercial or industrial. Further, the Act limits the fees that a City can charge for permit review and for rent. This Ordinance establishes generally applicable standards consistent with the Act for the design, permitting, location, construction, deployment, regulation, operation, maintenance, repair and removal of small wireless facilities within the public rights-of-way and throughout the City. Additional documentation attached.
Fiscal Impact: Unknown at this time
Public Notice/Recording: n/a
11. Council Bill/General Ordinance 3031-2018
An Ordinance amending Chapter 20, “Motor Vehicles And Traffic,” of the Moline Code of Ordinances, Section 20-4503, “Duty Of Drivers Approaching A Three-Way Stop Intersection,” Appendix 4, “Three-Way Stop Intersections,” by installing a three-way stop intersection on 7th Street at 12th Avenue.
Explanation: The City received a request from the Butterworth Center and several neighbors to install a threeway stop intersection on 7th Street at 12th Avenue. Staff reviewed the traffic volumes and found that a three-way stop does meet warrants at this location. The Traffic Engineering Committee reviewed this request at the June 5, 2018 meeting and recommends approval of the request.
Fiscal Impact: n/a
Public Notice/Recording: n/a
12. Council Bill/Special Ordinance 4026-2018
A Special Ordinance authorizing the Mayor and City Clerk to execute a Lease Agreement between the City of Moline and Pretasky Roach Properties, LLC for the Marquis Marina and Captain’s Table property.
Explanation: The City and Pretasky Roach Properties, LLC have negotiated the terms of a new lease for the Marquis Marina and the Captain’s Table. The lease is for a 20-year term with no options. The terms include:
a) Marina Rent: 10% of dockage fee with half to the City and half to an escrow fund for dredging;
b)
c) Base rent of $34,000 per year plus:
- 2% of any gross sales over $1,500,000 to $2,000,000 plus
- 3% of any gross sales over $2,000,000;
d) Additional rent: $56,288 per year, which represents the estimated cost to finance the City’s construction costs that exceed the property insurance proceeds (based on $800,000 financed over 20 years at 3.5% interest);
e) The Lessee agrees to maintain a 4ft depth at harbor and docks;
f) The City will perform all of the construction work including finished floors and walls, the walk in coolers and hood, fixtures, and signage;
g) The Lessee will provide all inventory, furnishings and equipment;
h) Lessee will finance equipment through the City’s Revolving Loan Fund, to be applied for separately.
Additional documentation attached. Consideration Requested.
Fiscal Impact: Approximately $90,000 per year rent fees plus 10% dockage fee
Public Notice/Recording: n/a
Miscellaneous Business (if necessary)
Public Comment:
Members of the Public are permitted to speak after coming to the podium and stating their names.
Executive Session (if necessary)
http://www.moline.il.us/ArchiveCenter/ViewFile/Item/4935
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