Moline City Council met March 5.
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 February 26, 2019.
Second Reading Ordinances
1. Council Bill/General Ordinance 3002-2019
An Ordinance amending Chapter 35, “ZONING AND LAND DEVELOPMENT,” of the Moline Code of Ordinances, Section 35-3419, “GROUP DEVELOPMENTS,” subsection (a), “DEFINITION,” by enacting three new subsections (3), (4), and (5); and amending subsection (c) “SPECIAL USE REGULATIONS,” by repealing subsection (5) in its entirety and enacting in lieu thereof one new subsection (5) dealing with the same subject matter; by amending Section 35-5100, “OFF-STREET PARKING AND TRAFFIC CIRCULATION STANDARDS,” subsection (h)(3), “Minimum Off-Street Parking Requirements for Land Uses,” by repealing subsection (b) in its entirety and enacting in lieu thereof one new subsection (b) dealing with the same subject matter; and by amending Section 35-3401, “REGULATION OF ALLOWED USES,” Table 35-3401.1, “Permitted Land Uses,” by deleting the “P” designation under “Central Business (B-2)” and inserting in lieu thereof an “S” designation for the following types of land use: “Principal Transportation & Utility Land Uses (Sec. 35-3409),” subsection (b), “Parking, Offsite,” and “General Accessory Land Uses (Sec. 35-3417),” subsection (g), “On-Site Parking.”
Explanation: The City Council directed City staff to prepare an amendment to the Zoning Code whereby a Special Use Permit would be required in order to develop a new surface parking area or parking structure. To this end, staff drafted proposed language for a text amendment of the Zoning Code, which was reviewed and considered by the Plan Commission at its regularly scheduled meeting held on Wednesday, January 23, 2019. The proposed amendment also contains a provision whereby the demolition of a structure within the B-2 Zoning District for purposes of establishing a new parking area or otherwise, would also require the approval of a Special Use Permit. The Plan Commission unanimously recommended approval of the amendment.
Fiscal Impact: N/A
Public Notice/Recording: N/A
2. Council Bill/General Ordinance 3003-2019
An Ordinance amending Chapter 28, “STREETS AND SIDEWALKS,” of the Moline Code of Ordinances, Section 28-2108, “DUMPSTERS,” by repealing said section in its entirety and enacting in lieu thereof one new Section 28-2108, “DUMPSTERS AND REFUSE CONTAINERS,” dealing with the same subject matter and “DIVISION 3. PERMITS,” Section 28-2300, “WHEN REQUIRED,” by repealing said section in its entirety and enacting in lieu thereof one new Section 28-2300 dealing with the same subject matter.
Explanation: Chapter 28 of the Moline Code of Ordinances was amended in 2004 to require that, among other things, the owner of a dumpster was required to acquire a permit from the building division prior to placing the dumpster in the public right-of-way. The dumpster companies found this permitting process to be onerous and burdensome and chose to not deliver dumpsters in Moline rather than acquire a permit for every dumpster. As such, that Code requirement was not enforced and dumpsters continued to be available to residents and property owners who needed to place them in the right-of-way. City staff proposes to revise the Code to require an annual, $200 licensing agreement to use the public right-of-way in lieu of a permit for each dumpster placement. The licensing agreement will include insurance and indemnification requirements to protect the City. The current dumpster safety requirements will remain as protective measures to the traveling public.
Fiscal Impact: N/A
Public Notice/Recording: N/A
3. Council Bill/General Ordinance 3004-2019
An Ordinance amending Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 10 thereof, “PARKING PROHIBITED AT ANY TIME,” by including Forty-sixth Avenue Drive, on the south side, from 430 feet east of Fifty-third Street to 880 feet east of Fifty-third Street.
Explanation: Staff received a request to prohibit parking on the south side of 46th Avenue Drive in front of Heritage Woods. At the February 5, 2019, Traffic Engineering Committee meeting, the Committee reviewed the request and recommends approval.
Fiscal Impact: N/A
Public Notice/Recording: N/A
Resolutions
4. Council Bill/Resolution 1016-2019
A Resolution authorizing the Mayor and City Clerk to accept one (1) Permanent Utility and Drainage Easement, more particularly described herein to allow construction to proceed on Project #1308, 27th Avenue Reconstruction, East of 16th Street.
Explanation: A Permanent Utility and Drainage Easement from Alan R. Shattuck and Paula M. Shattuck at 1710 27th Avenue is necessary to allow construction to proceed on Project #1308, 27th Avenue Reconstruction, East of 16th Street. Additional documentation attached.
Fiscal Impact: Rock Island County Recording Costs Public Notice/Recording: Engineering Division will record
5. Council Bill/Resolution 1017-2019
A Resolution accepting an invitation from Mayor Michael Christ of Verbandsgemeinde Asbach, Germany, to enter into a “Town Twinning” agreement with the municipality of Verbandsgemeinde Asbach.
Explanation: In 2017, Deere & Company acquired Wirtgen Group, a manufacturer of road construction equipment in Germany, Brazil, China, and India, and Wirtgen Group’s products complement Deere’s line of products. The Wirtgen Group headquarters are located in Windhagen, which is part of the collective municipality of Verbandsgemeinde Asbach, Germany. The CEO of Wirtgen Group, Domenic Ruccolo, comes from Moline and supports a partnership between the two municipalities. The City Council believes a close relationship between Moline and Verbandsgemeinde Asbach would be mutually beneficial. A summary of the proposed agreement is attached. Additional documentation attached.
Fiscal Impact: N/A Public Notice/Recording: N/A
6. Council Bill/Resolution 1018-2019
A Resolution authorizing the IT Manager to purchase three (3) Hewlett Packard ProLiant Enterprise DL360 G9 Servers from SHI International Corp. at a cost of $38,569.35.
Explanation: The City’s three VMware servers are now nearing end of life (purchased 2011) and need to be replaced with newer hardware. The IT Manager sought quotes for new, certified and refurbished hardware. Five quotes were received and are summarized below. SHI International Corp. was selected for submitting the best quote for the value and price-point of the hardware being sold. City staff recommends purchase of three HPE DL360 G9 Servers from SHI International Corp. at a cost of $38,569.35. Additional documentation attached.
Fiscal Impact: $38,569.35; funds budgeted in account #443-0425-417.07-02
Public Notice/Recording: N/A
Omnibus Vote
Non - Consent Agenda
Resolutions
7. Council Bill/Resolution 1019-2019
A Resolution authorizing the Mayor and City Clerk to execute a contract with Robert K. Bush to study the option of hiring an independent contractor to provide legal services to the City of Moline that includes soliciting independent contractor proposals, evaluating proposals and providing recommendations to the City Council.
Explanation: To facilitate flexibility and efficiency to provide for the manner by which legal services are supplied for the City. The study proposal from Rob Bush is attached. Additional documentation attached.
Fiscal Impact: Not to exceed $10,000, plus expenses
Public Notice/Recording: N/A
8. Council Bill/Resolution 1020-2019
A Resolution authorizing the Mayor and City Clerk to execute an Agreement to Dissolve Consolidated Public Safety Communications Agreement between the cities of Moline and East Moline; and authorizing City staff to do all things necessary to complete the responsibilities of the City of Moline pursuant to the terms of the dissolving Agreement.
Explanation: The cities of Moline and East Moline have successfully operated a consolidated public safety communications center (the “Center”) for approximately twenty years pursuant to an agreement between the parties dated March 17, 1998, and an amended agreement dated March 12, 2008.
Public Act 99-0006 amended the Emergency Telephone Systems Act to consolidate and upgrade 9-1-1 systems. As a result of the Act, the number of Public Safety Answering Points (“PSAPs”) in a county must be reduced, and Moline and East Moline have consolidated dispatch operations with the
Village of Milan and the City of Silvis, operating as QComm911 since January 1, 2019. The Center Board voted at its February meeting to dissolve
the Center operations and dispose of any remaining matters. Moline and East Moline seek to terminate the March 12, 2008 agreement and resolve any outstanding matters between them arising from the Center’s operation, including the disposal of remaining property of the Center; said property shall be declared as surplus and disposed of by Moline in the manner most advantageous to the parties. Moline will remit to East Moline 40% of the proceeds from the surplus property disposal, which represents the last cost split (60/40) for the operation of the Center. Additional documentation attached.
Fiscal Impact: 60% of proceeds from surplus property disposal
Public Notice/Recording: N/A
9. Council Bill/Resolution 1021-2019
A Resolution authorizing the Mayor and City Clerk to execute, on behalf of the City of Moline, a release of mortgage for the Reliance Building Development Project located at 1514 - 1518 5th Avenue, Moline.
Explanation: Approval of this Resolution will authorize the Mayor and City Clerk to execute the following document pursuant to a Redevelopment Agreement for the Reliance Building Development Project between the City of Moline, SJS Capital Group Inc. and Perry Stewart: Release of Mortgage for Atkinson’s Addition Lot 2 and E. 40’ of Lot 3.Block 3 (recorded Document No. 2004-15065.) Additional documentation attached.
Fiscal Impact: Release of this mortgage will spur development Public Notice/Recording: N/A
First Reading Ordinances
10. Council Bill/General Ordinance 3005-2019
An Ordinance amending Chapter 9, “BODY ART CODE,” of the Moline Code of Ordinances, by amending its title to “BODY ART AND MASSAGE CODE,” and by enacting one new Article VI, entitled “MASSAGE ESTABLISHMENTS.”
Explanation: Illicit massage establishments can act as fronts for human trafficking. Law enforcement can be denied entry when seeking to investigate due to the lack of a municipal ordinance governing massage establishments. To facilitate better enforcement and to crack down on suspected sex traffickers, massage establishments located in the City of Moline will be required to be licensed and comply with the new Article VI of the Body Art and Massage Code. The licensing fee for a massage establishment license will be $50 per year.
Fiscal Impact: $50 per massage establishment annually
Public Notice/Recording: N/A
11. Council Bill/General Ordinance 3006-2019
An Ordinance amending Chapter 22, “OFFENSES – MISCELLANEOUS,” of the Moline Code of Ordinances, Section 22-4100, “UNLAWFUL USE OF WEAPONS,” by repealing subsection (a)(3) in its entirety and enacting in lieu thereof one new subsection (a)(3) dealing with the same subject matter.
Explanation: Section 22-4100(a)(3) of the Code prohibits a person from knowingly possessing or carrying a switchblade knife on any public property or public right of way within the City. A switchblade knife, also known as an automatic knife, is defined by the Code as having a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. Public Act 100-0082, effective August 11, 2017, amended the Criminal Code of 2012 to provide an exemption from the prohibition on sale, manufacture, purchase, possession or carrying of a switchblade knife to a person who possesses a currently valid Firearms Owner’s Identification Card (FOID) previously issued in said person’s name by the Department of State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives. Amending Section 22-4100(a)(3) to allow a person to possess or carry a switchblade knife on public property or public right of way if said person possesses a valid FOID card will mirror the State’s amendment. The attachment to this item is a redline version of Section 22-4100(a)(3) to show proposed changes. Additional documentation attached.
Fiscal impact: N/A Public Notice/Recording: N/A
12. Council Bill/General Ordinance 3007-2019
An Ordinance amending Chapter 35, “ZONING AND LAND DEVELOPMENT,” of the Moline Code of Ordinances, Sec. 35-3108, by enacting one new subsection (b), “ESTABLISHED FRONT YARD SETBACK EXCEPTION,” and renaming the current subsection (b) as subsection (c).
Explanation: Properties developed before 1991 within residential districts may not meet the current front setback requirements of 25’. Additions to these properties and/or new infill construction within the 25’ front yard setback are currently prohibited. Consequently, new houses could have a different setback than adjacent or neighboring structures, negatively affecting the cohesive appearance of the block face. The proposed amendment will permit for a front setback less than the required 25’ if it matches 40% of the existing setbacks of the block face with five or more lots. If there is no consistency among the block face, the average of the front setback can be used.
Fiscal Impact: N/A
Public Notice/Recording: Public hearing was held during the January 23, 2019 Planning Commission Meeting
13. Council Bill/General Ordinance 3008-2019
An Ordinance amending Chapter 2, “ADMINISTRATION,” of the Moline Code of Ordinances, by repealing Section 2-3203, “CITY ATTORNEY,” in its entirety and enacting in lieu thereof one new Section 2-3203, “CORPORATION COUNSEL,” dealing with the same subject matter; and establishing that any reference of “city attorney” in the Moline Code of Ordinances shall have the same meaning as the term “corporation counsel.”
Explanation: To facilitate flexibility and efficiency to provide for the manner by which legal services are provided for the City, the City Council will amend the Administration Code, Chapter 2, of the Moline Code of Ordinances. To this end, the proposed language for an amendment of the Administration Code will allow for a full-time City employee or an outside attorney or law firm to act as counsel for the City. If the corporation counsel is not a full-time City employee, the position shall be considered an independent contractor.
Fiscal Impact: To be determined Public Notice/Recording: N/A
14. Council Bill/Resolution 4007-2019
A Resolution repealing Special Ordinance No. 804 establishing a policy governing special events in the City of Moline, Illinois, and formation of a special event committee; and authorizing the establishment of a new special event policy.
Explanation: The public health, safety, and welfare of the residents of Moline require the regulation of special events within the City. Accordingly, special events involving the use of City streets, parking lots, and other City owned properties, as well as City staff support, may be permitted in the City only upon approval of the Special Event Committee and/or Mayor and City Council. Special Ordinance No. 804 establishing a policy governing special events in the City and the formation of a special event committee was adopted March 1997, and the policy is outdated. The Special Event Committee seeks Council approval of a new special event policy detailing guidelines and processes to aid event coordinators wishing to hold events within the City. Additional documentation attached.
Fiscal Impact: N/A Public Notice/Recording: N/A
15. Council Bill/Special Ordinance 4008-2019
A Special Ordinance authorizing the Mayor and City Clerk to execute an Assignment of Development Agreement between the City of Moline and SJS Capital Group Inc. for the Reliance Building Development Project located at 1514 - 1518 5th Avenue, Moline, to Reliance Capital, LLC.
Explanation: The City of Moline entered into a development agreement with SJS Capital Group Inc. (Developer) for the Reliance Building Redevelopment Project on December 30, 2003. The Developer is in the process of selling the Project with a purchase date of March 15, 2019, and seeks to assign its rights to the Development Agreement to the new buyer, Reliance Capital, LLC. Under the terms of the Development Agreement, the City must provide written consent to an assignment of the Development Agreement by the Developer for the project located at 1514 - 1518 5th Avenue, Moline. Additional documentation attached. CONSIDERATION REQUESTED due to the pending sale of the property.
Fiscal Impact: N/A 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/5402
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