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Thursday, April 18, 2024

City of Moline City Council met November 19

Meeting 02

City of Moline City Council met Nov. 19.

Here is the agenda provided by the council:

Call to Order

Pledge of Allegiance

Invocation – Alderman Moyer

Roll Call

Public Hearing – 6:05 p.m.

Public Hearing for Business District Plan for the Proposed Marquis Harbor- West Business District

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 November 5, 2019, appointments made during Committee-of-the-Whole on November 19, 2019, and the October Financial Report.

Second Reading Ordinances

1. Council Bill/General Ordinance 3026-2019

An Ordinance amending Chapter 2, “ADMINISTRATION,” of the Moline Code of Ordinances, Sec. 2- 2400, “STAFF TRAFFIC COMMITTEE; COUNCIL REVIEW,” by repealing subsections (a) and (b) in their entirety and enacting in lieu thereof new subsections (a), (b) and (c) relating to the same subject matter; and amending Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, as follows: by repealing Sec. 20-2156, “PERSONS WITH DISABILITIES PARKING; RESIDENTIAL,” in its entirety and enacting in lieu thereof one new Sec. 20-2156, “DESIGNATED PARKING FOR PERSONS WITH DISABILITIES; RESIDENTIAL,” relating to the same subject matter; by repealing in its entirety Sec. 20-5124(b), referencing Appendix 24 as a listing of persons with disabilities parking spaces within the City, and consecutively renaming the remaining subsection of Sec. 20-5124 as subsection (b); and by repealing Appendix 24 in its entirety.

Explanation: City staff recommends amendments to the Moline Code of Ordinances to include members of staff who comprise the City’s Traffic Committee and to reflect the City’s formal procedure in administering requests for designated parking for persons with disabilities and requests for signage and barricades (other than for crosswalk location and traffic control devices requiring an engineering study and opinion letter under the Illinois Manual for Uniform Traffic Control Devices). The Traffic Committee will be comprised of the City Engineer, Public Works Director, Police Chief and Fire Chief, or designees thereof. The Committee may, upon application from a resident and where circumstances warrant, designate parking spaces on City streets in residential areas that are restricted to use by persons with a state-issued persons with disabilities parking permit; the designated parking space shall be in recognition of the need for such a space within the residential area, but shall not be for the sole use of one applicant. Upon approval of a designated parking space for persons with disabilities, the City shall be responsible for furnishing and installing signage to mark the space; other improvements for access to and from the designated space will be the responsibility of the applicant. All other requests relating to traffic, including but not limited to street parking regulations and pedestrian safety programs, shall be referred to the Traffic Committee for its recommendation, then to the City Council for a final determination. This ordinance will also delete Chapter 20’s Appendix 24 to remove the listing of spaces currently designated as persons with disabilities parking spaces because they are fluid and change.

This item appeared for first reading on October 22, 2019, as Council Bill 3027-2019, however, it was incorrectly numbered.

Fiscal impact: N/A 

Public Notice/Recording: N/A

2. Council Bill/General Ordinance 3028-2019

An Ordinance amending Chapter 4, “ALCOHOLIC LIQUOR,” of the Moline Code of Ordinances, by enacting one new Section 4-4110, “SALES OF SINGLE SERVING CONTAINERS OF ALCOHOLIC LIQUORS,” to regulate the retail sale of single serving containers of certain alcoholic liquors in their original packaging.

Explanation: In Chapter 4 of the Moline Code of Ordinances, “ALCOHOLIC LIQUOR,” the City has adopted ordinances and promulgated rules and regulations concerning the sale and possession of alcoholic liquors. In the exercise of its home rule powers, and to promote the health, safety and welfare of its residents, the City desires to amend the Code to restrict the retail sale of single serving containers of certain alcoholic liquors in their original packaging. The proposed ordinance lists the restricted sales by types of alcohol, single container minimums by volume (ounces and liters) and multiple purchase aggregate totals. The restricted sales will apply to any holder of a City of Moline Class A, AA, B, C, CC, CCC, D, E, F, FF, G, H or K liquor license. The Council bill includes revisions by Corporation Counsel pursuant to review and discussion following its first reading at the November 5, 2019 City Council meeting.

Fiscal impact: N/A 

Public Notice/Recording: N/A

3. Council Bill/General Ordinance 3029-2019

An Ordinance amending Chapter 21, “NUISANCES IN GENERAL,” of the Moline Code of Ordinances, by enacting one new Article III, “REGISTRATION OF VACANT PROPERTIES AND PROPERTIES WITH DEFAULTED MORTGAGES.”

Explanation: This item was presented and discussed at the 10/08/19 and 10/29/19 COW meetings, and the attached proposed ordinance amendment includes changes requested and/or approved by the City Council at those meetings. Those changes include the following:

 The definition of “registrable property” shall mean any property that is vacant for more than 90 days instead of 30 days. It also now includes a provision that exempts from registration a property owner or tenant of a property who has made arrangements to meet the maintenance requirements of Section 21-3106, and a provision that exempts a rental property that is already listed on a registry maintained by the City.

 The initial registration fee will be $150 instead of $300. The registration fee will increase by $100 for each subsequent semi-annual registration, i.e., the first renewal fee will be $250, the second renewal fee will be $350, and so on.

The following contains information also presented at the meetings:

The City wishes to expand upon its efforts to revitalize and stabilize its neighborhoods by adding a proactive process to address the deterioration, crime, and decline in value of Moline neighborhoods caused by vacant properties and properties with defaulted mortgages. By identifying these properties at an early stage, the City is in a better position to monitor and respond to any adverse consequences arising from the vacancy or economic circumstances leading to the foreclosure. The City has determined that owner-occupied structures are generally better maintained when compared to vacant structures, even with a diligent off-site property owner. Vacant structures or structures owned by individuals who are under economic stress and unable to meet their mortgage obligations are often not properly or diligently maintained; consequently, they contribute to blight and declining property values and have a negative impact on social perception of the areas where they are located. The City therefore intends to establish the property registry program for “registrable property,” as defined in the ordinance, as a mechanism to help protect Moline’s neighborhoods from becoming blighted through the lack of adequate maintenance of certain properties that are vacant, foreclosed and/or in default or defaulted, and to provide a mechanism to avert foreclosure actions through timely intervention, education, or counseling of property owners.

This ordinance amendment will provide for the implementation of the registry program and for the penalties and enforcement of its regulations by City staff and/or a contracted entity. Any property in violation may be deemed a public nuisance and is subject to the City’s actions to ensure compliance, which may include placement of a lien on the property.

Fiscal impact: Revenue generated by registration fee; anticipated decrease in future City enforcement costs pursuant to reduction of blighted properties.

Public Notice/Recording: Pamphlet Publication

Resolutions

4. Council Bill/Resolution 1140-2019

A Resolution authorizing approval of a proposed amendment (Substantial Amendment 1) to the City of Moline’s 2019 Annual Action Plan, approved by Council Bill/Resolution No. 1067-2019, for the purpose of program fund reallocation; and authorizing the Mayor to implement the program activity set forth in the City of Moline’s 2019 Annual Action Plan Substantial Amendment 1 upon the Department of Housing and Urban Development’s (HUD’s) approval of said Amendment 1.

Explanation: The City seeks to amend the 2019 Annual Action Plan (APP), approved by Council Bill/Resolution No. 1067-2019, by modifying the following activity allocations:

Community Housing Services (CHS) Program ($125,000) (ELIMINATE and REALLOCATE). CDBG funds will be used to assist income qualified homeowners with rehab projects. The proposed amendment will eliminate this activity and reallocate the remaining program funds to the 2018 Neighborhood Infrastructure Projects (NIP) activity.

2019 Neighborhood Infrastructure Projects (NIP) ($125,000) (ADDITIONAL / REALLOCATED FUNDING). CDBG funds will provide for the installation or extension of the useful life of streets, street drains, storm drains, curbs and gutters, tunnels, bridges, traffic lights/signs, landscaping, street lighting, and/or street signs that are part of more extensive street improvements; improvements to sidewalks; installation or replacement of water lines, sanitary sewers, storm sewers, and fire hydrants.

Total funds being transferred from the Community Housing Services Program to 2019 Neighborhood Infrastructure Projects (NIP) is $125,000. A proposed statement of community development objectives and projected use of funds has been advertised, and projected use of funds reflects programs recommended by Citizens Advisory Council on Urban Policy (CACUP) and are consistent with the local and national objectives of the Housing and Community Development Act of 1974. City staff drafted the plan amendments and completed the required publications, two public hearings and a 30-day comment period. CACUP also met on October 23, 2019, and recommends approval of the 2019 CDBG Annual Action Plan as amended. Additional documentation attached.

Fiscal Impact: $125,000 reallocation 

Public Notice/Recording: N/A

Omnibus Vote

Non - Consent Agenda

Second Reading Ordinances

5. Council Bill/General Ordinance 3030-2019

An Ordinance amending Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of Ordinances, Section 7-1109A, “DEER HUNTING,” by repealing subsections (1), (1)(a), (1)(f), and (2)(a)(2)(e) in their entirety and enacting in lieu thereof new subsections (1), (1)(a), (1)(f), and (2)(a)(2)(e) dealing with the same subject matter.

Explanation: Section 7-1109A concerns the hunting of deer within the City. These amendments update Section 7-1109A to 1) permit use of a crossbow as an accommodation for a documented disability; 2) establish that archery deer hunting will only be allowed on those specific dates annually designated as deer bow season by the Illinois Department of Natural Resources rather than requiring an annual decision by the City of Moline; and 3) require use of the City’s on-line portal to report all deer harvested to the Police Department.

Fiscal impact: N/A 

Public Notice/Recording: N/A

Resolutions

6. Council Bill/Resolution 1141-2019

A Resolution authorizing the Mayor and City Clerk to execute and attest to an agreement with USI Insurance for brokerage services for liability, property, workers’ compensation and cyber insurance for a period of one year commencing December 1, 2019; and authorizing the Human Resources Manager to execute any and all documents necessary to bind and accept coverage with Insurance Program Managers Group (“IPMG”) for liability, property and workers’ compensation insurance and with Lloyds of London for cyber insurance, all for a period of one year commencing December 1, 2019.

Explanation: USI Insurance is the current broker for the City’s liability, property, workers’ compensation and cyber insurance. They have submitted an agreement to the City to provide coverage from December 1, 2019, through November 30, 2020, in the amount of $877,901. The liability, property and workers’ compensation insurance packages are through Insurance Program Managers Group (“IPMG”) using the Illinois Counties Risk Management Trust (“ICRMT”) insurance pool, and the cyber insurance is through Lloyds of London. City staff was requested to review coverage levels, premiums and ancillary benefits offered by another insurance pool. The pool plan that was compared to Moline’s current coverage does not provide a policy to cover risk in several of Moline’s exposure categories. Garagekeepers liability, volunteer liability, liquor liability and liquor liability coverage for special events would have to be purchased separately for additional premiums. However, the other insurance pool did have better coverage for personal property of others, earthquakes, flood zones A and V, business income and direct damage from fungus. The other insurance pool would require a 31⁄2-year commitment and has provided rates for the first 11⁄2 years. IPMG’s proposal reflects an increase of $10,964 or 1.25% more than 2019 when costs are reviewed on an annualized basis, but the increase is reflective of a 27% increase in property values following comprehensive appraisals of all City properties. The workers’ compensation insurance cost decreased by $4,670, and the cyber insurance cost decreased by $3,585 due, in part, to the efforts of the City’s IT Department. Additional time was needed for a full and complete review of the alternate proposal provided on November 4, 2019, by the other insurance pool. Given USI Insurance’s agreement commencement date of December 1, 2019, staff requests consideration and timely execution of the agreement and corresponding documents to ensure proper insurance coverage is bound for the City on December 1, 2019. Additional documentation attached.

Fiscal Impact: $835,475 is budgeted in the Liability Fund; balance of $42,426 will come from reserves; Liability Fund reserves projected to be $5,737,197 as of 12/31/19

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/5932

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