City of Moline Committee of the Whole met Oct. 29.
Here is the minutes provided by the Committee:
Present: Mayor Stephanie Acri (Chair)
Alderman Scott Williams (Ward 1)
Alderman David Parker, Jr. (Ward 2)
Alderman Mike Wendt (Ward 3)
Alderman Richard “Dick” Potter (Ward 4)
Alderman Sam Moyer (Ward 5)
Alderman Kevin Schoonmaker (Ward 6) ~ left the meeting at 7:15 p.m.
Alderman Mike Waldron (Ward 7)
Alderman Sonia Berg (Alderman At-Large)
Absent: None.
Staff: J.D. Schulte, Public Works Director and Interim City Administrator
Janine Hollembaek Parr, City Clerk
Alison Fleming, Human Resources Manager
Lori Wilson, Parks Recreation Director
David Rowatt, Network and Database Administrator
Bryon Lear, Library Director
Darren Gault, Chief of Police
Jeff Snyder, Fire Chief
Scott Hinton, City Engineer
Carol Barnes, Finance Director
Jeff Anderson, City Planner
Dawn Cook, Police Administrative Assistant
Keith Verbeke, Finance Manager
K.J. Whitley, Community Development Program Manager
Randi Haley, Utility Billing and Customer Service Manager
Will Tolmie, Accounting Technician
Greg Johnson, Parks Operations Manager
Others: Derke Price, Ancel Glink
John Bell, Crime Stoppers Board Chairman
Matthew Harris
Lucian DeBatty
Dan Dolan
Mayor Acri called the meeting to order at 6:00 p.m. in Council Chambers.
Acknowledgement
Chief of Police Darren Gault’s acknowledgement of Crime Stoppers of the Quad Cities, John Bell, Board Chairman, Detective Jon Leach, Coordinator, and Dawn Cook, Administrative Assistant, for awards received at the 2019 National Crime Stoppers Convention.
Questions on the Agenda
There were no questions on the Agenda.
Agenda Items
1. A Resolution amending the current Revenue Reciprocal Agreement on Exchange of Information between the City of Moline and the Illinois Department of Revenue to update the City’s authorized personnel under the agreement. Carol Barnes, Finance Director, explained that this resolution will amend the current Reciprocal Agreement on Exchange of Information to update the names of employees needing access. This amendment must be approved to allow the City to continue receiving confidential sales tax information by its authorized personnel from the Illinois Department of Revenue. A motion was made by Alderman Parker to approve. Seconded by Alderman Berg. Motion passed unanimously.
2. A Resolution authorizing the Mayor and City Clerk to execute and attest to a Memorandum of Understanding between the City of Moline and the Moline-Coal Valley School District No. 40 regarding Notification of Exposure to Trauma. Darren Gault, Police Chief and Derke Price, Corporation Counsel, stated that the City of Moline and the Moline-Coal Valley School District No. 40 recognize that childhood exposure to violence and trauma, without the right supports, is often associated with increased risk of poor outcomes in emotional, behavioral and physical health over the life span. Children exposed to violence and trauma are also at a higher risk of poor school related outcomes and are more likely to enter the criminal justice system later in life, which can contribute to generational cycles of violence and system involvement. The Handle with Care project directly addresses the goal of mitigating these negative impacts of exposure to trauma when it does occur, by providing support and on-site, trauma focused interventions by school staff and/or mental health providers, if necessary, to children identified by local law enforcement and school personnel. This Memorandum of Understanding will focus on notification to the school system by the Moline Police Department when a child is exposed to trauma in the home or in the community to enable the child’s school to handle the child with care upon his or her arrival at school the next school day following the incident. Designated point persons within each school will disseminate the notification to appropriate individuals, provide identified students with a safe person and space to receive additional supports, determine a need for on-going counseling or other intervention, and maintain confidentiality of the student information. A motion was made by Alderman Berg to approve. Seconded by Alderman Wendt. Motion passed unanimously.
3. 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. Derke Price, Corporation Counsel, indicated that Section 7-1109A concerns the hunting of deer within the City. The proposed 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 within the City 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 review and decision by the City of Moline; and 3) require use of the City’s on-line portal, rather than various other means, to report all deer harvested to the Police Department. The attached is a redline version of the draft Section 7-1109A amendments. A motion was made by Alderman Wendt to approve. Seconded by Alderman Schoonmaker. Motion passed with Alderman Berg voting nay.
4. 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.” Derke Price, Corporation Counsel explained that this item was originally presented and discussed at the 10/08/19 COW meeting, and the attached draft ordinance amendment reflects changes requested by Council at that meeting. 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 presented at the 10/08/19 COW meeting:
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. 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. A motion was made by Alderman Wendt to approve. Seconded by Alderman Parker. Price indicated that, per the ordinance, properties being constructed or rehabbed are not considered vacant. Motion passed unanimously.
5. 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. Derke Price, Corporation Counsel, shared that 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 attachment to this item contains the proposed ordinance and a circular illustrating the types of alcohol, single container minimums, multiple purchase aggregate totals, and approximate minimum sales. A motion was made by Alderman Wendt to approve. Seconded by Alderman Parker. There was discussion. Motion passed unanimously.
Public Comment
Matthew Harris stated that he is pursuing a cannabis retailer’s license and provided a commentary on the history of marijuana in the country.
Lucian DeBatty, Dolan Commons, indicated that banning cannabis retailers will tie the hands of the Moline Police Department and support black market sales. Dan Dolan, Dolan Commons Developer, added that in the black market arena there is no testing of the products being sold, and there is no buyer age requirement. Mr. Dolan shared various other reasons to support the sale of cannabis at the Dolan Commons location in Moline.
Informational 1
Adult-Use Cannabis Request for Information. Derke Price, Corporation Counsel, explained that the State of Illinois has passed the Cannabis Regulation and Tax Act which presents the City of Moline with the choice of whether to permit adult-use cannabis businesses (including dispensaries, cultivation centers, craft growers, processors, infusers, and transporters) within the City limits or to “opt-out” and prohibit those businesses from locating. The City will make this choice through a zoning text amendment that will have to go through a public hearing before the Plan Commission and then come to the City Council, as an Ordinance, for final action.
Price stated that the purpose of this Informational presentation is to obtain direction from the City Council as to the nature of the text amendment you wish staff to prepare and take to the Plan Commission. As explained more fully below, the choices are as follows: 1) prohibit adult-use (aka “recreational” as opposed to “medical”) cannabis businesses; or 2) permit and control adult-use cannabis businesses (or a subset of them) with controls such as designated overlay zones, set back requirements, a limit on the number of such licenses, and additional advertising restrictions. Whether to prohibit the businesses entirely or not is pure policy making. This is Council’s decision as elected officials balancing the multitude of values, goals and priorities of the people you represent. Price represents communities that have chosen to permit the businesses and others that have decided to prohibit them, and he does not presume to make a recommendation on this matter. He noted, however, that as someone new to the Moline community—and after reading the responses to the RFI sent to the public and the industry—he is struck by the strategic advantage the location next to the Interstate and the new bridge offers. There is a booming sector called “cannabis tourism” and the Interstate offers that opportunity to essentially bring jobs and out-ofstate dollars into the community. But again, there are many other matters to consider.
Price noted that prohibiting cannabis dispensaries within City limits will not affect the personal use for adults 21 and older, or home cultivation (for medical cannabis patients) authorized under the Act. Additionally, the Act authorizes the City to impose a 3 percent tax on cannabis dispensaries (and only dispensaries), so any prohibitions and limits on cannabis dispensaries will limit possible City revenue. The other adult-use businesses (“craft growers”) will not generate tax revenue for the City directly, but will create jobs. Finally, state law allows the City to regulate the location of medical cannabis dispensaries and cultivation centers, but they may not be unreasonably prohibited, so most communities allow them to locate somewhere within the municipality. In order to provide a more complete picture of what permitting the businesses might look like, Price made the recommendations below about the zoning controls available to the City of Moline.
The City must decide which cannabis businesses will be allowed and what zoning approach will be used. Cannabis business types include recreational dispensaries, medical dispensaries, cultivation centers, medical cultivation centers, craft growers, processors (medical cannabis uses cannot be unreasonably prohibited), infusers and transporters. In all cases, Price recommended that the zoning would be in a form of a special use permit and the choices made on controls (such as overlay areas) would become the criteria for and conditions of such a permit.
Recommendation: to permit all of these businesses and leverage the City’s unique utility capacity, geographic location and transportation assets.
Alderman Wendt, seconded by Alderman Parker, moved to approve the recommendation. There was discussion. Alderman Berg moved to table the discussion pending additional information from Corporation Counsel. Motion was not considered for lack of second. The original motion carried on roll call with the following vote: ayes: Aldermen Wendt, Potter, Moyer, Berg and Parker. Nays: Aldermen Schoonmaker, Waldron and Williams.
Recommendation: permit dispensaries and limit the number to two. and that the zoning overlay for dispensaries would exclude large areas of the City and permit the dispensaries to locate only out on John Deere Road and on particular stretches of Avenue of the Cities. These areas will be easily accessible from the Interstate but the dispensaries would not be what welcomes visitors to town. The hope is that by locating them in these areas, they would drive traffic to other businesses (studies show that restaurants, fueling stations, and other tourism businesses receive collateral benefits). A motion was made by Alderman Wendt to approve. Seconded by
Alderman Williams. There was discussion. Motion passed with Aldermen Waldron and Schoonmaker voting nay.
Recommendation: Cultivation Centers are water customers and bring jobs. The City has industrial areas and old big-box stores that have the potential to lure these businesses and would be zoned as such. Districts B4, I1, I2. Alderman Wendt, seconded by Alderman Potter, moved to approve the recommendation. There was discussion. The number of cultivation centers would not be restricted within the City. Chief Gault indicated that regulation of the business is of utmost importance. It was discussed that making the business “invisible”, through regulation, traffic flow, parking, landscaping and signage, would be a benefit to the City. Motion passed with Aldermen Waldron and Schoonmaker voting nay.
Recommendation: Craft Growers are water customers and bring jobs. The operation by definition is smaller so industrial and business areas would again be appropriate. NOTE: they do have the potential to have a dispensary added to them—but that could be controlled by the overall number of dispensaries the City allows. Districts: B4, I1, I2. There was discussion. Alderman Wendt, seconded by Alderman Parker, moved to approve. Motion passed with Aldermen Waldron, Schoonmaker and Moyer voting nay.
Recommendation: Processors, Infusers, Transporters – Moline’s strategic location will also attract these industrial users and their jobs. They should be treated like other industries. Districts: I1, I2. Alderman Parker, seconded by Alderman Berg, moved to approve. Motion passed with Aldermen Waldron, Schoonmaker and Moyer voting nay.
State law prohibits a dispensary from locating within 1,500 feet of the property line of a preexisting dispensary and prohibits craft growers from locating within 1,500 feet of the property line of a preexisting craft grower or cultivation center. However, the City is also authorized to impose distance limits between dispensaries and other sensitive places. The City can define “sensitive places” to include schools, child care facilities, parks and other uses.
Recommendation: the City should carefully define its sensitive places, and set an appropriate buffer (e.g. 250 feet, 500 feet, or some other distance) that reduces land use conflicts without overly restricting possible locations. Alderman Wendt, seconded by Alderman Berg, moved to approve and move the discussion on to Plan Commission for a recommendation to Council. Motion passed with Alderman Waldron voting nay.
The City is authorized to limit the number of such businesses. Price’s recommendation is to limit dispensaries to two (one on Avenue of the Cities and one off of John Deere Road). It is not clear that the City has the power to limit hours of operation. Chief Gault provided information on the hours from his perspective. Price’s recommendation is to abide by the state hours.
Recommendation: that the City require review of all of the following as part of the Special Use permitting process: traffic study, odor control plan, security plan and plan for cannabis waste. Alderman Parker, seconded by Alderman Potter, moved to approve. Alderman Wendt moved that the size of facility and lobby be reviewed as well. Seconded by Alderman Berg. Motion passed unanimously. The amended motion passed unanimously.
The law grants the City broad authority to regulate on-site consumption in a cannabis business. On-site consumption is uncommon in most states and invites controversy due to odor from cannabis plants and smoke; the lack of “dram shop” insurance for such uses; and the undermining of clean indoor air laws. While first-tomarket communities that allow so-called cannabis lounges may experience increased tourism and economic benefits, it is expected that on-site consumption will be slow to develop in many communities.
Recommendation: Corporation Counsel does NOT recommend that the City allow on-site consumption at cannabis businesses (aka “cannabis lounges”). Alderman Potter, seconded by Alderman Parker, moved to approve. Public consumption of cannabis, in any form, would be prohibited in public. Motion passed unanimously.
In addition, to random inspections allowed by state law, the City is authorized to conduct inspections when there is reasonable cause of a violation. Counsel recommends adopting ordinances highlighting these powers and imposing local fines and penalties.
Recommendation: that the City impose a local tax on the operation of a cannabis dispensary at the full 3 percent limit. Alderman Berg, seconded by Alderman Potter, moved to approve. Price confirmed that the City is restricted to the 3 percent tax benefit. Motion passed unanimously.
Price will facilitate Plan Commission discussion and recommendations, with templates to aid in this work, and indicated that Plan Commission’s recommendation is expected to return to Council in February.
Informational 2
Draft 2020 Budget. J.D. Schulte, Interim City Administrator and Director of Public Works, presented an overview of the Draft 2020 Budget, Exhibit B attached. The budget will be discussed during work sessions on November 5, 2019, and November 19, 2019. An Excel version of the budget will be emailed to Council as well. Finance Director Carol Barnes provided a budget binder for each Council member and explained the contents of the various sections. Alderman Berg requested that staff increase the size of the font used on pages 2 and 3. Staff will email new pages.
The meeting adjourned at 8:52 p.m.
https://www.moline.il.us/ArchiveCenter/ViewFile/Item/5960
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