City of Moline City Council met April 14.
Here is the agenda provided by the council:
Call to Order
Pledge of Allegiance
Invocation – Alderman Potter
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 April 7, 2020, and appointment made during Committee-of-the-Whole on April 14, 2020.
Resolutions
1. Council Bill/Resolution 1050-2020
A Resolution authorizing the Mayor and City Clerk to execute and attest to Addendum No. 1 to the Law Enforcement Services Agreement between the City of Moline and Universal Protection Service, LLC d/b/a Allied Universal Security Services, modifying the terms for assignment of uniformed police officers to the SouthPark Mall complex.
Explanation: In February 2020, the City of Moline and Universal Protection Service, LLC d/b/a Allied Universal Security Services (collectively, the “Parties”) entered into a Law Enforcement Services Agreement for the assignment of uniformed police officers to the SouthPark Mall complex (“Center”) for 2020. Per the agreement, an officer will be assigned to the Center for 44 hours per week at $55.51 per hour.
On March 9, 2020, the Governor of the State of Illinois issued a disaster proclamation declaring a state of emergency as a result of the spread of the COVID-19 virus. On March 20, 2020, the Governor issued an Executive Order that included the temporary closure of non-essential businesses and operations within the State through April 7, 2020. On April 1, 2020, the Governor extended that closure date to April 30, 2020.
The common areas of the Center have been closed as a result of the Executive Order and only a limited number of essential businesses and operations at this location remain open to serve customers via drive thru and carryout services. The Parties recognize that the intent of the Law Enforcement Agreement is compromised by the Governor’s issuance of the Executive Order and its extension, and the need for services from the City and the provision of services by the City were ceased on March 22, 2020. Allied Universal paid $31,750 to the City for the first quarter of 2020; per the terms of the agreement, said amount is also due in April, July and October of 2020. In recognition of the change in service as a result of the Executive Order, the City agrees to credit Allied Universal $2,442.31 against the future invoices. If, as anticipated, the Governor’s Order extends through April 7, 2020, the Parties agree to further deduct $4,884.62 from the amount otherwise due from Allied Universal to the City for the next quarterly payment. In the event that the Governor’s Order remains extended past April 7, 2020, the Parties will deduct $55.51 for each of the 44 hours of service per week that are not provided by the City.
Fiscal Impact:
| $2,442.31 credit to Allied Universal against future invoices |
| If the Executive Order extends through April 7, 2020 – $4,884.62 deduction to Allied Universal’s next quarterlypayment |
| If the Executive Order extends past April 7, 2020 – $55.51 per hour deduction for each of the 44 hours of service per week that are not provided by the City |
2. Council Bill/Resolution 1051-2020
A Resolution modifying the City of Moline’s personnel code temporarily to impose a moratorium on the hiring and promotion of personnel to the City of Moline pursuant to the COVID-19 pandemic state of emergency and its negative economic impacts.
Explanation: On March 9, 2020, J.B. Pritzker, Governor of the State of Illinois, issued a disaster proclamation declaring a state of emergency as a result of the spread of the COVID-19 virus. On March 12, 2020, Governor Pritzker issued an Executive Order encouraging social distancing to fight the spread of COVID-19. The COVID- 19 pandemic has negatively and dramatically harmed the global economy with immediate and long-term negative impacts upon the regional economy of the Quad Cities and, likewise, the anticipated revenues for the City of Moline. As part of its effort to steward its resources, the City of Moline is reviewing its operations to meet the challenges posed by the COVID-19 pandemic, including the damage to the economy and the anticipated shortfall in revenue. As part of that effort, the City desires to temporarily modify the personnel code of the City to impose a moratorium upon the hiring of any new employees, whether seasonal, part-time or full time; upon the promotion of any personnel; upon the posting of any new open positions; and upon the filling of any previously posted open position without the consent of the City Council. This temporary modification to the personnel code shall extend to all departments and commissions until repealed by the City Council.
Fiscal Impact: To be determined
Public Notice/Recording: N/A
Omnibus Vote
Non - Consent Agenda
Resolutions
3. Council Bill/Resolution 1052-2020
A Resolution establishing a City of Moline policy entitled Temporary Remote Attendance and Public Comment Policy pursuant to the COVID-19 pandemic state of emergency.
Explanation: Pursuant to the Open Meetings Act (“Act”), if a quorum of members of a public body are physically present, a majority of the public body may allow a member to attend the meeting by video or audio conference under certain conditions of the Act and in accordance with rules adopted by the public body. In addition, the Act permits any person an opportunity to address public officials under the rules established and recorded by the public body. J.B. Pritzker, Governor of the State of Illinois, declared all counties
in Illinois as a disaster area on March 9, 2020 (“Gubernatorial Disaster Proclamation”), due to the ongoing outbreak of COVID-19. On March 16, 2020, in order to increase social distancing in an effort to reduce the spread of COVID-19, Governor Pritzker issued Executive Order No. 2020-07, suspending the provisions of the Act that require or relate to in-person attendance by members of a public body during the Gubernatorial Disaster Proclamation. The City Council has previously adopted rules for the remote attendance of its members and the members of its subsidiary bodies, at Section 2-2200 of the Moline Code of Ordinances, that conform to the requirements of the Act. The Council desires to further adopt temporary remote attendance and public comment rules to facilitate access to public meetings while practicing social distancing in accordance with Executive Order No. 2020-07 and such further laws, regulations, and orders that may be implemented during the Gubernatorial Disaster Proclamation. This policy will be automatically repealed when the Gubernatorial Disaster Proclamation is terminated as to Rock Island County. The Council finds that this policy is in the best interest of the City and in the best interest of the public health, safety and welfare. Additional documentation attached.
Fiscal Impact: N/A Public Notice/Recording: N/A
First Reading Ordinances
4. Council Bill/General Ordinance 3012-2020
An Ordinance amending Chapter 22, “OFFENSES-MISCELLANEOUS,” of the Moline Code of Ordinances, Article I, by enacting one new Division 7 entitled “Registration of Certain Offenders.”
Explanation: The City of Moline is required to register sex offenders and violent offenders against youth pursuant to the Illinois Sex Offender Registration Act and the Illinois Murderer and Violent Offender Against Youth Act, respectively. The State of Illinois has imposed a registration fee for the registration of sex offenders and murderer and violent offenders against youth (“violent offenders against youth”), and the City desires to impose the state-sanctioned registration fees for said offenders. It is in the best interests of the health, safety and welfare of the residents of Moline to amend the Code of Ordinances to include language for registration of such offenders residing or temporarily domiciled within the City and to impose fees for the registration. The offenders must register with the Chief of Police or his designee.
Per the Acts, the City shall retain a portion of each sex offender registration fee and the full amount of each violent offender against youth registration fee. The City’s current number of registered sex offenders is 105 and its number of registered violent offenders against youth is twelve. To align with the Acts, this ordinance provides that the Chief of Police or his designee may waive an offender’s registration fee if it is determined that the offender is indigent and unable to pay the fee. The Chief of Police or his designee may also approve a payment plan. The following shows the City’s current number of registrants, the fee schedule, and a potential revenue amount based upon receipt of all initial registration fees:
| Offender Type | Registration Fee | % Retained by City | # of Current Registered Offenders | Total | Total City Revenue |
| Sex Offender | $100 | 35% | 105 | $10,500 | $3,675 |
| Murderer & Violent Offender Against Youth | $ 10 | 100% | 12 | $120 | $120 |
| $3,795 | |||||
| Sex Offender registration fee: $100 initial registration; $100 annual
Murderer & Violent Offender Against Youth registration fee: $20 initial registration; $10 annual | |||||
Public Notice/Recording: N/A
5. Council Bill/General Ordinance 3013-2020
An Ordinance amending Chapter 4, “ALCOHOLIC LIQUOR,” of the Moline Code of Ordinances, Section 4-4110, “SALES OF SINGLE SERVING CONTAINERS OF ALCOHOLIC LIQUORS,” to clarify that the regulation of retail sale of single serving containers of certain alcoholic liquors in their original packaging pertains to off-premises consumption.
Explanation: In November 2019, the City adopted General Ordinance No. 3028-2019 to enact a new Section 4-4110 to the Moline Code of Ordinances to restrict the retail sale of single serving containers of certain alcoholic liquors in their original packaging. Following implementation and review, City staff and Corporation Counsel have determined that Section 4-4110 should be amended to include language clarifying that the restrictions for retail sale referenced therein pertain to off-premises consumption. This ordinance will amend the introductory paragraph of Section 4-4110 by adding the words “for off-premises consumption;” the remainder of the section will be unchanged. To provide this updated information to liquor licensees at the earliest convenience, consideration of this item is requested. CONSIDERATION REQUESTED.
Fiscal Impact: N/A Public Notice/Recording: N/A
6. Council Bill/Special Ordinance 4006-2020
A Special Ordinance granting a temporary modification to Section 28-3200(a) and Section 35-4218 of the Moline Code of Ordinances to permanently waive the installation of sidewalks for property located along 36th Avenue Court, pursuant to an application submitted by Haversian Canal Systems, LLP (ORA Orthopedics), 510 Valley View Drive, Moline.
Explanation: At its March 24, 2020, Committee-of-the-Whole meeting, the City Council considered an application from Haversian Canal Systems, LLP (ORA Orthopedics), located at 510 Valley View Drive, for a temporary modification to delay installation of public sidewalks along 36th Avenue Court. Upon consideration of the application, the Council voted to approve the alternate option for permanent waiver and payment in lieu of sidewalk construction. This option would allow ORA to pay $35,696 to the City’s sidewalk improvement fund (sidewalk infill contracts), as opposed to installing the sidewalks at an estimated cost of $60,000 plus. ORA has responded to the City and informed staff that the COVID-19 economic slowdown is causing a major effect on its business, with clinical patient volumes at one-third of the previous volume. ORA has furloughed 210 of its 360 employees, and its physicians are being tasked in assisting the hospital systems with manner of care for patients during the COVID-19 pandemic. ORA requests a 12-month delay to pay the $35,696. Additional documentation attached.
Fiscal Impact: $35,696 to Account #510-9957-438.08-18, Sidewalk Infill Contracts 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. Comments may also be emailed to the City Clerk at jparr@moline.il.us prior to the meeting. Please type Public Comment in the Subject line.
Executive Session (if necessary)
http://www.moline.il.us/ArchiveCenter/ViewFile/Item/6213
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