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Moline City Council met June 2.

Here is the agenda provided by the council:

Call to Order

Pledge of Allegiance

Invocation – Alderman Williams 

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 & Financial Reports

Committee-of-the-Whole and Council meeting minutes of May 19, 2020, and the April financial report.

Omnibus Vote

Non - Consent Agenda Resolutions

1. Council Bill/Resolution 1064-2020

A Resolution amending Resolution No. 1037-2020 establishing certain practices and procedures for the City of Moline during the COVID-19 state of emergency.

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. Governor Pritzker subsequently issued an Executive Order encouraging social distancing to fight the spread of COVID-19. On March 24, 2020, in furtherance of the goal of social distancing, the City of Moline passed Resolution No. 1037-2020 establishing certain practices and procedures for the duration of Governor Pritzker’s state of emergency, which practices and procedures shall be in force and effect unless otherwise ordered by the Mayor, the Governor or federal authorities under their powers concerning emergencies. The City wishes to amend Resolution No. 1037-2020 to modify the temporary practices and procedures concerning non-payment of utility bills. This resolution will amend the resolution’s section titled “Service Fees for Utility Services” by adding a payment plan provision; specifically, the City will not impose late fees and will not execute shut-offs or disconnection of services for non-payment of invoices that are either due during the state of emergency period or issued during the state of emergency period provided that a minimum payment of $25 is remitted for the account along with an executed payment plan agreement. During this period of temporary practices and procedures, a tenant of a residential rental property may enter into the payment plan provided that a copy of the payment plan agreement and a notice of same is provided to the owner of the property for which the agreement has been executed. As is standard practice, the ultimate liability for payment of the utility services provided by the City will remain with the property owner.

Fiscal Impact: N/A 

Public Notice/Recording: N/A

2. Council Bill/Resolution 1065-2020

A Resolution approving the Declaration of a Local State of Emergency for the City of Moline in response to the COVID-19 pandemic.

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. Governor Pritzker has subsequently issued additional Executive Orders encouraging social distancing to fight the spread of COVID-19 and ordering the closure of certain facilities, businesses and operations as part of the effort to fight the spread of COVID-19. Section 2-3201 of the Moline Code of Ordinances provides for the declaration of a local civil emergency and the delegation of extraordinary powers to the Mayor for the purpose of responding to and mitigating the impacts of such emergency. Section 2-3201 further provides that a Mayor’s declaration of emergency shall be effective until the adjournment of the first regular meeting of the City Council following said declaration. It is the intent of the City Council for this resolution to approve and extend the declaration of a local emergency until it is repealed, for the purpose of responding to and mitigating the impacts of such emergency.

Fiscal Impact: N/A 

Public Notice/Recording: N/A

3. Council Bill/Resolution 1066-2020

A Resolution authorizing City of Moline Mayor Executive Order 2020- 05-22, instituting temporary regulatory relief for bars and restaurants due to the COVID-19 Public Health Emergency, be approved, affirmed and continued as per its terms; and establishing certain practices and procedures pursuant to Executive Order 2020-05-22 to temporarily amend and/or suspend restrictions on outdoor dining to assist licensees of bars and restaurants located within Moline during the period that the Illinois Northwest Region is in Phase 3 of the Restore Illinois Plan.

Explanation: On May 5, 2020, Illinois Governor J.B. Pritzker released the Restore Illinois Plan, a five-phase plan designed to adopt a public health approach to reopening the State’s economy based on medical data presented by the Illinois Department of Public Health (IDPH). Governor Pritzker subsequently announced that he intends to declare that the region in which the City is located will move to Phase 3 on May 29, 2020. In Phase 3, bars and restaurants will be allowed to open for outdoor table service in addition to their current curbside and takeout services, under restrictions issued by IDPH. On May 20, 2020, Governor Pritzker announced a revision to Phase 3 of the Restore Illinois Plan to permit greater operating opportunities for bars and restaurants, subject to adherence to public health regulations and safeguards recommended by the IDPH. Said announcement stated that municipalities are encouraged to help bars and restaurants expand their outdoor seating options. In support, on May 22, 2020, the Mayor issued Executive Order 2020-05-22 to institute temporary regulatory relief for bars and restaurants due to the COVID-19 public health emergency. This resolution will approve, affirm and continue the terms of the City of Moline Mayor Executive Order 2020-05-22 and establish certain practices and procedures pursuant to Executive Order 2020-05-22 to assist licensees of bars and restaurants located within Moline during the period that the Illinois Northwest Region is in Phase 3 of the Restore Illinois Plan.

Fiscal Impact: Increased revenues pursuant to greater operating opportunities for Moline bars and restaurants

Public Notice/Recording: N/A

4. Council Bill/Resolution 1067-2020

A Resolution authorizing approval of a proposed amendment (Substantial Amendment 2) to the City of Moline’s 2019 Annual Action Plan, Substantial Amendment 1, approved by Council Bill/Resolution No. 1140-2019, 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 2, upon the Department of Housing and Urban Development’s (HUD’s) approval of said Amendment 2.

Explanation: The City seeks to amend the 2019 Annual Action Plan (AAP), Substantial Amendment 1, approved by Council Bill/Resolution No. 1140-2019, by adding additional CDBG CARES Act funding and activities. As a CDBG-entitlement community, the City of Moline was awarded $478,057 under The Coronavirus Aid, Relief and Economic Security Act (CARES Act) to prevent, prepare for, and respond to the Coronavirus (COVID-19) pandemic. The proposed amendment includes the addition of ten new activities and additional CARES Act funding in the amount of $478,057 to the 2019 AAP.

A proposed statement of community development objectives and projected use of funds has been advertised. The projected use of funds reflects programs recommended by the Citizens Advisory Council on Urban Policy (CACUP), and they 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 publication and a five-day comment period (CARES Act waiver). CACUP also met on April 29, 2020, and recommends approval of these eligible CDBG activities. City staff requests that this item move forward as the related activities are time-sensitive and include benefits to summer school programs. Additional documentation attached.

Fiscal Impact: $478,057 additional CDBG (CARES Act) funding 

Public Notice/Recording: N/A

First Reading Ordinances

5. Council Bill/General Ordinance 3014-2020

An Ordinance amending Chapter 5, “AMUSEMENTS,” of the Moline Code of Ordinances, Section 5-1101, “LICENSE REQUIRED,” subsection (c), by enacting one new subsection (1), “Exception to limit requirements of subsection (c).”

Explanation: Section 5-1101 of the Moline Code of Ordinances defines a “Licensed Establishment,” in part, as any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises; further, the classes of City of Moline liquor licenses that are classified as Licensed Establishments and that are eligible for a video gaming terminal license are Class A, AA, B, D and K. In November, 2017, the City Council adopted General Ordinance No. 3043-2017 to limit the number of such Licensed Establishments due to an increasing number of requests for the establishments and various concerns expressed by the City’s residents as to the detriments of gambling. General Ordinance No. 3043-2017 enacted, and General Ordinance No. 3016-2019 amended, Section 5-1101(c) to limit the number of Licensed Establishments by providing that no more than 30 licenses shall be in existence at any time and no new licenses would be issued until the number of Licensed Establishments falls below 30.

In furtherance of the City Council’s goal to maintain a limited number of Licensed Establishments within the City and given the barring of license transfer from one person to another and from one premises to another, the City Council wishes to amend Section 5-1101(c) to allow a Class K Video Gaming Establishment liquor license holder to surrender its liquor license and companion video gaming terminal license in order to acquire a different Licensed Establishment that holds an existing Class A Restaurant, Class AA Restaurant-Beer & Wine Only, or Class B Tavern liquor license. The holder of the Class K Video Gaming Establishment liquor license and the video gaming terminal license must agree to surrender said licenses to the City as a condition of filing an application with the State of Illinois for a video gaming license at the licensee’s new Class A, Class AA or Class B Licensed Establishment. Upon approval by the State of Illinois of a new video gaming license at the newly-acquired Class A, Class AA or Class B Licensed Establishment, the licensee must: 1) physically surrender said Class K liquor license and companion video gaming terminal license to the City in exchange for the new City of Moline video gaming terminal license; and 2) cease all operations at the formerly Licensed Establishment prior to operating video gaming terminals within the newly-acquired Class A, Class AA or Class B Licensed Establishment. This amendment will apply only to the types and classes of licenses and establishments referenced herein. The attachment to this ordinance is a redline version of the proposed text amendment. Additional documentation attached.

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/6298