05-21-2013 council agenda

MOLINE CITY COUNCIL AGENDA Tuesday, May 21, 2013

6:30 p.m. (immediately following the Committee-of-the-Whole meeting)

City Hall Council Chambers – 2nd Floor

619 16th Street Moline, IL

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CONSENT AGENDA All items under the consent agenda are considered to be routine in nature and will be enacted by one motion. There will be no separate discussions of these items unless a council member so requests, in which event the item will be removed from the consent agenda and considered as the first item after approval of the consent agenda.

APPROVAL OF MINUTES Committee-of-the-Whole and Council meeting minutes of May 14, 2013 and April Financial Report.

SECOND READING ORDINANCES 1. Council Bill/General Ordinance 3007-2013

An Ordinance amending Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by removing 27th Street, 7th Avenue to 19th Street, northbound.

EXPLANATION: Traffic Committee reviewed request and recommends approval.

FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: Pamphlet Publication

2. Council Bill/General Ordinance 3008-2013 An Ordinance amending Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by including 47th Avenue, 48th Street A to 53rd Street.


FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: Pamphlet Publication

3. Council Bill/General Ordinance 3009-2013 An Ordinance amending Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by removing 53rd Street, John Deere Road to 23rd Avenue.

COUNCIL MEMBER

PRESENT

ABSENT

Knaack Parker Raes Brown Turner Schoonmaker Liddell Acri Mayor Raes


FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: N/A

4. Council Bill/General Ordinance 3010-2013 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 42nd Street, on the east side, between 10th and 11th Avenues.



5. Council Bill/Special Ordinance 4018-2013 A Special Ordinance amending the annual Council and Committee Meetings Schedule for 2013.

EXPLANATION: The Citizens Advisory Council on Urban Policy deemed it necessary to change the meeting dates.

FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: Media notification

RESOLUTIONS 6. Council Bill/Resolution 1073-2013

A Resolution authorizing the Mayor and City Clerk to execute a Jurisdictional Transfer Agreement with the Illinois Department of Transportation to accept jurisdiction of local streets constructed as part of the John Deere Road Widening Project.

EXPLANATION: The Illinois Department of Transportation (IDOT) will improve existing and construct new local streets as part of the John Deere Road widening project. This Agreement defines responsibilities, establishes cost sharing amounts, and transfers jurisdictional control of the ROW, ownership of the pavement, and all future maintenance responsibilities of the new local streets to Moline. Moline’s share of the $12.6 million project is estimated to be $238,930.00.


7. Council Bill/Resolution 1074-2013 A Resolution authorizing the addition of 41st Drive Connector and 41st Avenue Drive to the City of Moline’s Street System pursuant to a jurisdictional transfer agreement with the Illinois Department of Transportation.

EXPLANATION: The Illinois Department of Transportation (IDOT) will construct two new local streets in IDOT-controlled right-of-way (ROW) as part of the John Deere Road widening project. The streets have been designated as 41st Drive Connector and 41st Avenue Drive. IDOT will transfer jurisdiction of the local streets to the City of Moline 21 days after the construction in complete and all work passes IDOT’s final inspection. As part of the jurisdictional transfer agreement, IDOT requires that the City of Moline pass a Resolution formally adding 41st Drive Connector and 41st Avenue Drive to the City’s public street system.

FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: Transmit two certified copies of this Resolution to the State of Illinois through its Region 2, District 2 office at Dixon, Illinois.

8. Council Bill/Resolution 1075-2013

A Resolution authorizing approval of the plans and specifications as proposed by the State of Illinois, Department of Transportation, for a joint City-State improvement of Illinois Route 5 (John Deere Expressway) from 38th Street to a point located approximately 0.01 miles west of 38th Street, FAP Route 595, State Section (142-1) R-1 & 142-1 HB, in the City of Moline, Rock Island County, Illinois.

EXPLANATION: Since a portion of the John Deere Road Widening Project will be added to the City of Moline’s street system after completion of the project, the Illinois Department of Transportation (IDOT) requires that the City of Moline pass a Resolution formally approving IDOT’s plans and specifications for the work.

FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: Transmit two certified copies of this Resolution to the State of Illinois through its Region 2, District 2 office at Dixon, Illinois.

9. Council Bill/Resolution 1076-2013 A Resolution authorizing approval of a Resolution for Improvement by Municipality under the Illinois Highway Code for Motor Fuel Tax Section 13-00255-00-PV, John Deere Road Widening for the amount of $238,930.00.

EXPLANATION: A Resolution for Improvement is necessary to use MFT funds for the City of Moline’s portion IDOT’s John Deere Road Widening project.

FISCAL IMPACT: $238,930.00 will be included in the 2014 CIP and the 2014 budget in Account #220-9835-436.08-10, MFT, for this project. PUBLIC NOTICE/RECORDING: N/A

10. Council Bill/Resolution 1077-2013

A Resolution authorizing approval of an agreement for Professional Services with Missman, Inc. for Motor Fuel Tax Section 12-00254-00-RS, 12th Avenue, 19th to 34th Streets.

EXPLANATION: The Engineering Division is unable to provide construction inspection services for the 12th Avenue resurfacing project due to staffing vacancies. Missman, Inc. proposes to provide this service at standard hourly rates for the not-to-exceed price of $85,350.00. Missman will staff the project with IDOT-approved inspectors who have received all appropriate IDOT training and hold current certifications.

FISCAL IMPACT: Funds are not budgeted, but sufficient CIP Reserves are available. PUBLIC NOTICE/RECORDING: N/A

11. Council Bill/Resolution 1078-2013 A Resolution authorizing approval of an Agreement for Professional Services with Missman, Inc. for Motor Fuel Tax Section 12-00253-00-RS, Avenue of the Cities, 41st to 43rd Streets.

EXPLANATION: The Engineering Division is unable to provide construction inspection services for the Avenue of the Cities resurfacing project due to staffing vacancies. Missman, Inc. proposes to provide this service at standard hourly rates for the not-to-exceed price of $60,930.00. Missman will staff the project with IDOT-approved inspectors who have received all appropriate IDOT training and hold current certifications.

FISCAL IMPACT: Funds are not budgeted, but sufficient CIP Reserves are available. PUBLIC NOTICE/RECORDING: N/A

12. Council Bill/Resolution 1079-2013 A Resolution authorizing the Mayor and City Clerk to execute a Real Estate Purchase Agreement with Rollin McAdam for a portion of property located at Lot 18 of the Oak Hills Addition for a purchase price of $5,000. EXPLANATION: The City of Moline has agreed to terms with Rollin McAdam and his wife to purchase a portion of Lot 18 of Oak Hills Addition. The City has agreed to pay $5,000 for the parcel and will generate all sales and closing documents. The City, in addition, will pay all of the taxes for 2013. The taxes will not be pro-rated. FISCAL IMPACT: Funds are not budgeted, but sufficient CIP Reserves are available. PUBLIC NOTICE/RECORDING: N/A

13. Council Bill/Resolution 1080-2013 A Resolution authorizing approval of a Sole Source Purchase from Conklin Sales for 5th Avenue Streetscaping Amenities in the amount of $30,222.00.

EXPLANATION: The 5th Avenue Streetscaping Plan approved by Council several years ago is being incorporated into the 5th Ave reconstruction projects. Among the streetscaping items to be included in this year’s project are 11 planters, 11 benches, and 5 trash receptacles that will match similar items installed on previous 5th Avenue projects. Conklin Sales from Sterling, IL supplied the amenities for the previous projects and proposes to supply the amenities for this year’s project at 2010 pricing levels.

FISCAL IMPACT: Downtown SSA funds will be used for this $30,222.00 purchase. PUBLIC NOTICE/RECORDING: N/A

14. Council Bill/Resolution 1081-2013 A Resolution authorizing the Mayor and City Clerk to execute a Subordination and Non-Disturbance Agreement between the City of Moline, Quad Cities Chamber of Commerce, Inc. and Kaizen Company of America, LC for property located at 1601 River Drive, Suite 300, Moline, Illinois.

EXPLANATION: In 2003, the City and Kaizen Company of America, LC entered into a ground lease for Kaizen’s lease of the surface property at 1601 River Drive, Moline, for the development of RiverStation at Bass Street Landing. Kaizen and the Quad Cities Chamber of Commerce recently entered into a premises lease for the Chamber’s lease of approximately 5,564 square feet in the RiverStation building located at 1601 River Drive, Suite 300, Moline. The parties wish to execute a Subordination and Non-Disturbance Agreement to subordinate the premises lease to the ground lease and ensure the Chamber’s possession and control of the premises; said execution will allow the lease to continue as a direct lease between the Chamber and the City (or either’s successors and assigns) should Kaizen default under the ground lease or should the ground lease be terminated or otherwise cease to continue.

FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: To be recorded by Quad Cities Chamber of Commerce, Inc.

15. Council Bill/Resolution 1082-2013 A Resolution authorizing the Mayor and City Clerk to execute a Subordination and Non-Disturbance Agreement between the Subordination and Non-Disturbance Agreement between the City of Moline, Goebel Family Dentistry LLC and Kaizen Company of America, LC for property located at 1601 River Drive, Suite 300, Moline, Illinois.

EXPLANATION: In 2003, the City and Kaizen Company of America, LC entered into a ground lease for Kaizen’s lease of the surface property at 1601 River Drive, Moline, for the development of RiverStation at Bass Street Landing. Kaizen and Goebel Family Dentistry LLC recently entered into a premises lease for Goebel’s lease of approximately 4,244 square feet in the RiverStation building located at 1601 River Drive, Suite 300, Moline. The parties wish to execute a Subordination and Non-Disturbance Agreement to subordinate the premises lease to the ground lease and ensure Goebel’s possession and control of the premises; said execution will allow the lease to continue as a direct lease between Goebel and the City (or either’s successors and assigns) should Kaizen default under the ground lease or should the ground lease be terminated or otherwise cease to continue.

FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: To be recorded by Goebel Family Dentistry LLC

16. Council Bill/Resolution 1083-2013 A Resolution authorizing the Mayor to execute a Contractual Agreement between the City of Moline Police Department and the Illinois Department of Revenue setting forth the terms for acceptance of a grant award to the police department in the sum of $5,830.00.

EXPLANATION: The Illinois Department of Revenue (Liquor Control Commission) has awarded the police department a grant in the sum of $5,830.00 to conduct a retail education and enforcement program with Moline tobacco retailers. The program provides for three compliance checks to be conducted during the term of the agreement, July 1, 2013 through June 30, 2014.

FISCAL IMPACT: None; program fully funded through grant of $5,830.00 PUBLIC NOTICE/RECORDING: N/A

OMNIBUS VOTE

ITEMS NOT ON CONSENT

FIRST READING ORDINANCES

17. Council Bill/General Ordinance 3011-2013 An Ordinance amending Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Section 20-4205, “ALTERED SPEED LIMITS,” Appendix 35, “40 MPH SPEED LIMIT,” by including northbound and southbound Nineteenth Street, from Seventh Avenue to Avenue of the Cities.

EXPLANATION: Traffic Committee reviewed and recommends signage to reflect ordinance.


18. Council Bill/General Ordinance 3012-2013

An Ordinance amending Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Section 20-5124, “UNAUTHORIZED PERSONS USING PERSONS WITH DISABILITIES PARKING SPACES; A VIOLATION,” Appendix 24, “PERSONS WITH DISABILITIES PARKING SPACES,” by including one on-street stall at 848 - 15th Street.



OMNIBUS VOTE

Council Member

Aye

Nay

Schoonmaker Liddell Acri Knaack Parker Ethridge Brown Turner

Mayor Raes

19. Council Bill/General Ordinance 3013-2013 An Ordinance amending Chapter 24, “PERSONNEL,” of the Moline Code of Ordinances, Section 24-2203(b), “Residency Required,” by repealing said section in its entirety and enacting in lieu thereof one new Section 24-2203(b).

EXPLANATION: Currently, the City Administrator and all department directors are required to live in the City of Moline. All other employees are only required to live within 20 miles of Fire Central Station. The Department Director residency requirement is burdensome on those employees who are promoted from within but who do not live within the City, especially given the current status of real estate prices and the depressed housing market. This amendment would change the residency requirement for existing employees who are promoted to Department Director level positions so that they are not required to reside within the City as long as their residence was lawful under the employee’s prior position with the City. The amendment will assist in the City Council’s goal of succession planning by encouraging employees to seek higher level positions within the City and to utilize their experience and institutional knowledge in leading various City departments.


20. Council Bill/Special Ordinance 4020-2013 A Special Ordinance approving the approval of a Jurisdictional Transfer with the Illinois Department of Transportation to accept jurisdiction of 41st Drive Connector and 41st Avenue Drive.

EXPLANATION: The Illinois Department of Transportation (IDOT) will construct two new local streets in IDOT-controlled right-of-way (ROW) as part of the John Deere Road widening project. The streets have been designated as 41st Drive Connector and 41st Avenue Drive. IDOT will transfer jurisdiction of the local streets to the City of Moline 21 days after the construction in complete and all work passes IDOT’s final inspection. The new bridge over John Deere Road west of 38th Street is not included in the jurisdictional transfer and will remain under IDOT’s jurisdiction. FISCAL IMPACT: N/A PUBLIC NOTICE/RECORDING: Forward a certified copy of this Ordinance to the State of Illinois through its Deputy Director of Highways, Region Two Engineer’s office at Dixon. MISCELLANEOUS BUSINESS PUBLIC COMMENT Members of the public are permitted to speak after first stating their name and address. EXECUTIVE SESSION

Council Bill/General Ordinance No.: 3007-2013 Sponsor:

AN ORDINANCE AMENDING Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of

Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by removing 27th Street, 7th Avenue to 19th Street, northbound.

_________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by removing 27th Street, 7th Avenue to 19th Street, northbound.

Section 2 – That pursuant to Section 1-1107 of the Moline Code of Ordinances, any person, firm or corporation violating any of the provisions of this Ordinance shall be fined not more than seven hundred fifty dollars ($750.00) for each offense.

Section 3 – That this ordinance shall be in full force and effect from and after its passage

and approval; and, if required by law, publication in the manner provided for by law. CITY OF MOLINE, ILLINOIS Mayor

Date Passed: Approved: Attest: City Clerk Approved as to form: City Attorney



Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by including 47th Avenue, 48th Street A to 53rd Street.

_________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by including 47th Avenue, 48th Street A to 53rd Street.







Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by removing 53rd Street, John Deere Road to 23rd Avenue.

_________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Appendix 9 thereof, “STREET CLOSED TO COMMERCIAL VEHICLES,” by removing 53rd Street, John Deere Road to 23rd Avenue.







Ordinances, Appendix 10 thereof, “PARKING PROHIBITED AT ANY TIME,” by including 42nd Street, on the east side, between 10th and 11th Avenues.

_________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That Chapter 20, “MOTOR VEHICLES AND TRAFFIC” of the Moline Code of Ordinances, Appendix 10 thereof, “PARKING PROHIBITED AT ANY TIME,” is hereby amended by including 42nd Street, on the east side, between 10th and 11th Avenues.





Council Bill No. 4018-2013 Sponsor: ___________________ A SPECIAL ORDINANCE AMENDING the annual Council and Committee Meetings Schedule for 2013.

_________________

WHEREAS, the Citizens Advisory Council on Urban Policy deemed it necessary to change its respective meeting dates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1: That the annual Council and Committee Meetings Schedule for 2013 is hereby amended by the City Council and City staff is hereby directed to do all things necessary to notify the media of the 2013 City Council and Committee Meetings Schedule as shown on Exhibit A attached hereto. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as required by law, publication, if required, in the manner provided by law. CITY OF MOLINE, ILLINOIS Date __________________________ Mayor Passed: Approved: Attest: City Clerk Approved as to Form: _______________________________ City Attorney

2013 CITY OF MOLINE COUNCIL BOARD/COMMITTEE MEETINGS SCHEDULE(dates times subject to change with notification)

COMMITTEE LOCATION TIME DATES DATES DATES DATESCommittee-of-the-Whole & City Council immediately following

City Hall-2nd Floor Council Chambers

619-16th Street

6:30 p.m.(or as deemed necessary)

Jan ---, 08, 15, 22, ---Feb 05, 12, 19, 26Mar 05, 12, 19, 26

Apr 02, 09, 16, 23, ---May 07, 14, 21, 28Jun 04, 11, 18, ---

Jul ---, 09, 16, 23, ---Aug 06, 13, ---, 27Sep 03, 10, 17, 24

Oct 01, 08, 15, 22, ---Nov 05, 12, 19, ---Dec 03, 10, 17, ---, ---

Citizens Advisory Council on Urban Policy (CACUP)

City Hall-2nd Floor Committee-of-the-Whole

619-16th Street4:00 p.m.

Jan ----Feb ----Mar ----

Apr ---May ---Jun 24

Jul 8, 22Aug 5Sep 9, 23

Oct ----Nov ----Dec ----

Consolidated Public Safety Communications Budget Board

East Moline City Hall Conference Room

915 16th Ave, East Moline4:00 p.m. Jul 03 Nov 6

Fire and Police CommissionersPolice Department Community Room1640 6th Avenue

4:30 p.m.Jan 08Feb 12Mar 12

Apr 09May 14Jun 11

Jul 09Aug 13Sep 10

Oct 08Nov 12Dec 10

Firefighters Pension BoardCentral Fire Station Conference Room1630 8th Avenue

8:30 a.m. Jan 24 Apr 25 Jul 25 Oct 24

Foreign Fire TaxCentral Fire Station Conference Room1630 8th Avenue

8:15 a.m.Jan ----Feb 12Mar ----

Apr 09May ----Jun 11

Jul ----Aug 13Sep ----

Oct 08Nov ----Dec 10

Historic Preservation AdvisoryCity Hall-2nd Floor Council Chambers


Jan 14Feb 11Mar 11

Apr 15May 13Jun 10

Jul 08Aug 12Sep 09

Oct 14Nov 12Dec 09

Human Rights CommissionCity Hall-2nd Floor

Committee-of-the-Whole 619-16th Street

4:00 p.m.Jan ----Feb ----Mar 11

Apr 08May 13Jun ---

Jul ---Aug 12Sep 09

Oct 14Nov 12Dec 09

Keep Moline Beautiful CommissionPublic Works Building

Conference Room3635 4th Avenue


Apr 11May 09Jun 13

Jul 11Aug 08Sep 12

Oct 10Nov 14Dec 12

Library Board of TrusteesMoline Public Library

Platinum Room3210 41st Street

12:00 p.m.Jan 10Feb 14Mar 14

Apr 11May 09Jun 13

Jul 11Aug 08Sep 12

Oct 10Nov 14Dec 12

Park BoardPublic Works Building

Conference Room 3:30 p mJan 31Feb 28

Apr 25May 23

Jul 25Aug 22

Oct 24Nov ---Park Board Conference Room

3635 4th Avenue3:30 p.m. Feb 28

Mar 28May 23Jun 27

Aug 22Sep 26

Nov ---Dec 05

Plan CommissionCity Hall-2nd Floor Council Chambers


Jan 09, 23Feb 13, 27Mar 13, 27

Apr 10, 24May 08, 22Jun 12, 26

Jul 10, 24Aug 14, 28Sep 11, 25

Oct 09, 23Nov 13Dec 11

Police Pension Board of TrusteesPolice Department Community Room1640 6th Avenue

12:00 p.m. Jan 23 Apr 24 Jul 24 Oct 23

Project Management TeamRenew Moline

Conference Room 1506-River Drive

1:30 p.m.Jan 16Feb ---Mar 13

Apr ---May 08Jun ---

Jul 10Aug ---Sep 11

Oct ---Nov 13Dec ---

Moline Centre Main Street CommissionCity Hall-2nd Floor


4:00 p.m.Jan 21Feb ---Mar 18

Apr 15May 20Jun 17

Jul 15Aug 19Sep 16

Oct 21Nov 18Dec 16

Moline Housing AuthorityMoline Housing Authority

Board Room 4141-11th Avenue A


Apr 22May 20Jun 17

Jul 15Aug 19Sep 16

Oct 21Nov 18Dec 16

Special Services Area #5 - Bass StreetCity Hall-2nd Floor


3:00 p.m. Jan 14 May 20 Aug 19 Nov 18

Special Services Area #6 - DowntownCity Hall-2nd Floor


3:00 p.m. Jan 21 Apr 15 Jul 15 Oct 21

Traffic CommitteePublic Works Building

Conference Room3635 4th Avenue


Apr 02May 07Jun 04

Jul 02Aug 06Sep 03

Oct 01Nov 05Dec 03

Youth CommissionMoline Public Library

Platinum Room3210 41st Street

4:00 p.m.Jan ----Feb ----Mar 21

Apr 18May 16Jun ----

Jul ----Aug ----Sep 19

Oct 17Nov 21Dec 19

Council Bill/Resolution No.: 1073-2013 Sponsor:

A RESOLUTION AUTHORIZING the Mayor and City Clerk to execute a Jurisdictional Transfer Agreement with

the Illinois Department of Transportation to accept jurisdiction of local streets constructed as part of the John Deere Road Widening Project.

_________________ WHEREAS, the Illinois Department of Transportation (IDOT) will improve existing streets and construct new local streets as part of the John Deere Road widening project; and WHEREAS, said agreement defines responsibilities, establishes cost sharing amounts, and transfers jurisdictional control of the right-of-way, ownership of the pavement, and all future maintenance responsibilities of the new local streets to the City; and WHEREAS, said project is estimated to cost $12,6000,000.00 with the City’s share estimated to be $238,930.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the Mayor and City Clerk are hereby authorized to execute a Jurisdictional Transfer Agreement with the Illinois Department of Transportation to accept jurisdiction of local streets constructed as part of the John Deere Road Widening Project. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013

Date Passed: May 21, 2013 Approved: May 28, 2013 Attest: City Clerk Approved as to form: City Attorney

Council Bill/Resolution No. 1074-2013 Sponsor:

A RESOLUTION APPROVING the addition of 41st Drive Connector and 41st Avenue Drive to the City of

Moline’s Street System pursuant to a jurisdictional transfer agreement with the Illinois Department of Transportation.

_________________ WHEREAS, the Illinois Department of Transportation (IDOT) will construct two new streets in Moline in IDOT-controlled right-of-way at Illinois Route 5 as part of the John Deere Road widening project; and WHEREAS, said improvements are designated as IDOT FAP Route 595 (Illinois Route 5), Section (142-1) R-1 & 142-1 HB, City Section 13-00255-00-PV, and are more specifically described as follows:

a. 41st Drive Connector: newly constructed 41st Drive Connector beginning at a point located approximately 400 lineal feet west of the proposed centerline intersection of 35th Street and Coaltown Road intersection and extending south over John Deere Expressway continuing at a southeasterly direction ending at a point near the proposed centerline intersection of 38th Street and 41st Drive Connector, excluding the structure abutment to abutment (No.081-0176) carrying 41st Drive Connector over John Deere Expressway, in its entirety; and

b. 41st Avenue Drive: relocated and reconstructed 41st Avenue Drive beginning at a

point located approximately 800 lineal feet south of the proposed centerline intersection of Illinois Route 5 (John Deere Expressway) and 41st Street, with radius widening at the intersection of 41st Avenue Drive and 41st Avenue Street, to a point where the newly reconstructed roadway tapers into the existing 41st Drive, in its entirety;

WHEREAS, the City and IDOT have entered into an agreement for the transfer of jurisdiction of the above described roadway to the City, said transfer to be effective 21 days after construction completion and upon IDOT’s final inspection and approval of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the City Council finds it in the best interest of the City of Moline, Illinois, to authorize approval of the addition of the 41st Drive Connector and 41st Avenue Drive to the City of Moline’s Street System pursuant to a jurisdictional transfer agreement with the Illinois Department of Transportation.

Formatted: Underline

Council Bill/Resolution No. 1074-2013 Sponsor: Page 2 of 2

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to

transmit two certified copies of this Resolution to the State of Illinois through its Region 2, District 2 office in Dixon, Illinois. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013


Formatted: Indent: First line: 0"


A RESOLUTION AUTHORIZING approval of the plans and specifications as proposed by the State of Illinois,

Department of Transportation, for a joint City-State improvement of Illinois Route 5 (John Deere Expressway) from 38th Street to a point located approximately 0.01 miles west of 38th Street, FAP Route 595, State Section (142-1) R-1 & 142-1 HB, in the City of Moline, Rock Island County, Illinois.

_________________ WHEREAS, since a portion of the John Deere Road Widening Project will be added to the City of Moline’s street system after completion of the project, the Illinois Department of Transportation (IDOT) requires that the City pass a resolution formally approving IDOT’s plans and specifications for said work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the City Council finds it in the best interest of the City of Moline, Illinois to authorize approval of the plans and specifications as proposed by the State of Illinois, Department of Transportation, for a joint City-State improvement of Illinois Route 5 (John Deere Expressway) from 38th Street to a point located approximately 0.01 miles west of 38th Street, FAP Route 595, State Section (142-1) R-1 & 142-1 HB, in the City of Moline, Rock Island County, Illinois. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013



A RESOLUTION AUTHORIZING approval of a Resolution for Improvement by Municipality under the Illinois Highway

Code for Motor Fuel Tax Section 13-00255-00-PV, John Deere Road Widening in the amount of $238,930.00.

_________________ WHEREAS, the City has entered into an agreement with the State of Illinois for improvements to Illinois Route 5 (John Deere Expressway) by constructing a new corridor road system (41st Drive Connector) and intersection improvements at 38th Street, 40th Street, Coaltown Road and 41st Street, said improvement designated FAP Route 595 (Illinois Route 5), Section (142-1) R-1 & 142-1 HB, City Section 13-00255-00-PV; and

WHEREAS, to be in compliance with the aforementioned agreement, it is necessary for the City to appropriate funds to pay for its share of the cost of said improvement; and

WHEREAS, the City has appropriated $238,930.00 or so much thereof as may be necessary, from any money now or hereafter allotted to the City, to pay its share of the cost of this improvement as provided in the agreement; and WHEREAS, that upon award of this project, the City agrees to pay to the Department of Transportation of the State of Illinois from any funds allotted to the City, an amount of 80% of its estimated obligation under the provisions of the agreement, and will pay to said department the remainder of its obligation in a lump sum upon completion of the project based upon final costs; and WHEREAS, the City agrees to pass a supplemental resolution to provide additional funds if the amount appropriated herein proves to be insufficient to cover said cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the City Council finds it in the best interest of the City of Moline, Illinois to authorize approval of a Resolution for Improvement by Municipality Under the Illinois Highway Code for Motor Fuel Tax Section 13-00255-00-PV, John Deere Road Widening for the amount of $238,930.00. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013


Printed 5/8/2013 BLR 09111 (Rev. 11/06)

Resolution for Improvement by Municipality Under the Illinois Highway Code

BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees

City of Moline Illinois City, Town or Village

that the following described street(s) be improved under the Illinois Highway Code:

Name of Thoroughfare Route From To Illinois Route 5 FAP 595

BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of City of Moline portion of IDOT Contract No. 64B84, Job No C-92-076-12 and shall be constructed wide and be designated as Section 13-00255-00-PV 2. That there is hereby appropriated the (additional Yes No) sum of two hundred thirty eight thousand nine hundred thirty Dollars ( $238,930.00 ) for the improvement of said section from the municipality’s allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.

Approved I, Tracy Koranda Clerk in and for the City of Moline

City, Town or Village County of Rock Island , hereby certify the

Date foregoing to be a true, perfect and complete copy of a resolution adopted

by the City Council Council or President and Board of Trustees

Department of Transportation at a meeting on May 21, 2013 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of

Regional Engineer

(SEAL)

Clerk City, Town, or Village Clerk


A RESOLUTION AUTHORIZING approval of an Agreement for Professional Services with Missman, Inc. for Motor

Fuel Tax Section 12-00254-00-RS, 12th Avenue, 19th to 34th Streets. _________________

WHEREAS, the Engineering Division is not adequately staffed to provide inspection services for said project; and WHEREAS, staff has negotiated an Agreement for Professional Services with Missman, Inc. to provide inspection services at standard hourly rates for the not-to-exceed price of $85,350.00; and WHEREAS, Missman, Inc. will staff the project with Illinois Department of Transportation (IDOT) approved inspectors who have received all appropriate IDOT training and hold current certifications; and WHEREAS, Funds are not budgeted for this expense but sufficient CIP reserves are available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the City Council finds it in the best interest of the City of Moline, Illinois to authorize approval of an Agreement for Professional Services with Missman, Inc. for Motor Fuel Tax Section 12-00254-00-RS, 12th Avenue, 19th to 34th Streets; provided, however, that said agreement is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit “A” and has been approved as to form by the City Attorney. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013



A RESOLUTION AUTHORIZING approval of an Agreement for Professional Services with Missman, Inc. for Motor

Fuel Tax Section 12-00253-00-RS, Avenue of the Cities, 41st to 43rd Streets. _________________

WHEREAS, the Engineering Division is not adequately staffed to provide construction inspection services for said project; and WHEREAS, staff has negotiated an Agreement for Professional Services with Missman, Inc. to provide inspection services at standard hourly rates for the not-to-exceed price of $60,930.00; and WHEREAS, Missman, Inc. will staff the project with Illinois Department of Transportation (IDOT) approved inspectors who have received all appropriate IDOT training and hold current certifications; and WHEREAS, Funds are not budgeted for this expense but sufficient CIP reserves are available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the City Council finds it in the best interest of the City of Moline, Illinois to authorize approval of an Agreement for Professional Services with Missman, Inc. for Motor Fuel Tax Section 12-00253-00-RS, Avenue of the Cities, 41st to 43rd Streets; provided, however, that said agreement is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit “A” and has been approved as to form by the City Attorney. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013


Council Bill/Resolution No. 1079-2013 Sponsor: ___________________________________

A RESOLUTION AUTHORIZING the Mayor and City Clerk to execute a Real Estate Purchase Agreement with Rollin

McAdam for a portion of property located at Lot 18 of the Oak Hills Addition for a purchase price of $5,000.00.

_________________

WHEREAS, the City wishes to acquire property in the City of Moline’s Oak Hills Addition; and WHEREAS, the City will pay all 2013 taxes related to said property and will generate all sales and

closing documents; and WHEREAS, Rollin McAdam, the owner of said property, has agreed to sell and convey portions of

Lot 18 of Oak Hills Addition to the City of Moline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the Mayor and City Clerk are hereby authorized to execute a Real Estate Purchase Agreement with Rollin McAdam for a portion of property located at Lot 18 of the Oak Hills Addition for a purchase price of $5,000.00; provided said agreement is substantially similar in form and content to that attached hereto as Exhibit “A,” and incorporated herein by this reference and has been approved as to form by the City Attorney.

BE IT FURTHER RESOLVED that the same officials are hereby authorized to execute all necessary

documents referenced therein; and all appropriate City officers and staff are further authorized to do all things necessary to complete each of the City’s responsibilities and enforce each of the City’s expected benefits as referred to in such Agreement.

BE IT FURTHER RESOLVED that this resolution shall be in full force and effect upon its passage.

CITY OF MOLINE, ILLINOIS

Mayor May 21, 2013 Date

Passed: May 21, 2013 Approved: May 28, 2013 Attest: City Clerk Approved as to Form: City Attorney

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AGREEMENT FOR SALE OF REAL ESTATE

AGREEMENT, by and between, THE CITY OF MOLINE, ILLINOIS, an Illinois municipal corporation (hereinafter “Buyer”), located in Moline, Illinois, and Rollin W. McAdam and Tamara L. McAdam, not as tenants in common but as joint tenants with right of survivorship, (hereinafter “Seller”), located at 180 US Highway 6, Coal Valley, Illinois. WITNESSETH: WHEREAS, the Buyer has offered to buy and the Seller is willing to sell the real property more particularly described as the East 165.53 feet of the West 265.53 feet of Lot 18 in Oak Hills Addition to the City of Moline, as in Plat Book and Page 27-1, Township of South Moline, County of Rock Island, State of Illinois (hereinafter “Property”), and commonly known as an unimproved lot on11th Avenue A, Moline, Illinois. PIN 0835317015 Tax Parcel No. 07-5573 NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Sec. 1. PURCHASE PRICE Subject to all terms, covenants and conditions of the Agreement, the Buyer will purchase the Property from the Seller, and the Seller will sell the Property to the Buyer and pay therefore the amount of Five Thousand Dollars ($5,000.00) (hereinafter “Purchase Price”) payable to Seller at time of closing. Sec. 2. CLOSING AND POSSESSION Closing shall be on or before the 31st day of May, 2013, or on such other date as the parties hereto may mutually agree to in writing. Closing shall take place at the office of the closing agent mutually acceptable to Buyer and Seller, and Buyer shall accept the conveyance and pay the Purchase Price to the Seller at such time and place. Buyer shall take possession of the property at closing. Sec. 3. CONVEYANCE OF PROPERTY

(a) Form of Deed. At Closing, Seller shall deliver a Warranty Deed (“Deed”) in the name of the Buyer to Buyer conveying Seller’s interests and title together with such other documents that may be required to record the deed and transfer personal property.

Said Deed shall be conveyed in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such conveyance subject to such condition shall bar all tort, warranty, and

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misrepresentation claims, including any action based on non-disclosure. The conveyance and title of the Property shall, in addition to other conditions, covenants and restrictions set forth or referred to elsewhere in the Agreement, be subject to:

1. Applicable statutes, orders, rules and regulations of the Federal Government and

State of Illinois, and laws and ordinances of the City of Moline, including zoning, building, and land subdivision laws and regulations; and

2. All easements of record; and

3. Matters that would be revealed by an ALTA survey of the Property.

(b) Proration of Taxes and Adjustments. The Buyer shall be responsible for paying the 2012 taxes payable in 2013. Property taxes will not be prorated to the date of closing. There are no leases for the subject property requiring a credit for deposits or proration of rents. (c) Expenses of Transfer.

Seller shall pay:

1. Cost of Seller’s abstracting or owner’s title insurance policy, if necessary. 2. Revenue stamps and recording of any releases, if any.

Buyer shall pay: 1. Buyer’s broker’s commission, if any. 2. Recording fees for deed and mortgages, if any. 3. Cost of Buyer’s abstracting or mortgage title insurance policy, if necessary.

Each party shall be responsible for his or her own attorney fees and customary closing costs. Closing costs do not ordinarily include charges incident to the Buyer’s financing, and such charges shall be paid by Buyer. (d) Settlement Procedures. To the extent the subject transaction is covered by its provisions, the parties agree to comply with the Real Estate Settlement Procedures Act of 1974 (RESPA). (e) Special Assessments. Seller will be responsible for all special assessments levied as of the date of closing. Buyer is responsible for all special assessments levied after that date. Sec. 4. PROPERTY CONDITION Buyer acknowledges that the Buyer has visually inspected the real estate and the improvements thereof; the Buyer is acquainted with the condition thereof and the Buyer shall accept the Property. Sec. 5. ENTIRE AGREEMENT This Agreement and its Exhibits contain the entire agreement among the parties, and supersedes all prior agreements or other understandings, oral or written, not expressly retained herein. It

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shall inure to the benefit of, and shall be binding upon the parties hereto and their respective successors or assigns. This Agreement may be modified only by a written amendment signed by all of the parties. Sec. 6. APPLICABLE LAW This Agreement shall be governed by the laws of the State of Illinois, and the sole and exclusive venue for any disputes arising out of this Agreement shall be any state court located within Rock Island County, Illinois, or federal court located within the appropriate venue. A waiver of any part of this Agreement shall be limited to that specific event and shall not be a waiver of the entire Agreement. Sec. 7. SEVERABILITY Should any part of this Agreement be determined to be illegal, invalid or otherwise unenforceable, then all such remaining parts not so affected by such illegality, invalidity or unenforceability shall continue in full force and effect, fully binding all parties, their respective heirs and assigns, as to such remaining terms. Sec. 8. ASSURANCE OF FURTHER ACTION

From time to time hereafter and without further consideration, each of the parties to this Agreement shall execute and deliver, or cause to be executed and delivered, such Recordable Memoranda, further instruments, and agreements, and shall take such other actions, as any other party may reasonably request in order to more effectively memorialize, confirm, and effectuate the intentions, undertakings, and obligations contemplated by this Agreement. Sec. 9. ACCEPTANCE Until accepted by the Seller, this document constitutes an irrevocable offer to purchase on the terms stated above. Buyer’s offer to buy herein shall be irrevocable to and including May 22, 2013. If not so approved by the Seller by May 22, 2013, this offer and Agreement shall be void. Buyer’s offer is contingent on approval of this agreement by the City Council of Moline, Illinois. Upon acceptance of Buyer’s offer by the Seller, this Agreement shall be submitted to the City Council of Moline, Illinois, for final approval. Failure of the City Council to approve this Agreement will render this Agreement null and void.

This Agreement has been read and executed in duplicate on the dates beside the parties’ authorized agents’ signatures. IN WITNESS WHEREOF, The City of Moline, Illinois, Buyer, has caused this Agreement for Sale of Real Estate to be executed this day of , 2013. City of Moline (Buyer) Attest: Scott Raes, Mayor Tracy A. Koranda, City Clerk

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Approved as to form: Maureen E. Riggs, City Attorney STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of , 2013, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared SCOTT RAES and TRACY A. KORANDA, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Moline, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.

(seal) NOTARY PUBLIC

IN WITNESS WHEREOF, Rollin W. McAdam and Tamara L. McAdam, (Seller) accepts this Agreement for Sale of Real Estate by executing the same on this day of _______, 2013. STATE OF ILLINOIS ) ) ss: COUNTY OF ROCK ISLAND )

I, _______________________, the undersigned, a Notary Public, in and for said County and State, aforesaid, do hereby certify that ROLLIN W. MCADAM AND TAMARA L. MCADAM, personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this ___________ day of _______, 2013, in person and acknowleged that he/she/they signed, and delivered said instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth.

(seal) NOTARY PUBLIC

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Prepared by: Amy L. Keys, Deputy City Attorney City of Moline 619 16th Street Moline, IL 61265 Phone: (309) 524-2021

Council Bill/Resolution No.: 1080-2013 Sponsor: ________________________

A RESOLUTION AUTHORIZING approval of a Sole Source Purchase from Conklin Sales for 5th Avenue

Streetscaping Amenities in the amount of $30,222.00. _________________

WHEREAS, the 5th Avenue Streetscaping Plan approved by Council several years ago is being incorporated into the 5th Avenue reconstruction projects; and WHEREAS, among the streetscaping items to be included in this year’s project are 11 planters, 11 benches, and 5 trash receptacles that will match similar items installed in previous years; and

WHEREAS, Conklin Sales supplied the amenities for the previous projects and proposes to supply the amenities for this year’s project at 2010 pricing levels; and WHEREAS, downtown SSA funds will be used for this purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the Mayor and City Clerk hereby authorize the approval of a Sole Source Purchase from Conklin Sales for 5th Avenue Streetscaping Amenities in the amount of $30,222.00; provided, however, said proposal is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit “A,” and has been approved as to form by the City Attorney. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013

Date Passed: May 21, 2013 Approved: May 28, 2013 Attest: City Clerk Approved as to form:

City Attorney

Council Bill/Resolution No. 1081-2013 Sponsor: ______________________________

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute a Subordination and Non-Disturbance Agreement between the City of Moline, Quad Cities Chamber of Commerce, Inc. and Kaizen Company of America, LC for property located at 1601 River Drive, Suite 300, Moline, Illinois.

__________________________

WHEREAS, in 2003, the City of Moline (“City”) and Kaizen Company of America, LC (“Kaizen”) entered into a ground lease for Kaizen’s lease of the surface property at 1601 River Drive, Moline, for the development of RiverStation at Bass Street Landing; and

WHEREAS, in February 2013, Kaizen and the Quad Cities Chamber of Commerce,

Inc. (“Chamber”) entered into a premises lease for the Chamber’s lease of approximately 5,564 square feet in the Riverstation building located at 1601 River Drive, Suite 300, Moline; and

WHEREAS, to ensure the Chamber’s possession and control of the premises pursuant

to its lease with Kaizen, the parties wish to subordinate said lease to the ground lease; and WHEREAS, execution of the Subordination and Non-Disturbance Agreement will

allow the lease to continue as a direct lease between the Chamber and the City (or either’s successors and assigns) should Kaizen default under the ground lease or should the ground lease be terminated or otherwise cease to continue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the Mayor and City Clerk are hereby authorized to execute a Subordination and Non-Disturbance Agreement between the City of Moline, the Quad Cities Chamber of Commerce, Inc. and Kaizen Company of America, LC for property located at 1601 River Drive, Suite 300, Moline; provided, however, that said Agreement is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit “A,” and has been approved as to form by the City Attorney.


____________________________________ Mayor May 14, 2013 Date Passed: May 14, 2013 Approved: May 21, 2013 Attest: City Clerk Approved as to Form: ____________________________________ City Attorney

Council Bill/Resolution No. 1082-2013 Sponsor: ______________________________

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute a Subordination and Non-Disturbance Agreement between the City of Moline, Goebel Family Dentistry LLC and Kaizen Company of America, LC for property located at 1601 River Drive, Suite 300, Moline, Illinois.

__________________________

WHEREAS, in 2003, the City of Moline (“City”) and Kaizen Company of America, LC (“Kaizen”) entered into a ground lease for Kaizen’s lease of the surface property at 1601 River Drive, Moline, for the development of RiverStation at Bass Street Landing; and

WHEREAS, in December 2012, Kaizen and Goebel Family Dentistry LLC (“Goebal”)

entered into a premises lease for Goebel’s lease of approximately 4,244 square feet in the RiverStation building located at 1601 River Drive, Suite 300, Moline; and

WHEREAS, to ensure Goebel’s possession and control of the premises pursuant to its

lease with Kaizen, the parties wish to subordinate said lease to the ground lease; and WHEREAS, execution of the Subordination and Non-Disturbance Agreement will

allow the lease to continue as a direct lease between Goebel and the City (or either’s successors and assigns) should Kaizen default under the ground lease or should the ground lease be terminated or otherwise cease to continue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the Mayor and City Clerk are hereby authorized to execute a Subordination and Non-Disturbance Agreement between the City of Moline, Goebel Family Dentistry LLC and Kaizen Company of America, LC for property located at 1601 River Drive, Suite 300, Moline; provided, however, that said Agreement is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit “A,” and has been approved as to form by the City Attorney.


____________________________________ Mayor May 14, 2013 Date Passed: May 14, 2013 Approved: May 21, 2013 Attest: City Clerk Approved as to Form: ____________________________________ City Attorney

Council Bill/Resolution No. 1083-2013 Sponsor: ____________________________

A RESOLUTION AUTHORIZING the Mayor to execute a Contractual Agreement between the City of Moline

Police Department and the Illinois Department of Revenue setting forth the terms for acceptance of a grant award to the police department in the sum of $5,830.00.

____________________________ WHEREAS, the Illinois Department of Revenue, through the Illinois Liquor Control Commission, has agreed to fund a sum of money to conduct a retail education and enforcement program with tobacco retailers; and WHEREAS, the proposed agreement provides for a grant award from the Illinois Department of Revenue in the amount of $5,830.00 for the completion of three compliance checks; and WHEREAS, the duration of the grant agreement is July 1, 2013 until June 30, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the Mayor is hereby authorized to execute a Contractual Agreement between the City of Moline Police Department and the Illinois Department of Revenue setting forth the terms for acceptance of a grant award in the sum of $5,830.00, provided, however, that said agreement is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit “A,” and has been approved as to form by the City Attorney. CITY OF MOLINE, ILLINOIS ____________________________________

Mayor May 21, 2013

Date Passed: May 21, 2013 Approved: May 28, 2013 Attest: ___________________________ City Clerk Approved as to form: _______________________________________ City Attorney



Ordinances, Section 20-4205, “ALTERED SPEED LIMITS,” Appendix 35, “40 MPH SPEED LIMIT,” by including northbound and southbound Nineteenth Street, from Seventh Avenue to Avenue of the Cities.

_________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That Chapter 20 “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Section 20-4205, “ALTERED SPEED LIMITS,” Appendix 35, “40 MPH SPEED LIMIT,” by including northbound and southbound Nineteenth Street, from Seventh Avenue to Avenue of the Cities.






AN ORDINANCE AMENDING Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of

Ordinances, Section 20-5124, “UNAUTHORIZED PERSONS USING PERSONS WITH DISABILITIES PARKING SPACES; A VIOLATION,” Appendix 24, “PERSONS WITH DISABILITIES PARKING SPACES,” by including one on-street stall at 848 - 15th Street.

_________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of Ordinances, Section 20-5124, “UNAUTHORIZED PERSONS USING PERSONS WITH DISABILITIES PARKING SPACES; A VIOLATION,” Appendix 24, “PERSONS WITH DISABILITIES PARKING SPACES,” is hereby amended to include the following when appropriate signs are posted:

one on-street stall at 848 - 15th Street.

Section 2 – That pursuant to Section 1-1107 of the Moline Code of Ordinances, any person, firm or corporation violating any of the provisions of this Ordinance shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. Section 3 – That this ordinance shall be in full force and effect from and after its passage and approval; and, if required by law, publication in the manner provided for by law. CITY OF MOLINE, ILLINOIS Mayor


Council Bill/General Ordinance No. 3013-2013 Sponsor: ___________________________

AN ORDINANCE AMENDING Chapter 24, “PERSONNEL,” of the Moline Code of Ordinances, Section

24-2203(b), “Residency Required,” by repealing said section in its entirety and enacting in lieu thereof one new Section 24-2203(b).

_____________________ WHEREAS, Section 24-2203(b) of the Moline Code of Ordinances currently requires the City Administrator and all department directors to reside in the City of Moline; and WHEREAS, the requirement for all other City employees is to reside within twenty miles of Fire Central Station, located at 1630 8th Avenue; and WHEREAS, the department director residency requirement is burdensome on employees who are promoted from within to these positions but who do not live in the City, especially given the current status of real estate prices and the depressed housing market; and WHEREAS, this amendment to Section 24-2203(b) would change the residency requirement for existing employees who are promoted to department director level positions so that they are not required to reside within the City as long as their residence was lawful under the employee’s prior position with the City; and WHEREAS, this amendment would further assist in the City Council’s goal of succession planning by encouraging employees to seek higher level positions within the City and to utilize their experience and institutional knowledge in leading various City departments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

Section 1. That Chapter 24, “PERSONNEL,” of the Moline Code of Ordinances, is hereby amended by repealing Section 24-2203(b), “Residency Required,” in its entirety and enacting in lieu thereof one new Section 24-2203(b) relating to the same subject matter, which shall read as follows: “SEC. 24-2203. RESIDENCY. * * * * * *

(b) Residency required.

(1) The city administrator, city attorney and all department directors shall reside within the corporate limits of the City.

Council Bill/General Ordinance No. 3013-2013 Page 2 of 2

(2) Notwithstanding anything herein to the contrary but excepting to Section 24-2203(b)(1), all employees whose employment is not covered by a collective bargaining agreement shall reside within twenty (20) miles of the municipal building located at 1630 8th Avenue in Moline.

(3) A new employee shall not be required to live within the applicable area of residence as defined

herein until one hundred and eighty (180) days after completion of the employee’s probationary employment.

(4) All other City employees not specifically identified herein, including library, police and fire

personnel, shall reside within the area described in such employees’ respective collective bargaining agreement or the area of residence shown in 24-2203(d), whichever area of residence is the smaller area.

(5) Said residency requirements are a continuing condition of employment with the City; failure to

comply with same and failure to notify the human resources office of any change in residence within ten (10) days after a change in residency shall be grounds for and shall constitute a mandatory discharge.

(6) Existing employees whose present residence does not conform to the above requirements but

which present residence is a lawful residence under previous ordinances of the City or under an existing employee’s prior position of employment with the City shall not be required to conform hereto; however, a change in residency by said employee shall be in conformance herewith. This subsection (6) does not apply to the position of city administrator.”

* * * * * *

Section 2. That this ordinance shall be in full force and effect from and after passage, approval and, if required by law, publication in the manner provided for by law.

CITY OF MOLINE, ILLINOIS ___________________________________ Mayor ___________________________________ Date

Passed: Approved: Attest: City Clerk Approved as to Form: ___________________________________ City Attorney

Council Bill/Special Ordinance No.: 4020-2013 Sponsor:

A SPECIAL ORDINANCE AUTHORIZING approval of a Jurisdictional Transfer with the Illinois Department of

Transportation to accept jurisdiction of 41st Drive Connector and 41st Avenue Drive.

_________________ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 – That the City Council hereby authorizes the Local Agency-State Jurisdictional Transfer that includes the location description and location map, as attached hereto and incorporated herein as Exhibit “A.” Section 2 – That the following sections shall be added to the subject jurisdictional transfer, as follows:

a. 41st Drive Connector: newly constructed 41st Drive connector beginning at a point located approximately 400 lineal feet west of the proposed centerline intersection of 35th Street and Coaltown Road intersection and extending south over John Deere Expressway continuing at a southeasterly direction ending at a point near the proposed centerline intersection of 38th Street and 41st Drive Connector, excluding the structure (No.081-0176) carrying 41st Drive Connector over John Deere Expressway, in its entirety; and

b. 41st Avenue Drive: relocated and reconstructed 41st Avenue Drive beginning at a

point located approximately 800 lineal feet south of the proposed centerline intersection of Illinois Route 5 (John Deere Expressway) and 41st Street, with radius widening at the intersection of 41st Avenue Drive and 41st Street, to a point where the newly reconstructed roadway tapers into the existing 41st Avenue Drive, in its entirety, to the Municipal Street System of the City of Moline, Rock Island County, Illinois.

Section 3 – That the City agrees to continue to enforce existing ordinances outlined in the Moline Code of Ordinances, for which prohibits the discharge of sanitary and industrial wastewater into the storm water drainage systems, parking restricts within the limits of the construction improvements. Section 4 – That the City has adopted and shall continue to enforce existing ordinances in the City of Moline Code of Ordinances, Chapter 28 Article No. 4, relative to the disposition of encroachments on public right-of-way within the limits of this improvement. Section 5 – That the City will accept jurisdiction of the designated section of 41st Drive connector and 41st Avenue Drive twenty-one (21) days after construction is complete and work passes IDOT’s final inspection.

Council Bill/Special Ordinance No.: 4020-2013 Page 3 of 3 Section 6 – That upon jurisdictional transfer of the subject roadway segments and receipt of payment, maintenance of the following shall be the responsibility of the City of Moline:

Storm sewers and appurtenances and to perform those functions necessary to keep the sewer in a serviceable condition including cleaning sewer lines, inlets, manholes and catch basins along with the repair or replacement of inlet, manhole and catch basins’ frames, grates or lids plus structural failures to a maximum length of 12 feet between adjacent manholes. Sidewalks, parkways, landscaping, guardrails, crosswalks, stop line markings, routine maintenance, repairs and/or replacement to retaining walls located on Coaltown Road at approximately station 19+00-27+00 left and approximately station 25+00-27+00 right, bike railings/fencing, pedestrian railings/fencing, and City owned utilities including the appurtenances thereto. Multi-use path and appurtenances, including but not limited to administration, control, reconstruction, snow removal and maintenance of the multi-use path located within the project limits described previously, except for the multi-use path on the structure (abutment to abutment) carrying 41st Drive Connector over Illinois Route 5 (John Deere Expressway). All of its existing maintenance responsibilities on all side road approaches under its jurisdiction, up to the through traffic lane edge of pavement of Illinois Route 5 (John Deere Expressway)

Section 7 – That this ordinance shall be in full force and effect from and after passage; approval; and if required by law, publication in the manner provided for by law. CITY OF MOLINE, ILLINOIS Mayor May 21, 2013


05-21-2013 council agenda

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