MOLINE CITY COUNCIL AGENDA Tuesday, April 9, 2019 6:00 p.m. (Immediately following the Committee-of-the-Whole meeting) City Hall Council Chambers 2 nd Floor 619 16th Street Moline, IL Call to Order Pledge of Allegiance Invocation Alderman Turner 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. COUNCIL MEMBER PRESENT ABSENT Williams Parker Wendt Potter Turner Schoonmaker Waldron Berg Mayor Acri Approval of Minutes & Appointments Made Committee-of-the-Whole and Council meeting minutes of April 2, 2019, and appointments made during Committee-of-the-Whole on April 9, 2019. Second Reading Ordinances 1. Council Bill/General Ordinance 3010-2019 An Ordinance amending Chapter 8, BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES, of the Moline Code of Ordinances, to revise the annual contractor license and registration dates, by amending Section 8-1400, GENERAL CONTRACTOR LICENSE, by repealing subsection (c) in its entirety and enacting in lieu thereof one new subsection (c) relating to the same subject matter; Section 8-1401, ELECTRICAL CONTRACTOR LICENSE AND REGISTRATION, by repealing subsections (b)(5) and (8) in their entirety and enacting in lieu thereof new subsections (b)(5) and (8) relating to the same subject matter; Section 8-1402, MECHANICAL CONTRACTOR LICENSE, by repealing subsections (e) and (i) in their entirety and enacting in lieu thereof new subsections (e) and (i) relating to the same subject matter; and Section 8-1405, SEWER SERVICE AND MAINTENANCE BUSINESS LICENSE, by repealing subsection (d) in its entirety and enacting in lieu thereof one new subsection (d) relating to the same subject matter. Explanation: Chapter 8 of the Code of Ordinances currently defines the annual contractor license and registration period as being May 1 to April 30. This time period is problematic for both the contractors and City staff as the registration renewal process takes place during the busy spring construction period. City staff proposes to change the current annual contractor registration period from January 1 to December 31, in an effort to better serve our customers. Staff proposes this change take effect on May 1, 2019, and that the 2019 registration fees be prorated for eight months. Additional documentation attached. Fiscal Impact: Public Notice/Recording: N/A N/A 2. Council Bill/General Ordinance 3011-2019 An Ordinance amending Chapter 31, TAXATION, of the Moline Code of Ordinances, Article I, HOTEL-MOTEL TAXES, by repealing said article in its entirety and enacting in lieu thereof one new Article I, HOTEL AND VACATION RENTAL TAXES, relating to the same subject matter.
Explanation: Chapter 31, Article I, of the Moline Code of Ordinances, pertains to the imposition, transmittal and collection of taxes on hotels and motels within the City. City staff has reviewed the trend of vacation rentals and bookings through online companies such as Airbnb, VRBO, Expedia, and others, and determined that the City s ordinance should be amended to allow the City to capture taxes resulting from such vacation rentals. This ordinance will amend the article s current definitions and other provisions for hotel and motel taxes to include taxation of vacation rental units. This ordinance will also amend Sec. 32-1100, currently reserved for future use, to add the Special Service Area No. 7 hotel tax imposed by Council Bill/Special Ordinance No. 4063-2018, adopted January 8, 2019. Fiscal Impact: Public Notice/Recording: To be determined Pamphlet publication Resolutions 3. Council Bill/Resolution 1038-2019 A Resolution to employ the services of Lisa A. Kotter as City Administrator of the City of Moline, and authorizing the Mayor and City Clerk to execute a Letter of Agreement between the City of Moline and Lisa A. Kotter. Explanation: The City and Lisa A. Kotter have negotiated a Letter of Agreement for Kotter s employment with the City as the City Administrator. Additional documentation attached. Fiscal Impact: Public Notice/Recording: N/A N/A 4. Council Bill/Resolution 1039-2019 A Resolution authorizing the ceding of 2019 Home Rule Volume Cap. Explanation: Under Section 146 of the Internal Revenue Code of 1986, the City is allocated an annual per capita amount for private activity bond use, which in 2019 totals $4,434,255. The Illinois Private Activity Bond Allocation Act provides that a home rule unit of government may transfer its allocation to any other home rule unit of government, the State of Illinois or any agency of the State, or any non-home rule unit of government. The City Council has adopted a Volume Cap Policy regarding the use, transfer, or reservation of the City s volume cap allocation. The policy, along with the history of Moline s allocations, is included in the attachment. Private Activity Bonds (PABs) are tax-exempt bonds issued on behalf of certain businesses engaged in manufacture or production of tangible personal property. A wide variety of businesses can qualify under the guidelines to finance the acquisition of fixed assets such as land, buildings, or equipment. They may also be used for renovation and new construction, as well as construction or renovation of residential units that meet income guidelines. Because the bonds are exempt from federal income tax, they typically command competitive interest rates and may be combined with other tax credit programs to stimulate projects. The Quad Cities Regional Economic Development Authority (QCREDA) is the only agency to request the City s 2019 Volume Cap and has a mutually beneficial relationship with the City, County, and other regional development authorities to best utilize this resource for the benefit of the region. If the City does not obligate this allocation by May 1, it is automatically turned over to the State of Illinois for reallocation to other entities statewide. Additional documentation attached. Fiscal Impact: Public Notice/Recording: Omnibus Vote Potential Increase in Property Values Finance Department to file with Governor s Office. OMNIBUS VOTE Council Member Aye Nay Turner Schoonmaker Waldron Berg Williams Parker Wendt Potter Mayor Acri
Non - Consent Agenda Resolutions 5. Council Bill/Resolution 1040-2019 A Resolution authorizing the Mayor and City Clerk to execute a Road Salt Purchase Agreement for the 2019-2020 Season with the City of Davenport. 1040-2019 Council Member Aye Nay Turner Schoonmaker Waldron Berg Williams Parker Wendt Potter Mayor Acri Explanation: The City agrees to purchase 1,000 tons of salt and a reserve supplemental order of 12,000 tons of salt with the Quad City Joint Salt Bid, with the City of Davenport as the agent for said purchase. By participating in this contract, a lower cost per ton has been experienced. The City agrees to purchase 25 percent of this supplemental order by March 1, 2020. Additional documentation attached. Fiscal Impact: Sufficient funds are budgeted, Account No. 010-0844-431.06-30 Public Notice/Recording: N/A First Reading Ordinances 6. Council Bill/General Ordinance 3012-2019 An Ordinance amending Chapter 20, MOTOR VEHICLES AND TRAFFIC, of the Moline Code of Ordinances, Appendix 18 thereof, TWO-HOUR PARKING RESTRICTIONS IN NONMETERED ZONES, by including Thirty-second Street, on the east side from Avenue of the Cities north to alley. Explanation: New business owner is requesting two-hour parking to best serve their clients. Staff recommended approving the request to match several surrounding streets off Avenue of the Cities listed in the Moline Code of Ordinances. Traffic Engineering Committee reviewed the request and recommends approval. Fiscal Impact: Public Notice/Recording: N/A N/A 7. Council Bill/General Ordinance 3013-2019 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 Twelfth Street, on both sides, from Fourteenth Avenue, north a distance of 25 feet. Explanation: Resident is requesting to prohibit parking in front of their property due to safety concerns. Vehicles are parking in the unmarked crosswalk forcing pedestrians to cross in between parked vehicles. Traffic Engineering Committee reviewed request and recommends approval. Fiscal Impact: Public Notice/Recording: N/A 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)
Council Bill/General Ordinance No. 3010-2019 Sponsor: AN ORDINANCE AMENDING Chapter 8, BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES, of the Moline Code of Ordinances, to revise the annual contractor license and registration dates, by amending Section 8-1400, GENERAL CONTRACTOR LICENSE, by repealing subsection (c) in its entirety and enacting in lieu thereof one new subsection (c) relating to the same subject matter; Section 8-1401, ELECTRICAL CONTRACTOR LICENSE AND REGISTRATION, by repealing subsections (b)(5) and (8) in their entirety and enacting in lieu thereof new subsections (b)(5) and (8) relating to the same subject matter; Section 8-1402, MECHANICAL CONTRACTOR LICENSE, by repealing subsections (e) and (i) in their entirety and enacting in lieu thereof new subsections (e) and (i) relating to the same subject matter; and Section 8-1405, SEWER SERVICE AND MAINTENANCE BUSINESS LICENSE, by repealing subsection (d) in its entirety and enacting in lieu thereof one new subsection (d) relating to the same subject matter. WHEREAS, Chapter 8 of the Code of Ordinances currently defines the annual contractor license and registration period as being from May 1 to April 30; and WHEREAS, this time period is problematic for both the contractors and City staff as the registration renewal process takes place during the busy Spring construction period; and WHEREAS, City staff proposes to change the current annual contractor registration period from to January 1 st to December 31 st in an effort to better serve the City s customers; and WHEREAS, City staff proposes this change take effect on May 1, 2019 and that the 2019 registration fees be prorated for eight months. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 That Chapter 8, BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES, of the Code of Ordinances, Section 8-1400, GENERAL CONTRACTOR LICENSE, is hereby amended by repealing subsection (c) in its entirety and enacting in lieu thereof one new subsection (c) relating to the same subject matter, which shall read as follows: SEC. 8-1400. GENERAL CONTRACTOR LICENSE * * * * * *
Council Bill/General Ordinance No. 3010-2019 Page 2 (c) The annual fee for registering shall be seventy-five dollars ($75.00) and registration shall be valid for a one-year period commencing on January 1. * * * * * * Section 2 That Chapter 8, BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES, of the Code of Ordinances, Section 8-1401, ELECTRICAL CONTRACTOR LICENSE AND REGISTRATION, is hereby amended by repealing subsections (b)(5) and (8) and in their entirety and enacting in lieu thereof new subsections (b)(5) and (8) relating to the same subject matter, which shall read as follows: SEC. 8-1401. ELECTRICAL CONTRACTOR LICENSE AND REGISTRATION * * * * * * (b) REGISTRATION AND LICENSE REQUIRED * * * * * * (5) Electrical Contractor Registration Fee: The annual registration fee for an Electrical Contractor shall be fifty dollars ($50.00). The annual fee shall be valid for a period commencing on January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked pursuant to this division. * * * * * * (8) Renewal of Registration: This annual fee for renewing a registration as an Electrical Contractor, pursuant to this division, shall be fifty dollars ($50.00) and shall be valid for an annual period commencing on January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked for cause. The Electrical Contractor shall be required to confirm that certain requirements are met each year before the registration will be renewed. The Electrical Contractor must also have proof of valid insurance meeting the requirements set forth herein on file and that the bond continue to be in place before the renewal will be completed. * * * * * * Section 3 That Chapter 8, BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES, of the Code of Ordinances, Section 8-1402, MECHANICAL CONTRACTOR LICENSE, by repealing subsections (e) and (i) in their entirety and enacting in lieu thereof new subsections (e) and (i) relating to the same subject matter, which shall read as follows: SEC. 8-1402. MECHANICAL CONTRACTOR LICENSE * * * * * *
Council Bill/General Ordinance No. 3010-2019 Page 3 (e) A mechanical contractor who has registered as same in any city or village in the State of Illinois shall be required to register and pay a fifty dollar ($50.00) administrative filing fee to engage in mechanical contracting in the City of Moline. The annual fee shall be valid for a period commencing on January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked for cause. An individual who presents a mechanical license from another city in Illinois will not be required to provide proof of testing, but will be required to submit an affidavit verifying a minimum of five (5) years as a mechanical contractor. * * * * * * (i) The annual fee for registering a mechanical contractor pursuant to this division shall be fifty dollars ($50.00) and shall be valid for an annual period commencing on January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked for cause. * * * * * * Section 4 That Chapter 8, BUILDINGS AND OTHER CONSTRUCTION AND BUILDING SERVICES, of the Code of Ordinances, Section 8-1405, SEWER SERVICE AND MAINTENANCE BUSINESS LICENSE, by repealing subsection (d) in its entirety and enacting in lieu thereof one new subsection (d) relating to the same subject matter, which shall read as follows: SEC. 8-1405. SEWER SERVICE AND MAINTENANCE BUSINESS LICENSE * * * * * * (d) The annual fee for registration pursuant to this division shall be fifty dollars ($50.00). Such registration shall be valid for one (1) year commencing on January 1 of each year. * * * * * * Section 5 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 6 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 Passed: Date Approved:
Council Bill/General Ordinance No. 3010-2019 Page 4 Attest: City Clerk Approved as to Form: City Attorney
SEC. 8-1304. ELECTRICAL APPEALS BOARD. (a) In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the electrical code, there shall be and hereby is created an electrical appeals board consisting of five (5) members who are qualified by experience and training to pass upon electrical matters and who are not employees of the City. The building official shall be an ex officio member of and shall act as secretary to said board. The members of said board shall be appointed by the mayor. The board shall adopt reasonable rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. (b) The term of office for members of the electrical appeals board shall be three (3) years, and they shall hold office until their successors are appointed and qualify. Said board is a continuation of the current electrical commission, and the staggering of terms shall follow the current practice. SEC. 8-1305. COMPENSATION OF MEMBERS. The members of the various appeals boards provided for in Sections 8-1300 through 8-1304 shall serve without compensation but may receive reimbursement for reasonable expenditures made in the performance of their duties, if such reimbursement is provided for in the annual budget of the City. DIVISION 4. LICENSING SEC. 8-1400. GENERAL CONTRACTOR LICENSE. (a) Any person, firm or corporation desiring to engage in the business of general contracting in the City of Moline shall file with the building inspector, to be approved by the building official, a license/permit bond in the penal sum of five thousand dollars ($5,000.00) conditioned on the faithful performance of all of the provisions of this Code and for all work performed under the license sought. Such surety is to be a company authorized to transact business in the State of Illinois. This shall be a continuing bond until canceled by notice. The surety shall have the right to cancel this bond for future liability upon sixty (60) days written notice to the City of Moline building official. (b) Said person, firm or corporation engaging in the business of general contracting in the City of Moline also shall register annually with the building official and no such person, firm or corporation shall engage in such business unless and until so registered. Registration shall consist of providing the business name of the person, firm or corporation; the legal name; the address of the business; the telephone number, if any; and the names and addresses of representatives, officers, or employees authorized to obtain permits in the business name. (1) Proof of liability insurance acceptable to the office of the building official in the type and amount listed below: Each applicant wishing registration as a contractor in the City of Moline shall obtain and maintain for the duration of such registration, public liability and property damage insurance in the minimum amount and form as hereby specified: $100,000.00 for each occurrence of property damage; and $300,000.00 for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be cancelled except upon written notification to the office of the building official at least thirty (30) days prior to the date of cancellation. Proof shall be a certificate of insurance; and (2) Proof that the applicant has obtained workers' compensation insurance or that the applicant is an approved self-insurer of workers compensation. Proof shall be either the Certificate of Insurance from the insurance provider or the Certificate of Approval as a self-insurer issued by the Illinois Workers Compensation Commission. Supplement No. 12 8-7
If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of workers compensation insurance. Such applicant s application shall include a sworn statement that said applicant has no employees. (c) The annual fee for registering shall be seventy-five dollars ($75.00) and registration shall be valid for a one-year period commencing on May 1 January 1. (d) A general contractor shall be taken to be any person, firm, partnership or corporation employed directly by any firm, person, partnership or corporation, who erects or reconstructs any building or parts thereof. A person engaged in any branch of building construction for which a license/permit bond is not required by ordinance shall be exempted from giving such bond under this section. SEC. 8-1401. (a) DEFINITIONS ELECTRICAL CONTRACTOR LICENSE AND REGISTRATION. (1) As used in this chapter, the term Electrical Contractor shall mean and include any person who is registered as such with the City, maintains a bond and insurance as required, and employs a Licensed Electrician to perform and supervise all electrical work undertaken by the contractor. Licensed Electricians employed by a firm or corporation to perform or to supervise electrical work do not need to individually register, so long as the firm or corporation is registered pursuant to this chapter and they remain employed by the firm or corporation. (2) As used in the chapter, the term Licensed Electrician shall mean and include any individual who is engaged in and has the necessary qualifications, training, experience, and technical knowledge to supervise and do electrical work in accordance with the standard rules and regulations governing the work and is licensed as required herein. (b) REGISTRATION AND LICENSE REQUIRED (1) Securing Permits: Only a registered Electrical Contractor may secure electrical permits and furnish electrical equipment and components for installation by the holder of a valid electrician license in the employ of the contractor, or to be installed under the supervision of the holder of a valid electrician license. (2) Licensed Electrician Status Required: If the person seeking to register as an Electrical Contractor is an individual acting as a sole proprietor, he or she must be a Licensed Electrician. If the individual seeking to register is a corporation, partnership, group or association, it must have an officer, partner, member or employee, an individual who is a Licensed Electrician. Proof of license can be shown as follows: a. An individual who presents an electrical license or registration from another city in Illinois will be required to submit a copy of that license and an affidavit verifying: i. They have worked for a minimum of five (5) years as an Electrical Contractor. ii. If such individual took and passed either the master s examination through Thomson Prometric or the International Code Council National Contractor Trades Examination Program, Standard Master Electrician exam, or a master s electrical examination administered through another state, they may state such in their affidavit, but testing is not required to prove proof of license under this subsection (b)(2)(a). b. An individual who does not present an electrical license or registration from another city in Illinois must provide proof thereof of a passing grade on either the master s examination through Thomson Prometric, 1260 Energy Lane, St. Paul, MN 55108, 1- (800)-280-3926; or the International Code Council National Contractor Trades Supplement No. 12 8-8
Examination Program, Standard Master Electrician exam only, 900 Montclair Road, Birmingham, AL 35213, 1-888-422-7233, www.iccsafe.org/contractor; or a master s electrical examination administered through another state. The passing test results are not subject to expiration as long as the individual is active in the electrical trade and submits an affidavit verifying a minimum of five (5) years electrical experience. (3) Notice of Discharge: Whenever a Licensed Electrician shall leave or be discharged from the employ of any person who is required by this section to employ a Licensed Electrician, a notice in writing thereof shall be given within five (5) days by both the employer and the Licensed Electrician to the building official, and the permit privileges of such person and Electrical Contractor shall without further order or action by the electrical inspector stand suspended until the employment of a Licensed Electrician. (4) Electrical Contractor Registration Application: The registration application shall state: a. The name of the applicant; b. The name of the contractor s business; c. Whether individual, corporation or partnership (if partnership, it shall include the names of all partners); d. The residence of the applicant; e. The address of the applicant s place of business; and f. The name, address and position of all Licensed Electricians in the Electrical Contractor s employ. (5) Electrical Contractor Registration Fee: The annual registration fee for an Electrical Contractor shall be fifty dollars ($50.00). The annual fee shall be valid for a period commencing on May 1 to April 30 January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked pursuant to this division. (6) Bond Requirements: Every person desiring to register as an Electrical Contractor shall furnish a license/permit bond in the penal sum of five thousand dollars ($5,000.00). The bond shall be conditioned upon the faithful performance of the applicant s work in accordance with the provisions of this Code and for all work performed under the license sought. Such surety is to be a company authorized to do business in the State of Illinois. This shall be a continuing bond until canceled by notice. The surety shall have the right to cancel this bond for future liability upon sixty (60) days written notice to the building official. (7) Certificate of Liability Insurance: Every person desiring to register as an Electrical Contractor shall submit a certificate of liability insurance naming the City of Moline as the certificate holder and in the type and amounts listed below: a. Public liability and property damage insurance in the minimum amount and form as hereby specified: $100,000.00 for each occurrence of property damage; and $300,000.00 for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be cancelled except upon written notification to the building official at least thirty (30) days prior to the date of cancellation. b. Proof that the applicant has obtained workers compensation insurance or that the applicant is an approved self-insurer of workers compensation shall be either the certificate of insurance from the insurance provider or the certificate of approval as a selfinsurer issued by the Illinois Workers Compensation Commission. Supplement No. 12 8-9
c. If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of workers compensation insurance. Such applicant s application for registration shall include a sworn statement that said applicant has no employees. (8) Renewal of Registration: This annual fee for renewing a registration as an Electrical Contractor, pursuant to this division, shall be fifty dollars ($50.00) and shall be valid for an annual period commencing on May 1 to April 30 January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked for cause. The Electrical Contractor shall be required to confirm that certain requirements are met each year before the registration will be renewed. The Electrical Contractor must also have proof of valid insurance meeting the requirements set forth herein on file and that the bond continue to be in place before the renewal will be completed. (9) No person permitted to register under the provisions of this division shall install or perform any electrical work after the expiration of the registration or the revocation of the registration pursuant to this division, unless the registration or renewal thereof shall have been received. HOMEOWNERS, EXCEPTION: Persons performing electrical work in the single family residence that they own and where they reside will not be required to register as an electrical contractor nor shall they be required to pay a registration fee; however, the building official shall require a sufficient display of electrical experience of a practical and elementary character so as to test their knowledge and qualifications of the electrical work to be done in the interest of safeguarding life and property. SEC. 8-1402. MECHANICAL CONTRACTOR LICENSE. (a) It shall be unlawful for any person to install, erect, alter, repair, service, reset or replace any system or parts or appurtenances thereto, regulated by the mechanical code unless such person or some member of the firm or corporation shall first have obtained a mechanical license pursuant to this division, or unless such person or the firm or corporation has regularly and steadily in said person, firm or corporation's employ a holder of a mechanical license, who shall be the authorized representative of the person, firm or corporation in all matters pertaining to this chapter. (b) The owner-occupant of a single dwelling house may, with the assistance of any member of said owner-occupant's family and household, personally carry on in said house, any work governed by this chapter without the license required by subsection (a), except for gas pressure testing; however, the owner-occupant shall obtain a permit for any such work and shall call for an inspection as provided in this chapter. Gas pressure testing must be done by a licensed mechanical contractor. (c) The eligibility of an applicant for a mechanical contractor license shall be of legal age to conduct business in the State of Illinois, and shall have a minimum of five (5) years experience in mechanical work under the supervision of a licensed mechanical contractor, or shall be a graduate mechanical engineer having not less than one (1) year experience in mechanical construction. Five (5) years experience may be reduced to one (1) year providing the applicant has satisfactorily completed a course of study, such as four (4) years apprenticeship or its equal, as determined and recognized by the mechanical board, pertaining to his/her mechanical license. or firm. (d) The license required by this article shall be issued only to an individual, and not to a corporation (e) A mechanical contractor who has registered as same in any city or village in the State of Illinois shall be required to register and pay a fifty dollar ($50.00) administrative filing fee to engage in mechanical contracting in the City of Moline. The annual fee shall be valid for a period commencing on May 1 to April 30 January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked for cause. An individual who presents a mechanical license from another city in Illinois will not be Supplement No. 12 8-10
required to provide proof of testing, but will be required to submit an affidavit verifying a minimum of five (5) years as a mechanical contractor. (f) Any person who first shall have filed proper application and later shall have satisfactorily passed an examination, as required by this division, shall be entitled to receive a license to do mechanical work and to register as a mechanical contractor and engage in the business of mechanical contracting. (g) The registration of a mechanical contractor, as required by this division, shall be made in writing to the code manager stating the name and place of business of the applicant and the name of the representative of the applicant who will act as supervisor of the work to be done under the registration. The application shall be accompanied by a satisfactory affidavit that the applicant or representative thereof passed the master s mechanical examination through Thomson Prometric, 1260 Energy Lane, St. Paul, MN 55108, 1-(800)-280-3926 or the International Code Council National Contractor Trades Examination Program, Standard Master Mechanical exam only, 900 Montclair Road, Birmingham, AL 35213, 1-888-422-7233, www.iccsafe.org/contractor. Applicant must have tested and passed the master s mechanical examination and provided proof of passing grade. The passing test results are not subject to expiration as long as the individual is active in the mechanical trade and submits an affidavit verifying a minimum of five (5) years mechanical experience. (h) Before any license required by this chapter is issued, the applicant therefor shall furnish a license/permit bond in the penal sum of five thousand dollars ($5,000.00). The bond shall be conditioned upon the faithful performance of the applicant's work in accordance with the provisions of this Code and for all work performed under the license sought. Such surety is to be a company authorized to do business in the State of Illinois. This shall be a continuing bond until canceled by notice. The surety shall have the right to cancel this bond for future liability upon sixty (60) days written notice to the code manager. (i) The annual fee for registering a mechanical contractor pursuant to this division shall be fifty dollars ($50.00) and shall be valid for an annual period commencing on May 1 to April 30 January 1 to December 31 of the following year, and shall remain in force and effect for that period of time, unless revoked for cause. (j) Said person, firm or corporation engaging in the business of mechanical contracting in the City of Moline shall provide proof of insurance to the code manager in the type and amounts listed below: (1) Proof shall be a certificate of insurance for public liability and property damage insurance in the minimum amount and form as hereby specified: $100,000.00 for each occurrence of property damage; and $300,000.00 for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be cancelled except upon written notification to the code manager at least thirty (30) days prior to the date of cancellation. (2) Proof that the applicant has obtained workers compensation insurance or that the applicant is an approved self-insurer of workers compensation shall be either the certificate of insurance from the insurance provider or the certificate of approval as a self-insurer issued the Illinois Industrial Commission. If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of workers compensation insurance. Such applicant s application shall include a sworn statement that said applicant has no employees. (k) No person permitted to register under the provisions of this division shall install or repair mechanical equipment after the expiration of the registration or after the registration shall have been revoked pursuant to this division, unless the registration or renewal thereof shall have been received. (l) A license required by this division is prohibited from being loaned, rented, assigned, or transferred. SEC. 8-1403. PLUMBING LICENSE. Supplement No. 12 8-11
No person shall be allowed to do plumbing or receive a permit therefor within the City of Moline unless and until licensed as a plumber under the Plumbing License Law (225 ILCS 320/1 et seq.), or unless exempted from the licensing requirements of said law. In order to obtain a plumbing permit, the person applying therefor shall post a State of Illinois plumbing license for the business or corporation and a State of Illinois plumbing license for the individual holding a plumbing license who shall be an officer of the business or corporation. SEC. 8-1404. ROOFING CONTRACTOR LICENSE. No person shall be allowed to engage in the business of roofing contractor or receive a permit to perform such work within the City of Moline unless and until licensed or certified as a roofing contractor under the Roofing Industry Licensing Act (225 ILCS 335/1 et seq.), or unless exempted from the licensing requirements of said Act, and shall follow the registration and licensing requirements for a general contractor. SEC. 8-1405. SEWER SERVICE AND MAINTENANCE BUSINESS LICENSE. (a) Service and maintenance business for purposes of this chapter shall mean the trade, practice, performance for valuable consideration, or occupation of cleaning sewer laterals and mains and septic systems by mechanical, hydraulic, or other means. (b) No person shall engage in the service and maintenance business unless and until such person or the firm by whom such person is employed is registered with the building official, and no permit will be issued for such work unless so registered. (c) A person registering as a service and maintenance business shall provide the business name, the legal name, the address, and telephone number, if any, of the person, firm, or corporation registering hereunder. In addition, such person shall provide the names and addresses of representatives, officers, or employees authorized to obtain permits in the business name. (d) The annual fee for registration pursuant to this division shall be fifty dollars ($50.00). Such registration shall be valid for one (1) year commencing on May 1 January 1 of each year. (e) In order to obtain a license, the person applying therefor must post a license/permit bond in the penal sum of five thousand dollars ($5,000.00) conditioned upon the faithful performance of the applicant s work in accordance with all laws of the state and the City relating to plumbing or service and maintenance work and for all work performed under the license sought. Such surety is to be a company authorized to do business in the State of Illinois. This shall be a continuing bond until canceled by notice. The surety shall have the right to cancel this bond for future liability upon sixty (60) days written notice to the building official. (f) Said person, firm or corporation engaging in the business of sewer cleaning in the City of Moline shall provide proof of insurance to the building official in the type and amounts listed below: (1) Proof shall be a certificate of insurance for public liability and property damage insurance in the minimum amount and form as hereby specified: $100,000.00 for each occurrence of property damage; and $300,000.00 for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be cancelled except upon written notification to the building official at least thirty (30) days prior to the date of cancellation. (2) Proof that the applicant has obtained workers compensation insurance or that the applicant is an approved self-insurer of workers compensation shall be either the certificate of insurance from the insurance provider or the certificate of approval as a self-insurer issued the Illinois Workers Compensation Commission. Supplement No. 12 8-12
Council Bill/General Ordinance No. 3011-2019 Sponsor: AN ORDINANCE AMENDING Chapter 31, TAXATION, of the Moline Code of Ordinances, Article I, HOTEL-MOTEL TAXES, by repealing said article in its entirety and enacting in lieu thereof one new Article I, HOTEL AND VACATION RENTAL TAXES, relating to the same subject matter. WHEREAS, Chapter 31, Article I, of the Moline Code of Ordinances, pertains to the imposition, transmittal and collection of taxes on hotels and motels within the City; and WHEREAS, City staff has reviewed the trend of vacation rentals and bookings through online companies such as Airbnb, VRBO, Expedia, and others, and determined that the City s ordinance should be amended to allow the City to capture taxes resulting from such vacation rentals; and WHEREAS, this ordinance will amend the article s current definitions and other provisions for hotel and motel taxes to include taxation of vacation rental units; and WHEREAS, this ordinance will also amend Sec. 32-1100, currently reserved for future use, to add the Special Service Area No. 7 hotel tax imposed by Council Bill/Special Ordinance No. 4063-2018, adopted January 8, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 That Chapter 31, TAXATION, of the Moline Code of Ordinances, Article I, HOTEL-MOTEL TAXES, is hereby amended by repealing said article in its entirety and enacting in lieu thereof one new Article I, HOTEL AND VACATION RENTAL TAXES, relating to the same subject matter, which shall read as follows: ARTICLE I. HOTEL AND VACATION RENTAL TAXES SEC. 31-1100. DEFINITIONS. For the purpose of this article, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section: (1) Hotel. Any building or structure, or portion thereof, in which the public may, for consideration, obtain living quarters or sleeping accommodations, including but not limited to those booked through online travel companies, businesses or websites, including Airbnb.com, VRBO.com, Craigslist.org or similar websites. The term includes motels, short term rentals, inns, tourist homes, lodging houses, rooming houses, apartment houses and residential homes. (2) Online Travel Company shall be referenced as OTC throughout this article, and means an
Council Bill/General Ordinance No. 3011-2019 Page 2 of 4 organization that books, reserves, or rents hotel accommodations and makes other travel arrangements for consumers via the internet or other digital means. (3) Operator. Operator means any person engaged in the business of selling or reselling the right to occupy hotel or vacation rental accommodations to the public, whether online, in person or otherwise. (4) Person. Person means any natural person; trustee, court appointed representative; syndicate; association; partnership; firm, club, company; corporation; business trust; institution; agency; government corporation; municipal corporation, district, or other political subdivision; contractor; supplier, vendor; vendor operator; user or owner; or any officers, agents, employees, or other representatives of any of the above, acting either for such person or entity or for any other person in any capacity; or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstances. (5) Renter. Renter means the user, lessee or tenant of a hotel room or vacation rental unit. (6) Room Rental Rate. The consideration received for occupancy, valued in money, whether received in money or otherwise, including all receipts, cash, credits and property or services of any kind or nature. This shall also include (a) the net rate paid to the hotel by the OTC for room occupancy by the consumer, and (b) the amount retained by the OTC for travel-related services it provides to the traveler (sometimes referred to as a facilitation fee ), and any additional amount retained by the OTC as compensation for its travel services to the consumer for the individual transaction, or in the instance of a direct rental of a room or rooms by the consumer with the hotel, the room rental rate shall mean the amount charged by the hotel directly to the consumer for the occupancy of the room. (7) Vacation Rental Unit. A dwelling unit or a habitable unit that is offered for rent, lease, or hire that is rented, leased or hired for which an owner or operator receives consideration from a person and that person has the right to use, occupy or possess the dwelling unit or habitable unit for said period. SEC. 31-1101. HOTEL AND VACATION RENTAL USE TAX IMPOSED. (a) There is hereby levied and imposed a tax of seven percent (7%) of the rent charged for the privilege of renting and use of a hotel room or vacation rental unit within the City of Moline for each twenty-four (24) hour period or any portion thereof for which a daily room charge is made. (b) The ultimate incidence of any liability for payment of said tax is to be borne by the renter of a hotel room or vacation rental unit. (c) The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner, manager, OTC and/or operator of every hotel room and vacation rental unit to secure said tax from the renter of the hotel room or vacation rental unit and to issue payment to the accounts and finance officer of the City of Moline pursuant to said tax under procedures prescribed by the accounts and finance officer or as otherwise provided in this article. (d) Every owner, operator and OTC shall be required to collect the tax levied by this article and shall secure said tax from the renter at the time said owner, operator and OTC collects the rental payment for the hotel room or vacation rental unit. (e) The amounts collected by this tax shall be deposited in the General Fund of the City to be used for various purposes as determined by the City Council.
Council Bill/General Ordinance No. 3011-2019 Page 3 of 4 SEC. 31-1102. SPECIAL SERVICE AREA NO. 7 HOTEL TAX. (a) In addition to all other taxes levied in this chapter, there is hereby levied and imposed upon all owners, operators and OTC engaged in the business of renting, leasing or letting hotel rooms within Special Service Area No. 7 a tax of two and one-tenth percent (2.1%) of the gross rental receipts from such renting, leasing or letting. (b) The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner and OTC of every hotel within Special Service Area No. 7 to pay over said tax to the accounts and finance officer of the City of Moline under procedures prescribed by the accounts and finance officer, or as otherwise provided in this article. (c) The amounts collected by this tax shall be expended solely for the ongoing maintenance of public amenities and facilities located within the boundaries of Special Service Area No. 7. SEC. 31-1102A. SPECIAL SERVICE AREA NO. 5 HOTEL TAX. (a) In addition to all other taxes levied in this chapter, there is hereby levied and imposed upon all owners, operators and OTC engaged in the business of renting, leasing or letting hotel rooms within Special Service Area No. 5 a tax of one percent (1%) of the gross rental receipts from such renting, leasing or letting. (b) The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner and OTC of every hotel within Special Service Area No. 5 to pay over said tax to the accounts and finance officer of the City of Moline under procedures prescribed by the accounts and finance officer, or as otherwise provided in this article. (c) The amounts collected by this tax shall be expended solely for the ongoing maintenance of public amenities and facilities located within the boundaries of Special Service Area No. 5. SEC. 31-1103. BOOKS AND RECORDS. The accounts and finance officer or authorized designee may enter the premises of any hotel or vacation rental unit for inspection and examination of records in order to effectuate the proper administration of this article, and to assure the enforcement of the collection of the taxes imposed. It shall be unlawful for any person to prevent, hinder, or interfere with the said accounts and finance officer or designee in the discharge of said director s duties in the performance of this article. It shall be the duty of every owner, operator and OTC to keep accurate and complete books and records to which the accounts and finance officer shall at all times have full access, which records shall include a daily sheet showing (1) the number of hotel rooms or vacation rental units rented during the twenty-four (24) hour period, including multiple rentals of the same hotel room or vacation rental units where such shall occur; and (2) the actual hotel or vacation rental unit tax receipts collection for the date in question. SEC. 31-1104. TRANSMITTAL OF TAX REVENUE. (a) Commencing on the first day of April 1, 2019, the owner, operator and/or OTC of each hotel room or vacation rental unit within the City of Moline shall file tax returns showing tax receipts received with respect to each hotel room and vacation rental unit during each month commencing on or after April 1, 2019. The return shall be due on or before the last day of each succeeding calendar month and the return shall indicate for what period the return is filed, i.e., the return filed on or before the last day of February shall indicate that it is for tax receipts for the period January 1 to January 31, inclusive. If the owner, operator and/or OTC s average monthly tax receipts do not exceed one hundred dollars ($100.00) when using as a minimum the last six (6) consecutive months for a data base, the accounts and finance officer may authorize the owners to file the return on a quarterly basis, with the return for January, February and March of a given year being due on or before April 30 of such year; with the return for April, May and June of a given year being due on or before July 31 of such year; with the return for July, August and September of a given year being due on or before October 31 of such year; and the return for October, November and December of a given year being due on or before January 31 of the following year.
Council Bill/General Ordinance No. 3011-2019 Page 4 of 4 (b) If for any reason any tax is not paid when due, a penalty at the rate of one and one-half percent (1½%) per thirty (30) day period, or portion thereof, from the date of delinquency shall be added and collected. SEC. 31-1105. COLLECTION. Whenever any owner, operator and/or OTC fails to pay any tax as herein provided, the city attorney, upon the request of the accounts and finance officer, shall bring or cause to be brought an action to enforce the payment of said tax on behalf of the City in any court of competent jurisdiction. SEC. 31-1106. PENALTIES. (a) Any owner, operator and/or OTC found guilty of failing to pay, collect, report, or transmit said hotel or vacation rental unit tax to the accounts and finance officer in accordance with the terms of this article shall, except when otherwise specifically provided, be guilty of an offense and upon the first conviction therefor within a two (2) year calendar period, be punished by a fine of not less than two hundred dollars ($200.00) nor more than two hundred ninety-nine dollars ($299.00), and upon the second and third convictions therefor within said period be punished by a fine of not less than three hundred dollars ($300.00) nor more than seven hundred fifty dollars ($750.00). (b) A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any violation of this article, or permit any such violation to exist after notification thereof. SEC. 31-1107. SEVERABILITY. If any provision of this article, on the application thereof to any person or circumstances, is held invalid, the remainder of this article and the application of such provisions to other persons or circumstances shall not be affected thereby. 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 Passed: Date Approved: Attest: City Clerk Approved as to Form: City Attorney
Council Bill/Resolution No. 1038-2019 Sponsor: A RESOLUTION AUTHORIZING the Mayor and City Clerk to execute a Letter of Agreement between the City of Moline and Lisa A. Kotter. WHEREAS, this matter was discussed at the City Council meeting of April 2, 2019, and changes were made to the version of the agreement that was initially attached to this Resolution; and WHEREAS, the City Council approved of the changes on April 2, 2019, but seeks to formalize the changes by attaching the final version to this Resolution. 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 Letter of Agreement between the City of Moline and Lisa A. Kotter; provided, however, that said Letter of Agreement is in substantially similar 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 Passed: April 2, 2019 April 2, 2019 Date Approved: April 9, 2019 Attest: City Clerk Approved as to Form: City Attorney
EXHIBIT A CITY OF MOLINE EMPLOYMENT AGREEMENT OF CITY ADMINISTRATOR This Agreement is entered into by and between the City of Moline (hereinafter, the City ) and Lisa Kotter (hereinafter, the City Administrator ). The City and City Administrator are each a party to this Agreement. RECITALS WHEREAS, the City is a Home Rule unit of government as provided by the Illinois Constitution, (Ill. Const. 1970, Art. VII, Sec. 6), and as such may exercise powers and perform functions pertaining to its government and affairs; and WHEREAS, the City desires to employ the services of Lisa Kotter as City Administrator of the City of Moline under the terms and conditions provided for in the Moline Code of Ordinances and as set forth herein; and WHEREAS, the City Council desires to provide certain benefits, establish certain conditions of employment and to set working conditions of employment for the City Administrator; and WHEREAS, Lisa Kotter desires to accept employment as the City Administrator of the City of Moline, Illinois; and WHEREAS, the parties hereto wish to reduce the employment relationship existing between them to written form. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: SECTION 1. DUTIES: City Administrator will perform the duties and functions of City Administrator as specified in the Moline Code of Ordinances and perform all other legally permissible and proper duties and functions as the City Council may from time to time assign. SECTION 2. SALARY: The City agrees to pay the City Administrator, and City Administrator will accept as compensation for work hereunder, an annual base salary of $175,000.00. The City may change such base salary and/or other benefits of the City Administrator in such amounts and to such extent as the City Council may determine is desirable from time to time, at its discretion. The City will not reduce City Administrators salary and benefits unless such reduction is part of a city-wide initiative. SECTION 3. PERFORMANCE EVALUATION: A. The City Council shall review and evaluate the performance of the City Administrator on a quarterly basis for the City Administrator s first year of employment with the City. 1
Thereafter, the City Council will review and evaluate the City Administrator s performance on an annual basis, unless City Council determines such reviews are needed on a more frequent basis. Such review and evaluation shall be in accordance with the specific criteria developed jointly by the City Council and the City Administrator. In consultation with the City Administrator, such criteria may be added to or deleted from as the City Council may from time to time determine. Further, the City Council shall provide the City Administrator with a written summary statement of the findings and provide an adequate opportunity for the City Administrator to discuss her evaluation with the City Council. The failure of the City to complete the matters set forth in this Paragraph A shall not constitute a breach of this Agreement provided they are completed within thirty (30) days upon written request of the City Administrator. B. Annually, the City Council and the City Administrator shall define such goals and performance objectives which they determine necessary for the proper operation of the City and, in the attainment of the City s policy objectives, shall further establish a relative priority among those various goals and objectives. Said goals and objectives, when reduced to writing, shall be attached hereto as Schedule A and incorporated herein by this reference. The parties hereto expressly understand and agree that Schedule A may be amended by addition, deletion, and substitution from time to time as the City Council and City Administrator may then jointly determine and such amended Schedule A shall become effective when signed by the City Administrator and a representative of the City Council. The goals and performance objectives shall generally be attainable within the time limitations specified and the annual operating and capital budgets and appropriations provided. C. On or before the last City Council meeting each year, the City Council may determine what additional salary increase, if any, shall be given to the City Administrator. SECTION 4. SUSPENSION: The City Council may, at any time and for no cause or any cause at all, suspend the City Administrator with full pay and benefits. SECTION 5. TERM, TERMINATION AND SEVERANCE PAY: A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of the City Administrator at any time, subject only to the provisions set forth in this Section 5. B. The City Administrator may resign from her position of employment at any time upon thirty (30) days prior written notice to the City; such time may be shortened at the discretion of the City. The City Administrator shall be entitled to all leave pay-outs as are accorded other non-union employees of the City or otherwise required by law. C. The City Administrator shall remain in the exclusive employ of the City and agrees to neither accept other employment nor become employed by any other employer unless and until her employment is properly terminated under one of the provisions of this Section 5. D. In the event the City Administrator is terminated by the City Council during such time as the City Administrator is willing and able to perform her duties under this Agreement, 2
then, in that event, the City agrees to provide thirty (30) days prior written notice to the City Administrator; such time may be shortened at the discretion of the City Administrator and severance pay equal to thirty (30) days of salary, payable in one lump sum if the City Administrator executes a Release of Claims as proposed by the City. In the event the City Administrator obtains new employment within the thirty-day severance period following such termination of her employment with the City, the City Administrator agrees to repay, on a prorated basis, her severance payment to the City. E. However, in the event the City Administrator is terminated for cause, the City shall have no obligation to pay the severance sum designated in this paragraph. Further, any payments made to the City Administrator (except for hours worked) after the commencement of any such charges on any of the enumerated causes, but before termination, shall be repaid to the City upon such termination. In this event this Agreement is terminated by the City for cause, the City Administrator shall be entitled only to payment of vacation time which has accrued as of the date of termination. For the purposes of this paragraph, cause shall include : (1) her conviction of any felony or any illegal act involving personal gain to her; or (2) any other crime of moral turpitude committed by City Administrator; or (3) the abandonment of her position without cause; (4) misconduct as defined by the Government Severance Pay Act, 5 ILCS 415/5; (5) the violation by the City Administrator, as determined by a majority of the City Council following an internal investigation of the same conducted in accordance with City practice and policy, of local, state, or federal laws or City policies prohibiting the harassment of another person on the basis of sex, race, color, religion, national origin, ancestry, sexual orientation, or other characteristic protected by law of City policy; (6) the repeated failure of the City Administrator to enact directives given by a majority vote of the City Council; (7) a finding by a majority of the City Council that the City Administrator has violated any employment policy or rule established by the City; (8) a finding by a majority of the City Council that the City Administrator has engaged in any act of dishonesty in connection with the performance of her job responsibilities; or (9) a finding by a majority of the City Council that the City Administrator has materially failed to adequately perform the duties and responsibilities of her job position. Prior to any termination under sub-paragraphs (6), (7), or (9) of this Section 5, the City will provide written notice to the City Administrator of any performance deficiencies at issue and give the City Administrator no less than thirty (30) days to correct and improve her performance to the satisfaction of City Council. Such notice and an opportunity to improve performance will not apply to termination decisions under the remaining sub-paragraphs of this Section 5 or when a majority of the City Council determines the severity of the offense/conduct warrants immediate termination of the Agreement. F. This Agreement shall terminate immediately in the event of the City Administrator s death or disability. For the purposes of this Agreement, disability means the City Administrator is unable to reasonably perform the duties of her position hereunder for a period of thirty (30) consecutive days due to a physical or mental condition (including 3
sickness or injury) as determined by the City Council. In the event this Agreement is terminated under this sub-paragraph (F), the City shall have no obligation to pay any severance compensation. An exception to this provision would occur in the event that the City Administrator has sufficient accrued and accumulated sick leave time available to cover her time while away from work due to a legitimate illness or injury, verified by written opinion of a certified physician, or if she is eligible for leave in accordance with the Family and Medical Leave Act. The City Administrator s employment as set forth herein shall not be terminated in violation of any federal, state, or local law. G. This Agreement shall be in effect from the date of approval and execution by the City, after having been executed by the Employee, until, 2020. This Agreement may be renewed on an annual basis thereafter upon written agreement of the City and City Administrator. SECTION 6. HOURS OF WORK: City Administrator agrees to devote her full time to this position and its responsibilities. City Administrator shall be available on weekends or holidays when pressing City issues arise requiring prompt attention unless she is on vacation, incapacitated due to illness, injury, or otherwise unavailable and an acting City Administrator has been identified. It is recognized that the City Administrator must devote a great deal of time outside the normal office hours to the business of the City and to that end the City Administrator will be allowed to infrequently take time off as appropriate during such normal office hours. Nothing herein is intended to create anything other than a salaried position, and the City Administrator s compensation is for the total services tendered and not for any specific number of hours. SECTION 7. OUTSIDE ACTIVITIES: City Administrator shall not spend time in outside activities, such as teaching, counseling, consulting, or other non-city connected business without the prior written approval of the City Council. SECTION 8. CELLULAR PHONE, LAPTOP COMPUTER, AND OTHER REIMBURSEMENTS: City Administrator s duties require that she use a computer. The City agrees to provide the City Administrator with a laptop computer for the City Administrator s use in connection with her job duties. The City will further provide a City cell phone for the City Administrator s use or will otherwise reimburse the City Administrator $40.00 per month if she chooses to use her own phone for City business instead. Any reimbursement for other expenditures or losses incurred by the City Administrator within her scope of employment and directly related to services performed for the City may be made pursuant to City policy and in accordance with applicable law. SECTION 9. AUTOMOBILE: The City Administrator is not entitled to any Automobile Allowance. City Administrator will have use of a City fleet vehicle to conduct City Business which the City will supply insurance, gasoline and necessary maintenance. However, in the case a City fleet vehicle is not available, the City agrees to pay the City Administrator the mileage rate established by 4
the Internal Revenue Service for the City Administrator s use of her personal automobile for City business. SECTION 10. VACATION AND SICK LEAVE: City Administrator shall be provided with two (2) weeks of vacation during the first six (6) months of her employment. Thereafter, the City Administrator shall accrue vacation at a rate of four (4) weeks annually. The City Administrator may bank up to eight (8) weeks of vacation (which constitutes two (2) years worth of accumulated vacation), consistent with current City policy for non-union employees. The City Administrator shall be provided in accordance to City Policy as provided to other nonunion City Department Directors. SECTION 11. HEALTH INSURANCE: The City agrees to provide major medical, dental, vision, prescription drug and IRC Section 125 plan coverages for the City Administrator and her dependents as provided to other non-union City employees. SECTION 12. RETIREMENT: The City agrees to make FICA, Medicare, and Illinois Municipal Retirement Fund (IMRF) contributions, as required by law, for the benefit of the City Administrator subject to the same terms and conditions as provided to other non-union City employees. SECTION 13. PROFESSIONAL DEVELOPMENT AND ANNUAL MEMBERSHIPS The City agrees to budget and pay for reasonable professional dues and subscriptions of the City Administrator necessary for full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement and for the good of the City. The City agrees to budget for and to pay the travel and subsistence expenses of the City Administrator necessary to adequately pursue such professional development of the City Administrator. Such professional development expenditures shall be subject to the City s budgeting process. Additionally, reimbursement for expenses relating to the travel and subsistence in pursuing professional development shall be subject to the City s reimbursement policies in effect from time to time and in accordance with applicable law. The City further agrees to budget and pay for annual memberships with the International City/County Management Association (ICMA), the Illinois City/County Management Association (ILCMA), and a local fraternal organization such as Moline Rotary Club or Kiwanis Club. Such annual memberships shall be subject to the City s budgeting process. City Administrator must remain an active member of at least one local fraternal organization during the term of her employment with the City. SECTION 14. BONDING: 5
The City shall bear the full cost of any fidelity or other bonds required of the City Administrator under any law or ordinance. SECTION 15. INDEMNIFICATION The City shall defend, save harmless, and indemnify the City Administrator as provided by any City ordinance or any Illinois law and against any lawsuit, claim, demand or other legal action arising out of an alleged act or omission in the performance of the City Administrator s duties. Provided, however, this indemnification shall not apply to any lawsuit, claim, demand, or other legal action arising from the willful misconduct of the City Administrator. SECTION 16. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The City, in consultation with the City Administrator, shall fix any such other conditions of employment, as it may determine from time to time, relating to the performance of the City Administrator, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the ordinances of the City of Moline or the laws of the State of Illinois. B. All provisions of the Moline Code of Ordinances, regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to the City Administrator as they would to other employees of the City, subject to the Fair Labor Standards Act and the State of Illinois requirements, except as otherwise provided herein. The parties agree and understand that the City may call the City Administrator, if necessary, while the City Administrator is on vacation. C. The City Administrator must receive the approval of the Mayor for absences from the City for periods longer than ten (10) consecutive days. SECTION 17. RESIDENCY AND RELOCATION EXPENSES: The City Administrator agrees that she shall establish her permanent residence within the corporate limits of the City of Moline within six (6) months following the effective date of this Agreement. The City will provide up to $3,775 reimbursement to City Administrator for expenses associated with moving and relocating to the City of Moline. Reimbursement will be made upon presentation to the City of receipt(s) for such reasonable costs. SECTION 18. GENERAL PROVISIONS A. This Agreement constitutes the entire agreement between the City and the City Administrator. This Agreement may be amended by written agreement, signed by the City and the City Administrator. B. The failure of either party to require strict compliance by the other party with any provision of this Agreement on one or more occasions will not constitute a waiver of the right to require strict compliance with the provision on any later occasion. C. This Agreement shall inure to the benefit of the heirs at law and executors of the City Administrator. D. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain unaffected. 6
E. This Agreement will be governed by and construed in accordance with the laws of Illinois. Exclusive venue for all proceedings regarding this Agreement shall be Rock Island County, Illinois. F. This Agreement is effective beginning, 2019. G. This Agreement was approved by the City Council on the day of April, 2019. City and City Administrator have each retained an original copy. Lisa A. Kotter CITY OF MOLINE, ILLINOIS By: Stephanie Acri, Mayor Attest: City Clerk STATE OF ILLINOIS ) ) ss: COUNTY OF ) I, the undersigned, a Notary Public in and for the aforesaid county and state, do hereby certify that, LISA A. KOTTER, the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered said instrument as her free and voluntary act for the uses and purposes therein set forth. Given under my hand and seal this day of, 2019. Notary Public 7
Council Bill/Resolution No. 1039-2019 Sponsor: A RESOLUTION AUTHORIZING the ceding of Home Rule Volume Cap. WHEREAS, the City is a municipality and a home rule until of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, Section 146 of the Internal Revenue Code of 1986 provides that the amount of home rule volume cap which may be used by the City of Moline ( City ) as a constitutional home rule unit is equal to its population multiplied by $105.00; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 ILCS 345/1 et.seq. provides, among other things that the corporation authorities of any home rule unit may reallocate to a state agency any portion of its unused allocation of volume cap; and WHEREAS, the City has available 2019 volume cap and desires to utilize this cap in cooperation with the Quad Cities Regional Economic Development Authority (QCREDA) to support projects that will create jobs and expand the City s tax base. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the City of Moline, Illinois hereby agrees to reallocate to the Quad Cities Regional Economic Authority (QCREDA) its 2019 home rule volume cap allocation in the amount of $4,434,255 to be used to support projects that will provide job opportunities and new investments. BE IT FURTHER RESOLVED the Finance Director is hereby authorized to execute a Letter of Agreement with QCREDA consenting to such allocation on behalf of the City as authorized. BE IT FURTHER RESOLVED the Finance Director shall provide a notice of such allocation to the Office of the Governor of the State of Illinois and that this resolution shall be effective from and after its passage. CITY OF MOLINE, ILLINOIS Mayor Date April 9, 2019
Council Bill/Resolution No. 1039-2019 Page 2 Passed: April 9, 2019 Approved: April 16, 2018 Attest: City Clerk Approved as to form: City Attorney
March 4, 2019 QUAD CITIES REGIONAL ECONOMIC DEVELOPMENT AUTHORITY 622 Nineteenth Street Moline Illinois 61265 Tel: 866-325-7525 Web: www.qcreda.com The Honorable Stephanie Acri, Mayor City of Moline 619 16th Street Moline, IL 61265-2121 Dear Mayor Acri: The Quad Cities Regional Economic Development Authority (QCREDA) respectfully requests consideration for the transfer of your 2019 Home Rule Volume Cap to QCREDA for economic development and housing projects. We have mutually benefited from working with other communities that have allowed QCREDA to successfully issue over $198,791,078 in bonds that have created over 2,498 jobs. QCREDA has developed relationships with home rule communities and other regional development authorities in working together to accommodate the Volume Cap needs of their projects. Some years, we have more projects than Volume Cap and other years we have more Volume Cap than projects. At the end of the calendar year, Volume Cap can be carried forward for three years, but once carried forward, it can no longer be transferred. We have developed a mutually beneficial relationship between communities, counties and other regional development authorities to graciously share this valuable resource for the benefit of the region. We feel it is fair to help a neighbor that has helped us in the past. The rising tide raises all of the boats. As you may be aware, home rule communities receive a direct allocation in 2019 equal to their population times $105. The 2019 State of Illinois Allocation guidelines identify Moline's population at 42,231, so your 2019 Volume Cap Allocation is $4,434,255. You are required to obligate this allocation by May 1 st of each calendar year or it automatically goes back to the State of Illinois for reallocation to other entities in June of each calendar year. If the City of Moline would consider passing an ordinance transferring their 2019 allocation to QCREDA prior to May 1 st, then QCREDA would be able to keep this cap until December 31 st. This action would allow the City to maintain control of their Volume Cap past May 1 st. QCREDA is interested in serving in this capacity in order to develop a relationship with home rule communities to be able to trade cap in up and down years. We respectfully request if you have no need for the cap by September 1 st that you allow us to use it to benefit the residents of QCREDA. If the City is interested, I have taken the liberty of enclosing a draft ordinance for you to review as well as a draft letter to the Governor s Office. I am available to meet with any City official you wish regarding this matter. Please call me at 866-325- 7525 if you have any questions. Please send a copy of the Ordinance/Resolution and notification letter to the Governor s Office of Management and Budget, as well as a copy to QCREDA Chicago at 1032 S. Vine Ave, Park Ridge, IL 60068. Sincerely, Andrew Hamilton Executive Director
ORDINANCE A SPECIAL ORDINANCE AUTHORIZING THE CEDING OF PRIVATE ACTIVITY BONDING AUTHORITY WHEREAS, the Internal Revenue Code of 1986 provides that the amount of private activity bonds which may be issued by the City of Moline ( City ) as a constitutional home rule unit is equal to its population multiplied by $ 105.00; and WHEREAS, the Illinois Private Activity Bond Allocation Act (30 ILCS 345/1 et seq.) provides, among other things, that the corporate authorities of any home rule unit may reallocate to a state agency any portion of its unused allocation of volume cap; and WHEREAS, the City of Moline has available year 2019 volume cap and desires to utilize this cap in cooperation with the Quad Cities Regional Economic Development Authority (QCREDA) to support the projects that will create jobs and expand the City s tax base; NOW THEREFORE, be it ordained by the City Council of the City of Moline, Illinois: Section 1. Consent to Reallocate to QCREDA. The City hereby agrees to reallocate to the Quad Cities Regional Economic Development Authority its 2019 private activity volume bonding cap in the amount of $4,434,255. Said private activity volume bonding cap shall be used to support projects that will provide job opportunities and new investments. Section 2. Letter of Agreement. The City Finance Director is hereby authorized to execute a letter of agreement with QCREDA consenting to such allocation on behalf of the City as authorized. Section 3. Maintaining Records. The City Finance Director is hereby authorized to maintain such record of the allocation for the term of the bonds issued pursuant to such allocation. Section 4. Notice. The Mayor shall provide notice of such allocation to the Office of the Governor. Section 5. Effective Date. This ordinance shall be effective from and after its passage. Signed: Mayor Attest: City Clerk Passed Approved
Date Office of the Governor Governor s Office of Management and Budget Debt Management Unit-Volume Cap Submissions JRT, 100 W Randolph Street- Suite 15-100 Chicago IL 60601 Attention: Sophia Ronis Re Issuer: City of Moline Total 2019 Volume Cap Allocation: $4,434,255 Volume Cap Allocations granted, transferred, or reserved by Issuer resolution prior to May 1, 2019: 1. Principal Amount of Issue: 0 Bond Description N/A 2. Total Allocation Granted or Reallocated: $4,434,255 Reallocated to: Quad Cities Regional Economic Development Authority See attached ordinance. Sincerely,
CITY OF MOLINE PRIVATE ACTIVITY BOND AUTHORITY HISTORY 1993 Single Family Mortgage Program 1994 City of East Moline Water Service Extension Project 1995 QCREDA Whitey s Ice Cream Mfg 1996 QCREDA Radisson Hotel 1997 QCREDA Plastic Products Company 1998 QCREDA 1999 QCREDA 2000 Single Family Mortgage Program 2001 QCREDA/IHDA (50/50) 2002 QCREDA/IHDA (50/50) Heritage Woods Housing Project 2003 QCREDA Pheasant Ridge Housing Project 2004 QCREDA/IHDA (48/52) One Moline Place 2005 QCREDA/IHDA (50/50) 2006 QCREDA/IHDA (33/67) 2007 QCREDA/IHDA (30/70) 2008 QCREDA/IHDA (41/59) 2009 QCREDA/IHDA (74/26) 2010 QCREDA 2011 QCREDA 2012 QCREDA 2013 QCREDA 2014 QCREDA 2015 QCREDA 2016 QCREDA 2017 QCREDA 2018 QCREDA
CITY OF MOLINE POLICY ON CEDING OF HOME RULE VOLUME CAP 1. Home Rule Volume cap will first be used to support any eligible economic development project within the City of Moline. Private activity bonds allow a business to access below market rate financing for an eligible activity. Current IRS rules restrict the types of uses for private activity bonds to manufacturing projects. These bonds may be issued under certain conditions for residential rental property, airports, docks, wharves, mass communing facilities, high-speed rail facilities, sewage, solid waste or hazardous waste disposal facilities, environmental enhancements of hydroelectric generating facilities, facilities for the local furnishing of electric energy or gas, facilities for the furnishing of water, or local district heating or cooling facilities. As there is a value to the City to be able of offer this type of financing for appropriate projects, it therefore shall be retained as long as possible prior to the May 1st deadline for ceding of authority. 2. If no economic development projects are identified prior, the City of Moline will consider ceding its authority to another area community for a pending economic development project. A neighboring Illinois community may request volume cap to undertake an economic development project. It would be possible that the project could have some benefit to Moline residents (i.e. job creation). Therefore, if the City has no use for its authority and a neighboring community does, the cap would be ceded to the neighboring community. 3. If volume cap is not used to support an economic development project within the City of Moline or is not ceded to another area community for a pending economic development project, the City s volume cap will be ceded to the Quad City Regional Economic Development Authority. Ceding the authority to QCREDA has several advantages. First, it allows the City to control its use until September of each year thereby extending the opportunity to use the volume cap as an economic development tool. Second, it avoids the volume cap allocation reverting to the State and its use completely out of the City s control. Finally, if the volume cap is not used by the City and can be used by QCREDA, it ensures that the project will be used within QCREDA s area of coverage (Rock Island, Henry, and Mercer Counties) with the potential to provide some area-wide or indirect benefit to the City of Moline. Approved March 26, 1996 by Council Resolution 54-90
Council Bill/Resolution No. 1040-2019 Sponsor: A RESOLUTION AUTHORIZING the Mayor and City Clerk to execute a Road Salt Purchase Agreement for the 2019-2020 Season with the City of Davenport. WHEREAS, the City agrees to purchase 1,000 tons of salt and a reserve supplemental order of 12,000 tons of salt with the Quad City Joint Salt Bid, with the City of Davenport as the agent for said purchase; and and WHEREAS, by participating in this contract, a lower cost per ton has been experienced; WHEREAS, sufficient funds are budgeted in 010-0844-431.06-30. 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 Road Salt Purchase Agreement for 2019-2020 Season with the City of Davenport; provided, however, that said agreement is in substantially similar 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 Passed: April 2, 2019 Approved: April 9, 2019 Mayor Date April 2, 2019 Attest: City Clerk Approved as to Form: By: City Attorney
Council Bill/General Ordinance No. 3012-2019 Sponsor: AN ORDINANCE AMENDING Chapter 20, MOTOR VEHICLES AND TRAFFIC, of the Moline Code of Ordinances, Appendix 18 thereof, TWO-HOUR PARKING RESTRICTIONS IN NONMETERED ZONES, by including Thirty-second Street, on the east side from Avenue of the Cities north to alley. WHEREAS, at the April 2, 2019, Traffic Engineering Committee meeting, the Committee reviewed the request for two-hour parking on the north side of Thirty-second street from Avenue of the Cities north to alley and recommends approval. NOW, THEREFORE, 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 18 thereof, TWO-HOUR PARKING RESTRICTIONS IN NONMETERED ZONES, by including Thirty-second Street, on the east side from Avenue of the Cities north to alley. 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 passage, approval, and if required by law, publication in the manner provided for by law. CITY OF MOLINE, ILLINOIS Mayor Passed: Date Approved: Attest: City Clerk Approved as to Form: City Attorney
Council Bill/General Ordinance No. 3013-2019 Sponsor: 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 Twelfth Street, on both sides, from Fourteenth Avenue, north a distance of 25 feet. WHEREAS, at the April 2, 2019, Traffic Engineering Committee meeting, the Committee reviewed the request to prohibit parking on both sides of Twelfth Street at the intersection of Fourteenth Avenue due to vehicles parking in the unmarked crosswalk and recommends approval. NOW, THEREFORE, 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 Twelfth Street, on both sides, from Fourteenth Avenue, north a distance of 25 feet. 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 passage, approval, and if required by law, publication in the manner provided for by law. CITY OF MOLINE, ILLINOIS Mayor Passed: Date Approved: Attest: City Clerk Approved as to Form: City Attorney