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AGENDA
REGULAR CITY COUNCIL MEETING
THURSDAY, MAY 7, 2015
COUNCIL CHAMBERS - CITY HALL
  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

    1. Sister Cities Presentation by John Dabeet 

  5. CONSENT AGENDA

    The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.

    * Items 6A - Approval of City Council Minutes

    A. Regular City Council Minutes – April 16, 2015

    * Items 8A-L – Petitions and Communications

    A. Request for renewal of a Class “C” Liquor License, Outdoor Service and Sunday Sales for Mike’s Hilltop Tap, 929 Lucas Street – Mike’s Hilltop Tap Inc. (pending inspections)

    B. Request for renewal of a Class “C” Liquor License, Outdoor Service and Sunday Sales for El Allende, 1107 Grandview Avenue – El Allende Inc. (pending inspections)

    C. Request for approval of Outdoor Service Permit from April 17, 2015 through October 31, 2015 for Boonie’s on the Avenue, LLC (pending inspections)

    D. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Smokin’ Joe’s Tobacco and Liquor Outlet #16, 1504 Park Avenue – The Outlet Inc. (pending inspections)

    E. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Kum & Go #438, 1429 Park Avenue – Kum and Go LC (pending inspections)

    F. Request for renewal of a Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Circle K #6600, 802 Cypress Street – Mac’s Convenience Stores LLC (pending inspections)

    G. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Walgreens #05885, 1703 Park Avenue – Walgreens Co. (pending inspections)

    H. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Hy-Vee Wine & Spirts, 522 Mulberry Avenue, Suite A – Hy-Vee Inc. (pending inspections)

    I. Request for renewal of a Class “B” Beer Permit and Sunday Sales for China Buffett, 1903 Park Avenue – China Buffet of Muscatine Inc. (pending inspections and insurance)

    J. Request from Lyndsey El Bahi for Use of City Property for Bicycle Ride

    This request is for the use of city property for a bicycle ride on June 27, 2015. This is an all-day event and begins at the Muscatine High School. Roads utilized will be those going in and out of the high school to Discovery Park. The MP&W bike path will be taken to the Discovery Park.

    K. Request from Chris Anderson for Neighborhood Marketing for Iowa City Children’s Hospital for Use of City Property for 5K Race

    This event will take place on July 17, 2015 from 5 p.m. to 8 p.m. and on July 18, 2015 from 7 a.m. to 2 p.m. It will begin and end at the northeast end of Riverside Park. The race will go down the trail, right onto Cedar Street, left onto 4th Street, around the 4th Street Park, right onto Locust Street, left onto W. 2nd Street, right onto Iowa Avenue, and then back into the park.

    L. Request to Approve Outdoor Dining Applications

    * Items 9A-C – From the Mayor

    A. Reappointment of Doyle Tubandt to the Board of Water, Electric, and Communications Trustees

    B. Appointment of Pat Hagens to the Transportation Advisory Commission

    C. Proclamation Declaring May 17-23, 2015 as “EMS Week”

    D. Proclamation Declaring May 10-16, 2015 as “National Police Week” and May 13, 2015 as “Peace Officer’s Memorial Day”

    * Items 12A-H - Communications Receive and File

    A. Muscatine County Board of Supervisors – April 6, 13, & 20, 2015

    B. Board of Water, Electric, and Communications Trustees – March 31, 2015

    C. MP&W Communications Utility – March 2015

    D. MP&W Electric Utility – March 2015

    E. MP&W Water Utility – March 2015

    F. Zoning Board of Adjustment – April 7, 2015

    G. Audit Committee Meeting – April 16, 2015

    H. City of Muscatine Financial Reports – March 2015

    * Bills*

    * Approval of attached Bills for Approval totaling $1,495,931.22 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Adoption of Municipal Code of Revised Ordinances of 2015 

      This public hearing concerns the proposed adoption of the Municipal Code of Revised Ordinances of 2015 which include Titles 1-15. Work has been completed by city staff and the city attorney’s office on updating the City of Muscatine’s current City Code which is now ready for adoption. Prior to formal action by City Council, a public hearing is required. Prior to any formal action by City Council, a public hearing is required.
       
      Now is the time for the public to comment. 

    2. Proposed 5 Year Public Housing Agency Plan

      This public hearing concerns the proposed adoption of the 5 Year Public Housing Agency Plan. Certain modifications and revisions have been completed to update the Plan. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed 2015 Sidewalk Construction Plan

      This public hearing concerns the proposed 2015 Sidewalk Construction Plan. To begin the process of addressing safe routes to school, the city and school district staff identified the five highest priority gaps in current sidewalk and trail network, with the focus on creating safe routes to school. These five routes form the 2015 Sidewalk Construction Program. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. First Reading of an Ordinance Adopting the Municipal Code of Revised Ordinances of 2015 

      Is there a motion to approve the first reading of the ordinance as submitted? 

    2. Final Reading of an Ordinance Rezoning Property in the City of Muscatine from R-3 Single Family Residential to R-5 Multi-Family 

      Is there a motion to adopt on final reading an ordinance rezoning property in the City of Muscatine from R-3 Single Family Residential to R-5 Multi-Family and to direct for its publication as required by laws? 

    3. Resolution Approving the 5 Year Public Housing Agency Plan and Authorizing Its Submission to HUD 

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting a Bid Opening Date for the 2015 Sidewalk Construction Program 

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Setting a Public Hearing for the 2015 Asphalt Overlay Program 

      Presented for City Council’s consideration is a resolution setting a public hearing for the 2015 Asphalt Overlay Program. Annually the City of Muscatine solicits roadway maintenance bids for the Asphalt Overlay Program. Funding for Roadway Maintenance comes from $500,000 of the One Cent Local Option Tax and this year from the increase in gas tax revenues. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, May 21, 2015, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Accepting the Completed Work for the Geneva Creek Channel Shaping Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for the Geneva Creek Channel Shaping Project. The levee system was recently assigned an unacceptable rating due to sediment and shoaling around the Isett Avenue bridge. Channel shaping was required to correct the problem. The project has been completed and is ready for closure. It is staff’s recommendation City Council accept the work and authorize final payment to Sulzberger Excavating.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Setting Public Hearing on Amendment #2 to the FY 2014/2015 City Budget 

      Presented for City Council’s consideration is a resolution setting a public hearing on Amendment #2 to the fiscal year 2014/2015 City Budget. This proposed amendment will increase total budgeted expenditures by $632,500. Budgeted revenues are proposed to be amended by $274,700. Prior to any formal action by City Council, a public hearing is required. This hearing will take place Thursday, May 21, 2015, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Setting Public Hearing on the Plans, Specifications, Form of Contract, Cost Estimate and Setting Bid Opening Date for the Runway Reconstruction Project

      Presented for City Council’s consideration is a resolution setting a public hearing on the plans, specifications, form of contract, cost estimate and setting the bid opening date for the Runway Reconstruction Project. The city has received funding from the Federal Aviation Administration to complete the pre-design and final design of the Main Runway 6/24 Reconstruction Project. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, May 21, 2015, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Endorsing Airport Projects for the IDOT Grant Application and Certifying the Availability of Matching Funds 

      Presented for City Council’s consideration is a resolution endorsing airport projects for the IDOT grant application and certifying the availability of matching funds. Airport funding through the Iowa Department of Transportation requires cities to take action to officially endorse airport improvement projects and to certify that they do have local matching funds to meet the 15% local share. This action does not commit the city (financially) to move forward with future year projects in this plan.

      Is there a motion to adopt the resolution as submitted? 

    10. Request to Approve Audit Services Agreement for Fiscal Years 2014/2015 Through 2018/2019 

      Presented for City Council’s consideration is a request to approve an audit services agreement for fiscal years 2014/2015 through 2018/2019. Three proposals were received for audit services for the next five years with the lowest proposal from Bohnsack & Frommelt LLP in the amount of $208,050. It is staff’s recommendation the city enter into an agreement with Bohnsack & Frommelt LLP for audit services for fiscal years 2014/2015 through 2018/2019.

      Is there a motion to approve the request as submitted? 

    11. Request to Purchase Drag Line Hose for the Water Pollution Control Plant 

      Presented for City Council’s consideration is a request to approve the purchase of a drag line hose for the Water Pollution Control Plant. A new hose is needed for the annual biosolid application. Two bids were received with the low bid from Hydro Engineering for $6,600. There is $6,500 budgeted for this purchase. Staff is recommending the purchase of the dragline hose from Hydro Engineering in the amount of $6,600.

      Is there a motion to approve the request as submitted? 

    12. Request to Approve Change Order #1 for the Mad Creek Dredge Line Extension Project 

      Presented for City Council’s consideration is a request to approve Change Order #1 for the Mad Creek Dredge Line Extension Project. The cost for special railroad insurance for this project was an unanticipated cost for the city and the contractor. The cost to the contractor, Sulzberger Excavating, is $2,878.50. The city will be paying this cost in the form of a change order for the project. 

      Is there a motion to approve the request as submitted? 

    13. Request to Approve Extension of the Current 28E Agreement with the Iowa Department of Inspections and Appeals 

      Presented for City Council’s consideration is a request to approve the extension of the current 28E Agreement with the Iowa Department of Inspections and Appeals. The current agreement expires June 30, 2015. The Department is requesting an extension of the original agreement as food license fees are being discussed at the legislative level and may change. The Department hopes to have some clarity about food license fees prior to signing new 28E agreements with contracting agencies.

      Is there a motion to approve the request as submitted? 

             
    14. Discussion Concerning the 28E Agreement with MUSCOM 

      At this time discussion will take place concerning the proposed 28E Agreement with MUSCOM. 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,495,931.22 be approved and that the City Council authorize the Mayor and City Clerk to issue warrants for the same. It should be noted that this listing is subject to the approval of any related agenda item(s). 

  14. COMMUNICATIONS - COUNCIL MEMBERS 

  15. OTHER BUSINESS 

    1. Request to Enter Closed Discussion Per Iowa Code 21.5 to Discuss Potential Litigation with Possible Action to Follow 

  16. ADJOURNMENT