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AGENDA
THURSDAY, NOVEMBER 18, 2010
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL

  1. CALL TO ORDER
  2. ROLL CALL
  3. INVOCATION
  4. PLEDGE OF ALLEGIANCE
  5. COMMUNICATIONS – CITIZENS
  6. MINUTES - APPROVAL

    1. City Council Meeting – November 4, 2010
  7. 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 or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.

    * 9 – A-E
    * 13 – A-D
    * Bills * *

    Approval of attached Bills for Approval totaling $1,837,938.66 is subject to the approval of any related agenda item(s).
  8. PUBLIC HEARING

    1. Proposed Plans, Specifications, Form of Contract and Cost Estimate for the Weed Park to Wildcat Den Trail Project

      This public hearing pertains to the proposed plans, specifications, form of contract and cost estimate for the Weed Park to Wildcat Den Trail Project. The estimated cost of the project is $460,216.09. The 80% federal funding will be $360,172.07 with the 20% local share totaling $100,043.01. Private contributions totaling $75,000 supplemented with $25,043.01 from Collection and Drainage will fund the local share. Part of the trail follows a sanitary sewer alignment and will serve as a sewer maintenance access road. Necessary easements have been obtained from MCC, Bridgestone Bandag and HNI and all cultural and environmental clearances have been approved. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment on this proposed project.
  9. PETITIONS AND COMMUNICATIONS

    1. First reading for a new Class WBN Native Wine Permit for Miller’s Florist, 612 Hope Avenue – Kathleen McGlothlen (pending final paperwork)
    2. Request for renewal of a Class BC Beer and Sunday Sales Permit for New York Dollar Store, 109 E. 2nd Street – Antonio Sosa
    3. Request for renewal of a Class LC Liquor License with Outdoor Service and Sunday Sales Permit for Bull Pen Sports Bar Inc., 1201 Grandview Avenue – Tracy Horton
    4. Request for renewal of a Class LC Liquor License with Outdoor Service and Sunday Sales Permit for Hubble’s, 214 E. 2nd Street – Hubbles Hyink LLC
    5. Request for renewal of a Class LC Liquor License for Elms Supper Club and Lounge, 2108 Grandview Avenue – Elm Tree Dining & Lounge LLC
    6. Request to Approve Use of City Property for Holiday Stroll

      Presented for City Council’s consideration is a request to use city property for the annual holiday stroll. The event will be held on Friday, December 3, 2010, from 5 to 9 p.m. The location of the event will be on 2nd Street from Mulberry Avenue to Pine Street. This year’s event will include carriages rides and a lighted parade. City staff has reviewed the request and is recommending its approval.

      Is there a motion to approve the request as submitted?
  10. FROM THE MAYOR
  11. FROM THE PLANNING AND ZONING COMMISSION

    1. Resolution Approving the Combined Preliminary/Final Plat for Contree Manoir Addition in the City of Muscatine

      Presented for City Council’s consideration is a resolution approving the combined preliminary/final plat for the Contree Manoir Addition in the City of Muscatine. City staff has been working with the engineering firm representing the owner of Contree Manoir located at 2111 Bidwell Road to create a single-lot subdivision in the RL, Large Scale Residential Zoning District. The owner is interested in dividing this property to separate the existing apartment complex from a 5 acre vacant parcel on the same site. If approved, Lot 1 would be offered for sale and future development. The Planning and Zoning Commission has reviewed this request and is recommending its approval.

      Is there a motion to adopt the resolution as submitted?
  12. FROM THE CITY ADMINISTRATOR

    1. Resolution Approving the Plans, Specifications, Form of Contract and Cost Estimate for the Weed Park to Wildcat Den Trail Project

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract and cost estimate for the Weed Park to Wildcat Den Trail Project. The estimated cost of the project is $460,216.09. The 80% federal funding will be $360,172.07 with the 20% local share totaling $100,043.01. Private contributions totaling $75,000 supplemented with $25,043.01 from Collection and Drainage will fund the local share. Part of the trail follows a sanitary sewer alignment and will serve as a sewer maintenance access road. Necessary easements have been obtained from MCC, Bridgestone Bandag and HNI and all cultural and environmental clearances have been approved.

      Is there a motion to adopt the resolution as submitted?
    2. Resolution Adopting the 2011-2015 Fiscal Year Capital Improvement Program for the City of Muscatine

      Presented for City Council’s consideration is a resolution adopting the 2011-2015 Fiscal Year Capital Improvement Program (CIP) for the City of Muscatine. The city is required by State Code to prepare and adopt a five-year Capital Improvement Program for public improvements in the community. This resolution is the culmination of a six-month effort by all departments, many Boards & Commissions, the Planning and Zoning Commission, and input from City Council.

      Is there a motion to adopt the resolution as submitted?
    3. Resolution Setting Public Hearing to Assess the Status of Housing Rehabilitation Activities Funded Through the 2009 CDBG Program in the City of Muscatine

      Presented for City Council’s consideration is a resolution setting a public hearing to assess the status of housing rehabilitation activities funded through the 2009 CDBG Program in the City of Muscatine. Under the 2009 CDBG program, the city is required to hold at least one public hearing to review the status of funded activities at some point during the two-year contract which runs from June 24, 2009 to June 30, 2011.

      Is there a motion to adopt the resolution as submitted?
    4. Resolution Releasing Real Estate Mortgage Under the 2003 CDBG Owner-Occupied Residential Rehabilitation Program for 606 Walnut Street

      Presented for City Council’s consideration is a resolution releasing a real estate mortgage under the 2003 CDBG Housing Rehabilitation Program for 606 Walnut Street. The property owner received the maximum $24,999 in funding assistance through a five-year forgivable loan. The project was completed on November 9, 2005, and since that time, 20% of the loan has been forgiven annually with the final amount forgiven on the anniversary date of the completion of the project. This is the 10th of 11 mortgages that are expected to be released under the 2003 program.

      Is there a motion to adopt the resolution as submitted?
    5. Resolution Releasing Real Estate Mortgage Under the 2003 CDBG Owner-Occupied Residential Rehabilitation Program for 909 E. 6th Street

      Presented for City Council’s consideration is a resolution releasing a real estate mortgage under the 2003 CDBG Housing Rehabilitation Program for 909 E. 6th Street. The property owner received the maximum $24,999 in funding assistance through a five-year forgivable loan. The project was completed on November 9, 2005, and since that time, 20% of the loan has been forgiven annually with the final amount forgiven on the anniversary date of the completion of the project. This is the 11th of 11 mortgages that are expected to be released under the 2003 program.

      Is there a motion to adopt the resolution as submitted?
    6. Resolution Accepting the Low Bid for the Muscatine Owner-Occupied Housing Rehabilitation Program for 1720 Hershey Avenue

      Presented for City Council’s consideration is a resolution accepting the low bid for the Muscatine Owner-Occupied Housing Rehabilitation Program for 1720 Hershey Avenue. Three bids were received for this project with the low bid from Daniels’ Construction in the amount of $31,245. The Muscatine Rehabilitation Committee reviewed the bids and is recommending the approval of the low bid from Daniels’ Construction.

      Is there a motion to adopt the resolution as submitted?
    7. Resolution Authorizing Changes to Muscatine Municipal Housing Agency Administrative Plan for the Section 8 Tenant-Based Housing Choice Voucher Program

      Presented for City Council’s consideration is a resolution authorizing changes to the Muscatine Municipal Housing Agency (MMHA) Administrative Plan for the Section 8 Tenant-Based Housing Choice Voucher Program. Modifications and revisions have been proposed to the MMHA for the Section 8 Administrative Plan. Staff has reviewed the federal regulations and HUD recommendations and is recommending the adoption of the resolution to allow the MMHA to better serve the city’s jurisdiction.

      Is there a motion to adopt the resolution as submitted?
    8. Resolution Authorizing Changes to the Muscatine Municipal Housing Agency for the Public Housing Admissions and Continued Occupancy Policy

      Presented for City Council’s consideration is a resolution authorizing changes to the Muscatine Municipal Housing Agency (MMHA) for the Public Housing Admissions and Continued Occupancy Policy (ACOP). Modifications and revisions have been proposed to the MMHA for its ACOP. Staff has reviewed the federal regulations and HUD recommendations and is recommending the adoption of the resolution to allow the MMHA to better serve the city’s jurisdiction.

      Is there a motion to adopt the resolution as submitted?
    9. Resolution Authorizing Internal Advance to Tax Increment Revenue Fund ($102,517)

      Presented for City Council’s consideration is a resolution authorizing an internal advance to the Tax Increment Fund ($102,517). Cities in Iowa are required to certify the amount of TIF funds to be claimed for each TIF district no later than December 1 of the year prior to the fiscal year for which the funds will be collected. In recent years, the city has claimed less than the full amount of incremental taxes available in each of the TIF districts. For the 2011/2012 fiscal year, staff is proposing that an internal advance (loan) be established in order to claim TIF funds for TIF administrative and economic development costs which are projected at $102,517.

      Is there a motion to adopt the resolution as submitted?
    10. Resolution Authorizing Internal Advance to Tax Increment Fund ($35,000)

      Presented for City Council’s consideration is a resolution authorizing an internal advance to the Tax Increment Fund ($35,000). Cities in Iowa are required to certify the amount of TIF funds to be claimed for each TIF district no later than December 1 of the year prior to the fiscal year for which the funds will be collected. In recent years, the city has claimed less than the full amount of incremental taxes available in each of the TIF districts. For the 2011/2012 fiscal year, staff is proposing that an internal advance (loan) be established in order to claim TIF funds for the city’s subsidy to the Greater Muscatine Chamber of Commerce and Industry (GMCCI) for economic development activities. The subsidy for 2010/2011 is $35,000 and this same amount has been assumed for 2011/2012.

      Is there a motion to adopt the resolution as submitted?
    11. Request to Declare Squad Car Light Bar as Surplus

      Presented for City Council’s consideration is a request to declare squad car light bar as surplus. The Police Department has no further use for this piece of equipment since it has been replaced with a newer, more efficient unit. If approved, it is the department’s intention to sell the light bar to another government law enforcement entity (Muscatine County Sheriff’s Department) who is interested in using it for one of their older squads. Both parties agree that $300 would be a fair price for this piece of equipment.

      Is there a motion to approve the request as submitted?
    12. Request to Approve Purchase Ballistic Vests for Police Department

      Presented for City Council’s consideration is a request to approve the purchase of ballistic vests for the Police Department. The department’s Special Response Team (SRT) has been actively used since 2000 and for the past several years have been operating with ballistic vests handed down from outside agencies. It is staff’s recommendation that City Council approve the purchase of 13 ballistic vests at a cost of $19,316.70 from Diamondback Tactical with monies from both the Bulletproof Vest Grant and the Justice Assistance Grant.

      Is there a motion to approve the request as submitted?
    13. Request to Approve the Iowa Department of Transportation Federal-Aid Agreement for a Surface Transportation Program Project (Hershey Avenue Reconstruction)

      Presented for City Council’s consideration is a request to approve the Iowa Department of Transportation Federal-Aid Agreement for a Surface Transportation Program Project (Hershey Avenue Reconstruction). The reconstruction project is in the final stages of design, construction easement acquisition and IDOT review. In order for the city to receive $381,415 of STP funding, it is necessary for City Council to approve the IDOT’s Federal-Aid Agreement. It is staff’s recommendation this agreement be approved. Is there a motion to approve the request as submitted?
    14. Request to Approve Issuance of Purchase Order for Soil Testing on Cedar Street

      Presented for City Council’s consideration is a request to approve the issuance of a purchase order for soil testing on Cedar Street. Utility work for the Cedar Street Reconstruction Project is scheduled for 2011 and paving from Parham to Houser Street for 2012. A geotechnical investigation is required to determine existing pavement thickness, base material and soil conditions below the roadway. This information will be used in the preparation of construction plans. It is staff’s recommendation a purchase order be issued to Terracon Consultants in the amount of $7,250 for this work which should be performed in late November or December 2010.

      Is there a motion to approve the request as submitted?
    15. Request to Approve Employee Handbook

      Presented for City Council’s consideration is a request to approve the City of Muscatine’s Employee Handbook. The handbook has been updated to reflect changes in both employment policies and legal requirements and has been reviewed by city staff and legal counsel. It is staff’s recommendation the handbook be approved.

      Is there a motion to approve the request as submitted?

    16. Request to Approve Submission of Iowa Department of Transportation Grant Application for Mark Twain Overlook

      Presented for City Council’s consideration is a request to approve the submission of an Iowa Department of Transportation grant application for the continued maintenance of the Mark Twain Overlook. The Overlook is owned by the IDOT and has been leased to the city since 1978 for maintenance care. The current five-year lease will expire in 2012. The grant will provide for maintenance activities including controlled burning and stewardship/management of native landscapes and enhancement seeding. There is local match required for this grant.

      Is there a motion to approve the request as submitted?
  13. COMMUNICATIONS - RECEIVE AND FILE

    1. Muscatine County Board of Supervisors – October 25, 2010 & November 1, 2010
    2. Planning & Zoning – October 12, 2010
    3. Recreation Advisory Commission – October 6, 2010
    4. Art Center Board of Trustees – September 16, 2010
  14. APPROVAL OF BILLS

    It is recommended bills totaling $1,837,938.66 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).
  15. COMMUNICATIONS - COUNCIL MEMBERS
  16. OTHER BUSINESS
  17. ADJOURNMENT