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AGENDA
THURSDAY, JANUARY 6, 2011
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 – December 16, 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-C
    * 13 – A-G
    * Bills*

    * Approval of attached Bills for Approval totaling $1,456,172.39 is subject to the approval of any related agenda item(s).

  8. PUBLIC HEARING

  9. PETITIONS AND COMMUNICATIONS

    1. Second reading for a new Class C Liquor License and Sunday Sales Permit for Samz Sports Bar, 103 Ford Avenue – Noe Sanchez (pending final paperwork)

    2. First reading for a new Class B Beer and Sunday Sales Permit for Hong Kong Buffet, 2406 Park Avenue – Yan Fei Yang (pending final paperwork)

    3. Request for renewal of a Class C Liquor License and Sunday Sales Permit for Las Lomas, 1519 Park Avenue – Juan Inc. (pending inspections)

    4. Request from Mobilizing Muscatine Excellence and Downtown Action Alliance for Use of City Property for Ice Cream Eating Competition and Live Entertainment

      Presented for City Council’s consideration is a request to close 2nd Street from Iowa Avenue to Chestnut Street for an ice cream eating competition and live entertainment. The event is being sponsored by the Mobilizing Muscatine Excellence and Downtown Action Alliance. If approved, the event will be held on Friday, January 7, 2010, from 5 to 8 p.m. Businesses affected by this event, have been notified.

      Is there a motion to approve the request as submitted?

  10. FROM THE MAYOR

  11. FROM THE PLANNING AND ZONING COMMISSION

  12. FROM THE CITY ADMINISTRATOR

    1. Final Reading of an Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2010 Addition to the Highway 38 Northeast Urban Renewal Area

      Presented for City Council’s consideration is the final reading of an ordinance providing for the division of taxes levied on taxable property in the 2010 Addition to the Highway 38 Northeast Urban Renewal Area. As part of the previous action approving the designation of an expanded Highway 38 Northeast Urban Renewal Area and Urban Renewal Plan amendment, it is now necessary to adopt the ordinance providing for the division of taxes levied on the taxable property in the 2010 Addition to the abovementioned urban renewal area.

      Is there a motion to adopt the ordinance on final reading and to direct for its publication as required by law?

    2. Second Reading of an Ordinance Adopting the Code of Ordinances and Supplement #8

      Presented for City Council’s consideration is the second reading of an ordinance adopting the Code of Ordinances and Supplement #8 for the City of Muscatine. Periodically the City Council takes action to update the City Code due to changes made by the Council. This supplement includes ordinances and amendments to the ordinances that were adopted in 2009 and 2010.

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

    3. Resolution Setting a Public Hearing on a Proposed Development Agreement for A&E Convenience LLC

      Presented for City Council’s consideration is a resolution setting a public hearing on a proposed development agreement with A&E Convenience LLC to include tax increment payments. The proposed agreement between the city and A&E Convenience LLC concerns the development of a new commercial convenience store, car wash and fuel station facilities in the South End Urban Renewal Area. The agreement will provide for certain financial incentives in the form of incremental property tax payments in a total amount not to exceed $40,000. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, January 20, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted?

    4. Resolution Setting a Public Hearing on a Proposed Development Agreement for Oxbow Development Corporation

      Presented for City Council’s consideration is a resolution setting a public hearing on a proposed development agreement with Oxbow Development Corporation. The proposed agreement concerns the development of new commercial student housing facilities at Muscatine Community College in the Highway 38 Northeast Urban Renewal Area. The agreement provides for certain financial incentives in the form of incremental property tax payments in a total amount not exceeding $425,000. These tax payments will be payable solely and only from incremental property tax revenues generated within the Highway 38 Northeast Urban renewal Area. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, January 20, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted?

    5. Resolution Setting a Public Hearing for the Hershey Avenue Reconstruction Project

      Presented for City Council’s consideration is a resolution setting a public hearing for the Hershey Avenue Reconstruction Project. This project is its final stages of design and approval from the Iowa Department of Transportation. The cost estimate for the project is $1.4 million with the Surface Transportation Program funding $381,415 of that amount. Construction is expected to begin in the spring of 2011 with completion in the fall of 2011. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, January 20, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted?

    6. Resolution Awarding the Contract for the Weed Park to Wild Cat Den Trail Project

      Presented for City Council’s consideration is a resolution awarding the contract for the Weed Park to Wild Cat Den Trail Project. Bids were solicited for this project with the low bid from Sulzberger Excavating in the amount of $448,578.90. 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.

      Is there a motion to adopt the resolution as submitted?

    7. Resolution Accepting the Completed Work for the 2010 Curb and Gutter and Street Maintenance Program and Authorizing Final Payment

      Presented for City Council’s consideration is a resolution accepting the completed work for the 2010 Curb and Gutter and Street Maintenance Program and authorizing final payment. In July 2010, City Council awarded the contract for this project to BMW Builders II in the amount of $106,544.10. The final contract amount of $148,413.05 exceeds the bid amount by $41,868.95 due to additional work on Lucas Street, University Avenue, and the Longhurst/Lowe project. However, it is $51,586.95 under the funds that were earmarked for this program. It is staff’s recommendation the work be accepted and final payment made to the contractor.

      Is there a motion to adopt the resolution as submitted?

    8. Resolution Accepting Completed Work for Housing Rehabilitation Project at 1828 New Hampshire Street and Authorizing Final Payment

      Presented for City Council’s consideration is a resolution accepting completed work for the CDBG Housing Rehabilitation Project located at 1828 New Hampshire Street and authorizing final payment. In August 2010, the contract for this project was awarded to Daniels Construction in the amount of $19,805. There was one change order in the amount of $9,730 bringing the final total to $29,535. It is staff’s recommendation the work be accepted and final payment made to the contractor.

      Is there a motion to adopt the resolution as submitted?

    9. Resolution Accepting Easements for the Hershey Avenue Reconstruction Project

      Presented for City Council’s consideration is a resolution accepting easements for the Hershey Avenue Reconstruction Project. In order to complete the work for this project, 12 property easements must be acquired by the city. Negotiations for the easements have taken place with the affected property owners and are now being submitted for approval by City Council.

      Is there a motion to adopt the resolution as submitted?

    10. Request Approval to Purchase Police Patrol Vehicles

      Presented for City Council’s consideration is a request to purchase five police patrol vehicles. Two bids were received for this purchase with the low bid from Krieger’s in the amount of $23,079.24 per squad car for a total cost of $115,396.20 which does not include the changeover cost. The Police Department replaces at least five vehicles every other year.

      Is there a motion to approve the request as submitted?

    11. Request Authorization to Make Clay Street a Truck Route

      Presented for City Council’s consideration is a request to make Clay Street a truck route. Clay Street is currently posted with “No Trucks” signs. A request has been received from a business owner on Clay Street to make it a truck route so their customers can access their business. Considering the reconstruction of Clay Street and the bridge deck and the fact that two local trucking businesses are located on Clay Street, it is staff’s recommendation that Clay Street be changed to a truck route from Isett Avenue to Park Avenue.

      Is there a motion to approve the request as submitted?

    12. Request to Approve Purchase of Fencing for Mausoleum Area at Greenwood Cemetery

      Presented for City Council’s consideration is a request to approve the purchase of fencing for the mausoleum area at Greenwood Cemetery. During the 2009/2010 budget process, the Musser Mausoleum Restoration Project was approved by City Council. Included in that project was the replacement of the steel ornamental fence to include a center gate. A private trust was set up by the family for this type of repair. The trust currently has approximately $36,212 and the anticipated costs for the restoration project are $21,000. Three bids were received for the fence replacement with the low bid from CR Landscaping in the amount of $7,986.75. It is staff’s recommendation a purchase order be issued to CR Landscaping for the fence replacement in the amount of $7,986.75.

      Is there a motion to approve the request as submitted?

    13. Request to Issue Purchase Order for Civil Engineering Services for the Fire Station #2 Project

      Presented for City Council’s consideration is a request to issue a purchase order for civil engineering services for the Fire Station #2 Project. Prior to going out for bids, there is civil engineering work that must take place. The city has been working with Martin & Whitacre who is currently working on the required ALTA survey. City staff is proposing they do the civil engineering work as well which would include a topographic survey, preliminary engineering work, and construction plans at a total cost of $9,000. If requested, additional services such as general construction staking, field engineering, and attending construction meetings would cost an additional $4,000. It is staff’s recommendation that a purchase order be issued to Martin & Whitacre in an amount not to exceed $13,000 for civil engineering services for the Fire Station #2 Project.

      Is there a motion to approve the request as submitted?

    14. Resolution Authorizing Submittal of Application to the Iowa Department of Economic Development’s High Quality Job Program for Bridgestone Bandag LLC

      Presented for City Council’s consideration is a resolution authorizing the submittal of an application to the IDED’s High Quality Job Program for Bridgestone Bandag LLC. This application would also include a 130% wage component. Adoption of this resolution will show the city’s support of this application and the related project and will not obligate the city to provide any type of funding. Greg Jenkins of GMCCI will be present to answer questions and to discuss a proposal concerning a public-private partnership effort that could be used to fund the community match requirements associated with the application to the IDED and enable GMCCI to remain in a position to support future economic development efforts.

      Is there a motion to adopt the resolution as submitted?

  13. COMMUNICATIONS - RECEIVE AND FILE

  14. APPROVAL OF BILLS

    It is recommended bills totaling $1,456,172.39 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