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AGENDA
THURSDAY, OCTOBER 21, 2010
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL

 

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

    1. City Council Meeting – January 6, 2011 
    2. City Council In-Depth Meeting – January 13, 2011
       
  6. 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 $1,882,873.00 is subject to the approval of any related agenda item(s).
     
  7. PUBLIC HEARING

    1. Proposed Development Agreement for A&E Convenience LLC

      This public hearing concerns 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 is for 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.

      Now is the time for the public to comment.

    2. Proposed Development Agreement for the Villas at MCC LLC (formerly known as Oxbow Development Corporation LLC)

      This public hearing concerns a proposed development agreement with the Villas at MCC LLC (formerly known as Oxbow Development Corporation LLC). The proposed agreement is for 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.

      Now is the time for the public to comment. 

    3. Proposed Hershey Avenue Reconstruction Project

      This public hearing concerns the proposed Hershey Avenue Reconstruction Project. This project is in 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.

      Now is the time for the public to comment.

  8. PETITIONS AND COMMUNICATIONS

    1. Second reading for a new Class B Beer and Sunday Sales Permit for Hong Kong Buffet, 2406 Park Avenue – Yan Fei Yang (pending final paperwork)
    2. Request for renewal of a Class C Beer and Sunday Sales Permit for West Side Store, 2201 Houser Street – DJMB LLC 
    3. Request for renewal of a Class C Liquor License and Sunday Sales Permit for Mami’s Mexican Restaurant, 201-205 W. 2nd Street – Elsa de la Paz (pending receipt of dram shop insurance)

  9. FROM THE MAYOR
     
  10. FROM THE PLANNING AND ZONING COMMISSION

  11. FROM THE CITY ADMINISTRATOR

    1. Final Reading of an Ordinance Adopting the Code of Ordinances and Supplement #8 

      Presented for City Council’s consideration is the final 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 adopt the ordinance as submitted and direct for its publication as required by law?
       
    2. Resolution Approving Development Agreement for A&E Convenience LLC 

      Presented for City Council’s consideration is a resolution approving a development agreement with A&E Convenience LLC. The proposed agreement between the city and A&E Convenience LLC is for 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.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Approving Development Agreement for the Villas at MCC LLC (formerly Oxbow Development Corporation LLC) 

      Presented for City Council’s consideration is a resolution approving a development agreement for the Villas at MCC LLC (formerly Oxbow Development Corporation LLC). The proposed agreement is for 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.

      Is there a motion to adopt the resolution as submitted?

    4. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting the Bid Opening Date for the Hershey Avenue Reconstruction Project 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, cost estimate and setting the bid opening date for the Hershey Avenue Reconstruction Project. This project is in 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.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Approving the Contract and Bond for the Weed Park to Wildcat Den Trail Project 

      Presented for City Council’s consideration is a resolution approving the contract and bond for the Weed Park to Wildcat Den Trail Project. At it is January 6, 2011 meeting, City Council awarded the contract for this project to Sulzberger Excavating in the amount of $448,578.90. Staff has reviewed the documents and is recommending their approval.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Accepting the Completed Work for the Papoose Creek Trash Rack Structure and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting the completed work for the Papoose Creek Trash Rack Structure and authorizing final payment. In October 2010 City Council awarded the contract for this project to Muscatine Bridge Company in the amount of $107,744. Modifications to the project brought the final contract amount to $109,108.85. The project has been completed according to the plans and specifications and it is staff’s recommendation the work be accepted and final payment authorized to Muscatine Bridge Company. City staff will work with FEMA representatives to determine the final reimbursement amount.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Authorizing the Assessment of Unpaid Abatement Costs to Private Properties 

      Presented for City Council’s consideration is a resolution authorizing the assessment of unpaid abatement costs to private properties. Periodically city staff provides to City Council a request for the assessment of nuisance abatement costs against private property owners. At this time staff is forwarding the assessment list for unpaid abatement costs totaling $23,895.75.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Setting a Public Hearing on the Plans, Specifications, Form of Contract, Cost Estimate and Setting the Bid Opening Date for the New South End Fire Station 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 South End Fire Station Project. The construction cost for this project is $1,300,500. Of that amount, $850,250 will come from the I JOBS II grant, $200,000 from an Iowa Department of Economic Development grant, and the city’s share from a general obligation construction bond in the amount of $250,250. It is anticipated that construction will begin this March with a completion date of March 2012. Prior to any formal action by City Council, a public hearing is required. The public hearing will be held on Thursday, February 3, 2011, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted?

    9. Request to Approve Change Order #4 for the Sunset Park Resident Center Project 

      Presented for City Council’s consideration is a request to approve Change Order #4 for the Sunset Park Resident Center Project. This change order represents credits in carpet and hardware allowances as well as a credit for seeding. It will result in a deduction of $2,986.85 bringing the project cost to $121,113.70.

      Is there a motion to approve the request as submitted? 

    10. Resolution Accepting Completed Work Performed Under the Sunset Park Resident Center Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work performed under the Sunset Park Resident Center Project and authorizing final payment. In September 2010, City Council took action to enter into a contract with North Construction in the amount of $113,725 for the construction of a resident addition to the existing Sunset Park office building. Change orders for the project totaled $7,388.70 for a final contract amount of $121,113.70. The architect for the project has inspected all the work and is recommending the work be accepted and final payment authorized to the contractor.

      Is there a motion to adopt the resolution as submitted?

    11. Request to Declare Items as Surplus 

      Presented for City Council’s consideration is a request to declare city property as surplus. Periodically city staff gathers surplus city material for disposal. Each department is given the opportunity to review these items before offered for public sale. Prior to listing the items with Public Surplus, Council must declare this property as surplus.

      Is there a motion to approve the request as submitted?

    12. Request Approval to Amend the Purchase of the Police Radio System 

      Presented for City Council’s consideration is a request to amend the purchase of the police radio system. In August 2010, City Council authorized the purchase of a new radio system from CEC in the amount of $111,013.97. Since that time, Motorola has developed a new repeater for the radio system that will better handle the output of our radio system. The cost for a pair of the new repeaters is $1,644.42. In addition, the department would like to purchase frequencies and a third repeater that would be dedicated to radio data transmission and provide a separate talk group for the two code enforcement officers. The cost is $8,837.55 for the additional repeater and FCC licensing. Finally, the original purchase request did not include the cost of radio holders that are needed to secure the radios to the officers. Because the system is so new, Motorola is the only company making the holders for the portable radios. The total cost for the holders is $2,587.50. The total cost of the purchase amendment would be $13,069.47 bringing the total cost for the radio system to $124,083.44. The budgeted amount for this purchase is $150,000.

      Is there a motion to approve the request as submitted? 

    13. Request Approving Contracts with the City’s Three Bargaining Units 

      Presented for City Council’s consideration is a request to approve contracts with the city’s three bargaining units. The agreements are as follows:

      Muscatine Association of Fire Fighters Local #608

      • Year 1 - 2.25% increase in wages; deductible, $300/$600 and out-of-pocket max, $600/$1,300 (no change)
      • Year 2 – 2.5% increase in wages; deductible increase to $400/$800 and out-of-pocket max to $800/$1,600
      • Year 3 – 2.95% increase in wages; deductible increase to $500/$1,000 and out-of-pocket max to $1,000/$2,000

      Chauffeurs, Teamsters, and Helpers Local #238 (Police)

      • Year 1 – 2.25% increase in wages; deductible, $300/$600 and out-of-pocket max, $600/$1,300 (no change); additional $.75 per hour when acting as Field Training Officer
      • Year 2 – 2.5% increase in wages; deductible increase to $400/$800 and out-of-pocket max to $800/$1,600; additional $.75 per hour when acting as Field Training Officer
      • Year 3 – 2.9% increase in wages; deductible increase to $500/$1,000 and out-of-pocket max to $1,000/$2,000; additional $.75 per hour when acting as Field Training Officer

      Chauffeurs, Teamsters, and Helpers Local #238 (BW)

      • Year 1 – 2.25% increase in wages; deductible, $300/$600 and out-of pocket max, $600/$1,300 (no change); life insurance increase from $20,000 to $25,000
      • Year 2 – 2.5% increase in wages; deductible increase to $400/$800 and out-of-pocket max to $800/$1,600
      • Year 3 – 2.9% increase in wages; deductible increase to $500/$1,000 and out-of-pocket to $1,000/$2,000

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

    1. Muscatine County Board of Supervisors – December 27, 2010 & January 3, 2011 
    2. Art Center Board of Trustees – November 18, 2010 
    3. Library Board of Trustees – October 20, 2010 
    4. Recreation Advisory Commission – November 3, 2010 
    5. Historic Preservation Commission – November 17, 2010 
    6. Joint Communications Commission – December 9, 2010 
    7. NFPA Survey – November and December 2010 

  13. APPROVAL OF BILLS

    It is recommended bills totaling $1,882,873.00 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
     
  16. ADJOURNMENT