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AGENDA
THURSDAY, APRIL 21, 2011 
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL

  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

    1. Swearing In of Police Officers John Hesseling and Matthew Horton

      At this time Mayor O’Brien will swear in Police Officers John Hesseling and Matthew Horton. 

  5.  MINUTES - APPROVAL 

    1. Budget Meetings – January 27, 29 & 31, 2011, February 3 & 5, 2011, February 7-10, 2011 

    2. City Council Meeting – April 7, 2011 

    3. In-Depth Council Meeting – April 14, 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.

    * 8 – A-G
    * 13 – A-C
    * Bills*

    * Approval of attached Bills for Approval totaling $2,945,854.77 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Airport Lighting Project

      This public hearing concerns the lighting of runway 6/24 and the parallel taxiway for that runway. The airport has experienced repeated lighting outages associated with this runway and the taxiway that serves it. To correct the ongoing problem and keep the airport safe for the flying public, a program has been developed and approved that will consist of wildlife management and replacing the direct burial cable with protected conduit, updated conductors and lighting. The next step in this process requires the adoption of a resolution approving the plans, specifications, form of contract, cost estimate, and setting a bid opening date for the lighting project. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed 2011 Pavement Management Program

      This public hearing concerns the proposed 2011 Pavement Management Program. Funding for this project includes $625,000 from the Roadway Maintenance Division for street improvements, which is available until June 20, 2012. These funds are from the One Cent Local Option Tax. There will be $456,000 allotted for overlay work and $69,000 for full-depth patching. Prior to getting the project underway, 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 C Beer and Sunday Sales Permit for Casey’s General Store #2944, 3010 University Drive – Casey’s Marketing Co. (pending inspections) 

    2. Request for an Outdoor Service Permit for Pete’s Tap, 1820 Angle Street on May 21, 2011 (pending receipt of dram shop insurance) 

    3. Request for renewal of a Class A Liquor License and Sunday Sales Permit for Muscatine Moose Lodge #388, 207 Lake Park Blvd. (pending inspections) 

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

    5. Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Hut of Muscatine Inc., 2512 Park Avenue (pending inspections) 

    6. Request for renewal of a Class C Beer and Sunday Sales Permit for Highway 61 Fuels LLC, 3103 Highway 61 North (pending inspections) 

    7. Request for renewal of a Class BW Beer/Wine Permit with Sunday Sales Permit for Happy Joe’s Pizza & Ice Cream Parlor, 203 Lake Park Blvd. – Max Brewer Corporation (pending inspections) 

    8.  Request for Use of City Property for Weekly Farmers Market

      Presented for City Council’s consideration is a request for the use of city property for a weekly farmers market beginning May 7, 2011 and ending in October 2011. The market will be located in Lot #7, which is the city parking lot bordered by Cedar and Sycamore streets and 3rd and 4th streets. The market will be open from 7 a.m. until noon on Saturdays.

      Is there a motion to approve the request as submitted? 

  9. FROM THE MAYOR 

    1. Proclamations Declaring April 29, 2011 as “Arbor Day”; May 14, 2011 as “Iowa Museum Day”; and May 1-8, 2011 as “Days of Remembrance” 

      Is there a motion to adopt the proclamations as submitted? 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Request to Waive the Rules and Adopt on Final Reading an Ordinance Vacating Certain Rights-of-Way in the City of Muscatine as it Pertains to Elm Street and Alley Right-of-Way in Block 42 of Original Town 

      Presented for City Council’s consideration is a request to waive the rules and adopt on final reading an ordinance vacating certain rights-of-way in the City of Muscatine as it pertains to Elm Street and the alley right-of-way in Block 42 of Original Town. A request has been submitted on behalf of three separate property owners interested in the vacation and purchase of unused city right-of-way located in Block 42 of Original Town. The first request involves a portion of the platted but unimproved portion of Elm Street located adjacent to Block 42 of Original Town and the second request is associated with the request from the three property owners that abut the platted but unimproved alley right-of-way in Block 42 of Original Town. The Planning & Zoning Commission conducted an on-site viewing of the property and is recommending City Council take action to approve the vacation and transfer of this real estate. The property owners affected by this action are requesting the City Council take action to waive the rules and adopt this ordinance on final reading.

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

    2. Final Reading of an Ordinance Amending Title 6 Fire Regulations, Chapter 1 Fire Department Regulations, Chapter 2 Open Burning, Chapter 4 Fireworks and Explosives, and Chapter 5 Fire Inspections 

      Presented for City Council’s consideration is the final reading of an ordinance amending Title 6 Fire Regulations, Chapter 1 Fire Department Regulations, Chapter 2 Open Burning, Chapter 4 Fireworks and Explosives, and Chapter 5 Fire Inspections. It should be noted the majority of the fees included as part of this ordinance are directly related to the cost of providing a particular service. The fees will be effective July 1, 2011. The projected revenue for implementing the new fees is $21,160.

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

    3. Resolution Approving Plans, Specifications, Form of Contract, Cost Estimate and Setting the Bid Opening Date for the Airport Lighting 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 Airport Lighting Project. The airport has experienced repeated lighting outages associated with this runway and the taxiway that serves it. To correct the ongoing problem and keep the airport safe for the flying public, a program has been developed and approved that will consist of wildlife management and replacing the direct burial cable with protected conduit, updated conductors and lighting.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving Plans, Specifications, Form of Contract, Cost Estimate and Setting the Bid Opening Date for the 2011 Pavement Management Program 

      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 2011 Pavement Management Program. Funding for this project includes $625,000 from the Roadway Maintenance Division for street improvements, which is available until June 20, 2012. These funds are from the One Cent Local Option Tax. There will be $456,000 allotted for overlay work and $69,000 for full-depth patching.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Setting a Public Hearing on the 2011 Curb and Gutter and Street Maintenance Program 

      Presented for City Council’s consideration is a resolution setting a public hearing on the 2011 Curb and Gutter and Street Maintenance Program. Annually the city allocates funds for concrete work needed on city streets during the construction season. This year the emphasis will be on Logan Street in anticipation of increased traffic when Cedar Street is under construction. The city has earmarked $100,000 for this work in 2011. Prior to any formal action by City Council, a public hearing is required. This public hearing will take place Thursday, May 5, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Authorizing the Sale of City Property Located in the Alley Right-of-Way in Block 42 of Original Town to Bill G. and Marci A. Stephens 

      Presented for City Council’s consideration is a resolution authorizing the sale of city property located in the alley right-of-way in Block 42 of Original Town to Bill G. and Marci A. Stephens. The Stephens’ are purchasing 1,176.12 square feet at $1.05 per square foot for a total purchase price of $1,234.93.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Approving an Executed Deed to Bill G. and Marci A. Stephens 

      Presented for City Council’s consideration is a resolution approving an executed deed to Bill G. and Marci A. Stephens.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Authorizing Sale of City Property Located in the Alley Right-of-Way in Block 42 of Original Town to David A. Armstrong 

      Presented for City Council’s consideration is a resolution authorizing the sale of city property located in the alley right-of-way in Block 42 of Original Town to David A. Armstrong. Mr. Armstrong is purchasing 1,916.64 square feet at $1.05 per square foot for a total purchase price of $2,012.47.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Approving an Executed Deed to David A. Armstrong 

      Presented for City Council’s consideration is a resolution approving an executed deed to David A. Armstrong.

      Is there a motion to adopt the resolution as submitted. 

    10. Resolution Authorizing the Sale of City Property Located in the Alley Right-of-Way in Block 42 of Original Town to David A. Bauerbach 

      Presented for City Council’s consideration is a resolution authorizing the sale of city property located in the alley right-of-way in Block 42 of Original Town to David A. Bauerbach. Mr. Bauerbach will be purchasing 8,755.56 square feet at a cost of $1.05 per square foot for a total purchase price of $9,193.34.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Approving an Executed Deed to David A. Bauerbach 

      Presented for City Council’s consideration is a resolution approving an executed deed to David A. Bauerbach.

      Is there a motion to adopt the resolution as submitted? 

    12. Resolution Endorsing Muscatine Municipal Airport Projects for Fiscal Year 2012 and Certifying the Availability of Matching Funds 

      Presented for City Council’s consideration is a resolution endorsing Muscatine Municipal Airport Projects for fiscal year 2012 and certifying the availability of matching funds. State of Iowa airport funding through the Iowa Department of Transportation requires cities to take action to officially endorse airport improvement projects and state they have local matching funds available to meet the 15% local share. It does not commit the city to move forward at this time. As with other airport projects, City Council must specifically approve each project grant agreement during the respective fiscal year it is programmed and following a state and/or federal determination that funding is available.

      Is there a motion to adopt the resolution as submitted? 

    13. Resolution Releasing Real Estate Mortgage Under the 2006 Community Development Block Grant Owner-Occupied Residential Program for 108 Pond Street 

      Presented for City Council’s consideration is a resolution releasing a real estate mortgage under the 2006 CDBG Owner-Occupied Residential Program for 108 Pond Street. The property owner received the maximum $24,999 in funding assistance through a five-year forgivable loan. The project was completed on June 29, 2007. The property owner died in September 2010, and under the terms of the rehab agreement, 20% of the loan has been forgiven annually on the anniversary date of the completion of the project. Three full years of the loan had been forgiven at the time of the property owner’s death and nearly 2/3 of the fourth year had expired by the time the family discovered the lien. Under the proposed release of the real estate mortgage, the city will forgive all portions of the outstanding fourth year of the mortgage and the family will repay the city $4,999.80 for the final and fifth year of the mortgage. This payment has already been made. It is staff’s recommendation the resolution be adopted releasing the mortgage.

      Is there a motion to adopt the resolution as submitted? 

    14. Resolution of Support for the Enterprise Zone Application 

      Presented for City Council’s consideration is a resolution of support for an Enterprise Zone application. The Greater Muscatine Chamber of Commerce & Industry is seeking City Council’s support of an application to the Iowa Department of Economic Development for the development of an Enterprise Zone. The intent of the Enterprise Zone legislation is to promote new economic development in economically distressed areas by encouraging communities to target resources in ways that attract private investment. In addition, enterprise zones are expected to foster job creation, enhance property tax values, promote industrial revitalization, and increase the tax base of the community.

      Is there a motion to adopt the resolution as submitted?

    15. Resolution Setting Public Hearing to Consider Designation of an Enterprise Zone and Approval of Related Tax Abatement Schedule 

      Presented for City Council’s consideration is a resolution setting a public hearing to consider the designation of an Enterprise Zone and approval of a related tax abatement schedule. The Greater Muscatine Chamber of Commerce & Industry has proposed the designation of an Enterprise Zone within the city that would offer tax abatement as the incentive to stimulate job creation and retention within a designated area. Prior to the consideration of the Enterprise Zone designation and adoption of a tax abatement schedule, a public hearing is required. This public hearing will be held on Thursday, May 5, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    16. Resolution Providing for Early Redemption of Urban Renewal Tax Increment Revenue Bonds

      Presented for City Council’s consideration is a resolution providing for the early redemption of Urban Renewal Tax Increment Revenue Bonds. On June 26, 1997, the city issued $1,795,000 in Urban Renewal Tax Increment Bonds which funded construction of a downtown parking lot, streetscaping, and public building improvements. The bond resolution for this issue provided an option for early redemption of these bonds beginning in 2007. It is estimated the city will save approximately $8,300 in interest costs by early redemption of these bonds.

      Is there a motion to adopt the resolution as submitted?

    17. Request to Approve Collection Services Agreement for the Automated Traffic Enforcement System

      The city has an agreement with GATSO, USA for operation of the automated traffic enforcement system in the city. Staff has met with Municipal Collections of America (MCA), a collection agency used by other cities that have the GATSO traffic enforcement system. Staff is proposing that automated traffic fines that are not paid following the subsequent 30 days after the second notice be forwarded to MCA for collection.

      Is there a motion to approve the request as submitted? 

    18. Request to Approve Amendment to Fixed Base Operator Agreement for the Municipal Airport 

      Presented for City Council’s consideration is a request to amend the FBO agreement for the municipal airport. The city has utilized the services of a FBO at the airport for over 30 years. As of April 1, 2011, the lease with BSAM (previously Bandag) expired and Hangar C turned over to the city. The hangar utilities and hangar maintenance are the responsibility of the city. Staff has negotiated an amendment to the FBO agreement (Carver Aero Inc.) to assume responsibility for the maintenance and all utility costs for this hangar, in addition to all utility costs for Hangar D. The FBO will also pay the city an additional $1,200 per year for use of the hangar until a need arises for a better use of the facility. It is staff’s recommendation the amendment to the FBO agreement be approved.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors – March 28, 2011 and April 4, 2011 

    2. Historic Preservation Commission – February 16, 2011 and March 30, 2011 

    3. Board of Water, Electric, and Communications Trustees – February 22, 2011 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $2,945,854.77 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