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AGENDA
REGULAR CITY COUNCIL MEETING
THURSDAY, NOVEMBER 15, 2018 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL

AGENDA

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. COMMUNICATIONS – CITIZENS

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-C - Approval of City Council Minutes

A. Regular City Council Minutes – November 1, 2018

B. Special Meeting Council Minutes – November 1, 2018

C. In-Depth Meeting Council Minutes – November 8, 2018

* Items 8A-J - Petitions and Communications

A. Request for renewal of a Class “A” Liquor License for Geneva Golf Country Club, 3100 Bidwell Road – Geneva Golf & Country Club (pending inspections)

B. Request for temporary transfer of liquor license for The Rendezvous, to 1314 Mulberry Avenue – Cindy’s Rendezvous, LLC (pending inspections)

C. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Kum & Go #1436, 416 Cedar Street – Kum & Go LC (pending inspections)

D. Request for renewal of a Class “C” Liquor License, Outdoor Service and Sunday Sales for Bull Pen Sports Bar, 1201 Grandview Avenue – Bull Pen Sports, Inc. (pending inspections and insurance)

E. Request for renewal of a Class “C” Liquor License and Sunday Sales for Hubble’s Tap, 214 East 2nd Street – Hubble’s Glenda, LLC (pending inspections and insurance)

F. Request for renewal of a Class “B” Beer and Sunday Sales for Pizza Hut, 2512 Park Avenue – Summit Pizza, Inc. (pending inspections and insurance)

G. Request for renewal of a Special Class “C” Liquor License and Sunday Sales for GeoJohnz, 203 East 2nd Street – Geo Johnz LLC (pending inspections and insurance)

H. Request for renewal of a Class “B” Wine Permit and Class “C” Liquor License for Chicharo’s Mexican Grill, 201 West 2nd Street – Chicharo’s, LLC (pending inspections and insurance

I. Request for renewal of a Class “C” Liquor License and Sunday Sales for Flaming Embers, 131 West 2nd Street – Flaming Embers, Inc. (pending inspections and insurance

J. Request for Use of City Property from the Muscatine Journal for the Holiday Stroll on December 7, 2018

* Items 9 - From the Mayor

* Items 12A-C – Receive and File

A. Muscatine County Board of Supervisors Minutes – October 29, 2018

B. Muscatine Power and Water Financial Statements – September 2018

C. City of Muscatine Finance Report – September 2018

* Bills*

* Approval of attached Bills for Approval totaling $6,291,857.07, which includes journal entries and receipt summaries for July, August & September 2018, subject to the approval of any related agenda item(s).

6. MINUTES – APPROVAL

7. PUBLIC HEARING

8. PETITIONS AND COMMUNICATIONS

9. FROM THE MAYOR

10. FROM THE PLANNING AND ZONING COMMISSION

11. FROM THE CITY ADMINISTRATOR

A. Ordinance Providing for the Division of Taxes Levied on Taxable Property in the November, 2018 Consolidated Muscatine Urban Renewal Area Addition, pursuant to Section 403.19 of the Code of Iowa. (Arbor Commons Urban Renewal Area)

Presented for City Council’s consideration is the second and final reading of an Ordinance providing for the division of taxes levied on taxable property in the November, 2018 Consolidated Muscatine Urban Renewal Area (Arbor Commons Urban Renewal Area).

Is there a motion, pursuant to Chapter 5 of the Rules of Council, to waive the requirements to vote on this ordinance at a third meeting prior to moving the ordinance for passage?

Is there a motion to adopt this Ordinance and submit for publication as required by law?

B. Ordinance Providing for the division of taxes levied on taxable property in the November, 2018 Consolidated Muscatine Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa (Amendment to White Distribution Urban Renewal Area)

Presented for City Council’s consideration is the second and final reading of an Ordinance providing for the Division of Taxes levied on taxable property in the November, 2018 Consolidated Muscatine Urban Renewal Area (amendment to White Distribution Urban Renewal Area)

Is there a motion, pursuant to Chapter 5 of the Rules of Council, to waive the requirements to vote on this ordinance at a third meeting prior to moving the ordinance for passage?

Is there a motion to approve the Ordinance as submitted and to direct for publication as required by law?

C. Ordinance Amending Title 7 Vehicle and Traffic, Chapter 5 Automated Traffic Enforcement

Presented for City Council’s consideration is the first reading of an Ordinance amending Title 7 Vehicle and Traffic, Chapter 5 Automated Traffic Enforcement.  Due to recent Iowa Supreme Court decisions, it is necessary to amend City Code sections related to automated traffic enforcement. These changes were reviewed with City Council at the November 8, 2018 In Depth meeting.

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

D. Resolutions Approving Annual Appropriations for Tax Increment Financing (TIF) Rebates for Fiscal Year 2019/2020 under seven Development Agreements:

1. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for Wal-View Development Project #1

Is there a motion to adopt this resolution as submitted?

2. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for H.J. Heinz Company L.P.

Is there a motion to adopt this resolution as submitted?

3. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for Wal-View Development Project #2

Is there a motion to adopt this resolution as submitted?

4. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for Union Tank Car Company

Is there a motion to adopt this resolution as submitted?

5. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for Harrison Lofts, LLC

Is there a motion to adopt this resolution as submitted?

6. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for Riverview Hotel Development

Is there a motion to adopt this resolution as submitted?

7. Resolution Approving Obligation of Funds from the Urban Renewal Tax Revenue Fund for Appropriation to the Payment of Annual Appropriation Tax Increment Rebate Obligations Coming due in the Next Succeeding Year for HNI Corporation

Is there a motion to adopt this resolution submitted?

E. Resolutions Approving Four Internal Advances as Follows:

1. Resolution Authorizing Internal Advance of Funds for Design Services for the Downtown Streetscape Project

Is there a motion to adopt this resolution as submitted?

2. Resolution Authorizing Internal Advance of Funds and Economic Development Grant for the Greater Muscatine Chamber of Commerce and Industry Support Program

Is there a motion to adopt this resolution as submitted?

3. Resolution Authorizing Internal Advance of Funds for the 2018-2019 Urban Renewal Administration and Professional Support Program

Is there a motion to adopt this resolution as submitted?

4. Resolution Authorizing Internal Advance of Funds for the Small Business Forgivable Loan Program

Is there a motion to adopt this resolution as submitted?

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

Presented for City Council’s consideration is a resolution authorizing the assessment of unpaid abatement costs to private properties. The nuisance abatement costs for snow, junk, and weed removal total $6,305.43, the administrative fees are $1,850.00 and the assessment fees are $1,750.00. The total fee being requested for assessment at this time totals $9,905.43.

Is there a motion to adopt this resolution as submitted?

G. Resolution Setting Public Hearing on Proposed Development Agreement with NPSW Enterprises, LLC for Arbor Commons Housing Development

Presented for City Council’s consideration is a resolution setting the required public hearing concerning the approval of the Development Agreement with NPSW Enterprises, LLC and authorization of annual appropriation tax increment payments. The public hearing date is to be set for December 6, 2018.

Is there a motion to adopt this resolution as submitted?

H. Resolution Rejecting all Bids for the High Strength Waste Receiving Station Project

Presented for City Council’s consideration is a resolution rejecting all bids received for the High Strength Waste Receiving Station project at the Water & Resource Recovery Facility. The bids for this project were opened October 31, 2018 and all four bids exceeded the engineer’s estimate and the budget. An alternate facility and location are now being considered for this project.

Is there a motion to adopt this resolution as submitted?

I. Resolution Approving the Preliminary/Final Plat for Peters Subdivision

Presented for City Council's consideration is a resolution approving the Preliminary/Final Plat for Peters Subdivision located at 3120 Allen Street. The intent for this proposed subdivision is to transfer approximately 26,500 square feet of land from the parcel located at 3120 Allen Street to the parcel at 3116 Allen Street.

Is there a motion to adopt this resolution as submitted?

J. Resolution Approving the Preliminary/Final Plat for Proffitt Subdivision

Presented for City Council's consideration is a resolution approving the Preliminary/Final Plat for Proffitt Subdivision located at 2801 Houser Street. The intent for this proposed subdivision is to separate the existing home site from the cultivated areas on the 5.22 parent parcel to allow the home and cultivated area to be under separate ownership.

Is there a motion to adopt this resolution as submitted?

K. Resolution Setting Public Hearing for Rezoning Parcel Located on the West Side of University Drive, from R-L Large Scale Residential Development to M-1 Light Industrial

Presented for City Council’s consideration is a resolution setting the required public hearing concerning the rezoning of a 22.1 acre portion of a 35.4 acre parcel located on the west side of University Drive, from R-L Large Scale Residential Development to M-1 Light Industrial. The public hearing date is to be set for December 6, 2018.

Is there a motion to adopt this resolution as submitted?

L. Request to Authorize the Issuance of two Purchase Orders for Art Center Outdoor Lighting

Presented for City Council’s consideration is a request to authorize the issuance of a purchase order to Musco Lighting in the amount of $17,725 for the purchase of outdoor lighting at the Muscatine Art Center. Public Works also requests authorization for the issuance of a purchase order to Hackett Electric in the amount of $15,995 for the installation of the lighting from Musco Lighting. The total of the two requested purchase orders is $33,720. There is $35,700 budgeted in the Building & Grounds Deferred Maintenance Budget for these items.

Is there a motion to authorize this request as submitted?

M. Request to Authorize the Issuance of a Purchase Order for 2nd Street Streetscape Topographic Survey Costs

Presented for City Council’s consideration is a request to authorize the issuance of a purchase order to Bolton & Menk in an amount not to exceed $25,000, for the topographic survey needed to support the 2nd Street Streetscape Improvements project. Bolton & Menk were requested to perform this survey due to their experience with the City on the Mississippi Drive Corridor Project.

Is there a motion to authorize this request as submitted?

N. Request to Authorize the Issuance of a Purchase Order for West Hill Sewer Televising

Presented for City Council’s consideration is a request to authorize the issuance of a purchase order to KMA in the amount of $7,595, for the West Hill Sewer Televising services. Quotes were received from multiple vendors and KMA was the lowest responsible bid. Funds are available for this cost in the West Hill Sewer Separation Project (Phase 5).

Is there a motion to authorize this request as submitted?

O. Request to Authorize the Issuance of a Purchase Order for Outdoor Signage for the Musser Public Library and HNI Community Center

Presented for City Council’s consideration is a request to authorize the issuance of a purchase order to Nesper Sign Advertising, Inc in the amount of $19,797 for the purchase and installation of outdoor signage for the Musser Public Library and HNI Community Center. Quotes were received from three vendors and Nesper Sign Advertising, Inc was the lowest responsible bid. Additionally, the Roy J. Carver Charitable Trust has generously offered to pay the entire cost for the signs and installation.

Is there a motion to authorize this request as submitted?

P. Request to Approve a Supplemental Agreement #6 from Stanley Engineering for High Strength Waste Receiving Station Project

Presented for City Council’s consideration is a request to approve a supplemental agreement #6 proposed by Stanley Consultants for $29,500 to determine whether the existing Recycling Center would be a feasible alternate location for the High Strength Waste Receiving (HSW) Project and to complete a new construction cost estimate. All bids that were received for the HSW Project came in over budget and an alternate plan is required.

Is there a motion to approve this request as submitted?

Q. Discussion on Changing Sections 10-27-5, 10-27-8(C&D) of the City Code.

Request for change is being made to exempt M-1, M-2, and C-1 zoned parcels from our present requirement for hard surfacing where the business use semi-trailers for storage, maintenance, and or repair of any heavy industrial equipment. This request is an attempt to stay consistent and have all comparable businesses have the same surfaces in the City. Vehicle parking lots would stay the same with hard surfacing required as it currently stands.

12. COMMUNICATIONS - RECEIVE AND FILE

13. APPROVAL OF BILLS

It is recommended bills totaling $6,291,857.07, which includes journal entries and receipt summaries for July, August & September 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