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AGENDA
THURSDAY, JUNE 2, 2011 
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 – May 19, 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-B
    * Bills*

    * Approval of attached Bills for Approval totaling $1,633,161.62 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Voluntary Annexation Into the City of Muscatine

      This public hearing concerns the proposed voluntary annexation of real estate into the City of Muscatine. The city received an application from Jerry and Cathy Henning for the voluntary annexation of 62.05 acres of agricultural property generally bounded by Menards to the west, Highway 61 to the north and Solomon Avenue to the east. The Planning and Zoning Commission has reviewed the request and is recommending the application be approved. 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. First reading for a new Class BW Beer/Wine and Sunday Sales Permit for Muscatine Family Restaurant, 1903 Park Avenue #3 – Filiz Inc. (pending inspections and receipt of final paperwork) 

    2.  Request for renewal of a Class C Liquor License and Sunday Sales Permit for Krug’z Pool Hall, 218 Walnut Street – Krug’z Pool Hall Inc. (pending inspections) 

    3. Request for renewal of a Class C Liquor License and Sunday Sales Permit for MVP Lounge, 214 Iowa Avenue – Daniel McFate (pending inspections) 

    4. Request for renewal of a Class C Liquor License and Sunday Sales Permit for El Allende, 1107 Grandview Avenue – El Allende Inc. (pending inspections) 

    5. Request for renewal of a Class B Beer and Sunday Sales Permit for China Buffet, 1903 Park Avenue #48 – China Buffet of Muscatine Inc. (pending inspections) 

    6. Request for renewal of a Class C Beer and Sunday Sales Permit for Fast Avenue One Stop, 2111 Park Avenue – JBC LLC (pending inspections) 

    7. Request for renewal of a Class C Beer/Wine and Sunday Sales Permit for Walgreen’s #5885, 1703 Park Avenue – Walgreen Co. (pending inspections) 

    8. Request Approval of Street Closure 

      Presented for City Council’s consideration is a request to close E. 3rd Street between Mulberry Avenue and Walnut Street on June 11-12, 2011. The purpose of the street closure is to accommodate three flatbed trucks that will be delivering/installing the Civil War Memorial.

      Is there a motion to approve the request as submitted?

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Second Reading of an Ordinance Amending Floodplain Regulations 

      Presented for City Council’s consideration is the second reading of an ordinance amending floodplain regulations. The Federal Emergency Management Agency (FEMA) has completed a Flood Insurance Study and Flood Insurance Rate Map for Muscatine County which goes into effect on July 18, 2011. In order for City of Muscatine residents and businesses to continue their participation in the National Flood Insurance Program, the city must adopt legally enforceable management regulations that are compliant with Title 44 Code of Federal Regulations 60.3.

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

    2. Resolution Voluntarily Annexing Certain Real Estate Into the City of Muscatine 

      Presented for City Council’s consideration is a resolution voluntarily annexing certain real estate into the City of Muscatine. The city received an application from Jerry and Cathy Henning for the voluntary annexation of 62.05 acres of agricultural property generally bounded by Menards to the west, Highway 61 to the north and Solomon Avenue to the east. The Planning and Zoning Commission has reviewed the request and is recommending the application be approved.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Setting Public Hearing to Amend Title 1, Chapter 4 of the City Code Pertaining to Precinct and Ward Boundaries 

      Presented for City Council’s consideration is a resolution setting a public hearing to amend Title 1, Chapter 4 of the City Code pertaining to precinct and ward boundaries. State law requires that upon release of the new decennial census information ward boundaries be adjusted by September 1, 2011 to ensure they comply with the standards contained in the state law. Based on the 2010 census population of 22,886, each ward must have a population as close to 4,577 as possible. Prior to any formal action by City Council, a public hearing is required. This hearing will be held on Thursday, June 16, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving the Contract and Bond for the 2011 Street Improvements Project 

      Presented for City Council’s consideration is a resolution approving the contract and bond for the 2011 Street Improvements Program. At the May 19, 2011 City Council meeting City Council awarded the bid for this project to Illowa Investment Inc. in the amount of $451,409.61. Funding for this project includes $625,000 from the Roadway Maintenance Division for street improvements, which is available until June 30, 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. Request Approval of Settlement Agreement and Release and Landfill Operations Contract 

      Presented for City Council’s consideration is a request to approve a settlement agreement and release and landfill operations contract. The city has been in discussions with Dick Doyle Excavating Inc. concerning the current contract that was signed June 25, 2007. Under the new contract, compaction is to be at the standard of the solid waste industry. Also, the contractor will receive a monthly payment of $25,000 as opposed to payment based on per ton of waste received. In the event additional tonnage over 50,000 tons is received, all additional tons will be paid to the contractor. In addition, adjustment has been made to the baseline fuel surcharge. That amount has been increased from $2.78 to $3.21. The proposed contract will be for July 1, 2011 through June 30, 2016.

      Is there a motion to approve the request as submitted? 

    6. Request Authorization to Purchase Backhoe 

      Presented for City Council’s consideration is a request for authorization to purchase a backhoe. Three bids for a Rubber Tire Loader-Backhoe were received with the low bid from Titan Machinery of Davenport in the amount of $88,950. There is $135,000 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    7. Request to Approve Update to City’s Equal Employment Opportunity Policy 

      Presented for City Council’s consideration is a request to update the City’s Equal Employment Opportunity Policy. It has been 11 years since this policy has been updated, and a number of items in the law have changed. The proposed policy update is in compliance with both federal and state regulations regarding equal employment protection. The city attorney has reviewed the proposed policy.

      Is there a motion to approve the request as submitted? 

    8. Request to Approve Change Order #4 for Phase II of the Mad Creek Levee Project 

      Presented for City Council’s consideration is a request to approve Change Order #4 for Phase II of the Mad Creek Levee Project. To date, the city has secured all permanent and temporary easements related to this project except for one property owner. That negotiation is expected to be completed in the very near future and will permit the project to move forward. Before the final plans and construction documents can be prepared for letting, the city must survey and prepare easement plats affecting the final property owner, CP Rail. This change order will permit Anderson-Bogert Engineers and Surveyors to complete the survey of an estimated 14 parcels, obtain state permits for the closure of 2nd Street during construction and the relocation of utilities, and complete a topography survey for the 2nd Street apartment complex prior to preparing plans and specifications. The cost for this change order is $28,300. The cost for this change order will be fully credited to the city’s obligation for the completion of the project.

      Is there a motion to approve the request as submitted? 

    9. Request from Grain Processing Corporation for Construction Height Allowances 

      Presented for City Council’s consideration is a request from Grain Processing Corporation for construction height allowances. GPC has been preparing plans and specifications for an expansion to their facility located at 1600 Oregon Street. The main components related to the expansion include the construction of a new dryer building and a stack. Both of these structures will exceed the height limitation of 75’ in that zoning district; however, the City Code allows City Council to permit exceptions for a variety of uses such as towers, spires, water tanks, bulkheads, etc. GPC is requesting City Council grant permission to construct these facilities. It is staff’s recommendation that the request from GPC be approved.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors – May 7 & 16, 2011 

    2. Art Center Board of Trustees – April 21, 2011 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,633,161.62 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 

    1. Request approval to go into Closed Session to discuss proposed property purchase 

  16. ADJOURNMENT