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AGENDA
THURSDAY, JUNE 16, 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 – June 2, 2011 

    2. In-Depth Meeting – June 9, 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-L
    * 13 – A-E
    * Bills*

    * Approval of attached Bills for Approval totaling $1,747,953.38, as well as journal entries and receipt summaries for April 2011, is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Amendment of Title 1, Chapter 4 of the City Code Pertaining to Precinct and Ward Boundaries

      This public hearing concerns the proposed amendment of 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.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

    1. Second 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 to add a Class E Liquor License for Kum & Go #438, 1010 Park Avenue – Kum & Go LLC 

    3. Request to add a Class E Liquor License for Circle K #6600, 8th & Cypress – Mac’s Convenience Stores LLC 

    4. Request for renewal of a Class BW Beer/Wine and Sunday Sales Permit with Outdoor Service Area for Elly’s Tea & Coffee House, 208 W. 2nd Street #8 – Elly’s Tea & Coffee House LLC (pending inspections) 

    5. Request for renewal of a Class BW Beer/Wine Permit for Tantra Thai Bistro, 101 W. Mississippi Drive #101 – CNY Group Inc. (pending inspections) 

    6. Request for renewal of a Class BW Beer/Wine and Sunday Sales Permit for Peking Restaurant, 1700 Park Avenue, Suite #C – Peking Chinese Restaurant Inc. (pending inspections) 

    7. Request for renewal of a Class A Liquor License and Sunday Sales Permit for VFW Post #1565, 421 Mulberry Avenue – Veterans of Foreign Wars Club Inc. (pending inspections) 

    8. Request for renewal of a Class C Liquor License for La Guadalajara Restaurant, 208 E. 2nd Street – La Guadalajara Restaurant LLC (pending inspections) 

    9. Request for renewal of a Class C Liquor License for Jody’s Corner Tap, 226 Walnut Street – Jody’s Corner Tap Inc. (pending inspections) 

    10. Request for renewal of a Class C Liquor License with Outdoor Service for The Pearl, 101 W. Mississippi Drive – The Pearl LLC (pending inspections) 

    11. Request for renewal of a Class E Liquor License and Sunday Sales Permit for Cigarette Outlet #16, 1504 Park Avenue – The Outlet Inc. (pending inspections) 

    12. Request for 28 Cigarette Permits from July 1, 2011 through June 30, 2012 

    13. Request for extension of Outdoor Service Area for The Missipi Brewing Company, 107 Iowa Avenue, for June 24-26, 2011 and July 1-5, 2011

    14. Request from VFW Post #1565 for Use of City Property 

      Presented for City Council’s consideration is a request from VFW Post #1565 for the use of city property for a barbeque and ice cream social on the 4th of July. The event will take place from 11 a.m. to 6 p.m. at 421 Mulberry Avenue and the adjacent parking lot. This will be the second year for this event.

      Is there a motion to approve the request as submitted? 

    15. Request for Use of City Property for a Street Dance 

      Presented for City Council’s consideration is a request from Ruth Wilson, owner of One More Round LLC, to close E. 2nd Street between Cedar and Sycamore streets for a street dance. The event will take place on Saturday, August 13, 2011. Street closure is requested to begin at 8 a.m. to allow for setup of the event with the actual dance taking place from 3 p.m. to midnight.

      Is there a motion to approve the request as submitted? 

    16. Request for Use of City Property for Civil War Memorial Rededication 

      Presented for City Council’s consideration is a request from the Civil War Memorial Committee for the use of city property for rededication of the Muscatine County Civil War Memorial. The committee is requesting the closure of E. 3rd Street between Mulberry Avenue and Walnut Street on July 2, 2011, from 6 a.m. to 6 p.m.

      Is there a motion to approve the request as submitted?

  9. FROM THE MAYOR 

    1. Request to Approve Appointments and Reappointments to the City’s Various Boards and Commissions

      Is there a motion to approve the request as submitted? 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Final Reading of an Ordinance Amending Floodplain Regulations 

      Presented for City Council’s consideration is the final 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 adopt on final reading the ordinance as submitted and direct for its publication as required by law? 

    2. First Reading of an Ordinance Amending Title 1, Chapter 4 of the City Code Pertaining to Precinct and Ward Boundaries

      Presented for City Council’s consideration is the first reading of an ordinance amending 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.

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

    3. Resolution Accepting Low Bid and Awarding Contract for Airport Runway Lighting Improvements 

      Presented for City Council’s consideration is a resolution accepting the low bid and awarding the contract for airport runway lighting improvements. The city was notified by the Federal Aviation Administration (FAA) that funding would be made available to rehabilitate runway lighting at the municipal airport. This funding will allow the replacement of direct burial cable with protected conduit, updated conductors, and lighting. Bids were solicited for this project with the low bid from Kimrey Electric of Urbandale, Iowa, in the amount of $325,005.30. The FAA concurs with the city’s bid award. The project will be paid for through 95% federal funding and a 5% local share. The city is awaiting final notification from our legislative delegation that the funding has been awarded.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Setting Public Hearing on 2nd Street Apartments Parking Lot Improvements 

      Presented for City Council’s consideration is a resolution setting a public hearing on the 2nd Street Apartments parking lot improvements. The city has entered into a Cooperation Agreement with the United States Army Corps of Engineers for the design and construction of improvements to the Mad Creek Levee. In October 2010 the City Council approved a resolution establishing temporary and permanent easements acquired from the owners of the apartment building located at 903 E. 2nd Street. That agreement provides for the city to construct and pay for the parking lot improvements being lost as part of the levee project. Prior to any improvements being constructed, a public hearing is required. This public hearing will be held on Thursday, July 7, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    5. Request to Approve Rejection of All Bids for the 2011 Curb and Gutter and Street Maintenance Program 

      Presented for City Council’s consideration is a request to approve the rejection of all bids for the 2011 Curb and Gutter and Street Maintenance Program. Four bids were received for this project ranging from $100,982 to $158,714. There is $69,000 budgeted for the work. As a result, staff is recommending that all bids be rejected due to insufficient funds for the proposed work.

      Is there a motion to approve the request as submitted? 

    6. Request to Approve Extension of Completion Date for the Hershey Avenue Area Sewer Separation Project Contract II 

      Presented for City Council’s consideration is a request to approve an extension of the completion date for the Hershey Avenue Area Sewer Separation Project Contract II. The general contractor has been working on this CSO separation project since 2010. Originally the work was scheduled to be completed this spring and the contractor had asked to extend the completion date to June 30, 2011. The contractor realizes they will not be able to meet this date and have asked that the completion date be extended to August 19, 2011. This date seems appropriate since the contractor is making significant progress in the final stage of the project. Staff recommends the extension be approved.

      Is there a motion to approve the request as submitted? 

    7. Request to Approve General Contractor Agreement 

      Presented for City Council’s consideration is a request to approve the general contractor agreement. The current agreement with BMW expires on June 30, 2011. One proposal was received from BMW 2 which is part of the family business started by Brian Wolfe (BMW). The proposal from BMW 2 is unchanged from the previous contract with two exceptions. The first is an increase in the rate for licensed plumbers ($4.60 per hour increase) and the second an increase for licensed electricians ($7.50 per hour increase). The agreement would be from July 1, 2011 through June 30, 2014 with a possible one-year extension. Staff has determined that the use of a general contractor has been very effective in dealing with city needs in an efficient manner.

      Is there a motion to approve the request as submitted? 

    8. Request from Police Department to Approve Memorandum of Understanding for Justice Assistance Grant (JAG) Funding 

      Presented for City Council’s consideration is a request from the Police Department to approve a Memorandum of Understanding for Justice Assistance Grant (JAG) funding. In order to receive funding from the JAG direct award, it is necessary for the city to enter into a Memorandum of Understanding with the county that funds will be divided equally between both parties. The Department of Justice recently notified the city and county that $20,801 has been allocated as part of the grant award. The State of Iowa requires that 20% ($4,160.20) be allocated to the Muscatine County Drug Taskforce. Therefore, the city and county each will be receiving $8,320.40. There is no local match requirement for this grant. It is staff’s recommendation the Memorandum of Understanding be approved.

      Is there a motion to approve the request as submitted? 

    9. Request to Approve City’s Insurance Renewal for 2011/2012 

      Presented for City Council’s consideration is a request to approve the city’s insurance renewal effective July 1, 2011. As outlined in the Executive Summary provided by Holmes Murphy, it is their recommendation that the city renew its property/casualty policy with Traveler’s Insurance Company and Workers’ Compensation coverage with United Heartland. One notable change is the addition of a cyber-liability policy. The cost for this coverage will be offset by switching the airport coverage to a lower cost, but experienced, provider.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors – May 23, 2011 

    2. MP&W Board – April 26, 2011 

    3. MP&W Communications Utility – April 2011 

    4. MP&W Electric Utility – April 2011 

    5. MP&W Water Utility – April 2011 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,747,953.38, as well as journal entries and receipt summaries for April 2011, 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 pending litigation 

  16. ADJOURNMENT