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AGENDA
THURSDAY, MARCH 1, 2012 
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 Budget Meeting – February 7 & 8, 2012 

    2. City Council In-Depth Meeting – February 9, 2012 

    3. City Council Special Meeting – February 15, 2012 

    4. City Council Regular Meeting – February 16, 2012 

  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
    * 12 – A-C
    * Bills*

    * Approval of attached Bills for Approval totaling $913,542.29, as well as receipt summaries and journal entries for August through December 2011, is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed R.L. Fridley Theatres Rezoning Request Within the City of Muscatine

      This hearing concerns a proposed R.L. Fridley Theatres rezoning request within the City of Muscatine. A request has been received from R.L. Fridley Theatres Inc. to rezone a 15.029 acre area located at the southwest corner of the Mulberry Avenue/U.S. 61 Bypass intersection from R-1 Residential to S-3 Mixed Use. Prior to any formal action, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Concession Contract for Kent Stein Park, Soccer Complex, and Aquatic Center

      This public hearing concerns a proposed concession contract for Kent Stein Park, the Soccer Complex, and the Aquatic Center. The city is proposing to enter into a two-year concession lease agreement with Happy Joes Pizza for the abovementioned sites. Due to the length of the agreement, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed Amendment #1 to the City Budget for Fiscal Year Ending June 30, 2012

      This public hearing concerns a proposed Amendment #1 to the City Budget for the fiscal year ending June 30, 2012. The 2011/2012 budget will be amended to the revised estimate amounts considered by City Council during the 2012/2013 budget review process. This includes amending both revenues and expenditures to the currently estimated amounts. Amendments include updated revenue estimates, updated capital project construction schedules, additional grant-funded projects, and other increased operating costs. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    4. Proposed Adoption of the City Budget for Fiscal Year 2012/2013

      This public hearing concerns the proposed adoption of the City Budget for Fiscal Year 2012/2013. Recently the city concluded its budget review process for the fiscal year beginning July 1, 2012 through June 30, 2013. Following the City Council’s review and adjustments, the city budget expenditures and transfers out total $60,413,091and revenues and other financing sources total $57,386,408. The budget includes a proposed tax levy rate of $15.77146/$1,000 taxable valuation. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    5. Proposed Loan Agreement for the Bond Issue Scheduled for June 1, 2012

      This public hearing concerns proposed loan agreements for the bond issue scheduled for June 1, 2012. During the recent budget discussions, City Council discussed the issuance of $4,500,000 in General Obligation Bonds dated June 1, 2012. Of this total amount, up to $4,050,000 is for projects considered to be Essential Corporate Purposes. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    6. Proposed Loan Agreement for the Bond Issue Scheduled for June 1, 2012

      This public hearing concerns proposed loan agreements for the bond issue scheduled for June 1, 2012. During the recent budget discussions, City Council discussed the issuance of $4,500,000 in General Obligation Bonds dated June 1, 2012. Of this total amount up to $450,000 is for the South End Fire Station which is considered a General Corporate Purpose. 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 C Liquor License for Francesca Vitale’s at 128 E. 2nd Street – Francesca Vitale (pending inspections and receipt of final paperwork) 

    2. Request Approval of Use of City Property for the Hayes Hustle 

      Presented for City Council’s consideration is a request to hold the Hayes Hustle 5K Race on April 14, 2012 beginning at 9:00 a.m. The event will begin at the Hayes school on Cedar Street and will travel to Fulliam up to Houser and from Houser back to the school. The event is expected to last approximately 1 ½ hours.

      Is there a motion to approve the request as submitted? 

  9. FROM THE MAYOR 

    1. Appointment of Dr. Bradley Bark D.C. to the Art Center Board of Trustees and Julie Wolf to the Historic Preservation Commission 

      Is there a motion to approve the appointments as submitted?

  10. FROM THE PLANNING AND ZONING COMMISSION 

    1. Resolution Setting a Public Hearing on Proposed Voluntary Annexation of Property Owned by the City of Muscatine at the Municipal Airport 

      Presented for City Council’s consideration is a resolution setting a public hearing on a proposed voluntary annexation of property owned by the City of Muscatine at the Municipal Airport. Over the past several years additional acreage was acquired by the City of Muscatine and added to the airport property as part of the Federal Aviation Administration’s building restriction line program. Approximately 47 acres of this area is located outside, but adjacent to, the corporate limit line. Staff has initiated the annexation of this property located in two distinct locations at the airport. This annexation would bring the entire airport within the city’s corporate limit line. The Planning & Zoning Commission has reviewed the request and is recommending City Council take action to approve the voluntary annexation of this property. Prior to any formal action by City Council, a public hearing is required. This hearing will be held Thursday, April 5, 2012, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    2. Resolution Setting Public Hearing on the Proposed Voluntary Annexation of Property Into the City of Muscatine 

      Presented for City Council’s consideration is a resolution setting a public hearing on the proposed voluntary annexation of property into the City of Muscatine. The Parkview Condominium Association and the Irish Ivy Subdivision have signed voluntary annexation agreements with the City of Muscatine. The city has extended sanitary sewer to serve the areas as was required in the voluntary annexation agreements. Additionally, the annexation of a 1.8 acre city owned parcel located directly south containing a multi-use trail is also being proposed. The Planning & Zoning Commission has reviewed the request and is recommending City Council take action to approve the voluntary annexation of these properties. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, April 5, 2012, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Setting Public Hearing on the Proposed Voluntary Annexation of Property Into the City of Muscatine 

      Presented for City Council’s consideration is a resolution setting a public hearing on the proposed voluntary annexation of property into the City of Muscatine. R.L. Fridley Theatres Inc. is requesting the voluntary annexation of a 2.8 acre site located in the vicinity of the Mulberry Avenue/U.S. 61 Bypass intersection. This acreage is the unincorporated portion of a larger parcel which the applicant has previously requested be rezoned from R-1 Residential to S-3 Large Scale Mixed Use to allow for the construction of a proposed theatre complex. The Planning & Zoning Commission has reviewed this request and is recommending City Council approve this rezoning request. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, April 5, 2012, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

  11. FROM THE CITY ADMINISTRATOR 

    1. First Reading of an Ordinance on a Proposed Rezoning Request within the City of Muscatine 

      Presented for City Council’s consideration is the first reading of an ordinance on a proposed rezoning request within the City of Muscatine. A request has been received from R.L. Fridley Theatres Inc. to rezone a 15.029 acre area located at the southwest corner of the Mulberry Avenue/U.S. 61 Bypass intersection from R-1 Residential to S-3 Mixed Use.

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

    2. Resolution Adopting Amendment #1 to the City Budget for the Fiscal Year Ending June 30, 2012 

      Presented for City Council’s consideration is a resolution adopting Amendment #1 to the City Budget for the fiscal year ending June 30, 2012. The 2011/2012 budget will be amended to the revised estimate amounts considered by City Council during the 2012/2013 budget review process. This includes amending both revenues and expenditures to the currently estimated amounts. Amendments include updated revenue estimates, updated capital project construction schedules, additional grant-funded projects, and other increased operating costs.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Adopting the City Budget for Fiscal Year 2012/2013 

      Presented for City Council’s consideration is a resolution adopting the city budget for fiscal year 2012/2013. Recently the city concluded its budget review process for the fiscal year beginning July 1, 2012 through June 30, 2013. Following the City Council’s review and adjustments, the city budget expenditures and transfers out total $60,413,091and revenues and other financing sources total $57,386,408. The budget includes a proposed tax levy rate of $15.77146/$1,000 taxable valuation.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving Loan Agreement and General Obligation Corporate Purpose Bonds and Providing for the Levy of Taxes to Pay Same 

      During the recent budget discussions, City Council discussed the issuance of $4,500,000 in General Obligation Bonds dated June 1, 2012. Of this total amount, up to $4,050,000 is for projects considered to be Essential Corporate Purposes and up to $450,000 is for the South End Fire Station which is considered a General Corporate Purpose.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Accepting a Capital Funding Grant for Fiscal Year 2012 and Approving the Muscatine Municipal Housing Agency Five-Year Plan for 2012-2016 

      Presented for City Council’s consideration is a resolution accepting a capital funding grant for fiscal year 2012 and approving the Muscatine Municipal Agency Five-Year Plan for 2012-2016. On February 13, 2012 the MMHA was granted $151,875 for its Capital Fund Program for fiscal year 2012. The grant is a reduction of $19,143 from the original projection of $171,000. Modifications and reductions to the fiscal year 2012 original work statement will allow the MMHA to utilize the total grant amount of $15,875.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Awarding the Bid for the Cedar Street Clearing Project in Preparation of the 2012 Utility Work 

      Presented for City Council’s consideration is a resolution awarding the bid for the Cedar Street Clearing Project in Preparation for the 2012 utility work. Tree clearing is necessary at various locations along Cedar Street from Parham to Houser. Clearing will allow utility companies to relocate existing lines where they will not conflict with future grading, paving and storm sewer work. Four bids were submitted for this project with the low bid from Sulzberger Excavating in the amount of $24,596.25. The engineer’s estimate was $30,260.

      Is there a motion to adopt the resolution as submitted?

    7. Resolution Setting a Public Hearing on the West Hill Area Sanitary and Storm Sewer Separation Project – Phase 1 

      Presented for City Council’s consideration is a resolution setting a public hearing on the West Hill Area Sanitary and Storm Sewer Separation Project – Phase 1. The city is under a federal EPA Consent Order to separate all storm and sanitary sewers by 2024. Over the past 20 years, the city has been separating storm and sanitary sewers in the community through the use of the local option sales tax. In order to complete the process, a very large and significant separation project of the city’s West Hill area must now be undertaken. The project will be done in phases with Phase I beginning this spring. Prior to any formal action by City Council, a public hearing is required. This public hearing will take place Thursday, March 15, 2012, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    8. Request to Approve a Concession Agreement for Kent Stein Park, Soccer Complex, and Aquatic Center 

      Presented for City Council’s consideration is a resolution approving a concession agreement for Kent Stein Park, the Soccer Complex, and the Aquatic Center. The city is proposing to enter into a two-year concession lease agreement with Happy Joes Pizza for the abovementioned sites.

      Is there a motion to adopt the resolution as submitted? 

    9. Request Approval of Low Bid for the Dismantling and Rebuilding of Storage Building at the Water Pollution Control Plant 

      Presented for City Council’s consideration is a request to approve the low bid for the dismantling and rebuilding of a storage building at the Water Pollution Control Plant. Bids were received for the dismantling of a steel building located at the former National Guard Armory site at 1421 Park Avenue and reconstructing it on a new foundation including a floor and driveway at the WPCP. The low bid is from Quality Construction Services in the amount of $136,703. There is $225,000 budgeted for the construction of a new storage building at the WPCP.

      Is there a motion to approve the request as submitted? 

    10. Request Approval of Spring Cleaning Week 

      Presented for City Council’s consideration is a request to approve Spring Cleanup Week for April 23-27, 2012. April is “Keep America Beautiful” month and April 22, 2012 is “Earth Day. Spring Cleanup Week is established to coincide with these two events. The purpose of this activity is to encourage residents to clean up their homes, yards, and neighborhoods for the upcoming spring and summer season.

      Is there a motion to approve the request as submitted? 

    11. Request to Enter Grant Agreement for Storm Warning Siren Upgrades 

      Presented for City Council’s consideration is a request to enter into a grant agreement for storm warning siren upgrades. The city has been awarded federal assistance under the Hazard Mitigation Grant Program for the purchase and installation of 23 outdoor warning siren radio controllers. The upgrading of the sirens would eliminate the telephone line notification and would change it to radio controlled activation which would have an annual cost savings of approximately $13,200. The total grant award is $59,527 with the city’s match being 15% or $8,930.

      Is there a motion to approve the request as submitted? 

    12. Request Approval to Enter Right-of-Way Services Agreement for the Colorado Street Improvement Project 

      Presented for City Council’s consideration is a request for approval to enter into a right-of-way services agreement for the Colorado Street Improvement Project. The city is examining optional alignments for this project. In order to complete the project, the city will need to acquire a portion of two properties in fee title. It is staff’s recommendation that City Council approve the right-of-way services agreement with A&R Land Services Inc. for the title acquisition of these properties. The estimated cost of $16,020 will be from funds allocated for this project.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $913,542.29, as well as receipt summaries and journal entries for August through December 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 

  16. ADJOURNMENT