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AGENDA
THURSDAY, MARCH 15, 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 Regular Meeting – March 1, 2012 

    2. In-Depth Meeting – March 8, 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-C
    * 12 – A-C
    * Bills*

    * Approval of attached Bills for Approval totaling $1,201,267.99, as well as receipt summaries and journal entries for January 2012, is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Application to the Iowa Department of Transportation for State and Federal Transit Funds for Fiscal Year 2012/2013

      This public hearing concerns the proposed application to the Iowa Department of Transportation for state and federal transit funds for fiscal year 2012/2013. Each year the city is required to submit a request to the State of Iowa for federal and state assistance to support the city’s MuscaBus operation. As part of the city’s application, it is anticipated the city would receive $249,873 in federal assistance, $161,424 in state assistance, $9,027 for the New Freedom program, and $44,093 for the JARC program. Prior to any formal application being made, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed West Hill Area Sanitary and Storm Sewer Separation Project – Phase I

      This public hearing concerns the proposed West Hill Area Sanitary and Storm Sewer Separation Project – Phase I. 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.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

    1. Request to Approve Cigarette Permit for Family Dollar Store #1820, 725 E. 2nd Street – Family Dollar Stores, effective July 1, 2012 through June 30, 2012 

    2. Request to Approve Cigarette Permit for Family Dollar Store #1820, 725 E. 2nd Street – Family Dollar Stores, effective July 1, 2012 through June 30, 2013 

    3. Request to Approve Cigarette Permit for Walmart #550, 3003 N. Highway 61 – Walmart Stores Inc., effective July 1, 2012 through June 30, 2013 

    4. Request for Use of City Property for Muscatine Area Farmer’s Market 

      Presented for City Council’s consideration is the request for use of city property for the Muscatine Area Farmer’s Market from May 5, 2012 through October 27, 2012. The market will be open from 6:00 a.m. to noon and will be in Lot 7 at the corner of 3rd and Cedar streets. The market will stay at this location until the West Hill Sewer Project begins and it will then be moved to Lot 8 behind the Batterson Building.

      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. First Reading of an Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2012 Addition to the Consolidated Urban Renewal Area as It Relates to the R.L. Fridley Theatres Development Project 

      Presented for City Council’s consideration is the first reading of an ordinance providing for the division of taxes levied on taxable property in the 2012 Addition to the Consolidated Urban Renewal Area as it relates to the R.L. Fridley Theatres Development Project. Certain real property situated in the Consolidated Muscatine Urban Renewal Area was designated as a “tax increment district”. The city is now interested in increasing the size of the “tax increment district” by adding additional property that is related to the abovementioned development project.

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

    2. First Reading of an Ordinance Amending Title 2 Boards and Commissions, Chapter 19 Board of Water, Electric and Communications Trustees, Section 5 Trustee Requirements 

      Presented for City Council’s consideration is the first reading of an ordinance amending Title 2 Boards and Commissions, Chapter 19 Board of Water, Electric and Communications Trustees, Section 5 Trustee Requirements. Muscatine Power & Water has requested that City Council amend the ordinance to reflect their service areas, which include water and electric, rather than just the city limits when considering members for the Board of Water, Electric and Communication Trustees. The proposed ordinance reflects this change along with the requirement that only one resident residing outside the city limits can be appointed to the Board.

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

    3. First Reading of an Ordinance Amending Title 1 Administrative, Chapter 6 Mayor and City Council, Section 7 Qualifications of the Mayor and Council Members 

      Presented for City Council’s consideration is the first reading of an ordinance amending Title 1 Administrative, Chapter 6 Mayor and City Council, Section 7 Qualifications of the Mayor and City Council Members. The purpose of this proposed ordinance is to clarify the residency requirements of the Mayor and Council members.

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

    4. Second Reading of an Ordinance on a Proposed Zoning Change Within the City of Muscatine as it Relates to the R.L. Fridley Theatres Development Project 

      Presented for City Council’s consideration is the second 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 second reading of the ordinance as submitted? 

    5. Resolution Authorizing Submission of an Application to the Iowa Department of Transportation for State and Federal Transit Funds for Fiscal Year 2012/2013 

      Presented for City Council’s consideration is a resolution authorizing the submission of an application to the Iowa Department of Transportation for state and federal transit funds for fiscal year 2012/2013. Each year the city is required to submit a request to the State of Iowa for federal and state assistance to support the city’s MuscaBus operation. As part of the city’s application, it is anticipated the city would receive $249,873 in federal assistance, $161,424 in state assistance, $9,027 for the New Freedom program, and $44,093 for the JARC program.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting Date for Receipt of Bids for the West Hill Area Sanitary and Storm Sewer Separation Project – Phase I 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, cost estimate and setting the date for receipt of bids for the West Hill Area Sanitary and Storm Sewer Separation Project – Phase I. 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.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Setting Public Hearing on the Plans, Specifications, Form of Contract, Cost Estimate and Setting Date for Receipt of Bids for the Project Identified as “Rehabilitate Airfield Pavements” at the Municipal Airport 

      Presented for City Council’s consideration is a resolution setting a public hearing on the plans, specifications, form of contract, cost estimate and setting the date for receipt of bids for the project identified as “Rehabilitate Airfield Pavements” at the Municipal Airport. The project will involve the repair of joint seal damage, corner spalling, joint spalling, holes, linear cracking, durability cracking, scaling, and failed patching. Repair techniques will include joint cleaning and sealing, crack routing and sealing, partial depth PC concrete patching, and full depth PC patching. The engineer’s estimate for this project is $121,000. If approved, the project will receive 90% federal funding with a 10% local share. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, April 5, 2012, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Authorizing the Submission of a Fiscal Year 2013 Resource Enhancement & Protection (REAP) Historic Resource Development Project (HRDP) Grant Application 

      Presented for City Council’s consideration is a resolution authorizing the submission of a fiscal year 2013 Resource Enhancement & Protection (REAP) Historic Resource Development Project (HRDP) grant application. The Muscatine Historic Preservation Commission is requesting approval to submit an HRDP application to the State Historical Society of Iowa to help finance four proposed neighborhood reconnaissance surveys. The amount of the grant request is approximately $17,900. The HPC has raised approximately $9,100 to meet the required match. An additional $100 is being requested from the city through an in-kind contribution for copying, postage, and other minor office expenses. Staff time to complete the grant application and administer any grant award is also being requested.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Accepting Patent for the Former National Guard Armory Property at 1421 Park Avenue 

      Presented for City Council’s consideration is a resolution accepting the patent for the former National Guard Armory property located at 1421 Park Avenue. In September 2007 the State of Iowa was granted a long-term lease of 17.276 acres of real estate located in the southeast portion of the Municipal Airport in exchange for the former National Guard Armory property and buildings located at 1421 Park Avenue. The joint readiness facility for both the Army Reserves and Iowa National Guard has been completed. It would now be appropriate for the City Council to accept the patent for the property at 1421 Park Avenue.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Authorizing the Disposal of the Former National Guard Armory Property at 1421 Park Avenue 

      Presented for City Council’s consideration is a resolution authorizing the disposal of the former National Guard Armory property at 1421 Park Avenue. The patent for the property has been received and accepted by City Council. It is staff’s recommendation that City Council authorize the City Administrator to take the necessary steps to dispose of the property.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Concerning the Proposed Sale of the Former National Guard Armory Property at 1421 Park Avenue 

      Presented for City Council’s consideration is a resolution concerning the proposed sale of the former National Guard Armory property at 1421 Park Avenue. The sale of this property will be conducted by a closed bid auction and conveyance will be by Special Warranty Deed. The closed bid auction will take place at 10:00 a.m. on April 11, 2012 in the lower level conference room of City Hall.

      Is there a motion to adopt the resolution as submitted? 

    12. Request to Approve Change Order #4 for the South End Fire Station Project 

      Presented for City Council’s consideration is a request to approve Change Order #4 for the South End Fire Station Project. This change order in the amount of $5,061 covers miscellaneous items that need to be done.

      Is there a motion to approve the request as submitted? 

    13. Request to Approve the 2012/2013 Road Salt Purchase Agreement Between the City of Muscatine and the City of Davenport 

      Presented for City Council’s consideration is a request to authorize the 2012/2013 Road Salt Purchase Agreement between the City of Muscatine and the City of Davenport. Annually the City of Davenport acts as the lead agency for the purchase of road rock salt for communities in the Quad Cities area. In order to move forward in purchasing the road rock salt, the City of Davenport is requesting that all members of the consortium secure the approval of their respective legislative bodies. The agreement stipulates that 50% of the order be paid between July 1, 2012 and July 10, 2012. Once the salt is delivered, the respective communities will be invoiced for the balance. RFP’s for the salt purchase will be sent in late March or early April.

      Is there a motion to approve the request as submitted? 

    14. Request Authorization to Install Historic District Signs for the West Hill and Downtown Historic Districts 

      Presented for City Council’s consideration is a request to install historic district signs for the West Hill and Downtown Historic districts. The purpose of the signs is to define the boundaries of the two historic districts. A total of 11 signs will be installed with the assistance of Roadway Maintenance staff. The total cost for the signs will be paid from private funds. The Traffic Committee unanimously supports the installation of the signs.

      Is there a motion to approve the request as submitted? 

    15. Request Authorization to Issue Purchase Orders for Storm Warning Siren Upgrades 

      Presented for City Council’s consideration is a request for authorization to issue a purchase order 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. Danko Emergency Equipment is the sole source provider for the outdoor warning systems. Staff is requesting the issuance of two purchase orders. One will be in the amount of $35,279.50 for equipment and the second for $24,247.50 for installation. 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. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors –February 20 & 27, 2012 

    2. Planning & Zoning Commission – February 14, 2012 

    3. NFPA Survey – January 2012 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,201,267.99, as well as receipt summaries and journal entries for January 2012, 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 to Enter a Closed Session for Property Acquisition 

  16. ADJOURNMENT