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AGENDA
THURSDAY, APRIL 19, 2012
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL


  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

    1. Swearing in of Police Officers Andrew Fry and Minnat Patel

      At this time Police Officers Fry and Patel will be sworn in. 

    2. Presentation to Former Mayor Dick O’Brien for the Renaming of Harbor Drive to O’Brien Parkway

      At this time a presentation will be made to former Mayor Dick O’Brien for the renaming of Harbor Drive to O’Brien Parkway. 

  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 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.


    * Items 6A-B - Approval of City Council Minutes 

    1. April 5, 2012 Regular Meeting 

    2. April 12, 2002 In-Depth Minutes


    * Items 8A-B - Petitions and Communications

    1. Request for renewal of a Class C Liquor License, Outdoor Service, and Sunday Sales Permit for Mike’s Hilltop Tap, 929 Lucas Street – Mike’s Hilltop Tap Inc. (pending inspections)

    2. Request for renewal of a Class C Beer Permit and Sunday Sales Permit for Highway 61 Fuels LLC, 3103 Highway 61 North – Highway 61 Fuels LLC (pending inspections) 

    3. Request for Issuance of a Burn Permit 

      Presented for City Council’s consideration is a request from Chad McDaniel and Eric Wagner, for the issuance of a burn permit. Both of their individual lots (895 and 897 Newell Avenue) combined equal almost an acre. A large majority (80%) of the lots is wooded and due to the 2010 tornado there are large masses of fallen trees. The purpose of the request is to allow Mr. McDaniel and Mr. Wagner the opportunity to burn deadfall at their convenience.

      Is there a motion to approve the request as submitted?


    * Item 9A - From the Mayor

    1. Proclamation Declaring May 2012 as “Motorcycle Safety Awareness Month” 


    * Items 12A-B - Communications Receive and File

    1. Muscatine County Board of Supervisors – March 26, 2012 & April 2, 2012 

    2. Historic Preservation Commission – March 21, 2012 


    * Bills*

    * Approval of attached Bills for Approval totaling $1,350,731.38 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Project Identified as “Rehabilitate Airfield Pavements” at the Municipal Airport

      This public hearing concerns the proposed 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.

      Now is the time for the public to comment. 

    2. Proposed Sale of the Former National Guard Armory Property at 1421 Park Avenue

      This public hearing concerns the proposed sale of the former National Guard Armory property at 1421 Park Avenue. A closed bid auction took place on April 11, 2012 with one bid being received from Kum & Go L.C. of West Des Moines, Iowa, in the amount of $350,000. Prior to authorizing the sale of the property, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed General Obligation Refunding Loan Agreement

      This public hearing concerns the proposed general obligation refunding loan agreement. City Council previously took action to approve the $4.5 million bond issue to be dated June 1, 2012. The city’s financial consultant completed an analysis of the city’s outstanding bond issues to determine if there would be financial benefits for refunding any of the current debt. Only the 2003 bond issue is currently callable with one payment remaining after the current year’s payment. The final payment is due June 1, 2013 with a principal amount of $215,000 and interest during the 2012/2013 fiscal year of $6,450. Staff is proposing City Council take action to call the final year of the 2003 issue and incorporate this action into the upcoming bond issue. This action would result in a savings of approximately $4,800 in interest costs to the city. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    4. Proposed Development Agreement with R.L. Fridley Theatres Inc.

      This public hearing concerns the proposed development agreement with R.L. Fridley Theatres Inc. This agreement pertains to the development of a commercial movie theatre complex and adjacent out lots, which provides for certain financial incentives in the form of property tax payments. The agreement to make incremental property tax payments will not be a general obligation of the city but will be payable solely and only from incremental property tax revenues generated within the Consolidated Muscatine Urban Renewal Area. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    5. Proposed Harrison Street Construction Project

      This public hearing concerns the proposed Harrison Street Construction Project. Harrison Street from Park Avenue to Bandag Drive has been identified as a street infrastructure improvement. The proposed roadway would provide a detour during Colorado Street construction scheduled to take place in 2013. The estimated construction costs are approximately $400,000 with additional costs for design, inspection, easement survey, permits, and administration. It is anticipated construction would be completed in 2012. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    6. Proposed Cedar Street Utility Project

      This public hearing concerns the proposed Cedar Street Utility Project. This project has been divided into three phases. Phase I is nearing completion. Phase II, which will take place in 2012, will be water, electric, gas, and telephone utility relocations. The final phase, which will be paving reconstruction and grading from Parham to Houser, will take place in 2013. 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 

  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 May 2012 Addition to the Consolidated Muscatine Urban Renewal Area 

      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 May 2012 Addition to the Consolidated Muscatine Urban Renewal Area. 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. Final 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 final 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 final reading of the ordinance as submitted and direct for its publication as required by law? 

    3. Final 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 final 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 final reading of the ordinance as submitted and direct for its publication as required by law? 

    4. Final 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 final 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 final reading of the ordinance as submitted and direct for its publication as required by law? 

    5. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate, and Setting the Bid Opening Date for the Project Identified as “Rehabilitate Airfield Pavements” at the Municipal Airport 

      Is there a motion to adopt the resolution approving the plans, specifications, form of contract, cost estimate and setting the bid opening date for the project identified as “Rehabilitate Airfield Pavements” at the Municipal Airport? 

    6. Resolution Authorizing the Sale of the Former National Guard Armory Property Located at 1421 Park Avenue 

      Is there a motion to adopt the resolution authorizing the sale of the former National Guard Armory property located at 1421 Park Avenue to Kum & Go L.C. of West Des Moines, Iowa, in the amount of $350,000? 

    7. Resolution Approving an Executed Deed for the Former National Guard Armory Property Located at 1421 Park Avenue 

      Is there a motion approving an executed deed between the City of Muscatine and Kum & Go L.C. of West Des Moines, Iowa, for the former National Guard Armory property located at 1421 Park Avenue? 

    8. Resolution Taking Additional Action on the General Obligation Refunding Loan Agreements, Setting Date for Sale of General Obligation Corporate Purpose and Refunding Bonds Series 2012, Authorizing the Use of Preliminary Official Statement in Connection therewith, and Authorizing Call of Outstanding Bonds 

      Presented for City Council's consideration is a taking additional action on the General Obligation Refunding Loan Agreements, setting date for sale of General Obligation Corporate Purpose and Refunding Bonds Series 2012, authorizing the use of Preliminary Official Statement in connection therewith, and authorizing call of outstanding bonds. City Council previously took action to approve the $4.5 million bond issue to be dated June 1, 2012. The city’s financial consultant completed an analysis of the city’s outstanding bond issues to determine if there would be financial benefits for refunding any of the current debt. Only the 2003 bond issue is currently callable with one payment remaining after the current year’s payment. The final payment is due June 1, 2013 with a principal amount of $215,000 and interest during the 2012/2013 fiscal year of $6,450. Staff is proposing City Council take action to call the final year of the 2003 issue and incorporate this action into the upcoming bond issue which would result in increasing the bond issue from $4.5 million to $4,715,000. The increase in the issue will result in a savings of approximately $4,800 in interest costs to the city.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Approving a Proposed Development Agreement with R.L. Fridley Theatres Inc.

      Is there a motion to adopt the resolution approving a proposed development agreement with R.L. Fridley Theatres Inc.? 

    10. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting a Bid Opening Date for the Harrison Street Extension Project 

      Is there a motion to adopt the resolution approving the plans, specifications, form of contract, cost estimate and setting a bid opening date for the Harrison Street Extension Project? 

    11. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting a Bid Opening Date for the Cedar Street Utility Project 

      Is there a motion to adopt the resolution approving the plans, specifications, form of contract, cost estimate and setting a bid opening date for the Harrison Street Extension Project? 

    12. Resolution Setting Public Hearing for the Mad Creek Sewer Extension Project 

      Presented for City Council’s consideration is a resolution setting a public hearing for the Mad Creek Sewer Extension Project. The Clearview Mobile Home Court is under a court order to modify the existing failing lagoon system to meet regulations. The city has proposed extending the Mad Creek gravity sewer from Park Avenue West to Clearview. Prior to any formal action by City Council, a public hearing is required. This public hearing will be Thursday, May 3, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    13. Resolution Awarding the Contract for the West Hill Sewer Project – Phase I 

      Presented for City Council’s consideration is a resolution awarding the contract for the West Hill Sewer Project – Phase I. Five bids were submitted for this project with the low bid from Langman Construction in the amount of $3,688,235.27.

      Is there a motion to approve the bid as submitted? 

    14. Resolution Authorizing the Assessment of Unpaid Abatement Costs to Private Properties
       
      Presented for City Council’s consideration is a resolution authorizing the assessment of unpaid abatement costs to private properties. Periodically city staff provides to City Council a request for the assessment of nuisance abatement costs against private property owners. At this time staff is forwarding the assessment list for unpaid abatement costs totaling $8,704.89.

      Is there a motion to adopt the resolution as submitted? 

    15. Resolution Setting Public Hearing on the Tree Obstruction Project at the Municipal Airport 

      Presented for City Council’s consideration is a resolution setting a public hearing on the Tree Obstruction Project at the Municipal Airport. In 2005 the building restriction line was moved out as a result of the new Instrument Landing System (ILS) for which the city purchased a 26 acre strip of land between Runway 24 and Highway 61 from the Iowa Department of Transportation. There are trees existing on this property that needs to be removed for safety reasons. It is the city’s intent to convert the area to agricultural use once the trees have been removed. Funding for the project includes $45,540 federal monies with a local match of $5,060. Prior to any formal action by City Council, a public hearing is required. This public hearing will take place on Thursday, May 3, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    16. Resolution Approving the Non-Union Pay Plan for Fiscal Year 2012/2013 

      Presented for City Council’s consideration is a resolution approving the Non-Union Pay Plan for Fiscal Year 2012/2013. This pay plan includes a request for the addition of two positions. The positions are not a request for increased personnel but rather a reclassification of existing personnel. First is the addition of an Accounting Supervisor classification to be effective April 23, 2012. Second is an Assistant Library Director position. Both of these positions are proposed to be placed in Pay Grade 7 and will be paid from existing budgeted funds. In addition, the pay plan has been adjusted to reflect the 2.5% increase budgeted by City Council.

      Is there a motion to adopt the resolution as submitted? 

    17. Request to Approve Updated Drug Policy 

      Presented for City Council’s consideration is a request to approve the updated Drug Policy. The changes are based mainly on updated requirements from the Department of Transportation and the Federal Transit Authority the majority of which are clarifications in language to enhance employees’ understanding of the process. It also adds the random testing of police officers as was agreed to in the most recent union negotiations. Random testing of police officers will be coordinated through the Bi-State Regional Commission.

      Is there a motion to approve the request as submitted? 

    18. Request Authorization to Purchase Mower for the Golf Course 

      Presented for City Council’s consideration is a request to authorize the purchase of a mower for the golf course. Six bids were received for this purchase with three of the bids meeting the minimum specifications. The low bid was from Turf Werks of Johnston, Iowa, in the amount of $13,530. There is $15,670 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    19. Request from Police Department to Submit Grant Application for C50 Respirators 

      Presented for City Council’s consideration is a request from the Police Department to submit a grant application to the Muscatine Health Support Foundation in the amount of $18,500 which is the cost for outfitting all officers with C50 respirators. The grant would also cover the purchase of a NIOSH approved CBRN canister filter for each officer as well as a haversack for carrying and storing the mask.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,350,731.38 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