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AGENDA
THURSDAY, MAY 17, 2012
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL



  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

    1. Presentation of a Life Saving Award to Police Officer Adam Raisbeck

      At this time Officer Raisbeck will be presented with a Life Saving Award. 

  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 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

    *-A May 3, 2012 Regular Meeting

    *-B May 10, 2012 In-Depth Meeting


    * Items 8A-I - Petitions and Communications

    *-A First reading on a new Liquor License and Sunday Sales Permit for Muscatine Hy-Vee Wine & Spirits, 522 Mulberry Avenue – Hy-Vee Inc. (pending inspections)

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

    *-C Request for renewal of a Special Class C Liquor License, Outdoor Service and Sunday Sales for Elly’s Tea & Coffee House LLC, 208 W. 2nd Street – Elly’s Tea & Coffee House LLC (pending inspections)

    *-D Request for renewal of a Class B Liquor License and Sunday Sales for Muscatine Clarion, 2915 North Highway 61 – Jelms Hotel Company LLC (pending inspections)

    *-E Request for renewal of a Class C Liquor License, Outdoor Service and Sunday Sales for El Allende, 1107 Grandview Avenue – El Allende Inc. (pending inspections)

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

    *-G Request for renewal of a Class C Liquor License for MVP Lounge, 214 Iowa Avenue – Daniel McFate (pending inspections)

    *-H Request for renewal of a Class E Liquor License and Sunday Sales for Wal-Mart Supercenter #559, 3003 N. Highway 61 – Wal-Mart Inc. (pending inspections)

    *-I Request from Zion Lutheran Church for Use of City Property for Neighborhood Block Party

    Presented for City Council’s consideration is a request from Zion Lutheran Church for the use of city property for its annual neighborhood block party on Wednesday, May 30, 2012, from 5 to 7 p.m. The church is requesting the use of Sycamore Street from the alley to 6th Street as well as 6th Street along the church property. Setup would begin at 4 p.m. and the event would be completed by 8 p.m. with the reopening of the street.

    *-J Request from Pete’s Tap for Use of City Property for Relay for Life Cancer Drive

    Presented for City Council’s consideration is a request from Pete’s Tap for the use of city property for a Relay for Life Cancer Drive. The owner of Pete’s Tap located at 1820 Angle Street is requesting the use of the city-owned parking lot behind the bar on May 18, 2012 from noon to 2 p.m. as well as the closure of Angle Street in front of the bar from 3 to 9 p.m. for a Relay for Life Cancer Drive.

    *-K Request for Issuance of a Burn Permit (Moved to normal sequence on agenda for separate action.) 


    * Items 9A – From the Mayor

    *-A Appointments of Christina Kelly to the Civil Service Commission and Dana Kraft and Dr. Bradley Bark to the Parks & Recreation Commission


    * Items 12A-B - Communications Receive and File

    *-A Muscatine County Board of Supervisors – April 19 & 23, 2012

    *-B Historic Preservation Commission – March 21, 2012

    *-C City of Muscatine Financial Reports – April 2012

    * Bills*

    * Approval of attached Bills for Approval totaling $1,514,938.22 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Amendment #2 to the Fiscal Year 2011/2012 City Budget

      This public hearing concerns the proposed Amendment #2 to the Fiscal Year 2011/2012 City Budget. . In March 2012 City Council approved the first amendment to the 2011/2012 budget. This second amendment includes additional proposed amendments since that time. This proposed amendment will increase total budgeted expenditures for the city by $945,360 with budgeted transfers to increase by $104,000 for a total expenditure change of $1,049,360. City budgeted revenues are proposed to be amended by $574,600 which includes $104,000 of funding transfers in. 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 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? 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

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

    2. Resolution Approving Amendment #2 to the Fiscal Year 2011/2012 City Budget 

      Is there a motion to adopt the resolution approving Amendment #2 to the Fiscal Year 2011/2012 City Budget? 

    3. Resolution Providing for the Issuance of General Obligation Corporate Purpose and Refunding Bonds Series 2012 and Providing for the Levy of Taxes to Pay Same 

      Presented for City Council’s consideration is a resolution providing for the issuance of General Obligation Corporate Purpose and Refunding Bonds Series 2012 and providing for the levy of taxes to pay the same. At its May 3, 2012 meeting, City Council adopted a resolution awarding the $4,715,000 General Obligation Corporate Purpose and Refunding Bonds Series 2012 to UMB Bank N.A. of Kansas City, Missouri. The adoption of this resolution and related documents will complete the required actions on this bond issue.

      Is there a motion to adopt the resolution as submitted?

    4. Resolution Setting a Public Hearing for the Mad Creek Sewer Extension Project
       
      Presented for City Council’s consideration is a resolution setting a public hearing on 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, June 7, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Awarding the Contract for the Harrison Street Extension Project 

      Presented for City Council’s consideration is a resolution awarding the contract for the Harrison Street Extension Project. A total of four bids were received for this project with the low bid from Heuer Construction in the amount of $510,999.30. The engineer’s estimate was $447,854.75 which was low on general work items, storm sewer and sanitary sewer and did not include a contingency. The low bidder’s paving cost is in line with the estimate. It staff’s recommendation City Council take action to award the contract to Heuer Construction for this project.

      Is there a motion to adopt the resolution as submitted?

    6. Resolution Accepting the Low Bid for the Airport Project Identified as “Rehabilitate Airfield Pavements” 

      Presented for City Council’s consideration is a resolution accepting the low bid for the airport project identified as “Rehabilitate Airfield Pavements”. Two bids were submitted for this project with the low bid from Hy-Brand Industrial Contractors in the amount of $52,889.83. Funding for the project will be 90% federal with a 10% local share.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Setting Public Hearing on Plans, Specifications and Form of Contract for the Rehabilitation of the Bond and Schley Pumping Stations 

      Presented for City Council’s consideration is a resolution setting a public hearing on the plans, specifications and form of contract for the rehabilitation of the Bond and Schley pumping stations. The estimated cost for the project is approximately $200,000. There is currently $300,000 budgeted for the renovation of these two lift stations and improvements to the slough pumping building. Prior to any formal action by City Council, a public hearing is required. This hearing will be held on June 7, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    8. Request to Approve Change Order #1 for the Water Pollution Control Plant Storage Building 

      Presented for City Council’s consideration is a request to approve Change Order #1 for the Water Pollution Control Plant storage building. The total amount of the change order is $20,531.73 and includes a new roof and the replacement of all of the side panels. With this change order, the total cost for the storage building is $157,234.73. There is $225,000 budgeted for the building.

      Is there a motion to approve the request as submitted? 

    9. Request to Approve the Issuance of a Purchase Order to Convert Natural Gas Boiler at the Water Pollution Control Plant to Methane 

      Presented for City Council’s consideration is a request to approve the issuance of a purchase order to convert the natural gas boiler at the Water Pollution Control Plant to methane. Because the new digesters are functioning so well at the WPCP, the methane production will allow for the conversion of the old boiler to burn methane instead of natural gas. Two quotes were received with the low quote from Hometown Plumbing of Davenport in the amount of $9,580 which includes the valve needed to complete the conversion. This was not a budgeted item because staff did not know how soon enough methane would be generated to make it cost effective.

      Is there a motion to approve the request as submitted? 

    10. Request to Approve Solid Waste and Leachate Hauling Contract for the Transfer Station 

      Presented for City Council’s consideration is a request to approve the solid waste and leachate hauling contract for the Transfer Station which expires June 30, 2012. Six bids were submitted with the low bid from Braun’s Excavating LLC d/b/a JJJ Hauling. This contract will be effective July 1, 2012 through June 30, 2017.

      Is there a motion to approve the request as submitted? 

    11. Request to Approve 2012 Street Striping Contract 

      Presented for City Council’s consideration is a request to approve the 2012 Street Striping Contract. Two bids were received with the low bid from Weikert Contracting of Ackley, Iowa, in the amount of $45,565.87. There is $50,000 budgeted for this project.

      Is there a motion to approve the request as submitted? 

    12. Motion to Adjourn Action on the Resolution Approving the Development Agreement with R.L. Fridley Theatres Inc.

      Is there a motion to adjourn action on the Resolution Approving the Development Agreement with R.L. Fridley Theatres Inc. to the June 7, 2012 Regular City Council meeting? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,514,938.22 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 Enter Closed Session to Discuss Proposed Property Purchase 

    2. Request to Approve Appraisals and Appraisal Reviews 

  16. ADJOURNMENT