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AGENDA
THURSDAY, OCTOBER 18, 2012
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL



  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

  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. October 4, 2012 City Council Minutes 

    B. October 11, 2012 In-Depth Minutes 


    * Items 8A-E - Petitions and Communications |

    A. Request on first reading for a new Class “B” Native Wine Permit for Hottiez Heavenly Hut, 1003 Park Avenue – Theresa Foster/Griffey (pending inspections)

    B. Request on first and second reading for a new Special Class “C” Liquor License and Sunday Sales for Brickhouse Diner Inc., 710 Grandview Avenue – Lirim Abdulski (pending inspections and insurance)

    C. Request on first reading for a new Class “C” Liquor License, Catering Privilege and Sunday Sales for The Pearl Ballroom, 101 W. Mississippi Drive – Cornerstone Enterprises LLC (pending inspections and insurance)

    D. Request from Wesley United Methodist Church for Use of City Property for 100th Anniversary Celebration

    Presented for City Council’s consideration is a request from the Wesley United Methodist Church for the use of city property for its 100th anniversary celebration. The church is requesting the closure of 4th Street between Iowa Avenue and Chestnut Street on October 21, 2012 from 9 a.m. to 1:30 p.m.

    E. Request Approval of Up to $600 for Travel Expenses for Sister Cities China Initiative


    * Items 12A - Communications Receive and File

    A. Muscatine County Board of Supervisors – October 2, 2012


    * Bills*

    * Approval of attached Bills for Approval totaling $1,750,361.45, as well as journal entries and receipt summaries for June and July 2012, is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

  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 Amending Title 2 Boards and Commissions, Chapter 11 Historic Preservation Commission 

      Presented for City Council’s consideration is the first reading of an ordinance amending Title 2 Boards and Commissions, Chapter 11 Historic Preservation Commission. The Historic Preservation Commission, established on September 21, 2000, was composed of seven members who each served three years. Because of the special requirements for potential members to have a demonstrated interest or training in historic preservation or related field, the pool of applicants for openings on the HPC can be more restrictive than for other city commission/board meetings. The proposed amendment would reduce the membership of the HPC from seven to five and would also increase the term of each commission member from three to five years. The proposed amendment would also require that all future applicants and members live within the city limits.

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

    2. Second and Final Reading of an Ordinance Vacating a Public Right-of-Way Within the City of Muscatine 

      Presented for City Council’s consideration is the second and final reading of an ordinance vacating a public right-of-way within the City of Muscatine. A request has been received from HNI for the vacation of a portion of Alley #1 off of Mulberry Avenue in Block 16. HNI intends to maintain the vacated alley as an access route to a parking lot. The Planning & Zoning Commission unanimously approved this request. Staff is requesting that City Council waive the third reading and adopt the ordinance on final reading.

      Is there a motion to adopt the ordinance on final reading and direct for its publication as required by law? 

    3. Resolution Authorizing the Sale of City Property to HNI Corporation 

      Presented for City Council’s consideration is a resolution authorizing the sale of city property to HNI Corporation. In its previous action, City Council took action to vacate a portion of Alley #1 off of Mulberry Avenue in Block 16. It would now be appropriate to adopt the resolution authorizing the sale of this property to the HNI Corporation.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving an Executed Deed to HNI Corporation 

      Presented for City Council’s consideration is a resolution approving an executed deed to HNI Corporation. City Council has authorized the sale of a portion of Alley #1 off of Mulberry Avenue in Block 16 to the HNI Corporation. It is now necessary for City Council to adopt the resolution approving the executed deed to HNI Corporation.

      Is there a motion to adopt the resolution as submitted? 

    5. Request to Approve the Purchase and Sales Agreements for the Pierce Property 

      Presented for City Council’s consideration is a request to approve the purchase and sales agreements for the Pierce Property. The city has been working on a project to reconstruct Colorado Street from a rural road section to an urban arterial road. Three separate roadway alignments were considered with the preferred alignment requiring the acquisition and demolition of a mattress store owned by the Pierce family business. The city entered into an agreement with a third party to negotiate the purchase of the property utilizing IDOT guidelines. The Pierce family agreed to the terms and conditions of the Purchase Agreements which are now being forwarded to City Council for their consideration and action.

      Is there a motion to approve the request as submitted?

    6. Resolution Setting a Public Hearing on Amendment to the Consolidated Urban Renewal Plan 

      Presented for City Councils consideration is a resolution setting a public hearing on an amendment to the Consolidated Urban Renewal Plan. In July 2012 the State of Iowa began new reporting requirements for cities utilizing Urban Renewal programs authorized under Iowa law. In part, the new changes require cities to list specific projects that may be undertaken and funded through the use of one or more of those programs. Prior to any consideration of an amendment to the existing Urban Renewal Plan, a public hearing is required. This public hearing will be held on Thursday, November 15, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Setting Public Hearing on the City of Muscatine’s 2012-14 Disadvantaged Business Enterprise (DBE) Goals 

      Presented for City Council’s consideration is a resolution setting a public hearing on the City of Muscatine’s 2012-14 Disadvantaged Business Enterprise (DBE) Goals. The Federal Aviation Administration, Federal Highway Administration and other federal guidelines require federal grant recipients who expend more than $250,000 in a fiscal year to develop and submit to the appropriate agency a DBE goal which can now be set for a three-year period. The City of Muscatine wishes to set a fiscal year 2012-14 DBE goal of 5.0% for those projects receiving federal funds provided no alternative DBE goal has been identified. Prior to any formal action by City Council, a public hearing is required. This public hearing will take place on Thursday, November 1, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Accepting Completed Work Identified as “Rehabilitate Airfield Pavements” at the Municipal Airport and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work identified as “Rehabilitate Airfield Pavements” at the Municipal Airport and authorizing final payment. City Council took action on June 21, 2012 to award the bid for this project to Hy-Brand Industrial Contractors in the amount of $52,889.83. The project has been completed with one change order in the amount of $5,707.86 for a total project cost of $58,597.69. The project has been reviewed by the city’s project engineer and is found to be in compliance with the approved plans and specifications. It is staff’s recommendation that City Council adopt the resolution accepting the completed work for this project and authorizing final payment to Hy-Brand Industrial Contractors.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Awarding the Contract for the Mad Creek Sewer Extension Project 

      Presented for City Council’s consideration is a resolution awarding the contract for the Mad Creek Sewer Extension Project. Nine bids were received for this project with the low bid from Cornerstone Excavating in the amount of $994,415. The engineer’s estimate for the project was $1,514,900.75.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Accepting the Completed Work and Authorizing Final Payment for the Harrison Street Extension Project 

      Presented for City Council’s consideration is a resolution accepting the completed work and authorizing final payment for the Harrison Street Extension Project. In June 7, 2012 the city entered into an agreement with Heuer Construction in the amount of $510,999.30 for this project. The project has been completed with two change orders totaling $147,107.78 which did not include the reduction in existing bid items totaling $37,259.37 bringing the total contract amount to $620,847.72. Subtracting the $65,400 to be reimbursed by the school district brings the net construction cost for the project to $555,447.72. It is staff’s recommendation the resolution be adopted accepting the completed work and authorizing final payment to Heuer Construction.

      Is there a motion to adopt the resolution as submitted? 

    11. Request from the Fire Department to Purchase New Fire Engine 

      Presented for City Council’s consideration is a re quest from the Fire Department to purchase a new fire engine. As part of the current fiscal year budget, the department had requested $490,000 for the purchase of a new fire engine. The city’s approved budget included “assigned” funding of $250,000 from the General Fund toward the intended future year (2013/2014) purchase of this fire engine. The balance, estimated at $240,000, was to be funded from the 2013/2014 budget if sufficient funding would be available. With the General Fund balance at the end of fiscal year 2011/2012 exceeding expectations, a prepayment discount, and savings over expected 2013 vehicle cost increases, staff is requesting City Council consider authorizing the fall amount for the engine purchase in the current 2012/2013 budget which will require a budget amendment. The estimated cost for the new fire engine is $497,000 (inclusive of the prepayment discount).

      Is there a motion to approve the request as submitted? 

    12. Request to Approve Law Enforcement and Emergency Service Agreement Between the City of Muscatine and the City of Fruitland 

      Presented for City Council’s consideration is a request to approve a law enforcement and emergency service agreement between the City of Muscatine and the City of Fruitland. The City of Fruitland has contracted police services from the City of Muscatine for the last several years with the current contract expiring in July 2012. It is staff’s recommendation that City Council approve the new agreement which will expire June 30, 2015.

      Is there a motion to approve the request as submitted? 

    13. Request from Traffic Committee to Review Pivotal Stop Signs at Mulberry Avenue and Bonnie Drive with Potential Action 

      The Muscatine Community School District requested pivotal stop signs at the Bonnie Drive and Mulberry Avenue intersection for better traffic flow for vehicles exiting the high school premises at this location. The cost estimate for reconstructing Bonnie Drive and widening it is $45,000. The Traffic Committee reviewed this option and determined that the pivotal stop signs would still be necessary in order to meet the goals and it is also unclear which organization would be responsible for the $45,000. After 30+ days of trial, there has been a reduction in the stacking time from 24 minutes to 13 minutes, the crosswalk for children has been maintained, and there has been no significant adverse affect on Mulberry Avenue’s traffic flow. It is the Traffic Committee’s recommendation to continue the use of the pivotal stops at this intersection. Further, the Committee does not recommend widening the Bonnie Drive intersection at this time.

      At this time City Council could take action to continue the use of the pivotal stops at the Bonnie Drive and Mulberry Avenue intersection. 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,750,361.45, as well as journal entries and receipt summaries for June and July 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 

  16. ADJOURNMENT