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AGENDA
THURSDAY, NOVEMBER 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. 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- Approval of City Council Minutes 

      A. October 18, 2012 City Council Minutes 


      * Items 8A-G - Petitions and Communications 

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

      B. Request on second 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)

      C. Request for a new a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales (previously a Class “C” Beer Permit) for Muscatine Fast Break, 2603 Second Avenue – Reif Oil Company (pending inspections)

      D. Request for a new Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales (previously a Class “C” Beer Permit) for Stewart Road Fast Break, 2418 Stewart Road – Reif Oil Company (pending inspections)

      E. Request for renewal of a Class “C” Liquor License, Outdoor Sales and Sunday Sales for Missipi Brewing Company, 107 Iowa Avenue – R & D Operations Ltd. (pending inspections)

      F. Request for renewal of a Class “C” Liquor License, and Sunday Sales for Plamor Lanes, 1411 Grandview Avenue – Muscatine Properties Inc. (pending inspections and insurance)

      G. Request for renewal of a Class “C” Liquor License, Outdoor Sales and Sunday Sales for Bull Pen Sports Bar, 1201 Grandview Avenue – Bull Pen Sports Inc. (pending inspections and insurance)


      * Items 12A - Communications Receive and File 

      A. Muscatine County Board of Supervisors – September 24, 2012 & October 8 & 15, 2012


      * Bills*

      * Approval of attached Bills for Approval totaling $1,577,283.65 is subject to the approval of any related agenda item(s). 

    6. MINUTES – APPROVAL 

    7. PUBLIC HEARING 

      1. Proposed 2012-14 Disadvantaged Business Enterprise (DBE) Goals

        This public hearing concerns the City of Muscatine’s proposed 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.

        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. Second and Final Reading of an Ordinance Amending Title 2 Boards and Commissions, Chapter 11 Historic Preservation Commission 

        Presented for City Council’s consideration is the second and final 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 with all members serving three-year terms. 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/boards. 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 adopt the ordinance on final reading and to direct for its publication as required by law? 

      2. Resolution Authorizing the Assessment of Nuisance 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 $29,048.83.

        Is there a motion to adopt the resolution as submitted? 

      3. Resolution Accepting Completed Work for the Clark House Boiler Replacement Project and Authorizing Final Payment 

        Presented for City Council’s consideration is a resolution accepting completed work for the Clark House Boiler Replacement Project and authorizing final payment. In September 2012 the City Council approved a contract with Boche Plumbing in the amount of $49,900 for the replacement of boilers at the Clark House. The work has been completed and inspected by the Housing Administrator and project engineer. It is now necessary for City Council to accept the completed work and authorize final payment to Boche Plumbing.

        Is there a motion to adopt the resolution as submitted? 

      4. Resolution Approving the Contract and Bond for the Mad Creek Sewer Extension Project 

        Presented for City Council’s consideration is a resolution approving the contract and bond 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.

        Is there a motion to adopt the resolution as submitted? 

      5. Resolution Accepting Completed Work for the City Hall Boiler Replacement Project and Authorizing Final Payment 

        Presented for City Council’s consideration is a resolution accepting completed work for the City Hall Boiler Replacement Project and authorizing final payment. In March 2012 City Council awarded the bid for this project to J.L. Brady in the amount of $122,279. The project has been completed. There was one change order which resulted in a deduction of $1,460 bringing the final cost to $120,819. It is staff’s recommendation City Council accept the completed work and authorize final payment to J.L. Brady.

        Is there a motion to adopt the resolution as submitted? 

      6. Resolution Approving Muscatine’s Fiscal Year 2012-14 Disadvantaged Business Enterprise Program and Goal and Establishing a 45-Day Comment Period 

        Presented for City Council’s consideration is a resolution approving Muscatine’s Fiscal Year 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.

        Is there a motion to adopt the resolution as submitted? 

      7. Request Authorization to Issue Purchase Order for 2012/2013 Snow Removal Services for the Central Business District and City Parking Lots 

        Presented for City Council’s consideration is a request to authorize the issuance of a purchase order for 2012/2013 snow removal services for the Central Business District and city parking lots. Two bids were received with the low bid from Bayfield Snow Removal. This company provided snow removal services during the 2011/2012 snow removal season. Their hourly rate has been increased by $5 primarily due to increased fuel costs.

        Is there a motion to approve the request as submitted? 

      8. Request Approving the Environmental Protection Agency’s Amended Order for Compliance on Consent for the West Hill Sewer Separation Project 

        Presented for City Council’s consideration is a request to approve the Environmental Protection Agency’s amended Order for Compliance on Consent for the West Hill Sewer Separation Project. The city is under a Consent Order from the EPA to complete the combined sewer overflow (CSO) elimination and sewer separation by December 31, 2024. On August 30, 2012, the city submitted a letter to the EPA requesting an extension of the Consent Order because of financial considerations impacting the city’s ability to pay. The EPA has sent an Amended Administrative Order for Compliance on Consent that requires the city to eliminate the West Hill area CSO by December 31, 2028. It is necessary for City Council to approve the Amended EPA Consent Order.

        Is there a motion to approve the request as submitted? 

      9. Request from the Police Department to Approve the Purchase of a Vehicle 

        Presented for City Council’s consideration is a request from the Police Department to approve the purchase of a vehicle. The department looked at five vehicles and has chosen a 2008 Buick Lucerne CXL sedan available at Uptown Motors in the amount of $12,495. This vehicle will replace the 1999 Jeep Grand Cherokee currently in use. Funding for this vehicle will come from the department’s forfeiture account.

        Is there a motion to approve the request as submitted? 

      10. Request from the Water Pollution Control Plant to Declare Furnaces as Surplus 

        Presented for City Council’s consideration is a request from the Water Pollution Control Plant to declare furnaces as surplus. Renovations at the Bond and Schley Lift Stations include the replacement of the furnaces. The two furnaces are both Heil 75,000 BTU furnaces that are approximately 15+ years old. Staff is requesting the furnaces be declared as surplus so they can be sold.

        Is there a motion to approve the request as submitted? 

      11. Request to Approve the Fiscal Year 2011/2012 Annual Financial Report to the State of Iowa 

        Presented for City Council’s consideration is a request to approve the Fiscal Year 2011/2012 Annual Financial Report. This report includes all budgeted funds of the city and was prepared on a budget basis. Revenues and other financing sources total $59,596,188 for the year and expenditures and other uses $54,480,520. Actual city expenditures in each functional area were within the budgeted amounts as required by the state with the exception of the debt service expenditures which exceeded the budgeted amount by $2,124 due to allocated bond issuance costs for refunding the final year of the 2003 general obligation bond issue.

        Is there a motion to approve the request as submitted? 

      12. Request from Police Department to Approve Submission of Grant Application 

        Presented for City Council’s consideration is a request from the Police Department to approve the submission of a grant application to the Muscatine Community Support Foundation in the amount of $20,000. This request is for the cost of outfitting all officers on the department with C50 respirators and would also cover the purchase of a canister filter for each officer as well as a haversack for carrying and storage of the mask. The Police Department’s ability to fulfill its roll of entering a hot zone and helping get people to safety is crucial to the health and safety of the community as a whole.

        Is there a motion to approve the request as submitted? 

    12. COMMUNICATIONS - RECEIVE AND FILE 

    13. APPROVAL OF BILLS 

      It is recommended bills totaling $1,577,283.65 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