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AGENDA
THURSDAY, MARCH 7, 2013
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 Firefighters Rob Klaren and William Zamastil

      At this time Firefighters Rob Klaren and William Zamastil will be sworn in by Mayor Hopkins. 

    2.  Swearing In of Police Officer Jolisa Coleman

      At this time Police Officer Jolisa Coleman will be sworn in by Mayor Hopkins. 

  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. Budget Meeting Minutes - February 14 & 19, 2013

    B. Regular City Council Minutes – February 21, 2013


    * Items 8A-D - Petitions and Communications

    A. Second reading on a new Class “A” Liquor License for SS Mary and Mathias Home and School Association, 3200 Lucas Street – SS Mary Mathias Home and School Association (pending inspections and insurance) 

    B. Second reading on a new Class “C” Liquor License and Sunday Sales for Boonies on the Avenue, 214 Iowa Avenue – Michael Kleist (pending inspections and insurance)

    C. Request for renewal of a Class “C” Liquor License, Outdoor Sales and Sunday Sales for The Rendezvous, 3127 Lucas Street – Cindy’s Rendezvous, LLC (pending inspections)

    D. Request for renewal of a Class “A” Liquor License and Sunday Sales for American Legion Club, 110 Houser Street – Edward H. Bitzer Post No. 27 of the America (pending inspections and insurance)


    * Item 9A – From the Mayor

    A. Proclamation Declaring March 2013 as “Music in Education Month”


    * Items 12A-E - Communications Receive and File

    A. Muscatine County Board of Supervisors – February 11 & 18, 2013

    B. Historic Preservation Commission – January 22, 2013

    C. MP&W Communications Utility – January 2013

    D.MP&W Electric Utility – January 2013

    E. MP&W Water Utility – January 2013


    * Bills*

    * Approval of attached Bills for Approval totaling $1,105,305.26, as well as journal entries for August through December 2012 and January 2013, is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Adoption of the Budget and Certification of Taxes for Fiscal Year 2013/2014 (power point presentation)

      This public hearing concerns the proposed adoption of the budget and certification of taxes for Fiscal Year 2013/2014. The amounts included in the public hearing notice and budget adoption resolution reflect the budget amounts approved by City Council during their budget review sessions and are in the format required by the State of Iowa. The final budget document must be filed with the state on or before March 15th of each year. Prior to any action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Amendment #1 to the Fiscal Year 2012/2013 City Budget

      This public hearing concerns the proposed Amendment #1 to the Fiscal Year 2012/2013 City Budget. This amendment includes amending both revenues and expenditures to the currently estimated amounts. Amendments include updated revenue estimates, updated capital project construction schedules, additional grant-funded projects, and other increased operating and capital outlay costs. Prior to any action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed Concession Agreement with Happy Joe’s Pizza

      This public hearing concerns a proposed concession agreement with Happy Joe’s Pizza. The city and Happy Joe’s Pizza of Muscatine are mutually interested in a two-year agreement for concession operations. Prior to any 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. Resolution Adopting the Budget and Certification for the Fiscal Year 2013/2014 City Budget 

      Is there a motion to adopt the resolution adopting the budget and certification for the Fiscal Year 2013/2014 City Budget? 

    2. Resolution Approving Amendment #1 to the Fiscal Year 2012/2013 City Budget 

      Is there a motion to adopt the resolution approving Amendment #1 to the Fiscal Year 2012/2013 City Budget? 

    3. Request to Approve Concessions Agreement with Happy Joe’s Pizza 

      Is there a motion to approve the request as submitted? 

    4. Resolution Authorizing Quarterly Assessment of Unpaid Abatement Costs to Private Properties 

      Presented for City Council’s consideration is a resolution authorizing the quarterly 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 $13,905.53.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Requesting Legislative Action to Address the Municipal Fire and Police Retirement System of Iowa Dilemma 

      Presented for City Council’s consideration is a resolution requesting legislative action to address the Municipal Fire and Police Retirement System of Iowa dilemma. The cost and funding structure of public employee pension benefits are established in the Iowa State Code. The city desires to fairly compensate all employees in their retirement. The current structure of public employee pension funding is unsustainable in the near future and in the long term and is becoming an increasing burden to the taxpayer. The purpose of tonight’s action is to implore our state legislators to take up the matter of pension reform to assure that a fair and equitable benefit is provided to municipal employees in a sustainable manner. The political leaders in Des Moines are being encouraged to take up the matter of pension funding reform before the matter becomes critical.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Adopting the Revised Articles of Agreement for the Bi-State Regional Commission 

      Presented for City Council’s consideration is a resolution adopting the revised Articles of Agreement for the Bi-State Regional Commission. At its January 23, 2013 meeting, the Bi-State Regional Commission unanimously recommended revisions to the Articles of Agreement that create the Commission. The revisions were necessitated by the desire to match the timing of municipal elections for small member government representatives and to update warrant approval language as it is stated within the By-Laws.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Setting Annual Public Hearing for Public Comment on the Muscatine Municipal Housing Agency Plan 

      Presented for City Council’s consideration is a resolution setting the annual public hearing for public comment on the Muscatine Municipal Housing Agency Plan. Section 2702 of the Housing and Economic Recovery Action of 2008 requires that a public hearing be conducted annually to discuss any changes to the goals, objectives and policies of the agency. This public hearing will be held on Thursday, May 2, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Declaring Necessity and Providing for Notice of Hearing on Proposed Urban Revitalization Plan 

      Presented for City Council’s consideration is a resolution declaring necessity and providing for notice of hearing on a proposed Urban Revitalization Plan. Following a presentation to City Council in September 2012, staff was authorized to begin developing a program to address and stimulate new and expanding residential development in designated areas, promote infill opportunities, and encourage historic preservation. The first step under Chapter 404 of the Code of Iowa is to set a public hearing on the matter. This hearing will take place on Thursday, April 11, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted?

    9. Request Authorization to Purchase a Dump Truck Chassis for Public Works 

      Presented for City Council’s consideration is a request to approve the purchase of a dump truck chassis for Public Works. Five bids were received with the recommended low bid from Peterbilt of Council Bluffs in the amount of $61,448 for a GVW Truck Chassis. There is $73,000 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    10. Request Authorization to Purchase Equipment for New Truck Chassis 

      Presented for City Council’s consideration is a request to approve the purchase of equipment for a new truck chassis. Five bids were received for a dump body, salt spreader, snow plow and underbody scraper with the low bid from Henderson Manufacturing in the amount of $63,964. There is $74,000 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    11. Request to Approve the 2013/2014 Road Rock Salt Purchase Agreement Between the City of Muscatine and City of Davenport 

      Presented for City Council’s consideration is a request to authorize the 2013/2014 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, 2013 and July 10, 2013. Once the salt is delivered, the respective communities will be invoiced for the balance.

      Is there a motion to approve the request as submitted? 

    12. Request to Approve Change Order #1 for the Mad Creek Sanitary Sewer Extension Project 

      Presented for City Council’s consideration is a request to approve Change Order #1 for the Mad Creek Sanitary Sewer Extension Project. New contract items are necessary to effectively quantify work for stream bank protection and stream crossings. This change order will result in a deduction of $29,775 bringing the contract total for the project to $964,639.75.

      Is there a motion to approve the request as submitted? 

    13. Request from Water Pollution Control Plant to Approve Professional Services Agreement for Phase I Feasibility Study of Design and Engineering for Lab Expansion Project 

      Presented for City Council’s consideration is a request from the Water Pollution Control Plant to approve a Professional Services Agreement for the Phase I Feasibility Study of Design and Engineering for the Lab Expansion Project. An engineering study conducted in 2012 projected costs to expand the current lab in the existing building exceeded the cost of a new structure. The WPCP staff feels that a better value is possible. After discussing the matter with Stanley Consultants, the firm has proposed a feasibility study at a cost of $9,750 to 1) determine if the project can proceed within budget constraints; 2) to work with the WPCP on a Basis of Design to maximize efficiency and functional use; 3) to develop a report of critical features and elements with optional features that can be self-performed by WPCP staff; and 4) to prepare a construction cost estimate based on the Basis of Design Report. It is staff’s recommendation Phase I of the Stanley Consultant Professional Services Agreement be approved in order to move the lab expansion project forward. The money for the feasibility study has been budgeted.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,105,305.26, as well as journal entries for August through December 2012 and January 2013, 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 Go Into Closed Session Per Iowa Code 21.5 to Discuss Litigation 

  16. ADJOURNMENT