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AGENDA
THURSDAY, MAY 2, 2013
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. Regular City Council Minutes – April 18, 2013


    * Items 8A-K - Petitions and Communications

    A. Request for renewal of a Special Class “C” Liquor License, Sunday Sales and Outdoor Service for Elly’s Tea & Coffe House LLC, 208 West 2nd Street #8 – Elly’s Tea & Coffee House LLC (pending inspections)

    B. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Smokin’ Joe’s Tobacco and Liquor Outlet #16, 1504 Park Avenue – The Outlet Inc. (pending inspections)

    C. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Kum & Go #438, 1429 Park Avenue – Kum & Go, LC (pending inspections)

    D. Request for renewal of a Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Circle K #6600, 802 Cypress Street – Mac’s Convenience Stores LLC (pending inspections)

    E. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Walgreens #05885, 1703 Park Avenue – Walgreen Co. (pending inspections)

    F. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit, Class “E” Liquor License and Sunday Sales for Hy-Vee Wine & Spirits, 522 Mulberry, Suite A – Hy-Vee Inc. (pending inspections)

    G. Request for renewal of a Special Class “C” Liquor License, for Tantra Thai Bistro, 101 West Mississippi Drive, #101 – CNY Group Inc. (pending inspections and insurance)

    H. Request for renewal of a Class “C” Liquor License, Outdoor Sales and Sunday Sales for El Allende, 1107 Grandview Avenue – El Allende Inc. (pending inspections and insurance)

    I. Request for renewal of a Class “C” Liquor License, Outdoor Sales and Sunday Sales for The Pearl, 101 West Mississippi Drive – The Pearl LLC (pending inspections and insurance)

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

    K. Request from Geneva Golf & Country Club to Dispense Fireworks at 3100 Bidwell Road


    * Item 9A-B – From the Mayor

    A. Proclamation Declaring May 12-18, 2013 as “National Police Week” and May 15, 2013 as “Peace Officer’s Memorial Day” 

    B. Proclamation Declaring May 2013 as “National Preservation Month”



    * Items 12A - Communications Receive and File

    A. Muscatine County Board of Supervisors – April 8, 2013


    * Bills*

    * Approval of attached Bills for Approval totaling $1,429,372.93 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Rezoning Change at 3205 Cedar Street (Muscatine Power & Water)

      This public hearing concerns the proposed rezoning of property located at 3205 Cedar Street (Muscatine Power & Water). MP&W has submitted a request to rezone a 42-acre parcel located at their facility from R-3 Single-Family Residential to C-3 Planned Commercial. The purpose of the request is to bring the zoning of this parcel in line with its current use. The Planning & Zoning Commission unanimously recommends the approval of this rezoning request. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. 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 Muscatine Municipal Housing Agency Plan.

      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 Rezoning Property at 3205 Cedar Street (Muscatine Power & Water) 

      Presented for City Council’s consideration is the first reading of an ordinance rezoning property at 3205 Cedar Street (Muscatine Power & Water). MP&W has submitted a request to rezone a 42-acre parcel located at their facility from R-3 Single-Family Residential to C-3 Planned Commercial. The purpose of the request is to bring the zoning of this parcel in line with its current use.

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

    2. Second Reading of an Ordinance Approving Revitalization Area 

      Presented for City Council’s consideration is the second reading of an ordinance designating an area of Muscatine as the 2013 Muscatine Housing Urban Revitalization Area. 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.

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

    3. Resolution Setting Public Hearing on Amendment #2 to the 2012/2013 City Budget 

      Presented for City Council’s consideration is a resolution setting a public hearing on Amendment #2 to the 2012/2013 City Budget. This proposed amendment will increase total budgeted expenditures for the city by $370,700 with budgeted transfers to increase by $5,000 for a total expenditure change of $375,700. City budgeted revenues are proposed to be amended by $172,800 which includes $5,000 of funding transfers in. Amendments will be made to the General Fund, Enterprise Fund, and Special Revenue Fund. Prior to formal action by City Council, a public hearing is required. This hearing will be held on Thursday, May 16, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving Mortgage Release for 115 Gilbert Street 

      Presented for City Council’s consideration is a resolution approving a mortgage release for 115 Gilbert Street. The property owner participated in the 2006 CDBG Housing Rehabilitation Program receiving the maximum $24,999 in funding assistance through a five-year forgivable loan. The property owner signed a mortgage agreement on January 7, 2008. The project was completed on April 18, 2008, and the entire $24,999 debt is now forgiven.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Approving Mortgage Release for 102 Pond Street 

      Presented for City Council’s consideration is a resolution approving a mortgage release for 102 Pond Street. The property owner participated in the 2006 CDBG Housing Rehabilitation Program receiving the maximum $24,999 in funding assistance through a five-year forgivable loan. The property owner signed a mortgage agreement on October 24, 2007. The project was completed on May 2, 2008, and the entire $24,999 debt is now forgiven.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Approving Mortgage Release for 104 Pond Street 

      Presented for City Council’s consideration is a resolution approving a mortgage release for 104 Pond Street. The property owner participated in the 2006 CDBG Housing Rehabilitation Program receiving the maximum $24,999 in funding assistance through a five-year forgivable loan. The property owner signed a mortgage agreement on September 10, 2007. The project was completed on April 22, 2008, and the entire $24,999 debt is now forgiven.

      Is there a motion to adopt the resolution as submitted? 

    7. Request Approving Change Order #10 for the Water Pollution Control Improvements Project 

      Presented for City Council’s consideration is a request to approve Change Order #10 for the Water Pollution Control Improvements Project. The contractor William Brothers Construction Inc. (WBCI) inspected a new line that was run from the Thickened Waste Activated Sludge pumps to the digesters on the other side of the plant to determine if there was an obstruction in the line. No obstruction was found. Staff has proposed a payment of $3,000 for inspection of the line which was accepted by WBCI.

      Is there a motion to approve the request as submitted? 

    8. Resolution Accepting Completed Work for the Water Pollution Control Plant Improvements Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for the Water Pollution Control Plant Improvements Project and authorizing final payment. The city entered into an agreement for this project with William Brothers Construction Inc. for $15,780,000. There were 10 change orders totaling $200,957 for a total contract amount of $15,980,957. All work under the contract has been completed by the contractor and accepted by the WPCP Director and project engineer. It is staff’s recommendation that City Council accept the completed work and authorize final payment to the contractor.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Endorsing Muscatine Municipal Airport Projects for Fiscal Year 2014 and Certifying the Availability of Matching Funds 

      Presented for City Council’s consideration is a resolution endorsing Muscatine Municipal Airport Projects for Fiscal Year 2014 and certifying the availability of matching funds. The State of Iowa airport funding through the Iowa Department of Transportation requires cities to take action to officially endorse airport improvement projects and state they have local matching funds available to meet the 15% local share. This action does not commit the city (financially) to move forward at this time. City Council must specifically approve each project grant agreement during the respective fiscal year it is programmed.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Accepting Easements and Property Acquisitions for the West Hill Sewer Separation Project – Phase II 

      Presented for City Council’s consideration is a resolution accepting easements and property acquisitions for the West Hill Sewer Separation Project – Phase II. This project is a continuation of the West Hill project that began in 2012 and is planned to continue for the next several years. In order to complete Phase II, temporary and permanent easements and other property acquisitions from 11 property owners must be acquired by the city. Negotiations to complete the easements have been conducted or continue to be conducted with those property owners. Five of the properties are proposed to be acquired through delinquent property tax sales.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Accepting Easements and Property Acquisitions for the 2013 Colorado Street Reconstruction Project 

      Presented for City Council’s consideration is a resolution accepting easements and property acquisitions for the 2013 Colorado Street Reconstruction Project. In order to begin the construction phase, temporary and permanent easements and other property acquisitions from 21 property owners must be acquired by the city. Negotiations to complete the easements have been conducted or continue to be conducted with those property owners. The EICC property and easements have been donated by the college.

      Is there a motion to adopt the resolution as submitted? 

    12. Request to Approve Agreement with the Iowa Department of Transportation for an Earmark Funded Project – MRT – Musser Park to Wiggens Road Trail 

      Presented for City Council’s consideration is a request to approve an agreement with the Iowa Department of Transportation for an Earmark Funded Project – MRT – Musser Park to Wiggens Road Trail. This trail segment is part of the National Mississippi River Trail system. It will be a combination of “share the road” and separate trail approximately 7+ miles in length. This trail will provide a continuous route from Louisa County to Wild Cat Den. The estimated cost for the trail is $922,244. The city has received a Federal Earmark totaling $459,635.60. In addition, a $381,100 State Recreational Trail Grant has been awarded. The local match is $81,508.40. It is anticipated private donations will be sought to cover the match. The scheduled bid letting is March 2014 with construction to begin in May 2014. An agreement with the Iowa Department of Transportation for this Earmark Funded Project is necessary.

      Is there a motion to approve the request as submitted? 

    13. Request to Authorize Issuance of Purchase Order for Paint Striping of City Streets 

      Presented for City Council’s consideration is a request to authorize the issuance of a purchase order for paint striping of city streets. Two bids were received with the low bid from Weikert Contracting totaling $43,491.72. It is staff’s recommendation that a purchase order be issued to Weikert Contracting in the amount of $43,491.72. There is $50,000 budgeted for this project.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,429,372.93 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