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AGENDA
THURSDAY, JUNE 20, 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-B - Approval of City Council Minutes 

    A. Regular City Council Minutes – June 6, 2013

    B. In-Depth Council Minutes – June 13, 2013


    * Items 8A-J - Petitions and Communications

    A. Request to approve first reading of a new Class “C” Liquor License, Outdoor Service and Sunday Sales for Buffalo Wild Wings, 2608 2nd Avenue – Blazin’ Wings Inc. (pending inspections)

    B. Request to approve on first and second reading a new Class “C” Liquor License and Sunday Sales for 101 West LLC, 101 West Mississippi Drive (pending inspections and insurance)

    C. Request to approve a new Class “B” Beer Liquor License, Sunday Sales and Outdoor Sales for Great River Days Inc., Harbor Drive - Great River Days Inc. (pending inspections)

    D. Request to approve Outdoor Service Area for Missipi Brewing Company, 107 Iowa Avenue from September 22, 2013 through November 14, 2013 – R & D Operations Ltd. (pending inspections)

    E. Request for renewal of a Class “B” Native Wine Permit and Sunday Sales for The Flower Gallery, 131 East 2nd Street – Karen J. Diercks (pending inspections)

    F. Request for renewal of a Class “B” Beer Permit and Sunday Sales for Happy Joe’s Pizza & Ice Cream Parlor South, 927 Grandview Avenue – Max Brewer Corporation (pending inspections and insurance)

    G. Request for renewal of a Class “C” Beer Permit and Sunday Sales for Hyink’s Service, 1206 East 2nd Street – Hyink Service Inc. (pending inspections and insurance)

    H. Request for renewal of a Class “C” Beer Permit and Sunday Sales for Babe’s Sinclair, 2307 Lucas Street – Rodney L. Yocom (pending inspections and insurance)

    I. Request for renewal of a Special Class “C” Liquor License for Port City Pizzas Uptown, 1903 Park Avenue – Lacey Henderson-Mueller (pending inspections and insurance)

    J. Request to approve the following Cigarette and Tobacco Permits effective July 1, 2013 through June 30, 2014:
    1. A & E Convenience LLC, 4701 South Highway 61 – A & E Convenience, LLC
    2. Casey’s General Store #1484, 1111 Oregon Street – Casey’s Marketing Company
    3. Casey’s General Store #2906, 3509 Steamboat Way – Casey’s Marketing Company
    4. Casey’s General Store #2944, 3010 University Drive – Casey’s Marketing Company
    5. Smokin Joe’s, 1504 Park Avenue – The Outlet Inc.
    6. Dollar General #7027, 2000 Cedar Plaza Drive, Dolgencorp, LLC
    7. Family Dollar Stores of Iowa #1820, 725 East 2nd Street – Family Dollar Stores of Iowa Inc.
    8. Fareway Stores Inc. #998, 2100 Cedar Plaza Drive – Fareway Stores Inc.
    9. Fast Avenue One Stop, 2111 Park Avenue - Bruce Brooke
    10. Hy-Vee Food Store, 2400 Second Avenue – Hy-Vee Inc.
    11. Hy-Vee Gas, 2600 Second Avenue – Hy-Vee Inc.
    12. Hy-Vee Mainstreet, 510 E. 6th Street – Hy-Vee Inc.
    13. Hy-Vee Wine & Spirits, 522 Mulberry Avenue, Suite A – Hy-Vee Inc.
    14. Hyink Service Inc., 1206 East 2nd Street – Royce R. Hyink
    15. Kum & Go #436, 501 Cedar Street – Kum & Go LC
    16. Kum & Go #437, 709 Grandview Avenue – Kum & Go LC
    17. Kum & Go #438, 1429 Park Avenue – Kum & Go LC
    18. Loos’ Inc., 711 Park Avenue – Norbert L. Loos
    19. Muscatine Citgo Fast Break, 2603 Second Avenue – Reif Oil Company
    20. New York Dollar Store, 109 East 2nd Street – Antonio Sosa
    21. Wal-Mart Supercenter #559, 3003 North Highway 61 – Wal-Mart Stores Inc.
    22. Walgreens #5885, 1703 Park Avenue – Walgreen Co.
    23. DJMB Inc. d/b/a West Side Store, 2201 Houser Street – DJMB Enterprises Inc. 

    K. Request to Approve Closure of Oak Street Between Woodlawn and Maple Avenue 

    L. Request to Approve Closure of 2nd Street Between Oak Street and Mulberry Avenue


    * Item 9A – From the Mayor

    A. Request to Approve Appointments to City’s Various Boards and Commissions


    * Items 12A-D - Communications Receive and File

    A. Muscatine County Board of Supervisors – May 20, 2013 & June 3, 2013

    B. Historic Preservation Commission – April 23, 2013

    C. City of Muscatine Financial Reports – April 2013

    D. City of Muscatine Financial Reports – May 2013


    * Bills*

    * Approval of attached Bills for Approval totaling $1,400,597.21, as well as journal entries and receipt summaries for May 2013, is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Amendment to the 2012 Consolidated Urban Renewal Plan

      This public hearing concerns an amendment to the 2012 Consolidated Urban Renewal Plan. The city has received a request for a potential tax rebate proposal designed to assist the owner/developer with construction of new industrial facilities in the Consolidated Urban Renewal Area. Prior to consideration of a development agreement, the city must schedule a consultation with other taxing authorities. This has been done, and now the public has an opportunity to offer their input on the proposed amendment to the adopted Urban Renewal Plan.

      Now is the time for the public to comment. 

    2. Proposed Development Agreement

      This public hearing concerns a proposed development agreement. A request has been received for a proposed tax rebate proposal for the construction of a new industrial facility in the Consolidated Urban Renewal Area. Prior to the consideration of a development agreement, the city conducted a consultation with other taxing authorities and scheduled a public hearing on a proposed amendment to the adopted Urban Renewal Plan. This public hearing is necessary to provide the public an opportunity to offer input concerning a development agreement utilizing Tax Increment Financing (TIF).

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

  9. FROM THE MAYOR

    B. Request to Approve Recommended Site and Concept of Proposed Band Shell on the Riverfront

    Presented for City Council’s consideration is a request to approve the recommended site and concept of a proposed band shell on the riverfront. Mayor Hopkins presented his proposal to the Recreation Advisory Commission in February 2013. The Commission approved the proposed band shell with some stipulations. A presentation was made to City Council at its April In-Depth meeting which was followed by a presentation to the Zoning Board of Adjustment. The Board approved the proposed band shell. At this time City Council is being asked to approve the recommended site and concept of the proposed band shell on the riverfront.

    Is there a motion to approve the request as submitted? 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Resolution Approving Amendment to the 2012 Consolidated Urban Renewal Plan 

      Presented for City Council’s consideration is a resolution approving an amendment to the 2012 Consolidated Urban Renewal Plan. The city has received a request for a potential tax rebate proposal designed to assist the owner/developer with construction of new industrial facilities in the Consolidated Urban Renewal Area. Consultations have been held with the appropriate taxing authorities and the required public hearing held.

      Is there a motion to adopt the resolution as submitted? 

    2. Resolution Approving a Proposed Development Agreement 

      Presented for City Council’s consideration is a resolution approving a proposed development agreement. A request has been received for a proposed tax rebate proposal for the construction of a new industrial facility in the Consolidated Urban Renewal Area. Prior to the consideration of a development agreement, the city conducted a consultation with other taxing authorities and held a public hearing on a proposed amendment to the adopted Urban Renewal Plan. At this time it would be appropriate for City Council to take action to approve the proposed development agreement.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Accepting Completed Work for the Golf Course Irrigation Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for the Golf Course Irrigation Project and authorizing final payment. In October 2012 City Council awarded a contract in the amount of $321,200 to Midwest Irrigation LLC of East Dubuque, Illinois, for this project. Contract modifications resulted in a deduction of $12,815 bringing the contract total to $308,385. The work has been completed and it is staff’s recommendation City Council accept the work and authorize final payment to the contractor.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Setting a Public Hearing on the Dawson Street Reconstruction Project 

      Presented for City Council’s consideration is a resolution setting a public hearing on the plans, specifications, form of contract, and cost estimates for the proposed Dawson Street Reconstruction Project. This project will be funded with monies set aside from the Local Option Sales Tax funds for street reconstruction and upgrades. Prior to any formal action by City Council, a public hearing is required. This hearing will be held on Thursday, July 11, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Setting a Public Hearing on the 2013 Asphalt Overlay Project 

      Presented for City Council’s consideration is a resolution setting a public hearing on the 2013 Asphalt Overlay Project. This year’s overlay work will consist of Island Road, Island Court, McIntire Road, #2 alley between Cherry and Ash streets, parking area at Weed Park, and participation with the Iowa Department of Transportation on Washington Street from Park Avenue to the city limits. The estimated cost is $250,000 and will be funded with monies set aside from the Local Option Sales Tax funds for street reconstruction and upgrades. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, July 11, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    6. Request to Approve Contract for Employee Assistance Services 

      Presented for City Council’s consideration is a request to approve a contract for employee assistance services. The current contract with Genesis Health Systems to provide these services expires on June 30, 2013. The contract renewal will retain the same provisions as the current contract and will be effective for a three-year term.

      Is there a motion to approve the request as submitted? 

    7. Request to Approve the City of Muscatine’s Employee Handbook 

      Presented for City Council’s consideration is a request to approve the City of Muscatine’s Employee Handbook. An update on the handbook was provided at the June In-Depth meeting.

      Is there a motion to approve the request as submitted? 

    8. Request to Approve the Insurance Renewal for the City of Muscatine Effective July 1, 2013 

      Presented for City Council’s consideration is a request to approve the city’s insurance renewal effective July 1, 2013.

      Is there a motion to approve the request as submitted? 

    9. Request to Authorize Purchase of a Solar Battery Arrow Board 

      Presented for City Council’s consideration is a request to authorize the purchase of a solar battery arrow board which is necessary when detouring or redirecting traffic. Bids were solicited from four vendors with one bid received from Iowa Plains Signing Inc. of Slater, Iowa, in the amount of $4,920. There is $6,000 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    10. Request to Approve Change Order #2 for the Mad Creek Sewer Extension Project 

      Presented for City Council’s consideration is a request to approve Change Order #2 for the Mad Creek Sewer Extension Project. This change order creates an increase of $16,182 for a total contract amount of $980,821.75. The total construction cost including two change orders and other adjustments is expected to be approximately $962,000 which is less than the original contract amount of $994,414.75. The project is substantially complete with only minor punch list items remaining.

      Is there a motion to approve the request as submitted? 

    11. Request to Approve Letter of Understanding for the Fiscal Year 2012/2013 Audit 

      Presented for City Council’s consideration is a request to approve the Letter of Understanding for the Fiscal Year 2012/2013 Audit. In 2009 the city entered into an agreement with McGladrey LLP for audit services for a five-year period. The current year’s audit is the final year of this audit agreement. Audit procedures require that a Letter of Understanding be signed by the auditor and the city documenting responsibilities for specific areas of the audit. The Letter of Understanding reflects the fee of $42,750 for the basic audit and an additional $2,650 for the Housing Program REAC audit which will have a separate Letter of Understanding.

      Is there a motion to approve the request as submitted? 

    12. Request from Water Pollution Control Plant to Authorize Issuance of Purchase Order for Quad Valve Repair 

      Presented for City Council’s consideration is a request from the Water Pollution Control Plant to authorize the issuance of a purchase order for quad valve repair. Quads are the four tanks that hold the digested biosolids material before being pumped to the lagoons. Staff is requesting the issuance of a purchase order to Langman Construction (low bidder) in the amount of $53,510 for site excavation, installation of manholes, and replacement of pavement and to Mellon Associates in an amount not to exceed $4,000 for four DeZuric valves. Staff will install the new valves. The total cost for the project is $57,510.

      Is there a motion to approve the request as submitted? 

    13. Request to Approve Contractual Agreement with Muscatine Community College for Video Production and Cablecast Services 

      Presented for City Council’s consideration is a request to approve a contractual agreement with Muscatine Community College for video production and cablecast services. This agreement will replace the existing 28E Agreement and will be effective July 1, 2013 through June 30, 2016.

      Is there a motion to approve the request as submitted? 

    14. Request from Police Department to Approve Memorandum of Understanding for Allocation of 2013 Justice Assistance Grant Direct Award 

      Presented for City Council’s consideration is a request from the Police Department to approve a Memorandum of Understanding for Allocation of the 2013 Justice Assistance Grant Direct Award. The grant award is in the amount of $18,833 and will be shared with the Muscatine County Drug Task Force and Muscatine County Sheriff’s Office. The Drug Task Force will be allocated 20% of the award as required by the State of Iowa Office of Drug Control Policy. The remaining amount will be split equally between the Police Department and the Sheriff’s Office.

      Is there a motion to approve the request as submitted?

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,400,597.21, as well as journal entries and receipt summaries for May 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 to Enter Closed Session Per State Code 21.5 to Discuss Property Purchase 

  16. ADJOURNMENT