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AGENDA
THURSDAY, DECEMBER 5, 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 – November 21, 2013


    * Items 8A-D - Petitions and Communications

    A. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit and Sunday Sales for West Side Store, 2201 Houser Street – DJMB LLC (pending inspections)

    B. Request for renewal of a Class “A” Liquor License, Outdoor Sales and Sunday Sales for Geneva Golf & Country Club, 3100 Bidwell Road – Geneva Golf & Country Club (pending inspections and insurance)

    C. Request for renewal of a Class “B” Beer Permit and Sunday Sales for Hong Kong Buffet, 2406 Park Avenue – Hong Kong Buffet Inc. (pending inspections and insurance)

    D. Request for Use of City Property for the April Cancer Fun Run

    Request for closure of Weed Park on April 12, 2014 from 8:30 to 10:00 a.m. for the April Cancer Fun Run sponsored by the Relay for Life Team 6 of the Kent Corporation.


    * Items 12A-F - Communications Receive and File

    A. Muscatine County Board of Supervisors – November 4 & 13, 2013

    B. Abstract of Votes for November 5, 2013 City Election

    C. Airport Advisory Commission – September 23, 2013

    D. MP&W Minutes – October 29, 2013

    E. MP&W Communications Utility – October 2013 

    F. MP&W Electric Utility – October 2013

    G. MP&W Water Utility – October 2013


    * Bills*

    * Approval of attached Bills for Approval totaling $1,002,391.57 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Urban Renewal Plan Amendment

      This public hearing concerns a proposed Urban Renewal Plan Amendment. The proposed amendment to the Plan will authorize the city to incur debt for Plan Administration and Professional Support in an amount not to exceed $117,000. Funds will be provided through an internal advance of city funds on hand, and the obligation will be repaid with incremental property tax revenues. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Vacation of Unimproved Portion of Charles Street Right-of-Way

      This public hearing concerns the proposed vacation of an unimproved portion of the Charles Street right-of-way. The property owner at 2218 New Hampshire Street is requesting a vacation of a 1,474 square foot unimproved portion of the Charles Street right-of-way. The intent is to accommodate an existing garage that was mistakenly constructed on a small portion of the unimproved portion of the right-of-way. The Planning & Zoning Commission unanimously recommends approval of this request. 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. Resolution Approving Amendment to the Urban Renewal Plan 

      Is there a motion to adopt the resolution approving the amendment to the Urban Renewal Plan? 

    2. First Reading of an Ordinance Vacating Unimproved Portion of Charles Street Right-of-Way 

      Presented for City Council’s consideration is the first reading of an ordinance vacating an unimproved portion of the Charles Street right-of-way. The property owner at 2218 New Hampshire Street is requesting a vacation of a 1,474 square foot unimproved portion of the Charles Street right-of-way to accommodate an existing garage mistakenly constructed on a small portion of the unimproved portion of the right-of-way.

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

    3. Resolution Setting Public Hearing to Amend Chapters 4 and 5 of Title 10 of the City Code Pertaining to Floodplain Management Regulations 

      Presented for City Council’s consideration is a resolution setting a public hearing to amend Chapters 4 and 5 of Title 10 of the City Code pertaining to Floodplain Management Regulations. In order for the city’s regulations to be compliant with federal regulations, they must be revised to incorporate the recently revised FEMA Flood Insurance Rate Maps (FIRM) that go into effect April 16, 2014. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, December 19, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Setting Public Hearing for the Cedar Street Reconstruction Project 

      Presented for City Council’s consideration is a resolution setting a public hearing for the Cedar Street Reconstruction Project. The engineer’s estimated cost without a 10% contingency is $3,650,414. Other projects impacting this project (extension of the Papoose Creek Culvert, Cedar Street clearing, Cedar Street utility upgrades and replacement, and Logan Street culvert extension) are either completed or under construction. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, December 19, 2013, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted? 

    5. Request to Approve Change Order #1 for the Cedar Street Utility Project 

      Presented for City Council’s consideration is a request to approve Change Order #1 for the Cedar Street Utility Project. The contract for the Cedar Street Utility Project was awarded to Brandt Construction in the amount of $381,599.40. Items outside the bid item scope were necessary to complete the project. This change order totals $3,260 and other bid item quantity adjustments resulted in a deduction of $15,791.56 for a net final contract amount of $369,067.84.

      Is there a motion to approve the request as submitted? 

    6. Resolution Accepting Completed Work for the Cedar Street Utility Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for the Cedar Street Utility Project and authorizing final payment. The city entered into a contract for this project with Brandt Construction in the amount of $381,599.40. One change order and bid item adjustments resulted in a final contract amount of $369,067.84. All work has been completed and the project is ready to close out.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Approving Code of Conduct Policy, Equal Opportunity Policy, and Prohibition of Use of Excessive Force Policy 

      Presented for City Council’s consideration is a resolution approving the Code of Conduct Policy, Equal Opportunity Policy, and Prohibition of Use of Excessive Force Policy. The city has been conditionally awarded CDBG Downtown Revitalization grant funds totaling $500,000. To comply with federal and state regulations for administration of federal grant funds, these three policies must be adopted by resolution.

      Is there a motion to adopt the resolution as submitted? 

    8. Request to Approve Professional Services Agreements with HBK Engineering 

      Presented for City Council’s consideration is a request to approve professional services agreements with HBK Engineering. The city has been conditionally awarded CDBG Downtown Revitalization grant funds totaling $500,000. HBK Engineering has been selected to assist with architectural design and construction management for the revitalization. There are two agreements. The first is for architectural design services in an amount not to exceed $68,490 and the second is for construction management services in an amount not to exceed $5,400. The cost of these professional services is covered entirely by the grant funds.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,002,391.57 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 Enter Closed Session Per State Code 21.5 to Discuss Property Purchase and Pending Litigation 

  16. ADJOURNMENT