THURSDAY, OCTOBER 7, 2010
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL

1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. COMMUNICATIONS – CITIZENS
    
   1. Presentation of Life Saving Medals
      
      At this time Mayor O’Brien will present Police Sgt. Chad Said and Police Officer Josh Cummings with “Life Saving” medals
6. MINUTES - APPROVAL
   
   
   1. City Council Meeting – September 16, 2010
7. 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 or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
   
   * 13 – A-E
   * Bills
   
   * * Approval of attached Bills for Approval totaling $2,199,230.06, as well as journal entries and receipt summaries for June 2010, is subject to the approval of any related agenda item(s).
8. PUBLIC HEARING
9. PETITIONS AND COMMUNICATIONS
10. FROM THE MAYOR
    
    
    1. Request to Adopt Proclamation Declaring October 24, 2010 as “United Nations Day”
       
       Is there a motion to adopt the proclamation as submitted?
11. FROM THE PLANNING AND ZONING COMMISSION
12. FROM THE CITY ADMINISTRATOR
    
    
    1. Resolution Amending Industrial Contract Provisions for the Muscatine Transfer Station
       
       Presented for City Council’s consideration is a resolution amending industrial contract provisions for the Muscatine Transfer Station. In July 2010 a committee was formed to study the landfill and transfer station operations and the deficits that have accumulated in those funds. In August the committee discussed with City Council a preliminary plan for increasing waste volume/revenue for these operations. The model being proposed by the committee includes an additional 5,000 tons of waste (to 35,000 tons total) based on contracts with four area businesses. The additional waste volume is expected to add $180,000 of new revenue to the landfill fund. This proposal would be in effect for a three-year trial period to determine how effective it will be in reducing the accumulated deficit in the landfill fund.
       
       Is there a motion to adopt the resolution as submitted?
    2. Resolution Awarding and Approving Contract for the Papoose Creek Trash Rack Structure
       
       Presented for City Council’s consideration is a resolution awarding and approving the contract for the Papoose Creek Trash Rack Structure. As a result of the 2008 flooding, erosion repairs were authorized by FEMA and included the Papoose Pump Station’s bar screen replacement and the Papoose Creek trash rack structure as one project. The bar screen replacement has been completed. Plans for the trash rack structure include constructing an access from Cedar Street to the upstream end of the Papoose Creek storm sewer, wing wall extensions, structural concrete and galvanized steel racks. Three bids were received for this project with the low bid from Muscatine Bridge Company in the amount of $107,744. FEMA will be funding this project.
       
       Is there a motion to adopt the resolution as submitted?
    3. Resolution Authorizing Assessment of Unpaid 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 $36,132.57.
       
       Is there a motion to adopt the resolution as submitted?
    4. Resolution Authorizing Changes to Muscatine Municipal Housing Agency Administrative Plan for the Section 8 Tenant Based Housing Choice Voucher Program
       
       Presented for City Council’s consideration is a resolution authorizing changes to the Muscatine Municipal Housing Agency Administrative Plan (MMHA) for the Section 8 Tenant Based Housing Choice Voucher Program. This program operates under the guidelines set forth by the Department of Housing and Urban Development (HUD). In May 2009 amendments were made to the MMHA operations which included conducting annual interim re-examinations for all households in which an income change took place. The Section 8 Administrative Plan was updated to reflect this change. At this time, the MMHA is requesting authorization to revert to the previous interim re-examination policy of requiring an interim re-examination when a family experiences a decrease in income. Staff is requesting the adoption of the resolution allowing MMHA to revert to its previous policy and making changes to the Section 8 Administrative Plan.
       
       Is there a motion to adopt the resolution as submitted?
    5. Resolution Establishing Temporary and Permanent Easements for the Mad Creek Levee and Floodwall Improvement Project
       
       Presented for City Council’s consideration is a resolution establishing temporary and permanent easements for the Mad Creek Levee and Floodwall Improvement Project. The city is completing the process of acquiring temporary and permanent easements for this project. In order to prepare the final plans and specifications, it is necessary to have all property needed acquired and ready for construction. In connection with this project, temporary and permanent easements located on real property owned by the City of Muscatine for the construction and maintenance of the improvements to the Mad Creek levee and floodwall must be established.
       
       Is there a motion to adopt the resolution as submitted?
    6. Resolution Establishing Temporary and Permanent Easements for the Mad Creek Levee and Floodwall Improvement Project
       
       Presented for City Council’s consideration is a resolution establishing temporary and permanent easements for the Mad Creek Levee and Floodwall Improvement Project. The city is completing the process of acquiring temporary and permanent easements for this project. In order to prepare the final plans and specifications, it is necessary to have all property needed acquired and ready for construction. In connection with this project, temporary and permanent easements located on real property owned by HNI Corporation for construction and maintenance of the improvements to the Mad Creek levee and floodwall need to be established.
       
       Is there a motion to adopt the resolution as submitted?
    7. Resolution Establishing Temporary and Permanent Easements for the Mad Creek Levee and Floodwall Improvement Project
       
       Presented for City Council’s consideration is a resolution establishing temporary and permanent easements for the Mad Creek Levee and Floodwall Improvement Project. The city is completing the process of acquiring temporary and permanent easements for this project. In order to prepare the final plans and specifications, it is necessary to have all property needed acquired and ready for construction. In connection with this project, temporary and permanent easements located on real property owned by RMI Investments (Contract Buyer) and David J. Bird and Linda L. Bird (Contract Sellers) for construction and maintenance of the improvements to the Mad Creek levee and floodwall need to be established.
       
       Is there a motion to adopt the resolution as submitted?
    8. Resolution Establishing Temporary and Permanent Easements for the Mad Creek Levee and Floodwall Improvement Project
       
       Presented for City Council’s consideration is a resolution establishing temporary and permanent easements for the Mad Creek Levee and Floodwall Improvement Project. The city is completing the process of acquiring temporary and permanent easements for this project. In order to prepare the final plans and specifications, it is necessary to have all property needed acquired and ready for construction. In connection with this project, temporary and permanent easements located on real property owned by Robert P. and Rosemary Bryant of Muscatine for construction and maintenance of the improvements to the Mad Creek levee and floodwall need to be established.
       
       Is there a motion to adopt the resolution as submitted?
    9. Request to Declare Police Department K-9 as Surplus Property
       
       Presented for City Council’s consideration is a request to declare the Police Department’s current K-9 (Alec) as surplus property. The expected “working life” of a police K-9 is between five to seven years. Alec has been with the department for more than seven years. Alec’s handler, Officer Jack Bierman, has resigned from the Police Department and has agreed to maintain Alec as a family pet for the remainder of his life at his own expense. It is staff’s recommendation the police K-9 (Alec) as well as his kennel be declared as surplus property and Officer Bierman and his family be given permission to take Alec as the family pet and assume all expenses for his care.
       
       Is there a motion to approve the request as submitted?
    10. Request to Approve Change Order #5 for the Water Pollution Control Plant Renovation Project
        
        Presented for City Council’s consideration is a request to approve Change Order #5 for the Water Pollution Control Plant Renovation Project. There are a number of modifications included with this change order. They include: (1) Construction of a concrete wall around the manual bar screen where the influent enters the primary clarifiers; (2) insulation of a pipe that passes through the aeration tank to prevent freezing; (3) installation of dewatering wells for construction purposes as well as future cleaning purposes; and (4) minor electrical items. The total cost of the change order will result in a $29,601 increase to the contract price.
        
        Is there a motion to approve the request as submitted?
    11. Request to Approve Joint Participation Agreements with the Iowa Department of Transportation to Implement a State Transit Assistance Operating Project
        
        Presented for City Council’s consideration is a request to approve joint participation agreements with the Iowa Department of Transportation to implement a State Transit Assistance Operating Project. Each year the city receives notification from the IDOT pertaining to the operating assistance they will receive for the next fiscal year for the transit operation. Funding received will be $161,912 for the State Transit Operating Assistance Project; $274,847 for the Federal Transit Operating Assistance; $39,502 for the Job Access/Reverse Commute (JARC) Project; and $7,966 for the New Freedom Project. This funding will be utilized for fiscal year 2011 MuscaBus operations and capital expenses.
        
        Is there a motion to approve the request as submitted?
    12. Request to Approve Change Order for the Sunset Park Resident Center
        
        Presented for City Council’s consideration is a request to approve a change order for the Sunset Park Resident Center. On September 2, 2010 the city entered into a contract with North Construction for a 1,200 square foot resident addition to the existing Sunset Park office building. It has been discovered the electrical wiring to the existing building is under the concrete slab/foundation. It is necessary to remove the electrical service cable from under the foundation. The cost for this work will be $4,020 which will increase the contract amount to $117,745.
        
        Is there a motion to approve the request as submitted?
13. COMMUNICATIONS - RECEIVE AND FILE
     
    1. Muscatine County Board of Supervisors – August 30, 2010, September 13 & 20, 2010
    2. Art Center Board of Trustees – August 18, 2010
    3. Historic Preservation Commission – August 18, 2010
    4. NFPA Fire Survey – July 2010
    5. Board of Water, Electric and Communications Trustees – August 31, 2010
14. APPROVAL OF BILLS
    
    It is recommended bills totaling $2,199,230.06, as well as journal entries and receipt summaries for June 2010, 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).
15. COMMUNICATIONS - COUNCIL MEMBERS
16. OTHER BUSINESS
    1. Request to go into Closed Session to discuss pending litigation and union negotiations
    2. ADJOURNMENT