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AGENDA
THURSDAY, MARCH 3, 2011 
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL

1. CALL TO ORDER 
   
   
2. ROLL CALL
   
   
3. PLEDGE OF ALLEGIANCE 
   
   
4. COMMUNICATIONS – CITIZENS 
   
   
5. MINUTES - APPROVAL 
   
   
   1. City Council Budget Review Session – February 15, 2011 
      
      
   2. City Council Meeting – February 17, 2011 
   
   
6. 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.
   
   * 8 – A-H
   * 13 – A-D
   * Bills*
   
   * Approval of attached Bills for Approval totaling $838,152.63, as well as the receipt summaries and journal entries for August, September, and October 2011, is subject to the approval of any related agenda item(s).
   
   
7. PUBLIC HEARING
   
   
   1. Proposed Application for State and Federal Transit Funds for Fiscal Year 2011/2012
      
      This public hearing concerns a proposed application for state and federal transit funds for fiscal year 2011/2012. Each year the city is required to submit a request to the State of Iowa for federal and state assistance to support the city’s MuscaBus operation. As part of the city’s application, it is anticipated the city would receive $248,683 in federal assistance, $160,898 in state assistance, $8,440 for the New Freedom program, and $41,360 for the JARC program. Prior to any formal 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 2010/2011 City Budget
      
      This public hearing concerns the proposed Amendment #1 to the fiscal year 2010/2011 city budget. The 2010/2011 budget will be amended to the revised estimate amounts considered by City Council during the 2011/2012 budget review process. This includes amending both revenues and expenditures to the currently estimated amounts. Expenditures and other financing sources will be amended upward by $349,039 and revenues and other financing sources amended upward by $728,348. Amendments include updated capital project construction schedules, additional grant-funded projects and other increased operating costs. Prior to any formal action by City Council, a public hearing is required.
      
      Now is the time for the public to comment. 
      
      
   3. Proposed Adoption of Budget and Certification of Taxes for Fiscal Year 2011/2012
      
      This public hearing concerns the proposed adoption of the budget and certification of taxes for fiscal year 2011/2012. Recently the city concluded its budget review process for the fiscal year beginning July 1, 2011 through June 30, 2012. Following the City Council’s review and adjustments, the 2011/2012 city budget expenditures and transfers out total $57,231,076 and revenues and other financing sources total $59,336,086. The budget includes a proposed tax levy rate of $15.77146. Prior to any formation action by City Council, a public hearing is required.
      
      Now is the time for the public to comment. 
   
   
8. PETITIONS AND COMMUNICATIONS 
   
   
   1. Request for renewal of a Class B Beer and Sunday Sales Permit for Supreme Fitness, 303 Cleveland Street – Supreme Fitness LLC (pending inspections) 
      
      
   2. Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #436, 501 Cedar Street – Kum & Go LLC (pending inspections) 
      
      
   3. Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #438, 1010 Park Avenue – Kum & Go LLC (pending inspections) 
      
      
   4. Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #437, 709 Grandview Avenue – Kum & Go LLC (pending inspections) 
      
      
   5. Request for renewal of a Class C Beer and Sunday Sales Permit for Loos Inc., 711 Park Avenue – Loos Inc. (pending inspections) 
      
      
   6. Request for renewal of a Class C Liquor License and Sunday Sales Permit for Diamond Dave’s Taco Co., 2608 2nd Avenue – South of the Border Inc. (pending inspections) 
      
      
   7. Request for renewal of a Class C Liquor License and Sunday Sales Permit with Outdoor Service Area for The Rendezvous, 3127 Lucas Street – Cindy’s Rendezvous LLC (pending inspections) 
      
      
   8. Request for renewal of a Class E Liquor License for Fareway Store #998, 2100 Cedar Plaza Drive – Fareway Stores Inc. (pending inspections)
   
   
9. FROM THE MAYOR 
   
   
   1. Appointment of James Compton to the Library Board of Trustees and Janell Kassel to the Transportation Advisory Commission
      
      Is there a motion to approve the appointments as submitted? 
   
   
10. FROM THE PLANNING AND ZONING COMMISSION 
    
    
11. FROM THE CITY ADMINISTRATOR 
    
    
    1. Resolution Authorizing Submission of an Application to the Iowa Department of Transportation for State and Federal Transit Funds for Fiscal Year 2011/2012 
       
       Presented for City Council’s consideration is a resolution authorizing the submission of an application to the Iowa Department of Transportation for state and federal transit funds for fiscal year 2011/2012. Each year the city is required to submit a request to the State of Iowa for federal and state assistance to support the city’s MuscaBus operation. As part of the city’s application, it is anticipated the city would receive $248,683 in federal assistance, $160,898 in state assistance, $8,440 for the New Freedom program, and $41,360 for the JARC program.
       
       Is there a motion to adopt the resolution as submitted? 
       
       
    2. Resolution Approving Amendment #1 to the Fiscal Year 2010/2011 City Budget 
       
       Presented for City Council’s consideration is a resolution approving Amendment #1 to the fiscal year 2010/2011 city budget. The 2010/2011 budget will be amended to the revised estimate amounts considered by City Council during the 2011/2012 budget review process. This includes amending both revenues and expenditures to the currently estimated amounts. Expenditures and other financing sources will be amended upward by $349,039 and revenues and other financing sources amended upward by $728,348. Amendments include updated capital project construction schedules, additional grant-funded projects and other increased operating costs.
       
       Is there a motion to adopt the resolution as submitted?
       
       
    3. Resolution Adopting the Budget and Certification of Taxes for Fiscal Year 2011/2012 
       
       Presented for City Council’s consideration is a resolution adopting the budget and certification of taxes for fiscal year 2011/2012. Recently the city concluded its budget review process for the fiscal year beginning July 1, 2011 through June 30, 2012. Following the City Council’s review and adjustments, the 2011/2012 city budget expenditures and transfers out total $57,231,076 and revenues and other financing sources total $59,336,086. These amounts include capital projects as well as operating costs. The budget includes a proposed tax levy rate of $15.77146.
       
       Is there a motion to adopt the resolution as submitted? 
       
       
    4. Resolution Relating to the Financing of Certain Proposed Projects and Establishing Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code 
       
       Presented for City Council’s consideration is a resolution relating to the financing of certain proposed projects and establishing compliance with reimbursement bond regulations under the Internal Revenue Code. The IRS requires that cities identify projects that may be financed in whole or in part through the issuance of general obligation bonds. The city’s next bond issue is scheduled for the spring of 2012. The preliminary estimate for the bond issue is $4,550,000. Of this amount, $375,000 was included in a previous Resolution of Intent for the Clay Street Bridge project and $98,500 has been included as estimated bond issuance costs/discount. Significant projects included in this issue are (1) Cedar Street Phase I for utility work; (2) Hershey Avenue street improvements; (3) Colorado Street improvements; (4) the local share of the South End Fire Station Project; (5) additional funding for the Mad Creek Levee Project; (6) the local share of the environmental impact and preliminary design for the Mississippi Drive Corridor Project; and (7) the local share of various airport improvement projects.
       
       Is there a motion to adopt the resolution as submitted? 
       
       
    5. Resolution Amending and Approving the Official Pay Plan for Seasonal and Certain Other Part-Time Employees Effective March 4, 2011 
       
       Presented for City Council’s consideration is a resolution amending and approving the official pay plan for seasonal and certain other part-time employees effective March 4, 2011. A recent review of the rules for classifying employees as seasonal has revealed the need to differentiate between employees who are truly seasonal employees and those who work on a part-time basis year round. This pay plan does not make changes to the wage schedule; however, it reduces the number of job titles and separates the seasonal employees from other part-time employees.
       
       Is there a motion to adopt the resolution as submitted? 
       
       
    6. Request Approving Five-Year Agreement with the Iowa Department of Transportation for Maintenance and Repair of Primary Roads in Muscatine 
       
       Presented for City Council’s consideration is a request to approve a five-year agreement with the Iowa Department of Transportation for maintenance and repair of primary roads in Muscatine. The existing agreement with the IDOT expires on June 30, 2011. The new agreement will begin July 1, 2011 and end on June 30, 2016. This agreement is the basis for the annual supplemental agreement received in the summer which details the amount of payment IDOT agrees to pay the city for the maintenance and repair of the primary roads.
       
       Is there a motion to approve the request as submitted? 
       
       
    7. Request to Approve 2011/2012 Road Salt Purchase Agreement Between the City of Muscatine and the City of Davenport 
       
       Presented for City Council’s consideration is a request to approve the 2011/2012 road salt purchase agreement between the City of Muscatine and the City of Davenport. The City of Davenport is requesting all members of the salt purchasing consortium secure the approval of their respective legislative bodies authorizing them to act as the lead agency for the purchase. In addition, the agreement will stipulate that cities pay 50% of the order between July 1, 2011 and July 10, 2011. Once the salt has been delivered, the city will be invoiced for the balance. The opportunity to purchase salt in bulk order helps keep the price per ton manageable; therefore, it is staff’s recommendation the agreement with the City of Davenport be approved. RFP’s for the salt purchase will go out in late March or early April.
       
       Is there a motion to approve the request as submitted? 
       
       
    8. Discussion/Action on Request from Muscatine Humane Society 
       
       At this time discussion will take place concerning the request from the Muscatine Humane Society. 
    
    
12. COMMUNICATIONS - RECEIVE AND FILE 
    
    
    1. Muscatine County Board of Supervisors – February 7 & 14, 2011 
       
       
    2. Airport Advisory Commission – January 24, 2011
       
       
    3. Art Center Board of Trustees – January 20, 2011 
       
       
    4. City of Muscatine Financial Reports – December 2010 and January 2011  
    
    
13. APPROVAL OF BILLS
    
    It is recommended bills totaling $838,152.63, as well as the receipt summaries and journal entries for August, September, and October 2011, 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 to Discuss Ongoing Litigation 
    
    
16. ADJOURNMENT