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1. CALL TO ORDER 
   
   
2. ROLL CALL 
   
   
3. PLEDGE OF ALLEGIANCE 
   
   
4. COMMUNICATIONS – CITIZENS 
   
   
   1. Appeal of City Ordinance Pertaining to Exotic Animals 
      
      At this time City Council will hear an appeal of the city’s ordinance pertaining to exotic animals. 
      
      
5. MINUTES - APPROVAL 
   
   
   1. City Council Regular Meeting – January 19, 2012 
      
      
   2. City Council General Fund Overview – January 26, 2012 
      
      
   3. City Council Budget Meeting – January 28, 2012 
      
      
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.
   
   * 12 – A-C
   * Bills*
   
   * Approval of attached Bills for Approval totaling $1,554,711.03 is subject to the approval of any related agenda item(s). 
   
   
7. PUBLIC HEARING 
   
   
8. PETITIONS AND COMMUNICATIONS 
   
   
   1. Request for Use of City Property for Great River Days Celebration 
      
      Presented for City Council’s consideration is a request for the use of city property for the Annual Great River Days Community Celebration on July 23-29, 2012. Organizers of the event are requesting the closure of the Muscatine Riverfront from the new boat launch parking area to the Millennium Plaza. Activities include carnival rides, live bands, youth activities, car and motorcycle shows, an art and craft fair, and a beer tent. The Cedar Street entrance will remain open to allow boaters access to the harbor and new boat launch area. Alcohol is allowed by permit on the Riverfront from Mad Creek to Linn Street extended to the Mississippi River. This event has been endorsed by the Recreation Advisory Commission. It is staff’s recommendation this request be approved with the following stipulations:
      
      • The group agrees to work with city staff to develop a site plan to include the location of the beer tent that is not in violation of the City Code.
      • The group agrees to obtain the appropriate permits and licenses from all appropriate regulatory agencies as required.
      • The group provides the appropriate Certificates of Insurance prior to the event.
      • The group representatives attend all pre-event meetings.
      • The group agrees to pay all appropriate facility and event fees to include but not limited to restoration fees.
      
      Is there a motion to approve the request as submitted? 
      
      
   2. Update from Sister Cities Organization
      
      At this time a representative from the Sister Cities organization will be providing an update on their activities to date. 
      
      
9. FROM THE MAYOR 
   
   
   1. Proclamation Declaring January 27, 2012 as “Muscatine Blue Zones Day” 
      
      Is there a motion to approve the proclamation as submitted? 
      
      
   2. Request to Approve Appointment of Dyann Roby to the Planning & Zoning Commission 
      
      Is there a motion to approve the appointment as submitted? 
      
      
10. FROM THE PLANNING AND ZONING COMMISSION 
    
    
11. FROM THE CITY ADMINISTRATOR 
    
    
    1. Resolution Setting Public Hearing for the West Hill Phase I Sewer Separation Project 
       
       Presented for City Council’s consideration is a resolution setting a public hearing for the West Hill Phase I Sewer Separation Project. The city is under a federal EPA Consent Order to separate all storm and sanitary sewers by 2024. Over the past 20 years, the city has been separating storm and sanitary sewers in the community through the use of the local option sales tax. In order to complete the process, a very large and significant separation project of the city’s West Hill area must now be undertaken. The project will be done in phases with Phase I beginning this spring. A public hearing is required on Phase I of the project. It will be held on Thursday, February 16, 2012, at 7:00 p.m.
       
       Is there a motion to adopt the resolution as submitted? 
       
       
    2. Resolution Authorizing the 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 $22,055.78.
       
       Is there a motion to adopt the resolution as submitted? 
       
       
    3. Request to Approve Updated Policy for Examination/Copying of Public Records 
       
       Presented for City Council’s consideration is a request to approve an updated policy for examination/copying of public records. The City Attorney has recommended the updating of the city’s policy pertaining to the examination or copying of records to provide a consistent mechanism for the community to access and copy public records. The policy puts in writing the city’s current practice. This updated policy is in compliance with state requirements.
       
       Is there a motion to approve the request as submitted? 
       
       
    4. Request to Approve Amendment #1 to the Mississippi Drive Corridor Project 
       
       Presented for City Council’s consideration is a request to approve Amendment #1 to the Mississippi Drive Corridor Project. This request had been tabled at the January 19, 2012 City Council meeting to allow Council time to receive more detail concerning the proposed amendment. The amendment is needed to perform outside the original agreement with Stanley Consultants relating to the preparation and submission of a 4(f) statement under the National Historic Preservation Act and the National Environmental Policy Act. The proposed amendment in the amount of $71,312 has been reviewed and approved by the Iowa Department of Transportation and the Federal Highway Administration.
       
       Is there a motion to approve the request as submitted? 
       
       
    5. Request to Approve Change Order #1 for the “Rehabilitate Runway Lighting” at the Municipal Airport 
       
       Presented for City Council’s consideration is a request to approve Change Order #1 for the “Rehabilitate Runway Lighting” at the Municipal Airport. The original professional services agreement with Anderson-Bogert for this project, which has been completed except for seeding, was in the amount of $39,469.17. The appropriation of federal funds for this project was delayed until the spring of 2011. Once funding was approved, the project was updated to include the use of new materials which reduced the overall cost of the project. However, the delays and changes also required the engineer to deviate from the original design and scope of the project. Change Order #1 in the amount of $20,480 reflects the additional costs for those delays and changes. The total engineering fee for the project is $59,949.
       
       Is there a motion to approve the request as submitted? 
       
       
    6. Request to Approve Master Agreement for Engineering Services for the Obstruction Survey and Removal Project at the Municipal Airport 
       
       Presented for City Council’s consideration is a request to approve a master agreement for engineering services for the Obstruction Survey and Removal Project at the Municipal Airport. The project will consist of the elimination of trees and growth on a 26-acre strip of real estate purchased by the city several years ago. Removal is the best long-term solution to protecting aircraft safety now and in the future. The cost for the project is provided through 85% state funding with a 15% local share. This project is included in the fiscal year 2011/2012 budget. It is staff’s recommending the city enter into an engineering services agreement with Anderson-Bogert Engineers and Surveyors Inc. in the amount of $12,684.04.
       
       Is there a motion to approve the request as submitted? 
       
       
    7. Request to Approve Amended and Restated Security Fence Agreement for the Muscatine Island Levee 
       
       Presented for City Council’s consideration is a request to approve an amended and restated security fence agreement with Grain Processing Corporation for the Muscatine Island Levee. The city entered into an agreement with GPC in 2006 for construction of a chain link fence on the riverside crown along the entire length of their industrial area. They now plan to extend the levee fence approximately 400’ in the upstream direction. The Rock Island Corps of Engineers requires an agreement be established between the city and GPC because the proposed fence is considered to be a levee encroachment. The proposed agreement has been reviewed by the City Attorney.
       
       Is there a motion to approve the request as submitted? 
       
       
    8. Request to Approve Engineering Services Agreement for the Connector Location Study from U.S. 61 to Iowa 38 
       
       Presented for City Council’s consideration is a request to approve an engineering services agreement for the Connector Location Study from U.S. 61 to Iowa 38. City staff and City Council have been working on different scenarios for possible future expansion of the city’s corporate limits. There is approximately 1,200 acres between U.S. 61/Iowa 38/180th Street being considered as a potential growth area. If the city intends to further study this option, the cost and impact of infrastructure needs to be known. In January 2005 Snyder & Associates prepared a “US 61 Access Study” from Iowa 38 east for the Iowa Department of Transportation. As such, they are familiar with the location and a logical fit for this proposed study. It is staff’s recommendation the city enter into an engineering services agreement with Snyder & Associates for this study in the amount of $45,000. Funding will come from the roadway portion of the local option sales tax.
       
       Is there a motion to approve the request as submitted? 
       
       
    9. Request to Declare Items as Surplus 
       
       Presented for City Council’s consideration is a request to declare city property as surplus. Periodically city staff gathers surplus city material for disposal. Each department is given the opportunity to review these items before offered for public sale. Prior to listing the items on Public Surplus, Council must declare this property as surplus.
       
       Is there a motion to approve the request as submitted? 
       
       
12. COMMUNICATIONS - RECEIVE AND FILE 
    
    
    1. Muscatine County Board of Supervisors – January 9, 16 & 17, 2012 
       
       
    2. Library Board of Trustees – November 16, 2011 
       
       
    3. NFPA Survey – October and November 2011 
       
       
13. APPROVAL OF BILLS 
    
    It is recommended bills totaling $1,554,711.03 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 pending litigation
       
       
16. ADJOURNMENT