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AGENDA
THURSDAY, APRIL 7, 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 

  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-F
    * 13 – A-F
    * Bills*

    * Approval of attached Bills for Approval totaling $1,587,565.91 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Vacation of Certain Rights-of-Way as it Pertains to Elm Street and Alley Right-of-Way in Block 42 of Original Town

      This public hearing concerns the proposed vacation of certain rights-of-way as it pertains to Elm Street and the alley right-of-way in Block 42 of Original Town. A request has been submitted on behalf of three separate property owners interested in the vacation and purchase of unused city right-of-way located in Block 42 of Original Town. The first request involves a portion of the platted but unimproved portion of Elm Street located adjacent to Block 42 of Original Town and the second request is associated with the request from the three property owners that abut the platted but unimproved alley right-of-way in Block 42 of Original Town. The Planning & Zoning Commission conducted an on-site viewing of the property and is recommending City Council take action to approve the vacation and transfer of this real estate. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Cedar Street Utility Project

      This public hearing concerns the proposed Cedar Street Utility Project. The city will be reconstructing Cedar Street from Parham to Houser. The project has been divided into three phases. Phase I, which involves culvert extensions near the Wood Creek and Stonebrook subdivision entrances, must be completed before Phase II can begin. Right-of-way acquisition and easements are being prepared for Phase I. Prior to formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

    1. First reading for a new Class C Beer and Sunday Sales Permit for Casey’s General Store #2944, 3010 University Drive – Casey’s Marketing Co. (pending inspections) 

    2. First reading for a new Class E Liquor License and Sunday Sales Permit for Discount Mart, 216 Green Street – Goraya Inc. (pending inspections) 

    3. Request for renewal of a Class E Liquor License and Sunday Sales Permit for Hy-Vee Food Store, 2400 2nd Avenue – Hy-Vee Inc. 

    4. Request for renewal of a Class A Liquor License and Sunday Sales Permit for American Legion Club, 110 Houser Street – Edward H. Bitzer Post #27 of the American Legion Club 

    5. Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Ranch of Muscatine, 105 Ford Avenue – Psychodog Enterprises Inc. 

    6. Request for new Cigarette Permit for Discount Mart at 216 Green Street – Goraya Inc. 

    7. Request from Pete’s Tap, 1820 Angle Street, for Use of City Property for an Outdoor Service Area 

      Presented for City Council’s consideration is a request for use of city property for an Outdoor Service Area at Pete’s Tap, 1820 Angle Street, from noon to 2 p.m. on Saturday, May 21, 2011. The event will be held in the city-owned parking lot behind Pete’s Tap. Two sides of the lot will be fenced. There will be no fencing along the back of the lot which is bordered by the Slough unless Council feels it is necessary.

      Is there a motion to approve the request as submitted? 

    8. Request for Use of City Property for Hayes Hustle 5K Race 

      Presented for City Council’s consideration is a request to hold the Hayes Hustle 5K Race on April 16, 2011 beginning at 9 a.m. The event will begin at the Hayes school on Cedar Street and will travel to Fulliam up to Houser and from Houser back to the school. The event is expected to last approximately 1 ½ hours.

      Is there a motion to approve the request as submitted? 

    9. Request from Greater Muscatine Chamber of Commerce & Industry for Use of City Property for a State Historical Society of Iowa Civil War Traveling Exhibit 

      Presented for City Council’s consideration is a request from the GMCCI for the use of city property for the placement of a State Historical Society of Iowa Civil War Traveling Exhibit. The exhibit, which will be housed in a 50’ tractor/trailer, will be placed on 4th Street between Walnut Street and Mulberry Avenue. The exhibit will take place from June 30, 2011 through July 5, 2011.

      Is there a motion to approve the request as submitted? 

    10. Request from Greater Muscatine Chamber of Commerce & Industry for Use of City Property for 4th of July Activities 

      Presented for City Council’s consideration is a request from the GMCCI for the use of city property for its 4th of July activities. The parade, which is scheduled to begin at 3 p.m., will start at the intersection of 6th Street and Iowa Avenue. It will progress down Iowa Avenue to 2nd Street and will travel down 2nd Street to 5th Street ending at the intersection of 5th and Sycamore streets. Planned usage of the riverfront is from 3 p.m. to 10:30 p.m. Vendors will be located on the riverfront from Chestnut to Cedar streets. Riverfront Park will be open to the community for observance of the fireworks display.

      Is there a motion to approve the request as submitted? 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. First Reading of an Ordinance Vacating Certain Rights-of-Way in the City of Muscatine as it Pertains to Elm Street and Alley Right-of-Way in Block 42 of Original Town 

      Presented for City Council’s consideration is the first reading of an ordinance vacating certain rights-of-way in the City of Muscatine as it pertains to Elm Street and the alley right-of-way in Block 42 of Original Town. A request has been submitted on behalf of three separate property owners interested in the vacation and purchase of unused city right-of-way located in Block 42 of Original Town. The first request involves a portion of the platted but unimproved portion of Elm Street located adjacent to Block 42 of Original Town and the second request is associated with the request from the three property owners that abut the platted but unimproved alley right-of-way in Block 42 of Original Town. The Planning & Zoning Commission conducted an on-site viewing of the property and is recommending City Council take action to approve the vacation and transfer of this real estate.

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

    2. Second Reading of an Ordinance Amending Title 6 Fire Regulations, Chapter 1 Fire Department Regulations, Chapter 2 Open Burning, Chapter 4 Fireworks and Explosives, and Chapter 5 Fire Inspections 

      Presented for City Council’s consideration is the second reading of an ordinance amending Title 6 Fire Regulations, Chapter 1 Fire Department Regulations, Chapter 2 Open Burning, Chapter 4 Fireworks and Explosives, and Chapter 5 Fire Inspections. It should be noted the majority of the fees included as part of this ordinance are directly related to the cost of providing a particular service. The fees will be effective July 1, 2011. The projected revenue for implementing the new fees is $21,160.

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

    3. Resolution Setting Public Hearing for the 2011 Pavement Management Program 

      Presented for City Council’s consideration is a resolution setting a public hearing for the 2011 Pavement Management Program. The Roadway Maintenance Division has $625,000 available for street improvements until June 20, 2012. These funds are from the One Cent Local Option Tax. There will be $456,000 allotted for overlay work and $69,000 for full-depth patching. Prior to getting the project underway, a public hearing is required. The hearing will be held on Thursday, April 21, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving the Contract and Bond for the Hershey Avenue Reconstruction Project 

      Presented for City Council’s consideration is a resolution approving the contract and bond for the Hershey Avenue Reconstruction Project. At its March 17, 2011 meeting, City Council took action to award the contract for this project to Sulzberger Excavating in the amount of $1,078,751.93. The engineer’s estimate for the project was $1.4 million with the Surface Transportation Program funding $381,415 of that amount. Construction is expected to begin in the spring of 2011 with completion in the fall of 2011.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Approving Pay Plan for Non-Union Employees 

      Presented for City Council’s consideration is a resolution approving the pay plan for non-union employees. A new wage schedule has been designed in conjunction with the recent salary survey and pay plan review the city recently conducted. The proposed pay plan reduces the number of pay grades from an individual grade for each classification to 11 pay grades.

      Is there a motion to adopt the resolution as submitted? 

    6. 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 $27,486.82.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Authorizing the Acceptance of an Iowa Finance Authority Housing Counseling Program Grant 

      Presented for City Council’s consideration is a resolution authorizing the acceptance of an Iowa Finance Authority Housing Counseling Program Grant. The IFA was awarded $166,486 by the Department of Housing and Urban Development for a housing counseling programming for the federal fiscal year which ends September 30, 2011. In 2010 the Muscatine Municipal Housing Authority submitted an application for a portion of these funds to supplement the City of Muscatine’s ongoing home ownership program. The city was recently notified that funding was approved in the amount of $11,190.56. It is staff’s recommendation that City Council approve the acceptance of the grant as submitted which includes the execution of all required grant documents by city officials.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Setting Public Hearing on Consolidation of Muscatine Urban Renewal Areas and Urban Renewal Plan Amendment 

      Presented for City Council’s consideration is a resolution setting a public hearing on consolidation of Urban Renewal Areas and an Urban Renewal Plan Amendment. The city currently has six different urban renewal plans and districts covering a large portion of the city. Staff feels it will be beneficial to consolidate the plans into a single document and expand the areas intended to be covered by the plan together with a narrative and statistical information to reaffirm the need for economic development and the alleviation of slum and blighting influences within the designated urban renewal area. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, May 5, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted?

    9. Resolution Accepting Change Orders for a Community Development Block Grant Project at 104 George Street 

      Presented for City Council’s consideration is a resolution accepting changes orders for a CDBG Project at 104 George Street. In January 2011 the city entered into a rehabilitation contract with S&H Construction in the amount of $21,750 for this property. The two change orders totaling $11,325 reflect unexpected construction and lead-based paint interim costs associated with the project. Funding through the 2009 CDBG program is available to cover both change orders.

      Is there a motion to adopt the resolution as submitted? 

    10. Request Approval of Change Order #4 for the Clay Street Reconstruction Project 

      Presented for City Council’s consideration is a request to approve Change Order #4 for the Clay Street Reconstruction Project. This project was completed in 2010. A recent final forms audit performed by the Iowa Department of Transportation resulted in the need to modify the contract working days from 55 to 57. There is no price adjustment involved with this change order. It satisfies the IDOT’s requirements and releases the federal stimulus fund retainage being held by them.

      Is there a motion to approve the request as submitted? 

    11. Request Authorization to Purchase Road Rock Salt 

      Presented for City Council’s consideration is a request to authorize the purchase of road rock salt. Four bids were received with the low bid from Morton Salt Inc. in the amount of $59.27 per ton. The city and Muscatine County will split the 3,000 tons being ordered. There was $60 per ton budgeted for the 2011 salt purchase.

      Is there a motion to approve the request as submitted? 

    12. Request Authorization to Enter Into an Agreement for Construction Administrative Services Pertaining to the Weed Park to Wildcat Den Trail Project and the Hershey Avenue Reconstruction Project 

      Presented for City Council’s consideration is a request to authorize an agreement for construction administrative services pertaining to the Weed Park to Wildcat Den Trail Project and the Hershey Avenue Reconstruction Project. These two projects will be constructed this summer using federal funds. The city is required to document these projects in accordance with federal and Iowa Department of Transportation standards in order to be reimbursed once construction has been completed. Shoemaker-Haaland has experience in this type of project documentation. It is staff’s recommendation the city enter into an agreement with Shoemaker-Haaland to provide these services in an amount not to exceed $12,744.

      Is there a motion to approve the request as submitted? 

    13. Request Approval of Change Orders for the Hershey Avenue Storm and Sanitary Sewer Construction Project 2 

      Presented for City Council’s consideration is a request to approve change orders for the Hershey Avenue Storm and Sanitary Sewer Construction Project 2. Change Order #7 in the amount of $7,103.38 is for repairs to a retaining wall in front of 701 W. Mississippi Drive. Change Order #9 in the amount of $1,180.41 is for the additional underdrain system on the east side of Broadway. Change Order #10 in the amount of $8,212.50 addresses costs incurred for the late date of paving Hershey Avenue in 2010 and Change Order #11extends the project completion date to June 30, 2011. It is staff’s recommendation the change orders be approved.

      Is there a motion to approve the request as submitted?

    14. Request to Approve Change Order #3 for the Mad Creek Levee Project 

      Presented for City Council’s consideration is a request to approve Change Order #3 for the Mad Creek Levee Project. As part of the levee project, the city was required to obtain all temporary and permanent easements related to the project. To date these easements have been secured except for one property owner located at 903 E. 2nd Street. Before the project can begin, the city must accomplish work related to the easements. To complete the work and construct the improvements in accordance with the terms of the easement acquisition, it is now necessary to complete the survey work, prepare suitable engineering plans and specifications and prepare a bid package. It is staff’s recommendation that Change Order #3 with Anderson-Bogert Engineers and Surveyors be approved for $12,000. The cost for this change order will be fully credited to the city’s obligation for the completion of the Mad Creek Levee Improvement Project.

      Is there a motion to approve the request as submitted? 

    15. Request to Approve Engineering Services for Renovation of Municipal Hangar and T-Hangar Roofs 

      Presented for City Council’s consideration is a request to approve engineering services for renovation of municipal hangar and t-hangar roofs. The city continues to utilize Anderson-Bogert Engineers & Surveyors for design and consulting services for projects at the municipal airport. The next improvement scheduled at the airport involves the renovation of the municipal hangar and t-hangar roofs. It is staff’s recommendation that the agreement with Anderson-Bogert be approved. The cost for the project is provided through 85% state funding with a 15% local cost share.

      Is there a motion to approve the request as submitted? 

    16. Request to Approve Replacement of Crane System at Papoose Lift Station 

      Presented for City Council’s consideration is a request to approve the replacement of the crane system at the Papoose Lift Station. The current system has been in place since 1964. It is mostly used to remove sand that comes into the station before it is pumped to the Water Pollution Control Plant and then distributed throughout the treatment system. Two quotes were received for the crane system. It is staff’s recommendation that two purchase orders be issued to Konecranes Inc. of Cedar Rapids, Iowa. The first, in the amount of $97,232, will be for the new crane system and the second, in the amount of $37,478, will be for the removal and replacement of the existing crane. There is $175,000 budgeted for the replacement of this equipment.

      Is there a motion to approve the request as submitted? 

    17. Request to Approve Change Order #7 for the Water Pollution Control Plant Renovation Project 

      Presented for City Council’s consideration is a request to approve Change Order #7 for the Water Pollution Control Plant Renovation Project. There are a total of six modifications included with this change order for a total cost of $32,814. Most of the changes are related to the new SCADA system and getting feedback to the Operations Center to possibly eliminate 24/7 staffing of the plant. It is staff’s recommendation this change order be approved.

      Is there a motion to approve the request as submitted? 

    18. Request to Approve Fire Protection Agreement for the HNI Warehouse 

      Presented for City Council’s consideration is a request to approve a fire protection agreement for the HNI Warehouse. The city currently has three agreements for fire protection service for properties located outside of the city limits. One of those properties, located at 2918 Highway 22 East, has been purchased by the HNI Corporation and they have indicated they are interested in continuing to receive city fire protection services for this property. A new agreement with HNI is required to continue this service. The calculated fee for this service for 2010/2011 is $1,412.

      Is there a motion to approve the request as submitted? 

    19. Request to Approve Pre-Annexation Agreement with Parkview Condominium Association 

      Presented for City Council’s consideration is a request to approve a pre-annexation agreement with the Parkview Condominium Association. City staff and the Association have worked together to develop a pre-annexation agreement to address issues related to the annexation. If approved, the agreement stipulates that the city will extend public sewer to two separate points intended to serve the condominium property. The Association will provide the necessary easements for the sewer extension and will, at their expense, disconnect from their private disposal system and connect all units to the city sanitary sewer. All septic systems will be taken out of service and closed in accordance with applicable rules and regulations. It is staff’s recommendation the pre-annexation agreement be approved.

      Is there a motion to approve the request as submitted?

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,587,565.91 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 

  16. ADJOURNMENT