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AGENDA
THURSDAY, JULY 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 

    1. City Council Meeting – June 16, 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-J
    * 13 – A-G
    * Bills*

    * Approval of attached Bills for Approval totaling $1,696,267.65 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Changes to the Muscatine Municipal Housing Agency Five-Year Capital Improvement Plan

      This public hearing pertains to proposed changes to the Muscatine Municipal Housing Agency Five-Year Capital Improvement Plan. Certain capital modifications and revisions have been proposed to update the MMHA’s Five-Year Capital Improvement Plan. The Department of Housing and Urban Development is recommending that public housing authorities only move money into their operating budgets that will be used for operating costs and not capital improvements. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed 2nd Street Apartments Parking Lot Improvements

      This public hearing concerns the proposed 2nd Street Apartments Parking Lot Improvements. The city has entered into a Cooperation Agreement with the United States Army Corps of Engineers for the design and construction of improvements to the Mad Creek Levee. In October 2010 the City Council approved a resolution establishing temporary and permanent easements acquired from the owners of the apartment building located at 903 E. 2nd Street. That agreement provides for the city to construct and pay for parking lot improvements needed to replace the portion of the current lot being lost as part of the levee project. 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 

    1. Request for a five-day Beer Permit for Great River Days Inc. at Riverside Park from July 26-31, 2011 

    2. Request for an Outdoor Service Permit to extend patio area for Missipi Brewing Co., 107 Iowa Avenue on August 19-21, 2011 and September 16-18, 2011 

    3. Request for renewal of a Class C Liquor License and Sunday Sales Permit for Applebee’s Neighborhood Grill & Bar, 306 Cleveland Street – Apple Corps LP (pending inspections) 

    4. Request for renewal of a Class B Beer and Sunday Sales Permit for Happy Joe’s Pizza & Ice Cream Parlor, 927 Grandview Avenue – Max Brewer Corporation (pending inspections) 

    5. Request for renewal of a Class C Beer and Sunday Sales Permit for Hyink’s Service, 1206 E. 2nd Street – Hyink’s Service Inc. (pending inspections) 

    6. Request for renewal of a Class C Beer and Sunday Sales Permit for Babe’s Sinclair, 2307 Lucas Street – Rodney Yocom (pending inspections) 

    7. Request for renewal of a Class C Beer and Sunday Sales Permit for Express Mart, 4804 Grandview Avenue – E-Mart Inc. (pending inspections) 

    8. Request for renewal of a Class C Beer and Sunday Sales Permit for Casey’s General Store #2906, 3509 Steamboat Way – Casey’s Marketing Co. (pending inspections) 

    9. Request for renewal of a Class WBN Native Wine and Sunday Sales Permit for The Flower Gallery, 131 E. 2nd Street – Karen Diercks (pending inspections) 

    10. Request for a Cigarette/Tobacco Permit for Hyink’s Service Inc. at 1206 E. 2nd Street 

    11. Request from Downtown Action Alliance for Use of City Property for Sidewalk Sale 

      Presented for City Council’s consideration is a request from the Downtown Action Alliance for the use of city property for a downtown sidewalk sale on Saturday, July 30, 2011, from 9 a.m. to 6 p.m. It is being requested 2nd Street be closed from Walnut Street to Pine Street for this activity. This event is being held in conjunction with Great River Days.

      Is there a motion to approve the request as submitted? 

    12. Request for Use of City Property for 1st Annual Back to School Chill & Grill/Taste of Muscatine 

      Presented for City Council’s consideration is a request from Phoenice Mason to hold the 1st Annual Back to School Chill & Grill/Taste of Muscatine on September 9-10, 2011. The event would require the closure of 2nd Street from Iowa Avenue to Pine Street. The times requested for closure are 5 p.m. to midnight on September 9, 2011 and from 10:30 a.m. to midnight on September 10, 2011.

      Is there a motion to approve the request as submitted? 

    13. Request to Approve Use of City Property for MDA Boot Drive 

      Presented for City Council’s consideration is a request from Muscatine Association of Firefighters Local 608 for use of city property for the 20th Annual Muscular Dystrophy’s “Fill the Boot” fundraiser to be held August 10-12, 2011. As in the past, locations will be at the intersections of 8th and Cedar streets and Lake Park Boulevard and Park Avenue. Times will be 10 a.m. to 1 p.m. and 4 to 7 p.m. Rain dates have been set for August 19 and 26, 2011. This activity is conducted by off-duty firefighters, and MDA provides the liability insurance.

      Is there a motion to approve the request as submitted? 

  9. FROM THE MAYOR 

    1. Request to Approve the Reappointment of Ramiro Vazquez to the Historic Preservation Commission and Appointment of Stacy Lewis to the Airport Advisory Commission

      Is there a motion to approve the request as submitted? 

  10. FROM THE PLANNING AND ZONING COMMISSION 

    1. Resolution Setting Public Hearing on Proposed Zoning Change Within the City of Muscatine 

      Presented for City Council’s consideration is a resolution setting a public hearing on a proposed zoning change within the City of Muscatine. On September 6, 2007 City Council granted the State of Iowa a long-term lease of 17.276 acres of real estate located on the southeast portion of the municipal airport for the construction of a joint readiness facility for the Army Reserves and Iowa National Guard. As part of the lease agreement, an exchange was made for the current National Guard Armory property located at 1421 Park Avenue. The existing building and property at this location is zoned R-3 (Single Family Residential). In order for the city to promote the highest development for this property, a zoning change is being requested to C-1 (Neighborhood and General Commercial). The Planning and Zoning Commission has unanimously approved the zoning change. Prior to any formal action by City Council, a public hearing is required. This hearing will be held Thursday, July 21, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    2. Resolution Setting Public Hearing to Consider the Vacation of an Alley Right-of-Way Remnant Within the City of Muscatine 

      Presented for City Council’s consideration is a resolution setting a public hearing to consider the vacation of an alley right-of-way remnant within the City of Muscatine. A request has been submitted on behalf of the T.L.W. Corporation to vacate, sell and transfer an alley remnant located adjacent to the property they own that is generally bounded by Main, Pearl, Liberty, and Mill streets. The corporation owns all of the real estate including the remainder of the vacated alley right-of-way. They are now requesting that the remaining alley right-of-way be vacated, sold and transferred to them for future use. The Planning & Zoning Commission approved the request as submitted. Prior to any formal action by City Council, a public hearing is required. This hearing will be held on Thursday, July 21, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

  11. FROM THE CITY ADMINISTRATOR 

    1. Second Reading of an Ordinance Amending Title 1, Chapter 4 of the City Code Pertaining to Precinct and Ward Boundaries 

      Presented for City Council’s consideration is the second reading of an ordinance amending Title 1, Chapter 4 of the City Code pertaining to precinct and ward boundaries. State law requires that upon release of the new decennial census information that ward boundaries be adjusted by September 1, 2011 to ensure they comply with the standards contained in the state law. Based on the 2010 census population of 22,886, each ward must have a population as close to 4,577 as possible.

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

    2. Resolution Approving Changes to the Muscatine Municipal Housing Agency Five-Year Plan (2010-2014) 

      Presented for City Council’s consideration is a resolution approving changes to the Muscatine Municipal Housing Agency Five-Year Plan (2010-2014). Certain capital modifications and revisions have been proposed to update the MMHA’s Five-Year Capital Improvement Plan. The Department of Housing and Urban Development is recommending that public housing authorities only move money into their operating budgets that will be used for operating costs and not capital improvements.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Approving Plans, Specifications, Form of Contract, Cost Estimate, and Setting Bid Opening Date for the 2nd Street Apartment Parking Lot Improvement Project 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, cost estimate, and setting the bid opening date for the 2nd Street Apartment Parking Lot Improvement Project related to Phase II of the Mad Creek Levee Improvement Project. As part of the local effort, the City Council approved a resolution establishing temporary and permanent easements acquired from the owners of the apartment building located at 903 E. 2nd Street. That agreement provides for the city to construct and pay for parking lot improvements needed to replace the portion of the current lot being lost as part of the levee project.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Setting Public Hearing on Renovation of Municipal Hangar and T-Hangar Roofs at the Airport 

      Presented for City Council’s consideration is a resolution setting a public hearing on renovation of the municipal hangar and t-hangar roofs at the airport. In August 2010, the city was awarded funding by the Iowa Department of Transportation Division of Aviation for the renovation of the municipal hangar and t-hangar roofs. Total funding for the project includes $49,300 in state funding and a local match of $8,700. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, July 21, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Approving Temporary and Permanent Easements from CP Rail Related to Phase II of Mad Creek Levee Improvement Project

      This information will be made available once it is received. 

    6. Resolution Approving Purchase of Property from CP Rail Related to the Mad Creek Levee Improvement Project

      This information will be made available once it is received. 

    7. Resolution Approving Contract and Bond for the Rehabilitation of Runway Lighting at the Airport

      This information will be made available once it is received. 

    8. 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 $58,266.34. The total includes costs associated with the demolition of nuisance properties located at 1310 Orange Street and 405 VanHorne Street.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Approving Plans, Specifications, Form of Contract, Cost Estimate, and Setting the Bid Opening Date for the Cedar Street Culvert Extensions 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, cost estimate, and setting the bid opening date for the Cedar Street Culvert Extensions. The Cedar Street Renovation Project has been divided into three phases with the first phase being culvert extensions near the Wood Creek and Stonebrook subdivision entrances. This phase must be completed prior to the beginning of Phase II which will be water, electric, gas, and telephone utility relocations.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Accepting Easements for Phase I of the Cedar Street Reconstruction Project 

      Presented for City Council’s consideration is a resolution accepting temporary and permanent easements required for the completion of Phase I of the Cedar Street Reconstruction Project. In order to complete the work, 11 property easements must be acquired by the city. Negotiations to complete the easements have been conducted with the property owners and they are now being submitted for City Council’s approval.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Adjusting Sewage Rates for Private Sewer System Waste 

      Presented for City Council’s consideration is a resolution adjusting sewage rates for private sewer system waste. The Water Pollution Control Plant currently receives this waste from licensed haulers and this requires that a number of hours be spent directing the program, testing samples, and periodically pulling and repairing the pumps. Staff is recommending that fees be adjusted from the current $.01 per gallon to $.03 per gallon.

      Is there a motion to adopt the resolution as submitted? 

    12. Request from the Water Pollution Control Department to Upgrade SCADA Systems for Five Existing Lift Stations 

      Presented for City Council’s consideration is a request from the Water Pollution Control Department to upgrade SCADA systems for five existing lift stations. Two quotes were received with the low quote from ICS Healy-Ruff in the amount of $90,089. However, staff is recommending the quote from Electric Pump in the amount of $96,500 be approved because (1) all of the other stations’ SCADA components are the same as this quote; (2) there are existing spare parts; (3) stations will not have to be run manually during the changeover; (4) no extra interface modules will be required; and (5) the plant will utilize Siemens Technology which staff has already been trained to operate and use. There is $120,000 budgeted for this upgrade which includes a carryover of $30,000 from the 2010/2011 budget as well as $90,000 budgeted for 2011/2012.

      Is there a motion to approve the request as submitted? 

    13. Request Approval from Water Pollution Control Department to Repair Crane Bucket at the Papoose Lift Station 

      Presented for City Council’s consideration is a request from the Water Pollution Control Department to repair the crane bucket at the Papoose Lift Station. In April 2011 City Council took action to authorize the removal and replacement of the crane at the Papoose Lift Station. At that time, the bucket for the crane was not included as part of that project. A quote has been received from Konecranes in the amount of $12,000 to repair the existing bucket. It is staff’s recommendation a purchase order be issued to Konecranes in an amount not to exceed $12,000 for these repairs.

      Is there a motion to approve the request as submitted? 

    14. Request to Issue Purchase Order for Courtyard Lighting Poles at the Clark House 

      Presented for City Council’s consideration is a request to issue a purchase order for courtyard lighting poles at the Clark House. Existing lighting for the courtyard is aging and inefficient. Bids were solicited with the low being from VanMeter Industrial in the amount of $5,914.63. Bids for labor and installation will follow at a later date. There is $17,000 budgeted for this project.

      Is there a motion to approve the request as submitted? 

    15. Request to Approve Change Order #2 for the South End Fire Station 

      Presented for City Council’s consideration is a request to approve Change Order #2 for the South End Fire Station. This change order addresses modifications to the project over the last few months resulting in a deduction of $537.

      Is there a motion to approve the request as submitted? 

    16. Request from Police Department to Approve Purchase of Special Services Vehicle 

      Presented for City Council’s consideration is a request from the Police Department to approve the purchase of a special services vehicle. Three bids were solicited for this purchase with the low being from Karl Chevrolet in the amount of $31,165. There is $35,000 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    17. Request Approving Replacement of Police Squad Car 

      Presented for City Council’s consideration is a request to approve the replacement of a police squad car that was totaled in an accident. The city’s insurance company will pay $23,596 toward the purchase of the vehicle with the $5,000 deductible coming from the city’s Equipment Replacement Fund. The squad car will be purchased from Ed Stiver’s Ford Inc. of Waukee, Iowa, who has the state bid on the squad cars.

      Is there a motion to approve the request as submitted? 

    18. Request Authorization to Enter Into Agreement for Professional Services Related to the Musser Museum Boiler 

      Presented for City Council’s consideration is a request to enter into an agreement for professional services related to the Musser Museum boiler. The current boiler at the museum has outlived its usefulness and is not energy efficient. This boiler replacement was not budgeted for fiscal year 2011/2012; however, there are energy grants available at this time should City Council choose to move forward with the boiler replacement. A&J Associates worked with the city on the grant applications for the replacement of the city hall boiler as well as the geothermal system installed at the Public Safety Building. It is staff’s recommendation the city enter into an agreement with A&J Associates in the amount of $6,900 which will include grant application assistance as well as construction drawings, specifications, project management and other related administrative requirements if grant funding is received.

      Is there a motion to approve the request as submitted? 

    19. Request Approval of Iowa Department of Transportation Annual Agreement for Maintenance and Repair of Primary Roads in Municipalities 

      Presented for City Council’s consideration is a request to approve an Iowa Department of Transportation annual agreement for maintenance and repair of primary roads in municipalities. Annually the city enters into a roadway maintenance agreement with the IDOT for maintenance and repair to primary roads within the city limits. Tonight’s action would be a supplement to the five-year agreement approved in June 2011 and effective through June 30, 2016. The IDOT pays the city $1,050 per lane mile for the work, and the city contains 19.16 lane miles. The IDOT agrees to pay the city $20,118.

      Is there a motion to approve the request as submitted? 

    20. Request Approval of Change Orders 1-3 for the Hershey Avenue Reconstruction Project 

      Presented for City Council’s consideration is a request to approve Change Orders 1-3 for the Hershey Avenue Reconstruction Project. The contract for this project was awarded to Sulzberger Excavating in the amount of $1,078,751.93 with $381,000 funded via the Surface Transportation Program. Change Order #1 will result in a net increase of $5,389, Change Order #2 an increase of $55,186.25, and Change Order #3 a deduction of approximately $15,369.25.

      Is there a motion to approve the request as submitted? 

    21. Request to Approve Purchase of Mini-Excavator for the Cemetery 

      Presented for City Council’s consideration is a request to approve the purchase of a mini-excavator for the cemetery. This piece of equipment will replace an aged and damaged small backhoe used to dig grave spaces and perform maintenance functions throughout the park system and will be used as a trade-in for the new unit. Three bids were received with the low bid from Bobcat of the Quad Cities in the amount of $38,783.30. There is $43,900 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    22. Request to Approve Purchase of Skid Steer for the Park Maintenance Division 

      Presented for City Council’s consideration is a request to approve the purchase of a skid steer for the Park Maintenance Division. The new equipment will replace an aged unit that is used department-wide and will be used as a trade-in for the new unit. Three bids were received with the low bid from Bobcat of the Quad Cities in the amount of $45,067.67. There is $40,000 budgeted for this purchase. The overage for this piece of equipment can be offset by the savings realized in the purchase of the mini-excavator for the cemetery. Both of these purchases are from the city’s Equipment Replacement Fund

      Is there a motion to approve the request as submitted? 

    23. Request to Approve 2009 Community Development Block Grant Extension 

      Presented for City Council’s consideration is a request to approve the extension of the 2009 Community Development Block Grant. This program was originally scheduled to expire on June 30, 2011; however, one project will take longer to complete. A letter was sent to the Iowa Department of Economic Development in June requesting a three-month extension. The IDED has approved the request and the expiration date has been set for September 30, 2011.

      Is there a motion to approve the request as submitted? 

    24. Request to Approve Master Agreement with Canadian Pacific 

      Presented for City Council’s consideration is a request to approve a master agreement between the city and the Dakota Minnesota & Eastern Railroad Corporation d/b/a Canadian Pacific covering the railroad corporation work required for the new railroad closure structure and raising of the existing system of levees as part of the Mad Creek Local Floodwall Protection Project Phase II. The property covers the area between Mad Creek at the 2nd Street bridge and continues to the new railroad gate closure 550’ south of Washington Street.

      Is there a motion to approve the request as submitted?
  12. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors – June 6, 13 & 20, 2011 

    2. Art Center Board of Trustees – May 18, 2011 

    3. Historic Preservation Commission – May 18, 2011 

    4. MPW Minutes – May 31, 2011 

    5. City of Muscatine Financial Reports – May 2011 

    6. MP&W Operating Statements for Communications, Electric, and Water Utilities – May 2011 

    7. Muscatine Fire Department NFPA – March and April 2011 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,696,267.65 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 go into Closed Session to discuss pending litigation and property purchase 

  16.  ADJOURNMENT