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AGENDA
THURSDAY, JULY 21, 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 – July 7, 2011 

    2. In-Depth Council Meeting – July 14, 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
    * 13 – A-B
    * Bills*

    * Approval of attached Bills for Approval totaling $2,374,888.91 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Zoning Change Within the City of Muscatine Pertaining to National Guard Armory Property at 1421 Park Avenue

      This public hearing concerns a proposed zoning change within the City of Muscatine pertaining to the National Guard Armory property at 1421 Park Avenue. 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 recommended approval of the zoning change. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Vacation of an Alley Right-of-Way Remnant

      This public hearing concerns the proposed vacation of an alley right-of-way remnant. 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 is recommending approval of the request as submitted. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed Renovation of Municipal Hangar and T-Hangar Roofs at the Airport

      This public hearing concerns the proposed renovation of the municipal hangar and t-hangar roofs at the municipal 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.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

    1. Request for Outdoor Service Area from Pete’s Tap, 1820 Angle, on August 6, 2011 

    2. Request from Pete’s Tap, 1820 Angle Street, for Use of City Property for Catfish Contest/Fish Fry 

      Presented for City Council’s consideration is a request from Pete’s Tap, 1820 Angle Street, for the use of city property for a catfish contest/fish fry on Saturday, August 6, 2011, from noon to 2 a.m. The event will be held in the city-owned property 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? 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Final 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 final 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 adopt on final reading the ordinance as submitted and direct for its publication as required by law? 

    2. First Reading of an Ordinance Changing Zoning Designation for National Guard Armory Property at 1421 Park Avenue 

      Presented for City Council’s consideration is the first reading of an ordinance changing the zoning designation for the National Guard Armory property at 1421 Park Avenue. 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 recommended the approval of the zoning change.

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

    3. First Reading of an Ordinance Vacating an Alley Right-of-Way Remnant 

      Presented for City Council’s consideration is the first reading of an ordinance vacating an alley right-of-way remnant. 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 is recommending the approval of the request as submitted.

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

    4. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate, and Establishing a Bid Opening Date for Renovation of the Municipal Hangar and T-Hangar Roofs at the Airport 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, cost estimate, and establishing a bid opening date for 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.

      Is there a motion to adopt the resolution as submitted? 

    5. Resolution Accepting Completed Work for a Community Development Block Grant Housing Rehabilitation Project at 305 Pond Street and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for a Community Development Block Grant Housing Rehabilitation Project at 305 Pond Street and authorizing final payment. In March 2011 City Council awarded the contract for the rehabilitation work at 305 Pond Street to Daniels Construction in the amount of $29,835. There was one change order in the amount of $3,100 bringing the final contract amount to $32,935. This project represents the seventh and final project under the 2009 CDBG Housing Rehabilitation Program. It is staff’s recommendation the work be accepted and final payment made to the contractor.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Accepting Temporary and Permanent Easements for Phase II of the Mad Creek Levee Improvement Project 

      Presented for City Council’s consideration is a resolution accepting temporary and permanent easements for Phase II of the Mad Creek Levee Improvement Project. Acceptance of the temporary and permanent easements from the Dakota, Minnesota and Eastern Railroad Corporation d/b/a Canadian Pacific Railroad will complete the process of acquiring temporary and permanent easements for the project. Costs associated with the temporary and permanent easements will be credited to the city’s obligation toward the project.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Approving Purchase of Property from the Dakota, Minnesota and Eastern Railroad Corporation d/b/a Canadian Pacific Railroad Related to the Mad Creek Levee Improvement Project 

      Presented for City Council’s consideration is a resolution approving the purchase of property from the Dakota, Minnesota and Eastern Railroad Corporation d/b/a Canadian Pacific Railroad related to the Mad Creek Levee Improvement Project. The cost associated with this effort is credited as part of the city’s obligation toward the project. It is staff’s recommendation that City Council approve the Purchase and Sale Agreement with the Dakota, Minnesota and Eastern Railroad Corporation d/b/a Canadian Pacific Railroad for Phase II of the Mad Creek Levee Improvement Project.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Approving Grant Agreement for Improvements at the Municipal Airport 

      Presented for City Council’s consideration is a resolution approving a grant agreement for improvements at the municipal airport. On July 12, 2011, the city was notified that funding had been approved for the installation of a security gate, camera, and fencing at the south end of the newly constructed hangar access road and to improve apron drainage around the t-hangars. This grant will fund $85,000 of the project costs with the local share of $15,000 included in the city’s next bond issue in the spring of 2012. It is staff’s recommendation that City Council take action to approve the grant agreement with the State Department of Transportation for the funding to be awarded.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Approving Plans, Specifications, Form of Contract, and Cost Estimate for the Heatherlynn Sewer Project 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, and cost estimate for the Heatherlynn Sewer Project. As part of the annexation agreement with the City of Muscatine, sanitary sewer will be provided to the Parkview Condominiums on Colorado Street. The condominiums are currently on a failing septic system, and connection to the proposed sewer project will be the responsibility of the property owners. It is staff’s recommendation that City Council approve the plans, specifications, form of contract, and cost estimate for the project.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Approving Changes to the Muscatine Municipal Housing Agency’s Five-Year Plan and Accepting a Capital Funds Grant 

      Presented for City Council’s consideration is a resolution approving changes to the Muscatine Municipal Housing Agency’s Five-Year Plan and accepting a capital funds grant. On July 13, 2011 the city was informed by the Department of Housing and Urban Development that it had been awarded $171,006 in capital funds for federal fiscal year 2011. This is a reduction of $58,994 from the original projection which necessitates modifications and reductions to the MMHA Five-Year Plan. It is staff’s recommendation that City Council approve the modifications to the five-year plan and accept the HUD awarded of $171,006.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Setting a Public Hearing on the Sale of City Property 

      Presented for City Council’s consideration is a resolution setting a public hearing for the sale of city property at 2210 Wallace Street. At this time, one house remains unsold of the scattered site houses that were constructed in the 1990s. It has been utilized as a rental property by the Muscatine Municipal Housing Agency. The current occupant, who has resided in this home for many years, is now qualified to purchase this home through the city’s home ownership program. Prior to the property being sold, a public hearing is required. This public hearing will be held on Thursday, August 4, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    12. Resolution Accepting Low Bid for Replacing Fence at Sunset Park 

      Presented for City Council’s consideration is a resolution accepting the low bid for the replacement of the fence at Sunset Park. Three bids were received with the low bid from Sampson Fence of Davenport in the amount of $18,940. There is $23,000 budgeted for this activity.

      Is there a motion to adopt the resolution as submitted? 

    13. Request Approval to Declare Items as Surplus 

      Presented for City Council’s consideration is a request to approve the declaration of vehicles and equipment as surplus property. Staff is requesting that the vehicles and equipment on the list submitted to City Council be declared as surplus so they can be placed on the Public Surplus online auction service. The city’s experience with Public Surplus has been very favorable.

      Is there a motion to approve the request as submitted? 

    14. Request Approval to Issue Purchase Order for Installation of Monitoring Wells at the Landfill 

      Presented for City Council’s consideration is a request to approve the issuance of a purchase order for the installation of monitoring wells at the landfill. In 2010 the Muscatine County Landfill was notified that three of its wells have exceeded the limit of Volatile Organic Compounds that are reported during the well testing. These three wells need to have additional wells placed near them to determine if there are any plumes of the VOC’s outside of the original wells. Two bids were received with the low bid from Cahoy Well and Pump Service of Fredericksburg, Iowa, in the amount of $5,795. There is $25,000 in the operating budget for this type of activity.

      Is there a motion to approve the request as submitted? 

    15. Request Approval of an Agreement for the Mad Creek Levee Certification 

      Presented for City Council’s consideration is a request to approve an agreement for the Mad Creek Levee Certification. As part of the national flood insurance program administered through FEMA, certification of the Mad Creek Levee is required. The city solicited cost proposals from two firms with Klingner & Associates of Burlington, Iowa, submitting the lowest proposal of $21,500. The certification will be performed concurrent with the Mad Creek Phase II levee construction scheduled to begin this fall and to be completed by fall 2012 which meets the deadline period. Fees for the certification will be paid from the levee levy. It is staff’s recommendation the city enter into a contract with Klingner & Associates to perform the necessary work for the Mad Creek Levee Certification.

      Is there a motion to approve the request as submitted? 

    16. Request Approval to Issue Purchase Order for the 2011 Joint Sealing Program 

      Presented for City Council’s consideration is a request to issue a purchase order for the 2011 Joint Sealing Program. As part of the city’s comprehensive roadway maintenance operation, the periodic sealing of cracks and joints in the city’s streets is necessary. Bids were solicited with only one received from Illowa Investment Inc. in the amount of $243,860.85. The city has $100,000 budgeted for this work; therefore, staff is working with representatives of Illowa to reduce the amount of work to be completed to an amount not to exceed the $100,000 allocation. It is staff’s recommendation that a purchase order be issued to Illowa Investment Inc. in an amount not to exceed $100,000.

      Is there a motion to approve the request as submitted? 

    17. Request Approval to Purchase New Speed Trailer for Police Department 

      Presented for City Council’s consideration is a request to approve the purchase of a new speed trailer for the Police Department. The current trailer is over 15 years old and in need of replacement. Two quotes were received with the low quote from MPH Industries in the amount of $8,068. There is $8,100 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    18. Request Approval to Replace Squad Car 

      Presented for City Council’s consideration is a request to approve the replacement of a squad car for the Police Department. In May 2011 a squad car was involved in a collision and was totaled. Staff is requesting approval to purchase a replacement squad car from Ed Stiver’s Ford Inc. of Waukee, Iowa, in the amount of $23,596. The insurance will cover $18,258 which is the policy limit. The $5,000 deductible and the remaining $338 will be funded from the Equipment Replacement Fund.

      Is there a motion to approve the request as submitted? 

    19. Request Approval of Change Order #2 for the Police Radio System 

      Presented for City Council’s consideration is a request to approve Change Order #2 for the Police Department’s radio system. In August 2010, City Council authorized the purchase of a new radio system from Communications Engineering Company in the amount of $111,013.97. In January 2011, Change Order #1 was approved in the amount of $13,069.47 for enhancements to the radio system. Change Order #2 in the amount of $4,683.75 would allow for the purchase of five Whelen Cencom remote siren controls to outfit the remaining squad cars with the necessary equipment to be compatible with the new radio system. The total cost for the radio system to date is $128,767.19. There was $150,000 budgeted for the radio system and this amount was included in the June 2010 bond issue.

      Is there a motion to approve the request as submitted? 

    20. Request Approval of Change Order #4 for the Hershey Avenue Reconstruction Project 

      Presented for City Council’s consideration is a request to approve Change Order #4 for the Hershey Avenue Reconstruction Project. The reconstruction work for this project is approximately 50% complete. Storm sewer construction work has resulted in the need to replace pavement from Charles Street to east of Pond Street with a concrete surface. The actual change order amount of $50,772 does not account for quantity reductions to other items for this change. The net increase in cost is approximately $9,027.

      Is there a motion to approve the request as submitted? 

    21. Request Approval of Contract with Terracon for the Hershey Avenue Reconstruction Project 

      Presented for City Council’s consideration is a request to approve a contract with Terracon for the Hershey Avenue Reconstruction Project. The project includes Portland Cement Concrete (PCC) patches of the existing pavement, the addition of PCC curb and gutter and sidewalk and hot mix asphalt overlay. Because federal funds are involved, Iowa Department of Transportation standards require individuals that are state certified perform the concrete and asphalt testing. Terracon has submitted a proposal in an amount not to exceed $10,000 to perform grade testing of the PCC, plant monitoring services for the Ready Mix Concrete Plant, grade observation of HMA pavement, and plant monitoring services for the HMA Plant. The city has worked with Terracon on past projects with excellent results. It is staff’s recommendation that a purchase order be issued to Terracon in an amount not to exceed $10,000.

      Is there a motion to approve the request as submitted? 

    22. Request to Approve Agreement with Louisa County Solid Waste Management Agency for Household Hazardous Waste Services 

      Presented for City Council’s consideration is a request to approve an agreement with the Louisa County Solid Waste Management Agency for household hazardous waste services. Previously the city had entered into an agreement to provide services for the proper handling and disposal of household hazardous materials for Louisa County residents. This will extend the current agreement for another year from August 1, 2011 through July 31, 2012.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors – June 27 & 30, 2011 

    2. Planning & Zoning Commission – April 12, 2011 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $2,374,888.91 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