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AGENDA
THURSDAY, APRIL 5, 2012
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL



  1. 1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

    1. Swearing in of Police Officers Andrew Fry and Minnat Patel

      At this time Police Officers Fry and Patel will be sworn in by Mayor Hopkins. 

    2. Presentation of the Biosolids of the Year Award to Mayor Hopkins

      At this time Jay Brady, past president of the IAWEA will present the award to the Mayor. 

  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.

    * Approval of City Council Minutes

    • March 15, 2012 Regular Meeting

    * Petitions and Communications

    • Request for renewal of a Class “B” Beer and Sunday Sales Permit for Pizza Ranch Muscatine, 106 Ford Avenue – Psychodog Enterprises Inc. (pending inspections)

    • Request for renewal of a Class “A” Liquor License and Sunday Sales Permit for Muscatine Lodge No. 388, 207 Lake Park Blvd. – Muscatine Lodge #388 (pending inspections)

    • Request for renewal of a Class “E” Liquor License and Sunday Sales Permit for Hy-Vee Food Store, 2400 – 2nd Avenue – Hy-Vee, Inc. (pending inspections)

    • Request for renewal of a Class “A” Liquor License and Sunday Sales Permit for American Legion Club, 110 Houser Street – Edward H. Bitzer Post No. 27 of the American Legion Club

    • Request for Outdoor Service Permit for El Allende, 1107 Grandview Avenue – El Allende, Inc.

    • Request for Outdoor Service Permit for Elm Tree Dining and Lounge, 2108 Grandview Avenue – Elm Tree Dining and Lounge LLC

    • Request to Approve Use of City Property for the 4th of July Parade

    Presented for City Council’s consideration is a request from the Greater Muscatine Chamber of Commerce & Industry for the use of city property for the 4th of July Parade. Lineup for the parade, which is expected to last approximately two hours, will begin at 3 p.m. 

    • Request to Approve Use of City Property for the 4th of July Fireworks and the Muscatine Symphony Orchestra Performance

    Presented for City Council’s consideration is a request from the Greater Muscatine Chamber of Commerce & Industry for the use of the riverfront for the 4th of July Fireworks and Muscatine Symphony Orchestra performance. Usage of the riverfront will be from 3 p.m. to 10 p.m. A rain date has been scheduled for July 5, 2012.

    • Request to Approve Use of City Property for the American Heart Association Walk/Run

    Presented for City Council’s consideration is a request from the American Heart Association for a Walk/Run. The event will take place on June 2, 2012 from 8 to 10 a.m. The event will begin at 1357 Isett Avenue and head north to Lake Park Boulevard to the Greenbelt path. Participants will go to the end of the Greenbelt, return to Lake Park Boulevard, and then turn left on Isett Avenue ending at 1357 Isett Avenue.

    • Request to Approve Use of City Property for the Eliza Lions Club Antique Tractor Ride

    Presented for City Council’s consideration is a request from the Eliza, Illinois, Lions Club for the use of city property for antique tractor rides. The event will take place on July 21, 2012 from 11 a.m. to 1 p.m. Tractor rides will begin at the Muscatine Agricultural Learning Center and will travel from Lucas to Houser, Houser to Hershey and from Hershey to the Highway 92 Bridge and then return back to the learning center.

    * From the Mayor

    • Proclamations Declaring April 27, 2012 as “Arbor Day”, April 30, 2012 to May 6, 2012 as “Plug Into Your Family Week”, April 22, 2012 as “Earth Day”, and April 2012 as “Child Abuse Prevention Month”

    * Communications Receive and File

    • Muscatine County Board of Supervisors – March 5, 12, 14 & 19, 2012

    • Zoning Board of Adjustment – January 3, 2012

    • Historic Preservation Commission – January 18, 2012 

    * Bills*

    * Approval of attached Bills for Approval totaling $1,693,122.64 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Muscatine Municipal Housing Agency Annual Public Hearing

      This public hearing concerns the Muscatine Municipal Housing Agency’s Plan. Certain capital modifications and revisions have been proposed to update the MMHA’s Plan. Section 2702 of the Housing and Economic Recovery Action of 2008 requires that a public hearing be conducted annually to discuss any changes to the goals, objectives and policies of the agency.

      Now is the time for the public to comment. 

    2. Proposed Voluntary Annexation of Municipal Airport Property

      This public hearing concerns the proposed voluntary annexation of municipal airport property. Over the past several years additional acreage was acquired by the City of Muscatine and added to the airport property as part of the Federal Aviation Administration’s building restriction line program. Approximately 47 acres of this area is located outside, but adjacent to, the corporate limit line. Staff has initiated the annexation of this property located in two distinct locations at the airport. This annexation would bring the entire airport within the city’s corporate limit line. The Planning & Zoning Commission has reviewed the request and is recommending City Council take action to approve the voluntary annexation of this property. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed Voluntary Annexation of Property Relating to the R.L. Fridley Theatres Development Project

      This public hearing concerns the proposed voluntary annexation of property relating to the R.L. Fridley Theatres Development Project. R.L. Fridley Theatres Inc. is requesting the voluntary annexation of a 2.8 acre site located in the vicinity of the Mulberry Avenue/U.S. 61 Bypass intersection. This acreage is the unincorporated portion of a larger parcel which the applicant has previously requested be rezoned from R-1 Residential to S-3 Large Scale Mixed Use to allow for the construction of a proposed theatre complex. The Planning & Zoning Commission has reviewed this request and is recommending City Council approve this rezoning request. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    4. Proposed Voluntary Annexation of Parkview Condominiums, Irish Ivy Subdivision, and Municipally Owned Property

      This public hearing concerns the proposed voluntary annexation of the Parkview Condominiums, Irish Ivy Subdivision, and municipally owned property. The Parkview Condominium Association and the Irish Ivy Subdivision have signed voluntary annexation agreements with the City of Muscatine. The city has extended sanitary sewer to serve the areas as was required in the voluntary annexation agreements. Additionally, the annexation of a 1.8 acre city owned parcel located directly south containing a multi-use trail is also being proposed. The Planning & Zoning Commission has reviewed the request and is recommending City Council take action to approve the voluntary annexation of these properties. 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 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

    1. Resolution Approving the Final Plat for the Fridley Subdivision 

      Presented for City Council’s consideration is a resolution approving the final plat for the Fridley Subdivision. R.L. Fridley Theatres Inc. has filed a request to subdivide a 17.839 acre parcel of property into six buildable lots and one out lot intended to be developed for storm water retention. If approved, the owner intends to develop Lot 1 as a multiplex theatre complex. The remaining five lots will be marketed for commercial development. The Planning & Zoning Commission has reviewed this request and recommends its approval.

      Is there a motion to adopt the resolution as submitted? 

  11. FROM THE CITY ADMINISTRATOR 

    1. Second Reading of an Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2012 Addition to the Consolidated Urban Renewal Area as It Relates to the R.L. Fridley Theatres Development Project 

      Presented for City Council’s consideration is the second reading of an ordinance providing for the division of taxes levied on taxable property in the 2012 Addition to the Consolidated Urban Renewal Area as it relates to the R.L. Fridley Theatres Development Project. Certain real property situated in the Consolidated Muscatine Urban Renewal Area was designated as a “tax increment district”. The city is now interested in increasing the size of the “tax increment district” by adding additional property that is related to the abovementioned development project.

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

    2. Second Reading of an Ordinance Amending Title 2 Boards and Commissions, Chapter 19 Board of Water, Electric and Communications Trustees, Section 5 Trustee Requirements 

      Presented for City Council’s consideration is the second reading of an ordinance amending Title 2 Boards and Commissions, Chapter 19 Board of Water, Electric and Communications Trustees, Section 5 Trustee Requirements. Muscatine Power & Water has requested that City Council amend the ordinance to reflect their service areas, which include water and electric, rather than just the city limits when considering members for the Board of Water, Electric and Communication Trustees. The proposed ordinance reflects this change along with the requirement that only one resident residing outside the city limits can be appointed to the Board.

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

    3. Second Reading of an Ordinance Amending Title 1 Administrative, Chapter 6 Mayor and City Council, Section 7 Qualifications of the Mayor and Council Members 

      Presented for City Council’s consideration is the second reading of an ordinance amending Title 1 Administrative, Chapter 6 Mayor and City Council, Section 7 Qualifications of the Mayor and City Council Members. The purpose of this proposed ordinance is to clarify the residency requirements of the Mayor and Council members.

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

    4. Final Reading of an Ordinance on a Proposed Zoning Change Within the City of Muscatine as it Relates to the R.L. Fridley Theatres Development Project 

      Presented for City Council’s consideration is the final reading of an ordinance on a proposed rezoning request within the City of Muscatine. A request has been received from R.L. Fridley Theatres Inc. to rezone a 15.029 acre area located at the southwest corner of the Mulberry Avenue/U.S. 61 Bypass intersection from R-1 Residential to S-3 Mixed Use.

      Is there a motion to adopt the ordinance on final reading and direct for its publication as required by law? 

    5. Resolution Approving the Voluntary Annexation of Municipal Airport Property 

      Is there a motion to adopt the resolution approving the voluntary annexation of municipal airport property? 

    6. Resolution Approving the Voluntary Annexation of Property Relating to the R.L. Fridley Theatres Development Project 

      Is there a motion to adopt the resolution approving the voluntary annexation of property relating to the R.L. Fridley Theatres Development Project? 

    7. Resolution Approving the Voluntary Annexation of Parkview Condominiums, Irish Ivy Subdivision, and Municipally Owned Property 

      Is there a motion to adopt the resolution approving the voluntary annexation of the Parkview Condominiums, Irish Ivy Subdivision, and municipally owned property? 

    8. Resolution Setting Public Hearing on the Plans, Specifications, Form of Contract, Cost Estimate, and Setting the Bid Opening Date for the Municipal Airport Improvement Project Identified as “Rehabilitate Airfield Pavements” 

      Presented for City Council’s consideration is a resolution setting a public hearing on the plans, specifications, form of contract, cost estimate and setting the date for receipt of bids for the project identified as “Rehabilitate Airfield Pavements” at the Municipal Airport. The project will involve the repair of joint seal damage, corner spalling, joint spalling, holes, linear cracking, durability cracking, scaling, and failed patching. Repair techniques will include joint cleaning and sealing, crack routing and sealing, partial depth PC concrete patching, and full depth PC patching. The engineer’s estimate for this project is $121,000. If approved, the project will receive 90% federal funding with a 10% local share. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, April 19, 2012, at 7:00 p.m.

      Is there a motion to adopt the resolution as submitted?

    9. Resolution Setting Public Hearing on the Sale of the Former National Guard Armory Property at 1421 Park Avenue 

      Presented for City Council’s consideration is a resolution setting a public hearing on the sale of the former National Guard Armory property at 1421 Park Avenue. The sale of this property will take place as a closed bid auction on April 11, 2012. Prior to authorizing the sale of the property, a public hearing is required. This hearing will take place on Thursday, April 19, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Setting Public Hearing on Proposed Development Agreement with R.L. Fridley Theatres Inc. 

      Presented for city Council’s consideration is a resolution setting a public hearing on a proposed Development Agreement with R.L. Fridley Theatres Inc. This agreement pertains to the development of a commercial movie theatre complex and of adjacent out lots, which provides for certain financial incentives in the form of property tax payments. The agreement to make incremental property tax payments will not be a general obligation of the city but will be payable solely and only from incremental property tax revenues generated within the Consolidated Muscatine Urban Renewal Area. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, April 19, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Setting Public Hearing to Enter Into a General Obligation Refunding Loan Agreement 

      Presented for City Council’s consideration is a resolution setting a public hearing to enter into a general obligation refunding loan agreement and borrowing money in a principal amount not to exceed $230,000. City Council previously took action to approve the $4.5 million bond issue to be dated June 1, 2012. The city’s financial consultant completed an analysis of the city’s outstanding bond issues to determine if there would be financial benefits for refunding any of the current debt. Only the 2003 bond issue is currently callable with one payment remaining after the current year’s payment. The final payment is due June 1, 2013 with a principal amount of $215,000 and interest during the 2012/2013 fiscal year of $6,450. Staff is proposing City Council take action to call the final year of the 2003 issue and incorporate this action into the upcoming bond issue. This action would result in a savings of approximately $4,800 in interest costs to the city. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, April 19, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    12. Resolution Setting Public Hearing for the Harrison Street Construction Project 

      Presented for City Council’s consideration is a resolution setting a public hearing for the Harrison Street Construction Project. Harrison Street from Park Avenue to Bandag Drive has been identified as a street infrastructure improvement. The proposed roadway would provide a detour during Colorado Street construction scheduled to take place in 2013. The estimated construction costs are approximately $400,000 with additional costs for design, inspection, easement survey, permits, and administration. It is anticipated construction would be completed in 2012. Prior to any formal action by City Council, a public hearing is required. This public hearing will take place on Thursday, April 19, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    13. Resolution Setting Public Hearing for the Cedar Street Utility Project 

      Presented for City Council’s consideration is a resolution setting a public hearing for the Cedar Street Utility Project. This project has been divided into three phases. Phase I is nearing completion. Phase II, which will take place in 2012, will be water, electric, gas, and telephone utility relocations. The final phase, which will be paving reconstruction and grading from Parham to Houser, will take place in 2013. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, April 19, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    14. Resolution Awarding a Contract for the City Hall Boiler Project 

      Presented for City Council’s consideration is a resolution awarding a contract for the City Hall Boiler Project. Three bids were received for this project with the low bid from J.L. Brady in the amount of $122,279. This project will be funded from prior year TIF bond proceeds and the Energy Efficiency and Conservation Block Grant in the amount of $21,500.

      Is there a motion to adopt the resolution as submitted? 

    15. Resolution Authorizing the Submission of a Grant Application to the Iowa Department Transportation for the All Town Sign Replacement Program 

      Presented for City Council’s consideration is a resolution authorizing the submission of a grant application to the Iowa Department of Transportation for the All Town Sign Replacement Program. The federal government is mandating that regulatory and warning signs be converted to new retroreflectivity requirements by January 2015. The IDOT’s program will provide $5,000 worth of sign and post material to assist in meeting the federal mandate. The city is responsible for submitting a list of those regulatory and warning signs that do not meet the retroreflectivity requirements. Once the materials have been received, the city has 180 days to install the new signs and 30 days afterwards to report this to the IDOT.

      Is there a motion to adopt the resolution as submitted? 

    16. Resolution Authorizing a Mortgage Release for 312 Gilbert Street 

      Presented for City Council’s consideration is a resolution releasing a real estate mortgage under the 2006 CDBG Housing Rehabilitation Program for 312 Gilbert Street. The property owner received the maximum $24,999 in funding assistance through a five-year forgivable loan. The project was completed on March 28, 2007 and since that time, 20% of the loan has been forgiven annually with the final amount forgiven on March 28, 2012. This is the fourth of 12 mortgages that are expected to be released under the 2006 program.

      Is there a motion to adopt the resolution as submitted? 

    17. Resolution Authorizing a Mortgage Release for 111 Clinton Street 

      Presented for City Council’s consideration is a resolution authorizing a mortgage release for 111 Clinton Street. The property owner received the maximum $24,999 in funding assistance through a five-year forgivable loan. The project was completed on April 5, 2007 and since that time, 20% of the loan has been forgiven annually with the final amount forgiven on April 5, 2012. This is the fifth of 12 mortgages that are expected to be released under the 2006 program.

      Is there a motion to adopt the resolution as submitted? 

    18. Request Authorization to Enter Into an Agreement for Design of the Mad Creek Sewer Extension Project 

      Presented for City Council’s consideration is a request for authorization to enter into an agreement for design of the Mad Creek Sewer Extension Project. The Clearview Mobile Home Court is under a court order to modify the existing failing lagoon system to meet regulations. The city has proposed extending the Mad Creek gravity sewer from Park Avenue West to Clearview. Three bids were received for the design services with the low bid from Shoemaker-Haaland in the amount of $76,300 plus $3,800 reimbursable. These design fees will be paid by internal fund transfers. In addition, negotiations with Clearview have established appropriate and agreeable financial contributions for this project.

      Is there a motion to approve the request as submitted? 

    19. Request Authorization to Enter Into an Agreement for the Geotechnical Investigation of the Mad Creek Sewer Extension Project 

      Presented for City Council’s consideration is a request for authorization to enter into an agreement for the geotechnical investigation of the Mad Creek Sewer Extension Project. The proposed gravity sanitary sewer proposed to be constructed along Mad Creek from Park Avenue West to the Clearview Mobile Home Court requires subsurface exploration and a geotechnical support which are necessary for the engineering and construction. Request for proposals were solicited with one proposal being submitted by Team Services in the amount of $8,290. Additional borings if required would be at $275 each. It is staff’s recommendation the city enter into an agreement with Team Services for the geotechnical investigation of this project.

      Is there a motion to approve the request as submitted? 

    20. Request Authorization to Rename Harbor Drive to O’Brien Parkway 

      Presented for City Council’s consideration is a request to rename Harbor Drive to O’Brien Parkway. It is out of respect and admiration that outstanding individuals are often recognized for their contributions and efforts in making their community a better place to live. The city’s Traffic Committee has received requests from residents to consider renaming “Harbor Drive” to “O’Brien Parkway”. These requests have been reviewed and approved unanimously by the Recreation Advisory Commission and the Traffic Committee.

      Is there a motion to approve the request as submitted? 

    21. Request to Enter 28E Agreement with the State of Iowa Relating to Enforcement of the Health Inspection Program 

      Presented for City Council’s consideration is a request to enter into a 28E Agreement with the State of Iowa relating to enforcement of the health inspection program. As discussed during the 2012/2013 budget sessions, the Community Development Department is being reorganized to shift the health inspection services to an existing employee and to provide support for the additional training required by the state to keep the service at the local level. Staff has completed the required training to assure the state that the city has the capacity to enforce the health inspection program. In recognition of that effort, the state is offering a one-year agreement with the city.

      Is there a motion to approve the request as submitted? 

    22. Request to Authorize Issuance of Purchase Order for Head End Network Firewall 

      Presented for City Council’s consideration is a request to authorize the issuance of a purchase order for a new head end network firewall. Five bids were received with the low bid from Insight Public Sector in the amount of $6,964.99. There is $9,200 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    23. Request Approval to Enter Lease Agreement for New City Hall Copier 

      Presented for City Council’s consideration is a request approval to enter into a lease agreement for a new City Hall copier. Xerox representatives recently approached city staff with the option of converting the existing lease into a new five-year lease for a new machine with a savings in monthly costs. The city is currently paying $857.24 per month. Under the proposed new lease, this will decrease to $748.71 per month for an average monthly savings of $108.53 or $1,302 annually.

      Is there a motion to approve the request as submitted? 

    24. Request from Fire Department to Submit EMS Grant Application 

      Presented for City Council’s consideration is a request from the Fire Department to submit a grant application to the Muscatine Health Support Foundation for equipment to conduct cardiac enzyme testing in the field for improved cardiac patient care. The request will be for $18,949. There is no local match required.The deadline for submitting the application is April 16, 2012.

      Is there a motion to approve the request as submitted? 

    25. Request to Approve Change Order for the South End Fire Station 

      Presented for City Council’s consideration is a request to approve Change Order #5 for the South End Fire Station. The change order, which totals $4,303, is for miscellaneous items. To date the remaining 2.5% contingency fee totals $32,480.05.

      Is there a motion to approve the request as submitted?

    26. Request to Approve Rules of City Council 

      Is there a motion to approve the Rules of City Council as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,693,122.64 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