View Other Items in this Archive | View All Archives | Printable Version

AGENDA
THURSDAY, SEPTEMBER 20, 2012
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL



  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

  5. 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 so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.


    * Items 6A-B - Approval of City Council Minutes 

    A. September 6, 2012 City Council Minutes 

    B. September 13, 2012 In-Depth Minutes 


    * Items 8A-F - Petitions and Communications 

    A. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit and Sunday Sales for Aldi, Inc. #05, 3200 Northport Drive – Aldi, Inc. (pending inspections) 

    B. Request for renewal of a Class “B” Native Wine Permit for Flowers on the Avenue, 1138 East 9th Street – Flowers on the Avenue (pending inspections)

    C. Request for adding Sunday Sales of a Special Class “C” Liquor License for Salvatores, 313 E 2nd Street - Salvatore Vitale’s Italian Restaurant, LLC (pending inspections)

    D. Request on first reading for a new Class “C” Liquor License, Catering Privilege and Sunday Sales for The Pearl Ballroom, 101 West Mississippi Drive – Laura Juszczyk (pending inspections and insurance)

    E. Request from Muscatine High School for the Use of City Property for the 2012 Homecoming Parade

    Presented for City Council’s consideration is a request from the Muscatine High School Student Council for the use of city property for the 2012 Homecoming Parade. The parade will take place on Thursday, September 27, 2012, beginning at 6 p.m. at Grant Elementary School, turning right onto Mulberry Avenue and ending at the high school.

    F. Request from Muscatine High School for Use of City Property for the 2012 Homecoming Senior March

    Presented for City Council’s consideration is a request from the Muscatine High School Student Council for the use of city property for the 2012 Homecoming Senior March. The march will take place on Friday, September 28, 2012, leaving the high school at 11:45 a.m. and traveling down Mulberry to 8th, 8th to Iowa and ending on the riverfront. There will be approximately 300 students and adults participating in the march.


    * Item 9A – From the Mayor

    A. Request to Set Trick-or-Treat Night on Wednesday, October 31, 2012, from 5:30 to 7:30 p.m. 


    * Items 12A-F - Communications Receive and File

    A. Muscatine County Board of Supervisors – August 27, 2012

    B. Planning & Zoning Commission – August 14, 2012

    C. MP&W Communications Utility – July 2012

    D. MP&W Electric Utility – July 2012

    E. MP&W Water Utility – July 2012

    F. NFPA Fire Survey – May 2012


    * Bills*

    * Approval of attached Bills for Approval totaling $1,842,954.05 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Vacation of Public Right-of-Way Remnant in the City of Muscatine

      This public hearing concerns the proposed vacation of a public right-of-way remnant in the City of Muscatine. Salvatore and Stephanie LoBianco recently purchased a 3.94-acre parcel located off Myrtle Lane. They are requesting the city vacate, sell and transfer to them a 10’ wide access remnant that will allow for the extension of utilities to the property they recently purchased. The Planning & Zoning Commission unanimously approved this request. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Mad Creek Sewer Extension Project

      This public hearing concerns the proposed Mad Creek Sewer Extension Project. The city has partnered with Ripley’s Inc. to extend sanitary gravity sewer from Park Avenue West to Ripley’s Mobile Home Park. The mobile home park is under court order to modify their existing failing lagoon system to meet regulations established by the Iowa Department of Natural Resources. Options to extend this sanitary sewer were reviewed, including a pump station, but the recommendation from staff and engineers focused on utilizing gravity flow to the existing Mad Creek line. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed Sale and Transfer of Public Property Within the City of Muscatine

      This public hearing concerns the proposed sale and transfer of public property within the City of Muscatine. The city has been actively involved in negotiations to acquire a portion of the Pierce Furniture property for the re-design and construction of the Colorado Street Improvement Project. As a result of those negotiations, an agreement was reached whereby the city will compensate the Pierce family through a combination of available funds and the transfer of surplus public property known as the Iowa Field. 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 Setting Public Hearing to Consider the Vacation of an Alley Right-of-Way Remnant in 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 in the City of Muscatine. A request has been received from HNI for the vacation of a portion of Alley #1 off of Mulberry Avenue in Block 16. HNI intends to construct and then maintain the vacated alley as an access route to a parking lot. The Planning & Zoning Commission unanimously approved this request. Prior to any formal action by City Council, a public hearing is required. This hearing will be held on Thursday, October 4, 2012, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    2. Resolution Approving the Final Plat for the LBM/Phelps Subdivision 

      Presented for City Council’s consideration is a resolution approving the final plat for the LBM/Phelps Subdivision. A request has been received for a combined preliminary/final plat for the LBM/Phelps Subdivision for the replat of Lot 2 on behalf of LBM Storage. If approved, Phelps Laundry intends to purchase Lot 2B and relocate its operation to an existing structure on that parcel. Both Lots 2A and 2B will have their frontage on Hershey Avenue. The owners of Lots 1, 2A and 2B will enter into an agreement for access and maintenance of the private road named Newcomb Boulevard. The Planning & Zoning Commission unanimously approved this request.

      Is there a motion to adopt the resolution as submitted? 

    3. Resolution Setting Public Hearing on Vacation of Utility Easements in Lots 21 and 22 of Riverbend Second Addition in the City of Muscatine 

      Presented for City Council’s consideration is a request to set a public hearing on the vacation of utility easements in Lots 21 and 22 of Riverbend Second Addition in the City of Muscatine. A request has been received to vacate a 10’ wide utility easement composed of two adjoining 5’ utility easements located on Lots 21 and 22 of the Riverbend Second Addition on Clermont Drive. It is the property owner’s intent to combine these two parcels, and the vacation of these utility easements will allow all necessary utility easements to be located along the perimeter. The Planning & Zoning Commission unanimously approved this request. Prior to any formal action by City Council, a public hearing is required. This hearing will be held on Thursday, October 4, 2012, 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 Revising Title 7 Police Regulations, Chapter 18 Snow Emergency Regulations 

      Presented for City Council’s consideration is the second reading of an ordinance revising Title 7 Police Regulations, Chapter 18 Snow Emergency Regulations. When a Snow Emergency is declared, on-street parking is limited in order to allow plows to access and clear the entire street during a winter storm. This revised ordinance will affect those who park their vehicles on the streets of Muscatine outside the Central Business District.

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

    2. First Reading of an Ordinance Vacating a Public Right-of-Way Remnant Within the City of Muscatine 

      Presented for City Council’s consideration is the first reading of an ordinance vacating a public right-of-way remnant within the City of Muscatine. The public hearing for this vacation request was held earlier in the meeting.

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

    3. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting Bid Opening Date for the Mad Creek Sewer Extension 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 Mad Creek Sewer Extension Project. The public hearing for this project was held earlier in the meeting.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving the Sale and Transfer of Public Property Within the City of Muscatine 

    5. Resolution Approving Easements for the Cedar Street Reconstruction Project – Utility Phase 

      Presented for City Council’s consideration is a resolution accepting easements for the Cedar Street Reconstruction Project – Utility Phase. The city began a three-phase reconstruction of Cedar Street from Parham Street to Houser Street in 2011. The various phases included the extensions of the Papoose Creek culvert under Cedar Street at its intersection with Wood Creek Lane and an extension near the Stonebrook Drive/Cedar Street intersection; utility upgrading and replacement; construction of passing lanes; bicycle/pedestrian walkway construction on the north side of Cedar Street and other work. Temporary and permanent easements and right-of-way acquisitions will be needed for the work. Iowa DOT procedures will be followed in this process.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Approving the Annual Street Finance Report for the Fiscal Year Ended June 30, 2012 

      Presented for City Council’s consideration is a resolution approving the Annual Street Finance Report for the fiscal year ended June 30, 2012. Street-related expenditures for the year totaled $6,253,692 which includes $5,995,857 paid from city funds and funding sources and $257,835 of street lighting costs provided by Muscatine Power & Water.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Accepting Low Bid, Awarding Contract, and Approving Contract and Bond for the Boiler Replacement Project at the Clark House 

      Presented for City Council’s consideration is a resolution accepting the low bid, awarding contract and approving the contract and bond for the Boiler Replacement Project at the Clark House. Four bids were received for the replacement of the six remaining boilers at the Clark House with three. The low bid in the amount of $49,900 was submitted by Boche Plumbing. At the time the fiscal year 2012/2013 budget was adopted, no funds were allocated for boiler replacements since there was uncertainty in the HUD funding allocations. In the five-year HUD planning budget, however, $37,000 was allocated for boiler replacements in fiscal year 2014 and an additional $37,000 was allocated in fiscal year 2015 for a total of $74,000. The housing authority now has the resources in the HUD Capital Improvement Program to move the balance of the boiler project to the current fiscal year.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Clarifying the City of Muscatine’s Pre-Employment Reimbursement Contract Policy for Police Officers and to Ratify Existing Contracts 

      Presented for City Council’s consideration is a resolution clarifying the City of Muscatine’s Pre-Employment Reimbursement Contract Policy for Police Officers and to ratify existing contracts. Adoption of this resolution will re-confirm the agreements with current police officers for repayment of their training expenses. The City Attorney has recommended this action as a result of recent court cases and repayment issues the city has experienced.

      Is there a motion to adopt the resolution as submitted? 

    9. Request to Approve Update to the City’s Travel Policy 

      Presented for City Council’s consideration is a request to approve the update to the city’s Travel Policy. The city’s existing Travel Policy has not been updated for a number of years. City staff recently completed a review of this policy and is proposing updates to clarify specific areas, provide for updated travel costs, and to address specific situations that were not addressed in the existing policy. The proposed changes were reviewed with City Council at the September 13, 2012 In-Depth meeting.

      Is there a motion to approve the request as submitted? 

    10. Request from Police Department to Purchase Vehicle 

      Presented for City Council’s consideration is a request from the Police Department to purchase a vehicle. Three quotes were received for this purchase. Even though this was not the low bid, staff is requesting approval to purchase a used 2011 Ford Fusion SE from Uptown Motors in the amount of $14,000. This vehicle has 40,300 miles on it, and the purchase price includes trading in the 1997 Chevrolet Lumina and the 1999 Buick Century that the department currently has. The reason for choosing the Ford is due to the lower miles and because Public Works is much better equipped to work on American made vehicles.

      Is there a motion to approve the request as submitted? 

    11. Request from Public Works to Purchase a ½ Ton Pickup Truck 

      Presented for City Council’s consideration is a request from Public Works to purchase a ½ ton pickup truck. A total of six bids were received from four vendors with the low bid from Dahl Ford in the amount of $24,346 for a 2013 ½ ton 4x4 pickup truck. Roadway Maintenance has $30,000 budgeted for this purchase.

      Is there a motion to approve the request as submitted? 

    12. Request from Traffic Committee for the Installation of a Stop Sign on Bandag Drive at Colorado Street 

      Presented for City Council’s consideration is a request from the Traffic Committee for the installation of a stop sign on Bandag Drive at Colorado Street. Recently the city constructed a connecting road from Harrison Street to Bandag Drive. This new street is generating a considerable amount of traffic primarily due to Colorado School. The Traffic Committee is recommending the installation of a stop sign at the T intersection of Bandag Drive and Colorado Street due to the increased traffic flow from Harrison Street.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,842,954.05 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