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

AGENDA
THURSDAY, OCTOBER 4, 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 20, 2012 City Council Minutes 


    * Items 8A - Petitions and Communications 

    A. Request for renewal of a Class “B” Native Wine Permit, Class “C” Beer Permit and Sunday Sales for A&E Convenience, 4701 South Highway 61 – A&E Convenience, LLC (pending inspections)

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

    C. Request on second 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)

    D. Request for Use of City Property from Pete’s Tap for a Waterfowl Event

    Presented for City Council’s consideration is a request from Pete’s Tap located at 1820 Angle Street for the use of city property (parking lot) for a water fowl event. It will take place on October 13, 2012 from noon until midnight. Approximately 60 people are expected to attend the event.


    * Item 9A-B – From the Mayor 

    A. Proclamation Declaring October 7-13, 2012 as “Public Power Week”

    B. Proclamation Declaring October 11, 2012 as “Lion’s World Sight Day”


    * Items 12A-F - Communications Receive and File 

    A. Muscatine County Board of Supervisors – September 10 & 17, 2012 

    B. Historic Preservation Commission – July 18, 2012

    C. Airport Advisory Commission – July 23, 2012

    D. MP&W Communications Utility – August 2012

    E. MP&W Electric Utility – August 2012

    F. MP&W Water Utility – August 2012 


    * Bills*

    * Approval of attached Bills for Approval totaling $1,488,377.60 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING

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

      This public hearing concerns the proposed 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 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.

      Now is the time for the public to comment. 

    2. Proposed Vacation of Utility Easements in Riverbend Second Addition in the City of Muscatine

      This public hearing concerns the proposed vacation of utility easements in the Riverbend Second Addition in the City of Muscatine. A request has been received to vacate 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.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Final Reading of an Ordinance Revising Title 7 Police Regulations, Chapter 18 Snow Emergency Regulations 

      Presented for City Council’s consideration is the final 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 adopt the ordinance on final reading and direct for its publication as required by law? 

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

      Presented for City Council’s consideration is the second and final reading of an ordinance vacating a public right-of-way remnant within 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. Staff is requesting that City Council waive the third reading and adopt the ordinance on final reading.

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

    3. Resolution Authorizing the Sale of City Property to Salvatore and Stephanie LoBianco 

      Presented for City Council’s consideration is a resolution authorizing the sale of city property to Salvatore and Stephanie LoBianco. In its previous action City Council took action to vacate, sell and transfer to the LoBiancos a 10’ wide access remnant that will allow for the extension of utilities to the property they recently purchased. Staff is requesting the adoption of the resolution authorizing the sale of this property to the LoBiancos.

      Is there a motion to adopt the resolution as submitted? 

    4. Resolution Approving an Executed Deed to Salvatore and Stephanie LoBianco 

      Presented for City Council’s consideration is a resolution approving an executed deed to Salvatore and Stephanie LoBianco. In its previous action City Council adopted the resolution authorizing the sale of a 10’ wide access remnant that will allow for the extension of utilities to the property they recently purchased. It is now necessary for City Council to adopt the resolution approving the executed deed.

      Is there a motion to adopt the resolution as submitted? 

    5. First Reading of an Ordinance Vacating a Public Right-of-Way in the City of Muscatine 

      Presented for City Council’s consideration is the first reading of an ordinance vacating a public right-of-way in the City of Muscatine. As stated in the public hearing, HNI intends to construct and then maintain the vacated alley as an access route to a parking lot.

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

    6. Resolution Vacating Utility Easements in the Riverbend Second Addition in the City of Muscatine 

      Presented for City Council’s consideration is a resolution vacating utility easements in the Riverbend Second Addition in the City of Muscatine. A request has been received to vacate 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.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Rejecting All Bids for Municipal Airport Improvements Identified as “T-Hangar Apron Drainage Improvements” 

      Presented for City Council’s consideration is a resolution rejecting all bids for the Municipal Airport Improvements identified as “T-Hangar Apron Drainage Improvements”. The original design of this project included the removal of a failing French drain, the installation of storm sewer intakes, new storm sewer, upstream improvements for the existing oil/water separator, and new concrete. Six bids were received with the lowest being significantly higher than the engineer’s estimate for the project. Following a general discussion regarding the available options to move the project forward, it was agreed the city should reject all bids and file an amended application for funding in the future that more clearly defines the project scope and engineer’s cost estimate.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Accepting Grants and Awarding Contract to Complete Reconnaissance Surveys 

      Presented for City Council’s consideration is a resolution accepting grants and awarding contract to complete reconnaissance surveys. For the past year the Historic Preservation Commission has been discussing proposed reconnaissance surveys of four potential historic districts which include all or portions of Mulberry Avenue, Colver Street, the Fair Oaks area, and the Country Club Hills area. The cost to complete all four surveys was $27,200. The HPC submitted local grant requests to the Carver Trust, Community Foundation of Greater Muscatine, HNI, and Friends of the Muscatine Historic Preservation Commission with a total of $9,700 received from these groups. The local funding organizations have advised the HPC it can use the funds awarded to conduct the surveys of the Fair Oaks area and Colver Street. The cost for the surveys is $9,700. The HPC is requesting that the City Council authorize the acceptance of the local grant funds totaling $9,700 and also authorize entering into a contract with SPARK Consulting to conduct the reconnaissance surveys.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Awarding the Contract for the Golf Course Irrigation Project 

      Presented for City Council’s consideration is a resolution awarding the contract for the Golf Course Irrigation Project. This project will replace and upgrade the original fairway irrigation system at the golf course. Four bids were received with the low bid from Midwest Irrigation in the amount of $321,200. The total amount includes Alternate #1 ($3,400) for removal of existing equipment which includes roughly 200 irrigation heads and associated materials. As the golf course is an Enterprise Fund, this project will be funded through an internal loan.

      Is there a motion to adopt the resolution as submitted? 

    10. Request to Enter Into Water Utility Reimbursement Agreement for the Cedar Street Reconstruction Project 

      Presented for City Council’s consideration is a request to enter into a water utility reimbursement agreement for the Cedar Street Reconstruction Project. Approximately 1,900’ of water main and associated work is currently under contract with Brandt Construction for $189,502. Muscatine Power & Water proposes to pay 50% of the water-related improvements up to $140,000 which means the city and MP&W would each fund $94,751 for this work. Additional work including a tie to the Logan Street main will be performed in 2013 and is proposed to be funded according to the same ratio.

      Is there a motion to approve the request as submitted? 

    11. Request to Enter Into an Agreement with the Iowa Department of Transportation for a Surface Transportation Program Project: Cedar Street – Parham Street to Houser Street 

      Presented for City Council’s consideration is a request to enter into an agreement with the Iowa Department of Transportation for a Surface Transportation Program Project: Cedar Street – Parham Street to Houser Street. The city will reconstruct Cedar Street from Parham to Houser with improvements to include three lanes, concrete surface, trail/sidewalk from Houser to Parham (north side), storm sewer on the west end, traffic signals at the high school entrance, and general grading from Houser to Logan. The city will receive $1,758,271 in STP funds. It is staff’s recommendation that City Council approve the Federal-aid Agreement for a Surface Transportation Program.

      Is there a motion to approve the request as submitted? 

    12. Request to Approve Change Orders #2 and #3 for the West Hill Storm and Sanitary Sewer Separation Project 

      Presented for City Council’s consideration is a request to approve Change Orders #2 and #3 for the West Hill Storm and Sanitary Sewer Separation Project. Change Order #2 involves deductions for eliminated work and for items with reduced scope. The total deducted amount is $12,417.14. Change Order #3 includes all extra work involving time and materials for three separate items. Item 3A involves sidewalk work at the southwest corner of Sycamore and 3rd streets near Sycamore Printing. Item 3B involves repair and replacement of the water service line to the Credit Bureau of Muscatine. Item 3C includes removal, repair, and rerouting of the internal roof drain lines on the New York Dollar Store at 109 E. 2nd Street. Change Order #3 amounts to an increase of $13,462.51. These change orders will increase the contract price by $1,045.37 bringing the total price to $3,693,360.64.

      Is there a motion to adopt the resolution as submitted? 

    13. Request Approval to Prohibit Parking in Alley 

      Presented for City Council’s consideration is a request to prohibit parking in the alley between Lombard and Brook streets. This alley is very narrow and parking in the alley makes plowing snow, getting emergency vehicles through, collecting refuse and maneuvering around parked vehicles difficult. There is off-street/off-alley parking available for the residents adjacent to the alley. It is the Traffic Committee’s recommendation to post the alley “No Parking” to ensure better and safer traffic flow. In addition, the Traffic Committee is recommending the dead-end alley perpendicular to the subject alley also be posted “No Parking” for the same reasons.

      Is there a motion to approve the request as submitted? 

    14. Request to Approve Change Order #1 for the Airport Obstruction Removal Project 

      Presented for City Council’s consideration is a request to approve Change Order #1 for the Airport Obstruction Removal Project. On August 2, 2012 City Council awarded a contract to Dickey Farms Excavating Inc. in the amount of $43,319.82 for the Airport Obstruction Removal Project. The project involved the clearing and grubbing of trees and shrubs on approximately 33 acres of airport property. Following the award, staff pursued a contractor that might be interested in recycling the debris for future use in landscaping. To that end, a proposal was received to grind the material from the largest site at no cost to the city; however, the contractor stated he was not interested in moving the equipment from the large site to several much smaller locations. Following a discussion with the contractor, he has agreed to move the equipment and grind all of the material if he is compensated for the relocation of his equipment to accomplish the work. The proposal has resulted in a change order totaling $5,000 with the Federal Aviation Administration concurring. The project will be funded through a 90% federal and a 10% local cost share.

      Is there a motion to approve the request as submitted? 

    15. Request to Approve Change Order #1 for the “Rehabilitate Airfield Pavements” Project 

      Presented for City Council’s consideration is a request to approve Change Order #1 for the “Rehabilitate Airfield Pavements” Project. This project was designed to provide minimal runway repair damage in the form of joint-sealing, corner spalling repair, crack routing and sealing, partial depth concrete patching and full depth concrete patching. The original award was based on the engineer’s estimate for specific quantities. With the completion of the project, it is necessary to adjust the actual quantities used for the rehabilitation effort. This change order has been reviewed and approved by the Federal Aviation Administration. As a result of this change order, the final cost for the project will be $58,597.69. This project will be funded through a 90% federal and 10% local cost share.

      Is there a motion to approve the request as submitted? 

    16. Request Approval to Purchase Used Water Tender and Supplies to Provide Fire Protection Services for Newly Annexed Areas Without Fire Hydrants 

      Presented for City Council’s consideration is a request to approve the purchase of a used water tender and supplies to provide fire protection services for newly annexed areas without fire hydrants. Fire Department staff located a used 1978 Chevrolet C65 in Walcott with a 3,200 gallon water tank for sale. The tender has 9,000 miles on it and is mechanically sound. Staff is requesting authorization to issue a purchase order to the Walcott Fire Department for $10,000 for the purchase of this water tender. This purchase will require an amendment to the budget.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,488,377.60 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 Enter Closed Session Per 21.5 of the Iowa Code for Property Acquisition 

    2. Potential Action Stemming from Closed Session 

  16. ADJOURNMENT