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AGENDA
THURSDAY, DECEMBER 6, 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 Approval of City Council Minutes 

    A. November 15, 2012 City Council Minutes 


    * Items 8A-J - Petitions and Communications 

    A. Request on second reading for a new Class “C” Beer Permit and Sunday Sales for Dollar General #7027, 2000 Cedar Plaza Drive – Dolgencorp LLC (pending inspections)

    B. Request on second reading for a new Class “B” Beer Permit and Sunday Sales for Hong Kong Buffet, 2406 Park Avenue – Hong Kong Buffet Inc. (pending inspections and insurance)

    C. Request on second reading for a new a Class “C” Beer Permit Sunday Sales for Sticks N’ Stones Bar and Billiards, 218 Walnut Street – Sticks N’ Stones Bar and Billiards LLC (pending inspections and insurance)

    D. Request on renewal for a Class “C” Liquor License, Outdoor Sales and Sunday Sales for The Elms Supper Club and Lounge, 2108 Grandview Avenue – Elm Tree Dining & Lounge, LLC (pending inspections)

    E. Request on renewal for a Class “B” Wine Permit, Class “C” Beer Permit and Sunday Sales for West Side Store, 2201 Houser Street – DJMB LLC (pending inspections)

    F. Request on renewal for a Class “C” Liquor License and Sunday Sales for Flaming Embers, 131 West 2nd Street – Flaming Ember Inc. (pending inspections and insurance)

    G. Request on transfer for a Class “E” Liquor License for Kum & Go #438, 1429 Park Avenue (formerly 1010 Park Avenue) – Kum & Go LC (pending inspections)

    H. Request on renewal for a Class “C” Beer Permit and Sunday Sales for New York Dollar Store, 109 E. Second Street – Antonio Sosa (pending inspections)

    I. Request on renewal for a Class “C” Liquor License and Sunday Sales for Las Lomas, 1519 Park Avenue – Juan, Inc. (pending inspections and insurance)

    J. Request for new Cigarette Permit for Kum & Go #438, 1429 Park Avenue, effective December 14, 2012 to June 30, 2013


    * Items 12A-G - Communications Receive and File 

    A. Muscatine County Board of Supervisors – November 5, 14 & 19, 2012

    B. Zoning Board of Adjustment – November 6, 2012

    C. Airport Advisory Commission – September 24, 2012

    D. Planning & Zoning Commission – September 11, 2012

    E. Historic Preservation Commission – July 18, 2012

    F. NFPA Survey – July, August & September 2012 

    G. City of Muscatine Financial Reports – October 2012


    * Bills*

    * Approval of attached Bills for Approval totaling $1,783,028.45 is subject to the approval of any related agenda item(s). 

  1. MINUTES – APPROVAL 

  2. PUBLIC HEARING 

    1. Proposed Rezoning of Property Located at 2875 Highway 61

      This public hearing concerns the proposed rezoning request of property located at 2875 Highway 61. A request has been received from Community Bank on behalf of Mills Marine LLC for the rezoning of two adjoining parcels totaling approximately 18 acres located at the above address from Muscatine County C-1 to C-1 Neighborhood and General Commercial. There is a signed annexation agreement for these parcels, and this rezoning would run concurrently with the completion of the annexation process. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Rezoning of Property Owned by Ripley’s Development Corporation

      This public hearing concerns the proposed rezoning of property owned by the Ripley’s Development Corporation. The corporation is the deed holder of nine parcels totaling 131.8 acres of land along U.S. 61 upon which Ripley’s Mobile Home Park is located. An agreement has been signed by the corporation to voluntarily annex these parcels into the City of Muscatine. It is being requested that these parcels be rezoned from Muscatine County M-2, A-1, and R-1 to an R-4 Residential District. This rezoning will run concurrently7 with the annexation of these parcels. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

  3. PETITIONS AND COMMUNICATIONS 

  4. FROM THE MAYOR 

  5. FROM THE PLANNING AND ZONING COMMISSION 

  6. FROM THE CITY ADMINISTRATOR 

    1. First Reading of an Ordinance Rezoning Property Located at 2875 Highway 61 

      Presented for City Council’s consideration is the first reading of an ordinance rezoning property located at 2875 Highway 61. A request has been received from Community Bank on behalf of Mills Marine LLC for the rezoning of two adjoining parcels totaling approximately 18 acres located at the above address from Muscatine County C-1 to C-1 Neighborhood and General Commercial. There is a signed annexation agreement for these parcels, and this rezoning would run concurrently with the completion of the annexation process.

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

    2. First Reading of an Ordinance Rezoning Property Owned by Ripley’s Development Corporation 

      Presented for City Council’s consideration is the first reading of an ordinance rezoning property owned by Ripley’s Development Corporation. The corporation is the deed holder of nine parcels totaling 131.8 acres of land along U.S. 61 upon which Ripley’s Mobile Home Park is located. An agreement has been signed by the corporation to voluntarily annex these parcels into the City of Muscatine. It is being requested that these parcels be rezoned from Muscatine County M-2, A-1, and R-1 to an R-4 Residential District. This rezoning will run concurrently7 with the annexation of these parcels.

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

    3. Resolution Accepting Public Street Improvements to Shamrock Drive in Irish Ivy Subdivision in City of Muscatine 

      Presented for City Council’s consideration is a resolution accepting public street improvements to Shamrock Drive in the Irish Ivy Subdivision in the City of Muscatine. The subdivision’s Board of Trustees has submitted a request to the City of Muscatine for the acceptance of Shamrock Drive as a publicly maintained street. This subdivision was annexed into the city earlier this year. The Traffic Committee has reviewed the request and unanimously recommends the acceptance of Shamrock Drive as a publicly maintained street.

      Is there a motion to adopt the resolution as submitted? 

    4. Request Approving Electric Utility Reimbursement Agreement for the Cedar Street Reconstruction Project 

      Presented for City Council’s consideration is a request to approve an Electric Utility Reimbursement Agreement for the Cedar Street Reconstruction Project. As part of this project, it is the city’s preference to relocate the existing overhead electric facilities between Parham and Logan from aerial to underground. The city has requested that MP&W relocate these lines. MP&W has agreed to do so at a cost to the city of $60,000. Any change orders or modifications to the project that affect the fiber optic line relocation work and cause the cost to exceed $60,000 will be the city’s responsibility. MP&W will provide, at no cost to the city, engineering services during the relocation work.

      Is there a motion to approve the request as submitted? 

    5. Request Approving Communication Utility Reimbursement Agreement for the Cedar Street Reconstruction Project 

      Presented for City Council’s consideration is a request to approve a Communication Utility Reimbursement Agreement for the Cedar Street Reconstruction Project. As part of this project, it is the city’s preference to relocate the existing overhead communication facilities between Parham and Logan from aerial to underground. The city has requested that MP&W relocate these lines. MP&W has agreed to do so at a cost to the city of $60,100 including services, restoration and rights for salvage. Any change orders or modifications to the project that affect the fiber optic line relocation work and cause the cost to exceed $60,100 will be the city’s responsibility. MP&W will provide, at no cost to the city, engineering and inspection services during the relocation work.

      Is there a motion to approve the request as submitted? 

    6. Request Approving Design Services Agreement – Land Acquisition for the Colorado Street Reconstruction Project 

      Presented for City Council’s consideration is a request to approve a design services agreement for land acquisition for the Colorado Street Reconstruction Project. As part of this project, additional land acquisition plat services are needed. Shoemaker-Haaland, the engineering firm hired to provide design services for this project, will prepare survey plats and legal descriptions for permanent right-of-way fee acquisitions, temporary construction easements and permanent structure easements (retaining wall and storm sewer) as required. The cost for these services is $20,500.

      Is there a motion to approve the request as submitted? 

  7. COMMUNICATIONS - RECEIVE AND FILE 

  8. APPROVAL OF BILLS 

    It is recommended bills totaling $1,783,028.45 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). 

  9. COMMUNICATIONS - COUNCIL MEMBERS 

  10. OTHER BUSINESS 

    1. Request Approval to go Into Closed Session Per Iowa Code 21.5 to Discuss Pending Litigation 

  11. ADJOURNMENT