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AGENDA
THURSDAY, AUGUST 18, 2011 
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL


  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

    1. Swearing in of Police Officers Jacob McCleary, Todd Koch, and Jacob Elliot

      At this time Police Officers McCleary, Koch, and Elliot will be sworn in. 

    2. Swearing in of Firefighters Matt Stewart and Jon Wieland

      At this time Firefighters Stewart and Wieland will be sworn in. 

  5. MINUTES - APPROVAL 

    1. City Council Meeting – August 4, 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. 

    * 13 – A-B
    * Bills*

    * Approval of attached Bills for Approval totaling $2,120,887.96 is subject to the approval of any related agenda item(s). 

  7. PUBLIC HEARING 

    1. Proposed Installation of Handicapped Parking Stalls on Sheridan Street for 801 Park Avenue

      This public hearing concerns the proposed installation of handicapped parking stalls on Sheridan Street for 801 Park Avenue. A request has been received from Efrain Sanchez, owner of 801 Park Avenue, to install two designated handicapped parking spaces on the Sheridan Street side of his property. In September 2008 the City Council approved a policy establishing a uniform method for approving/disapproving requests for handicapped parking stalls in residential areas. 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. Bi-State Regional Commission Update 

    2. Water Pollution Control Plant Renovation Project Update 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

    1. Resolution Approving the Final Plat for the University Development Subdivision 

      Presented for City Council’s consideration is a resolution approving the final plat for the University Development Subdivision. A request has been received for a three-lot subdivision of Lot 5 in the Northland Subdivision, a light industrial subdivision approved by the city in 2009. The current owner of Lot 5 is requesting this subdivision to accommodate his needs and the interests of a buyer of the remaining two lots. The Planning & Zoning Commission is recommending City Council approve the subdivision with a change that will create an easement for a single point of access onto University Drive from Lots 2 and 3.

      Is there a motion to adopt the resolution as submitted? 

    2. Resolution Setting Public Hearing on the Vacation of an Access Easement in the Chin Subdivision 

      Presented for City Council’s consideration is a resolution setting a public hearing on the vacation of an access easement in Lot 4 of the Chin Subdivision. As part of the approval of this subdivision in 1987, the city required the final plat include an access easement intended to serve all lots within the subdivision via a single entry point from Grandview Avenue. Since that time, the property has developed without the use of the access easement. Recently the owner of Lot 3 acquired Lot 4 and is requesting the elimination of the access easement crossing Lot 4 so it can be used for existing and future commercial use. The remaining two vacant lots are held under single ownership and will continue to be served by the access easement crossing Lot 3. The Planning & Zoning Commission is recommending City Council approve the request as submitted. Prior to any formal action by City Council, a public hearing is required. This public hearing will be held on Thursday, September 1, 2011, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

  11. FROM THE CITY ADMINISTRATOR 

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

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

    2. Final Reading of an Ordinance Vacating an Alley Right-of-Way Remnant 

      Presented for City Council’s consideration is the final reading of an ordinance vacating an alley right-of-way remnant to T.L.W. Corporation. 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 adopt the ordinance on final reading and to direct for its publication as required by law? 

    3. First and Final Reading of an Ordinance Amending Title 1, Chapter 4 Pertaining to Wards and Precincts Boundary Descriptions 

      Presented for City Council’s consideration is the first reading of an ordinance amending Title 1, Chapter 4 pertaining to wards and precincts boundary descriptions. In July 2011 City Council adopted the new ward and precinct boundaries to reflect changes in the population reported in the 2010 Census. On August 3, 2011, the state notified the city that the wards and precincts adopted in July were deficient for the following two reasons:

      • Precinct boundaries improperly split a number of census blocks located within the Mississippi River and the Muscatine Slough. The state mandates that census blocks be kept whole within a single precinct.

      • The lack of an agreement with Muscatine County to create a joint city/county voting precinct that would cover the area located south of U.S. 61 and west of Solomon Avenue that was annexed into the city on June 2, 2011. The state requires an agreement between the city and county to create a joint city/county precinct.

      These deficiencies must be corrected by September 1, 2011. Therefore, it will be necessary for City Council to take action to waive the rules and adopt the ordinance on final reading.

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

    4. Resolution Approving an Agreement with Muscatine County Pertaining to Wards and Precincts 

      Presented for City Council’s consideration is a resolution approving a Memorandum of Agreement with Muscatine County to create a combined city/county Sweetland Precinct. On June 2, 2011 City Council approved a voluntary annexation of 62.05 acres of agricultural property that caused the splitting of a census block between the city and unincorporated Muscatine County. In July 2011 City Council adopted new precinct and ward boundaries to reflect the changes in population reported in the 2010 Census. On August 3, 2011 the state notified the city and Muscatine County that an agreement is required between both parties to create a joint city/county voting precinct that would cover the newly annexed area. This agreement must be signed before the state will accept the new ward and precinct boundaries. The deadline for submitting this agreement to the state is September 1, 2011.

      Is there a motion to adopt the resolution as submitted? 

    5. Request to Approve the Installation of Parking Stalls on Sheridan Street for 801 Park Avenue 

      Presented for City Council’s consideration is a request to approve the installation of parking stalls on Sheridan Street for 801 Park Avenue. A request has been received from Efrain Sanchez, owner of 801 Park Avenue, to install two designated handicapped parking spaces on the Sheridan Street side of his property. In September 2008 the City Council approved a policy establishing a uniform method for approving/disapproving requests for handicapped parking stalls in residential areas.

      Is there a motion to approve the request as submitted? 

    6. Resolution Authorizing the Sale and Transfer of City Property to T.L.W. Corporation 

      Presented for City Council’s consideration is a resolution authorizing the sale and transfer of city property to T.L.W. Corporation. Earlier in the meeting City Council adopted the final reading of an ordinance vacating an alley remnant located adjacent to property owned by the T.L.W. Corporation that is generally bounded by Main, Pearl, Liberty, and Mill streets. Adoption of that ordinance allows for the sale and transfer of the vacated property to T.L.W. Corporation who owns all of the real estate including the remainder of the vacated alley right-of-way.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Approving an Executed Deed to T.L.W. Corporation 

      Presented for City Council’s consideration is a resolution approving an executed deed to T.L.W. Corporation. City Council previously took action to authorize the sale of property to the T.L.W. Corporation and it is now necessary to approve the executed deed.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Approving Contract and Bond for the 2nd Street Parking Lot Improvements 

      Presented for City Council’s consideration is a resolution approving the contract and bond for the 2nd Street Parking Lot Improvements. On August 4, 2011, City Council accepted the low bid for this project from Heuer Construction in the amount of $40,506.20. At this time staff is recommending City Council approve the contract and bond for this project.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Authorizing the Demolition of Property at 1012 E. 3rd Street 

      Presented for City Council’s consideration is a resolution authorizing the demolition of property located at 1012 E. 3rd Street. City staff has been dealing with nuisance complaints for a number of years at this location. The structure is in complete disrepair and poses a serious hazard risk.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Authorizing Demolition of Property at 510 Liberty Street 

      Presented for City Council’s consideration is a resolution authorizing the demolition of property located at 510 Liberty Street. This property was posted for “No Occupancy” on January 6, 2009 and has been regularly maintained by the city since that time. The residential structure has fallen into disrepair.

      Is there a motion to adopt the resolution as submitted? 

    11. Resolution Authorizing the Demolition of Property at 6208 41st Street South 

      Presented for City Council’s consideration is a resolution authorizing the demolition of property at 6208 41st Street South. This property was posted for “No Occupancy” on May 6, 2009 and has been regularly maintained by the city since that time. The residential structure has fallen into disrepair. Staff is currently working with the Fire Department to use this property for a training burn, which would result in a substantial savings to the city.

      Is there a motion to adopt the resolution as submitted? 

    12. Resolution Approving the Grant Agreement for the Airport Lighting Project 

      Presented for City Council’s consideration is a resolution approving a grant agreement for the Airport Lighting Project. The city was notified by the Federal Aviation Administration (FAA) that funding is available to rehabilitate runway lighting at the municipal airport. This funding will allow the city to replace the direct burial conductors that have been repeatedly out of service at the airport and that are associated with the lighting of runway 6/24 and the parallel taxiway for that runway.

      Is there a motion to adopt the resolution as submitted? 

    13. Resolution Rejecting All Bids and Setting a Bid Opening Date for the Renovation of the Municipal Hangar and T-Hangar Roofs at the Municipal Airport 

      Presented for City Council’s consideration is a resolution rejecting all bids and setting a bid opening date for the renovation of the municipal hangar and t-hangar roofs at the municipal airport. A single bid for this project was received from Pella Roofing & Insulation and it was determined it did not meet the requirement related to Targeted Small Businesses (TSB). Therefore, staff is recommending City Council reject the bid received for this project and approve a new bid opening date of September 8, 2011.

      Is there a motion to adopt the resolution as submitted? 

    14. Resolution Approving the Contract and Bond for the Cedar Street Culvert Extensions Project 

      Presented for City Council’s consideration is a resolution approving the contract and bond for the Cedar Street Culvert Extensions Project. On August 4, 2011 City Council took action to award the bid for this project to Sulzberger Excavating in the amount of $544,652.40. At this time staff is recommending City Council approve the contract and bond for this project.

      Is there a motion to adopt the resolution as submitted? 

    15. Request from Fire Department to Approve Submission of a Department of Homeland Security AFG Grant Request 

      Presented for City Council’s consideration is a request from the Fire Department to approve the submission of a Department of Homeland Security AFG grant request. Grant monies, if received, will be used to purchase LUCAS Chest Compression Systems, Lifepak 15 monitors and defibrillators, and a Ward Diesel Exhaust System for Fire Department vehicles. The deadline for submission of the grant is September 9, 2011.

      Is there a motion to approve the request as submitted? 

    16. Request Approval to Provide Hazmat Services to Keokuk County 

      Presented for City Council’s consideration is a request to approve a Hazmat 28E agreement with Keokuk County. Currently the Fire Department provides hazardous material emergency response through 28E agreements to Muscatine, Henry, Louisa, and Washington counties. Each county pays the city $1,800 annually for this service as an equipment maintenance fee. This agreement would be effective October 1, 2011.

      Is there a motion to approve the request as submitted? 

    17. Request to Amend Current City Policy Concerning Critical (Supervisory) Employees 

      Presented for City Council’s consideration is a request to amend the current city policy concerning critical (supervisory) employees. Currently Police and Fire Department personnel may live in Muscatine, Scott, Cedar, or Louisa counties when they are hired and may maintain that residency as long as they are not classified as “Supervisors”. However, once they become supervisors and per the city’s policy, they must reside in Muscatine County within six months of hire or promotion. The policy as written hampers the Police Department’s ability to promote officers to supervisory staff if they live outside Muscatine County. City staff is requesting that City Council consider adjusting the current city policy concerning critical (supervisory) employees.

      Is there a motion to approve the request as submitted? 

    18. Request to Approve Change Order #8 for the Water Pollution Control Plant Renovation Project 

      Presented for City Council’s consideration is a request to approve Change Order #8 for the Water Pollution Control Plant Renovation Project. This change order, in the amount of $46,790, incorporates a number of minor changes to the project. With this change order, the total change orders to the contract will increase to $172,921.

      Is there a motion to approve the request as submitted?

       
  12. COMMUNICATIONS - RECEIVE AND FILE 

    1. Muscatine County Board of Supervisors – July 25, 2001 & August 1, 2011 

    2. Historic Preservation Commission – July 20, 2011 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $2,120,887.96 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 to go into Closed Session to Discuss the Sale of City Property 

  16. ADJOURNMENT

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