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COUNCIL
Osama Shihadeh
At Large
Dick O'Brien
Mayor
Scott Natvig
At Large
Robert Bynum
4
th
Ward
Phil Fitzgerald
1
st
Ward
Dyann Roby
5th Ward
2010 MEETING SCHEDULE
Mark LeRette
2
nd
Ward
Jerry Lange
3
rd
Ward
(All meetings start at 7:00 PM
unless voted upon by Council.)
Fran Donelson
Administrative Secretary
Harvey Allbee, Jr.
City Attorney
Regular Meetings
In-depth Meetings
Gregg Mandsager
City Administrator
January 7 & 21
July 1 & 15
January 14
July 8
February 4 & 18
August 5 & 19
February 11
(None in August)
March 4 & 18
September 2 & 16
March 11
September 9
April 1 & 15
October 7 & 21
April 8
October 14
May 6 & 20
November 4 & 18
May 13
November 11
June 3 & 17
December 2 & 16
June 10
December 9
AGENDA
THURSDAY, JUNE 3, 2010
COUNCIL CHAMBERS - CITY HALL
1
.
CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
6.
MINUTES - APPROVAL
A. City Council Meeting – May 20, 2010
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7. 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.
*
9 – A-G
*
13 – A-I
* Bills*
* Approval of attached Bills for Approval totaling $4,057,805.58, as well as receipt
summaries and journal entries for February 2010, is subject to the approval of any
related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Partial Vacation of a Utility Easement in Cobblestone Ridge Replat of
Phase II
This public hearing concerns the proposed partial vacation of a utility easement in
Cobblestone Ridge Replat of Phase II. In 2008, a portion of this property was
replatted to create Cobblestone Ridge Phase II and was intended for the development
of side-by-side townhouse style residences. The owners have found an existing utility
easement is partially located in an area intended for residential construction. As a
result, they are requesting that a portion of the existing utility easement be vacated, a
new easement created, and the changes recorded for future reference. If approved, the
vacation would involve a parcel consisting of 398 square feet, and a new easement
created that will consist of 440 square feet. Prior to any formal action by City
Council, a public hearing is required.
Now is the time for the public to comment.
9.
PETITIONS AND COMMUNICATIONS
A. Second reading on a new Class C Liquor License and Sunday Sales Permit for MVP
Lounge, 214 Iowa Avenue – Daniel McFate (pending receipt of dram shop insurance
and inspections)
B. First reading on a new Class C Liquor License and Sunday Sales Permit for Krug’z
Pool Hall Inc., 218 Walnut Street – Steve Krueger (pending receipt of final
paperwork)
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C. First reading on a new Class C Liquor License for Jack’s Bar, 500 Mulberry Avenue
– Isaac Fernandez (pending receipt of final paperwork)
D. Request for renewal of a Class C Liquor License and Sunday Sales Permit for El
Allende Inc., 1107 Grandview Avenue – Alfonso Rojas
E. Request for renewal of a Class B Beer and Sunday Sales Permit for China Buffet of
Muscatine Inc., 1903 Park Avenue #48 – Fa Ni
F. Request for renewal of a Class C Beer and Sunday Sales Permit for Fast Avenue One
Stop, 2111 Park Avenue – JBC LLC
G. Request for renewal of a Class C Beer and Sunday Sales Permit for Walgreens #5885,
1703 Park Avenue – Walgreen Co.
10.
FROM THE MAYOR
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. Final Reading of an Ordinance Amending Title 3 Public Way and Property Chapter 9
Street Obstruction
Presented for City Council’s consideration is the final reading of an ordinance
amending Title 3 Public Way and Property, Chapter 9 Street Obstruction. At the April
8, 2010 In-Depth meeting this matter was reviewed with City Council. The proposed
ordinance amendment will address snow removal and its placement on city streets
and public right-of-ways. The Police Department will enforce the ordinance assisted
by Public Works staff who will identify the offenders.
Is there a motion to adopt the ordinance on final reading and direct for its publication
as required by law?
B. Final Reading of an Ordinance Amending Title 7 Police Regulations Chapter 18
Snow Emergency Regulations
Presented for City Council’s consideration is the final reading of an ordinance
amending Title 7 Police Regulations, Chapter 18 Snow Emergency Regulations. The
proposed ordinance amendment will designate staff members who will work with the
Police Department in enforcement of the ordinance.
Is there a motion to adopt the ordinance on final reading and direct for its publication
as required by law?
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C. Resolution Approving the Partial Vacation of an Existing Utility Easement in the
Cobblestone Ridge Replat of Phase II in the City of Muscatine
Presented for City Council’s consideration is a resolution approving the partial
vacation of an existing utility easement in the Cobblestone Ridge Replat of Phase II
in the City of Muscatine. As stated in the public hearing, the owners are requesting
that a portion of the existing utility easement be vacated, a new easement created, and
the changes recorded for future reference.
Is there a motion to adopt the resolution as submitted?
D. Resolution Setting a Public Hearing on a Proposed Development Agreement with
H.J. Heinz Company LP
Presented for City Council’s consideration is a resolution setting a public hearing on
a proposed development agreement with H.J. Heinz Company LP. On January 21,
2010, City Council adopted an Urban Renewal Plan for the 2010 Industrial Urban
Renewal Area. At this time, the city is proposing the approval of a development
agreement with H.J. Heinz Company LP with respect to the construction of new
facilities for the company’s business operations. The proposed development
agreement would provide financial incentives to the company in the form of
incremental property tax payments in an amount not to exceed $425,000. Prior to the
approval of the development agreement, a public hearing is required. This public
hearing will be held on Thursday, June 17, 2010, at 7 p.m. in the City Hall Council
Chambers.
Is there a motion to adopt the resolution as submitted?
E. Resolution Approving Grant Agreement with the Federal Aviation Administration for
the Acquisition of Snow Removal Equipment
Presented for City Council’s consideration is a resolution approving a grant
agreement with the FAA for the acquisition of snow removal equipment. On May 6,
2010, City Council took action to accept the low bid from Elder Implement Company
in the amount of $122,727.68 for the acquisition of a snow removal tractor for the
Muscatine Municipal Airport. The next step in this process is the approval of the
grant agreement with the FAA. Once the agreement has been executed by the FAA,
the city will proceed with the purchase of the equipment.
Is there a motion to adopt the resolution as submitted?
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F. Resolution Accepting Completed Work Performed Under the W. 3
rd
/Chestnut Street
Parking Lot Project and Authorizing Final Payment
Presented for City Council’s consideration is a resolution accepting completed work
performed under the W. 3
rd
/Chestnut Street Parking Lot Project and authorizing final
payment. On August 6, 2009, City Council awarded the contract for this project to
Sulzberger Excavating in the amount of $394,086.25. The net change order amount
was $31,897.75 and other quantity adjustments increased the total project cost to
$431,520.20. Work on the project has been completed and inspected by the city
engineer and has met the plans and specifications adopted by Council. It is staff’s
recommendation the work be accepted and final payment made to Sulzberger
Excavating.
Is there a motion to adopt the resolution as submitted?
G. Resolution Accepting Completed Work Performed Under the Clay Street Inlay
Project and Authorizing Final Payment
Presented for City Council’s consideration is a resolution accepting completed work
performed under the Clay Street Inlay Project and authorizing final payment. On May
21, 2009, City Council awarded the contract for this project to Vieth Construction
Corporation in the amount of $912,267.20. This project included the reconstruction of
Clay Street from Isett Avenue to Park Avenue. The net change order amount was
$13,227.96 and other quantity adjustments increased the total project cost to
$928,698.48. Work on the project has been completed and inspected by the city
engineer and has met the plans and specifications adopted by Council. It is staff’s
recommendation the work be accepted and final payment made to Vieth Construction
Corporation.
Is there a motion to adopt the resolution as submitted?
H. Resolution Setting Public Hearing on Proposed Automated Curbside Recycling
Program
Presented for City Council’s consideration is a resolution setting a public hearing on
a proposed automated curbside recycling program. At the May In-Depth meeting, city
staff gave a presentation on the implementation of automated curbside recycling and
the costs associated with the program. The proposed cost per resident would be $1.69
per month. If the program is approved by Council, recycling trailers would be
removed from locations around the City of Muscatine with one recycling drop-off
location at the Muscatine Recycling Center and Transfer Station. Prior to any formal
action by City Council, a public hearing is required. This public hearing will be held
on Thursday, June 17, 2010, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
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I. Resolution Approving New Bank Account at Central State Bank
Presented for City Council’s consideration is a resolution approving a new bank
account at Central State Bank. The city has checking, money market and savings
accounts with First National Bank, Central State Bank, and Community Bank. The
city’s Investment Policy provides that the city solicit bids for investment of city funds
generally in the form of Certificates of Deposit from these three banks as well as
IPAIT (Iowa Public Agency Investment Trust). With the current very low interest
rates, there has been little interest in submitting bids for city investments. In recent
months the rates on money market accounts have been higher than those that would
be earned on CD’s if bids would be received. This has resulted in the majority of city
funds being held in money market accounts at First National Bank. The city will be
receiving proceeds from the recent bond issue on June 1
st
which will further increase
the balances in those accounts; therefore, First National Bank has requested the city
consider placement of some of the increased funds in U.S. Treasury securities or
other banking institutions. Central State Bank has offered a money market account at
a fixed rate of .25%.
Is there a motion to adopt the resolution as submitted?
J. Resolution Setting Public Hearing on the Plans, Specifications, Form of Contract,
Cost Estimate and Setting Bid Opening Date for the Sunset Park Resident Addition
Presented for City Council’s consideration is a resolution setting a public hearing on
the plans, specifications, form of contract, cost estimate and setting a bid opening
date for the Sunset Park Resident Addition. On May 20, 2010, City Council
authorized the Housing Administrator to enter into a professional planning and design
service contract with Neumann Monson for a 1,200 square foot addition to the
existing Sunset Park office building. It is now necessary to adopt the resolution
relating to the construction of the addition. Prior to any formal action by City
Council, a public hearing is required. This public hearing will be held on Thursday,
June 17, 2010, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
K. Request to Approve the City’s Insurance Renewal Effective July 1, 2010
Presented for City Council’s consideration is a request to approve the city’s insurance
renewal effective July 1, 2010. As outlined in the Executive Summary provided by
Holmes Murphy, it is their recommendation that the city renew its property/casualty
policy with Traveler’s Insurance Company and Workers’ Compensation coverage
with United Heartland.
Is there a motion to approve the request as submitted?
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L. Request to Approve Contract Renewal Between the City of Muscatine and Genesis
Employee Assistance Program
Presented for City Council’s consideration is a request to approve the contract
renewal between the City of Muscatine and Genesis Employee Assistance Program.
The city has been contracting with Genesis Health Systems to provide this service for
a number of years. This benefit has been heavily utilized by city employees. The
current contract expires June 30, 2010.
Is there a motion to approve the request as submitted?
M. Request to Approve the Contract Between the Teamsters, Chauffeurs, and Helpers
Local #238 and the City of Muscatine
Presented for City Council’s consideration is a request to approve the contract
between the Teamsters, Chauffeurs, and Helpers Local #238 and the City of
Muscatine. This agreement covers the Blue/White Bargaining Unit and is effective
July 1, 2010 through June 30, 2011.
Is there a motion to approve the request as submitted?
N. Request Authorizing Agreement with Shoemaker-Haaland for Design of Colorado
Street from Park Avenue to University Drive
Presented for City Council’s consideration is a request to authorize an agreement with
Shoemaker-Haaland for design of Colorado Street from Park Avenue to University
Drive. This street has been earmarked in the city’s Capital Improvement Program for
reconstruction from a “rural” road to a collector street. In addition, $1.2 million is
available through the Federal Surface Transportation Improvement Program (STIP) to
fund the project. Colorado Street services many businesses, schools, residences and
Weed Park and the volume of traffic now exceeds the capacity to move vehicles
efficiently. Shoemaker-Haaland was responsible for the initial Concept Study
submitted to the Iowa Department of Transportation which secured the STIP funds to
do the project. Therefore, it is staff’s recommendation the design contract be awarded
to Shoemaker-Haaland at a cost of $190,550.
Is there a motion to approve the request as submitted?
O. Request to Purchase TKN Digestion Unit for the Water Pollution Control Plant
Presented for City Council’s consideration is a request to purchase a TKN Digestion
Unit for the Water Pollution Control Plant. The current unit is no longer functioning
and the cost of sending out samples for testing will be approximately $200 a week.
This unit is used for operation purposes and will be required under a new permit to
test on a more frequent basis. In addition, this unit is used to test samples for some of
the local industries. This purchase will be funded within the overall operating budget
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of the Water Pollution Control Plant. Staff has authorized the purchase of this piece
of equipment in the amount of $8,415 and it would now be appropriate for City
Council to officially endorse this purchase.
Is there a motion to approve the request as submitted?
P. Request to Approve Agreement for Biosolids Application
Presented for City Council’s consideration is a request to approve an agreement
between the City of Muscatine and F&J Hahn Inc. and George B. Hahn Inc. for the
application of liquid biosolids on agricultural land. The distribution of the liquid
biosolids by the Water Pollution Control Plant will begin June 3, 2010 and will
continue for a five-year period.
Is there a motion approve the request as submitted?
Q. Request to Approve Agreement Between Eastern Iowa Community College
District/Muscatine Community College and the City of Muscatine for
Video/Cablecast Services
Presented for City Council’s consideration is a request to approve a 28E agreement
between Eastern Iowa Community College District/Muscatine Community College
and the City of Muscatine for video/cablecast services. This agreement replaces the
existing 28E Agreement and will be effective July 1, 2010 through June 30, 2013.
Is there a motion to approve the request as submitted?
R. Request from Police Department to Submit a Grant Application for the 2010 COPS
Hiring Program
Presented for City Council’s consideration is a request from the Police Department to
submit a grant application for the 2010 COPS Hiring Program. The Police
Department has been notified they are eligible to update and resubmit their
application for the hiring of two police officers. The grant, if received, would pay the
entry level salary and benefits for these positions for three years. Under the grant
program, the city would be required to maintain the two positions for at least a fourth
year after the grant ends and would be responsible for any increase in the officers’
salaries and benefits.
Is there a motion to approve the request as submitted?
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S. Request Authorization to Enter an Agreement with the Iowa Department of
Transportation for an Earmark Funded Project: New Era Road from Highway 22 at
Wild Cat Den Avenue to Weed Park
Presented for City Council’s consideration is a request for authorization to enter into
an agreement with the Iowa Department of Transportation for an earmark funded
project: New Era Road from Highway 22 at Wild Cat Den Avenue to Weed Park.
Muscatine County and Scott County received a federal earmark of $493,069.50 each
for the construction of segments of the Mississippi River Trail (MRT) which is
intended to eventually connect both counties with a pedestrian/walking trail. The city
and Muscatine County will use their funds to continue the MRT from Weed Park
through the Bridgestone/Bandag campus then east along property owned by HNI
crossing University Avenue and intersecting Solomon Road then north to New Era
Road with the destination of Wild Cat Den. The plans have been submitted to the
IDOT with an anticipated bid letting in August 2010.
Is there a motion to approve the request as submitted?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – May 10 & 17, 2010
B. Planning & Zoning Commission – April 13, 2010
C. Airport Advisory Commission – April 19, 2010
D. Senior Resources – April 27, 2010
E. MP&W – Communications Utility – April 2010
F. MP&W – Electric Utility – April 2010
G. MP&W – Water Utility – April 2010
H. Joint Communications Commission – May 13, 2010
I. MPW Board – April 27, 2010
14.
APPROVAL OF BILLS
It is recommended bills totaling $4,057,805.58, as well as receipt summaries and journal
entries for February 2010, 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).
15.
COMMUNICATIONS - COUNCIL MEMBERS
16.
OTHER BUSINESS
A. Request approval to go into Closed Session to discuss union negotiations
17. ADJOURNMENT
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