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COUNCIL
Osama Shihadeh
At Large
Dick O'Brien
Mayor
Robert Howard
At Large
Robert Bynum
4
th
Ward
Phil Fitzgerald
1
st
Ward
Dyann Roby
5th Ward
2009 MEETING SCHEDULE
Marie Press
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
A.J. Johnson
City Administrator
January 8 & 15
July 2 & 16
January 8
July 9
February 5 & 19
August 6 & 20
February 12
(None in August)
March 5 & 19
September 3 & 17
March 12
September 10
April 2 & 16
October 1 & 15
April 9
October 8
May 7 & 21
November 5 & 19
May 14
November 12
June 4 & 18
December 3 & 17
June 11
December 10
AGENDA
THURSDAY, MARCH 19, 2009
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. OPENING PRAYER
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
6.
MINUTES - APPROVAL
A. City Council Meeting – March 5, 2009
B. In-Depth Council Meeting – March 12, 2009
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
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Member or citizen so requests, in which event the item will be removed from the Consent
Agenda and considered in its normal sequence from the Agenda.
*
9 –
*
13 – A-B
* Bills*
* Approval of attached Bills for Approval totaling $1,577,183.50, as well as receipt
summaries for October through December 2008 and January 2009 and journal entries
for January 2009, is subject to the approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Loan Agreement for Downtown Urban Renewal Area Projects
Previously City Council took action to establish a public hearing to receive public
comment on the proposed loan agreement for Downtown Urban Renewal Area
Projects. These projects will include a number of public improvements in the
Downtown Urban Renewal Area proposed to be funded from tax increment bond
proceeds. The projects include improvements to parking lots, handicap access ramps,
alley improvements, and the resurfacing of Cedar Street between Mississippi Drive
and 6
th
Street. Additionally there will be funds built into this loan agreement to assist
in flood recovery that was not covered by the State of Iowa or by FEMA. The
estimated loan agreement is estimated at $1,750,000. Prior to any formal Council
action, a public hearing is required.
Now is the time for the public to comment on the proposed loan agreement for
Downtown Urban Renewal Area Projects.
9.
PETITIONS AND COMMUNICATIONS
A. Request for Use of City Property for Farmers Market
Presented for City Council’s consideration is a request to use city property for the
Farmers Market for 2009. Annually the city receives a request from the Muscatine
Farmers Market through the Downtown Action Alliance to conduct their Saturday
morning market beginning May 2, 2009 and ending October 31, 2009. The hours of
operation are 7:30 to 11:30 a.m. The location for the market is the parking lot
between Sycamore and Cedar streets along Mississippi Drive.
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Is there a motion to approve the request for the use of city property for the annual
Farmers Market?
B. Request for Use of City Property for Bishop Hayes 5K Road Race
Presented for City Council’s consideration is a request to approve the use of city
property for the annual Bishop Hayes 5K Road Race. The road race, which will be
held on April 18, 2009, will follow a route on Cedar Street from Bishop Hayes
School to Houser Street, down to Fulliam Avenue, back to Cedar Street and will
conclude at the school. It is estimated that approximately 500 people will be
participating in this event. The time of the event will be from 8 to 10 a.m.
Is there a motion to approve the use of city property for the Bishop Hayes 5K Road
Race?
10.
FROM THE MAYOR
11.
FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Setting a Public Hearing to Consider the Vacation and Transfer of City
Real Estate – Unimproved McClellan Street Right-of-Way
Presented for City Council’s consideration is a resolution setting a public hearing to
consider the vacation and transfer of city real estate – the unimproved McClellan
Street right-of-way. The city has received a vacation request from the Muscatine
School District to have the city vacate and transfer a portion of the unimproved
McClellan Street right-of-way south of McArthur Street. This right-of-way runs
parallel to the property line located west of Madison Elementary School. The purpose
of this request is to allow the district to develop and expand a proposed parking lot as
part of the expansion/remodeling of the school. The remaining portion of the alley
right-of-way will be sold and transferred to Linda and Gary Newcomb, owners of an
adjacent lot. Prior to any formal action by Council, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing for Thursday, April
2, 2009, at 7 p.m. concerning the vacation and transfer of city real estate?
12.
FROM THE CITY ADMINISTRATOR
A. Second Reading of an Ordinance Amending Title 1, Administrative, Chapter 6,
Mayor and City Council, Section 2, Salary of Mayor
Presented for City Council’s consideration is the second reading of an ordinance
amending Title 1, Administrative, Chapter 6, Mayor and City Council, Section 2,
Salary of Mayor. During the recent budget review sessions, the City Council
determined they wish to adjust the salary of the position of Mayor by $1,000. In
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accordance with State Code, this action must be taken prior to the next general
election and will not become effective until January 1, 2010.
Is there a motion to approve the second reading of an ordinance amending Title 1,
Administrative, Chapter 6, Mayor and City Council, Section 2, Salary of Mayor?
B. Second reading of an ordinance amending Title 9, Chapter 4, Section 3 of the City
Code.
Presented for City Council’s consideration is the second reading of an ordinance
amending Title 9, Chapter 4, Section 3 of the City Code. The proposed amendment to
the ordinance will clarify and enhance the existing appeal process available to
residents and property owners when cited for nuisance-related code violations. This
change has been necessitated by a recent lawsuit involving the city and changes based
upon a recent Supreme Court ruling in the State of Iowa clarifying appeal processes
for nuisance abatements in cities.
Is there a motion to approve the second reading of an ordinance amending Title 9,
Chapter 4, Section 3 of the City Code?
C. First Reading of an Ordinance Adopting the Code of Ordinances and Supplement for
the City of Muscatine
Presented for City Council’s consideration is the first reading of an ordinance
adopting the Code of Ordinances and supplement for the City of Muscatine.
Periodically the City Council takes action to update its City Code due to changes
made by Council. This supplement includes ordinances and amendments to
ordinances adopted through action by City Council on or prior to December 31, 2008.
At this time this ordinance adopting the Code of Ordinances and supplement is
presented for Council’s consideration.
Is there a motion to approve the first reading of an ordinance adopting the Code of
Ordinances and supplement for the City of Muscatine?
D. Resolution Taking Additional Action to Enter Into a Loan Agreement for Downtown
Urban Renewal Projects
Presented for City Council’s consideration is a resolution taking additional action to
enter into a loan agreement for Downtown Urban Renewal Projects. Previously a
public hearing was held to receive public comment on the proposed improvements in
the Downtown Urban Renewal Area. It is proposed to use the Downtown Urban
Renewal Tax Increment Finance District to fund the approximate $1,750,000
improvements. The attached resolution authorizes the loan agreement for these
projects to be entered into.
Is there a motion to adopt the resolution taking additional action to enter into a loan
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agreement for the Downtown Urban Renewal Projects?
E. Resolution Authorizing Demolition of Property Located at 905 Oregon Street
Presented for City Council’s consideration is a resolution authorizing the demolition
of property located at 905 Oregon Street. The city has been working with the owners
of this property for the last several years to abate a number of nuisances. To date
those nuisances have not been addressed and the property has fallen into further
disrepair. Appropriate notices for action have been given to the property owner and
no action or appeal has been filed at this time. After exhausting all reasonable
remedies to address the nuisances at this property, it is now the recommendation of
city staff that the Council take action to abate the nuisance and demolish the home.
Is there a motion to adopt the resolution authorizing the building official to proceed
with the specified work on the premises located at 905 Oregon Street?
F. Resolution Authorizing Demolition of Property Located at 1810 Earl Avenue
Presented for City Council’s consideration is a resolution authorizing the demolition
of property located at 1810 Earl Avenue. The city has been working with the owners
of this property for the last several years to abate a number of nuisances. To date
those nuisances have not been addressed and the property has fallen into further
disrepair. Appropriate notices for action have been given to the property owner and
no action or appeal has been filed at this time. After exhausting all reasonable
remedies to address the nuisances at this property, it is now the recommendation of
city staff that the Council take action to abate the nuisance and demolish the home.
Is there a motion to adopt the resolution authorizing the building official to proceed
with the specified work on the premises located at 1810 Earl Avenue?
G. Resolution approving 28E Agreement with Muscatine County for Parking Fine
Collections
Presented for City Council’s consideration is a resolution approving the 28E
agreement with Muscatine County for parking fine collections. The city was recently
notified by the County Treasurer’s Office that a system is now available that will
allow the city to require payment of unpaid parking fines as part of vehicle
registration renewals. In order for the city to use this collection mechanism, a 28E
agreement is needed between the City of Muscatine and Muscatine County. This
agreement has been reviewed with City Council at their recent in-depth meeting and
reviewed by the appropriate legal staff. The agreement will allow for the city to send
lists of unpaid fines by license plate number to the Treasurer’s Office. That office will
add this charge plus an administrative allowance of $5 as part of the charges required
to be paid in order for an individual to renew their vehicle registration.
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Is there a motion to adopt the resolution approving the Chapter 28E Agreement
between the City of Muscatine and Muscatine County for parking fine collections?
H. Resolution Setting a Public Hearing for the 2009 Curb and Gutter and Street
Maintenance Program
Presented for City Council’s consideration is a resolution setting a public hearing for
the 2009 Curb and Gutter and Street Maintenance Program. As a component to but
independent of the street resurfacing program, the city will be engaging in
replacement and repair of a number of curb and gutter and street maintenance related
activities for 2009. Prior to any formal action by Council, a public hearing is
required.
Is there a motion to adopt the resolution setting a public hearing for Thursday, April
2, 2009, at 7 p.m. for the 2009 Curb and Gutter and Street Maintenance Program?
I. Resolution Setting a Public Hearing on the Expanded Highway 38 Northeast Urban
Renewal Area and Urban Renewal Plan Amendment
Presented for City Council’s consideration is a resolution setting a public hearing on
the expanded Highway 38 Northeast Urban Renewal Area and Urban Renewal Plan
Amendment. Through this action, the Northeast Urban Renewal Area will be
expanded to include the public right-of-ways on Colorado and Clay streets. This will
allow for remaining funds in the Northeast TIF Fund and possibly future incremental
tax funds to be used toward the local portion of the cost on one or both of these
upcoming street improvement projects. Prior to any formal action by City Council, a
public hearing is required.
Is there a motion to adopt the resolution setting a public hearing for Thursday, April
16, 2009, at 7 p.m. on the expanded Highway 38 Northeast Urban Renewal Area and
Urban Renewal Plan Amendment?
J. Resolution Setting a Public Hearing Concerning Complaints Against Cigarette Permit
Holders in Violation of Iowa Code Chapter 453A and Seeking Imposition of Civil
Penalties
Presented for City Council’s consideration is a resolution setting a public hearing
concerning complaints against cigarette permit holders in violation of Iowa Code
Chapter 453A and seeking imposition of civil penalties. Periodically the city conducts
compliance checks with local vendors as it pertains to the sale of tobacco products to
minors. When certain cigarette retail sales permit holders within the city violate the
Iowa Code, the city proceeds with the imposition of a civil penalty in the amount of
$300 for the first violation. In order to impose the penalty, the city will hold a public
hearing on April 2, 2009 at 7 p.m.
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Is there a motion to adopt the resolution setting a public hearing concerning
complaints against cigarette permit holders found to be in violation of Iowa code
Chapter 453A and seeking imposition of civil penalties for Thursday, April 2, 2009,
at 7 p.m.?
K. Resolution Setting a Public Hearing on the Installation of a Handicap Parking Stall at
1606 Indiana Street
Presented for City Council’s consideration is a resolution setting a public hearing on
the installation of a handicap parking stall at 1606 Indiana Street. The applicant is the
owner/occupant of the residence and has the required handicap tag for her vehicle.
Council has previously taken action to establish handicap parking stalls in front of
residences that are in effect until such time the resident moves from that property.
Also, there is no exclusivity to the handicap parking stall and anyone with the
appropriate handicap tags can use that stall. Prior to any formal action by City
Council, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing on the installation of
a handicap parking stall at 1606 Indiana Street for Thursday, April 2, 2009, at 7 p.m.?
L. Request to Approve Agreement with the Iowa Department of Transportation for the
Federal Highway Stimulus Program Project
Presented for City Council’s consideration is a request to approve an agreement with
the Iowa Department of Transportation for the Federal Highway Stimulus Program
Project. Earlier this year the city was notified that it would be sharing funds from the
Federal Highway Stimulus Program in the amount of $2.2 million with rural
Muscatine and rural Scott County. An equitable split was made, and the city will be
receiving approximately $733,000 to assist with the reconstruction of Clay Street
which was previously identified under the Federal Economic Stimulus Program. In
advance of the work to be undertaken, it is required that the city enter into an
agreement with the IDOT who is facilitating the distribution of the Federal Highway
Stimulus dollars.
Is there a motion to approve the agreement between the City of Muscatine and the
IDOT for the Federal Highway Stimulus Program Project?
M. Request Approval with Silverstone Group for Actuarial Services for GASB Statement
45
Presented for City Council’s consideration is a request for approval with the
Silverstone Group for actuarial services for GASB Statement 45. In order for the city
to be in compliance with national accounting standards for public entities, the city is
required to secure the services of an actuary in order to comply with those standards.
This requirement is linked to “Other Post Employment Benefits” as offered by the
city and focuses only on health and dental insurance coverage for retirees who elect
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to stay on the city’s health and dental plans. The League of Iowa Cities along with
several similar entities solicited request for proposals for GASB 45 actuarial services
on behalf of various local government entities. From that solicitation, the city has
reviewed the proposal submitted by the Silverstone Group for actuarial services. The
core GASB 45 services would be $3,250 plus $3 per active and retired employees or,
in the case of the city, an additional $690. The total cost for the service would be
$3,940. The optional service costing $1,500 to have the actuary meet with the Audit
Committee is also included in the recommendation. The total cost would be $5,440.
There was $8,000 included in this year’s budget for this service. This matter has been
reviewed and approved by the city’s Audit Committee.
Is there a motion to authorize the city to enter into an agreement with the Silverstone
Group for actuarial services for the GASB Statement 45?
N. Request to Approve Issuance of Purchase Order for Computer Upgrades
Presented for City Council’s consideration is a request to approve the issuance of a
purchase order for computer upgrades. During the recent budget review sessions, City
Council approved a revision in the 2008/2009 budget for the Finance Department to
replace the current AS400 computer hardware. This is needed in order to continue to
keep the city’s financial software up to date with periodic upgrades. The request
includes hardware and software upgrades to the system. The city’s IT Manager has
been working with vendors on this project and is recommending the city authorize the
issuance of a purchase order to ACS in the amount of $33,441.08.
Is there a motion to approve the issuance of a purchase order to ACS in the amount of
$33,441.08 for computer upgrades?
O. Request Approval of Change Order #5 for the Parallel Taxiway to the Crosswind
Runway at the Airport
Presented for City Council’s consideration is a request to approve Change Order #5
for the parallel taxiway to the crosswind runway at the airport. Change Order #5 is
reflective of the difference/adjustment for actual construction costs based on DOT
qualified materials. At the time the contract was let, both parties agreed to delay
construction until warmer and drier weather. Under federal regulations, the contractor
is allowed to adjust his contract price for material costs based on DOT revisions. This
change order is reflective of those increased costs. These changes have been reviewed
and approved by the FAA at a total cost of $40,312.96. Based on the 5% local match
requirement, the city will have an additional $2,015.65 for costs.
Is there a motion to approve Change Order #5 for the construction of the parallel
taxiway to the crosswind runway at the airport?
P. Request to Approve Dock Agreement
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Presented for City Council’s consideration is a request to approve a dock agreement.
As presented at the March in-depth meeting, the dock agreement will be between the
City of Muscatine and Pearl Button – The Boat LLC of Muscatine. The agreement
will be a 15-year period and will allow for the construction of a private dock along
the Muscatine Riverfront and to utilize and access public facilities for this activity.
The agreement outlines the charges and expenses associated with the project and
what each party will be responsible for.
Is there a motion to approve the dock agreement between the City of Muscatine and
Pearl Button – The Boat LLC?
Q. Resolution Setting a Public Hearing for Public Comment on the 2008-2009 Public
Housing Administrative Plan
Presented for City Council’s consideration is a resolution setting a public hearing for
public comment on the 2008-2009 Public Housing Administrative Plan. Recent
changes from the Department of Housing and Urban Development require less
updates but they still require an annual public hearing to receive comments on the
existing Administrative Plan in place.
Is there a motion to adopt the resolution to set a public hearing for Thursday, May 7,
2009, at 7 p.m. for public comment on the 2008-2009 Public Housing Administrative
Plan?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – February 23, 2009 & March 2, 2009
B. January 2009 NFPA Survey
14.
APPROVAL OF BILLS
It is recommended bills totaling $$1,577,183.50, as well as receipt summaries for
October through December 2008 and January 2009 and journal entries for January 2009,
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
17. ADJOURNMENT
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