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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, MAY 21, 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 – May 7, 2009
B. In-Depth Council Meeting – May 14, 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 – A-D
*
13 – A-B
* Bills*
* Approval of attached Bills for Approval totaling $1,944,614.50, as well as February
2009 receipt summaries and journal entries, is subject to the approval of any related
agenda item(s).
8.
PUBLIC HEARING
A. Proposed 2009/2010 Disadvantaged Business Enterprise Goals
Previously City Council took action to establish a public hearing for the proposed
2009/2010 Disadvantaged Business Enterprise goals. As a recipient of federal funds,
the city is required to establish goals under the DBE program to promote the hiring
and usage of qualifying firms. Previous DBE goals now need to be revised based
upon the city’s experience in successfully soliciting firms that qualify to bid on
federally funded projects. Based on previous experience, it is being recommended
that the 2009/2010 fiscal year DBE for Federal Aviation Administration funds and
3.3% for Federal Highway funds. Prior to any formal action by Council, a public
hearing is required.
Now is the time for the public to comment on the proposed 2009/2010 DBE goals.
B. Proposed Amendment #2 to the 2008/2009 City Budget
Presented for City Council’s consideration is the proposed Amendment #2 to the
2008/2009 city budget. Each fiscal year the City Council takes the opportunity to
amend the current fiscal year budget twice. At this time that second amendment is
being submitted for City Council review and public comment. The proposed
amendment will increase the total budgeted expenditures to the city by $1,272,800
with budgeted transfers to increase by $162,300 for a total expenditure change of
$1,435,100. City budgeted revenues are proposed to be amended by $289,300 which
includes $162,300 of funding transfers in. Of the total requested amendment,
$870,000 relates to capital projects. General Fund revenues are proposed to be
amended by $140,700 which includes transfers from the Road Use Tax, Ambulance
Fund, Health Insurance Fund, and the Employee Benefit Fund. Prior to any formal
action by City Council, a public hearing is required.
Now is the time for the public to comment on the proposed Amendment #2 to the
2008/2009 city budget.
C. Proposed Tennis Court Construction Project
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Previously City Council took action to set a public hearing on the proposed Tennis
Court Construction Project. City Council had taken action to authorize this project to
move forward and outside design services were secured to assist the city staff in
establishing parameters of the project and other separate guidelines. If approved, it is
anticipated this will be a summer construction project with a September 2009
completion date. The project will consist of replacing the two court system in the
west side of Weed Park and building two new courts adjacent to the courts to be
replaced. Prior to any formal action, a public hearing is required.
Now is the time for the public to comment on the proposed Tennis Court
Construction Project.
9.
PETITIONS AND COMMUNICATIONS
A. Request on first reading for a new Class BW Beer/Wine Permit with Outdoor Service
for Elly’s Tea & Coffee House LLC, 208 W. 2
nd
Street #8 – Elouise M. Lloyd
(pending inspections and receipt of final paperwork)
B. Request on second reading for a new Class C Liquor License and Sunday Sales
Permit for La Guadalajara, 203 E. 2
nd
Street – La Guadalajara Restaurant LLC
C. Request for renewal of a Class C Liquor License and Sunday Sales Permit for El
Allende, 1107 Grandview Avenue – El Allende Inc.
D. Request for renewal of a Class B Liquor License and Sunday Sales Permit for
Holiday Inn Muscatine, 2915 North Highway 61 – Jelms Hotel Company LLC
E. Request for new Cigarette/Tobacco Permit for Highway 61 Fuels LLC, 3103
Highway 61 North
10.
FROM THE MAYOR
11.
FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Setting a Public Hearing on the Voluntary Annexation for Frank and Cleo
Bermel
Presented for City Council’s consideration is a resolution setting a public hearing on
the voluntary annexation for Frank and Cleo Bermel. In December 2008 the City
Council approved a pre-annexation agreement with Frank and Cleo Bermel and
Ripley’s Development Corporation to facilitate the voluntary annexation of
approximately 144 acres. The pre-annexation agreement stipulates the city will
participate in the design of a new public sanitary sewer line extension, lift station,
permitting Ripley’s Mobile Home Court to connect to the new sewer line, zoning
change for both properties, and providing for hard surfacing for a portion of the
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Bermel driveway that is used by the Muscatine schools as a turnaround point. In May
the city’s Planning and Zoning Commission had reviewed and recommended for
approval this action by City Council. 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 voluntary
annexation for Frank and Cleo Bermel for Thursday, June 18, 2009, at 7 p.m.?
B. Resolution Setting a Public Hearing on the Voluntary Annexation for Ripley’s Land
Development
Presented for City Council’s consideration is a resolution setting a public hearing on
the voluntary annexation for the Ripley’s Land Development Corporation. In
December 2008 the City Council approved a pre-annexation agreement with Ripley’s
Land Development Corporation to facilitate the voluntary annexation of
approximately 42 acres. The pre-annexation agreement stipulates the city will
participate in the design of a new public sanitary sewer line extension, lift station,
permitting Ripley’s Mobile Home Court to connect to the new sewer line, and zoning
change. In May the city’s Planning and Zoning Commission had reviewed and
recommended for approval this action by City Council. 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 voluntary
annexation for the Ripley’s Land Development Corporation for Thursday, June 18,
2009, at 7 p.m.?
12.
FROM THE CITY ADMINISTRATOR
A. Resolution Approving the City of Muscatine’s 2009/2010 Disadvantaged Business
Enterprise Goals
Presented for City Council’s consideration is a resolution approving the City of
Muscatine’s 2009/2010 Disadvantaged Business Enterprise goals. Previously a public
hearing was held to receive comment on the reestablishment of the city’s DBE goals
for both Federal Aviation Association and Federal Highway Administration projects.
The new goals, if adopted, will require a goal of 3.8% participation by qualifying
firms for FAA projects and a goal of 3.3% for qualifying firms for the FHWA
programs.
Is there a motion to adopt the resolution approving the City of Muscatine’s
2009/2010 DBE goals?
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B. Resolution Approving Amendment #2 to the 2008/2009 City Budget
Presented for City Council’s consideration is a resolution approving Amendment #2
for the 2008/2009 city budget. Each fiscal year the City Council takes the opportunity
to amend the current fiscal year budget twice. At this time that second amendment is
being submitted for City Council review and public comment. The proposed
amendment will increase the total budgeted expenditures to the city by $1,272,800
with budgeted transfers to increase by $162,300 for a total expenditure change of
$1,435,100. City budgeted revenues are proposed to be amended by $289,300 which
includes $162,300 of funding transfers in. Of the total requested amendment
$870,000 relates to capital projects. General fund revenues and proposed to be
amended by $140,700 which includes transfers from the Road Use Tax, Ambulance
Fund, Health Insurance Fund, and the Employee Benefit Fund.
Is there a motion to adopt the resolution approving Amendment #2 to the 2008/2009
city budget?
C. Resolution Approving Plans, Specifications, Form of Contract, Cost Estimate and
Setting the Bid Opening Date for the Tennis Court Construction Project
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract, cost estimate and setting the bid opening date for the
Tennis Court Construction Project. Previously a public hearing was held to receive
comment on the proposed project. It includes the construction of four new tennis
courts consisting of cast-in-place concrete court, chain link fencing, and all court
amenities including markings, hitting walls, and site grading. The estimated cost of
the project is $276,308.
Is there a motion to adopt the resolution approving the plans, specifications, form of
contract, cost estimate and setting the bid opening date for the Tennis Court
Construction Project for Friday, June 12, 2009?
D. Resolution Authorizing Mayor to Sign Subordination Agreement for 312 Gilbert
Street
Presented for City Council’s consideration is a resolution authorizing the Mayor to
sign a subordination agreement for 312 Gilbert Street. Alvin and Sandra Halpain have
participated in the city’s 2006 housing fund rehabilitation program. As part of the
program, a mortgage agreement between the city and the Halpains was recorded in
January 2007. The Halpains now wish to refinance the property. In the past the city
has taken a subordinate position when requested to do so for refinancing purposes.
The Council is being petitioned at this time for that action.
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Is there a motion to adopt the resolution authorizing the Mayor to sign a
subordination agreement for 312 Gilbert Street?
E. Resolution Releasing Real Estate Mortgage Under the 2003 CDBG Owner-Occupied
Residential Rehabilitation Program
Presented for City Council’s consideration is a resolution releasing a real estate
mortgage under the 2003 CDBG Owner-Occupied Residential Rehabilitation
Program. Abelino and Enedina Fernandez participated in the 2003 CDBG program.
The project was completed May 14, 2004. As part of the terms of the agreement, the
final 20% of the loan is now eligible to be forgiven. This is the third of 11 mortgages
that are eventually expected to be released by the city under the 2003 housing
rehabilitation program.
Is there a motion to adopt the resolution releasing a real estate mortgage for Abelino
and Enedina Fernandez under the 2003 CDBG Owner-Occupied Residential
Rehabilitation Program?
F. Resolution Setting Public Hearing to Approve Plans, Specifications, Form of
Contract, Cost Estimate and Establish a Bid Opening Date for the Muscatine Bridge
Tribute Plaza and Bike Trail Kiosk
Presented for City Council’s consideration is a resolution setting a public a hearing to
approve plans, specifications, form of contract, cost estimate and establishing a bid
opening date for the Muscatine Bridge Tribute Plaza and Bike Trail Kiosk.
Previously the city applied and secured IDOT funding on behalf of Leadership
Muscatine for both of the referenced projects. As the two projects moved through the
review process, it was decided they should be combined on a single site. As a result,
the city now has the combined project that has to be referred to individually for
accounting purposes. The city secured outside engineering services to assist in this
process. The next step would include the establishment of a public hearing to receive
public comment prior to bids being solicited.
Is there a motion to adopt the resolution setting a public hearing to approve the plans,
specifications, form of contract, cost estimate and establishing a bid opening date for
the Muscatine Bridge Tribute Plaza and Bike Trail Kiosk for Thursday, June 4, 2009,
at 7 p.m.?
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G. Resolution Approving the 2009/2010 Non-Union Pay Plan
Presented for City Council’s consideration is a resolution approving the 2009/2010
Non-Union Pay Plan. Each year, prior to the beginning of the new fiscal year,
Council takes action to establish a new pay plan for those individuals not covered
under union contracts. This year’s plan reflects a 2% increase to the existing pay
ranges and steps included in the city’s budget.
Is there a motion to adopt the resolution approving the 2009/2010 Non-Union Pay
Plan?
H. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and
Setting Bid Opening Date for the 2009 Curb and Gutter and Street Maintenance
Program
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract, cost estimate and setting the bid opening date for the
2009 Curb and Gutter and Street Maintenance Program. This year’s program will
focus on full depth patching and curb and gutter replacement primarily on Kindler
Avenue. The city will also be installing handicap ramps at 20 intersections. In
addition, ancillary sidewalk replacement will be required. Funding for this project
will be from the 2009 Pavement Management Program and CBD TIF District.
Is there a motion to adopt the resolution approving the plans, specifications, form of
contract, cost estimate and setting the bid opening date for the 2009 Curb and Gutter
and Street Maintenance Program for June 5, 2009?
I. Resolution Awarding the Contract for the Clay Street Inlay Project
Additional information will be supplied at Thursday night’s meeting.
J. Resolution Authorizing the Assessment of Unpaid Abatement Costs to Private
Property Owners
Presented for City Council’s consideration is a resolution authorizing the assessment
of unpaid abatement costs to private property owners. Periodically city staff provides
City Council with an update and a request for authorization to assess unpaid
abatement costs to private property owners for action taken over the last several
months. This particular request involves 29 separate incidences where nuisances had
to be abated. The total request for these actions is $5,036.83.
Is there a motion to adopt the resolution authorizing the assessment of unpaid
abatement costs to private property owners?
K. Resolution Writing Off Debts of Certain Former Public Housing Tenants
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Presented for City Council’s consideration is a resolution writing off debts of certain
former public housing tenants. Each year the city is presented with a list of
individuals who have outstanding and uncollectible debts from the city’s public
housing units. This year a total of $2,141.97 is owed through the city’s housing
operation. Prior to this action being forwarded for Council’s consideration, all
attempts are made to collect these debts. In addition, all outstanding debts must be
reconciled with the housing department before any individual who owes money is
allowed to participate in the program again.
Is there a motion to adopt the resolution writing off debts of certain former public
housing tenants?
L. Resolution Approving the Final Plat for the Subdivision of Lot 3 in Taylor Land
Development
Presented for City Council’s consideration is a resolution approving the final plat for
the subdivision of Lot 3 in Taylor Land Development. On May 12, 2009 the city’s
Planning and Zoning Commission reviewed and approved the subdivision of Lot 3 in
Taylor Land Development, a light industrial subdivision off of Highway 61. The
purpose of the subdivision request is to allow for a 1.25 acre parcel intended for
commercial use.
Is there a motion to adopt the resolution approving the final plat for the subdivision of
Lot 3 in Taylor Land Development?
M. Resolution Approving the Final Plat for The Meadows for Ripley’s Land
Development
Presented for City Council’s consideration is a resolution approving the final plat for
The Meadows for Ripley’s Land Development. On May 12, 2009 the city’s Planning
and Zoning Commission reviewed and approved the combination preliminary/final
plat for The Meadows, a one lot residential subdivision located in Muscatine County
within two miles of the corporate limits of the City of Muscatine. This subdivision is
part of the Bermel and Ripley’s voluntary annexation proposal. Once the annexation
is approved, the owner intends to transfer the property to a developer for future
residential development.
Is there a motion to take action by resolution approving the final plat for The
Meadows for Ripley’s Land Development?
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N. Resolution Authorizing Administrative Policy Changes to the Section 8 Tenant Based
Housing Choice Voucher Program
Presented for City Council’s consideration is a resolution authorizing administrative
policy changes to the Section 8 Tenant Based Housing Choice Voucher Program. On
May 8, 2009 the city received the new calendar year 2009 housing assistance
payment budget from HUD. The budget is comparable to prior projections but HUD
has chosen to reduce the reserve by $50,000. The unexpected reduction in reserves is
needed to ensure housing assistance payments do not exceed the calendar year’s
budgeted authority. In light of this unexpected action, city staff is requesting that the
payment standard from 110% to 100% of HUD determined fair market value rent be
established. This step will help reduce our total monthly payment throughout the next
24 month period.
Is there a motion to adopt the resolution authorizing administrative policy changes to
the Section 8 Tenant Based Housing Choice Voucher Program?
O. Resolution Approving Preliminary/Final Plat for the Wilson Acres
Presented for City Council’s consideration is a resolution approving the
preliminary/final plat for the Wilson Acres. On May 13, 2009 the city’s Planning and
Zoning Commission reviewed and approved the combined preliminary/final plat for
Wilson Acres, a one-lot industrial subdivision located within the two mile corporate
limits of the City of Muscatine. The Commission did not recommend the installation
of sidewalks because the subdivision does not involve new construction and is
located in the middle of a large agricultural area which is not likely to be developed
as residential in the foreseeable future.
Is there a motion to adopt the resolution approving the preliminary/final plat for the
Wilson Acres?
P. Resolution Setting Public Hearing for ARRA Capital Projects
Presented for City Council’s consideration is a resolution setting a public hearing for
ARRA Capital Projects. With the passage of the American Recovery and
Reinvestment Act of 2009, monies were made available to public housing units for
energy efficient upgrades. The city received funding to conduct such upgrades at the
Sunset Park housing facility. Bids received for furnaces and air conditioners were
much more competitive than anticipated which allowed for the ability to add new
energy efficient hot water heaters for the same original budgeted cost estimate. Prior
to any formal action to pursue these improvements, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing for adjustments to
the public housing capital funding plan for Thursday, June 4, 2009, at 7 p.m.?
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Q. Request Approval of the Construction Administration Agreement with Fox
Engineering for the Phase 4 Landfill Cell Expansion
Presented for City Council’s consideration is a request to approve the construction
administration agreement with Fox Engineering for the Phase 4 Landfill Cell
Expansion. As the city prepares to move forward with the landfill expansion plan, it
is being recommended that outside engineering services to assist with construction
administration, resident project representation, and construction staking be accepted
from Fox Engineering. A total amount not-to-exceed $44,000 has been identified. Of
the project, $26,000 is estimated at this time and is anticipated to be lower than the
estimate.
Is there a motion to approve the construction administration agreement with Fox
Engineering for the Phase 4 Landfill Cell Expansion?
R. Request Approval of 28E Agreement with the City of Fruitland for Refuse Collection
Services
Presented for City Council’s consideration is a request to approve a 28E agreement
with the City of Fruitland for refuse collection services. As was presented previously,
the City of Fruitland wishes to contract with the City of Muscatine for refuse
collection services. An agreement for such services has been prepared and reviewed
by both city attorneys. The contract calls for refuse collection services in the City of
Fruitland. In addition, residents will receive other services excluding leaf pickup
services under the terms and conditions of this contract. A single point of billing to
the City of Fruitland is provided. Residents will pay the current rate that was
approved for city residents at $18.25 per month for residential customers.
Is there a motion to approve the 28E agreement with the City of Fruitland for refuse
collection services?
S. Request Authorization to Enter Into a Joint Participation Agreement to Implement a
Federal Transit Administration Non-Urban Operating Assistance Project
Presented for City Council’s consideration is a request for authorization to enter into
a joint participation agreement too implement a Federal Transit Administration Non-
Urban Operating Assistance Project. MuscaBus has received a joint participation
agreement in the amount of $276,275 from the Iowa Department of Transportation to
purchase three buses. One bus will be 100% funded and the remaining two will
receive 80% funding. In addition, the agreement also includes $52,475 for
approximately two years of operating expenses for a Muscatine/Wilton shuttle.
Is there a motion to authorize a joint participation agreement with the IDOT to
implement a FTA Non-Urban Operating Assistance Project?
T. Request to Use Sunset Park Parking Lot for Residents Association Fundraising
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Presented for City Council’s consideration is a request to use the Sunset Park parking
lot for Residents Association Fundraising. The Residents Association has approached
city staff to inquire as to the possibility of pursuing fundraising events which would
allow for them to charge for parking for patrons using the soccer complex who wish
to park at the Sunset Park complex. Prior to this request, the Sunset Park housing area
has been restricted to residents only during soccer events. The Residents Association
has identified dates in June and August when they would like to undertake this
activity. Prior to the implementation of this program, Council authorization is
required.
Is there a motion to approve the use of the Sunset Park parking lot for the Residents
Association fundraising?
U. Request to Declare Police Department Vehicle as Surplus
Presented for City Council’s consideration is a request to declare a Police Department
vehicle as surplus. Working through the area Drug Taskforce, the city has titled to it a
vehicle for use by the taskforce. The city provides the insurance and maintenance of
the vehicle. At this time the taskforce would request the vehicle be declared surplus
in order to purchase a new vehicle for this activity. The new purchase price will be
the responsibility of the Drug Taskforce. Once purchased, the new vehicle will be
titled to the City of Muscatine who will provide insurance and maintenance.
Is there a motion to declare the Police Department vehicle as surplus?
V. Request Approval of RFQ for Selection of City Administrator
Presented for City Council’s consideration is a request to approve an RFQ for the
selection of a City Administrator. At last week’s in-depth meeting, an overview was
provided to Council concerning the selection of a new City Administrator. Following
that discussion, City Council agreed to formally authorize the solicitation of
proposals from qualified public sector executive recruiting firms to assist the city in
the selection process. These activities would be coordinated by the Human Resources
Manager.
Is there a motion to approve the solicitation of RFQ’s for the selection of a City
Administrator?
W. Request Approval to Appoint Interim City Administrator
Presented for City Council’s consideration is a request to approve the appointment of
an Interim City Administrator. With the resignation of the current City Administrator,
it is necessary for Council to appoint an Interim City Administrator until a permanent
replacement has been found. It is being recommended that Public Works Director
Randy Hill who currently serves in an Acting City Administrator capacity be
appointed to this position. This appointment would be effective June 27, 2009
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through the time a permanent replacement is found. If Council concurs with this
recommendation, a salary adjustment of 15% would also be recommended to take
place. In addition, there would be a segregation of other duties to assist in the
transition period that would be assigned to Planning, Zoning and Building Safety
Director Steve Boka. It is recommended that his salary be adjusted by 7 ½%.
Is there a motion to approve the appointment of Randy Hill as the Interim City
Administrator and to make adjustments in the segregation of duties as well as salary
adjustments?
X. Request Approval of New Park Shelter
Presented for City Council’s consideration is a request to approve a new park shelter.
The shelter to be replaced was damaged during the 2009 wind storm. Funding to
replace the shelter will be provided through FEMA and through the city’s insurance
program. There was $12,000 included in the budget cycle for this replacement. After
a solicitation of proposals for the shelter, it is recommended the shelter be replaced
by Premier Recreation in the amount of $9,490.
Is there a motion to approve the issuance of a purchase order to Premier Recreation
for the replacement of the West Shelter at Weed Park?
Y. Request Authorization to Apply for Trail Grants
Following the discussion at last week’s in-depth meeting, City Council authorized
staff to proceed with the grant application for trails as part of the Cedar Street
Reconstruction Project. In all, four grants will be prepared for submittal to state and
federal sources for grant dollars. Of the four grants, one is 100% federally funded,
one will require a 30% match, one a 25% match, and the final one a 20% match.
Is there a motion to approve making application for trail funding for the Cedar Street
Reconstruction Project?
14.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – April 23 & 27, 2009 and May 4, 2009
B. Planning and Zoning Commission – March 10, 2009
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14.
APPROVAL OF BILLS
It is recommended bills totaling $1,944,614.50, as well as February 2009 receipt
summaries and journal entries, 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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