1
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, APRIL 16, 2009
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. OPENING PRAYER
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
A. Swearing in of Police Officer Jeff Conard
At this time Police Officer Jeff Conard will be sworn in.
6.
MINUTES - APPROVAL
A. City Council Meeting – April 2, 2009
B. In-Depth City Council Meeting – April 16, 2009
2
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 from the Agenda.
*
9 – A-C
*
13 – A-J
* Bills*
* Approval of attached Bills for Approval totaling $2,044,950.48 is subject to the
approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Clay Street Inlay Project
Previously City Council took action to establish a public hearing on the proposed
Clay Street Inlay Project. This project includes the reconstruction of Clay Street from
Isett Avenue to Park Avenue. The construction will include the removal and
replacement of pavement, curb, and storm sewer inlets. The city will receive
approximately $733,000 to assist in the funding of this project from the American
Recovery and Reinvestment Act of 2009. Prior to any formal action by Council, a
public hearing is required.
Now is the time for the public to comment on the proposed Clay Street Inlay Project.
B. Proposed Use of a Department of Justice Assistance Grant by the Police Department
Previously City Council took action to establish a public hearing on the proposed use
of a Department of Justice Assistance Grant by the Police Department. Under the
American Recovery and Reinvestment Act of 2009, a new formula was devised for
distribution of funds under the Byrne Justice Assistance Grant. It is this funding
mechanism the city has relied upon to purchase items for law enforcement that have
not been budgeted. The city will receive $54,062.20 with no local match is required.
It is anticipated that funds from the program will be used to upgrade technology
related needs for the department along with other capital items. Prior to any formal
application for the receipt of funds, a public hearing is required.
Now is the time for the public to comment on the proposed use of a Department of
Justice Assistance Grant by the Police Department.
3
C. Proposed Establishment of an Urban Renewal Area and Approval of the Urban
Renewal Plan Amendment to the 2009 Addition to the Highway 38 Northeast Urban
Renewal Area
Previously City Council took action to establish a public hearing on the proposed
establishment of an Urban Renewal Area and approval of the Urban Renewal Plan
Amendment to the 2009 Addition to the Highway 38 Northeast Urban Renewal Area.
In order to provide the city with additional financial options for future public
improvements, it is being proposed that the Northeast Urban Renewal Area be
expanded to include the public right-of-ways on Colorado and Clay streets. This will
allow for remaining funds from the Northeast TIF and possibly future incremental tax
funds to be used toward the local portion of the cost on one or both of the upcoming
street improvements projects. 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 establishment of an Urban
Renewal Area and approval of the Urban Renewal Plan Amendment to the 2009
Addition to the Highway 38 Northeast Urban Renewal Area.
9.
PETITIONS AND COMMUNICATIONS
A. Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Ranch
Muscatine, 106 Ford Avenue – Psychodog Enterprises Inc.
B. Request for renewal of a Class BW Beer/Wine Permit for Green’s Tea & Coffee, 208
W. 2
nd
Street – Green’s Tea Company LLC
C. Request for renewal of a Class C Liquor License with Outdoor Service and Sunday
Sales Permit for Mike’s Hilltop Tap Inc., 929 Lucas Street
D. Request Approval to Close Weed Park/Streets for HNI Corporation Company Picnic
Presented for City Council’s consideration is a request for approval to close Weed
Park and portions of city streets for the 2009 HNI Corporation Company Picnic. The
city has received a request to close Weed Park and portions of streets surrounding the
park for the annual HNI company picnic for Sunday, August 16, 2009, between the
hours of 9 a.m. and 4 p.m. In addition to the closure of Weed Park, the Aquatic
Center will also be closed that day. Setup will begin Saturday afternoon, August 15,
2009, but the park will not be closed and the Aquatic Center will still be open to the
general public.
Is there a motion to approve the request to close Weed Park and surrounding streets
for the HNI Corporation Company Picnic for Sunday, August 16, 2009, from 9 a.m.
to 4 p.m.?
E. Request for Use of City Property for Cinco de Mayo Celebration
4
Presented for City Council’s consideration is a request to use city property for a
Cinco de Mayo Celebration. The city has received a request from Mami’s Authentic
Mexican Food Services, 201 W. 2
nd
Street, for the use of the parking lot at 2
nd
and
Pine streets for this activity. The date of the event is Saturday, May 2, 2009, from
noon to 5 p.m.
Is there a motion to approve the request for the use of city property for the Cinco de
Mayo Celebration on May 2, 2009?
F. Request from Muscatine Quarterback Club for Use of City Property
10.
FROM THE MAYOR
A. Proclamation Declaring April 24, 2009 as “Arbor Day” in the City of Muscatine
B. Proclamation Declaring May 11-15, 2009 as “Bike-to-Work Week” in the City of
Muscatine
Is there a motion to approve the proclamations as submitted?
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. Final Reading of an Ordinance Adopting the Code of Ordinances and Supplement for
the City of Muscatine
Presented for City Council’s consideration is the final reading of an ordinance
adopting the Code of Ordinances and Supplement for the City of Muscatine.
Periodically the City Council takes action to update the City Code due to changes
made by the Council. The supplement includes ordinances and amendments to the
ordinances adopted on or prior to December 31, 2008.
Is there a motion to adopt on final reading an ordinance adopting the Code of
Ordinances and Supplement for the City of Muscatine and direct for its publication?
5
B. Second Reading of an Ordinance Vacating City Real Estate – Unimproved McClellan
Street Right-of-Way
Presented for City Council’s consideration is the second reading of an ordinance
vacating city real estate for the unimproved McCellan Street right-of-way. The city
has been petitioned by the Muscatine School District and an adjacent neighbor to
vacate portions of this right-of-way. If approved, the school district would purchase
7,290 square feet of the unimproved right-of-way and the adjacent property owner
would purchase 2,439 square feet.
Is there a motion to approve the second reading of an ordinance vacating city real
estate for the unimproved McClellan Street right-of-way?
C. Resolution Approving the Plans, Specifications, Form of Contract and Setting Bid
Opening Date for the Clay Street Inlay Project
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract, and setting the bid opening date for the Clay Street
Inlay Project. Previously City Council took action to receive public comment on the
proposed project that will be funded partially through monies available through the
American Recovery and Reinvestment Act of 2009 in the amount of $733,000. The
balance of the project cost will be provided by the City of Muscatine. The bid letting
for this project will be coordinated by the state and is anticipated to occur in mid-
May. The total estimated cost of the project is approximately $1 to $1.2 million.
Is there a motion to adopt the resolution approving the plans, specifications, form of
contract, and setting the bid opening date for the Clay Street Inlay Project?
D. Resolution Authorizing the Use of a Justice Assistance Grant by the Police
Department
Presented for City Council’s consideration is a resolution authorizing the use of a
Justice Assistance Grant by the Police Department. Previously a public hearing was
held to receive public comment on the receipt of funding through the American
Recovery and Reinvestment Act of 2009 for grant monies totaling $54,062.20. These
funds can be utilized by law enforcement agencies to purchase capital items that have
not been budgeted.
Is there a motion to adopt the resolution authorizing the use of a Justice Assistance
Grant by the Police Department?
6
E. Resolution to Approve Refuse Collection Rates Effective July 1, 2009
Presented for City Council’s consideration is a resolution to approve the refuse
collection rates effective July 1, 2009. Included in the 2009/2010 budget are increases
in refuse collection fees. This will increase rates from the current $15.50 per month to
$18.25 per month for regular residential customers and $10.50 to $13.25 per month
for senior citizens. Rates for commercial customers will be increased by
approximately 15%. The increase in fees is required to offset significant increases in
the transfer station tipping fees as well as increased personnel and fuel costs. Also the
increased fees will fund the additional recycling trailers budgeted for 2009/2010.
Is there a motion to adopt the resolution approving refuse collection rates effective
July 1, 2009?
F. Resolution to Approve Transfer Station Rates Effective July 1, 2009
Presented for City Council’s consideration is a resolution to approve transfer station
rates effective July 1, 2009. Included in the 2009/2010 budget are increases in
transfer station fees. The increased rates will be from $41 per ton to $60 per ton for
regular waste and from $43 to $62 per ton for special waste. The increase is primarily
related to the significant cost of constructing new cells at the landfill.
Is there a motion to adopt the resolution approving transfer station rates effective July
1, 2009?
G. Resolution to Approve Sewer and Collection and Drainage Fees Effective July 1,
2009
Presented for City Council’s consideration is a resolution to approve sewer and
collection and drainage fees effective July 1, 2009. In conjunction with the
renovations underway at the Water Pollution Control Plant, the City Council
tentatively approved rate adjustments for the next four years to cover the cost of
improvements. The rate adjustments will result in a $1 per month increase in sewer
fees for each of the next four years for the average residential customer. The average
residential bill is currently $20.48 per month and will increase over the next four
years to $24.48 per month. Collection and drainage fees are also proposed to increase
over the same four year period. These fees are currently $9.25 per month and will
increase to $9.70 effective July 1, 2009, $10.15 effective July 1, 2010, $10.60
effective July 1, 2011, and $11 effective July 1, 2012.
Is there a motion to adopt the resolution approving sewer and collection and drainage
fees effective July 1, 2009?
7
H. Resolution Approving Contract and Bond for the 2009 Street Improvements Project
Presented for City Council’s consideration is a resolution approving the contract and
bond for the 2009 Street Improvements Project. Previously City Council took action
to award this contract to Illowa Investment Inc. in the amount of $2,557, 601.61. All
appropriate documentation has been submitted and approved by city staff at this time.
Is there a motion to adopt the resolution approving the contract and bond for the 2009
Street Improvements Project?
I. Resolution Accepting Completed Work Under the 2008 Street Improvements Project
and Authorizing Final Payment
Presented for City Council’s consideration is a resolution accepting completed work
performed under the 2008 Street Improvements Project and authorizing final
payment. In 2008 the city entered into a contract with Illowa Investment Inc. in the
amount of $2,252,884.40. No change orders were submitted. Based upon the work
completed, the total project cost was $2,001,582.07. To date, $1,901,502.97 has been
paid with the remaining balance of $100,079.10 remaining to be paid including the
5% retainage. All work has been completed at this time.
Is there a motion to adopt the resolution accepting completed work performed under
the 2008 Street Improvements Project and authorizing final payment to Illowa
Investment Inc.?
J. Request to Certify the City’s Commitment for the Matching Fund Portion of the
Municipal Hangar/Snow Removal Equipment Building at Municipal Airport
Presented for City Council’s consideration is a request to certify the city’s
commitment for the matching fund portion of the Municipal Hangar/Snow Removal
Equipment Building at the Municipal Airport. Each year the city submits to the FAA
a revised five-year capital improvement program listing for anticipated projects at the
airport. This is done to secure funding that may be available from federal or state
sources. Previously the city had submitted a request for the construction of this type
of building to accommodate the new snow removal equipment that was delivered this
year. It appears the city may be able to take advantage of additional state funding
being made available for such projects at this time. In order to do so, it is the
recommendation of the engineer and city staff that the Council commit to a
percentage greater than the 15% required for state funded projects. The original
estimate for the project was $639,000. Additional funding requirements of $45,000
will bring the total project cost to $784,000. If approved by Council and affirmed by
the FAA and the State Division of Aviation, the city’s overall cost share would be
$70,450. If approved by City Council, the city’s match requirement will be provided
through future bond proceeds.
8
Is there a motion to approve the certification of the city’s commitment for the
matching fund portion of the Municipal Hangar/Snow Removal Equipment Building
at the Municipal Airport?
K. Request Authorization to Extend Heinz Agreement
Presented for City Council’s consideration is a request for authorization to extend the
Heinz agreement. The current contract for services with H.J. Heinz Company for
wastewater services expires April 30, 2009. A new contract for services has been
negotiated which will be effective May 1, 2009 through April 30, 2013. For the next
four years, the contract calls for a 1% fee adjustment for the first year and a 3%
adjustment for the remaining three years. No other changes in the contract provisions
are proposed at this time.
Is there a motion to authorize the extension of the Heinz agreement?
L. Request Approval of Copier/Printer Lease Agreement
Presented for City Council’s consideration is a request to approve a copier/printer
lease agreement. The city currently has a five-year operating lease for its main copier
that will expire in November 2010. The city has been approached by Xerox
representatives with an option of converting the existing lease to a new five-year
lease for a new machine with a monthly savings of approximately $59.52 ($714.24
annually). The machine will have the same basic features and capabilities. Staff is
recommending the upgrade at this time.
Is there a motion to approve the copier/printer lease agreement?
M. Request to Use Public Surplus for Disposal of Surplus Items
Presented for City Council’s consideration is a request to use an online public surplus
disposal site for surplus city property. There is no agreement or commitment to
participate on this online service that is currently used by a number of public entities
in Iowa. There is a 7% fee for utilizing the system of which 6% is paid by the buyer
and 1% by the city. If approved by Council, the city will advertise the availability of
this website for the disposal of surplus property to the general public.
Is there a motion to approve the request to use publicsurplus.com for the disposal of
surplus items?
9
N. Request to Declare Property as Surplus
Presented for City Council’s consideration is a request to declare city property as
surplus. Periodically city staff gathers surplus city material for disposal. Each
department is given the opportunity to review these items before offered for public
sale. This year the city will be utilizing a web-based system “publicsurplus.com” for
the disposal of city property. Prior to release of that list, Council must declare this
property as surplus.
Is there a motion to declare property as surplus and authorize its sale?
O. Request to Approve Amendments to Personnel Policies
Presented for City Council’s consideration is a request to approve amendments to
personnel policies. At last week’s in-depth meeting, a review was made of proposed
changes in the city’s personnel policies. They are changes to the family medical leave
policy, cell phone usage policy, privacy of city equipment and lockers policy, and
vacation accrual policy.
Is there a motion to take action to approve amendments to personnel policies?
P. Request to Issue Purchase Order for Zoo Garden
Presented for City Council’s consideration is a request to issue a purchase order for
the Zoo Garden Project. In 2007 the City Council approved the concept plan of the
Weed Park Zoo Garden Project. This is subject to 100% outside funding. Since that
time, a volunteer group has been working with Parks and Recreation staff to finalize
the plans and specifications and to secure funding for the project from outside
sources. At this time that has been accomplished and city staff is requesting that City
Council take action to approve the bid submitted by Kellor & Kellor in the amount of
$73,892 to provide the work for the project. A substantial amount of volunteer hours
will also be utilized to assist in this project.
Is there a motion to approve the issuance of a purchase order for the Weed Park Zoo
Garden Project?
Q. Resolution to Establish an Urban Renewal Area and Approval of the Urban Renewal
Plan Amendment to the 2009 Addition to the Highway 38 Northeast Urban Renewal
Area
Presented for City Council’s consideration is a resolution to establish an Urban
Renewal Area and approval of the Urban Renewal Plan Amendment to the 2009
Addition to the Highway 38 Northeast Urban Renewal Area. Previously a public
hearing was held to receive public comment on the proposed changes to the Highway
38 Northeast Urban Renewal Area Plan. If approved by City Council, the plan would
10
be expanded to incorporate Clay Street from Park Avenue to Isett Avenue and
Colorado Street from Park Avenue to University Drive. By expanding the Urban
Renewal Area, the city will be able to utilize tax increment financing dollars to assist
in providing financial assistance and improvements on these two roadways.
Is there a motion to adopt the resolution establishing an Urban Renewal Area and
Approving of the Urban Renewal Plan Amendment to the 2009 Addition to the
Highway 38 Northeast Urban Renewal Area?
R. Request Approval of Change Order #4 for the Parallel Taxiway Project at the
Municipal Airport.
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – March 23 & 30, 2009
B. Board of Water, Electric, and Communications Trustees – February 24, 2009
C. MP&W Communications Utility – December 2008 (Final)
D. MP&W Electric Utility – December 2008 (Final)
E. MP&W Water Utility – December 2008 (Final)
F. MP&W Communications Utility – February 2009
G. MP&W Electric Utility – February 2009
H. MP&W Water Utility – February 2009
I. NFPA Fire Survey – February and March 2009
J. NFPA Fire Survey – Y-T-D
14.
APPROVAL OF BILLS
It is recommended bills totaling $2,044,950.48 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
Back to top