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MUSCATINE CITY COUNCIL
Osama Shihadeh
At Large
Dick O'Brien
Mayor
Robert Howard
At Large
Robert Bynum
4
th
Ward
Phil Fitzgerald
1
st
Ward
Bill Trent
5th Ward
2006 MEETING SCHEDULE
Marie Press
2
nd
Ward
Scott Day
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 Indepth Meetings
A.J. Johnson
City Administrator
January 5 & 19 July 6 & 20 January 12 July 13
February 2 & 16 August 3 & 17
February 9 (None in August)
March 2 & 16 September 7 & 21 March 9 September 14
April 6 & 20 October 5 & 19 April 13 October 12
May 4 & 18 November 2 & 16 May 11 November 9
June 1 & 15 December 7 & 21 June 8 December 14
AGENDA
THURSDAY, FEBRUARY 2, 2006
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.
Regular City Council Meeting – January 19, 2006
B.
General Fund Overview Meeting – January 26, 2006
C.
Budget Review Session – January 28, 2006
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
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so requests, in which event the item will be removed from the Consent Agenda and considered in
its normal sequence from the Agenda.
* 9 – AD
* 13 – AF
* Bills*
* Approval of attached Bills for Approval totaling $982,141.63, as well as receipt summaries for
December 2005, is subject to the approval of any related agenda item(s).
8.
PUBLIC HEARING
A.
Proposed Concessions Agreement
Previously the City Council took action to establish a public hearing for a proposed
concession agreement between the City of Muscatine and HyVee Inc. for concession
services at the city’s Aquatic Center and athletic facilities. The proposed contract would be
five years in length and would provide the city a commission of 20% of the gross receipts
(total sales net of applicable sales tax). HyVee Inc. would be responsible for providing for
personnel and product at the facilities. There will be a 30day notification provision within
the contract which would allow for either party to terminate the agreement. Because the
proposed contract is in excess of three years, state statute requires a public hearing.
Now is the time for the public to comment on the proposed concession agreement between
the City of Muscatine and HyVee Inc.
9.
PETITIONS AND COMMUNICATIONS
A.
Request on final reading for a new Class C Liquor License and Sunday Sales Permit for The
Rendezvous, 3127 Lucas Street – Cindy’s Rendezvous LC (pending receipt of dram shop
insurance and sketch)
B.
Request for renewal of a Class C Beer and Sunday Sales Permit for the Cigarette Outlet #16,
1504 Park Avenue – Cigarette Outlet Inc.
C.
Request for renewal of a Class C Beer and Sunday Sales Permit for HyVee Drugstore, 510
E. 6
th
Street – HyVee Inc.
D.
Request for renewal of a Class C Beer and Sunday Sales Permit for HyVee Gas, 2600 2
nd
Avenue – HyVee Inc.
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E.
Request Approval to Close Weed Park to Vehicular Traffic for the 28
th
Annual Melon City
Criterium Bike Race
The city has received a request from Greg Harper, representing the Melon City Criterium
Committee, to close Weed Park to vehicular traffic on Sunday, May 28, 2006, for the 28
th
Annual Melon City Criterium Bike Race. He is asking for the closure of the park from 6:30
a.m. to 5:30 p.m. This matter has already been presented and endorsed by the Parks and
Recreation Advisory Commission.
At this time City Council could take action to approve the request from the Melon City
Criterium Committee for the closing of Weed Park to vehicular traffic on Sunday, May 28,
2006, from 6:30 a.m. to 5:30 p.m. for the 28
th
Annual Melon City Criterium Bike Race.
F.
Request from the Muscatine Quarterback Club for the Use of City Property for the 2006
Great River Days Celebration
Presented for City Council’s consideration is a request from the Muscatine Quarterback Club
for the use of city property for the 2006 Great River Days Celebration. The Quarterback Club
is requesting to reserve the riverfront from July 2431, 2006 for this event. In the past, the
city has worked with the Quarterback Club for specific designated areas to be used. In light
of the recent announcement for the 34
th
Annual RAGBRAI, which is ending in Muscatine,
city staff would request that City Council approve the use of the riverfront by the
Quarterback Club with final approval by city staff in conjunction with the coordinating of
both events.
At this time City Council could take action to approve the Muscatine Quarterback Club’s
request for the use of city property for the 2006 Great River Days Celebration from July 24
31, 2006 to be coordinated with RAGBRAI activities.
10.
FROM THE MAYOR
A. Request Approval of Proclamation Declaring February 3, 2006 as “Wear Red for Women
Day”
The above proclamation has been presented for City Council’s consideration and approval.
B. Request Approval of Appointment of Jerry Coffman to Library Board of Trustees
At this time City Council could take action to approve the appointment of Jerry Coffman to
the Library Board of Trustees.
11. FROM THE PLANNING AND ZONING COMMISSION
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12. FROM THE CITY ADMINISTRATOR
A.
Resolution Setting Time and Place of Public Hearing on Pearl II Project
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing on the Pearl II Project. Previously the City Council had authorized staff to
work with an outside consultant to develop the plans and specifications and prepare
documents for the solicitation of bids for the completion of the Pearl II Project. This project
will include enhanced landscaping and the development of an interactive water feature along
the Muscatine riverfront. In accordance with State Code, public improvements valued over
$25,000 must be subject to a public hearing before any formal action by Council.
At this time City Council could take action by resolution establishing the time and place of a
public hearing on the plans, specifications, form of contract, cost estimate, and establishing a
bid opening date for the construction of improvements known as the Pearl II Project for
Thursday, February 16, 2006, at 7 p.m.
B.
Resolution Setting Time and Place of Public Hearing on 2006 Asphalt Overlay Program
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing on the 2006 Hot Asphalt Overlay Program. As part of the 2006 construction
season, the city staff is proposing a significant asphalt overlay program. Much of the work is
related and will be paid from the 1% sewer project fund. This will include work on W. 3
rd
Street within the Central Business District and Poplar Street and Marquette Streets as well as
Washington Street. The engineer’s estimate for this work is $571,117.98. In accordance with
State Code, public improvements valued over $25,000 must be subject to a public hearing
before any formal action by Council.
At this time City Council could take action by resolution establishing the time and place of a
public hearing on the 2006 Hot Asphalt Overlay Program for Thursday, February 16, 2006,
at 7 p.m.
C.
Request Approval of Agreement Between the City of Muscatine and HyVee Inc. for
Concession Services
Presented for City Council’s consideration is a request to approve an agreement between the
City of Muscatine and HyVee Inc. for concession services. In 2005 the city received notice
from the then current concession vendor of his desire to exit the contractual arrangements
between the city and himself for these services. City staff solicited proposals from interested
parties to provide concession services at Kent Stein Park, the Soccer Complex, and the
Aquatic Center. A total of six proposals were received. In advance of the proposals being
submitted, a review matrix was developed and all six proposals were reviewed using the
criteria outlined in that matrix. Following that review, it is recommended that the City of
Muscatine enter into a fiveyear lease agreement between the city and HyVee Inc. for these
concession services. The proposed agreement calls for the lessee to pay the City of
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Muscatine a minimum of 20% of the gross receipts (total sales net of applicable sales tax)
from sales at Kent Stein Park, the Soccer Complex, and the Aquatic Center.
At this time City Council could take action to approve an agreement between the City of
Muscatine and HyVee Inc. for concession services for a fiveyear time period for Kent Stein
Park, the Soccer Complex, and the Aquatic Center.
D.
Request Authorization to Enter Into a Construction Administration Agreement with
ShoemakerHaaland for the E. 5
th
Street Bridge Replacement Project
Presented for City Council’s consideration is a request to enter into a construction
administration agreement with ShoemakerHaaland for the E. 5
th
Street Bridge Replacement
Project. As this project prepares to move forward, city staff is recommending the city secure
the services of ShoemakerHaaland to provide a full range of construction management
services. These services will range from general construction oversight to ensuring that
compliance with state and federal regulations due to their funding participation are met by
the general contractor and subcontractors. Also included in the proposal is funding for
Terracon Consultants on the project. The total project cost through the completion of the
construction of the E. 5
th
Street Bridge is estimated at $92,284.
At this time City Council could take action to authorize a construction administration
agreement between the City of Muscatine and ShoemakerHaaland for the E. 5
th
Street
Bridge Replacement Project.
E.
Request Approval of RightofEntry Conveyed by the City of Muscatine to Muscatine Power
and Water for the Cedar Street Parking Lot
Presented for City Council’s consideration is a request to approve a rightofentry conveyed
by the City of Muscatine to Muscatine Power and Water for the Cedar Street parking lot. In
the past, the city has entered into other rightofentries between the City of Muscatine and
Muscatine Power and Water to allow for appropriate utility work to be conducted and to
prepare for future improvements associated with utilities. This particular work would allow
for entrance into the public parking lot located at the intersection of 3
rd
and Cedar streets.
This documentation indicates the rightofentry for the property in question. The rightof
entry point would be adjacent to the existing storage facility located on the lot and it is not
anticipated that the city will lose any parking spaces with this agreement.
At this time City Council could take action to approve a rightofentry conveyance by the
City of Muscatine to Muscatine Power and Water for the Cedar Street parking lot.
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F.
Request from the Iowa Department of Transportation for the Approval of AdoptAHighway
Applications
Presented for City Council’s consideration is a request from the Iowa Department of
Transportation for the approval of adoptahighway applications. The IDOT has forwarded
on for City Council’s consideration applications from the Lions Club of Muscatine to do
litter control on U.S. 61 northbound and southbound from Mile Post 90.55 to Mile Post 91.5
which includes the Muscatine city limits. Because a portion of this route is within the city
limits, City Council must approve these agreements prior to their formal adoption by the
IDOT.
At this time City Council could take action to approve the adoptahighway applications for
the Muscatine Lions Club.
G.
Request Approval of Offers to Purchase Real Estate from the Iowa Department of
Transportation as Part of the Building Restriction Line (BRL)
Presented for City Council’s consideration is a request to approve offers to purchase real
estate from the Iowa Department of Transportation as part of the Building Restriction Line
(BRL) program. City staff has been working with representatives from the IDOT to acquire
three separate pieces of real estate adjacent from the Muscatine Municipal Airport property.
These three parcels are the remnants of the Highway 61 fourlane construction project. The
city has already acquired one large parcel from the IDOT as part of the BRL program. With
the acquisition of these parcels, we would complete the acquisition of all property needed
from the IDOT as part of this overall BRL program. The parcels represent 1.462 acres, 9.494
acres, and 3.147 acres, respectively. The total purchase price would be $25,000 with 95% of
the funding acquisition available from the Federal Aviation Administration.
At this time City Council could take action to authorize the acquisition of three parcels from
the Iowa Department of Transportation as part of the Building Restriction Line property
acquisition program for the Muscatine Municipal Airport.
H.
Request Approval of Partial Tax Exemption Requests
Presented for City Council’s consideration is a request to approve a partial tax exemption
request. Currently the city has designated three urban revitalization districts, Progress Park,
Downtown, and Park Avenue. If a structure is located within one of the designated areas that
has made eligible improvements, then the property qualifies for a partial real estate tax
exemption over a 10year period. The city has already forwarded over to the Muscatine
County Assessor’s Office a number of properties that qualify. At this time the city would
also be forwarding over Welch Hotel LP located at 220 Iowa Avenue for consideration.
At this time City Council could take action to approve a partial tax exemption request from
Welch Hotel LP located at 220 Iowa Avenue.
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I.
Request Approval to Issue Purchase Order for Roofing Project for the Greenwood Cemetery
Chapel Building
Presented for City Council’s consideration is a request to approve the issuance of a purchase
order for the roofing project for the Greenwood Cemetery Chapel Building. Monies have
been included in the revised 2005/2006 budget totaling $25,000 for this project. Bids were
solicited with two bids being submitted. The lowest responsible bid appears to be that of
Bryant Roofing in the amount of $24,786. Recently a portion of the chapel’s roof was
damaged due to weather events.
At this time City Council could take action approve the issuance of a purchase order to
Bryant Roofing in the amount of $24,786 for the roofing of the Greenwood Cemetery Chapel
Building.
13.
COMMUNICATIONS RECEIVE AND FILE
A.
Muscatine County Board of Supervisors – January 9 & 16, 2006
B.
Muscatine School Board – January 23, 2006
C.
Library Board of Trustees – November 16, 2005
D.
Senior Resources – December 13, 2005
E.
NFPA Fire Survey – December 2005
F.
City of Muscatine Monthly Report – December 2005
14. APPROVAL OF BILLS
It is recommended bills totaling $982,141.63, as well as receipt summaries for December 2005,
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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