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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, MARCH 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.
     
    Budget Review Session – February 4, 2006
    B.
     
    Budget Review Session – February 7, 2006
    C.
     
    Budget Review Session – February 9, 2006
    D.
     
    Special City Council Meeting – February 15, 2006
    E.
     
    Regular City Council Meeting – February 16, 2006

     
     
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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 from the Agenda.
     
    * 9 – A­B
    * 13 – A­E
    * Bills*
     
    * Approval of attached Bills for Approval totaling $927,920.49, as well as receipt summaries for
    January 2006, is subject to the approval of any related agenda item(s).
     
    8.
     
    PUBLIC HEARING
     
     
    A.
     
    Proposed Declaration of Property as Surplus
     
    Previously the City Council took action to establish a public hearing to receive public
    comment on the proposed declaration of city property as surplus and to offer it for sale. The
    property in question is located at 1204 E. 4
    th
    Street and was recently acquired by the City of
    Muscatine’s housing division through the Department of Housing and Urban Development.
    Following the public hearing, action will be offered to City Council to take action to
    officially declare the property as surplus, and the city will begin the process of marketing the
    house for sale. 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 declaration of property located at
    1204 E. 4
    th
    Street as surplus.
     
    B.
     
    Proposed Issuance of $1,925,800 General Obligation Essential Corporate Purpose Bonds
     
    Previously the City Council took action to establish a public hearing for the issuance of
    $1,925,800 of General Obligation Essential Corporate Purpose Bonds. As required by
    statute, the City Council has published the appropriate notices to signify its intent to issue the
    $1,925,800 of General Obligation Essential Corporate Purpose Bonds. This amount and the
    amounts in the upcoming separate public hearings total $2.9 million in General Obligation
    Corporate Purpose Bonds that the city intends to issue later this year. The purpose of the
    bond issue is to fund all or a portion of the cost of the following projects: E. 5
    th
    Street Bridge,
    Kent Stein Park Trail, Fuller Park Trail, Pearl of the Mississippi (Series B), Pearl Project
    Phase II, cemetery chapel improvements, Art Center building improvements, building
    demolitions, joint communications capital funding, airport land acquisition and pavement
    markings, a new fire pumper, and landfill acquisition costs.

     
     
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    Now is the time for the public to comment on the proposed issuance of $1,925,800 of
    General Obligation Essential Corporate Purpose Bonds.
     
    C.
     
    Proposed Issuance of $89,200 General Obligation Art Center Bonds
     
    Previously the City Council took action to establish a public hearing for the proposed
    issuance of $89,200 of General Obligation Art Center Bonds. These bonds are specific to
    improvements recently completed at the Muscatine Art Center. Prior to any formal
    authorization for issuance of such bonds, a public hearing is required.
     
    Now is the time for the public to comment on the proposed issuance of $89,200 General
    Obligation Art Center Bonds.
     
    D.
     
    Proposed Issuance of $500,000 General Obligation Park Improvement Bonds
     
    Previously the City Council took action to establish a public hearing for the proposed
    issuance of $500,000 of General Obligation Park Improvement Bonds. The proceeds from
    this bond issuance will be used to satisfy the city’s requirement for its participation in the
    Pearl of the Mississippi Project. Prior to the issuance of such bonds, a public hearing is
    required.
     
    Now is the time for the public to comment on the proposed issuance of $500,000 General
    Obligation Park Improvement Bonds.
     
    E.
     
    Proposed Issuance of $385,000 General Obligation Riverfront Improvement Bonds
     
    Previously the City Council took action to establish a public hearing for the proposed
    issuance of $385,000 of General Obligation Riverfront Improvement Bonds. The issuance of
    the not to exceed amount will cover the city’s anticipated participation in the Pearl of the
    Mississippi Phase II Project. Prior to any issuance of such bonds, a public hearing is
    required.
     
    Now is the time for the public to comment on the proposed issuance of $385,000 of General
    Obligation Riverfront Improvement Bonds.
     
    F.
     
    Proposed Usage of 2006 Justice Assistance Grant Direct Award
     
    Previously the City Council took action to establish a public hearing on the proposed usage
    for the 2006 Justice Assistance Grant (JAG) Direct Award. For the past several years the
    City of Muscatine has made application and received funding from the JAG Direct Award.
    As in the past, the city plans to use these funds for technology and equipment upgrades and
    also for the possibility of wages for Task Force personnel for special programs that the
    Police Department is involved with. It is anticipated the city will receive $12,325 from this
    grant. Prior to the city’s ability to utilize these funds, a public hearing is required.
     

     
     
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    Now is the time for the public to comment on the proposed usage of the 2006 JAG Direct
    Award program.
      
    G.
     
    Proposed Amendment #1 to the FY2005/2006 Budget
     
    Previously the City Council took action to establish a public hearing for the proposed
    Amendment #1 to the fiscal year 2005/2006 budget. During the recent fiscal year budget
    review process, the Council took action to authorize a number of adjustments in the current
    fiscal year pertaining to both revenues and expenditures. The city takes the opportunity twice
    each fiscal year to amend the budget to account for these changes in both revenue and
    expenditures. Also, in accordance with State Code, those amendments are filed with the State
    of Iowa as amendments to the already certified city budget. Prior to any formal action by
    Council, a public hearing is required.
     
    Now is the time for the public to comment on the proposed Amendment #1 to the fiscal year
    2005/2006 budget.
     
    H.
     
    Proposed Budget for FY2006/2007
     
    Previously the City Council took action to establish a public hearing for the proposed budget
    for fiscal year 2006/2007. Following the recent completion of the budget review sessions
    held by City Council, a public hearing was set to receive public comment on the proposed
    fiscal year budget that begins July 1, 2006 and ends June 30, 2007. The proposed budget
    outlines the estimated revenues and corresponding expenditures by city departments for the
    upcoming fiscal year. It is proposed through this budget process that the overall city tax levy
    will be increased by 3.4% to $16.03891 per $1,000 of taxable valuation. The budget also
    accounts for fee adjustments within the various Enterprise Fund activities as well.
     
    Now is the time for the public to comment on the proposed fiscal year 2006/2007 city
    budget.
     
    9.
    PETITIONS AND COMMUNICATIONS
     
     
    A.
     
    Request on second reading for a new Class C Liquor License with Sunday Sales and Outdoor
    Service Area for Rumors, 1415 Grandview Avenue – Fluff LLC (pending inspections)
     
    B.
     
    Request for Cigarette Permit for Rumors at 1415 Grandview Avenue – Fluff LLC
     
    10.
    FROM THE MAYOR
     
     
    11. FROM THE PLANNING AND ZONING COMMISSION
     

     
     
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    12. FROM THE CITY ADMINISTRATOR
     
    A.
     
    Resolution Declaring Property as Surplus and Authorizing Its Sale – 1204 E. 4
    th
    Street
     
    Presented for City Council’s consideration is a resolution declaring property located at 1204
    E. 5
    th
    Street as surplus and authorizing its sale. Previously a public hearing was held to
    receive public comment on the proposal to declare this property as surplus and offering it for
    sale to the public. The city recently acquired this home through the Department of Housing
    and Urban Development.
     
    At this time City Council could take action by resolution declaring city real estate located at
    1204 E. 4
    th
    Street as surplus and authorizing its sale.
     
    B.
     
    Resolution Determining Not to Exceed $2,900,000 General Obligation Corporate Purpose
    Bonds and Levying Property Taxes for Payment of Said Bonds
     
    Presented for City Council’s consideration is a resolution determining not to exceed $2.9
    million in General Obligation Corporate Purpose Bonds and levying property taxes for
    payment of said bonds. Previously the City Council conducted public hearings concerning a
    number of public bond offerings for various projects that have been recently completed or
    are underway within the City of Muscatine. It is the intent of the city to issue General
    Corporate Purpose Bonds to cover the cost for those projects. This is an amount not to
    exceed $2.9 million. This includes $1,925,800 of General Obligation Essential Corporate
    Purpose Bonds, $89,200 General Obligation Art Center Bonds, $500,000 General Obligation
    Park Improvement Bonds, and $385,000 General Obligation Riverfront Improvement Bonds.
     
    At this time City Council could take action by resolution determining not to exceed
    $2,900,000 General Obligation Corporate Purpose Bonds and levying property taxes for
    payment of said bonds.
     
    C.
     
    Resolution Authorizing Usage of 2006 Justice Assistance Grant Direct Award by the Police
    Department
     
    Presented for City Council’s consideration is a resolution authorizing the usage of the 2006
    Justice Assistance Grant Direct Award by the Police Department. Previously a public hearing
    was held to receive public comment on the proposed use of these funds. It is anticipated that
    the City of Muscatine’s Police Department will receive Local Law Enforcement Block Grant
    Funds in the amount of $12,325 to be used for technology, equipment, local incentive, wages
    for Task Force personnel, etc., for the upcoming fiscal year.
     
    At this time City Council could take action by resolution authorizing the usage of the 2006
    Justice Assistance Grant Direct Award by the Police Department.

     
     
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    D.
     
    Resolution Approving Amendment #1 to the FY2005/2006 City Budget
     
    Presented for City Council’s consideration is a resolution approving Amendment #1 to the
    fiscal year 2005/2006 city budget. As part of the overall budget review process, the Council
    took action to make adjustments both to the revenue and expenditures stream for the current
    fiscal year. Council will also have an opportunity in May of this year to make the final
    adjustments through budget amendments to the current fiscal year. These amendments are
    then filed with the State of Iowa. This amendment also reflects the updated capital projects
    construction schedule and reflects financing of those projects.
     
    At this time City Council could take action by resolution to approve Amendment #1 to the
    fiscal year 2005/2006 city budget.
     
    E.
     
    Resolution Approving the Adoption of the Budget and Certification of Taxes for
    FY2006/2007
     
    Presented for City Council’s consideration is a resolution approving the adoption of the
    budget and certification of taxes for fiscal year 2006/2007. Following the City Council’s
    budget review sessions in February of this year, the City Council has determined their budget
    for the next fiscal year beginning July 1, 2006 and ending June 30, 2007. This resolution is
    an adoption of that budget and certification of taxes for the fiscal year 2006/2007. It is
    anticipated that the overall tax rate will increase 3.4%.
     
    At this time City Council could take action by resolution approving the adoption of the
    budget and certification of taxes for fiscal year 2006/2007.
     
    F.
     
    Resolution Setting Time and Place of a Public Hearing for the Riverfront Force Main
    Improvement Project
     
    Presented for City Council’s consideration is a resolution setting the time and place of a
    public hearing for the Riverfront Force Main Improvement Project. Previously the City
    Council took action to authorize a contract for engineering services between the City of
    Muscatine and Stanley Consultants Inc. for this project. Cost estimates for the project have
    not yet been developed but it is anticipated they will be in excess of $25,000 which by state
    statute requires a public hearing for this type of public improvement.
     
    At this time City Council could take action by resolution establishing a public hearing for
    Thursday, March 16, 2006, at 7:00 p.m. for the Riverfront Force Main Improvement Project.

     
     
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    G.
     
    Resolution Awarding a Contract for the E. 5
    th
    Street Bridge Project
     
    Presented for City Council’s consideration is a resolution awarding a contract for the E. 5
    th
     
    Street Bridge Project. Recently bids were received by the State of Iowa for construction of
    the E. 5
    th
    Street Bridge Project. Four bids were received with the lowest responsible bid
    being submitted by Iowa Bridge & Culvert of Washington, Iowa, in the amount of
    $1,159,396.89. The engineering estimate for the project was $1,278,000.
     
    At this time City Council could take action by resolution awarding the contract for the E. 5
    th
     
    Street Bridget Project to Iowa Bridge & Culvert of Washington, Iowa, in the amount of
    $1,159,396.89.
     
    H.
     
    Resolution Approving the Contract and Bond for the 2006 Poplar Street Area Sewer
    Separation Project
     
    Presented for City Council’s consideration is a resolution approving the contract and bond
    for the 2006 Poplar Street Area Sewer Separation Project. Previously the City Council took
    action to award the contract to Sulzberger Excavating Inc. in the amount of $369,450.50. The
    appropriate contract and bond have been submitted and approved by staff at this time.
     
    At this time City Council could take action by resolution approving the contract and bond for
    the 2006 Poplar Street Area Sewer Separation Project to Sulzberger Excavating Inc. in the
    amount of $369,450.50.
     
    I.
     
    Resolution Setting Time and Place of a Public Hearing on a Proposed Zoning Change at the
    Intersection of Tipton Road and the U.S. 61 Bypass
     
    Presented for City Council’s consideration is a resolution setting the time and place of a
    public hearing on a proposed zoning change at the intersection of Tipton Road and the U.S.
    61 Bypass. Recently a request was filed by Robert Simmering, agent for Cedar Plaza LLC,
    was filed with the city’s Planning and Zoning Commission for a change of zoning of a 12.24
    acre parcel of real estate located at the southeast intersection of Tipton Road and the U.S. 61
    Bypass. The request is to change the current zoning from a single family residential (R­1) to
    a large scale residential (R­L).This will allow for the construction of 29 duplex (58 units)
    residential structures for owner­occupied housing. This matter has been reviewed and
    approved by the city’s Planning and Zoning Commission and is being forwarded for City
    Council’s consideration and approval. Prior to any formal action by Council, a public hearing
    is required.
     
    At this time City Council could take action by resolution setting the time and place of a
    public hearing on the proposed zoning change at the intersection of Tipton Road and the U.S.
    61 Bypass for Thursday, March 16, 2006, at 7 p.m.

     
     
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    J.
     
    Request Approval to Declare Drug Task Force Vehicle as Surplus
     
    Presented for City Council’s consideration is a request to approve the Drug Task Force
    vehicle as surplus. Recently the Muscatine County Drug Task Force Board voted to replace
    the 2002 Pontiac Montana mini­van that is currently used by the police officer assigned to
    the Drug Task Force. Originally the vehicle was purchased using Drug Task Force funds for
    the purpose of those investigations. The vehicle is titled to the City of Muscatine, and in
    order for the vehicle to be used in the acquisition of a new vehicle, the city must declare it as
    surplus. Once a new vehicle is purchased, it will also be titled to the City of Muscatine.
     
    At this time City Council could take action to declare the Drug Task Force vehicle as surplus
    property to allow for its disposal.
     
    K.
     
    Request Approval to Set Date for Spring Cleanup Week
     
    Presented for City Council’s consideration is a request to approve Spring Cleanup Week.
    Annually the City Council establishes a “Spring Cleanup Week” at which time residents are
    encouraged to engage in spring cleaning and beautification of their property. It is being
    proposed that Spring Cleanup Week for 2006 be established for the week of April 24­28,
    2006.
     
    At this time City Council could take action to establish the date for Spring Cleanup Week for
    April 24­28, 2006.
     
    13.
     
    COMMUNICATIONS ­ RECEIVE AND FILE
     
     
    A.
     
    Muscatine County Board of Supervisors – February 1, 6 & 13, 2006
    B.
     
    Senior Resources – January 24, 2006
    C.
     
    Library Board of Trustees – January 18, 2006
    D.
     
    Historic Preservation Commission – January 18 & 31, 2006
    E.
     
    City of Muscatine Financial Reports – January 2006
     
    14. APPROVAL OF BILLS
     
     
    It is recommended bills totaling $927,920.49, as well as receipt summaries for January 2006, 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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