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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 16, 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 – March 2, 2006
B.
InDepth City Council Meeting – March 9, 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 – AI
* 13 – AG
* Bills*
* Approval of attached Bills for Approval totaling $953,362.19 is subject to the approval of any
related agenda item(s).
8.
PUBLIC HEARING
A.
Proposed Riverfront Force Main Improvement Project
Previously the City Council took action to establish a public hearing for the proposed
Riverfront Force Main Improvement Project. This project will be an open trench excavation
replacing ductile iron force mains. The project will be routed through the riverfront parking
lot and along the north side of the public restrooms and basketball courts. West of the
basketball courts, the route will be in the open grass area between the paved paths. For the
section located between McKee Button and Franklin Street, the existing 24” ductile iron pipe
will be removed and a new HDPE pipe installed in the same location. These routes will keep
the new force main on city property and within the existing easements within the railroad.
Stanley Consultants’ engineering staff will provide cost estimates and a timetable at the
public hearing.
Now is the time for the public to comment on the proposed Riverfront Force Main
Improvement Project.
B.
Proposed Zoning Change at the Intersection of Tipton Road and the U.S. 61 Bypass
Previously the City Council took action to establish a public hearing on the 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, with the city’s Planning and Zoning
Commission for a change of zoning for the 12.254 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 large scale residential (RL). This
will allow for the construction of 29 duplexes (58 units) of residential structures for owner
occupied housing. This matter has been reviewed and approved by the city’s Planning and
Zoning Commission and is being forwarded for Council’s consideration and approval. Prior
to any formal action by City Council, a public hearing is required.
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Now is the time for the public to comment on the proposed zoning change at the intersection
of Tipton Road and the U.S. 61 Bypass.
9.
PETITIONS AND COMMUNICATIONS
A.
Request for renewal of a Class C Liquor License for the Clam Shell Café, 101 W.
Mississippi Drive – Philip John Wiese (pending inspections and receipt of dram shop
certificate)
B.
Request for renewal of a Class C Liquor License for The Elms, 2108 Grandview Avenue –
Elms Inc.
C.
Request for renewal of a Class E Liquor License for HyVee Food Store, 2400 2
nd
Avenue –
HyVee Inc.
D.
Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #437, 709
Grandview Avenue – Kum & Go LC
E.
Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #438, 1010
Park Avenue – Kum & Go LC
F.
Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #436, 501
Cedar Street – Kum & Go LC
G.
Request for renewal of a Class C Beer and Sunday Sales Permit for Loos 66 Station, 711
Park Avenue – Loos Inc.
H.
Request for renewal of a Class C Beer and Sunday Sales Permit for Steamboat Landing,
3509 Steamboat Way – Steamboat Landing LLC
I.
Request for renewal of a Class C Liquor License and Sunday Sales Permit for Diamond
Dave’s Taco Co. – 2608 2
nd
Avenue – South of the Border Inc.
J.
Request from Muscatine Symphony Orchestra Guild to Host FlyIn Breakfast at Airport
Presented for City Council’s consideration is a request from the Muscatine Symphony
Orchestra Guild to host a flyin breakfast at the Muscatine Municipal Airport. The flyin
breakfast is scheduled for Saturday, May 6, 2006, from 6 a.m. to 1 p.m. The organizers of the
event will use a private hangar facility to host the breakfast as a fund raiser for the Orchestra
Guild.
At this time City Council could take action to approve the request for use of city property for
the Muscatine Symphony Orchestra Guild’s flyin breakfast at the Muscatine Municipal
Airport on Saturday, May 6, 2006, from 6 a.m. to 1 p.m.
10.
FROM THE MAYOR
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11. FROM THE PLANNING AND ZONING COMMISSION
12. FROM THE CITY ADMINISTRATOR
A.
Resolution Approving the Outline Development Plan for Aspen Villas Development in the
City of Muscatine
Presented for City Council’s consideration is a resolution approving the outline development
plan for the Aspen Villas Development in the City of Muscatine. Previously the City Council
conducted a public hearing on the proposed change of zoning for the 12.254 acre parcel of
real estate located at the southwest intersection of Tipton Road and the U.S. Highway 61
Bypass. The property is currently owned by Cedar Street Plaza LLC. The owner has
requested that the zoning be changed from single family residential (R1) to large scale
residential (RL). City Council is being asked to consider two separate items. First will be the
resolution approving the outline development plan for this project and second will be the
request to amend the zoning ordinance for the City of Muscatine to allow for the change
from R1 to RL.
At this time City Council could take action by resolution approving the outline development
plan for the Aspen Villas Development in the City of Muscatine.
B.
First Reading of an Ordinance Amending the Zoning Ordinance of the City of Muscatine at
the Intersection of Tipton Road and the U.S. 61 Bypass
Presented for City Council’s consideration is the first reading of an ordinance amending the
zoning ordinance of the City of Muscatine at the intersection of Tipton Road and the U.S. 61
Bypass. Previous action included a public hearing and a resolution approving the outline
development plan for Aspen Villas Development in the City of Muscatine. At this time City
Council is being asked to consider an ordinance amendment to the zoning ordinance for the
City of Muscatine allowing for the change of zoning for this development from single family
residential (R1) to large scale residential (RL) development. If approved by City Council,
there will be two more readings of the ordinance before the proposed change would take
place.
At this time City Council could take action to approve the first reading of an ordinance
amending the zoning ordinance of the City of Muscatine at the intersection of Tipton Road
and the U.S. 61 Bypass.
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C.
Resolution Approving the Plans, Specifications, Form of Contract and Cost Estimate and
Setting a Bid Opening Date for the Riverfront Force Main Improvement 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 Riverfront Force Main
Improvement Project. Previously a public hearing was held to receive public comment on the
proposed improvement. The project will be an open trench excavation replacing ductile iron
force mains along the Muscatine riverfront. The project will be routed through the riverfront
parking lot and along the north side of the public restrooms and basketball courts. West of
the basketball courts the routes will be in the open grass area between the paved paths. The
routes will keep the new force main on city property and within existing easements within
the railroad.
At this time City Council could take action by resolution approving the plans, specifications,
form of contract, cost estimate and setting the date for the receipt of bids for the Riverfront
Force Main Improvement Project.
D.
Resolution Awarding a Contract for the 2006 Muscatine Hot Mix Asphalt Paving Project
Presented for City Council’s consideration is a resolution awarding a contract for the 2006
Muscatine Hot Mix Asphalt Paving Project. Bids were accepted on March 10, 2006 with two
bids being submitted for this project. The bids were from Illowa Investment in the amount of
$619,870.40 and Brandt Construction in the amount of $601,242.65. The engineer’s estimate
was $604,207.98.
At this time City Council could take action by resolution awarding the contract for the 2006
Muscatine Hot Mix Asphalt Paving Project to Brandt Construction of Milan, Illinois, in the
amount of $601,242.65.
E.
Resolution Approving the Contract and Bond for the E. 5
th
Street Bridge Project
Presented for City Council’s consideration is a resolution approving the contract and bond
for the E. 5
th
Street Bridge Project. Previously the City Council awarded the contract for this
project to Iowa Bridge & Culvert LC in the amount of $1,159,396.89. The appropriate
contract and bond have been submitted for final review and have been approved by city staff.
At this time City Council could take action by resolution approving the contract and bond for
the E. 5
th
Street Bridge Project from Iowa Bridge & Culvert LC in the amount of
$1,159,396.89.
F.
Resolution Setting the Time and Place of a Public Hearing Concerning Complaints Against
Cigarette Permit Holders for Violating Iowa Code Chapter 453A and Seeking Imposition of a
Civil Penalty
Presented for City Council’s consideration is a resolution setting a public hearing on
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complaints concerning retail cigarette permit holder violations for employees selling tobacco
products to those underage. Recently the City of Muscatine conducted a tobacco compliance
check. Three retail facilities were found to be in violation of the state law for selling tobacco
products to those underage. Prior to a public hearing be held, those retailers in question have
an opportunity to enter into a settlement agreement to pay the civil penalty of $300 to avoid
the public hearing. However, in case the settlements are not reached, a public hearing will be
required.
At this time City Council could take action by resolution setting a public hearing concerning
complaints against cigarette permit holders for violating Iowa Code Chapter 453A and
seeking imposition of a civil penalty for Thursday, April 6, 2006, at 7 p.m.
G.
Resolution Accepting the Bid for the Pearl of the Mississippi Project – Phase II
Presented for City Council’s consideration is a resolution accepting the bid for the Pearl of
the Mississippi II Project. The city recently received two bids for the project with the lowest
bid submitted being that of Muscatine Bridge Inc. in the amount of $949,255. The other bid
submitted by HyBrand Industrial Contractors was for $1,045,000. The estimated cost for the
project was $813,000. The project will be paid for through a combination of private dollars
(approximately 52%) and public funds (approximately 48%).
At this time City Council could take action by resolution accepting the low bid for the Pearl
of the Mississippi Project – Phase II from Muscatine Bridge Inc. in the amount of $949,255.
H.
Resolution Authorizing the Mayor and City Clerk to Execute a Contract for the Construction
of Pearl II Upon Receipt of the Required Bond
Presented for City Council’s consideration is a resolution authorizing the Mayor and City
Clerk to execute a contract for the construction of Pearl II upon receipt of the required bond
document. Previously the City Council had taken action to award the low bid for
construction of Pearl II to Muscatine Bridge Inc. in the amount of $949,255. In order to meet
a very aggressive timetable for construction Council is being asked to preauthorize the
Mayor and City Clerk to execute the contract once all the appropriate documents and bond
assurances have been submitted to the city. The form of contract had been previously
submitted in the bid documents and therefore the city is now waiting for the appropriate bond
documentation.
At this time City Council could take action by resolution authorizing the Mayor and City
Clerk to execute a contract for the construction of Pearl II upon receipt of the required bond.
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I.
Request Approval to Enter Into Agreement with ShoemakerHaaland for Study Services for
the Marquette Street New Sanitary Sewer System
Presented for City Council’s consideration is a request to enter into an agreement with
ShoemakerHaaland for study services for the Marquette Street sanitary sewer system. The
City of Muscatine has recently requested a proposal from ShoemakerHaaland for an
engineering study of the Marquette Street neighborhood new sanitary sewer system. The new
public sanitary sewer system will most likely be a combination of gravity, sewer main, and
manholes as well as a new municipal lift station on the east of Marquette Street. The initial
concept study phase will study the various alternatives and combinations of lift station, force
main and gravity sewers to determine and recommend the optimum layout of a new system.
Funding for this study will be provided through the local option sales tax as preidentified
under the Marquette Street sewer improvement program. The cost of the study is estimated to
be a $9,440.
At this time City Council could take action to approve an agreement between the City of
Muscatine and ShoemakerHaaland in the amount of $9,440 for the Marquette Street sanitary
sewer system review.
J.
Request Approval to Enter Into a PreDesign Agreement with the Iowa Department of
Transportation for the Mississippi Drive Corridor Study
Presented for City Council’s consideration is a request to enter into a predesign agreement
with the Iowa Department of Transportation for the Mississippi Drive Corridor Study.
Previously the City of Muscatine had been awarded $60,000 from the Region 9 Federal
Service Transportation Program for the study. The funds require 20% nonfederal matching
funds ($15,000) to be provided by the City of Muscatine. This study will provide a detailed
analysis and develop recommendations for improvements to the U.S. 61/Iowa 92 business
corridor. Elements of the study are to include transportation planning, flood plain
development, and pedestrian and vehicular linkage between the Central Business District and
the riverfront areas that are separated by the U.S. 61/Iowa 92 and the IC&E Railroad. The
Mississippi Drive Corridor planning study may also include final design and construction
management. The study area will range from the Norman Beckey Bridge to the intersection
of Green Street where it merges with Grandview Avenue just south of Hershey Avenue. Prior
to a formal solicitation for proposals from qualified consultants, a predesign agreement
between the State of Iowa and the City of Muscatine must be entered into.
At this time City Council could take action to approve the predesign agreement between the
City of Muscatine and the Iowa Department of Transportation for the Mississippi Drive
Corridor Study.
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K.
Request Approval to Extend Leachate Hauling Contract
Presented for City Council’s consideration is a request to extend the leachate hauling
contract. The contract between the City of Muscatine and Dick Doyle Excavating Inc. to haul
leachate from the Muscatine Landfill to the Water Pollution Control Plant is due to expire
June 30, 2006. A request is being submitted to extend this contract under the current terms
through June 30, 2007. This will coincide with the anticipated expiration of the current
contract to haul solid waste from the transfer station to the landfill. At that time it would be
recommended to combine the two hauling jobs into one contract. Ultimately the anticipated
savings would be passed on to the City of Muscatine.
At this time City Council could take action to approve the contract extension between the
City of Muscatine and Dick Doyle Excavating Inc. to haul leachate from the Muscatine
Landfill to the Water Pollution Control Plant from June 30, 2006 to June 30, 2007.
L.
Request Approval of Partial Tax Exemptions
Presented for City Council’s consideration is a request to approve partial tax exemptions.
The city currently has three designated urban revitalization districts. If structures located
within one of the designated areas have made eligible improvements, the property qualifies
for a partial real estate tax exemption for a 10 year period. Recently Hoffmann Inc. located
within Progress Park became aware of the requirement to make requests to City Council for
the opportunity to file for the partial exemption. The County Assessor has agreed to accept
the application at this time pending Council approval. A total improvement for Hoffmann
Inc. located at 6001 49
th
Street South was $1,022,790.
At this time City Council could take action to approve the application for the partial tax
exemption from Hoffmann Inc. located at 6001 49
th
Street South.
M.
Request Approval of Agreement for 2006 General Aviation Vertical Infrastructure Program
Presented for City Council’s consideration is a request to approve an agreement for the 2006
General Aviation Vertical Infrastructure Program. Previously staff reviewed with Council the
opportunity to make application to the General Aviation Vertical Infrastructure Beacon
Tower Rehabilitation Program that will provide 70% funding from the State of Iowa for
repairs and improvements to vertical infrastructure located on a municipal airport. It is
anticipated that the state will enter into a statewide contract to provide maintenance services
including the painting of the beacon tower at the municipal airport and at other such airports
throughout the state. The state has allocated up to $15,000 total for each project that will
require the city’s share to be 30% or $4,500.
At this time City Council could take action to approve the application to the Iowa
Department of Transportation for the 2006 General Aviation Vertical Infrastructure Program
for the Muscatine Municipal Airport.
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13.
COMMUNICATIONS RECEIVE AND FILE
A.
Muscatine County Board of Supervisors – February 20 & 27, 2006
B.
Art Center Board of Trustees – February 16, 2006
C.
MP&W Board of Water, Electric, and Communications Trustees – January 31, 2006
D.
MP&W – Communications Utility – January 2006
E.
MP&W – Water Utility – January 2006
F.
MP&W – Electric Utility – January 2006
G.
Police Department Monthly Report – February 2006
14. APPROVAL OF BILLS
It is recommended bills totaling $953,362.19 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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