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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, APRIL 6, 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 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 – AC
* 13 – AG
* Bills*
* Approval of attached Bills for Approval totaling $1,549,451.40 is subject to the approval of
any related agenda item(s).
8.
PUBLIC HEARING
9.
PETITIONS AND COMMUNICATIONS
A.
Request on first reading for a new Class B Beer and Sunday Sales Permit for Pizza Ranch
Muscatine, 106 Ford Avenue – Psychodog Enterprises Inc. (pending receipt of dram shop
certificate and inspections)
B.
Request for renewal of a Class A Liquor License and Sunday Sales Permit for American
Legion Club, 110 Houser Street – Edward H. Bitzer Post #27 of the American Legion of
Iowa (pending receipt of dram shop certificate)
C.
Request for a new Outdoor Service Area for The Button Factory Woodfire Grille, 215 W.
Mississippi Drive – The Button Factory Restaurant LLC
D.
Request Authorization to Transfer Surplus Property to the City of Fruitland
Presented for City Council’s consideration is a request to transfer surplus property to the City
of Fruitland. The request is for the city to transfer ownership of a used lift from the city’s
transit system. The current lifts on the city transit buses are scheduled to be replaced in the
very near future. The request from the mayor of Fruitland will enable that city to address the
concern of a resident within that community. If the City Council wishes to approve this
transfer of property, it must first declare the lift as surplus and offer it to the City of
Fruitland.
At this time City Council could take action to declare property as surplus and offer said
property to the City of Fruitland.
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E.
Request for Use of City Property for Great River Days Street Sale and Bend of the
Mississippi Arts and Craft Fair
Presented for City Council’s consideration is a request from the Greater Downtown
Merchants Association (GDMA) to conduct the Great River Days Street Sale and Bend of
the Mississippi Arts and Craft Fair for Saturday, July 29, 2006. The request is to close 2
nd
Street from Mulberry Avenue to Pine Street from 5 a.m. to 6 p.m. Cross streets on 2
nd
Street
would remain open to accommodate traffic due to the RAGBRAI event that will take place
the same day. The purpose of the street closing is to promote the craft fair and street sale
activity.
At this time City Council could take action to approve the request from the GDMA for a
street closing on 2
nd
Street from Mulberry Avenue to Pine Street on Saturday, July 29, 2006,
from 5 a.m. to 6 p.m. for the Great River Days Street Sale and Bend of the Mississippi Arts
and Craft Fair.
10.
FROM THE MAYOR
11. FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat for the Cedar Hills Addition a County Subdivision
within Two Miles of the City Limits
Presented for City Council’s consideration is a resolution approving the final plat for the
Cedar Hills Addition a county subdivision within two miles of the city limits. Previously this
matter was before City Council and rejected because it included property with a portion of
real estate located partially in the City of Muscatine and partially in Muscatine County. The
owner of the real estate has now requested a subdivision of only the portion of the property
that is located within the county. The remaining parcel located within the city limits will be
left undisturbed for future development. The city’s Planning and Zoning Commission has
reviewed this request and is recommending approval of this subdivision as it conforms to the
rural road standards for subdivisions located within two miles of the corporate limits. Also,
staff was able to negotiate an easement for the future extension of sanitary sewer to this site
at an appropriate location. The subdivision will also be supplied with water from Muscatine
Power and Water, and the water supply and fire hydrants will meet municipal fire protection
standards.
At this time City Council could take action by resolution approving the final plat for the
Cedar Hills Addition a county subdivision within two miles of the city limits.
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12. FROM THE CITY ADMINISTRATOR
A.
Second 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 second 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. The request is to change the zoning for the 12.254 acre parcel of real estate
located at the southeast intersection of Tipton Road and the U.S. 61 Bypass from single
family residential (R1) to large scale residential (RL). Previously the City Council took
action to approve the outline development plan for the project. It is proposed that 29 duplex
structures (58 units) of owner occupied housing will be built within this subdivision.
At this time City Council could take action on the second 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.
B.
Resolution to Fix a Date of Meeting at Which It is Proposed to Take Action for the Issuance
of $475,000 General Obligation Riverfront Improvement Bonds
Presented for City Council’s consideration is a resolution to fix a date of meeting at which it
is proposed to take action for the issuance of $475,000 General Obligation Riverfront
Improvement Bonds. Previously the City Council approved a resolution to issue up to
$385,000 of riverfront improvement bonds for the project known as the Pearl Project – Phase
II. However, bids for the project were higher than estimated and additional funding was
required. The City Council at a special meeting on March 15, 2006 chose to increase the
bond funding for this project by $90,000 to $475,000. They also elected to use up to $60,000
from the balance remaining on several closed street projects for the funding shortfall. In
order to proceed with this project, it is appropriate to establish a public hearing in advance of
the sale of the bonds.
At this time City Council could take action by resolution establishing a public hearing for
Thursday, April 20, 2006, at 7 p.m. for the issuance of $475,000 in General Obligation
Riverfront Improvement Bonds.
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C.
Resolution Approving Orders Accepting Acknowledgement/Settlement Agreements and
Imposing Civil Penalty with Regard to Cigarette Permit Holders’ Violations of Iowa Code
453A.2
Presented for City Council’s consideration is a resolution approving orders accepting
acknowledgement/settlement agreements and imposing civil penalty with regard to cigarette
permit holders’ violations of Iowa Code 453A.2. Previously City Council had taken action to
establish a public hearing on the proposed violations; however, at this time the three violators
in question have signed the acknowledgement/settlement agreements waiving the public
hearing and accepting the imposition of a $300 civil penalty. Payment has been submitted to
the City of Muscatine.
At this time City Council could take action by resolution approving orders accepting
acknowledgement/settlement agreements and imposing civil penalty with regard to cigarette
permit holders’ violations of Iowa Code 453A.2.
D.
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 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. On March 9, 2006, the
Muscatine Police Department undertook compliance checks with local vendors concerning
the sale of tobacco products to persons under the legal age. During that check, two retail
sales permit holders were found to be in violation of this section of the Iowa Code. As part of
the process, a public hearing is established to allow for comment to be made on the
complaints filed by the city attorney against certain cigarette retail permit holders within the
City of Muscatine.
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 20, 2006, at 7 p.m.
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E.
Resolution Authorizing the Mayor to Sign a Subordination Agreement for 615 E. 8
th
Street
Presented for City Council’s consideration is a resolution authorizing the Mayor to sign a
subordination agreement for 615 E. 8
th
Street. The resident of this property had participated
in the city’s 2003 Housing Rehabilitation Program that provided a $24,999 fiveyear
forgivable loan to complete a variety of rehabilitation services on her property. The owner of
the property now wishes to refinance. Under the terms of the initial contract between the City
of Muscatine and the Iowa Department of Economic Development, the city may consider all
housing fund mortgages to be secondary to any other property mortgage. CitiFinancial has
provided a subordinate agreement and is requesting the city approve it as soon as possible.
The city has participated in other such subordination agreements in the past.
At this time City Council could take action by resolution authorizing the Mayor to sign a
subordination agreement for 615 E. 8
th
Street.
F.
Resolution Approving Contract and Bond for the Muscatine Hot Mix Asphalt Paving Project
Presented for City Council’s consideration is a resolution approving the contract and bond
for the Muscatine Hot Mix Asphalt Paving Project. Previously the City Council took action
to award the contract for the 2006 Hot Mix Asphalt Paving Project to Brandt Construction in
the amount of $601,242.65. The appropriate contract and bond material have been submitted
and approved by city staff.
At this time City Council could take action by resolution approving the contract and bond for
the Hot Mix Asphalt Overlay Project for 2006 from Brandt Construction in the amount of
$601,242.65.
G.
Resolution Setting 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 Muscatine
Municipal Airport Improvements
Presented for City Council’s consideration is a resolution setting 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 Muscatine Municipal Airport Improvements. Previously the City
Council had approved a grant application to the Federal Aviation Administration for funding
to undertake runway maintenance activities known as the “Rehabilitation Runway 624”. This
will include crack and joint sealing and cleaning and pavement repair to the runway apron
and taxiway. The estimated cost of $37,000 for these improvements will be paid by 95%
federal funding and 5% local funding.
At this time City Council could take action to establish a public hearing on the plans,
specifications, form of contract, cost estimate, and establishing a bid opening date for the
Muscatine Municipal Airport Improvements for Thursday, April 20, 2006, at 7 p.m.
H.
Request Approval of Fire Protection Agreement for Property Known as the Paul Morrow
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Warehouse
Presented for City Council’s consideration is a request to approve a fire protection agreement
for property known as the Paul Morrow Warehouse. Since 1975, the City of Muscatine has
had five agreements for fire protection services for properties located outside the city limits.
These properties include Lutheran Homes, the former Bandag Plant #2 location, HNI Geneva
Plant, the Eagles Lodge, and the former Paul Morrow Warehouse. These properties are billed
annually for the services based on their taxable values and the annual taxes that will be paid
for fire protection if these properties were located within the city limits. The Eagles Lodge
has indicated they wish to discontinue this agreement effective this year. The fire protection
agreements provide that rights under the agreement cannot be reassigned. The property in
question has now been sold to Joseph Manjoine and he has requested that city fire protection
services continue to the existing property. A new agreement with Mr. Manjoine is needed in
order to continue this service. The calculated fee for services for 2005/2006 is $1,292.
At this time City Council could take action to approve the fire protection agreement between
the City of Muscatine and Joseph Manjoine for 2005/2006 in the amount of $1,292 for the
property formerly known as the Paul Morrow Warehouse.
I.
Request Approval to Renew Contract Between the City of Muscatine and the Genesis
Employee Assistance Program (EAP)
Presented for City Council’s consideration is a request to approve the renewal of the contract
between the City of Muscatine and the Genesis Employee Assistance Program (EAP). The
contract for these services between the city and Genesis will expire on June 30, 2006. City
Council is requested to approve a renewal of the contract for two more years. The rate will
remain at $3.30 per employee. This rate has remained the same since the original agreement
was entered into in 2001.
At this time City Council could take action to approve a contract renewal between the City of
Muscatine and Genesis Employee Assistance Program (EAP).
J.
Request Approval of Contracts with the Blue/White Collar and Police Bargaining Units
Presented for City Council’s consideration is a request to approve contracts with the
Blue/White Collar and Police Bargaining Units. The city has received signed copies of the
union contracts for both of these bargaining units. Both contracts are for the period beginning
July 1, 2006 through June 30, 2008.
At this time City Council could take action to approve the contracts between the City of
Muscatine and the Blue/White Collar and Police Bargaining Units.
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K.
Request Approval of Traffic Item
Presented for City Council’s consideration is a request to approve the elimination of the
traffic signals at E. 5
th
and Cedar streets and E. 5
th
and Mulberry Avenue. Earlier this year
Muscatine Power and Water was engaged in maintenance activities that rendered the traffic
signals at E. 5
th
and Cedar streets inoperable during that time period. At the same time, a
request was received from Fire Chief Steve Dalbey and Police Chief Gary Coderoni to
examine whether or not it would be appropriate to eliminate the signalization at this
intersection and replace it with a four way stop. In order to gauge the impact of such a
change, a request was made to Muscatine Power and Water to delay the reimplementation of
traffic signals at this intersection. Following a designated review period, the Traffic
Committee met to review this recommendation. Based on a number of factors, the Traffic
Committee is making a recommendation that the City Council remove the signals at both of
the above named intersections. In addition the midblock signalization for the Public Safety
Building will also be removed.
At this time City Council could take action to approve the request to remove the traffic
signals at the intersections of E. 5
th
and Cedar Streets and E. 5
th
Street and Mulberry Avenue
and replace them with four way stop signs.
L.
Request Approval to Accept the Transit Joint Participation Agreement with the Iowa
Department of Transportation for the Job Access/Reverse Commute Project
Presented for City Council’s consideration is a request to accept the Transit Joint
Participation Agreement with the Iowa Department of Transportation for the Job
Access/Reverse Commute Project. Previously the City Council conducted a public hearing
and took application to make application for $38,000 to the Iowa Department of
Transportation for the Job Access/Reverse Commute Program (JARC). These funds will pay
50% of the operating costs of the JARC program with the city participating at the same level
($38,000). The effective dates of the agreement are from October 1, 2005 through March 30,
2008.
At this time City Council could take action to approve the IDOT Joint Participation
Agreement for the Job Access/Reverse Commute Program.
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M.
Request Approval of Pay Increases as Submitted by the Compensation Review Committee
Presented for City Council’s consideration is a request to approve pay increases as submitted
by the Compensation Review Committee. Annually the city provides an opportunity for its
employees to petition the city for review of the compensation assigned to their particular job
classification. Recently the city’s Compensation Review Committee met to review four
requests covering nine employees. They include the Building and Grounds Supervisor, the
Police Lieutenant position, the Art Center Director, and Office Coordinators. Following the
review by the committee, the following recommendations were made:
1.
Increasing Step 5 of the Building and Grounds Supervisor position resulting in a
$2,586 increase.
2.
Increasing Step 5 of the Police Lieutenant position from $54,437 to $56,507.54
resulting in an increase of $2,071.
3.
Increasing Step 5 of the Art Center Director Position from $61,922 to $63,471.26
resulting in an increase of $1,549 increase.
No change is being recommended at this time to the Office Coordinator position until a
further study and review is conducted. In total $12,419 is being requested in additional
compensation for a total of six positions effective July 1, 2006.
At this time City Council could take action to approve the recommendations submitted by the
city’s Compensation Review Committee.
N.
Request Approval to Purchase OneTon Truck and Dump Body for the Transfer Station
Presented for City Council’s consideration is a request to approve a oneton truck and dump
body for the transfer station. Included in this year’s fiscal budget are funds for the purchase
of a oneton truck and dump body for the refuse collection operation. Bids were solicited and
opened on March 7, 2006 for the dump body and March 27, 2006 for the chassis. Five bids
were received for the dump box with the lowest responsible bid being submitted by Monroe
Truck Equipment in the amount of $9,376. Two bids were received for the chassis with the
lowest responsible bid being submitted by Reynolds Motor Company in the amount of
$19,202. The total cost for the package will be $28,578. There was $35,000 budgeted for this
purchase.
At this time City Council could take action to approve the purchase of a oneton truck from
Reynolds Motors in the amount of $19,202 and a dump box from Monroe Truck Equipment
in the amount of $9,376 at a total cost of $28,578.
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O.
Request Approval to Submit Grant Application for the Fire Department
Presented for City Council’s consideration is a request to submit a grant application for the
Muscatine Fire Department. The city is seeking funding for the purchase of a new breathing
air compressor and upgrades to our selfcontained breathing apparatus. The total cost of the
project is $120,900 of which the city would be responsible for 10% or $12,090. The grant
program is administered by the Department of Homeland Security which is the same
program that we received previous funding from for breathing apparatus and a new fire truck.
At this time City Council could take action to approve the submission of a grant application
for the Fire Department.
P.
Request Approval to Issue Purchase Order for Landscaping Services
Presented for City Council’s consideration is a request to issue a purchase order for
landscaping services. As part of the Fuller Park erosion remediation project, it is necessary
for the city to move forward with appropriate landscaping to complete the work that has
already been done. The earth work activities have been completed at this time. Proposals
were submitted from two local firms with the low responsible bid being that of Bayfield
Landscaping in the amount of $7,600. City staff is recommending that the bid be authorized
to complete the site preparation and seeding work for this project. This project is part of the
1% sales tax program and is being done in conjunction with planning for the Fuller Park disc
golf project.
At this time City Council could take action to authorize the issuance of a purchase order to
Bayfield Landscaping in the amount of $7,500 for landscaping services at Fuller Park.
Q.
Request Approval of Joint Participation Agreement with the Iowa Department of
Transportation for the Purchase of Six Transit Buses and Necessary Accoutrements
Presented for City Council’s consideration is a request to approve a joint participation
agreement with the Iowa Department of Transportation for the purchase of six transit buses
and necessary accoutrements. Previously the city was authorized to participate in a joint
purchasing arrangement through the IDOT for replacement of transit buses. Through this
arrangement, the city will be provided federal funding for the purchase of two buses at 83%,
four buses at 80%, the purchase of a scanner tool at 80%, the purchase of rear vision cameras
at 80% and the purchase of a repeater for radio tower at 80%. In total the city will receive
federal funding in the amount of $331,360 for these items. The remaining funding will be
provided through the city’s transit operation fund balance.
At this time City Council could take action to approve a joint participation agreement with
the IDOT for the purchase of six transit buses and necessary accoutrements.
13.
COMMUNICATIONS RECEIVE AND FILE
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A.
Muscatine County Board of Supervisors – March 6, 13 & 20, 2006
B.
Library Board of Trustees – February 15, 2006
C.
Senior Resources – March 28, 2006
D.
MP&W Operating Statements – Water Utility – February 2006
E.
MP&W Operating Statements – Communications Utility – February 2006
F.
MP&W Operating Statements – Electric Utility – February 2006
G.
City of Muscatine Financial Statements – February 2006
14. APPROVAL OF BILLS
It is recommended bills totaling $1,549,451.40 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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