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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 20, 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 – April 6, 2006
B.
InDepth City Council Meeting – April 13, 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 – AE
* 13 – AC
* Bills*
* Approval of attached Bills for Approval totaling $1,186,580.55, as well as receipt summaries
for February 2006, is subject to the approval of any related agenda item(s).
8.
PUBLIC HEARING
A.
Proposed Issuance of $475,000 General Obligation Riverfront Improvement Bonds
Previously the City Council took action to establish a public hearing concerning the proposed
issuance of $475,000 of General Obligation Riverfront Improvement Bonds. Previous
Council action established an amount not to exceed $475,000 for the city’s portion of the
Pearl Project – Phase II. The contribution of these funds from the city for this project will be
provided for through a General Obligation Riverfront Improvement Bond. This bond will be
in conjunction with the city’s other general obligation offering scheduled for May 2006.
Prior to the issuance of said bonds, a public hearing is required.
Now is the time for the public to comment on the proposed issuance of $475,000 of General
Obligation Riverfront Improvement Bonds for the Pearl Project – Phase II.
B.
Proposed Muscatine Municipal Airport Improvements
Previously City Council took action to establish a public hearing for the proposed Muscatine
Municipal Airport Improvements. In 2005 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 6/24”. This will include crack and joint
sealing and cleaning and pavement repair to the runway apron and taxiway. The estimated
cost of the project is $37,000 with 95% of the funding coming from federal sources and the
remaining 5% from local funding sources. Prior to the improvements taking place, a public
hearing is required.
Now is the time for the public to comment on the proposed Muscatine Municipal Airport
Improvements.
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9.
PETITIONS AND COMMUNICATIONS
A.
First reading for a new Class C Liquor License and Sunday Sales Permit for Casey’s
Landing, 101 W. Mississippi Drive – Herbert Creighton (pending inspections and receipt of
dram shop certificate)
B.
Request on second reading for a new Class B Beer and Sunday Sales Permit for Pizza Ranch
Muscatine, 106 Ford Avenue – Psychodog Enterprises Inc.
C.
Request for renewal of a Class A Liquor License and Sunday Sales Permit for Muscatine
Moose Lodge #388, 207 Lake Park Blvd. – Loyal Order of Moose Lodge (pending receipt of
dram shop certificate)
D.
Request for renewal of a Class C Beer and Sunday Sales Permit for Bend City Marine, 608
East Harbor Drive – D&C Werner LLC
E.
Request for renewal of a Class C Liquor License and Sunday Sales Permit for Mike’s Hilltop
Tap, 929 Lucas Street – Mike’s Hilltop Tap Inc.
F.
Request for Use of City Property for 4
th
of July Celebration
Presented for City Council’s consideration is a request for the use of city property for the 4
th
of July celebration. The city has received a request from the Greater Muscatine Chamber of
Commerce and Industry for the use of city property for Muscatine’s 4
th
of July celebration.
GMCCI has requested the use of the riverfront to facilitate and host this year’s 4
th
of July
activities. The request for the closure will be on the 4
th
of July from 5:30 a.m. to 10:30 p.m.
on a portion of the riverfront yet to be designated due to the number of activities that are still
under consideration. It is recommended that City Council take action to allow staff to finalize
negotiations with the GMCCI for placement of these various community based activities on
the riverfront.
At this time City Council could take action to approve the request from the GMCCI for the
use of the riverfront on the 4
th
of July from 5:30 a.m. to 10:30 p.m. for community based
activities.
G.
Request for Use of City Property for 4
th
of July Parade
Presented for City Council’s consideration is a request from the GMCCI for the 4
th
of July
parade route. The parade will be held on the 4
th
of July beginning with a 3 p.m. staging time
with a designated 5 p.m. start time. The staging area will be on Iowa Avenue between 8
th
and
6
th
streets and on 6
th
Street between Iowa Avenue and Chestnut Street. The parade route will
proceed down Iowa Avenue from 6
th
Street to 3
rd
Street. From there the participants will turn
right on 3
rd
Street to Chestnut Street, proceed on Chestnut Street down to 2
nd
Street and 2
nd
Street to Walnut Street. Participants will turn left on Walnut Street to 3
rd
Street, turning right
on 3
rd
Street, proceeding to Mulberry Avenue and from Mulberry Avenue to 5
th
Street,
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turning left and proceeding on 5
th
Street. Past that point, the parade will begin to disband.
This parade route has been used successfully by the GMCCI in past years.
At this time City Council could take action to approve the request for the parade route for the
4
th
of July parade as submitted by the Greater Muscatine Chamber of Commerce and
Industry.
H.
Request for Use of City Property for RAGBRAI Activities
Presented for City Council’s consideration is a request for use of city property for RAGBRAI
activities. At the April InDepth meeting, a presentation for RAGBRAI activities scheduled
for July 29, 2006 was presented to City Council. Included in that presentation were numerous
requests for use of city facilities, parking lots, streets, etc., to accommodate this activity.
At this time City Council could take action to approve the request for use of city property for
RAGBRAI activities for Saturday, July 29, 2006.
I.
Request for Use of City Streets/Street Closure for Ramblin Rodders Car Club
Presented for City Council’s consideration is a request from the Ramblin Rodders Car Club
of Muscatine for the use of 2
nd
Street from Cedar to Pine streets on Friday nights dating May
5, 2006, June 2, 2006, August 4, 2006, and September 1, 2006. The request for street closure
would be from 5 p.m. to 9 p.m. and would be used to showcase participants in the car club.
At this time City Council could take action to approve the request submitted from the
Ramblin Rodders Car Club for the 2
nd
Street closure from Cedar to Pine streets on the above
noted dates.
10.
FROM THE MAYOR
A. Request Approval of Proclamation Declaring April 2329, 2006 as “National Volunteer
Week
B. Request Approval of Proclamation Declaring April 28, 2006 as “Arbor Day”
The above proclamations have been submitted for City Council’s consideration and approval.
C. Request Approval of Appointment of Matt Martin to the Library Board of Trustees
The above appointment has been submitted for City Council’s consideration and approval.
11. FROM THE PLANNING AND ZONING COMMISSION
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12. FROM THE CITY ADMINISTRATOR
A.
Final 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 final 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).
At this time City Council could take action on the third and final 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 Approving the Plans, Specifications, Form of Contract, Cost Estimate, and
Establishing a Bid Opening Date for Muscatine Municipal Airport Improvements
Presented for City Council’s consideration is a resolution approving the plans, specifications,
form of contract, cost estimate and establishing a bid opening date for the Muscatine
Municipal Airport Improvements. Previously a public hearing was held to receive public
comment on this proposed improvement. The improvement will include crack and joint
sealing and cleaning and pavement repair to the runway apron and taxiway. The estimated
cost of $37,000 will be paid through 95% federal funding and 5% from local funding.
At this time City Council could take action by resolution approving the plans, specifications,
form of contract, cost estimate, and establishing a bid opening date for May 11, 2006 at 10
a.m. for the Muscatine Municipal Airport Improvements identified as “Rehabilitation
Runway 6/24”.
C.
Resolution Setting Time/Place of Public Hearing on the Sale of $2,990,000 General
Obligation Corporate Purpose Bonds
Presented for City Council’s consideration is a resolution to proceed with the General
Obligation Riverfront Improvement Bonds and setting the date for the sale of $2,990,000 of
general obligation corporate purpose bonds for the City of Muscatine. Previously a public
hearing was held on the $475,000 in General Obligation Riverfront Improvement Bonds for
the Pearl Project – Phase II. The resolution for Council’s consideration at this time would
authorize the issuance of the $475,000 as well as combining the essential corporate purpose
bonds, art center bonds, park improvement bonds, and riverfront bonds into a total of
$2,990,000 of general obligation corporate purpose bonds and set a May 18, 2006 date for
the sale of this issue.
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At this time City Council could take action by resolution to proceed with the General
Obligation Riverfront Improvement Bonds and setting the date for the sale of $2,990,000 of
general corporate purpose bonds.
D.
Resolution Establishing a Public Hearing for the 20062007 Public Housing Agency Plan
and Attachments as Modified and Authorizing Submittal of Plan to HUD
Presented for City Council’s consideration is a resolution establishing a public hearing for
the 20062007 Public Housing Agency Plan and attachments as modified and authorizing
submittal of plan to HUD. In accordance with HUD requirements, the city must periodically
update and modify its Public Housing Agency Plan. The Muscatine City Council acting as
the Public Housing Agency for the city is responsible for such updates. Those updates are
currently being finalized by staff. Prior to any formal adoption by the City Council, a public
hearing is required.
At this time City Council could take action by resolution establishing a public hearing for the
Public Housing Agency Plan and modifications as required by the Department of Housing
and Urban Development for Thursday, May 4, 2006, at 7 p.m.
E.
Resolution Authorizing the Issuance of a Purchase Order for Exterior Painting of Sunset
Park
Presented for City Council’s consideration is a resolution authorizing the issuance of a
purchase order for the exterior painting of Sunset Park. Included in this year’s budget are
funds to repaint the exterior of six buildings at Sunset Park. Three bids were received with
the lowest responsible bid being that of Terry & Sons of Muscatine in the amount of
$29,160. There was $30,000 set aside for this project.
At this time City Council could take action by resolution authorizing the issuance of a
purchase order to Terry & Sons in the amount of $29,160 for exterior painting at Sunset
Park.
F.
Resolution Setting the Time and Place of a Public Hearing to Amend the Sign Regulations of
the City of Muscatine
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing to amend the sign regulations of the City of Muscatine. In 2005 the city’s
Zoning Board of Adjustment reviewed proposals for the installation of electronic messaging
centers (EMC’s) at the Muscatine Community Y and the Muscatine High School. Through
subsequent reviews, the placement of both signs were granted with certain limitations and
restrictions placed on the operation of the signs. Late in 2005 additional sign requests were
submitted for the same type of signs at other locations in the community. The city’s Planning
and Zoning Commission has reviewed a first draft for proposed changes in the sign
ordinance that would allow for the placement of such signs in our community. The change in
the ordinance would address the definition of EMC’s, where they may be located and on
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what conditions. At the Planning and Zoning Commission’s April meeting, the final review
of the ordinance changes was conducted by the Commission and they have now been
forwarded on for Council’s consideration. Prior to any formal action on any such changes, a
public hearing is required.
At this time City Council could take action by resolution setting the time and place for a
public hearing to amend the sign regulations for the City of Muscatine for Thursday, May 4,
2006, at 7 p.m.
G.
Resolution Approving the Final Development Plan for Aspen Villas Development
Presented for City Council’s consideration is a resolution approving the final development
plan for the Aspen Villas development located at the southeast intersection of Tipton Road
and U.S. 61 Bypass. Recently the city’s Planning and Zoning Commission unanimously
approved the final development plan for Aspen Villas.
At this time City Council could take action by resolution approving the final development
plan for the Aspen Villas development in the City of Muscatine.
H.
Resolution Awarding Contract for the Riverfront Force Main Improvement Project
Presented for City Council’s consideration is a resolution awarding the contract for the
Riverfront Force Main Improvement Project. The city is currently working to replace
portions of the sanitary sewer force main that travels between the Papoose Creek Lift Station
and Musser Park. Services with Stanley Consultants were secured to develop the plans and
specifications and to conduct a bid letting for this project. The engineer’s estimate for the
project was $1.3 million. Recently a bid process was conducted with three bids being
received. The lowest responsible bid was that of Sulzberger Excavating Inc. in the amount of
$788,944.50. After a review of the bids submitted, it is the recommendation from Stanley
Consultants that the city accept the bid as submitted by Sulzberger Excavating.
At this time City Council could take action by resolution awarding the contract for the
Riverfront Force Main Improvement Project to Sulzberger Excavating in the amount of
$788,944.50.
I.
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. Previous action by City Council had
established public hearings for violators of Iowa Code 453A.2 concerning the illegal sale of
tobacco products to minors. Two tobacco outlets were recently cited during a recent police
department tobacco compliance review. As outlined in the state statute, until such time that a
settlement is reached between the local entity and the offender, a public hearing will be
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required to review this matter. Since the time of setting the public hearing at the last Council
meeting, the two entities have agreed to a settlement of $300 apiece.
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 in the amount of $300 for violations that
occurred at 131 W. 2
nd
Street and 709 Grandview Avenue.
J.
Resolution Setting Time and Place of a Public Hearing Concerning Complaint Against
Cigarette Permit Holder 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 a complaint against a cigarette permit holder for violating Iowa
Code Chapter 453A and seeking imposition of a civil penalty. City Council has recently dealt
with a number of retail outlets that have violated Iowa Code Chapter 453A concerning the
sale of tobacco products to minors. At this time it is recommended that City Council take
action by resolution establishing a public hearing seeking the imposition of a civil penalty
against a retail outlet for the sale of tobacco products to minors. Prior to the imposition of the
civil penalty, a public hearing is required. If a settlement can be reached in advance of that
public hearing, it will be cancelled and the subsequent action will be placed on the Council’s
agenda for acceptance of that civil penalty.
At this time City Council could take action by resolution setting a public hearing concerning
a complaint against a cigarette permit holder for violating Iowa Code Chapter 453A and
seeking imposition of a civil penalty.
K.
Request Approval of Financial Agreement with Piper Jaffrey & Co.
Presented for City Council’s consideration is a request to approve a financial agreement
between the City of Muscatine and Piper Jaffrey & Co. These services will be related to the
city’s upcoming $2,990,000 general obligation bond issuance scheduled to be sold on May
18, 2006. The standard agreement form that details the scope of services, compensation and
other general contract provisions has been attached for your consideration. Compensation for
this service is detailed in sections 2 and 3. The calculated fee in section 2 totals $7,862.50. In
addition, to this base fee will be associated expenses for preparation, printing, etc., in an
amount not to exceed $2,500.
At this time City Council could take action to approve the financial advisory service
agreement between the City of Muscatine and Piper Jaffrey & Co. for the upcoming general
obligation bond issue.
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L.
Request Approval of Compensation Plan Review Committee’s Recommendation for Pay
Increases
Presented for City Council’s consideration is a request to approve the Compensation Plan
Review Committee’s recommendation for pay increases. This matter was previously tabled
by the City Council for clarification on the number of individuals that would be affected by
this action and the total dollar amount that would be adjusted in the city’s budget. As part of
the clarification, it should be noted that this request affects seven employees including five
police lieutenants, one Building and Grounds Supervisor, and one Art Center Director. The
total requested is $14,835.63 and reflects a 3.5% increase for the new fiscal year as well.
At this time City Council could take action to accept the Compensation Plan Review
Committee’s request for pay adjustments for the above noted positions effective July 1, 2006.
13.
COMMUNICATIONS RECEIVE AND FILE
A.
Muscatine County Board of Supervisors – April 3, 2006
B.
Board of Water, Electric, and Communications Trustees – February 28, 2006
C.
NFPA Survey – March 2006
14. APPROVAL OF BILLS
It is recommended bills totaling $1,186,580.55, as well as receipt summaries for February 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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