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CITY COUNCIL

Osama Shihadeh

At Large

Dick O'Brien

Mayor

Robert Howard

At Large

Robert Bynum

Ward

Phil Fitzgerald

Ward

Bill Trent

5th Ward

2006 MEETING SCHEDULE

Marie Press

Ward

Scott Day

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, MAY 4, 2006

COUNCIL CHAMBERS CITY HALL

CALL TO ORDER

2. ROLL CALL

3. OPENING PRAYER

4. PLEDGE OF ALLEGIANCE

5. COMMUNICATIONS – CITIZENS

6. MINUTES APPROVAL

Regular City Council Meeting – April 20, 2006

Joint City Council/County Board of Supervisors – April 27, 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

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 $769,189.24 is subject to the approval of any

related agenda item(s).

PUBLIC HEARING

Proposed Submission of 20062007 Public Housing Agency Plan to HUD

Previously the City Council took action to establish a public hearing on the proposed

submission of the 20062007 Public Housing Agency Plan to the Department of Housing and

Urban Development. Periodically the city, acting as the local Public Housing Agency, is

required to update and submit to HUD the Public Housing Agency Plan. This plan outlines

the procedures and policies of the public housing activity within the City of Muscatine. This

plan is comprised of federal requirements pertaining to public housing activities within the

city as well as input from the tenants of our facilities as well. The plan outlines for eligibility

for participation by individuals within the community as it pertains to public housing. Prior

to the formal submission of the plan to HUD, a public hearing is required.

Now is the time for the public to comment on the 20062007 Public Housing Agency Plan

and its submission to HUD.

Proposed Amendment of Sign Regulations for the City of Muscatine

Previously the City Council took action to establish a public hearing on the proposed

amendment to the city’s sign regulations. 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. Subsequent reviews of a draft

ordinance to change the city’s current sign ordinance to allow for these signs have been

conducted by the city’s Planning and Zoning Commission. The proposed change in the

current ordinance would address the definition of EMC’s, where they may be located and on

what conditions. Prior to any formal action by City Council on this matter, a public hearing is

required.

Now is the time for the public to comment on the proposed change to the city’s sign

ordinance.

Proposed Imposition of Civil Penalty Against Cigarette Permit Holder

Previously the City Council took action to establish a public hearing on the proposed

imposition of a civil penalty against a cigarette permit holder. As a result of a recent tobacco

compliance check by the Muscatine Police Department, the holder of a cigarette permit was

cited for selling tobacco products to minors. As part of the procedures outlined in Iowa Code

Chapter 453A, a public hearing is required before the imposition of any civil penalty is set by

the local governing body. If a settlement is reached prior to the City Council meeting, the

public hearing will not be held.

Now is the time for the public to comment on the proposed imposition of a civil penalty for

the violation of Iowa Code Chapter 453A.

PETITIONS AND COMMUNICATIONS

Second reading for a new Class C Liquor License and Sunday Sales Permit for Casey’s

Landing, 101 W. Mississippi Drive – Herbert Creighton (pending receipt of lease)

Request for renewal of a Class B Beer and Sunday Sales Permit for Hubble’s, 214 E. 2

Street – Hubble’s LLC

Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Hut, 2512 Park

Avenue – Pizza Hut of Muscatine Inc.

Request for Use of City Property for Downtown Movie Night

10.

FROM THE MAYOR

A. Proclamation Declaring May 2006 as “Bike Month” and May 1519, 2006 as “Bike to Work

Week”

B. Proclamation Declaring May 1420, 2006 as “National Police Week” and May 17, 2006 as

“Peace Officer’s Memorial Day”

C. Proclamation Declaring May 1420, 2006 as “Iowa School Board Recognition Week”

The above proclamations have been submitted for City Council’s consideration and approval.

11. FROM THE PLANNING AND ZONING COMMISSION

12. FROM THE CITY ADMINISTRATOR

First Reading of an Ordinance to Amend Sign Regulations in the City of Muscatine

Presented for City Council’s consideration is the first reading of an ordinance to amend the

sign regulations within the City of Muscatine. Previously a public hearing was held to

receive public comment on this proposed action. The proposed changes pertain to electronic

message centers (EMC’s). The changes would include a definition of such a sign and the

appropriate placement of those signs in the various zoning districts within the City of

Muscatine. Finally, the terms and conditions of the use of those signs within those districts

would also be outlined in the proposed changes.

At this time City Council could take action on the first reading of an ordinance amending

Title 10 of the City Code relating to sign regulations within the City of Muscatine.

Resolution Authorizing the Submission of 2006 Muscatine Municipal Housing Agency

Annual Plan and Attachments as Modified to HUD

Presented for City Council’s consideration is a resolution authorizing the submission of the

2006 Muscatine Municipal Housing Agency Annual Plan and attachments as modified to

HUD. Previously a public hearing was held to receive public comment on the proposed

changes to the city’s Public Housing Agency Plan. The plan outlines regulations and

procedures as directed by HUD for the operation of public housing units within the City of

Muscatine. It also incorporates recommendations and changes as submitted by the tenant

organizations within the Clark House and Sunset Park.

At this time City Council could take action by resolution authorizing the submission of the

2006 Muscatine Municipal Housing Agency Annual Plan and attachments as modified to

HUD.

Resolution Authorizing Issuance of Purchase Order for Roof Coating of Clark House

Presented for City Council’s consideration is a resolution authorizing the issuance of a

purchase order for roof coating of the Clark House. Included in this fiscal year’s budget for

improvements at the Clark House are funds for roof coating activities. Bids were received

from two vendors with the low apparent bidder being D.C. Taylor Company in the amount of

$26,603. A total of $25,000 was budgeted for this activity. Additional funding is available

from the Sunset Park Capital Funding Reserve Replacement Account.

At this time City Council could take action by resolution to accept the bid from D.C. Taylor

Company in the amount of $26,603 for the recoating of roof membrane at the Clark House.

Resolution Approving Contract and Bond for the Riverfront Force Main Improvement

Project

Presented for City Council’s consideration is a resolution approving the contract and bond

for the Riverfront Force Main Improvement Project. Previously the City Council took action

to accept the bid from Sulzberger Excavating Inc. in the amount of $788,944.50 for

replacement of portions of the riverfront force main. The appropriate contract and bond have

been submitted for staff review and are now being forwarded for City Council’s approval.

At this time City Council could take action by resolution approving the contract and bond for

the Riverfront Force Main Improvement Project.

Resolution Setting the Time and Place of a Public Hearing on Repairs to the Industrial

Connector Railroad Crossing at MPW Gate #2

Presented for City Council’s consideration is a resolution setting the time and place of a

public hearing on repairs to the Industrial Connector railroad crossing at MPW Gate #2. The

city has the responsibility for repair and maintenance of this railroad crossing and with the

establishment of a public hearing, the process for the eventual repair of this crossing will

begin. The project will, at a minimum, involve the replacement of roadway approaches,

rubber panels, and rails as well as additional ballast at that area. There was $60,000 budgeted

for this activity. Prior to any formal action begin taken on this activity, a public hearing is

required.

At this time City Council could take action by resolution establishing the time and place of a

public hearing on repairs to the Industrial Connector railroad crossing at MPW Gate #2 for

Thursday, May 18, 2006, at 7 p.m.

Resolution Setting the Time and Place of a Public Hearing on Amendment #2 for the

FY2005/2006 City Budget

Presented for City Council’s consideration is a resolution setting the time and place of a

public hearing on Amendment #2 for the fiscal year 2005/2006 city budget. Each fiscal year

the City Council is given the opportunity to amend the current fiscal year budget to reflect

changes in both revenues and expenditures that occur throughout the year. The first

opportunity for Council to take such action is in conjunction with the adoption of the annual

fiscal year budget in advance of the March 15

deadline established by state statute. The

second opportunity presents itself no later than 30 days in advance of the end of the fiscal

year. Submitted for City Council’s consideration is information pertaining to the

establishment of the public hearing for such amendments.

At this time City Council could take action by resolution establishing a public hearing for

Amendment #2 for the fiscal year 2005/2006 city budget for Thursday, May 18, 2006, at 7

p.m.

Resolution Authorizing the Sale of City Property to Bonnie Wilks – 1204 E. 4

Street

Presented for City Council’s consideration is a resolution authorizing the sale of city

property to Bonnie Wilks. Recently the City Council authorized staff to advertise surplus

property located at 1204 E. 4

Street for sale. Bids were received for the property with the

best overall bid being submitted by Bonnie Wilks in the amount of $23,550. This property

was recently obtained by the City of Muscatine from the Department of Housing and Urban

Development. City Council recently set guidelines and parameters for the sale of the

property. Proceeds will be returned to the city’s housing capital improvement fund.

At this time City Council could take action by resolution authorizing the sale of city property

located at 1204 E. 4

Street to Bonnie Wilks in the amount of $23,550.

Resolution Approving an Executed Deed Between the City of Muscatine and Bonnie Wilks –

1204 E. 4

Street

Previously the City Council took action to approve the sale of city property located at 1204

E. 4

Street to Bonnie Wilks. At this time it is necessary for Council to authorize the

executed deed for the sale of such property.

At this time City Council could take action by resolution approving an executed deed for the

sale of city property located at 1204 E. 4

Street to Bonnie Wilks.

Resolution Approving the Administrative Plan for the 2006 Housing Rehabilitation Program

Presented for City Council’s consideration is a resolution approving the administrative plan

for the 2006 Housing Rehabilitation Program. Recently the city was awarded a CDBG grant

for housing rehabilitation activities in a targeted area of the Riverbend Neighborhood Area.

As with previous grants for rehabilitation activities, there are several conditions the city must

meet before a contract can be signed and funding released. Among these conditions is that

the city is required to develop an administrative plan that will be used to implement

distribution of the funds to eligible property owners in the targeted area. In addition, there are

other items requiring approval prior to the formalization of the agreement between the City

of Muscatine and the Iowa Department of Economic Development for these grant funds.

At this time City Council could take action by resolution approving the administrative plan

for the 2006 Housing Rehabilitation Program.

Resolution Establishing a Policy on the Prohibition of Use of Excessive Force within the

City of Muscatine

Presented for City Council’s consideration is a resolution establishing a policy on the

prohibition of use of excessive force within the City of Muscatine. As one of the conditions

of the receipt of funds from the IDED for CDBG housing rehabilitation activities, the city

must pass a resolution to establish a policy on the prohibition of the use of excessive force

within the City of Muscatine. Because these funds originated from the federal level, this

provision is required prior to the receipt of these funds from any city within the State of

Iowa. This policy essentially mirrors current city policy as it pertains to using excessive force

within the City of Muscatine. In order for these funds to be funneled through the CDBG

program, adoption of this resolution is required.

At this time City Council could take action by resolution establishing a policy on the

prohibition of the use of excessive force within the City of Muscatine.

Resolution Establishing the Muscatine Rehabilitation Committee as an AdHoc Committee

to Provide for the Community Development Block Grant Rehabilitation Project and

Appointing Membership of that Committee

Presented for City Council’s consideration is a resolution establishing the Muscatine

Rehabilitation Committee as an adhoc committee to provide oversight for the city’s

Community Development Block Grant Rehabilitation Project and to appoint the membership

of that committee. As required for the receipt of CDBG funds in the State of Iowa for this

type of project, the city is required to establish an adhoc committee that will work with city

staff to provide oversight and recommendations for eligibility for participation in this project.

Previous CDBG rehab programs had similar adhoc committee participation.

At this time City Council could take action by resolution establishing the Muscatine

Committee as an adhoc committee to provide for the CDBG Rehabilitation Project and

appointing membership of that committee.

Resolution Approving Use of Federal Grant Funds for Housing Rehabilitation Forgivable

Loans

Presented for City Council’s consideration is a resolution approving the use of federal grant

funds for housing rehabilitation forgivable loans. As part of the CDBG program for housing

rehabilitation activities, the city is being required to establish a loan policy that provides for

forgivable loans for eligible participants. Eligible participants in the program will receive

funding for rehabilitation activities and after a designated time period, the loans will be

forgiven.

At this time City Council could take action by resolution using federal grant funds for

housing rehabilitation forgivable loans.

Resolution Establishing a Residential AntiDisplacement and Relocation Assistance Plan

Under Section 104 (d) of the Housing and Community Development Act of 1974, as

Amended

Presented for City Council’s consideration is a resolution to establish a residential anti

displacement and relocation assistance plan under Section 104(d) of the Housing and

Community Development Act of 1974, as amended. As a requirement for the receipt of

CDBG rehabilitation funds, the city must take action to adopt a residential antidisplacement

and relocation assistance plan. The city is required to adopt a plan that will minimize the

direct and indirect displacement of persons from their homes as a result of rehabilitation

within the targeted area.

At this time City Council could take action by resolution to establish a residential anti

displacement and relocation assistance plan under Section 104(d) of the Housing and

Community Development Act of 1974, as amended.

Request Approval of Change Order #7 for the CBD/W. 3

Street Sewer Project

Presented for City Council’s consideration is a request to approve Change Order #7 for the

CBD/W. 3

Street Sewer Project. This change order allows for replacement of the entire

street with concrete instead of asphalt that was originally planned on E. 8

Street between

Cedar and Orange streets. It is estimated that this will result in an approximate savings of

$178,000. The savings is a combination of an error in the original quantifying estimate used

for bidding and a reduced price from the concrete subcontractor.

At this time City Council could take action to approve Change Order #7 for the installation

of a concrete street on E. 8

Street between Cedar and Orange streets.

Request to Declare Property as Surplus

Presented for City Council’s consideration is a request to declare property as surplus. In

advance of the city’s auction that is scheduled for May 20, 2006, a list of items are being

forwarded for City Council’s consideration as declaration as surplus.

At this time City Council could take action to declare certain items of city property as surplus

and authorizing their sale at the May 20, 2006 city auction.

Request Authorization to Purchase RearVision Cameras for Transit Buses

Presented for City Council’s consideration is a request for authorization to purchase rear

vision cameras for transit buses. Recently the city’s MuscaBus system received an agreement

from the Iowa Department of Transportation for the purchase of 10 rearvision cameras for

the city’s transit buses. The low bid for the cameras was received from FSS Inc. of Illinois

City, Illinois, in the amount of $5,745. Federal funding will pay 80% of the purchase price

($4,596) and local funds will pay for the remaining 20% ($1,149).

At this time City Council could take action to authorize the issuance of a purchase order to

FSS Inc. of Illinois City, Illinois, in the amount of $5,754 for the purchase of rearvision

cameras for the MuscaBus system.

Resolution approving Order Assessing Civil Penalty with Regard to Cigarette Permit Holder

Violation of Iowa Code 453A.2

Resolution Approving Order Accepting Acknowledgement/Settlement Agreement and

Imposing Civil Penalty with Regard to Cigarette Permit Holder Violations of Iowa Code

453A.2

One of the above resolutions will be require City Council’s approval at this time.

13.

COMMUNICATIONS RECEIVE AND FILE

Muscatine County Board of Supervisors – April 10 & 17, 2006

Senior Resources – March 28, 2006

City of Muscatine Financial Reports – March 2006

Police Department Monthly Report – March 2006

MP&W Operating Statements – Electric Utility – March 2006

MP&W Operating Statements – Water Utility – March 2006

MP&W Operating Statements – Communication Utility – March 2006

14. APPROVAL OF BILLS

It is recommended bills totaling $769,189.24 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