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Osama Shihadeh
CITY COUNCIL
At Large
Dick O'Brien
Mayor
Robert Howard
At Large
Robert Bynum
4
th
Ward
Phil Fitzgerald
1
st
Ward
Bill Trent
5th Ward
2007 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
In-depth Meetings
A.J. Johnson
City Administrator
January 4 & 18
July 5 & 19
January 11
July 12
February 1 & 15
August 2 & 16
February 8
(None in August)
March 1 & 15
September 6 & 20
March 8
September 13
April 5 & 19
October 4 & 18
April 12
October 11
May 3 & 17
November 1 & 15
May 10
November 8
June 7 & 21
December 6 & 20
June 14
December 13
AGENDA
THURSDAY, APRIL 5, 2007
COUNCIL CHAMBERS - CITY HALL
1.
CALL TO ORDER
2.
ROLL CALL
3.
OPENING PRAYER
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
A. Presentation of Life Saving Awards
At this time there will be a presentation of Life Saving Awards to five of the City of
Muscatine’s police officers.
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6.
MINUTES - APPROVAL
A. Regular City Council Meeting – March 15, 2007
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 – A-E
*
13 – A-D
*
Bills*
* Approval of attached Bills for Approval totaling $1,145,714.13 is subject to the approval of
any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed 2007 Street Improvements Project
Previously City Council took action to establish a public hearing for the proposed 2007
Street Improvements Project. City Council has authorized the implementation of a pavement
management plan that supports the management planning and programming needs of the
city’s transportation infrastructure. Over the next three years it is anticipated that upwards to
$5 million will be spent in accomplishing this goal. Prior to the formal implementation of
this plan for 2007, a public hearing is required.
Now is the time for the public to comment on the proposed 2007 Street Improvements
Project.
B. Proposed 2007 Curb and Gutter and Street Maintenance Program
Previously City Council took action to establish a public hearing for the proposed 2007 Curb
and Gutter and Street Maintenance Program. As a companion piece but separate from the
pavement management program, this program will be utilized in conjunction with the
pavement management program to make improvements to curb and gutters and other street
maintenance activities in the City of Muscatine. There has been $100,000 budgeted for this
activity. Prior to any formal implementation of such a program, a public hearing is required.
Now is the time for the public to comment on the proposed 2007 Curb and Gutter and Street
Maintenance Program.
C. Proposed Imposition of Civil Penalties for Cigarette Permit Holders in Violation of Iowa
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Code Chapter 453A
Previously City Council took action to establish a public hearing concerning complaints
against Cigarette Permit Holders for violation of Iowa Code Chapter 453A and seeking
imposition of civil penalties. The public hearing allows for comments to be made concerning
the noted violations of the state statute. In the event that settlement agreements are reached
prior to the public hearing, it will no longer be necessary.
Now is the time for the public to comment on the notice of complaints and violations of Iowa
Code Chapter 453A and seeking the imposition of civil penalties.
9.
PETITIONS AND COMMUNICATIONS
A. Request on first reading for a new Class C Liquor License and Sunday Sales Permit for
Tailgaters, 214 Iowa Avenue – B.R.C. LLC (pending 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 (pending inspections and
receipt of dram shop insurance)
C. Request for renewal of a Class E Liquor License and Sunday Sales Permit for Hy-Vee Food
Store, 2400 2
nd
Avenue – Hy-Vee Inc.
D. Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Ranch, 106 Ford
Avenue – Psychodog Enterprises Inc. (pending receipt of dram shop insurance)
E. Request for Cigarette Permit for Tailgaters, 214 Iowa Avenue – B.R.C. LLC from April
through June 30, 2007
10.
FROM THE MAYOR
A. Proclamation Declaring April 15-21, 2007 as “National Volunteers Week:
Is there a motion to approve the above proclamation declaring April 15-21, 2007 as
“National Volunteers Week”?
11.
FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat for Phase I of the Sandstone Crossing Subdivision in the
City of Muscatine
Presented for City Council’s consideration is a resolution approving the final plat for Phase I
of the Sandstone Crossing Subdivision in the City of Muscatine. Phase I of this subdivision
will allow for the development of 24 residential homes, construction of a small portion of
Kennedy Drive, and the construction of Sandstone Drive. All lots have access to utilities, and
the subdivision will be served by the installation of public sidewalks on both sides of
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Sandstone Drive. It is also recommended that the requirement for individual culverts to each
building site be waived provided a percolation test is conducted by the engineer that supports
adequate drains throughout the residential portion of the development. The city’s Planning &
Zoning Commission has conducted an onsite review of this development activity and
recommends its approval.
Is there a motion to take action by resolution approving the final plat for Phase I of the
Sandstone Crossing Subdivision in the City of Muscatine?
12.
FROM THE CITY ADMINISTRATOR
A. Resolution Approving the Plans, Specifications, Form of Contract, and Setting a Bid
Opening Date for the 2007 Street Improvements Project
Presented for City Council’s consideration is a resolution approving the plans, specifications,
form of contract, and setting a bid opening date for the 2007 Street Improvements Project.
Previously a public hearing was held to receive public comment on the proposed
improvements. During the City Council budget review sessions held in February 2007, a plan
was laid out for Council’s consideration totaling $5 million. The 2007 Street Improvements
Program consists of profile milling along with hot mix asphalt overlay on specified streets
throughout the city. It will also include the adjustment of existing manholes to fit the newly
overlaid surfaces. The completion date is anticipated for October 31, 2007. Receipt of bids
for the project will take place on April 27, 2007.
Is there a motion to take action by resolution approving the plans, specifications, form of
contract, cost estimate, and setting a bid opening date for the receipt of bids for the 2007
Street Improvements Project for April 27, 2007?
B. Resolution approving the Plans, Specifications, Form of Contract, and Setting a Bid Opening
Date for the 2007 Curb and Gutter and Street Maintenance Program
Presented for City Council’s consideration is a resolution approving the plans, specifications,
form of contract, and setting the bid opening date for the 2007 Curb and Gutter and Street
Maintenance Program. This program consists of constructing PC concrete curb and gutter,
full-depth patching, and driveway, sidewalks, and handicap ramps. This project will be done
in conjunction with the 2007 Street Improvements Project. The anticipated completion date
will be October 31, 2007 with the exception of Leroy Street which must be completed prior
to July 15, 2007.
Is there a motion to take action by resolution approving the plans, specifications, form of
contract, cost estimate, and setting the date for receipt of bids for the 2007 Curb and Gutter
and Street Maintenance Program for April 27, 2007?
C. Resolution Approving the Imposition of Civil Penalties for Cigarette Permit Holders in
Violation of Iowa Code Chapter 453A.2
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Presented for City Council’s consideration is a resolution assessing a civil penalty to the
Nash Finch Company for violation of Iowa Code 453A.2 regarding the sale of cigarettes to
minors. During a recent compliance check, the Nash Finch Company d/b/a Wholesale Food
Outlet was found to be in violation of the state code. A public hearing was previously held to
receive comment on this issue. It is now appropriate for the City Council to take action to
assess a $300 fine for the first violation of the Iowa Code by this distribution outlet.
Is there a motion to take action by resolution approving assessing a civil penalty with regard
to a Cigarette Permit Holder’s violation of Iowa Code Chapter 453A.2?
D. Resolution Approving Orders Accepting Acknowledgement/Settlement Agreements and
Imposing Civil Penalty with Regard to Cigarette Permit Holders Violating Iowa Code
453A.2
Presented for City Council’s consideration is a resolution approving the imposition of civil
penalties for Cigarette Permit Holders in violation of Iowa Code Chapter 453A. During a
recent compliance check with local cigarette vendors, three vendors were sited for selling
cigarettes to individuals under the legal age. This resolution will approve the
acknowledgement/settlement agreements between the city and those vendors under the
provisions as outlined in Iowa Code Chapter 453A. The following settlement agreements
have been reached:
1. Downtown Variety and Hardware, 2
nd
violation, 30 day suspension of permit.
2. General Outdoors Inc. d/b/a Scott’s Outdoors, 1
st
violation, $300 fine.
Is there a motion to take action by resolution approving the orders accepting
acknowledgement/settlement agreements and imposing civil penalties with regard to
Cigarette Permit Holders in violation of Iowa Code Chapter 453A.2?
E. Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by the City
of Muscatine; Establishing Compliance with Reimbursement Bond Regulations Under the
Internal Revenue Code
Presented for City Council’s consideration is a resolution relating to financing of certain
proposed projects to be undertaken by the City of Muscatine; establishing compliance with
reimbursement bond regulations under the Internal Revenue Code. In conjunction with the
city’s next anticipated bond issue for June 2008, the city is required to identify projects that
may be financed in full or in part through the issuance of general obligation bonding before
the project incurs significant expense. This will include projects that are scheduled for
construction in 2007 and 2008. These projects were reviewed and approved with the
amendment to the 2006/2007 city budget and with the adoption of the 2007/2008 city budget.
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Is there a motion to take action by resolution relating to financing of certain proposed
projects to be undertaken by the City of Muscatine; establishing compliance with
reimbursement bond regulations under the Internal Revenue Code?
F. Resolution Approving the Acceptance of Public Street, Sanitary, and Storm Sewer
Installation for Phase II of the Cobblestone Ridge Subdivision
Presented for City Council’s consideration is a resolution approving the acceptance of public
streets, sanitary, and storm sewer installation for Phase II of the Cobblestone Ridge
Subdivision. The public streets, storm sewer, and sanitary sewer within Phase II of this
subdivision have been installed according to the submitted plans and specifications and are
recommended for acceptance by the city’s engineering department.
Is there a motion to take action by resolution accepting public streets, sanitary, and storm
sewer installation for Phase II of the Cobblestone Ridge Subdivision?
G. Resolution Awarding the Bid Under the CDBG Housing Rehabilitation Project for 1820
Schiller Street
Presented for City Council’s consideration is a resolution awarding the bid under the CDBG
Housing Rehabilitation Project for 1820 Schiller Street. Three bids for this project were
opened on Friday, March 30, 2007, with the low bid being that of Schmidt Design & Build of
Muscatine in the amount of $21,285. The Muscatine Rehabilitation Committee met on April
3, 2007 to review the bids and have recommended the approval of the low bid. This property
represents the sixth project under the 2006 CDBG Housing Rehabilitation Program.
Is there a motion to approve the low bid from Schmidt Design & Build in the amount of
$21,285 for improvements to property located at 1820 Schiller Street?
H. Resolution Setting the Time and Place of a Public Hearing Concerning Complaints of
Cigarette Permit Holders in Violation of Iowa Code Chapter 453A and Seeking Imposition of
Civil Penalties
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing concerning complaints of Cigarette Permit Holders in Violation of Iowa Code
Chapter 453A and seeking imposition of civil penalties. Periodically the city conducts
compliance checks of local vendors concerning the sale of cigarette and tobacco products to
minors. When a notice of violation has been issued to vendors, in order for the imposition of
civil penalties to take place, a public hearing must be conducted.
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Is there a motion to take action by resolution setting the time and place of a public hearing
concerning complaints of Cigarette Permit Holders in Violation of Iowa code Chapter 453A
and seeking imposition of civil penalties for Thursday, April, 19, 2007 at 7 p.m.?
I. Resolution of Support for “Time 21”
Presented for City Council’s consideration is a resolution of support for the “Time 21”
program. Driven by the need to identify and prioritize transportation related infrastructure
projects throughout the state, the consortium of a number of public and private organizations
has endorsed the concept of “Time 21”. The program would earmark an additional $200
million to the Road Use Tax Fund that would be committed to roadway infrastructure
projects throughout the state. This concept is being supported by the Iowa Good Roads
Association, the Iowa League of Cities, the Iowa County Engineers Association, the Iowa
County Supervisors Association, and a consortium of additional public and private
individuals and organizations that have promoted this issue?
Is there a motion to take action by resolution to recognize and encourage the legislature to
increase revenues to the Road Use Tax Fund and to support the “Time 21” program?
J. Request Approval to Establish “Spring Cleanup Week” for April 23-27, 2007
Presented for City Council’s consideration is a request to approve the establishment of
“Spring Cleanup Week” for April 23-27, 2007. April is “Keep America Beautiful Month”
and as in the past, the City Council has established its annual spring cleanup to coincide with
this celebration.
Is there a motion to approve the establishment of “Spring Cleanup Week” for April 23-27,
2007?
K. Request Authorization to Approve Agreement for the Landfill Operation
Presented for City Council’s consideration is a request to authorize an agreement for landfill
operations. The city received bids for the landfill operation on Wednesday, March 28, 2007.
Two bids were received with the lowest responsible bid being that of Dick Doyle
Excavating. The low bid of $6.19 a ton would equate to $272,360 a year or $1,361,800 for
five years based on anticipated tonnage.
Is there a motion to take action to award the bid for landfill operations to Dick Doyle
Excavating for the next five-year period?
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L. Request Authorization to Approve Agreement for the Solid Waste Hauling Program
Presented for City Council’s consideration is a request to approve an agreement for the solid
waste hauling program. Bids for the city’s solid waste hauling program were received on
Wednesday, March 28, 2007. Two bids were received with the low apparent bid being that of
Dick Doyle Excavating. Based upon the anticipated volume and a tiered system, the annual
anticipated expenditure for hauling will be $226,807 compared to the $226,865 submitted by
A.J. Transportation LLC.
Is there a motion to approve the agreement with Dick Doyle Excavating for the solid waste
hauling program in the amount of $226,807?
M. Request Approval of Traffic Items
The following traffic items have been submitted for City Council’s consideration and
approval:
1. Request to permit “Do Not Enter” signage in #4 alley between Cedar and Walnut
streets.
2. Request approval to remove two stop signs at Maple Grove Road and the Industrial
Connector.
3. Request approval to add streets to snow emergency routes.
Is there a motion to take to approve the traffic items as submitted?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – March 5, 2007
B. Airport Advisory Commission – November 28, 2006
C. Art Center Board of Trustees – March 15, 2007
D. City of Muscatine Financial Reports – February 2007
14.
APPROVAL OF BILLS
It is recommended bills totaling $1,145,714.13 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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