1
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, JUNE 7, 2007
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. City Council Meeting – May 17, 2007
B. Special Budget Review Session – May 24, 2007
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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 – B-J
*
13 – A-I
*
Bills*
* Approval of attached Bills for Approval totaling $4,158,273.96, as well as April 2007 receipt
summaries, is subject to the approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed State Revolving Loan Fund Application for Planned Improvements at the Water
Pollution Control Plant
Previously City Council took action to establish a public hearing for the proposed state
revolving loan fund application for planned improvements at the Water Pollution Control
Plant. The City Council had previously authorized the submission of an application for a
state revolving loan fund up to $900,000 for planning and design costs related to the planned
improvements at the WPCP. Before entering into a loan agreement, a public hearing is
required.
Now is the time for the public to comment on the proposed state revolving loan fund
application for planned improvements at the Water Pollution Control Plant.
B. Proposed Isett Avenue Force Main Improvement Project – Phase II
Previously City Council took action to establish a public hearing on the proposed Isett
Avenue Force Main Improvement Project – Phase II. As part of the city’s 1% sales tax
program to support improvements to storm and sanitary sewer infrastructure, this project has
been identified and presented for consideration. Phase II will include the lining of the main
from Oak Street to Cedar Street. Plans, specifications, and cost estimates are available at the
city’s Public Works Facility. Prior to any formal authorization to proceed with the project, a
public hearing is required.
Now is the time for the public to comment on the proposed Isett Avenue Force Main
Improvement Project – Phase II.
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C. Proposed Lease Agreement with the Iowa National Guard for Airport Property
Previously City Council took action to establish a public hearing for the proposed lease
agreement with the Iowa National Guard for airport property. The city has been working
with the Iowa National Guard which involves exchanging 19 acres of land owned by the city
at the municipal airport for the current National Guard facility located on Park Avenue. The
Iowa National Guard has offered to lease the 19 acres for a time period of no less than 75
years in exchange for a clear title to the property on Park Avenue. In accordance with State
Code, any time a municipality considers leasing property over a three-year time period, a
public hearing is required.
Now is the time for the public to comment on the proposed lease agreement with the Iowa
National Guard for airport property.
9.
PETITIONS AND COMMUNICATIONS
A. Request for a new five-day Class B Beer Permit for GMCCI for Riverside Park on June 30,
2007 – Young Professionals Network (pending final paperwork and inspections)
The City of Muscatine has received a request for a new five-day Class B Beer Permit for the
GMCCI for Riverside Park on June 30, 2007 as part of the week long 4
th
of July celebration.
Requests for dispensing beer on public property require Council’s approval.
Is there a motion to approve the request for a new five-day Class B Beer Permit for GMCCI
for Riverside Park on June 30, 2007?
B. Request for an Outdoor Service Area for Mike’s Hilltop Tap, 929 Lucas Street – June 23,
2007 (rain date June 30, 2007)
C. Request on first reading for a new Class BW Beer and Wine Permit with Outdoor Service
Area for The Pearl, 101 W. Mississippi Drive – The Pearl LLC (pending inspections)
D. Request on first reading for a new Class BW Beer and Wine and Sunday Sales Permit for
Tantra Thai Bistro, 101 W. Mississippi Drive – Siam American Inc. (pending inspections and
receipt of dram shop insurance)
E. Request on first reading for a new Class C Liquor License and Sunday Sales for Escorpions
Bar, 500 Mulberry Avenue – Martha Murillo (pending inspections and receipt of dram shop
insurance)
F. Request for renewal of a Class B Beer and Sunday Sales Permit for China Buffet, 1903 Park
Avenue #48 – China Buffet of Muscatine Inc. (pending inspections)
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G. Request for renewal of a Class C Beer and Sunday Sales Permit for Fast Avenue One Stop,
2111 Park Avenue – JBC LLC (pending final paperwork)
H. Request for renewal of a Class C Beer and Sunday Sales Permit for Scott’s Outdoor, 1907
Stewart Road – General Outdoors Inc. (pending inspections)
I. Request for renewal of a Class C Liquor License and Sunday Sales Permit for El Allende,
1107 Grandview Avenue – El Allende Inc.
J. Request Approval of Taxicab License for Five Stars Taxi, LLC, 1803 Grantwood, Iowa City
(pending receipt of insurance certificate)
10.
FROM THE MAYOR
A. Proclamation Declaring June 7, 2007 as “Muscatine Toastmasters Day”
Is there a motion to approve the proclamation declaring June 7, 2007 as “Muscatine
Toastmasters Day”?
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. Second Reading of an Ordinance Amending Title 7, Police Regulations, Chapters 21 and 22
Presented for City Council’s consideration is the second reading of an ordinance amending
Title 7, Police Regulations, Chapters 21 and 22. Based on discussions that took place during
the City Council’s budget review sessions in February of this year, there was a consensus to
make changes to the parking regulations as monitored by the Police Department. Those
changes include the increasing of fines for parking violations such as parking in a prohibited
zone, parking over 24 hours, parking on the wrong side of the street, and junk and obsolete
vehicles. It is proposed that the rate for junk or obsolete vehicles be raised from $10 to $20
and that other violations be raised from $5 to $10.
Is there a motion to take action on the second reading of an ordinance amending Title 7,
Police Regulations, Chapters 21 and 22?
B. Resolution Authorizing, Approving and Securing the Payment of $900,000 Interim Loan and
Disbursement Agreement Pursuant to Section 76.13 of the Code of Iowa
Presented for City Council’s consideration is a resolution authorizing, approving and
securing the payment of a $900,000 interim loan and disbursement agreement pursuant to
Section 76.13 of the Code of Iowa. Previously a public hearing was held to receive public
comment on the proposed loan agreement that will assist the city in WPCP renovations. The
State of Iowa has established a revolving loan fund for the purpose of improving or building
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WPCP facilities.
Is there a motion to take action by resolution authorizing, approving and securing the interim
loan and disbursement agreement in the amount of $900,000 pursuant to Section 76.13 of the
Code of Iowa for improvements at the WPCP?
C. Resolution Approving Plans, Specifications, Form of Contract, Cost Estimate and Setting the
Bid Opening Date for the Isett Avenue Force Main Improvement Project – Phase II
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 Isett Avenue Force
Main Improvement Project – Phase II. This project includes the removal of existing ductile
iron pipe and replacing it with high density polyethylene pipe. The work also includes the
removal of approximately 871’ of existing sewer to be replaced with new lines. Surface
restoration of pavement and lawns is also part of the project. The cost estimate for the project
is $705,300.
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 Isett Avenue Force
Main Improvement Project – Phase II?
D. Resolution Accepting the Completed Work and Authorizing Final Payment for the Riverfront
Force Main Improvement Project
Presented for City Council’s consideration is a resolution accepting the completed work and
authorizing final payment for the Riverfront Force Main Improvement Project. The city is
now prepared to accept the completed work for the Riverfront Force Main Project. The
project consisted of removing existing 16 and 24” diameter casts and ductile iron sanitary
force mains and replacing them with new 24” high density polyethylene pipe. The contract
amount was for $788,944.50. There were five change orders and quantity reductions resulted
in a final price of $701,250.52. It is recommended that City Council take action to accept the
work.
Is there a motion to take action by resolution accepting the completed work and authorizing
final payment for the Riverfront Force Main Improvement Project?
E. Resolution Accepting the Completed Work and Authorizing Final Payment for the Cedar
Street Storm Sewer Replacement Project
Presented for City Council’s consideration is a resolution accepting the completed work and
authorizing final payment for the Cedar Street Storm Sewer Replacement Project. The
original contract was for $47,242.24. The actual cost without change orders was $49,928.69
and reflects actual quantities used for the project. Three change orders bring this project’s
cost to $62,260.73. The largest of these change orders is for $11,000 for the relocation of a
water main. A separate contract for the landscaping in the amount of $1,677.44 is still
outstanding as well.
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Is there a motion to take action by resolution accepting the completed work and authorizing
final payment for the Cedar Street Storm Sewer Replacement Project?
F. Resolution Setting a Public Hearing on the City of Muscatine’s 2007-08 Disadvantaged
Business Enterprise (DBE) Goal
Presented for City Council’s consideration is a resolution setting a public hearing on the City
of Muscatine’s 2007-08 Disadvantaged Business Enterprise (DBE) Goal. The city is actively
involved with an airport parallel taxiway improvement project. Federal Aviation
Administration guidelines require federal grant recipients who spend more than $250,000 in
a fiscal year develop and submit to the FAA a DBE Goal for that year. The City of Muscatine
anticipates it will exceed this threshold for the parallel taxiway runway project. The city has
therefore established a proposed DBE Goal of 5% for this project. Procedures used to
establish that goal are included in the goal document. Establishing 5% means that 5% of the
total $1.4 million project cost or $70,000 will be targeted to DBE. In addition, a public
hearing is required for this program.
Is there a motion to take action by resolution setting a public hearing for the City of
Muscatine’s 2007-08 DBE Goal for Thursday, June 14, 2007, at 7:00 p.m.?
G. Resolution Setting Public Hearing for the Police Departments Usage of a Justice Assistance
Grant
Presented for City Council’s consideration is a resolution setting a public hearing for the
Police Departments usage of a Justice Assistance Grant. The city has been the recipient of
this grant program previously which provides funding for technology and equipment
purchases for the Police Department. This year it is anticipated that the city will receive
$15,205.50. Prior to the formal award of the grant, a public hearing is required.
Is there a motion to take action by resolution setting a public hearing for the Police
Department’s use of a JAG grant for Thursday, June 21, 2007, at 7:00 p.m.?
H. Resolution Setting Public Hearing to Assess Status of Housing Rehabilitation Activities
Funded Through the 2006 CDBG Program
Presented for City Council’s consideration is a resolution setting a public hearing to assess
the status of housing rehabilitation activities funded through the 2006 CDBG program. The
city has been in receipt of funds from the CDBG program for housing rehabilitation activities
and is required to hold at least one public hearing to review the status of the funded
activities. It is expected by that the date the city will have participated in the rehabilitation of
7 of the 12 funded projects that have either been started or completed. The deadline for
project completion is March 31, 2008.
Is there a motion to take action by resolution setting a public hearing for the CDBG housing
rehab update for Thursday, June 21, 2007 at 7:00 p.m.?
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I. Resolution Setting Public Hearing on Plans, Specifications, Form of Contract, Cost Estimate,
and Establishing Bid Opening Date for Airport Improvements
Presented for City Council’s consideration is a resolution setting a public hearing on plans,
specifications, form of contract, cost estimate, and establishing a bid opening date for airport
improvements. The city, working in conjunction with the FAA, plans to construct a parallel
taxiway to Runway 12/30 at the municipal airport. Applications have previously been
submitted for federal assistance that will provide for 95% of the costs associated with this
project. The city, working in conjunction with its consultant, has established the
specifications and form of contract, estimated construction costs for the project, which is
now subject to a public hearing. The estimated cost of the project will be $1,400,000.
Is there a motion to take action by resolution setting a public hearing for Thursday, June 21,
2007, at 7 p.m. concerning the plans, specifications, form of contract, cost estimate, and
setting the bid opening date for airport improvements?
J. Resolution Setting Public Hearing on Lease of Two Consolidated Parcels of Real Estate
Acquired Under the 1993 Flood Relief Program
Presented for City Council’s consideration is a resolution setting a public hearing on the
lease of two consolidated parcels of real estate acquired under the 1993 Flood Relief
Program. Following the flood of 1993, the city participated with FEMA to buy out several
flooded and damaged residential structures. As a condition of the buyout, the city was to
prohibit any structural improvements to the property but it does allow for them to be used for
green space, open space, gardens, etc. In 1996 the city entered into two separate lease
agreements for property owners located at 311 Palm Street and 310 Canon Avenue to lease
the properties adjacent to their homes for additional yard space. At that time a 10-year lease
at $10 per year was approved. Those leases have expired and the property owners wish to
extend those leases for an additional 10 years. Prior to any formal action by Council, a public
hearing is required.
Is there a motion to take action by resolution setting a public hearing for the lease of two
consolidated parcels of real estate acquired under the 1993 Flood Relief Program for
Thursday, June 21, 2007, at 7:00 p.m.?
K. Resolution Accepting Completed Work Performed Under the South End Sewer Extension –
Phase I – Contract #3 – Wastewater Treatment Plant Modifications
Presented for City Council’s consideration is a resolution accepting the completed work
performed under the South End Sewer Extension – Phase I – Contract #3 – Wastewater
Treatment Plant Modifications. The city originally entered into a contract with Hy-Brand
Industrial Contractors in the amount of $4,260,000. Change orders have taken that total
contract amount to $4,148,904.71. The project has now been closed out and a final payment
is due to the contractor in the amount of $14,450 including all retainage.
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Is there a motion to take action by resolution accepting the completed work performed under
the South End Sewer Extension – Phase I – Contract #3 – Wastewater Treatment Plan
Modifications and authorizing the payment of the retainage to Hy-Brand Industrial
Contractors?
L. Resolution Accepting Completed Work Performed Under the Roughing Filter Renovation
Project and Authorizing Final Payment
Presented for City Council’s consideration is a resolution accepting completed work
performed under the Roughing Filter Renovation Project and authorizing final payment.
Previously the city entered into a contract with Story Construction in the amount of
$1,034,500 for the renovation of the roughing filter at the WPCP. Two change orders have
been processed for a total contract price of $1,047,204. The work has been completed and
accepted by the city’s engineer for the project and the roughing filter is now in operation. A
total balance of $74,812, including the 5% retainage, remains due and payable.
Is there a motion to take action by resolution accepting the completed work performed under
the Roughing Filter Renovation Project and authorizing final payment?
M. Resolution Setting Public Hearing on Cigarette Permit Holders Violating Iowa Code Chapter
453A and Seeking Imposition of Civil Penalties
Presented for City Council’s consideration is a resolution setting a public hearing on
Cigarette Permit Holders violating Iowa Code Chapter 453A and seeking the imposition of
civil penalties. Periodically the city conducts spot checks for compliance with the State of
Iowa’s requirement that tobacco products not be sold to any individual under the age of 18.
During a recent compliance check, businesses were found to be in violation of the state
statute. As a required by the state statute, a public hearing is necessary concerning the
complaints against Cigarette Permit Holders.
Is there a motion to take action by resolution setting a public hearing concerning complaints
against Cigarette Permit Holders for violating Iowa Code Chapter 453A and seeking the
imposition of civil penalties for Thursday, June 21, 2007, at 7:00 p.m.?
N. Resolution Setting a Public Hearing on Amendment #3 to the 2006/2007 City Budget
Presented for City Council’s consideration is a resolution setting a public hearing on
Amendment #3 for the 2006/2007 city budget. Due to the recent storm damage and cleanup
efforts exercised by the City of Muscatine, the city will be submitting a revision to its current
fiscal year budget to the State of Iowa. Those numbers are currently being put together and
will be presented at the meeting Thursday night.
O. Resolution Setting a Public Hearing on the Vacation of a Utility Easement in the Reuben and
Sarah Baker Addition – Phase IV
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Presented for City Council’s consideration is a resolution setting a public hearing on the
vacation of a utility easement in the Reuben and Sarah Baker Addition – Phase IV. The
Muscatine Welfare Association, owners of Lots 43 and 44 of this subdivision, have requested
that the existing utility easement located between the lots be vacated for development of a
five bedroom group home for the medically fragile. Prior to any formal action for the
vacation of this utility easement, a public hearing is required.
Is there a motion to take action by resolution setting a public hearing for the vacation of a
utility easement in the Reuben and Sarah Baker Addition for Thursday, June 21, 2007, at
7:00 p.m.?
P. Request to Approve Renewal of Contract with the City of Fruitland for Police Services
Presented for City Council’s consideration is a request to approve the renewal of a contract
with the City of Fruitland for police services. For the past several years, the City of
Muscatine has provided police services on a contract basis with the City of Fruitland. The
annual contract, which begins July 1, 2007 and ends June 30, 2008, will be in the amount of
$36,300. Services provided for the contract are highlighted in the document itself.
Is there a motion to approve the renewal of a contract with the City of Fruitland for police
services for July 1, 2007 through June 30, 2008?
Q. Request to Approve Change Order #1 for the 2007 Curb and Gutter and Street Maintenance
Program
Presented for City Council’s consideration is a request to approve Change Order #1 for the
2007 Curb and Gutter and Street Maintenance Program. Previously the City Council
approved a contract for this program in the amount of $278,917. A change order is being
submitted to reduce that amount by $61,740 or a total of $217,177.
Is there a motion to approve Change Order #1 resulting in a reduction of $61,740 for the
2007 Curb and Gutter and Street Maintenance Program?
R. Request Approval to Write Off Parking Tickets for Calendar Year 2005
Presented for City Council’s consideration is a request to write off parking tickets for
calendar year 2005. Periodically city staff brings to Council’s attention parking tickets that
need to be written off due to their inability to be collected. Every effort is expended by the
city to collect outstanding parking violations. In total there was 14,860 tickets issued in 2005.
Of that amount, 12,915 were paid in full, in part, or dismissed. This computes to an 86.9%
overall collection rate. Unpaid tickets for this time period total $1,945 which includes 233
have been forwarded to the court system. Tickets that are deemed to be uncollectible total
$10,211.79. It is now necessary for City Council to authorize the writing off of these tickets.
Is there a motion to take action to write off uncollectible parking tickets for the calendar year
2005?
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S. Request Approval to Purchase Breathing Air Compressor for Fire Department
Presented for City Council’s consideration is a request to purchase a breathing air
compressor for the Fire Department. The city has received a Federal Department of
Homeland Security grant in the amount of $114,200 for the purchase of a new breathing air
compressor and the upgrade of our self-contained breathing apparatus. A portion of the
amount set aside for the breathing air compressor is $35,000. Specifications for the purchase
of the air compressor have been developed and await City Council’s approval. The bid
submission period would be extended until June 28, 2007 with formal Council action
required at the first meeting in July.
Is there a motion to take action to approve the purchase of a breathing air compressor for the
Fire Department?
T. Request Approval of Contract Extension for the Girls State Soccer Tournament
Presented for City Council’s consideration is a request to approve a contract extension
between the City of Muscatine and the Iowa Girls High School Athletic Union for the girls
state soccer tournament. This year represents the final year of a three-year contract for the
IGHSA to conduct their state soccer tournaments in Muscatine. Communication has been
made with this association and a requested five-year extension has been made by city
representatives. This request has been reviewed by the IGHSA and they are agreeable to the
five-year extension.
Is there a motion to approve the five-year extension with the IGHSA for the girls state soccer
tournament?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – May 7 & 14, 2007
B. Art Center Board of Trustees – April 19, 2007
C. HPC – April 18, 2007
D. Senior Resources – April 24, 2007
E. MP&W Board – April 24, 2007
F. City of Muscatine Financial Reports – April 2007
G. MP&W – Electric Utility – April 2007
H. MP&W – Water Utility – April 2007
I. MP&W – Communications Utility – April 2007
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14.
APPROVAL OF BILLS
It is recommended bills totaling $4,158,273.96, as well as April 2007 receipt summaries, 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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