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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
Dyann Roby
5th Ward
2008 MEETING SCHEDULE
Marie Press
2
nd
Ward
Jerry Lange
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 10 & 17
July 3 & 17
January 10
July 10
February 7 & 21
August 7 & 21
February 14
(None in August)
March 6 & 20
September 4 & 18
March 13
September 11
April 3 & 17
October 2 & 16
April 10
October 9
May 1 & 15
November 6 & 20
May 8
November 13
June 5 & 19
December 4 & 18
June 12
December 11
AGENDA
THURSDAY, APRIL 17, 2008
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. OPENING PRAYER
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
A. Swearing In of Police Officers Joe Roseman and Whitni Wethington
At this time Police Officers Joe Roseman and Whitni Wethington will be sworn in.
B. Presentation of Medal of Merit to Detective Mark Lawrence
At this time Detective Mark Lawrence will be presented with a Medal of Merit
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6.
MINUTES - APPROVAL
A. City Council Meeting – April 3, 2008
B. In-Depth Council Meeting – April 10, 2008
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-F
*
13 – A-G
* Bills*
* Approval of attached Bills for Approval totaling $1,237,534.89 is subject to the
approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Loan Agreement Including an Increase in General Obligation Bonds and
the Issuance of Refunding Bonds
Previously City Council took action to establish a public hearing on the proposed
loan agreement including an increase in general obligation bonds and the issuance of
refunding bonds. In anticipation of a May 1, 2008 bond letting, the city has prepared
and Council previously approved the issuance of debt in an amount not to exceed
$6,825,000. This amount includes an additional $255,000 in funding for the 2008
Pavement Management Program and $6,570,000 in refunding bonds. 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 loan agreement including
an increase in general obligation bonds and the issuance of refunding bonds.
B. Proposed Golf Course Maintenance Facility
Previously City Council took action to establish a public hearing on the proposed golf
course maintenance facility. In advance of the approval of the plans, specifications,
and form of contract for any public project, a public hearing is required. At last
week’s in-depth meeting, a presentation was given by city staff concerning the
project, including the dimensions and construction schedule.
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Now is the time for the public to comment on the proposed plans, specifications, form
of contract, and cost estimate on the proposed golf course maintenance facility.
C. Proposed Imposition of Civil Penalty for Cigarette Permit Holder Violating Iowa
Code Chapter 453A
This public hearing will be handled by City Attorney Harvey Allbee Jr.
9.
PETITIONS AND COMMUNICATIONS
A. Second reading for a new Class C Beer/Wine Permit for Green’s Tea & Coffee, 208
W. 2
nd
Street, Suite 8 – Green’s Tea Company LLC (pending final paperwork)
B. Request for renewal of a Class A Liquor License and Sunday Sales Permit for
Muscatine Moose Lodge #388, 207 Lake Park Boulevard
C. Request for renewal of a Class C Liquor License with Sunday Sales and Outdoor
Service for Mike’s Hilltop Tap Inc., 929 Lucas Street (pending receipt of dram shop
insurance)
D. Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Hut of
Muscatine Inc., 2512 Park Avenue
E. Request for renewal of a Class B Beer and Sunday Sales Permit for Pizza Ranch of
Muscatine, 106 Ford Avenue – Psychodog Enterprises Inc.
F. Request for an Outdoor Service Permit for Mami’s Authentic Mexican Food Services
at 201 W. 2
nd
Street for Cinco de Mayo Celebration on May 3, 2008 (pending receipt
of dram shop insurance and inspections)
G. Request for Use of City Property for Cinco de Mayo Celebration
Presented for City Council’s consideration is a request for the use of city property for
the Cinco de Mayo celebration on May 3, 2008. The city has received a request from
Mami’s Authentic Mexican Food Services to conduct a Cinco de Mayo celebration
on 2
nd
Street between Chestnut and Pine streets on Saturday, May 3, 2008, from 4
p.m. to midnight. The organizers of the event plan to provide for music, food, and
beverages at this event.
Is there a motion to take action to authorize the use of city property for Saturday,
May 3, 2008, from 4 p.m. to midnight for a Cinco de Mayo celebration?
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10.
FROM THE MAYOR
A. Proclamation Declaring April 25, 2008 as “Arbor Day”
B. Proclamation Declaring May 2008 as “National Military Appreciation Month”
C. Proclamation Declaring April 27, 2008 through May 3, 2008 as “National Volunteer
Week”
D. Proclamation Declaring May 9, 2008 as “National Provider Appreciation Day”
Is there a motion to approve the proclamations as submitted?
Is there a motion to take action to approve the proclamations as submitted?
11.
FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat for the Wolfe Subdivision
Presented for City Council’s consideration is a resolution approving the final plat for
the Wolfe Subdivision. This subdivision is a three-lot subdivision located in the 2200
block of Grandview Avenue. The owner is currently constructing a building on Lot 1
of this property for his contracting business. The remaining two lots will be served by
a shared access from Grandview Avenue that will be located between the new
building and the Elms Restaurant. The city’s Planning and Zoning Commission has
reviewed and approved this plat.
Is there a motion to adopt the resolution approving the final plat for the Wolf
Subdivision in the City of Muscatine?
12.
FROM THE CITY ADMINISTRATOR
A. Resolution Fixing Date for Sale of General Obligation Corporate Purpose Bonds and
General Obligation Refunding Bonds and to Approve Official Statement for the
Bonds
Presented for City Council’s consideration is a resolution fixing the date for sale of
general obligation corporate purpose bonds and general obligation refunding bonds
and to approve the official statement for the bonds. Previously the City Council
conducted a public hearing to receive public comment on the proposed sale of general
obligation bonds for the City of Muscatine. In advance of that public hearing, Council
had taken a number of other actions to position the city for the sale of general
obligation debt effective May 1, 2008. The total general obligation debt issue
anticipated will be $5,120,000. In addition, there will be a potential of another
$6,570,000 in refunding bonds that will be offered. Following all the actions to date,
including this evening’s public hearing, the final action for City Council to take is to
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establish the official date of sale for the general obligation bonds for May 1, 2008 at 2
p.m.
Is there a motion to adopt the resolution fixing the date for sale of general obligation
corporate purpose bonds and general obligation refunding bonds and to approve the
official statement for the bonds?
B. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate, and
Setting the Bid Opening Date for the Golf Course Maintenance Facility
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 golf course maintenance facility. Previously a public hearing was held to receive
public comment on the proposed construction of a new maintenance facility at the
golf course. This matter had also been subject to a previous review by City Council at
an in-depth meeting. The estimated cost for the project will be $200,000 with the
completion date estimated for October 2008.
Is there a motion to adopt the resolution approving the plans, specifications, form of
contract, cost estimate, and setting the bid opening date for the golf course
maintenance facility for Friday, May 23, 2008, at 2:05 p.m.?
C. Resolution Approving the Order Assessing a Civil Penalty with Regard to a Cigarette
Permit Holder Violating Iowa Code 453A.2
Presented for City Council’s consideration is a resolution approving the order
assessing a civil penalty with regard to a cigarette permit holder violating Iowa Code
453A.2. Previously a public hearing was held to receive public comment on this
matter. If in advance of this action considered by City Council the permit holder in
violation has not yet agreed to an acknowledgement/settlement agreement, then this
action will allow the city to assess a civil penalty against said cigarette permit holder.
Is there a motion to adopt the resolution approving the order assessing a civil penalty
with regard to a cigarette permit holder violating Iowa Code 453A.2?
D. Resolution Setting Public Hearing to Consider a Utility Easement Crossing City
Property
Presented for City Council’s consideration is a resolution setting a public hearing to
consider a utility easement crossing city property. The city has received a request
from Muscatine Power & Water to consider the granting of an easement for the
construction and maintenance of a water main crossing the corner of the property
behind Fire Station #2 on Oregon Street. Prior to any such action, a public hearing is
required.
Is there a motion to adopt the resolution setting a public hearing on the proposed
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utility easement for Thursday, May 1, 2008, at 7 p.m.?
E. Resolution Endorsing Municipal Airport Projects for Fiscal Years 2009 and 2010 and
Certifying the Availability of Matching Funds
Presented for City Council’s consideration is a resolution endorsing the Municipal
Airport Projects for fiscal years 2009 and 2010 and certifying the availability of
matching funds. This new FAA requirement essentially states that the city endorses
the project and has local matching funds available to meet the 5% local share. It does
not commit the city financially to move forward at this time. The projects identified
in the five-year CIP plan for the airport call for improvements and replacement of a
municipal storage hangar and replacement of t-hangars and apron way as well.
Is there a motion to adopt the resolution endorsing Municipal Airport Projects for
fiscal years 2009 and 2010 and certifying the availability of matching funds?
F. Resolution Accepting Low Bid for Snow Removal Equipment for the Municipal
Airport
Presented for City Council’s consideration is a resolution accepting the low bid for
the purchase of snow removal equipment for the Municipal Airport. The city had
previously received authorization from the FAA to proceed with the solicitation of
bids for snow removal equipment at the airport. Two bids were submitted for
consideration with the lowest responsible bid being that of Truck Country of
Davenport, Iowa, in the amount of $117,342. This price includes an 11’ power
reversible plow for the existing truck at this facility. Following a review of the
material by FAA, the city can anticipate a formal agreement for your consideration at
the May 1, 2008 meeting. Funding for this piece of equipment will be at the 95%
federal level and 5% local level.
Is there a motion to adopt the resolution accepting the low bid for the purchase of
snow removal equipment at the Municipal Airport?
G. Resolution Approving Contract and Bond for the 2008 Maiden Lane Sanitary Sewer
Project
Presented for City Council’s consideration is a resolution approving the contract and
bond for the 2008 Maiden Lane Sanitary Sewer Project. Previously Council took
action to award the bid to Hagerty Earthworks LLC in the amount of $99,491.81 for
this project. City staff has reviewed and approved the documentation submitted at this
time.
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Is there a motion to adopt the resolution approving the contract and bond for the 2008
Maiden Lane Sanitary Sewer Project from Hagerty Earthworks LLC in the amount of
$99,491.81?
H. Resolution Approving the Contract and Bond for the 2008 Street Improvement
Project
Presented for city Council’s consideration is a resolution approving the contract and
bond for the 2008 Street Improvement Project. Previously the City Council took
action to accept the bid from Illowa Investment Inc. in the amount of $2,252,884.40
for this project. City staff has reviewed and approved the documentation submitted at
this time.
Is there a motion to adopt the resolution approving the contract and bond for the 2008
Street Improvement Project from Illowa Investment Inc. in the amount of
$2,252,884.40?
I. Request Approval to Purchase Four Security Camera Systems for the Transit Buses
Presented for City Council’s consideration is a request to approve the purchase of
four security camera systems for the transit buses. Included in this year’s budget are
monies from various sources that will allow the city to purchase safety camera
equipment for the city’s MuscaBus system. Three proposals were solicited, and after
a thorough evaluation of the proposals, the system provided by Verint Video in the
amount of $3,564.44 per vehicle is being recommended for approval. The total cost
for the project will be $18,415.54 with 80% of the total cost coming from federal
funds and the remaining 20% coming from local funds.
Is there a motion to authorize the purchase of security cameras for the MuscaBus
transit system from Verint Video in the amount of $18,415.54?
J. Request Approval to Submit Grant for the Purchase of Bulletproof Vests for the
Police Department
Presented for City Council’s consideration is a request to submit a grant application
for the purchase of bulletproof vests for the Police Department. The federal
government has re-established a program for the purchase of bulletproof vests for
2008. This program provides up to 50% of the costs of vests for police officers. The
required 50% local match is made up by the officer, and the city provides payment
for that share through the city’s buy-back program. An estimated price per vest is
$540. At this time seven vests would be purchased in the amount of $3,532.
Is there a motion to authorize the submittal of a grant for the purchase of bulletproof
vests for the Police Department?
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K. Request to Authorize Electronic Bidding Procedures Using the PARITY System for
Bond Issue Bids and to Authorize Piper Jaffray to Participate in the Competitive Bid
Procedure
Presented for City Council’s consideration is a request to authorize electronic bidding
procedures using the PARITY system for bond issues and to authorize Piper Jaffray
to participate in the competitive bid procedure. This joint action requested by staff
will authorize the use of an electronic system known as PARITY that will be utilized
by potential bidders for the upcoming bid for municipal corporate purpose bonds. The
PARITY system will allow for an electronic bid to be submitted in advance of the
deadline established by City Council. In addition, this action will also authorize Piper
Jaffray to participate in the competitive bidding process for these bonds.
Is there a motion to approve the recommendation of the city’s financial consultant to
use the PARITY electronic bid system for the receipt of bids and to allow Piper
Jaffray to participate in the competitive bid process?
L. Request to Approve a Fueling Agreement Between the City of Muscatine and River
Bend Transit
Presented for City Council’s consideration is a request to approve a fueling
agreement between the City of Muscatine and River Bend Transit. The city’s Public
Works Department was approached by the operators of the River Bend Transit
Operation to purchase fuel from the city’s facility. River Bend Transit is a not-for-
profit organization that qualifies for the same consideration for exemption from the
Iowa fuel tax that the city and other public agencies do. Because of the frequent
number of trips that this organization makes into the City of Muscatine, they are
asking as a matter of convenience to purchase fuel from the city. This organization
currently has a similar arrangement with the City of Davenport. Staff is
recommending that the agreement be entered into to clarify the responsibilities, roles,
and authorization for such a transaction to take place.
Is there a motion to approve an agreement between the City of Muscatine and River
Bend Transit to purchase fuel from the City of Muscatine?
M. Request to Approve Agreement between the City of Muscatine and Heinz USA for
Wastewater Services
Presented for City Council’s consideration is a request to approve a one-year
extension of a wastewater agreement between the City of Muscatine and Heinz USA.
The current three-year contract expires at the end of April 2008. City staff as well as
representatives from the local Heinz USA plant have agreed it would be appropriate
for a one-year extension to be entered into. There would be no cost increases
associated with this extension and the existing fees would remain in place. At the end
of the one-year extension, the city will have a complete handle on its upcoming
expenditures for plant improvements that will affect rates for not only this contract
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but the general users in the city’s system. At this time city staff thought it would be
premature to enter into a longer term agreement with such unknown costs yet to be
determined.
Is there a motion to authorize the one-year extension of the contract between the City
of Muscatine and Heinz USA for Wastewater Services?
N. Request Authorization to Establish Local Option Sales Tax Renewal Date
Presented for City Council’s consideration is a request for authorization to establish a
local option sales tax renewal date. In previous discussions, the Council had
tentatively authorized the date of August 12, 2008 as the date for voters to consider
the renewal of the current 1% local option sales tax. This tax has been in place since
July 1, 1994 and has been used for improvements, repair and extensions of storm and
sanitary sewers within the City of Muscatine along with supporting the Pearl of the
Mississippi Project. A formal letter of request establishing this date to the County
Auditor is required as the first step in establishing the renewal date.
Is there a motion to request the establishment of a local option sales tax renewal date
for Tuesday, August 12, 2008?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – March 24 & 31, 2008
B. Board of Water, Electric, and Communications Trustees – February 26, 2008
C. MP&W Communication Utility – February 2008
D. MP&W Electric Utility – February 2008
E. MP&W Water Utility – February 2008
F. City of Muscatine Financial Reports – February 2008
G. Art Center Board of Trustees – February 21, 2008
14.
APPROVAL OF BILLS
It is recommended bills totaling $1,237,534.89 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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