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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
2009 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 8 & 15
July 2 & 16
January 8
July 9
February 5 & 19
August 6 & 20
February 12
(None in August)
March 5 & 19
September 3 & 17
March 12
September 10
April 2 & 16
October 1 & 15
April 9
October 8
May 7 & 21
November 5 & 19
May 14
November 12
June 4 & 18
December 3 & 17
June 11
December 10
AGENDA
THURSDAY, MARCH 5, 2009
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 – February 19, 2009
B. Budget Meetings – February 11, 12 & 18, 2009
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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 – A-E
*
13 – A-J
* Bills*
* Approval of attached Bills for Approval totaling $1,127,029.68, as well as journal
entries for October, November, and December 2008, is subject to the approval of any
related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Construction of Water Pollution Control Plant Storage Building
Previously City Council took action to establish a public hearing on the proposed
construction of a Water Pollution Control Plant Storage Building. This storage
building is to be considered a separate activity from the ongoing renovation. It is
being proposed to construct a 105’ x 60’ x 16’ sidewall pre-engineered post frame
building. The facility will be used to store equipment utilized by the WPCP operation
for field applications for its biosolids program. Prior to any formal action on this
request, a public hearing is required.
Now is the time for the public to comment on the proposed construction of a WPCP
Storage Building.
B. Proposed 2009 Street Improvements Project
Previously City Council took action to establish a public hearing for the proposed
2009 Street Improvements Project. This will represent the third year of a three-year
program for significant overlay projects within the community. The 2009 project
involves nearly seven miles of city streets. In addition, the city will be including two
parking lots, Central Business District alleys, and the cemetery road in the plans and
specifications. The original cost estimate for the 2009 overlay program was $2
million. With the additional work being incorporated into this program, the cost
estimate is now $2,850,000. Funding for the additional improvements will be
independent from the original cost estimate. Prior to any formal action on this
request, a public hearing is required.
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Now is the time for the public to comment on the proposed 2009 Street Improvements
Project.
C. Proposed Amendment #1 to the 2008/2009 City Budget
Previously City Council took action to establish a public hearing for the proposed
Amendment #1 to the 2008/2009 city budget. The first amendment to the current
fiscal year budget takes into consideration revisions to revenues, expenditures, capital
outlay, and other extenuating circumstances that occurred during this fiscal year. This
includes amendments for additional expenditures due to the 2008 flood and
windstorm and related FEMA reimbursement. Prior to any formal action on this
request, a public hearing is required.
Now is the time for the public to comment on the proposed Amendment #1 to the
2008/2009 city budget.
D. Proposed Adoption of Budget and Certification of Taxes for Fiscal Year 2009/2010
Previously City Council took action to establish a public hearing on the proposed
adoption of the budget and certification of taxes for fiscal year 2009/2010. Recently
the city concluded its budget review process for the fiscal year beginning July 1, 2009
through June 30, 2010. Following the City Council’s review and adjustments, the
2009/2010 city budget represents a 3.7% reduction in the city’s overall tax rate which
equates to a reduction of .5974 per $1,000 of assessed evaluation for Muscatine
property owners. Prior to any formal action on this request, a public hearing is
required.
Now is the time for the public to comment on the proposed adoption of the budget
and certification of taxes for fiscal year 2009/2010.
9.
PETITIONS AND COMMUNICATIONS
A. Request on second reading for a new six month Class C Liquor License for One More
Round, 211 E. 2
nd
Street – Ruth A. Wilson (pending inspections)
B. Request for renewal of a Class C Liquor License and Sunday Sales Permit for
Diamond Dave’s Taco Co., 2608 2
nd
Avenue – South of the Border Inc.
C. Request for renewal of a Class C Liquor License with Outdoor Service and Sunday
Sales Permit for Rumors, 1415 Grandview Avenue – Fluff LLC
D. 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.
E. Request for renewal of a Class C Beer and Sunday Sales Permit for Steamboat
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Landing, 3509 Steamboat Way – Steamboat Landing LLC
10.
FROM THE MAYOR
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. First Reading of an Ordinance Amending Title 1, Administrative, Chapter 6, Mayor
and City Council, Section 2, Salary of Mayor
Presented for City Council’s consideration is the first reading of an ordinance
amending Title 1, Administrative, Chapter 6, Mayor and City Council, Section 2,
Salary of Mayor. Included in the proposed fiscal year budget for 2009/2010 are funds
to accommodate a proposed increase in the base salary of the position of Mayor for
the City of Muscatine. Currently the position is compensated at $5,500 per year. In
accordance with state statutes, any alteration to the compensation for the positions of
Mayor or City Council members needs to take place in advance of the next scheduled
election. Therefore, if approved, this change in salary will not go into effect until
January 1, 2010 which follows the November 2009 general city election.
Is there a motion to adopt on first reading an ordinance amending Title 1,
Administrative, Chapter 6, Mayor and City Council, Section 2, Salary of Mayor?
B. Resolution Approving the Plans, Specifications, Form of Contract, and Establishing
Bid Opening Date for the Water Pollution Control Plant Storage Building
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract, and establishing a bid opening date for the Water
Pollution Control Plant Storage Building. The facility will measure 105’ x 60’ x 16’
and will cost approximately $115,000. In accordance with state regulations, the
building has been engineered and is now ready for the bid letting phase. If approved
by Council, the bid opening date will be Tuesday, March 17, 2009, at 2:05 p.m.
Is there a motion to adopt the resolution approving the plans, specifications, form of
contract and establishing a bid opening date for the WPCP Storage Building?
C. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate, and
Establishing Bid Opening Date for the 2009 Street Improvements Project
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 2009 Street Improvements Project. Previously a public hearing was held to
receive comment on this proposed project. The 2009 Street Improvements Project is
the third and final year of an aggressive overlay campaign by the City of Muscatine.
Included in this year’s approximate seven miles of overlay project, are improvements
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to various alleys within the Central Business District, parking lots within the
downtown, and approximately three miles of roadway surfaces within Greenwood
Cemetery. The estimated cost for the project will be $2,850,000.
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 2009 Street
Improvements Project for March 20, 2009 at 10 a.m.?
D. Resolution Approving Amendment #1 to the 2008/2009 City Budget
Presented for City Council’s consideration is a resolution approving Amendment #1
to the 2008/2009 city budget. Previously a public hearing was held to receive public
comment on the proposed Amendment #1 to this document. The first amendment to
the current fiscal year budget incorporates changes in revenues, expenditures, capital
projects, and additional expenditures due to the 2008 flood, windstorm and other
FEMA-related reimbursement projects.
Is there a motion to adopt the resolution approving Amendment #1 to the 2008/2009
city budget?
E. Resolution Adopting the Annual Budget for the Fiscal Year 2009/2010
Presented for City Council’s consideration is a resolution adopting the budget and
certification of taxes for fiscal year 2009/2010. Previously City Council conducted a
public hearing to receive public comment on this proposed action. The recently
completed budget review sessions held by City Council resulted in the reduction of
the city’s tax rate by 3.7% or an equivalent of .5974 per $1,000 of assessed valuation
for properties. If approved, the new fiscal year budget will go into effect July 1, 2009.
Is there a motion to adopt the budget and certification of taxes for fiscal year
2009/2010?
F. Resolution Approving Contract and Bond for the Hershey Avenue Area Sanitary and
Storm Sewer Separation – Contract 1
Presented for City Council’s consideration is a resolution approving the contract and
bond for the Hershey Avenue Area Sanitary and Storm Sewer Separation – Contract
1. Previously City Council took action to approve the contract for this project. That
contract amount was $2,005,151.27. Following that action by City Council, the city’s
consulting engineer for the project has identified two numerical change orders that
will follow once the work is underway. Those change orders include a $2,500.07
arithmetical error (deduct) and a $25,000 cost for mobilization that was inadvertently
omitted from Sulzberger’s bid (addition). These changes will be addressed later on in
the process. Therefore the approval of the contract and bond is being submitted with
the anticipation of change orders in the very near future to cover these errors.
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Is there a motion to adopt the resolution approving the contract and bond from
Sulzberger Excavating in the amount of $2,005,151.27 for the Hershey Avenue Area
Sanitary and Storm Sewer Separation – Contract 1?
G. Resolution Approving Orders Accepting Acknowledgement/Settlement Agreements
and Imposing Civil Penalties Regarding Liquor Control License Violations
Presented for City Council’s consideration is a resolution approving orders accepting
acknowledgements/settlement agreements and imposing civil penalties regarding
liquor control license violations. In December 2008 and again in January 2009, the
Muscatine Police Department conducted compliance checks at businesses holding
liquor control licenses with regard to the sale of alcoholic beverages to patrons under
age 21. As a result, citations were issued to employees of various establishments for
violation of state code. In lieu of a public hearing, those establishments and
individuals cited have agreed to pay a civil penalty to the City of Muscatine in the
amount of $500. Prior to this action becoming finalized, it is necessary for Council to
adopt a resolution imposing the civil penalty in the amount of $500 against the liquor
control licensees.
Is there a motion to adopt the resolution approving orders accepting
acknowledgement/settlement agreements and imposing civil penalties regarding
liquor control license violations of Iowa Code 123.49?
H. Resolution Setting Public Hearing on Loan Agreement for Downtown Urban
Renewal Area Projects
Presented for City Council’s consideration is a resolution setting a public hearing on
a loan agreement for Downtown Urban Renewal Area Projects. During the recently
completed budget review sessions, City Council discussed a number of public
improvement projects in the Downtown Urban Renewal Area proposed to be funded
from tax increment bond proceeds. These projects include improvements to parking
lots, handicap access ramps, alley improvements, and the resurfacing of Cedar Street
between Mississippi Drive and 6
th
Street. The amount discussed during budget review
sessions totaled $1.3 million. The city has an established Tax Increment Finance
District which encompasses properties within the downtown area. It is this program
that the city will be able to utilize to help fund these projects. In addition to these
projects, additional funding will be required to cover costs associated with flood-
damaged municipal properties that were not reimbursable by FEMA. The city has
also received notification from the State of Iowa that they are eligible to receive
$82,796.19 to assist in these project costs as well. There are a number of projects for
which no cost estimate has been established yet; therefore, the amount of the loan
agreement for Downtown Urban Renewal Area Projects is estimated at a total of
$1,750,000. Prior to any formal action by Council to utilize this funding source, a
public hearing is required.
Is there a motion to adopt the resolution setting a public hearing on a loan agreement
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for Downtown Urban Renewal Area Projects for Thursday, March 19, 2009, at 7
p.m.?
I. Resolution Authorizing Administrative Policy Changes to the Section 8 Tenant Based
Housing Choice Voucher Program
Presented for City Council’s consideration is a resolution authorizing Administrative
Policy changes to the Section 8 Tenant Based Housing Choice Voucher Program.
Periodically the city receives updates from the Department of Housing and Urban
Development concerning required policies for the Section 8 Tenant Based Housing
Choice Voucher Program. Those changes necessitate a change in the city’s
Administrative Plan as well. The proposed changes are related to an individual’s
eligibility to continue to participate in the Section 8 Housing Choice Voucher
Program.
Is there a motion to adopt the resolution authorizing Administrative Policy changes to
the Section 8 Tenant Based Housing Choice Voucher Program?
J. Request to Approve Change Order #5 for the Mad Creek Sanitary and Storm Sewer
Separation Project
Presented for City Council’s consideration is a request to approve Change Order #5
for the Mad Creek Sanitary and Storm Sewer Separation Project. This change order
covers the additional storm sewer work on Orange Street from Mississippi Drive to E.
2
nd
Street. The total cost of the project is $77,001.75. This work is necessary to
complete the total separation of the Mad Creek area. In order to complete the project,
it is necessary to bore underneath the railroad tracks in order to get the storm water
from the inlets to the collection structure. The city is currently under an EPA Consent
Order which directs for the separation of the storm and sanitary lines. Once this work
is completed, this project eliminates one of the four combined sewer overflows within
the city.
Is there a motion to approve Change Order # for the Mad Creek Sanitary and Storm
Sewer Separation Project?
K. Request to Approve Traffic Item
Presented for City Council’s consideration is a request to approve a traffic item.
Various city departments have received numerous complaints concerning parking
along Day Street between Grandview Avenue and the railroad crossing. These issues
are exasperated by an auto sales and repair shop at this location. After reviewing the
circumstances surrounding the parking issues, it is the recommendation from the
Traffic Committee that both sides of Day Street between Grandview Avenue and the
railroad crossing be posted “no parking”.
Is there a motion to approve the request to post “no parking” on both sides of Day
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Street from the intersection of Grandview Avenue to the intersection of the railroad
crossing?
L. Request Approval to Extend Police Services Agreement Between the City of
Fruitland and the City of Muscatine
Presented for City Council’s consideration is a request to approve an extension of the
Police Services Agreement between the City of Muscatine and the City of Fruitland.
The City of Fruitland is requesting a multi-year contract agreement be put in place for
the annual police contract. It is suggested that a three-year contract be entered into
incorporating a 3 ½% increase for the first year and the remaining two years be based
upon wage increases through the union negotiations with a maximum amount of a 4%
adjustment each year. City staff has been involved in these negotiations and supports
this recommendation.
Is there a motion to approve an extension of the Police Services Agreement between
the City of Muscatine and the City of Fruitland?
M. Request to Approve Professional Services Agreement for Riverfront Flood Damage
Repairs
Presented for City Council’s consideration is a request to approve a professional
services agreement for riverfront flood damage repairs. As a result of the flood of
2008, there are still significant engineering based activities yet to be completed in
order to finalize repairs and replacement activities. The city’s facility known as the
Pearl City Station and the surrounding plaza area as well as the bulkhead and seawall
sustained significant damages. Repairs will involve application for permits, grant
applications, remediation concepts, and identification of appropriate design
parameters. It is suggested that a professional services agreement for these activities
be entered into with Red Barn Design and Engineering. The project will consist of
five separate tasks, and the professional fees associated with this will be $105,670
plus reimbursable expenses not to exceed $4,500. Funding for these services will be
partially through FEMA with the balance to be funded through the Pearl City Station
Area Structural Improvement Fund which is part of the downtown TIF.
Is there a motion to approve the professional services agreement with Red Barn
Design and Engineering for riverfront flood damage repairs?
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13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – February 2, 9 & 16, 2009
B. Art Center Board of Trustees – January 14, 2009
C. Library Board of Trustees – January 21, 2009
D. Airport Advisory Commission – September 22, 2008
E. Historic Preservation Commission – January 21, 2009
F. Board of Water, Electric, and Communications Trustees – January 27, 2009
G. MP&W Communications Utility – January 2009
H. MP&W Electric Utility – January 2009
I. MP&W Water Utility – January 2009
J. City of Muscatine Financial Reports – January 2009
14.
APPROVAL OF BILLS
It is recommended bills totaling $1,127,029.68, as well as journal entries for October,
November, and December 2008, 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
A. Request approval to go into Closed Session to review pending/impending litigation.
17. ADJOURNMENT
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