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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, MAY 7, 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 – April 16, 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-D
*
13 – A-H
* Bills*
* Approval of attached Bills for Approval totaling $1,649,978.60 is subject to the
approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed 2009/2010 Public Housing Administrative Plan
Previously City Council took action to establish a public hearing to receive public
comment on the proposed 2009/2010 Public Housing Administrative Plan. In
accordance with HUD regulations, the Public Housing Authority (City Council) is
required to hold a public hearing when proposed changes are made to the Housing
Administrative Plan. Those changes are being submitted for consideration at this
time.
Now is the time for the public to comment on the proposed 2009/2010 Public
Housing Administrative Plan.
9.
PETITIONS AND COMMUNICATIONS
A. Request on first reading for a new Class C Liquor License with Sunday Sales Permit
for La Guadalajara Restaurant LLC, 203 2
nd
Street (pending inspections)
B. Request for extended Outdoor Service Permit for Missipi Brewing Co., 107 Iowa
Avenue for May 16-17, 2009 for street dance on May 16, 2009 (pending inspections)
C. Request for renewal of Class E Liquor License and Sunday Sales Permit for Wal-
Mart Supercenter #559, 3003 Highway 61 North – Wal-Mart Stores Inc. (pending
inspections)
D. Request for renewal of a Class C Beer and Sunday Sales Permit for Fast Avenue One
Stop, 2111 Park Avenue – JBC LLC (pending inspections)
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E. Request for Use of City Property for Fireworks on the Riverfront for Independence
Day and Independence Day Parade
Presented for City Council’s consideration is a request for use of city property from
the Greater Muscatine Chamber of Commerce and Industry for the annual 4
th
of July
fireworks and parade. The fireworks celebration will be on Saturday, July 4, 2009,
with a rain date of July 5, 2009. The event will begin at approximately 9:15 p.m. and
last until 9:30 p.m. The parade will take place on July 4, 2009 with no rain date
submitted. Staging will begin at 3 p.m. with a 5 p.m. start time. It is estimated the
parade will last approximately 3 ½ hours. The GMCCI has chosen Parade Route #1.
Is there a motion to approve the request from the GMCCI for the use of city property
for the 4
th
of July activities?
10.
FROM THE MAYOR
A. Proclamation Declaring May 10-16, 2009 as “Iowa School Board Recognition Week”
B. Proclamation Declaring May 2009 as “Tennis Month”
C. Proclamation Declaring May 10-16, 2009 as “National Police Week” and May 15,
2009 as “Peace Officers’ Memorial Day”
D. Proclamation Declaring May 10-16, 2009 as “National Nursing Home Week”
Is there a motion to approve the proclamations as submitted?
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. Final Reading of an Ordinance Vacating City Real Estate – Unimproved McClellan
Street Right-of-Way
Presented for City Council’s consideration is the final reading of an ordinance
vacating city real estate for the unimproved McClellan Street right-of-way. The city
has been petitioned by the Muscatine School District and an adjacent neighbor to
vacate portions of this right-of-way. If approved, the school district would purchase
7,290 square feet of the right-of-way and the adjacent property owner the remaining
2,439 square feet. The set price for the cost of the property will be $1.05 per square
foot.
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Is there a motion to adopt on final reading an ordinance vacating city real estate for
the unimproved McClellan Street right-of-way and to direct for its publication?
B. Resolution Authorizing the Sale of a Portion of the Unimproved McClellan Street
Right-of-Way
Presented for City Council’s consideration is a resolution authorizing the sale of a
portion of the unimproved McClellan Street right-of-way. Previously City Council
took action to finalize the vacation of a portion of the unimproved McClellan Street
right-of-way. In conjunction with that action, the city’s Planning and Zoning
Commission has reviewed and approved the request originally submitted by the
Muscatine School District to vacate and transfer a portion of this unimproved right-
of-way. With the final action on the vacating of the right-of-way, it would now be
appropriate to take individual action on authorize the sale of the property. The school
district would receive 7,290 square feet at $1.05 per square foot for a total land price
of $7,654.50.
Is there a motion to adopt the resolution authorizing the sale and transfer of city
property to the Muscatine School District?
C. Resolution Approving an Executed Deed
Presented for City Council’s consideration is a resolution approving an executed
deed. Previously City Council took action to approve the sale of city property to the
Muscatine School District. In order to finalize this process, it is necessary to approve
an executed deed.
Is there a motion to adopt the resolution approving an executed deed between the City
of Muscatine and the Muscatine School District?
D. Resolution Authorizing the Sale of a Portion of the Unimproved McClellan Street
Right-of-Way
Presented for City Council’s consideration is a resolution authorizing the sale of city
property to Gary and Linda Newcomb. Previously City Council took action to vacate
a portion of the unimproved McClellan Street right-of-way. The city’s Planning and
Zoning Commission reviewed and approved the recommendation for a portion of this
right-of-way to be transferred to Linda and Gary Newcomb of 408 McArthur Street.
The petitioners have agreed to purchase 2,439 square feet of the unimproved right-of-
way at $1.05 per square foot equaling $2,560.95.
Is there a motion to adopt the resolution authorizing the sale of city property to Gary
and Linda Newcomb?
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E. Resolution Approving an Executed Deed
Presented for City Council’s consideration is a resolution approving an executed
deed. Previously City Council took action to authorize the sale of a portion of the
unimproved McClellan Street right-of-way to Gary and Linda Newcomb. At this time
it would be appropriate to approve the executed deed to finalize the transaction.
Is there a motion to adopt the resolution approving an executed deed between the City
of Muscatine and Gary and Linda Newcomb?
F. Resolution Authorizing the 2009/2010 Public Housing Agency Plan and Attachments
as Modified
Presented for City Council’s consideration is a resolution authorizing the updated
2009/2010 Public Housing Annual Agency Plan. Previously City Council conducted
a public hearing to receive public comment on the proposed 2009/2010 Public
Housing Annual Agency Plan. All modifications or revisions to the plan were
reviewed with the Resident Advisory Board with all members expressing support of
all aspects of the plan.
Is there a motion to adopt the resolution authorizing the 2009/2010 Public Housing
Annual Agency Plan and Attachments as Modified?
G. Resolution Setting Public Hearing on the 2009/2010 DBE Goals
Presented for City Council’s consideration is a resolution setting a public hearing for
the City of Muscatine’s 2009/2010 Disadvantaged Business Enterprise Goals. The
Federal Aviation Administration, the Federal Highway Administration and other
federal guidelines require federal grant recipients who expend more than $250,000 in
a fiscal year to develop and submit DBE goals for the year. Since the city anticipates
exceeding this threshold, it will be revising previous DBE goals submitted for this
purpose for fiscal year 2009/2010. In order to revise the established goals, it is
necessary for the city to follow a two-part process to make appropriate notification
and solicitation of qualified firms and individuals who may have interest in the
establishment of such goals. One component of that process will be the establishment
of a public hearing to receive public comment.
Is there a motion to adopt the resolution setting a public hearing for the City of
Muscatine’s 2009/2010 DBE Goals for Thursday, May 21, 2009, at 7 p.m.?
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H. Resolution Setting Public Hearing on Amendment #2 for the 2008/2009 City Budget
Presented for City Council’s consideration is a resolution setting a public hearing on
Amendment #2 for the 2008/2009 city budget. Each year the city takes two separate
actions to amend the current fiscal year budget. The first action was taken at the time
of the adoption of the 2009/2010 budget in March 2009. The second opportunity
comes in May and/or June prior to the end of the fiscal year. Information has been
solicited from the various departments that propose to make adjustments in either
expenditures or revenues within their departments. Prior to any formal action by City
Council, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing concerning
Amendment #2 for the 2008/2009 city budget for Thursday, May 21, 2009, at 7 p.m.?
I. Resolution Setting Public Hearing for the Tennis Court Project
Presented for City Council’s consideration is a resolution setting a public hearing for
the Tennis Court Project. It is anticipated that construction will begin this summer
with a September 9, 2009 completion date. The project will consist of replacing the
two court system on the west side of Weed Park and building two new courts adjacent
to the courts to be replaced where the Weed Park water tower once stood. Prior to any
formal action by City Council, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing for the Tennis Court
Project for Thursday, May 21, 2009, at 7 p.m.?
J. Resolution Accepting Completed Work and Authorizing Final Payment for the Golf
Course Maintenance Facility Project
Presented for City Council’s consideration is a resolution accepting completed work
and authorizing final payment for the Golf Course Maintenance Facility Project. On
September 4, 2008, the City Council awarded the contract for this project to Hy-
Brand Industrial Contractors in the amount of $221,906. Contract change orders
resulted in a net reduction of $2,680 for a final contract price of $219,226. Substantial
completion of this project was obtained in March 2009. The 5% retainage or
$10,961.30 is the remaining balance yet to be paid. All work under this contract has
been completed, approved, and accepted by the project architect.
Is there a motion to adopt the resolution accepting the completed work and
authorizing final payment to Hy-Brand Industrial Contractors for the Golf Course
Maintenance Facility Project?
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K. Request to Enter Into an Agreement with McGladrey & Pullen for Audit Services
Presented for City Council’s consideration is a request to enter into an agreement
with McGladrey & Pullen for audit services. The city’s Audit Committee recently
met to review proposals that were submitted to conduct the city’s annual audit. The
selection was for an auditor for a five-year period beginning with fiscal year
2008/2009 through 2012/2013. The committee met and reviewed the three proposals
for this work. After a review of the proposals submitted, the committee voted
unanimously to recommend that the contract for auditing services be awarded to
McGladrey & Pullen LLP for a five-year period.
Is there a motion to approve an agreement with McGladrey & Pullen for audit
services?
L. Request Authorization to Purchase Pickup Truck
Presented for City Council’s consideration is a request for the replacement of a
Building and Zoning vehicle. Recently the city participated in a buy-back program
with Toyota of Muscatine for the replacement of a 1998 Toyota Tacoma pickup
truck. This truck was recalled for frame rusting issues. A check was received by the
city in the amount of $7,725. Local dealerships were contacted to see what used
inventory was available. After a review with those dealerships, it is being
recommended the city purchase a 2008 GMC Canyon pickup truck in the amount of
$12,914 from Krieger Motor Company. The city’s Equipment Replacement Fund will
pick up the balance of the cost of the vehicle which will be $5,189.
Is there a motion to approve the purchase of a 2008 GMC Canyon pickup truck from
Krieger Motor Company for replacement of a Building and Zoning?
M. Request Authorization to Enter Into Agreement with Shoemaker-Haaland for
Construction Administration on Clay Street Inlay Project
Presented for City Council’s consideration is a request for authorization to enter into
an agreement with Shoemaker-Haaland for construction administration on the Clay
Street Inlay Project. The city has solicited a proposal from this firm for construction
observation, material testing, and administrative services for this project. Because the
project is receiving federal funds administered through the State of Iowa, there are a
number of reports required to be submitted to the state as the project progresses.
Shoemaker-Haaland has done this work for the city successfully in the past. The cost
for these services will be $38,700.
Is there a motion to approve the construction administration contract with
Shoemaker-Haaland in the amount of $38,700 for the Clay Street Inlay Project?
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N. Request to Approve Change Order #1 for the Bridge Tribute Plaza/Bike Trail Kiosk
Presented for City Council’s consideration is a request to approve Change Order #1
for the Bridge Tribute Plaza/Bike Trail Kiosk. Previously the city authorized a
contract for professional services to assist with this project with Red Barn
Engineering. Due to the unanticipated number of revisions through the Iowa
Department of Transportation for this project, the city has requested additional work
and services from Red Barn. At this time city staff is requesting the approval of
Change Order #1 in the amount of $3,500 for those additional services.
Is there a motion to approve Change Order #1 for the Bridge Tribute Plaza/Bike Trail
Kiosk?
O. Request to Approve Issuance of Purchase Order for a Physical Needs Assessment and
Energy Audit for Clark House and Sunset Park
Presented for City Council’s consideration is a request to approve the issuance of a
purchase order for a physical needs assessment and energy audit for the Clark House
and Sunset Park. Inasmuch as both facilities are recipients of dollars from the
American Recovery and Reinvestment Act, it is required that a separate physical
needs assessment and energy audit be conducted. Solicitations of qualified firms
generated five responses. After a review of the responses submitted, it is staff’s
recommendation to approve a contract with Nelrod Company of Fort Worth, Texas,
in the amount of $5,799.
Is there a motion to approve the issuance of a purchase order for a physical needs
assessment and energy audit for the Clark House and Sunset Park to Nelrod Company
in the amount of $5,799?
P. Request Approval of Street Striping Bid
Presented for City Council’s consideration is the authorization of a contract for the
2009 Street Striping Project. Four bids were sent out with one being received from
Peterson Parking Lot Striping Inc. of Carbon Cliff, Illinois, in the amount of
$46,832.14. There was $50,000 budgeted for this project.
Is there a motion to approve the paint striping bid from Peterson Parking Lot Striping
in the amount of $46,832.14?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – April 6, 13 & 20, 2009
B. Art Center Board of Trustees – March 19, 2009
C. Historic Preservation Commission – March 18, 2009
D. Board of Water, Electric, and Communications Trustees – March 31, 2009
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E. MP&W Communications Utility – March 2009
F. MP&W Electric Utility – March 2009
G. MP&W Water Utility – March 2009
H. City of Muscatine Financial Reports – March 2009
14.
APPROVAL OF BILLS
It is recommended bills totaling $1,649,978.60 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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