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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, JUNE 4, 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 – May 21, 2009
B. Joint City Council/County Board of Supervisors Meeting – May 28, 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-G
*
13 – A-F
* Bills*
* Approval of attached Bills for Approval totaling $4,891,024.77 is subject to the
approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Muscatine Bridge Tribute Plaza and Bike Trail Kiosk Projects
Previously City Council took action to establish a public hearing on the proposed
Muscatine Bridge Tribute Plaza and Bike Trail Kiosk Projects. Working in
conjunction with two separate Leadership Muscatine projects, city staff has helped
coordinate efforts to make these projects a reality on the riverfront. The city has
secured IDOT funding on behalf of Leadership Muscatine for both of these projects.
The estimated cost for the two projects is $94,000. 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 Muscatine Bridge Tribute
Plaza and Bike Trail Kiosk Projects.
B. Proposed Housing ARRA Capital Projects
Previously City Council took action to establish a public hearing on the proposed
Housing ARRA Capital Projects. The city has received funding from the American
Recovery and Reinvestment Act of 2009 to make improvements at the Sunset Park
housing facility. The original intent was to use the funds made available through the
program to make certain facility upgrades at Sunset Park. However, due to a more
favorable bidding climate, the city has additional funds within that original allocation
of ARRA monies to make other improvements. It is anticipated the additional funds
will be used to make further capital improvements at Sunset Park which would
include the installation of on-demand high efficiency water heaters. Prior to making
any alterations to the original capital improvement program listing, a public hearing
is required.
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Now is the time for the public to comment on the proposed Housing ARRA Capital
Projects.
9.
PETITIONS AND COMMUNICATIONS
A. Request on second reading for a new Class BW Beer/Wine Permit with Outdoor
Service for Elly’s Tea & Coffee House LLC, 208 W. 2
nd
Street #8 – Elouise M. Lloyd
(pending inspections and receipt of final paperwork)
B. Request for renewal of a Class A Liquor License and Sunday Sales Permit for
Veterans of Foreign Wars Club Inc., 421 Mulberry Avenue
C. Request for renewal of a Class E Liquor License and Sunday Sales Permit for
Cigarette Outlet #16, 1504 Park Avenue – Cigarette Outlet Inc.
D. Request for renewal of a Class B Beer and Sunday Sales Permit for China Buffet of
Muscatine Inc., 1903 Park Avenue #48
E. Request for renewal of a Class C Beer and Sunday Sales Permit for Scott’s Outdoors,
1907 Stewart Road – General Outdoors Inc.
F. Request for renewal of a Class BW Beer/Wine and Sunday Sales Permit for Peking
Chinese Restaurant Inc., 1700 Park Avenue #C
G. Request from Missipi Brewing Co., 107 Iowa Avenue to extend their Outdoor
Service Area into the parking lot on June 12-15, June 26-29, July 3-6, July 17-20, and
August 14-17, 2009 (pending review by Muscatine Police Department)
H. Request from Zion Lutheran Church to Approve Neighborhood Block Party
The city has received a request from Zion Lutheran Church to conduct a
neighborhood block party on Wednesday, June 10, 2009, from 5 to 7 p.m. The church
is requesting the use of Sycamore Street from the alley to 6
th
Street. Setup would
begin at 3 p.m. and the event would be completed by 8 p.m. with the reopening of the
street.
Is there a motion to approve the request from Zion Lutheran Church to approve a
neighborhood block party?
10.
FROM THE MAYOR
11.
FROM THE PLANNING AND ZONING COMMISSION
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12.
FROM THE CITY ADMINISTRATOR
A. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and
Establishing Bid Opening Date for the Muscatine Bridge Tribute Plaza and Bike Trail
Kiosk Projects
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 Muscatine Bridge Tribute Plaza and Bike Trail Kiosk Projects. Previously a
public hearing was held to receive public comment on the proposed projects. The city
has been assisting two Leadership Muscatine groups who have been pursuing these
improvements along the riverfront. The estimated cost of the project is $94,000.
Is there a motion to adopt the resolution approving the plans, specifications, form of
contract, cost estimate and establishing a bid opening date for the Muscatine Bridge
Tribute Plaza and Bike Trail Kiosk Projects?
B. Resolution Authorizing Mayor to Sign Subordination Agreement for 1821 Schiller
Street
Presented for City Council’s consideration is a resolution authorizing the Mayor to
sign a subordination agreement for 1821 Schiller Street. Cruz and Maria Leza, who
reside at this location, are participants in the 2006 housing rehabilitation program. As
part of the program, they signed a mortgage agreement with the city which was
recorded in April 2007. They now wish to refinance the property to take advantage of
lower interest rates. The city has in the past, and anticipates continuing, taken
subordinate positions within the housing rehabilitation program to facilitate lower
interest rates for homeowners.
Is there a motion to adopt the resolution authorizing the Mayor to sign a
subordination agreement for Cruz and Maria Leza of 1821 Schiller Street?
C. Resolution Approving Changes to Housing Five-Year and Annual Plans
Presented for City Council’s consideration is a resolution approving changes to the
Housing Five-Year and Annual Plans. Previously a public hearing was held to receive
public comment on the proposed changes. The changes were made to reflect
modifications to the capital funding ARRA grant that now includes but is not limited
to 30 new water heaters for the two bedroom units at Sunset Park.
Is there a motion to adopt the resolution approving changes to the Housing Five-Year
and Annual Plans?
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D. Resolution Authorizing the Sale of 407 McKinley Street
Presented for City Council’s consideration is a resolution authorizing the sale of 407
McKinley Street. Previously City Council took action to declare this property as
surplus and offer it for sale to a qualified individual under the first-time home buyer’s
Section 8 program. Unfortunately, the local economic situation resulted in the
participant not qualifying for further participation in the program. At this time no
other eligible Section 8 family has been found and it is the recommendation of staff to
allow the sale of this home to a qualified purchaser outside the Section 8 program.
Is there a motion to adopt the resolution authorizing the sale of 407 McKinley Street?
E. Resolution Approving Changes to the Section 8 Administrative Plan
Presented for City Council’s consideration is a resolution approving changes to the
Section 8 Administrative Plan. Recently the city received notification from HUD that
funding would be severely restricted within the city’s Section 8 program. In order to
maximize the dollars that will be made available and to help as many families as
possible, staff is recommending a policy change within the Section 8 Administrative
Plan to conduct interim reexamination and rent adjustments to families whose
incomes increase more than $200 per month. This will allow the funding to provide
continued assistance to as many families in this jurisdiction as possible.
Is there a motion to adopt the resolution approving changes to the Section 8
Administrative Plan?
F. Resolution Accepting Completed Work Performed Under the Mad Creek Area
Sanitary and Storm Sewer Separation Project and Authorizing Final Payment
Presented for City Council’s consideration is a resolution accepting completed work
performed under the Mad Creek Area Sanitary and Storm Sewer Separation Project
and authorizing final payment. In 2008 the City Council awarded the contract for this
project to Sulzberger Excavating in the amount of $2,396,799.05. The project
included separating sewers, street reconstruction, curb and gutter replacement,
sidewalk installation, and the burying of period lighting infrastructure. Six change
orders for this project were processed totaling $176,860.28. An additional cost of
$414,779.92 was associated with additional material quantities. All the work under
the contract has been completed with the remaining amount of $149,421.96 including
the 5% retainage now due and payable.
Is there a motion to adopt the resolution accepting the completed work performed
under the Mad Creek Area Sanitary and Storm Sewer Separation Project and
authorizing final payment to Sulzberger Excavating?
G. Resolution Approving the Contract and Bond for the Clay Street Inlay Project
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Presented for City Council’s consideration is a resolution approving the contract and
bond for the Clay Street Inlay Project. Previously City Council took action to approve
the contract with Vieth Construction in the amount of $912,267.20 for this project. At
this time the appropriate contract and bond have been submitted for staff review and
have been approved and are now being forwarded for Council’s final approval.
Is there a motion to adopt the resolution approving the contract and bond from Vieth
Construction in the amount of $912,267.20 for the Clay Street Inlay Project?
H. Resolution Setting Public Hearing on a Proposed Zoning Change Within the City of
Muscatine – Bermel Property
Presented for City Council’s consideration is a resolution setting a public hearing on
a proposed zoning change within the City of Muscatine. Previously City Council took
action to approve the voluntary annexation of approximately 144 acres of real estate.
As part of the pre-annexation arrangement, once the property was voluntarily
annexed, a rezoning action would take place. Prior to any formal action by Council at
this time, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing on a proposed zoning
change within the City of Muscatine for Thursday, June 18, 2009, at 7 p.m.?
I. Resolution Setting Set Public Hearing on Proposed Zoning Change Within the City of
Muscatine – Ripley’s Development Corporation
Presented for City Council’s consideration is a resolution setting a public hearing on
a proposed zoning change within the City of Muscatine. Previously City Council took
action to approve the voluntary annexation of approximately 42 acres of real estate.
As part of the pre-annexation arrangement, once the property was voluntarily
annexed, a rezoning action would take place. Prior to any formal action by Council at
this time, a public hearing is required.
Is there a motion to adopt the resolution setting a public hearing on a proposed zoning
change within the City of Muscatine for Thursday, June 18, 2009, at 7 p.m.?
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J. Resolution Approving Contract for HVAC Systems at Sunset Park
Presented for City Council’s consideration is a resolution approving the contract for
the HVAC systems at Sunset Park. Under the American Recovery and Reinvestment
Act of 2009, monies were made available to the Public Housing Agency to purchase
new energy efficient forced air furnaces and central air conditioning for Sunset Park.
A total of seven bids were received with the lowest responsible bid being that of J.L.
Brady Co. of Moline, Illinois, in the amount of $185,406. The engineer’s estimate for
the project was $300,000.
Is there a motion to adopt the resolution awarding the contract for the installation of
HVAC systems at Sunset Park to J.L. Brady Co. in the amount of $185,406?
K. Request to Approve Easement from Eastern Iowa Community College District for
Tennis Court Construction Project at Weed Park
Presented for City Council’s consideration is a request to approve an easement from
the Eastern Iowa Community College District for the Tennis Court Construction
Project at Weed Park. In developing this project, it was discovered the two-court
tennis court pod which is to be rebuilt is sitting roughly on 11’ of community college
owned land. Contacts were made with the college and they have agreed to grant a
construction easement as well as a permanent easement for the use of these courts by
the city. All the necessary documentation has been prepared at this time and is subject
to Council approval.
Is there a motion to approve an easement from the EICCD for the Tennis Court
Construction Project at Weed Park?
L. Request Approval of City Carton Recycling Contract
Presented for City Council’s consideration is a request to approve the City Carton
Recycling Contract. The current contract for services provided by City Carton to the
City of Muscatine for recycling activities expires June 30, 2009. A renewal contract
is being submitted for Council’s consideration that would run from July 1, 2009
through June 30, 2014. The city has been in partnership with City Carton since the
inception of the recycling program. If approved by Council, the terms and conditions
of the contract would remain the same.
Is there a motion to approve the renewal of the City Carton Recycling Contract?
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M. Request Authorization to Provide Cardboard Curbside Recycling Program
Presented for City Council’s consideration is a request for authorization to provide a
cardboard curbside recycling program. Following numerous reviews with City
Council, a formal request for the implementation of a cardboard curbside recycling
program is being presented for City Council’s consideration. If the program is
approved, a new refuse collection driver will be hired to meet the demands of the
additional program. This will also assist the city in the anticipated contract with the
City of Fruitland for those additional services as well. If approved by Council, the
program would be implemented beginning July 1, 2009.
Is there a motion to approve the cardboard curbside recycling program?
N. Request to Approve Offers/Donations Related to the Mad Creek Levee Improvement
Project
Presented for City Council’s consideration is a request to approve offers/donations
related to the Mad Creek Levee Improvement Project. As the city proceeds with the
improvements along Mad Creek, we will at some point take possession of property
necessary for the construction project. Possession will occur either through
acquisition or through donation. The city already has received indications from HNI
Corporation that they are willing to donate property they own for the project. At this
time no final documents have been prepared, but on the advice of legal counsel, it is
appropriate for Council to approve the offers/donations related to this project and
prepare documentation for signature by the Mayor.
Is there a motion to approve the offers/donations related to the Mad Creek Levee
Improvement Project?
O. Request from Police Department to Submit Justice Assistance Grant Application
Presented for City Council’s consideration is a request from the Police Department to
submit a Justice Assistance Grant application. Recently the city received notification
from the federal government that additional funds may be made available through the
Justice Assistance Grant program. Previously City Council authorized the application
on behalf of the city to this program for funds that would be made available for non-
budgeted capital items for the Police Department. With the second round of grant
allocations available, the city and Muscatine County could be allocated an additional
$28,566 or $14,283 to each agency.
Is there a motion to approve the request from the Police Department to submit a
Justice Assistance Grant application?
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P. Request Approval of IDOT Agreement
Presented for City Council’s consideration is a request to approve a joint participation
agreement from the Iowa Department of Transportation. With funds provided through
the American Recovery and Reinvestment Act of 2009, $100,000 has been allocated
to the City of Muscatine to assist in the reconstruction of the parking lot at Public
Works. No local match is required.
Is there a motion to approve the joint participation agreement with the IDOT?
Q. Request Approval of “PAL” Agreement
Presented for City Council’s consideration is a request to approve a PAL agreement.
Following a review with the County Board of Supervisors, the City Council is being
asked to participate in a Provisional Accredited Levee program that allows the city
two years to certify levees within its jurisdiction that they meet FEMA requirements
for flood protection. Once the agreement is signed, the city will have a two-year grace
period in which to certify the levees in order to receive full coverage.
Is there a motion to approve the “PAL” agreement?
R. Request Approval of MUSCOM Amendment
Presented for City Council’s consideration is a request to approve a MUSCOM
amendment. Presented at last week’s joint City Council/County Board of Supervisors
meeting, the amended and restated articles of agreement between the city and
Muscatine County for the Muscatine County Joint Communication Commission were
presented. Those proposed changes relate to the funding of the MUSCOM operation
only. In February 2009, Muscatine County agreed to levy a countywide Emergency
Management Levy to fund the operation of MUSCOM. Based on that action, it is
necessary to amend the agreement?
Is there a motion to approve the MUSCOM amendment?
S. Request Approval of MAGIC Software Purchase
Presented for City Council’s consideration is a request to approve a MAGIC software
purchase. The GIS software used by MAGIC and its partner organization is produced
by ESRI. Recent changes in software licensing procedures by ESRI require changes
in the current contract. Based on population, the city, Muscatine Power & Water and
MAGIC will split the full cost of the changes three ways. That contract change results
in a fee of $25,000 per year.
Is there a motion to approve the MAGIC software contract purchase?
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14.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – May 11, 2009
B. Historic Preservation Commission – April 15, 2009
C. Art Center Board of Trustees – April 16, 2009
D. MP&W – Communications Utility – April 2009
E. MP&W – Electric Utility – April 2009
F. MP&W – Water Utility – April 2009
14.
APPROVAL OF BILLS
It is recommended bills totaling $4,891,024.77 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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