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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 18, 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 – June 4, 2009
B. In-Depth Council Meeting – June 11, 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-F
*
13 – A-D
* Bills*
* Approval of attached Bills for Approval totaling $2,324,235.23, as well as April and
May 2009 journal entries, is subject to the approval of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed Voluntary Annexation for Frank and Cleo Bermel
Previously City Council took action to establish a public hearing on the proposed
voluntary annexation for Frank and Cleo Bermel. This proposed voluntary annexation
encompasses approximately 144 acres of real estate. Prior to any formal action by
City Council, a public hearing is required.
Now is the time for the public to comment on this proposed voluntary annexation.
B. Proposed Voluntary Annexation for Ripley’s Land Development Corporation
Previously City Council took action to establish a public hearing on the proposed
voluntary annexation for Ripley’s Land Development Corporation. This proposed
voluntary annexation encompasses approximately 42 acres of real estate. Prior to any
formal action by City Council, a public hearing is required.
Now is the time for the public to comment on this proposed voluntary annexation.
C. Proposed Zoning Change Within the City of Muscatine – Bermel Property
Previously City Council took action to establish a public hearing on the proposed
zoning change within the City of Muscatine for the Bermel property. As part of the
pre-annexation agreement, the city has agreed to rezone approximately 144 acres of
real estate from County A-1 (agricultural) to City R-3 (single family residential). The
rezoning request has been reviewed and is recommended for approval by the city’s
Planning and Zoning Commission. Prior to any formal action by City Council, a
public hearing is required.
Now is the time for the public to comment on the proposed zoning change.
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D. Proposed Zoning Change Within the City of Muscatine – Ripley’s Land Development
Corporation
Previously City Council took action to establish a public hearing on the proposed
zoning change within the City of Muscatine for the Ripley’s Land Development
Corporation. As part of the pre-annexation agreement, the city has agreed to rezone
approximately 42 acres of real estate from County A-1 (agricultural) to City R-3
(single family residential). The rezoning request has been reviewed and is
recommended for approval by the city’s Planning and Zoning Commission. Prior to
any formal action by City Council, a public hearing is required.
Now is the time for the public to comment on the proposed zoning change.
9.
PETITIONS AND COMMUNICATIONS
A. First reading for a new Class C Beer Permit for Walgreens #5885, 1703 Park Avenue
– Walgreen Co.
B. Request for Five-Day Class B Beer Permit for Great River Days for July 29, 2009
through August 1, 2009 at Riverfront Park
C. Request for renewal of a Class C Liquor License with Outdoor Service for Jody’s
Corner Tap Inc., 226 Walnut Street
D. Request for renewal of a Class C Liquor License and Sunday Sales Permit for
Palenque Bar, 500 Mulberry Avenue – Maria Garcia (pending receipt of final
paperwork)
E. Request for renewal of a Class C Liquor License and Sunday Sales with Outdoor
Service for The Pearl LLC, 101 W. Mississippi Drive
F. Request for 26 cigarette/tobacco permits for July 1, 2009 through June 30, 2010
G. Request from Geneva Golf & Country Club to Dispense Fireworks
Presented for City Council’s consideration is a request from the Geneva Golf &
Country Club to dispense fireworks. The date of the request is August 15, 2009 and
will coincide with Family Day held at the country club. J&M Displays has been hired
to conduct the fireworks. They have worked at the club for a number of years and
have been used under other venues in the community. No objections have been raised
by staff at this time.
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Is there a motion to approve the request from Geneva Golf & Country Club to
dispense fireworks on August 15, 2009?
H. Request to Approve Great River Days Parade
Presented for City Council’s consideration is a request to approve the Great River
Days Parade. Previously City Council took action to approve the use of city property
for Great River Days activities; however, the parade route was not submitted at that
time and it is now being submitted for consideration. If approved, the parade would
take place on August 1, 2009 at 11:00 a.m. The organizers of the parade have selected
Parade Route #1. Staging for the parade will take place on Iowa Avenue in advance
of the determined start time.
Is there a motion to approve the Great River Days Parade for August 1, 2009?
10.
FROM THE MAYOR
A. Reappointment of Doyle Tubandt to the Board of Water, Electric, and
Communications Trustees
Is there a motion to approve the reappointment of Doyle Tubandt to the Board of
Water, Electric, and Communications Trustees?
11.
FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat for the Island Grove Subdivision
Presented for City Council’s consideration is a resolution approving the final plat for
the Island Grove Subdivision. The city’s Planning and Zoning Commission has
reviewed and approved this subdivision, a two-lot commercial subdivision located in
the 4700 block of Grandview Avenue. The property is currently developed with the
former Melon Shed and Convenience Store located on two lots and sharing a single
entrance. Previously both lots were under one owner and now are being proposed to
be sold separately. In order to complete the sale and transfer of the property, the
existing property lines must be altered to comply with ordinance requirements.
Is there a motion to adopt the resolution approving the final plat for the Island Grove
Subdivision?
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12.
FROM THE CITY ADMINISTRATOR
A. Resolution Approving the Frank and Cleo Bermel Voluntary Annexation
Presented for City Council’s consideration is a resolution approving the Frank and
Cleo Bermel voluntary annexation. Previously a public hearing was held to receive
public comment on the proposed voluntary annexation of approximately 144 acres
owned by Frank and Cleo Bermel into the City of Muscatine. This process began in
December 2008 with a pre-annexation agreement being approved by City Council to
facilitate this voluntary annexation. As part of this process, the city will participate in
the design and approval of a new public sanitary sewer line extension and lift station
and agree to assist in a zoning change for the property.
Is there a motion to adopt the resolution approving the Frank and Cleo Bermel
voluntary annexation?
B. Resolution Approving the Ripley’s Land Development Corporation Voluntary
Annexation
Presented for City Council’s consideration is a resolution approving the Ripley’s
Land Development Corporation voluntary annexation. Previously a public hearing
was held to receive public comment on the proposed voluntary annexation of
approximately 42 acres owned by Ripley Land Development Corporation into the
City of Muscatine. This process began in December 2008 with a pre-annexation
agreement being approved by City Council to facilitate this voluntary annexation. As
part of this process, the city will participate in the design and approval of a new
public sanitary sewer line extension and lift station and agree to assist in a zoning
change for the property.
Is there a motion to adopt the resolution approving the Ripley Development
Corporation voluntary annexation?
C. First Reading of an Ordinance Amending the Zoning Ordinance for the City of
Muscatine – Frank and Cleo Bermel
Presented for City Council’s consideration is the first reading of an ordinance
amending the zoning ordinance for the City of Muscatine. Previously a public hearing
was held to receive comment on the proposed rezoning of approximately 144 acres of
property that is voluntarily being annexed into the city. If approved, the zoning
change would be from County A-1 (agricultural) to City R-3 (single family
residential). This rezoning action is taking place in conjunction with a pre-annexation
agreement for the voluntary annexation of this property.
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Is there a motion to approve the first reading of an ordinance amending the zoning
ordinance for the City of Muscatine?
D. First Reading of an Ordinance Amending the Zoning Ordinance for the City of
Muscatine – Ripley Land Development Corporation
Presented for City Council’s consideration is the first reading of an ordinance
amending the zoning ordinance for the City of Muscatine. Previously a public hearing
was held to receive comment on the proposed rezoning of approximately 42 acres of
property that is voluntarily being annexed into the city. If approved, the zoning
change would be from County A-1 (agricultural) to City R-3 (single family
residential). This rezoning action is taking place in conjunction with a pre-annexation
agreement for the voluntary annexation of this property.
Is there a motion to approve the first reading of an ordinance amending the zoning
ordinance for the City of Muscatine?
E. Resolution Awarding Contract for the Tennis Court Construction Project
Presented for City Council’s consideration is a resolution awarding the contract for
the Tennis Court Construction Project. This project has been under consideration and
review for the past several years. The review focused on the replacement and repair
of tennis courts at Weed Park. Following those reviews, the city moved forward with
the development of plans and specifications to replace and rebuild the identified
courts. Four proposals were submitted for consideration by the city. Of the four, the
lowest responsible bid was from Hy-Brand Industrial Contractors in the amount of
$274,250. There was $280,000 budgeted for the project. If accepted, the total cost for
the project would be $308,950 which includes all concept design and professional
engineering services provided to date. Given the current condition of tennis facilities
owned by the city, it is the recommendation of staff to proceed with this project.
Is there a motion to adopt the resolution awarding the contract for the Tennis Court
Construction Project to Hy-Brand Industrial Contractors?
F. Resolution Setting Public Hearing on the Pearl City Station Bulkhead Repairs and
Plaza Reconstruction Project
Presented for City Council’s consideration is a resolution setting a public hearing on
the Pearl City Station Bulkhead Repairs and Plaza Reconstruction Project. As a result
of the second flood of 2008, there was damage to the bulkhead/seawall in front of the
Pearl City Station as well as the surrounding plaza area. An extensive review by
FEMA and by the city’s consulting engineer was completed which resulted in the
identification of items that need to be repaired. Those items were shared in detail with
City Council at the June 11, 2009 In-Depth Meeting. The project will consist of
repairing the river bulkhead, pinning a corner of the Pearl City Station, replacing the
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boardwalk, replacing uplifted concrete slabs, installing a seating wall and installing
an entry sign. Proceeds to facilitate the repairs will be provided through FEMA and
through the city’s use of TIF proceeds. 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 on the Pearl City
Station Bulkhead Repairs and Plaza Reconstruction Project for Thursday, July 2,
2009, at 7 p.m.?
G. Resolution Awarding Contract for the 2009 Curb and Gutter and Street Maintenance
Program
Presented for City Council’s consideration is a resolution awarding the contract for
the 2009 Curb and Gutter and Street Maintenance Program. Three bids were received
for the program with the lowest responsible bid being that of Heuer Construction in
the amount of $192,069.50. The engineer’s estimate for the project was $261,514.50
and the budgeted amount was $250,000.
Is there a motion to adopt the resolution awarding the contract for the 2009 Curb and
Gutter and Street Maintenance Program to Heuer Construction in the amount of
$192,069.50?
H. Resolution Setting a Public Hearing on the W. 3
rd
/Chestnut Street Parking Lot Project
Presented for City Council’s consideration is a resolution setting a public hearing on
the W. 3
rd
/Chestnut Street Parking Lot Project. This project had been previously
identified for repairs by City Council during budget review sessions. The project
incorporates improvements to retaining walls, parking lot surfaces, and other safety
issues. 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 on the W.
3
rd
/Chestnut Street Parking Lot Project for Thursday, July 2, 2009, at 7 p.m.?
I. Resolution Setting a Public Hearing on the Public Works Parking Lot Project
Presented for City Council’s consideration is a resolution setting a public hearing on
the Public Works Parking Lot Project. Previously the city had been notified of the
receipt of a grant in the amount of $100,000 for the replacement of the Public Works
parking lot surface. 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 on the Public Works
Parking Lot Project for Thursday, July 2, 2009, at 7 p.m.?
J. Resolution Awarding Contract for the Installation of Water Heaters at Sunset Park
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Presented for City Council’s consideration is a resolution awarding the contract for
the installation of water heaters at Sunset Park. The city received three qualified bids
for the project. A total of $65,000 was budgeted for 30 units with an option to
purchase 20 additional units to complete the entire changeover of water heaters at this
facility. The bid received for 50 “on-demand” tankless water heaters was $96,745.
The city has received $65,000 in American Recovery and Reinvestment Act funds
with the remaining $31,745 being provided through the capital reserve account for
housing activities.
Is there a motion to adopt the resolution awarding the contract for the installation of
“on-demand” tankless water heaters for Sunset Park to J.L. Brady LLC in the amount
of $96,745?
K. Resolution Approving Installation of Carpet in Common Hallways at Clark House
Presented for City Council’s consideration is a resolution approving the installation
of carpet in common hallways at the Clark House. The city had intended to replace
carpeting on the first two floors of this facility in the amount of $8,000. The
remaining eight floors were to be spread out through fiscal years 2010 through 2012.
Additional ARRA funds provide the opportunity to complete the entire job at this
time. Two bids for the project were received with the lowest responsible bid being
that of Carriage House Carpet One in the amount of $25,982.84.
Is there a motion to take action by resolution awarding the contract for the removal
and replacement of hallway carpeting at the Clark House to Carriage House Carpet
One in the amount of $25,982.84?
L. Resolution Authorizing Assessment of Nuisance Abatement Costs Against Private
Properties
Presented for City Council’s consideration is a resolution authorizing the assessment
of nuisance abatement costs against private properties. Periodically city staff provides
to City Council a request for the assessment of nuisance abatement costs against
private property owners. At this time staff is forwarding the assessment list for unpaid
abatement costs for 1810 Earl Avenue and 905 Oregon Street both of which were
building demolitions. The total request is for $31,342.49.
Is there a motion to adopt the resolution authorizing the assessment of nuisance
abatement costs against private properties?
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M. Resolution Approving the Preliminary/Final Plat for Northgate Subdivision
Presented for City Council’s consideration is a resolution approving the
preliminary/final plat for the Northgate Subdivision. Previously the city’s Planning
and Zoning Commission reviewed and approved the combined preliminary plat for
the Meadows, a one-lot residential subdivision located in the county. The City
Council subsequently approved the subdivision during their May 21, 2009 meeting.
During a review of the proposal by the Muscatine County Auditor, it was discovered
that a subdivision named Meadows already exists in the county. Since the filing and
recording of this subdivision has not taken place, the owner has agreed to change the
name of the subdivision to Northgate.
Is there a motion to adopt the resolution approving the preliminary/final plat for
Northgate Subdivision?
N. Request to Approve a Joint Participation Agreement with the Iowa Department of
Transportation to Implement a State Transit Assistance Operating Project
Presented for City Council’s consideration is a request to approve a joint participation
agreement with the IDOT to implement a State Transit Assistance Operating Project.
Each year the city receives notification from the IDOT pertaining to the operating
assistance they will receive for the next fiscal year for the transit operation. During
the budget sessions held in February, Council approved an amount of $186,858 for
STA assistance for the fiscal year 2009/2010. That final figure has been provided to
the city and at this time the assistance from that program will be $184,759. This
money will be used for operating expenses required to support the MuscaBus
operation.
Is there a motion to approve a joint participation agreement with the IDOT to
implement a State Transit Assistance Operating Project?
O. Request to Approve Official Endorsement of the City of Muscatine for Responsibility
of the Maintenance and Operation of the Cedar Street Trail System
Presented for City Council’s consideration is a request to approve an official
endorsement of the City of Muscatine for responsibility for the maintenance and
operation of the Cedar Street Trail System. As part of the Iowa State Recreational
Trails Grant program, the city must provide an official endorsement of all the trail
proposals from the authority to be responsible for the maintenance and operation.
This authority (city) must provide written assurances that it will adequately maintain
the trail for its intended use for a minimum of 20 years following the project
completion.
Is there a motion to approve the official endorsement of the city for responsibility for
the maintenance and operation of the Cedar Street Trail System?
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P. Request to Approve Traffic Item
Presented for City Council’s consideration is a request for the establishment of “no
parking” on the west side of Fairview Avenue between E. 4
th
Street and Lord Avenue.
This would be consistent with no parking that already exists on the west side of
Fairview from E. 4
th
Street to Holly Street and the north side of Lord Avenue from
Park Avenue to Fairview Avenue. City operations, including snow removal and
emergency services, have difficulty in negotiating the narrow street when cars are
parked on both sides.
Is there a motion to approve the request for “no parking” on the west side of Fairview
Avenue between E. 4
th
Street and Lord Avenue?
Q. Request to Approve Easement with Muscatine Power & Water for Tennis Court
Construction Project
Presented for City Council’s consideration is a request to approve an easement with
Muscatine Power & Water for the Tennis Court Construction Project. In developing
this project, the old water tower site owned by Muscatine Power & Water was
identified as a key location. The area would provide for the most cost effective and
functional way to replace and build tennis courts in the Parks system. A recreational
use easement has been drawn up and presented for your consideration at this time.
Is there a motion to approve an easement with Muscatine Power & Water for the
Tennis Court Project?
R. Request to Approve Low Bid for Purchase of Mower for the Water Pollution Control
Plant
Presented for City Council’s consideration is a request to approve the low bid for the
purchase of a mower for the Water Pollution Control Plant. The current mower used
to maintain the facility at the airport is no longer operational. Services for mowing
are provided through the WPCP because of existing equipment and expertise on hand.
Four bids were received with the lowest responsible bid being that of Elder
Implement in the amount of $11,160.86.
Is there a motion to approve the low bid from Elder Implement in the amount of
$11,160.86 for a 20’ rotary mower for the WPCP?
S. Request to Approve Change Order #1 for the Water Pollution Control Plant
Improvements Project
Presented for City Council’s consideration is a request to approve Change Order #1
for the Water Pollution Control Plant Improvements Project. Change Order #1
documents ten modifications to the construction contract for the project. This change
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order includes a decrease of $45,451 in contract price and a revised substantial and
final completion date of June 28, 2011 and July 28, 2011, respectively, due to
unforeseen weather conditions that have taken place to date.
Is there a motion to approve Change Order #1 for the WPCP Improvements Project?
T. Request to Approve Purchase of Security Cameras for the Water Pollution Control
Plant
Presented for City Council’s consideration is a request to approve the purchase of
security cameras for the Water Pollution Control Plant. Included in this year’s budget
is $15,000 for the replacement and addition of security cameras at the WPCP. It is
being proposed to purchase three cameras to adequately monitor the septic
haulers/campers site, the front gate, and the third to use as a portable camera to be
moved around the plant to monitor different areas of operation. Two bids were
received with the low bid being that of FSS Inc. of Muscatine in the amount of
$11,063.90.
Is there a motion to approve the purchase of security cameras for the WPCP Plant
from FSS Inc. in the amount of $11,063.90?
U. Request to Approve Supplemental Agreement #3 Between the City of Muscatine and
Stanley Consultants to Provide Services for the Hershey Avenue CSO
Presented for City Council’s consideration is a request to approve supplemental
agreement #3 between the City of Muscatine and Stanley Consultants to provide
services for the Hershey Avenue CSO. Stanley Consultants had been secured to
provide engineering services for the second phase of the Hershey Avenue combined
sanitary and storm sewer overflow remediation project. With the review of staff, it is
being recommended that additional services be contracted for to assist in this process.
Overall, additional fees amount to $66,775. The original agreement was entered into
in 2004.
Is there a motion to approve supplemental agreement #3 between the City of
Muscatine and Stanley Consultants to provide services for the Hershey Avenue CSO?
V. Request to Approve Memorandum of Understanding for Use of JAG Funds
Presented for City Council’s consideration is a request to approve a memorandum of
understanding for the use of Justice Assistance Grant funds. This memorandum will
be entered into between the city and Muscatine County for the receipt of these
dollars. The total award of JAG dollars for fiscal year 2009 will be $28,566. It
indicates these monies will be split equally between the two jurisdictions.
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Is there a motion to approve the memorandum of understanding for the use of JAG
funds?
W. Request to Approve Insurance Quote for 2009/2010
Presented for City Council’s consideration is a request to approve the insurance quote
for 2009/2010. Recently the city’s Insurance Review Committee met to receive the
proposals for the new insurance coverage quotes for the 2009/2010 fiscal year. Aside
from the traditional lines of insurance coverage the city secures, the city has also
agreed to insure three facilities as required by FEMA and has added two additional
facilities for coverage as well. The total cost for the two additional facilities (City
Hall and Public Safety Building) will be $5,845.
Is there a motion to approve the insurance quote for 2009/2010?
X. Resolution Approving the Authorization of a Signatory for City Accounts
Presented for City Council’s consideration is a resolution authorizing a new signatory
for all city accounts at financial institutions within the community. With the
appointment of the Interim City Administrator, it is necessary for that individual to be
authorized by resolution by City Council to be a signatory on the city’s bank accounts
where required. This will also have to occur once the city determines who the new
City Administrator will be.
Is there a motion to adopt the resolution approving the authorization of a signatory for
city accounts?
14.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – May 18 & 20, 2009 and June 1, 2009
B. Planning and Zoning Commission – May 12, 2009
C. Board of Water, Electric, and Communications Trustees – April 28, 2009
D. NFPA Survey – April and May 2009
14.
APPROVAL OF BILLS
It is recommended bills totaling $2,324,235.23, as well as April and May 2009 journal
entries, 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
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16.
OTHER BUSINESS
17. ADJOURNMENT
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