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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
Randy Hill
Interim 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, JULY 2, 2009
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
A. Swearing in of Police Officer Josh Cummings
At this time Police Officer Josh Cummings will be sworn in.
6.
MINUTES - APPROVAL
A. City Council Meeting – June 18, 2009
B. Special City Council Meeting – June 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-E
* Bills*
* Approval of attached Bills for Approval totaling $990,253.05 is subject to the approval
of any related agenda item(s).
8.
PUBLIC HEARING
A. Proposed 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. Items needing
repaired were reviewed with City Council at its June In-Depth meeting. Proceeds to
facilitate the repairs will be provided through FEMA funds and through the use of
TIF receipts. 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 project.
B. Proposed W. 3
rd
/Chestnut Street Parking Lot Project
This project had previously been identified for reconstruction by City Council during
its budget review sessions. This project includes improvements to retaining walls,
parking lot surfaces, and other safety issues. 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 project.
C. Proposed Public Works Parking Lot Project
City Council recently approved a joint participation agreement with the Iowa
Department of Transportation for funds provided through the American Recovery and
Reinvestment Action of 2009. The amount of the award is $100,000 and will be used
for the reconstruction of the Public Works parking lot surface. There is no local
match required. 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 project.
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9.
PETITIONS AND COMMUNICATIONS
A. Request for renewal of a Class C Liquor License and Sunday Sales Permit for The
Fiesta Inc., 1919 Grandview Avenue (pending receipt of final paperwork)
B. Request for renewal of a Class WB Native Wine and Sunday Sales Permit for The
Flower Gallery, 131 E. 2
nd
Street – Karen Diercks
C. Request for renewal of a Class C Beer and Sunday Sales Permit for Babe’s Sinclair,
2307 Lucas Street – Rodney Yocom
D. Request for renewal of a Class C Beer and Sunday Sales Permit for Hyink’s Service
Inc., 1206 E. 2
nd
Street
E. Request for Cigarette/Tobacco Permits for Wholesale Food Outlet #312, 807
Grandview Avenue – Nash Finch Co. and Circle K #6600, 8
th
and Cypress streets –
Mac’s Convenience Stores LLC effective July 2009 through June 30, 2010
F. Request for Use of City Property for the Watermelon Stampede
Presented for City Council’s consideration is a request for the use of city property for
the Watermelon Stampede. This is event is being sponsored by the Muscatine
Running Club and is planned for Saturday, August 15, 2009, from 7:00 a.m. to 9:30
a.m.
Is there a motion to approve the request as submitted?
G. Request for Use of City Property by the Muscatine Community Y
Presented for City Council’s consideration is a request for use of city property by the
Muscatine Community Y. This request is in association with the Y’s triathlon
scheduled for Saturday, August 1, 2009. As part of this event, participants will be
riding bicycles on Logan Street. Y staff volunteers will monitor this event.
Is there a motion to approve the request as submitted?
10.
FROM THE MAYOR
A. Appointments and Reappointments to the City’s Various Boards and Commissions
Is there a motion to approve the appointments and reappointments to the city’s
various Boards and Commissions?
11.
FROM THE PLANNING AND ZONING COMMISSION
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12.
FROM THE CITY ADMINISTRATOR
A. Second 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 second reading of an ordinance
amending the zoning ordinance for the City of Muscatine. Approximately 144 acres
of property was voluntarily annexed into the City of Muscatine by Frank and Cleo
Bermel. The proposed zoning change would be from County A-1 (agricultural) to
City R-3 (single family residential). This action is taking place in conjunction with a
pre-annexation agreement for the voluntary annexation.
Is there a motion to approve the ordinance on second reading?
B. Second 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 second reading of an ordinance
amending the zoning ordinance for the City of Muscatine. Approximately 42 acres of
property was voluntarily annexed into the City of Muscatine by the Ripley’s
Development Corporation. The proposed zoning change would be from County A-1
(agricultural) to City R-3 (single family residential). This action is taking place in
conjunction with a pre-annexation agreement for the voluntary annexation.
Is there a motion to approve the ordinance on second reading?
C. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and
Setting the Bid Opening Date for the Pearl City Station Bulkhead Repairs and Plaza
Reconstruction Project
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract, cost estimate and setting the bid opening date for the
Pearl City Station Bulkhead Repairs and Plaza Reconstruction Project. This project
will consist of repairing the river bulkhead, pinning a corner of the Pearl City Station,
replacing the boardwalk, replacing uplifted concrete slabs, installing a seating wall
and an entry sign. The bid opening date has been set for Thursday, July 30, 2009.
Is there a motion to adopt the resolution as submitted?
D. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and
Setting the Bid Opening Date for the W. 3
rd
/Chestnut Street Parking Lot Project
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract, cost estimate and setting the bid opening date for the
W. 3
rd
/Chestnut Street Parking Lot Project. This project, which was previously
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identified for repairs by City Council, incorporates improvements as outlined in the
public hearing. The bid opening date has been set for Wednesday, July 29, 2009.
Is there a motion to adopt the resolution as submitted?
E. Resolution Approving the Contract and Bond for the Tennis Court Construction
Project
Presented for City Council’s consideration is a resolution approving the contract and
bond for the Tennis Court Construction Project. Recently City Council took action to
award the low bid for this project to Hy-Brand Industrial Contractors in the amount of
$274,250. The total cost for the project would be $308,950 which also includes all
concept design and professional engineering services provided to date.
Is there a motion to adopt the resolution as submitted?
F. Resolution Awarding the Contract for the Bridge Tribute Plaza and Bike Trail Kiosk
Projects
Presented for City Council’s consideration is a resolution awarding the contract for
the Bridge Tribute Plaza and Bike Trail Kiosk Projects. The City of Muscatine had
secured funding from the Iowa Department of Transportation for this project on
behalf of Leadership Muscatine for these projects. Bids were solicited for this project
with one bid being received from Muscatine Bridge Inc. in the amount of $95,374.
The bid was reviewed by the IDOT for compliance and they concur with awarding
the bid to Muscatine Bridge Inc. The engineer’s estimate for the project was $98,623.
Is there a motion to adopt the resolution as submitted?
G. Resolution Accepting Offers and Donations of Property and Authorizing Payments
for the Mad Creek Levee Improvement Project
Presented for City Council’s consideration is a resolution accepting offers and
donations of property and authorizing payments for the Mad Creek Levee
Improvement Project. As part of this project, it is necessary for the city to obtain
permanent and/or temporary easements from public and private property owners. At
this time staff is recommending the acceptance of the offers of sale and donation from
property owners and authorizing payment for the temporary and permanent
easements. Once this process is completed, the Corps of Engineers will then solicit
bids for Phase I of the project.
Is there a motion to adopt the resolution as submitted?
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H. Resolution Accepting Easements for the Hershey Avenue Storm Sewer Separation
Project – Phase I
Presented for City Council’s consideration is a resolution accepting easements for the
Hershey Avenue Storm Sewer Separation Project – Phase I. Those properties
requiring both permanent and temporary easements are the Muscatine School District
(Franklin School, 210 Taylor Street); Simmering Home Builders, 220 Taylor Street;
and Danny and Wilma Keller, 401 Evans Street. A fourth property, owned by Robert
Seiler, 207 Liberty Street, required only a permanent easement. Three of the
properties (Muscatine School District, Robert Seiler, and Danny and Wilma Keller)
did not require any additional releases because there were no liens attached to those
parcels. The Simmering property required a Consent of Mortgagee form to be signed
by the mortgage holder and recorded with the easement. This signed form as been
provided.
Is there a motion to adopt the resolution accepting the easements as submitted and
authorizing their recording?
I. Resolution Accepting Easement for the Hershey Avenue Storm Sewer Separation
Project – Phase I
Presented for City Council’s consideration is a resolution accepting easements for the
Hershey Avenue Storm Sewer Separation Project – Phase I. Easements are required
for an additional property owned by Juan and Erika Martinez, 409 Evans Street. This
property requires a Consent of Mortgagee form to be signed by the mortgage holder
and recorded with the easement. The consent form from the mortgage holder of the
Martinez property has not yet been received. It is staff’s recommendation that City
Council accept the Martinez easements and authorize their recording subject to the
receipt of the Consent of Mortgagee from the mortgage holder.
Is there a motion to adopt the resolution accepting the easements as submitted and
authorizing their recording subject to the receipt of the Consent of Mortgagee form
from the mortgage holder?
J. Resolution Approving the Contract and Bond for the 2009 Curb and Gutter and Street
Maintenance Program
Presented for City Council’s consideration is a resolution approving the contract and
bond for the 2009 Curb and Gutter and Street Maintenance Program. Recently City
Council took action to award the contract for this project to Heuer Construction in the
amount of $192,069.50. The appropriate contract and bond have been received and
reviewed and it is staff’s recommendation they be approved.
Is there a motion to adopt the resolution as submitted?
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K. Resolution Accepting the Completed Work Performed Under the Methane Gas Vent
System in Ravine #4 at the Muscatine County Landfill and Authorizing Final
Payment
Presented for City Council’s consideration is a resolution accepting completed work
performed under the Methane Gas Vent System in Ravine #4 at the Muscatine
County Landfill and authorizing final payment. This project, which was completed in
May 2009, was awarded to Terra Construction for the installation of 11 vents for
venting the methane out of Ravine #4. There were no change orders.
Is there a motion to adopt the resolution as submitted?
L. Resolution Setting Public Hearing for the Police Department Usage of a Justice
Assistance Grant
Presented for City Council’s consideration is a resolution setting a public hearing for
the Police Department’s usage of a Justice Assistance Grant received from the U.S.
Department of Justice. If approved, the public hearing would be held Thursday, July
16, 2009, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
M. Resolution Setting Public Hearing to Approve Proposed Development Agreement for
the Newcomb Properties Project
Presented for City Council’s consideration is a resolution setting a public hearing to
approve a proposed development agreement for the Newcomb Properties Project.
This proposed agreement is in association with the construction of a new facility at
3606 Grandview Avenue in the South End Urban Renewal Area for leasing to
Newcomb Warehouse Inc. The agreement would provide financial incentives in the
form of incremental property tax payments. If approved, the public hearing would be
held Thursday, July 16, 2009, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
N. Resolution Setting Public Hearing to Approve Proposed Development Agreement for
the Curry Transportation Service Inc. Project
Presented for City Council’s consideration is a resolution setting a public hearing to
approve a proposed development agreement for the Curry Transportation Service Inc.
Project. This proposed agreement is in association with the construction of their new
facility in the South End Urban Renewal Area. The agreement would provide
financial incentives in the form of incremental property tax payments. If approved,
the public hearing would be held Thursday, July 16, 2009, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
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O. Request Approval of Household Hazardous Materials Service Agreement Between
Louisa County Solid Waste Management Agency and City of Muscatine
Presented for City Council’s consideration is a request to approve a Household
Hazardous Materials Service Agreement between the Louisa County Solid Waste
Management Agency and the City of Muscatine. Previously the city had entered into
an agreement to provide services for the proper handling and disposal of household
hazardous materials for Louisa County residents. There are no changes to the
previous agreement, which is proposed for renewal. It will take effect August 1, 2009
through July 31, 2010. There is a $35 per household fee with an amount not to exceed
$4,750.
Is there a motion to approve the request as submitted?
P. Request Approval to Purchase Compact Pickup Truck for the Planning, Zoning and
Building Safety Department
Presented for City Council’s consideration is a request to purchase a compact pickup
truck for the Planning, Zoning and Building Safety Department. Two bids were
received from the Krieger Auto Group of Muscatine. They submitted a low bid of
$17,850 for a 2009 Ford Ranger Super Cab. There was $20,000 budgeted for this
purchase.
Is there a motion to approve the request as submitted?
Q. Request Approval to Purchase ½ Ton Pickup Truck and One Ton Dump Truck for the
Collection and Drainage Division of the Public Works Department
Presented for City Council’s consideration is a request to purchase a ½ ton pickup
truck and one-ton dump truck for the Collection and Drainage Division. Three bids
were received for the ½ ton truck with the low bid from Krieger Auto Group in the
amount of $17,050 for a 2010 Ford F-150. There were four bids submitted for the
one-ton dump truck. The two low bids were identical. With the 2% local preference
formula, Krieger Auto Group is the low bid. The amounts budgeted for these vehicles
are $23,000 and $33,000, respectively.
Is there a motion to approve the request as submitted?
R. Request Authorization to Enter Into a Joint Participation Agreement with the Iowa
Department of Transportation to Implement a Federal Transit Administration Non-
Urban Operating Assistance Project
Presented for City Council’s consideration is a request to enter into a joint
participation agreement with the Iowa Department of Transportation to implement a
Federal Transit Administration Non-Urban Operating Assistance Project. The
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MuscaBus operation will receive $273,429 from the IDOT to support this public
transit service. The money will be used for operating expenses for the 2009/2010
fiscal year. The projected budget for fiscal year 2009/2010 for the FTA funds was
$271,862.
Is there a motion to approve the request as submitted?
S. Request Approval to Purchase Pickup Truck for Kent Stein Park
Presented for City Council’s consideration is a request to approve the purchase of a
truck for Kent Stein Park. Bids were solicited from 12 vendors; however, only two
bids were received. River City Ford of Davenport submitted a bid of $19,395 and
Krieger Motor Company a bid of $19,400. With the 2% local preference formula, the
bid from Krieger’s is found to be the low bid. There is $25,000 budgeted for this
purchase.
Is there a motion to approve the request as submitted?
T. Request to Declare Police Vehicle as Surplus
Presented for City Council’s consideration is a request to declare a police vehicle as
surplus. The 1998 Jeep Cherokee (Unit 708) currently being used by the investigative
division of the Police Department is in poor condition and in need of several repairs.
It is the Police Department’s intent to trade this vehicle in on a new, similar vehicle
for continued use by the investigative division.
Is there a motion to approve the request as submitted?
U. Request Approval to Purchase Police Vehicle
Presented for City Council’s consideration is a request to approve the purchase of a
vehicle for the Police Department. Three bids were received with the low bid being
that of Krieger Motors in the amount of $11,990 for a 2005 Chevrolet Trailblazer.
The final purchase price includes the trade in of the 1998 Jeep Cherokee (Unit 708)
currently in use by the investigative division. There was $12,000 budgeted for this
purchase.
Is there a motion to approve the request as submitted?
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V. Request to Approve Low Bid for Pontoons for Dredge Located at the Sludge Storage
Lagoon
Presented for City Council’s consideration is a request to approve the low bid for
pontoons for the dredge located at the sludge storage lagoon. The dredge was
purchased in 1986, and the pontoons are weathered, cracked, and starting to retain
water. Two bids were received with the low bid being that of Rotonics in the amount
of $8,872. There was $13,300 budgeted for replacement of the pontoons.
Is there a motion to approve the request as submitted?
W. Request Authorization to Enter Into a Professional Services Agreement for
Recruitment Services
A presentation and recommendation will be given at this time.
X. Request Approval from Fire Department to Submit Grant Application for the South
End Fire Station
Presented for City Council’s consideration is a request to approve the submission of a
grant application for the South End Fire Station. The City of Muscatine has received
notice of a $200,000 award from the Iowa Department of Economic Development for
replacing Fire Station #2. The estimated cost for this project is $1.2 million. At the
federal level, a FEMA grant is available specifically for fire station construction
projects. City staff requests approval to apply for this FEMA grant to further help
financing the replacement of Fire Station #2.
Is there a motion to approve the request as submitted?
14.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – June 3, 5, 8 & 15, 2009
B. Airport Advisory Commission – February 23, 2009
C. MP&W Communications Utility – May 2009
D. MP&W Electric Utility – May 2009
E. MP&W Water Utility – May 2009
14.
APPROVAL OF BILLS
It is recommended bills totaling $990,253.05 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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