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COUNCIL
Osama Shihadeh
At Large
Dick O'Brien
Mayor
Scott Natvig
At Large
Robert Bynum
4
th
Ward
Phil Fitzgerald
1
st
Ward
Dyann Roby
5th Ward
2010 MEETING SCHEDULE
Mark LeRette
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
Gregg Mandsager
City Administrator
January 7 & 21
July 1 & 15
January 14
July 8
February 4 & 18
August 5 & 19
February 11
(None in August)
March 4 & 18
September 2 & 16
March 11
September 9
April 1 & 15
October 7 & 21
April 8
October 14
May 6 & 20
November 4 & 18
May 13
November 11
June 3 & 17
December 2 & 16
June 10
December 9
AGENDA
THURSDAY, MARCH 4, 2010
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
6.
MINUTES - APPROVAL
A. City Council Meeting – February 18, 2010
B. Budget Meetings – January 28 & 30, 2010 and February 1, 2, 3, 6, 10, 11 & 16, 2010
C. Executive Session Minutes – February 11, 2010
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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 on the Agenda.
*
9 – A-C
*
13 – A-I
* Bills*
* Approval of attached Bills for Approval totaling $909,664.13, as well as the receipt
summary and journal entries for October 2009, is subject to the approval of any related
agenda item(s).
8.
PUBLIC HEARING
A. Proposed Complaint Against Retail Cigarette Permit Holder Violating Iowa Code
Chapter 453A
This public hearing will be handled by City Attorney Harvey Allbee Jr.
9.
PETITIONS AND COMMUNICATIONS
A. Request for renewal of a Class C Liquor License with Sunday Sales and Outdoor
Service for The Rendezvous, 3127 Lucas Street – Cindy’s Rendezvous LLC
B. Request for renewal of a Class C Liquor License with Sunday Sales for Diamond
Dave’s Taco Co., 2608 2
nd
Avenue – South of the Border Inc.
C. First reading for a new Class B Beer and Sunday Sales Permit for Supreme Fitness
LLC, 303 Cleveland Street (pending inspections and receipt of final paperwork)
D. Request Approval for Use of City Property for Mississippi Valley Child Protection
Center Walk/Run
Presented for City Council’s consideration is a request from the Mississippi Valley
Child Protection Center (MVCPC) for a Walk/Run on Saturday, May 15, 2010. This
activity is scheduled to begin at 9 a.m. and last approximately one hour. The
proposed route begins at 1600 Mulberry Avenue and travels to 3
rd
Street to Iowa
Avenue and ends back at the point of origin. This is a statewide event and is a fund
raiser for the MVCPC.
Is there a motion to approve the request as submitted?
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10.
FROM THE MAYOR
A. Reappointment of Brandy Dulceak Olson to the Civil Service Commission
Is there a motion to approve the reappointment of Brandy Dulceak Olson to the Civil
Service Commission?
11.
FROM THE PLANNING AND ZONING COMMISSION
12.
FROM THE CITY ADMINISTRATOR
A. Final Reading of an Ordinance Providing for the Division of Taxes Levied on
Taxable Property in the Muscatine 2010 Industrial Urban Renewal Area Pursuant to
Section 403.19 of the Code of Iowa
Presented for City Council’s consideration is the final reading of an ordinance
providing for the division of taxes levied on taxable property in the Muscatine 2010
Industrial Urban Renewal Area Pursuant to Section 403.19 of the Code of Iowa.
Previous action by Council included a public hearing and a resolution establishing the
Muscatine 2010 Industrial Urban Renewal Area and adopting the urban renewal plan.
The next step for City Council to take is to establish by ordinance the legislation
necessary to capture the incremental property tax growth known as “tax increment
financing”. By state statute, the length of a TIF area is limited to 20 years.
Is there a motion to adopt the ordinance on final reading and direct for its publication
as required by law?
B. Resolution Approving the Order Accepting Acknowledgement/Settlement
Agreements and Imposing a Civil Penalty with Regard to Cigarette Permit Holders
Violating Iowa Code 453A.2
Presented for City Council’s consideration is a resolution approving the order
accepting acknowledgement/settlement agreements and imposing a civil penalty with
regard to cigarette permit holders violating Iowa Code 453A.2. Previously a public
hearing was held to receive public comment on this matter. If in advance of this
requested action the permit holders have not yet agreed to an
acknowledgement/settlement agreement, this action will allow the city to assess a
civil penalty against said cigarette permit holders.
Is there a motion to adopt the resolution as submitted?
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C. Resolution Approving Modification of Airport Hangar Lease Agreement
Presented for City Council’s consideration is a resolution approving modifications to
an airport hangar lease agreement. The city has received a request from Bridgestone
Americas Inc. (BSAM) to amend the lease agreement with Bandag Inc. The current
owner of the airplane being housed in the hangar owned by the city is BSAM;
therefore, it would be appropriate to approve the modification to the lease agreement.
Is there a motion to adopt the resolution as submitted?
D. Resolution Accepting the Low Bid for the Muscatine Owner-Occupied Housing
Rehabilitation Program
Presented for City Council’s consideration is a resolution accepting the low bid for
the Muscatine Owner-Occupied Housing Rehabilitation Program for 1407 Mill
Street. The city has entered into a grant agreement with the Iowa Department of
Economic Development for owner-occupied housing rehabilitation within portions of
the Riverbend and 4
th
Street Park neighborhoods. The grant agreement will fund up to
$24,999 for housing rehabilitation and additional funding for lead-based paint control
for each eligible residence. This property represents the first project under the 2009
program. Four bids were received with the low being from North Construction in the
amount of $34,987. The Muscatine Rehabilitation Committee reviewed the bids and
is recommending the acceptance of the bid from North Construction.
Is there a motion to adopt the resolution as submitted?
E. Request Authorization to Enter Into a Professional Agreement with HLW
Engineering Group for Solid Waste Services
Presented for City Council’s consideration is a request for authorization to enter into
a professional agreement with HLW Engineering Group for solid waste services. The
city was recently notified that Fox Engineering is discontinuing its solid waste
services. Therefore, bids were solicited for professional engineering services for the
Muscatine County Landfill, Muscatine Recycling Center and Transfer Station, and
Muscatine Construction and Demolition Closed Landfill. Three bids were received
with the low bid from HLW Engineering Group. Services included in this agreement
are inspections, ground water testing, financial assurance, and other items required in
order to comply with the Iowa Department of Natural Resources. It is staff’s
recommendation the city enter into a professional services agreement with HLW
Engineering Group for solid waste services.
Is there a motion to approve the request as submitted?
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F. Request Approval of the State of Iowa Federal-Aid Grade Crossing Surface Repair
Force Account Agreements
Presented for City Council’s consideration is a request to approve the State of Iowa
Federal-Aid Grade Crossing Surface Repair Force Account Agreements. There are
four agreements with the Dakota, Minnesota & Eastern Railroad and the Iowa
Department of Transportation requiring Council action. The city, the DM&E Railroad
and the IDOT will be repairing the railroad crossings at Sampson Street, Oregon
Street, 9
th
Street and 5
th
Street during the 2010 calendar year. The extent of the work
to be performed was determined by the city’s Roadway Maintenance Supervisor,
representatives of the railroad and the IDOT in 2009. The overall estimated cost for
the project is $835,000 with the city responsible for 20% of the cost. There is
$200,000 budgeted for these improvements.
Is there a motion to approve the request as submitted?
G. Request to Approve Spring Cleanup Week
Presented for City Council’s consideration is a request to set Spring Cleanup Week
for April 26-30, 2010. April is “Keep America Beautiful” month and April 22, 2010
is “Earth Day”. Spring Cleanup Week is established to coincide with these two
events. The purpose of this activity is to encourage residents to clean up their homes,
yards, and neighborhoods for the upcoming spring and summer season.
Is there a motion to approve the request as submitted?
H. Request from Police Department to Declare Items as Surplus Property
Presented for City Council’s consideration is a request from the Police Department to
declare items as surplus property. The Police Department currently has two vehicles
that have become unreliable for police service. It is staff’s recommendation these
vehicles be declared as surplus and traded in on a 2010 Chevrolet Impala. The trade-
in value for both vehicles is $3,900. The remainder of the purchase ($17,000) will
come from drug forfeiture funds.
Is there a motion to approve the request as submitted?
I. Request Approval of Police Contract Effective July 1, 2010 to June 30, 2011
Presented for City Council’s consideration is a request to approve the Police contract
effective July 1, 2010 through June 30, 2011. The city has reached a tentative
agreement with the Chauffeurs, Teamsters, and Helpers Local #238 covering the
Police Bargaining Unit. As was recently outlined to City Council, this agreement
includes some language clarifications, an increase to $800 for the uniform allowance,
and a 2% across the board pay increase. The Police Bargaining Unit has ratified the
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agreement and it is staff’s recommendation it be approved.
Is there a motion to approve the request as submitted?
J. Request Approval of City Council 2010 Goals and Objectives
Presented for City Council’s consideration is a request to approve the City Council
2010 Goals and Objectives. In January of this year, City Council met to create their
goals and objectives for 2010. They are now being submitted for final consideration
and adoption by City Council.
Is there a motion to approve the request as submitted?
K. Request to Approve Contract with Gatso USA for the Automated Traffic
Enforcement Project
Presented for City Council’s consideration is a request to approve a contract with
Gatso USA for the Automated Traffic Enforcement Project. At its December 17, 2009
meeting, City Council took action to award this contract to Gatso USA. The contract
has been reviewed by both the city attorney and the city’s insurance carrier.
Following its approval, the next step will be a survey to gauge exactly how much of a
problem there is with vehicles ignoring traffic control devices and what intersections
would be the best target for cameras. There is no cost to the city for this survey. If the
survey indicates there is not a large problem in Muscatine, the contract may be
terminated at no cost to the city.
Is there a motion to approve the request as submitted?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – February 8 & 15, 2010
B. Historic Preservation Commission – January 26, 2010
C. Iowa Certified Local Government – 2009 Annual Report
D. Senior Resources – January 26, 2010
E. Board of Water, Electric, and Communications Trustees
F. MP&W Communications Utility – January 2010
G. MP&W Electric Utility – January 2010
H. MP&W Water Utility – January 2010
I. City of Muscatine Financial Reports – December 2009 and January 2010
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14.
APPROVAL OF BILLS
It is recommended bills totaling $909,664.13, as well as the receipt summary and journal
entries for October 2009, 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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