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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, MAY 6, 2010
COUNCIL CHAMBERS - CITY HALL
1 .
CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4.
PLEDGE OF ALLEGIANCE
5.
COMMUNICATIONS – CITIZENS
A. Public Appeal of Nuisance Abatement Concerning Property Located at 517-519 Walnut
Street (New Covenant Full Gospel Baptist Church)
6.
MINUTES - APPROVAL
A. City Council Meeting – April 15, 2010
B. Joint City/County Meeting – April 22, 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-E
*
13 – A-G
* Bills*
* Approval of attached Bills for Approval totaling $1,734,139.10, as well as receipt
summaries and journal entries for November and December 2009 and January 2010, is
subject to the approval of any related agenda item(s).
8.
PUBLIC HEARING
9.
PETITIONS AND COMMUNICATIONS
A. Second reading on a new Class C Beer and Sunday Sales Permit for Highway 61
Fuels, 3103 Highway 61 North – Highway 61 Fuels LLC (pending inspections)
B. First reading on a new Class C Liquor License with Sunday Sales for Tropicana NC,
1919 Grandview Avenue – Roberto Avala (pending inspections)
C. Request for a new Class BW Beer/Wine with Sunday Sales for Happy Joe’s Pizza,
203 Lake Park Blvd. – Max Brewer Corp.
D. Request for renewal of a Class E Liquor License with Sunday Sales Permit for Wal-
Mart Supercenter #559, 3003 N. Highway 61 – Wal-Mart Stores Inc.
E. Request for renewal of a Class C Liquor License with Sunday Sales and Outdoor
Service for Mike’s Hilltop Tap, 929 Lucas Street – Mike’s Hilltop Inc.
F. Request Approval for Use of City Property for St. Mary’s/St. Mathias Religious
Procession
Presented for City Council’s consideration is a request from the St. Mary’s/St.
Mathias Parish to hold a religious procession. The procession, which will take place
on June 6, 2010 from 11:30 a.m. to 12:30 p.m., will travel down 8
th
Street to Iowa
Avenue travel up 5
th
Street to Pine Street and end back on 8
th
Street. The event is
expected to have approximately 400 participants.
Is there a motion to approve the request as submitted?
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G. Request Approval for Use of City Property for 4
th
of July Activities
Presented for City Council’s consideration is a request from the Greater Muscatine
Chamber of Commerce and Industry for the use of city property for the annual 4
th
of
July fireworks and parade. The fireworks celebration will begin at dusk on Sunday,
July 4, 2010. The parade will take place earlier that day. Staging will begin at 3 p.m.
at Fulliam and Iowa with a 5 p.m. start time. It will follow Iowa Avenue to 2
nd
Street,
travel up Walnut to 5
th
Street, ending in front of the Public Safety Building.
Is there a motion to approve the request as submitted?
H. Update on Recent Police Activities
10.
FROM THE MAYOR
A. Proclamation Declaring May 17-21, 2010 as “Bike to Work Week”
B. Proclamation Declaring May 28-29, 2010 as “Poppy Days”
C. Proclamation Declaring May 9-15, 2010 as “Peace Officers’ Memorial Week” and
May 12, 2010 as “Peace Officers’ Memorial Day”
D. Proclamation Declaring May 9-15, 2010 as “National Nursing Home Week”
Is there a motion to adopt the proclamations as submitted?
11.
FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat of the Muscatine Mall Second Addition in the
City of Muscatine
Presented for City Council’s consideration is a resolution approving the final plat for
the Muscatine Mall Second Addition in the City of Muscatine. City staff has been
working with representatives of the Muscatine Mall, owners of 29.43 acres of real
estate located at 1903 Park Avenue, to create a single-lot 5.484 acre subdivision for
residential development. If approved, the owner’s intend to develop a mixture of
townhouses and apartments on this lot. The Planning and Zoning Commission is
recommending the approval of the final plat.
Is there a motion to adopt the resolution as submitted?
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12.
FROM THE CITY ADMINISTRATOR
A. Resolution Awarding the Sale of General Obligation Corporate Purpose Bonds
Presented for City Council’s consideration is a resolution awarding the sale of
General Obligation Corporate Purpose Bonds. This bond issue will provide funding
for $1,535,000 of Downtown TIF area improvements with the remaining $5,890,000
of the bond proceeds used for various street, parks, public building, airport, and trail
projects. The city’s financial advisor will be reviewing the bids received and making
a recommendation for the award of this issue.
Is there a motion to adopt the resolution as submitted?
B. First Reading of an Ordinance Amending Title 3 Public Way and Property Chapter 9
Street Obstruction
Presented for City Council’s consideration is the first reading of an ordinance
amending Title 3 Public Way and Property Chapter 9 Street Obstruction. At the April
8, 2010 In-Depth meeting this matter was reviewed with City Council. The proposed
ordinance amendment will address snow removal and its placement on city streets
and public right-of-ways. The Police Department will enforce the ordinance assisted
by Public Works staff who will identify the offenders.
Is there a motion to approve the first reading of the ordinance as submitted?
C. First Reading of an Ordinance Amending Title 7 Police Regulations Chapter 18 Snow
Emergency Regulations
Presented for City Council’s consideration is the first reading of an ordinance
amending Title 7 Police Regulations Chapter 18 Snow Emergency Regulations. The
proposed ordinance amendment will designate staff members who will work with the
Police Department in enforcement of the ordinance.
Is there a motion to approve the first reading of the ordinance as submitted?
D. Resolution Setting a Public Hearing on a Development Agreement with Heinz
Company, Including Tax Increment Payments in an Amount Not to Exceed $375,000
Presented for City Council’s consideration is a resolution setting a public hearing on
a development agreement with Heinz Company, including tax increment payments in
an amount not to exceed $375,000. In January 2010 City Council adopted an Urban
Renewal Plan for the 2010 Industrial Urban Renewal Area to facilitate the use of tax
increment financing incentives in support of the improvements that are being made at
the Heinz facility. Prior to approval of the development agreement, a public hearing
is required. The public hearing has been set for Thursday, May 20, 2010, at 7 p.m.
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Is there a motion to adopt the resolution as submitted?
E. Resolution Accepting Low Bid for a Snow Removal Tractor for the Municipal
Airport
Presented for City Council’s consideration is a resolution accepting the low bid for a
snow removal tractor for the municipal airport. Bids were solicited for this purchase
with the only bid from Elder Implement Company in the amount of $122,727.68. The
cost estimate for this purchase, which includes acquisition, engineering, and bid
preparation, was $136,250. The purchase is 95% federally funded with a 5% local
share.
Is there a motion to adopt the resolution as submitted?
F. Resolution Setting Public Hearing on the Plans, Specifications, Form of Contract,
Cost Estimate and Setting Bid Opening Date for the Hangar Access Road at the
Airport
Presented for City Council’s consideration is a resolution setting a public hearing on
the plans, specifications, form of contract, cost estimate and setting the bid opening
date for the hangar access road at the airport. On July 14, 2009, the city was awarded
funding by the Iowa Department of Transportation’s Division Aviation for the
construction of a hangar access road at the airport. The construction of this access
road will allow access to HNI Hangar #2, provide road access for future hangar
development, and serve the area intended for the construction of an armory facility on
the southeast corner of the airport property. The project estimate of $98,528 will be
cost shared at 85% state funding and 15% local funding.
Is there a motion to adopt the resolution as submitted?
G. Resolution Releasing a Real Estate Mortgage Under the 2003 CDBG Owner-
Occupied Residential Rehabilitation Program
Presented for City Council’s consideration is a resolution releasing a real estate
mortgage under the 2003 CDBG Owner-Occupied Residential Rehabilitation
Program for property located at 615 E. 8
th
Street. The property owner received the
maximum $24,999 funding assistance through a five-year forgivable loan with the
entire debt now forgiven. This is the fifth of 11 mortgages that eventually are
expected to be released under the 2003 program.
Is there a motion to adopt the resolution as submitted?
H. Resolution Setting a Public Hearing on the Clay Street Bridge Rehabilitation Project
Presented for City Council’s consideration is a resolution setting a public hearing on
the Clay Street Bridge Rehabilitation Project. During the Clay Street Reconstruction
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Project that took place in 2009, it was found the concrete deck was severely
deteriorated. Clay Street is a truck route and carries other heavy traffic including city
maintenance vehicles; therefore, immediate repair is warranted to serve businesses
who utilize the street. Prior to moving forward on this project, a public hearing is
required. The public hearing has been set for Thursday, May 20, 2010, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
I. Resolution Setting a Public Hearing on the 2010 Curb and Gutter and Street
Maintenance Program
Presented for City Council’s consideration is a resolution setting a public hearing on
the 2010 Curb and Gutter and Street Maintenance Program. This year’s project will
focus on full-depth patching of Lowe Street from Bridgeman to Longhurst Street and
Longhurst Lane from Lowe Street to the cul-de-sac. There will be some curb repair
on these streets as well on Newell Avenue. This work must be done prior to the
asphalt overlay work. Prior to moving forward on this project, a public hearing is
required. This public hearing will be held on Thursday, May 20, 2010, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
J. Resolution Amending and Approving the Official Pay Plan for Non-Union
Employees Effective May 10, 2010
Presented for City Council’s consideration is a resolution amending and approving
the official pay plan for non-union employees effective May 10, 2010. This action
will add the Assistant WPCP Director/Environmental Coordinator position to the
non-union pay plan. This position was approved by City Council during its budget
review sessions.
Is there a motion to adopt the resolution as submitted?
K. Resolution Supporting a Local Housing Trust Fund for Muscatine County
Presented for City Council’s consideration s a resolution supporting a Local Housing
Trust Fund (LHTF) for Muscatine County. The Iowa Finance Authority awards
grants to approved LHTFs throughout the State of Iowa. During the past year, the
Housing Department, Muscatine County Community Service Program, MCSA and
United Way have been involved in a planning process that could allow a LHTF to be
established for residents in Muscatine County. If established, the mission of LHTF
would be to provide resources to sustain and expand affordable housing opportunities
for low-income families of Muscatine County. It is staff’s recommendation City
Council support the development of a LHTF for Muscatine County in the form of a
partnership with the Scott County Housing Council LHTF.
Is there a motion to adopt the resolution as submitted?
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L. Resolution Setting a Public Hearing on Amendment #2 to the 2009/2010 City Budget
Presented for City Council’s consideration is a resolution setting a public hearing on
Amendment #2 to the 2009/2010 city budget. Each year the city takes two separate
actions to amend the current fiscal year budget. The first amendment to the
2009/2010 budget took place on March 11, 2010 and amended the budget to the
revised estimate level established during the budget review sessions. 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. The public hearing will be held on
Thursday, May 20, 2010, at 7 p.m.
Is there a motion to adopt the resolution as submitted?
M. Request to Approve the Amended City of Muscatine Snow and Ice Control Policy
Presented for City Council’s consideration is a request to approve the amended City
of Muscatine Snow and Ice Control Policy. This policy was adopted more than 25
years ago to set a standard of addressing snow and ice related storms. The city’s
methodology has been altered when addressing snow and ice control. Tonight’s
action would amend the policy to reflect current operations.
Is there a motion to approve the request as submitted?
N. Request to Approve 28E Agreement with the City of Fruitland for Refuse Collection
Services
Presented for City Council’s consideration is a request to approve the 28E agreement
with the City of Fruitland for refuse collection services. In June 2009 the city entered
into an agreement with the City of Fruitland to provide refuse and recycling
collection services. That contract expires on June 30, 2010, and the City of Fruitland
is requesting approval of another contract beginning July 1, 2010 and ending June 30,
2011.
Is there a motion to approve the request as submitted?
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O. Request to Approve Height Exception from U.S. Cellular for a Cell Tower on the
Muscatine Community Y Property
Presented for City Council’s consideration is a request to approve a height exception
from U.S. Cellular for a cell tower on the Muscatine Community Y property located
at 1823 Logan Street. The city has received a request from U.S. Cellular to allow the
construction of a 120’ monopole communications tower at this location. This request
has been reviewed by the Site Plan Review Committee and now requires approval by
City Council. It is staff’s recommendation this request be approved.
Is there a motion to approve the request as submitted?
13.
COMMUNICATIONS - RECEIVE AND FILE
A. Muscatine County Board of Supervisors – April 5, 12 & 19, 2010
B. Senior Resources – March 23, 2010
C. Board of Water, Electric, and Communications Trustees – March 30, 2010
D. MP&W Communications Utility – March 2010
E. MP&W Electric Utility – March 2010
F. MP&W Water Utility – March 2010
14.
APPROVAL OF BILLS
It is recommended bills totaling $1,734,139.10, as well as receipt summaries and journal
entries for November and December 2009 and January 2010, 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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