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    MUSCATINE CITY COUNCIL
      
     
    Osama Shihadeh
    At Large
     
    Dick O'Brien
    Mayor
     
    Jerry Lange
    At Large
     
    Anne Lesnet
    2
    nd
    Ward
     
     
     
    Phil Fitzgerald
    1
    st
    Ward
     
    Bill Trent
    5th Ward
     
     
    2005 MEETING SCHEDULE
     
     
    Jerry Root
    4th Ward
     
    Scott Day
    3
    rd
    Ward
     
     
    (All meetings start at 7:00 PM
    unless voted upon by Council.)
     
     
    Lorrie Fry
    City Clerk Aide
     
    Harvey Allbee, Jr.
    City Attorney
     
     
     
    Regular Meetings In­depth Meetings
     
     
    A.J. Johnson
    City Administrator
    January 6 & 20 July 7 & 21 January 13 July 14
    February 3 & 17 August 4 & 18 February 10 (None in August)
    March 3 & 17 September 1 & 15 March 10 September 8
    April 7 & 21 October 6 & 20 April 14 October 13
    May 5 & 19 November 3 & 17 May 12 November 10
    June 2 & 16 December 1 & 15 June 9 December 8
      
     
     
     
    AGENDA
     
    THURSDAY, MARCH 3, 2005, 7:00 P.M.
    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.
     
    Regular City Council Meeting – February 17, 2005
    B.
     
    Special City Council Meeting – February 16, 2005
     
    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

     
     
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    so requests, in which event the item will be removed from the Consent Agenda and considered in
    its normal sequence from the Agenda.
     
    * 9 – A­G
    * 13 – A­G
    * Bills*
     
    * Approval of attached Bills for Approval totaling $699,310.91 is subject to the approval of any
    related agenda item(s).
     
    8.
     
    PUBLIC HEARING
     
     
    A.
     
    Proposed Amendment of Fiscal Year 2004/2005 City Budget
     
    Previously the City Council took action to set a public hearing concerning the proposed
    amendment to the city’s budget for fiscal year 2004/2005. The proposed amendment takes
    into consideration changes in both revenues and expenditures for the current fiscal year that
    the city is operating in. The city reviewed the proposed amendments during its recent budget
    review session and will make another amendment toward the end of the fiscal year as well.
     
    Now is the time for the public to comment on the proposed amendment of the fiscal year
    2004/2005 city budget.
     
    B.
     
    Proposed City Budget for Fiscal Year 2005/2006
     
    Previously the City Council took action to establish a public hearing for the proposed city
    budget for the fiscal year July 1, 2005 through June 30, 2006. The proposed budget that was
    subject to extensive review by the City Council and public during the month of February
    reflects a 2.43% increase in the total tax levy rate that will reflect a tax revenue increase of
    6.4%. General Fund revenues are estimated at $13,902,997 compared with anticipated
    expenditures of $12,558,443. In addition, various enterprise activities will be adjusted to
    reflect increases in expenditures and revenues within those areas as well. In accordance with
    state statute, a public hearing must be held before final adoption of the operating fiscal year
    budget for the city which needs to be certified to the county no later than March 15 of this
    year.
     
    Now is the time for the public to comment on the proposed city budget for fiscal year
    2005/2006.
     
    C.
     
    Proposed Zoning Change
     
    Previously the City Council took action to establish a public hearing on a proposed zoning
    change within the City of Muscatine. The proposed zoning change involves the recently
    annexed 32.141 acres of real estate known as the “River’s Edge Industrial Park”. Prior to the
    voluntary annexation, the city, through a pre­annexation agreement, agreed to establish
    appropriate zoning that would mirror the current county zoning designation for this property

     
     
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    that will allow for light industrial activity. 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 rezoning within the City of
    Muscatine.
     
    D.
     
    Proposed Rehabilitation of Hershey Avenue and Mad Creek Pumping Stations
     
    Previously the City Council took action to establish a public hearing on the proposed
    improvements to the Hershey Avenue and Mad Creek pumping stations. Included in this
    work will be modifications to the Papoose Creek and Canon Avenue lift stations as well. The
    plans and specifications have been on file with the City Clerk’s office and are available after
    the fact as well. The City of Muscatine is working with Stanley Consultants on these
    improvements.
     
    Now is the time for the public to comment on the proposed rehabilitation of the Hershey
    Avenue and Mad Creek pumping stations.
     
    E.
     
    Proposed Sale of City Property
     
    Previously the City Council took action to establish a public hearing on the proposed sale of
    city property. The property in question is a city park known as Lincolnshire Village City
    Park consisting of approximately 1.65 acres located at the southeasterly corner of 2
    nd
    Avenue
    and Cleveland Street. The city has determined that it no longer has a use for this property and
    wishes to offer it up for sale. Prior to any formal action being taken by Council to offer said
    property for sale, a public hearing is required.
     
    Now is the time for the public to comment on the proposed sale of city property.
     
    9.
    PETITIONS AND COMMUNICATIONS
     
     
    A.
     
    Request for renewal of a Class C Liquor License and Sunday Sales Permit for Diamond
    Dave’s Taco Co., 2608 2
    nd
    Avenue – South of the Border Inc. (pending receipt of dram shop
    insurance)
     
    B.
     
    Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #437, 709
    Grandview Avenue – Kum & Go, LLC
     
    C.
     
    Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #438, 1010
    Park Avenue – Kum & Go, LLC
     
    D.
     
    Request for renewal of a Class C Beer and Sunday Sales Permit for Kum & Go #436, 501
    Cedar Street – Kum & Go, LLC
     
    E.
     
    Request for renewal of a Class C Beer and Sunday Sales Permit for Loos Station, 711 Park
    Avenue – Loos Inc.

     
     
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    F.
     
    Request for renewal of a Class C Beer and Sunday Sales Permit for Steamboat Landing,
    3509 Steamboat Way – Steamboat Landing, LLC
     
    G.
     
    Request for a new Class E Liquor License and Class B Wine Permit for DrugTown, 510 E.
    6
    th
    Street – Hy­Vee Inc.
     
    H.
     
    Request Approval to Use Soccer Facility for Rugby Match
     
    The City of Muscatine has received a request from the Muscatine Rugby Club to use fields at
    the Muscatine soccer facility for matches to be played on March 26, 2005 and during the
    weekend of April 16­17, 2005. The exact times and field dimensions have yet to be
    announced. The first request would be in association with a “practice game” in preparation
    for tournament play to be held April 16­17, 2005. It is the hope of the club that they will be
    allowed to play on the large premiere fields. There will be four teams with two games on
    each day. Each game will last approximately 90 minutes.
     
    At this time City Council could consider the request from the Muscatine Rugby Club for use
    of the soccer facilities for matches on March 26, 2005 and the weekend of April 16­17, 2005.
     
    I.
     
    Request Approval for Fireworks Display
     
    The city has received a request from the Legends Family Fun Center to conduct fireworks on
    Sunday, May 29, 2005. The display will be in conjunction with the Memorial Day
    celebration. A rain date of Monday, May 30, 2005, is being requested in the event of
    inclement weather.
     
    At this time City Council could take action to approve the request from the Legends Family
    Fun Center for the fireworks display to be held on Sunday, May 29, 2005, with a rain date of
    May 30, 2005.
     
    J.
     
    Request Authorization to Revoke Dance Permit
     
    Presented for City Council’s consideration is a request for the revocation of a dance permit
    for “Fiesta Inc.” that is doing business at 1919 Grandview Avenue in Muscatine. The city has
    received numerous noise complaints generating from this facility and the owners/operators
    have been cited for violation of the city’s current noise ordinance. City staff members have
    met with the owners/operators of the facility to explain the ordinance and the ramifications of
    continued violation of said ordinance. Given what appears to be the continued disregard for
    the city’s noise ordinance and for the “peace and quiet” of the surrounding neighborhoods, it
    is being recommended that the dance permit for Fiesta Inc. be revoked at this time.

     
     
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    At this time City Council could take action on staff’s request for the revocation of a dance
    permit for Fiesta Inc.
     
    10.
    FROM THE MAYOR
     
     
    A.
     
    Proclamation Declaring March as “Red Cross Month”
     
    The above proclamation has been submitted for City Council’s consideration and approval.
     
    11. FROM THE PLANNING AND ZONING COMMISSION
     
     
    12. FROM THE CITY ADMINISTRATOR
     
    A.
     
    First Reading of an Ordinance Amending the Zoning Ordinance of the City of Muscatine
     
    Presented for City Council’s consideration is the first reading of an ordinance amending the
    zoning ordinance of the City of Muscatine. Previously a public hearing was held to receive
    public comment on the proposed zoning change within the City of Muscatine. The proposed
    zoning change involves 32.141 acres of real estate recently annexed into the City of
    Muscatine. The current county zoning is I­1 (light industrial) and would be changed to the
    city’s zoning classification of M­1 (light industrial). The city’s Planning & Zoning
    Commission has reviewed and approved this request and this is a condition assigned to the
    property through a pre­annexation agreement between the City of Muscatine and Gary
    Karkosh, developer of the property.
     
    At this time City Council could take action on the first reading of an ordinance amending the
    zoning ordinance of the City of Muscatine.
     
    B.
     
    Resolution Approving the Amendment of the Fiscal Year 2004/2005 City Budget
     
    Presented for City Council’s consideration is a resolution approving the amendment to the
    fiscal year 2004/2005 city budget. Previously a public hearing was held to receive public
    comment on the proposed changes for the fiscal year 2004/2005 city budget. The City
    Council reviewed proposed amendments to the current fiscal year budget during their
    February budget review sessions. The Council will also have an opportunity at the end of the
    fiscal year to make final amendments to the current fiscal year budget.
     
    At this time City Council could take action by resolution amending the fiscal year 2004/2005
    city budget.
     
    C.
     
    Resolution Approving the City Budget for Fiscal Year 2005/2006
     
    Presented for City Council’s consideration is a resolution approving the city budget for fiscal
    year 2005/2006. Previously a public hearing was held to receive public comment on the
    proposed fiscal year budget beginning July 1, 2005 and ending June 30, 2006. The proposed

     
     
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    budget was reviewed extensively by staff and City Council during the month of February and
    at this time is being presented for formal adoption. The budget reflects a tax levy increase of
    2.43%. In accordance with State Code, the budget must be subject to a public hearing and
    final adoption by the governing body no later than March 15 of each year.
     
    At this time City Council could take action by resolution approving the annual city budget
    for the fiscal year ending June 30, 2006.
     
    D.
     
    Resolution Approving the Plans, Specifications, Form of Contract and Setting the Bid
    Opening Date for the Rehabilitation of the Hershey Avenue and Mad Creek Pumping
    Stations
     
    Presented for City Council’s consideration is a resolution approving the plans, specifications,
    form of contract and setting the bid opening date for the rehabilitation of the Hershey
    Avenue and Mad Creek sanitary pump stations. Previously a public hearing was held to
    receive public comment on the proposed improvement project. Included in the scope of work
    will be rehabilitation work within the Papoose Creek and Canon Avenue lift stations as well.
    The project scope and bid specifications are on file in the City Clerk’s office and available
    for public view.
     
    At this time City Council could take action by resolution approving the plans, specifications,
    form of contract and setting the bid opening date for the rehabilitation of the Mad Creek and
    Hershey Avenue sanitary pumping stations for Thursday, April 12, 2005, at 10:00 a.m.
     
    E.
     
    Request Approval of Change Order #3 for the Riverfront Pearl Project
     
    Presented for City Council’s consideration is a request to approve Change Order #3 for the
    Riverfront Pearl Project. This change order results in an increase of $17,159.88 in the
    contract. Change Order #3 consists of several items that include two items which required
    the change order to be increased by $17,159.88. The largest single cost contained with the
    change order is a concrete sidewalk at the Riverview Center in the amount of $10,295.
    Incorporating Change Order #3, the project is still below the estimated total project cost by
    approximately $100,000.
     
    At this time City Council could take action to approve Change Order # for the Riverfront
    Pearl Project in the amount of $17,159.88.
     
    F.
     
    Request Approval of Landscaping Bid for the Municipal Airport
     
    Presented for City Council’s consideration is a request to approve the landscaping bid for the
    municipal airport. As part of the overall municipal airport improvements, separate proposals
    for landscaping were received by the City of Muscatine. In total four vendors submitted five
    proposals for consideration by staff. After a review of the proposals submitted, it is
    recommended the proposal from Kellor & Kellor Landscaping of Muscatine be approved.
    This proposal has been reviewed and endorsed by the Airport Advisory Commission as well.
    The proposal submitted by Kellor & Kellor would be in an amount not to exceed $30,000.

     
     
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    Included would be the appropriate trees, shrubs, landscaping, and an irrigation system. The
    landscaping plan also includes the placement of three flagpoles and will incorporate the
    recently approved airport sign.
     
    At this time City Council could take action to approve the landscaping plan submitted by
    Kellor & Kellor for the municipal airport in an amount not to exceed $30,000.
     
    G.
     
    Request Authorization to Submit Grant Application to the Carver Trust
     
    Presented for City Council’s consideration is a request for authorization to submit a grant
    application to the Carver Trust. The grant application in the amount of $100,000 will be
    submitted to the Carver Trust for consideration for funding the second phase of the Pearl of
    the Mississippi Project. The second phase will include work to be done between the
    Riverview Center and the current boat ramps. It will include landscaping as well as an
    interactive water feature. The estimated cost of the project is approximately $1 million and it
    is hoped that $800,000 will be raised from non­city sources with a commitment of $200,000
    from the city being necessary to move the project forward.
     
    At this time City Council could take action to authorize the submission of a grant application
    to the Carver Trust for the second phase of the Pearl of the Mississippi Project.
     
    H.
     
    Request Authorization to Purchase Garbage Truck
     
    Presented for City Council’s consideration is a request for authorization to purchase a
    garbage truck. Included in this fiscal year budget are monies to replace a refuse collection
    truck. Bids were received on February 16, 2005 and were opened for a truck chassis and
    collection bodies. Eleven truck chassis vendors were solicited with only one bid being
    received from Truck Country for a Sterling L 8500 truck chassis for $64,090. Three bids
    were received from packer body vendors with the low bid being that of Elliott Equipment
    Company in the amount of $25,277. The total purchase price for the vehicle will be $89,367.
     
    At this time City Council could take action to authorize the purchase of a truck chassis from
    Truck Country in the amount of $64,090 and for a packer body from Elliott Equipment in the
    amount of $25,277.

     
     
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    I.
     
    Request Approval of Airport Plan for Artwork
     
    Presented for City Council’s consideration is a request to purchase artwork for the municipal
    airport project. City staff has solicited information and selection of artwork for the decorating
    of the municipal airport. Pieces were selected by representatives of the River’s Edge Gallery
    and by Art Center Director Barb Longtin on behalf of the City of Muscatine. A total of 22
    pieces will be placed at the airport terminal and is priced at $3,876. A narrative of those
    pieces has been included in Council’s packet for consideration. This matter has been
    reviewed and approved by the Airport Advisory Commission.
     
    At this time City Council could take action to authorize the purchase of artwork for the
    municipal airport in the amount of $3,876.
     
    J.
     
    Request Authorization to Sell City Property
     
    Presented for City Council’s consideration is a request for authorization to sell city property.
    Previously a public hearing was held on the proposed sale of city property involving the site
    known as the Lincolnshire Village City Park. The property encompasses approximately 1.65
    acres of land located at the southeasterly corner of 2
    nd
    Avenue and Cleveland Street within
    the City of Muscatine.
     
    At this time City Council could take action to approve the authorization to sell city property.
     
    K.
     
    Request Approval to Enter Into Contract for Consulting Services
     
    At the request of City Council, city staff has secured a quote to assist the city in evaluating
    departmental tasks including work flow analysis, managerial skill sets, and developing a
    more cohesive office atmosphere. Triumph Consulting has worked with the city on numerous
    projects and has significant background and expertise in financial and other work related task
    analyses. Following their analysis, a report and recommendation will be presented to the City
    Council for their consideration and approval.
     
    At this time City Council could take action to approve the request for consulting services
    with Triumph Consulting in an amount not to exceed $8,000.
     
    13.
     
    COMMUNICATIONS ­ RECEIVE AND FILE
     
     
    A.
     
    Muscatine County Board of Supervisors – February 7 & 14, 2005
    B.
     
    Muscatine School Board – February 7 & 14, 2005
    C.
     
    Senior Resources – January 25, 2005
    D.
     
    Zoning Board of Adjustment – January 4, 2005
    E.
     
    Board of Water, Electric, and Communications Trustees – January 25, 2005
    F.
     
    Library Board of Trustees – January 19, 2005
    G.
     
    City of Muscatine Financial Reports – January 2005
     

     
     
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    14. APPROVAL OF BILLS
     
    It is recommended bills totaling $699,310.91 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
     
    A.
     
    Request approval to go into Closed Session to discuss pending litigation
     
    17. ADJOURNMENT
     

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