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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, APRIL 7, 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 – March 17, 2005
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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
* 13 – AK
* Bills*
* Approval of attached Bills for Approval totaling $1,514,907.37 is subject to the approval of
any related agenda item(s).
8.
PUBLIC HEARING
A.
Proposed Rezoning of City Property
Previously the City Council took action to establish a public hearing for the proposed
rezoning of city property. The property commonly known as “Lincolnshire Village City
Park”, located at the southeasterly corner of 2
nd
Avenue and Cleveland Street, has been
deemed by the City Council to be of no further benefit as a city park. The property has been
declared surplus and City Council has approved of its disposal. As part of the disposal
process, Council also wishes to rezone the property from its current RL (large scale
residential) designation to a C3 (commercial) designation. The city’s Planning & Zoning
Commission has reviewed and approved this zoning change as well. Prior to any formal
action being taken on this rezoning request, a public hearing is required.
Now is the time for the public to comment on the proposed rezoning of city property known
as “Lincolnshire Village City Park” from RL (large scale residential) to C3 (commercial).
9.
PETITIONS AND COMMUNICATIONS
A.
Request for renewal of a Class E Liquor License and Sunday Sales Permit for HyVee Food
Store, 2400 2
nd
Avenue – HyVee Inc. (pending inspections)
B.
Request to Approve Revocation of Dance Permit
Presented for City Council’s consideration is an opportunity to review the possible
revocation of a dance permit for the “Fiesta Inc.” located at 1919 Grandview Avenue. The
City Council has previously reviewed the issue associated with the original request for
revocation of the dance permit with the subsequent revocation and reinstitution of the permit.
At this time the outstanding citations against the owner of the facility have been adjudicated
and this matter is once again before City Council for consideration and action.
At this time City Council could take action to consider the revocation of the dance permit for
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the “Fiesta Inc.” located at 1919 Grandview Avenue.
C.
Request Approval to Move House
Presented for City Council’s consideration is a request to relocate an existing home from 511
E. 11
th
Street to a vacant lot of record at 717 E. 11
th
Street or a distance of approximately 2 ½
blocks. If approved, the owners will have to provide the city with a minimum 48 hour notice
of the move of the home as well as make arrangements with the appropriate utility
companies, etc. All costs associated with the move of the home will be the responsibility of
the owners.
At this time City Council could take action to approve the request to move an existing home
from 511 E. 11
th
Street to 717 E. 11
th
Street.
D.
Request to Improve City Property
Presented for City Council’s consideration is a request to improve city property. In
conjunction with the current renovation project at the Welch Apartments, the Signature
Holding Company has requested that the city approve the following public improvements to
support and enhance their renovation activities. The first is to allow for the placement of
planters separating the public parking lot and the Welch courtyard, replacing a parking space
along Iowa Avenue with a concrete planter, and replacing a no parking zone along 3
rd
Street
with a concrete planter. In addition, there is an additional request for the replacement of
existing light poles and lights along Iowa Avenue and 3
rd
Street and finally for the removal
of a section of the existing sidewalk along Iowa Avenue to be replaced with the same
engineering sidewalk to match the original treatment.
At this time City Council could take action to approve the request from Signature Holding to
make public improvements associated with the Welch Apartments Renovation Project.
E.
Request Approval to Use City Property for Farmer’s Market
Presented for City Council’s consideration is a request for the use of the riverfront city
parking lot for a Tuesday Farmer’s Market. The event would utilize the parking lot between
Iowa Avenue and the Pearl City Station. The dates would be from May 31, 2005 through the
end of September on every Tuesday from 3 to 6 p.m.
At this time City Council could take action on a request from the Greater Downtown
Muscatine Association to allow for a Tuesday Farmer’s Market between May 31, 2005
through the end of September on city property.
10.
FROM THE MAYOR
11. FROM THE PLANNING AND ZONING COMMISSION
12. FROM THE CITY ADMINISTRATOR
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A.
Final Reading of an Ordinance Amending the Zoning Ordinance of the City of Muscatine
Presented for City Council’s consideration is the final reading of an ordinance amending the
zoning ordinance of the City of Muscatine. As part of a recent voluntary annexation project,
the city has agreed to rezone 32.14 acres of real estate from the county’s I1 (light industry)
to the city’s M1 (light industrial). The property, owned by Gary Karkosh, is intended to be
developed as a business condominium park.
At this time City Council could take action on the third and final reading of an ordinance
amending the zoning ordinance of the City of Muscatine and to direct for its publication in
the Muscatine Journal
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B.
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 rezoning of the city property known as the “Lincolnshire
Village City Park” from RL (large scale residential) to C3 (commercial).
At this time City Council could take action on the first reading of an ordinance amending the
zoning ordinance of the City of Muscatine.
C.
Resolution Setting the Time and Place of a Public Hearing on the Vacation of a Utility
Easement in the North Park Addition
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing on the vacation of a utility easement in the North Park Addition. Clark
Johnson, owner of Lots 11 and 12 of this subdivision, has requested that the existing utility
easement located between these two lots be vacated for development purposes. The request
has been reviewed and approved by all affected utilities. Prior to any formal action by City
Council, a public hearing is required.
At this time City Council could take action by resolution setting the time and place of a
public hearing on the vacation of a utility easement in the North Park Subdivision for
Thursday, April 21, 2005, at 7 p.m.
D.
Resolution Accepting Northland II Sanitary Sewer
Presented for City Council’s consideration is a resolution accepting the Northland II Sanitary
Sewer. The public sanitary sewer improvements associated with the Northland II sanitary
sewer extension had been installed according to the submitted plans and specifications and
have been recommended for acceptance by the city’s engineering department. The sewer
consists of 1,050’ of 8” truss pipe located on the east side of University Drive between Ford
Avenue extended and Oak Grove Drive.
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At this time City Council could take action by resolution accepting the sanitary sewer
extension for Northland Development in the City of Muscatine.
E.
Resolution Approving the Sale of W. 3
rd
Street Properties
Presented for City Council’s consideration is a resolution approving the sale of the W. 3
rd
Street properties. The city accepted bids until 5 p.m. on March 18, 2005 for the properties
located at 124 and 126 W. 3
rd
Street. One bid was received in the amount of $25,100 from
the nonprofit corporation Muscatine – Beyond 2000. In accordance with our agreement with
the Department of Housing and Urban Development, that agency must now concur with the
recommendation for sale. Representatives of HUD have been contacted and the city is
currently awaiting their recommendation on this sale. In advance of receiving formal
notification from HUD on this matter, City Council could consider approval of this sale that
would be subject to final authorization from HUD.
At this time City Council could take action by resolution approving the sale of the properties
located at 124 and 126 W. 3
rd
Street to Muscatine – Beyond 2000 (pending final
authorization by HUD) for $25,100.
F.
Resolution Approving the Executed Deed for the W. 3
rd
Street Properties
Presented for City Council’s consideration is a resolution approving the executed deed for
the W. 3
rd
Street properties. Previously the City Council took action to authorize the sale of
124 and 126 W. 3
rd
Street in the amount of $25,100 to the nonprofit organization Muscatine
– Beyond 2000. In conjunction with that action, the Department of Housing and Urban
Development is required to approve the sale of the property and this action is pending that
approval. In conjunction with that sale, it is also necessary that City Council take action to
approve an executed deed. Approval of the executed deed would also be subject to final
approval from HUD.
At this time City Council could take action by resolution approving the executed deed for the
W. 3
rd
Street properties pending final authorization for the sale of the properties from the
Department of Housing and Urban Development.
G.
Resolution Accepting Low Bid for Housing Rehabilitation Program
Presented for City Council’s consideration is a resolution accepting the low bid for the
housing rehabilitation program. Bids on a single CDBG housing rehabilitation project
located at 918 E. 7
th
Street are scheduled to be open on April 5, 2005. Following the opening
and evaluation of the bids, the presentation will be made to City Council.
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H.
Resolution Approving the Sale of Cemetery Property
Presented for City Council’s consideration is a resolution authorizing the sale of city real
estate to Allan and Jeanette Phillips. Recently the City Council declared city property (1829
Lucas Street) as surplus and offered it for public sale. The city received nine bids for the
property with the highest bid being that of Allan Phillips in the amount of $21,110. The City
Council had previously taken action to declare the property as surplus.
At this time City Council could take action by resolution authorizing the sale of city property
to Allan and Jeanette Phillips in the amount of $21,100.
I.
Resolution Approving an Executed Deed for Sale of Cemetery Property
Presented for City Council’s consideration is a resolution approving an executed deed for the
sale of the cemetery property. Previously the City Council took action to authorize the sale of
city property (1829 Lucas Street) to Allan and Jeanette Phillips in the amount of $21,110. At
this time it would be appropriate for Council to approve the executed deed for this sale.
At this time City Council could take action by resolution approving an executed deed for the
sale of city property to Allan and Jeanette Phillips.
J.
Resolution Setting Time and Place of a Public Hearing Authorizing Submission of Public
Housing Agency Plan to the Department of Housing and Urban Development
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing for the Public Housing Agency Plan. Periodically the city’s housing
operations are required to update the Public Housing Agency Plan that affects public housing
activities within the City of Muscatine. Opinions and information are gathered from residents
and resident councils, city staff, and other affected individuals. In addition, a public hearing
is established to receive other public comments on the Plan itself. The Plan is required for the
city to continue receiving federal dollars for housing assistance.
At this time City Council could take action by resolution establishing a public hearing for the
Public Housing Agency Plan review for Thursday, April 14, 2005, at 7 p.m.
K.
Resolution Setting the Time and Place of a Public Hearing Concerning a Complaint Against
a Cigarette Permit Holder
Presented for City Council’s consideration is a resolution setting the time and place of a
public hearing concerning a complaint against a cigarette permit holder. Periodically the city,
through the Police Department, conducts cigarette sales information activities that monitor
local establishments to ensure they sell cigarette and tobacco products only to those of legal
age. On or about February 10, 2005, the operators of DrugTown violated Iowa Code by
allegedly selling cigarettes to minors. In accordance with city and state statutes, a public
hearing can be set concerning the complaint against the cigarette permit holder for violation
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of Iowa Code and to seek an imposition of a civil penalty.
At this time City Council could take action by resolution setting a public hearing concerning
a complaint against a cigarette permit holder for violation of Iowa Code Chapter 453A and
seeking the imposition of a civil penalty for Thursday, April 21, 2005, at 7 p.m.
L.
Request to Approve Change Order #4 for the Riverfront Pearl Project
Presented for City Council’s consideration is a request to approve Change Order #4 for the
Riverfront Pearl Project. Previously staff reviewed with City Council the request for
approval of a change order to incorporate additional work as part of the Pearl of the
Mississippi Project associated with the Riverview Center restoration. All the particular
details have been reviewed and are being submitted for City Council’s consideration which
takes the total project cost not to exceed $29,500.
At this time City Council could take action to approve Change Order #4 for the Riverfront
Pearl Project in an amount not to exceed $29,500.
M.
Request to Approve Nuisance Abatement Contract Agreement
Presented for City Council’s consideration is a request to approve a nuisance abatement
contract agreement. In 2003 the City Council approved an agreement with Kellor & Kellor
Landscaping Inc. to perform nuisance abatement activities as directed by the city. Within the
agreement was a clause that allowed for an additional two year extension upon successful
completion of the first two year time period. This has been a successful relationship. They
have requested a 10% adjustment in the amount they charge for the use of their equipment
due to the increase in fuel costs. The labor costs will remain the same. Over a four year
period this represents a 2 ½% increase for each year for the contract.
At this time City Council could take action to approve the nuisance abatement contract
agreement between the City of Muscatine and Kellor & Kellor Landscaping Inc. including a
10% adjustment for the amount charged for the use of equipment.
N.
Request Approval of Traffic Items
Presented for City Council’s consideration is a request to approve traffic items. The
following items have been submitted for City Council’s consideration and approval:
1.
Stop sign at the intersection of Oak Valley Drive and University Drive
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The city is in the process of installing street signs and markers in this area, and we
have been requested to place a stop sign on Oak Valley Drive at the University
Avenue intersection. This is a “T” intersection that accesses a very busy arterial street
(University Avenue) that has a speed limit of 45 miles per hour. The Traffic
Committee has reviewed and concurs with this request.
2.
No parking between signs at McKinley School.
This request is for signs to indicate no parking between signs on the street side of the
island in front of McKinley School. The Traffic Committee has reviewed this request
and agrees that the signs are needed.
At this time City Council could take action to approve the request for a stop sign at the
intersection of Oak Valley Drive and University Drive as well as the installation of no parking
between signs at McKinley School
13.
COMMUNICATIONS RECEIVE AND FILE
A.
Muscatine County Board of Supervisors – March 7, 14 & 21, 2005
B.
Muscatine School District – March 7, 14 & 28, 2005
C.
Library Board of Trustees – February 23, 2005
D.
Art Center Board of Trustees – February 17, 2005
E.
Airport Advisory Commission – February 28, 2005
F.
Historic Preservation Commission – March 1, 2005
G.
NFPA Fire Survey – January 2005
H.
MP&W Operating Statements – February 2005 – Electric Utility
I.
MP&W Operating Statements – February 2005 – Water Utility
J.
MP&W Operating Statements – January 2005 – Communications Utility
K.
City of Muscatine Financial Statements – February 2005
14. APPROVAL OF BILLS
It is recommended bills totaling $1,514,907.37 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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