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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
1st Ward
Bill Trent
5th Ward
2004 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 8 & 22 July 1 & 15 January 15 July 8
February 5 & 19 August 5 & 19 February 12 (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, JUNE 17, 2004, 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 – June 3, 2004
B. InDepth City Council Meeting – June 10, 2004
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.
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* 9 – AD
* 13 – AD
* Bills*
*Approval of attached Bills for Approval totaling $1,905,378.37 is subject to the
approval of any related agenda item(s).
8. PUBLIC HEARING
A. Proposed Submission of Application for State and Federal Transit Funding
Previously the City Council took action to establish a public hearing to receive
public comment on the submission of an application for state and federal transit
funding. In order to receive state and federal assistance for operational and
capital needs for the city’s transit system, a public hearing is required prior to the
formal application being made. For fiscal year 2004/2005, the city is eligible to
receive $144,720 from the state transit assistance program, $107,274 from
federal funds, and $122,000 from the statewide federal capital assistance
program.
Now is the time for the public to comment on the proposed submission of the
application for state and federal transit funding assistance for fiscal year
2004/2005.
B. Proposed 2004 CBD Streetscape Improvement Project
Previously the City Council took action to establish a public hearing on the 2004
CBD Streetscape Improvement Project. Included in the fiscal year 2004/2005
budget is $75,000 to continue the 2
nd
Street streetscaping program. In
partnership with Muscatine Power & Water, the city has completed two phases of
streetscaping activity at this time. Phase III of the project would be to undertake
sidewalk, curb, gutter and storm sewer inlet work from the intersection of Cedar
Street and Iowa Avenue, working in a northeasterly direction to Mulberry Avenue.
The estimated cost of the project totals $113,230.93. Prior to any formal action
on this project, a public hearing is required.
Now is the time for the public to comment on the proposed 2004 CBD
Streetscape Improvement Project.
C. Proposed Annexation of Pine Ridge Acres Addition to the City of Muscatine
Previously the City Council took action to establish a public hearing on the
proposed annexation of the Pine Ridge Acres Addition to the City of Muscatine.
The addition which is under development by Gary Karkosh encompasses 9.8
acres of land and, when fully developed, will add an additional 10 new lots to the
subdivision and to the city. Mr. Karkosh has indicated a willingness to be
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voluntarily annexed. In return the city must provide sanitary sewer to the
subdivision as required by the state development board for such annexation
activities. Prior to any formal action by City Council on the proposed annexation,
a public hearing is required.
Now is the time for the public to comment on the proposed annexation of the
Pine Ridge Acres Addition to the City of Muscatine.
D. Proposed Outline Development Plan and Rezoning of Pine Ridge Acres Addition
Previously the City Council took action to establish a public hearing outlining the
development plan and rezoning of the Pine Ridge Acres Addition. In conjunction
with the voluntary annexation of this subdivision, the city is also working to
finalize the development plan and rezoning opportunities for this addition. It is
proposed that the subdivision once brought into the city would have a large scale
residential zoning (RL). This zoning classification would be consistent with the
city’s comprehensive plan and with surrounding properties and their zoning
designation. If approved, the Pine Ridge Acres Addition would encompass 9.8
acres of land with 10 new residential lots and one existing residential lot that also
serves as a bed and breakfast outlet. The RL designation would also allow for
the existing bed and breakfast to maintain its operational status. Prior to any
formal action being taken by Council, a public hearing is required.
Now is the time for the public to comment on the proposed outline development
plan and rezoning for the Pine Ridge Acres Addition.
9. PETITIONS AND COMMUNICATIONS
A. Request on second reading for a new Class B Beer and Sunday Sales Permit for
China Buffet, 1903 Park Avenue – China Buffet of Muscatine Inc.
B. Request for renewal of a Class A Liquor License for VFW Club, 421 Mulberry
Avenue – Veterans of Foreign Wars Club Inc.
C. Request for renewal of a Class C Beer and Sunday Sales Permit for Hyink’s
Standard, 1206 E. 2
nd
Street – Hyink’s Service Inc.
D. Request approval of 30 cigarette permits effective July 1, 2004 through June 30,
2004
E. Request from Performing Arts Muscatine for Use of City Property on July 4, 2004
Presented for City Council’s consideration is a request from Performing Arts
Muscatine for use of city property on July 4, 2004. As part of the 4
th
of July
celebration, Performing Arts Muscatine has asked for permission to close the 200
block of W. 2
nd
Street between Chestnut and Pine streets, the parking lot at 2
nd
and Pine streets, Chestnut Street from W. 2
nd
Street to Mississippi Drive, and
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Pine Street from alley to alley on either side of W. 2
nd
Street. The proposed 4
th
of
July celebration is to include a live band, food vendors, and games. The activity
will begin at 8 a.m. and go until 11 p.m. Performing Arts Muscatine has also
requested a number of other city services to be provided in conjunction with this
event. This request will still have to be reviewed by city staff for appropriate
request of services.
At this time City Council could take action on the request from Performing Arts
Muscatine for the closure of W. 2
nd
Street between Chestnut and Pine streets,
the parking lot at 2
nd
and Pine streets, Chestnut Street from W. 2
nd
Street to
Mississippi Drive, and Pine Street from alley to alley on either side of W. 2
nd
Street on July 4, 2004 from 8 a.m. until 11 p.m.
F. Request from Human Rights Commission for Suspension of Service
Presented for City Council’s consideration is a request from the Human Rights
Commission for suspension of service for six calendar months beginning July 1,
2004.
At this time City Council could take action on this request.
G. Mad Creek System Review
Presented for City Council’s consideration is a review of the Mad Creek Lift
Station. On May 26, 2004, City Council took action to approve an agreement with
Stanley Consultants Inc. to evaluate the performance of the Mad Creek Lift
Station. The presentation will be made by representatives of Stanley Consultants
to outline particular changes and improvements to be made both at the Mad
Creek and Hershey Avenue lift stations. Future Council action on aspects of this
report is anticipated. At this time a review and summary of the report will be
presented to Council.
10. FROM THE MAYOR
11. FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat for the Taylor Land Development in the City
of Muscatine
Presented for City Council’s consideration is a resolution approving the final plat
for the Taylor land development in the City of Muscatine. On May 13, 2003, the
Planning & Zoning Commission reviewed and approved a threelot light industrial
subdivision off Highway 61 North known as Taylor Acres. The purpose of the
subdivision request was to allow for future commercial/industrial development.
On June 5, 2003, the City Council approved a resolution that accepted the final
plat of Taylor Acres. However, the plat was never recorded with the county so it
was never officially completed. The Taylor family is now working to develop the
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5.397 acre property. The developers have requested minor modifications to the
property lines to better suit their development plans for this site. The city’s
Planning & Zoning Commission reviewed the final plat for the Taylor Land
development at their regular meeting of June 8, 2004 and recommend that City
Council approve the final plat as submitted.
At this time City Council could take action by resolution approving the final plat
for the Taylor land development in the City of Muscatine.
B. Resolution Approving the Final Plat of Bloomington Hollow – County Subdivision
Presented for City Council’s consideration is a resolution approving the final plat
of the Bloomington Hollow county subdivision. The city’s Planning & Zoning
Commission reviewed and approved the final plat for the 19lot single family
residential development west of North Isett Avenue off of Bayfield Road. The
proposal is to subdivide 32.688 acres into 19 lots. The Planning & Zoning
Commission has reviewed this request and recommends the approval of the final
plat.
At this time City Council could take action by resolution approving the final plat of
the Bloomington Hollow county subdivision.
12. FROM THE CITY ADMINISTRATOR
A. Resolution Approving the Annexation of the Pine Ridge Acres Addition to the City
of Muscatine
Presented for City Council’s consideration is a resolution approving the
annexation of the Pine Ridge Acres Addition to the City of Muscatine. Previously
a public hearing was held to receive public comment on the proposed voluntary
annexation of the Pine Ridge Acres Addition to the City of Muscatine. The
annexation, if approved, would bring 9.8 acres of property into the city limits that
will then be developed for residential activity. Voluntary annexation actions are
governed by the Iowa State Board of Development and the process set forth in
the public hearing and the subsequent resolution to adopt are outlined by that
board. As part of the annexation action, City Council previously committed to
provide sanitary sewer to the property in an expeditious manner in order to
facilitate development activities. Under state development board regulations, city
services must be provided to annexed property within a threeyear time frame.
Estimated costs for the extension of sanitary sewer including engineering and
design work will be in an amount not to exceed $100,000. Funding for this project
will be provided through the sanitary sewer extension and reserve account
program.
At this time City Council could take action by resolution approving the annexation
of the Pine Ridge Acres Addition to the City of Muscatine.
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B. Resolution Approving the Outline Development Plan for the Pine Ridge Acres
Addition
Presented for City Council’s consideration is a resolution approving the outline
development plan for the Pine Ridge Acres Addition. Previously the City Council
conducted a public hearing on the proposed development plan and rezoning of
the Pine Ridge Acres Addition. The proposal submitted for Council’s
consideration once the annexation process has been completed would be to
convert the property to a large scale residential (RL) district. This would allow for
an additional 10 residential lots to be developed as well as allow for the existing
bed and breakfast/residential property to remain in place and in operation. All of
the rules and procedures according to the city’s subdivision regulations will be
adhered to for this subdivision as well.
At this time City Council could take action by resolution approving the outline
development plan for the Pine Ridge Acres Addition.
C. First Reading of an Ordinance Rezoning the Pine Ridge Acres Addition
Presented for City Council’s consideration is the first reading of an ordinance
rezoning the Pine Ridge Acres Addition. Previously the City Council conducted a
public hearing and has taken a number of actions concerning the proposed
voluntary annexation of the Pine Ridge Acres Addition and the development plan
and rezoning of that addition. By taking action on the first reading of this
ordinance, the Council will move forward in the rezoning action from a county
residential (R2) to a city large scale residential (RL) district.
At this time City Council could take action on the first reading of an ordinance
amending the zoning ordinance of the City of Muscatine.
D. Resolution Authorizing Application for Annual State and Federal Transit Funding
Assistance
Presented for City Council’s consideration is a resolution authorizing the
application for the annual state and federal transit funding assistance. Previously
the City Council conducted a public hearing on the proposed application for state
and federal transit funding assistance. In total the city will receive $144,720 from
the state transit assistance program, $107,274 from the federal formula funds,
and $122,000 from the statewide federal capital assistance program for transit
operations. Monies from the state and federal sources help to assist in the
operational and capital needs of the city’s transit operation for the next fiscal
year.
At this time City Council could take action by resolution authorizing the
application for the annual state and federal transit funding assistance program.
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E. Resolution Approving the Plans and Specifications and Setting the Bid Opening
Date for the 2004 CBD Streetscape Improvement Project
Presented for City Council’s consideration is a resolution approving the plans and
specifications and setting the bid opening date for the 2004 CBD Streetscape
Improvement Project. Previously the City Council took action to conduct a public
hearing on the proposed 2004/2005 CBD Streetscape Improvement Project. City
Council has allocated $75,000 for this work to be completed in the 2004/2005
fiscal year. Engineering estimates for the project at this time are $113,230.93.
The work identified by staff would complete the project as originally proposed
and would include removal of brick sidewalks, removal of planters, repair or
replacement of sidewalks, curb and gutters, and the installation of handicap
access points at intersections. Once the final bids are received, the City Council
can take action to identify which components of the project they wish to move
forward on based on funding availability.
At this time City Council could take action by resolution approving the plans,
specifications, form of contract, cost estimate and setting the bid opening date for
Wednesday, July 7, 2004, for the 2004 CBD Streetscape Improvement Project.
F. Resolution Setting Time and Place of a Public Hearing for the Fuller Park Trail
Presented for City Council’s consideration is a resolution setting the time and
place of a public hearing for the Fuller Park Trail. Previously the City Council
received an update from staff at their indepth meeting concerning the
development of the Fuller Park trail system. Working in conjunction with
Muscatine Power & Water, the Muscatine School District, and the Muscatine
County Conservation Board, it is proposed to develop a Fuller Park trail system
that would link all four public entities together. The estimated cost of this project
is not to exceed $100,000. Funds have been allocated from the 1% local option
sales tax for the storm sewer maintenance road and from the Houser Street
Improvement Project for the expansion of the component of this project. Yet to be
identified is the funding source for the approximately remaining $50,000 for the
project. Prior to any formal action by Council on this matter, a public hearing is
required.
At this time City Council could take action by resolution setting the time and place
of a public hearing for the Fuller Park Trail Project for Thursday, July 1, 2004, at
7:00 p.m.
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G. Resolution Authorizing Issuance of $1,885,000 Urban Renewal Tax Increment
Revenue Bonds
Presented for City Council’s consideration is a resolution authorizing the
issuance of $1,885,000 in TIF revenue bonds. The proceeds of this sale are
being used for the airport improvement and south end water extension projects.
Our three local banks, First National Bank, Community Bank and Central State
Bank, are purchasing these bonds. The South End Tax Increment Finance
District revenues will service this debt.
At this time City Council could take action by resolution authorizing the sale of
$1,885,000 in TIF Revenue Bonds.
H. Resolution Approving the Official Pay Plan for NonUnion Employees of the City
of Muscatine Effective July 1, 2004
Presented for City Council’s consideration is a resolution approving the official
pay plan for the nonunion employees for the City of Muscatine effective July 1,
2004. Incorporated in the fiscal year 2004/2005 budget are funds that would
allow for a 2.5% increase for nonunion supervisory and management employees
for the City of Muscatine. Prior to those raises becoming effective, City Council
will need to take action by resolution authorizing such action.
At this time City Council could take action by resolution approving the official pay
plan for nonunion employees for the City of Muscatine effective July 1, 2004.
I. Request Approval of 2004/2005 Insurance Program
Presented for City Council’s consideration is a request to approve the 2004/2005
insurance program. At last week’s indepth meeting an overview was provided for
the Council concerning the renewal options for the 2004/2005 insurance
coverages for the City of Muscatine. This matter has been reviewed and
recommendations made by the city’s review committee to accept the proposal
which includes renewing our primary lines of coverage with St. Paul Traveler’s
Company including an additional expense of $861 to increase coverage under
the extra expense category from $100,000 to $1 million. The total cost for
premiums for the 2004/2005 fiscal year will be $446,277.
At this time City Council could take action to approve the 2004/2005 insurance
program.
J. Request Approval of Change Order for the South End Water Project
Presented for City Council’s consideration is a change order to authorize
additional work to be undertaken in conjunction with the south end water
extension project. As the city has progressed through this project that provides
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for the extension of water services to the Progress Park and residential area
south and east of that area, the city has discovered that there is a portion of
Progress Park that is not currently serviced by water or covered under the
original scope of the project. If approved by City Council, the extension would
provide for water services on 55
th
Avenue West north of 49
th
Street South. There
are three lots that would be immediately affected by this changed and would
incorporate approximately 17 ½ acres of developable property. The Greater
Muscatine Chamber of Commerce & Industry is currently working with an
industrial prospect who has indicated a willingness to build on one of the
available lots if water were made available to the property. The estimated cost for
this improvement will be $85,569. This includes a 10% contingency of $7,324.50.
There is sufficient capacity within the funding source for the original project to
accommodate this change order.
At this time City Council could take action to approve the change order for
additional work for the south end water extension project.
K. Request Authorization to Write Off Miscellaneous Receivables
Presented for City Council’s consideration is a request for authorization to write
off miscellaneous receivables. Periodically the city staff takes action to forward to
Council requests for the write off of miscellaneous receivables that are
uncollectible at this time. Many attempts have been made to collect these
outstanding charges without success over the past several years. There are six
outstanding receivables totaling $1,541.35.
At this time City Council could take action authorizing the write off of
miscellaneous receivables in the amount of $1,541.35.
L. Request Authorization to Write Off Outstanding Ambulance Receivables
Presented for City Council’s consideration is a request for authorization to write
off outstanding ambulance receivables. This request would cover the fiscal year
2001/2002 ambulance receivable balance. Total collectible charges for the year
equal $829,711. The city has received $705,244 representing an 85% collection
rate on collectible charges and a 75.1% collection rate on total charges. Of the
unpaid balance of $124,467, a total of $102,738 is still in the collection process.
This request is for the remaining $21,729 to be written off as uncollectible.
At this time City Council could take action to authorize the write off of $21,729 in
uncollectible payments for the 2001/2002 ambulance receivables balances.
M. Request Approval of RightofWay Acquisition in Association with the E. 5
th
Street Bridge Project
Presented for City Council’s consideration is a request to approve the rightof
way acquisition in association with the E. 5
th
Street Bridge Project. The city has
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been working toward land acquisition in association with the proposed E. 5
th
Street Bridge Project for the last two years. The final piece of the acquisition has
been arranged and presented for City Council’s authorization at this time. It is
proposed that the city purchase approximately 10.6 acres of property from Don
Morgan of Morgan Trucking located adjacent to the existing E. 5
th
Street Bridge.
The compensation for the property will be $364,000. In addition, there will be a
moving and site preparation expense for the transition to Progress Park of
$30,000.
At this time City Council could take action to approve the request to purchase
rightofway acquisition in association with the E. 5
th
Street Bridge Project from
Don Morgan of Morgan Trucking in an amount of $394,000.
N. Request Approving 28E Agreement for 2004/2005 Police Services for the City of
Fruitland
Presented for City Council’s consideration is a request to approve the 28E
agreement for the 2004/2005 police services for the City of Fruitland. The City of
Muscatine has been providing the City of Fruitland with police patrol and other
services on a contract basis. Submitted to the City of Fruitland was a contract for
such services beginning July 1, 2004 through June 30, 2005. At the City of
Fruitland’s June meeting, they took action to approve the contract that calls for a
3.5% increase in fees for such services. For the fiscal year beginning July 1,
2004 through June 30, 2005, the City of Muscatine will receive the amount of
$32,000 for police services provided to the City of Fruitland.
At this time City Council could take action to approve the 28E agreement for the
2004/2005 police services for the City of Fruitland.
O. Review of 3
rd
and Chestnut Properties
Presented for City Council’s consideration is an opportunity to make public
comment and provide direction to staff concerning the status of the two
properties owned by the city at the intersection of 3
rd
and Chestnut streets. The
city has received a review from the State Historical Society concerning the status
of these properties and at this time we will be forwarding on to the Department of
Housing and Urban Development that report as well as the recommendation from
the local housing authority (City Council). Overviews will be provided by city staff
at this time to allow Council to direct an appropriate response.
13. COMMUNICATIONS RECEIVE AND FILE
A. Muscatine County Board of Supervisors – May 24, 2004
B. Planning & Zoning Commission – May 11, 2004
C. Historic Preservation Commission – May 11, 20004
D. Police Department Monthly Report – May 2004
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14. APPROVAL OF BILLS
It is recommended bills totaling $1,905,378.37 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
A. Request Authorization to Enter Closed Session for Personnel Review
17. ADJOURNMENT
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