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    MUSCATINE CITY COUNCIL
      
     
    Gary Gray
    At Large
     
    Dick O'Brien
    Mayor
     
    Jerry Lange
    At Large
     
    Anne Lesnet
    2
    nd
    Ward
     
     
     
    Phil Fitzgerald
    1st Ward
     
    Bill Trent
    5th Ward
     
     
    2003 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 2 & 16 July 3 & 17 January 9 July 10
    February 6 & 20 August 7 & 21 February 13 (None in August)
    March 6 & 20 September 4 & 18 March 13 September 11
    April 3 & 17 October 2 & 16 April 10 October 9
    May 1 & 15 November 6 & 20 May 8 November 13
    June 5 & 19 December 4 & 18 June 12 December 11
     
     
     
    AGENDA
     
    THURSDAY, DECEMBER 4, 2003, 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 – November 20, 2003
     
    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 – A­C
    * 13 – A­H
    * Bills*
     
    *Approval of attached Bills for Approval totaling $1,607,384.54 is subject to the
    approval of any related agenda item(s).
     
    8. PUBLIC HEARING
     
     
    9. PETITIONS AND COMMUNICATIONS
     
     
    A. Request for renewal of a Class A Liquor License and Sunday Sales Permit for
    BPO Elks Lodge #304, 2003 Grandview Avenue – BPO Elks Lodge #304
    (pending inspections)
     
    B. Request for renewal of a Class B Liquor License and Sunday Sales Permit for
    Econolodge of Muscatine, 2402 Park Avenue – CCLL Investment Co. (pending
    inspections)
     
    C. Request for renewal of a Class C Liquor License and Sunday Sales Permit for
    Bull Pen Sports Bar, 1201 Grandview Avenue – Bull Pen Sports Inc. (pending
    receipt of dram shop insurance)
     
    10. FROM THE MAYOR
     
     
    A. Resolution of Appreciation
     
    At this time City Council could take action to approve the resolution of
    appreciation for the Muscatine High School varsity football team for the 2003
    season.
     
    B. Reappointment of Anne Lesnet to the MAGIC Board
     
    At this time City Council could take action to approve the reappointment of Anne
    Lesnet to the MAGIC Board
     
    11. FROM THE PLANNING AND ZONING COMMISSION
     
     
    12. FROM THE CITY ADMINISTRATOR
     
     
    A. Resolution Setting the Time and Place of a Public Hearing for a Utility Easement
    at Cobblestone Place – Part I
     
    Presented for City Council’s consideration is a resolution setting the time and
    place of a public hearing for a utility easement at Cobblestone Place – Part I. The
    owners of real estate north of Colorado Street plotted a four­lot subdivision
    known as Cobblestone Place – Part I in 1996. The developer intends to replat
     
     
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    this area for single­family homes. The flexibility associated with this type of
    development warrants the vacation of existing but underdeveloped street right­of­
    way and perimeter utility easements.
     
    At this time City Council could take action by resolution setting the time and place
    of a public hearing upon the vacation of street right­of­way and utility easements
    in Cobblestone Place – Part I for Thursday, December 18, 2003, at 7:00 p.m.
     
    B. Resolution Approving the Contract and Bond for the Muscatine Art Center
    Exterior Restoration Project
     
    Presented for City Council’s consideration is a resolution approving the contract
    and bond for the Muscatine Art Center Exterior Restoration Project. Previously
    the City Council awarded the contract for the project to E&H Restoration, LLC, in
    the amount of $71,864. The appropriate contract and bond have been submitted
    for staff’s review and approval and are submitted for City Council’s action at this
    time.
     
    At this time City Council could take action by resolution approving the contract
    and bond for the Muscatine Art Center Exterior Restoration Project between the
    City of Muscatine and E&H Restoration, LLC.
     
    C. Resolution Setting Time and Place of Public Hearing on Concession Agreements
     
    Presented for City Council’s consideration is a resolution setting the time and
    place of a public hearing on concession agreements. In advance of the 2004
    recreation­based activities concession season, city staff has solicited and
    received proposals for these activities for the City of Muscatine. A proposed
    agreement with a vendor will be for a five­year time period and thereby requires a
    public hearing to be held prior to the award of any such contract. The city
    considered three proposals that were submitted with the tentative intention to
    enter into a concession agreement with Big 10 Concessions for a five­year
    period. A public hearing is required for any concession agreement in excess of
    three years.
     
    At this time City Council could take action by resolution setting the time and place
    of a public hearing concerning a proposed concession agreement between the
    city and Big 10 Concessions for Thursday, December 18, 2003, at 7:00 p.m.
     
    D. Resolution Accepting Public Street Improvements Installed for Riverbend First
    and Second Additions in the City of Muscatine
     
    Presented for City Council’s consideration is a resolution accepting public street
    improvements installed for Riverbend First and Second Additions in the City of
    Muscatine. Public street improvements in the Riverbend First and Second
    Additions have been installed according to the approved plans and specifications.
    The city’s engineering department has found the improvements to be compliant
     
     
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    with city standards.
     
    At this time City Council could take action by resolution accepting public street
    improvements installed for Riverbend First and Second Additions in the City of
    Muscatine.
     
    E. Resolution Accepting Public Street Improvements Installed for Oakview Plaza
    Subdivision in the City of Muscatine
     
    Presented for City Council’s consideration is a resolution accepting public street
    improvements installed for Oakview Plaza Subdivision in the City of Muscatine.
    City Council approved the Oakview Plaza Subdivision on January 17, 2002, and
    Oakview Drive provided a new street access to the adjacent lots. This
    development is located east of Wal­Mart on the north side of Highway 61. Public
    street improvements in the Oakview Plaza Subdivision have been installed
    according to approved plans and specifications and approved by the city’s
    engineering department.
     
    At this time City Council could take action by resolution for the acceptance of
    public street improvements installed for the Oakview Plaza Subdivision in the City
    of Muscatine.
     
    F. Resolution Releasing Real Estate Mortgage Under the Public Housing Home
    Ownership Program
     
    Presented for City Council’s consideration is a resolution releasing a real estate
    mortgage under the Public Housing Home Ownership Program. The city has
    received a request from Michael G. and Lela A. Hendrickson of 2309 Isett
    Avenue for the release of a real estate mortgage. The original program was a
    seven­year 0% forgivable loan in the amount of $17,000. As of July 26, 2003, the
    loan period has expired. It is now appropriate for the Council to release the
    mortgage.
     
    At this time City Council could take action by resolution releasing the real estate
    mortgage under the Public Housing Ownership Program for Michael G. and Lela
    A. Hendrickson of 2309 Isett Avenue.
     
    G. Request to Approve the Waiver of the Union Negotiations Deadline
     
    Presented for City Council’s consideration is a request to approve the waiver of
    the union negotiations deadline. When the city engages in labor negotiation
    activities, it is not uncommon for a request to be made to waive the March 15
    th
     
    deadline for such negotiations. Regulatory provisions of the State Employment
    Relations Board requires that both parties in a labor negotiation process waive
    the March 15
    th
    deadline or be subject to a more restrictive and time conscious
    process for finalizing a labor contract. Typically the City of Muscatine, with all
    three of its unions, has entered into agreements to waive the March 15
    th
    deadline
     
     
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    in order to successfully negotiate a settlement between the city and the
    respective labor unions. The city has received a request from the Muscatine City
    Police and the Muscatine City Blue/White unions, both represented by Teamsters
    Local #238, for such a waiver. Staff would agree with this recommendation.
     
    At this time City Council could take action to approve the waiver of the union
    negotiations deadline.
     
    H. Request Approval of Sewer and Easement Agreement and Dedication
     
    Presented for City Council’s consideration is a request to approve a sewer and
    easement agreement and dedication. The city has finalized an arrangement for a
    sanitary sewer easement for the sewer serving the Wal­Mart property and other
    properties to the east of Wal­Mart. As submitted by the city attorney, this
    document has been through a number of drafts through the respective parties
    and has been finalized for Council action at this time.
     
    At this time City Council could take action to approve the sewer an easement
    agreement and dedication between BCF&M Partnership, Wal­Mart and the City
    of Muscatine.
     
    13. COMMUNICATIONS ­ RECEIVE AND FILE
     
     
    A. Muscatine County Board of Supervisors – November 10 & 17, 2003
    B. Library Board of Trustees
    C. Board of Water, Electric, and Communications Trustees – October 30, 2003
    D. Abstract of Votes for November 4, 2003 Election
    E. Zoning Board of Adjustment – November 4, 2003
    F. MP&W Operating Statements – Communications Utility ­ October 2003
    G. MP&W Operating Statements – Water Utility – October 2003
    H. MP&W Operating
    Statements – Electric Utility – October 2003
     
    14. APPROVAL OF BILLS
     
     
    It is recommended bills totaling $1,607,384.54, as well as receipt summaries for the
    month of October 2003, 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
     
     
     
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    16. OTHER BUSINESS
     
    A. Request to go into Closed Session to discuss labor negotiation strategies
     
    17. ADJOURNMENT
     

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