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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, OCTOBER 16, 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 – October 2, 2003

B. In­Depth City Council Meeting – October 9, 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 – A

* 13 – A­E

* Bills*

 

*Approval of attached Bills for Approval totaling $1,235,505.22 is subject to the

approval of any related agenda item(s).

 

8. PUBLIC HEARING

 

 

9. PETITIONS AND COMMUNICATIONS

 

 

A. Request on first reading for a new Class C Beer and B Wine Permit for Aldi Store

#05, 1820 Park Avenue – Aldi Inc. (pending inspections)

 

B. Request for Authorization to Bow Hunt Deer in the City of Muscatine

 

The city has received a request from Steve Braasch for permission to bow hunt

deer on private property within the City of Muscatine. The private property is

located between the Highway 61 Bypass and Houser Street and is currently

actively being farmed. Current city regulations (Title 7, Police Regulations,

Chapter 4, Weapons) prohibit the discharge of firearms, which includes bow and

arrows within the city limits of Muscatine. If City Council is so inclined to allow

this activity to take place, would have to make an exception to the ordinance to

specifically allow for this action.

 

At this time City Council could take action to consider the request from Steve

Braasch for the purpose of bow hunting on private property within the City of

Muscatine.

 

10. FROM THE MAYOR

 

 

A. Proclamation Declaring October as “National Breast Cancer Awareness Month”

and October 25, 2003 as “Clip for the Cure Day”

 

B. Proclamation Declaring November 23­30, 2003 as “National Bible Week”

 

C. Proclamation Declaring October 20­24, 2003 as “National Business Women’s

Week”

 

The above proclamations have been submitted for City Council’s consideration

and approval.

  

11. FROM THE PLANNING AND ZONING COMMISSION

 

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12. FROM THE CITY ADMINISTRATOR

 

A. First Reading of an Ordinance Amending Title 7 Police Regulations, Chapter 15

Parking Meters and Lots Section 6 On Street Meter Rates

 

Presented for City Council’s consideration is the first reading of an ordinance

amending Title 7, Police Regulations, Chapter 15, Parking Meters and Lots,

Section 6, On­Street Meter Rates. Due to a recent ruling by the judicial

magistrate in Muscatine, it is necessary for the city to amend its parking meter

ordinance concerning parking only once in a metered stall each day in order for

the city to effectively enforce the intent of this ordinance. Previously this

ordinance had been amended to comply with similar judicial magistrate rulings.

The proposed amendments will satisfy the concerns issued by the magistrate in

order for the city to effectively enforce this section of the parking code.

 

At this time City Council could take action on the first reading of an ordinance

amending Title 7, Police Regulations, Chapter 15, Parking Meters and Lots,

Section 6, On­Street Meter Rates.

 

B. Resolution Approving the Assessment of Nuisance Abatement Costs

 

Presented for City Council’s consideration is a resolution approving the

assessment of nuisance abatement costs. Periodically the City Council reviews

assessments against particular properties for abatement of nuisances. The city

staff is forwarding four specific incidences that occurred earlier this year for

nuisance abatements.

 

At this time City Council could take action by resolution authorizing the

assessment of unpaid nuisance abatement costs to private property owners.

 

C. Resolution Approving Contract and Bond for the Airport Terminal Building Project

 

Presented for City Council’s consideration is a resolution approving the contract

and bond for the Airport Terminal Building Project. Previously the City Council

took action to approve the contract between the City of Muscatine and Bi­State

Contracting Inc. of Burlington, Iowa, for the terminal building project in the

amount of $760,743. The contract and bond have been submitted for review by

city staff and have met all the requirements at this time.

 

At this time City Council could take action by resolution approving the contract

and bond between the City of Muscatine and Bi­State Contracting Inc. for the

Airport Terminal Building Project.

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D. Request Approval of Amendments to the Employee Handbook

 

Presented for City Council’s consideration is a request to approve the

amendments to the employee handbook. Previously the Council reviewed with

staff proposed changes in the Human Resources’ employee handbook. One

change has been made since the presentation at last week’s in­depth meeting,

which is to specify “municipal elections” and prohibited employee actions dealing

with partisan politics. Following approval by City Council, the handbook will be

republished and distributed to the affected employees.

 

At this time City Council could take action to approve amendments to the

employee handbook for the City of Muscatine.

 

E. Request to Approve the City’s Fiscal Year 2002/2003 Budget­Basis Financial

Report and Authorize Filing with the State Auditor’s Office

 

Presented for City Council’s consideration is a request to approve the city’s fiscal

year 2002/2003 budget­basis financial report and authorize it be filed with the

State Auditor’s Office. At last week’s in­depth meeting, the City Council received

an update and presentation concerning the fiscal year 2002/2003 budget­basis

financial report from city staff. The report outlined the review of expenditures and

revenues from all city activities for that fiscal year. The next step in the process is

for the Council to authorize the financial report to be submitted to the State of

Iowa as required by Iowa law.

 

At this time City Council could take action to approve the city’s fiscal year

2002/2003 budget­basis financial report and authorize its filing with the State

Auditor’s office.

 

F. Request to Approve Right­of­Way Acquisition Contract in Association with E. 5

th

 

Street Bridge Project

 

Presented for City Council’s consideration is a request to approve the right­of­

way acquisition contract in association with the E. 5

th

Street Bridge Project. In

anticipation of the E. 5

th

Street Bridge Project, the city has been acquiring

additional right­of­way adjacent to the bridge structure. Three parcels have

already been acquired and two remain to be purchased. The city has been

engaged in negotiations with Weikert’s Iron & Scrap for some time to acquire the

property adjacent to 5

th

Street. The city will be compensating the Weikert’s for the

real estate on E. 5

th

Street, approximately 1.5 acres, and assisting in relocation

expenses for the business to transition to a leased site identified by the city. Total

compensation for the property will be $53,800.

 

At this time City Council could take action to approve the right­of­way acquisition

contract in association with the E. 5

th

Street Bridge Project between the City of

Muscatine and Weikert’s Iron & Scrap Metal.

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G. Request Approval to Declare Certain Weapons as Surplus Property

 

Presented for City Council’s consideration is a request to declare certain

weapons as surplus property. The city’s Police Department has identified five

weapons that are no longer of use to the department and have trade­in value

toward the purchase of two new weapons for the department’s tactical

operations. If approved by Council, the transaction would be between the city

and a federally licensed firearms dealer who would be responsible for the

appropriate disposal of the weapons. The city will be receiving a total trade­in

value of $500 for the weapons.

 

At this time City Council could take action to declare the weapons as surplus

property and to permit their value ($500) to be used as part of a purchase price

for new weapons.

 

H. Request Approval from Muscatine Power & Water for Utility Easement on Public

Property

 

Presented for City Council’s consideration is a request from Muscatine Power &

Water for a utility easement on public property. The city has received a request

from Muscatine Power & Water for a 20’ wide utility easement through the east

edge of McKee Park. The utility easement would be used for the extension of

water service for economic development purposes. The city’s Recreation

Advisory Commission has reviewed and approved this request as well.

 

At this time City Council could take action to approve the request from Muscatine

Power & Water for a utility easement on public property.

 

I. Request Approval of Traffic Item

 

Presented for City Council’s consideration is a request to approve a traffic item

involving the removal of the traffic signals at 2

nd

and Cedar streets. Previously

the Council authorized the implementation of the flashing red signals at this

intersection in conjunction with the sidewalk rehabilitation project on 2

nd

Street.

The Traffic Committee is making a further recommendation for the complete

removal of the traffic signal at this intersection to be replaced with stop signs.

 

At this time City Council could take action to approve the removal of the traffic

signal at 2

nd

and Cedar Streets to be replaced with the appropriate stop signs.

 

J. Request to Approve Expenditure for Community Art Project

 

Presented for City Council’s consideration is a request to approve an expenditure

of up to $3,500 by the Community Art Subcommittee of the Pearl of the

Mississippi Team. At last week’s in­depth meeting, a presentation was made

concerning the acquisition of community art for the Muscatine riverfront.

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Contained in that presentation was a request for the expenditure of up to $3,500

for the construction of a model to be used in fund raising for the piece. Funding

for the project will be taken from the monies set aside for the Pearl of the

Mississippi Project designated for community art.

 

At this time City Council could take action to authorize the request from the

Community Art Subcommittee of the Pearl of the Mississippi Implementation

Team to expend up to $3,500 for the construction of the model for the future

community art piece.

 

K. Request Authorization to Purchase Property

 

Presented for City Council’s consideration is a request for the authorization to

finalize the purchase of the Hawkeye Lumber site on behalf of the City of

Muscatine. The price for acquisition, which includes demolition, will be $418,250.

Previously the City Council authorized the establishment of the expanded urban

renewal and TIF district in the downtown that will provide funding for this project.

The completion of this arrangement is subject to a Phase I environmental

assessment.

 

At this time City Council could take action to authorize the purchase of the

Hawkeye Lumber site in the amount of $418,250 pending completion of the

Phase I environmental assessment.

 

 

13. COMMUNICATIONS ­ RECEIVE AND FILE

 

 

A. Muscatine County Board of Supervisors – September 22 & 29, 2003

B. Board of Water, Electric and Communications Trustees – August 26, 2003

C. Art Center Board of Trustees – September 18, 2003

D. Planning & Zoning Commission – September 9, 2003

E. City of Muscatine Financial Reports – September 2003

 

14. APPROVAL OF BILLS

 

 

It is recommended bills totaling $1,235,505.22 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