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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, JULY 17, 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 – July 3, 2003
B. InDepth City Council Meeting – July 10, 2003
C. Joint City Council/Board of County Supervisors – July 14, 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 – AD
* 13 – AG
* Bills*
*Approval of attached Bills for Approval totaling $1,207,940.10 is subject to the
approval of any related agenda item(s).
8. PUBLIC HEARING
A. Proposed Runway 6/24 Safety Area and Pavement Marking Projects at the
Municipal Airport
Previously the City Council took action to establish a public hearing on the
proposed runway 6/24 safety area and pavement marking projects at the
municipal airport in anticipation of the installation of the instrument lighting
system (ILS). The Federal Aviation Administration (FAA) is requiring the
improvements to the Runway 6/24 safety area and also the repainting of the
pavement markings. The estimated cost for the project will be $160,000 with 90%
coming from the FAA ($144,000) and 10% coming fro the city ($16,000).
Now is the time for the public to comment on the proposed public improvements
at the municipal airport.
B. Proposed LeasePurchase Agreement for Office Equipment
Previously City Council took action to authorize the entering into a lease
purchase agreement for office equipment for the city’s Finance Department that
was authorized by the Muscatine City Council. After this matter was reviewed
during preparation of our annual audit, it was determined that a public hearing
should have been held. This action is being taken retrospectively at the direction
of the city’s auditing firm.
Now is the time for the public to comment on the proposed leasepurchase
agreement for office equipment for the City of Muscatine.
9. PETITIONS AND COMMUNICATIONS
A. Request for renewal of a Class C Liquor License and Sunday Sales Permit for
Applebee’s Neighborhood Grill & Bar, 306 Cleveland Street – Apple Corps L.P.
B. Request for renewal of a Class B Beer and Sunday Sales Permit for Good Earth
Restaurant, 5900 Grandview Avenue – George and Mary Ann Schmidt
C. Request for renewal of a Class C Beer and Sunday Sales Permit for Babe’s
Sinclair, 2307 Lucas Street – Rodney Yocom.
D. Request Approval of Cigarette Permit for BK Food and Gas L.L.C., 704 Clay
Street, for July 2003 through June 30, 2004.
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E. Request on first reading for a new Class C Beer Permit for BK Food and Gas
L.L.C., 704 Clay Street – Baldev Singh.
F. Request for a fiveday Class B Beer Permit for Great River Days from the
Muscatine Quarterback Club – Riverside Park (pending inspections)
Presented for City Council’s consideration is a request for a fiveday Class B
Beer Permit for Great River Days from the Muscatine Quarterback Club.
Representatives of the organization will be present at Thursday night’s meeting
to answer questions from City Council.
At this time City Council could take action on the request for a fiveday Class B
Beer Permit for Great River Days from the Muscatine Quarterback Club.
10. FROM THE MAYOR
11. FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Setting Time and Place of a Public Hearing on a Proposed Zoning
Change Within the City of Muscatine
Representatives of Cedar Development, L.L.C., presented a rezoning proposal to
the city’s Planning & Zoning Commission to rezone 92.615 acres of residential
real estate east of the city limits and adjacent to University Drive and Highway 61
North to a mixed use development district (S3). The rezoning request is based
on a land use concept plan that indicates a mixture of residential, office,
retail/commercial, light industrial, and open space. This matter has been
reviewed and approved by the city’s Planning & Zoning Commission and is being
forwarded for City Council’s consideration to establish a public hearing.
At this time City Council could take action by resolution establishing a public
hearing for a proposed zoning change within the City of Muscatine for Thursday,
August 7, 2003, beginning at 7:00 p.m.
B. Resolution Approving the Final Plat Part of Lot 7 of North Point Subdivision in the
City of Muscatine
Presented for City Council’s consideration is a resolution approving the final plat
part of Lot 7 of the North Point Subdivision in the City of Muscatine. The Planning
& Zoning Commission has reviewed a request to split Lot 7A of the North Point
Subdivision located at the intersection of Cleveland Street and Highway 61 North.
This lot is currently occupied by the Auto Zone business, and additional
construction is underway for two additional businesses, Radio Shack and
Quizno’s Restaurant. The purpose of creating the separate lot of record is to
satisfy the requirements of the city’s sign code for the proposed businesses.
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At this time City Council could take action by resolution approving the final plat
part of Lot of the North Point Subdivision in the City of Muscatine.
12. FROM THE CITY ADMINISTRATOR
A. Final Reading of an Ordinance Amending the Zoning Ordinance
Presented for City Council’s consideration is the final reading of an ordinance
amending the zoning ordinance. The city’s Planning & Zoning Commission has
recommended and approved the rezoning of 5.397 acres of real estate located in
the 3200 block of Highway 61 North from residential (R1) to light industrial (M1).
The proposed zoning change is consistent with the city’s Comprehensive Plan
and land use outline.
At this time City Council could take action on the third and final reading of an
ordinance amending the zoning ordinance for the City of Muscatine and direct for
its publication in the Muscatine Journal
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B. Final Reading of an Ordinance Amending the Animal Control Ordinance
Presented for City Council’s consideration is the final reading of an ordinance
amending the animal control ordinance. Previously the City Council took action to
table until the July 17, 2003 City Council meeting final action concerning a
proposed amendment to Title 4 General Provisions, Chapter 1 Animal
Regulations, Section 8 Animal Care. More specifically, the action was tabled to
consider the provision referencing “tethering restrictions” as proposed in that
amendment. The mayor has appointed a subcommittee to review and make
recommendations for proposed changes to this language.
At this time City Council could take action to consider recommendations from the
subcommittee concerning the proposed amendments to Title 4 General
Provisions, Chapter 1 Animal Regulations, Section 8 Animal Care of the
Muscatine City Code.
C. Resolution Approving the Plans, Specifications, Form of Contract and Setting Bid
Opening Date for the Runway Safety Area Construction Project
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract and setting the bid opening date for the Runway
Safety Area Construction Project. In anticipation of the ILS project, the city has to
improve the runway safety area at the end of Runway 6/24. This includes but is
not limited to the removal of trees, relocation of farm access road, installation of
new fencing and painting runway markings. The engineering estimate for the
project is $100,000 with the FAA providing 90% funding of the bid amount. With
Council approval, a bid opening date will be set for August 12, 2003.
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At this time City Council could take action by resolution approving the plans,
specifications, form of contract and establishing a bid opening date for the
Runway Safety Area Construction Project.
D. Resolution Approving an Administrative Plan for Muscatine’s 2003 Housing
Rehabilitation Program
Presented for City Council’s consideration is a resolution approving an
Administrative Plan for the Muscatine 2003 Housing Rehabilitation Program. The
Iowa Department of Economic Development has awarded Muscatine a $392,862
housing rehabilitation grant to be made available to owneroccupied homes in a
targeted area of Muscatine to promote rehabilitation of those homes. The city has
recently completed a similar project and was successful with its application for
additional funding for additional homes. Like the first program, an Administrative
Plan is required. The plan has been submitted for City Council’s consideration.
At this time City Council could take action by resolution approving an
Administrative Plan for Muscatine’s 2003 Housing Rehabilitation Program.
E. Resolution Establishing a Residential AntiDisplacement and Relocation
Assistance Plan Under Section 104 (d) of the Housing and Community
Development Act of 1974, as Amended
Presented for City Council’s consideration is a resolution establishing a
Residential AntiDisplacement and Relocation Plan under Section 104(d) of the
Housing and Community Development Act of 1974, as amended. As a recipient
of federal funding through the Iowa Community Development Block Grant
Program, the city is required by resolution to establish a residential anti
displacement and relocation assistance plan to assist those who might be
affected by our rehabilitation activities. It is not anticipated that this plan will be
implemented but again it is required for receipt of federal funds. The Housing
Rehabilitation Program is not designed to displace people but is designed to
assist those who own and occupy their homes and who qualify to rehabilitate
their homes.
At this time City Council could take action by resolution to establish a Residential
AntiDisplacement and Relocation Assistance Plan.
F. Resolution Establishing a Policy on the Prohibition of the Use of Excessive Force
Within the City of Muscatine
Presented for City Council’s consideration is a resolution establishing a policy on
the prohibition of the use of excessive force within the City of Muscatine. As a
recipient of federal funding through the Iowa Community Development Block
Grant Program for housing rehabilitation, the city is required to establish by
resolution a policy on the prohibition of use of excessive force within the City of
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Muscatine. Specifically, this prohibition is targeted against individuals engaged in
nonviolent civil rights demonstrations.
At this time City Council could take action by resolution to establish a policy on
the prohibition of the use of excessive force within the City of Muscatine.
G. Resolution Establishing the Muscatine Rehabilitation Committee as an AdHoc
Committee to Provide Oversight for the City’s CDBG Rehabilitation Project and to
Appoint the Membership of that Committee
Presented for City Council’s consideration is a resolution establishing the
Muscatine Rehabilitation Committee as an adhoc committee to provide oversight
for the city’s CDBG Rehabilitation Project and to appoint the membership of that
committee. As a recipient of federal funding through the Iowa Community
Development Block Grant Program for housing rehabilitation activities, the city is
required to establish such an adhoc committee to provide oversight on this
project. Recommended for Council’s consideration are Kas Kelly, the Rev. Lewis
Williams, and Muscatine Building & Zoning Administrator Steve Boka and/or his
designated representative.
At this time City Council could take action by resolution establishing the
Muscatine Rehabilitation Committee as an adhoc committee to provide oversight
for the city’s CDBG Rehabilitation Project and to appoint the membership of that
committee.
H. Resolution Setting the Time and Place of a Public Hearing on the 2003 Central
Business District Streetscape Project
Presented for City Council’s consideration is a resolution setting the time and
place of a public hearing on the 2003 Central Business District Streetscape
Project. The City Council has allocated $75,000 in the fiscal year 2003/2004
budget for streetscaping activities on 2
nd
Street. Improvements would include the
removal of planters, sidewalk bricks and utility strips between Iowa Avenue and
Cedar Street on 2
nd
Street. This is a continuation of improvements that were
completed last year between Pine Street and Iowa Avenue on 2
nd
Street. The city
will be partnering with Muscatine Power & Water and other civic organizations for
the establishment of other features such as period lighting, tree removal, and the
continuation of the hanging flower baskets. Prior to any formal action by City
Council, a public hearing is required for the project.
At this time City Council could take action by resolution to establish a public
hearing for Thursday, August 7, 2003, at 7:00 p.m. for the 2003 CBD Streetscape
Improvement Project.
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I. Resolution Awarding the Contract for the W. 7
th
Street Sewer Replacement
Project
Presented for City Council’s consideration is a resolution awarding the contract
for the W. 7
th
Street Sewer Replacement Project. As part of the 1% sales tax
sanitary storm sewer project, the city had previously identified the W. 7
th
Street
Sewer Replacement Project as one to be completed in calendar year 2003. Bids
were solicited with four bids being submitted for the project. Sulzberger
Excavating is the apparent low bidder with a bid if $72,981.50. The engineering
estimate for the project was $95,094.97.
At this time City Council could take action by resolution awarding the contract for
the W. 7
th
Street Sewer Replacement Project to Sulzberger Excavating in the
amount of $72,981.50.
J. Resolution Awarding the Contract for the 2003 Hot Mix Asphalt Paving Project
Presented for City Council’s consideration is a resolution awarding the contract
for the 2003 Hot Mix Asphalt Paving Project. The city solicited bids for the 2003
asphalt project with the lowest responsible bidder being that of Illowa Investment
Inc. of Blue Grass, Iowa, in the amount of $521,818.75. With the award of this
contract, the city will be entering into its final phase of an extensive overlay
program on behalf of the city.
At this time City Council could take action by resolution awarding the contract for
the 2003 Hot Mix Asphalt Paving Project to Illowa Investment Inc. in the amount
of $521,818.75.
K. Resolution Approving the Release of a Real Estate Contract
Presented for City Council’s consideration is a resolution approving the release of
a real estate contract. Under the city’s public housing home ownership program,
the city previously entered into an agreement with Robert Brugman and
Gwendolyn Willits for the home they occupy at 2211 Demorest Street. In 1996 a
sevenyear 0% forgivable loan in the amount of $18,250 was entered into with
the owners of the property. All requirements of the program have been met and it
is appropriate at this time for the city to release the mortgage under the program
guidelines.
At this time City Council could take action by resolution releasing the real estate
mortgage under the public housing home ownership program.
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L. Resolution Authorizing LeasePurchase Agreement for Office Equipment
Presented for City Council’s consideration is a resolution authorizing a lease
purchase agreement for a copier/printer in the Finance Department that we
already have. We are doing this to satisfy our auditors and our bond counsel so
the public knows that no debt instrument has been used in this agreement. We
should have done this before we entered into the leasepurchase agreement but
since the agreement contained a “nonappropriation clause”, we believed it was
not required. Our auditors and bond counsel advised us to go ahead and have
the public hearing and the resolution even though the agreement is already in
place to document our intent.
At this time City Council could take action to authorize the leasepurchase
agreement for office equipment.
M. Request Approval of the Annual Maintenance Contract Between the City and the
Iowa Department of Transportation
Presented for City Council’s consideration is a request to approve the annual
maintenance contract between the city and the Iowa Department of
Transportation. Each year the city enters into a maintenance agreement with the
IDOT that allows for the city to maintain certain State of Iowa public roadways
within the City of Muscatine and to be reimbursed for those costs. The
agreement calls for a payment of $16,286 to be made to the City of Muscatine for
maintenance activities beginning July 1, 2003 through June 30, 2004.
At this time City Council could take action to approve authorization of the annual
maintenance contract between the City of Muscatine and the IDOT.
N. Request Approval of Agreement with the PGA Golf Professional at the Municipal
Golf Course
Presented for City Council’s consideration is a request to approve an agreement
with the PGA golf professional at the municipal golf course. The current
agreement for golf professional services at the golf course expires December 31,
2003. In 2000, when the services of the current golf professional were acquired
through an RFP process, it was indicated to all prospective candidates that upon
successful completion of the threeyear agreement, then a fouryear extension
would be available to the PGA golf professional. Brad Thompson, the current golf
professional, has successfully completed three years with the City of Muscatine.
Staff has reviewed the contract and made minor changes and is forwarding it on
for Council’s consideration and approval.
At this time City Council could take action to approve the agreement the city and
the PGA golf professional for municipal golf course activities and services.
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O. Request Approval to Issue Purchase Order for CustomCast Street Signs for the
Central Business District
The city has received a request for authorization to purchase customcast street
signs in the Central Business District. Representatives of the “MAPs” group have
been researching the potential for new period street signage within the Central
Business District. This organization has met with the city’s Traffic Committee
regarding the acquisition and installation of the customized street signs. They are
proposing at this time 35 signs and support poles be purchased to accomplish
this goal. The total price for the project is $10,344.07. This matter is being
presented for Council’s consideration in conjunction with other projects within the
downtown area under consideration at this time.
Additional information and discussion will take place at this time concerning this
request.
P. Request Approval of Professional Services Agreement with Stanley Consultants
Presented for City Council’s consideration is a request to approve a professional
services agreement with Stanley Consultants. City staff is requesting City Council
allow for a professional service agreement in an amount not to exceed $5,000 to
be entered into to assist in the assessment and design review of Musser and
Baker streets in association with railroad crossing enhancements. The city
previously had made application to the State of Iowa for railroad crossing
improvements at both Day and Musser streets. Before any work is undertaken on
either one of these locations, city staff feels it is appropriate to look and assess
the implications and potential for improvements at Musser Street to enhance
safety for both rail and vehicular traffic.
At this time City Council could take action to authorize the acquisition of
professional services from Stanley Consultants concerning the Musser and
Baker streets crossing review in an amount not exceed $5,000.
Q. Request Approval of Traffic Items
The following traffic items are submitted for City Council’s consideration:
•
Request authorization to change the traffic signals and 2
nd
and Cedar streets
to three way flashing stop signs.
•
Request authorization to remove a handicap parking stall in the Sycamore
Street parking lot.
•
Request authorization to remove loading zone on W. 3
rd
Street by the Upper
Chestnut parking.
•
Request authorization to remove handicap parking stall at 4
th
Street and
Mulberry Avenue.
•
Request authorization to remove “no parking bus stop” sign at 5
th
Street and
Mulberry Avenue.
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At this time City Council could take action on the requested traffic related items.
A. Request Approval of Agreement with IDOT for Traffic Safety Improvement
Funding from the Iowa Department of Transportation
Presented for City Council’s consideration is a request to approve an agreement
with IDOT for traffic safety improvement funding from the Iowa Department of
Transportation. In August 2002, the City Council approved an application to the
IDOT for safety funding regarding the elimination of a high probability utility
pole/vehicular collision on Leroy Street. Working in conjunction with Muscatine
Power & Water, a plan was developed to eliminate this hazard. The IDOT has
reviewed and authorized $60,000 from the State Safety Fund to improve the
clear zone on Leroy Street. There is no local match required from the city for this
project at this time. MP&W will work in conjunction with the scope of work as
outlined by the IDOT to mitigate this hazard.
At this time City Council could take action to approve an agreement with the
IDOT for traffic safety improvement funding from the IDOT.
B. Request Approval of Revised Agreement with the Iowa Department of
Transportation for Railroad Crossing Signals at Day and Musser Streets
Presented for City Council’s consideration is a request to approve the revised
agreement with the Iowa Department of Transportation for railroad crossing
signals at Day and Musser streets. City Council had previously authorized the
submission of an application to the IDOT for funding for crossing improvements
at both Musser and Day streets within the City of Muscatine. Monies have been
set aside by the IDOT to assist in this matter. Ninety percent of the total
estimated cost will be provided by the state with the remaining 10% being the
local responsibility. Previously the City Council reviewed a request for
authorization for a separate design study for Baker Street for possible
enhancement of the flow of traffic connected with the railroad crossing as well.
With approval of these agreements, the Council is acting to officially reserve the
funds set aside by the state on both of these crossings. If there are
recommendations or adjustments on the status of either one of these crossings,
the contracts can be modified to account for these changes.
At this time City Council could take action to approve a revised agreement with
the IDOT for railroad crossing signals at Day and Musser streets.
C. Request Approval to Award Street Striping Contract
Presented for City Council’s consideration is a request to award the street
striping contract. The city has budgeted $45,000 for street striping for fiscal year
2003/2004. Bids were solicited with one bidder responding. Peterson Parking Lot
Striping of Carbon Cliff, Illinois, submitted a bid in the amount of $43,990.41.
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At this time City Council could take action to award the street striping contract for
2003/2004 to Peterson Parking Lot Striping in the amount of $43,990.41.
D. Request Approval to Purchase Ambulance Service Equipment
Presented for City Council’s consideration is a request to approve the purchase
of ambulance service equipment. In order to take advantage of advance training
that the City of Muscatine paramedics have completed, the Fire Department is
requesting authorization to purchase a portable ventilator to supplement this
training. The availability of the training in this request came after the formal
budget process but it is intended to be included in the amendment, if approved
by Council, that will take place in February 2004. In order to facilitate and to
support the training that has already been received, it is being requested that
authorization to purchase this piece of equipment be made at this time.
At this time City Council could take action to authorize the purchase of a portable
ventilator for the Muscatine Ambulance Service.
13. COMMUNICATIONS RECEIVE AND FILE
A. Muscatine County Board of Supervisors – June 16 & 30, 2003
B. Library Board of Trustees – May 21, 2003
C. Art Center Board of Trustees – June 19, 2003
D. Senior Resources – June 17, 2003
E. NFPA Fire Experience Survey – February 2003
F. NFPA Fire Experience Survey – March 2003
G. Police Department Activity Report – June 2003
14. APPROVAL OF BILLS
It is recommended bills totaling $1,207,940.10 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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