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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, AUGUST 7, 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 17, 2003
B. Joint City Council/Board of County Supervisors – July 24, 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 – AL
* Bills*
*Approval of attached Bills for Approval totaling $_____ is subject to the approval of
any related agenda item(s).
8. PUBLIC HEARING
A. Proposed Zoning Change
Previously the City Council took action to establish a public hearing to review a
proposed rezoning request from the Cedar Development, LLC. The request is to
rezone approximately 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 (S3) district. The rezoning request is based on the 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. Prior to any formal action on this matter, a
public hearing is required.
Now is the time for the public to comment on the proposed rezoning change.
B. Proposed 2003 Central Business District Streetscape Project]
Previously the City Council took action to establish a public hearing to receive
public comment on the proposed 2003 Central Business District Streetscape
Project. The City Council has allocated $75,000 for the current fiscal year for
streetscaping activities on 2
nd
Street. The 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 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 basket project. Prior to any formal action by Council, a public hearing is
required.
Now is the time for the public to comment on the proposed 2003 Central
Business District Streetscape Project.
9. PETITIONS AND COMMUNICATIONS
A. Request for renewal of a Class B Beer and Sunday Sales Permit for Happy Joe’s
Pizza & Ice Cream Parlor, 927 Grandview Avenue – Max Brewer Corporation
(subject to inspections)
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B. Request for renewal of a Class B Beer and Sunday Sales Permit for Happy Joe’s
Pizza & Ice Cream Parlor, 203 Lake Park Blvd. – Max Brewer Corporation
(subject to inspections)
C. Request for renewal of a Class B Beer and Sunday Sales Permit for The
Legends Golf & Family Fun Center, 3901 N. Hwy 38 – White Wolf Inc.
D. Request for renewal of a Class LE Liquor License for Wholesale Food Outlet
#312, 807 Grandview Avenue – NashFinch Company (subject to inspections)
E. Community Art Review
At this time the Community Art Subcommittee of the Pearl of the Mississippi
Project Team will make a presentation to Council concerning community art
opportunities.
F. Request from Library to Use City Property – Iowa Avenue
Presented for City Council’s consideration is a request from the Musser Public
Library for the use of city property for the recognition of Mexican Independence
Day. The request would be for the closure of Iowa Avenue between 3
rd
and 4
th
streets on Tuesday, September 16, 2003, between the hours of 5:00 p.m. and
8:00 p.m. Food vendors and entertainment will be available to the general public.
At this time City Council could take action to approve the request from the library
for the closure of Iowa Avenue between 3
rd
and 4
th
streets in observance of
Mexican Independence Day on September 16, 2003 between the hours of 5:00
p.m. and 8:00 p.m.
G. Request from Performing Arts Muscatine to Use City Property – 2
nd
Street
10. FROM THE MAYOR
A. Proclamation Declaring August 16, 2003 as “What’s Your Number? Hypertension
Screening Day”
B. Proclamation Declaring August as “Downtown Month”
C. Proclamation Declaring August 1416, 2003 as “Knights of Columbus Days for
the Mentally Challenged”
The above proclamations have been submitted for City Council’s consideration
and approval.
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D. Establishment of
Trick or Treat Night
At this time City Council could take action to confirm the establishment of Trick or
Treat Night for Friday, October 31, 2003, from 5:30 to 7:30 p.m.
11. FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Voluntarily Annexing Real Estate Into the City of Muscatine
Presented for City Council’s consideration is a resolution voluntarily annexing
real estate into the City of Muscatine. As has been previously reviewed with City
Council, Cedar Development, LLC, intends to voluntarily annex 105.227 acres
east of the city limits and both sides of Highway 61 North. In conjunction with this
proposed action, the Council previously held a public hearing to receive public
comment on a proposed rezoning request on this particular property. The city’s
Planning & Zoning Commission has approved the voluntary annexation and
rezoning request for the property. Upon approval of a resolution to voluntarily
annex the real estate, appropriate notification will be sent to state representatives
and officials of this action for their review and action as well.
At this time City Council could take action by resolution voluntarily annexing
certain real estate into the City of Muscatine.
12. FROM THE CITY ADMINISTRATOR
A. Final Reading of an Ordinance Amending Title 4 General Provisions, Chapter 1
Animal Regulations, Section 8 Animal Care
Presented for City Council’s consideration is the final reading of an ordinance
amending Title 4 General Provisions, Chapter 1 Animal Regulations, Section 8
Animal Care. This matter was tabled at the July 17
th
2003 City Council meeting.
A threemember subcommittee, appointed by the Mayor with the concurrence of
City Council, reviewed the proposed changes in this ordinance relating to the
tethering of animals. A recommendation will be presented at the City Council
meeting concerning this matter. Following the review, the City Council will have
an opportunity to take further action on this proposed amendment to the Animal
Control Ordinance.
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.
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B. First Reading of an Ordinance Rezoning Property Within the City of Muscatine
Presented for City Council’s consideration is the first reading of an ordinance
rezoning property within the City of Muscatine. Previously a public hearing was
held to consider the rezoning of 105.227 acres of real estate that is being
voluntarily annexed into the city. Cedar Development, LLC, presented a rezoning
proposal to the city’s Planning & Zoning Commission to rezone the acreage from
residential to a mixed use (S3) district. This request is being made concurrently
with the annexation request. The city’s Planning & Zoning Commission has
approved this request and is recommending that City Council take similar action.
At this time City Council could take action on the first reading of an ordinance
amending the zoning ordinance for the City of Muscatine.
C. Resolution Setting the Time and Place of a Public Hearing on the Airport
Terminal Building Project
Presented for City Council’s consideration is a resolution setting the time and
place of a public hearing on the Airport Terminal Building Project. City staff,
members of the Airport Advisory Commission and an outside architect have been
working on developing final plans and specifications for the construction of a new
airport terminal at the city’s municipal airport. Prior to any further action on this
matter, it is necessary that a public hearing be held for this project.
At this time City Council could take action by resolution setting the time and place
of a public hearing on the Airport Terminal Building Project for Thursday, August
21, 2003, at 7:00 p.m.
D. Resolution Approving the Final Plat for the Country Court TwoLot Subdivision
Located in Northwood Estates
Presented for City Council’s consideration is a resolution approving the final plat
for the Country Court twolot subdivision located in Northwood Estates. Mr.
Charles Myers, who lives in a dwelling on 2.5 acres within the Country Court two
lot residential subdivision located within Northwood Estates, submitted a request
to have the property subdivided to create a oneacre site and a 1.5acre parcel.
The lots conform to the dimensional requirements as outlined by the county and
have received the County Board of Supervisors approval. Because it is within the
twomile limit of the city boundaries, City Council action is required.
At this time City Council could take action by resolution approving the final plat
for the Country Court twolot subdivision located in Northwood Estates.
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E. Resolution Authorizing the Assessment of Unpaid Abatement Costs to Private
Properties
Presented for City Council’s consideration is a resolution authorizing the
assessment of unpaid abatement costs to private properties. Periodically the City
Council takes action to assess abatement costs for nuisances and other public
improvements to the affected property owners that have remained unpaid to this
date. Nine properties and property owners are submitted for Council’s
consideration representing a total of $2,203.54. Following action by City Council,
the list and the dollar amounts will be submitted to the County to be assessed
against the appropriate properties.
At this time City Council could take action authorizing the assessment of unpaid
abatement costs to private properties.
F. Resolution Awarding the Contract for the Weed Park Aquatic Center
Presented for City Council’s consideration is a resolution accepting the low bid
for the Muscatine Weed Park Aquatic Center Construction Project. Two bids
were received with the low apparent bidder being that of Carl A. Nelson Co. of
Burlington, Iowa, in the amount of $3,489,500. The bid has been reviewed by
both city staff and by the city’s consultant, Water’s Edge, to ensure compliance
with the specifications as outlined in the bid document. Following the review of
the bid document, both the city and the consultant are in concurrence that the bid
should be awarded to Carl A. Nelson Co.
At this time City Council could take action to accept the bid for the Muscatine
Aquatic Center from Carl A. Nelson Co. of Burlington, Iowa, in the amount of
$3,489,500.
G. Resolution Approving the Plans and Specifications and Setting the Bid Opening
Date for the 2003 Central Business District Streetscape Project
Presented for City Council’s consideration is a resolution approving the plans and
specifications and setting the bid opening date for the 2003 Central Business
District Streetscape Project. For fiscal year 2003/2004 the City Council has set
aside $75,000 to assist in streetscaping activities within the city’s central
business district. The area impacted will be 2
nd
Street between Iowa Avenue and
Cedar Street and alleys #1 and #2. The scope of the work defined in this project
includes the removal of sidewalks, benches, planters and curbing. Where taken
out, new sidewalks and curbing will be replaced. The estimated project cost is
$106,869.29.
At this time City Council could take action by resolution approving the plans,
specifications, form of contract, cost estimate and setting the date for the receipt
of bids for the 2003 Central Business District Streetscape Project.
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H. Resolution Approving the Contract and Bond for the Muscatine Hot Mix Asphalt
Paving Project for 2003
Presented for City Council’s consideration is a resolution approving the contract
and bond for the Muscatine Hot Mix Asphalt Paving Project for 2003. Previously
the City Council took action to award the contract for this project to Illowa
Investments Inc. in the amount of $521,818.75. At this time the appropriate
contracts and insurance documents have been provided and approved by staff.
At this time City Council could take action by resolution approving the contract
and bond for the Muscatine 2003 Hot Mix Asphalt Paving Project between the
City of Muscatine and Illowa Investment Inc.
I. Resolution Approving the Contract and Bond for the W. 7
th
Street Sewer
Replacement Project
Presented for City Council’s consideration is a resolution approving the contract
and bond for the W. 7
th
Street Sewer Replacement Project. Previously the City
Council took action to award the contract for this project to Sulzberger
Excavating in the amount of $72,981.50. The appropriate contract and bond has
been submitted and approved by staff at this time.
At this time City Council could take action by resolution approving the contract
and bond for the W. 7
th
Street Sewer Replacement Project.
J. Request Authorization to Construct Radio Tower on the Knights of Columbus
Property on Houser Street
Presented for City Council’s consideration is a request for authorization to
construct a radio tower on the Knights of Columbus property on Houser Street.
The city has received a request from Joe Flanders, Chancellor of the Laurent
Knights of Columbus located at 2011 Houser Street for the construction of a 55’
tower to be located outside the east (back) side of the frame building located at
this address. The nearest property lines are 135’ to the south and 120’ north of
the tower location. The purpose of the local radio station is to provide various
local educational programs. The height of the tower exceeds that which is
permissible without City Council approval.
At this time City Council could take action to approve the request for the
construction of a radio tower on the Knights of Columbus property located at
2011 Houser Street.
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K. Request Approval of Various Improvements to Diamond #4 in Kent Stein Park by
Muscatine Community College and Muscatine High School
Presented for City Council’s consideration is a request to approve various
improvements to Diamond #4 in Kent Stein Park by Muscatine Community
College and Muscatine High School. The city has received a request from MCC
and MHS for various improvements to Diamond #4 located in Kent Stein Park.
This would include the moving of the outfield fence to accommodate college
tournaments and the addition of foul poles. In addition, the irrigation system must
be made to accommodate the additional space and also to replace the infield
playing surface. There will be no cost to the city for this project that will be
undertaken jointly by MCC and MHS.
At this time City Council could take action to authorize the improvements at
Diamond #4 in Kent Stein Park by MCC and MHS.
L. Request to Purchase Mower for the Soccer Complex and an Infield Grooming
Machine for Kent Stein Park
Presented for City Council’s consideration is a request to purchase a mower for
the soccer complex and an infield grooming machine for Kent Stein Park.
Included in this fiscal year’s budget are monies for the replacement of these two
pieces of equipment. A total of four bids were received from two bidders for the
mower and three bids from three bidders for the infield grooming machine. After
reviewing the bids submitted, it is staff’s recommendation that the mower and
infield grooming machine both be purchased from Sun Turf Equipment for
$27,990 for the mower and $6,990 for the infield grooming machine for a total bid
package price of $34,890. The total budgeted amount for the two pieces of
equipment is $30,800 representing a $4,090 overage.
At this time City Council could take action to approve the purchase of a mower
for the soccer complex and infield grooming machine for Kent Stein Park from
Sun Turf Equipment for a total bid package amount of $34,890.
M. Request Approval from the Muscatine Little League to Construct Batting Cages
at Kent Stein Park
Presented for City Council’s consideration is a request for approval from the
Muscatine Little League to construct batting cages at Kent Stein Park. The city
has received a request from the Muscatine Little League Association to construct
two batting cages at Kent Stein Park. If approved, the cages will go between
Diamonds #2 and #3. The Muscatine Little League Association will pay for the
costs to construct the cages.
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At this time City Council could take action to approve the request from the
Muscatine Little League Association to construct batting cages at Kent Stein
Park.
N. Request Authorization to Submit an Application for Local Law Enforcement Block
Grant Funds
Presented for City Council’s consideration is a request for authorization to submit
an application for Local Law Enforcement Block Grant Funds. The city has been
receiving grant funding since 1996 under this program, and, if approved, this
would be the eighth application. Grant periods are for two years and require a
10% match. In the past, grant proceeds have been used to purchase items such
as computers, radar, weapons, incar video systems, overtime for community
policing and crime prevention activities. Available for fiscal year 2003 through
2005 will be $33,842 from federal sources to be matched by $3,760 from the City
of Muscatine for a total grant program of $37,602.
At this time City Council could take action to authorize the submission of a grant
application for Local Law Enforcement Block Grant Funds.
O. Resolution Setting the Time and Place of a Public Hearing on the Police
Department’s Proposed Use of Local Law Enforcement Block Grant Funds
Presented for City Council’s consideration is a resolution setting the time and
place of a public hearing on the Police Department’s proposed use of Local Law
Enforcement Block Grant Funds. Previously the City Council took action to
consider the submission of a grant application for such funds for fiscal years
2003 through 2004. To comply with the U.S. Department of Justice requirements,
a public hearing is required for the proposed use of these funds.
At this time City Council could take action by resolution setting the time and place
of a public hearing for the Police Department’s use of Local Law Enforcement
Block Grant Funds for Thursday, August 21, 2003, at 7:00 p.m.
P. Request Approval of the Joint Participation Agreement Between the City and the
Iowa Department of Transportation for the Job Access/Reverse Commute Project
Presented for City Council’s consideration is a request to approve a joint
participation agreement between the city and the Iowa Department of
Transportation for the Job Access/Reverse Commute Project. For fiscal year
2003/2004, the funding ceiling has been raised from $50,000 to $55,000 for this
project. If approved, the $55,000 project cost would be split equally by the state
and the city at $27,500. The program provides job related transportation and
some general public transportation for evening and weekend services. On an
average, we have 500 rides per month.
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At this time City Council could take action to approve the joint participation
agreement between the City of Muscatine and the Iowa Department of
Transportation for the Job Access/Reverse Commute Project.
Q. Request Approval of the Joint Participation Agreement Between the City and the
Iowa Department of Transportation for the NonUrban Capital Assistance
Program
Presented for City Council’s consideration is a request to approve the joint
participation agreement between the City of Muscatine and the Iowa Department
of Transportation for the nonurban capital assistance program. With Council’s
approval, the program will allow for $144,420 of federal funds to be used for the
purchase of three of the four buses programmed for the transit operation for
fiscal year 2003/2004.
At this time City Council could take action to approve a joint participation
agreement between the City of Muscatine and the Iowa Department of
Transportation for the nonurban capital assistance program.
R. Request Approval of the Joint Participation Agreement Between the City and the
Iowa Department of Transportation for State Transit Assistance
Presented for City Council’s consideration is a request to approve a joint
participation agreement between the City of Muscatine and the Iowa Department
of Transportation for state transit assistance. Each year the city receives
assistance from the State of Iowa for transitrelated activities. This year $137,980
is available to the city for operation expenses for 2003/2004.
At this time City Council could take action to approve the joint participation
agreement between the City of Muscatine and the Iowa Department of
Transportation for state transit assistance.
S. Request Approval of the Joint Participation Agreement Between the City and the
Iowa Department of Transportation for Federal NonUrban Operating Assistance
Presented for City Council’s consideration is a request to approve a joint
participation agreement between the City of Muscatine and the Iowa Department
of Transportation for federal nonurban operating assistance. Each year the city
receives federal funds through the Iowa Department of Transportation to assist in
operational expenses for the transit operation. This year the city anticipates
receiving $105,912 for fiscal year 2003/2004.
At this time City Council could take action to approve the joint participation
agreement between the city and the Iowa Department of Transportation for
federal nonurban operating assistance.
T. Request Authorization to Issue a Purchase Order for Painting of the Public
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Works Quonset Hut and Storage Shed
Presented for City Council’s consideration is a request for authorization to issue
a purchase order for painting of the Quonset hut and storage shed at Public
Works. Included in this year’s fiscal budget is $15,000 for this improvement. A
total of five bids were received with the low bid being submitted by Grace
Painting of Columbus Junction, Iowa, in the amount of $8,700.
At this time City Council could take action to authorize the issuance of a
purchase order to Grace Painting in the amount of $8,700 for painting of the
Quonset hut and storage shed at Public Works.
U. Request Approval of an Agreement Between the City and the Iowa Department
of Transportation for a State Recreational Trails Project
Presented for City Council’s consideration is a request to approve an agreement
between the city and the Iowa Department of Transportation for a state
recreational trails project. Previously the City Council received an update from
staff and approved the submittal of a concept statement to the IDOT for trail
construction assistance. At this time the city has received notification from the
state that it will be authorizing $54,800 of recreational trail grant funds to be used
for this project. The estimated cost for the project is $114,968. The remaining
$60,168 will be the responsibility of the city, with $40,000 being provided through
inkind services. This would leave approximately $20,000 of expenses as yet to
be identified but would be the responsibility of the city. If approved by Council,
this project would facilitate the construction of a hiking/biking trail from Houser
Street through Kent Stein Park to Division Street. The trail would be one mile in
length and 10’ to 12’ wide.
At this time City Council could take action to approve the agreement between the
City of Muscatine and the Iowa Department of Transportation for a state
recreational trails project.
V. Request Approval to Purchase a Police Vehicle
Presented for City Council’s consideration is a request to purchase a police
vehicle. Included in this year’s fiscal budget are monies to purchase a
replacement vehicle for the department’s SUV. The city received two bids with
one bidder meeting the specifications as outlined in the bid document. Krieger
Motors has submitted a bid of $30,533 with a tradein allowance of $5,000
bringing the total price of the vehicle to $25,533. A total of $28,400 was
budgeted. Staff is recommending the purchase of this vehicle.
At this time City Council could take action to award the bid to Krieger Motors for
the purchase of a 2004 Chevy Tahoe special service vehicle for the Police
Department for a total cost of $25,533.
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W. Request Approval to Purchase Community Clock for Placement on the
Riverfront
Presented for City Council’s consideration is a request to approve the purchase
of a community clock for placement on the riverfront. Working in conjunction with
private individuals, monies have been secured for the purchase and placement of
a community clock on the Muscatine riverfront. The clock will stand 16’ 6” and will
have four clock faces and each face will have the inscription “Pearl of the
Mississippi”. The clock will be located in the round planter in front of the Pearl
City Station. The existing flagpoles will be relocated next to Pearl City Station.
Private donations will cover the entire cost of the purchase and installation of the
clock. It is necessary for the Council to authorize the issuance of a purchase
order for the clock to be purchased through the City of Muscatine.
At this time City Council could take action to approve the purchase of a
community clock for placement on the Muscatine Riverfront.
X. Request Approval of 28E Agreement Between the City and the City of Fruitland
for Law Enforcement and Emergency Services by the Muscatine Police
Department
Presented for City Council’s consideration is a request to approve a 28E
Agreement between the City of Muscatine and the City of Fruitland for law
enforcement emergency services. Last year the City Council approved a one
year contract between the City of Muscatine and the City of Fruitland for these
services on a trial basis. The first year was successful for both entities and a new
contract is being recommended at this time. The contract will be effective July 1,
2003 through June 30, 2004. The contract has been adjusted to reflect the
increased cost of service as linked to the city’s recently negotiated contract
settlement with the police department union. Overall the city will receive $30,340
to be paid in quarterly payments.
At this time City Council could take action to approve the 28E agreement
between the City of Muscatine and the City of Fruitland for law enforcement and
emergency services by the Muscatine Police Department.
13. COMMUNICATIONS RECEIVE AND FILE
A. Muscatine County Board of Supervisors – July 7 & 14, 2003
B. Art Center Board of Trustees – July 17, 2003
C. Library Board of Trustees – June 18, 2003
D. Muscatine Community School District – July 14, 2003
E. BiState Regional Commission
F. Zoning Board of Adjustment – May 6, 2003
G. Board of Water, Electric, and Communications Trustees – June 24, 2003
H. MP&W Operating Reports – Communications Utility – June 2003
I. MP&W Operating Reports – Water Utility – June 2003
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J. MP&W Operating Reports – Electric Utility – June 2003
K. MP&W YeartoDate Operating Results – June 30, 2003
L. NFPA Fire Survey Results – April and May 2003
14. APPROVAL OF BILLS
It is recommended bills totaling $1,418,841.14 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 Approval to Go Into Closed Session for Litigation Updates
17. ADJOURNMENT
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