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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 18, 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
     
     
    A. Swearing In of Mayor O’Brien and Councilmembers Trent, Fitzgerald, Day and
    Shihadeh
     
    At this time Mayor Dick O’Brien and Councilmembers Bill Trent, Phil Fitzgerald,
    Scott Day and Councilmember­Elect Osama Shihadeh will be sworn in to office
    for terms effective January 1, 2004.
     
    6. MINUTES ­ APPROVAL
     
     
    A. Regular City Council Meeting – December 4, 2003
    B. In­Depth City Council Meeting – December 11, 2003

     
     
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    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.
     
    * 9 – A
    * 13 – A­F
    * Bills*
     
    *Approval of attached Bills for Approval totaling $1,250,432.66 is subject to the
    approval of any related agenda item(s).
     
    8. PUBLIC HEARING
     
     
    A. Proposed Utility Easement for Cobblestone Place – Part I
     
    Previously the City Council took action to establish a public hearing for a
    proposed utility easement for 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 this area for
    single­family homes. The flexibility associated with this type of development
    warrants the vacation of existing but underdeveloped street right­of­way and
    perimeter utility easements. Prior to any formal action being taken on this matter,
    a public hearing is required.
     
    Now is the time for the public to comment on the proposed utility easement for
    Cobblestone Place – Part I.
     
    B. Proposed Concession Agreement
     
    Previously the City Council took action to establish a public hearing on the
    proposed concession agreement between the City of Muscatine and Big 10
    Concessions for a five­year time period. The concession agreement would run
    for five years beginning January 1, 2004 and ending December 31, 2008. The
    concession services would be for concession locations at Kent Stein Park, the
    Muscatine Soccer Complex, and the new aquatic center currently under
    construction. The agreement calls for the concession owner to provide for the
    services as directed by the city, supplying labor, concessions, and supervisory
    staff for all three locations. In return the city will receive 20% of the gross receipts
    for each of the five years. Because of the proposed length of the contract for
    services, a public hearing is required.
     
    Now is the time for the public to comment on the proposed five­year concession
    agreement between the City of Muscatine and Big 10 Concessions.

     
     
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    9. PETITIONS AND COMMUNICATIONS
     
     
    A. Request for renewal of a Class C & BW Beer & Wine Permit for Fareway Store
    #998, 2100 Cedar Plaza Drive – Fareway Stores Inc.
     
    B. Request Approval of Burn Permit
     
    Presented for City Council’s consideration is a request that the city has received
    from Larry Duvall, 116 Lord Avenue. Mr. Duvall is requesting a joint burn permit
    for himself and his neighbor, Jeff Lee. They are requesting a 30­day permit
    beginning as soon as possible to accommodate a large amount of debris
    associated with both properties.
     
    At this time City Council could take action to consider a request from Larry
    Duvall, 116 Lord Avenue, for a 30­day burn permit.
     
    10. FROM THE MAYOR
     
     
    A. Appointment of Bob Howard to the Planning & Zoning Commission
     
    At this time City Council could take action to approve the appointment of Bob
    Howard to the Planning & Zoning Commission.
     
    11. FROM THE PLANNING AND ZONING COMMISSION
     
     
    A. Resolution Approving the Preliminary Plat for Cobblestone Ridge
     
    Presented for City Council’s consideration is a resolution approving the
    preliminary plat for Cobblestone Ridge. On November 11, 2003, the city’s
    Planning & Zoning Commission reviewed and approved the Cobblestone Ridge
    preliminary plat (72 lots). The 72­lot preliminary plat is in conformance with the
    residential district of the area and would comply with single­family residential
    standards. An on­site storm water retention area is being provided.
     
    At this time City Council could take action by resolution approving the preliminary
    plat for the Cobblestone Ridge Subdivision.
     
    B. Resolution Approving the Final Plat for Cobblestone Ridge – Phase I
     
    Presented for City Council’s consideration is a resolution approving the final plat
    for the Cobblestone 7­Lot Final Plat – Phase I. In addition to the Cobblestone 72­
    lot preliminary plat, it is proposed that Cobblestone Drive be extended in a
    northerly direction to provide access to this seven­lot subdivision. Due to
    previous development plans for the area, it will be necessary to vacate the
    platted utility easements. The developer intends to start several model homes yet
    this construction season and is therefore asking approval of this first phase of the

     
     
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    development. This matter has previously been reviewed by the city’s Planning &
    Zoning Commission and approved for Council’s consideration.
     
    At this time City Council could take action by resolution approving the final plat of
    the Cobblestone Ridge – Phase I Subdivision.
     
    12. FROM THE CITY ADMINISTRATOR
     
     
    A. First Reading of an Ordinance Establishing a TIF District
     
    Presented for City Council’s consideration is the first reading of an ordinance
    establishing a TIF District. As part of the City of Muscatine’s commitment for
    providing tax increment finance development incentives to Cedar Development,
    LLC, it is necessary to establish a tax increment finance district to comply with
    this agreement. Previously the city entered into an agreement to provide this
    incentive in exchange for the voluntary annexation of approximately 105 acres in
    the northeast quadrant of the community. Planned development includes retail,
    commercial, light industrial and a small portion for residential development. In
    order to provide this incentive, the TIF District must be created.
     
    At this time City Council could take action on the first reading of an ordinance
    providing for the division of taxes levied on taxable property in the Northeast
    Urban Renewal Area of the City of Muscatine pursuant to Section 403­19 of the
    Code of Iowa.
     
    B. Resolution Approving Vacation of Utility Easement in Cobblestone Place
     
    Presented for City Council’s consideration is a resolution approving the vacation
    of a utility easement in Cobblestone Place. Previously a public hearing was held
    to receive public comment on the proposed utility easement for Cobblestone
    Place – Part I. The original four­lot subdivision known as Cobblestone Place –
    Part I was created in 1996. The developers intend to replat this area for single­
    family homes. The flexibility associated with this type of development warrants
    the vacation of existing but underdeveloped street right­of­way and perimeter
    utility easements to fit into the current development plans.
     
    At this time City Council could take action by resolution approving the vacation of
    utility easement in Cobblestone Place.
     
    C. Resolution Setting Time and Place of a Public Hearing for a Development
    Agreement
     
    Presented for City Council’s consideration is a resolution setting the time and
    place of a public hearing for a development agreement between the City of
    Muscatine and Cedar Development, LLC. As reviewed with City Council at the
    December In­Depth Meeting, a development agreement is being proposed
    between the City of Muscatine and Cedar Development, LLC, to provide tax

     
     
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    increment finance assistance for infrastructure development of the property. In
    concurrence with the city’s policy concerning the use of tax increment financing,
    the agreement calls for the use of up to 50% of the increment to be used by the
    developer for infrastructural improvements on site. This will exclude any
    residential development activities. The agreement will also call for a provision in
    which the developer will have the option to implement the agreement for a 10­
    year period at any time during the 20­year life of the tax increment finance
    district. The developer will receive no more than 50% of the increment generated
    by the tax increment finance district for any longer than 10­year period. Prior to
    any formal agreement being reached by the city and Cedar Development, LLC, a
    public hearing is required.
     
    At this time City Council could take action by resolution establishing a public
    hearing for the development agreement between the City of Muscatine and
    Cedar Development, LLC, for Thursday, January 8, 2004, at 7:00 p.m.
     
    D. Request Approval of Concession Agreements
     
    Presented for City Council’s consideration is a request to approve a concession
    agreement. Previously the City Council conducted a public hearing to receive
    public comment on the proposed approval of a concession agreement between
    the City of Muscatine and Big 10 Concessions. The proposed agreement would
    be five years in length and would have the city receive 20% of the gross sales for
    each of the five years.
     
    At this time City Council could take action to approve the concession agreement
    between the City of Muscatine and Big 10 Concessions.
     
    E. Request Approval of Health Insurance Renewal
     
    Presented for City Council’s consideration is a request to approve the health
    insurance renewal. In previous communications and review sessions with
    Council, changes in the city’s health insurance program have been provided and
    reviewed with City Council. Also, through the process of collective bargaining, the
    city has reached an agreement with two of the city’s collective bargaining units
    for changes in the health insurance program. The changes involve raising the
    deductible from $200 to $300 for single coverage and $400 to $600 for family
    coverage. The annual out­of­pocket maximums will also be increased from $500
    to $600 for single coverage and from $1,000 to $1,300 for family coverage.
     
    At this time city Council could take action to approve the health insurance
    renewal policy for the calendar year 2004.

     
     
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    F. Request Approval of Grant Writing Service Agreement
     
    Presented for City Council’s consideration is a request to approve a grant writing
    service agreement. Earlier this year the City Council recognized changes in
    structural and organization arrangements within the city to assist in saving
    additional funds as reduced by the state legislature. One recommendation
    brought forward to Council and approved was the contracting of services for the
    Muscatine Police Department grant writing activities. The agreement being
    presented for Council at this time would be between Torgerson Associates and
    the City of Muscatine and would call for a specific dollar amount for the first year
    of the two­year agreement and then that amount being increased by a specific
    percentage as linked to the city’s health and dental insurance costs. The
    agreement would be for a two­year period and would be renewed for an
    additional two­year period upon a mutual agreement between the city and
    Torgerson Associates.
     
    At this time City Council could take action to approve the grant writing service
    agreement between the City of Muscatine and Torgerson Associates.
     
    G. Request Approval of Water Main Extension Agreement
     
    Presented for City Council’s consideration is a request to approve a water main
    extension agreement between the City of Muscatine and Muscatine Power &
    Water. At the City Council’s December In­Depth Meeting, the agreement was
    reviewed with City Council outlining the responsibilities of both parties on the
    proposed upcoming south end water main extension program. The agreement
    calls for the City of Muscatine to provide for the funding for the project and in
    return Muscatine Power & Water will provide for the design, construction and
    oversight of the project.
     
    At this time City Council could take action to approve the request of a water main
    extension agreement between the City of Muscatine and Muscatine Power &
    Water.
     
    13. COMMUNICATIONS ­ RECEIVE AND FILE
     
     
    A. Muscatine County Board of Supervisors – November 24 & December 1, 2003
    B. Art Center Board of Trustees – November 20, 2003
    C. Planning & Zoning Commission – November 11, 2003
    D. Bi­State Regional Commission – November 19, 2003
    E. Fire Department NFPA Survey – July, August, September October & November
    2003
    F. Police Department Monthly Report – November 2003

     
     
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    14. APPROVAL OF BILLS
     
    It is recommended bills totaling $1,250,432.66 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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