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    MUSCATINE CITY COUNCIL
      
     
    Osama Shihadeh
    At Large
     
    Dick O'Brien
    Mayor
     
    Jerry Lange
    At Large
     
    Anne Lesnet
    2
    nd
    Ward
     
     
     
    Phil Fitzgerald
    1st Ward
     
    Bill Trent
    5th Ward
     
     
    2004 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 8 & 22 July 1 & 15 January 15 July 8
    February 5 & 19 August 5 & 19 February 12 (None in August)
    March 4 & 18 September 2 & 16 March 11 September 9
    April 1 & 15 October 7 & 21 April 8 October 14
    May 6 & 20 November 4 & 18 May 13 November 11
    June 3 & 17 December 2 & 16 June 10 December 9
     
     
     
    AGENDA
     
    THURSDAY, APRIL 15, 2004, 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 – April 1, 2004
    B. In­Depth City Council Meeting – April 8, 2004
     
    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 – A­J
    * Bills*
     
    *Approval of attached Bills for Approval totaling $946,338.63 is subject to the
    approval of any related agenda item(s).
     
    8. PUBLIC HEARING
     
     
    A. Proposed Declaration of City Property as Surplus
     
    Previously the City Council took action to establish a public hearing to declare
    city property as surplus. The city has received a request from John Timm who
    owns property adjacent to a remnant parcel owned by the city on E. 6
    th
    Street
    between Spring and Poplar streets. If both properties are combined, it will result
    in a property equaling 60’ x 140’, which will result in a buildable lot. Prior to any
    formal action by the City Council to declare this property as surplus, a public
    hearing must be held.
     
    Now is the time for the public to comment on the proposed vacation of city
    property located on the west half of Lot 9, Block 107 of the Original Town of
    Muscatine, in the general vicinity of E. 6
    th
    Street between Poplar and Spring
    streets.
     
    B. Proposed Riverfront Improvements
     
    Previously the City Council took action to establish a public hearing for
    consideration of riverfront improvements. Under the Pearl of the Mississippi
    Project as well as anticipated sanitary improvements, city staff will be preparing
    the plans, specifications, form of contract, and establishing a bid opening date for
    the construction of the riverfront development projects and sanitary sewer
    replacement. Included as part of the Pearl of the Mississippi Projects, the city will
    be relocating the existing boat launch, making parking lot improvements, trail
    extension with lighting improvements, public utility improvements, and the
    replacement of the stationary breakwater with a floating breakwater in the harbor.
    Prior to any formal action by City Council on these projects, a public hearing is
    necessary.
     
    Now is the time for the public to comment on the proposed riverfront
    improvements.
     
    9. PETITIONS AND COMMUNICATIONS
     
     
    A. Request on second reading for a new Class “C” Liquor License and Sunday
    Sales Permit for The Fiesta, 1919 Grandview Avenue – The Fiesta Inc. (pending
    receipt of dram shop insurance and fire inspections)

     
     
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    B. Request for renewal of a Class “C” Liquor License for Mike’s Hilltop Tap, 929
    Lucas Street – Mike’s Hilltop Tap Inc. (pending receipt of dram shop insurance)
     
    C. Request for renewal on a Class “B” Beer and Sunday Sales Permit for Pizza Hut
    of Muscatine, 2512 Park Avenue – Pizza Hut of Muscatine Inc.
     
    D. Hyink’s Service Center – Cigarette Permit Suspension
     
    Recently the City of Muscatine received notification from the Iowa Attorney
    General’s Office of required action against Hyink’s Service Center for their
    second conviction of illegal sale of cigarettes to minors. As a result of a second
    conviction of such an offense, Hyink’s Service Center agreed to a 30­day
    suspension of their permit to sell cigarettes. As requested by the Iowa Attorney
    General’s Office, the City Council is requested to authorize the Mayor to sign an
    order to suspend the cigarette license at this location.
     
    At this time City Council could take action to authorize the Mayor to sign an
    Order to Suspend Cigarette Sales License for Hyink’s Service Center for a 30­
    day period.
     
    10. FROM THE MAYOR
     
     
    A. Resolution of Appreciation for Senator Richard Drake
     
    At this time City Council could take action to approve the Resolution of
    Appreciation for Senator Richard Drake.
     
    B. Proclamation Declaring April 30, 2004 as “Arbor Day”
     
    C. Proclamation Declaring April 20, 2004 as “Equal Pay Day”
     
    At this time City Council could take action to approve the above proclamations.
      
    11. FROM THE PLANNING AND ZONING COMMISSION
     
     
    12. FROM THE CITY ADMINISTRATOR
     
     
    A. Resolution Authorizing the Issuance of $420,000 Urban Renewal Tax Increment
    Revenue Bonds – Hawkeye Lumber Acquisition
     
    Presented for City Council’s consideration is a resolution authorizing the
    issuance of two $420,000 Urban Renewal Tax Increment Revenue Bonds for the
    Hawkeye Lumber acquisition. The city has recently concluded its acquisition of
    the former Hawkeye Lumber site to assist the city in riverfront redevelopment
    efforts. Prior to the acquisition of the site, the City Council determined that
    proceeds from a downtown tax increment financing district would be utilized to
    pay for the property and related improvements. Under the direction of the bond

     
     
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    counsel, the city did take action to negotiate the private sale of tax increment
    financing debt with the three local lending institutions. The subsequent action
    required by bond counsel at this time would be for the authorization of the
    issuance of the $420,000 of Urban Renewal Tax Increment Revenue Bonds for
    this acquisition.
     
    At this time City Council could take action by resolution authorizing the issuance
    of $420,000 of Urban Renewal Tax Increment Revenue Bonds to finalize the
    acquisition of the Hawkeye Lumber property.
     
    B. Resolution Authorizing 2004­2005 Public Housing Agency Plan Required by HUD
     
    Presented for City Council’s consideration is a resolution authorizing the 2004­
    2005 Updated Public Housing Agency Plan as required by the Department of
    Housing and Urban Development (HUD). At City Council’s April In­Depth
    meeting, a presentation was given from city staff concerning the Plan and
    modifications contained therein. The City Council of Muscatine also serves as the
    Public Housing Agency and is thereby required by HUD to formally adopt the
    plan that was submitted previously for review.
     
    At this time City Council could take action by resolution authorizing the 2004­
    2005 Public Housing Agency Plan.
     
    C. Resolution Authorizing Issuance of Purchase Order for a John Deere Tractor to
    use at Sunset Park Apartments
     
    Presented for City Council’s consideration is a resolution authorizing the
    issuance of a purchase order for a John Deere tractor for Sunset Park. City staff
    solicited bids from three vendors for the replacement of this piece of equipment
    at Sunset Park. The lowest responsible bid was received from Muscatine Farm
    Equipment in the amount of $22,888. There was $30,000 budgeted in the public
    housing capital fund for the fiscal year 2004/2005. The equipment will be
    purchased in the next fiscal year.
     
    At this time City Council could take action by resolution accepting the bid from
    Muscatine Farm Equipment in the amount of $22,888 for a John Deere tractor for
    Sunset Park.
     
    D. Resolution Approving to Declare City Real Estate as Surplus Property
     
    Presented for City Council’s consideration is a resolution declaring city real
    estate as surplus property. Previously the City Council conducted a public
    hearing on the proposed declaration of property as surplus. The property, located
    on E. 6
    th
    Street between Spring and Poplar streets, is legally described as the
    west half of Lot 9, Block 107 of the Original Town. The adjoining property owner
    had requested the declaration of surplus in order to acquire the property to make
    it a buildable lot. Following the declaration of surplus property, the city will

     
     
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    advertise the property as available for sale.
     
    At this time City Council could take action by resolution to declare city real estate
    as surplus property.
     
    E. Resolution Approving the Plans, Specifications, Form of Contract & Establishing
    a Bid Opening Date for the Riverfront Development Projects
     
    Presented for City Council’s consideration is a resolution approving the plans,
    specifications, form of contract and establishing a bid opening date for the
    riverfront development projects. Previously a public hearing was held to receive
    public comment on the proposed improvements associated with the Pearl of the
    Mississippi Project as well as the construction of the replacement of a sewer
    interceptor on the riverfront. Overall, the plans call for the relocation of the
    current boat ramp facility on the riverfront, the construction of a new adjoining
    parking lot, the relocation of an existing frontage road to service this area, the
    replacement of a permanent breakwater with a floating breakwater wall on the
    harbor, relocation and establishment of various utilities, and the replacement of
    the current sewer interceptor from the Mad Creek Lift Station to the Papoose Lift
    Station. The bid opening date will be established for May 14, 2004 at 2:05 p.m.
     
    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
    construction of riverfront development projects.
     
    F. Resolution Accepting the Completed Work for the West 7
    th
    Street Sewer
    Replacement Project and Authorizing Final Payment
     
    Presented for City Council’s consideration is a resolution accepting the
    completed work for the W. 7
    th
    Street Sewer Replacement Project and authorizing
    final payment. As part of the city’s 1% sales tax sanitary and storm sewer
    improvement program, the Council had previously authorized the replacement of
    the W. 7
    th
    Street sewer. The bid price accepted from Sulzberger Excavating at
    the time was $72,981.50 with the actual cost being $62,698.21, resulting in a
    savings of $10,283.29. The work has been completed and inspected by the city’s
    engineering representatives and is recommended for acceptance at this time. In
    addition, final payment will be made to Sulzberger Excavating in the amount of
    $4,212.92.
     
    At this time City Council could take action by resolution accepting the completed
    work performed under the W. 7
    th
    Street Sewer Replacement Project and
    Authoring Final Payment.
     
    G. Resolution Accepting Low Bid for Muscatine Owner­Occupied Housing
    Rehabilitation Program – 1119 E. 8
    th
    Street
     
    Presented for City Council’s consideration is a resolution accepting the low bid

     
     
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    for the Muscatine Owner­Occupied Housing Rehabilitation Program for 1119 E.
    8
    th
    Street. As part of the city’s participation in the CDBG Housing Rehabilitation
    Program, the residents at 1119 E. 8
    th
    Street were eligible to participate. Bids
    were received on April 7, 2004, with three bids being submitted. The low bid was
    submitted by Carver Construction Company in the amount of $28,194.90. The
    city’s estimate for the project was $32,486.25. The grant agreement allows for
    funding of $24,999 for each housing rehabilitation action. In addition, funding is
    available for lead­based paint control for each eligible residence.
     
    At this time City Council could take action by resolution accepting the low bid for
    the Muscatine Owner­Occupied Housing Rehabilitation Program for 1119 E. 8
    th
     
    Street and awarding the bid to Carver Construction in the amount of $28,194.90.
     
    H. Resolution Approving the Corrected Contract for the Airport Terminal
    Replacement Project
     
    Presented for City Council’s consideration is a resolution approving the corrected
    contract for the Airport Terminal Replacement Project. On November 6, 2003, the
    City Council took action to approve the contract for the Airport Terminal Building
    Project in the amount of $760,743. After further review of the contract
    documents, a corrected amount has been submitted for Council’s reauthorization
    in the amount of $745,581, resulting in a reduction of $15,162. Items that were
    shown on the original bid document for information purposes were included in the
    bid analysis at that time. Upon further review, those items, which were priced
    separately, were already included in the base bid.
     
    At this time City Council could take action by resolution approving the corrected
    contract for the Airport Terminal Replacement Project between the City of
    Muscatine and Bi­State Contracting of Burlington, Iowa, in the amount of
    $745,581.
     
    I. Request Approval to Close Mississippi Drive Between Cedar Street and Iowa
    Avenue for Great River Days
     
    Presented for City Council’s consideration is a request to close Mississippi Drive
    between Cedar Street and Iowa Avenue for Great River Days. The city has
    received a request from the Muscatine Quarterback Club who will be sponsoring
    this year’s Great River Days activities for the closure of Mississippi Drive from
    Iowa Avenue to Cedar Street to facilitate this event. The closure would take place
    beginning at 6:00 a.m. on July 26, 2004 and would end at 6:00 p.m. on August 1,
    2004. The city in the past has worked with the IDOT on the closure of this portion
    of Mississippi Drive to facilitate Great River Days due to high water conditions on
    the riverfront. As a condition of the closing of this portion of the U.S. Business 61
    Highway, the city is required to provide an alternate transportation route for
    vehicles that normally travel this route. The detour route has been established
    utilizing E. 3
    rd
    Street, E. 5
    th
    Street, and Mulberry Avenue.
     

     
     
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    At this time City Council could take action to approve a request to the Iowa
    Department of Transportation to close Mississippi Drive between Cedar Street
    and Iowa Avenue for Great River Days beginning July 26, 2004 and ending
    August 1, 2004.
     
    J. Request to Approve Change Orders 1, 2 and 3 for the Airport Terminal Building
    Project
     
    Presented for City Council’s consideration is a request to approve Change
    Orders 1, 2 and 3 for the Airport Terminal Building Project. The three change
    orders submitted at this time are for additional work at the airport not originally
    included in the bid document. They include asbestos removal in the amount of
    $3,432, airport communication relocation in the amount of $24,182, and finally
    asbestos inspection ($700), roof vents ($2,125), and relocation of weather cable
    and hookup activities at temporary trailer ($1,450) for a total change order of
    $4,275. In all, the three change orders equal $31,689. In accordance with city
    policies, the changes have already occurred but it is necessary for City Council to
    take action after the fact to approve them.
     
    At this time City Council could take action to approve Change Orders 1­3 for the
    Airport Terminal Building Project.
     
    13. COMMUNICATIONS ­ RECEIVE AND FILE
     
     
    A. Muscatine County Board of Supervisors – March 22 & 29, 2004
    B. Muscatine School Board – March 22, 2004
    C. Zoning Board of Adjustment – February 3, 2004
    D. Planning & Zoning Commission – February 10, 2004
    E. Library Board of Trustees – February 18, 2004
    F. Police Department Monthly Report – March 2004
    G. NFPA Fire Survey – February 2004
    H. MP&W Operating Statement – Communication Utility – February 2004
    I. MP&W Operating Statement – Water Utility – February 2004
    J. MP&W Operating Statement – Electric Utility – February 2004
     
    14. APPROVAL OF BILLS
     
     
    It is recommended bills totaling $946,338.63 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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