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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, JUNE 3, 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 – May 20, 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 – AE
* 13 – AM
* Bills*
*Approval of attached Bills for Approval totaling $4,225,614.87 is subject to the
approval of any related agenda item(s).
8. PUBLIC HEARING
A. Proposed Remodeling of the Riverview Center
Previously the City Council took action to establish a public hearing for public
comments on the proposed Riverview Center. As part of the Pearl of the
Mississippi Project, the remodeling efforts for the Riverview Center will include
both interior and exterior changes. Included in the changes are making the
building fully handicap accessible, interior remodeling of public space and kitchen
area as well as restrooms and exterior improvements that include new windows
and decking. This matter had been previously reviewed with City Council and the
public at an indepth meeting.
Now is the time for the public to comment on the proposed remodeling of the
Riverview Center as part of the Pearl of the Mississippi Project.
B. Proposed Tipton Road Sewer Improvements
Previously the City Council took action to establish a public hearing for the
proposed Tipton Road Sewer Improvements. This project consists of three
lengths of sanitary sewer extending from existing sewers in the Tipton Road
area. The extensions will make sanitary sewer available within a reasonable
distance to the unserved houses and churches located between Mulberry
Avenue and the U.S. 61 Bypass. Also included is the construction of a storm
sewer intake and storm sewer extension south of the existing pump station.
Now is the time for the public to comment on the proposed Tipton Road Sewer
Improvement Project.
9. PETITIONS AND COMMUNICATIONS
A. Request on first reading for a new Class B Beer and Sunday Sales Permit for
China Buffet, 1903 Park Avenue – China Buffet of Muscatine Inc. (pending
inspections and receipt of dram shop insurance)
B. Request on second reading for a new Class C Liquor License and Sunday Sales
Permit for Escorpion Bar, 500 Mulberry Avenue – Sylvia Alicia Garcia
C. Request for renewal of a Class C Liquor License and Sunday Sales Permit for
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Habanero Grill, 201 W. 2
nd
Street – Moody International Inc.
D. Request for renewal of a Class E Liquor License and Sunday Sales Permit for
Liquor Depot of Muscatine, 1700 Park Avenue – Express Depot Inc.
E. Request for renewal of a Class C Beer and Sunday Sales Permit for Cigarette
Outlet #8, 426 E. 2
nd
Street – Cigarette Outlet Inc.
10. FROM THE MAYOR
A. Proclamation Declaring July 10, 2004 as “Miss Iowa National Preteen and
Preteen Petite Day”
B. Proclamation Declaring June 19, 2004 as “Juneteenth Day”
The above proclamations have been submitted for City Council’s consideration
and approval.
11. FROM THE PLANNING AND ZONING COMMISSION
A. Resolution Approving the Final Plat for the Cemetery Lane Subdivision in the City
of Muscatine
Presented for City Council’s consideration is a resolution approving the final plat
for the Cemetery Lane Subdivision in the City of Muscatine. The city’s Planning &
Zoning Commission has reviewed and approved a subdivision consisting of 4+
acres of land off of Logan Street and Cemetery Lane. The subdivision will consist
of five lots with four having frontage off of Logan Street. The fifth lot already has
an existing residential structure on it. This matter was tabled from the May 20,
2004 City Council meeting for action at this time.
At this time City Council could take action by resolution approving the final plat
for the Cemetery Lane Subdivision in the City of Muscatine.
12. FROM THE CITY ADMINISTRATOR
A. Second Reading of an Ordinance Amending Title 10, Chapter 2, Section 7(1)2 of
the City Code Regarding the Site Plan Review Committee
Presented for City Council’s consideration is the second reading of an ordinance
amending Title 10, Chapter 2, Section 7(1)2 of the City Code regarding the Site
Plan Review Committee. The proposed change in this ordinance would allow for
the city’s Site Plan Review Committee to be made up of representatives of the
Public Works Department, Building & Zoning and Planning & Zoning as
appointed by the City Administrator. Currently the ordinance is position specific
as far as membership on the Site Plan Review Committee. This will allow greater
flexibility in the future when reviewing site plans submitted to the city.
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At this time City Council could take action on the second reading of an ordinance
amending Title 10, Chapter 2, Section 7(1)2 of the City Code regarding the Site
Plan Review Committee.
B. Second Reading of an Ordinance Amending Title 7, Chapter 14 of the City Code
Regarding Drug Paraphernalia and Title 7, Chapter 9 Regarding Misdemeanor
Assault and Misdemeanor Theft
Presented for City Council’s consideration is the second reading of an ordinance
amending Title 7, Chapter 14 of the City Code regarding drug paraphernalia and
Title 7, Chapter 9 regarding misdemeanor assault and misdemeanor theft. The
proposed changes in the ordinance would allow for the city’s police department
to charge individuals under a city ordinance versus state statutes. This allows for
the revenues generated from the fines and penalties to be directed to the City of
Muscatine versus the State of Iowa. There would be no other changes in
enforcement activities associated with these infractions with these changes.
At this time City Council could take action on the second reading of an ordinance
amending Title 7, Chapter 14 of the City Code regarding drug paraphernalia and
Title 7, Chapter 9 regarding misdemeanor assault and misdemeanor theft.
C. Resolution Approving the Plans, Specifications, Form of Contract and
Establishing a Bid Opening Date for the Remodeling of the Riverview Center
Presented for City Council’s consideration is a resolution approving the plans,
specifications, form of contract and establishing a bid opening date for the
remodeling of the Riverview Center. Previously a public hearing was held to
receive public comments concerning these proposed improvements as part of
the Pearl of the Mississippi Project. With this action, City Council will establish a
bid opening date for June 29, 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
remodeling of the Riverview Center.
D. Resolution Accepting a Low Bid for Muscatine OwnerOccupied Housing
Rehabilitation Program
Presented for City Council’s consideration is a resolution accepting a low bid for
the Muscatine OwnerOccupied Housing Rehabilitation Program for 407 E. 6
th
Street. Two bids were submitted for the project with the low bid being submitted
by North Construction Company of Muscatine in the amount of $26,815. The
program allows for $24,999 to be utilized for the rehabilitation, and any amount
over that amount will have to be paid by the homeowner. This program also
includes funding for lead based paint control as well.
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At this time City Council could take action by resolution accepting the low bid
from North Construction Company in the amount of $26,815 for 407 E. 6
th
Street.
E. Resolution Authorizing the Mayor to Sign a Subordination Agreement for 707
Oak Street
Presented for City Council’s consideration is a resolution authorizing the Mayor
to sign a subordination agreement for 707 Oak Street. Imelda Luna participated
in the city’s 2000 rehabilitation program with a five year forgivable loan to
complete a variety of rehabilitation projects. At this time the owner wishes to
refinance the property which would require the city to sign a subordinate
agreement to the new lender. The city has taken this action before at the request
of homeowners.
At this time City Council could take action by resolution authorizing the Mayor to
sign a subordination agreement for 707 Oak Street.
F. Resolution Setting the Time and Place for a Public Hearing on the 2004 CBD
Streetscape Improvement Project
Presented for City Council’s consideration is a resolution setting the time and
place of a public hearing on the 2004 CBD Streetscape Improvement Project.
Included in the fiscal year 2004/2005 budget is $75,000 to complete the
streetscaping project on 2
nd
Street from Cedar Street to Mulberry Avenue. The
city will be working in conjunction with Muscatine Power & Water who will be
replacing and installing street lights at the same time. Prior to any other action by
Council, a public hearing is required.
At this time City Council could take action by resolution establishing a public
hearing for the 2004 CBD Streetscape Improvement Project for Thursday, June
17, 2004, at 7:00 p.m.
G. Resolution Approving the Plans and Specifications and Setting the Bid Opening
Date for the Tipton Road Sewer Extension Project
Presented for City Council’s consideration is a resolution approving the plans and
specifications and setting the bid opening date for the Tipton Road Sewer
Extension Project. Previously a public hearing was held to receive public
comment on this proposed improvement. The project consists of three lengths of
sanitary sewer extending from existing sewers in the Tipton Road area. The
extensions make sanitary sewer available within a reasonable distance to the
unserved houses and churches located between Mulberry Avenue and the U.S.
61 Bypass. If approved by Council, a bid opening date would be set for July 8,
2004 at 10:00 a.m.
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
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of bids for the Tipton Road Sewer Extension Project.
H. Resolution Accepting the Lowest Responsible Bid for the Construction of
Riverfront Development Projects
Presented for City Council’s consideration is a resolution accepting the lowest
responsible bid for the construction of riverfront development projects. As has
been previously reviewed with City Council and as part of the Pearl of the
Mississippi Project, the city had previously accepted bids for construction of
riverfront development projects. There were two bids were received. After
evaluating the bids submitted, Council is being asked to consider rejecting the
low bid from Sulzberger Excavating Inc. as not being responsible and accepting
the bid from Muscatine Bridge in the amount of $2,893,835. This price includes
the one alternate, which is the use of concrete in place of asphalt at an extra cost
of $85,000.
At this time City Council could take action by resolution accepting the lowest
responsible for the construction of riverfront development projects by first
rejecting the bid submitted by Sulzberger Excavating Inc. and accepting the bid
from Muscatine Bridge Inc. in the amount of $2,893,835.
I. Request Approval of an Agreement with the Iowa Department of Transportation
Authorizing the Use of STP Funds for Trail Construction
Presented for City Council’s consideration is a request to approve an agreement
with the Iowa Department of Transportation Authorizing the Use of STP Funds
for trail construction. The City of Muscatine has received an agreement from the
IDOT authorizing the use of federal STP enhancement funds to build the trail on
the Iowa Highway 92 bridge easterly to Spillway Lane. Enhancement money in
the amount of $120,000 has been earmarked for this project and an additional
$246,000 has been requested. In order for these funds to be used, the city must
have an agreement signed by the IDOT regarding the allocation of monies.
At this time City Council could take action to approve the agreement with the
Iowa Department of Transportation authorizing the use of STP Funds for trail
construction.
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J. Request Authorization to Issue a Purchase Order to Bryant Roofing Company for
Roof Replacement at the Musser Museum.
Presented for City Council’s consideration is a request to approve the issuance
of a purchase order to Bryant Roofing Company for roof replacement at the
Musser Museum. The facility is currently undergoing restoration work that had
previously been authorized by City Council. There is $6,068 left from the $42,000
committed for the project from the city and this would be used toward the city’s
share of the funds necessary to proceed with the roof repair project. The city
received a bid for $27,500 from the Bryant Roofing Company. The balance of
$21,432 will be provided from the Art Center Trust.
At this time City Council could take action to authorize the issuance of a
purchase order to Bryant Roofing Company in the amount of $27,500 for roof
replacement at the Musser Museum.
K. Request Approval of a Purchase Order to the Conservation Land Stewardship for
Phase I of the Restoration of the Mark Twain Overlook
Presented for City Council’s consideration is a request to approve the issuance
of a purchase order to the Conservation Land Stewardship for Phase I of the
restoration of the Mark Twain Overlook. City Council has received numerous
reports on the restoration of the Mark Twain Overlook from a community based
group that has raised monies from local contributors as well as monies from the
IDOT/IDNR. The purchase order would be in the amount of $52,548. Of that
$53,000 is being provided for this program through the IDOT/IDNR grant on a
reimbursement basis.
At this time City Council could take action to approve the issuance of a purchase
order to the Conservation Land Stewardship for Phase I of the restoration of the
Mark Twain Overlook in the amount of $52,548.
L. Request Approval to Support Capital Expenditures for Joint Communications
Presented for City Council’s consideration is a request to approve the support of
capital expenditures for joint communications. During the numerous discussions
of joint communications and the city’s level of participation for that project, it has
been assumed that the city will provide for up to 50% of the capital costs required
for the project. In order to formalize this commitment, it has been requested that
this item be placed on the agenda for formal confirmation by City Council of this
previously stated position.
At this time City Council could take action to reaffirm its decision to cost share
with Muscatine County for capital expenditures for the joint communication
project for up to 50% of those expenses.
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M. Request to Purchase State RightofWay
The city has received notification from the Iowa Department of Transportation of
the availability of state rightofway adjacent to the municipal airport for sale.
Approximately .42 acres of surplus land adjacent to the airport and U.S. Highway
61 is being made available at a cost of $100.
At this time City Council could take action to approve the purchase of property
from the Iowa Department of Transportation in an amount not to exceed $100.
N. Approval of Change Order #6 for the Municipal Airport Project
The following change order is submitted for Council’s approval for the Municipal
Airport Project. This change order includes additional concrete work totaling
$15,919. This includes additional concrete work near the fueling storage building
as well as the area in between the GPC and HNI Corporation hangars. In
addition to the concrete work, additional work was contracted through BiState
telesource in the amount of $1,921.86 for relocation of communication lines to
corporate hangars. The total for Change Order #6 will be $17,840.
At this time City Council could take action to approve Change Order #6 in the
amount of $17,840 for the Municipal Airport Project.
13. COMMUNICATIONS RECEIVE AND FILE
A. Muscatine County Board of Supervisors – May 10 & 17, 2004
B. Muscatine School Board – May 10, 2004
C. Art Center Board of Trustees – April 15, 2004 & May 20, 2004
D. Senior Resources – March 23, 2004 & April 27, 2004
E. Board of Water, Electric, and Communications Trustees – April 27, 2004
F. Zoning Board of Adjustment – May 4, 2004
G. BiState Regional Commission – April 28, 2004
H. Airport Advisory Commission – April 26, 2004
I. NFPA Fire Survey – March 2004
J. MP&W Operating Statements – Communications Utility – April 2004
K. MP&W Operating Statements – Water Utility – April 2004
L. MP&W Operating
Statements – Electric Utility – April 2004
M. City of Muscatine Financial Statements – April 2004
14. APPROVAL OF BILLS
It is recommended bills totaling $4,225,614.87 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
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16. OTHER BUSINESS
17. ADJOURNMENT
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