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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
    1
    st
    Ward
     
    Bill Trent
    5th Ward
     
     
    2005 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 6 & 20 July 7 & 21 January 13 July 14
    February 3 & 17 August 4 & 18 February 10 (None in August)
    March 3 & 17 September 1 & 15 March 10 September 8
    April 7 & 21 October 6 & 20 April 14 October 13
    May 5 & 19 November 3 & 17 May 12 November 10
    June 2 & 16 December 1 & 15 June 9 December 8
      
     
     
     
    AGENDA
     
    THURSDAY, FEBRUARY 17, 2005, 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 – February 3, 2005
    B.
     
    Budget Meetings – February 1, 2, 5, 8 & 9, 2005
     
    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

     
     
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    so requests, in which event the item will be removed from the Consent Agenda and considered in
    its normal sequence from the Agenda.
     
    * 9 – B­D
    * 13 – A­F
    * Bills*
     
    * Approval of attached Bills for Approval totaling $1,278,027.27 is subject to the approval of
    any related agenda item(s).
     
    8.
     
    PUBLIC HEARING
     
     
    A.
     
    Proposed Annexation of Approximately 32.141 Acres of Real Estate
     
    The City of Muscatine has been working with Gary Karkosh, owner of said real estate, as
    part of the voluntary annexation of this property into the city limits. The annexation has been
    reviewed and approved by the Planning & Zoning Commission and prior to any formal
    action by Council, a public hearing is required.
     
    Now is the time for the public to comment on the proposed annexation of approximately
    32.141 acres of real estate into the City of Muscatine.
     
    9.
    PETITIONS AND COMMUNICATIONS
     
     
    A.
     
    Request on second reading for a new Class C Beer and Sunday Sales Permit for Lange’s
    Marine, 608 E. Harbor Drive – D&C Werner, LLC (pending inspections)
     
    Presented for City Council’s consideration is the second reading for a new Class C Beer and
    Sunday Sales Permit for Lange’s Marine, 608 E. Harbor Drive – D&C Werner, LLC
    (pending inspections). If approved by Council, this would allow for packaged sales for
    consumption off premise. It is intended that other convenience items will be made available
    for sale to accommodate boater needs.
     
    At this time City Council could take action on the second reading for a new Class C Beer and
    Sunday Sales Permit for Lange’s Marine, 608 E. Harbor Drive – D&C Werner, LLC
    (pending inspections).
     
    B.
     
    Request for renewal of a Class C Liquor License for Floodwaters Spirits & Provisions, 101
    W. Mississippi Drive – Floodwaters Inc.
     
    C.
     
    Request for renewal of a Class E Liquor License and Sunday Sales Permit for Wholesale
    Food Outlet #312, 807 Grandview Avenue – Nash Finch Co. (pending inspections)
     
    D.
     
    Request for renewal of a Class C Beer Permit for Fareway Store #998, 2100 Cedar Plaza
    Drive – Fareway Stores Inc. (pending inspections)
     

     
     
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    E.
     
    Request Approval to Move a House
     
    The city has received a request from Barry Sulzberger to move a house that is currently
    located at 1411 Cedar Street to 3025 W. Fulliam Avenue. The site of the relocated building
    will be on Lot 35 of the Reuben and Sarah Baker Addition – Phase IV. The owners of the
    property will notify the city a minimum of 48 hours prior to the move as required by the City
    Code.
     
    At this time City Council could take action to approve the request for the move of a house
    from 1411 Cedar Street to 3025 W. Fulliam Avenue as submitted by Barry Sulzberger, 1500
    S. Houser Street.
     
    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
     
    Presented for City Council’s consideration is a resolution setting the time and place of a
    public hearing on a proposed zoning change within the City of Muscatine. In accordance
    with the pre­annexation agreement between the City of Muscatine and Gary Karkosh,
    developer of the River’s Edge Industrial Park, the city agreed to make the appropriate zoning
    change to match the county’s I­1 (light industrial) to the city’s M­1 (light industrial) zoning
    designation. The rezoning request has been reviewed and recommended for approval by the
    Planning & Zoning Commission. Once approved, the owner intends to develop the River’s
    Edge Industrial Park with business condominiums.
     
    At this time City Council could take action by resolution setting the time and place of a
    public hearing on a proposed zoning change within the City of Muscatine for Thursday,
    March 3, 2005, at 7:00 p.m.
     
    B.
     
    Resolution Approving the Final Plat for the Meyer­Manjoine Subdivision in the City of
    Muscatine
     
    Presented for City Council’s consideration is a resolution approving the final plat for the
    Meyer­Manjoine Subdivision in the City of Muscatine. Meyer­Manjoine Inc., a land holding
    company, is the process of selling assets held by the corporation. To complete the sale and
    transfer property, a subdivision is required. Once approved, the subdivision will allow for the
    division of real estate into lots for existing commercial and light industrial uses along
    Grandview Avenue and Musser Street. The city’s Planning & Zoning Commission reviewed
    and approved this seven­lot industrial subdivision as submitted.

     
     
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    At this time City Council could take action by resolution approving the final plat for the
    Meyer­Manjoine Subdivision in the City of Muscatine.
     
    12. FROM THE CITY ADMINISTRATOR
     
    A.
     
    Resolution Approving Voluntary Annexation of Real Estate to the City of Muscatine
     
    Presented for City Council’s consideration is a resolution approving the voluntary annexation
    of real estate into the City of Muscatine. Previously the City Council conducted a public
    hearing to receive public comment on the proposed annexation of approximately 32.141
    acres of real estate within the City of Muscatine. The property is adjacent to Highway 22 and
    the intersection of University Drive. Prior to this formal action, the City Council approved a
    pre­annexation agreement with Gary Karkosh, owner of the property, which provided for the
    extension of sanitary sewer to this property and other property that had recently been
    annexed into the city as well as a commitment for rezoning actions for the property to
    continue with a like zoning designation that it is currently classified within the county.
    Appropriate notification to all other entities has been made concerning this proposed
    voluntary annexation.
     
    At this time City Council could take action by resolution voluntarily annexing certain real
    estate into the City of Muscatine.
     
    B.
     
    Resolution Setting the Time and Place of a Public Hearing on the Mad Creek and Hershey
    Avenue Pumping Stations
     
    Presented for City Council’s consideration is a resolution setting the time and place of a
    public hearing on the plans, specifications and form of contract for the rehabilitation of the
    Mad Creek and Hershey Avenue pumping stations. The city has been working with Stanley
    Consultants Inc. to prepare the plans and specifications for the rehabilitation work at these
    pumping stations. In accordance with state code, public improvement projects over $25,000
    must be subjected to a public hearing and approval of the plans and specifications.
     
    At this time City Council could take action by resolution to establish a public hearing for
    rehabilitation of the Mad Creek and Hershey Avenue pumping stations for Thursday, March
    3, 2005, at 7:00 p.m.
     
    C.
     
    Resolution Approving Contract and Bond for the Mississippi River Trail Project
     
    Presented for City Council’s consideration is a resolution approving the contract and bond
    for the Mississippi River HMA Trail Project. Previously the City Council took action to
    award the contract to Brandt Construction & Subsidiary of Milan, Illinois, in the amount of
    $718,300.75. The appropriate contract and bond have been submitted for consideration and
    approval by city staff at this time.
     
    At this time City Council could take action by resolution approving the contract and bond for

     
     
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    the Mississippi River HMA Trail Project between the City of Muscatine and Brandt
    Construction & Subsidiary of Milan, Illinois, in the amount of $718,300.75.
     
    D.
     
    Resolution Accepting Completed Work for the Muscatine Art Center Exterior Restoration
    Project and Authorizing Final Payment
     
    Presented for City Council’s consideration is a resolution accepting the completed work for
    the Muscatine Art Center Exterior Restoration Project and authorizing final payment. In the
    fall of 2003, the city awarded a contract to E&H Restoration for the restoration project. The
    work included cleaning, repairing, re­pointing masonry, and sealing stone work, painting
    trim, re­glazing windows, replacing rotted wood, and replacing 76 storm windows.
    Additional work was added to the project including work on the elevator shaft within the
    building. The final cost of the project was $89,324. The cost of the project was split equally
    between the City of Muscatine and various art center trusts. The work has been successfully
    completed and accepted by the city at this time.
     
    At this time City Council could take action by resolution accepting the completed work
    performed under the Muscatine Art Center Exterior Restoration Project and authorizing final
    payment of $4,466.20 to E&H Restoration, LLC.
     
    E.
     
    Resolution Setting Time and Place of Public Hearing on the Sale of City Property
     
    Presented for City Council’s consideration is a resolution setting the time and place of a
    public hearing on the sale of city property. The property in question is the city park known as
    Lincolnshire Village City Park consisting of approximately 1.65 acres located at the
    southeasterly corner of 2
    nd
    Avenue and Cleveland Street within the City of Muscatine. Prior
    to any formal action to offer the property for sale, the city is required to conduct a public
    hearing.
     
    At this time City Council could take action by resolution establishing a public hearing for the
    vacation and declaration of real estate as surplus and offering said real estate for sale for
    Thursday, March 3, 2005, at 7:00 p.m.
     
    F.
     
    Resolution Setting the Time and Place of a Public Hearing for the Annual Transit Funding
    Application
     
    Presented for City Council’s consideration is a resolution setting the time and place of a
    public hearing for an annual transit funding application. Each year the city submits an
    application for state and federal operational and capital support for the transit operation. This
    year’s application is applying for $164,257 of state transit assistance and $108,708 for
    federal transit assistance for operational activities in fiscal year 2005/2006. In addition, the
    city will be seeking $116,640 in federal capital assistance for two new buses and 10 rear
    vision cameras and a vehicle maintenance scanner tool. Prior to the formal application being
    submitted to the State of Iowa, a public hearing is required.
     
    At this time City Council could take action by resolution setting the time and place of a

     
     
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    public hearing for operating and capital financial assistance from the Federal Transit
    Administration and Iowa State Transit Assistance for fiscal year 2005/2006 for Thursday,
    March 17, 2005, at 7:00 p.m.
     
    G.
     
    Resolution Accepting the Agreement with the State Historical Society of Iowa for the
    FY2005 Certified Local Government Grant #2005­05
     
    Presented for City Council’s consideration is a resolution accepting the agreement with the
    State Historical Society of Iowa for the fiscal year 2005 Certified Local Government Grant
    #2005­05. Previously the City Council authorized the submission of a grant application to
    provide funding to hire a consultant and complete an intensive survey and evaluation of the
    West Hill area of Muscatine. This survey will complement a similar survey that is now being
    completed at this time in the downtown area. Both the downtown and West Hill surveys were
    included as recommendations in a planning for preservation project that was completed in
    2002 by the City of Muscatine. The grant will be in the amount of $13,941 with $9,400 being
    applied in in­kind services as a match by the City of Muscatine.
     
    At this time City Council could take action by resolution accepting the agreement with the
    State Historical Society of Iowa for the fiscal year 2005 Certified Local Government Grant
    #2005­05.
     
    H.
     
    Request to Rescind Assignment of Interest
     
    Presented for City Council’s consideration is a request to rescind an assignment of interest.
    In December 2004, the City Council took action to approve the assignment of interest
    between CCSD Inc. and Memorial’s by Michel for operations at the Greenwood Cemetery.
    At the request of Randall Geurink, owner of CCSD Inc., the city is formally being requested
    to rescind the previous agreement due to the inability of the parties to finalize their
    arrangement for that transaction to move forward.
     
    At this time City Council could take action to rescind the assignment of interest previously
    enacted on December 9, 2004 between the City of Muscatine, CCSD Inc., and Memorial’s by
    Michel.
     
    I.
     
    Request to Approve Change Order #2 for the Riverview Center
     
    Presented for City Council’s consideration is a request to approve Change Order #2 for the
    Riverview Center. The second change order for Council’s consideration on this project will
    add an additional $6,585.50 to the project cost. The change order would consist of five
    additions and two deductions from the total project. With the approval of Change Order #2,
    the total project cost will be $778,561.10.
     
     
    At this time City Council could take action to approve Change Order #2 for the Riverview
    Center.
     

     
     
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    J.
     
    Request Authorization to Enter into a Construction Management Agreement with Shoemaker
    & Haaland for the Mississippi River Trail Project
     
    Presented for City Council’s consideration is a request for authorization to enter into a
    construction management agreement with Shoemaker & Haaland for the Mississippi River
    Trail Project. The City of Muscatine is seeking outside assistance to provide construction
    administration, observation and staking services for the Mississippi River Trail Project. The
    city has worked with this firm for the design of the trail, and city staff at this time is
    recommending securing their services for these additional services. The estimated cost for
    the project will be $52,900. The fee schedule is based on 110 working days allowed by Iowa
    Department of Transportation for the contractor to complete the work.
     
    At this time City Council could take action to approve the construction management
    agreement between the City of Muscatine and Shoemaker & Haaland in an amount not to
    exceed $52,900 for construction administration, observation and staking services for the
    riverfront trail project.
     
    K.
     
    Request Authorization to Enter into a Design Engineering Agreement with Shoemaker &
    Haaland for the E. 5
    th
    Street Bridge Replacement Project
     
    Presented for City Council’s consideration is a request for authorization to enter into a design
    engineering agreement with Shoemaker & Haaland for the E. 5
    th
    Street Bridge Replacement
    Project. The city’s E. 5
    th
    Street Bridge Project has gone through a number of phases to move
    the project toward construction. Additional assistance is being requested for design and
    bidding for the project. It is anticipated that the project will be ready for an IDOT bid letting
    on August 16, 2005. Activities under the contract would include the coordination of project
    for design and bidding, review and design of bridge structural items as noted by the IDOT,
    and an aesthetic review and design of bridge barrier rails. For purposes of this agreement, it
    is being recommended that the fee should not exceed the figure of $42,450.
     
    At this time City Council could take action to approve the E. 5
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    Street Bridge engineering
    contract between the City of Muscatine and Shoemaker & Haaland in an amount not to
    exceed $42,450.
     
    L.
     
    Request to Declare City Property as Surplus
     
    Presented for City Council’s consideration is a request to declare city property as surplus.
    The city has approximately 267’ of four­inch field drag hose that it wishes to offer for sale.
    Prior to any formal action for the sale of the property, it must first be declared as surplus. A
    prospective bidder has been identified at this time.
     
     
    At this time City Council could take action to declare approximately 267’ of four­inch field
    drag hose as surplus.
     
    M.
     
    Request Authorization to Purchase Digital In­Car Video System

     
     
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    Presented for City Council’s consideration is a request for authorization to purchase a digital
    in­car video system. The Muscatine Police Department is in the process of updating the
    video equipment in the city’s squad cars. The current system utilizes the VHS system and
    would be replaced with a fully digital system for six squad cars. Along with the in­vehicle
    equipment, the system will include a server/PC, two wireless access antennas, and an
    automated DVD writer printer. Funding for the project will be supplied by the two Local
    Law Enforcement Block Grants that have already been secured. The total project cost will be
    $42,182.
     
    At this time City Council could take action to authorize the purchase of digital video
    equipment for squad cars.
     
    N.
     
    Request to Approve Labor Contract
     
    Presented for City Council’s consideration is a request to approve a labor contract between
    the City of Muscatine and Firefighter’s Local #1672. The agreement is for a three­year time
    period beginning July 1, 2005 through June 30, 2008. The agreement includes across­the­
    board increases of 2 ½, 3 ½ and 3 ½%.
     
    At this time City Council could take action to approve the three­year labor agreement
    between the City of Muscatine and Firefighter’s Local #1672.
     
    O.
     
    Request to Approve Airport Sign Purchase
     
    Presented for City Council’s consideration is a request to approve an airport sign purchase.
    The City of Muscatine through its Airport Improvement Project solicited bids from three
    companies for a new sign for the airport. The lowest responsible price submitted was that of
    Parker Signs & Graphics of Indianola, Iowa, in the amount of $9,397.15. The sign will be a
    double faced internally illuminated cabinet sign and will be visible from Highway 61.
     
    At this time City Council could take action to approve the bid submitted by Parker Signs &
    Graphics of Indianola, Iowa, in the amount of $9,397.15 for an airport sign.
     
    13.
     
    COMMUNICATIONS ­ RECEIVE AND FILE
     
     
    A.
     
    Muscatine County Board of Supervisors – January 17, 24 & 31, 2005
    B.
     
    Muscatine School Board – January 19 & 24, 2005
    C.
     
    Planning & Zoning Commission – January 11, 2005
    D.
     
    Historic Preservation Commission – January 18, 2005
    E.
     
    Art Center Board of Trustees – January 20, 2005
    F.
     
    Police Department Monthly Report – January 2005
     
    14. APPROVAL OF BILLS
     
     
    It is recommended bills totaling $1,278,027.27 be approved and that the City Council authorize

     
     
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    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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