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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
th
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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