Muscatine council closes evidentiary hearings on East 2nd Street nuisance appeals after owners demand engineering reports

The Muscatine City Council heard evidentiary presentations and appeals on multiple nuisance-abatement orders for the 200 block of East 2nd Street on July 14 and closed the evidentiary portion of the hearing for deliberation and voting at the next meeting.

Kylie (city staff) opened the hearings and said the proceedings were being conducted under Title 9, Chapter 3 of the Muscatine City Code and that the city would present its evidence first, followed by each appellant; the council will deliberate and vote on each property at the next council meeting. "These hearings are being conducted pursuant to Title 9, Chapter 3 of the Muscatine City Code," Kylie said, explaining the scope and limits of the evidentiary process.

Nick Morgan of the Building Department told the council that structural engineers who examined the north side of the 200 block of East 2nd Street found the block structurally unsafe to occupy and that temporary shoring plans were being developed for the highest-priority buildings. "They deemed the block structurally unsafe to occupy," Morgan said, summarizing the engineers' findings and the department's current action plan.

Multiple property owners and their representatives presented appeals and pressed staff for documentation: - Matt McFadden, owner of MTMM LLC (227 East 2nd Street), said his 150-year-old building had not been inspected prior to the posting, disputed the factual basis for condemning his building and asked the council not to condemn it based on conditions in neighboring structures. - Samantha Kaufman (representing 229 East 2nd Street) said the June 29 evacuation displaced tenants and businesses and repeatedly requested any engineering reports, structural evaluations or inspection findings that justified the emergency action; she asked the city to release any reports or, if none exist, to say so publicly. - Terry Moll, who said he has lived in his building for 35 years, urged the council for answers and documentation, saying the evacuation has imperiled his life savings. - Kevin Phillips (K and R LLC) said owners need the city's documents to file with insurers and requested the reports for that purpose.

What the city said in response: Nick Morgan said two independent engineers examined the block and identified concerns with foundation conditions and shared common-wall construction; the department's immediate action is temporary shoring for priority addresses and further engineering plans are pending. "Currently, there is temporary shoring plans being made...the recommendation is to temporarily shore the buildings...and try and salvage the rest of the block," Morgan said.

What happens next: The evidentiary hearing was closed and council members were told to take the evidence under advisement; deliberation and voting on whether to affirm, modify or reverse each nuisance order will occur at the next council meeting (noted as Tuesday, July 21). Kylie reiterated that evidence is limited to what was presented at the hearing and that written appeals submitted by owners are included in the record.

Attributions and process notes: direct quotes and procedural descriptions are taken from the council meeting record and the appellants' in-person statements. No final council action was taken on the orders during the July 14 meeting; the council will vote at the next meeting.