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***
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The City Council
took the following action on items listed in the attached meeting agenda
summary. Copies of ordinances, resolutions and other Council action may be
obtained from the City Clerk's Office (515) 283-4209. The six-digit number
beginning with '09-' preceding each item on the agenda is a roll call number
assigned by the City Clerk. Please refer to this number when requesting
information or copies. |
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SUMMARY
OF |
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February 9, 2009
4:30 PM |
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SPECIAL PRESENTATION – 4:15 PM |
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Recognition
of the Brook Run Neighborhood Association |
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Grant Park Christian Church |
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E. |
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1. ROLL CALL:
Present: Cownie, Coleman,
Hensley, Kiernan, Mahaffey, Meyer and Vlassis. |
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I. Items regarding City’s budget reductions: |
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(A) Proposals
for provision of custodial services. (Council Communication No. 09-071) Moved by Coleman to adopt. Motion Carried 7-0. |
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(B) Maintenance
Agreement with Greater Des Moines Baseball Company (Iowa Cubs) to maintain
various athletic fields. (Council Communication No. 09-053) Moved by Coleman to adopt. Motion Carried 7-0. |
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(C) Proposal
from Animal Rescue League of Iowa to provide animal control services. (Council Communication No. 09-080) Moved by Coleman to adopt. Motion Carried 7-0. |
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(D) Proposals for provision of mowing and trimming services. (Council Communication No. 09-074) Moved by Coleman to adopt. Motion Carried 7-0. |
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(E) Diminution of employees. (Council Communication No. 09-077) Moved by Coleman to adopt. Motion Carried 7-0. |
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2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
Moved by Kiernan to adopt.
Motion Carried 7-0. |
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* * * * * * * * * * * * * * * * * * * * * * * * * * * |
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3. APPROVING CONSENT AGENDA – items 3 through 39:
Moved by Vlassis to adopt the balance of the consent agenda. Motion Carried 7-0. |
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LICENSES AND PERMITS |
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4. Approving Alcoholic Beverage
License Applications for the following: Moved by Vlassis to adopt. Motion Carried 7-0. |
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NEW APPLICATIONS |
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(A) GATEWAY
MARKET MLK 2002 |
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(B) MICHELLES
LOUNGE 3925 E 14TH ST C Liquor |
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RENEWAL
APPLICATIONS |
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(C) BAN
THAI RESTAURANT 215 E WALNUT ST C Beer/Wine |
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(D) BELLA
NOCHE 4808 SW 9TH ST C Liquor |
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(E) CENTERPLATE 1 LINE DR C Liquor |
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(F) COONEYS
TAVERN 3708 BEAVER
AVE C Liquor |
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(G) EL
AGUILA REAL 3600 BEAVER
AVE C Liquor |
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(H) FAREWAY
STORE |
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(I) FAREWAY
STORE # |
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(J) GIT
N GO STORE #28 3274 E UNIVERSITY C Beer |
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(K) HY
VEE FOOD STORE # |
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(L) SHANGRI
LA BUFFET 4349 MERLE HAY RD B Beer |
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(M) SNAKE
PIT LOUNGE |
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(N) |
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TRANSFER
TO NEW LOCATION |
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Permanent
transfer from |
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SPECIAL
EVENTS APPLICATION |
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(P) ST
ANTHONY CATHOLIC 15 INDIANOLA
Five (5) Day License |
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Class
C Beer/Wine License for event on February 20, 2009. Pending approval of the Fire Department. |
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4I Approving Special Class C Beer/Wine
renewal application for Mars Café, |
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5. City Clerk to issue
Cigarette Licenses. Moved by Vlassis to adopt. Motion Carried 6-1. Nays: Cownie. |
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6. City Clerk to issue Coin
Operated Machine Licenses. Moved by Vlassis to adopt. Motion Carried 7-0. |
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7. Ordering construction of the following: |
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(A) 2008 Storm Sewer Repair Contract 2: Receiving of bids, (2-24-09), and Setting
date of hearing, (3-9-09).
(Construction Estimate - $233,750).
(Council Communication No. 09-066) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) Blank Park Zoo 2009 Walkway & Storm Sewer
Replacement: Receiving of bids,
(2-24-09), and Setting date of hearing, (3-9-09). (Construction Estimate - $100,000). (Council Communication No. 09-068) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) Southeast Connector Paving – |
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8. Approving Professional Services Agreement with Howard R. Green
Inc., for design and construction phase services for the Jackson Basin Pump
Station and Emergency Standby Power Generation for nine existing stormwater
pump stations, not to exceed $938,900.
(Council Communication No. 09-060) Moved by Vlassis to adopt. Motion Carried 7-0. |
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9. Approving completion and recommending acceptance of the Private
Construction Contract for |
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10. Approving and authorizing execution of Federal Aviation
Administration AIP Grant Agreement, Airport East Cargo Apron
Reconstruction. (Council Communication No. 09-079) Moved by Vlassis to adopt. Motion Carried 7-0. |
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11. Authorizing Public Works Director and Mayor to execute a Letter of
Agreement and Request for Provisionally Accredited Levee (PAL) Designation
and Agreement to Provide Adequate Compliance with the Code of Federal
Regulations, Title 44, Section 65.10 with the Federal Emergency Management
Agency. (Council Communication No. 09-056) Moved by Vlassis to adopt. Motion Carried 7-0. |
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12. Approving residential paving on a portion
of |
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(A) Communication from City Manager recommending
proposed street paving using special assessments. (Council Communication No. 09-065) Moved by Vlassis to approve, receive and
file and accept the recommendation of the City Manager. Motion Carried 7-0. |
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(B) Preliminary resolution for construction.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(C) Fixing values of lots. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(D) Adopting preliminary plat and schedule,
estimate of costs and proposed plans and specifications. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(E) Proposed Resolution of Necessity, Notice to
Property Owners of Hearing and Setting Date of Hearing, (3-09-09).
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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13. Accepting completed construction and approving payment for the following: |
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(A) The Waldinger Corporation – Central
Business District Traffic Signal Upgrade. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) Herberger Construction Co., Inc. – Dean’s
Lake Storm Water Pump Station. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) Iowa Signal Inc. – |
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14. Levying assessments for cost of Nuisance Abatement-NAC
Emergency Orders for Community Development – Schedule No. 2009-03.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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15. Establishing Fair Market Value of |
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16. Approving 183 Tax Abatement
applications for the additional value added by improvements made during
2008. (Council Communication
No. 09-052) Moved by Vlassis to adopt. Motion Carried 7-0. |
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17. Approving designation and
recognition of The Brook Run Neighborhood Association in accordance with the
Neighborhood Recognition Policy. (Council Communication
No. 09-072) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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18. Communication from Patricia Nesbitt,
submitting her resignation from the Public Housing Board, Seat 4 and from the
Municipal Housing Governing Board, effective immediately. Moved by Vlassis to receive,
file and accept resignation with appreciation for her service. Motion Carried 7-0. |
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18I Recommendation from Council Member
Brian Meyer to appoint Carole Jones to the Public Housing Board, Seat 7, for
a three-year term commencing June 30, 2007 to expire June 30, 2010.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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19. On vacation and conveyance of
various portions right-of-way for the redevelopment of three blocks adjoining
the north side of Grand Avenue between 11th and 14th
Streets for Wellmark’s new home office facility, (2-23-09).
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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20. On the City’s plan to spend CDBG
Neighborhood Stabilization Program Funds, (2-23-09). (Council Communication No. 09-059) Moved by Vlassis to adopt. Motion Carried 7-0. |
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21. On lease agreement with Textron
Financial Corporation for rental of golf carts for the 2009 golf season,
(2-23-09). (Council Communication No. 09-054) Moved by Vlassis to adopt. Motion Carried 7-0. |
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22. On voluntary annexation
application from H. Dwayne Crozier for property at |
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23. On assessment of $1,500 penalty
and 30-day suspension of Liquor License for USA Petroleum LLC, 727 SE 14th
Street, for violation of Iowa Alcoholic Beverage Laws, (2-23-09).
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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24. On assessment of $500 penalties
to N.L.S. LLC and to Joe San Moris, Inc. for violation of Iowa Alcoholic
Beverage Laws, (2-23-09). Moved by Vlassis to adopt. Motion Carried 7-0. |
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25. On amendment to the Annual Budget
for the current fiscal year ending June 30, 2009, (2-23-09).
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(A) On proposed Annual Budget for
fiscal year ending June 30, 2010 and Capital Improvements Program for fiscal
years 2009-10 to 2014-15, (2-23-09). Moved by Vlassis to
adopt. Motion Carried 7-0. |
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26. Approving payment of
$832.50 to Ahlers & Cooney, L.C. for services regarding proposed Eastside
Parking Garage. Moved by Vlassis to adopt. Motion Carried 7-0. |
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27. Approving payment of
$25,280.18 to Golden Valley Supply of Iowa, L.L.C. for property damage as a
result of a damaged sewer. Moved by Vlassis to adopt. Motion Carried 7-0. |
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28. Approving payments of
settlements made by City Attorney, not exceeding $5,000. Moved by Vlassis to receive,
file and affirm settlements made by City Attorney. Motion Carried 7-0. |
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29. Submitting training requests for Percy
Coleman and Robert Kraft. (Council Communication
No. 09-062) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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30. Preliminary
Terms of Neighborhood Commercial Revitalization Loan Agreement with Indigo
Dawn, LLC, for development of |
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31. Documents
for a City Loan to Stickel Enterprises, LLC for project at |
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32. Proposal
for Insurance Agent/Broker Services with Jester Insurance Services Inc.,
$50,000 annually. (Council Communication No. 09-051) Moved by Vlassis to adopt. Motion Carried 7-0. |
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33. Receipt
of the City of |
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34. Bids from the following: |
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(A) Skold Door Company for an annual contract with two
additional one-year renewal options to furnish overhead door repair services.
(Four bids mailed, three received). Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) Ennis Paint for traffic paint per State of Iowa
Department of Transportation Contract, $28,998.20 plus freight. (Council Communication No. 09-078) Moved by Vlassis to adopt. Motion Carried 7-0. |
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35. Receipt
of the Legislative Update for the 83rd Iowa General Assembly.
Moved by Vlassis to receive and file the attached report. Motion Carried 7-0. |
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36. Civil
Service Entrance Lists for Airport Facilities Supervisor and Laboratory
Analyst II, and Promotional Lists for Private Property Clean Up Team Leader, |
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37. Authorizing
Finance Director to draw checks on registers for the weeks of February 9 and
February 16, 2009; to draw checks for the bills of the Des Moines Municipal
Housing Agency for the weeks of February 9 and February 16, 2009; and to draw
checks for biweekly payroll due February 13, 2009. Moved by Vlassis to adopt. Motion Carried 7-0. |
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38. Amending Chapter 114 of the
Municipal Code regarding Corner Clearance on the North side of |
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39. Continuing the Downtown |
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*
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* END CONSENT AGENDA *
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40. Amending Chapter 114 of the
Municipal Code submitting traffic regulation changes as follows: Council Communication
No. 09-057) Moved by Hensley that this ordinance be considered and given first
vote for passage. Motion Carried 6-1.
Absent: Cownie. |
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(A) One-Side parking restrictions – Sawyer’s Landing Plats I and II. |
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(B) One-Side parking restrictions – Carman Estates Plat 6. |
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(C) Four-Way Stop – Intersection of 13th and Mulberry. |
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(D) Final consideration of ordinance above. Moved by Hensley that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #14,833. Motion Carried 6-1. Absent: Cownie. |
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41. From Bob Wessel, 2719 E. Leach, to
speak regarding financial matters.
Moved by Vlassis to receive and file comments. Motion Carried 7-0. |
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42. On
vacation of 13th Street from Keosauqua Way to School Street,
(except the north 26 feet) and the north/south alley, west of 13th
Street from School Street to Keosauqua Way (except the north 26 feet). Council Communication No. 09-067) Moved by Hensley to adopt; with a
referral to the Plan and Zoning Commission to review the details of the site
plan regarding the following items: screening, buffering, landscaping, trash,
utilities, parking access, traffic flow, pedestrian access and building
materials. Motion Carried 5-2. Nays: Cownie and Vlassis. |
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(A) First consideration of ordinance above.
Moved by Hensley that this ordinance be considered and given first
vote for passage. Motion Carried 5-2.
Nays: Cownie and Vlassis. |
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WITHDRAWN |
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(B) |
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(C) Approving conveyance of 13th Street from
Keosauqua Way to School Street, (except the north 26 feet) and the
north/south alley, west of 13th Street from School Street to
Keosauqua Way (except the north 26 feet) to Central Iowa Shelter and
Services, $1,000. Moved by Hensley to continue to February
23, 2009 at 5:00 PM. Motion Carried
5-2. Nays: Cownie and Vlassis. |
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43. On
amendment to the Silver Leaf PUD Conceptual Plan for property at |
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44. On
request from Hubbell Realty Company to rezone property at 5525 SE 14th
Street from Ltd. “R-3” (Multiple-Family Residential) to “R-3”, removing
limitation of senior residential housing on multiple-family dwellings and
allowing up to 240 multiple-family residential units. (A Plan and Zoning Commission motion to approve the request failed by
a vote of 5-5. 6 Council votes are required to approve the request due
to the % of opposition by adjoining property owners). (Council
Communication No. 09-075) Moved by Meyer to continue to 4-20-09 at
5:00 PM; create a Task Force of neighbors to work with the City Manager and
Council Member Meyer to review and make recommendations regarding street
repairs, water control and traffic control.
Motion Carried 7-0. |
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WITHDRAWN |
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(A) |
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45. On sale of Refunding Bonds for the following (bonds will be sold on 2-11-09 and a special Council meeting will be held at 4:30 PM): (Council Communication No. 09-076) |
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(A) $35,000,000 General Obligation Refunding Bonds, (refunding
of Series 2001A, 2001D and 2004A). Moved by Hensley to adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(B) $1,300,000 General Obligation Refunding Bonds (refunding
of Taxable Series 2000E). Moved by Vlassis to adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(C) $3,300,000 General Obligation Refunding Bonds, (refunding
of Series 2001B). Moved by Coleman to adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Coleman to
adopt. Motion Carried 7-0. |
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(D) $3,900,000 Public Parking System Revenue Refunding
Capital Loan Notes, (refunding of Taxable Series 2000B). Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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46. On
conveyance of 1439-1445 E. Grand Avenue to State of Iowa – Iowa Prison
Industries, $75,000. (Council Communication No. 09-055) Moved by Meyer to adopt. Motion Carried 7-0. |
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47. On
request from Hubbell Realty Company to rezone |
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(A) First consideration of ordinance above.
Moved by Hensley that this ordinance be considered and given first
vote for passage. Motion Carried 7-0. |
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48. On
Request from Ronald Brenizer Jr. to rezone |
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49. On
Pleasant Drive Bridge over Cummins Creek:
Resolution approving plans, specifications, form of contract
documents, Engineer’s Estimate and designating lowest responsible bidder as
Herberger Construction Co., Inc., (Dean Herberger, President),
$725,505.43. (Council Communication No. 09-070) Moved by Hensley to adopt. Motion Carried 6-1. Absent: Cownie. |
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(A) Approving contract and bond and permission to sublet.
Moved by Hensley to adopt.
Motion Carried 6-1. Absent: Cownie. |
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*** END HEARINGS AT 9:10 PM *** |
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50. Submission
of four (4) CDBG Disaster Recovery Infrastructure Applications to the Iowa
Department of Economic Development. (Council Communication No. 09-063) Moved by Kiernan to adopt. Motion Carried 6-1. Absent: Cownie. |
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51. Recommendation from the City Council Employee Evaluation Sub-Committee regarding the following: |
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(A) City Manager. Moved by Vlassis to receive and file the
recommendation. Motion Carried 6-1.
Absent: Cownie. |
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(B) City Attorney. Moved by Vlassis to receive and file the recommendation. Motion Carried 6-1. Absent: Cownie. |
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(C) City Clerk. Moved by Vlassis to receive and file the recommendation. Motion Carried 6-1. Absent: Cownie. |
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(D) Human Rights Director. Moved by Vlassis to receive and file the recommendation. Motion Carried 6-1. Absent: Cownie. |
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(E) Discussion regarding City Council
compensation. Moved by Coleman to direct the City Attorney to prepare an
ordinance to decrease the Mayor’s and City Council Members’ salary by 3% as
soon as possible in accordance with state law, (Council Members’ decrease
will become effective on January 1, 2010, and the Mayor’s decrease will
become effective on January 1, 2012). Motion Carried 6-1. Absent: Cownie. |
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EXTRA ITEMS |
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These extra items are filed after 5:00 P.M. on the Wednesday preceding a Council meeting and have been included upon the Amended Agenda by the City Clerk, with sponsorship of the Mayor or a City Council Member who shall deem the item of sufficient urgency to warrant immediate Council action - said statement of urgency from the City Manager and/or appropriate Department Director shall be placed on file with the City Clerk. |
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1. Approving First Amendment to Jumpstart Housing
Assistance Program Grant Agreement with the Iowa Finance Authority (IFA) for
financial assistance to eligible residents for home repairs due to heavy
rains and flooding during 2008.
Sponsor: Mayor Cownie. (Council Communication No. 09-073)
Moved by Kiernan to approve.
Motion Carried 6-1. Absent: Cownie. |
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MOTION TO ADJOURN.
Moved by Vlassis to adjourn at 9:24 PM. Motion Carried 6-1. Absent: Cownie. |
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1949 1976 1981 2003 |
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