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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 23, 2009 4:30 PM |
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INVOCATION: Council Member Tom Vlassis |
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1. ROLL CALL: Present:
Cownie, Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. Mayor Cownie and Council Member Kiernan
participated in this meeting via telephone. |
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2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
Moved by Hensley to adopt.
Motion carried 7-0. |
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3. APPROVING CONSENT AGENDA – items 3
through 49: Moved by Hensley to adopt the balance of
the Consent Agenda. Motion carried
7-0. |
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4. Approving Alcoholic Beverage License Applications for the
following: Moved by Hensley to adopt. Motion carried 7-0. |
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NEW APPLICATIONS |
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(B) SCOOTERS PLACE 2301 SW 9TH ST C Liquor |
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RENEWAL APPLICATIONS |
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(C) B & B 2712 BEAVER
AVE C Liquor |
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(D) CENTRAL CITY LIQUOR |
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(E) GIT N GO STORE |
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(F) HAWKEYE PANTRY |
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(G) HOTEL FORT DES MOINES 1000 WALNUT
ST B Liquor |
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(H) INGERSOLL LIQUOR 3500 INGERSOLL E Liquor |
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(I) J BENJAMINS |
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(J) JAVA JOES COFFEEHOUSE 214 4TH ST C Beer/Wine |
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(K) LINNS SUPER MARKET 3805 6TH AVE C Beer |
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(L) MARGARET'S 3020 FOREST AVENUE C Liquor |
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(M) QUIKTRIP |
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(N) |
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(O) SCORNOVACCAS PIZZA 3900 E 14TH ST B Beer |
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(P) THAI FLAVORS 1254 E 14TH ST C Beer/Wine |
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TRANSFER TO NEW LOCATION |
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(Q) CORIGLIANOS 215 4TH ST B Beer |
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Permanent transfer from |
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OUTDOOR SERVICE APPLICATIONS |
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(R) TIM FLANAGANS 2120 INGERSOLL
C Liquor |
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Temporary in conjunction with St. Patrick’s Day Celebration on March 16-19, 2009. Pending approval of the Zoning Department. |
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5. Approving Special Class C Liquor License Beer/Wine for |
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6. City Clerk to issue Cigarette Licenses. Moved by Hensley to
adopt. Motion carried 6-1. Nays:
Cownie. |
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7. City Clerk to issue Coin Operated Machine Licenses.
Moved by Hensley to adopt.
Motion carried 7-0. |
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8. Ordering
construction of the following: |
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(A) Cownie Soccer Fields Improvements – Phase 2: Receiving of bids, (3-10-09), and Setting
date of hearing, (3-23-09).
(Construction Estimate - $477,500).
(Council Communication No. 09-121)
Moved by Hensley to adopt. Motion carried 7-0. |
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(B) Waveland Trail |
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(C) 2009 Sewer Lining Program:
Receiving of bids, (3-10-09), and Setting date of hearing,
(3-23-09). (Construction Estimate -
$5,218,800). (Council Communication No. 09-122)
Moved by Hensley to adopt.
Motion carried 7-0. |
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9. Approving completion and acceptance of private construction
contract for sanitary and storm sewer improvements, Airport Industrial Park
Plat 2, between The Underground Company, Ltd. and |
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10. Accepting completed construction and approving final payment and
approving Supplemental Contract in amount of $10,379 for Police Station
Emergency Generator, Stroh Corporation. Moved by Hensley to adopt. Motion carried 7-0. |
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11. Accepting completed construction and approving final payment for
Elder Corporation – Evelyn K. Davis Park Improvements. Moved by Hensley to
adopt. Motion carried 7-0. |
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12. Levying assessments for cost of Nuisance Abatement-NAC
Emergency Orders for Public Works – Schedule No. 2009-04. Moved by Hensley to
adopt. Motion carried 7-0. |
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13. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater
Utility Fees for January 2009. Moved by Hensley to adopt. Motion carried 7-0. |
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14. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater
Utility Credits for January 2009. Moved by Hensley to adopt. Motion carried 7-0. |
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15. Establishing Fair Market Value of 5833
Pleasant Drive for the Waveland Trail Project – Phase 1. (Council Communication
No. 09-110) Moved by Hensley to
adopt. Motion carried 7-0. |
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16. Release of Subdivision Improvement
Bond No. IAC 25265 from Merchants Bonding Company in amount of $18,005 as
security for completion of required improvements for Easter Lake Pointe Plat
1. (Council Communication
No. 09-090) Moved by Hensley to
adopt. Motion carried 7-0. |
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17. Release of Subdivision Improvement
Bond No. IAC 35624 from Merchants Bonding Company in amount of $8,282 as
security for completion of required sidewalks and recreation trail
improvements for Carman Estates Plat 3.
(Council Communication
No. 09-089) Moved by Hensley to
adopt. Motion carried 7-0. |
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18. Release of Irrevocable Letters of Credit
for |
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(A) Plat 1 – Letter of Credit #6020
from Regions Bank - $36,162. (Council Communication
No. 09-083) Moved by Hensley to
adopt. Motion carried 7-0. |
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(B) Plat 2 – Letter of Credit
#2321054 from Regions Bank - $57,240.
(Council Communication
No. 09-084) Moved by Hensley to
adopt. Motion carried 7-0. |
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(C) Plat 3 – Letter of Credit
#2321055 from Regions Bank - $13,229.
(Council Communication
No. 09-085) Moved by Hensley to
adopt. Motion carried 7-0. |
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(D) Plat 5 – Letter of Credit
#2002-09-02 from Liberty Bank, FSB - $21,572.
(Council Communication
No. 09-086) Moved by Hensley to
adopt. Motion carried 7-0. |
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(E) Plat 7 – Letter of Credit
#2002-09-04 from Liberty Bank, FSB - $32,920.
(Council Communication
No. 09-087) Moved by Hensley to
adopt. Motion carried 7-0. |
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(F) Plat 8 – Letter of Credit
#2002-09-05 from Liberty Bank, FSB - $36,964.
(Council Communication
No. 09-088) Moved by Hensley to
adopt. Motion carried 7-0. |
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19. Approving 392 Tax Abatement
applications for additional value added by improvements made in 2008. (Council Communication
No. 09-124) Moved by Hensley to
adopt. Motion carried 7-0. |
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20. Approving Tax Abatement applications
for additional value added by improvements completed in 2003 and 2005 for |
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21. Approving and authorizing the
execution of an agreement with Trelen J. Wilson and Linda L. Bender regarding
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22. Approving and authorizing the
execution of an agreement with Steven C. Wallace and Alyce A. Wallace
regarding |
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23. Recommendation from Council Member |
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24. Recommendation from Council Member Michael
Kiernan to appoint the following: |
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(A) Penelope
Dimery-Bragg to the Access Advisory Board, Seat 2, for a four-year term
commencing June 15, 2008 to expire June 15, 2012. Moved by Hensley to
adopt. Motion carried 7-0. |
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(B) Jon D. Cahill to the Park
and Recreation Board, Seat 3, for a four-year term commencing June 30, 2008
to expire June 30, 2012. Moved by Hensley to adopt. Motion carried 7-0. |
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25. On request from Dr. Greg Peterson
to rezone 16 Indianola Rd. from “R1-60” (One Family Low Density Residential)
and “R-3” (Multiple-Family Residential) to Ltd. “C-1” (Neighborhood Retail
Commercial) to allow construction of a mixed-use structure with medical and
retail uses on the first floor and residential uses on the second floor,
(3-9-09). Moved by Hensley to adopt. Motion carried 7-0. |
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26. On approval of 2008 HUD
Consolidated Annual Performance and Evaluation Report (CAPER), (3-23-09).
Moved by Hensley to adopt.
Motion carried 7-0. |
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27. On Proposed Tree Preservation and
Mitigation Ordinance, (3-9-09). (Council Communication No. 09-109)
Moved by Hensley to adopt; refer to the City Manager to report on how
this ordinance would impact the Airport.
Motion carried 7-0. |
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28. Approving payment of
$7,491.10 to Joel Brown for property damage and bodily injury.
Moved by Hensley to adopt. Motion carried 7-0. |
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29. Submitting training requests for Larry
Gilmore, Kathy Kahoun, John Newman and Raymond Wilson. (Council Communication
No. 09-123) Moved by Hensley to
adopt. Motion carried 7-0. |
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30. Fiscal
Year 2006 Continuum of Care (COC) Closeout Certification documents.
Moved by Hensley to adopt.
Motion carried 7-0. |
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31. Accepting
Developer-initiated Redevelopment Proposal from Doll Distributing, LLC to
redevelop Disposition Parcel No. 28A (South of Thompson Avenue to |
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32. Resolution
expressing support for the renovation and award of new market tax credits to
the Hotel Fort Des Moines, |
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33. Application
for a 2010 Governor’s Traffic Safety Bureau Section 410 Grant to purchase
in-car video cameras and portable breath testers (PBT’s), $24,750. (Council Communication No. 09-104)
Moved by Hensley to approve.
Motion carried 7-0. |
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34. Application
for a 2010 Governor’s Traffic Safety Bureau Section 402 Grant for officer
overtime, children’s bicycle helmets and travel and training,
$166,300.32. (Council Communication No. 09-100)
Moved by Hensley to approve.
Motion carried 7-0. |
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35. Items regarding Airport Runway 13R-31L Land
Acquisition, Phase 7: |
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(A) Acceptance of real estate documents for |
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(B) Execution of Federal Aviation Administration AIP Grant
Agreement Project No. 3-19-0027-50. (Council Communication No. 09-113)
Moved by Hensley to adopt.
Motion carried 7-0. |
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36. Iowa
State Fair request for temporary head-in parking along the north side of Dean
Avenue from E. 31st Street to E. 34th Street; temporary
fencing to the sidewalk along the north side of Dean Avenue from E. 31st
Street to E. 30th Street; and “No Parking” signs in area east of
E. 34th Street (Gate 7) and Grand Avenue both north to University
Avenue and south to Walnut Street during the fair (August 10-23, 2009).
Moved by Hensley to receive, file, grant the request, and authorize
the City Traffic Engineer to post the necessary signage. Motion carried 7-0. |
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37. Reappointment
of Council Member Tom Vlassis to the Community Economic Development Steering
Committee of the National League of Cities - approving travel and additional
meetings, (sites and dates to be approved at a later date).
Moved by Hensley to adopt.
Motion carried 7-0. |
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38. Authorizing
issuance of $1,155,000 General Obligation Refunding Bonds, Taxable Series
2009A.
Moved by Hensley to adopt.
Motion carried 7-0. |
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39. Authorizing
redemption of outstanding General Obligation Bonds, Series 2001A, 2001D, and
2004A and directing notice of redemption be given. Moved by Hensley to
adopt. Motion carried 7-0. |
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(A) Authorizing issuance of $31,255,000 General Obligation
Refunding Bonds, Series 2009C. Moved by Hensley to adopt. Motion carried 7-0. |
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40. Authorizing
redemption of outstanding Public Parking System Revenue Bonds, Taxable Series
2000B, and directing notice of redemption be given. Moved by Hensley to
adopt. Motion carried 7-0. |
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(A) Authorizing form of Loan Agreement and issuance, and
securing payment of $2,845,000 Public Parking System Revenue Refunding
Capital Loan Notes, Series 2009D. Moved by Hensley to adopt. Motion carried 7-0. |
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41. Authorizing
redemption of outstanding General Obligation Bonds, Series 2001B, and
directing notice of redemption be given.
Moved by Hensley to adopt. Motion
carried 7-0. |
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(A) Authorizing issuance of $2,870,000 General Obligation
Refunding Bonds, Series 2009B (Urban Renewal). Moved by Hensley to
adopt. Motion carried 7-0. |
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42. Communication
from Downtown Community Alliance on behalf of Meredith Corporation to approve
banner design to be displayed on Locust Street in downtown Des Moines in
Spring 2009. Moved by Hensley to receive, file and
approve banner design. Motion carried
7-0. |
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43. Report
of Hearing Officer on appeal of Evaluation and Selection Committee
recommendation and approving proposal from Glaser Lawn Care, Inc. for
provision of mowing and trimming maintenance services for Municipal Housing
Agency vacant lots and authorizing City Manager to negotiate and execute
contract. (Council Communication No. 09-130)
Moved by Hensley to adopt.
Motion carried 7-0. |
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44. Bids
from various suppliers for City-wide fleet vehicles. (Council Communication No. 09-127)
Moved by Hensley to adopt.
Motion carried 7-0. |
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45. Bids from the following: |
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(A) Allen Vanguard Technologies, Inc. for procurement
of Telescopic Manipulator Poles for
Iowa’s Explosive Ordnance Disposal (EOD) Task Force Teams for use by the
Police Department, $52,944. (Council Communication No. 09-117)
Moved by Hensley to adopt.
Motion carried 7-0. |
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(B) General Dynamics Ordnance and Tactical Systems for
procurement of Military Remote Firing Systems for Iowa’s Explosive Ordnance
Disposal (EOD) Task Force Teams for use by the Police Department,
$31,500. (Council Communication No. 09-115)
Moved by Hensley to adopt.
Motion carried 7-0. |
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(C) Golden Engineering, Inc. for procurement of X-ray
Systems for Iowa’s Explosive Ordnance Disposal (EOD) Task Force Teams for use
by the Police Department, $40,656. (Council Communication No. 09-116)
Moved by Hensley to adopt.
Motion carried 7-0. |
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(D) RACOM for procurement of 700-800 MHz Portable
Radios and Accessories for Iowa’s WMD Tactical Officers (SWAT) Task Force
Teams for use by the Police Department, $320,281. (Council Communication No. 09-114)
Moved by Hensley to adopt.
Motion carried 7-0. |
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(E) ColorFX for printing of annual performance reports
for use by the City Manager’s Office, $83,006. (Eight bids mailed, four received.)
Moved by Hensley to adopt.
Motion carried 7-0. |
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46. Civil
Service Entrance List for Fire Chief and Promotional List for Fire Medic.
Moved by Hensley to receive and file.
Motion carried 7-0. |
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47. Authorizing
Finance Director to draw checks on registers for the weeks
of February 23 and March 2, 2009; to draw checks for the bills
of the Des Moines Municipal Housing Agency for the weeks of February 23 and
March 2, 2009, and to draw checks for bi-weekly payroll due February 27,
2009.
Moved by Hensley to adopt.
Motion carried 7-0. |
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48. Continuing the Downtown |
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49. On request from Hubbell
Realty Company to rezone |
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*
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* * END CONSENT AGENDA *
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50. Amending Chapter 2 of the
Municipal Code, designating the use of Runoff elections in lieu of Primary
elections for |
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(A) Final consideration of ordinance above.
Moved by Coleman 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, #14,835. Motion carried 7-0. |
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50I
Amending Section 2-62, relating
to the salary of the mayor and council members. Moved by Hensley that this
ordinance be considered and given first vote for passage. Motion carried 6-1. Pass: Cownie. |
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(A)
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, #14,836.
Motion carried 6-1. Pass:
Cownie. |
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51. Amending Chapter 90 of the
Municipal Code deleting the resident appointment position on the Municipal
Housing Agency Governing Board. Council Communication
No. 09-091) Moved by Coleman that this
ordinance be considered and given first vote for passage. Motion carried 7-0. |
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(A) Final consideration of ordinance above.
Moved by Coleman that the rule requiring that ordinances 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, #14,837.
Motion carried 7-0. |
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52. Amending Chapter 74 of the
Municipal Code establishing rental fees for the Martin Luther King Jr. Park
Shelter. (Council Communication
No. 09-098) Moved by Mahaffey that this
ordinance be considered and given first vote for passage. Motion carried 7-0. |
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53. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows: (Council Communication
No. 09-102) Moved by Hensley that this
ordinance be considered and given first vote for passage. Motion carried 7-0. |
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(A) Conversion of two-way traffic |
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(B) Delete Scott Avenue as a |
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(C) 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, #14,838. Motion carried 7-0. |
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COMMUNICATIONS/REPORTS |
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54. Request and petition from Ina Griffin,
to rename |
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WITHDRAWN |
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56. From Nancy Suby-Bohn, |
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57. On
amendment to the Annual Budget for the current fiscal year ending June 30,
2009.
Moved by Coleman 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. Moved by Coleman to adopt. Motion carried 7-0. |
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(B) Motion by the City Council to recognize as
part of the Budget, the Council’s action on the reduction of their salaries
as outlined in item 50-I. Moved by Coleman to adopt. Motion carried 6-1. Pass: Cownie. |
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58. Items regarding request from Central Iowa Shelter and Services for vacation and conveyance of property in the vicinity of 13th Street from Keosauqua Way to School Street: (Council Communication No. 09-112) |
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(A) Second consideration of the vacation ordinance.
Moved by Coleman that this ordinance be considered and given second
vote for passage. Refer to the City
Manager to respond to the following concerns in advance of the next meeting: 1. Impact on area businesses. 2.
Impact on neighborhood residents.
3. Safety of the area residents
and homeless shelter residents.
4. Products sold at area
convenience stores. 5. Concern for safety of children in the
Oakridge neighborhood. 6. Provision for access to services at the
Shelter. 7. Traffic count and safety of pedestrians
along |
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WITHDRAWN |
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(C) Hearing on conveyance of the property, to Central Iowa
Shelter and Services, $1,000, (continued from 2-9-09). Moved by Coleman to continue
to the 3-9-09 Council meeting at 5:00 P.M.
Motion carried 5-2. Nays:
Cownie and Vlassis. |
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59. On
vacation and conveyance of various portions right-of-way in the redevelopment
of three blocks adjoining the north side of |
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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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(B) Final consideration of ordinance above, (waiver
requested by Wellmark) requires 6 votes. 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, #14,839.
Motion carried 7-0. |
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60. On
lease agreement with Textron Financial Corporation for rental of golf carts
for the 2009 golf season. Council Communication No. 09-097)
Moved by Hensley to adopt.
Motion carried 7-0. |
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(A) Authorization for execution of lease. Moved by Hensley to
adopt. Motion carried 7-0. |
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61. On
the City’s plan to spend CDBG Neighborhood Stabilization Program Funds. (Council Communication No. 09-105)
Moved by Coleman to adopt.
Motion carried 7-0. |
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(A) Concurrent Notice to the public of Finding of No
Significant Impact on the Environment and Request for Release of Funds from
the Iowa Department of Economic Development for funds from the Federal
Neighborhood Stabilization Program. (Council Communication No. 09-128)
Moved by Coleman to adopt.
Motion carried 7-0. |
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62. On
assessment of $1,500 penalty and 30-day suspension of Beer Permit and Liquor
License for USA Petroleum LLC, 727 SE 14th Street, for violation
of Iowa Alcoholic Beverage Laws. Moved by Kiernan to adopt. Motion carried 7-0. |
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63. On
assessment of $500 penalties to N.L.S. LLC and to Joe San Moris, Inc. for violation
of Iowa Alcoholic Beverage Laws. Moved by Kiernan to adopt. Motion carried 7-0. |
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*** END HEARINGS AT 7:49 P.M. *** |
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APPROVING |
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64. Amendment
to Schedule of Fees for Cemeteries under Chapter 34 of the Municipal
Code. (Council Communication No. 09-101) Moved
by Hensley to adopt. Motion carried
7-0. |
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65. FY 2008-09 Annual Right-Of-Way Management Fee. (Council Communication No. 09-103) Moved by Hensley to adopt. Motion carried 7-0. |
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66. Establishing
Fair Market Value of property located at |
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(A) Authorization to proceed with Request for Proposals (RFP) to initiate Design Services for the Fire Protection Maintenance and Training Facility and Central Fire Station Replacement. (Council Communication No. 09-119) Moved by Meyer to adopt. Motion carried 7-0. |
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67. Amendment to Municipal Parking Facilities Agreement for Management Services with Ampco System Parking. (Council Communication No. 09-129) Moved by Hensley to adopt. Motion carried 7-0. |
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EXTRA ITEMS |
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1. Request
from Steve Jackson, |
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MOTION TO CONVENE Moved
by Hensley that the City Council adjourn and convene as a Board of
Health. Motion carried 7-0. |
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APPROVING: |
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1. The Legal Department to proceed with court action seeking authority to abate the public nuisance at the following locations: |
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(A) 1715 Casady Drive, structure, Titleholder: K & N Real Estate Solutions, LLC, Mortgage Holder: Clarke County State Bank. Moved by Hensley to adopt. Motion carried 7-0. |
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(B) Number not used. |
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(C) 1515 11th Street, main structure and garage structure, Titleholder: Nicole Reimers; Mortgage Holder UM Capital, LLC (This property was presented on the 1/26/2009 Board of Health agenda as Roll Call No. 09-141; however the Titleholder was incorrectly listed). Moved by Hensley to adopt. Motion carried 7-0. |
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(D) 1708 21st Street, structure, Titleholder: Tristan Frank d/b/a KF Partnership. Moved by Hensley to adopt. Motion carried 7-0. |
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(E) 1535 24th Street, structure, Titleholders: Joseph M. McDermott, Jr., Jill McDermott, Joseph McDermott, Sr., Barbara McDermott, Betty L. Halsted, Frieda L. Shearer, Sanford M. Shearer; Contract Buyer: Robert Cortlandt. Moved by Hensley to adopt. Motion carried 7-0. |
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(F) 2305 E 37th Street, flood-damaged structure, Titleholders: Carmen R. Abonce a/k/a Carmen Trujillo, and Pablo Abonce; Mortgage Holder: Deutsche Bank, National Trust Company, as Trustee, in Trust for the Registered Holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R1. Moved by Hensley to adopt. Motion carried 7-0. |
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2. The release of the fire
escrow account held for the structure located at |
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COMMUNICATION |
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3. Regarding demolition cost
reserve being held by State Farm Mutual Insurance Company for the
fire-damaged structure located at |
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MOTION TO ADJOURN Moved
by Hensley to adjourn at 8:21 P.M.
Motion carried 7-0. |
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1949 1976 1981 2003 |
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