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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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March 9, 2009 4:30 PM |
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Proclamation and Presentation of Key to the City in honor of Bob Mickle |
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INVOCATION: Chaplain John Harrell - Fire Department |
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1. ROLL CALL: Present:
Cownie, Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. |
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2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * |
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3. APPROVING CONSENT AGENDA – items 3
through 33: Moved by Vlassis 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 Vlassis to adopt. Motion Carried 7-0. |
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NEW APPLICATIONS |
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RENEWAL APPLICATIONS |
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(B) BOWLERAMA LANES |
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(C) DAHLS FOODS 3425 INGERSOLL E Liquor |
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(D) FRANCIES 2100 WAKONDA VIEW C Liquor |
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(E) HY VEE FOOD STORE |
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(F) HY VEE WINE &
SPIRITS |
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(G) |
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(H) KELLYS LITTLE NIPPER |
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(I) LIARS CLUB 216 COURT AVE C Liquor |
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(J) NAT FOOD MART |
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(K) OVATIONS FOOD SERVICES |
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(L) PAESANOS PIZZERIA 2804 SW 9TH ST C Beer/Wine |
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(M) QUIKTRIP # |
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(N) RICCELLIS SUPPER CLUB 3803
INDIANOLA C Liquor |
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(O) SUPER QUICK |
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(P) WAVELAND GOLF COURSE 4908 UNIVERSITY C Liquor |
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(Q) WINSTONS PUB AND GRILLE 601 LOCUST ST C Liquor |
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SPECIAL EVENT APPLICATION |
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(R) LIARS CLUB 216
COURT Five (5) Day
License |
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Class
C Liquor License for |
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5. Ordering construction of the following: |
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(A) High Street Realignment – |
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(B) Trestle to Trestle Trail Realignment: Receiving of bids (3-24-09), and Setting date
of hearing, (4-6-09). (Construction
Estimate - $277,750). (Council Communication No. 09-149) Moved by Vlassis to adopt. Motion Carried 7-0. |
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6. Approving execution of Iowa Department of Transportation
Agreement for |
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7. Approving Professional Services Agreement with Genus Landscape
Architects, P.C. for professional services for the Beaver Avenue Streetscape,
not to exceed $169,885. (Council Communication No. 09-140) Moved by Vlassis to adopt. Motion Carried 7-0. |
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8. Approving Professional Services Agreement with Snyder &
Associates for Design and Construction Phase services for the SE 6th
Street Widening-Court Avenue to the Des Moines River, not to exceed
$297,500. (Council Communication No. 09-141) Moved by Vlassis to adopt. Motion Carried 7-0. |
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9. Approving Change Order No. 6 with Christensen Bros., Inc. for
additional work on |
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10. Accepting completed construction and approving final payment for the following: |
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(A) Jensen Construction Co. and United
Contractors, Inc., A Joint Venture – |
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(B) Grimes Asphalt & Paving Corp. - |
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11. Levying assessments for costs of Nuisance Abatement – NAC
Emergency Orders (Community Development) Schedule No. 2009-05.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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12. Establishing Fair Market Value of |
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13. Release of Irrevocable Letter of
Credit No. 12012006A in amount of $56,128 from First National Bank as
security for completion of a portion of the required improvements which have
been satisfactorily completed and recommend that security for such
improvements be reduced and partially released to a new balance with
Irrevocable Letter of Credit No. 02192009A in the amount of $14,032 for
Sawyer’s Landing Plat l. (Council Communication
No. 09-136) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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14. Release of PUD Restoration Bond
#IAC73839 from Merchants Bonding Company in amount of $41,287 as security for
completion of required grading and site restoration improvements for
Drake-Hubbell Housing development. (Council Communication
No. 09-135) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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15. Approving seven Tax Abatement
applications for additional value added by improvements made in 2008. (Council Communication
No. 09-131) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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16. Recommendation from Mayor Frank
Cownie to appoint Jay Lettow to the Access Advisory Board, Seat 8, for a
four-year term to expire June 15, 2009 and to an additional four-year term to
expire June 15, 2013. Moved by Vlassis to adopt. Motion Carried 7-0. |
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16I Recommendation from Council Member Michael
Kiernan to reappoint Richard Thornton to the Park and Recreation Board, Seat
4, for a four-year term commencing June 30, 2007 to expire June 30, 2011.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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17. Regarding vacation of a
segment of east/west alley between E. Locust and E. Walnut Streets running 88
feet west of |
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18. On request from Menard, Inc. to
rezone property at 1201 E. Diehl Avenue from “R1-60” (One-Family Low-Density
Residential) and “C-2” (General Retail and Highway Oriented Commercial) to
Ltd. “C-2” (General Retail and Highway Oriented Commercial) to allow
expansion of existing outdoor merchandise area and roofed garden center to
north side of existing Menard’s store, subject to conditions, (3-23-09).
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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19. Payment of billings
from Hall & Associates for service related to Combined Sewer System and
Combined Sewer Overflows related to NPDES Permit and additional work on
proposed rules by IDNR. Moved by Vlassis to adopt. Motion Carried 7-0. |
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20. Approving payment of
$8,985.77 to Randy Banks for a workers’ compensation claim.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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21. Approving payment of
$14,959.27 to Sally Woodard for a workers’ compensation claim.
Moved by Vlassis to adopt. Motion
Carried 7-0. |
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22. Approving payment of $8,900
to Bajro Karic for property damage as the result of an auto accident.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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23. Submitting training requests for Bruce
Bergman, Angela Dierenfeld, Andrea Hauer, Jennifer Huisman, Dani Lisk, Dave
Lockard, Rex Sparks, and Paul Stout. (Council Communication
No. 09-158) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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24. Fiscal
Year 2006 Continuum of Care (COC) Closeout Certification Documents.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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25. CSBG
Contract (Community Action Plan) with Iowa Department of Human Rights for
2008-2009 CSBG Program Year. (Council Communication No. 09-142) Moved by Vlassis to adopt. Motion Carried 7-0. |
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26. IDOT
Agreement - Air Service Development Enhancement Grant Program for air service
development at the |
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27. Communication from Downtown Community Alliance for banner designs for the following: |
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(A) Principal Charity Classic to be displayed in downtown |
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(B) Prairie Meadows to be displayed in downtown |
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28. Bids from the following: |
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(A) Acme Printing for exception to procurement ordinance
for good cause of printing services for |
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(B) Swifts Auto Salvage for annual contract with two
(2) additional one-year renewal options to furnish junk vehicle towing
services to be used by the Neighborhood Inspection Division, $126,500. (Eights bids mailed, three received).
Moved by Hensley to defer to the March 23, 2009 meeting; refer to the
City Manager for additional information regarding details of the bid. Motion Carried 7-0. |
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(C) Jim’s Johns for annual contract with two (2) additional
one-year renewal options to furnish portable toilet rental services to be
used by the Park and Recreation Department, $30,000. (Four bids mailed, two received).
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(D) Intergraph Corporation (sole area wide distributor) for
procurement of software upgrade to the city’s I/LEADS Records Management System
and Jail Management System (RMS/JMS), $117,115. (Council Communication No. 09-153) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(E) Proctor Mechanical Corporation and Air-Con
Mechanical Corporation for annual contract with two (2) additional one-year
renewal options to furnish plumbing services related to construction and/or
maintenance of City owned sanitary sewer mains to be used by the Public Works
Department, $50,000. (Eight bids
mailed, two received). Moved by Vlassis to adopt. Motion Carried 7-0. |
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(F) Deeter Foundry for manhole castings for use by the
Public Works Department (Sewer Division), $153,200. (Ten bids mailed, four received). (Council Communication No. 09-133) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(G) POM Incorporated (sole area wide distributor)
for parking meters and parking meter equipment to be used by the Engineering
Department (Traffic & Transportation), $119,191.25. (Council Communication No. 09-144) Moved by Vlassis to adopt. Motion Carried 7-0. |
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29. Renewal
Addendum with Constellation NewEnergy – Gas Division, LLC (formerly
Cornerstone Energy) for Natural Gas Supply until March 31, 2010 and authorizing
Finance Director to execute renewal addendum and implementing
agreements. (Council Communication No. 09-160) Moved by Vlassis to adopt. Motion Carried 7-0. |
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30. Civil
Service Promotional Lists for Park Maintenance Worker, Horticulture
Inspector, and Plumbing Inspector. Moved by Vlassis to receive and file. Motion Carried 7-0. |
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31. Authorizing
Finance Director to draw checks on registers for the weeks
of March 9 and March 16, 2009; to draw checks for bills
of the Des Moines Municipal Housing agency for the weeks of March 9 and March
16, 2009, and to draw checks for bi-weekly payroll due March 13, 2009.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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32. On request from Hubbell
Realty Company to rezone |
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33. Amending Chapter 74 of the Municipal
Code establishing rental fees for the Martin Luther King Jr. Park Shelter.
Moved by Vlassis that this ordinance be considered and given second
vote for passage. Motion Carried 7-0. |
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*
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* * END CONSENT AGENDA * *
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34. Amending Chapter 114 of the Municipal
Code regarding traffic regulation changes as follows: (Council Communication
No. 09-157) Moved by Meyer that this ordinance be considered and given first
vote for passage. Motion Carried 6-1.
Absent: Coleman. |
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(A) One-side parking restrictions – Carman Estates Plat 6. |
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(B) Designation of Stop Control – |
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(C) Various minor Code corrections. |
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35. Request from Council Member Brian Meyer to
speak regarding potential development of property at 1670 E. County Line
Road, and the likely application from the property owner to amend the 2020
Community Character Land Use Plan designation from “Low Density Residential”
to “Auto-Oriented Small-Scale Strip Development” and to rezone the property
from “R1-60” (One Family Low Density Residential) to Ltd. “C-2” (General
Retail and Highway Oriented Commercial). Moved by Meyer to receive, file and proceed
through the normal application process.
Motion Carried 7-0. |
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36. Request from Council Members Brian Meyer
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(A) Petition requesting
renaming to |
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37. From Bruce Glauberg, 4020 Crestmoor,
to speak regarding dumpster enclosures. Moved by Vlassis to refer to City Manager,
Legal and Community Development for review and recommendation. Motion Carried 7-0. |
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38. From
Sarah Oltrogge, Historic East Village Inc., to speak regarding move of gas
station at |
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39. Items
regarding request from Central Iowa Shelter and Services for vacation and
conveyance of property in the vicinity of |
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(A) Final consideration of the vacation ordinance.
Moved by Coleman that this ordinance do now pass,
#14,841. Motion Carried 5-2. Nays: Cownie and
Vlassis. |
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(B) Hearing on conveyance of the property to Central Iowa
Shelter and Services, $1,000, (continued from 2-23-09). (Council Communication No. 09-146) Moved by Coleman to adopt. The City Manager will work with the
neighborhoods and other stakeholders to create a committee to develop a
strategy for neighborhood planning and implementing improvements in the
Cheatom Park and River Bend neighborhoods, the development of a Good Neighbor
Agreement, and discussions on Neighborhood Based Service Delivery. Motion
Carried 5-2. Nays: Cownie and Vlassis. |
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40. On
Proposed Tree Preservation and Mitigation Ordinance. (Council Communication No. 09-159)
Moved by Meyer to continue the hearing to the May 4th
Council meeting at 5:00 PM to allow time for additional input and give an
opportunity for the M.A.C. (Metro Advisory Council) to review. The City Manager will report back on the
following: 1) Details of the permit process. 2) Fiscal impact. 3) Description
of penalties. Motion Carried 4-3.
Nays: Cownie, Mahaffey and Vlassis. |
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WITHDRAWN |
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(A) |
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WITHDRAWN |
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(B) |
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41. On
Request from Ronald Brenizer Jr. to rezone |
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42. 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.
Moved by Meyer to adopt and approve the rezoning, subject to final
passage of the rezoning ordinance.
Motion Carried 7-0. |
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(A) First consideration of ordinance above.
Moved by Meyer 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 Council Member Meyer), requires 6 votes. Moved by Meyer 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, #14,842. Motion Carried 7-0. |
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43. On
adoption of the proposed Resolution of Necessity for Street Improvements on
Bell Avenue, from Druid Hill Drive to the Dead End East. (Council Communication No. 09-147) Moved by Hensley to adopt; use Portland
Cement Concrete and be sensitive to the design to minimize removal of trees,
shrubs and flowers. Motion Carried
6-1. Absent: Cownie. |
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(A) Petition in favor of the paving. Moved by Hensley to receive
and file. Motion Carried 6-1. Absent:
Cownie. |
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(B) Authorization for acquisition of necessary right-of-way and
easements. Moved by Hensley to adopt. Motion Carried
6-1. Absent: Cownie. |
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44. On
Southeast Connector Paving – SE 4th Street to SE 9th
Street: Resolution approving plans, specifications, form of contract documents,
Engineer’s Estimate and designating lowest responsible bidder as Elder
Corporation, (Jared Elder, President), $3,356,000. (Council Communication No. 09-156) Moved by Meyer to adopt. Motion Carried
6-1. Absent: Cownie. |
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(A) Approving contract and bond and permission to sublet. Moved
by Meyer to adopt. Motion Carried 7-0.
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(B) Approving Supplemental Agreement No. 4 to the Southeast Connector
Professional Services Agreement with Kirkham Michael & Associates to
provide construction phase services, not to exceed $215,920. (Council Communication No. 09-138) Moved by Meyer to adopt. Motion Carried 7-0. |
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45. On
2008 Storm Sewer Repair Contract 2: Resolution approving plans, specifications,
form of contract documents, Engineer’s Estimate and designating lowest
responsible bidder as The Underground Company, Ltd. (Duane Burkhardt,
President), $211,686.30. (Council Communication No. 09-150) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Mahaffey to adopt.
Motion Carried 7-0. |
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46. On
Ashworth Pool Filter Replacement: Resolution approving plans, specifications,
form of contract documents, Engineer’s Estimate and designating lowest
responsible bidder as Bergstrom Construction, Inc. (Tom Gorgas, President),
$263,700. (Council Communication No. 09-151) Moved by Hensley to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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47. On
Blank Park Zoo 2009 Walkway & Storm Sewer Replacement: Resolution
approving plans, specifications, form of contract documents, Engineer’s
Estimate and designating lowest responsible bidder as Sheets Excavating,
Ltd., (Charles Sheets, President) $116,162.50. (Council Communication No. 09-152) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond. Moved by Meyer to adopt. Motion Carried 7-0. |
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*** END HEARINGS AT 9:15 PM *** |
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48. Extending
the temporary moratorium on the creation or expansion of vehicle display lots
through June 9, 2009, pending comprehensive review of the applicable
regulations and guidelines. (Council Communication No. 09-134) Moved by Vlassis to adopt and continue the
moratorium through June 9, 2009.
Motion Carried 7-0. |
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49. Exception
to the procurement ordinance RFP process for good cause and approving
maintenance agreement with C Corporation to maintain |
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EXTRA ITEMS |
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1. Recommendation to appoint John
F. TeKippe as Fire Chief for the City of |
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MOTION TO CONVENE. Moved by Vlassis 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) 4260 SE 17th Street, main
structure and garage structure, Titleholders:
Clyde E. Burks and Betty J. Burks. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) 1705 21st Street, main structure
and garage structure, Titleholders:
Inie Clement and Augustine Akpan; Mortgage Holder: Wynn Sichting. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(C) 2100 E 23rd Street, main structure
and garage structure, Titleholder:
Tony L. Johnson; Mortgage Holders:
DLJ Mortgage Capital, Inc and Lime Financial Svcs. Ltd.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(D) 1034 27th Street, main structure,
Titleholder: Stephen A. Lipovac d/b/a
Las 2004 Rev Trust and Stephen A. Lipovac d/b/a LRR 2004 Rev Trust; Contract
Buyer: Daveyne M. Cooley. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(E) 321 Creighton, main structure and accessory
structure, Titleholder: Hamdo Jasarevic.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(F) 2905 Logan Avenue, main structure and garage
structure, Titleholder: James F.
Disney; Mortgage Holders: Fieldstone Mortgage Company and Merscorp, Inc;
Contract Buyer: Joseph E. Disney.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(G) 2321 Saylor Road, fire-damaged main
structure, Titleholders: Maria D.
Gomez and Jose Luis Jacobo-Cisneros. Moved by Vlassis to adopt. Motion Carried 7-0. |
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MOTION TO ADJOURN.
Moved by Vlassis to adjourn at 9:29 PM. Motion Carried 7-0. |