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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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April 20, 2009 4:30 P.M. |
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Song About Trees performed by the Downtown School Students |
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Arbor Day |
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Administrative Professionals Day |
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INVOCATION: Reverend Craig |
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Grant Park Christian Church |
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1. |
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1. ROLL CALL: Present:
Cownie, Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. Council Member Kiernan participated in the
meeting by telephone. |
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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 46: 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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(A) |
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RENEWAL APPLICAIONS |
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(C) ALL IN THE FAMILY
LOUNGE 4413 FLEUR DR C Liquor |
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(D) BARATTAS RESTAURANT |
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(F) CAFE BARATTA'S 600 E LOCUST ST C Liquor |
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(G) CAPITAL CITY MOOSE LODGE 2515
WEDGEWOOD A Liquor |
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(H) |
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(I) DES MOINES YACHT CLUB 2617 INGERSOLL C Liquor |
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(J) DJANGO RESTAURANT 1000 WALNUT
ST C Liquor |
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(K) GERRIS 232 E 30TH ST C Liquor |
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(L) GRAND PIANO BISTRO |
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(M) |
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(N) H & A MINI MART 5901 FLEUR DR C Beer |
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(O) JOHNNYS HALL OF FAME 302 COURT AVE C Liquor |
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(P) KELLEYS ON BEAVER 3606 BEAVER
AVE C Liquor |
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(Q) KRUEGERS AMOCO # |
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(R) LA FAVORITA |
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(S) LAST STOP BEVERAGE SHOP 2839 E UNIVERSITY E Liquor |
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(T) QUIKTRIP #515 1421
INGERSOLL C Beer |
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(U) RITUAL CAFE 1301 LOCUST ST C Beer/Wine |
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(W) TIM FLANAGANS 2120 INGERSOLL C Liquor |
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(X) ZEN RESTAURANT 400 WALNUT ST C Liquor |
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OUTDOOR SERVICE APPLICATIONS |
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(Y) |
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Temporary
in conjunction with Drake Relays effective April 23, 2009 through April 26, 2009. |
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(Z) UNKNOWN BAR |
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Temporary in conjunction with Drake
Relays effective April 21, 2009 through April 25, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments. |
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SPECIAL EVENTS APPLICATIONS |
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(AA) DOS RIOS 420 COURT
AVE Five (5) Day License |
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Class C Liquor License
for Cinco De Mayo event on May 2, 2009 at the 420 Court Avenue parking
lot. Pending approval of Electrical,
Fire and Police Departments. |
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(BB) HEART CONNECTION 1200 GRAND AVE
Five (5) Day License |
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Class
C Liquor License at the John and |
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(CC) GREAT CATERERS OF |
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Special
Class C Liquor License (Beer/Wine) for The Silent Auction and Teacher
Appreciation event on May 1, 2009.
Pending approval of Building, Electrical, Fire, Vice and Zoning
Departments. |
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4I Approving New Special Class C (Beer/Wine) License for
Scornovaccas Pizza, |
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4II Approving temporary
outdoor service area on May 2, 2009 for Bourbon Street, Class C Liquor
License, 500 Army Post Rd. Pending
approval of Building, Electrical, Fire and Zoning Departments. Sponsor: Council Member Meyer. Moved by
Vlassis to adopt. Motion Carried 7-0. |
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5. City Clerk to issue Coin Operated Machine Licenses.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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6. Approving execution of a 28E Agreement with |
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7. Approving execution of Iowa Department of Transportation (IDOT)
Agreement for |
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8. Approving execution of |
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9. Approving Professional Services Agreements for the following: |
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(A) OPN, Inc., a/k/a OPN Architects, Inc. for design and
construction phase services for the Fire Department Training & Logistics
Facility, not to exceed $522,226. (Council Communication No. 09-249) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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(B) Shuck-Britson, Inc. for evaluation, design, and construction
phase services for the |
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10. Authorizing execution of Iowa Department of Transportation (IDOT)
Agreement for Army Post Road Widening from SE 5th to SW 9th. Moved
by Vlassis to adopt. Motion Carried 7-0. |
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(A) Authorization to proceed with acquisition of
necessary right-of-way and easements.
(Council Communication No. 09-242) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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11. NUMBER NOT USED. |
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12. Communication from Contractors requesting permission to sublet
certain items on public improvement projects. Moved by Vlassis to adopt.
Motion Carried 7-0. |
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13. Accepting completed construction and approving final payment for the following: |
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(A) Christensen Bros., Inc. – |
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(B) The Underground Company, Ltd. – |
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(C) OMG Midwest, Inc. d/b/a Des Moines
Asphalt & Paving – 2008 Expanded Street Resurfacing Program – Contract 3.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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14. Levying assessments for costs of Nuisance Abatement-NAC Emergency
Orders (Community Development) Schedule No. 2009-09. Moved by Vlassis to adopt.
Motion Carried 7-0. |
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15. Reapproving subdivision plat entitled
Hayes Addition to Capitol Heights No. 2 located in unincorporated |
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16. Approving separate agreements with
Iowa Department of Transportation (IDOT) and Hy-Vee, Inc., regarding the
construction of a signalized intersection on Douglas Avenue at the entrance
of the proposed Hy-Vee Store, west of Beaver Avenue, and granting
authorization to proceed with acquisition of necessary right-of-way. (Council Communication
No. 09-243) Moved by Vlassis to adopt. Motion Carried 7-0. |
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16I Recommendation from Council
Member Hensley to appoint Lynn Fallon to the Public Housing Board, Seat 6,
for a three-year term commencing June 30, 2008 to expire June 30, 2011.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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COMMUNICATIONS FROM PLANNING AND ZONING |
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17. Regarding request from
Baker Real Estate, LP (owner) represented by Bernice Baker (partner) for review
and approval of “Cold Stream Business Park”, a preliminary subdivision plat
of property at 4500 Hubbell Avenue for creation of nine (9) lots on 49.67
acres of land with extension of a public street from Hubbell Avenue, subject
to revising plat. Moved by Vlassis
to receive and file. Motion Carried
7-0. |
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18. On request from
William Stowe, Wastewater Reclamation Authority for vacation of segments of
undeveloped street right-of-way for development of proposed Combined Sewer
Solids Separation Facility in the vicinity of SE 24th Court from C
B & Q Street north to Burlington Northern and Santa Fe Railroad, and C B
& Q Street from SE 24th Court east to Burlington Northern and
Santa Fe Railroad subject to provision of easements for any existing
utilities until they are relocated. Moved by Vlassis to receive and file and
refer to the Engineering Department, Real Estate Division. Motion Carried 7-0. |
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19. On conveyance of |
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20. On the following items regarding General Obligation Bonds, (5-4-09): (Council Communication No. 09-220) |
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(A) Resolution electing classifications and
procedures for proposed bond projects. Moved by Vlassis
to adopt. Motion Carried 7-0. |
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(B) On issuance of not to exceed
$15,895,000 (for Essential Corporate Purposes) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) On issuance of not to exceed
$3,100,000 (for Urban Renewal Purposes)
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(D) On issuance of not to exceed
$695,000 (for General Corporate Purposes)
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(E) On issuance of not to exceed
$995,000, (for General Corporate Purposes) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(F) On issuance of not to exceed
$555,000 (for General Corporate Purposes)
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(G) On issuance of not to exceed
$770,000 (for General Corporate Purposes)
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(H) On issuance of not to exceed
$995,000 (for General Corporate Purposes)
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(I) On issuance of not to exceed
$815,000 (for General Corporate Purposes)
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(J) On issuance of not to exceed
$1,000,000 (for General Corporate Purposes) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(K) On issuance of not to exceed
$1,000,000 (for General Corporate Purposes) Moved by Vlassis to adopt. Motion Carried 7-0. |
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21. On Farm Lease Agreement with
Robert Campfield for approximately 241 acres in the Des Moines Agrimergent
Technology Park, SE 43rd Street and Vandalia Rd., (5-4-09).
Moved by Vlassis to adopt. Motion Carried 7-0. |
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22. On 22nd Amendment to the Restated
Urban Revitalization Plan for the City-Wide Urban Revitalization Area, to
amend qualifying criteria for the Downtown East New Office construction tax
abatement, (5-18-09). (Council Communication No. 09-218) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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23. On appeal from Edward C. Muelhaupt
III on the Certificate of Appropriateness for the reconstruction of a
retaining wall at 649-18th Street, in the Sherman Hill Historic
District, (5-4-09). Moved by Vlassis
to adopt. Motion Carried 7-0. |
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24. On Airline Operating Agreement
and Terminal Building Lease with Continental Airlines, Inc. at the Des Moines
International Airport, (5-4-09). (Council Communication No. 09-252) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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25. Approving payment of
$48,169.84 to Eric Akkerman for a workers’ compensation claim.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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26. Approving payment of
$50,000 to Stephen and Debra Carter for an incident occurring on March 17,
2008.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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CITY MANAGER COMMUNICATIONS |
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27. Approving travel and training requests
for Tom Vlassis, T.M. Franklin Cownie, Mark Gregory, Mike Matthes and Vicky
Long Hill. (Council Communication
No. 09-244) Moved by Vlassis to adopt. Motion Carried 7-0. |
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28. Fiscal
Year 2006 Continuum Of Care (COC) Closeout Certification Documents.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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29. Execution
of additional HOME Contract documents with Community Housing Initiatives,
Inc. for renovation of 12 units of senior rental housing at |
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30. Iowa
Department of Economic Development (IDED) Community Development Block Grant
(CDBG) Housing Disaster Recovery Fund Contract (08-DHR-209). (Council Communication No. 09-254) Moved by Vlassis
to approve. Motion Carried 7-0. |
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31. Authorizing
submittal of two single-family new construction applications for Community
Development Block Grant (CDBG) funds to the Iowa Department of Economic
Development (IDED). (Council Communication No. 09-250) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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32. Items regarding the John and |
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(A) Private Construction Contract between Control
Installations of Iowa, Inc. and |
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(B) Agreement with Edmundson Art Foundation, Inc. d/b/a
The Des Moines Art Center and Nationwide Mutual Insurance Company for
donation of security equipment and services.
(Council Communication No. 09-256) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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(C) Change Order No. 3 with Pinnacle Construction
Group, LLC for additional work, not to exceed $164,485. (Council Communication No. 09-251) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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33. Short-term
renewal addendum to contract for on-site fleet services parts procurement and
supply services with Genuine Parts Company d/b/a NAPA Auto Parts. (Council Communication No. 09-234) Moved by Vlassis
to approve. Motion Carried 7-0. |
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34. Retention
of outside counsel, Chester C. Woodburn III of Hansen, McClintock and Riley,
and Scott J. Beattie of Petticord, Wharton, Spencer, Hock, Barron &
Wegman for representation of Des
Moines Police Officers John Mailander and Mersed Dautovic in Federal District
Court.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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WITHDRAWN |
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35. |
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36. Des
Moines Area Regional Geographic Information System (GIS) Partnership Business
Plan and Memorandum of Understanding (MOU) and authorize the City Manager or
designee to seek final adoption of the Business Plan and MOU by Regional GIS
Partners. (Council Communication No. 09-230) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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(A) Approval of annual software maintenance and support
costs for Geographic Information System (GIS) software licensed by
Environmental Systems Research Institute (ESRI) Inc. ( |
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37. Grant
Application under the 2009 Recovery Act:
Ed Byrne Memorial Competitive Grant Program. (Council Communication No. 09-245) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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38. Playground
Surface and Playground Improvements Donation and Installation Agreement with
National Safe Surfacing Initiative, LLC.
(Council Communication No. 09-227) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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39. Agreement
with Sprint Solutions, Inc. for cell phone services. (Council Communication No. 09-255) Moved by Vlassis
to adopt. Motion Carried 7-0. |
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40. Receive
and file Quarterly Treasurer’s Report as of March 31, 2009.
Moved by Vlassis to receive and
file. Motion Carried 7-0. |
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41. Communication
from Downtown Community Alliance on behalf of the Des Moines Art Center to
approve banner design for 30 banners to be displayed in Downtown Des Moines
on Locust Street from June through September. Moved by Vlassis to receive,
file and approve banner design. Motion
Carried 7-0. |
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42. Bids for the following: |
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(A) 1824 Scott LLC and Bayliff Construction for an annual
contract with two (2) additional one year renewal options to furnish concrete
constructions services for use by the Parks and Recreation Department,
$65,000. (Thirteen bids mailed, four
received). Moved by Vlassis
to adopt. Motion Carried 7-0. |
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(B) Bituminous Materials & Supply for an annual
contract with two (2) additional one year renewal options to furnish emulsified
asphalt materials to be used by the Public Works Department, $300,000. (Three
bids mailed, one received). (Council Communication No. 09-237) Moved by Vlassis
to adopt. Motion Carried 6-1. Nays:
Hensley. |
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(C) Bonnie’s Barricades for an annual contract with two (2)
additional one year renewal options to furnish traffic safety devices to be
used by the Public Works Department, $72,500.
(Three bids mailed, one received).
(Council Communication No. 09-235) Moved by Vlassis
to adopt. Motion Carried 6-1. Nays:
Hensley. |
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(D) Norwalk Ready Mixed Concrete, Liberty Ready Mix, CTI
Ready Mix and American Concrete Products for an annual contract with two (2)
additional one year renewal options to furnish Portland cement concrete
products to be used by the Public Works Department, $575,000. (Ten bids mailed, four received).
Moved by Vlassis to adopt. Motion Carried 7-0. |
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43. Civil
Service Entrance List for System Administrator and Promotional List for
Street Maintenance Worker. Moved by Vlassis
to receive and file. Motion Carried
7-0. |
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44. Authorizing
Finance Director to draw checks on registers for the weeks
of April 20 and April 27, 2009; to draw checks for bills
of the Des Moines Municipal Housing Agency for the weeks of April 20 and April
27, 2009; and to draw checks for bi-weekly payroll due April 24, 2009.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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45. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows:
Moved by Vlassis that this ordinance do now pass, #14,846. Motion Carried 7-0. |
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(A) Parking Restriction – north side of |
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(B) Reduced Speed Limits - |
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46. On rezoning
of the property at 4506 SW 9th Street from “C-1A” (Neighborhood
Commercial Reuse) to Ltd “C-2” (General Retail and Highway Commercial),
to allow a construction contractors’ business. Moved by Vlassis that this
ordinance be considered and given second vote for passage. Motion Carried 7-0. |
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47. Amending Chapter 74 of the
Municipal Code regarding fees to aquatic centers, swimming pools and
marina. (Council Communication
No. 09-223) 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 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, #14,847. Motion Carried 7-0. |
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48. Amending Chapter 114 of the
Municipal Code regarding revision to parking restriction on the west side of |
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(A) Final consideration of ordinance above. Moved by Mahaffey 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, #14,848. Motion Carried 7-0. |
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49. From Bob Wessel, 2719 E. Leach, to speak
regarding finances. Moved by Hensley to receive and file
comments. Motion Carried 5-1-1. Nays:
Coleman. Pass: Cownie. |
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HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 50 THRU 62) |
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50. On appeal from Scott
Poradek, |
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51. On appeal from Joseph
Hansen, |
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52. On Lease Amendment with
Verizon Wireless (VAW) LLC (Assignee of Des Moines MSA General Partnership)
and Use Authorization and Consent Agreement with American Tower Delaware
Corporation for Waveland Golf Course Telecommunications Tower . (Council
Communication No. 09-226) Moved by Vlassis to adopt. Motion Carried 7-0. |
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53. On Lease of a portion of
Ewing Park with Greater Des Moines Soap Box Derby Association for a period of
five years, with an option for a five-year renewal. (Council
Communication No. 09-224) Moved by Meyer to adopt. Motion Carried 7-0. |
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54. On Lease of a portion of
Ewing Park with Ewing Park BMX Club for a period of five years, with an
option for a five-year renewal. (Council
Communication No. 09-225) Moved by Meyer to adopt. Motion Carried 7-0. |
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55. On Urban Renewal
Development Agreement with Doll Distributing LLC and conveyance of
Disposition Parcel No. 28A in the Guthrie Avenue Business Park Urban Renewal
Area. (Council
Communication No. 09-228) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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56. On conveyance of |
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57. On conveyance of |
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58. On conveyance of property
at the southwest corner of |
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59. On request from Hubbell
Realty Company to rezone 1701 E. Euclid Avenue from “M-1” (Light Industrial)
to “M-2” (Heavy Industrial) to allow for conversion of a warehouse space to a
recycling collection center. Moved by Kiernan to approve and adopt. Motion Carried 7-0. |
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(A) First consideration of
ordinance above. Moved by Kiernan that this ordinance be
considered and given first vote for passage.
Motion Carried 7-0. |
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60. On Proposed Substantial
Amendment to the Fourth (2008) Year Action Plan of the 2005-2009 HUD
Consolidated Plan for the Homelessness Prevention and Rapid Re-Housing
Program. (Council
Communication No. 09-221) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(A) Communication from the Neighborhood
Revitalization Board (NRB). Moved by Vlassis to receive and file. Motion Carried 7-0. |
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(B) Communication from the
Polk |
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61. 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).
(Continued from 2-9-09): (Council
Communication No. 09-253) Moved by Hensley to close the hearing;
refer to the City Manager to report back on the following items at the May 4th
Council Meeting: 1. Density, 2. Traffic – Ingress/Egress, 3. Storm water
flow, 4. Alternate location on SE 14th, 5. 2020 Community
Character Plan-best use of the property.
Motion Carried 6-1. Nays:
Meyer. |
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(A) First consideration of
ordinance above. Moved by Hensley
that this ordinance be considered and given first vote for passage; refer to
the City Manager to report back on the following items at the May 4th
Council Meeting: 1. Density, 2. Traffic – Ingress/Egress, 3. Storm water
flow, 4. Alternate location on SE 14th, 5. 2020 Community
Character Plan- best use of the property.
Motion Carried 6-1. Nays:
Meyer. |
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62. Items
regarding request from Menard, Inc. |
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(A) Amending the 2020
Community Character Land Use Plan future land use designation, from Low
Density Residential to Community Commercial. Moved by Coleman to defer to
the May 4th Council Meeting.
Motion Carried 7-0. |
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(B) Hearing on rezoning of the
property from “R1-60” (One-Family Low Density Residential) and “C-2” (General
Retail and Highway Oriented Commercial) to Ltd C-2. Moved by Coleman to close the
hearing and refer to the City Manager to work with Council Member Meyer to
consider the Traffic Safety Committee’s recommendation to request a stop
light at the Menards entrance, route traffic onto Cummins Parkway, or other
ways to reduce traffic on Diehl.
Motion Carried 7-0. |
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(C) First consideration of rezoning
ordinance. Moved by Coleman that this ordinance be
considered and given first vote for passage; refer to the City Manager to
work with Council Member Meyer to consider the Traffic Safety Committee’s
recommendation to request a stop light at the Menards entrance, route traffic
onto Cummins Parkway, or other ways to reduce traffic on Diehl. The second consideration of the ordinance
will be on the May 4th agenda.
Motion Carried 7-0. |
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(D) Communication from |
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63. Proposal
of Holland & Knight LLP to provide Federal Government Affairs
Services. (Council Communication No. 09-222) Moved by Vlassis to approve; refer to
the City Manager to closely monitor benchmarks and deliverables. Motion Carried 5-2. Nays: Kiernan and Meyer. |
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64. Renewal
Agreement for maintenance of |
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65. Resolution
to receive and file a proposal from Helena Industries to purchase land in the
SE Agrimergent Business Park and refer to City Manager for further review and
negotiation. (Council Communication No. 09-232) Moved by Meyer to receive and file. Motion Carried 7-0. |
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EXTRA ITEMS |
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1. Authorization to submit
application by Iowa Soybean Association on behalf of the City of Des Moines
to the Environmental Protection Agency for National Clean Diesel Campaign
Grant. Sponsor: Mayor Cownie (Council
Communication No. 09-257) Moved by Vlassis to approve. Motion Carried 7-0. |
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MOTION TO ADJOURN.
Moved by Vlassis to adjourn at 7:56 PM. Motion Carried 7-0. |
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1949 1976 1981 2003 |
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