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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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May 4, 2009 4:30 PM |
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INVOCATION: Rev. Dr. James Wallace |
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Central Presbyterian Church |
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1. ROLL CALL: Present:
Cownie, Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. Mayor Cownie participated in the meeting by
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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* * * * * * * * * * * * * * * * * * * * * * * * * * * * |
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3. APPROVING CONSENT AGENDA – items 3 through 48:
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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(A) BEE'Z BAR INC 1500 SE 1ST ST C Liquor |
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(B) BEST TRIP INC |
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(C) DES MOINES SOCIAL CLUB 1408 LOCUST
ST C Liquor |
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(D) ELWELL FAMILY FOOD 3000 E GRAND AVE C Beer/Wine |
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(E) |
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(F) OASIS GROCERY &
LIQUOR |
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(G) PARTY COVE 204 3RD ST C Liquor |
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(H) RIVER POINT PUB 1306 SE 1ST ST C Liquor |
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(I) SA PRESENTS LLC 75 E LOCUST C Liquor |
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(J) SINNERS & SAINTS 216 COURT AVE C Liquor |
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RENEWAL APPLICATIONS |
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(K) |
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(L) BIG KMART # |
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(M) COURT SIDE ENTERTAINMENT 1014 E 14TH ST C Liquor |
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(N) DEPOT 3000 E GRAND AVE B Beer |
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(O) GARDEN 112 SE 4TH ST C Liquor |
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(P) GENES PLACE 2117 E UNIVERSITY C Liquor |
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(Q) GIT N GO STORE #3 100 WATROUS
AVE C Beer |
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(R) GIT N GO STORE # |
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(S) GORDITAS SAN PANCHO 2250 HUBBELL
AVE B Beer |
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(T) NOAHS ARK RESTAURANT 2400
INGERSOLL C Liquor |
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(U) OLYMPIC FLAME |
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(V) QUALITY INN &
SUITES 929 3RD ST B Liquor |
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(W) SAVERY HOTEL AND SPA 401 LOCUST ST B Liquor |
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(X) SAVERY HOTEL AND SPA 401 LOCUST ST B Wine |
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(Y) SUPER STOP 727 SE 14TH ST C Beer |
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OUTDOOR SERVICE APPLICATIONS |
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(Z) |
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Temporary
outdoor service for an event on May 9-11, 2009. Pending approval of Zoning
Department. |
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SPECIAL EVENT APPLICATIONS |
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(AA) OAZA BAR 3000 E GRAND AVE
Five (5) Day License |
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Class C Beer Permit for an event on May 9, 2009 at
the |
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(BB) TASTE TO GO 519 PARK ST
Five (5) Day License |
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Class C Liquor License effective May 22, 2009. Pending approval of Zoning Department. |
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5. City Clerk to issue Cigarette Licenses. Moved by Hensley to
adopt. Motion Carried 6-1. Nays:
Cownie. |
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6. Ordering construction of the following: |
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(A) Cownie Soccer Fields Improvements – Phase 3: Receiving of bids, (5-19-09), and Setting
date of hearing, (6-8-09).
(Construction Estimate - $758,500).
(Council Communication No. 09-287) Moved by Hensley to adopt. Motion Carried 7-0. |
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(B) Waveland Trail Phase 1 from the Walnut Creek Trail to |
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(D) 2009 City-Wide PCC Pavement Restoration Program: Receiving of bids, (5-19-09), and Setting
date of hearing, (6-8-09).
(Construction Estimate - $200,080).
(Council Communication No. 09-289) Moved by Hensley to adopt. Motion Carried 7-0. |
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(E) 2009 Sidewalk Replacement Program: Receiving of bids, (5-19-09), and Setting
date of hearing, (6-8-09).
(Construction Estimate - $349,905).
(Council Communication No. 09-288) Moved by Hensley to adopt. Motion Carried 7-0. |
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7. Approving execution of Iowa Department of Transportation
Agreement for E. Indianola Avenue Widening - |
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8. Approving Professional Services Agreement with Foth
Infrastructure and Environment, LLC for evaluation, design, and construction
phase services for the Fleur Drive Viaduct over American Discovery Trail Rehabilitation,
not to exceed $76,736. (Council Communication No. 09-293) Moved by Hensley to adopt. Motion Carried 7-0. |
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9. Approving Professional Services Agreement with Snyder &
Associates, Inc. for design and construction phase services for the 2009
Sewer Repair Contract 1, not to exceed $164,518. (Council Communication No. 09-273) Moved by Hensley to adopt. Motion
Carried 7-0. |
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(A) Authorization to proceed with acquisition of necessary right-of-way
and easements for 2009 Sewer Repair Contract 1. Moved by Hensley to
adopt. Motion Carried 7-0. |
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10. Approving request for changes in contract completion provisions
on High Street Realignment – |
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11. Approving Private Construction Contract for Corell Contractor,
Inc. and Wellmark, Inc. for Storm Sewer Improvements on |
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12. Communication from Wolin & Associates, Inc. requesting permission
to sublet certain items on Police Station Generator Exhaust Stack.
Moved by Hensley to adopt. Motion
Carried 7-0. |
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13. Accepting completed construction and approving final payment for
Air-Con- Chesterfield Greenhouses Evaporative Cooling System.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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14. Accepting work and ordering preparation of Plat and Schedule of
Assessments for Lincoln Avenue Sanitary Sewer – |
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(A) Adopting and levying final Schedule of
Assessments, and providing for payment thereof Lincoln Avenue Sanitary Sewer
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15. Approving deletion of NAC-Emergency Assessment at various
locations. Moved by Hensley to adopt. Motion Carried 7-0. |
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16. Acceptance of real estate documents
from MidAmerican Energy Company for the Principal Riverwalk Project,
$200. (Council Communication
No. 09-279) Moved by Hensley to adopt.
Motion Carried 7-0. |
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17. Establishing fair market value of |
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18. Approving dedicating right-of-way on |
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19. Approving Tax Abatement Applications for additional value added by improvements for the following: |
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(A) 1001 Cherry Street during 2008.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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(B) 2521 Kingman Boulevard for
improvements completed in 2003. (Council Communication
No. 09-263) Moved by Hensley to adopt.
Motion Carried 7-0. |
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20. Authorization to proceed with acquisition
of the necessary right-of-way and easements for the McKinley Avenue Drainage
Improvements Project – |
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21. On vacation and conveyance of
segments of undeveloped SE 24th Ct. and C B & Q Street
rights-of-way to the Des Moines Metropolitan Wastewater Reclamation
Authority, (5-18-09). Moved by Hensley to adopt. Motion Carried 7-0. |
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22. On vacation and conveyance of
portions of excess street and alley right-of-way located between |
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23. On request from Easter Lake
Estates, Inc. to rezone 1670 E. County Line Rd., excluding the southern 140
feet, from “R1-60” (One-Family Low-Density Residential) to Ltd. “C-2”
(General Retail and Highway Oriented Commercial), subject to conditions,
(5-18-09). Moved by Hensley to adopt. Motion Carried 7-0. |
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24. On Supplement No. D-2 to the
Governmental Lease-Purchase Master Agreement with De Lage Landen Public
Finance LLC, $1,200,000 to acquire up to seven street sweepers,
(5-18-09). (Council Communication No. 09-262)
Moved by Kiernan to refer to the City Manager to report on any “green”
features of the equipment and if there are less expensive alternatives. Motion Carried 7-0. |
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24I On Supplement No. D-1 to the
Governmental Lease-Purchase Master Agreement with De Lage Landen Public
Finance LLC, not to exceed $800,000 to acquire equipment, (5-18-09). (Council Communication No. 09-265) Moved by Hensley to adopt. Motion Carried 7-0. |
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25. On Application for Certificate of
Public Convenience and Necessity to operate taxicab services from Oh-Ho
Venture Strategies, LLC, seeking to do business as Freedom Taxi, (5-18-09).
Moved by Hensley to adopt.
Motion Carried 7-0. |
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25I On application from Tommy Mauro, owner of the Pelican Bar, 208 3rd Street, for vacation of a portion of the adjoining sidewalk for a sidewalk café, (5-18-09). Moved by Hensley to adopt. Motion Carried 7-0. |
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26. Approving payment of
$5,857.01 to Hall & Associates for services related to the Combined Sewer
System and Combined Sewer Overflows related to the NPDES Permit.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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27. Approving payment of
$22,598.80 to Mark Bainter for a workers’ compensation claim.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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28. Approving payment of
$5,504.30 to Tish Klinge as the result of sewer backups. Moved by Hensley to
adopt. Motion Carried 7-0. |
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29. Approving settlement
agreement in the amount of $55,625 to Tracy and Tomi Taylor for an injury
sustained on May 1, 2007. Moved by Hensley to adopt. Motion Carried 7-0. |
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30. Submitting training requests for Anna
Young, Michael Bartak, Anthony Ballantini and Brian Mathis. (Council Communication
No. 09-283) Moved by Hensley to
adopt. Motion Carried 7-0. |
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31. Renewal
of Employee Assistance Program (EAP) Services through the Employee and Family
Resources, Inc. (Council Communication No. 09-258)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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32. Acceptance
of $12,000 donation from the Meredith Corporation Foundation for improvements
to the |
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33. Agreement
for shared use of Park and Recreation Facilities and Des Moines Independent
Community School District Facilities.
(Council Communication No. 09-285)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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34. Agreement
for Park and Recreation Aquatic Education Programming with the Iowa
Department of Natural Resources. (Council Communication No. 09-269)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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35. Funding
request from the Des Moines Area Sports Commission for the 2009 Junior
Olympic Games, $50,000. (Council Communication No. 09-274)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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36. Department
of Justice, 2009 COPS Secure Our Schools Grant Award to bring
state-of-the-art security systems to |
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37. Application
for Recovery Act: 2009 Edward Byrne Memorial Justice Assistance Grant (JAG)
and Memorandum of Understanding with Polk County and Cities of Altoona, Ankeny,
Clive, Johnston, Pleasant Hill, Urbandale and West Des Moines designating the
City of Des Moines as the official applicant and fiscal agent. (Council Communication No. 09-268)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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38. Execution
of United States Department of Agriculture Natural Resources Conservation
Service Project Agreement for the Emergency Watershed Protection Program and
the Operation and Maintenance Agreement for 1706 Pennsylvania Avenue Slope
Stabilization. (Council Communication No. 09-294) Moved by Hensley to adopt. Motion Carried 7-0. |
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39. Approving
letter of agreement for Provisionally Accredited Levee (PAL) Designation and
Agreement to provide adequate compliance for the levee designated as RR-1
with the Code of Federal Regulations, Title 44, Section 65.10 with the
Federal Emergency Management Agency. (Council Communication No. 09-280)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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40. Application
from Drake Area Business Association for banners to be hung on |
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41. Communication
from Downtown Community Alliance on behalf of the Civic Music Association to
approve banner design for 30 banners to be displayed in Downtown Des Moines
from June through August. Moved by Hensley to receive, file and
approve banner design. Motion Carried
7-0. |
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42. Application
from St. Anthony’s Church for banners across the streets on SW 1st
Street and Indianola Avenue, SW 1st Street and Columbus Avenue,
1804 SW 1st Street, 1703 S. Union Street and Granger Avenue, S.
Union Street and Jackson Avenue, SE 2nd Street and Jackson Avenue
and 11 Dunham Avenue in recognition of the Annual Corpus Christi Celebration
on May 17, 2009. Moved by Hensley to receive, file and
approve banner. Motion Carried 7-0. |
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43. Bids from the following: |
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(A) Kintla Corporation for an annual contract with two (2) additional one-year renewal options to furnish board-up services for vacant and abandoned houses to be used by the Community Development Department, $34,000. (Three bids mailed, one received). (Council Communication No. 09-259) Moved by Hensley to adopt. Motion Carried 7-0. |
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(B) Various vendors for an annual contract with two (2)
additional one-year renewal options to furnish construction and aggregate
materials to be used by the Public Works Department, $400,000. (Five bids mailed, five received).
Moved by Hensley to adopt.
Motion Carried 7-0. |
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44. Exception
to procurement ordinance competitive bidding requirements for State of |
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45. Civil
Service Entrance Lists for Emergency Equipment Technician, Tree Trimmer and
Information Technology Network Engineer and Promotional List for Fire
Engineer. Moved by Hensley to receive and file. Motion Carried 7-0. |
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46. Authorizing
Finance Director to draw checks on registers for the weeks of May 4 and May
11, 2009; to draw checks for bills of the Des Moines Municipal Housing Agency
for the weeks of May 4 and May 11, 2009; and to draw checks for bi-weekly
payroll due May 8, 2009. Moved by Hensley to adopt. Motion Carried 7-0. |
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47. On rezoning
of the property at |
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48. On request from Hubbell
Realty 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 Hensley that this ordinance be
considered and given second vote for passage.
Motion Carried 7-0. |
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(A) Final
consideration of ordinance above, (waiver requested by applicant), requires 6
votes.
Moved by Hensley that this ordinance do now pass,
#14,850. Motion Carried 7-0. |
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* * END CONSENT AGENDA *
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ORDINANCES - SECOND CONSIDERATION |
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49. Items regarding request from Menard, Inc.
1201 E. Diehl Avenue, to allow expansion of existing outdoor merchandise area
and roofed garden center to north side of existing Menard’s Store, subject to
conditions, (requires 6 votes for approval):
(Council Communication
No. 09-291) |
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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 approve and
adopt the amendment. Motion Carried
7-0. |
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(B) Second
consideration on rezoning of property from “R1-60” (One-Family Low-Density
Residential) and “C-2” (General Retail and Highway Commercial) to Ltd. “C-2”.
Moved by Coleman that this ordinance be considered and given second
vote for passage. Motion Carried 7-0. |
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(C)
Communication
from Menard Inc., regarding short- and long-term improvements and
commitments. Moved by Coleman to receive, file and direct the City Manager to
implement. Motion Carried 7-0. |
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(D)
Council discussion regarding
traffic flow onto |
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(E) 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, as amended, with the consent of the property owner,
reduce the size of the area to be rezoned,
#14,852. Motion Carried 6-1. Nays: Meyer. |
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50. On rezoning of |
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ORDINANCES - FIRST CONSIDERATION |
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51. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows: (Council Communication
No. 09-271) Moved by Hensley that this
ordinance be considered and given first vote for passage. Motion Carried 7-0. |
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(A) Two-sided parking restriction – |
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(B) Designation of Stop Controls – Carman Estates Plat 6, vicinity of SE 24th and E. Payton. |
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(C) Loading Zone – west side of |
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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, #14,851. Motion Carried 7-0. |
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HEARINGS (OPEN AT 5:23 P.M.) (ITEMS 52 THRU 59) |
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52. On appeal of Abed Saleh, |
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(A) Council Discussion regarding the Transient Merchant Ordinance and appeal process. Moved by Kiernan to refer to the City Manager and Legal Department for review and recommendation at the June 8th Council Meeting regarding the definition of parcel and separation of merchants in the transient merchant ordinance; and to also review the process used for appeals of this and other ordinances. Motion Carried 6-1. Nays: Meyer. |
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53. 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: (Council
Communication No. 09-260) |
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(A) To affirm the decision.
Moved by Hensley to adopt, and affirm the decision of the Historic
Preservation Commission to conditionally approve the certificate of
appropriateness. Motion Carried
5-2. Nays: Coleman and Vlassis. |
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WITHDRAWN |
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(B) |
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54. On the following items regarding General Obligation Bonds, (a special Council meeting will be held on June 3rd at 4:00 PM): (Council Communication No. 09-261) |
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(A) On issuance of not to
exceed $15,895,000 (for Essential Corporate Purposes). Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(B) On issuance of not to
exceed $3,100,000 (for Urban Renewal Purposes). Moved by Hensley to
adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Hensley to adopt. Motion Carried 7-0. |
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(C) On issuance of not to
exceed $695,000 (for General Corporate Purposes). Moved by Hensley to adopt.
Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Hensley to adopt. Motion Carried 7-0. |
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(D) On issuance of not to
exceed $995,000, (for General Corporate Purposes). Moved by Mahaffey to
adopt. Motion Carried 7-0. |
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(1) Authorization for
additional action. Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(E) On issuances of not to
exceed $555,000 (for General Corporate Purposes). Moved by Meyer to adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Meyer to adopt. Motion Carried 7-0. |
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(F) On issuance of not to
exceed $770,000 (for General Corporate Purposes). Moved by Kiernan to
adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Kiernan to adopt. Motion Carried 7-0. |
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(G) On issuance of not to
exceed $995,000 (for General Corporate Purposes). Moved by Hensley to
adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Hensley to adopt. Motion Carried 7-0. |
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(H) On issuance of not to
exceed $815,000 (for General Corporate Purposes). Moved by Mahaffey to
adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(I) On issuance of not to
exceed $1,000,000 (for General Corporate Purposes). Moved by Kiernan to
adopt. Motion Carried 7-0. |
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(1) Authorization for additional action. Moved by Kiernan 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 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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55. On Proposed Tree
Preservation and Mitigation Ordinance and to continue to July 13, 2009 at 5:00 PM. Moved by Kiernan to continue
the hearing to July 13, 2009 at 5:00 PM.
Motion Carried 7-0. |
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56. On approving Airline
Operating Agreement and Terminal Building Lease with Continental Airlines,
Inc. at the |
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57. On conveyance of |
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58. On Farm Lease Agreement
with Robert Campfield for approximately 241 acres in the Des Moines
Agrimergent Technology Park at SE 43rd Street and Vandalia Rd.,
$69,289.91 per year. (Council
Communication No. 09-282) Moved by Meyer to adopt. Motion Carried 7-0. |
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59. On Ewing Park ADA
Improvements: Resolution approving
plans, specifications, form of contract documents, Engineer’s Estimate and
designating lowest responsible bidder as T K Concrete, Inc., (Tony J.
Vermeer, President), $115,888. (Council
Communication No. 09-292)
Moved by Meyer to adopt. Motion
Carried 7-0. |
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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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** END HEARINGS AT 6:18 PM ** |
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60. 2009
Financial Hardship Reduced Fee Program for various park and recreation
department recreational facilities and programs and certain cemetery
fees. (Council Communication No. 09-297)
Moved by Kiernan to adopt; to refer to the City Manager to provide a
usage report at the end of the year.
Motion Carried 7-0. |
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61. Wellmark
Blue Cross Blue Shield Administration Contract for employees and certain
retirees for Health Insurance and Flexible Spending Accounts (FSA) for FY
09/10. (Council Communication No. 09-266)
Moved by Mahaffey to adopt.
Motion Carried 7-0. |
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62. Adoption
of a policy for naming/renaming of streets, facilities, park facilities and
park land in the City of |
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(A) Honorary designation of a section of |
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MOTION TO CONVENE. Moved by Kiernan that the City Council
adjourn and convene as a Board of Health.
Motion Carried 7-0. |
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1. Approving the Legal Department to proceed with court action seeking authority to abate the public nuisance at the following locations: |
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(A) 1213 Frazier, Titleholder: Christine M. Stratton; Mortgage Holders:
Deutsche Bank National Trust Company, as trustee under the Pooling and
Servicing Agreement dated as of April 1, 2003, Morgan Stanley Capital Inc.
Trust 2003-NC4 and West Bank. Moved by Kiernan to adopt. Motion Carried 6-1. Absent: Cownie. |
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(B) 985 25th Street,
Titleholder: Lori J. Weber; Mortgage
Holder: First Federal Savings Bank.
Moved by Mahaffey to adopt.
Motion Carried 6-1. Absent:
Cownie. |
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2. The release of the fire escrow account held
for the structure located at |
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MOTION TO ADJOURN. Moved
by Hensley to adjourn at 7:44 PM.
Motion Carried 7-0. |
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1949 1976
1981 2003 |
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