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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 18, 2009 4:30 PM |
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INVOCATION: Rev. Tim Diebel |
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First Christian Church |
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1. ROLL CALL: Present:
Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. Absent:
Cownie. Mayor Cownie
participated in the meeting by telephone; he entered the meeting during Item
32. |
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2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved
by Hensley to adopt. Motion Carried
6-1. Absent: Cownie. |
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * |
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3. APPROVING CONSENT AGENDA – items 3
through 56: Moved by Kiernan to adopt the balance of
the Consent Agenda. Motion Carried
6-1. Absent: Cownie. |
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4. Approving Alcoholic Beverage License Applications for the
following: Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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NEW APPLICATIONS |
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(A) GROWN FOLKS LLC 111 ARMY POST RD C Liquor |
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(B) LA HACIENDA III 3121
INGERSOLL C Liquor |
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RENEWAL APPLICATIONS |
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(C) BREW HAUS LOUNGE |
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(D) CARLS PLACE 1620 |
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(E) CIVIC CENTER 221 WALNUT ST C Liquor |
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(F) CONTINENTAL |
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(G) COURT AVENUE BREWING 309 COURT AVE C Liquor |
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(H) DAHLS FOODS |
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(I) DONNAS LOUNGE 4424 SE 14TH ST C Liquor |
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(J) |
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(K) HICKMAN PUB |
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(L) HOTEL FORT DES MOINES 1000 WALNUT
ST B Wine |
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(M) |
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(N) JALAPENO PETE'S CANTINA 3000 E GRAND AVE C Beer/Wine |
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(O) LEGENDS AMERICAN GRILL 216 COURT AVE C Liquor |
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(P) |
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(Q) |
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(R) MING DYNASTY BUFFET 4804 SW 9TH ST B Beer |
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(S) OKOBOJI GRILL 6050 SE 14TH ST C Liquor |
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(T) OLD WEST MEXICAN 4138 FLEUR DR C Liquor |
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(U) PEOPLES COURT/CC TAFT 216 COURT AVE C Liquor |
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(V) PIZZA HUT #4353 1435 ARMY POST RD B Beer |
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(W) QUIKTRIP #516 1000 E UNIVERSITY C Beer |
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(X) QUIKTRIP |
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(Z) SOUTH SIDE LIQUOR |
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(AA) SPAGHETTI WORKS 310 COURT AVE C Liquor |
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(BB) STEER AND STEIN 3000 E GRAND AVE B Beer |
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(CC) SUITES OF 800 LOCUST 800 LOCUST ST B Liquor |
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(DD) TOBACCO OUTLET PLUS |
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(EE) UNIVERSITY LIBRARY CAFE 3506
UNIVERSITY C Liquor |
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(FF) WAVELAND CAFE 4708 UNIVERSITY B Beer |
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OUTDOOR SERVICE APPLICATIONS |
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(GG) BLAZING SADDLE 416 E 5TH ST C Liquor |
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Temporary
in conjunction with Capital City Pride Celebration on June 13-14, 2009. Pending approval of Building Department. |
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(HH) LOS LAURELES
1518 E GRAND AVE C Liquor |
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Adding
permanent outdoor service area.
Pending approval of Building, Electrical, Fire, Vice and Zoning
Departments. |
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SPECIAL EVENT APPLICATIONS |
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(II) BOURBON STREET 500 ARMY POST RD Five (5) Day License |
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Class
B Beer for event on May 22, 2009.
Pending approval of Building, Electrical, Fire, Vice and Zoning
Departments. |
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(JJ) BOURBON STREET 500 ARMY POST RD Five (5) Day License |
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Class
B Beer for event on May 29, 2009.
Pending approval of Building, Electrical, Fire, Vice and Zoning
Departments. |
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(KK) BOURBON STREET 500 ARMY POST RD Five (5) Day License |
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Class
B Beer for event on June 5, 2009. Pending approval of Building, Electrical,
Fire, Vice and Zoning Departments. |
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(LL) PARKS AREA |
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Class
B Beer for Rendezvous on Riverview event on June 5, 2009. Pending approval of Building, Electrical,
Fire, Vice and Zoning Departments. |
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4-I
Consideration of Five-day Class B Beer License for Centerplate, One
Line Drive, for a special event on
May 27, 2009. Pending approval of
Building, Electrical, Fire and Zoning Departments. Sponsors: Coleman and Hensley. Moved
by Kiernan to adopt. Motion Carried
6-1. Absent: Cownie. |
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5. City Clerk to issue Cigarette Licenses. Moved by Kiernan to
adopt. Motion Carried 6-1. Nays:
Cownie. |
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6. City Clerk to issue Coin Operated Machine Licenses.
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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7. Ordering
construction of the following: |
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(A) 2009 Parks Playground & Basketball Court Improvements –
Receiving of bids, (6-9-09), and
Setting date of hearing, (6-22-09).
(Constructions Estimate - $205,500).
Council Communication No. 09-339) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(B) 2009 Designated Neighborhood Sidewalk Replacement Program –
Receiving of bids, (6-9-09), and Setting date of hearing, (6-22-09). (Constructions Estimate - $300,700). Council Communication No. 09-340) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(C) 2009 HMA Pavement Scarification & Resurfacing –
Receiving of bids, (6-9-09), and
Setting date of hearing, (6-22-09).
(Constructions Estimate - $414,075).
(Council Communication No. 09-341) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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8. Approving execution of Iowa Department of Transportation Agreement
for traffic signal upgrade at the intersection of |
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9. Approving Professional Services
Agreements for the following: |
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(A) AECOM, Inc. in conjunction with the Des Moines River Regional
Trail – Phase 1, not to exceed $202,000.
(Council Communication No. 09-330) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(B) Savage-Ver Ploeg & Associates, Inc. d/b/a SVPA Architects,
Inc. for design and construction phase services for the Fire Station No. 1
Replacement, not to exceed $363,125. (Council Communication No. 09-331) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(C) Connect Architecture and Design PC for design and construction phase
services for the PD Metro Star Building Improvements, not to exceed
$28,000. (Council Communication No. 09-333) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(D) Shuck-Britson, Inc. for evaluation, design and construction
phase services for the |
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10. Approving private construction contract between Eco-Tech
Construction, LLC and Nelson Development 15, LLC for paving improvements in |
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11. Approving completion and acceptance of
private construction contracts for the following: |
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(A) Sanitary and storm sewer improvements, |
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(B) Sanitary sewer improvements, 1815 High Street,
between Gator Excavating, Inc. and Koester Construction Co., Inc.
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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12. Communication from Des Moines Asphalt and Paving requesting
permission to sublet certain items on University Avenue Resurfacing – Des
Moines River Bridge to 6th Avenue. Moved by Kiernan to
adopt. Motion Carried 6-1. Absent:
Cownie. |
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13. Accepting completed construction and
approving final payment for the following: |
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(A) Principal Park Soffit Repair, Lansink
Construction, Inc. Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(B) 12th Street Storm Sewer – Cherry to High
Streets, The Underground Company, Ltd. Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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14. Approving execution of three (3) CDBG Disaster Recovery
Infrastructure Grants with the Iowa Department of Economic Development. (Council Communication No. 09-338)
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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15. Authorization to submit CDBG Disaster Recovery Infrastructure
Applications to the Iowa Department of Economic Development. (Council Communication No. 09-346) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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16. Approving Compensation Agreement for relocation of water utility
facilities in conjunction with the John & Mary Pappajohn Sculpture Park
Project. (Council Communication No. 09-328) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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17. Levying assessments for costs of nuisance abatement - NAC
Emergency Orders (Community Development) Schedule No. 2009-10.
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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18. Approving
deletion of NAC-Emergency Assessments for the following: |
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(A) 1805 23rd Street.
Moved by Kiernan to adopt. Motion
Carried 6-1. Absent: Cownie. |
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(B) 2214 Dean Avenue. Moved by Kiernan to
adopt. Motion Carried 6-1. Absent:
Cownie. |
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19. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater
Utility Fees for April 2009. Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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20. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater
Utility Credits for May 2009. Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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21. Acceptance of real estate documents
from Iowa Department of Transportation for the Waveland Trail – Phase 1
Project. (Council Communication
No. 09-337) Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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22. Establishing fair market value of |
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23. Approving and authorizing execution of
Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program
(HMGP) Agreements and HMGP Administrative Plan and authorizing voluntary
property acquisition. (Council Communication
No. 09-345) Moved by Kiernan to
adopt. Motion Carried 6-1. Absent:
Cownie. |
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24. Approving Declaration of Restrictive
Covenants for the public rights-of-way in the former Pittsburg-Des Moines
Steel site, SW 11th and Murphy Streets. (Council Communication
No. 09-302) Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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25. Appointment of Mark Ackelson, Greg
Mace and Kaye Lozier to the Enterprise Zone Commission. (Council Communication
No. 09-323) Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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26. Communication from James Hoff advising
of his resignation from the Historic Preservation Board, Seat 9, effective
immediately. Moved by Kiernan to receive, file and
accept resignation with appreciation for his service. Motion Carried 6-1. Absent:
Cownie. |
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(A) Recommendation from Council Member |
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27. Communication from Dr. Bruce Heilman
advising of his resignation from the Plan and Zoning Commission, Seat 8,
effective immediately. Moved by Kiernan to receive, file and
accept resignation with appreciation for his service. Motion Carried 6-1. Absent:
Cownie. |
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28. Number
not used. |
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29. Regarding request from
Frederick Robert Hews, 1622 M. L. King Jr. Pkwy., for vacation and conveyance
of a segment of east/west alley
running west of M. L. King Jr. Pkwy. between Washington and Mondamin Avenues,
subject to conditions. Moved by Kiernan to receive and file and
refer to the Engineering Department, Real Estate Division. Motion Carried 6-1. Absent:
Cownie. |
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30. On conveyance of |
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31. On application of Imperial
Properties, Inc. for relief from temporary moratorium on creation or expansion
of vehicle display lots at 4141 E. 14th Street, (6-8-09).
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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32. On proposed renaming of streets
recently annexed or to be annexed in the City of |
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33. On proposed substantial amendment
to the Fourth Year (2008) Action Plan of the 2005-2009 HUD Consolidated Plan for
the Community Development Block Grant Funding (CDBG-R) under the American
Recovery and Reinvestment Act of 2009, (Hearing will be held at a special
Council meeting on June 3, 2009 at 4:00 PM). Moved by Kiernan to
adopt. Motion Carried 6-1. Absent:
Cownie. |
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34. Approving payment of
$2,192.59 to Hall & Associates for services related to the Combined Sewer
System and Combined Sewer Overflows related to the National Pollutions
Discharge Elimination System (NPDES) Permit and additional work on proposed
rules by Iowa Department of Natural Resources (IDNR). Moved by Kiernan to
adopt. Motion Carried 6-1. Absent:
Cownie. |
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35. Approving payment of $58,154.27
to Michael Rote for a workers’ compensation claim. Moved by Kiernan to
adopt. Motion Carried 6-1. Absent:
Cownie. |
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36. Approving travel and training
requests for Jeff Aldrich, D. Scott Baker, Jack Beardsley, Bruce Bergman,
Jason Halifax, Lawrence R. McDowell, Kandice Reindl, Jeremy Walburn and
Raymond Wilson. (Council Communication
No. 09-351) Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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37. Iowa
Community Services Block Grant (CSBG) FY 2009 CSBG American Recovery and
Reinvestment Act (ARRA) Agency Plan. (Council Communication No. 09-299) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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38. Community
Services Block Grant (CSBG) Community Action Plan Application for the 2010
CSBG Program Year. (Council Communication No. 09-300) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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39. Concurrent
notice to the public of Finding of No Significant Impact (FONSI) on the
Environment and request for the release of funds from the Iowa Department of
Economic Development for funds from the Consolidated Security, Disaster
Assistance and Continuing Appropriations Act of 2009. (Council Communication No. 09-343) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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40. City
Manager to sign a letter of application to Polk County Housing Trust Fund
(PCHTF) for private funds to provide gap funding within the Jumpstart Housing
Program. (Council Communication No. 09-347) Moved by Kiernan to approve. Motion Carried 6-1. Absent:
Cownie. |
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41. Contract
Amendment #3 to the Community Development Block Grant Housing Disaster
Recovery Fund Contract with Iowa Department of Economic Development. (Council Communication No. 09-348) Moved by Kiernan to approve. Motion Carried 6-1. Absent:
Cownie. |
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42. Preliminary
terms of understanding with Cold Stream, LLC for development of a 50-acre
parcel at |
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43. Submission
of application to State of Iowa for funding under the Community Economic
Betterment Account (CEBA) and preliminary approval of terms of agreement with
Eurofins Scientific, Inc. for reuse of 2200 Rittenhouse Street. (Council Communication No. 09-320) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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44. Urban
Renewal Development Agreement with ND 25 SW 5th L.L.C. for
redevelopment of property at |
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45. Subordination
and payment extension documents related to a Neighborhood Commercial
Revitalization Loan to Kung Fu Tea, LLC d/b/a Gong Fu Tea for |
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46. Petitioning
Iowa Department of Economic Development to extend the Des Moines Gateway
Enterprise Zone for an additional ten (10) years. (Council Communication No. 09-332) Moved by Kiernan to approve. Motion Carried 6-1. Absent:
Cownie. |
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47. Receipt
of Airport Board Regulation No. 09-60 regarding commercial use fees, a part
of rates and charges at the |
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48. Amendment
#3 to the FY2006 Law Enforcement Terrorism Prevention Program Grant changing
the end date to May 31, 2009. (Council Communication No. 09-329) Moved by Kiernan to approve. Motion Carried 6-1. Absent:
Cownie. |
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49. US
Department of Homeland Security 2009 Assistance to Firefighters Grant
Application. (Council Communication No. 09-306) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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50. Second
Amendment to the 28E Agreement with Kiwanis Riverview Nature Island,
Inc. (Council Communication No. 09-307) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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51. Authorization
to submit application and execute contract with State Historical Society of
Iowa for Historical Resource Development Program Grant for Historic
Preservation Plan for Fort Des Moines, $46,776. (Council Communication No. 09-316) Moved by Kiernan to approve. Motion Carried 6-1. Absent:
Cownie. |
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52. Communication
from Downtown Community Alliance on behalf of Iowa State Bank for display of
banners on 10 poles in downtown Des Moines on E. Locust Street beginning June
2009.
Moved by Kiernan to receive, file and approve banner design. Motion Carried 6-1. Absent:
Cownie. |
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53. Bids from the following: |
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(A) Action Products Marketing Corporation, d/b/a AP/M
Permaform for a portable mortar application trailer to be used by the Public
Works Department, $65,000 (Ten bids mailed, two received). (Council Communication No. 09-311) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(B) Crow Automotive Services, d/b/a Crow Tow for an
annual contract with two (2) additional one year renewal options to furnish
towing and emergency road services to be used by the |
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(C) Dewey Ford and Charles Gabus Ford for various vehicles
for city-wide use (four additions to Fleet, two replacements for Fleet, two
replacements for Aviation), $211,080.
(Sixteen bids mailed, five received).
(Council Communication No. 09-315) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(D) Logan Contractors Supply for crack and joint
sealant and detackifier products to be used by the Public Works Department,
$27,775. (Two bids mailed, two
received). Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(E) Fire Guard Inc. for self contained breathing
apparatus (SCBA) to be used by the Fire Department, $77,000. (Two bids mailed, two received).
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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(F) Hutchinson Salt Co. for rock salt to be used by the
Public Works Department, $501,504.10.
(Ten bids mailed, three received).
(Council Communication No. 09-318) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(G) Premier Auto Solutions d/b/a AAMCO Transmissions for
an annual contract with two (2) additional one-year renewal options to
furnish transmission repair services to be used by the |
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(H) Sandry Fire Supply for an annual contract with two
(2) additional one-year renewal options to furnish fire service bunker coats
and pants to be used by the Fire Department, $42,810. (Ten bids mailed, five received).
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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(I) Tri State Companies blanket purchase order for
Toro mower equipment repair parts to be used by the Park & Recreation
Department, $30,000. (Council Communication No. 09-308) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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(J) Cretex Concrete Products for annual contract with
one (1) additional one-year renewal option to furnish concrete pipe materials
for storm and sanitary sewer maintenance to be used by the Public Works
Department, $30,000. (Two bids mailed,
two received). Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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54. Exception
to procurement ordinance competitive bidding requirements for good cause and approving
payment to Greater Des Moines Baseball Co. (Iowa Cubs) for flood related
preparedness and repairs, $90,703.90.
(Council Communication No. 09-309) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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55. Civil
Service Entrance Lists for Park and Aviation Maintenance Technician, Housing
Services Inspections Team Leader, |
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56. Authorizing
Finance Director to draw checks on registers for the weeks of
May 18, May 24, and June 1, 2009; to draw checks for bills
of the Des Moines Municipal Housing Agency for weeks of May 18, May 24 and
June 1, 2009; and to draw checks for bi-weekly payroll due May 22 and June 5,
2009.
Moved by Kiernan to adopt.
Motion Carried 6-1.
Absent: Cownie. |
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*
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* * *
* * END CONSENT AGENDA *
* * *
* * *
* * |
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57. On request from Hubbell
Realty Company to rezone 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 216
multiple-family residential units, subject to Developer’s agreement upon
terms set forth in the Council Communication (6 Council votes are required to approve the rezoning). (Council Communication No. 09-349) Moved by Coleman that this
ordinance be considered and given second vote for passage, subject to
Developer’s agreement upon terms set forth in Council Communication No.
09-349, and refer to the
City Manager to ensure the conditions approved by Council related to the
final passage of zoning amendments are implemented. These conditions
include: 1) to refer the water issues along Diehl, and other infrastructure
needs in the area to the City Manager for further review in conjunction with
TIF review and other possible funding sources; 2) no site plan is to be
approved for the property contrary to Council Communication Number 09-349 or
the Hubbell letter submitted on this item; 3) the City Clerk, Legal, and
Community Development Departments to immediately notify Council and put an
item on the agenda for a Council-initiated rezoning of the property if a site
plan is submitted contrary to the Council Communication or Hubbell letter; if
a site plan is submitted by someone other than Hubbell, or if there is a
change in ownership of the property; and 4) to direct that Council Member
Meyer be kept in the loop on any communication on this project.
Motion Carried 6-1. Nays: Meyer. |
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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, #14,854. Motion Carried 6-1. Nays:
Meyer. |
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ORDINANCES - FIRST CONSIDERATION |
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58. Amending Chapter 78 of the Municipal
Code regarding allowed procedures for enforcement of the regulations
applicable to peddlers, transient merchants, and solicitors.
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, (waiver requested by Community Development Director),
requires 6 votes. (Council Communication
No. 09-350) 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, #14,853. Motion Carried
7-0. |
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59. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows: (Council Communication
No. 09-324) Moved by Hensley that this ordinance be considered and given first
vote for passage. Motion Carried 7-0. |
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(A) Parking Modifications - |
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(B) Parking Restrictions -Woods on the River
Plats 6, 8 and 9. |
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(C) Parking Restrictions for traffic Calming
measures on |
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(D) |
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(E) Code Revisions for Streets that have been vacated, renamed or had field adjustment. |
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(F) 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, #14,855.
Motion Carried 7-0. |
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60. From Rick Flatt, |
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61. Request from Dan Parker, on behalf of
David and Kelsey Parker, requesting an amendment to the Zoning Ordinance
which they believe necessary for the financing and sale of their home at |
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62. From Wendy Walker Rains, |
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63. From Mikki Stier, |
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HEARINGS (OPEN AT 5:41 P.M.) (ITEMS 64 THRU 74) |
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64. On
Application for Certificate of Public Convenience and Necessity to Operate
Taxicab Services from Oh-Ho Venture Strategies, LLC, d/b/a Freedom Taxi. (Council Communication No. 09-325) Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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65. On
Twenty-Second 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. (Council Communication No. 09-298) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Communication from Plan and Zoning Commission finding the
amendment in conformance with the Des Moines 2020 Community Character Plan.
Moved by Meyer to receive and file.
Motion Carried 7-0. |
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66. 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. Moved by Kiernan to adopt. Motion Carried 6-1. Absent:
Cownie. |
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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
6-1. Absent: Cownie. |
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(B) Final consideration of ordinance above.
Moved by Kiernan 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, #14,856.
Motion Carried 6-1.
Absent: Cownie. |
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67. Items regarding property in the vicinity of
18th and Atkins Streets to Ryan Galloway: (Council Communication No. 09-336) |
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(A) Recommendation from Plan and Zoning Commission.
Moved by Hensley to receive and file and refer to the Engineering
Department, Real Estate Division.
Motion Carried 7-0. |
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(B) On vacation and conveyance of portions of excess
street and alley right-of-way located between 18th Street and 19th
Street from Atkins Street to Day Street, $5,875. Moved by Hensley to
adopt. Motion Carried 7-0. |
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(C) 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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(D) Final consideration of ordinance above, (waiver
requested by applicant), 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, #14,857. Motion Carried
7-0. |
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68. Items regarding property at |
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(A) To amend the Des Moines 2020 Community Character
Land Use Plan future land use designation from Low-Density Residential to Commercial:
Auto-Oriented Small-Scale Strip Development. Moved by Meyer to approve and
adopt. Motion Carried 7-0. |
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(B) Hearing on request from Easter Lake Estates, Inc. to
rezone the property, 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. Moved by Meyer to approve and
adopt. Motion Carried 7-0. |
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(C) First consideration of rezoning ordinance above. Moved
by Meyer that this ordinance be considered and given first vote for
passage. Motion Carried 7-0. |
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(D) Final consideration of ordinance above.
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, #14,858.
Motion Carried 7-0. |
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69. 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
serving alcohol. Moved by Hensley to adopt. Motion Carried 7-0. |
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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 applicant), requires 6 votes.
(Council Communication No. 09-322)
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, #14,859.
Motion Carried 7-0. |
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70. On
Supplement D-1 to the Governmental Lease-Purchase Master Agreement with
Delage Landen Public Finance LLC, not to exceed $800,000. (Council Communication No. 09-305) Moved by Cownie to adopt. Motion Carried 7-0. |
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(A) Authorization for additional actions. Moved by Cownie to
adopt. Motion Carried 7-0. |
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(B) Authorizing Execution and Delivery. Moved by Cownie to
adopt. Motion Carried 7-0. |
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(C) Approving bid from O’Halloran International Inc., for
various heavy-duty trucks to be used by the Public Works Department, $883,078. (Council Communication No. 09-314) Moved by Cownie to adopt. Motion Carried 7-0. |
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71. On
Supplement D-2 to the Governmental Lease-Purchase Master Agreement with
Delage Landen Public Finance LLC, not to exceed $1,200,000. (Council Communication No. 09-304) Moved by Hensley to adopt. Motion Carried 7-0. |
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(A) Authorization for additional actions. Moved by Hensley to
adopt. Motion Carried 7-0. |
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(B) Authorizing Execution and Delivery. Moved by Hensley to
adopt. Motion Carried 7-0. |
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(C) Approving bid from Trans-Iowa Equipment for seven
replacement street sweepers to be used by the Public Works Department,
$1,116,017. (Council Communication No. 09-313) Moved by Hensley to adopt. Motion Carried 7-0. |
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72. On
honorary designation of a section of Center Street from 12th to
M.L. King Jr. Parkway after Louis A. Garland, Sr. Moved by Hensley to
approve. Motion Carried 7-0. |
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73. On
6th Avenue Resurfacing – University Avenue to Des Moines River Bridge:
Resolution approving plans, specifications, form of contract documents,
engineer’s estimate and designating lowest responsible bidder as OMG Midwest,
Inc. d/b/a Des Moines Asphalt &
Paving, (James Gauger, President), $543,031.13. (Council Communication No. 09-342)
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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74. On
Fleur Drive/Blue Street Resurfacing – Beardsley Street to SW 9th
Street: Resolution approving plans, specifications, form of contract
documents, engineer’s estimate and designating lowest responsible bidder as
OMG Midwest, Inc. d/b/a Des Moines
Asphalt & Paving, (James Gauger, President), $493,620.63. (Council Communication No. 09-344)
Moved by Hensley to adopt. Motion
Carried 7-0. |
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(A) Approval of contract and bond and permission to sublet.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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*** END HEARINGS AT 6:05 PM *** |
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75. Directing
sale of Series 2009E, F, and G General Obligation Bonds for the FY2009-10 Capital Improvements
Budget, (a special Council meeting will be held on June 3rd at
4:00 PM to award low bid on sale of bonds).
(Council Communication No. 09-303)
Moved by Mahaffey to adopt.
Motion Carried 7-0. |
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76. Review
of Board of Adjustment decision to amend a use variance at |
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77. Contract
with Wellmark Blue Cross Blue Shield of Iowa, for Administration Services
related to the City’s self-insured Dental Plan for employees and certain
retirees and affirming report of Hearing Officer on appeal of award of
contract. (Council Communication No. 09-301) Moved by Hensley to adopt. Motion Carried 7-0. |
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EXTRA ITEMS |
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1. Consideration of Outdoor
service area for Pelican Bar, |
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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) 2709 College Avenue, two garage structures,
Titleholders: Glen H. Mikel and Susan
M. Mikel; Contract Buyers: Patrick G. Wegner
and Karen Wegner. Moved by Kiernan to adopt. Motion Carried 7-0. |
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(B) 2409 E. Grand Avenue, main structure, garage,
and accessory structure, Titleholder:
James Hook. Moved by Kiernan to adopt. Motion Carried 7-0. |
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(C) 2517 Woodland Avenue, main structure and
garage, Titleholder: 5601 Properties,
LLC.
Moved by Kiernan to adopt.
Motion Carried 7-0. |
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(D) 1331 9th Street, fire-damaged
main structure, Titleholder: Hollie
Hughes. Moved by Kiernan to adopt. Motion Carried 7-0. |
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(E) 1184 14th Street, main structure,
Titleholder: Kathy A. Gustafson.
Moved by Kiernan to adopt.
Motion Carried 7-0. |
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2. Communication regarding demolition cost reserve being held by Nationwide
Insurance Company for the fire-damaged garage structure located at |
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MOTION TO ADJOURN. Moved
by Meyer to adjourn at 6:38 PM. Motion
Carried 7-0. |
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1949 1976 1981 2003 |
