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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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June 22, 2009 4:30 PM |
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SPECIAL
PRESENTATIONS – 4:15 PM |
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Announcing Partnership
with |
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Baby Boomers
Cookie – Official Cookie of the City of |
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INVOCATION: Pastor Craig Robertson |
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Grant Park Christian Church |
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E. 25th and Capitol |
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1. ROLL CALL: Present:
Cownie, Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. Motion Carried 7-0. |
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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 43: 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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(B) LA FAVORITA |
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(C) NEW |
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RENEWAL APPLICATIONS |
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(D) AIR LANES 4200 FLEUR DR C Liquor |
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(E) |
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(F) CHEFS KITCHEN 1903 BEAVER
AVE C Liquor |
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(G) DES MOINES COMMUNITY 831 42ND ST C Liquor |
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(H) D'S MAIN GATE 2956 E GRAND AVE C Liquor |
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(I) H & A MINI MART 145
UNIVERSITY C Beer |
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(J) HOUSE OF BRICKS |
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(K) HUGH'S JUNGLE ROOM 5715 DOUGLAS
AVE C Liquor |
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(L) PRINCIPAL FINANCIAL 600 7TH ST C Liquor |
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(M) QUIKTRIP # |
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(N) QUIKTRIP #534 2945 E UNIVERSITY C Beer |
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(O) SAVE A |
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(P) |
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(Q) SPLASH SEAFOOD BAR/GRILL |
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(R) US GAS 3000 SW 9TH ST C Beer |
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(S) WAKONDA CLUB 3915 FLEUR DR C Liquor |
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TRANSFER TO NEW LOCATION |
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(T) |
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Temporary
transfer from |
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(U) FLYING MANGO 519 PARK ST C Liquor |
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Temporary
transfer from |
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OUTDOOR SERVICE APPLICATIONS |
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(V) BLAZING SADDLE 416 E 5TH ST C Liquor |
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Temporary in conjuction
with Bike Night Celebration on July 10, 2009.
Pending approval of Building, Electrical Fire and Zoning Departments. |
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(W) BUDDYS CORRAL 418 E 5TH ST C Liquor |
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Temporary in conjuction with
Bike Night Celebration on July 10, 2009.
Pending approval of Building, Electrical Fire and Zoning Departments. |
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(X) LOCUST TAP |
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Temporary in conjuction
with Bike Night Celebration on July 10, 2009.
Pending approval of Building, Electrical Fire and Zoning Departments. |
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(Y) UNDERGROUND |
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Temporary in conjuction
with Bike Night Celebration on July 10, 2009.
Pending approval of Building, Electrical Fire and Zoning Departments. |
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SPECIAL EVENTS APPLICATIONS |
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(Z) CENTERPLATE 1 LINE
DR F ive (5) Day
License |
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Class
B Beer Permit for an event on July 1, 2009. |
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(AA) GREATER DSM MUSIC 1418 GRAND AVE Five
(5) Day License |
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Class
C Liquor License for the 80/35 Mustic Festival on July 3 – 4, 2009. Pending approval of Fire and Zoning Departments. |
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(BB) GREATER DSM MUSIC
1305 LOCUST ST Five (5) Day License |
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Class
B Beer Permit for the 80/35 Mustic Festival on July 3 – 4, 2009. Pending approval of Fire and Zoning
Departments. |
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(CC) GREATER DSM MUSIC 1311 LOCUST ST Five (5) Day License |
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Class
B Beer Permit for the 80/35 Mustic Festival on July 3 – 4, 2009. Pending approval of Fire and Zoning
Departments. |
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(DD) GREATER DSM MUSIC 1307 LOCUST ST Five (5) Day License |
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Special
Class C Liquor License (Beer/Wine) for the 80/35 Mustic Festival on July 3 –
4, 2009. Pending approval of Fire and
Zoning Departments. |
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(EE) PARKS AREA
FOUNDATION 3612 6TH AVE Five (5) Day License |
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Class B Beer Permit for
Sweet Corn Feed on July 18, 2009. |
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(FF) SOCIETY OF ITALIAN 1801 MCKINLEY Five (5) Day License |
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Class
B Beer Permit for the Society of Italian American Festival on July 30 –
August 2, 2009. |
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(GG) WATERWORKS PARK 2201 GEORGE FLAGG Five (5) Day License |
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Special
Class C Liquor License (Beer/Wine) for Summer Jam Country Bash event, June
28, 2009. |
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4-I Consideration of 5-day, Special
Class C Liquor License for Kitchen Collage of Des Moines at parking lot
adjacent to 309 Court Avenue for an event on July 11, 2009. (Pending approval of Building, Electrical,
Fire, Vice and Zoning Departments.) Sponsor: Council Member Meyer. Moved
by Vlassis to adopt. Motion Carried 7-0.
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4-II Consideration of 5-day, Class B Beer License for Parks Area Foundation
at |
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5. City Clerk to issue Cigarette Licenses. Moved by Vlassis 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 Complex Shade Structures: Receiving of bids, (7-14-09), and Setting
date of hearing, (7-27-09).
(Construction Estimate - $88,600).
(Council Communication No. 09-413) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) McKinley Avenue Drainage Improvements – SW 26th/SW 31st
Streets: Receiving of bids, (7-14-09),
and Setting date of hearing, (7-27-09).
(Construction Estimate - $313,476.50).
(Council Communication No. 09-415) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) 2009 Expanded Street Resurfacing Program – Contract 1: Receiving of bids, (7-14-09), and Setting
date of hearing, (7-27-09). (Construction Estimate - $1,122,600). (Council Communication No. 09-417) Moved by Vlassis to adopt. Motion Carried 7-0. |
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7. Authorization to submit CDBG Disaster Recovery Infrastructure Applications
to Iowa Department of Economic Development on behalf of Des Moines Wastewater
Reclamation Authority. (Council Communication No. 09-412) Moved by Vlassis to adopt. Motion Carried 7-0. |
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8. Approving and authorizing Amendment No. 1 to the United States Department
of Agriculture Natural Resources Conservation Service Project Agreement for
the Emergency Watershed Protection Program for |
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9. Accepting completed construction and
approving final payment for the following: |
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(A) 2008 Park and Cemetery HMA Improvements, Grimes Asphalt
& Paving Corp. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) Court Avenue Streetscape Rehabilitation, Baker Electric, Inc.
Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) Police Station Generator Exhaust Stack, Wolin &
Associates, Inc. Moved by Vlassis to adopt. Motion Carried 7-0. |
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10. Levying assessments for costs of Nuisance Abatement – NAC Emergency
Orders (Community Development) Schedule 2009-12. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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11. Establishing Fair Market Value of |
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12. Accepting proposal from Terrus Real
Estate Group for commercial real estate listing services for the lease or
sale of property at |
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13. On conveyance of property, north
of I-235 between 21st and 22nd Streets, to adjoining
property owners, Don and Jason Roose, $200, (7-13-09). Moved by Vlassis to
adopt. Motion Carried 7-0. |
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14. On Terminal Building Lease with United
States General Services Administration at the Airport, (7-13-09) Moved by Vlassis to adopt. Motion Carried 7-0. |
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15. Approving payment of
$3,198.97 to Hall & Associates for services related to the combined sewer
system and combined sewer overflows, NPDES Permit and additional work on proposed
rules by IDNR. Moved by Vlassis to adopt. Motion Carried 7-0. |
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16. Approving payment of
$15,555.54 to David Melling and his attorney for a workers’ compensation
claim.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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17. Approving payment of
$32,789.80 to John Riccio and his attorney for a workers’ compensation claim.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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18. Approving payment of
$12,720 to Dale and Rhonda Methfessel for a property damage claim.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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19. Submitting training requests for Vidal
Spaine, Rex Sparks and Michael Towey.
(Council Communication
No. 09-435) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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20. Supportive
Housing Program (SHP) Renewal Grant Agreement with the United States
Department of Housing and Urban Development (HUD). Moved by Vlassis to
adopt. Motion Carried 7-0. |
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21. Receipt
of communication from Polk County Housing Continuum Board submitting
recommendations for the 2009 Supportive Housing Program priorities. (Council Communication No. 09-398) Moved by Vlassis to adopt. Motion Carried 7-0. |
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22. Authorizing
City Manager to develop and submit an application to HUD with the State of |
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23. Goals
for the 2010-2014 US Housing and Urban Development Consolidated Plan for
Federal Entitlement Funds and notices of funding availability for the
2010-2011 program years. (Council Communication No. 09-436) Moved by Vlassis to adopt. Motion Carried 7-0. |
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24. Grant
Request to the Federal Home Loan Bank of Des Moines Affordable Housing
Program by the City of Des Moines/West Bank to provide rehabilitation
assistance in low-income owner-occupied housing. (Council Communication No. 09-427) Moved by Vlassis to approve. Motion Carried 7-0. |
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25. Grant
Award from the Polk County Housing Trust Fund (PCHTF) to be used as Gap
Funding within the Jumpstart Housing Assistance Program. (Council Communication No. 09-429) Moved by Vlassis to approve. Motion Carried 7-0. |
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26. Request
for the release of funds from the Iowa Department of Economic Development
(IDED) for funds from the Low-Income Housing Tax Credit Fund for the Homes of
Oakridge, Phase II Project. (Council Communication No. 09-422) Moved by Vlassis to adopt. Motion Carried 7-0. |
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27. The
1512, LLC Application for Enterprise Zone Benefits for a housing project at |
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28. 2009
Recovery Act: Edward Byrne Memorial Justice
Assistance Grant (JAG) Application and Memorandum of Understanding with |
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29. Amendment
No. 4 to FY2006 Law Enforcement Terrorism Prevention Program Grant. (Council Communication No. 09-430) Moved by Vlassis to approve. Motion Carried 7-0. |
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30. Acceptance
of 2009 Recovery Act: Edward Byrne Memorial Justice Assistance Grant Award to
be utilized to improve forensic capabilities, upgrade technology, fund
equipment that will address officer safety and provide for procedural
efficiencies. (Council Communication No. 09-432) Moved by Vlassis to approve. Motion Carried 7-0. |
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31. Agreements for the following health
services, (July 1, 2009 –June 30, 2012): |
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(A) Accelerated Rehabilitation Centers for Physical Therapy
Services. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) Des Moines |
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32. Annual
Property and Casualty Insurance Renewals effective July 1, 2009. (Council Communication No. 09-405) Moved by Vlassis to adopt. Motion Carried 7-0. |
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33. Designation
of Multiple Depositories for City funds and the maximum allowable
amount. (Council Communication No. 09-399) Moved by Vlassis to adopt. Motion Carried 6-0. Council Member Hensley
declares a conflict of interest and abstains from voting. |
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34. Application
from Christ the King Catholic Church requesting approval for a banner across |
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35. Communication
from Downtown Community Alliance, on behalf of the Iowa State Fair, to
approve banner design for 90 banners to be displayed in Downtown Des Moines
on E. Locust Street, Locust Street, and Grand Avenue. Moved by Vlassis to receive,
file and approve banner design.
Motion Carried 7-0. |
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36. Receipt
of Airport Board Regulation No. 09-60 regarding commercial use fees as part of
rates and charges at the |
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WITHDRAWN |
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37. |
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38. Procurement
of electronic legal research services and materials from Thomson Reuters,
estimated annual cost $48,000. (Council Communication No. 09-424) Moved by Vlassis to adopt. Motion Carried 7-0. |
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39. Proposal
for on-site fleet services parts procurement and supply services with Genuine
Parts Company d/b/a NAPA Auto Parts. (Council Communication No. 09-401) Moved by Vlassis to approve. Motion Carried 7-0. |
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40. Approving bids for the following: |
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(A) 1824 Scott LLC for water service stop box
relocation services for use by the Public Works Department, $49,500. (Twelve bids mailed, three received).
Moved by Coleman to adopt.
Motion Carried 7-0. |
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(B) 1824 Scott LLC for hydro seeding and backfilling
services for use by the Public Works Department, $45,000. (Seven bids mailed, three received).
Moved by Coleman to adopt.
Motion Carried 7-0. |
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(C) Bound Tree Medical for an annual contract with two
(2) additional one year renewal options to furnish over 300 medical and
pharmaceutical supplies to be used by the Fire Department, $145,000. (Thirteen bids mailed, three received).
Moved by Coleman to adopt.
Motion Carried 7-0. |
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(D) Tait Radio Communications for radio equipment for
use by the Public Works Department, $51,818.
(Four bids mailed, two received). Moved by Coleman to adopt. Motion Carried 7-0. |
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(E) Pool Tech |
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41. Agreement
with the Iowa Department of Natural Resources for an AmeriCorps Member for
service to the Information Technology Department. (Council Communication No. 09-400) Moved by Vlassis to adopt. Motion Carried 7-0. |
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42. Civil
Service Entrance lists for Park Planner and User Support Technician and Promotional
list for Cement Finisher. Moved by Vlassis to receive and file. Motion Carried 7-0. |
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43. Authorizing
Finance Director to draw checks on registers for weeks of
June 22, June 29, and July 6, 2009; to draw checks for bills
of the Des Moines Municipal Housing Agency for weeks of June 22, June 29, and
July 6, 2009; and to draw checks for biweekly payroll due July 2, 2009.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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*
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* * END CONSENT AGENDA *
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44. On proposed renaming of
streets recently annexed or to be annexed in the City of |
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ORDINANCES - FIRST CONSIDERATION |
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45. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows: (Council Communication
No. 09-408) Moved by Mahaffey that this ordinance be considered and given first
vote for passage. Motion Carried 7-0. |
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(A) Designation of one-sided parking
restrictions and stop control – Brook Run Village Plats 13, 14 and 15. |
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(B) Parking restrictions to facilitate solid
waste collection – north side of |
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(C) 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, #14,862.
Motion Carried 7-0. |
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46. Amending Chapter 94 of the
Municipal Code regarding emergency repair of public improvements.
Moved by Coleman that this ordinance be considered and given first
vote for passage. The City Manager will arrange a special Council meeting to
approve these matters, if time allows.
Motion Carried 7-0. |
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47. Amending Chapter 14 of the
Municipal Code regarding public dances in |
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(A) Communication
from the Park and Recreation Board regarding the Public Dance Ordinance.
Moved by Hensley to refer to City Manager for review and
recommendation and to allow the |
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(B) Request
from Jessica Hernandez, 2654 |
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48. From Bob Wessel, |
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49. From the Warren County Economic Development
Corporation (WCEDC) regarding the City of |
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50. Request from International Soccer League
of Iowa, Juan Carlos Anaya, |
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51. Petitions from property owners requesting
paving and sidewalks on |
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52. On
appeal from Andrew Newsom, |
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52-I Discussion regarding regulation and
licensing of pit bulls. Moved by Hensley to refer to the City Manager
for review and recommendation of any amendments to the pit bull
ordinances. Motion Carried 6-1.
Absent: Coleman. |
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53. On Supplements to the Governmental
Lease-Purchase Master Agreements with De Lage Landen Public Finance LLC, for
the following, and repealing roll calls 09-912 thru 09-914 and 09-916 thru
09-918: |
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(A) Supplement D-1, $778,854, to acquire five heavy-duty
trucks with plows and ice control equipment. (Council Communication No. 09-402) Moved by Vlassis to adopt. Motion Carried 6-1. Absent: Coleman. |
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(1) Authorizing additional action. Moved by Vlassis to adopt. Motion Carried 6-1. Absent: Coleman. |
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(2) Authorizing execution and delivery. Moved by Vlassis to adopt. Motion Carried 6-1. Absent: Coleman. |
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(B) Supplement D-2, $1,116,017, to acquire up to seven street
sweepers. (Council Communication No. 09-403) Moved by Vlassis to adopt. Motion Carried 6-1. Absent: Coleman. |
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(1) Authorizing additional action. Moved by Vlassis to adopt. Motion Carried 6-1. Absent: Coleman. |
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(2) Authorizing execution and delivery. Moved by Vlassis to adopt. Motion Carried 6-1. Absent: Coleman. |
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54. On
vacation and conveyance of a small segment of E. 33rd Street,
south of E. Thompson Avenue and of Thompson Avenue between E. 33rd
and E. 34th Streets to St. Joseph’s Church, $600. (Council Communication No. 09-410) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(A) First consideration of ordinance above.
Moved by Mahaffey 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. 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, #14,863.
Motion Carried 7-0. |
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55. On items regarding property at 1032 and |
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(A) Amending the Des Moines 2020 Community Character Plan
land use designation from Low-Density Residential to Mixed-Use and Density.
Moved by Hensley to adopt and approve the proposed amendment. Motion Carried 7-0. |
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(B) Hearing on request from Ryan Galloway to rezone
property from “R-3” (Multiple-Family Residential) to Ltd. “NPC” (Neighborhood
Pedestrian Commercial) to allow future pedestrian-oriented multiple-family
residential development, subject to conditions. Moved by Hensley to adopt and
approve the rezoning, subject to final passage of the rezoning
ordinance. 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, #14,864.
Motion Carried 7-0. |
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56. On
request from Menard, Inc., to rezone property at 1201 E. Diehl Avenue, from
“R1-60” (One-Family Low Density Residential) and “C-2” (General Retail and
Highway Oriented Commercial) to Ltd. “C-2”, (to correct legal description
submitted with Roll Call 09-765). Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) First consideration of ordinance above.
Moved by Meyer that this ordinance be considered and given first vote
for passage. Motion Carried 7-0. |
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(B) Final consideration of ordinance above, (waiver
requested by applicant), requires 6 votes. Moved by Meyer that the rule
requiring that an ordinance must be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be finally passed
be suspended, that the ordinance be placed upon its final passage and that
the ordinance do now pass, #14,852.
Motion Carried 7-0. |
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57. On
request from Andy Holt for the Baker PUD Conceptual Plan 4th
Amendment, |
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(A) Preliminary terms of agreement with Cold Stream, LLC for
development of 50-acre light industrial business park at |
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58. On
renaming of the |
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59. On
2009 Designated Neighborhood Sidewalk Replacement Program: Resolution approving plans, specifications,
form of contract documents, engineer’s estimate and designating lowest
responsible bidder as MPS Engineers, P.C., (Umesh G. Shetye, President),
$257,242.50. (Council Communication No. 09-420) Moved by Kiernan to adopt. Motion Carried 6-1. Absent: Mahaffey. |
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(A) Approving contract and bond. Moved by Kiernan to adopt.
Motion Carried 6-1. Absent: Mahaffey. |
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60. On
2009 HMA Pavement Scarification & Resurfacing: 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), $450,959.
(Council Communication No. 09-421) Moved by Vlassis to adopt. Motion
Carried 6-1. Absent: Mahaffey. |
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(A) Approving contract and bond. Moved by Vlassis to adopt.
Motion Carried 6-1. Absent: Mahaffey. |
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61. On
2009 Parks Playground & Basketball Court 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),
$168,505. (Council Communication No. 09-418) Moved by Vlassis to adopt. Motion
Carried 6-1. Absent: Mahaffey. |
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(A) Approving contract and bond. Moved by Vlassis to adopt.
Motion Carried 6-1. Absent: Mahaffey. |
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*** END HEARINGS AT 6:21 PM *** |
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62. Intergovernmental
28E Agreement with the |
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63. Application
for United States Department of Homeland Security 2009 Assistance to Fire
Fighters Fire Station Construction Grant.
(Council Communication No. 09-404) Moved by Vlassis to adopt. Motion
Carried 6-1. Absent: Mahaffey. |
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64. Application
for Energy Efficiency and Conservation Block Grant from the Department of
Energy, $1,982,300. (Council Communication No. 09-437) Moved by Vlassis to approve. Motion
Carried 6-1. Absent: Mahaffey. |
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65. Request
from Tommy Mauro for a waiver of the requirement to maintain a six-foot wide
pedestrian pathway upon the public sidewalk adjoining the Pelican Bar at |
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(A) Consideration of adding permanent outdoor service area to
Class C Liquor license at the Pelican Bar. Moved by Hensley to deny. Motion
Carried 6-1. Absent: Mahaffey. |
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EXTRA ITEMS |
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1. Request from Dr. K. L.
Hebron, |
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2. Recommendation from
Council Member Kiernan to re-appoint Tom Ross to the Airport Board, Seat 2,
for a four-year term commencing June 30, 2009 to expire June 30, 2013.
Moved by Kiernan to adopt. Motion Carried 6-1. Absent: Mahaffey. |
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3. Recommendation from
Council Member Meyer to appoint Carl B. Voss to the Traffic Safety Committee,
Seat 7, for a three-year term commencing December 31, 2008 to expire December
31, 2011. Moved by Meyer to adopt. Motion Carried
6-1. Absent: Mahaffey. |
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MOTION TO CONVENE. Moved by Vlassis that the Council adjourn
and convene as a Board of Health. Motion Carried 6-1. Absent: Mahaffey. |
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APPROVING: |
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1. The Legal Department to proceed with court
action seeking authority to abate the public nuisance at the following
locations: |
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(A) 1043 Martin Luther King Jr. Parkway,
fire-damaged structure, Titleholder:
Terry May. Moved by Vlassis to adopt. Motion Carried
6-1. Absent: Mahaffey. |
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(B) 1820 E. 24th Street, main
structure, Titleholder: Aletha L.
Shepherd (Deceased). Moved by Vlassis to adopt. Motion Carried
6-1. Absent: Mahaffey. |
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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 Vlassis to adjourn at 7:15 PM.
Motion Carried 6-1. Absent: Mahaffey. |
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1949 1976 1981 2003 |
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