March 9, 2009 4:30 PM
SPECIAL PRESENTATION – 4:00 PM
Proclamation and Presentation of Key to the City in honor of Bob Mickle
INVOCATION: Chaplain John Harrell - Fire Department
1. ROLL CALL:
2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
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|
*Note: |
These are routine items and will be enacted by
one roll call vote without separate discussion unless someone, Council or
public, requests an item be removed to be considered separately. |
3. APPROVING CONSENT AGENDA – items 3 through 33:
4. Approving Alcoholic Beverage License Applications for the following:
NEW
APPLICATIONS
(A)
FAT
TUESDAY 6112 SW 9TH St C
Liquor
RENEWAL APPLICATIONS
(B)
BOWLERAMA LANES
(C)
DAHLS FOODS 3425 INGERSOLL E Liquor
(D)
FRANCIES 2100 WAKONDA VIEW C Liquor
(E)
HY VEE FOOD STORE
(F)
HY VEE WINE &
SPIRITS
(G)
(H)
KELLYS LITTLE
NIPPER
(I)
LIARS CLUB 216 COURT AVE C Liquor
(J)
NAT FOOD MART
(K)
OVATIONS FOOD
SERVICES
(L)
PAESANOS PIZZERIA 2804 SW 9TH ST C Beer/Wine
(M) QUIKTRIP #
(N)
RICCELLIS SUPPER
CLUB 3803 INDIANOLA C Liquor
(O)
SUPER QUICK
(P)
WAVELAND GOLF
COURSE 4908
UNIVERSITY C Liquor
(Q)
WINSTONS PUB AND
GRILLE 601 LOCUST ST C Liquor
SPECIAL EVENTS APPLICATIONS
(R)
LIARS CLUB 216 COURT Five (5) Day License
Class
C Liquor License for
5. Ordering construction of the following:
(A)
High Street Realignment –
(Council Communication No. 09-148)
(B) Trestle to Trestle Trail Realignment: Receiving of bids (3-24-09), and Setting date of hearing, (4-6-09). (Construction Estimate - $277,750).
(Council Communication No. 09-149)
6.
Approving execution of Iowa Department of Transportation Agreement
for
(Council Communication No. 09-143)
7. Approving Professional Services Agreement with Genus Landscape Architects, P.C. for professional services for the Beaver Avenue Streetscape, not to exceed $169,885.
(Council Communication No. 09-140)
8.
Approving Professional Services Agreement with Snyder &
Associates for Design and Construction Phase services for the SE 6th
Street
(Council Communication No. 09-141)
9.
Approving Change Order No. 6 with Christensen Bros., Inc. for additional
work on
(Council Communication No. 09-137)
10. Accepting completed construction and approving final payment for the following:
(A)
Jensen Construction Co. and United
Contractors, Inc., A Joint Venture –
(B)
Grimes Asphalt & Paving Corp. -
11. Levying assessments for costs of Nuisance Abatement – NAC Emergency Orders (Community Development) Schedule No. 2009-05.
12.
Establishing Fair Market Value of
(Council Communication No. 09-145)
13. Release of Irrevocable Letter of Credit No. 12012006A in amount of $56,128 from First National Bank as security for completion of a portion of the required improvements which have been satisfactorily completed and recommend that security for such improvements be reduced and partially released to a new balance with Irrevocable Letter of Credit No. 02192009A in the amount of $14,032 for Sawyer’s Landing Plat l.
(Council Communication No. 09-136)
14. Release of PUD Restoration Bond #IAC73839 from Merchants Bonding Company in amount of $41,287 as security for completion of required grading and site restoration improvements for Drake-Hubbell Housing development.
(Council Communication No. 09-135)
15. Approving seven Tax Abatement applications for additional value added by improvements made in 2008.
(Council Communication No. 09-131)
BOARDS/COMMISSIONS/NEIGHBORHOODS
16. Recommendation from Mayor Frank Cownie to appoint Jay Lettow to the Access Advisory Board, Seat 8, for a four-year term to expire June 15, 2009 and to an additional four-year term to expire June 15, 2013.
16I Recommendation from Council Member Michael Kiernan to reappoint Richard Thornton to the Park and Recreation Board, Seat 4, for a four-year term commencing June 30, 2007 to expire June 30, 2011.
COMMUNICATIONS FROM PLANNING AND ZONING
17.
Regarding vacation of a
segment of east/west alley between E. Locust and E. Walnut Streets running 88
feet west of
18. On request from Menard, Inc. to rezone property at 1201 E. Diehl Avenue from “R1-60” (One-Family Low-Density Residential) and “C-2” (General Retail and Highway Oriented Commercial) to Ltd. “C-2” (General Retail and Highway Oriented Commercial) to allow expansion of existing outdoor merchandise area and roofed garden center to north side of existing Menard’s store, subject to conditions, (3-23-09).
LEGAL DEPARTMENT - CLAIM SETTLEMENTS &
19. Payment of billings from Hall & Associates for service related to Combined Sewer System and Combined Sewer Overflows related to NPDES Permit and additional work on proposed rules by IDNR.
20. Approving payment of $8,985.77 to Randy Banks for a workers’ compensation claim.
21. Approving payment of $14,959.27 to Sally Woodard for a workers’ compensation claim.
22. Approving payment of $8,900 to Bajro Karic for property damage as the result of an auto accident.
23. Submitting training requests for Bruce Bergman, Angela Dierenfeld, Andrea Hauer, Jennifer Huisman, Dani Lisk, Dave Lockard, Rex Sparks, and Paul Stout.
(Council Communication No. 09-158)
24. Fiscal Year 2006 Continuum of Care (COC) Closeout Certification Documents.
25. CSBG Contract (Community Action Plan) with Iowa Department of Human Rights for 2008-2009 CSBG Program Year.
(Council Communication No. 09-142)
26.
IDOT
Agreement - Air Service Development Enhancement Grant Program for air service
development at the
(Council Communication No. 09-154)
27. Communication from Downtown Community Alliance for banner designs for the following:
(A)
Principal Charity Classic to be displayed in downtown
(B)
Prairie Meadows to be displayed in downtown
28. Bids from the following:
(A)
Acme Printing for exception to procurement
ordinance for good cause of printing services for
(Council Communication No. 09-132)
(B) Swifts Auto Salvage for annual contract with two (2) additional one-year renewal options to furnish junk vehicle towing services to be used by the Neighborhood Inspection Division, $126,500. (Eights bids mailed, three received).
(C) Jim’s Johns for annual contract with two (2) additional one-year renewal options to furnish portable toilet rental services to be used by the Park and Recreation Department, $30,000. (Four bids mailed, two received).
(D) Intergraph Corporation (sole area wide distributor) for procurement of software upgrade to the city’s I/LEADS Records Management System and Jail Management System (RMS/JMS), $117,115.
(Council Communication No. 09-153)
(E) Proctor Mechanical Corporation and Air-Con Mechanical Corporation for annual contract with two (2) additional one-year renewal options to furnish plumbing services related to construction and/or maintenance of City owned sanitary sewer mains to be used by the Public Works Department, $50,000. (Eight bids mailed, two received).
(F) Deeter Foundry for manhole castings for use by the Public Works Department (Sewer Division), $153,200. (Ten bids mailed, four received).
(Council Communication No. 09-133)
(G) POM Incorporated (sole area wide distributor) for parking meters and parking meter equipment to be used by the Engineering Department (Traffic & Transportation), $119,191.25.
(Council Communication No. 09-144)
29. Renewal Addendum with Constellation NewEnergy – Gas Division, LLC (formerly Cornerstone Energy) for Natural Gas Supply until March 31, 2010 and authorizing Finance Director to execute renewal addendum and implementing agreements.
(Council Communication No. 09-160)
30. Civil Service Promotional Lists for Park Maintenance Worker, Horticulture Inspector, and Plumbing Inspector.
31. Authorizing Finance Director to draw checks on registers for the weeks of March 9 and March 16, 2009; to draw checks for bills of the Des Moines Municipal Housing agency for the weeks of March 9 and March 16, 2009, and to draw checks for bi-weekly payroll due March 13, 2009.
ORDINANCES - FINAL CONSIDERATION
32.
On request from Hubbell
Realty Company to rezone
ORDINANCES - SECOND CONSIDERATION
33. Amending Chapter 74 of the Municipal Code establishing rental fees for the Martin Luther King Jr. Park Shelter.
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* * END CONSENT AGENDA *
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ORDINANCES - FIRST CONSIDERATION
34. Amending Chapter 114 of the Municipal Code regarding traffic regulation changes as follows:
(A) One-side parking restrictions – Carman Estate Plat 6.
(B)
Designation of Stop Control –
(C) Various minor Code corrections.
(Council Communication No. 09-157)
35. Request from Council Member Brian Meyer to speak regarding potential development of property at 1670 E. County Line Road and 1901 Bloomfield Road, and the likely application from the property owner to amend the 2020 Community Character Land Use Plan designation from “Low Density Residential” to “Auto-Oriented Small-Scale Strip Development” and to rezone the property from “R1-60” (One Family Low Density Residential) to Ltd. “C-2” (General Retail and Highway Oriented Commercial).
36.
Request from Council Members Brian Meyer
and Christine Hensley to refer renaming of
(A)
Petition requesting
renaming to
37. From Bruce Glauberg, 4020 Crestmoor, to speak regarding dumpster enclosures.
38.
From Sarah Oltrogge, Historic East Village Inc., to speak
regarding move of gas station at
*Note: If the City Council completes all items above
before 5:00 PM, they will skip the Hearing Items, and continue the agenda
starting with the next item following the Hearings. At 5:00 PM, they will
return to this point in the agenda to consider the Hearing Items and then
continue with all the remaining items on the agenda.
HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 39 THRU 47)
39. THIS ITEM WILL BE CONSIDERED AFTER ITEM
47. Items regarding request from
Central Iowa Shelter and Services for vacation and conveyance of property in
the vicinity of
(A) Final consideration of the vacation ordinance.
(B) Hearing on conveyance of the property to Central Iowa Shelter and Services, $1,000, (continued from 2-23-09).
(Council Communication No. 09-146)
40. On Proposed Tree Preservation and Mitigation Ordinance.
(Council Communication No. 09-159)
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above, (waiver requested by Community Development Director) requires 6 votes.
41. On
Request from Ronald Brenizer Jr. to rezone
(Council Communication No. 09-139)
42. On
request from Dr. Greg Peterson to rezone
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above, (waiver requested by Council Member Meyer), requires 6 votes.
43. On adoption of the proposed Resolution of Necessity for Street Improvements on Bell Avenue, from Druid Hill Drive to the Dead End East.
(Council Communication No. 09-147)
(A) Petition in favor of the paving.
(B) Authorization for acquisition of necessary right-of-way and easements.
44. On Southeast Connector Paving – SE 4th Street to SE 9th Street: Resolution approving plans, specifications, form of contract documents, Engineer’s Estimate and designating lowest responsible bidder as Elder Corporation, (Jared Elder, President), $3,356,000.
(Council Communication No. 09-156)
(A) Approving contract and bond and permission to sublet.
(B) Approving Supplemental Agreement No. 4 to the Southeast Connector Professional Services Agreement with Kirkham Michael & Associates to provide construction phase services, not to exceed $215,920.
(Council Communication No. 09-138)
45. On 2008 Storm Sewer Repair Contract 2: Resolution approving plans, specifications, form of contract documents, Engineer’s Estimate and designating lowest responsible bidder as The Underground Company, Ltd. (Duane Burkhardt, President), $211,686.30.
(Council Communication No. 09-150)
(A) Approving contract and bond and permission to sublet.
46. On Ashworth Pool Filter Replacement: Resolution approving plans, specifications, form of contract documents, Engineer’s Estimate and designating lowest responsible bidder as Bergstrom Construction, Inc. (Tom Gorgas, President), $263,700.
(Council Communication No. 09-151)
(A) Approving contract and bond and permission to sublet.
47. On Blank Park Zoo 2009 Walkway & Storm Sewer Replacement: Resolution approving plans, specifications, form of contract documents, Engineer’s Estimate and designating lowest responsible bidder as Sheets Excavating, Ltd., (Charles Sheets, President) $116,162.50.
(Council Communication No. 09-152)
(A) Approving contract and bond.
*** END HEARINGS AT _________ PM ***
48. Extending the temporary moratorium on the creation or expansion of vehicle display lots through June 9, 2009, pending comprehensive review of the applicable regulations and guidelines.
(Council Communication No. 09-134)
49.
Exception
to the procurement ordinance RFP process for good cause and approving
maintenance agreement with C Corporation to maintain
(Council Communication No. 09-155)
EXTRA ITEMS
These extra items are filed after 5:00 P.M. on the Wednesday preceding a Council meeting and have been included upon the Amended Agenda by the City Clerk, with sponsorship of the Mayor or a City Council Member who shall deem the item of sufficient urgency to warrant immediate Council action - said statement of urgency from the City Manager and/or appropriate Department Director shall be placed on file with the City Clerk.
1.
Recommendation to appoint John F.
TeKippe as Fire Chief for the City of
(Council Communication No. 09-161)
MOTION TO CONVENE.
APPROVING:
1. The Legal Department to proceed with court action seeking authority to abate the public Nuisance at the following locations: MEMO
(A) 4260 SE 17th Street, main structure and garage structure, Titleholders: Clyde E. Burks and Betty J. Burks.
(B) 1705 21st Street, main structure and garage structure, Titleholders: Inie Clement and Augustine Akpan; Mortgage Holder: Wynn Sichting.
(C) 2100 E 23rd Street, main structure and garage structure, Titleholder: Tony L. Johnson; Mortgage Holders: DLJ Mortgage Capital, Inc and Lime Financial Svcs. Ltd.
(D) 1034 27th Street, main structure, Titleholder: Stephen A. Lipovac d/b/a Las 2004 Rev Trust and Stephen A. Lipovac d/b/a LRR 2004 Rev Trust; Contract Buyer: Daveyne M. Cooley.
(E) 321 Creighton, main structure and accessory structure, Titleholder: Hamdo Jasarevic.
(F) 2905 Logan Avenue, main structure and garage structure, Titleholder: James F. Disney; Mortgage Holders: Fieldstone Mortgage Company and Merscorp, Inc; Contract Buyer: Joseph E. Disney.
(G) 2321 Saylor Road, fire-damaged main structure, Titleholders: Maria D. Gomez and Jose Luis Jacobo-Cisneros.
MOTION TO ADJOURN AT ______________________ P.M.
1949 1976 1981 2003