June 8, 2009 4:30 PM
(A) Roll Call.
(B) Recess and reconvene in closed session pursuant to Section 21.5(c) of the Code of Iowa to discuss matters of pending litigation.
(C) Closed Session.
(D) Terminate closed session and reconvene in open session.
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SPECIAL PRESENTATIONS – 4:15 PM
Greater Des Moines Sister Cities Commission – Provincia di Catanzaro
Grays
INVOCATION: Council Member Thomas Vlassis
1. ROLL CALL:
I Request from Youth Advisory Board to speak regarding their event, DMPalooza, on June 12, 2009.
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 54:
4. Approving Alcoholic Beverage License Applications for the following:
NEW APPLICATIONS
(A)
CHOCOLATERIE STAM 2814 INGERSOLL C Beer/Wine
C Native Wine
(B)
(C)
LE JARDIN 841 42ND ST C Beer/Wine
(D)
SAKI 21 LOUNGE 2314 UNIVERSITY C Liquor
(E)
WALGREENS #
(F)
WALGREENS
(G)
WALGREENS #4714 4555 FLEUR DR C Beer
(H)
WALGREENS #5362 1330 E UNIVERSITY C
Beer
(I)
WALGREENS #5721 3140 SE 14TH ST C Beer
(J)
WALGREENS #5777 2930 E UNIVERSITY C
Beer
(K)
WALGREENS #5852 3030 UNIVERSITY C Beer
(L)
WALGREENS #7452 4415
(M) WALGREENS
(N)
WALGREENS #7833 3501 INGERSOLL C Beer
(O)
WALGREENS #7968 6200 SE 14TH ST C Beer
RENEWAL APPLICATIONS
(P)
ASIA CITY
RESTAURANT 3409 SE
14TH ST B Beer
(Q)
CJS II 316 E 30TH STREET C Liquor
(R)
DEN
(S)
DRUGTOWN WINE AND
SPIRITS 4100 UNIVERSITY E Liquor
(T)
GIT N GO STORE #
(U)
HY VEE FOOD STORE
(V)
HY VEE FOOD STORE
#5 1107 E
ARMY POST E Liquor
(W) PLAZA PUB
(X)
(Y)
QUIKTRIP #554 901 SW 63RD C Beer
(Z)
SBROCCO 208 COURT AVE C Liquor
(AA) SOUTHSIDE TOBACCO
(BB) TAQUERIA JALISCO 1704 E GRAND AVE B
Beer
(CC) VETERANS MEMORIAL 833 5TH AVENUE C Liquor
OUTDOOR SERVICE APPLICATIONS
(DD) BUDDYS CORRAL 418 E 5TH ST C Liquor
Temporary
in conjunction with Capital City Pride Festival on June 12 – 16, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(EE) LOCUST TAP
Temporary
in conjuction with Capital City Pride Festival on June 13 – 14, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(FF) UNDERGROUND
Temporary in conjuction with Capital City Pride Festival on June 13 – 14, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
SPECIAL EVENTS APPLICATIONS
(GG) BEAVERDALE LIVE! 2638 BEAVER AVE Five (5) Day License
Class
B Beer (Beer/Wine) License for event on June 13, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(HH) DES MOINES ARTS FESTIVAL 1302 LOCUST AVE Five (5) Day License
Special
Class C Liquor License (Beer/Wine) for an event on June 25 – 28, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(II)
DES MOINES ARTS
FESTIVAL 1310
GRAND AVE Five (5) Day License
Special
Class C Liquor License (Beer/Wine) for an event on June 25 – 28, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(JJ)
DES MOINES ARTS
FESTIVAL 1418
LOCUST AVE Five (5) Day License
Special
Class C Liquor License (Beer/Wine) for an event on June 25 – 28, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(KK) DES MOINES ARTS FESTIVAL 1203 LOCUST Five (5) Day License
Special
Class C Liquor License (Beer/Wine) for an event on June 25 – 28, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(LL) DES MOINES ARTS FESTIVAL 1501 LOCUST AVE Five (5) Day License
Special
Class C Liquor License (Beer/Wine) for an event on June 25 – 28, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(MM) GARDEN
431 E LOCUST AVE Five (5) Day License
Class
B Beer (Beer/Wine) License for
(NN) JOHNNYS HALL OF FAME 302 COURT AVE
Five (5) Day License
Class
C Liquor License for an event on June 20, 2009.
Pending approval of Building, Electrical, Fire and Zoning Departments.
(OO) PARKS AREA FOUNDATION
Class
B Beer (Beer/Wine) License for Rendezvous on Riverview event on June 26,
2009. Pending approval of Building,
Electrical, Fire and Zoning Departments.
(PP) PARKS AREA FOUNDATION
Class
B Beer (Beer/Wine) License for Rendezvous on Riverview event on June 12,
2009. Pending approval of Building,
Electrical, Fire and Zoning Departments.
(QQ) PARKS AREA FOUNDATION
Class
B Beer (Beer/Wine) License for Rendezvous on Riverview event on June 19,
2009. Pending approval of Building,
Electrical, Fire and Zoning Departments.
(RR) PARKS AREA FOUNDATION
Class
B Beer (Beer/Wine) License for Rendezvous on Riverview event on July 3,
2009. Pending approval of Building,
Electrical, Fire and Zoning Departments.
(SS) SURF SHACK 319 COURT AVE
Five (5) Day License
Class
B Beer (Beer/Wine) License for a Street Use event on June 13, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(TT) WATLAO BUDDHAVATH 1804 E PARK AVE Five (5) Day License
Class
B Beer (Beer/Wine) License for a festival on June 26 - 28, 2009. Pending approval of Building, Electrical,
Fire and Zoning Departments.
(UU) WINSTONS PUB & GRILLE 800 WALNUT ST
Five (5) Day License
Special
Class C Liquor License (Beer/Wine) in conjuction with Dig Downtown event on
June 18, 2009. Pending approval of
Building, Electrical, Fire and Zoning Departments.
5. City Clerk to issue Cigarette Licenses.
6. City Clerk to issue Coin Operated Machine Licenses.
7. Ordering construction of the following:
(A) Bates & Evergreen Parks Playground Improvements: Receiving of bids, (6-30-09), and Setting date of hearing, (7-13-09). (Construction Estimate - $269,100).
(Council Communication No. 09-362)
(B) E. University Avenue/E. 30th Street Traffic Signal Interconnect Improvements: Receiving of bids, (6-16-09), and Setting date of hearing, (7-13-09). (Construction Estimate - $469,000).
(Council Communication No. 09-383)
(C)
SE 14th Street Widening at
(Council Communication No. 09-361)
(D)
Southeast Connector Paving –
(Council Communication No. 09-384)
8. Approving 3 Traffic Safety Fund Applications to the Iowa Department of Transportation.
(Council Communication No. 09-376)
9. Approving Addendum to Iowa Department of Transportation Predesign Agreement for the Reconstruction of I-235.
(Council Communication No. 09-381)
10. Approving Professional Services Agreement with Calhoun-Burns & Associates, Inc. for City-Wide Bridge Evaluation – 2009, not to exceed $75,500.
(Council Communication No. 09-360)
11.
Approving Change Order No. 6 with Pinnacle Construction Group, LLC
for additional work on the John &
(Council Communication No. 09-379)
(A)
Communication from Pinnacle Construction Group, LLC
requesting permission to sublet certain items on John &
12.
Accepting completed construction and approving final payment for
13. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Community Development) Schedule No. 2009-11.
14. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2009-01.
15. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater Utility Credits for May 2009.
16. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater Utility Fees for May 2009.
17.
Approving and accepting PUD Restoration
Bond for the issuance of a grading permit to P.A.T. Brokerage Commercial
Development at 4529 and
(Council Communication No. 09-353)
18.
Accepting proposal from Terrus Real
Estate Group for commercial real estate listing services for the lease or sale
of
(Council Communication No. 09-357)
19.
Approving Settlement Agreement and
accepting real estate documents for property lying south of and adjoining
(Council Communication No. 09-358)
20. Acceptance of Community Disaster Grant Award from the Iowa Homeland Security and Emergency Management Division and authorizing voluntary acquisition of flood prone properties.
(Council Communication No. 09-369)
21.
Authorization to proceed with acquisition of
necessary right-of-way and easements for the
(Council Communication No. 09-355)
22.
Authorizing issuance of a Replacement Quit
Claim Deed to
BOARDS/COMMISSIONS/NEIGHBORHOODS
23. Approving recommendation from Neighborhood Revitalization Board (NRB) regarding removal of the Gray’s Woods and Kirkwood Glen Neighborhood Associations from the list of recognized neighborhood associations.
(Council Communication No. 09-363)
24. Recommendation from Council Member Brian Meyer to appoint Donald Puck to the Building and Fire Code Board of Appeals, Seat 14, for a three-year term commencing April 1, 2008 to expire April 1, 2011.
24I Recommendation from Council Member Tom Vlassis to reappoint Edgar Hansell to the Des Moines International Airport Board, Seat 4, for a four-year term commencing June 30, 2009 to expire June 30, 2013.
COMMUNICATIONS FROM PLANNING AND ZONING
25.
Regarding request from
Charles Ruperto for vacation and conveyance of a portion of
26. 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. Jospeh’s Church of Des Moines, $600, (6-22-09).
27. On request from Ryan Galloway to rezone property in the vicinity of 1032 and 1036 18th Street from “R-3” (Multiple-Family Residential) to Ltd. “NPC” (Neighborhood Pedestrian) to allow future pedestrian oriented multiple-family residential development, subject to conditions, (6-22-09).
28. 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), (6-22-09).
29. Supplement No. D-1 to the Governmental Lease-Purchase Master Agreement with De Lage Landen Public Finance LLC, $778,854 to acquire five heavy-duty trucks with plows and ice control equipment, (necessary to correct previous publication error), (6-22-09).
(Council Communication No. 09-370)
30. On Supplement No. D-2 to the Governmental Lease-Purchase Master Agreement with De Lage Landen Public Finance LLC, $1,116,017 to acquire up to seven street sweepers, (necessary to correct previous publication error) (6-22-09).
(Council Communication No. 09-373)
31. On request from Andy Holt for the Baker PUD Conceptual Plan 4th Amendment, 4500 Hubbell Avenue, to reconfigure the layout of an approved Light Industrial Business Park, with additional land reserved for future amendment, (6-22-09).
LEGAL DEPARTMENT - CLAIM SETTLEMENTS &
32. Approving payment of $27,060.95 to Ahlers & Cooney, P.C. for services regarding General Obligation Refunding Bonds.
33. Approving payment of $35,192.84 to Robbie Lydic for a workers’ compensation claim.
34. Approving payment of $12,000 to Michael Campos for a claim.
35. Authorizing Compromise of Judgment with Donna Barnes.
(Council Communication No. 09-397)
36. Approving payments of settlements made by City Attorney, not exceeding $5,000.
37. Submitting travel and training requests for T.M. Franklin Cownie, Tonia L. Fairbanks, Joseph Frentress and Michael A. Hofmann.
(Council Communication No. 09-388)
38. Fiscal Year 2006 Continuum of Care (COC) Closeout Certification Documents for the following:
(A)
Buchanan Transitional
(B)
House of Mercy at
(C) West Des Moines Transitional Housing Program.
39. Number not used.
40. Notice of Finding of No Significant Impact on the Environment and a Request for Release of Funds from the U.S. Department of Housing and Urban Development under the Consolidated Appropriations Act of 2008 for the Lead-Based Paint Hazard Control Grant Program.
(Council Communication No. 09-371)
41. Notice of Intent to Request Release of Funds from the U.S. Department of Housing and Urban Development (HUD) for a Self-help Homeownership Opportunity Program (SHOP) Grant to the Greater Des Moines Habitat for Humanity.
(Council Communication No. 09-396)
42. Neighborhood Stabilization Program Contract with the Iowa Department of Economic Development (IDED).
(A) Memoranda of Understanding with designated local housing agencies to implement the Neighborhood Stabilization Program.
(Council Communication No. 09-386)
43. Assignment of Tax Sale Certificates to Greater Des Moines Habitat for Humanity Inc., for the development of low to moderate income owner-occupied housing.
(Council Communication No. 09-387)
44.
Acceptance
of Grant Agreements from
(Council Communication No. 09-382)
45.
Execution
of Federal Aviation Administration AIP Grant Agreement,
(Council Communication No. 09-374)
46. Extension to June 30, 2011 on Letter of Credit regarding the outstanding Subordinate Airport Commercial Paper Revenue Notes, Series C, and authorizing execution and delivery of a Second Amendment to Reimbursement Agreement with Bank of America, N.A.
(Council Communication No. 09-375)
47. Issuance of the following General Obligation bonds:
(A) $19,605,000, Series 2009E (Taxable Build America Bonds) and levying a tax to pay.
(B)
$3,055,000, Series 2009F (Urban Renewal) and levying a
tax to pay.
(C)
$3,115,000, 2009G, and levying a tax to pay.
48.
Authorizing
the execution of the United States Department of Agriculture (USDA) Natural
Resources Conservation Services (NRCS) Project Agreement for the Emergency
Watershed Protection Program and Operation and Maintenance Agreement for
(Council Communication No. 09-359)
49. Extension of Municipal Parking Facilities Management Services Agreement with Ampco System Parking.
(Council Communication No. 09-377)
50.
Additional
work by RCC Consultants Incorporated and compensation for extra work performed
above and beyond contract for Radio Interoperability Consulting Services for
the City and
(Council Communication No. 09-378)
51. Communication from Downtown Community Alliance on behalf of Meredith Corporation to approve banner design for 14 banners to be displayed in Downtown Des Moines on Locust Street in summer of 2009.
52. Bids from the following:
(A)
Home Depot Stores for a blanket purchase order for
miscellaneous building materials and supplies during FY10 per State of
(Council Communication No. 09-393)
(B) Jerico Services and Smith Fertilizer and Grain for joint purchase along with the cities of West Des Moines, Waukee and Johnston, and Polk and Dallas Counties for deicing chemicals for use by the Public Works Department, estimated cost $56,130. (Thirteen bids mailed, three received).
(Council Communication No. 09-394)
(C) Michaels Construction Inc. for levee clearing and grubbing services for use by the Public Works Department, $72,003. (Ten bids mailed, three received).
(D)
Insight Public Sector to upgrade 1,320 Microsoft
Enterprise Agreement Standard Core Client Access Licenses (CALs) to Microsoft
Enterprise (CALs) per State of
(Council Communication No. 09-372)
(E) Acme Tools for an annual contract with two (2) additional one-year renewal options to furnish concrete saw blades for use by the Public Works Department, $39,242.30. (Fourteen bids mailed, seven received).
(F)
Exception to the Procurement Ordinance competitive
bidding requirements for good cause and approving payment to Proctor Mechanical
for emergency repair of sanitary sewer main in the 800 block of
(Council Communication No. 09-385)
53. Civil Service Lists for the following:
(A) Entrance lists for Senior Construction Inspector, License Clerk and Sidewalk Compliance Coordinator and Promotional lists for Airport Crew Chief, Street Maintenance Worker, Laborer and Housing Services Maintenance Team Leader.
(B) Entrance list for Park Planner II and Promotional Lists for Medium Equipment Operator and Park Planner III.
54. Authorizing Finance Director to draw checks on registers for weeks of June 8 and June 15, 2009; to draw checks for bills of the Des Moines Municipal Housing Agency for weeks of June 8 and June 15, 2009; and to draw checks for biweekly payroll due June 19, 2009.
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* * END CONSENT AGENDA *
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ORDINANCES - FIRST CONSIDERATION
55. Amending Chapter 74 of the Municipal Code regarding use of glass containers in City parks.
(Council Communication No. 09-389)
56. Amending Chapter 114 of the Municipal Code submitting traffic regulation changes as follows:
(A)
Prohibiting left turns from private driveway onto
(B)
Parking Restrictions to facilitate Solid Waste
collection – west side of
(C) Various Code revisions for field adjustments to parking signs and meters.
(Council Communication No. 09-354)
57. From Bob Wesssel, 2719 E. Leach, to speak regarding finances.
58.
From Jerad Cherniss,
59. From Donna Cosner, 827 SE Jackson, to speak regarding Sevastopol area (SE 5th, Edison, Pioneer Rd., SE 6th) and Brooks family.
60.
From Paul and Wendy Rains,
61. From Terry Town and Joe Madonia, to speak regarding ordinance change for food vending units.
*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 62 THRU 69)
62. On
conveyance of
(Council Communication No. 09-356)
63. Items regarding temporary moratorium on the creation of new and expansion of existing vehicle display lots:
(A) Resolution directing City Manager to schedule a Council work session regarding vehicle display lots and extending temporary moratorium on vehicle display lots to 8-11-09.
(1) Alternate resolution scheduling public hearing on regulations and rezoning to create a Vehicle Display Lot Overlay District and extending the temporary moratorium on vehicle display lots to 8-11-09, (hearing 8-10-09).
(Council Communication No. 09-391)
(B) Resolution
closing hearing and denying application from Imperial Properties, Inc.,
(Bill Moyer, Agent) for relief from the temporary moratorium to allow the
expansion of a vehicle display lot at
(Council Communication No. 09-392)
(1) Alternate resolution closing hearing and approving application.
64. On
proposed renaming of streets recently annexed or to be annexed in the City of
(Council Communication No. 09-395)
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above, (waiver requested by Community Development Director), requires 6 votes.
65. On 2009 City-Wide PCC Pavement Restoration Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Absolute Concrete Construction, Inc., (Sonny E. Hall, President), $194,601.20.
(Council Communication No. 09-368)
(A) Approving contract and bond.
66. On 2009 Sidewalk Replacement Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Absolute Concrete Construction, Inc., (Sonny E. Hall, President), $283,371.65.
(Council Communication No. 09-367)
(A) Approving contract and bond and permission to sublet.
67. On 2nd Avenue Resurfacing - Grand Avenue to University Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Grimes Asphalt & Paving Corp., (J.M. Yonker, President), $637,488.90.
(Council Communication No. 09-365)
(A) Approving contract and bond and permission to sublet.
68. On Cownie Soccer Fields Improvements – Phase 3: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Elder Corporation, (Jared R. Elder II, President), $709,999.99.
(Council Communication No. 09-366)
(A) Approving contract and bond and permission to sublet.
69. On Waveland Trail Phase 1 from the Walnut Creek Trail to 56th Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Elder Corporation, (Jared R. Elder II, President), $273,999.99.
(Council Communication No. 09-364)
(A) Approving contract and bond and permission to sublet.
*** END HEARINGS AT ___________ PM ***
70. Memorandum of Understanding with Polk County and Warren County for Metro S.T.A.R. Team adding agencies of Indianola, Norwalk, Windsor Heights, and Warren County.
(Council Communication No. 09-380)
71. Denying request for a waiver of the requirement to maintain a six-foot wide pedestrian pathway upon the public sidewalk adjoining the Pelican Bar at 208 3rd Street.
72. Diminution of one Housing Services Housing Inspector position.
(Council Communication No. 09-390)
MOTION TO CONVENE.
1. Approving the Legal Department to proceed with court action seeking authority to abate the public nuisance at the following locations:
(A) 2049 Des Moines Street, fire-damaged main structure, Titleholder: Filberto Trinidad; Mortgage Holder: New Century Mortgage Corp. a/k/a New Century Realty & Mortgage.
(B) 224 Guthrie Avenue, flood-damaged main structure and garage, Titleholder: Terrence O'Connor.
(C) 1515 47th Street, main structure, Titleholder: Darlyne D. Longnecker; Contract Buyer: David G. Karaidos; Mortgage Holder: Federal Home Loan Mortgage Corporation.
2.
The Legal Department to proceed with
administrative abatement of the public nuisance garage structure located at
MOTION TO ADJOURN AT ______________________ P.M.

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