June 22, 2009 4:30 PM
SPECIAL PRESENTATIONS – 4:15 PM
Announcing Partnership with
Baby
Boomers Cookie – Official Cookie of the City of
INVOCATION: Pastor Craig Robertson
Grant Park Christian Church
E. 25th and Capitol
1. ROLL CALL:
2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
|
*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 43:
4. Approving Alcoholic Beverage License Applications for the following:
NEW
APPLICATIONS
(A)
EL
PALOMINO 3116 E 14TH ST C Beer
(B)
LA FAVORITA
(C)
NEW
RENEWAL APPLICATIONS
(D)
AIR LANES 4200 FLEUR DR C Liquor
(E)
(F)
CHEFS KITCHEN 1903 BEAVER AVE C Liquor
(G)
DES MOINES COMMUNITY 831 42ND ST C Liquor
(H)
D'S MAIN GATE 2956 E GRAND AVE C
Liquor
(I)
H & A MINI
MART 145 UNIVERSITY C Beer
(J)
HOUSE OF BRICKS
(K)
HUGH'S JUNGLE
ROOM 5715 DOUGLAS AVE C Liquor
(L)
PRINCIPAL
FINANCIAL 600
7TH ST C
Liquor
(M) QUIKTRIP #
(N)
QUIKTRIP #534 2945 E UNIVERSITY C
Beer
(O)
SAVE A
(P)
(Q)
SPLASH SEAFOOD
BAR/GRILL
(R)
US GAS 3000 SW 9TH ST C Beer
(S)
WAKONDA CLUB 3915 FLEUR DR C Liquor
TRANSFER TO NEW LOCATION
(T)
Temporary
transfer from
(U)
FLYING MANGO 519 PARK ST C Liquor
Temporary
transfer from
OUTDOOR SERVICE APPLICATIONS
(V)
BLAZING SADDLE 416 E 5TH ST C Liquor
Temporary
in conjuction with Bike Night Celebration on July 10, 2009. Pending approval of Building, Electrical Fire
and Zoning Departments.
(W) BUDDYS CORRAL 418 E 5TH ST C Liquor
Temporary
in conjuction with Bike Night Celebration on July 10, 2009. Pending approval of Building, Electrical Fire
and Zoning Departments.
(X)
LOCUST TAP
Temporary
in conjuction with Bike Night Celebration on July 10, 2009. Pending approval of Building, Electrical Fire
and Zoning Departments.
(Y)
UNDERGROUND
Temporary
in conjuction with Bike Night Celebration on July 10, 2009. Pending approval of Building, Electrical Fire
and Zoning Departments.
SPECIAL EVENTS APPLICATIONS
(Z)
CENTERPLATE 1 LINE DR F ive (5) Day License
Class
B Beer Permit for an event on July 1, 2009.
(AA) GREATER DSM MUSIC 1418 GRAND AVE Five (5)
Day License
Class
C Liquor License for the 80/35 Mustic Festival on July 3 – 4, 2009. Pending approval of Fire and Zoning
Departments.
(BB) GREATER DSM MUSIC 1305 LOCUST ST Five
(5) Day License
Class
B Beer Permit for the 80/35 Mustic Festival on July 3 – 4, 2009. Pending approval of Fire and Zoning
Departments.
(CC) GREATER DSM MUSIC 1311 LOCUST ST Five (5) Day License
Class
B Beer Permit for the 80/35 Mustic Festival on July 3 – 4, 2009. Pending approval of Fire and Zoning
Departments.
(DD) GREATER DSM MUSIC 1307 LOCUST ST Five (5) Day License
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.
(EE) PARKS AREA FOUNDATION
3612 6TH AVE Five (5) Day License
Class
B Beer Permit for Sweet Corn Feed on July 18, 2009.
(FF) SOCIETY OF ITALIAN 1801 MCKINLEY Five (5) Day License
Class
B Beer Permit for the Society of Italian American Festival on July 30 – August
2, 2009.
(GG) WATERWORKS PARK 2201 GEORGE FLAGG Five (5) Day License
Special
Class C Liquor License (Beer/Wine) for Summer Jam Country Bash event, June 28,
2009.
4-II Consideration of 5-day, Class B Beer License for Parks Area Foundation
at
5. City Clerk to issue Cigarette Licenses.
6. Ordering construction of the following:
(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)
(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)
(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)
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)
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
(Council Communication No. 09-428)
9. Accepting completed construction and approving final payment for the following:
(A) 2008 Park and Cemetery HMA Improvements, Grimes Asphalt & Paving Corp.
(B) Court Avenue Streetscape Rehabilitation, Baker Electric, Inc.
(C) Police Station Generator Exhaust Stack, Wolin & Associates, Inc.
10. Levying assessments for costs of Nuisance Abatement – NAC Emergency Orders (Community Development) Schedule 2009-12.
11.
Establishing Fair Market Value of
(Council Communication No. 09-409)
12.
Accepting proposal from Terrus Real
Estate Group for commercial real estate listing services for the lease or sale
of property at
(Council Communication No. 09-411)
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).
14.
On
LEGAL DEPARTMENT - CLAIM SETTLEMENTS &
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.
16. Approving payment of $15,555.54 to David Melling and his attorney for a workers’ compensation claim.
17. Approving payment of $32,789.80 to John Riccio and his attorney for a workers’ compensation claim.
18. Approving payment of $12,720 to Dale and Rhonda Methfessel for a property damage claim.
19. Submitting training requests for Rex Sparks and Michael Towey.
(Council Communication No. 09-435)
20. Supportive Housing Program (SHP) Renewal Grant Agreement with the United States Department of Housing and Urban Development (HUD).
21. Receipt of communication from Polk County Housing Continuum Board submitting recommendations for the 2009 Supportive Housing Program priorities.
(Council Communication No. 09-398)
22.
Authorizing
City Manager to develop and submit an application to HUD with the State of
(Council Communication No. 09-423)
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)
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)
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)
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)
27.
The
1512, LLC Application for Enterprise Zone Benefits for a housing project at
(Council Communication No. 09-425)
28.
2009
Recovery Act: Edward Byrne Memorial
Justice Assistance Grant (JAG) Application and Memorandum of Understanding with
(Council Communication No. 09-431)
29. Amendment No. 4 to FY2006 Law Enforcement Terrorism Prevention Program Grant.
(Council Communication No. 09-430)
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)
31. Agreements for the following health services, (July 1, 2009 –June 30, 2012):
(A) Accelerated Rehabilitation Centers for Physical Therapy Services.
(B)
Des Moines
(Council Communication No. 09-406)
32. Annual Property and Casualty Insurance Renewals effective July 1, 2009.
(Council Communication No. 09-405)
33. Designation of Multiple Depositories for City funds and the maximum allowable amount.
(Council Communication No. 09-399)
34.
Application
from Christ the King Catholic Church requesting approval for a banner across
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.
36.
Receipt
of Airport Board Regulation No. 09-60 regarding commercial use fees as part of rates
and charges at the
37.
Exception to the procurement ordinance Request For
Proposals requirement for good cause and approving a Consultant Services
Contract with Sogeti USA LLC for redesign of the City’s website and
implementation, $300,000.
(Council Communication No. 09-407)
38. Procurement of electronic legal research services and materials from Thomson Reuters, estimated annual cost $48,000.
(Council Communication No. 09-424)
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)
40. Approving bids for the following:
(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).
(B) 1824 Scott LLC for hydro seeding and backfilling services for use by the Public Works Department, $45,000. (Seven bids mailed, three received).
(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).
(D) Tait Radio Communications for radio equipment for use by the Public Works Department, $51,818. (Four bids mailed, two received).
(E)
Pool Tech
(Council Communication No. 09-416)
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)
42. Civil Service Entrance lists for Park Planner and User Support Technician and Promotional list for Cement Finisher.
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.
*
* * *
* * *
* * END CONSENT AGENDA *
* * *
* * *
* * *
ORDINANCES - SECOND CONSIDERATION
44.
On proposed renaming of
streets recently annexed or to be annexed in the City of
(Council Communication No. 09-414)
ORDINANCES - FIRST CONSIDERATION
45. Amending Chapter 114 of the Municipal Code regarding traffic regulation changes as follows:
(A) Designation of one-sided parking restrictions and stop control – Brook Run Village Plats 13, 14 and 15.
(B)
Parking restrictions to facilitate solid waste
collection – north side of
(Council Communication No. 09-408)
46. Amending Chapter 94 of the Municipal Code regarding emergency repair of public improvements.
47.
Amending Chapter 14 of the
Municipal Code regarding public dances in
(Council Communication No. 09-419)
(A) Communication from the Park and Recreation Board regarding the Public Dance Ordinance.
(B)
Request from Jessica Hernandez,
2654
48.
From Bob Wessel,
49.
From the Warren County Economic Development Corporation
(WCEDC) regarding the City of
50.
Request from International Soccer League of Iowa, Juan Carlos
Anaya,
51.
Petitions from property owners requesting paving and sidewalks
on
*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 52 THRU 61)
52. On
appeal from Andrew Newsom,
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:
(A) Supplement D-1, $778,854, to acquire five heavy-duty trucks with plows and ice control equipment.
(1) Authorizing additional action.
(2) Authorizing execution and delivery.
(Council Communication No. 09-402)
(B) Supplement D-2, $1,116,017, to acquire up to seven street sweepers.
(1) Authorizing additional action.
(2) Authorizing execution and delivery.
(Council Communication No. 09-403)
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)
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above, waiver requested by applicant, requires 6 votes.
55. On
items regarding property at 1032 and
(A) Amending the Des Moines 2020 Community Character Plan land use designation from Low-Density Residential to Mixed-Use and Density.
(B) Hearing on request from Ryan Galloway to rezone property from “R-3” (Multiple-Family Residential) to Ltd. “NPC” (Neighborhood Pedestrian) to allow future pedestrian oriented multiple-family residential development, subject to conditions.
(C) First consideration of ordinance above.
(D) Final consideration of ordinance above, (waiver requested by applicant), requires 6 votes.
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).
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above, (waiver requested by applicant), requires 6 votes.
57. On
request from Andy Holt for the Baker PUD Conceptual Plan 4th
Amendment,
(A) Preliminary
terms of agreement with Cold Stream, LLC for development of 50 acre light industrial
business park at
(Council Communication No. 09-426)
58. On
renaming of the
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)
(A) Approving contract and bond.
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)
(A) Approving contract and bond.
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)
(A) Approving contract and bond.
*** END HEARINGS AT __________ PM ***
62.
Intergovernmental
28E Agreement with the
(Council Communication No. 09-433)
63. Application for United States Department of Homeland Security 2009 Assistance to Fire Fighters Fire Station Construction Grant.
(Council Communication No. 09-404)
64. Application for Energy Efficiency and Conservation Block Grant from the Department of Energy, $1,982,300.
(Council Communication No. 09-437)
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
(A) Consideration of adding permanent outdoor service area to Class C Liquor license at the Pelican Bar.
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. Request from Dr. K. L. Hebron,
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.
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.
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) 1043 Martin Luther King Jr. Parkway, fire-damaged structure, Titleholder: Terry May.
(B) 1820 E. 24th Street, main structure, Titleholder: Aletha L. Shepherd (Deceased).
2. The release of the fire escrow account held
for the structure located at
MOTION TO ADJOURN AT ______________________ P.M.

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