July 13, 2009 4:30 PM
National Park and Recreation Month
INVOCATION: Council Member Tom Vlassis
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 51:
4. Approving Alcoholic Beverage License Applications for the following:
NEW
APPLICATIONS
(A)
CASEYS #2676 2106
(B)
EL PALOMINO 3116 E 14TH ST C Beer
(C)
PEGGYS INC 3020
(D)
SUPER STOP 727 SE 14TH ST C
Beer
(E)
SUPER STOP
RENEWAL APPLICATIONS
(F)
AH BLANK GOLF COURSE 711
(G)
AIRPORT HOLIDAY INN 6111 FLEUR DR B
Liquor
(H)
APPLEBEES 3900 MERLE HAY RD
C Liquor
(I)
APPLEBEES 6301 SE 14TH ST C
Liquor
(J)
BEAVERDALE VFW CLUB 4029
(K)
(L)
DES MOINES AMVETS POST #
(M)
DICKEY DOOGANS 1201 E ARMY POST
C Liquor
(N)
DOUBLE J'S ROADHOUSE 607 SE 30TH ST C
Liquor
(O)
HOLIDAY INN DOWNTOWN 1050 6TH AVE B
Liquor
(P)
(Q)
JASPER WINERY 2400 GEORGE
FLAGG C Wine Native
(R)
LA PIZZA HOUSE 1013 SE 14TH ST C
Liquor
(S)
LOCUST TAP
(T)
MASTER JACKS 3000 E GRAND AVE
B Beer
(U)
OLD
(V)
ORLONDOS 4337 PARK AVE C Liquor
(W)
PIRAMIDAS 2718
(X)
QUIKTRIP #523 850 ARMY POST
RD C Beer
SPECIAL EVENTS APPLICATIONS
(Y)
CENTERPLATE 1 LINE DR Five (5) Day License
Class
B Beer License for an event on July 22, 1009.
(Z)
CENTERPLATE 1 LINE DR Five (5) Day License
Class
B Beer License for an event on August 5, 2009.
(AA) OVATIONS FOOD 900 5TH AVE Five (5) Day License
Class
C Liquor License for Rib
(BB) SURF SHACK 319 COURT AVE Five (5) Day License
Class
B Beer (Beer/Wine) License for a street use event on July 25, 2009.
5. City Clerk to issue Cigarette Licenses.
6. City Clerk to issue Coin Operated Machine Licenses.
7. Ordering construction of the following:
(A)
E.
(Council Communication No. 09-467)
(B)
E.
(Council Communication No. 09-464)
(C)
McKinley Avenue Resurfacing –
(Council Communication No. 09-465)
(D)
SE 5th Street Resurfacing –
(Council Communication No. 09-459)
(E)
Bell Avenue Paving –
(Council Communication No. 09-470)
(F)
SE 5th Street Sidewalk from
(Council Communication No. 09-456)
(G) 2009 Expanded Street Resurfacing Program – Contract 2: Receiving of bids, (7-28-09), and Setting date of hearing, (8-10-09). (Construction Estimate - $2,334,000).
(Council Communication No. 09-491)
(H) 2009 Sewer Repair Contract 1: Receiving of bids, (7-28-09), and Setting date of hearing, (8-10-09). (Construction Estimate -$957,298).
(Council Communication No. 09-490)
8.
Authorization to proceed on
(Council Communication No. 09-447)
9. Approving Professional Services Agreement with Calhoun-Burns and Associates for Easter Lake Drive over Easter Lake Bridge Rehabilitation, not to exceed $103,550.
(Council Communication No. 09-451)
10. Approving completion and acceptance of private construction contracts for the following:
(A) Alley paving improvements, alley starting at Des Moines Street and running approximately 150 feet to the north, and located one block to the west of 600 E. 30th Street between Breiholz Construction Company and Greater Iowa Credit Union.
(B) Alley paving improvements, north/south alley paving between 9th, 10th, Walnut and Mulberry Streets between Jordison Construction and LB Properties X.L.L.C.
(C) Alley paving improvements, alley east of 19th Street for 1815 High Street between Gator Excavating, Inc. and Koester Construction Co., Inc.
(D)
Sanitary sewer improvements,
(E)
Paving, sidewalk and storm sewer
improvements,
(F)
Storm sewer improvements,
11. Communication from Corell Contractor, Inc. requesting permission to sublet certain items on High Street Realignment – 10th Street to 14th Street – Phase 2.
12. Accepting completed construction and approving final payment for the following:
(A) Police Station Emergency Generator, Stroh Corporation.
(B)
Closes Creek Watershed –
(C) 2008 Flood Sewer Repair Contract 1, Corell Contractor, Inc.
(D) 12th, 13th and Mulberry Streets Widening, C.A.C., Inc.
(E) 2600 block of Aurora Avenue Storm Water Repairs, C.A.C., Inc.
13. Levying assessments for costs of Nuisance Abatement – NAC Emergency Orders for the following:
(A) Schedule No. 2009-13 (Public Works).
(B) Schedule No. 2009-14 (Community Development).
14. Approving deletion of Rental Inspection Assessments at various locations.
15.
Approving deletion of NAC-Emergency Assessment at
16. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater Utility Fees for June 2009.
17. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater Utility Credits for June 2009.
18.
Establishing fair market value of multiple
properties for the
(Council Communication No. 09-453)
BOARDS/COMMISSIONS/NEIGHBORHOODS
19. Notification from Council Member Michael Kiernan advising of his resignation from the Metropolitan Planning Organization, Seat 3, effective immediately.
20. Communication from Urban Design Review Board regarding Franklin Avenue Library.
21. Number Not Used.
COMMUNICATIONS FROM PLANNING AND ZONING
22.
Regarding request from City
Engineer for vacation of a dead-end segment of the east/west alley between
23. On conveyance of a vacated segment of the east/west alley between SE 8th and SE 9th Streets from E. Railroad Avenue and south of Vale Street to Larry Parsons, $100, (7-27-09).
24. On vacation and conveyance of a subsurface easement area needed for Wellmark’s new home office facility, (7-27-09).
25.
On voluntary annexation of
(Council Communication No. 09-452)
26.
On amendment to lease of a portion
of Franklin Field (5200 block of
(Council Communication No. 09-480)
27. On Amendment of Urban Renewal Development Agreement, Declaration of Covenants and Special Warranty Deed for conveyance of Disposition Parcel 28A in Guthrie Avenue Business Park to Doll Distributing (to amend legal description), (7-27-09).
(Council Communication No. 09-492)
28.
On request from Andy Holt for a
fourth amendment to the Baker PUD Conceptual Plan, 4500 Hubbell Avenue, to
allow a reconfiguration of the approved light industrial park concept to revise
the street layout and access point as well as general lot sizes and
configurations, subject to conditions, (7-27-09).
29. On request from Aviation Director for an ordinance repealing and adopting new Des Moines International Airport Height and Hazard Zoning regulations codified in Article X of Chapter 22 of the City Code, (7-27-09).
30. On text amendment to the Zoning Ordinance to revise standards to allow non-conforming single-family dwellings to be rebuilt on the original building footprint without an increase in gross floor area, (7-27-09).
(Council Communication No. 09-485)
31. On revocation of liquor license for CAJSR, LLC d/b/a Sapphire Bar & Grill, 520 Army Post Rd., for violation of City of Des Moines ordinances, (7-27-09).
LEGAL DEPARTMENT - CLAIM SETTLEMENTS &
32. Approving payment of $2,774.03 to Ahlers & Cooney, P.C. Law Firm with respect to general matters.
33.
Approving payment of
$1,737.90 to Ahlers & Cooney, P.C. for legal services regarding the
34. Approving payment of $8,652.93 to Hall & Associates for services related to the Combined Sewer System and Combined Sewer Overflows related to the NPDES Permit and additional work on proposed rules by IDNR.
35. Submitting travel and training requests for Bruce Braun, Garry Fuller, Diane Goldsbury, Joe Gonzalez and Eric Nevins.
(Council Communication No. 09-489)
36. Grant Agreements with the U.S. Department of Housing and Urban Development (HUD) for funding of the 2009 HUD Consolidated Plan.
(Council Communication No. 09-442)
37. Number not used.
38. Application to the Iowa Finance Authority requesting Low Income Housing Tax Credits for the rehabilitation of existing low-income housing for the following:
(Council Communication No. 09-482)
(A) 1264 Cummins Road (Southridge Apartments) – 60 units.
(B) 2201 E Park Avenue (Lancaster Place Apartments) – 72 units.
39.
Preliminary
approval of a Neighborhood Commercial Revitalization (NCR) Program Loan of $100,000
for renovations to
(Council Communication No. 09-493)
40.
Preliminary
approval of a Neighborhood Commercial Revitalization (NCR) Program Loan Façade
Grant of $15,000 for renovations to
(Council Communication No. 09-495)
41.
Transferring
$50,000 of funding from the
(Council Communication No. 09-478)
42. Notices to the public for projects to be located in a floodplain and a request for 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. 09-479)
43. Number Not Used.
44. Request for six-month extension to U.S. Department of Labor for Local Multiple Education Pathway Blueprint (MEPB) and subcontract the implementation of the program to the Des Moines Area Community College (DMACC).
(Council Communication No. 09-441)
45.
The
execution of a
(Council Communication No. 09-468)
46. Number not used.
47.
Partial
Release of Judgment for real estate locally known as 806 SE Circle,
48. Bids from the following:
(A) Dewey Ford (Dan Boettcher, General Manager) and Stew Hanson Dodge City Jeep (Dan Boettcher, General Manager) for video inspection vehicles to be used by the Public Works Department, $266,734.70. (Thirteen bids mailed, two received).
(Council Communication No. 09-471)
(B) Louie’s Floor Covering (Randy Croat, Vice President) for an annual contract with two (2) additional one-year renewal options to furnish carpet and vinyl tile installation services to be used by the Park & Recreation Department, $40,000. (Ten bids mailed, two received).
(Council Communication No. 09-475)
(C) Quality Painting Company (Patricia Dawson, Owner) for an annual contract with two (2) additional one-year renewal options to furnish tuckpointing and caulking services to be used by the Park & Recreation Department, $95,000. (Nine bids mailed, three received).
(D) AP/M Permaform (Bill Shook, President) for a blanket purchase order for high-strength grout products for FY2010 to be used by the Public Works Department, estimated annual cost $50,000.
(Council Communication No. 09-483)
(E) Great American Outdoor (Don Van Houweling, Owner) for a blanket purchase order for John Deere equipment repair parts for FY2010 to be used by the Park & Recreation Department, estimated annual cost $50,000.
(Council Communication No. 09-472)
(F) Intergraph Corporation (Halsey Wise, President) for annual software maintenance to the city’s Computer Aided Dispatch (CAD) and Records Management System (RMS) to be used by the Police Department, $174,532.88.
(Council Communication No. 09-469)
(G) POM Incorporated (Seth Ward II, Owner & President) for replacement parking meter equipment to be used by the Traffic & Transportation Division, $129,901.05.
(Council Communication No. 09-446)
(H) Tri State Companies (Hugh Stafford, Owner & President) for a blanket purchase order for Toro equipment repair parts for FY2010 to be used by the Park & Recreation Department, estimated annual cost $80,000.
(Council Communication No. 09-473)
(I)
Ed Stivers Ford (Don Politte, President) for 22
patrol cars per State of
(Council Communication No. 09-477)
(J)
Home Depot stores (Frank Blake, CEO) for a blanket
purchase order for miscellaneous building materials and supplies for FY2010 per
State of
(Council Communication No. 09-474)
(K)
TMC Auto Body (Craig Peters, Owner) and Deery
Brothers Chevrolet (Tony Nordman, General Manager) for auto body repair
services for FY2010 per State of
(Council Communication No. 09-444)
(L) Unisource (Brian Conley, Business Manager) for annual supply of copy paper to be used by the Finance Department Print Shop, $38,080. (Five bids mailed, four received).
(Council Communication No. 09-476)
49. Civil Service Promotional List for Sewer Maintenance Worker.
50. Authorizing Finance Director to draw checks on registers for weeks of July 13 and July 20, 2009; to draw checks for bills of the Des Moines Municipal Housing Agency for weeks of July 13 and July 20, 2009; and to draw checks for biweekly payroll due July 17, 2009.
ORDINANCES - SECOND CONSIDERATION
51. Amending Chapter 94 of the Municipal Code regarding emergency repair of public improvements.
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* * END CONSENT AGENDA *
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ORDINANCES - FINAL CONSIDERATION
52.
On proposed renaming of
streets recently annexed or to be annexed in the City of
(Council Communication No. 09-461)
(A)
Communication
from Skip Phillips,
ORDINANCES - FIRST CONSIDERATION
53. Amending Chapters 10, 14 and 30 of the Municipal Code regarding dancing and related activities:
(Council Communication No. 09-481)
(A) Dance Ordinance Alternatives:
(1) Repeal of the entire public dance permit ordinance (no permit would be required and no time restrictions).
Or
(2) Repeal of public dance hour restriction (permit required, but no time restrictions) and also exemption of Park and Recreation Department property.
(B) Related Ordinance Amendments:
(1) Liquor Licensed Establishments – eliminate hour restrictions when music can be played.
(2) Amusement Devices (coin-operated machines, etc) eliminate hour restrictions when games can be played.
54. Amending Chapter 42 of the Municipal Code regarding noise control, sound equipment, sound amplifying equipment and construction equipment, establishing a Type J permit to allow non-profit or philanthropic organization to operate beyond the normally permitted hours.
(Council Communication No. 09-496)
(A) Final consideration of ordinance above, (waiver requested by Community Development Director), requires 6 votes.
55. Amending Chapter 18 of the Municipal Code, regarding the keeping and care of agricultural non-domestic animals and exotic animals in the newly annexed areas.
(Council Communication No. 09-463)
(A) Final consideration of ordinance above, (waiver requested by Community Development Director), requires six votes.
56. Amending Chapter 114 of the Municipal Code submitting traffic regulation changes as follows:
(A) Urbandale Avenue Stop Sign changes at 50th and 52nd Streets.
(B)
Parking changes for Nationwide office building on
(C)
Request for stop sign changes at
(D)
New off-street surface parking facility at
(E)
Additional resident permit parking near
Arlington-Hallet Apartments,
(Council Communication No. 09-445)
57.
From John D. and Kay Jones, 119 SW Miller, to consider
renaming the
58. From Odell McGhee and Romonda Belcher-Ford, to speak regarding vacating and closure of E. First Street between Walnut Street and Court Avenue to create “A Monumental Journey”, working monument and plaza as part of the Principal Riverwalk.
59. Request from Una Ray, Martin Luther King Jr. Neighborhood Association, to speak regarding discontinued Handyman Service of the Community Housing Development Corporation.
60.
From Marsha Steele, business owner,
61.
From Dave West,
*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 Proposed Tree Preservation and Mitigation Ordinance (continued from 5-4-09).
(Council Communication No. 09-462)
63. On conveyance of property, north of I-235 between 21st and 22nd Streets, to adjoining property owners, Don and Jason Roose, $200.
(Council Communication No. 09-455)
64. On
request from Florencia Estrada to rezone property at 335 Forest Avenue from “R1-60” (One-Family Low-Density
Residential) to “R-3” (Multiple Family Residential) to allow construction of a
detached garage as an accessory use to an existing 6-unit multiple-family
dwelling, (continued from the 4-6-09 Council meeting). Plan
and Zoning Commission recommends denial,
(Council Communication No. 09-494)
65. On
(Council Communication No. 09-484)
66. On Bates & Evergreen Parks Playground 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), $216,300.
(Council Communication No. 09-458)
(A) Approving contract and bond and permission to sublet.
67. On E. University Avenue/E. 30th Street Traffic Signal Interconnect Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Iowa Signal, Inc., (Wayne Lesley, President), $347,284.19.
(Council Communication No. 09-466)
(A) Approving contract and bond and permission to sublet.
68. On SE 14th Street Widening at E. Indianola Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Jasper Construction Services, Inc. (Steven J. Rhoads, President), $292,358.75.
(Council Communication No. 09-457)
(A) Approving contract and bond and permission to sublet.
69. On Southeast Connector Paving – SW 2nd Street to SE 6th Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate and designating lowest responsible bidder as Corell Contractor, Inc., (Grant S. Corell, President), $6,366,096.13.
(Council Communication No. 09-454)
(A) Approving contract and bond and permission to sublet.
(B) Approving
Supplemental Agreement No. 5 to the Southeast Connector Professional Services
Agreement with Kirkham Michael & Associates to provide construction phase
services for the Southeast Connector paving –
(Council Communication No. 09-450)
*** END HEARINGS AT _________ PM ***
70. Authorization to submit a grant application to the Iowa Department of Economic Development in order to fund a voluntary structural acquisition project for purchase of eligible properties in the Four Mile Area.
(Council Communication No. 09-449)
71. Reprogramming of prior years Community Development Block Grant (CDBG) funding and additional funds received for 2009 HUD Consolidated Plan Programs.
(Council Communication No. 09-443)
(A) Communication from chair of the Neighborhood Revitalization Board.
72.
Polk
(Council Communication No. 09-488)
73. Intergovernmental 28E Agreement with Des Moines Area Regional Transit Authority (DART) for real estate services for the DART Transit Hub relocation.
(Council Communication No. 09-448)
74. Lease Agreement with Historic Sternwheeler, LLC for dock at Birdland Marina and off-season rental of space in Birdland Marina.
(Council Communication No. 09-487)
75.
Review
of Board of Adjustment decision to amend a use variance at
(Council Communication No. 09-486)
MOTION TO ADJOURN AT ______________________ P.M.

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