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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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August 10, 2009 4:30 PM |
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(A) Roll
Call. Present: Cownie, Coleman,
Mahaffey, Meyer and Vlassis.
Absent: Hensley and
Kiernan. Council Member Kiernan
entered at 3:46 PM and Council Member Hensley entered at 4:20 PM during the
Closed Session. |
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(B) Recess, and reconvene in closed session
pursuant to Section 21.5(c) of the Code of Iowa to discuss pending
litigation. Moved by Vlassis to adopt. Motion Carried 5-2. |
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(C) Closed Session. |
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(D) Terminate closed session and reconvene in
open session. Moved by Vlassis to adopt. Motion Carried 7-0. |
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Recognition of |
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INVOCATION: Chaplain John Harrell |
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Fire Department |
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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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3. APPROVING CONSENT AGENDA – items 3
through 51: Moved by Hensley 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 Hensley to adopt; Police
Department to continue working with Court Avenue establishments regarding
hours of off-duty officers and submitting trip call reports on liquor applications. Motion Carried 7-0. |
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NEW APPLICATIONS |
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RENEWAL APPLICATIONS |
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(D) 101 LOUNGE 102 3RD ST C Liquor |
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(E) |
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(F) AMF DES MOINES LANES 3839 E 14TH ST C Liquor |
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(G) BEECHWOOD LOUNGE |
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(H) CASEYS GENERAL STORE 3527
INDIANOLA C Beer |
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(I) CASEYS GENERAL STORE |
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(J) CASEYS GENERAL STORE 5150 E 14TH ST C Beer |
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(K) CIGARETTE OUTLET #4 2914 E UNIVERSITY E Liquor |
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(L) CROATIAN FRATERNAL 6575
INDIANOLA C Liquor |
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(M) DRAGON HOUSE |
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(N) FRATERNAL ORDER 6567 |
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(O) LA PREFERIDA |
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(P) OAKMOOR RACQUETBALL 4731 MERLE HAY RD B Beer |
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(Q) PAL JOEYS 6224 GRAND
AVE C Liquor |
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(R) STROLL INN (THE) 3325 HUBBELL AVE C Liquor |
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(S) SURF SHACK 319 COURT AVE C Liquor |
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(T) TEQUILAS LIQUOR STORE 1434 DES MOINES ST E Liquor |
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(U) TOBACCO OUTLET PLUS |
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(V) UNDERGROUND |
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(W) YO YOS BAR & GRILL |
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SPECIAL EVENT APPLICATIONS |
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(X) CENTERPLATE 1 LINE
DR Five (5) Day
License |
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Class
B Beer License for an event on August 26, 2009. |
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(Y) FIREFEST 25 E COURT AVE Five
(5) Day License |
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Class B Beer License for Firefest on August 29,
2009. Pending approval of the Fire
Department. |
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(Z) PARKS AREA FOUNDATION 3612 6TH
AVE Five (5) Day License |
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Class
B Beer License for Classic Car Show & Shine on August 29, 2009. |
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5. City Clerk to issue Cigarette Licenses. Moved by Hensley to
adopt. Motion Carried 6-1. Nays:
Cownie. |
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6. City Clerk to issue Coin Operated Machine Licenses. Moved
by Hensley to adopt. Motion Carried
7-0. |
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7. Ordering construction of Principal Riverwalk – |
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8. Approving execution of revised United States Department of
Agriculture (USDA) Natural Resources Conservation Service (NRCS) Project
Agreement for the Emergency Watershed Protection Program and Operation and
Maintenance Agreement for |
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(A) Ordering construction of 1235 Davis Avenue Soil
Stabilization: Receiving of bids,
(9-1-09), and Setting date of hearing, (9-14-09), Engineer’s Estimate,
($116,074). (Council Communication No. 09-570) Moved by Hensley to adopt. Motion Carried 7-0. |
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9. Approving Supplemental Agreement No. 1 to the Riverwalk
Walnut/Grand West Professional Services Agreement with Stanley Consultants,
Inc. to provide additional design services, not to exceed $19,000. (Council Communication No. 09-555)
Moved by Hensley to adopt.
Motion Carried 7-0. |
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10. Approving completion and acceptance of
private construction contracts for the following: |
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(A) Sanitary sewer improvements, |
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(B) Storm sewer improvements, Carman Estates Plat
6, Phase 1 between McAninch Corporation and Jerry’s Homes, Inc.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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(C) Manhole improvements for storm sewer
manholes to serve as access for existing 42” storm sewer located northeast of
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11. Approving Private Construction Contract between Tyler Excavating,
Inc. and Point Builders LLC for sanitary sewer improvements in |
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12. Communication from contractors requesting permission to sublet
certain items on public improvement projects. Moved by Hensley to
adopt. Motion Carried 7-0. |
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13. Accepting completed construction and approving final payment for
2008 HMA Pavement Scarification & Resurfacing, OMG |
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14. Levying assessments for costs of Nuisance Abatement-NAC Emergency
Orders (Community Development) Schedule No. 2009-15. Moved by Hensley to
adopt. Motion Carried 7-0. |
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15. Approving deletion of rental inspection assessment at |
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16. Approving deletion of NAC-Emergency
Assessments at the following: |
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(A) 3105 Amherst St. Moved by Hensley to
adopt. Motion Carried 7-0. |
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(B) 2266 Hubbell Avenue. Moved by Hensley to
adopt. Motion Carried 7-0. |
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17. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater
Utility Fees for July 2009. Moved by Hensley to adopt. Motion Carried 7-0. |
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18. Approving Delinquent Sewer Rental and/or Solid Waste/Stormwater
Utility Credits for July 2009. Moved by Hensley to adopt. Motion Carried 7-0. |
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19. Acceptance of real estate documents from David R. Ghiasi for |
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20. Acceptance of real estate documents for property located at |
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21. Approving acceptance of updated
Irrevocable Letter of Credit from Brook Run L.C. for remaining subdivision
improvements in Brook Run Village Plats 9, 10, 11 and 12, $24,894. (Council Communication
No. 09-550) Moved by Hensley to adopt.
Motion Carried 7-0. |
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22. Approval of environmental covenant with the Iowa Department
of Natural Resources and MidAmerican Energy Company for SE Connector Project
– SW 2nd to |
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23. Approving 87 Tax Abatement
applications for additional value added during 2009. (Council Communication No. 09-545) Moved by Hensley to adopt. Motion Carried 7-0. |
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24. Approving property acquisition settlement and payment of
condemnation award to Andrew J. and Ruth Anne Holt for property located at |
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25. Authorization to proceed with acquisition of the necessary
right-of-way and easements for E. Diehl Avenue turn lane at SE 14th
Street project. (Council
Communication No. 09-562) Moved by Hensley to adopt. Motion Carried 7-0. |
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26. Recognition of the |
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27. Recommendation from Council Member
Brian Meyer to reappoint Donald Chestnut to the Sister Cities Commission,
Seat 15, for a five-year term commencing April 28, 2009 to expire April 28,
2014.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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28. Communication from Mary McBride
advising of her resignation from the Traffic Safety Committee, Seat 6,
effective immediately. Moved by
Hensley to receive, file and accept resignation with appreciation for her
service. Motion Carried 7-0. |
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(A) Recommendation from Council Member |
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29. On
conveyance of city-owned real estate and for the vacation and conveyance of
the adjoining alley at the corner of Indianola Road and Edison Avenue to St.
Anthony’s Church, $300, (8-24-09). Moved by Hensley to adopt. Motion Carried 7-0. |
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30. On consideration of renaming the Hensley to
adopt. Motion Carried 7-0. |
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31. On competitive bid process and
intent to accept developer-initiated development proposal from World Food
Prize Foundation to develop Disposition Parcel No. 01-1 in the Metro Center
Urban Renewal Project and approving minimum requirements and competitive
criteria for development, (9-28-09). (Council Communication No. 09-561) Moved by Hensley to adopt. Motion Carried 7-0. |
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32. On Proposed Third Amendment to
Urban Renewal Plan for the Guthrie Avenue Business Park Urban Renewal Area extending
to September 30, 2019, (9-14-09). (Council Communication No. 09-560) Moved by Hensley to adopt. Motion Carried 7-0. |
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33. On
assessment of $1,500 penalty and a 30-day suspension of Liquor License for
Southport Center Sports Bar, LLC, 1101 Army Post Road, for violation of Iowa
Alcoholic Beverage Laws, (8-24-09). Moved by Hensley to adopt. Motion Carried 7-0. |
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34. On assessment of $500 penalty to
The Den, |
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35. Approving payment of workers’ compensation
claims for the following: |
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(A) John Stewart, $33,653.93. Moved
by Hensley to adopt. Motion Carried
7-0. |
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(B) James McCuen, $9,863.77.
Moved by Hensley to adopt. Motion
Carried 7-0. |
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(C) Lynnette Colins,
$9,203.12. Moved by Hensley to adopt. Motion Carried 7-0. |
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36. Submitting travel and training
requests for Alex Andersen, Jeremy Betts, Robert Croue, Jason Halifax, Brenda
Ingle, Dave Krehbiel, Michael Taggart, James Oleson, Kimberly Piper and Anna
Young. (Council Communication
No. 09-553) Moved by Hensley to adopt.
Motion Carried 7-0. |
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37. United
Way of |
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38. Iowa
Department of Transportation Agreement Grant No. 11411 for capital
improvements at the |
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39. Extension
granted by the U.S. Department of Justice and State of Iowa Office of Drug
Control Policy for the 2006 Project Safe Neighborhoods Anti-Gang Initiative
Grant Award to June 30, 2010. (Council Communication No. 09-578) Moved by Hensley to adopt. Motion Carried 7-0. |
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40. Submittal
of $14,400 grant application to Prairie Meadows Racetrack and Casino to
expand and maintain operations of Police Mounted Patrol Program. (Council Communication No. 09-569) Moved by Hensley to adopt. Motion Carried 7-0. |
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41. 28E
Agreement with Iowa Department of Commerce, Alcohol Beverage Division for funding
tobacco enforcement compliance program, $20,000. (Council Communication No. 09-568) Moved by Hensley to approve. Motion Carried 7-0. |
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42. General
Streetscape Guidelines for City-assisted Streetscape Projects. (Council Communication No. 09-558) Moved by Hensley to adopt. Motion Carried 7-0. |
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43. Use
of various City facilities as poll sites for the School Election to be held
on Tuesday, September 8, 2009. Moved by Hensley to approve. City Clerk will notify the Parks Department
and the Municipal Housing Department to arrange access to the buildings. Motion Carried 7-0. |
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43I On extending the temporary moratorium on the creation
of new, and expansion of existing vehicle display lots to September 29,
2009. (Council
Communication No. 09-543) Moved by
Hensley to adopt and continue the moratorium through September 29, 2009. Motion Carried 7-0. |
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44. Communication
from Downtown Community Alliance on behalf of the Civic Center to approve banner
design for 20 banners to be displayed in Downtown Des Moines on Locust and 3rd
Streets in September and October 2009 to promote Wicked Musical.
Moved by Hensley to receive, file and approve banner design. Motion Carried 7-0. |
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45. Bids from the following: |
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(A) Central States Tactical (Melanie Petrie, Owner/President)
for tactical police shotguns to be used by the Police Department,
$29,026.68. (Four bids mailed, two
received). Moved by Hensley to adopt. Motion Carried 7-0. |
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(B) Number not used. |
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(C) Iowa On-Line Warrants and Articles (IOWA) System
which provides criminal information and connectivity to the on-line criminal
history data inside and outside the State of Iowa to be used by the Police
Department, $46,500. (Council Communication No. 09-548) Moved by Hensley to adopt. Motion Carried 7-0. |
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(D) Logos Imaging LLC for a digital x-ray system per US
General Services Administration (GSA) Schedule 84 Contract for use by the
Police Department, $25,882.27. (Council Communication No. 09-579) Moved by Hensley to adopt. Motion Carried 7-0. |
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(E) Hewlett Packard Co. for replacement employee desktop
personal computers per Western State Contracting Alliance (WSCA) price
agreement to be used by the IT Department, $650,000. (Council Communication No. 09-546) Moved by Hensley to adopt. Motion Carried 7-0. |
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46. Civil
Service Entrance Lists for Sewer Maintenance Worker and Lead Surveyor and Promotional
Lists for Airport Field Worker and Senior Police Officer. Moved by Hensley to receive
and file. Motion Carried 7-0. |
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47. Authorizing
Finance Director to draw
checks on registers for weeks of August 10 and
August 17, 2009; to draw checks for
bills of the Des Moines Municipal Housing
Agency for weeks of August 10 and August 17, 2009; and to draw checks for
biweekly payroll due August 14, 2009. Moved by Hensley to adopt. Motion Carried 7-0. |
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48. Amending Chapter 114 of the Municipal Code submitting
traffic regulation changes as follows: Moved by Hensley that this ordinance do now
pass, #14,876. Motion Carried
7-0. |
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(A) Urbandale
Avenue Stop Sign changes at 50th and 52nd Streets. |
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(B) Parking
changes for Nationwide office building on |
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(C) Request
for stop sign changes at |
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(D) New
off-street surface parking facility at |
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(E) Additional
resident permit parking near Arlington-Hallet Apartments, |
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49. Repealing Chapter 70 Article VIII
regarding residency restrictions for sex offenders, which has been preempted
and nullified by state law. Moved by Hensley that this ordinance be
considered and given second vote for passage.
Motion Carried 6-1. Nays: Meyer. |
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(A) Final consideration of ordinance above,
(waiver requested by Mayor Cownie) 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, #14,877.
Motion Carried 6-1. Nays:
Meyer. |
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50. Amending paragraph (b) of Section
1-15 relating to general penalty for misdemeanors. Moved by Hensley that this
ordinance be considered and given second vote for passage. Motion Carried 7-0. |
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51. Amending Chapter 26 Article
III of the Municipal Code to reference the 2008 Edition of the National
Electric Code and General Article I. Moved by Coleman that this ordinance be
considered and given second vote for passage. Motion Carried 7-0. |
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(A) Communication from Allen Suby and
Nancy Suby-Bohn, |
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*
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END CONSENT AGENDA * *
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52. Amending Chapter 70 of the Municipal Code to allow discharge
of firearms for the purposes of education or professional shooting
exhibitions, with approval of the Chief of Police. Moved by Hensley that this
ordinance be considered and given first vote for passage. Motion Carried 7-0. |
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(A) Final consideration of ordinance above, (waiver requested by Izaak Walton
League Outdoor Expo) 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, #14,878.
Motion Carried 7-0. |
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53. Amending Chapter 114 of the Municipal Code regarding
proposal for a three-lane restriping project including bicycle lanes and
additional parking on Ingersoll Avenue.
(Council Communication No.
09-554) Moved by Hensley that this ordinance be
considered and given first vote for passage; refer to Traffic and
Transportation to report back with data on current traffic counts, schedule a
meeting with business owners to view computer model and submit a written
evaluation after 6 months. Motion
Carried 6-0. Mayor Cownie declares a
conflict of interest and abstains from voting. |
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54. On renaming portions of |
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WITHDRAWN |
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(A) |
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55. From David Costello (Hope Builders) |
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56. From Dick and Rich Galloway, |
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57. From
Bruce Gerleman, |
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WITHDRAWN |
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58. |
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59. From William Lillis, |
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60. From
Iowa Department of Economic Development, requesting letter of support for
their bid to host the National Main Street Conference in 2011.
Moved by Hensley to provide letter of support. Motion Carried 7-0. |
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61. On
appeal from Nikala Prasasouk, |
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62. This
item was moved to Item 43-I in Approving section. |
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63. On
vacation and conveyance of segment of east/west alley, west of |
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(A) First consideration of ordinance above.
Moved by Vlassis 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 applicants) requires 6 votes. Moved by Vlassis 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, #14,879.
Motion Carried 7-0. |
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64. On
Zoning text amendment to revise standards of refuse collection
containers. (Council Communication No. 09-551) Moved by Vlassis to approve and
adopt. Motion Carried 7-0. |
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(A) First consideration of ordinance above.
Moved by Vlassis 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 Community Development Department) requires 6 votes.
Moved by Vlassis 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, #14,880. Motion Carried 7-0. |
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65. On
renewal of Parking Lease Agreement with Nelson Development, LLC at E. Grand
Avenue and E. 4th Street. (Council Communication No. 09-552) Moved by Meyer to adopt. Motion Carried 7-0. |
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66. On
McKinley Avenue Resurfacing – Fleur Drive to South Union Street: 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 and Paving,
(James Gauger, President), $339,405.16.
(Council Communication No. 09-573) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Meyer to adopt.
Motion Carried 7-0. |
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67. On
E. McKinley Avenue Widening – South Union Street to S.E. 5th
Street: Resolution approving plans,
specifications, form of contract documents, engineer’s estimate and
designating lowest responsible bidder as Reilly Construction Co., Inc. (Chris
R. Reilly, President), $1,383,942. (Council Communication No. 09-571) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Meyer to adopt.
Motion Carried 7-0. |
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68. On
Bell Avenue Paving – Druid Hill Drive, East to Dead End: Resolution approving plans, specifications,
form of contract documents, engineer’s estimate and designating lowest
responsible bidder as Sternquist Construction, (Britt Sternquist, President),
$334,232.45. (Council Communication No. 09-575) Moved by Hensley to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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69. On
E. Indianola Avenue Widening – SE 14th Street to SE 16th
Court: Resolution approving plans,
specifications, form of contract documents, engineer’s estimate and
designating lowest responsible bidder as Reilly Construction Co., Inc. (Chris
R. Reilly, President), $3,554,658.64.
(Council Communication No. 09-572) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Meyer to adopt.
Motion Carried 7-0. |
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(B) Approving Supplemental Agreement No. 1 to the E.
Indianola from SE 14th to Army Post Road Professional Services
Agreement with Snyder & Associates, Inc. to provide construction phase services
for the E. Indianola – SE 14th Street to SE 16th Court,
not to exceed $54,004. (Council Communication No. 09-559) Moved by Meyer to adopt. Motion Carried 7-0. |
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70. On
2009 Sewer Repair Contract 1:
Resolution approving plans, specifications, form of contract
documents, engineer’s estimate and designating lowest responsible bidder as
Van Hauen & Associates, Inc., (Mark Van Hauen, CEO/Vice President),
$967,091.80. (Council Communication No. 09-583) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet. Moved
by Vlassis to adopt. Motion Carried
7-0. |
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71. On
2009 Expanded Street Resurfacing Program – Contract 2: 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 and Paving,
(James Gauger, President), $1,833,183.60.
(Council Communication No. 09-577) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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72. On
SE 5th Street Resurfacing – E. County Line Road to E. Army Post
Road: Resolution approving plans,
specifications, form of contract documents, engineer’s estimate and
designating lowest responsible bidder as Grimes Asphalt & Paving
Corporation, (J. M. Yonker, President), $467,340.08. (Council Communication No. 09-574) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet.
Moved by Meyer to adopt. Motion
Carried 7-0. |
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73. On
SE 5th Street Sidewalk from E. Miller Avenue to E. Watrous
Avenue: 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), $49,705. (Council Communication No. 09-576) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) Approving contract and bond and permission to sublet. Moved
by Meyer to adopt. Motion Carried 7-0. |
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** END HEARINGS AT 5:39 PM ** |
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74. Request
from Council Member Vlassis to initiate action for the City of |
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75. Bids
from G & S Services Inc. (Glen Mikel, Owner/President) and Crow’s
Automotive Services d/b/a Crow Tow (Randy Crow, President) to furnish
impounded vehicle towing and storage services for use by the Police
Department, estimated cost $522,209.
(Nine bids mailed, three received).
(Council Communication No. 09-547) Moved by Coleman to continue to August
24, 2009 meeting and refer to City Manager for additional information regarding
citizen fees being considered in bid process.
Motion Carried 7-0. |
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76. 28E
Agreement with Des Moines Water Works for billing and collection services,
water charges for City facilities, and payment in lieu of taxes. (Council Communication No. 09-549) Moved by Kiernan to adopt. Motion Carried 7-0. |
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MOTION TO CONVENE. Moved by Vlassis that the City Council adjourn
and convene as a Board of Health.
Motion Carried 7-0. |
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1. APPROVING: The Legal Department to proceed with court action seeking authority to abate the public nuisance at the following locations: |
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(A) 1029 Bundy Street, main structure,
Titleholder: Robert L. Holland.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(B) 1713 Capitol Avenue, garage structure,
Titleholders: LAS 2004 Rev Trust and LRR 2004 Rev Trust; Contract
Buyers: Mark J. Gearhart and Deborah
L. Gearhart. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) 1540 17th Street, main structure and
garage structure, Titleholder: Des Moines Metro Credit Union.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(D) 985 25th Street, fire-damaged
main structure, Titleholder: Lori J. Weber; Mortgage Holder: First Federal Savings Bank.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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2. Communication regarding demolition cost reserve being
held by State Farm Insurance for the fire-damaged structure located at |
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MOTION TO ADJOURN. Moved by Vlassis to adjourn at 7:26
PM. Motion Carried 7-0. |
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1949 1976 1981 2003 |
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