|
|
***
|
|
|
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. |
|
|
SUMMARY
OF |
||
|
|
|
||
|
|
|
||
|
|
August 24, 2009 4:30 P.M. |
||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
|
Honor Flight hosted by |
||
|
|
|
||
|
|
|||
|
|
|
||
|
|
AAU Junior Olympics |
||
|
|
|
||
|
|
INVOCATION: Pastor Richard Hutton |
||
|
|
|
||
|
|
E. 5th
& |
||
|
|
|
||
|
|
1. ROLL CALL: Present:
Cownie, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. Council Member Coleman entered the meeting
during item 3. |
||
|
|
|
||
|
2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
Moved by Hensley to adopt.
Motion Carried 6-1. Absent:
Coleman. |
|||
|
|
|
||
|
|
* * * * * * * * * * * * * * * * * * * * * * * * * * * * |
||
|
|
|
||
|
|
|
||
|
3. APPROVING CONSENT AGENDA – items 3 through 51:
Moved by Kiernan to adopt the balance of the Consent Agenda. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
4. Approving Alcoholic Beverage License Applications for the
following: Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
NEW APPLICATIONS |
||
|
|
|
||
|
|
(A) RONS DAWG HOUSE 2117 E UNIVERSITY C Liquor |
||
|
|
(B) SAKARI SUSHI LOUNGE 2605 INGERSOLL C Liquor |
||
|
|
(C) SUNRISE TAP 4155 |
||
|
|
|
||
|
|
RENEWAL APPLICATIONS |
||
|
|
(D) AK OCONNORS 4050 |
||
|
|
(E) CARLOS O'KELLYS 4371 MERLE HAY RD C Liquor |
||
|
|
(F) EMBASSY SUITES HOTEL 101 E LOCUST ST B Liquor |
||
|
|
(G) H & A MINI MART 145
UNIVERSITY E Liquor |
||
|
|
(H) |
||
|
|
(I) INFINITE 2829 |
||
|
|
(J) J & J PIZZA PUB 1264 E 14TH ST C Liquor |
||
|
|
(K) LA PIZZA HOUSE 1013 SE 14TH ST C Liquor |
||
|
|
(L) OLD |
||
|
|
(M) PARADIES SHOPS 5800 FLEUR DR B Wine Native |
||
|
|
(N) QUIKTRIP # |
||
|
|
(O) QUIKTRIP |
||
|
|
(P) SHORTSTOP # |
||
|
|
(Q) SOME PLACE ELSE 1833 HUBBELL
AVE C Liquor |
||
|
|
|
||
|
|
(S) WAL MART |
||
|
|
(T) WAVELAND COFFEE SHOP 4704
UNIVERSITY C Liquor |
||
|
|
|
||
|
|
OUTDOOR SERVICE APPLICATIONS |
||
|
|
(U) STAR BAR 2809 INGERSOLL C Liquor |
||
|
|
Temporary
in conjunction with Ingersoll Live effective August 29 – 30, 2009. Pending approval of Electrical and Zoning
Departments. |
||
|
|
|
||
|
|
SPECIAL EVENTS APPLICATIONS |
||
|
|
|
||
|
|
(V) CLIVE JAYCEES 7401 SW 9TH ST Five (5) Day License |
||
|
|
Special Class C Liquor License (Beer/Wine) for
Latino Heritage Festival on September 19 – 20, 2009. |
||
|
|
|
||
|
|
(W) DM VOCAL ARTS ENSEMBLE 1200 GRAND AVE
Five (5) Day License |
||
|
|
Special Class C Liquor License (Beer/Wine) for an
event on September 26, 2009. Pending
approval of Building, Electrical, Fire and Zoning Departments. |
||
|
|
|
||
|
|
(X) FUNKY PICKLE 2801 BEAVER
AVE C Liquor |
||
|
|
Class C Liquor License for Beaverdale Fall Festival
on September 18, 2009. Pending
approval of Building, Electrical, Fire and Zoning Departments |
||
|
|
|
||
|
|
(Y) PALMERS DELI AND MARKET 2843
INGERSOLL Five (5) Day
License |
||
|
|
Special Class C Liquor License (Beer/Wine) for
Ingersoll Live on August 29, 2009. |
||
|
|
|
||
|
|
(Z) PALMERS DELI AND MARKET 2816 INGERSOLL
Five (5) Day License |
||
|
|
Class B Beer License for Ingersoll Live on August 29, 2009. Pending approval of Electrical Department. |
||
|
|
|
||
|
|
(AA) UNDERGROUND 504 E LOCUST ST
Five (5) Day License |
||
|
|
Class C Liquor License for VIP Celebration on
September 10, 2009. Pending approval
of Building, Electrical, Fire and Zoning Departments. |
||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
5. Approving submittal of Iowa Clean Air Attainment Program (ICAAP)
Fund applications to the Iowa Department of Transportation (IDOT) for
Citywide Fixed-time Signal Upgrade, $320,000 and Des Moines River Trail Phase
1, $500,000. (Council Communication No. 09-603)
Moved by Hensley to adopt; refer the comments regarding trees to the
City Manager for review and recommendation.
Motion Carried 7-0. |
|||
|
|
|
||
|
|
6. NUMBER NOT USED. |
||
|
|
|
||
|
|
7. Approving Change Orders with Cramer and Associates, Inc. for additional work on the following: (Council Communication No. 09-610) |
||
|
|
|
||
|
(A) No. |
|||
|
|
|
||
|
(B) No. |
|||
|
|
|
||
|
8. Approving Private Construction Contract for J.P. Cullen &
Sons, Inc. and State of Iowa, Department of Administrative Services for Storm
Sewer Improvements in 1375 E. Court Avenue. Moved by Kiernan to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
9. Accepting completed construction and approving final payment for the following: |
||
|
|
|
||
|
(A) Sternquist Construction Inc. – High Street Realignment – |
|||
|
|
|
||
|
(B) Sternquist Construction Inc. – |
|||
|
|
|
||
|
(C) Sheets Excavating, Ltd. – Blank Park Zoo 2009 Walkway &
Storm Sewer Replacement. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
10. Accepting completed construction and approving final payment for
2007-08 Paving Program, Concrete Technologies, Inc. Moved by Kiernan to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
(A) Carpenter Avenue reconstruction from 30th
to |
||
|
|
|
||
|
(1) Accepting work and ordering preparation of
plat and schedule of assessments. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
(2) Adopting and levying final schedule of
assessments and providing for payment. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
(B) |
||
|
|
|
||
|
(1) Accepting work and ordering preparation of
plat and schedule of assessments. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
(2) Adopting and levying final schedule of
assessments and providing for payment. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
11. Approving amendment to agreement with Trelen J. Wilson and Linda
L. Bender regarding property at |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
12. Levying assessments for fees, fines, penalties, costs, and
interest imposed in the enforcement of the Neighborhood Inspection Rental
Code (Schedule No. 2009-02). Moved by Mahaffey to defer to the September
14, 2009 Council meeting. City Manager
will provide a complete list of fees, fines and charges regarding rental
inspections. Motion Carried 7-0. |
|||
|
|
|
||
|
13. Approving deletion of NAC-Emergency Assessment at |
|||
|
|
|
||
|
|
|||
|
|
|
||
|
14. Establishing Fair Market Value of 2625
and |
|||
|
|
|
||
|
15. Establishing Fair Market Value of
multiple properties for the |
|||
|
|
|
||
|
16. Approving Agreement with Merchants
Bonding Company and Valley Bank for grading and seeding in Sterling Trace
Plats 1 and 2. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
17. Authorizing City Manager to determine
fair market value and enter into negotiations to acquire the Southern Meadows
Apartments at |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
18. Recommendation of Council Member
Chris Coleman to appoint Michelle A. Sacco to the Access Advisory Board, Seat 11, for a four-year term commencing
June 15, 2007 to expire June 15, 2011. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
19. Regarding request from
Mid-American Recycling, LLC d/b/a Greenstar for vacation of a dead-end
segment of |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
20. On conveyance of vacated segment
of east/west alley between E. 14th and E. 15th Streets,
north of E. Court Avenue and south of Dean Avenue to Leon C. Newquist, $50,
(9-14-09). Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
21. On conveyance of property located
between 1545 and |
|||
|
|
|
||
|
|
|
||
|
22. On application of Angel Groff for
relief from temporary moratorium on creation or expansion of vehicle display
lots at 4109 SE 14th Street, (9-14-09). Moved by Kiernan to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
23. Approving payment of
$437.50 to Hall & Associates for services related to proposed rules by
Iowa Department of Natural Resources (IDNR). Moved by Kiernan to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
24. Approving payment of
$25,376.13 to Ahlers & Cooney, P.C. for services regarding general
obligation bonds. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
25. Approving payment of
$125.00 per hour for retention of Attorney Hugh Cain of Hopkins and Huebner
for services to the Des Moines Civil Service Commission. Moved by Kiernan to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
26. Approving payment of
$12,229.52 to Shelter Insurance Companies as subrogee of Candelario and
Billie Sanchez for damages as a result of a sewer blockage.
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
27. Approving travel and training
requests for T.M. Franklin Cownie, Kevin Newman and Don Tripp. (Council Communication
No. 09-592) Moved by Kiernan to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
APPROVING |
||
|
|
|
||
|
28. Grant
Agreement with the U.S. Department of Housing and Urban Development (HUD) for
funding of the HUD Community Development Block Grant-Recovery Program. (Council Communication No. 09-586)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
29. Sub-recipient
contract with |
|||
|
|
|
||
|
30. Execution
of Memorandum Of Understanding with the National Community Stabilization
Trust (NCST) to implement the Neighborhood Stabilization Program (NSP). (Council Communication No. 09-600)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
31. Agreements
and related documents for the Community Development Neighborhood Conservation
Services Neighborhood Stabilization Program.
(Council Communication No. 09-599)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
WITHDRAWN |
|
||
|
32. |
|||
|
|
|
||
|
|
|
||
|
33. Documents
related to a Neighborhood Commercial Revitalization Program Loan in the
amount of $100,000 for renovation to |
|||
|
|
|
||
|
34. Iowa
Department of Economic Development Community Development Block Grant Business
Disaster Recovery Fund Contract for funding of Business Rental Assistance
Program. (Council Communication No. 09-596)
Moved by Kiernan to approve.
Motion Carried 7-0. |
|||
|
|
|
||
|
35. Notices
to the public for projects to be located in a floodplain and a request for
the release of funds from the Iowa Department of Economic Development (IDED)
for funds from the Consolidated Security, Disaster Assistance and Continuing
Appropriations Act of 2009. (Council Communication No. 09-620)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
36. Preliminary
terms of agreement with 6000 Aurora, LLC for redevelopment of |
|||
|
|
|
||
|
37. Application
for Enterprise Zone Certification for proposed NE Hubbell/Broadway Enterprise
Zone. (Council Communication No. 09-608)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
38. |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
39. |
|||
|
|
|
||
|
40. Submission
of grant application to the State of |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
41. |
|||
|
|
|
||
|
42. Donation
and Construction Agreement between Rebuilding Together Greater Des Moines,
Inc., d/b/a Rebuilding Together regarding Ashfield Park Playground. (Council Communication No. 09-591)
Moved by Kiernan to adopt.
Motion Carried 6-0. Council
Member Hensley declares a conflict of interest and abstains from voting. |
|||
|
|
|
||
|
|
43. Approving the following with MidAmerican Energy Company: (Council Communication No. 09-588) |
||
|
|
|
||
|
(A) Renewal of Value-Added Service Agreement.
Moved by Hensley to approve; refer to the City Manager for answers to
questions regarding clean energy.
Motion Carried 7-0. |
|||
|
|
|
||
|
(B) Street Lighting Service Contract.
Moved by Hensley to approve; refer to the City Manager for answers to
questions regarding clean energy.
Motion Carried 7-0. |
|||
|
|
|
||
|
44. Sidewalk
Café Lease serving alcohol for Spaghetti Works with I-80 Spaghetti Works
Corp. at 310 Court Avenue. (Council Communication No. 09-617)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
45. Submittal
to State Historical Society of |
|||
|
|
|
||
|
45I. Recommendation from Mayor Frank Cownie to appoint Council
Member |
|||
|
|
|
||
|
46. 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 Fall of 2009. Moved by Kiernan to receive, file and
approve banner design. Motion Carried
7-0. |
|||
|
|
|
||
|
47. Bid
from Central Asphalt Paving (Tom Elverum, President/Owner) for asphalt patching
services for various cemetery, trail and park locations for use by the Park
& Recreation Department, $38,151.36.
(Six bids mailed, four received). Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
48. Civil
Service Entrance List for Family Development Specialist. Moved by Kiernan to receive
and file. Motion Carried 7-0. |
|||
|
|
|
||
|
49. Authorizing
Finance Director to draw checks on registers for the weeks of August 24,
August 31 and September 7, 2009; to draw checks for bills of the Des Moines
Municipal Housing Agency for the weeks of August 24, August 31 and September
7, 2009; and to draw checks for bi-weekly payroll due August 28 and September
11, 2009. Moved by Kiernan to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
50. 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 Hensley to continue to September
14, 2009 Council meeting. Motion
Carried 7-0. |
|||
|
|
|
||
|
(A) Communication
from Allen Suby, |
|||
|
|
|
||
|
51. Amending paragraph (b) of
Section 1-15 relating to general penalty for misdemeanors.
Moved by Kiernan that this ordinance do now pass,
#14,881. Motion Carried 7-0. |
|||
|
|
|
||
|
|
|
||
|
|
*
* * *
* * *
* * END CONSENT AGENDA *
* * *
* * *
* * * |
||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
52. 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. 09-594) Moved by Hensley that this
ordinance be considered and given second vote for passage; refer to the City
Manager to form a committee of Ingersoll business owners to work with the
City on creation of an Exit Strategy, if necessary. The City Manager will work on a plan to
help educate the community about Complete Streets. This ordinance will go into effect in
Spring 2010. Motion Carried 6-0. Mayor Cownie declares a conflict of
interest and abstains from voting. |
|||
|
|
|
||
|
|
|
||
|
|
|||
|
|
|
||
|
53. From Geoffrey Ingram, |
|||
|
|
|
||
|
|
|
||
|
54. From Karen Russell, |
|||
|
|
|
||
|
55. Receive and file Urban Design Review
Board approval of Riverwalk Court Avenue Kiosk and Riverwalk update. (Council Communication No. 09-615)
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
|
|||
|
|
|
||
|
56. On
consideration of renaming The Des Moines International Airport. (Council Communication No. 09-607)
Moved by Hensley to adopt and retain current name; refer to the City
Manager to identify options at the Airport to show recognition of
individuals. Motion Carried 7-0. |
|||
|
|
|
||
|
57. 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. (Council Communication No. 09-606)
Moved by Meyer to adopt. Motion
Carried 7-0. |
|||
|
|
|
||
|
(A) First consideration of ordinance above.
Moved by Meyer that this ordinance be considered and given first vote
for passage. Motion Carried 7-0. |
|||
|
|
|
||
|
(B) Final consideration of ordinance above, (waiver
requested by St. Anthony’s Church) requires 6 votes. Moved by Meyer 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, #14,882.
Motion Carried 7-0. |
|||
|
|
|
||
|
58. On
proposed ordinances to establish a comprehensive system for the consideration
of tree removal and planting of replacement trees in the review and approval
of applications for grading permits, site plans, subdivision plats and plats
of survey. (Council Communication No. 09-616) Moved by Coleman to adopt, subject to the
appropriate ordinance being amended to use the mitigation ratios initially
proposed on July 13, 2009; to direct the City Manager to respond to the
issues raised in the communications received by the City Council at the
hearing including, but not limited to, the application of the mitigation
requirements to the airport; and, to direct the Legal Department to respond
to the issues regarding off-site mitigation.
Motion Carried 6-1. Nays:
Cownie. |
|||
|
|
|
||
|
(A) First consideration of ordinance enacting new
Article X to Chapter 42, tree removal and mitigation ordinance and amending
Section 122-58 to adopt a list of approved tree species for planting in the
rights-of way and as required replacement trees. Moved by Coleman that this
ordinance be considered and given first vote for passage, subject to the
ordinance being amended to use the mitigation ratios as initially proposed on
July 13, 2009. Motion Carried 6-1. Nays: Cownie. |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
(B) |
|||
|
|
|
||
|
(C) First consideration of ordinance amending the
regulations applicable to grading permits, site plans, subdivision plats and
plats of survey. Moved by Coleman that this ordinance be
considered and given first vote for passage.
Motion Carried 6-1. Nays:
Cownie. |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
(D) |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
(E) |
|||
|
|
|
||
|
WITHDRAWN |
|
||
|
(F) |
|||
|
WITHDRAWN |
|
||
|
(G) |
|||
|
|
|
||
|
59. 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.
Moved by Kiernan to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
60. On assessment of $500
penalty to The Den, |
|||
|
|
|
||
|
61. REJECT all bids and close
the hearing on plans, specifications, form of contract documents and
Engineer’s estimate for Armory Building Reroofing. Moved by Vlassis to
adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
(A) Ordering construction of
Armory Building Reroofing: Receiving
of bids, (9-15-09), and Setting date of hearing, (9-28-09), Engineer’s
Estimate, ($158,500). (Council
Communication No. 09-612)
Moved by Vlassis to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
62. On 2009 Expanded Street
Resurfacing Program – Contract 3:
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), $126,198.89 (Council
Communication No. 09-614)
Moved by Meyer to adopt. Motion
Carried 7-0. |
|||
|
|
|
||
|
(A) Approving contract and
bond and permission to sublet. Moved by Meyer to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
63. On Riverpoint West Street
Improvements: Resolution approving
plans, specifications, form of contract documents, engineer’s estimate and
designating lowest responsible bidder as Sternquist Construction Inc., (Britt
Sternquist, President), $2,499,556.60.
(Council
Communication No. 09-618)
Moved by Hensley to adopt.
Motion Carried 7-0. |
|||
|
|
|
||
|
(A) Approving contract and
bond and permission to sublet. Moved by Hensley to adopt. Motion Carried 7-0. |
|||
|
|
|
||
|
|
**END HEARINGS AT 8:30 P.M.** |
||
|
|
|
||
|
|
|||
|
|
|
||
|
64. Application
for a Department of Transportation TIGER Grant for the SE Connector project
between |
|||
|
|
|
||
|
65. Rejection
of impounded vehicle towing and storage bids and directing Procurement
Administrator to reissue invitation to bid with revised bid
specifications. (Council Communication No. 09-613)
Moved by Vlassis to adopt and expedite the process if possible. Motion Carried 7-0. |
|||
|
|
|
||
|
MOTION TO ADJOURN. Moved
by Kiernan to adjourn at 8:45 PM.
Motion Carried 7-0. |
|||
|
|
|
||
|
|
View City Council agendas online at www.dmgov.org |
||
|
|
|
||
|
|
|
||
|
|
|
||
|
|
|
||
|
|
1949 1976 1981 2003 |
||
|
|
|
||
|
|
|
||
|
|
|
