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***
DES MOINES CITY COUNCIL MEETING REPORT
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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 DES MOINES CITY COUNCIL MEETING |
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October 26, 2009 4:30 PM |
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PROCLAMATIONS – 4:15 PM |
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Right of Way Recognition Month |
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INVOCATION: Pastor Craig Robertson |
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Grant Park Christian Church |
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E. 25th and Capitol |
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1. ROLL CALL: Present: Cownie, Coleman, Hensley, Kiernan, Mahaffey, Meyer and Vlassis. |
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2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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3. APPROVING CONSENT AGENDA – items 3 through 44:
Moved by Vlassis to adopt the balance of the Consent Agenda. Motion Carried 7-0. |
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* * * * * * * * * * * * * * * * * * * * * * * * * * * * |
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4. Approving Alcoholic Beverage License Applications for the
following: Moved by Vlassis to adopt. Motion Carried 7-0. |
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RENEWAL APPLICATIONS |
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(A) ALDI INC #03 3940 E 14TH STREET C Beer |
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(B) ALDI INC #29 500 E ARMY POST RD C Beer |
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(C) ALDI INC #38 2543 E UNIVERSITY C Beer |
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(D) AMICI ESPRESSO 206 6TH AVE C Liquor |
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(E) CARLOS O'KELLYS 6250 SE 14TH ST C Liquor |
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(F) DAHLS FOODS 4343 MERLE
HAY RD E Liquor |
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(G) DUBLIN 2307
UNIVERSITY C Liquor |
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(H) DUDS N SUDS 2629 BEAVER
AVE B Beer |
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(I) ESTRADAS 3029 MERLE HAY RD C Liquor |
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(J) HESSEN HAUS 101 4TH STREET C Liquor |
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(K) HY VEE GAS #5 1113 E ARMY POST C Beer |
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(L) JAVA JOES COFFEEHOUSE 214 4TH ST C Beer/Wine |
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(M) JESSES EMBERS 3301 INGERSOLL C Liquor |
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(N) SUPER QUICK 303 SE 30TH ST C Beer |
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SPECIAL EVENTS APPLICATIONS |
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(O) HY-VEE WINDSOR HEIGHTS 519 PARK
ST Five (5) Day License |
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Special Class C Liquor License for Pottery For
Prevention event on November 6, 2009.
Pending approval of Building, Electrical, Fire and Zoning Departments. |
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(P) RUSSELL GILMAN 519 PARK
ST Five (5) Day License |
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Class C Liquor License for an event on November 7,
2009. Pending approval of Building,
Electrical, Fire and Zoning Departments. |
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5. Ordering construction of the following: |
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(A) Police Department Metro Star Building Improvements: Receiving of bids, (11-24-09), and Setting
date of hearing, (12-7-09).
(Construction Estimate - $416,300).
(Council Communication No. 09-750) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) SE
6th Street Bridge over the Des Moines River
Rehabilitation: Receiving of bids,
(11-24-09), and Setting date of hearing, (12-7-09). (Construction Estimate - $2,387,597.50) (Council Communication No. 09-749) Moved by Vlassis to adopt. Motion Carried 7-0. |
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6. Approving Professional Services Agreement with RDG Planning and
Design for the Des Moines Skywalk structural and mechanical conditions and
improvements study, not to exceed $135,000.
(Council Communication No. 09-741) Moved by Vlassis to adopt. Motion Carried 7-0. |
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7. Approving Change Order No. 1 with Reilly Construction Co., Inc.
for adjustment of quantities on the E. Indianola Avenue Widening Phase 1, not
to exceed $80,386. (Council Communication No. 09-743) Moved by Vlassis to adopt. Motion Carried 7-0. |
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8. Approving Change Order No. 2 with Elder Corporation for
additional work on the Cownie Soccer Fields Improvements – Phase 3, not to
exceed $90,420. (Council Communication No. 09-744) Moved by Vlassis to adopt. Motion Carried 7-0. |
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9. Approving designation of lowest responsive, responsible bidder as
Proshot Concrete, Inc., Timothy McDougle, President, $179,664, and approval
of contract and bond, and permission to sublet on 1706 Pennsylvania Avenue
Soil Stabilization. Moved by Vlassis to adopt. Motion Carried 7-0. |
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10. Approving Private Construction Contract between Halbrook
Excavating, Inc. and Tai Village, Inc. for sanitary sewer improvements in
4200 ML King Jr. Parkway, $2,750. Moved by Vlassis to adopt. Motion Carried 7-0. |
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11. Communication from Van Hauen & Associates, Inc. requesting
permission to sublet certain items on 2009 Sewer Repair Contract 1.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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12. Accepting completed construction and approving final payment for the following: |
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(A) Grimes Asphalt & Paving Corp. –
American Discovery Trail – Segment 4. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) Grimes Asphalt & Paving Corp. – 2008
Expanded Street Resurfacing Program, Contract 2. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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SPECIAL ASSESSMENTS |
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WITHDRAWN |
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13. |
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14. Approving delinquent sewer rental and/or solidwaste/stormwater utility amounts for September 2009 on the following: |
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(A) Fees. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(B) Credits. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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15. Authorization to proceed with acquisition
of necessary right-of-way and easements for the SE 6th Street
widening – Court Avenue to Des Moines River project. (Council Communication
No. 09-748) Moved by Vlassis to adopt. Motion Carried 7-0. |
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COMMUNICATIONS FROM PLANNING AND ZONING |
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16. Regarding request from
Divine Temple Church of God in Christ, 707 Buchanan Street, to vacate
segments of right-of-way adjoining their property, subject to conditions.
Moved by Vlassis to receive and file and refer to the Engineering
Department, Real Estate Division.
Motion Carried 7-0. |
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17. On request from Erazm Rokitnicki
to rezone 2134 E. Grand Avenue from “R1-60” (One-Family Low-Density Residential)
to Ltd. “NPC” (Neighborhood Pedestrian Commercial) to allow conversion of
legal non-conforming book bindery office to an event/assembly hall,
(11-9-09). Moved by Vlassis to adopt. Motion Carried 7-0. |
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18. On request from Josh Spencer to
rezone 1800 Euclid Avenue from “C-1” (Neighborhood Retail Commercial), “C-2”
(General Retail and Highway Oriented Commercial) and “U-1” (Floodplain) to
“M-2” (Heavy Industrial) to allow a tree contracting business and wood yard
for display and sales of firewood, (11-9-09). (Plan and Zoning Commission
recommends DENIAL) Moved by Vlassis to adopt. Motion Carried 7-0. |
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19. On Zoning text amendments to
Section 134-278 and 134-1296 to address dwellings made non-conforming by
annexation and automatic imposition of “A-1” Agricultural District
regulations, (11-9-09). Moved by Vlassis to adopt. Motion Carried 7-0. |
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20. On Application for Certificate of
Public Convenience and Necessity to operate limousine services for Michael G.
Marks to do business as Marks Limousine Service, (11-9-09).
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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CITY MANAGER COMMUNICATIONS |
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21. Submitting travel and training
requests for Raymond Carrington and Tom Vlassis. (Council Communication
No. 09-754) Moved by Vlassis to adopt.
Motion Carried 7-0. |
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22. Supportive Housing Program (SHP) Renewal Grant Agreement with the United States Department of Housing and Urban Development (HUD) for the following: |
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(A) Homeless Management Information System. (Council Communication No. 09-734) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) House of Mercy Transitional Housing Program. (Council Communication No. 09-732) Moved by Vlassis to adopt. Motion Carried 7-0. |
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23. 2009
U.S. Department of Housing and Urban Development (HUD) Continuum of Care
program application. (Council Communication No. 09-733) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(A) Communication from Chair of Polk County Housing Continuum
Board.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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24. Major
Amendment #6 of Community Development Block Grant (CDBG) Program Disaster
Recovery Housing Fund Contact with Iowa Department of Economic Development to
add funds. (Council Communication No. 09-752) Moved by Vlassis to approve. Motion Carried 7-0. |
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25. Third
amendment to Jumpstart Housing Assistance Program Grant Agreement. (Council Communication No. 09-753) Moved by Vlassis to approve. Motion Carried 7-0. |
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26. Amendment to terms of Home Loans for renovation of low-income rental housing for the following: |
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(A) Oakridge Neighborhood Associates, L.P.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(B) Oakridge Neighborhood Associates, Phase II, L.P. (Council Communication No. 09-763) Moved by Vlassis to adopt. Motion Carried 7-0. |
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27. HOME
contract documents with MLK Brickstone, L.P. for $250,000 loan for new
construction of 18 units of low-income rental housing at 1045 19th
Street. (Council Communication No. 09-738) Moved by Vlassis to adopt. Motion Carried 7-0. |
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28. HOME
contract documents with Anawim (d/b/a Anawim Housing) for new construction of
six low-income rental housing units as part of mixed-use building at 2024
Forest Avenue. (Council Communication No. 09-739) Moved by Vlassis to adopt. Motion Carried 7-0. |
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29. Amended
Neighborhood Stabilization Program (NSP) Contract with the Iowa Department of
Economic Development and related supporting Documents. (Council Communication No. 09-751) Moved by Vlassis to adopt. Motion Carried 7-0. |
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30. Urban
Renewal Development Agreement with 6000 Aurora LLC for redevelopment of
former Silver Cinema Building at 6000 Aurora Avenue. (Council Communication No. 09-740) Moved by Vlassis to adopt. Motion Carried 7-0. |
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31. Environmental
covenants upon portions of SW 11th and Murphy Street within the
old Pittsburg/Des Moines Steel Site required to complete cleanup and qualify
for a “No Further Action” letter from the Iowa Department of Natural
Resources. Moved by Vlassis to adopt. Motion Carried 7-0. |
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32. Sidewalk
café lease serving alcohol with Rogers Entertainment, Ltd. d/b/a Legends at
216 Court Avenue. (Council Communication No. 09-736) Moved by Vlassis to adopt. Motion Carried 7-0. |
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33. Amendment
of Agreement with Sprint Solutions, Inc. for cell phone service and
authorizing IT Director to execute and to negotiate future amendments. (Council Communication No. 09-737) Moved by Vlassis to adopt. Motion Carried 7-0. |
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34. Acceptance
of Project Safe Neighborhoods 2009 Anti-Gang Initiative Grant, $25,877. (Council Communication No. 09-758) Moved by Vlassis to adopt. Motion Carried 7-0. |
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35. Submittal
of FY2008 Revised Annual Certification Report and FY2009 Annual Certification
Report to the U.S. Department of Justice.
(Council Communication No. 09-760) Moved by Vlassis to adopt. Motion Carried 7-0. |
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36. Sub-Grantee
Agreements to administer FFY 2008 Homeland Security Grant Program Funds from
Iowa’s Homeland Security and Emergency Management Division. (Council Communication No. 09-759) Moved by Vlassis to adopt. Motion Carried 7-0. |
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37. Communication
from Iowa Events Center requesting permission to place a temporary banner on
the north side of Veterans Auditorium in association with AQS Quilt Show and
Contest to be held from October 16th through November 1, 2009.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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38. Communication
from Downtown Community Alliance on behalf of Meredith Corporation to approve
banner design for 7 banners to be displayed in Downtown Des Moines on Locust
Street in winter 2009. Moved by Vlassis to receive, file and
approve banner design. Motion Carried
7-0. |
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39. Receive
and file Quarterly Treasurer’s Report as of September 30, 2009.
Moved by Vlassis to receive and file.
Motion Carried 7-0. |
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40. Bids from the following: |
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(A) Western Waterproofing (Tom Longer, Branch Manager)
and Superior Painting & Epoxy Coating (Tony Negrete, Owner) for
sandblasting and painting services of pools to be used by Parks and
Recreation Department, $66,427.75.
(Twelve bids mailed, four received). Moved by Vlassis to
adopt. Motion Carried 7-0. |
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(B) Foster & Freeman USA Inc. (David Tobin,
President) for three forensic fuming cabinets to be used by Police
Department, $48,122.83. (Seven bids
mailed, four received). (Council Communication No. 09-735) Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) Optics Planet (Mark Levitin, CEO) for thermal
imaging cameras to be used by Police Department, $28,620. (Nine bids mailed,
three received). Moved by Vlassis to adopt. Motion Carried 7-0. |
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(D) Auction Outlet (Sandy Matchinsky, Owner) for an
annual contract with up to four additional one-year renewal options to
furnish auctioneering services to dispose of abandoned and/or surplus
vehicles, equipment and unclaimed property to be used by the Police
Department, $50,000 annual estimated cost. (Nine bids mailed, three
received). Moved by Vlassis to adopt. Motion Carried 7-0. |
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(E) TNT Landscaping (John Church, Owner) for plant
materials for installation at various parks to be used by the Parks and
Recreation Department, $90,442.
(Thirteen bids mailed, seven received). (Council Communication No. 09-764) Moved by Vlassis to adopt. Motion Carried 7-0. |
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41. Civil
Service Promotional Lists for Fire Medic and Building Inspector.
Moved by Vlassis to receive and file.
Motion Carried 7-0. |
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42. Authorizing
Finance Director to draw checks on registers for the weeks of October 26 and
November 2, 2009; to draw checks for bills of the Des Moines Municipal
Housing Agency for weeks October 26, 2009 and November 2, 2009; and to draw
checks for biweekly payroll due November 6, 2009. Moved by Vlassis to
adopt. Motion Carried 7-0. |
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43. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows:
Moved by Vlassis that this ordinance do now pass, #14,901. Motion Carried 7-0. |
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(A) Extend Passenger Loading/Unloading on 5th Avenue adjacent to the Downtown School. |
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(B) Back-In Angle Parking – both sides of E. 4th Street from E. Grand Avenue to Des Moines Street. |
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(C) Additional Accessible parking spaces in the East Village. |
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(D) Loading Zone in front of new Nationwide Insurance Building – south side of Locust between 12th and 13th Streets. |
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(E) Removal of 7:00 am – 9:00 am parking restriction – E. Grand Avenue between Robert D. Ray Drive and Pennsylvania Avenue. |
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44. On request from State of
Iowa to rezone property in the vicinity of 1111 E. Court Avenue from “R-4”
(Multiple Family Residential) to “C-3A” (Central Business District Support
Commercial). Moved by Vlassis that this ordinance be
considered and given second vote for passage.
Motion Carried 7-0. |
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(A) Final consideration of ordinance above
(waiver requested by Community Development Department), requires six 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, #14,902. Motion Carried 7-0. |
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*
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* * END CONSENT AGENDA *
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45. Amending Chapter 70 of the
Municipal Code, regarding hunting and use of firearms and bows and arrows on
20-acre parcels assessed as agricultural property zoned “A-1” (Agricultural).
Moved by Meyer 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 Jamey and Joey Meyer, who initiated the
request), requires 6 votes. (Council Communication
No. 09-765) 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, #14,903.
Motion Carried 7-0. |
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46. Amending Chapter 18 of the
Municipal Code regarding the keeping of exotic and dangerous animals to
specifically exempt the keeping of primates by the Iowa Primate Learning
Sanctuary for research and educational programs. Moved by Meyer 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 the Iowa Primate Learning Sanctuary
d/b/a Great Ape Trust of Iowa), requires 6 votes. (Council Communication No. 09-756)
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, #14,904. Motion Carried 7-0. |
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47. Amending Chapter 114 of the
Municipal Code regarding traffic regulation changes as follows: (Council Communication
No. 09-742) Moved by Meyer that this ordinance be considered and given first
vote for passage. Motion Carried 7-0. |
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(A) Installation of metered parking spaces on E. Grand Avenue near E. 2nd Street. |
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(B) Code revisions to incorporate traffic regulations for streets in annexation areas. |
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(C) Request to allow parking adjacent to 2134 E. Grand Avenue. |
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(D) Final consideration of ordinance above.
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, #14,905. Motion Carried 7-0. |
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WITHDRAWN |
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48. |
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49. From Chet Guinn to speak regarding a
citizens’ proposal to beautify the Peace Garden in Nollen Plaza.
Moved by Hensley to receive and file comments; refer to City Manager
to coordinate meetings with all stakeholders and come back to Council on
December 7, 2009 with a recommendation.
Motion Carried 7-0. |
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50. From Arthur McCarthy, 2411 24th
Street, Apt #5, to speak regarding Hickman Pub, 2335 Hickman.
Moved by Vlassis to receive and file comments; refer to City Manager,
Legal and Police Department for review and recommendation prior to the
November 23, 2009 Council meeting.
Motion Carried 7-0. |
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WITHDRAWN |
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51. |
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52. On
vacation and conveyance of segment of SE 28th Street, north of E.
Market Street to Greenstar Mid-America, LLC for $900. (Council Communication No. 09-746) Moved by Meyer to adopt. Motion Carried 7-0. |
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(A) First consideration of ordinance above.
Moved by Meyer 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 applicant), requires six 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, #14,906.
Motion Carried 7-0. |
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53. On
vacation and conveyance of the north/south alley adjoining 101 SW 5th
Street to Rumely Lofts Limited Partnership for $13,959 and to continue to
November 9, 2009 at 5:00 PM. (Council Communication No. 09-747) Moved by Hensley to continue the public
hearing until November 9, 2009 at 5:00 PM in the Council Chambers. Motion Carried 7-0. |
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54. On
conveyance of an encroachment easement to allow for encroachment of existing
building and improvements at 514 Foster Drive to Geoffrey J. Ingram, Trustee
of Earl J. Ingram Revocable Management Trust, $2,060. (Council Communication No. 09-745) Moved by Hensley to adopt. Motion Carried 7-0. |
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55. On
request from George Clayton to rezone 2218 E. 9th Street from
“C-1” (Neighborhood Retail Commercial) to Ltd. “C-2” (General Retail and
Highway Oriented Commercial) to allow for use of garage for general motor
vehicle repair. (Plan and Zoning Commission recommends DENIAL). Moved by Mahaffey to DENY. Motion Carried 7-0. |
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56. On
First Amendment to Operating Agreement and Terminal Lease with Delta
Airlines, Inc. at the Des Moines International Airport. (Council Communication No. 09-762) Moved by Hensley to adopt. Motion Carried 6-1. Absent: Coleman. |
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*** END HEARINGS AT 5:37 PM *** |
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WITHDRAWN |
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57. |
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58. Proposal
from Creative Outdoor Advertising (COA) to provide a bus bench/street side
amenities program on the streets of Des Moines that are served by public
transit. (Council Communication No. 09-755) Moved by Vlassis to adopt; refer to City
Manager to bring back a contract for Council approval. Motion Carried 7-0. |
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59. Letter
of consent for the Army Corps of Engineers to apply to the Secretary of the
Interior to designate the Des Moines River Water Trail as a National
Recreational Trail. (Council Communication No. 09-761) Moved by Hensley to approve. Motion Carried 7-0. |
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EXTRA ITEMS |
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1. Communication from Fran
Koontz advising of her resignation from the Plan and Zoning Commission, Seat
11, effective immediately. Sponsor:
Mahaffey. Moved by Mahaffey to receive, file and
accept resignation with appreciation for her service. Motion Carried 7-0. |
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(A) Recommendation from
Council Member Bob Mahaffey to appoint
William Page to the Plan and Zoning Commission, Seat 11, for a five-year term
commencing July 1, 2006 to expire July 1, 2011. Moved by Mahaffey to
adopt. Motion Carried 7-0. |
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2. Communication from Jeff
Wagner, Manager, Blues on Grand, requesting to speak regarding downtown
parking. Sponsor: Hensley.
Moved by Hensley to receive and file comments, and refer to City
Manager, Traffic and Transportation and Police Department to work on
immediate remedy of parking situation and a long-term permanent
solution. 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. Authorizing the Legal Department to proceed with court action seeking authority to abate the public nuisance at the following locations: |
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(A) 1712 Capitol Avenue,
main structure and garage structure, Titleholder: Adair Holdings, LLC.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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(B) 1012 SE 10th
Street, main structure and accessory structure, Titleholders: Donald H.
Howe (deceased) and Joyce A. Howe. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) 4315 SE 14th
Street, Unit 5, Unit 8, Unit 10, and Unit 15, four main structures
(mobile homes), Titleholders: Harold Rogers, Phyllis Rogers, and Harold
Rogers and Phyllis Rogers d/b/a P & H Properties. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(D) 625 42nd
Street, main structure and garage structure, Titleholder: LDF
Development, LLC; Mortgage Holders:
Kramer Mortgage Company, LC and U.S. Bank, National Association.
Moved by Vlassis to adopt.
Motion Carried 7-0. |
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MOTION TO ADJOURN. Moved by Vlassis to adjourn at 6:00
PM. Motion Carried 7-0. |
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