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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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November 9, 2009 4:30 P.M. |
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Friends of Des Moines Parks – Check Presentation |
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Hunger and Homeless Awareness Week |
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National Geographic Information System Day |
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INVOCATION: Pastor Carol Archer |
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College Avenue Christian Church |
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4440 College Avenue |
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1. ROLL CALL: Present:
Cownie, Coleman, Hensley,
Mahaffey and Meyer. Absent: Vlassis
and Kiernan. Council Member Vlassis
entered the meeting during item 3. |
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2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
Moved by Hensley to adopt. Motion Carried 5-2. |
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3. APPROVING CONSENT AGENDA – items 3 through 41:
Moved by Hensley to adopt the balance of the Consent Agenda. Motion Carried 6-1. |
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4. Approving Alcoholic Beverage License Applications for the
following: Moved by Hensley to adopt. Motion Carried
6-1. |
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NEW APPLICATIONS |
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(A) EL SIETE MARES MEXICAN 2811 SE 14TH ST B Beer |
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(B) HY VEE WINE SHOP 730 3RD ST C Beer |
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(C) J & J PIZZA PUB 1246 E 14TH ST C Liquor |
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RENEWAL APPLICATIONS |
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(E) BIANCHIS HILLTOP 2820 HUBBELL C Liquor |
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(F) GIT N GO STORE #6 5736 FRANKLIN C Beer |
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(G) HIGH LIFE LOUNGE 200 SW 2ND ST C Liquor |
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(H) HY VEE GAS #4 4701 FLEUR DR C Beer |
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(I) JEANNIES BOTTLE 3839 MERLE
HAY C Liquor |
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(J) MIYABI 9 512 E GRAND AVE C Beer/Wine |
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(K) PALMERS PUB 1030 E 9TH ST C Liquor |
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(L) PARK AVENUE PUB 1101 PARK AVE C Liquor |
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(M) ROYAL MILE 210 4TH ST C Liquor |
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(N) RUSTYS 2565 WEDGEWOOD C Liquor |
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(O) ZIMMS 3124
INGERSOLL C Liquor |
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5. City Clerk to issue Coin Operated Machine Licenses.
Moved by Hensley to adopt. Motion Carried 6-1. |
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6. Ordering construction of the following: |
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WITHDRAWN |
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(A) |
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(B) Army Post Road Widening – SW 9th Street to SE 5th
Street: Receiving of bids, (11-17-09),
and Setting date of hearing, (12-7-09).
(Construction Estimate - $2,072,906.75). (Council Communication No. 09-785) Moved by Hensley to adopt. Motion
Carried 6-1. |
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7. Approving Professional Services Agreement with Shuck-Britson,
Inc. for Principal Park Facility Assessment, not to exceed $32,000. (Council Communication No. 09-778) Moved by Hensley to adopt. Motion
Carried 6-1. |
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8. Approving Change Order No. 3 with Truesdell Corporation of
Wisconsin, Inc. for Fleur Drive Bridge over Raccoon River Rehabilitation, not
to exceed $103,764.51. (Council Communication No. 09-777) Moved by Hensley to adopt. Motion
Carried 6-1. |
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9. Approving Iowa Department of Transportation (IDOT) Change Order
No. 22 to Ingersoll Run Phase 2 Storm Sewer Outlet, not to exceed
$41,480.07. (Council Communication No. 09-775) Moved by Hensley to adopt. Motion
Carried 6-1. |
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10. Approving completion and acceptance of the Private Construction
Contract for paving improvements, E. 4th Street from E. Grand
Avenue to Des Moines Street between Eco-Tech Construction, LLC and Nelson
Development 15, LLC. Moved by Hensley to adopt. Motion Carried 6-1. |
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11. Accepting completed construction and approving final payment for the following: |
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(A) Baker Electric Inc., - E. 29th
Street and Hubbell Avenue Traffic Signal Upgrade. Moved by Hensley to adopt.
Motion Carried 6-1. |
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(B) OMG Midwest, Inc. d/b/a Des Moines
Asphalt & Paving – Fleur Drive/Blue Street Resurfacing – Beardsley Street
to SW 9th Street. Moved by Hensley to adopt. Motion Carried
6-1. |
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(C) C.A.C., Inc. – American Discovery Trail
Wetlands Mitigation. Moved by Hensley to adopt. Motion Carried
6-1. |
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12. Levying assessments for costs of Nuisance Abatement – NAC Emergency Orders for the following: |
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(A) Schedule No. 2009-18 (Public Works).
Moved by Hensley to adopt. Motion Carried 6-1. |
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(B) Schedule No. 2009-19 (Community
Development). Moved by Hensley to adopt. Motion Carried
6-1. |
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13. Authorizing and approving release of
easement from storm sewer right-of-way and accepting replacement easement for
storm sewer right-of-way for property at 2810 35th Street.
Moved by Hensley to adopt. Motion Carried 6-1. |
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14. Authorizing and approving conditional
assignment of lease for building encroachment on a portion of City-owned
property at 1249 McKinley Avenue. Moved by Hensley to adopt. Motion Carried
6-1. |
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15. Approving release of easement for
crossing of street maintenance equipment on property at 301 SW 14th
Street. Moved by Hensley to adopt. Motion Carried
6-1. |
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16. Approving 80 Tax Abatement
Applications for the additional value added by improvements completed during
2009. (Council Communication
No. 09-779) Moved by Hensley to adopt. Motion Carried 6-1. |
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17. Approving Tax Abatement Application
for 3614 Park Side Drive for the additional value added by improvements
completed during 2007. (Council Communication
No. 09-767) Moved by Hensley to adopt,
and to request that the Polk County Assessor apply the tax abatement
retroactively to the extent possible as if the application had been timely
forwarded by the City to the Assessor prior to March 1, 2008. Motion Carried
6-1. |
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18. Authorization to proceed with acquisition
of necessary right-of-way and easements for the E. 33rd Street and
Easton Boulevard Intersection Improvements Project. (Council Communication
No. 09-783) Moved by Hensley to adopt. Motion Carried 6-1. |
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19. On conveyance of City-owned
property adjoining 1404 Emma Avenue to Nicholas P. Tursi, $100, (11-23-09).
Moved by Hensley to adopt. Motion Carried 6-1. |
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20. On corrected conveyance of
segment of east/west alley running west of Martin Luther King Jr. Parkway
between Washington and Mondamin Avenue to Frederick Robert Hews, (11-23-09). Moved
by Hensley to adopt. Motion Carried 6-1. |
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21. Approving payment of
$1,964.70 to Peddicord, Wharton, Spencer, Hook, Barron & Wegman, L.L.P.
for representation of Police Officer Mersed Dautovic. Moved by Hensley to adopt.
Motion Carried 6-1. |
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22. Approving payment of
$41,498.67 to Trust Account of Lawyer, Daugherty, Palmer and Flansburg,
attorneys for Bruce Buldhaupt for final and binding judgment against the City
of Des Moines. Moved by Hensley to adopt. Motion Carried
6-1. |
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23. Approving increasing the
amount of authorization for employment of Hall & Associates to provide
services related to the Combined Sewer Overflow and NPDES Permit for the
Wastewater Reclamation Facility by an additional $25,000 and payment of
$11,361.13. Moved by Hensley to adopt. Motion Carried
6-1. |
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24. Approving payment for workers’ compensations claims to the following: |
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(A) Justin Maschke,
$22,972.22. Moved by Hensley to adopt. Motion Carried
6-1. |
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(B) Brian McKenzie, $23,821.36. Moved
by Hensley to adopt. Motion Carried 6-1. |
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(C) Michelle Mills and her
attorney, Tom Werner, $168,054.37. Moved by Hensley to adopt. Motion Carried
6-1. |
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(D) Kevin Strawn, $9,741.26.
Moved by Hensley to adopt. Motion Carried 6-1. |
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25. Assignment and Assumption
of Claims Agreement with Elder Corporation for damage to Cownie Soccer
Fields. Moved by Hensley to adopt. Motion Carried
6-1. |
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26. 2008
Supportive Housing Program (SHP) Renewal Grant Agreements with the United
States Department of Housing and Urban Development (HUD). (Council Communication No. 09-766) Moved by Hensley to adopt. Motion
Carried 6-1. |
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27. Publication
of the notice to the public of Finding of No Significant Impact on the
Environment for funds from the Iowa Department of Economic Development from
the Consolidated Security, Disaster Assistance, and Continuing Appropriations
Act of 2009. (Council Communication No. 09-772) Moved by Hensley to adopt. Motion
Carried 6-1. |
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28. Execution
of Addendum to Agreement with Polk County Housing Trust Fund to include an
additional $8,335 for the Owner-Occupied Lead Remediation Program. (Council Communication No. 09-793) Moved by Hensley to adopt. Motion
Carried 6-1. |
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29. Template
format of Lien and Mortgage documents to be used within the City of Des
Moines Jumpstart Housing Assistance Program.
(Council Communication No. 09-794) Moved by Hensley to approve. Motion
Carried 6-1. |
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30. Memorandum
of Agreement (MOA) with the Iowa State Historic Preservation Office (SHPO),
Hatch Development Group and Robert W. McCammon for the MLK Brickstone project
regarding removal of structure at 1039 19th Street. (Council Communication No. 09-799) Moved by Hensley to adopt. Motion
Carried 6-1. |
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31. Amendment
to the Schedule of Administrative Penalties to provide the civil penalty
amounts for violation of the Automated Traffic Enforcement Ordinance. (Council Communication No. 09-800) Moved by Hensley to adopt. Motion
Carried 6-1. |
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32. Applications by Hubbell Terminal Corporation to the Iowa Department of Economic Development for the following: (Council Communication No. 09-798) |
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(A) Brownfield Redevelopment Program. Moved by Hensley to adopt.
Motion Carried 6-1. |
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(B) Brownfield Redevelopment Tax Credits.
Moved by Hensley to adopt. Motion Carried 6-1. |
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33. Gannett
Satellite Information Network (GANSAT), Inc. application to the Iowa
Department of Economic Development for enterprise zone benefits regarding a
project in the Gateway Enterprise Zone.
(Council Communication No. 09-797) Moved by Hensley to approve. Motion
Carried 6-1. |
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34. Grant
Agreement with Iowa Homeland Security Emergency Management (HLSEM) to
administer funds for 20 county area referred to as Law Enforcement
Intelligence Network (LEIN) Region 5 from April 1, 2009 through May 31,
2011. (Council Communication No. 09-774) Moved by Hensley to approve. Motion
Carried 6-1. |
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35. Contract
with RCC Consultants Incorporated (Mike Hunter, President, Tallahassee,
Florida) to serve as the Public Safety Radio Interoperability consultant in completion of Phase 2 of Metro Interoperability
Communications System, $85,348. (Council Communication No. 09-786) Moved by Hensley to adopt. Motion
Carried 6-1. |
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36. Thirty
(30)-day suspension of Cigarette Permit for Kum & Go #552, 4944 Douglas
Avenue, for violation of Iowa’s cigarette laws (sales to minor).
Moved by Hensley to adopt. Motion Carried 6-1. |
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37. Initiating
proposal to name a portion of US Highway 69 extending north from E. County
Line Road to where it converges with SE 14th Street as “Southridge
Boulevard”. (Council Communication No. 09-773) Moved by Hensley to adopt. Motion
Carried 6-1. |
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38. Use
of various City facilities as poll sites for the City Run-Off Election to be
held on December 1, 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 6-1. |
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39. Bids from the following: |
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(A) Ahura Scientific, Inc. (Daryoosh Vakshoori,
President) for one handheld chemical detector to match existing equipment and
technology for use by the Bomb Squad and the Fire Department Hazardous
Materials Team, $39,000. (Council Communication No. 09-790) Moved by Hensley to adopt. Motion
Carried 6-1. |
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(B) ICOR Technology (Hany Guirguis, President) for
one bomb disposal robot for use by the Bomb Squad, $67,384.35. (Council Communication No. 09-788) Moved by Hensley to adopt. Motion
Carried 6-1. |
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(C) Smiths Detection (Stephen Phipson, President) for
portable gas and vapor identifier equipment per State of Iowa Contract for
use by the Bomb Squad and the Fire Department Hazardous Materials Team,
$64,606. (Council Communication No. 09-789) Moved by Hensley to adopt. Motion
Carried 6-1. |
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40. Civil
Service Promotional List for Senior Housing Case Manager. Moved by Hensley to receive
and file. Motion Carried 6-1. |
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41. Authorizing
Finance Director to draw checks on registers for the weeks of November 9 and
November 16, 2009; to draw checks for bills of the Des Moines Municipal
Housing Agency for the weeks of November 9 and November 16, 2009; and to draw
checks for bi-weekly payroll due November 20, 2009. Moved by Hensley to adopt. Motion Carried 6-1. |
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*
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* * END CONSENT AGENDA *
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WITHDRAWN |
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42. |
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43. From Una Ray, 1315 E. 16th
Street, to speak regarding Handy Man service for the community.
Moved by Hensley to receive and file comments; refer to the City
Manager to follow-up with Ms. Ray.
Motion Carried 6-1. |
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44. From Terry Wells, 1157 14th
Place, to speak regarding matters of the Central Iowa Services Shelter (CISS)
and the homeless in the Des Moines area. Moved by Vlassis to receive and file
comments; refer to the City Manager for review and recommendation. Motion
Carried 6-1. |
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45. On
Application for Certificate of Public Convenience and Necessity to operate
limousine services for Michael G. Marks d/b/a Marks Limousine Service. (Council Communication No. 09-780) Moved by Hensley to adopt. Motion
Carried 6-1. |
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46. On
vacation and conveyance of the north/south alley adjoining 101 SW 5th
Street to Rumely Lofts Limited Partnership, $13,959. (continued from
10-26-09) (Council Communication No. 09-782) Moved by Hensley to adopt. Motion
Carried 6-1. |
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(A) First consideration of ordinance above.
Moved by Hensley that this ordinance be considered and given first
vote for passage. Motion Carried 6-1. |
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(B) Final consideration of ordinance above (requested by
Sherman Associates), requires six 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, #14,907. Motion Carried 6-1. |
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47. 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.
(Plan and Zoning Commission recommends DENIAL) Moved by Mahaffey to deny.
Motion Carried 6-1. |
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(A) Amend 2020 Community Character Plan future land
designation from Commercial: Auto-Oriented Small-Scale Strip Development to
General Industrial. (Plan and Zoning Commission recommends DENIAL)
Moved by Mahaffey to deny the proposed amendment. Motion Carried 6-1. |
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48. 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. Moved by Meyer to adopt and approve the
rezoning subject to final passage of the rezoning ordinance with two
conditions: 1. If the business closes, the City Council will initiate
rezoning. 2. A neighborhood meeting is to be held after the business has been
open for 3 months, to address any issues. Motion Carried 6-1. |
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(A) Amend the 2020 Community Character Plan future land
use designation from Low-Density Residential to Commercial:
Pedestrian-Oriented Neighborhood Node. Moved by Meyer to adopt and approve the
proposed amendment. Motion Carried
6-1. |
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(B) Letter and petitions in support. Moved by Meyer to receive and
file. Motion Carried 6-1. |
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(C) Petition in opposition. Moved by Meyer to receive and
file. Motion Carried 6-1. |
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(D) First consideration of ordinance above.
Moved by Meyer that this ordinance be considered and given first vote
for passage. Motion Carried 6-1. |
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(E) Final consideration of ordinance above,
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, #14,908.
Motion Carried 6-1. |
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49. 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. (Council Communication No. 09-776) Moved by Hensley to adopt and approve,
subject to final passage of the enacting ordinance. Motion Carried 6-1. |
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(A) First consideration of ordinance above.
Moved by Hensley that this ordinance be considered and given first
vote for passage. Motion Carried 6-1. |
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(B) Final consideration of ordinance above (waiver
requested by Community Development Director), requires six 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,
#14,909. Motion Carried 6-1. |
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50. On
proposed First (2010) Year Action Plan of the 2010-2014 U.S. Department of
Housing and Urban Development (HUD) Consolidated Plan. (Council Communication No. 09-771) Moved by Hensley to adopt the following:
1. Approve the City Manager’s recommendations for 2010, with an amendment to
allocate an additional $10,000 to the Drake Neighborhood Historic Survey and
reduce the funding in the NIRP Program. 2. Allow discussion with NRB, United
Way and others regarding the process for future years, and come back at the
December 21st Council meeting with a recommendation. 3. City
Manager to provide recommendations for implementation of necessary policy
changes and procedures. 4. Share Council’s intent to reduce future funding
for agencies, and ask the agencies to provide their plans for the reductions. Motion Carried 6-1. |
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(A) Approving comprehensive strategy environmental review
record, Publication of Notice on Finding of No Significant Impact on the
Environment and of intent to request release of funds. Moved by Hensley to
adopt. Motion Carried 6-1. |
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(B) Communication from Neighborhood Revitalization Board.
Moved by Hensley to receive and file. Motion Carried 6-1. |
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51. On
intent to acquire agricultural property and authorize acquisition of the
necessary property interests at the northeast corner of Army Post Road and E.
Indianola Avenue from Lemar Koethe for the E. Army Post Trunk Sanitary Sewer
Project. (Council Communication No. 09-781) Moved by Hensley to adopt. Motion
Carried 6-1. |
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52. On
2009 Sewer Repair Contract 2: 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), $329,808.70. (Council Communication No. 09-792) Moved by Vlassis to adopt. Motion
Carried 6-1. |
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(A) Approval of contract and bond, and permission to
sublet. Moved by Vlassis to adopt. Motion Carried
6-1. |
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53. On
Livingston Avenue Storm Sewer Televising:
Resolution approving plans, specifications, form of contract
documents, engineer’s estimate and designating lowest responsible bidder as
Priority Excavating LLC, (Toby Torstenson, President), $251,000. (Council Communication No. 09-796) Moved by Meyer to adopt. Motion Carried
6-1. |
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(A) Approval of contract and bond, and permission to
sublet. Moved by Meyer to adopt. Motion Carried
6-1. |
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54. On
Police Academy HVAC Upgrade:
Resolution approving plans, specifications, form of contract
documents, engineer’s estimate and designating lowest responsible bidder as
Brockway Mechanical & Roofing Company, Inc., (Mark J. Brockway, President
& CEO), $92,470. (Council Communication No. 09-791) Moved by Meyer to adopt. Motion Carried
6-1. |
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(A) Approval of contract and bond, and permission to
sublet. Moved by Meyer to adopt. Motion Carried
6-1. |
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**END HEARINGS AT 6:35 P.M.** |
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APPROVING |
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55. Establishing fair market
value and authorizing voluntary acquisition of property at 4315 SE 14th
Street from Phyllis and Harold Rogers for the SE 14th Street and
Army Post Road Revitalization Project, $210,000. (Council
Communication No. 09-784) Moved by Meyer to adopt. Motion Carried
6-1. |
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56. Consideration of appeal by Crow’s Auto Service, Inc. on Finance Director’s decision to award impound towing and storage contract bid to G & S Service, Inc. and award of bid to the following: |
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(A) ALTERNATE 1 – Accepting
Finance Director’s decision on appeal of bid award recommendation for impound
towing and storage contract to G & S Service, Inc. and approving award of
contract to G & S Service, Inc. (Council
Communication No. 09-795) Moved by Mahaffey to adopt; refer to the
City Manager to monitor performance measures and complaints, and to provide a
report prior to renewal of the contract.
Any serious issues will come to Council immediately. Motion Carried 5-1-1. Nays: Vlassis. Absent: Kiernan. |
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WITHDRAWN |
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(B) |
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MOTION TO ADJOURN.
Moved by Coleman to adjourn at 7:30 PM. Motion Carried 6-1. |
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All-America City |
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1949 1976 1981 2003 |
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