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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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December 21, 2009 |
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City Hall, 2nd Floor |
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400 Robert D. Ray Drive |
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Reception - 3:00 – 4:00 PM |
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for |
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Michael Kiernan, Council Member At-Large |
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Tom Vlassis, Ward I Council Member |
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National Homeless Persons’ Memorial Day |
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Universal Hour of Peace |
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Des Moines Fire Department Certificate of Appreciation Awards – |
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Police Officers Eric Wilson, Jamie Vanderwert and Vic Gamboa |
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Melbourne resident Gary Fricke |
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INVOCATION: Council Member Christine Hensley |
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1. ROLL CALL: (4:30 PM) 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 37:
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. Motion Carried 7-0. |
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NEW APPLICATIONS |
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(A) LICKER ROOM 2301 SW 9TH ST C Liquor |
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(B) SUPER QUICK 2 1824 HUBBELL
AVE E Liquor |
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(C) UNIVERSITY GROCERIES II 1621
UNIVERSITY E Liquor |
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RENEWAL APPLICATIONS |
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(D) 801 STEAK AND CHOP HOUSE 801 GRAND AVE C Liquor |
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(E) A DONG RESTAURANT 1511 HIGH ST C Beer/Wine |
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(F) ALL PLAY 615 3RD ST C Liquor |
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(G) CHRISTOPHERS 2816 BEAVER
AVE C Liquor |
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(H) CIVIC CENTER 1011 LOCUST
ST C Liquor |
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(I) DAHLS FOODS 1819 BEAVER
AVE E Liquor |
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(J) DAHLS FOODS 1320 E EUCLID AVE E Liquor |
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(K) DES MOINES CLUB 666 GRAND AVE A Liquor |
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(L) DES MOINES EMBASSY CLUB 1000 GRAND AVE C Beer/Wine |
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(M) EL RANCHO ALEGRE 3308 INDIANOLA B Beer |
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(N) EMBASSY CLUB 801 GRAND AVE A Liquor |
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(O) EMBASSY CLUB 1011 LOCUST
ST C Liquor |
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(P) EMBASSY CLUB 801 GRAND AVE B Wine |
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(Q) GIT N GO STORE #2 1307 ARMY
POST RD C Beer |
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(R) JOHNNY MACS BAR &
GRILL 2279 HUBBELL AVE C Liquor |
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(S) KUM & GO #208 3200 SE 14TH ST C Beer |
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(T) KUM & GO #2722 2211
UNIVERSITY C Beer |
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(U) KUM & GO #2731 3104
UNIVERSITY C Beer |
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(V) LA TAPATIA 1440 DES MOINES ST C Beer |
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(W) LA TAPATIA III 4007 SE 13TH ST C Beer |
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(X) MEZZODIS 4519 FLEUR DR C Liquor |
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(Y) NADRY INC 2701
INGERSOLL C Beer |
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(Z) NOW OR LATER RESTAURANT 3750 E UNIVERSITY C Liquor |
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(AA) SUPER SAVINGS 806 SE 14TH ST C Beer |
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(BB) SUPER SAVINGS 3733 EASTON
BLVD C Beer |
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(CC) TAVERN SOUTH 1106 ARMY
POST RD C Beer/Wine |
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(DD) TEQUILA MEXICAN 2824 EASTON
BLVD C Liquor |
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SPECIAL EVENTS APPLICATIONS |
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(EE) LAO AMERICAN ASSOC 3000 E GRAND AVE Five-Day License |
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Class B Beer License with on premise wine for an
event on December 31, 2009. |
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4-I Approving temporary transfer of Special Class C Beer\Wine
License for Nut Pob Restaurant at 3322 Indianola Avenue to
3000 E. Grand Avenue, Walnut Center, for an event on December 26, 2009. Sponsor: Council Member Meyer.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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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. Accepting completed construction and approving final payment for the following: |
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(A) 21st
Street and Carpenter Avenue Storm Sewer
Improvements, Reilly Construction Co., Inc. Moved by Hensley to
adopt. Motion Carried 7-0. |
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(B) Hickman Road resurfacing – 30th Street to Merle Hay
Rd., Des Moines Asphalt & Paving Co. Moved by Hensley to adopt. Motion Carried 7-0. |
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(C) 15th
Street Widening Locust Street to Ingersoll
Avenue, The Underground Company, Ltd. Moved by Hensley to adopt. Motion Carried 7-0. |
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(D) Cownie Soccer Fields Improvements – Phase 1, Smith Seeding,
Inc.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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(E) 42nd
Street and Kingman Blvd. Widening and
Signalization, Grimes Asphalt & Paving Corp. Moved by Hensley to
adopt. Motion Carried 7-0. |
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(F) 2008
Sewer Televising Program, American Hydro
Services Inc. Moved by Hensley to adopt. Motion Carried 7-0. |
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8. Levying assessments for costs of Nuisance Abatement – NAC
Emergency Orders (Community Development) Schedule No. 2009-21.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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9. Levying assessments for fees, fines, penalties, costs and
interest imposed in the enforcement of the Neighborhood Inspection Rental
Code – Schedule No. 2009-04. Moved by Hensley to adopt. Motion Carried 7-0. |
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10. Approving deletion of NAC-Emergency Assessment at 913 Penn
Avenue. Moved by Hensley to adopt. Motion Carried 7-0. |
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11. Approving deletion of rental inspection assessments at various
locations. Moved by Hensley to adopt. Motion Carried 7-0. |
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12. Approving Tax Abatement Applications
(69) for additional value added by improvements made during 2009. (Council Communication
No. 09-887) Moved by Hensley to
adopt. Motion Carried 7-0. |
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13. Approving appointments of
regular and alternate members to the Metropolitan Planning Organization
(MPO).
Moved by Hensley to adopt.
Motion Carried 7-0. |
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14. On proposed renaming of a segment
of US Highway 69, extending north from E. County Line Rd. to where it
converges with SE 14th Street, as Southridge Boulevard, (1-11-10).
Moved by Hensley to adopt.
Motion Carried 7-0. |
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15. On request from Rich Eychaner to
rezone 3814, 3822 & 3826 57th Street from “R1-60” (One-Family
Low-Density Residential) to Ltd. “C-2” (General Retail and Highway Oriented
Commercial) to allow redevelopment for a commercial center and associated
loading and off-street parking areas, (1-11-10). Moved by Hensley to
adopt. Motion Carried 7-0. |
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16. On issuance of Refunding Capital Loan Notes
for the following, (1-11-10): (Council Communication No. 09-896) |
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(A) $17,500,000 Public Parking System Revenue,
Series 2010 D. Moved by Hensley to adopt. Motion Carried 7-0. |
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(B) $26,000,000 General Obligation, Series
2010C.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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17. Approving payment of
$16,528.87 to Belin McCormick Law Firm in conjunction with Kragnes v. City of
Des Moines, Iowa. Moved by Hensley to adopt. Motion Carried 7-0. |
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18. Approving payment of workers’ compensation claims to the following: |
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(A) Sally Woodard, $166,788.48.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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(B) Albert Oswald,
$6,733.29. Moved by Hensley to adopt. Motion Carried 7-0. |
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(C) Sharon Neff,
$10,132.75. Moved by Hensley to adopt. Motion Carried 7-0. |
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(D) Gary Reynolds, $57,148.70.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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19. Approving payment of
$21,000 to Dale Bingaman for a claim as the result of an automobile accident.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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CITY MANAGER COMMUNICATIONS |
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20. Regarding the designation of NE
Hubbell Avenue Corridor Area as an Urban Renewal Area and Tax Increment
Financing (TIF) district, and the preparation of an Urban Renewal Plan for
such area to finance needed public improvements and to facilitate
redevelopment of the area. (Council Communication
No. 09-881) Moved by Hensley to receive and file the Council Communication and
to authorize the City Manager to prepare an Urban Renewal Plan and related
information and documents in general accordance with the Council
Communication. Motion Carried 7-0. |
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21. Approving travel and training
requests for Brent Curtis and Kenneth Robinson. (Council Communication
No. 09-889) Moved by Hensley to adopt.
Motion Carried 7-0. |
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22. Fiscal Year 2007 Continuum Of Care (COC) Closeout Certification Documents for the following: |
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(A) West Des Moines Transitional Housing Program and
YMCA Transitional Housing Program. Moved by Hensley to adopt. Motion Carried 7-0. |
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(B) Street Outreach Team and Enhancement Projects.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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23. New
2008 Supportive Housing Program (SHP) Grant Agreement with the United States
Department of Housing and Urban Development (HUD). (Council Communication No. 09-869) Moved by Hensley to adopt. Motion Carried 7-0. |
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24. Support and preliminary commitment of Home Funds on Applications to Iowa Finance Authority (IFA) of Low-Income Housing Tax Credits (LIHTC) on new construction for the following: (Council Communication No. 09-888) |
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(A) Christ the King, LLC – 28 units of low-income
senior housing at 5601 SW 9th Street. Moved by Hensley to adopt,
and refer to the City Manager to work with other interested parties to
perform a Market Study of Downtown housing.
Motion Carried 7-0. |
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(B) Akers Holding, L.L.C. – 30 units of low-income
senior housing between 5th and 6th on SW Army Post
Road.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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(C) Eastern Mounds Housing, LLLP – 38 units of
low-income senior housing at E. 40th Street and Dubuque Avenue.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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(D) Curly Top, LLC – 40 units of low-income senior
housing at 1900 SE 6th Street. Moved by Hensley to adopt. Motion Carried 7-0. |
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(E) Olive Street Brickstone, LLP – 20 units of
low-income family housing at 18th Street and Olive Avenue.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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25. Christ
the King Housing Services Application for Enterprise Zone Benefits for a
housing project in the McKinley Avenue - SW 9th- Army Post Road
Enterprise Zone. (Council Communication No. 09-883) Moved by Hensley to adopt. Motion Carried 7-0. |
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26. Amendment
to Neighborhood Stabilization Program (NSP) Plan to provide acquisition and
rehabilitation financing for developers who acquire and rehabilitate
foreclosed and abandoned properties. (Council Communication No. 09-876) Moved by Hensley to adopt. Motion Carried 7-0. |
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27. First
Amendment to Supplemental 28E Agreement with Neighborhood Finance Corporation
(NFC). (Council Communication No. 09-871) Moved by Hensley to adopt. Motion Carried 7-0. |
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28. Form
of Agreement with Developers regarding Thrivent Below Market Rate Purchase
and Construction Financing Program to allow use of grant funds by housing
developers to purchase property for rehabilitation or new construction in the
Thrivent Neighborhoods. (Council Communication No. 09-870) Moved by Hensley to approve. Motion Carried 7-0. |
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29. Issuance of Certificate of Completion for the following: |
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(A) Doll Distributing LLC for improvements in the
Guthrie Avenue Urban Renewal Area. (Council Communication No. 09-884) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(B) Central Wire & Iron for a project in the Guthrie
Avenue Urban Renewal Area and authorizing payment of economic
assistance. (Council Communication No. 09-882) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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(C) 1717 Ingersoll, L.L.C. for improvements in the
Metro Center Urban Renewal Area and authorizing payment of economic
assistance. (Council Communication No. 09-886) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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30. Parking
License Agreement with Wells Fargo Financial, Inc. for parking spaces in the
Eighth and Mulberry Parking Garage. (Council Communication No. 09-877) Moved by Hensley to adopt. Motion Carried 7-0. |
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31. Amendment
No. 1 to grant agreement with Iowa Department of Transportation for Fiscal
Year 2010 Commercial Service Vertical Infrastructure Fund reducing the amount
by 10 percent. (Council Communication No. 09-868) Moved by Hensley to adopt. Motion Carried 7-0. |
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32. Issuance
of a Request for Proposals for Emergency Power Generation Equipment and
services standardization for the Stormwater, Sanitary and WRA Pump Station
Facilities. (Council Communication No. 09-897) Moved by Hensley to adopt. Motion
Carried 7-0. |
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33. Selection
of Holmes Murphy and Associates to conduct a Request for Proposals (RFP) for
employee health and dental insurance and flexible spending account
administration for FY2011. (Council Communication No. 09-874) Moved by Hensley to adopt. Motion Carried 7-0. |
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34. Placement
of temporary banner on Veterans’ Memorial Auditorium. (Council Communication No. 09-891) Moved by Hensley to adopt. Motion Carried 7-0. |
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35. Bids for the following: |
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(A) Allen Vanguard Technologies Inc. (David Luxton,
Founder, CEO, President and Executive Director) for eight (8) Universal Blast
and Chemical/Biological/Radiological Containment Systems for Iowa’s Explosive
Ordnance Disposal (EOD) Task Force Teams, one of which will be retained by
the City’s Bomb Squad, to be used by the Police Department, $249,113.44. (Council Communication No. 09-893) Moved by Hensley to adopt. Motion Carried 7-0. |
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(B) CeoTronics, Inc. (Thomas H. Gunther, Chairman and CEO)
for eight (8) Digital Wireless Bomb Suit Communications Systems for Iowa’s
Explosive Ordnance Disposal (EOD) Task Force Teams, one of which will be
retained by the City’s Bomb Squad, to be used by the Police Department,
$221,112. (Council Communication No. 09-894) Moved by Hensley to adopt. Motion Carried 7-0. |
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(C) GBA (George Butler & Associates) Master
Series, Inc. (Don Pinkston Jr., President) for annual software maintenance
and support for existing Sewer Infrastructure Management System (SIMS) to be
used by the Public Works Department, $26,640.
(Council Communication No. 09-872) Moved by Hensley to adopt. Motion Carried 7-0. |
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(D) iRobot Corporation (Colin Angle, Chairman of the
Board, CEO and Co-Founder) for six (6) Tactical Surveillance Robotics
Platforms with integrated MultiRae Gas Detection Systems for Iowa’s WMD
Tactical (SWAT) Task Force Teams, one of which will be retained by the Des
Moines Metro STAR Tactical Team, to be used by the Police Department,
$349,985. (Council Communication No. 09-892) Moved by Hensley to adopt. Motion Carried 7-0. |
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36. Authorizing
Finance Director to draw checks on registers for the weeks of December 21,
December 29, 2009 and January 4, 2010; to draw
checks for bills of the Des
Moines Municipal Housing Agency for the weeks of December 21, 2009 and
January 4, 2010; and to draw checks for bi-weekly payroll due December 31,
2009.
Moved by Hensley to adopt.
Motion Carried 7-0. |
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37. Amending Chapter 74 of the
Municipal Code regarding fees for use of Western Gateway Park.
Moved by Hensley that this ordinance be considered and given second
vote for passage. Motion Carried 7-0. |
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*
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* * END CONSENT AGENDA *
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38. Approving City Manager
recommendation on redevelopment proposal for 801 University Avenue, (former
Top Value Foods). (Council Communication
No. 09-890) Moved by Vlassis to receive and file,
and to direct the City Manager to proceed with the negotiation of a contract
with the preferred redeveloper for the disposition and redevelopment of the
property upon terms consistent with the Letter of Intent to Redevelop
Property and the recommendation set forth in the accompanying Council
Communication; refer to the City Manager to work with the other developer to
find alternate locations for their project.
Motion Carried 7-0. |
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39. From David Costello, 1105 Orchard
Lane, to speak regarding the response from our city’s religious congregations
regarding helping our homeless citizens. Moved by Hensley to receive and file
comments. Motion Carried 7-0. |
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40. From Karina Foster-Middleton, 2503
Eagle Point Court, to speak regarding light pollution in the city.
Moved by Kiernan to receive and file comments, and refer to the City
Manager to contact MidAmerican Energy to discuss possible alternatives and
efficiencies for street lights. Motion
Carried 7-0. |
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41. From Chet Guinn, 1041 8th
Street, regarding renovating the Peace Garden portion of Nollen Plaza.
Moved by Hensley to receive and file comments; refer to the City
Manager to form a committee to work with the Civic Center Board and Peace
Garden Representatives to find a resolution/compromise. Motion Carried 6-1. Pass: Vlassis. |
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(A)
Recommendation from the City Manager.
Moved by Hensley to receive and file.
Motion Carried 6-1. Pass:
Vlassis. |
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42. From Gayle King, Bob Berndt and Ryan
Conrath to speak regarding storm water charge due to recent annexation.
Moved by Meyer to refer to the City Manager to meet with the neighbors
and report back to Council. Motion
Carried 7-0. |
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43. From Mary Yates, 2536 Onawa Street,
to speak regarding the addition to Martin Luther King (MLK SE Connector).
Moved by Vlassis to receive and file.
Ms. Yates did not appear.
Motion Carried 5-2. Absent:
Coleman and Kiernan |
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45. On
request from Andy Lee to rezone property at 614 37th Street from
“R1-60” (One-Family Low-Density Residential) to “NPC” (Neighborhood
Pedestrian Commercial). (Plan and Zoning Commission recommends DENIAL) Moved by Hensley to deny. Motion Carried 7-0. |
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46. On
request from Greater Des Moines Habitat for Humanity for an amendment to the
Rose of South Des Moines PUD Conceptual Plan on 1005 Maury Street for
revision of site redevelopment to allow a subdivision of 10 platted lots for
single-family dwellings. Moved by Meyer to adopt. Motion Carried 7-0. |
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47. On
partial exemption from property taxation for CFI Sales, Inc., 1701 E. Euclid
Avenue. (Council Communication No. 09-885) Moved by Mahaffey to adopt. Motion Carried 6-0. Council Member Hensley
declares a conflict of interest and abstains from voting. |
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48. On items regarding property in the 4000 block of Dubuque Avenue: |
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(A) Amending the Des Moines 2020 Community Character Land
Use Plan, designation from Low-Density Residential to Medium-Density
Residential. Moved by Mahaffey to continue to the
January 11, 2010 Council Meeting at 5:00 PM; refer to the City Manager to
meet with the Developer and neighbors prior to that meeting. Motion Carried 7-0. |
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(B) Hearing on rezoning of the property from “R1-60”
(One-Family Low-Density Residential) and “R-2” (Two-Family Residential) to
Ltd. “R-3” (Multiple-Family Residential) to allow development of up to 25
bi-attached duplex residential structures with up to 50 residential units for
senior living. Moved by Mahaffey to continue to the
January 11, 2010 Council meeting at 5:00 PM; refer to the City Manager to
meet with the Developer and neighbors prior to that meeting. Motion Carried 7-0. |
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WITHDRAWN |
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(C) |
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WITHDRAWN |
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(D) |
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49. On Court Avenue & Water
Street Gatewell and River Outlet:
Resolution approving plans, specifications, form of contract
documents, engineer’s estimate, and receive and file bids. (Council
Communication No. 09-880) Moved by Hensley to adopt. Motion Carried 7-0. |
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*** END HEARINGS AT 6:00 PM *** |
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50. Grounds
and Fleur Drive Medians Maintenance Alliance Agreement with Board of Water
Works Trustees and accepting ownership of Fleur Drive median planters. (Council Communication No. 09-879) Moved by Mahaffey to adopt. Motion Carried 7-0. |
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51. Preliminary
Terms of Agreement with Liberty Building Development Group LLC for a $15
million renovation of 5 floors of the Liberty Building for a 95 room Hyatt
Place Hotel. (Council Communication No. 09-873) Moved by Hensley to receive, file and
approve preliminary terms of agreement set forth in the Council Communication
and to direct the City Manager to proceed with negotiations of formal
agreements with Liberty Building Development Group LLC consistent with the
terms set forth in the Council Communication.
The City Manager will communicate with existing hotel operators in Des
Moines to give information regarding any Economic Development assistance that
is available. Motion Carried 4-3. Nays: Kiernan, Mahaffey and Vlassis. |
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52. Termination of existing mowing and trimming contract and
approving new contract with A+ Lawn and Landscaping for 2 years with 3
one-year renewal options and authorizing City Manager to sign future renewals
and to terminate based on failure to meet performance standards. (Council Communication No. 09-875) Moved by Meyer to continue to the
January 11, 2010 Council meeting. The
City Manager will provide a report on the 2009 expenses for this
contract. Motion Carried 7-0. |
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53. Communication from the City Manager
regarding 2011 Program Year Community Development Block
Grant (CDBG) allocations. Moved by Coleman to support the City
Manager’s recommendations as follows:
100% funding in the First Year, 50% funding in the Second Year, 25%
funding in the Third Year to be supplemented by any available reprogramming
dollars and will be paid during the Fourth Quarter of the Second Year. Motion Carried 5-2. Nays: Kiernan and Vlassis. |
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(A) Communication from the Neighborhood Revitalization Board
(NRB). (Council Communication No. 09-895) Moved by Coleman to receive and
file. Motion Carried 5-2. Nays: Kiernan and Vlassis. |
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54. Agreement
with Wastewater Reclamation Authority (WRA) providing for the acquisition of
Design Flow Capacity and Proportionate Reversionary Interest in the Four Mile
Interceptor Phase 23, Segments 1-4. (Council Communication No. 09-878) Moved by Vlassis to adopt. Motion Carried 7-0. |
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1. Request from Council Member Brian Meyer to speak
regarding graffiti. Moved by Meyer to refer to the City Manager
to form a committee to examine ways to prevent graffiti: 1. Restrict sales to
minors. 2. Explore changes to restitution costs. 3. Enhance penalties for
gang-related graffiti. 4. Explore abatement by property owners/volunteers. 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) 3111 Merle Hay Road, main structure,
Titleholder: Imperial Properties, Inc. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(B) 1172 14th Street, main structure,
Titleholder: Vida Cox. Moved by Vlassis to adopt. Motion Carried 7-0. |
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(C) 714 SE 14th Court, main
structure and accessory structures, Titleholder: Mable H. McElvogue.
Moved by Meyer to adopt. Motion
Carried 7-0. |
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MOTION TO ADJOURN. Moved
by Vlassis to adjourn at 8:56 PM.
Motion Carried 7-0. |
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All-America City |
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1949 1976 1981 2003 |
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