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City Council

Regular Meeting

Des Moines, IA · January 9, 2023

AgendaMinutes

Minutes

*** DES MOINES CITY COUNCIL MEETING REPORT *** 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 '23-' 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 DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 January 9, 2023 5:00 PM 23-0001 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Sheumaker, Voss and Westergaard. 23-0002 I Appointment of Council Member Boesen as Mayor Pro Tem for the 2023 Calendar Year. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 23-0003 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 23-0004 3. APPROVING CONSENT AGENDA * – items 3 through 39: Moved by Boesen to adopt the balance of the Consent Agenda. Second by Gatto. Motion Carried 7-0. *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. 1 1/9/2023 LICENSES AND PERMITS 23-0005 4. Approving Alcoholic Beverage License Applications for the following: Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. NEW APPLICATIONS (A) CASA CANCUN BAR & GRILL 1951 INDIANOLA AVE Class C Liquor (B) HOMEGROWN CRESCENT 555 17TH ST Class C Liquor (C) MORTYS PLACE 2117 E UNIVERSITY AVE Class C Liquor (D) STRIKING SPARROW LOUNGE 1930 SE 6TH ST Class C Liquor RENEWAL APPLICATIONS (E) A DONG RESTAURANT 1511 HIGH ST Special Class C (F) BAILEYS PUB N GRUB 918 E EUCLID AVE Class C Liquor (G) CASEYS GENERAL STORE #2322 4331 PARK AVE Class C Beer (H) CASEYS GENERAL STORE #2641 2849 E EUCLID AVE Class C Beer (I) CASEYS GENERAL STORE #2786 5150 E 14TH ST Class E Liquor (J) GIT N GO STORE #2 1307 ARMY POST RD Class B Retail (K) GIT N GO STORE #24 1142 42ND ST Class B Retail (L) GIT N GO STORE #27 1240 KEOSAUQUA WAY Class B Retail (M) HAIKU SUSHI INC 1315 31ST ST Class C Liquor (N) HIGHLAND PARK POST NO 374 3712 2ND AVE Class A Liquor (O) HOLIDAY INN EXPRESS 333 SW 11TH ST Class B Retail (P) HY VEE STORE #1 3330 MLK JR PKWY Class E Liquor (Q) KUM & GO #573 5830 SE 14TH ST Class E Liquor (R) LA CABANA MEXICAN 1435 ARMY POST RD Class C Liquor (S) MARVS MUSIC 506 E 6TH ST #200 Special Class C (T) MLK LIQUOR LLC 3424 MLK JR PKWY Class E Liquor (U) PRIMOS TEX MEX BAR & GRILL 1140 E ARMY POST RD Class C Liquor (V) QUIK TRIP #544 3941 SE 14TH ST Class E Liquor (W) SHOP N SAVE #2 1372 E 14TH ST Class E Liquor (X) STAYBRIDGE SUITES 201 E LOCUST ST Class B Retail (Y) TARGET STORE T2041 5901 DOUGLAS AVE Class E Liquor (Z) UNIVERSITY LIBRARY CAFE 3506 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATION (AA) APRES BAR CO 519 PARK ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON JANUARY 18, 2023. TRANSFER TO NEW LOCATION (BB) BROKEN SPOKE BAR & GRILL 3925 E 14TH ST Class C Liquor PERMANENT TRANSFER FROM 509 E 25TH STREET. 23-0006 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 2 1/9/2023 PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 23-0007 (A) Fleur Drive Reconstruction, Phase 3 from Watrous Avenue to McKinley Avenue: Receiving of bids, (1-24-23) and Setting date of hearing, (2-6-23), Engineer’s estimate, $7,125,000. (Council Communication No. 23-024) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0008 (B) Pennsylvania Avenue Rehabilitation from E. Washington to E. Jefferson: Receiving of bids, (1-24-23) and Setting date of hearing, (2-20-23), Engineer’s estimate, $330,000. (Council Communication No. 23-017) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0009 (C) SW 8th Street Viaduct Rehabilitation: Receiving of bids, (1-24-23) and Setting date of hearing, (2-20-23), Engineer’s estimate, $933,000. (Council Communication No. 23- 018) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0010 (D) 3rd & Court Parking Garage Elevator Replacement: Receiving of bids, (2-7-23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $450,000. (Council Communication No. 23-023) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0011 7. Approving and authorizing the execution of the Iowa Department of Transportation (IDOT) Agreement for the Central Place Levee Trail Phase 1 project. (Council Communication No. 23-008) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0012 8. Approving Professional Services Agreement with HR Green, Inc. for the SE 14th Street and Maury Street Intersection Improvements, not to exceed $455,035. (Council Communication No. 23-007) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0013 9. Approving Professional Services Agreement with Shuck-Britson, Inc. for the Fleur Drive Bridge over Raccoon River Rehabilitation, not to exceed $123,981. (Council Communication No. 23-009) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0014 10. Approving Private Construction Contract between Graphite Construction Group, Inc. and Youth and Shelter Services, Inc. for storm water improvements in 2705 E. Euclid Avenue. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 3 1/9/2023 11. Accepting completed construction and approving final payment for the following: 23-0015 (A) 2021 Traffic Signal Replacement Contract 2, Iowa Signal, Inc. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0016 (B) Ingersoll Avenue Streetscape from 24th Street to 28th Street (north side), Jasper Construction Services, Inc. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0017 (C) Keosauqua Way Rehabilitation – 9th Street to 19th Street, InRoads, LLC. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0018 (D) Police Station Exterior Masonry Repair, TNT Tuckpointing and Building Restoration, LLC. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. SPECIAL ASSESSMENTS 23-0019 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-01. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0020 13. Deletion of rental inspection assessment at 933 18th Street. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 4 1/9/2023 LAND/PROPERTY TRANSACTIONS 23-0021 14. Approving tax abatement applications for the additional value added by improvements completed during 2022, (117 applications). (Council Communication No. 23-010) Moved by Boesen to adopt and to approve the applications for the total number of years in the application exemption schedule, with the schedule to commence with the taxes payable in FY2022/23. Second by Gatto. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0022 15. Communication from Blake O’Brien advising of his resignation from the Building and Fire Code Board of Appeals, Seat 4, effective immediately. Moved by Boesen to receive, file and accept resignation with appreciation for his service. Second by Gatto. Motion Carried 7-0. SETTING DATE OF HEARINGS 23-0023 16. On vacation of Allen Park as parkland due to the Des Moines River Levee Alterations Project – Phase C, (1-23-23). Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0024 17. On In-Building Lease and Agreement with USCOC of Greater Iowa, LLC (US Cellular) for wireless communication equipment within Municipal Services Center Phase 2, (1-23-23). Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0025 18. On Sixth Amendment to Real Estate Lease and Asset Transfer Agreement with the Des Moines Airport Authority to exclude excess property adjoining Fleur Drive between Highview Drive and McKinley Avenue, (1-23-23). Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0026 19. On Second Amendment to lease of the A.H. Blank Park Zoo to the Blank Park Zoo Foundation, Inc., (1-23-23). Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0027 20. On Fifth Amendment to lease of the Des Moines Botanical Center to the Greater Des Moines Botanical Garden Corporation, (1-23-23). Moved by Boesen to adopt. Seconded by Gatto. Motion Carried 7-0. 23-0028 21. On request from the Greater Des Moines Partnership and City of Des Moines for review and recommendation to adopt the DowntownDSM: Future Forward Plan as an element of PlanDSM: Creating Our Tomorrow Comprehensive Plan, (1-23-23). Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 5 1/9/2023 LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0029 22. Approving payment to Country Financial as subrogee of Khristina Dunn for an auto damage and bodily injury claim. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0030 23. Approving payment to John Parrish and Allison Hall for a property damage claim. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0031 24. Approving payment to Crysteal Davis, Damon Davis and Iisha Hillmon. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0032 25. Approving payment to Trenisha Webster. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0033 26. Approving waiver and consent of conflict of interest in representation by Ahlers & Cooney, PC of the Des Moines Airport Authority as to an agreement for transfer of an irrigation system. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. CITY MANAGER COMMUNICATIONS 23-0034 27. Submitting travel and training requests for T.M. Franklin Cownie. (Council Communication No. 23-029) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. APPROVING 23-0035 28. Reallocation of unspent 2021 and 2022 Emergency Solutions Grant (ESG) Funding from the U.S. Department of Housing and Urban Development (HUD). (Council Communication No. 23-001) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0036 29. Authorizing partial release of judgement lien at 2229 Elizabeth Avenue. (Council Communication No. 23-002) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0037 30. Neighborhood Finance Corporation (NFC) lending areas. (Council Communication No. 23- 011) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0038 31. Local financial match of an application for financial assistance to the Iowa Economic Development Authority (IEDA) under the High Quality Jobs (HQJ) Program for OpenLoop Health, Inc. (Council Communication No. 23-027) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 6 1/9/2023 23-0039 32. Acceptance of the COPS Anti-Heroin Grant Award by the Governor’s Office of Drug Control Policy. (Council Communication No. 23-012) Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-1. Nays: Sheumaker. 23-0040 33. Agreements with Des Moines Area Community College (DMACC) for EMT Training and Paramedic Training. (Council Communication No. 23-005) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0041 34. Agreement with the University of Iowa College of Nursing regarding Simulation in Motion- Iowa (SIM-IA) training for the Des Moines Fire Department. (Council Communication No. 23-004) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0042 35. Third amendment to the Economic Development Agreement with Street Collective related to maintenance and expansion of the B-Cycle Program. (Council Communication No. 23- 021) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0043 36. $100,000 forgivable loan economic development grant agreement to the Street Collective for the maintenance and expansion of the B-Cycle program in Des Moines. (Council Communication No. 23-022) Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 37. Abatement of public nuisances as follows: 23-0044 (A) 1168 22nd Street. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. (B) Number not used. 23-0045 (C) 518 Watrous Avenue. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0046 (D) 5905 South Union Street. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 7 1/9/2023 38. Purchases from the following: 23-0047 (A) Safeware, Inc. (Edward A. Simons, President) for seven (7) Explosive Ordnance Detection (EOD) protective suits and chemical protection masks per State of Iowa Cooperative Agreement for use by the Police Department, using the 2022 EOD Homeland Security Grant, $374,313.78. (Council Communication No. 23-013) Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-1. Nays: Sheumaker. 23-0048 (B) Keltek Inc. (Michelle Jensen, President & CEO) for additional Emergency Vehicle Equipment per multiple State of Iowa Contracts for use by the Police Department, $171,639.72. (Council Communication No. 23-014) Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-1. Nays: Sheumaker. 23-0049 (C) Van Maanen Electric, Inc. (Nathan Van Maanen, President) for an annual agreement with four (4) additional one-year renewal options to furnish on-call traffic signal repair and maintenance for use by the Engineering Department, additional amount of $100,000. (Three (3) potential bidders, two (2) received). Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0050 (D) Clarke Mosquito Control Products (J. Lyell Clarke III, President) to furnish mosquito control services for use by the Neighborhood Inspections Division, estimated annual amount $356,980. (Two (2) compliant bids received). Moved by Boesen to adopt. Second by Gatto. Motion Carried 5-2. Nays: Sheumaker and Mandelbaum. 23-0051 39. Authorizing Finance Director to draw checks on registers for the weeks of January 9 and January 16, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 9 and January 16, 2023; to draw checks for biweekly payroll due January 13, 2023. Moved by Boesen to adopt. Second by Gatto. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 8 1/9/2023 HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 40 THRU 50) 23-0052 40. On vacation of an undeveloped segment of E. Fulton Drive right-of-way located within Stone Park at 2100 SE 5th Street and dedication of such property and a segment of previously vacated E. Olinda Avenue lying within Stone Park as Parkland. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 7-0. 23-0053 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. 23-0054 (B) Final consideration of ordinance above, requires six votes. Moved by Mandelbaum 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, #16,213. Second by Boesen. Motion Carried 7-0. 23-0055 41. On conveyance of a Permanent Easement for Building Encroachment in property located east of and adjoining 2035 E. Ovid Avenue to Peterson Ventures, LLC for $225. Moved by Westergaard to adopt. Second by Boesen. Motion Carried 7-0. 23-0056 42. On conveyance of City-Owned property to Neighborhood Finance Corporation for redevelopment of housing. (Council Communication No. 23-003) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 23-0057 43. On request from Kary Dunn (Owner) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification for property located at 810 E. Euclid Avenue from Low Density Residential within a Community Node to Community Mixed Use within a Community Node and to rezone the property from “N5” Residential District to Limited “MX3” Mixed Use District to allow the expansion of the parking lot to the east (Git-N-Go). Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-0058 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. WITHDRAWN 23-0059 (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 9 1/9/2023 23-0060 44. On request from Neighborhood Development Corp (Abbey Gilroy, Officer) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification for the northernmost portion of the property located at 2211 University Avenue from Low-Medium Density Residential within a Neighborhood Node to Neighborhood Mixed Use within a Neighborhood Node, and to rezone the property from “RX2” Mixed Use District to “MX2” Mixed Use District to allow redevelopment of the site with a new three-story mixed-use building using the Storefront building type. Moved by Sheumaker to adopt. Second by Boesen. Motion Carried 7-0. 23-0061 (A) First consideration of ordinance above. Moved by Sheumaker that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. 23-0062 (B) Final consideration of ordinance above (waiver requested by Michael Ludwig, Interim Development Services Director), requires six votes. Moved by Sheumaker 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, #16,214. Second by Boesen. Motion Carried 7-0. 23-0063 45. On request from Eastgate Plaza, LLC (Norman S. Weinstein, Officer) for review and approval of an 8th amendment to the Eastgate Plaza PUD Conceptual Plan to allow redevelopment of the property at 1514 E. Euclid Avenue with a car wash use. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-0064 46. On approval of a License Agreement with Waterbury Neighborhood Association in a portion of Ingersoll Avenue right-of-way located west of Polk Boulevard adjoining 600 Polk Boulevard and 601 48th Street for $1,000. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-0065 47. On 2023 Traffic Signal Replacement Contract 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Iowa Signal, Inc. (Wayne Lesley, President), $854,230.39. (Council Communication No. 23-016) Moved by Voss to adopt. Second by Gatto. Motion Carried 7-0. 23-0066 (A) Approval of contract and bond and permission to sublet. Moved by Voss to adopt. Second by Gatto. Motion Carried 7-0. 10 1/9/2023 23-0067 48. On E. Court Avenue Reconstruction from Des Moines River to E. 7 th Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Jasper Construction Services, Inc. (Cliff Rhoads, President), $6,893,459. (Council Communication No. 23-015) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-0068 (A) Approval of contract and bond and permission to sublet. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-0069 49. On Stone Park Community Garden: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Burkett Construction, LLC (Andrew Burkett, Owner), $518,897.98. (Council Communication No. 23-019) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0070 (A) Approval of contract and bond and permission to sublet. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0071 50. On SW 11th Street from West ML King Jr Parkway to Dart Way Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Jasper Construction Services, Inc. (Cliff Rhoads President), $243,119.50. (Council Communication No. 23-020) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 23-0072 (A) Approval of contract and bond and permission to sublet. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. ***END HEARINGS AT 5:35 PM*** 11 1/9/2023 ORDINANCES – FIRST CONSIDERATION 23-0073 51. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-006) Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. (A) Code modifications related to new streets built as part of Grover Woods Plat 2 Development near Hubbell Avenue and E. 44th Street. (B) Code modifications related to new streets built as part of the Woods at Copper Creek Plat 6 Development between E. Sheridan Avenue to the north and Wisconsin Avenue to the south. (C) Code modifications related to new streets built as part of Woodbury Plat 1 Development near east of E. 56th Street, west of US Highway 65, and south of E. Douglas Avenue. (D) Code modifications related to new streets built as part of the Woods on the River Plat 2 Development including Grand River Drive and River Ridge Road. (E) Traffic Control Change – SE 15th Court and Shaw Street. (F) Parking Modification – E. 39th Street from Easton Boulevard to Mattern Avenue. (G) Corner Clearance Parking Restrictions: (1) Bowdoin Street and E. Douglas Avenue. (2) Bowdoin Street and E. Madison Avenue. (3) Columbia Street and E. Douglas Avenue. (4) E. Douglas Avenue and E. 14th Street. (5) E. Thornton Avenue and SE 1st Street. 23-0074 (H) Final consideration of ordinance above, requires six votes. Moved by Westergaard 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, #16,215. Second by Voss. Motion Carried 7-0. 23-0075 52. Amending Section 2-1176 relating to the creation, composition and appointment of members of the Youth Advisory Board. Moved by Sheumaker that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 23-0076 (A) Final consideration of ordinance above, requires six votes. Moved by Sheumaker 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, #16,216. Second by Gatto. Motion Carried 7-0. 12 1/9/2023 APPROVING II 23-0077 53. Review of Zoning Board of Adjustment decision conditionally granting a use variance to allow use of the property at 1626 E. Park Avenue for a “Vehicle Maintenance/Repair, Minor” use in a “N3a” Neighborhood District. (Council Communication No. 23-028) Moved by Gatto to adopt Alternative C. The City Council declines to remand the decision to the Zoning Board of Adjustment. The decision of the Board becomes final on this date. Second by Voss. Motion Carried 7-0. COMMUNICATIONS/REPORTS 23-0078 54. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 7-0. (A) Jolene Prescott (B) Bridget Botkin (C) Adam Callanan (D) Carolyn Uhlenhake Walker 23-0079 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:52PM. Second by Boesen. Motion Carried 7-0. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city 13 1/9/2023

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 January 9, 2023 5:00 PM 1. ROLL CALL: I Appointment of Council Member Boesen as Mayor Pro Tem for the 2023 Calendar Year. 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 39: *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: NEW APPLICATIONS (A) CASA CANCUN BAR & GRILL 1951 INDIANOLA AVE Class C Liquor (B) HOMEGROWN CRESCENT 555 17TH ST Class C Liquor (C) MORTYS PLACE 2117 E UNIVERSITY AVE Class C Liquor (D) STRIKING SPARROW LOUNGE 1930 SE 6TH ST Class C Liquor RENEWAL APPLICATIONS (E) A DONG RESTAURANT 1511 HIGH ST Special Class C (F) BAILEYS PUB N GRUB 918 E EUCLID AVE Class C Liquor (G) CASEYS GENERAL STORE #2322 4331 PARK AVE Class C Beer (H) CASEYS GENERAL STORE #2641 2849 E EUCLID AVE Class C Beer (I) CASEYS GENERAL STORE #2786 5150 E 14TH ST Class E Liquor (J) GIT N GO STORE #2 1307 ARMY POST RD Class B Retail (K) GIT N GO STORE #24 1142 42ND ST Class B Retail (L) GIT N GO STORE #27 1240 KEOSAUQUA WAY Class B Retail (M) HAIKU SUSHI INC 1315 31ST ST Class C Liquor (N) HIGHLAND PARK POST NO 374 3712 2ND AVE Class A Liquor (O) HOLIDAY INN EXPRESS 333 SW 11TH ST Class B Retail (P) HY VEE STORE #1 3330 MLK JR PKWY Class E Liquor (Q) KUM & GO #573 5830 SE 14TH ST Class E Liquor 1 (R) LA CABANA MEXICAN 1435 ARMY POST RD Class C Liquor (S) MARVS MUSIC 506 E 6TH ST #200 Special Class C (T) MLK LIQUOR LLC 3424 MLK JR PKWY Class E Liquor (U) PRIMOS TEX MEX BAR & GRILL 1140 E ARMY POST RD Class C Liquor (V) QUIK TRIP #544 3941 SE 14TH ST Class E Liquor (W) SHOP N SAVE #2 1372 E 14TH ST Class E Liquor (X) STAYBRIDGE SUITES 201 E LOCUST ST Class B Retail (Y) TARGET STORE T2041 5901 DOUGLAS AVE Class E Liquor (Z) UNIVERSITY LIBRARY CAFE 3506 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATION (AA) APRES BAR CO 519 PARK ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON JANUARY 18, 2023. TRANSFER TO NEW LOCATION (BB) BROKEN SPOKE BAR & GRILL 3925 E 14TH ST Class C Liquor PERMANENT TRANSFER FROM 509 E 25TH STREET. 5. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 6. Ordering construction of the following: (A) Fleur Drive Reconstruction, Phase 3 from Watrous Avenue to McKinley Avenue: Receiving of bids, (1-24-23) and Setting date of hearing, (2-6-23), Engineer’s estimate, $7,125,000. (Council Communication No. 23-024) (B) Pennsylvania Avenue Rehabilitation from E. Washington to E. Jefferson: Receiving of bids, (1-24-23) and Setting date of hearing, (2-20-23), Engineer’s estimate, $330,000. (Council Communication No. 23-017) (C) SW 8th Street Viaduct Rehabilitation: Receiving of bids, (1-24-23) and Setting date of hearing, (2-20-23), Engineer’s estimate, $933,000. (Council Communication No. 23-018) (D) 3rd & Court Parking Garage Elevator Replacement: Receiving of bids, (2-7-23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $450,000. (Council Communication No. 23-023) 2 7. Approving and authorizing the execution of the Iowa Department of Transportation (IDOT) Agreement for the Central Place Levee Trail Phase 1 project. (Council Communication No. 23-008) 8. Approving Professional Services Agreement with HR Green, Inc. for the SE 14 th Street and Maury Street Intersection Improvements, not to exceed $455,035. (Council Communication No. 23-007) 9. Approving Professional Services Agreement with Shuck-Britson, Inc. for the Fleur Drive Bridge over Raccoon River Rehabilitation, not to exceed $123,981. (Council Communication No. 23-009) 10. Approving Private Construction Contract between Graphite Construction Group, Inc. and Youth and Shelter Services, Inc. for storm water improvements in 2705 E. Euclid Avenue. 11. Accepting completed construction and approving final payment for the following: (A) 2021 Traffic Signal Replacement Contract 2, Iowa Signal, Inc. (B) Ingersoll Avenue Streetscape from 24th Street to 28th Street (north side), Jasper Construction Services, Inc. (C) Keosauqua Way Rehabilitation – 9th Street to 19th Street, InRoads, LLC. (D) Police Station Exterior Masonry Repair, TNT Tuckpointing and Building Restoration, LLC. SPECIAL ASSESSMENTS 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-01. 13. Deletion of rental inspection assessment at 933 18th Street. LAND/PROPERTY TRANSACTIONS 14. Approving tax abatement applications for the additional value added by improvements completed during 2022, (117 applications). (Council Communication No. 23-010) 3 BOARDS/COMMISSIONS/NEIGHBORHOODS 15. Communication from Blake O’Brien advising of his resignation from the Building and Fire Code Board of Appeals, Seat 4, effective immediately. SETTING DATE OF HEARINGS 16. On vacation of Allen Park as parkland due to the Des Moines River Levee Alterations Project – Phase C, (1-23-23). 17. On In-Building Lease and Agreement with USCOC of Greater Iowa, LLC (US Cellular) for wireless communication equipment within Municipal Services Center Phase 2, (1-23- 23). 18. On Sixth Amendment to Real Estate Lease and Asset Transfer Agreement with the Des Moines Airport Authority to exclude excess property adjoining Fleur Drive between Highview Drive and McKinley Avenue, (1-23-23). 19. On Second Amendment to lease of the A.H. Blank Park Zoo to the Blank Park Zoo Foundation, Inc., (1-23-23). 20. On Fifth Amendment to lease of the Des Moines Botanical Center to the Greater Des Moines Botanical Garden Corporation, (1-23-23). 21. On request from the Greater Des Moines Partnership and City of Des Moines for review and recommendation to adopt the DowntownDSM: Future Forward Plan as an element of PlanDSM: Creating Our Tomorrow Comprehensive Plan, (1-23-23). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 22. Approving payment to Country Financial as subrogee of Khristina Dunn for an auto damage and bodily injury claim. 23. Approving payment to John Parrish and Allison Hall for a property damage claim. 24. Approving payment to Crysteal Davis, Damon Davis and Iisha Hillmon. 25. Approving payment to Trenisha Webster. 26. Approving waiver and consent of conflict of interest in representation by Ahlers & Cooney, PC of the Des Moines Airport Authority as to an agreement for transfer of an irrigation system. 4 CITY MANAGER COMMUNICATIONS 27. Submitting travel and training requests for T.M. Franklin Cownie. (Council Communication No. 23-029) APPROVING 28. Reallocation of unspent 2021 and 2022 Emergency Solutions Grant (ESG) Funding from the U.S. Department of Housing and Urban Development (HUD). (Council Communication No. 23-001) 29. Authorizing partial release of judgement lien at 2229 Elizabeth Avenue. (Council Communication No. 23-002) 30. Neighborhood Finance Corporation (NFC) lending areas. (Council Communication No. 23-011) 31. Local financial match of an application for financial assistance to the Iowa Economic Development Authority (IEDA) under the High Quality Jobs (HQJ) Program for OpenLoop Health, Inc. (Council Communication No. 23-027) 32. Acceptance of the COPS Anti-Heroin Grant Award by the Governor’s Office of Drug Control Policy. (Council Communication No. 23-012) 33. Agreements with Des Moines Area Community College (DMACC) for EMT Training and Paramedic Training. (Council Communication No. 23-005) 34. Agreement with the University of Iowa College of Nursing regarding Simulation in Motion-Iowa (SIM-IA) training for the Des Moines Fire Department. (Council Communication No. 23-004) 5 35. Third amendment to the Economic Development Agreement with Street Collective related to maintenance and expansion of the B-Cycle Program. (Council Communication No. 23-021) 36. $100,000 forgivable loan economic development grant agreement to the Street Collective for the maintenance and expansion of the B-Cycle program in Des Moines. (Council Communication No. 23-022) 37. Abatement of public nuisances as follows: (A) 1168 22nd Street. (B) Number not used. (C) 518 Watrous Avenue. (D) 5905 South Union Street. 38. Purchases from the following: (A) Safeware, Inc. (Edward A. Simons, President) for seven (7) Explosive Ordnance Detection (EOD) protective suits and chemical protection masks per State of Iowa Cooperative Agreement for use by the Police Department, using the 2022 EOD Homeland Security Grant, $374,313.78. (Council Communication No. 23-013) (B) Keltek Inc. (Michelle Jensen, President & CEO) for additional Emergency Vehicle Equipment per multiple State of Iowa Contracts for use by the Police Department, $171,639.72. (Council Communication No. 23-014) (C) Van Maanen Electric, Inc. (Nathan Van Maanen, President) for an annual agreement with four (4) additional one-year renewal options to furnish on-call traffic signal repair and maintenance for use by the Engineering Department, additional amount of $100,000. (Three (3) potential bidders, two (2) received). (D) Clarke Mosquito Control Products (J. Lyell Clarke III, President) to furnish mosquito control services for use by the Neighborhood Inspections Division, estimated annual amount $356,980. (Two (2) compliant bids received). 6 39. Authorizing Finance Director to draw checks on registers for the weeks of January 9 and January 16, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 9 and January 16, 2023; to draw checks for biweekly payroll due January 13, 2023. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 40 THRU 50) 40. On vacation of an undeveloped segment of E. Fulton Drive right-of-way located within Stone Park at 2100 SE 5th Street and dedication of such property and a segment of previously vacated E. Olinda Avenue lying within Stone Park as Parkland. (A) First consideration of ordinance above. 41. On conveyance of a Permanent Easement for Building Encroachment in property located east of and adjoining 2035 E. Ovid Avenue to Peterson Ventures, LLC for $225. 42. On conveyance of City-Owned property to Neighborhood Finance Corporation for redevelopment of housing. (Council Communication No. 23-003) 43. On request from Kary Dunn (Owner) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification for property located at 810 E. Euclid Avenue from Low Density Residential within a Community Node to Community Mixed Use within a Community Node and to rezone the property from “N5” Residential District to Limited “MX3” Mixed Use District to allow the expansion of the parking lot to the east (Git-N- Go). (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 7 44. On request from Neighborhood Development Corp (Abbey Gilroy, Officer) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification for the northernmost portion of the property located at 2211 University Avenue from Low- Medium Density Residential within a Neighborhood Node to Neighborhood Mixed Use within a Neighborhood Node, and to rezone the property from “RX2” Mixed Use District to “MX2” Mixed Use District to allow redevelopment of the site with a new three-story mixed-use building using the Storefront building type. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Michael Ludwig, Interim Development Services Director), requires six votes. 45. On request from Eastgate Plaza, LLC (Norman S. Weinstein, Officer) for review and approval of an 8th amendment to the Eastgate Plaza PUD Conceptual Plan to allow redevelopment of the property at 1514 E. Euclid Avenue with a car wash use. 46. On approval of a License Agreement with Waterbury Neighborhood Association in a portion of Ingersoll Avenue right-of-way located west of Polk Boulevard adjoining 600 Polk Boulevard and 601 48th Street for $1,000. 47. On 2023 Traffic Signal Replacement Contract 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Iowa Signal, Inc. (Wayne Lesley, President), $854,230.39. (Council Communication No. 23-016) (A) Approval of contract and bond and permission to sublet. 48. On E. Court Avenue Reconstruction from Des Moines River to E. 7th Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Jasper Construction Services, Inc. (Cliff Rhoads, President), $6,893,459. (Council Communication No. 23-015) (A) Approval of contract and bond and permission to sublet. 8 49. On Stone Park Community Garden: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Burkett Construction, LLC (Andrew Burkett, Owner), $518,897.98. (Council Communication No. 23-019) (A) Approval of contract and bond and permission to sublet. 50. On SW 11th Street from West ML King Jr Parkway to Dart Way Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Jasper Construction Services, Inc. (Cliff Rhoads President), $243,119.50. (Council Communication No. 23-020) (A) Approval of contract and bond and permission to sublet. ***END HEARINGS AT __________________PM*** ORDINANCES – FIRST CONSIDERATION 51. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-006) (A) Code modifications related to new streets built as part of Grover Woods Plat 2 Development near Hubbell Avenue and E. 44th Street. (B) Code modifications related to new streets built as part of the Woods at Copper Creek Plat 6 Development between E. Sheridan Avenue to the north and Wisconsin Avenue to the south. (C) Code modifications related to new streets built as part of Woodbury Plat 1 Development near east of E. 56th Street, west of US Highway 65, and south of E. Douglas Avenue. (D) Code modifications related to new streets built as part of the Woods on the River Plat 2 Development including Grand River Drive and River Ridge Road. (E) Traffic Control Change – SE 15th Court and Shaw Street. (F) Parking Modification – E. 39th Street from Easton Boulevard to Mattern Avenue. (G) Corner Clearance Parking Restrictions: (1) Bowdoin Street and E. Douglas Avenue. (2) Bowdoin Street and E. Madison Avenue. (3) Columbia Street and E. Douglas Avenue. (4) E. Douglas Avenue and E. 14th Street. (5) E. Thornton Avenue and SE 1st Street. 9 52. Amending Section 2-1176 relating to the creation, composition and appointment of members of the Youth Advisory Board. APPROVING II 53. Review of Zoning Board of Adjustment decision conditionally granting a use variance to allow use of the property at 1626 E. Park Avenue for a “Vehicle Maintenance/Repair, Minor” use in a “N3a” Neighborhood District. (Choose one alternative A, B or C) (Council Communication No. 23-028) (A) The City Council remands the Decision and Order to the Zoning Board of Adjustment for further study. The effective date of the Board’s decision will be deferred for 30 days from the date of this remand. (B) The City Council takes no action to review the Decision and Order. The decision of the Board will become final on January 29,2023. (C) The City Council declines to remand the decision to the Zoning Board of Adjustment. The decision of the Board becomes final on this date. COMMUNICATIONS/REPORTS 54. Requests to speak as follows: (A) Jolene Prescott (B) Bridget Botkin (C) Adam Callanan (D) Carolyn Uhlenhake Walker MOTION TO ADJOURN. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city 10

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