City Council
Regular MeetingDes Moines, IA · January 9, 2023
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.
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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)
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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)
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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.
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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)
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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).
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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.
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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.
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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.
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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.
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business days in advance when possible at 515-283-4209, should special accommodations be
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View City Council agendas online at DSM.city
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