City Council

*** 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 23, 2023 5:00 PM I. CLOSED SESSION – 3:00 PM CANCELLED (A) Roll Call. (B) Recess, and reconvene in closed session pursuant to Section 21.5, subsection 1, paragraph C, of the Iowa Code, to discuss necessary strategy with counsel in matters that are presently in litigation or where litigation is imminent, where its disclosure would be likely to prejudice or disadvantage the position of the City. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. * * * * * * * * * * * * * * * * * * * * * * * * 1 1/23/2023  PROCLAMATION – 4:50 PM Human Trafficking Prevention and Awareness Month 23-0080 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Sheumaker, Voss and Westergaard. 23-0081 I Amending the procedural rules of the Des Moines City Council. Moved by Gatto to adopt. Second by Boesen. Motion Carried 5-2. Nays: Sheumaker and Mandelbaum. 23-0082 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0083 3. APPROVING CONSENT AGENDA * – items 3 through 25: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Boesen. 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. LICENSES AND PERMITS 23-0084 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. Council Member Westergaard votes no on items L, M and N. NEW APPLICATION (A) E 25TH ST PUB & GRUB 509 E 25TH ST Class C Liquor RENEWAL APPLICATIONS (B) 300 CRAFT & ROOFTOP 300 W MLK JR PKWY Class C Liquor (C) ALBA RESTAURANT 519 DES MOINES ST Class C Liquor (D) APOSTO 644 18TH ST Class C Liquor (E) BEAVER TAP 4050 URBANDALE AVE Class C Liquor (F) BEST FOOD MART 4028 E 14TH ST Class E Liquor (G) CASEYS GENERAL STORE #2244 2150 E ARMY POST RD Class B Retail (H) CASEYS GENERAL STORE #3518 1907 ARMY POST RD Class E Liquor (I) FAREWAY STORES INC #183 4313 FLEUR DR Class E Liquor (J) FAST MART 1621 UNIVERSITY AVE Class E Liquor (K) FLYING MANGO 4345 HICKMAN RD Class C Liquor *(L) GIT N GO STORE #18 6501 SE 14TH ST Class B Retail *(M) GIT N GO STORE #29 4900 URBANDALE AVE Class B Retail *(N) GIT N GO STORE #32 2911 DOUGLAS AVE Class B Retail 2 1/23/2023  (O) HY VEE #6 420 COURT AVE (STORE) Class E Liquor (P) HY VEE MARKET GRILLE #6 420 COURT AVE (CAFE) Class C Liquor (Q) IOWA TAPROOM 215 E 3RD ST #100 Class C Liquor (R) JIFFY #924 3718 SW 9TH ST Class B Retail (S) LIFT 222 4TH ST Class C Liquor (T) MAD MEATBALL PIZZERIA 210 SW 11TH ST Class C Liquor (U) MAGGIES RUMBLE ROOM 1430 2ND AVE Class C Liquor (V) MARIANAS 1305 UNIVERSITY AVE Special Class C (W) PALMERS DELI & MARKET 2843 INGERSOLL AVE Class C Liquor (X) PANKA PERUVIAN 2708 INGERSOLL AVE Class C Liquor (Y) PUEBLO VIEJO 3841 E 14TH ST Class C Liquor (Z) QUINTONS BAR & GRILL 506 E GRAND AVE Class C Liquor (AA) RESIDENCE INN DES MOINES 100 SW WATER ST Class B Liquor (BB) SNAKE PIT LOUNGE 3100 MCKINLEY AVE Class A Liquor (CC) TANGERINE FOOD COMPANY 4700 GRAND AVE Class C Liquor (DD) TOBACCO OUTLET PLUS #521 3301 E EUCLID AVE Class B Retail SPECIAL EVENT APPLICATIONS (EE) CAMPBELLS CONCESSIONS 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR THE IOWA BEEF EXPO ON FEBRUARY 11 – 19, 2023. (FF) GREAT CATERERS OF IOWA 519 PARK ST 5-day CLASS C LIQUOR LICENSE FOR I’LL MAKE ME A WORLD IN IOWA EVENT ON JANUARY 28, 2023 TRANSFER TO NEW LOCATION (GG) ELWELL FAMILY FOOD CENTER 3000 E GRAND AVE Class C Liquor TEMPORARY TO THE VARIED INDUSTRIES BUILDING FOR A RETIREMENT PARTY ON JANUARY 27, 2023. 23-0085 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 3 1/23/2023  PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 23-0086 (A) 2023 HMA Resurfacing Program Contract 1: Receiving of bids, (2-7-23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $1,200,000. (Council Communication No. 23-030) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0087 (B) E. 4th Street Reconstruction from East ML King Jr Parkway to E. Market Street: Receiving of bids, (2-7-23) and Setting date of hearing, (2-20-23), Engineer’s estimate, $4,750,000. (Council Communication No. 23-038) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0088 (C) Easter Lake Drive Sidewalk from Indianola Avenue to Easter Lake Park: Receiving of bids, (2-7-23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $2,200,000. (Council Communication No. 23-033) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0089 (D) Western Gateway Water Features: Receiving of bids, (2-7-23) and Setting date of hearing, (2-20-23), Engineer’s estimate, $925,000. (Council Communication No. 23- 035) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0090 (E) Woodland Cemetery Roadway Improvements: Receiving of bids, (2-7-23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $775,000. (Council Communication No. 23-036) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0091 7. Approving Private Construction Contract between Graphite Construction Group, Inc. and Merle Hay Anchors, LLC for storm sewer improvements in 4000 Merle Hay Road. Moved by Gatto to adopt. Second by Boesen. Motion Carried 5-2. Nays: Gatto and Westergaard. 8. Accepting completed construction and approving final payment for the following: 23-0092 (A) Skywalk HVAC Replacement Phase 4, Stein Heating & Cooling Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0093 (B) Observatory Road Reconstruction from Polk Blvd West to Parking Lot, InRoads, LLC. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0094 (C) E. 3rd Street Reconstruction from E. Court Avenue to Iowa Interstate Railroad, Minturn, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 4 1/23/2023  SPECIAL ASSESSMENTS 23-0095 9. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-01. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 23-0096 10. Approval of final subdivision plat for Three Lakes Estates Plat 8. (Council Communication No. 23-042) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0097 11. Approval of final subdivision plat and acceptance of restoration surety for the Creek at Echo Valley Plat 1. (Council Communication No. 23-041) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0098 12. Receipt of communication from Izaah Knox advising of his resignation from the Des Moines Civil and Human Rights Commission, Seat 5, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Boesen. Motion Carried 7-0. 23-0099 13. Recommendation from Council Member Westergaard to appoint Nate Niceswanger to Des Moines Civil and Human Rights Commission, Seat 5, expiring March 31, 2024. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0100 13-I Recommending Linda Westergaard as Public Official and Robert Mahaffey as Senior Representative to the Aging Resources of Central Iowa Board of Directors for calendar year 2023. Moved to Gatto to adopt. Second by Boesen. Motion Carried 7-0. 5 1/23/2023  SETTING DATE OF HEARINGS 23-0101 14. On the proposition to authorize lease purchase agreements in the total principal amount not to exceed $900,000 for the purpose of acquiring certain items of equipment consisting of up to fourteen vehicles, (2-6-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0102 15. Approving payment to Dejuan Haynes. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. APPROVING 23-0103 16. Final terms of an Urban Renewal Development Agreement with Union at Rivers Edge, LP (The Annex Group) for the new construction of a 216-unit multi-family apartment project located at 1600 Indianola Avenue. (Council Communication No. 23-046) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Nays: Gatto. 23-0104 (A) Agreement with Union at Rivers Edge, LP to provide a grant of $300,000 in conjunction with the Urban Renewal Development Agreement. (Council Communication No. 23- 045) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Nays: Gatto. 23-0105 17. Four Party Funding Agreement between Blackacre Development, LLC (Krause+), HCR NFS I, LLC (Hubbell), River Point West, LLC (Sherman) and the City of Des Moines to reconstruct Tuttle Street from SW 12th Street to SW 14th Street. (Council Communication No. 23-043) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0106 18. Clarifying the affordability requirements for a grant agreement with Star Apartments, LLC for affordable housing at 2701 Ingersoll Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0107 19. Authorizing release of special assessments and partial release of judgement liens for certain properties acquired through the tax sale certificate process. (Council Communication No. 23-034) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0108 20. Agreement with the Des Moines Airport Authority for conveyance of an irrigation system to the City on property being leased to the Authority for the Fleur Drive Reconstruction, Phase 3 from Watrous Avenue to McKinley Avenue Project. (Council Communication No. 23- 032) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 6 1/23/2023 23-0109 21. Amended and Restated 28E Agreement with the Neighborhood Development Corporation. (Council Communication No. 23-031) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0110 22. Receive and file Quarterly Treasurer’s Report as of December 31, 2022. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23. Abatement of public nuisances as follows: 23-0111 (A) 1439 E. Ovid Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0112 (B) 6309 South Union Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0113 (C) 7301 Fleur Drive, Unit 2. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0114 (D) 7301 Fleur Drive, Unit 31. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0115 24. Purchase from Electric Pump & Tool Services, Inc. (Tom Miller, President) for Flygt pump repair parts and services at storm and sanitary pump stations, additional amount $50,000. (Council Communication No. 23-044) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0116 25. Authorizing Finance Director to draw checks on registers for the weeks of January 23 and January 30, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 23 and January 30, 2023; to draw checks for biweekly payroll due January 27, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 7 1/23/2023  HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 26 THRU 31) 23-0117 26. On vacation of Allen Park as parkland due to the Des Moines River Levee Alterations Project – Phase C, located along the Des Moines River at 800 SE 6th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0118 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Seconded by Boesen. Motion Carried 7-0. 23-0119 (B) Final consideration of ordinance above (waiver requested by Ben Page, Parks and Recreation Director), requires six votes. Moved by Gatto 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, #16,217. Seconded by Boesen. Motion Carried 7-0. 23-0120 (C) On naming of dedicated parkland located in the vicinity of SE 5th Street and E. Titus Avenue as Allen Park. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0121 27. Dismissing hearing on In-Building Lease and Agreement with USCOC of Greater Iowa, LLC (US Cellular) for wireless communication equipment within Municipal Services Center Phase 2. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 7-0. 23-0122 28. On Second Amendment to lease of the A.H. Blank Park Zoo to the Blank Park Zoo Foundation, Inc. (Council Communication No. 23-040) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-0123 29. On Fifth Amendment to lease of the Des Moines Botanical Center to the Greater Des Moines Botanical Garden Corporation. (Council Communication No. 23-039) Moved by Westergaard to adopt. Second by Voss. Motion Carried 7-0. 23-0124 (A) First Amendment to Amended and Restated Urban Renewal Development Agreement with the Greater Des Moines Botanical Garden. Moved by Westergaard to adopt. Second by Voss. Motion Carried 7-0. 23-0125 30. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-0126 (A) Dedicating additional Fleur Drive right-of-way as part of the Airport Cowles Drive Reconstruction – Phase 2 project. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 8 1/23/2023 23-0127 31. 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. Moved by Voss to continue to the February 6, 2023 Council meeting. Second by Mandelbaum. Motion Carried 7-0. ***END HEARINGS AT 5:18 PM*** ORDINANCES SECOND CONSIDERATION 23-0128 32. Rezone 810 E. Euclid Avenue 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 continue to the February 6, 2023 Council meeting. Second by Gatto. Motion Carried 7-0. WITHDRAWN 23-0129 (A) Final consideration of ordinance above (waiver requested by Dennis Flora, President Git-N-Go), requires six votes. ORDINANCES FIRST CONSIDERATION 23-0130 33. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-037) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. (A) Prohibition of turns on red on Grand Avenue at 9th Street – westbound left turn. (B) Code modification on 5th Avenue from Watson Powell Jr. Way to School Street. 23-0131 (C) 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, #16,218. Second by Boesen. Motion Carried 7-0. 9 1/23/2023 23-0132 34. Amending Chapter 2 of the Municipal Code relating to procurement by increasing the dollar value of contracts for goods and services that are administratively approved, revising the bid and request for proposal processes to utilize online bidding and proposal platforms(s), and to delete requirement for public openings of sealed bids and proposals in response to request for proposal. (Council Communication No. 23-047) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. 23-0133 (A) Final consideration of ordinance above (waiver requested by Nick Schaul, Finance Director), requires six votes. Moved by Gatto 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, #16,219. Second by Boesen. Motion Carried 7-0. COMMUNICATIONS/REPORTS 23-0134 35. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 7-0. (A) Adam Callanan (B) Anna Noel (C) Lori Ann Young (D) Harvey Harrison (E) Jolene Prescott 23-0135 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:40 PM. 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 10 1/23/2023