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 February 6, 2023 5:00 PM PROCLAMATIONS – 4:45 PM Black History Month Transit Equity Week 23-0136 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Sheumaker, Voss and Westergaard. 23-0137 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0138 3. APPROVING CONSENT AGENDA * – items 3 through 42: Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 1 2/6/2023  *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 23-0139 4. Approving Alcoholic Beverage Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. NEW APPLICATIONS (A) SMOKING GOAT PUB 3015 MERLE HAY RD Class C Liquor RENEWAL APPLICATIONS (B) CASH SAVER #33 1320 E EUCLID AVE Class E Liquor (C) DES MOINES YACHT 2617 INGERSOLL AVE Class C Liquor (D) GIT N GO STORE #23 2930 HICKMAN RD Class B Retail (E) LA TAPATIA 2 3504 MERLE HAY RD Class B Retail (F) LACHELES FINE FOODS 2716 INGERSOLL AVE Class C Liquor (G) LACRUZ #3 3900 E 14TH ST #1 Class B Retail (H) MACCABEES DELI 1150 POLK BLVD Class B Retail (I) TUPELO HONEY CAFE 665 GRAND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (J) GREAT CATERERS 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR HOOVER/MEREDITH COMMUNITY LEARNING FOUNDATION EVENT ON FEBRUARY 11, 2023. (K) GREAT CATERERS 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR IOWA SIMMENTAL ASSOCIATION EVENT ON FEBRUARY 11, 2023. 23-0140 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Nays: Cownie. 23-0141 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 2 2/6/2023  PUBLIC IMPROVEMENTS 7. Ordering construction of the following: 23-0142 (A) Tuttle Street Construction from SW 12th Street to SW 14th Street: Receiving of bids, (2- 21-23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $1,700,000. (Council Communication No. 23-061) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0143 (B) Guthrie Avenue Trail from E. 21st Street to Hubbell Avenue: Receiving of bids, (2-21- 23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $1,350,000. (Council Communication No. 23-060) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0144 (C) 2023 Neighborhood Sidewalk Program Contract 1: Receiving of bids, (2-21-23) and Setting date of hearing, (3-6-23), Engineer’s estimate, $800,000. (Council Communication No. 23-066) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0145 (D) 4th & Grand Parking Garage Skywalk Improvements: Receiving of bids, (3-7-23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $216,500. (Council Communication No. 23-063) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 8. Number not used. 23-0146 9. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with HR Green, Inc., for Intelligent Transportation Systems (ITS) Master Plan Integration – Phase 4, not to exceed $206,400. (Council Communication No. 23-057) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0147 10. Approving Change Order No. 3 with Peterson Contractors, Inc. for additional work on Des Moines Levee Alterations – Phase B, $503,039.80. (Council Communication No. 23-055) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0148 11. Approving Change Order No. 1 with Iowa Signal, Inc. for additional work on 2023 Traffic Signal Replacement Contract 1, $185,265.41. (Council Communication No. 23-062) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 3 2/6/2023  12. Accepting completed construction and approving final payment for the following: 23-0149 (A) George Flagg Parkway Resurfacing from Fleur Drive to SW 30th Street, InRoads, LLC. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0150 (B) Des Moines River Levee Alterations Phase A, Corell Contractor, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. SPECIAL ASSESSMENTS 23-0151 13. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-02. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0152 14. Approving the removal of Idriss Abdullahi, Seat 3, and approving the appointment of Angelina Dang, Seat 3; Alontae Gross, Seat 12; and Hayat Yimer, Seat 13, to the Youth Advisory Board for a term expiring July 31, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. COMMUNICATIONS FROM PLANNING AND ZONING 23-0153 15. Regarding request from Hoyt, LLC (Ryan Wade, Officer) for vacation of alley right-of-way in the vicinity of 1601 High Street to allow trash enclosure gates to swing into the existing alleyway. Moved by Gatto to receive and file the communication from the Plan and Zoning Commission, and refer to the Engineering Department, Real Estate Division. Second by Boesen. Motion Carried 7-0. SETTING DATE OF HEARINGS 23-0154 16. On conveyance of an easement for a fiber optic line in a portion of Greenwood Park to Mediacom Communications Corporation for $13,150, (2-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0155 17. On request from LDS Enterprises, LLC (Larry D Sprague, Officer) to rezone 4415 Hubbell Avenue from “MX3” Mixed Use District to Limited “CX” Mixed Use District to allow use of the property for auto body painting, (2-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0156 18. On request from Langworthy Enterprises XIII, LLC (Daniel E. Langworthy, Officer) to amend the PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Low-Medium Density Residential to High Density Residential, and to rezone 1327 13th Street from “N5” Neighborhood District to Limited “NX2” Mixed Use District, to allow use of the property for a multiple-household use with up to 6 dwelling units, (2-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 4 2/6/2023 23-0157 19. On request from Twenty-Five Thirteen Woodland, LLC (Steve Wilke-Shapiro, Officer) to amend the PlanDSM Creating Our Tomorrow Plan to revise the future land use classification of 2513 Woodland Avenue from Low Density Residential to Neighborhood Mixed Use and to rezone the property from “N5” Neighborhood District to Limited “RX1” Mixed Use District to allow renovation of the existing building for an office use, (2-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0158 20. On request from 4820 Ingersoll Propco, LLC (John Manfredy, Officer) to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use designation of 4820 Ingersoll Avenue from Medium Density Residential to High Density Residential to allow redevelopment of the property with a density greater than 17 dwelling units per acre, (2-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0159 21. On establishing the total maximum property tax dollars certified for levy for fiscal year ending June 30, 2024, (2-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0160 22. On the proposed Urban Renewal Plan for the Upper East Village Urban Renewal Area, (3- 6-23). (Council Communication No. 23-069) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0161 23. On the proposed Urban Renewal Plan for the Airport Development Urban Renewal Area, (3- 6-23). (Council Communication No. 23-064) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0162 24. Approving payment to Afton and William Ferguson for a property damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0163 25. Approving payment to MidAmerican Energy for a property damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0164 26. Approving payment to State Farm as subrogee of Rachel Perez for a property damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. APPROVING 23-0165 27. Final Terms of an Urban Renewal Development Agreement and Conceptual Development Plan with Hoyt, LLC for the construction of a 47-unit apartment building located at 610 16th Street. (Council Communication No. 23-070) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 5 2/6/2023 WITHDRAWN 23-0166 28. Amendment to the Parcel Development Agreement and Supplemental Agreement with Blackacre Development, LLC, and River Point West, LLC, regarding the construction of a mixed-use development with an outdoor sports and entertainment venue along SW 14th Street, south of W. Martin Luther King Jr. Parkway. (Council Communication No. 23-068) 23-0167 29. First Amendment and Assignment of Urban Renewal Development Agreement with ND 22 Fleming, LLC and Assignment for Collateral. (Council Communication No. 23-065) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0168 30. Purchase of 1.74 acres of forested wetland mitigation credits from the C & W Hunter Mitigation Bank for the Des Moines Levee Alterations – Phase C, $113,400. (Council Communication No. 23-056) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0169 31. First amendment to agreement to transfer and develop potential carbon and environmental credits with Trees Forever, Inc. (Council Communication No. 23-071) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0170 32. Submitting applications for the 2023 Homeland Security Grant Program on behalf of the statewide Weapons of Mass Destruction (WMD/SWAT) and the Explosive Ordnance Detection (EOD) teams with an additional application for the 2019 Homeland Security Reallocation grant on behalf of the WMD/SWAT statewide teams. (Council Communication No. 23-067) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Nays: Sheumaker. 23-0171 33. Appointment of Rachel Brown as Deputy City Clerk. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0172 34. Communication from the Greater Des Moines Partnership on behalf of the Iowa State Fair, requesting approval of placement for up to 25 banners to be displayed on banner poles in downtown Des Moines beginning the first week of July 2023. Moved by Gatto to receive, file and approve. Second by Boesen. Motion Carried 7-0. 23-0173 35. Abatement of public nuisance at 1807 York Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0174 36. Release of Fire Escrow at 5601 Kingman Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0175 37. Procurement from Diamond Vogel Paint of traffic paint per State of Iowa Department of Transportation contract for use by the Engineering Department, $125,000. (Council Communication No. 23-058) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 6 2/6/2023 23-0176 38. Procurement from Gray Manufacturing Company, Inc. of twelve (12) Wireless Portable Lift Systems per Houston Galveston Area Council (HGAC) contract for use by the Fire Department, $147,672.84. (Council Communication No. 23-049) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0177 39. Purchase from Bob Brown Chevrolet Inc. (Tim Manning, General Manager) of auto body repairs per State of Iowa Department of Administrative Services (DAS) contract for use by Fleet Services, estimated amount $50,000. (Council Communication No. 23-053) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0178 40. Additional funds of $200,000 for auto body repairs from Stew Hansen Dodge City (Dan Boettcher, General Manager) per State of Iowa Department of Administrative Services (DAS) contract for use by Fleet Services, estimated annual amount $350,000. (Council Communication No. 23-054) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0179 41. Purchase from Housby Mack Inc. (Kelly Housby, CEO) for six (6) heavy truck chassis with one (1) chassis upfitted with a forestry aerial lift, $1,080,621; from McNeilus Truck and Manufacturing (Brad Nelson, President) two (2) chassis upfitted with manual automated side loading solid waste collection bodies and two (2) chassis upfitted with front loading refuse bodies, $742,652; and from Henderson Products Inc. (John Sievert, President) one (1) chassis upfitted with a dump body and snow plow equipment, $144,778 per Sourcewell contracts for use by the Public Works Department, total cost $1,968,051. (Council Communication No. 23-052) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-0180 42. Authorizing Finance Director to draw checks on registers for the weeks of February 6 and February 13, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of February 6 and February 13, 2023; to draw checks for biweekly payroll due February 10, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 43 THRU 45) 23-0181 43. 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 Boesen to adopt. Second by Gatto. Motion Carried 7-0. 23-0182 44. 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. (Council Communication No. 23-051) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Nays: Sheumaker. 7 2/6/2023 23-0183 45. On Fleur Drive Reconstruction, Phase 3 from Watrous Avenue to McKinley Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as InRoads, LLC. (Joseph J. Manatt, CEO), $7,322,217.50. (Council Communication No. 23-048) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-0184 (A) Approval of contract and bond and permission to sublet. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. ***END HEARINGS AT 5:17 PM*** ORDINANCES – SECOND CONSIDERATION 23-0185 46. 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 that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. 23-0186 (A) Final consideration of ordinance above (waiver requested by Dennis Flora, President Git-N-Go), 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, #16,220. Second by Boesen. Motion Carried 7-0. ORDINANCES – FIRST CONSIDERATION 23-0187 47. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation changes as follows: (Council Communication No. 23-050) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. (A) Code Correction – Update parking restriction on 16th Street and Linden Street due to prior street vacation. (B) Code Correction – Update parking restriction on Maury Street, Shaw Street and Vale Street due to prior street vacation. 23-0188 (C) Final consideration of ordinance above, 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, #16,221. Second by Boesen. Motion Carried 7-0. 8 2/6/2023  COMMUNICATIONS/REPORTS 23-0189 48. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. (A) Tanja Garrison (B) Adam Callanan (C) Kim Weeks – did not speak. (D) Jolene Prescott (E) Joann Muldoon (F) Carolyn Uhlenhake Walker 23-0190 MOTION TO ADJOURN. Moved by Voss to adjourn at 5:29 PM. Second by Gatto. 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 9 2/6/2023