City Council
Regular MeetingDes Moines, IA · February 20, 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
February 20, 2023
5:00 PM
23-0195 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard.
Absent: Sheumaker. Council Member Sheumaker entered the meeting during item 2.
23-0196 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto
to adopt. Second by Boesen. Motion Carried 7-0.
23-0197 3. APPROVING CONSENT AGENDA * – items 3 through 44: Moved by Gatto to adopt
the balance of the Consent Agenda. Second by Voss. 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 2/20/2023
LICENSES AND PERMITS
23-0198 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to
adopt. Second by Voss. Motion Carried 7-0. Council Member Gatto declares a conflict
of interest and abstains from voting on items 4A and 4G.
NEW APPLICATIONS
*(A) CAFE BARATTAS 600 E LOCUST ST Class C Liquor
(B) DISTRICT 212 4TH ST Class C Liquor
(C) MISFITS SALOON AND GRILL 607 SE 30TH ST Class C Liquor
(D) OAK PARK TEST KITCHEN 1011 LOCUST ST #101 Class C Liquor
(E) SODEXO LIVE! 1 LINE DR Class C Liquor
RENEWAL APPLICATIONS
(F) ANNIES IRISH PUB 204 3RD ST Class C Liquor
*(G) BARATTAS RESTAURANT 7401 SW 9TH ST Class C Liquor
(H) BB & BISTRO/OTTS 4121 SE 14TH ST #B Class C Liquor
(I) CASH SAVER #34 4121 FLEUR DR Class E Liquor
(J) CENTRAL CITY LIQUOR 1460 2ND AVE Class E Liquor
(K) CURBIN CUISINE 2713 BEAVER AVE Special Class C
(L) DISTRICT 216 COURT AVE #101 Class C Liquor
(M) EAST END LIQUOR 3804 HUBBELL AVE Class E Liquor
(N) ERNIES BOONDOCK 440 E GRAND AVE #A Class C Liquor
(O) GATEWAY MARKET MLK 2002 WOODLAND AVE Class C Liquor
(P) GIT N GO STORE #28 3274 E UNIVERSITY AVE Class B Retail
(Q) H & A MINI MART 5901 FLEUR DR Class E Liquor
(R) HILTON DES MOINES 435 PARK ST Class C Liquor
(S) INGERSOLL LIQUOR 3500 INGERSOLL AVE Class E Liquor
(T) LA TAPATIA 1440 DES MOINES ST Class C Beer
(U) SIMONS 5800 FRANKLIN AVE Class C Liquor
(V) STRANDED AT D & R 1922 HUBBELL AVE Class C Liquor
(W) WASABI CHI 5418 DOUGLAS AVE Class C Liquor
(X) WEST END LOUNGE 2309 FOREST AVE Class C Liquor
(Y) WOOLYS 504 E LOCUST ST Class C Liquor
SPECIAL EVENT APPLICATION
(Z) APRES BAR CO 2610 MCKINLEY AVE 5 days
CLASS C LIQUOR LICENSE FOR AN EVENT ON MARCH 2, 2023.
TRANSFER TO NEW LOCATION
(AA) ELWELL FAMILY FOOD 3000 E GRAND AVE #052 Class C Liquor
TEMPORARY TO THE CATTLE BARN FOR A SWINE SALE ON MARCH 3 –
4, 2023.
23-0199 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Moved by Gatto to adopt.
Second by Voss. Motion Carried 7-0.
2 2/20/2023
PUBLIC IMPROVEMENTS
6. Ordering construction of the following:
23-0200 (A) New York Avenue from 44th Street to 45th Street Reconstruction: Receiving of bids, (3-
7-23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $370,000. (Council
Communication No. 23-094) Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0201 (B) 2023 HMA Residential Paving Program Contract 1 – LOSST: Receiving of bids, (3-7-
23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $1,054,000. (Council
Communication No. 23-092) Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0202 (C) 2023-2024 HMA Pavement Scarification and Resurfacing: Receiving of bids, (3-7-23)
and Setting date of hearing, (3-27-23), Engineer’s estimate, $250,000. (Council
Communication No. 23-093) Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0203 7. Approving and authorizing the application for a U.S. Department of Transportation (DOT)
Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary
Grant for the Southeast Connector Project between SE 30th Street and US Highway 65.
(Council Communication No. 23-095) Moved by Gatto to adopt. Second by Boesen.
Motion Carried 6-1. Pass: Sheumaker.
23-0204 8. Approving and authorizing the execution of the Iowa Department of Transportation (IDOT)
Agreement for the SW 9th Street Viaduct Rehabilitation. (Council Communication No.
23-078) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0205 9. Approving Supplemental Agreement No. 1 to the Professional Services Agreement (PSA)
with Bolton & Menk, Inc. for construction observation services for University Avenue
Rehabilitation, 4908 University Avenue to 39th Street, not to exceed $109,490. (Council
Communication No. 23-077) Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0206 10. Approving Supplemental Agreement No. 2 to the Professional Services Agreement (PSA)
with Kirkham Michael & Associates, Inc. for professional services for Hamilton Drain Storm
Water Improvements, not to exceed $375,000. (Council Communication No. 23-076)
Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0207 11. Approving Change Order No. 1 with Van Maanen Electric, Inc. for additional work on
Harriet Street Solar Field, in the amount of $1,015,484. (Council Communication No. 23-
086) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
3 2/20/2023
12. Accepting completed construction and approving final payment for the following:
23-0208 (A) 2021-2022 HMA Pavement Scarification and Resurfacing, Grimes Asphalt and Paving
Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0209 (B) River Oaks Drive Reconstruction from Muskogee Avenue to Lincoln Place Drive,
Hawkeye Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
LAND/PROPERTY TRANSACTIONS
23-0210 13. Approval of final subdivision plat and acceptance of subdivision bond for West Edge
Rowhomes Plat 1. (Council Communication No. 23-098) Moved by Gatto to adopt.
Second by Voss. Motion Carried 7-0.
23-0211 14. Approving eighty-five (85) tax abatement applications for the additional value added by
improvements completed in 2022. (Council Communication No. 23-099) Moved by Gatto
to adopt and to approve the applications for the total number of years in the applicable
exemption schedule, with the schedule to commence with the taxes payable in
FY2022/23. Second by Voss. Motion Carried 7-0.
23-0212 15. Authorization to proceed with acquisition of the necessary property interests for the 2025
Neighborhood Sidewalk Program. (Council Communication No. 23-085) Moved by Gatto
to adopt. Second by Voss. Motion Carried 7-0.
23-0213 16. Authorization to proceed with acquisition of the necessary property interests for the 2024
Neighborhood Sidewalk Program. (Council Communication No. 23-084) Moved by Gatto
to adopt. Second by Voss. Motion Carried 7-0.
BOARDS/COMMISSIONS/NEIGHBORHOODS
23-0214 17. Recommendation from Council Member Mandelbaum to appoint Madison Dierks to the
Urban Design Review Board, Seat 6, for a three-year term expiring June 30, 2024. Moved
by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0215 17-I Recommendation from Mayor T.M. Franklin Cownie to appoint Susan Bolte to the Civil
Service Commission, Seat 2, for a four-year term expiring March 31, 2023, with an
additional term commencing April 1, 2023, and expiring March 31, 2027. Moved by Gatto
to adopt. Second by Voss. Motion Carried 7-0.
23-0216 18. Recommendation from Mayor T.M. Franklin Cownie to reappoint Scott Bents to the
Transportation Safety Committee, Seat 1, for a three-year term expiring December 30, 2025.
Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
4 2/20/2023
COMMUNICATIONS FROM PLANNING AND ZONING
23-0217 19. Regarding requests from Hubbell Realty Company (Steve Moseley, Officer) to receive and
file Large Scale Development Plan and Preliminary Plat “Woodmont” for property located
in the vicinity of 4425 E. Douglas Avenue which would allow subdivision and development
of approximately 171.2 acres with 489 one-household residential lots. Moved by Gatto to
adopt. Second by Voss. Motion Carried 7-0.
SETTING DATE OF HEARINGS
23-0218 20. On conveyance of City-owned property to Neighborhood Finance Corporation for
redevelopment of housing, (3-6-23). Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0219 21. On conveyance of excess City property locally known as 85 Jefferson Avenue to LT Leon
Associates, Inc, $15,000, (3-6-23). Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0220 22. On conveyance of excess City property locally known as 1439 and 1445 Michigan Street to
TD & MD, LLC, $40,000, (3-6-23). Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0221 23. On land exchange agreement with Jerry’s Homes, Inc. for property located between E.
Payton Avenue and E. Army Post Road for the Carlisle Trail Connection Project, (3-6-23).
Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0222 24. On request from Urban Dreams (Izaah Knox, Officer) to amend the PlanDSM Creating Our
Tomorrow Plan to revise the future land use classification from Industrial to Community
Mixed Use, and to rezone 1615 2nd Avenue from “I1” Industrial District to “MX3” Mixed
Use District to allow renovation and reuse of the existing building for “Office” and
“Assembly” uses, (3-6-23). Moved by Gatto to adopt. Second by Voss. Motion Carried
7-0.
23-0223 25. On request from WC MRP Des Moines Center, LLC (Natin Paul, Officer) for review and
approval of a first amendment to the Southdale PUD Conceptual Plan at 4900 SE 14th Street
to allow expansion of a retail use (Home Depot) to include additional outdoor display and
merchandising in the parking lot, (3-6-23). Moved by Gatto to adopt. Second by Voss.
Motion Carried 7-0.
23-0224 26. On request from Hubbell Realty Company (Caleb Smith, Officer) for review and approval
of a First Amendment to the Gray’s Station PUD Conceptual Plan for property located in the
vicinity of 1300 Tuttle Street to update the realignment of SW 13th Street and to revise review
requirements for future PUD Development site plans, (3-6-23). Moved by Gatto to adopt.
Second by Voss. Motion Carried 7-0.
5 2/20/2023
23-0225 27. On request from Hubbell Realty Company (Caleb Smith, Officer) for review and approval
of PUD final development plan for “Grays Station Telus Condos” for property located in the
vicinity of 1300 Tuttle Street to allow development of the property with the construction of
two condo buildings containing 84 residential units, (3-6-23). Moved by Gatto to adopt.
Second by Voss. Motion Carried 7-0.
23-0226 28. On request from Hubbell Realty Company (Caleb Smith, Officer) for review and approval
of the PUD final development plan for “Gray’s Station Plat 5 Townhomes and Clubhouse”
for property located in the vicinity of 1300 Tuttle Street to allow for construction of 65
townhomes and a clubhouse amenity building, (3-6-23). Moved by Gatto to adopt. Second
by Voss. Motion Carried 7-0.
23-0227 29. On request from Gassmann Real Estate, LLC (Jason Gassmann, Officer) regarding an appeal
of the denial of Type 2 Design Alternatives necessary for construction of a 10-foot tall,
electrified security fence on property located at 2822 6th Avenue, (3-6-23). Moved by Gatto
to adopt. Second by Voss. Motion Carried 7-0.
CITY MANAGER COMMUNICATIONS
23-0228 30. Submitting travel and training request for T.M. Franklin Cownie. (Council Communication
No. 23-102) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
APPROVING
23-0229 31. Home Investment Partnership Program (Home) Agreement with Community Housing
Initiatives, Inc. for Evergreen Trail Rehabilitation, $280,000. (Council Communication No.
23-091) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0230 32. 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. 23-089)
Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0231 33. First Amendment to an Economic Development Assistance Contract with the Iowa
Economic Development Authority (IEDA), Helena Industries, LLC and City of Des Moines
under the High Quality Jobs Program. (Council Communication No. 23-101) Moved by
Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0232 34. Request to Polk County for Tax Sale Certificates and Agreement with Home Opportunities
Made Easy, Inc. for development and/or rehabilitation of housing. (Council Communication
No. 23-090) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
6 2/20/2023
23-0233 35. ARPA funding agreement with Neighborhood Finance Corporation for the Energy
Advantage Program. (Council Communication No. 23-103) Moved by Gatto to adopt.
Second by Voss. Motion Carried 7-0.
23-0234 36. ARPA funding agreement with Des Moines Public Schools for expanded preschool services
for six additional classrooms, $3,300.000. (Council Communication No. 23-087) Moved
by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0235 37. ARPA funding agreement with Des Moines Public Schools (DMPS) for expanded preschool
and associated wrap around care, $600,000. (Council Communication No. 23-088) Moved
by Gatto to adopt. Second by Voss. Motion Carried 7-0.
38. Abatement of public nuisance as follows:
23-0236 (A) 809 Knob Hill Drive. Moved by Gatto to adopt. Second by Voss. Motion Carried
7-0.
23-0237 (B) 1021 SE 14th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried
7-0.
23-0238 (C) 712 Marion Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0239 (D) 1540 Des Moines Street. Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
23-0240 (E) 3319 SW 7th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried
7-0.
23-0241 (F) 1102 Army Post Road. Moved by Gatto to adopt. Second by Voss. Motion Carried
7-0.
39. Communication of fire escrow at the following locations:
23-0242 (A) 696 18th Street. Moved by Gatto to receive and file and to direct the City Attorney
to bring legal action within one hundred eighty (180) days of certified mail notice
dated December 20, 2022, if owner(s) has not demolished or renovated the
structure. Second by Voss. Motion Carried 7-0.
23-0243 (B) 1200 Lewis Avenue. Moved by Gatto to receive and file and to direct the City
Attorney to bring legal action within one hundred eighty (180) days of certified
mail notice dated January 24, 2023, if owner(s) has not demolished or renovated
the structure. Second by Voss. Motion Carried 7-0.
23-0244 40. Additional funds of $100,000 for the annual agreement with Central Iowa Ready Mix,
Norwalk Ready Mix Concrete, Liberty Ready Mix and CTI Ready Mix to furnish Portland
Cement Concrete for use by the Public Works Department, estimated annual amount
$600,000. (Council Communication No. 23-073) Moved by Gatto to adopt. Second by
Voss. Motion Carried 7-0.
7 2/20/2023
23-0245 41. Additional funds of $100,000 for the annual agreement with Stone Cross Lawn & Landscape
LLC for sidewalk snow removal services to be used by the Public Works Department,
estimated annual amount $400,000. (Council Communication No. 23-074) Moved by
Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0246 42. Additional funds of $250,000 for the annual agreement with Arbor Masters and Wright
Outdoor Solutions for Emerald Ash Borer (EAB) Management Services for use by the Public
Works Department, estimated annual amount $962,221.67. (Council Communication No.
23-072) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0247 43. Purchase from Heartland Business Systems (Peter Helander, CEO) of Cisco IE4000 network
hardware for intelligent transportations systems per State of Iowa and ValuePoint contracts
for use by the Information Technology Department, $396,113.60. (Council Communication
No. 23-075) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
23-0248 44. Authorizing Finance Director to draw checks on registers for the weeks of February 20 and
February 27, 2023; to draw checks for the bills of the Des Moines Municipal Housing
Agency for the weeks of February 20 and February 27, 2023; to draw checks for biweekly
payroll due February 24, 2023. Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
* * * * * * * * * END CONSENT AGENDA * * * * * * * * * *
HEARINGS (OPEN AT 5:00 P.M.) (ITEM 45 THRU 54)
23-0249 45. On conveyance of an easement for a fiber optic line in a portion of Greenwood Park to
Mediacom Communications Corporation for $13,150. Moved by Mandelbaum to adopt.
Second by Gatto. Motion Carried 7-0.
23-0250 46. 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. Moved by
Mandelbaum to adopt. Second by Boesen. Motion Carried 7-0.
23-0251 (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.
23-0252 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,222. Second by Boesen.
Motion Carried 7-0.
8 2/20/2023
23-0253 47. 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. Moved by
Sheumaker to adopt. Second by Gatto. Motion Carried 7-0.
23-0254 (A) First consideration of ordinance above. Moved by Sheumaker that this ordinance
be considered and given first vote for passage. Second by Gatto. Motion Carried
7-0.
23-0255 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,223. Second by Gatto.
Motion Carried 7-0.
23-0256 48. 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. Moved by Westergaard to adopt. Second by
Boesen. Motion Carried 7-0.
23-0257 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance
be considered and given first vote for passage. Second by Boesen. Motion Carried
7-0.
WITHDRAWN
23-0258 (B) Final consideration of ordinance above (waiver requested by the applicant), requires six
votes.
23-0259 49. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0.
23-0260 50. On establishing the total maximum property tax dollars certified for levy for fiscal year
ending June 30, 2024. (Council Communication No. 23-097) Moved by Gatto to adopt.
Second by Boesen. Motion Carried 7-0.
9 2/20/2023
23-0261 51. On SW 8th Street Viaduct Rehabilitation: 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), $872,375. (Council Communication No. 23-079) Moved by Mandelbaum to
adopt. Second by Boesen. Motion Carried 7-0.
23-0262 (A) Approval of contract and bond and permission to sublet. Moved by Mandelbaum to
adopt. Second by Boesen. Motion Carried 7-0.
23-0263 52. On Pennsylvania Avenue Rehabilitation from E. Washington to E. Jefferson: Resolution
approving plans, specifications, form of contract documents, engineer’s estimate, receive and
file bids, and designating the lowest responsive, responsible bidder as MPS Engineers, PC
d/b/a Kingston Services, PC (Umesh G. Shetye, President), $304,213.75. (Council
Communication No. 23-080) Moved by Westergaard to adopt. Second by Voss. Motion
Carried 7-0.
23-0264 (A) Approval of contract and bond and permission to sublet. Moved by Westergaard to
adopt. Second by Voss. Motion Carried 7-0.
23-0265 53. On E. 4th Street Reconstruction from East ML King Jr. Parkway to E. Market Street:
Resolution approving plans, specifications, form of contract documents, engineer’s estimate,
receive and file bids, and designating the lowest responsive, responsible bidder as Absolute
Concrete Construction, Inc. d/b/a Absolute Group (Sonny Hall, President), $4,969,142.50.
(Council Communication No. 23-082) Moved by Mandelbaum to adopt. Second by Voss.
Motion Carried 7-0.
23-0266 (A) Approval of contract and bond and permission to sublet. Moved by Mandelbaum to
adopt. Second by Voss. Motion Carried 7-0.
23-0267 54. Reject all bids on Western Gateway Water Features and close hearing on the plans,
specifications, form of contract documents, and engineer’s estimate. (Council
Communication No. 23-081) Moved by Mandelbaum to adopt. Second by Boesen.
Motion Carried 7-0.
***END HEARINGS AT 5:33 PM***
APPROVING II
23-0268 55. Donation and Naming Agreements for Des Moines North Side Community Recreation
Center, Approving Naming of Center and Portions of Center, and Authorizing City Manager
to determine effective date of such naming. (Council Communication No. 23-096) Moved
by Sheumaker to adopt. Second by Gatto. Motion Carried 7-0.
10 2/20/2023
ORDINANCES FIRST CONSIDERATION
23-0269 56. Amending Chapter 26 of the Municipal Code relating to building and building regulation.
(Council Communication No. 23-100) Moved by Gatto that this ordinance be
considered and given first vote for passage. Second by Westergaard. Motion Carried
7-0.
23-0270 (A) 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, #16,224. Second by Boesen. Motion Carried 7-0.
COMMUNICATIONS/REPORTS
23-0271 57. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen.
Motion Carried 7-0.
(A) Luis G Arredondo
(B) Adam Callanan
MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:55 PM. Second by Boesen. Motion
Carried 7-0.
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11 2/20/2023
Agenda
DES MOINES CITY COUNCIL MEETING
City Hall, City Council Chambers
400 Robert D. Ray Drive
Des Moines, Iowa 50309
February 20, 2023
5:00 PM
1. ROLL CALL:
2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
3. APPROVING CONSENT AGENDA * – items 3 through 44:
*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) CAFE BARATTAS 600 E LOCUST ST Class C Liquor
(B) DISTRICT 212 4TH ST Class C Liquor
(C) MISFITS SALOON AND GRILL 607 SE 30TH ST Class C Liquor
(D) OAK PARK TEST KITCHEN 1011 LOCUST ST #101 Class C Liquor
(E) SODEXO LIVE! 1 LINE DR Class C Liquor
RENEWAL APPLICATIONS
(F) ANNIES IRISH PUB 204 3RD ST Class C Liquor
(G) BARATTAS RESTAURANT 7401 SW 9TH ST Class C Liquor
(H) BB & BISTRO/OTTS 4121 SE 14TH ST #B Class C Liquor
(I) CASH SAVER #34 4121 FLEUR DR Class E Liquor
(J) CENTRAL CITY LIQUOR 1460 2ND AVE Class E Liquor
(K) CURBIN CUISINE 2713 BEAVER AVE Special Class C
(L) DISTRICT 216 COURT AVE #101 Class C Liquor
(M) EAST END LIQUOR 3804 HUBBELL AVE Class E Liquor
(N) ERNIES BOONDOCK 440 E GRAND AVE #A Class C Liquor
(O) GATEWAY MARKET MLK 2002 WOODLAND AVE Class C Liquor
1
(P) GIT N GO STORE #28 3274 E UNIVERSITY AVE Class B Retail
(Q) H & A MINI MART 5901 FLEUR DR Class E Liquor
(R) HILTON DES MOINES 435 PARK ST Class C Liquor
(S) INGERSOLL LIQUOR 3500 INGERSOLL AVE Class E Liquor
(T) LA TAPATIA 1440 DES MOINES ST Class C Beer
(U) SIMONS 5800 FRANKLIN AVE Class C Liquor
(V) STRANDED AT D & R 1922 HUBBELL AVE Class C Liquor
(W) WASABI CHI 5418 DOUGLAS AVE Class C Liquor
(X) WEST END LOUNGE 2309 FOREST AVE Class C Liquor
(Y) WOOLYS 504 E LOCUST ST Class C Liquor
SPECIAL EVENT APPLICATION
(Z) APRES BAR CO 2610 MCKINLEY AVE 5 days
CLASS C LIQUOR LICENSE FOR AN EVENT ON MARCH 2, 2023.
TRANSFER TO NEW LOCATION
(AA) ELWELL FAMILY FOOD 3000 E GRAND AVE #052 Class C Liquor
TEMPORARY TO THE CATTLE BARN FOR A SWINE SALE ON MARCH 3
– 4, 2023.
5. City Clerk to issue Coin Operated Machine Licenses.
PUBLIC IMPROVEMENTS
6. Ordering construction of the following:
(A) New York Avenue from 44th Street to 45th Street Reconstruction: Receiving of bids,
(3-7-23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $370,000.
(Council Communication No. 23-094)
(B) 2023 HMA Residential Paving Program Contract 1 – LOSST: Receiving of bids, (3-
7-23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $1,054,000.
(Council Communication No. 23-092)
(C) 2023-2024 HMA Pavement Scarification and Resurfacing: Receiving of bids, (3-7-
23) and Setting date of hearing, (3-27-23), Engineer’s estimate, $250,000.
(Council Communication No. 23-093)
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7. Approving and authorizing the application for a U.S. Department of Transportation (DOT)
Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary
Grant for the Southeast Connector Project between SE 30th Street and US Highway 65.
(Council Communication No. 23-095)
8. Approving and authorizing the execution of the Iowa Department of Transportation
(IDOT) Agreement for the SW 9th Street Viaduct Rehabilitation.
(Council Communication No. 23-078)
9. Approving Supplemental Agreement No. 1 to the Professional Services Agreement
(PSA) with Bolton & Menk, Inc. for construction observation services for University
Avenue Rehabilitation, 4908 University Avenue to 39th Street, not to exceed $109,490.
(Council Communication No. 23-077)
10. Approving Supplemental Agreement No. 2 to the Professional Services Agreement (PSA)
with Kirkham Michael & Associates, Inc. for professional services for Hamilton Drain
Storm Water Improvements, not to exceed $375,000.
(Council Communication No. 23-076)
11. Approving Change Order No. 1 with Van Maanen Electric, Inc. for additional work on
Harriet Street Solar Field, in the amount of $1,015,484.
(Council Communication No. 23-086)
12. Accepting completed construction and approving final payment for the following:
(A) 2021-2022 HMA Pavement Scarification and Resurfacing, Grimes Asphalt and
Paving Corporation.
(B) River Oaks Drive Reconstruction from Muskogee Avenue to Lincoln Place Drive,
Hawkeye Paving Corporation.
LAND/PROPERTY TRANSACTIONS
13. Approval of final subdivision plat and acceptance of subdivision bond for West Edge
Rowhomes Plat 1.
(Council Communication No. 23-098)
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14. Approving eighty-five (85) tax abatement applications for the additional value added by
improvements completed in 2022.
(Council Communication No. 23-099)
15. Authorization to proceed with acquisition of the necessary property interests for the 2025
Neighborhood Sidewalk Program.
(Council Communication No. 23-085)
16. Authorization to proceed with acquisition of the necessary property interests for the 2024
Neighborhood Sidewalk Program.
(Council Communication No. 23-084)
BOARDS/COMMISSIONS/NEIGHBORHOODS
17. Recommendation from Council Member Mandelbaum to appoint Madison Dierks to the
Urban Design Review Board, Seat 6, for a three-year term expiring June 30, 2024.
17-I Recommendation from Mayor T.M. Franklin Cownie to appoint Susan Bolte to the Civil
Service Commission, Seat 2, for a four-year term expiring March 31, 2023, with an
additional term commencing April 1, 2023, and expiring March 31, 2027.
18. Recommendation from Mayor T.M. Franklin Cownie to reappoint Scott Bents to the
Transportation Safety Committee, Seat 1, for a three-year term expiring December 30,
2025.
COMMUNICATIONS FROM PLANNING AND ZONING
19. Regarding requests from Hubbell Realty Company (Steve Moseley, Officer) to receive
and file Large Scale Development Plan and Preliminary Plat “Woodmont” for property
located in the vicinity of 4425 E. Douglas Avenue which would allow subdivision and
development of approximately 171.2 acres with 489 one-household residential lots.
SETTING DATE OF HEARINGS
20. On conveyance of City-owned property to Neighborhood Finance Corporation for
redevelopment of housing, (3-6-23).
21. On conveyance of excess City property locally known as 85 Jefferson Avenue to LT Leon
Associates, Inc, $15,000, (3-6-23).
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22. On conveyance of excess City property locally known as 1439 and 1445 Michigan Street
to TD & MD, LLC, $40,000, (3-6-23).
23. On land exchange agreement with Jerry’s Homes, Inc. for property located between E.
Payton Avenue and E. Army Post Road for the Carlisle Trail Connection Project, (3-6-23).
24. On request from Urban Dreams (Izaah Knox, Officer) to amend the PlanDSM Creating
Our Tomorrow Plan to revise the future land use classification from Industrial to
Community Mixed Use, and to rezone 1615 2nd Avenue from “I1” Industrial District to
“MX3” Mixed Use District to allow renovation and reuse of the existing building for
“Office” and “Assembly” uses, (3-6-23).
25. On request from WC MRP Des Moines Center, LLC (Natin Paul, Officer) for review and
approval of a first amendment to the Southdale PUD Conceptual Plan at 4900 SE 14th
Street to allow expansion of a retail use (Home Depot) to include additional outdoor
display and merchandising in the parking lot, (3-6-23).
26. On request from Hubbell Realty Company (Caleb Smith, Officer) for review and approval
of a First Amendment to the Gray’s Station PUD Conceptual Plan for property located in
the vicinity of 1300 Tuttle Street to update the realignment of SW 13th Street and to revise
review requirements for future PUD Development site plans, (3-6-23).
27. On request from Hubbell Realty Company (Caleb Smith, Officer) for review and approval
of PUD final development plan for “Grays Station Telus Condos” for property located in
the vicinity of 1300 Tuttle Street to allow development of the property with the
construction of two condo buildings containing 84 residential units, (3-6-23).
28. On request from Hubbell Realty Company (Caleb Smith, Officer) for review and approval
of the PUD final development plan for “Gray’s Station Plat 5 Townhomes and Clubhouse”
for property located in the vicinity of 1300 Tuttle Street to allow for construction of 65
townhomes and a clubhouse amenity building, (3-6-23).
29. On request from Gassmann Real Estate, LLC (Jason Gassmann, Officer) regarding an
appeal of the denial of Type 2 Design Alternatives necessary for construction of a 10-foot
tall, electrified security fence on property located at 2822 6th Avenue, (3-6-23).
CITY MANAGER COMMUNICATIONS
30. Submitting travel and training request for T.M. Franklin Cownie.
(Council Communication No. 23-102)
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APPROVING
31. Home Investment Partnership Program (Home) Agreement with Community Housing
Initiatives, Inc. for Evergreen Trail Rehabilitation, $280,000.
(Council Communication No. 23-091)
32. 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. 23-089)
33. First Amendment to an Economic Development Assistance Contract with the Iowa
Economic Development Authority (IEDA), Helena Industries, LLC and City of Des
Moines under the High Quality Jobs Program.
(Council Communication No. 23-101)
34. Request to Polk County for Tax Sale Certificates and Agreement with Home Opportunities
Made Easy, Inc. for development and/or rehabilitation of housing.
(Council Communication No. 23-090)
35. ARPA funding agreement with Neighborhood Finance Corporation for the Energy
Advantage Program.
(Council Communication No. 23-103)
36. ARPA funding agreement with Des Moines Public Schools for expanded preschool
services for six additional classrooms, $3,300.000.
(Council Communication No. 23-087)
37. ARPA funding agreement with Des Moines Public Schools (DMPS) for expanded
preschool and associated wrap around care, $600,000.
(Council Communication No. 23-088)
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38. Abatement of public nuisance as follows:
(A) 809 Knob Hill Drive.
(B) 1021 SE 14th Street.
(C) 712 Marion Street.
(D) 1540 Des Moines Street.
(E) 3319 SW 7th Street.
(F) 1102 Army Post Road.
39. Communication of fire escrow at the following locations:
(A) 696 18th Street.
(B) 1200 Lewis Avenue.
40. Additional funds of $100,000 for the annual agreement with Central Iowa Ready Mix,
Norwalk Ready Mix Concrete, Liberty Ready Mix and CTI Ready Mix to furnish Portland
Cement Concrete for use by the Public Works Department, estimated annual amount
$600,000.
(Council Communication No. 23-073)
41. Additional funds of $100,000 for the annual agreement with Stone Cross Lawn &
Landscape LLC for sidewalk snow removal services to be used by the Public Works
Department, estimated annual amount $400,000.
(Council Communication No. 23-074)
42. Additional funds of $250,000 for the annual agreement with Arbor Masters and Wright
Outdoor Solutions for Emerald Ash Borer (EAB) Management Services for use by the
Public Works Department, estimated annual amount $962,221.67.
(Council Communication No. 23-072)
43. Purchase from Heartland Business Systems (Peter Helander, CEO) of Cisco IE4000
network hardware for intelligent transportations systems per State of Iowa and ValuePoint
contracts for use by the Information Technology Department, $396,113.60.
(Council Communication No. 23-075)
44. Authorizing Finance Director to draw checks on registers for the weeks of February 20
and February 27, 2023; to draw checks for the bills of the Des Moines Municipal Housing
Agency for the weeks of February 20 and February 27, 2023; to draw checks for biweekly
payroll due February 24, 2023.
* * * * * * * * * END CONSENT AGENDA * * * * * * * * * *
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HEARINGS (OPEN AT 5:00 P.M.) (ITEM 45 THRU 54)
45. On conveyance of an easement for a fiber optic line in a portion of Greenwood Park to
Mediacom Communications Corporation for $13,150.
46. 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.
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above (waiver requested by the applicant), requires
six votes.
47. 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.
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above (waiver requested by the applicant), requires
six votes.
48. 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.
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above (waiver requested by the applicant), requires
six votes.
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49. 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.
50. On establishing the total maximum property tax dollars certified for levy for fiscal year
ending June 30, 2024.
(Council Communication No. 23-097)
51. On SW 8th Street Viaduct Rehabilitation: 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), $872,375.
(Council Communication No. 23-079)
(A) Approval of contract and bond and permission to sublet.
52. On Pennsylvania Avenue Rehabilitation from E. Washington to E. Jefferson: Resolution
approving plans, specifications, form of contract documents, engineer’s estimate, receive
and file bids, and designating the lowest responsive, responsible bidder as MPS Engineers,
PC d/b/a Kingston Services, PC (Umesh G. Shetye, President), $304,213.75.
(Council Communication No. 23-080)
(A) Approval of contract and bond and permission to sublet.
53. On E. 4th Street Reconstruction from East ML King Jr. Parkway to E. Market Street:
Resolution approving plans, specifications, form of contract documents, engineer’s
estimate, receive and file bids, and designating the lowest responsive, responsible bidder
as Absolute Concrete Construction, Inc. d/b/a Absolute Group (Sonny Hall, President),
$4,969,142.50.
(Council Communication No. 23-082)
(A) Approval of contract and bond and permission to sublet.
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54. Reject all bids on Western Gateway Water Features and close hearing on the plans,
specifications, form of contract documents, and engineer’s estimate.
(Council Communication No. 23-081)
***END HEARINGS AT ___________________________PM***
APPROVING II
55. Donation and Naming Agreements for Des Moines North Side Community Recreation
Center, Approving Naming of Center and Portions of Center, and Authorizing City
Manager to determine effective date of such naming.
(Council Communication No. 23-096)
ORDINANCES FIRST CONSIDERATION
56. Amending Chapter 26 of the Municipal Code relating to building and building regulation.
(Council Communication No. 23-100)
COMMUNICATIONS/REPORTS
57. Requests to speak as follows:
(A) Luis G Arredondo
(B) Adam Callanan
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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