Muyni
← Back to Des Moines

City Council

Regular Meeting

Des Moines, IA · April 24, 2023

AgendaMinutes

Minutes

*** DES MOINES CITY COUNCIL MEETING REPORT *** The City Council took the following action on items listed in the attached meeting agenda summary. Copies of ordinances, resolutions and other Council action may be obtained from the City Clerk's Office (515) 283-4209. The six-digit number beginning with '23-' preceding each item on the agenda is a roll call number assigned by the City Clerk. Please refer to this number when requesting information or copies. SUMMARY OF DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 April 24, 2023 5:00 PM I. CLOSED SESSION – 4:00 PM 23-0554 (A) Roll Call. Present: Cownie, Boesen, Gatto, Voss and Westergaard. Absent: Mandelbaum and Sheumaker. Council Member Mandelbaum entered the meeting during item B. 23-0555 (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. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0556 (C) Closed Session. Council Member Gatto left the meeting at 4:20PM. 23-0557 (D) Terminate closed session and reconvene in open session. Moved by Boesen to adopt. Second by Westergaard. Motion Carried 5-2. Absent: Gatto and Sheumaker. 23-0558 (E) Motion to adjourn. Moved by Boesen to adjourn at 4:21PM. Second by Voss. Motion Carried 5-2. Absent: Gatto and Sheumaker. 1 4/19/2023 * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATION – 4:45 P.M. Grand View Thunder PROCLAMATIONS – 4:50 P.M. Arbor Day Law Day 23-0559 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. 23-0560 I. Amending the Procedural Rules of the City Council. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0561 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Voss to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0562 3. APPROVING CONSENT AGENDA * – items 3 through 47: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. *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 23-0563 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. Council Member Gatto declares a conflict of interest and abstains from voting on item 4H. NEW APPLICATIONS (A) ARTISANAL FOOD COMPANY 2801 FLEUR DR Class C Liquor (B) DEEP SUPERMARKET 5900 SE 14TH ST Class B Retail (C) OLIVE GARDEN 6157 SE 14TH ST Class C Liquor (D) RMF INC 4051 DEAN AVE Class C Liquor (E) SANDS VOLLEYBALL CLUB 6214 GRAND AVE Class C Liquor 2 4/19/2023 RENEWAL APPLICATIONS (F) 14TH STREET TAVERN 3418 E 14TH ST Class C Liquor (G) ALLORA 1459 GRAND AVE Class C Liquor *(H) BARATTAS RESTAURANT 2320 S UNION Class C Liquor (I) BEST FOOD MART 4028 E 14TH ST Class E Liquor (J) BLISS NAILS & BAR 208 4TH ST Class C Liquor (K) BROKEN SPOKE BAR & GRILL 3925 E 14TH ST Class C Liquor (L) CHEESE BAR 2925 INGERSOLL Class C Liquor (M) DES MOINES MARRIOTT HOTEL 700 GRAND AVE Class C Liquor (N) EMBASSY SUITES HOTEL 101 E LOCUST ST Class C Liquor (O) FRANKA PIZZERIA 111 E GRAND AVE Class C Liquor (P) HAMPTON INN DES MOINES AIRPORT 5001 FLEUR DR Class B Retail (Q) JOHNNYS HALL OF FAME 302 COURT AVE Class C Liquor (R) PURA SOCIAL CLUB 660 E 5TH ST Class C Liquor (S) SCORNOVACCAS RISTORANTE 1930 SE 14TH ST Class C Liquor (T) THAI FLAVOR 2301 INGERSOLL Class C Liquor (U) THIRSTY SPORTSMAN 4808 SW 9TH ST Class C Liquor (V) WICKED RABBIT 1101 ARMY POST Class C Liquor SPECIAL EVENT APPLICATIONS (W) APRES BAR CO 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR CAMPING THE NIGHT AWAY ON MAY 11, 2023. (X) FIELDHOUSE 2725 FOREST AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DRAKE RELAYS ON APRIL 26, 2023. (Y) IMPALA BALLROOM 2251 GEORGE FLAGG 5 days CLASS C LIQUOR LICENSE FOR GRUPO FRONTERA CONCERT ON APRIL 29 OR 30 (RAIN DATE), 2023. (Z) JRS SOUTHPORK RANCH 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR BACONFEST ON MAY 12 - 13, 2023 (AA) MARKET TO MARKET RELAY SHINDIG 252 E 3RD ST 5 days CLASS C LIQUOR LICENSE FOR STREET PARTY ON MAY 20, 2023. (BB) SA PRESENTS 2251 GEORGE FLAGG 5 days CLASS C LIQUOR LICENSE FOR CONCERTS ON MAY 5 - 6, 2023. (CC) THIRSTY PIGS 1149 28TH ST 5 days CLASS C LIQUOR LICENSE FOR DRAKE UNIVERSITY BLACK ALUMNI REUNION BLOCK PARTY ON APRIL 29, 2023. 3 4/19/2023 (DD) THIRSTY PIGS 2719 FOREST AVE 5 days CLASS C LIQUOR LICENSE FOR DRAKE ALUMNI EVENT ON APRIL 28, 2023. (EE) YOUR PRIVATE BAR 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 6, 2023. (FF) YOUR PRIVATE BAR 700 LOCUST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT MAY 4, 2023. 23-0564 4-I Approving new Class C Liquor License for Smoking Goat Pub at 3015 Merle Hay Road, Suite 1. Pending approval of Building and Zoning Departments. Sponsor: Mayor Cownie. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0565 5. Consideration of new Class C Liquor License for Nightingale Cocktail, 435 E. Grand Avenue. City Manager recommends denial. Moved by Gatto to deny. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0566 6. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Boesen. Motion Carried 5-1-1. Nays: Cownie. Absent: Sheumaker. 23-0567 7. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. PUBLIC IMPROVEMENTS 23-0568 8. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with Bolton & Menk, Inc. for design services for the Stone Park Sprayground Design, not to exceed $152,000. (Council Communication No. 23-210) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0569 9. Approving Joint Public Service Agreement with the City of Norwalk for construction of traffic signals at the intersection of Highway 5 and Highway 28. (Council Communication No. 23-203) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0570 10. Acceptance of a proposal from MidAmerican Energy Company to replace 16 existing streetlight poles and install 12 new streetlight poles for E. Court Avenue Reconstruction from the Des Moines River to E. 7th Street, estimated cost $191,264.55. (Council Communication No. 23-209) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0571 11. Communication from contractors requesting permission to sublet certain items on public improvement projects. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 4 4/19/2023 SPECIAL ASSESSMENTS 23-0572 12. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-03. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0573 13. Deletion of NAC – Emergency Assessment at 4103 Bay View Court. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LAND/PROPERTY TRANSACTIONS 23-0574 14. Rededicating portions of alley and 7th Street right-of-way adjoining 655 Walnut Street; and 7th Street right-of-way adjoining 319 7th Street, 701 Walnut Street and 700 Locust Street for right-of-way purposes. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0575 15. Releasing PUD Restoration Bond for Pearl Lake. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0576 16. Releasing subdivision bond for Southwoods Estates Plat 1. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0577 17. Releasing subdivision bond for Southwoods Estates Plat 2. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0578 18. Approval of final subdivision plat for Western Gateway. (Council Communication No. 23- 205) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0579 19. Approval of final subdivision plat and acceptance of letter of credit for Pinnacle on Fleur. (Council Communication No. 23-204) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 5 4/19/2023 BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0580 20. Approving proposed amendments to the procedural rules of the City Plan and Zoning Commission. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS FROM PLANNING AND ZONING 23-0581 21. Regarding request from Bridgestone Americas Tire Operations, LLC (Barry Owens. Officer) for review and approval of the Preliminary Plat “Firestone Plat I” to allow for the development of a utility substation on a portion of a 79.44-acre parcel in the vicinity of 4600 NW 2nd Street in Unincorporated Polk County, which is within the two-mile distance for extraterritorial review of subdivision plats. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0582 22. Regarding request from Eric and Jessica Nybeck (Owners) for review and approval of the Major Preliminary Plat “Deer Meadows formerly known as Nybeck Acres” to create six (6) parcels on 24.35 acres of property located in vicinity of 3502 113th Avenue in Unincorporated Warren County, which is within the two-mile distance for extraterritorial review of subdivision plats. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. SETTING DATE OF HEARINGS 23-0583 23. On vacation of a portion of Ingersoll Avenue right-of-way adjoining 1910 Ingersoll Avenue and conveyance of a Permanent Easement for Building Encroachment to Community Foundation of Greater Des Moines, $600, (5-8-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0584 24. On vacation of alley right-of-way in the vicinity of 1601 High Street and conveyance of a Permanent Easement for Building Encroachment – Door Swing to Hoyt, LLC, $2,045, (5-8- 23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0585 25. On conveyance of a Permanent Easement for Water Main Right-of-Way in a portion of vacated SE 2nd Street right-of-way adjoining 303 Scott Avenue to City of Des Moines for the use and benefit of the Board of Water Works Trustees, (5-8-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0586 26. On conveyance of a permanent underground electric line easement and a temporary electric line easement in portions of Birdland Park to MidAmerican Energy Company for the Birdland Pump Station Replacement Project, (5-8-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 6 4/19/2023 23-0587 27. On request from Bradley and Belinda Mc Aninch (Owners) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification of the northwestern portion of property located in the vicinity of 4700 SE 14th Street from Low Density Residential within a Community Node to Community Mixed Use within a Community Node and to rezone the property from “MX2-V” and “MX2” Mixed Use District to “CX” Mixed Use District to allow redevelopment of the site for an Auto Body and Auto Sales business, (5-8- 23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0588 28. Approving payment to Jared Clinton. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0589 29. Approving payment to Badger Mutual Insurance as subrogee of Shelby Ridley for an auto damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. APPROVING 23-0590 30. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Funding for Home Opportunities Made Easy, Incorporated (HOME, Inc.) to construct an affordable single-family home at 620 Douglas Avenue, $200,000. (Council Communication No. 23-213) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0591 31. Subordination Agreement of existing HOME Investment Partnerships Program (HOME) Mortgage on 3806 8th Street to Central Bank Construction Loan to Home Opportunities Made Easy (HOME, Inc.) (Council Communication No. 23-214) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0592 32. Fourth Amendment to Amended and Restated Urban Renewal Agreement for Sale of Land for Private Redevelopment with Miesblock Commercial, LLC in the Metro Center Urban Renewal Area. (Council Communication No. 23-206) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0593 33. Issuance of Certificate of Completion to 3801 Grand Associates, LP and Newbury Management Company for the James, 38th and Grand Urban Renewal Project. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 7 4/19/2023 23-0594 34. Issuance of Certificate of Completion to Aust Real Estate, LLC for redevelopment of a building at 1201 Keosauqua Way. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0595 35. Parking License Agreement with United States General Services Administration for the use of 54 parking spaces for a one-year term at the Third and Court Garage. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0596 36. Donation Agreement with Broadlawns Medical Center for Central Place Levee Trail Phase 2. (Council Communication No. 23-202) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0597 37. Donation Agreement with Community Foundation of Greater Des Moines for Design and Funding of the Gray’s Lake Playground and Sprayground Project. (Council Communication No. 23-212) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0598 38. Memorandum of Agreement with Iowa State Historical Preservation Office (SHPO) regarding demolition and future improvements at Fort Des Moines. (Council Communication No. 23-201) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. Motion by Gatto to receive and file document from Jack Porter. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0599 39. Iowa Workforce Development Future Ready Iowa Entry Level Driver Training Program Grant Agreement. (Council Communication No. 23-217) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0600 40. Exception to competitive procurement process for good cause shown and approving agreement with the Iowa Association of Municipal Utilities (IAMU) to provide services relating to safety in the workplace. (Council Communication No. 23-215) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0601 41. Agreement with Des Moines Association of Professional Fire Fighters Local No. 4 for period July 1, 2023 through June 30, 2024. (Council Communication No. 23-216) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0602 42. Receive and file the Comprehensive Annual Financial Report for the City of Des Moines for the year ending June 30, 2022. (Council Communication No. 23-218) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0603 43. Receive and file Quarterly Treasurer’s Report as of March 31, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0604 44. Declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 8 4/19/2023 23-0605 45. Authorizing Finance Director to draw checks on registers for the weeks of April 24 and May 1, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of April 24 and May 1, 2023; to draw checks for biweekly payroll due May 5, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. ORDINANCES - FINAL CONSIDERATION 23-0606 46. Amending Chapter 114 of the Municipal Code regarding Parking Restriction – 62nd Street between Boston Avenue and Douglas Avenue. Moved by Gatto that this ordinance do now pass, #16,236. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. ORDINANCES - SECOND CONSIDERATION 23-0607 47. Rezone 1202 Thomas Beck Road from “NX1” Neighborhood District to “EX” Industrial District to allow multiple uses, including a religious assembly, fabrication and production, and office. Moved by Gatto that this ordinance be considered and given second vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0608 (A) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,237. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. * * * * * * END CONSENT AGENDA * * * * * * * * * * 9 4/19/2023 HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 48 THRU 52) 23-0609 48. On request from Archer-Daniels-Midland Company (Mike Kuntz, Officer) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Industrial and Parks and Open Space to Industrial and to rezone the property located in the vicinity of 1935 E. Euclid Avenue from “F” Flood District and “I2” Industrial District to Limited “I2” Industrial District to allow an addition to an existing structure and other improvements. Moved by Westergaard to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0610 (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 6-1. Absent: Sheumaker. 23-0611 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,238. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0612 49. On request from Noel Fernandez (Owner) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Low Density Residential to Low-Medium Density Residential and to rezone 2021 Clark Street from “N5” Neighborhood District to Limited “N5-2” Neighborhood District to allow reuse of the existing structure for a duplex use. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0613 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0614 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,239. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 10 4/19/2023 23-0615 50. On request from JW Congregation Support Inc. (Archie Malone, Officer) for review and approval of a 2nd amendment to the Airport Crossroads PUD Conceptual Plan on the property located at 7700 Fleur Drive to allow construction of a Place of Worship with asphalt shingles and composite lap siding building materials which are prohibited within the PUD. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 5-1-1. Nays: Cownie. Absent: Sheumaker. 23-0616 51. On request from Des Moines Community Playhouse (David Kilpatrick, Officer) for review and approval of a 2nd amendment to the Des Moines Community Playhouse PUD Conceptual Plan on the property located at 831 42nd Street to allow the construction of a 2,700-square foot building addition with associated utilities, parking, and drives within the PUD. Moved by Mandelbaum to adopt. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. 23-0617 52. On 2023 City-wide PCC Pavement Patching Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $2,487,830. (Council Communication No. 23-208) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0618 (A) Approval of contract and bond and permission to sublet. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. *** END HEARINGS AT 5:14 P.M. *** ORDINANCES - FIRST CONSIDERATION 23-0619 53. Amending Chapter 2 of the Municipal Code relating to the City Managers authority for executing certain real estate documents and adding the City Managers authority for administrative settlements and condemnation awards. (Council Communication No. 23- 211) Moved by Boesen that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0620 (A) Final consideration of ordinance above (waiver requested by the Engineering Department), requires six votes. Moved by Boesen 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, #16,240. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 11 4/19/2023 23-0621 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-207) Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. (A) Speed Limit Modification – Hull Avenue between E. 14th Street and Delaware Avenue. (B) Parking Modification – Monroe Elementary School at 30th Street and Hickman Road. (C) Parking Modification – 24th Street between Carpenter Avenue and University Avenue. (D) Parking Modification – Broad Street between SW 7th Street and South Union Street. 23-0622 (E) 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, #16,241. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS/REPORTS 23-0623 55. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. (A) Denver Foote – Did not speak. (B) Bridget Botkin (C) Janice Hawkins (D) Carolyn Uhlenhake Walker (E) Joann Muldoon – Did not speak. 23-0624 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:25 P.M. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 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 All-America City 1949 1976 1981 2003 2010 2017 12 4/19/2023

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 April 24, 2023 5:00 PM I. CLOSED SESSION – 4:00 PM (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. * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATION – 4:45 P.M. Grand View Thunder PROCLAMATIONS – 4:50 P.M. Arbor Day Law Day 1. ROLL CALL: I. Amending the Procedural Rules of the City Council. 1 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 47: *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) ARTISANAL FOOD COMPANY 2801 FLEUR DR Class C Liquor (B) DEEP SUPERMARKET 5900 SE 14TH ST Class B Retail (C) OLIVE GARDEN 6157 SE 14TH ST Class C Liquor (D) RMF INC 4051 DEAN AVE Class C Liquor (E) SANDS VOLLEYBALL CLUB 6214 GRAND AVE Class C Liquor RENEWAL APPLICATIONS (F) 14TH STREET TAVERN 3418 E 14TH ST Class C Liquor (G) ALLORA 1459 GRAND AVE Class C Liquor (H) BARATTAS RESTAURANT 2320 S UNION Class C Liquor (I) BEST FOOD MART 4028 E 14TH ST Class E Liquor (J) BLISS NAILS & BAR 208 4TH ST Class C Liquor (K) BROKEN SPOKE BAR & GRILL 3925 E 14TH ST Class C Liquor (L) CHEESE BAR 2925 INGERSOLL Class C Liquor (M) DES MOINES MARRIOTT HOTEL 700 GRAND AVE Class C Liquor (N) EMBASSY SUITES HOTEL 101 E LOCUST ST Class C Liquor (O) FRANKA PIZZERIA 111 E GRAND AVE Class C Liquor (P) HAMPTON INN DES MOINES AIRPORT 5001 FLEUR DR Class B Retail (Q) JOHNNYS HALL OF FAME 302 COURT AVE Class C Liquor (R) PURA SOCIAL CLUB 660 E 5TH ST Class C Liquor (S) SCORNOVACCAS RISTORANTE 1930 SE 14TH ST Class C Liquor (T) THAI FLAVOR 2301 INGERSOLL Class C Liquor (U) THIRSTY SPORTSMAN 4808 SW 9TH ST Class C Liquor (V) WICKED RABBIT 1101 ARMY POST Class C Liquor SPECIAL EVENT APPLICATIONS (W) APRES BAR CO 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR CAMPING THE NIGHT AWAY ON MAY 11, 2023. 2 (X) FIELDHOUSE 2725 FOREST AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DRAKE RELAYS ON APRIL 26, 2023. (Y) IMPALA BALLROOM 2251 GEORGE FLAGG 5 days CLASS C LIQUOR LICENSE FOR GRUPO FRONTERA CONCERT ON APRIL 29 OR 30 (RAIN DATE), 2023. (Z) JRS SOUTHPORK RANCH 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR BACONFEST ON MAY 12 - 13, 2023 (AA) MARKET TO MARKET RELAY SHINDIG 252 E 3RD ST 5 days CLASS C LIQUOR LICENSE FOR STREET PARTY ON MAY 20, 2023. (BB) SA PRESENTS 2251 GEORGE FLAGG 5 days CLASS C LIQUOR LICENSE FOR CONCERTS ON MAY 5 - 6, 2023. (CC) THIRSTY PIGS 1149 28TH ST 5 days CLASS C LIQUOR LICENSE FOR DRAKE UNIVERSITY BLACK ALUMNI REUNION BLOCK PARTY ON APRIL 29, 2023. (DD) THIRSTY PIGS 2719 FOREST AVE 5 days CLASS C LIQUOR LICENSE FOR DRAKE ALUMNI EVENT ON APRIL 28, 2023. (EE) YOUR PRIVATE BAR 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 6, 2023. (FF) YOUR PRIVATE BAR 700 LOCUST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT MAY 4, 2023. 4-I Approving new Class C Liquor License for Smoking Goat Pub at 3015 Merle Hay Road, Suite 1. Pending approval of Building and Zoning Departments. Sponsor: Mayor Cownie. 5. Consideration of new Class C Liquor License for Nightingale Cocktail, 435 E. Grand Avenue. City Manager recommends denial. 6. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 7. City Clerk to issue Coin Operated Machine Licenses. 3 PUBLIC IMPROVEMENTS 8. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with Bolton & Menk, Inc. for design services for the Stone Park Sprayground Design, not to exceed $152,000. (Council Communication No. 23-210) 9. Approving Joint Public Service Agreement with the City of Norwalk for construction of traffic signals at the intersection of Highway 5 and Highway 28. (Council Communication No. 23-203) 10. Acceptance of a proposal from MidAmerican Energy Company to replace 16 existing streetlight poles and install 12 new streetlight poles for E. Court Avenue Reconstruction from the Des Moines River to E. 7th Street, estimated cost $191,264.55. (Council Communication No. 23-209) 11. Communication from contractors requesting permission to sublet certain items on public improvement projects. SPECIAL ASSESSMENTS 12. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-03. 13. Deletion of NAC – Emergency Assessment at 4103 Bay View Court. LAND/PROPERTY TRANSACTIONS 14. Rededicating portions of alley and 7th Street right-of-way adjoining 655 Walnut Street; and 7th Street right-of-way adjoining 319 7th Street, 701 Walnut Street and 700 Locust Street for right-of-way purposes. 15. Releasing PUD Restoration Bond for Pearl Lake. 16. Releasing subdivision bond for Southwoods Estates Plat 1. 17. Releasing subdivision bond for Southwoods Estates Plat 2. 18. Approval of final subdivision plat for Western Gateway. (Council Communication No. 23-205) 4 19. Approval of final subdivision plat and acceptance of letter of credit for Pinnacle on Fleur. (Council Communication No. 23-204) BOARDS/COMMISSIONS/NEIGHBORHOODS 20. Approving proposed amendments to the procedural rules of the City Plan and Zoning Commission. COMMUNICATIONS FROM PLANNING AND ZONING 21. Regarding request from Bridgestone Americas Tire Operations, LLC (Barry Owens. Officer) for review and approval of the Preliminary Plat “Firestone Plat I” to allow for the development of a utility substation on a portion of a 79.44-acre parcel in the vicinity of 4600 NW 2nd Street in Unincorporated Polk County, which is within the two-mile distance for extraterritorial review of subdivision plats. 22. Regarding request from Eric and Jessica Nybeck (Owners) for review and approval of the Major Preliminary Plat “Deer Meadows formerly known as Nybeck Acres” to create six (6) parcels on 24.35 acres of property located in vicinity of 3502 113th Avenue in Unincorporated Warren County, which is within the two-mile distance for extraterritorial review of subdivision plats. SETTING DATE OF HEARINGS 23. On vacation of a portion of Ingersoll Avenue right-of-way adjoining 1910 Ingersoll Avenue and conveyance of a Permanent Easement for Building Encroachment to Community Foundation of Greater Des Moines, $600, (5-8-23). 24. On vacation of alley right-of-way in the vicinity of 1601 High Street and conveyance of a Permanent Easement for Building Encroachment – Door Swing to Hoyt, LLC, $2,045, (5- 8-23). 25. On conveyance of a Permanent Easement for Water Main Right-of-Way in a portion of vacated SE 2nd Street right-of-way adjoining 303 Scott Avenue to City of Des Moines for the use and benefit of the Board of Water Works Trustees, (5-8-23). 26. On conveyance of a permanent underground electric line easement and a temporary electric line easement in portions of Birdland Park to MidAmerican Energy Company for the Birdland Pump Station Replacement Project, (5-8-23). 5 27. On request from Bradley and Belinda Mc Aninch (Owners) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification of the northwestern portion of property located in the vicinity of 4700 SE 14th Street from Low Density Residential within a Community Node to Community Mixed Use within a Community Node and to rezone the property from “MX2-V” and “MX2” Mixed Use District to “CX” Mixed Use District to allow redevelopment of the site for an Auto Body and Auto Sales business, (5- 8-23). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 28. Approving payment to Jared Clinton. 29. Approving payment to Badger Mutual Insurance as subrogee of Shelby Ridley for an auto damage claim. APPROVING 30. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Funding for Home Opportunities Made Easy, Incorporated (HOME, Inc.) to construct an affordable single-family home at 620 Douglas Avenue, $200,000. (Council Communication No. 23-213) 31. Subordination Agreement of existing HOME Investment Partnerships Program (HOME) Mortgage on 3806 8th Street to Central Bank Construction Loan to Home Opportunities Made Easy (HOME, Inc.) (Council Communication No. 23-214) 32. Fourth Amendment to Amended and Restated Urban Renewal Agreement for Sale of Land for Private Redevelopment with Miesblock Commercial, LLC in the Metro Center Urban Renewal Area. (Council Communication No. 23-206) 33. Issuance of Certificate of Completion to 3801 Grand Associates, LP and Newbury Management Company for the James, 38th and Grand Urban Renewal Project. 34. Issuance of Certificate of Completion to Aust Real Estate, LLC for redevelopment of a building at 1201 Keosauqua Way. 35. Parking License Agreement with United States General Services Administration for the use of 54 parking spaces for a one-year term at the Third and Court Garage. 6 36. Donation Agreement with Broadlawns Medical Center for Central Place Levee Trail Phase 2. (Council Communication No. 23-202) 37. Donation Agreement with Community Foundation of Greater Des Moines for Design and Funding of the Gray’s Lake Playground and Sprayground Project. (Council Communication No. 23-212) 38. Memorandum of Agreement with Iowa State Historical Preservation Office (SHPO) regarding demolition and future improvements at Fort Des Moines. (Council Communication No. 23-201) 39. Iowa Workforce Development Future Ready Iowa Entry Level Driver Training Program Grant Agreement. (Council Communication No. 23-217) 40. Exception to competitive procurement process for good cause shown and approving agreement with the Iowa Association of Municipal Utilities (IAMU) to provide services relating to safety in the workplace. (Council Communication No. 23-215) 41. Agreement with Des Moines Association of Professional Fire Fighters Local No. 4 for period July 1, 2023 through June 30, 2024. (Council Communication No. 23-216) 42. Receive and file the Comprehensive Annual Financial Report for the City of Des Moines for the year ending June 30, 2022. (Council Communication No. 23-218) 43. Receive and file Quarterly Treasurer’s Report as of March 31, 2023. 44. Declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects. 7 45. Authorizing Finance Director to draw checks on registers for the weeks of April 24 and May 1, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of April 24 and May 1, 2023; to draw checks for biweekly payroll due May 5, 2023. ORDINANCES - FINAL CONSIDERATION 46. Amending Chapter 114 of the Municipal Code regarding Parking Restriction – 62nd Street between Boston Avenue and Douglas Avenue. ORDINANCES - SECOND CONSIDERATION 47. Rezone 1202 Thomas Beck Road from “NX1” Neighborhood District to “EX” Industrial District to allow multiple uses, including a religious assembly, fabrication and production, and office. (A) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 48 THRU 52) 48. On request from Archer-Daniels-Midland Company (Mike Kuntz, Officer) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Industrial and Parks and Open Space to Industrial and to rezone the property located in the vicinity of 1935 E. Euclid Avenue from “F” Flood District and “I2” Industrial District to Limited “I2” Industrial District to allow an addition to an existing structure and other improvements. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 49. On request from Noel Fernandez (Owner) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Low Density Residential to Low- Medium Density Residential and to rezone 2021 Clark Street from “N5” Neighborhood District to Limited “N5-2” Neighborhood District to allow reuse of the existing structure for a duplex use. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 8 50. On request from JW Congregation Support Inc. (Archie Malone, Officer) for review and approval of a 2nd amendment to the Airport Crossroads PUD Conceptual Plan on the property located at 7700 Fleur Drive to allow construction of a Place of Worship with asphalt shingles and composite lap siding building materials which are prohibited within the PUD. 51. On request from Des Moines Community Playhouse (David Kilpatrick, Officer) for review and approval of a 2nd amendment to the Des Moines Community Playhouse PUD Conceptual Plan on the property located at 831 42nd Street to allow the construction of a 2,700-square foot building addition with associated utilities, parking, and drives within the PUD. 52. On 2023 City-wide PCC Pavement Patching Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $2,487,830. (Council Communication No. 23-208) (A) Approval of contract and bond and permission to sublet. *** END HEARINGS AT ________________ P.M. *** ORDINANCES - FIRST CONSIDERATION 53. Amending Chapter 2 of the Municipal Code relating to the City Managers authority for executing certain real estate documents and adding the City Managers authority for administrative settlements and condemnation awards. (Council Communication No. 23-211) (A) Final consideration of ordinance above (waiver requested by the Engineering Department), requires six votes. 9 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-207) (A) Speed Limit Modification – Hull Avenue between E. 14th Street and Delaware Avenue. (B) Parking Modification – Monroe Elementary School at 30th Street and Hickman Road. (C) Parking Modification – 24th Street between Carpenter Avenue and University Avenue. (D) Parking Modification – Broad Street between SW 7th Street and South Union Street. COMMUNICATIONS/REPORTS 55. Requests to speak as follows: (A) Denver Foote (B) Bridget Botkin (C) Janice Hawkins (D) Carolyn Uhlenhake Walker (E) Joann Muldoon MOTION TO ADJOURN. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 10

Get email alerts for Des Moines

A daily email when new agendas and minutes are posted.

Report an issue with this meeting