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City Council

Regular Meeting

Des Moines, IA · May 8, 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 May 8, 2023 5:00 PM PROCLAMATION – 4:45 PM AAPI Heritage Month 23-0625 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. Council Member Westergaard participated in the meeting by phone. 23-0626 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0627 3. APPROVING CONSENT AGENDA * – items 3 through 36: 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. 1 5/8/2023 LICENSES AND PERMITS 23-0628 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. NEW APPLICATIONS (A) CASEYS #3977 600 E 14TH ST Class B Retail (B) CHAIN & SPOKE 515 28TH ST #102 Special Class C (C) DSM FOOD MART 2829 EASTON BLVD Class B Retail (D) VOWS DSM 111 E GRAND AVE #109 Class C Liquor RENEWAL APPLICATIONS (E) AMERICANA 1312 LOCUST ST #102 Class C Liquor (F) CHICKEN SHACK 1501 E EUCLID AVE Special Class C (G) CVS PHARMACY #10329 2303 MERLE HAY RD Class E Liquor (H) FAIRFIELD INN & SUITES 207 CROCKER ST Class C Liquor (I) H & A MINI MART 145 UNIVERSITY AVE Class E Liquor (J) HOYT SHERMAN PLACE 1501 WOODLAND AVE Class C Liquor (K) HY VEE MARKET #5 1107 E ARMY POST RD Class C Liquor (L) KUM & GO #7701 319 7TH ST #101 Class E Liquor (M) LA TAPATIA 4 1606 6TH AVE Class B Retail (N) LOUIES WINE DIVE 4040 UNIVERSITY AVE Class C Liquor (O) LUCKY HORSE 2331 UNIVERSITY AVE Class C Liquor (P) NOAHS ARK 2400 INGERSOLL AVE Class C Liquor (Q) OLYMPIC FLAME 514 E GRAND AVE Special Class C (R) QUIKTRIP #515 1421 INGERSOLL AVE Class B Retail (S) RITUAL CAFÉ 1301 LOCUST ST #D Special Class C (T) ROCA & SHORTYS 208 COURT AVE Class C Liquor (U) SOUTH SIDE FOOD MART 1101 ARMY POST RD Class E Liquor (V) TWISTED VINE BREWERY 112 SE 4TH ST #100 Class C Liquor (W) WATROUS TOBACCO 4001 SW 9TH ST Class B Retail SPECIAL EVENT APPLICATIONS (X) CHRISTIANIS EVENTS 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR EVENTS ON MAY 18 AND 20, 2023. (Y) IOWA ASIAN ALLIANCE 1203 LOCUST ST (BEER TENT) 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR CELEBRASIAN ON MAY 26 - 27, 2023. (Z) NACHO TEQUILAS 900 E ARMY POST RD 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON MAY 13, 2023. 2 5/8/2023 (AA) THIRSTY PIGS 901 CHERRY ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON MAY 13, 2023. (BB) VOELKER/MAHNKE 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 27, 2023. (CC) WHISKEY RIVER ANKENY 2035 E OVID AVE 5 days CLASS C LIQUOR LICENSE FOR OFF THE LINE PERFORMANCE CUSTOMER APPRECIATION PARTY ON MAY 13, 2023. (DD) YOUR PRIVATE BAR 220 SW 9TH ST (ROOFTOP) 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON MAY 10, 2023. 23-0629 5. 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. PUBLIC IMPROVEMENTS 23-0630 6. Approving and authorizing the execution of Iowa Department of Transportation (IDOT) Agreement for E University Avenue (IA 163) from E 14th Street (US 69) to Easton Boulevard Four-Lane to Three-Lane Conversion. (Council Communication No. 23-233) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0631 7. Approving and authorizing the execution of Iowa Department of Transportation (IDOT) Agreement for SE 36th and E Army Post Road Roundabout. (Council Communication No. 23-232) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0632 8. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for design services for Central Place Levee Trail, Phase 1, not to exceed $25,250. (Council Communication No. 23-226) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 9. Number not used. 10. Approving Private Construction Contracts between the following: 23-0633 (A) The Underground Company, Ltd. and DR Horton – Iowa, LLC for Sanitary Sewer Improvements in The Woods of Copper Creek, Plat 7. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0634 (B) The Underground Company, Ltd. and DR Horton – Iowa, LLC for Storm Sewer Improvements in The Woods of Copper Creek, Plat 7. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 3 5/8/2023 23-0635 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. SPECIAL ASSESSMENTS 23-0636 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-05. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LAND/PROPERTY TRANSACTIONS 23-0637 13. Conditional approval of final subdivision plat and acceptance of cash surety for “Bricktop 36” located in the vicinity of 1328 Thomas Beck Road. (Council Communication No. 23- 238) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0638 14. Approving one tax abatement application for work completed in 2022 and 56 tax abatement applications for work completed in 2023. (Council Communication No. 23-220) 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 FY2023/24. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0639 15. Authorization to proceed with acquisition of the necessary property interests for the 41st Street and Beaver Avenue Intersection Improvements Project. (Council Communication No. 23-229) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0640 16. Authorization to proceed with acquisition of the necessary property interests for the University Avenue – 39th Street to 48th Street Improvements Project. (Council Communication No. 23-230) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0641 17. Recommendation from Council Member Voss to appoint Brett Burk to the Des Moines Civil and Human Rights Commission, Seat 3, for a three-year term expiring March 31, 2026. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0642 18. Recommendation from the Youth Advisory Board at the April 18, 2023 meeting to appoint Hadley Harvey for a term expiring July 31, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 4 5/8/2023 23-0643 19. Communication from Alexandra Bomhoff advising of her resignation from the Access Advisory Board, Seat 3, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0644 20. Communication from Lori Bowman advising of her resignation from the Access Advisory Board, Seat 13, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS FROM PLANNING AND ZONING 23-0645 21. Regarding request from Lisa Wertz and Kristopher Wertz (Contract buyers) for vacation of surface right-of-way of approximately 283 lineal feet of undeveloped SW 4th Street right- of-way bounded by Porter Avenue to the north and Diehl Avenue to the south, and to the west of and adjacent to the property at 315 Diehl Avenue. 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 6-1. Absent: Sheumaker. 23-0646 22. Recommending City Council initiate a rezoning of an area that is generally located south of Maury Street, East of SE 25th Street, North of E. Railroad Avenue and Vale Street and west of adjoining SE 28th Street. Moved by Gatto to receive and file the communication from the Plan and Zoning Commission. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. WITHDRAWN 23-0647 23. Regarding request from Greater Des Moines Habitat for Humanity (Ryan Doyle, Officer) for review and approval of a Preliminary Plat “Habitat – E 46th Development” to allow for development of fifteen (15) one-household residential lots on property located at 4320 E. 46th Street. SETTING DATE OF HEARINGS 23-0648 24. On City-initiated request to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Business Park & Industrial to Low Density Residential, Parks and Open Space and Public/Semi-Public, and to rezone properties in an area generally located north of Maury Street, east of SE 25th Street, south of E. Market Street, and west of SE 30th Street, from “EX” Mixed Use District and “I1” Industrial District to “N3c” Neighborhood District, (5-22-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 5 5/8/2023 LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0649 25. Approving payment to Stew Hansen’s Urbandale Collision Center on behalf of Mark Jones Construction/ADT Solar for an auto damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. CITY MANAGER COMMUNICATIONS 23-0650 26. Submitting travel and training requests for T.M. Franklin Cownie, Joe Gatto and Connie Boesen. (Council Communication No. 23-239) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. APPROVING 23-0651 27. Amendment to Southridge Conceptual Development Plan to identify and include two new phases of development: AHEPA’s 90-unit senior housing development on the former Montgomery Wards location and Native Business Services LLC’s purchase of the former Younkers location for a retail/warehousing facility. (Council Communication No. 23-222) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0652 28. Authorizing City Manager to negotiate and execute a grant agreement with AHEPA 192-IV Apartments, LP for an affordable senior housing facility at 1111 E. Army Post Road. (Council Communication No. 23-221) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0653 29. Ratification of National Park Service Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Grant Application seeking $5,291,000 for Birdland Park and Marina Master Plan Improvements Phase 1. (Council Communication No. 23-235) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0654 30. Grant agreement (On Common Ground: Activating Community Connections Through Parks) with Trust for Public Land (TPL) for $23,600. (Council Communication No. 23-234) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 31. Number not used. 23-0655 32. Request for outdoor special event (Beaverdale Bluegrass Festival) in accordance with “Franklin Junior High School” PUD Conceptual Plan for Property at 4801 Franklin Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0656 33. Request for outdoor special event (Beaverdale Farmers Market) in accordance with “Franklin Junior High School” PUD Conceptual Plan for Property at 4801 Franklin Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 6 5/8/2023 34. Abatement of public nuisance as follows: 23-0657 (A) 3416 4th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0658 (B) 2004 40th Place. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0659 (C) 822 35th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0660 35. Release of fire escrow at 2301 Forest Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0661 36. Authorizing Finance Director to draw checks on registers for the weeks of May 8 and 15, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of May 8 and 15, 2023; to draw checks for biweekly payroll due May 19, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:01 PM) (ITEMS 37 THRU 45) 23-0662 37. 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. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0663 (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 6-1. Absent: Sheumaker. 23-0664 (B) Final consideration of ordinance above (waiver requested by Ryan Wade, Manager), 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, #16,242. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 7 5/8/2023 23-0665 38. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0666 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0667 (B) Final consideration of ordinance above (waiver requested by Karla Jones, Community Foundation of Greater Des Moines), 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, #16,243. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0668 39. 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, Iowa, for the use and benefit of the Board of Water Works Trustees. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0669 40. 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. Moved by Westergaard to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0670 41. On request from Bradley and Belinda McAninch (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. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0671 (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. 23-0672 (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, #16,244. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 8 5/8/2023 23-0673 42. On 2023 HMA Resurfacing Program Contract 2: 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), $959,757.40. (Council Communication No. 23-224) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0674 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0675 43. On Carlisle Multi-Use Trail Connection: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Howrey Construction, Inc. (Lucas Howrey, President), $3,903,809.83. (Council Communication No. 23-227) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0676 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0677 (B) Naming segments of the Carlisle Trail as the Karras-Kaul Connector Trail. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0678 44. On North Valley Drive and Grand Avenue Sidewalk and Railroad Crossing Improvements: 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), $580,895. (Council Communication No. 23- 228) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0679 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0680 45. On McHenry Park and Sheridan Park Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Alpha Landscapes LLC (Riley Marvin, Owner), $298,870. (Council Communication No. 23-231) Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0681 (A) Approval of contract and bond. Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. ****END HEARINGS AT 5:20 PM**** 9 5/8/2023 INFORMAL HEARING WITHDRAWN 23-0682 46. Consideration of a request from Invest DSM to demolish the Highland Apartments building located at 3524 6th Avenue, pursuant to Section 58-70 of the Historic Preservation Ordinance. (Council Communication No. 23-219) ORDINANCES – FIRST CONSIDERATION 23-0683 47. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-223) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. (A) Parking Modifications and Conversion to Two-Way Traffic – Grand Avenue from 2nd Avenue to 5th Avenue and 5th Avenue from Cherry Street to Grand Avenue. 23-0684 (B) Final consideration of ordinance above, requires six votes. Moved by Mandelbaum that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,245. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0685 48. Amending Section 134-2.2.9 relating to the requirement for future PUD performance bonds. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0686 (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, #16,246. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 10 5/8/2023 23-0687 49. Amending Municipal Code Section 118 relating to the Equivalent Residential Unit (ERU) rate to be applied to residential and nonresidential properties (Stormwater Utility rate increases). (Council Communication No. 23-236) Moved by Boesen that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0688 (A) Final consideration of ordinance above (waiver requested by Nick Schaul, Finance Director), 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, #16,247. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0689 50. Amending Municipal Code Section 118 relating to the volume charge for sewer services rate to be applied to residential and nonresidential properties (Sanitary Utility rate increase). (Council Communication No. 23-237) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0690 (A) Final consideration of ordinance above (waiver requested by Nick Schaul, Finance Director), requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,248. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS/REPORTS 23-0691 51. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. (A) Jeff Krugler (B) Bridget Botkin (C) Tim Waddell – Did not speak. (D) Tanya Keith (E) David Barzen – Did not speak. (F) Jack C. Porter – Did not speak. (G) Garland Armstrong 23-0692 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:34 P.M. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 11 5/8/2023 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 5/8/2023

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 May 8, 2023 5:00 PM PROCLAMATION – 4:45 PM AAPI Heritage Month 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 36: *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) CASEYS #3977 600 E 14TH ST Class B Retail (B) CHAIN & SPOKE 515 28TH ST #102 Special Class C (C) DSM FOOD MART 2829 EASTON BLVD Class B Retail (D) VOWS DSM 111 E GRAND AVE #109 Class C Liquor RENEWAL APPLICATIONS (E) AMERICANA 1312 LOCUST ST #102 Class C Liquor (F) CHICKEN SHACK 1501 E EUCLID AVE Special Class C (G) CVS PHARMACY #10329 2303 MERLE HAY RD Class E Liquor (H) FAIRFIELD INN & SUITES 207 CROCKER ST Class C Liquor (I) H & A MINI MART 145 UNIVERSITY AVE Class E Liquor (J) HOYT SHERMAN PLACE 1501 WOODLAND AVE Class C Liquor (K) HY VEE MARKET #5 1107 E ARMY POST RD Class C Liquor (L) KUM & GO #7701 319 7TH ST #101 Class E Liquor (M) LA TAPATIA 4 1606 6TH AVE Class B Retail 1 (N) LOUIES WINE DIVE 4040 UNIVERSITY AVE Class C Liquor (O) LUCKY HORSE 2331 UNIVERSITY AVE Class C Liquor (P) NOAHS ARK 2400 INGERSOLL AVE Class C Liquor (Q) OLYMPIC FLAME 514 E GRAND AVE Special Class C (R) QUIKTRIP #515 1421 INGERSOLL AVE Class B Retail (S) RITUAL CAFÉ 1301 LOCUST ST #D Special Class C (T) ROCA & SHORTYS 208 COURT AVE Class C Liquor (U) SOUTH SIDE FOOD MART 1101 ARMY POST RD Class E Liquor (V) TWISTED VINE BREWERY 112 SE 4TH ST #100 Class C Liquor (W) WATROUS TOBACCO 4001 SW 9TH ST Class B Retail SPECIAL EVENT APPLICATIONS (X) CHRISTIANIS EVENTS 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR EVENTS ON MAY 18 AND 20, 2023. (Y) IOWA ASIAN ALLIANCE 1203 LOCUST ST (BEER TENT) 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR CELEBRASIAN ON MAY 26 - 27, 2023. (Z) NACHO TEQUILAS 900 E ARMY POST RD 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON MAY 13, 2023. (AA) THIRSTY PIGS 901 CHERRY ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON MAY 13, 2023. (BB) VOELKER/MAHNKE 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 27, 2023. (CC) WHISKEY RIVER ANKENY 2035 E OVID AVE 5 days CLASS C LIQUOR LICENSE FOR OFF THE LINE PERFORMANCE CUSTOMER APPRECIATION PARTY ON MAY 13, 2023. (DD) YOUR PRIVATE BAR 220 SW 9TH ST (ROOFTOP) 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON MAY 10, 2023. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. PUBLIC IMPROVEMENTS 6. Approving and authorizing the execution of Iowa Department of Transportation (IDOT) Agreement for E University Avenue (IA 163) from E 14th Street (US 69) to Easton Boulevard Four-Lane to Three-Lane Conversion. (Council Communication No. 23-233) 2 7. Approving and authorizing the execution of Iowa Department of Transportation (IDOT) Agreement for SE 36th and E Army Post Road Roundabout. (Council Communication No. 23-232) 8. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for design services for Central Place Levee Trail, Phase 1, not to exceed $25,250. (Council Communication No. 23-226) 9. Number not used. 10. Approving Private Construction Contracts between the following: (A) The Underground Company, Ltd. and DR Horton – Iowa, LLC for Sanitary Sewer Improvements in The Woods of Copper Creek, Plat 7. (B) The Underground Company, Ltd. and DR Horton – Iowa, LLC for Storm Sewer Improvements in The Woods of Copper Creek, Plat 7. 11. Communication from contractors requesting permission to sublet certain items on public improvement projects. SPECIAL ASSESSMENTS 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-05. LAND/PROPERTY TRANSACTIONS 13. Conditional approval of final subdivision plat and acceptance of cash surety for “Bricktop 36” located in the vicinity of 1328 Thomas Beck Road. (Council Communication No. 23-238) 14. Approving one tax abatement application for work completed in 2022 and 56 tax abatement applications for work completed in 2023. (Council Communication No. 23-220) 15. Authorization to proceed with acquisition of the necessary property interests for the 41st Street and Beaver Avenue Intersection Improvements Project. (Council Communication No. 23-229) 3 16. Authorization to proceed with acquisition of the necessary property interests for the University Avenue – 39th Street to 48th Street Improvements Project. (Council Communication No. 23-230) BOARDS/COMMISSIONS/NEIGHBORHOODS 17. Recommendation from Council Member Voss to appoint Brett Burk to the Des Moines Civil and Human Rights Commission, Seat 3, for a three-year term expiring March 31, 2026. 18. Recommendation from the Youth Advisory Board at the April 18, 2023 meeting to appoint Hadley Harvey for a term expiring July 31, 2023. 19. Communication from Alexandra Bomhoff advising of her resignation from the Access Advisory Board, Seat 3, effective immediately. 20. Communication from Lori Bowman advising of her resignation from the Access Advisory Board, Seat 13, effective immediately. COMMUNICATIONS FROM PLANNING AND ZONING 21. Regarding request from Lisa Wertz and Kristopher Wertz (Contract buyers) for vacation of surface right-of-way of approximately 283 lineal feet of undeveloped SW 4th Street right-of-way bounded by Porter Avenue to the north and Diehl Avenue to the south, and to the west of and adjacent to the property at 315 Diehl Avenue. 22. Recommending City Council initiate a rezoning of an area that is generally located south of Maury Street, East of SE 25th Street, North of E. Railroad Avenue and Vale Street and west of adjoining SE 28th Street. 23. Regarding request from Greater Des Moines Habitat for Humanity (Ryan Doyle, Officer) for review and approval of a Preliminary Plat “Habitat – E 46th Development” to allow for development of fifteen (15) one-household residential lots on property located at 4320 E. 46th Street. SETTING DATE OF HEARINGS 24. On City-initiated request to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Business Park & Industrial to Low Density Residential, Parks and Open Space and Public/Semi-Public, and to rezone properties in an area generally located north of Maury Street, east of SE 25th Street, south of E. Market Street, and west of SE 30th Street, from “EX” Mixed Use District and “I1” Industrial District to “N3c” Neighborhood District, (5-22-23). 4 LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25. Approving payment to Stew Hansen’s Urbandale Collision Center on behalf of Mark Jones Construction/ADT Solar for an auto damage claim. CITY MANAGER COMMUNICATIONS 26. Submitting travel and training requests for T.M. Franklin Cownie, Joe Gatto and Connie Boesen. (Council Communication No. 23-239) APPROVING 27. Amendment to Southridge Conceptual Development Plan to identify and include two new phases of development: AHEPA’s 90-unit senior housing development on the former Montgomery Wards location and Native Business Services LLC’s purchase of the former Younkers location for a retail/warehousing facility. (Council Communication No. 23-222) 28. Authorizing City Manager to negotiate and execute a grant agreement with AHEPA 192- IV Apartments, LP for an affordable senior housing facility at 1111 E. Army Post Road. (Council Communication No. 23-221) 29. Ratification of National Park Service Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Grant Application seeking $5,291,000 for Birdland Park and Marina Master Plan Improvements Phase 1. (Council Communication No. 23-235) 30. Grant agreement (On Common Ground: Activating Community Connections Through Parks) with Trust for Public Land (TPL) for $23,600. (Council Communication No. 23-234) 31. Number not used. 32. Request for outdoor special event (Beaverdale Bluegrass Festival) in accordance with “Franklin Junior High School” PUD Conceptual Plan for Property at 4801 Franklin Avenue. 5 33. Request for outdoor special event (Beaverdale Farmers Market) in accordance with “Franklin Junior High School” PUD Conceptual Plan for Property at 4801 Franklin Avenue. 34. Abatement of public nuisance as follows: (A) 3416 4th Street. (B) 2004 40th Place. (C) 822 35th Street. 35. Release of fire escrow at 2301 Forest Avenue. 36. Authorizing Finance Director to draw checks on registers for the weeks of May 8 and 15, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of May 8 and 15, 2023; to draw checks for biweekly payroll due May 19, 2023. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 37 THRU 45) 37. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Ryan Wade, Manager), requires six votes. 38. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Karla Jones, Community Foundation of Greater Des Moines), requires six votes. 39. 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, Iowa, for the use and benefit of the Board of Water Works Trustees. 40. 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. 6 41. On request from Bradley and Belinda McAninch (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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 42. On 2023 HMA Resurfacing Program Contract 2: 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), $959,757.40. (Council Communication No. 23-224) (A) Approval of contract and bond. 43. On Carlisle Multi-Use Trail Connection: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Howrey Construction, Inc. (Lucas Howrey, President), $3,903,809.83. (Council Communication No. 23-227) (A) Approval of contract and bond. (B) Naming segments of the Carlisle Trail as the Karras-Kaul Connector Trail. 44. On North Valley Drive and Grand Avenue Sidewalk and Railroad Crossing Improvements: 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), $580,895. (Council Communication No. 23-228) (A) Approval of contract and bond. 7 45. On McHenry Park and Sheridan Park Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Alpha Landscapes LLC (Riley Marvin, Owner), $298,870. (Council Communication No. 23-231) (A) Approval of contract and bond. ****END HEARINGS AT _______________PM**** INFORMAL HEARING 46. Consideration of a request from Invest DSM to demolish the Highland Apartments building located at 3524 6th Avenue, pursuant to Section 58-70 of the Historic Preservation Ordinance. (Choose one alternative below) (Council Communication No. 23-219) (A) Deny. OR (B) Approve. ORDINANCES – FIRST CONSIDERATION 47. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-223) (A) Parking Modifications and Conversion to Two-Way Traffic – Grand Avenue from 2nd Avenue to 5th Avenue and 5th Avenue from Cherry Street to Grand Avenue. 48. Amending Section 134-2.2.9 relating to the requirement for future PUD performance bonds. 49. Amending Municipal Code Section 118 relating to the Equivalent Residential Unit (ERU) rate to be applied to residential and nonresidential properties (Stormwater Utility rate increases). (Council Communication No. 23-236) 8 (A) Final consideration of ordinance above (waiver requested by Nick Schaul, Finance Director), requires six votes. 50. Amending Municipal Code Section 118 relating to the volume charge for sewer services rate to be applied to residential and nonresidential properties (Sanitary Utility rate increase). (Council Communication No. 23-237) (A) Final consideration of ordinance above (waiver requested by Nick Schaul, Finance Director), requires six votes. COMMUNICATIONS/REPORTS 51. Requests to speak as follows: (A) Jeff Krugler (B) Bridget Botkin (C) Tim Waddell (D) Tanya Keith (E) David Barzen (F) Jack C. Porter (G) Garland Armstrong 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. 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