City Council

*** DES MOINES CITY COUNCIL MEETING REPORT *** The City Council took the following action on items listed in the attached meeting agenda summary. Copies of ordinances, resolutions and other Council action may be obtained from the City Clerk's Office (515) 283-4209. The six-digit number beginning with '23-' preceding each item on the agenda is a roll call number assigned by the City Clerk. Please refer to this number when requesting information or copies. SUMMARY OF DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 May 22, 2023 5:00 P.M. PROCLAMATIONS – 4:45 P.M. National Gun Violence Awareness Day Public Works Week Pride Month 23-0693 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. 23-0694 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0695 3. APPROVING CONSENT AGENDA * – items 3 through 51: Motion by Gatto to allow speakers on item 19. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 1 5/17/2023  *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 23-0696 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. NEW APPLICATION (A) DOLLAR GENERAL #24813 3261 E EUCLID AVE Class B Retail RENEWAL APPLICATIONS (B) 503 COCKTAIL LAB 503 E LOCUST ST Class C Liquor (C) APRILS SUNRISE TAP 4155 EASTON BLVD Class C Liquor (D) CARLS PLACE 1620 WOODLAND AVE Class C Liquor (E) COURT AVENUE BREWING CO 309 COURT AVE Class C Liquor (F) CVS PHARMACY #10329 2303 MERLE HAY RD Class E Liquor (G) DEEP END BAR 830 MCKINLEY AVE Class C Liquor (H) DES MOINES CIVIC CENTER 221 WALNUT ST Class C Liquor (I) EASYGO 2723 GRAND AVE Class E Liquor (J) ELWELL FAMILY FOOD 3000 E GRAND AVE Class C Liquor (K) FAREWAY STORES INC #225 2716 BEAVER AVE Class E Liquor (L) JALAPENO PETE'S 3000 E GRAND AVE Special Class C (M) JETHROS BBQ SOUTHSIDE 4337 PARK AVE Class C Liquor (N) LUCCA 420 E LOCUST ST Class C Liquor (O) MARIAS MEXICAN 5405 DOUGLAS AVE Class C Liquor (P) MIYABI 9 512 E GRAND AVE Class C Liquor (Q) MOTLEY SCHOOL TAVERN 1903 BEAVER AVE Class C Liquor (R) MULLETS 1300 SE 1ST ST Class C Liquor (S) PARKS AREA FOUNDATION 710 CORNING AVE Special Class C (T) PLAZA PUB 6202 DOUGLAS AVE Class C Liquor (U) RICOS PUB 2314 UNIVERSITY AVE Class C Liquor (V) ST KILDA BAKERY AND CAFE 300 SW 5TH ST #A150 Class C Liquor (W) STATION ON INGERSOLL 3124 INGERSOLL AVE Class C Liquor (X) VIBES KITCHEN & BAR 1303 WALNUT ST Class C Liquor SPECIAL EVENT APPLICATIONS (Y) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JUNE 10. 2023. (Z) CAPITAL CITY PRIDE 510 E LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE 9 - 11, 2023. 2 5/17/2023 (AA) CAPITAL CITY PRIDE 431 E LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE 9 - 11, 2023. (BB) CAPITAL CITY PRIDE 510 E LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE 9 - 11, 2023. (CC) DEPOT 3000 E GRAND AVE #069 5 days CLASS C LIQUOR LICENSE FOR EVENTS ON JUNE 5 - JUNE 9, 2023. (DD) DES MOINES ARTS FESTIVAL 1200 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR THE FESTIVAL ON JUNE 23 - 25, 2023. (EE) DES MOINES ARTS FESTIVAL 1198 GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE 23 - 25, 2023. (FF) DES MOINES ARTS FESTIVAL 400 15TH ST 5 days CLASS C LIQUOR LICENSE FOR THE FESTIVAL ON JUNE 23 - 25, 2023. (GG) DES MOINES ARTS FESTIVAL 1329 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR THE FESTIVAL ON JUNE 23 - 25, 2023. (HH) DES MOINES ARTS FESTIVAL 1000 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR THE FESTIVAL ON JUNE 23 - 25, 2023. (II) DES MOINES ARTS FESTIVAL 1408 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR THE FESTIVAL ON JUNE 23 - 25, 2023. (JJ) DES MOINES EMBASSY CLUB 100 LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A WEDDING ON JUNE 3, 2023. (KK) DES MOINES EMBASSY CLUB 100 LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A WEDDING ON JUNE 6, 2023. (LL) IOWA CRAFT BREW FESTIVAL 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 3, 2023. (MM) JRS SOUTHPORK RANCH 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR THE WORLD PORK EXPO JUNE 6 - 10, 2023. 3 5/17/2023  (NN) PAR CATERERS 3915 FLEUR DR 5 days CLASS C LIQUOR LICENSE FOR PRINCIPAL CHARITY CLASSIC ON MAY 31 - JUNE 4, 2023. (OO) RIPROAR EVENTS 313 WALNUT ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DAM TO DSM ON JUNE 2 - 3, 2023. (PP) SA PRESENTS 2251 GEORGE FLAGG PKWY #A 5 days CLASS C LIQUOR LICENSE FOR CHARLES WESLEY GODWIN CONCERT ON JUNE 9, 2023. (QQ) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON JUNE 2, 2023. (RR) ST GEORGE GREEK ORTHODOX 1110 35TH ST 5 days CLASS C LIQUOR LICENSE FOR THE GREEK FOOD FAIR JUNE 2 - 4, 2023. (SS) TANGERINE FOOD COMPANY 2251 GEORGE FLAGG PKWY #A 5 days CLASS C LIQUOR LICENSE FOR BALLET DES MOINES ON JUNE 1, 2023. (TT) TOP IT OFF LIQUOR CATERING 1011 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JUNE 9, 2023. (UU) YOUR PRIVATE BAR 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING RECEPTION ON JUNE 3, 2023. 23-0697 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 6. Ordering construction of the following: 23-0698 (A) Gray’s Station Trunk Sanitary Sewer: Receiving of bids, (6-13-23) and Setting date of hearing, (6-26-23), Engineer’s estimate, $1,550,000. (Council Communication No. 23- 252) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0699 (B) Demolition of Former Public Works Facility at 216 SE 5th Street and 108 SE 5th Street: Receiving of bids, (6-13-23) and Setting date of hearing, (6-26-23), Engineer’s estimate, $775,000. (Council Communication No. 23-251) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 4 5/17/2023 23-0700 7. Approving Supplemental Agreement No. 5 to the Professional Services Agreement with Kirkham Michael & Associates, Inc. for additional design services for Southeast Connector – SE 30th Street to U.S. 65, not to exceed $981,000. (Council Communication No. 23-249) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0701 8. Authorizing issuance of a Notice of Intent to Enter into a Guaranteed Maximum Price Contract pursuant to Iowa Code Chapter 26A for the North Side Community Recreation Center and authorization for staff to proceed pursuant to Iowa Code Chapter 26A. (Council Communication No. 23-250) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0702 9. Approving exception to the Request for Proposal for good cause and approving Professional Services Agreement with Calhoun-Burns and Associates, Inc. for the City-Wide Bridge Evaluation – 2023, not to exceed $220,000. (Council Communication No. 23-247) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0703 10. Approving Private Construction Contract between TK Concrete, Inc. and Des Moines Independent Community School District for Paving Improvements to serve South Union Elementary. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 11. Approving completion and acceptance of Private Construction Contracts between the following: 23-0704 (A) Baker Mechanical, Inc. d/b/a Baker Group and Principal Life Insurance Company for Storm Sewer Improvements at 702 9th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0705 (B) Tech Construction Corp d/b/a Caselli Construction and Van-Am Properties, LLC for Paving Improvements at 702 20th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0706 (C) Baker Electric, Inc. and Kemin Industries, Inc. for Traffic Signal Improvements at E. Martin Luther King Jr. Parkway and SE 18th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0707 12. 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. 5 5/17/2023  13. Accepting completed construction and approving final payment for the following: 23-0708 (A) Fleur Drive Reconstruction, Southbound Lanes, from George Flagg Parkway to Watrous Avenue, Inroads, LLC. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0709 (B) 9th and Locust Street Parking Garage Skywalk & HVAC Improvements, Neumann Brothers, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0710 (C) 2021 PCC Residential Paving Program, MPS Engineers, PC d/b/a Kingston Services, PC. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. SPECIAL ASSESSMENTS 23-0711 14. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-04. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LAND/PROPERTY TRANSACTIONS 23-0712 15. Rededicating portions of alley, E. 3rd Street and E. Walnut Street right-of-way adjoining 304 E. Walnut Street for right-of-way purposes. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0713 16. Releasing PUD restoration bond for Casey’s General Store on SW 9th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0714 17. Approving Appointment of Jeff Hatfield as a Member of the Des Moines Skywalk Committee. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0715 18. Communication from Dan Drendel of his resignation from the Plan and Zoning Commission, Seat 6, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 6 5/17/2023  18-I Items regarding the Greater Des Moines Sister Cities Commission: 23-0716 (A) Communication from Marcus Coenen of his resignation from Seat 9, effective May 8, 2023. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0717 (B) Approving appointment of Council Member Martin Squier as the Primary Representative for the City of Cumming. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS FROM PLANNING AND ZONING 23-0718 19. Regarding request from Greater Des Moines Habitat for Humanity (Ryan Doyle, Officer) for review and approval of a Preliminary Plat “Habitat – E 46th Street” to allow for development of fifteen (15) one-household residential lots on property located at 4320 E. 46th Street. Moved by Westergaard to receive and file. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. SETTING DATE OF HEARINGS 23-0719 20. On conveyance of vacated alley right-of-way located west of and adjoining 1530 E. 17th Court to James Blake, $25, (6-12-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0720 21. On conveyance of vacated alley right of way in the block bounded by Garfield Avenue on the north, Easton Boulevard on the south, Stewart Street on the east and Dixon Street on the west to Fernando Guerrero Castillo, David and Linda Wood, and Swift Properties, LLC, (6- 12-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0721 22. On conveyance of a permanent underground electric line easement in City property located at 1553 Maury Street to MidAmerican Energy Company for the new City of Des Moines greenhouse project, (6-12-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0722 23. On request from Cambodian Buddhist Society, Inc (Noy Noeuy, Officer) to amend Plan DSM Creating Our Tomorrow Plan to revise the future land use classification and to rezone property located in the vicinity of 1301 19th Street from “NX1” Neighborhood Mix District to “RX1” Mixed-Use District to allow the reuse of an existing building as a grocery store, (6-12-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 7 5/17/2023 23-0723 24. On request from Charles E. Koenigs and Shirley D. Koenigs (Owners) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification of a portion of the property located at 7905 SE 14th Street, generally in the northwest corner of the lot, from Parks and Open Space with Development Control Zone to Low Density Residential, and to rezone a portion of the property generally in the northwest corner of the lot from “F” Flood District to “N1a” Residential District to allow the construction of a new accessory building, (6-12-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0724 25. On consideration of a license agreement with Downtown Des Moines Self-Supported Municipal Improvement District d/b/a Operation Downtown for installation, maintenance and display of artwork within the Principal Riverwalk Trail Underpass under the Iowa Women of Achievement Pedestrian Bridge, (6-12-23). (Council Communication No. 23- 258) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0725 26. Approving payment to Taylor Roth for a property damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0726 27. Approving payment to Dennis Bair for a workers’ compensation claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. CITY MANAGER COMMUNICATIONS 23-0727 28. Submitting travel and training request for Mayor T.M. Franklin Cownie. (Council Communication No. 23-270) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. APPROVING 23-0728 29. Community Development Block Grant (CDBG) funding to prepare for, prevent, and respond to Coronavirus, second round (CDBG-CV 2), first extension request to Iowa Economic Development Authority (IEDA) for grant agreement number 20-CVE-001. (Council Communication No. 23-257) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0729 30. First Amendment to the Urban Renewal Development Agreement with 217 E Second LC and acceptance of revised Conceptual Development Plan for the renovation of the existing 20,500 square foot commercial building and related site improvements located at 217 E. 2nd Street for commercial and office uses. (Council Communication No. 23-268) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 8 5/17/2023  31. Support for Workforce Housing Tax Credit benefit applications to be submitted to the Iowa Economic Development Authority for the following: (Council Communication No. 23-267) 23-0730 (A) HOA Development, LLC (Jenny Drake, Vice President) for the Aston Project at 603 E. 6th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0731 (B) Conlin Development Group (JB Conlin, Manager) for the Rehabilitation Project at 826 18th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0732 (C) Elevate Townhomes, LLC (Adam Sieren, Owner) for the Elevate Townhomes Project at 508 Indianola Road. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0733 (D) 1435 Mulberry, LLC (Andrew Juris, President) for the Falcon Project at 1435 Mulberry Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0734 (E) Wade Investments, LLC (Ryan Wade, Partner) for the High Street Lofts II Project at 1613 High Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0735 (F) North Des Moines Town Hall, LLP (Chaden Halfhill, Partner) for Falcon Project at 1601 6th Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0736 (G) 36 on 6th, LLC (Tim Bratvold, Owner) for the Klein Building Project at 3614 6 th Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0737 (H) EV Green Acre Companies (Dan Garrett, Consultant) for the Falcon Drive – 13th and Mulberry Project at 1301 Mulberry Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0738 (I) HOA EVMF, LLC (Jenny Drake, Vice President) for the Tempo Project at 317 E. 6 th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0739 (J) EV Mixed Use, LLC (Alexander Grgurich, Director of Development) for the 418 E. Grand Project located at 418 E. Grand Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 9 5/17/2023 23-0740 32. Issuance of Certificate of Completion for NMDP Holdings LLC SE Agribusiness Urban Renewal Project at 3312 E. Granger Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0741 33. Petition to expand and continue Downtown Des Moines Self-Supported Municipal Improvement District (SSMID) for an additional 10 years beginning July 1, 2024 pursuant to Chapter 386 of the Iowa Code and to refer the petition to the Plan and Zoning Commission for review and recommendation. (Council Communication No. 23-269) Moved by Gatto to receive, file and refer the Petition to the City Plan and Zoning Commission for preparation of an evaluative report on the merit and feasibility of continuing the Downtown SSMID and to make recommendations with respect to the project. The Commission is further requested to submit its report and recommendation for receipt by the City Council at its regular meeting on June 26, 2023. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0742 34. Facility Use Agreement with World Triathlon Corporation d/b/a IRONMAN for use of Gray’s Lake Park and Rotary Riverwalk Park parking lot and Meredith, Kruidenier and Bill Riley Multi-Use Trails for the 2023 IRONMAN Triathlon. (Council Communication No. 23-260) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0743 35. Approval of agreement with Des Moines Independent Community School District for Shared Use of City Parks and Recreational Facilities and School District Facilities. (Council Communication No. 23-259) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0744 36. Approval of agreement with Bike World for Parks and Recreation Department bicycle rentals. (Council Communication No. 23-261) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0745 37. Grant funding agreement with Rebuilding Together Greater Des Moines, Inc. d/b/a Rebuilding Together to support homeowners using the ION Homeowner Renovation Program. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. WITHDRAWN 23-0746 38. Second Amendment to Agreement with Community Foundation of Greater Des Moines for administration of the Public Arts Program. 23-0747 39. Application for funding through the Fiscal Year (FY) 2023 Law Enforcement Agency De- Escalation Grant through the Community Oriented Policing Office of the Department of Justice, $69,500. (Council Communication No. 23-266) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 10 5/17/2023 23-0748 40. Obligating funds as provided in American Rescue Plan Act (ARPA) legislation and rules and granting authority to the City Manager to execute contracts related to ARPA funds. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0749 41. Inflation Reduction Act Grant Application seeking $5,000,000 for Forestry Division Tree Planting and Maintenance Program. (Council Communication No. 23-263) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0750 42. Purchase from Truck Equipment Company (Terry Wieseler, Owner) to purchase and install various truck body equipment and accessories on six (6) city-owned chassis for use by the Public Works Department, estimated cost $370,737. (One (1) compliant bid received). (Council Communication No. 23-255) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0751 43. Purchase from Gartner, Inc. (Eugene A. Hall, President) of a subscription for Information Technology research and advisory services per NASPO Agreement for use by the Information Technology Department, $109,732. (Council Communication No. 23-256) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0752 44. Purchase from Toter, Inc. (Chad Coauette, Executive Director/CEO) for solid waste collection carts per Sourcewell Contract for use by the Public Works Department, estimated cost $700,000. (Council Communication No. 23-262) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0753 45. Agreement with 6th Avenue Corridor, Inc. for the early transfer of funds to City. (Council Communication No. 23-246) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0754 46. Amendment to Cooperative Agreement with 6th Avenue Corridor, Inc. (Council Communication No. 23-245) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0755 47. Purchase from Central Salt, LLC (Thomas Peterson, President/General Manager) for joint purchase with the City of West Des Moines, Polk County and 26 other public entities representing the Central Iowa Salt Group (CISG) for granular deicer products to be used by the Public Works Department, $918,135. (Five (5) potential bidders, three (3) received). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0756 48. Exception to the procurement ordinance competitive bidding requirement for good cause and execution of a Cost Sharing Agreement with the Des Moines Independent Community School District for the School Crossing Guard Program, not to exceed $230,000 per year. (Council Communication No. 23-265) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 11 5/17/2023 23-0757 49. Additional funds for the purchase of uniforms and alteration services from Galls LLC (Michael Wessner, CEO) for use by the Police Department, $46,000. (Estimated annual cost $171,000). (Council Communication No. 23-264) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 50. Abatement of public nuisances as follows: 23-0758 (A) 1930 Arlington Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0759 (B) 503 E. Watrous Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0760 (C) 1540 Des Moines Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0761 (D) 1625 22nd Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0762 (E) 2806 Maple Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0763 (F) 2818 Raccoon Street. Moved by Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0764 51. Authorizing Finance Director to draw checks on registers for the weeks of May 22, 29 and June 5, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of May 22, 29 and June 5, 2023; to draw checks for biweekly payroll due June 2, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 12 5/17/2023  HEARINGS (OPEN AT 5:05 P.M.) (ITEMS 52 THRU 59) 23-0765 52. 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. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0766 (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. 23-0767 (B) Final consideration of ordinance above (waiver requested, 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, #16,249. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0768 53. On the proposed Eleventh Amendment to the Urban Renewal Plan for the Ingersoll-Grand Commercial Urban Renewal Area. (Council Communication No. 23-240) Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0769 54. On the proposed Thirty-Second Amendment to the Urban Renewal Plan for the Metro Center Urban Renewal Area. (Council Communication No. 23-242) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0770 55. On the proposed Fourth Amendment to the Urban Renewal Plan for the Merle Hay Commercial Urban Renewal Area. (Council Communication No. 23-241) Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0771 56. On the proposed Sixth Amendment to the Urban Renewal Plan for the Southside Economic Development District Urban Renewal Area. (Council Communication No. 23-244) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0772 57. On the proposed Fourteenth Amendment to the Urban Renewal Plan for the SE Agribusiness Urban Renewal Area. (Council Communication No. 23-243) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 13 5/17/2023 23-0773 58. On Riverview Restroom Facility: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Munro Construction Company (Patrick T. Munro, President), $570,000. (Council Communication No. 23-253) Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0774 (A) Approval of contract and bond. Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0775 59. On SW 63rd Street Resurfacing from Willow Creek Drive to Dead End North: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as OMG Midwest, Inc. dba Des Moines Asphalt & Paving (Kevin Bragg, President), $264,096.20. (Council Communication No. 23-248) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0776 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. ****END HEARINGS AT 5:15 P.M.**** ORDINANCES FIRST CONSIDERATION 23-0777 60. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-254) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. (A) Code Correction – Cambridge Street between E Euclid Avenue and E Douglas Avenue. (B) Parking Modification – E Sheridan Avenue between Sampson Street to Glenbrook Drive. (C) Parking Modification – Park Avenue between SW 24th Street and SW 29th Street. (D) Parking Modification – Watrous Avenue between Fleur Drive and SW 26th Street. (E) Parking Modification – Lower Beaver Road between Madison Avenue and Shawnee Place. (F) Corner Clearance Parking Restrictions: (1) 17th Street and Clark Street. (2) 36th Street and Cottage Grove Avenue. (3) 53rd Street and Ovid Avenue. 23-0778 (G) 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, #16,250. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. 14 5/17/2023 23-0779 61. Amending Chapter 2 of the Municipal Code relating to elections. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0780 (A) Final consideration of ordinance above (waiver requested by Scott Sanders, City Manager), 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, #16,251. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS/REPORTS 23-0781 62. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. (A) Bridget Botkin (B) Adam Callanan (C) Frank Ingersoll EXTRA ITEM 23-0782 1. Approving retention of Brent Hinders with Hopkins & Huebner, PC as outside counsel due to a conflict of interest. Sponsor: Mayor Cownie. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0783 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:51 PM. 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 15 5/17/2023