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 June 12, 2023 5:00 PM PROCLAMATIONS – 4:45 PM Immigrant Heritage Month Iowa Craft Beer Month Go Skateboarding Day 23-0790 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. Mayor Cownie participated in the meeting by phone. 23-0791 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0792 3. APPROVING CONSENT AGENDA * – items 3 through 48: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 1 6/12/2023  *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 23-0793 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. NEW APPLICATION (A) 77 RESTAURANT 1452 2ND AVE Class C Liquor RENEWAL APPLICATIONS (B) AKEBONO 215 10TH ST Class C Liquor (C) BERK AND CHESTERS 5800 FLEUR DR Class C Liquor (D) BLANK PARK ZOO 7401 SW 9TH ST Class C Liquor (E) BLAZE PIZZA 300 W MLK JR PKWY Special Class C (F) CJS II 316 E 30TH ST Class C Liquor (G) CONTINENTAL 407 E 5TH ST Class C Liquor (H) CREME 543 28TH ST Class C Liquor (I) DSM CONCESSIONS LLC 5800 FLEUR DR Class C Liquor (J) EL RANCHO ALEGRE 3308 INDIANOLA AVE Class C Liquor (K) GIT N GO STORE #11 3940 E 29TH ST Class B Retail (L) GIT N GO STORE #31 2601 SW 9TH ST Class B Retail (M) KELLYS LITTLE NIPPER 1701 E GRAND AVE Class C Liquor (N) NEW CHINA BUFFET 1201 E ARMY POST RD Special Class C (O) PLATFORM 400 WALNUT ST Class C Liquor (P) QUIKTRIP #516 1000 E UNIVERSITY AVE Class B Retail (Q) SCOTTISH RITE PARK 2909 WOODLAND AVE Class F Retail (R) TOBACCO OUTLET #519 727 SE 14TH ST Class B Retail (S) VETERANS MEMORIAL CCCU 833 5TH AVE Class C Liquor SPECIAL EVENT APPLICATIONS (T) BUZZARD BILLYS 615 3RD ST PARKING LOT 5 days CLASS C LIQUOR LICENSE FOR DOOBIE BROTHERS CONCERT ON JUNE 18 AND CHRIS STAPLETON CONCERT ON JUNE 22, 2023. PENDING APPROVAL OF THE ZONING DEPARTMENT. (U) CAJUN FEST 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 17, 2023. (V) DES MOINES EMBASSY CLUB 100 LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON JUNE 22, 2023. 2 6/12/2023  (W) JRS SOUTHPORK RANCH 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR GOODGUYS CAR SHOW ON JULY 1 - 2, 2023. (X) MOHATT WEDDING 3020 FOREST AVE 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JUNE 24, 2023. (Y) OLD WEST BARBEQUE 3000 E GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR GOODGUYS CAR SHOW ON JULY 1 - 2, 2023. (Z) SA PRESENTS 2251 GEORGE FLAGG PKWY 14 days CLASS C LIQUOR LICENSE FOR CONCERTS ON JUNE 27, 28, 30 AND JULY 3, 2023. (AA) STEER N STEIN 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR GOODGUYS CAR SHOW ON JULY 1 - 2, 2023. (BB) TOP IT OFF LIQUID CATERING 1408 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JUNE 22, 2023. (CC) WAT LAO BUDDHAVAS 1804 E PARK AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A FESTIVAL ON JUNE 16-18, 2023. (DD) YOUR PRIVATE BAR 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JUNE 24, 2023. 23-0794 4-I Approving 5-day Special Class C Liquor License (Beer/Wine) for Salisbury House at 4025 Tonawanda Drive for Shakespeare on the Lawn on June 28, 2023. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0795 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. PUBLIC IMPROVEMENTS 23-0796 6. Ordering construction of Ingersoll Avenue Pavement Markings – Martin Luther King Jr. Parkway to 15th Street: Receiving of bids, (6-27-23) and Setting date of hearing, (7-17-23), Engineer’s estimate, $225,000. (Council Communications No. 23-281) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 3 6/12/2023 23-0797 7. Approving and authorizing the execution of agreements for Cooperative Public Service between Polk County and the City of Des Moines and between the Iowa Department of Transportation and the City of Des Moines for Traffic Signal Equipment Upgrades as part of the Intelligent Transportation Systems Master Plan—Phase 3 Project. (Council Communication No. 23-282) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0798 8. Approving Professional Services Agreement with Substance, LLC for the Des Moines Fire Station No. 4 Replacement project, not to exceed $965,060. (Council Communication No. 23-284) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0799 9. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with Ace Pipe Cleaning, Inc. for 2023 Sanitary and Storm Sewer Televising Inspection and Analysis Program, not to exceed $472,910. (Council Communication No. 23-283) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0800 10. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with I&S Group, Inc. for Market District Street Reconstruction Project (E. 1 st, 2nd, 3rd, and 7th Streets), not to exceed $295,015. (Council Communication No. 23-285) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 11. Approving Private Construction Contracts between the following: 23-0801 (A) Evolution Contracting, LLC and KEC Investments, LLC for Sanitary and Storm Sewer Improvements in 2300 Stanton Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0802 (B) Beal Derkenne Construction LLC and 515 Walnut LLC for Skywalk 5C-5D Structural Support Improvements in 515 Walnut Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 12. Approving completion and acceptance of Private Construction Contracts between the following: 23-0803 (A) Valley Plbg. Co., Inc. d/b/a Rhiners Plumbing Co. Inc. and Grandview Gardens, LLC for Sanitary Sewer Improvements at E. 17th Street between E. Washington Avenue and Mattern Avenue (Busco Addition). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0804 (B) Elder Corporation and R. Michael Knapp 2001 Revocable Trust for Sanitary Sewer Improvements in vicinity of the intersection of NE 38th Avenue and NE 56th Street (Brook Run North). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 4 6/12/2023 23-0805 (C) BallTeam, LLC and Fareway Stores, Inc. for Paving and Storm Sewer Improvements at 2716 Beaver Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0806 13. Communication from contractors requesting permission to sublet certain items on public improvement projects. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0807 14. Accepting completed construction and approving final payment for Intelligent Transportation System Phase 1, Iowa Signal, Inc. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. SPECIAL ASSESSMENTS 23-0808 15. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-06. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0809 16. Deletion of NAC – Emergency Assessment at 2911 Merle Hay Road. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0810 17. Deletion of rental inspection assessment at 2920 Douglas Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0811 18. Recertification of recognized neighborhoods. (Council Communication No. 23-290) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 18-I Recommendation from Mayor Cownie for the following: 23-0812 (A) Appointment of Jessica Feeney to the Airport Authority Board, Seat 4, for a four-year term commencing July 1, 2023, expiring June 30, 2027. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0813 (B) Reappointment of Jacob Christensen to the Airport Authority Board, Seat 1, for a four- year term expiring June 30, 2027. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0814 (C) Reappointment of Mark Feldmann to the Airport Authority Board, Seat 2, for a four- year term expiring June 30, 2027. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 5 6/12/2023 23-0815 19. Recommendation from Council Member Boesen to appoint Chad Nelson to the Historic Preservation Commission, Seat 5, to fill a vacancy with a term expiring October 18, 2023. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 20. Recommendation from Council Member Voss for the following: 23-0816 (A) Reappointment of Mickey Carlson to the Housing Services Board, Seat 3, for a three- year term expiring June 30, 2026. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0817 (B) Reappointment of Teresa Parmenter to the Greater Des Moines Sister Cities Commission, Seat 7, for a five-year term expiring April 27, 2028 Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0818 (C) Appointment of Richard Trower to the Plan and Zoning Commission, Seat 6, for a five- year term expiring July 1, 2025. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 21. Recommendation from Council Member Gatto to reappoint the following: 23-0819 (A) Blake Hanson to the Transportation Safety Committee, Seat 8, for a three-year term expiring December 31, 2025. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0820 (B) Bart Caldwell to the Building and Fire Code Board of Appeals, Seat 14, for a three-year term expiring April 1, 2026. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0821 (C) Dave Dykstra to the Building and Fire Code Board of Appeals, Seat 7, for a three-year term expiring April 1, 2024. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. SETTING DATE OF HEARINGS 23-0822 22. On vacation of segments of Ingersoll Avenue right-of-way and conveyance of easements for bus shelter encroachment on City-owned property to Des Moines Area Regional Transit Authority, $1,320, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0823 23. On vacation of a portion of alley right-of-way in the block bounded by Woodland Avenue on the north, High Street on the south, 24th Street on the east and 28th Street on the west and conveyance to Jesse Laake, Cameron Gale, Chester Smith and Nicole Ryan, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 6 6/12/2023 23-0824 24. On vacation of an undeveloped portion of SW 4th Street right-of-way located between Porter Avenue and Diehl Avenue and conveyance of a portion of said vacated right-of-way to MRL Enterprises, LLC, $150, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0825 25. On conveyance of excess City property located at the corner of E. Washington Avenue and DeWolf Street to Jackson Contracting, LLC, $30,500, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0826 26. On request from William C Knapp, LC (Gerard D. Neugent, Officer), for two (2) parcels located in the vicinity of 1803 County Line Road, to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Business Park within a Future Neighborhood Node to Community Mixed Use, Business Park, Public/Semi-Public, and Low-Medium Density Residential within a Neighborhood Node, and to rezone the properties from “EX” Mixed Use District to multiple districts, including “MX3” Mixed-Use District, “MX1” Mixed-Use District, “P2” Public, Civic and Institutional District, “I1” Industrial District, and “NX2” Neighborhood Mix District, to allow a large-scale, multi-use development, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0827 27. On approval of a License Agreement with Sherman Hill Association, Inc. to allow for the replacement of the existing street light system with a decorative lighting system within the street right-of-way border area in parts of the Sherman Hill neighborhood, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0828 28. On the intent to commence a public improvement project to construct the E. Army Post Road and SE 36th Street Roundabout Project and to authorize acquisition of the necessary property interests, (6-26-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0829 29. On voluntary annexation of property located north of and adjoining 4845 Merle Hay Road, (7-17-23). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0830 30. On proposed First Amendment to the Urban Renewal Plan for the East Army Post Road Urban Renewal Area, (8-7-23). (Council Communication No. 23-296) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 7 6/12/2023  LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0831 31. Approving Release arising from Change Order No. 1 on the Harriet Street Solar Field. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0832 32. Approving payment to Pagliai Collision Center for a property damage claim. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. APPROVING 23-0833 33. HOME Investment Partnerships Program funding as authorized under the American Rescue Plan (HOME-ARP) Agreement with Anawim Housing for $1,000,000 for the rehabilitation of Monarch Apartments at 4845 Merle Hay Road. (Council Communication No. 23-291) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0834 34. Request to Polk County Treasurer and agreements with nonprofit development partners for assignment of tax sale certificates for various properties for development and or rehabilitation of housing. (Council Communication No. 23-289) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0835 35. Second Amendment to and Assignment of Agreement with Community Foundation of Greater Des Moines and the Greater Des Moines Public Art Foundation for administration of the Public Arts Program. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0836 36. Third Supplemental Skywalk Agreement with 515 Walnut, LLC. (Council Communication No. 23-297) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0837 37. IDOT Supplemental Agreement for maintenance of primary roads in municipalities from July 1, 2023 to June 30, 2024 including for emergency maintenance of State of Iowa owned traffic signals. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0838 38. Data Sharing Agreement with Polk County Sheriff’s Office and the City of West Des Moines on behalf of Westcom Public Safety Answering Point. (Council Communication No. 23- 293) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 8 6/12/2023 23-0839 39. Second amendment to Agreement with Intergraph Corporation d/b/a Hexagon Safety & Infrastructure for computer aided dispatch system. (Council Communication No. 23-294) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0840 40. Clarification and approval of Roll Call 23-0565 from April 24, 2023 City Council agenda item 5. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 41. Number not used. 23-0841 42. Agreement with Root Cause Equity Consulting for consultant services for an organizational equity assessment. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 43. Water Quality Initiative Urban Conservation Demonstration Projects Cost-Share Grant Contract with Iowa Department of Agriculture and Land Stewardship (IDALS) for the following: 23-0842 (A) Des Moines Stormwater Detention Basin Water Quality Retrofit. (Council Communication No. 23-274) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0843 (B) Glendale Cemetery Wet Pond Rehabilitation. (Council Communication No. 23-278) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0844 44. Application from Parks Area Foundation, an affiliate of Highland Park SSMID, requesting permission to display 35 banners to signify the historic business district along the Highland Park SSMID District. Moved by Gatto to approve placement of the banners. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 45. Abatement of public nuisances as follows: 23-0845 (A) 2744 Adams Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0846 (B) 1911 62nd Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0847 (C) 2600 Cottage Grove. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0848 (D) 1401 Stewart Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0849 (E) 2939 Des Moines Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0850 (F) 2617 E. Porter Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 9 6/12/2023 23-0851 46. Additional funds of $300,000 for the annual agreement with Central Iowa Ready Mix, Norwalk Ready Mix Concrete, Liberty Ready Mix and CTI Ready Mix to furnish Portland Cement Concrete for use by the Public Works Department, estimated annual cost $900,000. (Council Communication No. 23-275) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0852 47. Purchase from sole source Med Alliance Group, Inc. (Mike S. Crawford, President) for eighteen (18) EleGARD devices to be used for the Advanced Cardiac Resuscitation (ACR) Guideline by the Fire Department, $110,278.43. (Council Communication No. 23-287) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. 23-0853 48. Authorizing Finance Director to draw checks on registers for the weeks of June 12 and June 19, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of June 12 and June 19, 2023; to draw checks for biweekly payroll due June 16, 2023. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-1. Absent: Sheumaker. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 49 THRU 54) 23-0854 49. On conveyance of vacated alley right-of-way located west of and adjoining 1530 E. 17th Court to James Blake, $25. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0855 50. 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. Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0856 51. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 10 6/12/2023 23-0857 52. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0858 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0859 (B) Final consideration of ordinance above (waiver requested by 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, #16,252. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0860 53. 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. (Plan and Zoning Commission recommends denial. Requires six votes for approval. Choose one alternative below.) Moved by Voss and Second by Gatto to DENY the proposed rezoning. Motion Carried 6-1. Absent: Sheumaker. 23-0861 54. 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. (Council Communication No. 23-279) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. ****END HEARINGS AT 5:10 PM**** IMFORMAL HEARING 23-0862 55. 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. 23-295) Moved by Gatto to receive and file document from Jack Porter. Second by Mandelbaum. Motion Carried 5 yes. Moved by Westergaard and Second by Voss to APPROVE the request to demolish the building at 3524 6th Avenue, subject to all conditions and requirements set forth in City of Des Moines Municipal Code §58-70(d). Refer to the City Manager to look into a property maintenance code. Motion Carried 5-2. Absent: Sheumaker and Cownie. 11 6/12/2023  ORDINANCES FIRST CONSIDERATION 23-0863 56. Amending Sections 118-295, 118-296 and 118-297 of the Municipal Code relating to stormwater best management practices program. (Council Communication No. 23-277) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 5-2. Absent: Sheumaker and Cownie. 23-0864 (A) Final consideration of ordinance above (waiver requested by Jonathan Gano, Public Works 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, #16,253. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. 23-0865 57. Amending Section 118-302 of the Municipal Code relating to private property protection program. (Council Communication No. 23-276) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. 23-0866 (A) Final consideration of ordinance above (waiver requested by Jonathan Gano, Public Works 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, #16,254. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. 23-0867 58. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-280) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. (A) Parking Modification – Grand Avenue between Seventeenth Street and Eighteenth Street. (B) Parking Modification – 3rd Street between Locust Street and Grand Avenue. (C) Traffic Modification – 18th Street between Grand Avenue and Ingersoll Avenue. (D) Speed Limit Reduction – Franklin Avenue between 34th Street and Beaver Avenue. (E) Traffic Control and Parking Modifications – South Union Street and Leach Avenue. 23-0868 (F) 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, #16,255. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 12 6/12/2023  COMMUNICATIONS/REPORTS 23-0869 59. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. (A) Adam Callanan – Did not speak. (B) Jeff Krugler (C) Christine Evans – Did not speak. (D) Tanya Keith (E) Jack C. Porter 23-0870 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:45 PM. Second by Voss. 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 13 6/12/2023