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 26, 2023 5:00 PM I. CLOSED SESSION – 3:45 PM 23-0871 (A) Roll Call. Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. 23-0872 (B) Recess, and reconvene in closed session pursuant to Section 21.5, subsection 1, paragraph C, of the Iowa Code, to discuss necessary strategy with counsel in matters that are presently in litigation or where litigation is imminent, where its disclosure would be likely to prejudice or disadvantage the position of the City. Moved by Gatto to adopt. Second by Boesen. Motion Carried upon roll call 6-1. Absent: Sheumaker. 23-0873 (C) Closed Session. 23-0874 (D) Terminate closed session and reconvene in open session. Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 1 6/26/2023 23-0875 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:23 PM. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. * * * * * * * * * * * * * * * * * * * * * * * * 23-0876 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. 23-0877 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0878 3. APPROVING CONSENT AGENDA * – items 3 through 51: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 23-0879 4. Approving Alcoholic Beverage Applications for the following: Moved by Mandelbaum to adopt all items except 4U and to continue item 4U to the July 17, 2023 Council meeting to allow the City Manager, Police and Legal Departments to review that all City and State license requirements are being met by the owner. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. NEW APPLICATIONS (A) 77 RESTAURANT 1452 2ND AVE Class C Liquor (B) HAUNT 500 LOCUST ST Class C Liquor (C) IOWA STATE FAIR 3000 E GRAND AVE Class B Native (D) SINGLESPEED BREWING 303 SCOTT AVE Class C Liquor (E) TOP IT OFF LIQUID 1011 LOCUST ST Class C Liquor RENEWAL APPLICATIONS (F) 1ST STOP BEVERAGE SHOP 2839 E UNIVERSITY AVE Class E Liquor (G) BUBBA - SOUTHERN COMFORTS 200 10TH ST Class C Liquor (H) DES MOINES PLAYHOUSE 831 42ND ST Class C Liquor (I) DRUGTOWN WINE & SPIRITS 4100 UNIVERSITY AVE Class E Liquor (J) HOLIDAY INN DOWNTOWN 1050 6TH AVE Class C Liquor (K) HY VEE FOOD STORE #4 4605 FLEUR DR Class E Liquor (L) HY VEE FOOD STORE #5 1107 E ARMY POST RD Class E Liquor 2 6/26/2023  (M) LOCUST TAP 434 E LOCUST ST Class C Liquor (N) MARISCOS EL CAPITAN 2809 6TH AVE Class C Liquor (O) PRINCIPAL FINANCIAL 750 PARK ST Class C Liquor (P) RITAS CANITANA 401 SE 5TH ST Class C Liquor (Q) SCIENCE CENTER OF IOWA 401 W MLK JR PKWY Class C Liquor (R) SMOKIN JOES OUTLET #20 3019 SE 14TH ST Class B Retail (S) SOUTH TOWN TAP 3803 SW 9TH ST Class C Liquor (T) SPLASH SEAFOOD BAR & GRILL 303 LOCUST ST #100 Class C Liquor *(U) TIPSY CROW TAVERN 102 3RD ST Class C Liquor (V) TOBACCO HUT PLUS US GAS 3000 SW 9TH ST Class E Liquor (W) WAKONDA CLUB 3915 FLEUR DR Class C Liquor (X) WAVELAND GOLF COURSE 4908 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATIONS (Y) 80/35 MUSIC FESTIVAL 1230 LOCUST ST (BEER TENT) 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JULY 7 - 8, 2023. (Z) 80/35 MUSIC FESTIVAL 1200 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JULY 7 - 8, 2023. (AA) 80/35 MUSIC FESTIVAL 920 LOCUST ST (BEER TENT} 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JULY 7 - 8, 2023. (BB) APRES BAR CO 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JULY 21, 2023. (CC) BEAVERDALE NEIGHBORHOOD 4900 HICKMAN RD 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BEAVERDALE BLUEGRASS FESTIVAL ON JULY 15, 2023. (DD) BUD TENT 3000 E GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR GOODGUYS SHOW ON JULY 1 - 2, 2023. (EE) DEPOT 3000 E GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR GOODGUYS CAR SHOW ON JULY 1 - 2, 2023. (FF) HY VEE 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JULY 15, 2023. (GG) IMPALA BALLROOM 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR CORRIDOS FEST ON JULY 15, 2023. 3 6/26/2023  (HH) IOWA TAPROOM 215 E 3RD ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR MOONLIGHT CLASSIC ON JULY 14, 2023. (II) OVATIONS FOOD SERVICES LP 833 5TH AVE (PARKING LOT) 5 days CLASS C LIQUOR LICENSE FOR WALKER HAYES CONCERT ON JULY 15, 2023. (JJ) SA PRESENTS 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR DEAD SOUTH CONCERT ON JULY 13 AND STYX CONCERT ON JULY 14, 2023. (KK) SA PRESENTS 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR WHISKEY MEYERS CONCERT ON JULY 20, 2023. (LL) SALISBURY HOUSE 4025 TONAWANDA DR 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR SHAKESPEARE ON THE LAWN ON JULY 18 - 23, 2023. (MM)SENOR TEQUILA MEXICAN 3411 SE 14TH 5 days CLASS C LIQUOR LICENSE FOR HAPPY BIRTHDAY AMERICA ON JULY 2, 2023. (NN) YOUR PRIVATE BAR 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JULY 8, 2023. (OO) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JULY 1, 2023. OUTDOOR SERVICE APPLICATIONS (PP) LUA BREWING 1525 HIGH ST Class C Liquor TEMPORARY FOR AMATEUR WRESTLING EVENT ON JULY 15, 2023. (QQ) SODEXO LIVE! 1 LINE DR Class C Liquor TEMPORARY FOR BBQ & BREW AT THE BALLPARK ON JULY 15, 2023. 23-0880 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 5-1-1. Nays: Cownie. Absent: Sheumaker. 4 6/26/2023  PUBLIC IMPROVEMENTS 6. Number not used. 23-0881 7. Approving agreement with the US Army Corps of Engineers (USACE) for levee system evaluation of the Des Moines Levee Alterations Program, estimated amount of $572,469. (Council Communication No. 23-307) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0882 8. Approving Construction and Maintenance Agreement for the North Valley Drive Railroad Crossing with Iowa Interstate Railroad, LLC, estimated amount of $124,766.30. (Council Communication No. 23-303) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0883 9. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Shive-Hattery, Inc. for E. Court Avenue Improvement Project (Des Moines River to E. 14th Street), not to exceed $306,500. (Council Communication No. 23-304) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0884 10. Approving Change Order No. 5 with Woodruff Construction, Inc. for additional work on Animal Control Facility Bid Package No.'s 3, 6, 8, 10, and 11 - General Carpentry, Architectural Millwork, Glazing and Metal Panels, Tile, and Fluid Applied Flooring, $147,007.08. (Council Communication No. 23-305) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0885 11. Approving Change Order No. 7 with Absolute Concrete Construction, Inc. for additional work on Indianola Avenue Reconstruction – E. Army Post Road to US Highway 69, $171,339.32. (Council Communication No. 23-306) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 12. Approving Private Construction Contracts between the following: 23-0886 (A) Legacy Excavation, LLC and J. Larson Homes LLC for Sanitary Sewer Improvements in Three Lakes Estates Plat 11. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0887 (B) Legacy Excavation, LLC and J. Larson Homes LLC for Storm Sewer Improvements in Three Lakes Estates Plat 11. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0888 (C) Legacy Excavation, LLC and J. Larson Homes LLC for Sanitary Sewer Improvements in Three Lakes Estates Plat 12. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 5 6/26/2023 23-0889 (D) Legacy Excavation, LLC and J. Larson Homes LLC for Storm Sewer Improvements in Three Lakes Estates Plat 12. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0890 13. Communication from contractors requesting permission to sublet certain items on public improvement projects. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. SPECIAL ASSESSMENTS 23-0891 14. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-05. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0892 15. Recommendation from Council Member Mandelbaum to reappoint Shannon Henson to the Housing Appeals Board, Seat 6, for a three-year term expiring March 16, 2026. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0893 16. Recommendation from Council Member Mandelbaum to reappoint Ruth Thompson to the Access Advisory Board, Seat 14, for a four-year term expiring June 15, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. SETTING DATE OF HEARINGS 17. Items regarding shared use parking lot in the vicinity of the Lauridsen Skate Park: 23-0894 (A) Approving Memorandum of Understanding for the Riverwalk Dog Park and Lauridsen Skate Park Parking Lot with Polk County. (Council Communication No. 23-318) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0895 (B) Setting date of hearing on vacation of parkland located east of Illinois Street, south of University Avenue, and north of Interstate 235 and conveyance to Polk County, (7-17- 23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0896 18. On vacation of a segment of 7th Street right-of-way adjoining 201 7th Street and approval of a lease agreement with the Street Collective for the placement of B-Cycle Program bicycle kiosks on vacated City right-of-way, (7-17-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 6 6/26/2023 23-0897 19. On conveyance of 1012 SE 10th Street to Neighborhood Finance Corporation (NFC) for redevelopment of housing, (7-17-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0898 20. On conveyance of a vacated portion of SW 4th Street right-of-way located between Porter Avenue and Diehl Avenue to Jess Johnson, $450, (7-17-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0899 21. On conveyance of a portion of excess City property located east of and adjoining 1700 Scott Avenue to C & C Realty, LLC, $25,640, (7-17-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0900 22. On request from Timelis Restorations (Carl Weideraenders, Officer) and Hawkeye Land Company (Rick Stickle, Officer) to rezone four (4) parcels located in the vicinity of 2142 E. Market Street from “I1” Industrial District to Limited “I2” Industrial District, to allow the use of the property for a staging area for concrete recycling and storage yard, (7-17-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0901 23. On consideration of a License Agreement with Des Moines Art Center for installation, maintenance and display of artwork on the mechanical building within Evelyn K. Davis Park, (7-17-23). (Council Communication No. 23-320) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0902 24. On petition and proposal to take action for expansion and continuation of the Downtown Des Moines Self-Supported Municipal Improvement District (SSMID), (7-17-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0903 (A) Receive and file report and recommendation from the Plan and Zoning Commission. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0904 25. On the proposition of the issuance of not to exceed $22,000,000 Stormwater Management Utility Revenue Bonds, (8-7-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-0905 26. Accepting payment regarding damage to City property. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0906 27. Approving payment to MidAmerican Energy for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0907 28. Approving payment to Thomas Chambers. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 7 6/26/2023 23-0908 29. Approving payment to Patrick Knueven. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0909 30. Approving payment to Nicholas Underwood. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. CITY MANAGER COMMUNICATIONS 23-0910 31. Submitting travel and training request for Joseph Nolte and Sherill Whisenand. (Council Communication No. 23-324) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. APPROVING 23-0911 32. 2023-2024 Emergency Solutions Grant (ESG) funding under the US Department of Housing and Urban Development (HUD). (Council Communication No. 23-315) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. WITHDRAWN 23-0912 33. $1,000,000 Community Development Block Grant (CDBG) Agreement with BTB Investments 2, LLC for the rehabilitation of 1 duplex and 39 scattered site single unit rental properties. (Council Communication No. 23-317) 23-0913 34. Reallocation of Community Development Block Grant funding to prepare for, prevent, and respond to coronavirus (CDBG-CV) to Des Moines Area Religious Council (DMARC). (Council Communication No. 23-314) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0914 35. Preliminary terms of an Urban Renewal Development Agreement with 36 On 6 th, LLC for the renovation of 3614 6th Avenue for a mixed-use building including commercial and multi- family residential. (Council Communication No. 23-313) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0915 36. Grant agreement with Forest Ave Rowhomes, LLC for an affordable housing project at 31 st Street and Forest Avenue. (Council Communication No. 23-312) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0916 37. American Rescue Plan Act (ARPA) funding agreement with Trees Forever, Inc. for supplemental tree planting services. (Council Communication No. 23-321) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0917 38. Submission of application to the State of Iowa for the Iowa Thriving Communities designation. (Council Communication No. 23-316) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 8 6/26/2023 23-0918 39. Uniform amendment to skywalk agreements. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0919 40. 28E Agreement for the Administration and Funding of the Polk County Emergency Management Commission for Fiscal Years (FY) 2023, 2024, and 2025. (Council Communication No. 23-298) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0920 41. Use of various City Facilities as poll sites for precincts 24, 25, and 54 for the General Election on Tuesday, November 7, 2023. Moved by Gatto to approve. City Clerk will notify the Parks Department to arrange access to the buildings. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 42. Release of fire escrow at the following locations: 23-0921 (A) 1739 Capitol Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0922 (B) 1409 Sampson Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0923 43. Purchase from Waldinger Corporation (Thomas Koehn, CEO) of Heating, Ventilation and Air Conditioning (HVAC) services during fiscal year 2024 per State of Iowa Master Agreement for use by Facilities Division, $130,000. (Council Communication No. 23-310) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 44. Number not used. 23-0924 45. Non-competitive purchase from Qwest Corporation d/b/a CenturyLink (Glen Post, CEO) of basic telephone services for use by the Information Technology Department, at a cost of up to $190,000 annually, for a period of up to three (3) years. (Council Communication No. 23-323) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0925 46. Purchase from CDW Government, LLC (Christine A. Leahy, President and CEO) of computer and accessory equipment per State of Iowa DAS Agreements, Omnia Agreement and City of Des Moines Short Form Agreements for use by the Information Technology Department, not to exceed $210,000. (Council Communication No. 23-322) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0926 47. Issuance of blanket purchase order for purchases of generator maintenance services from Interstate Power Systems (Travis Penrod, President) for use by the Facilities Division, estimated annual cost $120,000. (Council Communication No. 23-309) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 9 6/26/2023 23-0927 48. Purchase from Sehic G&S, LLC (Bajro Sehic, Owner) of landscape installation for Fleur Drive medians phase two renovation project for use by the Parks and Recreation Department, $119,503. (209 potential bidders, one (1) bid received). (Council Communication No. 23- 319) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0928 49. Continuing contributions to the Greater Des Moines Partnership from calendar year 2023 through 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0929 50. Fund Transfer resolution of the City of Des Moines FY 2023. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0930 51. Authorizing Finance Director to draw checks on registers for the weeks of June 26, July 3 and July 10, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of June 26, July 3 and July 10, 2023; to draw checks for biweekly payroll due June 30 and July 14, 2023. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 52 THRU 60) 23-0931 52. 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, and Chester Smith and Nicole Ryan. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0932 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Seconded by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0933 (B) Final consideration of ordinance above (waiver requested by Chester Smith), 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, #16,256. Seconded by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0934 53. 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. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 10 6/26/2023 23-0935 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Seconded by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0936 (B) 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, #16,257. Seconded by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0937 54. Continuance of hearing 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, to August 7, 2023. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0938 55. On conveyance of excess City property located at the corner of E. Washington Avenue and DeWolf Street to Jackson Contracting, LLC, $30,500. Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0939 56. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0940 (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. 23-0941 (B) Final consideration of ordinance above (waiver requested by Gerard D, Neugent, 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, #16,258. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0942 57. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 11 6/26/2023 23-0943 (A) Approving Operating Agreement with Sherman Hill Association, Inc. for the provision of services and activities within the Sherman Hill Association Self-Supported Municipal Improvement District (SSMID). Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0944 58. 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. (Council Communication No. 23-302) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0945 59. On Gray’s Station Trunk Sanitary Sewer: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as MPS Engineers, PC d/b/a Kingston Services, PC (Umesh G. Shetye, President), $2,371,064. (Council Communication No. 23-299) Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0946 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0947 60. On Demolition of Former Public Works Facility at 216 SE 5th Street and 108 SE 5 th Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Earth Services &Abatement, LLC d/b/a Iowa Demolition (Mike Berst, Managing Director), $615,000. (Council Communication No. 23-300) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-0948 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. *****END HEARINGS AT 5:26 PM***** APPROVING II 61. Items regarding the Upper East Village Urban Renewal Area: 23-0949 (A) Resolution of Necessity. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0950 (B) First consideration of ordinance designating the Upper East Village TIF District No. 1. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 12 6/26/2023 23-0951 (1) Final consideration of ordinance above (waiver requested by Development Services Director), 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, #16,259. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0952 (C) Urban Renewal Development Agreement with HOA Aston, LLC for the construction of a 186-unit mixed-use apartment building at 603 E. 6th Street. (Council Communication No. 23-311) Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 62. Item regarding membership with the Mid-Iowa Planning Alliance for Community Development: (Choose one alternative below A or B) WITHDRAWN 23-0953 (A) One year extension of membership. OR 23-0954 (B) Resignation of membership. Moved by Gatto to adopt. Seconded by Boesen. Motion Carried 5-1-1. Nays: Mandelbaum. Absent: Sheumaker. 62-I Items regarding the Vision Zero Transportation Safety Action Plan: (Council Communication No. 23-308) 23-0955 (A) Approving and adopting the Vision Zero Transportation Safety Action Plan and commitment to a goal to eliminate traffic deaths and serious injury by 2040 on streets within the City of Des Moines. Moved by Mandelbaum to adopt. Refer to the City Manager for recommendation on composition of an advisory group, ensuring that minutes are published and a quarterly report is provided. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-0956 (B) Approving and authorizing the application for a United States Department of Transportation (USDOT) Safe Streets and Roads For All (SS4A) implementation grant. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. ORDINANCE FIRST CONSIDERATION 23-0957 63. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-301) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 13 6/26/2023  (A) Parking Modification - 7th Street between Walnut Street and Locust Street; and on Walnut Street between 7th Street and 8th Street. 23-0958 (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, #16,260. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS/REPORTS 23-0959 64. Requests to speak as follows: Moved by Gatto to receive and file. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. Motion by Gatto to receive and file document from Kent Sovern. Second by Boesen. Motion Carried 6 yes. (A) Adam Callanan - did not speak. (B) Diana Sickles (C) Kent Sovern (D) Nicole Fritz 23-0960 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:58 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 14 6/26/2023