City Council

16,261 *** 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 July 17, 2023 5:00 PM 23-0961 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. Absent: Sheumaker. 23-0962 I. Naming of Closes Creek Watershed Improvement Program detention basin located at 41 st Street and College Avenue the Gloria and Lyle Hoffmann Basin. Sponsor: Mayor Cownie. Moved by Cownie to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0963 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0964 3. APPROVING CONSENT AGENDA * – items 3 through 60: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 1 7/17/2023  *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 23-0965 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) GRAZIANO BROTHERS 1601 SOUTH UNION ST Class B Retail (B) JASPER WINERY 2400 GEORGE FLAGG PKWY Class C Liquor RENEWAL APPLICATIONS (C) AIRPORT HOLIDAY INN 6111 FLEUR DR Class C Liquor (D) APPLEBEES 6301 SE 14TH ST Class C Liquor (E) APPLEBEES 3900 MERLE HAY RD Class C Liquor (F) BAR NICO 428 E LOCUST ST Class C Liquor (G) BEAVERDALE VFW 4029 URBANDALE AVE Class F Retail (H) BIG GROVE 555 17TH ST 300 Class C Liquor (I) BLANK GOLF COURSE 711 COUNTY LINE RD Class C Liquor (J) BOWLERAMA 1313 E DIEHL AVE Class C Liquor (K) BUFFALO WILD WINGS 4345 MERLE HAY RD Class C Liquor (L) CONSERVATORY 315 E 5TH ST 2 Class C Liquor (M) COPPER CUP 207 4TH ST Class C Liquor (N) DES MOINES AMVETS 2818 5TH AVE Class F Retail (O) DJANGO 1420 LOCUST ST Class C Liquor (P) DOUGH CO PIZZA 2330 UNIVERSITY Special Class C (Q) DRAKE UNIVERSITY 2875 UNIVERSITY AVE Class C Liquor (R) DRAKE UNIVERSITY 2719 FOREST AVE Special Class C (S) EL PATIO MEXICAN 611 37TH ST Class C Liquor (T) EXILE BREWING CO 1514 WALNUT ST Class C Liquor (U) FRESKO 909 LOCUST ST 103 Class C Liquor (V) HULL AVENUE TAP 834 HULL AVE Class C Liquor (W) HY VEE FAST & FRESH 5801 HICKMAN RD Class E Liquor (X) LA FAVORITA 1700 E GRAND AVE Class B Retail (Y) LATIN KING 2200 HUBBELL AVE Class C Liquor (Z) PHO REAL KITCHEN 200 4TH ST Class C Liquor (AA) RICHARD O JACOBSON 3000 E GRAND AVE Class C Liquor (BB) ROYAL MART 111 63RD ST Class E Liquor (CC) SAKARI SUSHI LOUNGE 2605 INGERSOLL AVE Class C Liquor (DD) SMOKIN JOES #4 2800 E UNIVERSITY AVE Class E Liquor (EE) SORIANO LATIN 2300 HICKMAN RD Class B Retail (FF) TEQUILA RESTAURANT 824 EASTON BLVD Class C Liquor (GG) THAI FLAVORS 1254 E 14TH ST Special Class C (HH) YOUR BEST FRIENDS 6218 WILLOWMERE DR Class C Liquor 2 7/17/2023  (II) ZOMBIE BURGER 300 E GRAND AVE #100 Class C Liquor SPECIAL EVENT APPLICATIONS (JJ) BIRDS NEST 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (KK) BUD TENT 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (LL) DEPOT 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (MM) DM RAGBRAI CONCERT 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JULY 26 - 27, 2023. (NN) IA CRAFT BEER TENT 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (OO) IA STATE FAIR FAIRVIEW 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (PP) IA STATE FAIR GRANDSTAND 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (QQ) JOHNNYS HALL OF FAME 310 COURT AVE BEER TENT 5 days CLASS C LIQUOR LICENSE FOR BIKES & BREWS ON JULY 26, 2023. (RR) JRS SOUTHPORK RANCH 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (SS) NIKS TIPSY TRAILERS 6218 WILLOWMERE DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR RAGBRAI ON JULY 26, 2023. (TT) OLD WEST BARBEQUE 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (UU) STEER N STEIN 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. 3 7/17/2023  (VV) STOCKMANS INN 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (WW) SUSAN KNAPP 551 E 34TH ST 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA STATE FAIR ON AUGUST 10 - 20, 2023. (XX) YOUR PRIVATE BAR 313 WALNUT ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR SMOKE OUT HUNGER ON JULY 30, 2023. (YY) YOUR PRIVATE BAR 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JULY 22, 2023. OUTDOOR SERVICE APPLICAITONS (ZZ) CONFLUENCE BREWING CO 1235 THOMAS BECK RD Class C Liquor TEMPORARY FOR RAGRAI PARTY ON JULY 26, 2023. (AAA) FREMONT 1030 E 9TH ST Class C Liquor TEMPORARY FOR RAGBRAI ON JULY 26, 2023. (BBB) HY VEE MARKET CAFE #4 4605 FLEUR DR Class C Liquor TEMPORARY FOR RAGBRAI ON JULY 27, 2023. (CCC) MULLETS 1300 SE 1ST ST Class C Liquor TEMPORARY FOR RAGBRAI ON JULY 26, 2023. 23-0966 5. Disapproval of Class C Retail Liquor License for Tipsy Crow, 102 3rd Street, continued from June 26, 2023 Council meeting. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0967 6. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. PUBLIC IMPROVEMENTS 23-0968 7. Approving ratification of Iowa Department of Transportation (IDOT) State Recreational Trails (SRT) Grant Application for $500,000 for the Central Place Levee Phase I Multiuse Recreational Trail Project. (Council Communication No. 23-337) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 4 7/17/2023 23-0969 8. Approving and authorizing the execution of agreement with Iowa Department of Natural Resources for the Federal Land and Water Conservation Fund program for SW 1st Street Bridge Improvements project. (Council Communication No. 23-333) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0970 9. Approving Professional Services Agreement with AECOM Technical Services, Inc. (Travis Boone, President) for the 6th Avenue Trail and Sidewalk Improvements (I-235 to University Avenue), not to exceed $135,500. (Council Communication No. 23-345) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0971 10. Approving Professional Services Agreement with Short-Elliott-Hendrickson, Inc. (David E. Ott, President) for the 2026 Neighborhood Sidewalk Program, not to exceed $193,400. (Council Communication No. 23-344) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0972 11. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with SystemWorks LLC (Andrew Bennett, Principal) for commissioning services for the Des Moines Fire Station No. 4 Replacement project, not to exceed $105,000. (Council Communication No. 23-328) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0973 12. Approval of contract and bond for construction of an improvement with an estimated cost which is less than the Iowa Code competitive bid threshold, Teachout Pool Painting Improvements, Superior Painting & Epoxy Coating, LLC (Anthony Negrete Jr, Manager), $103,750. (Council Communication No. 23-340) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 13. Approving Private Construction Contracts between the following: 23-0974 (A) Alliance Construction Group, LLC and HRC NFS I, LLC for Paving Improvements in Gray’s Station Plat 5. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0975 (B) McAninch Corporation and HRC NFS I, LLC for Sanitary Sewer Improvements in Gray’s Station Plat 5. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0976 (C) McAninch Corporation and HRC NFS I, LLC for Storm Sewer Improvements in Gray’s Station Plat 5. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0977 14. 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 7/17/2023  15. Accepting completed construction and approving final payment for the following: 23-0978 (A) 2022 Riverwalk Improvements - Balustrade Replacement, Minturn, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0979 (B) City Facility FY 2021-2022 Parking Lot Improvements, Concrete Technologies, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0980 (C) Riverview Stage Electrical Improvements, Central Iowa Mechanical Company. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. SPECIAL ASSESSMENTS 23-0981 16. Resolution authorizing release of special assessments for certain properties acquired through the tax sale certificate process. (Council Communication No. 23-331) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LAND/PROPERTY TRANSACTIONS 23-0982 17. Accepting transfer of ownership and control of Des Moines Masonic Cemetery from Cemetery Board of Directors and dedication of the property located at 1550 48th Street as Cemetery. (Council Communication No. 23-335) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0983 18. Approving 55 tax abatement applications for work completed in 2023. (Council Communication No. 23-342) 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 to FY2023/24. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-0984 19. Recommendation from Mayor T.M. Franklin Cownie to reappoint Christine Lauridsen Sand to the Airport Authority Board, Seat 3, for a term expiring June 30, 2025. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0985 20. Recommendation from Council Member Boesen to reappoint Brooke Avila to the Parks and Recreation Board, Seat 4, for a four-year term expiring June 30, 2027. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 6 7/17/2023 23-0986 21. Recommendation from Council Member Boesen to reappoint Meg Schneider to the Transportation and Safety Committee, Seat 2, for a three-year term expiring December 31, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0987 22. Recommendation from Council Member Boesen to reappoint Marlys Jones to the Zoning Board of Adjustment, Seat 2, for a five-year term expiring April 1, 2028. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0988 23. Recommendation from Council Member Gatto to reappoint James Bollard to the Parks and Recreation Board, Seat 13, for a four-year term expiring June 30, 2027. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0989 24. Recommendation from Council Member Gatto to reappoint Emily Webb to the Plan and Zoning Commission, Seat 15, for a five-year term expiring July 1, 2028. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS FROM PLANNING AND ZONING 23-0990 25. Regarding request from Shattered Holdings, LLC (Jackie Johansen, Officer) for vacation of 284 lineal feet of the east/west alleyway adjoining the property at 204 SW 2nd Street and bounded by SW 2nd Street to the east and SW 3rd Street to the west, to allow the vacated area to be assembled with the adjoining property for a mixed-use development. 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. 23-0991 26. Regarding a request from Merge, LLC (Brent Dahlstrom, Officer) for vacation of 180 lineal feet of the north/south alleyway in the vicinity of 1227 25th Street, bounded by Carpenter Avenue to the north, 24th Street to the east, and 25th Street to the west to allow the vacated area to be assembled with the adjoining property for a mixed-use development. 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. SETTING DATE OF HEARINGS 23-0992 27. On conveyance of excess City property locally known as 4030 53rd Street to Barry Pottinger for side yard purposes, $500, (8-7-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0993 28. On conveyance of 29 Hartford Avenue to Q Enterprises LLC for rehabilitation of housing, $30,000, (8-7-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 7 7/17/2023 23-0994 29. On a request from S&S Homebuilders, LLC (Nick Stephenson, Officer) to rezone the property located at 3605 E. 56th Street from “N1a” Neighborhood District to “N2b-2” Neighborhood District to subdivide and allow development of the property into three (3) lots with two household units per lot, (8-7-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0995 30. On a request from Neighborhood Development Corp (Abbey Gilroy, Officer) for property located in the vicinity of 3103 Forest Avenue to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Neighborhood Mixed Use within a Neighborhood Node to Community Mixed Use within a Neighborhood Node, and to rezone the property from “MX1” Mixed Use District to “RX1” Mixed Use District to allow the development of the property for two (2) multiple-household apartment buildings, (8-7-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0996 31. On a request from Euclid Foresight, LLC (Brandon Foldes, Officer) for property located at 3619 5th Avenue to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use classification from Low Density Residential within a Neighborhood Node to Neighborhood Mixed Use within a Neighborhood Node and to rezone the property from “N5” Neighborhood District to Limited “MX1” Mixed Use District to allow use of the property as a surface parking lot accessory to the property to the south, (8-7-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0997 32. On the issuance of not to exceed $41,000,000 General Obligation Bonds for essential corporate purposes, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0998 33. On the issuance of not to exceed $28,000,000 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-0999 34. On the issuance of not to exceed $1,000,000 General Obligation Bonds for general corporate purposes, GCP-1, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1000 35. On the issuance of not to exceed $1,000,000 General Obligation Bonds for general corporate purposes, GCP-2, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1001 36. On the issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, GCP-3, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1002 37. On the issuance of not to exceed $900,000 General Obligation Bonds for general corporate purposes, GCP-4, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 8 7/17/2023 23-1003 38. On the issuance of not to exceed $900,000 General Obligation Bonds for general corporate purposes, GCP-5, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1004 39. On the issuance of not to exceed $1,000,000 General Obligation Bonds for general corporate purposes, GCP-6, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1005 40. On the issuance of not to exceed $1,000,000 General Obligation Bonds or Capital Loan Notes for general corporate purposes, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1006 41. On the issuance of not to exceed $5,000,000 General Obligation Urban Renewal Bonds or Capital Loan Notes for urban renewal purposes, (8-7-23). (Council Communication No. 23- 354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1007 42. On the proposition of entering into a loan agreement and the issuance of not to exceed $50,000,000 General Obligation Capital Loan Notes (General Fund) to evidence the obligations of the City thereunder, (8-7-23). (Council Communication No. 23-354) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. LEGAL DEPARTMENT – CLAIMS, SETTLEMENTS AND BILLINGS 23-1008 42-1 Approving payment to Dale Roshek and Stephi Tran for a property damage and personal injury claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. CITY MANAGER COMMUNICATIONS 23-1009 43. Submitting travel and training request for Kelly Simmons. (Council Communication No. 23-352) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. APPROVING 23-1010 44. $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. 23-351) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 9 7/17/2023 23-1011 45. Third Amendment to the Urban Renewal Development Agreement with Bridge District Level, LLC, Bridge District II Townhomes, LLC and Bridge District II, LLC for the new construction of a 5-story, 114-unit multi-family housing project and a 25-unit rowhome project located in the 300 block of Maple Street. (Council Communication No. 23-347) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1012 46. Receive and file report regarding Status of Neighborhood Revitalization Efforts prepared by czbLLC. (Council Communication No. 23-350) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1013 47. Subordination agreement with Fortress Bank on behalf of Neighborhood Development Corporation. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1014 48. Resolution approving the Des Moines Metropolitan Planning Organization (MPO) Fiscal Year (FY) 2024 Unified Planning Work Program and Budget and authorizing payment of FY 2024 Assessment, $212,031. (Council Communication No. 23-325) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1015 49. Agreement for emergency medical services, first aid services, and fire suppression services with Iowa State Fair Authority. (Council Communication No. 23-326) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1016 50. Amended parking meter rate and time zone I. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1017 51. Annual insurance renewal for July 1, 2023 (fiscal year 2023/24) for property, casualty, and other City operations. (Council Communication No. 23-329) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1018 52. Receive and file Quarterly Treasurer’s Report as of June 30, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 53. Abatement of public nuisances as follows: 23-1019 (A) 2410 37th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1020 (B) 120 E. Titus Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1021 (C) 2431 SE 18th Court. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1022 54. Release of fire escrow at 1464 E. 21st Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 10 7/17/2023 23-1023 55. Purchase of up to 50 vehicles for use in various City Departments for Fiscal Year 2024 utilizing various State of Iowa Department of Administrative Services (DAS) and other approved procurement contracts. (Council Communication No. 23-338) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1024 56. Purchase of high-strength grout from AP/M Permaform (Bill Shook, President) sole area- wide provider to be used for manhole rehabilitation during Fiscal Year 2024 by the Public Works Department, $150,000. (Council Communication No. 23-341) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1025 57. Purchase from Eagle Sign Co. (John E. Nagle, President) of Primary Parks Signage Phase 10 for use by the Parks and Recreation Department, $114,868.93. (79 potential bidders, one (1) bid received). (Council Communication No. 23-334) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1026 58. Purchase from Road Machinery and Supplies Company (Michael M. Sill II, CEO) for one (1) compact motor grader per Sourcewell Contract for use by the Public Works Department, $255,569.30. (Council Communication No. 23-339) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1027 59. Purchase from Stew Hansen Dodge City (Dan Boettcher, General Manager) of auto body repair services for use by various City Departments for Fiscal Year 2024 per State of Iowa (DAS) purchasing contract, estimated annual amount $350,0000. (Council Communication No. 23-330) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1028 60. Authorizing Finance Director to draw checks on registers for the weeks of July 17, 24 and 31, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of July 17, 24 and 31, 2023; to draw checks for biweekly payroll due July 28, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 61 THRU 70) 23-1029 61. On vacation of parkland located east of Illinois Street, south of University Avenue, and north of Interstate 235 and conveyance to Polk County for shared use parking lot in the vicinity of the Lauridsen Skate Park. Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-1030 (A) First consideration of ordinance above. Moved by Boesen that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 11 7/17/2023 23-1031 (B) Final consideration of ordinance above (waiver requested by Parks and Recreation Department), requires six votes. Moved by Boesen that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,261. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-1032 62. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-1033 (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. 23-1034 (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, #16,262. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-1035 63. On conveyance of 1012 SE 10th Street to Neighborhood Finance Corporation (NFC) for redevelopment of housing. (Council Communication No. 23-332) Moved by Gatto to adopt. Second by Westergaard. Motion Carried 6-1. Absent: Sheumaker. 23-1036 64. On conveyance of a vacated portion of SW 4th Street right-of-way located between Porter Avenue and Diehl Avenue to Jess Johnson, $450. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1037 65. On conveyance of a portion of excess City property located east of and adjoining 1700 Scott Avenue to C & C Realty, LLC, $25,640. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1038 66. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-1039 (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. 12 7/17/2023 23-1040 (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, #16,263. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-1041 67. 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. (Council Communication No. 23-336) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-1042 68. On petition and proposal to take action for expansion and continuation of the Downtown Des Moines Self-Supported Municipal Improvement District (SSMID) from July 1, 2024 through June 30, 2034. (Council Communication No. 23-346) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-1043 69. On voluntary annexation of property located north of and adjoining 4845 Merle Hay Road. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1044 70. On Ingersoll Avenue Pavement Markings – Martin Luther King Jr. Parkway to 15th Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Quality Striping, Inc. (Jamie Jirak, President), $187,798. (Council Communication No. 23-343) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-1045 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. *****END HEARINGS AT 5:22 PM***** COUNCIL REQUEST 23-1046 71. From the City Council’s Personnel Subcommittee (Cownie, Boesen and Voss) to consider receipt and approval of the City Council Personnel Committee’s annual review and compensation review for the Council’s direct reports. Moved by Boesen to adopt. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 13 7/17/2023  ORDINANCES FIRST CONSIDERATION 23-1047 72. Amending Section 2-201 and 2-726, relating to the City Manager’s authority for executing agreements necessary and required to facilitate the construction of public improvements and to identify certain professional services to be administered by the Engineering Department and increasing the dollar value of contracts for such services that are administratively approved. (Council Communication No. 23-349) Moved by Boesen that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-1048 (A) Final consideration of ordinance above (waiver requested by the Engineering Department), requires six votes. Moved by Boesen that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,264. Second by Gatto. Motion Carried 6-1. Absent: Sheumaker. 23-1049 73. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-327) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. (A) Parking Modification – E 2nd Street from East Court Avenue to Vine Street. (B) Parking Modification – 2nd Avenue between Locust Street and Grand Avenue. 23-1050 (C) 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, #16,265. Second by Voss. Motion Carried 6-1. Absent: Sheumaker. 23-1051 73-I Amending Section 118-149 relating to the volume charge for sanitary sewer services. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1052 (A) Final consideration of ordinance above (waiver requested by Nickolas 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, #16,266. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 14 7/17/2023 23-1053 73-IIAmending Section 118-275(d) relating to the ERU rate for stormwater sewer services. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. 23-1054 (A) Final consideration of ordinance above (waiver requested by Nickolas 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, #16,267. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. COMMUNICATIONS/REPORTS 23-1055 74. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 6-1. Absent: Sheumaker. (A) Marcus Coenen (B) Adam Callanan (C) Moraima Moritz – did not speak. (D) Veola Perry (E) John Noble (F) Jolene Prescott (G) Lori Ann Young (H) Laural Clinton (I) Bridget Botkin – did not speak. (J) Harvey Harrison 23-1056 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:46 PM. Second by Cownie. 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 15 7/17/2023  All-America City 1949 1976 1981 2003 2010 2017 16 7/17/2023