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City Council

Regular Meeting

Des Moines, IA · September 11, 2023

AgendaMinutes

Minutes

*** DES MOINES CITY COUNCIL MEETING REPORT *** The City Council took the following action on items listed in the attached meeting agenda summary. Copies of ordinances, resolutions and other Council action may be obtained from the City Clerk's Office (515) 283-4209. The six-digit number beginning with '23-' preceding each item on the agenda is a roll call number assigned by the City Clerk. Please refer to this number when requesting information or copies. SUMMARY OF DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 September 11, 2023 5:00 PM I. CLOSED SESSION – 3:30 PM 23-1214 (A) Roll Call. Present: Cownie, Gatto, Mandelbaum, Voss and Westergaard. Absent: Boesen. Council Member Boesen entered the meeting at 4:39 PM during item C. 23-1215 (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 Voss. Motion Carried upon roll call 5-1. Absent: Boesen. 23-1216 (C) Closed Session. 23-1217 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 23-1218 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:44 PM. Second by Westergaard. Motion Carried 6-0. 1 9/11/2023 * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:45 PM One Million Trees REALTORS Day 23-1219 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. 23-1220 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 23-1221 3. APPROVING CONSENT AGENDA * – items 3 through 45: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Boesen. Motion Carried 6-0. *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 23-1222 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. NEW APPLICATION (A) HAUNT 500 LOCUST ST Class C Liquor RENEWAL APPLICATIONS (B) AMERICAN OUTLAWS 214 3RD ST Class C Liquor (C) ANDYS PLACE 5114 SW 9TH ST Class C Liquor (D) ANGRY GOLDFISH 2301 SW 9TH ST Class C Liquor (E) BOMB BAR 209 4TH ST Class C Liquor (F) CASEYS STORE #2314 3527 INDIANOLA AVE Class B Retail (G) CASEYS STORE #2676 2106 ECHO VALLEY DR Class E Liquor (H) CASEYS STORE #44 4560 E 14TH ST Class B Retail (I) CEVICHE 223 E WALNUT ST Class C Liquor (J) CLUB 2000 422 INDIANOLA RD Class C Liquor (K) CLYDES FINE DINER 111 E GRAND AVE 111 Class C Liquor (L) EL VALLE TIENDA 101 ARMY POST RD Class B Retail (M) FAREWAY STORES 100 E EUCLID AVE Class E Liquor (N) GAMEDAY LANES 3800 MERLE HAY RD Class C Liquor (O) GUSTO PIZZA BAR 2301 INGERSOLL AVE Class C Liquor 2 9/11/2023 (P) HOMEWOOD SUITES 7201 SW 22ND ST Special Class C (Q) HY VEE MARKET CAFE #3 3221 SE 14TH ST Class C Liquor (R) INDIA STAR 5514 DOUGLAS AVE Special Class C (S) NEW NORTHWESTERN 321 E WALNUT ST Class C Liquor (T) PLAYERS SPORTS BAR 1760 BEAVER AVE Class C Liquor (U) QUIK TRIP #560 2300 MLK JR PKWY Class B Retail (V) VICKIES 2801 2ND AVE Class C Liquor (W) VIVA MEXICAN 6101 GRAND AVE Class C Liquor (X) WALGREENS #00359 2545 E EUCLID AVE Class E Liquor (Y) WALGREENS #04714 4555 FLEUR DR Class E Liquor (Z) WALGREENS #05362 1330 E UNIVERSITY AVE Class E Liquor (AA) WALGREENS #05721 3140 SE 14TH ST Class E Liquor (BB) WALGREENS #05777 2930 E UNIVERSITY AVE Class E Liquor (CC) WALGREENS #05852 3030 UNIVERSITY AVE Class E Liquor (DD) WALGREENS #07452 4415 DOUGLAS AVE Class E Liquor (EE) WALGREENS #07453 104 E EUCLID AVE Class E Liquor (FF) WALGREENS #07833 3501 INGERSOLL AVE Class E Liquor (GG) WALGREENS #07968 6200 SE 14TH ST Class E Liquor (HH) WAL-MART 5101 SE 14TH ST Class E Liquor (II) WELLMANS PUB 2920 INGERSOLL AVE Class C Liquor (JJ) XBK 1159 24TH ST #A Class C Liquor SPECIAL EVENT APPLICATIONS (KK) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON OCTOBER 7, 2023. (LL) APRES BAR CO 1201 GRANDVIEW AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A WEDDING RECEPTION ON SEPTEMBER 15, 2023. (MM) COWLES LIBRARY 2257 UNIVERSITY AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DUCK STAMP CONTEST RECEPTION ON SEPTEMBER 15, 2023. (NN) IMT DM MARATHON 313 WALNUT ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR EVENT ON OCTOBER 13 – 15, 2023. (OO) IOWA LATINO HERITAGE 1000 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON SEPTEMBER 23 – 24, 2023. (PP) JEREMY SHEETS 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR A RECEPTION ON SEPTEMBER 16, 2023. 3 9/11/2023 (QQ) SA PRESENTS 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR PAUL CAUTHEN CONCERT ON SEPTEMBER 29, 2023. (RR) THIRSTY PIGS LLC 901 2ND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DES MOINES STREETSTYLE OPEN ON SEPTEMBER 23, 2023. (SS) YOUR PRIVATE BAR 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON SEPTEMBER 16, 2023. (TT) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING RECEPTION ON SEPTEMBER 15, 2023. (UU) YOUR PRIVATE BAR 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR REALTOR ROCK THE BLOCK PARTY ON SEPTEMBER 26, 2023. OUTDOOR SERVICE APPLICATIONS (VV) CHRISTOPHERS DINING 2816 BEAVER AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 15 – 16, 2023. (WW) NEW NORTHWESTERN 321 E WALNUT ST #160 Class C Liquor TEMPORARY FOR DES MOINES STREETSTYLE OPEN ON SEPTEMBER 21, 2023. (XX) PARLOR 4041 URBANDALE AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 15- 16, 2023. PUBLIC IMPROVEMENTS 5. Ordering construction of the following: 23-1223 (A) Aurora Avenue Lane Modifications from Beaver Avenue to Merle Hay Road: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $1,100,000. (Council Communication No. 23-416) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1224 (B) 1851 Hartford Avenue Grading and Restoration: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $270,000. (Council Communication No. 23-417) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 4 9/11/2023 23-1225 (C) E. University Avenue Improvements from E. 14th Street to E. 17th Court: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $1,300,000. (Council Communication No. 23-411) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1226 (D) Glendale Cemetery Pond Dredging Improvements: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $850,000. (Council Communication No. 23-412) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1227 6. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for construction design and interpretation services for Western Gateway Water Feature Improvements, not to exceed $24,500. (Council Communication No. 23- 415) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1228 7. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Snyder & Associates, Inc. for construction administration services and additional design services for Carlisle Multi-Use Trail Connection, not to exceed $44,260. (Council Communication No. 23-410) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1229 8. Approving completion and acceptance of private construction contract for storm sewer improvements at 2970 University Avenue between Elder Corporation and Broadlawns Medical Center. Moved by Gatto to adopt. Second by Boesen. Motion Carried 5-0. Council Member Gatto declares a conflict of interest and abstains from voting. 23-1230 9. Communication from contractors requesting permission to sublet certain items on public improvement project. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 10. Accepting completed construction and approving final payment for the following: 23-1231 (A) Witmer Park Playground and Restroom Improvements, Graphite Construction Group, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1232 (B) Downtown Bumpouts and 12th Street from MLK to Grand, Jasper Construction Services, Inc. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1233 (C) Ashworth Pool and Northwest Pool Painting Improvements, A1A Sandblasting (Iowa). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1234 (D) 2022-2023 HMA Pavement Scarification and Resurfacing, OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 5 9/11/2023 SPECIAL ASSESSMENTS 23-1235 11. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-08. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1236 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-08. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1237 13. Deletion of rental inspection assessment at 1145 14 th Place. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. LAND/PROPERTY TRANSACTIONS 23-1238 14. Approval of final subdivision plat and acceptance of subdivision bond for Ruby Rose Ridge Plat 2, in the vicinity of 2437 Brook View Drive. (Council Communication No. 23-399) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1239 15. Approval of final subdivision plat and acceptance of subdivision bond for Ruby Rose Ridge Plat 3, in the vicinity of 2706 E. 50th Court. (Council Communication No. 23-400) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1240 16. Approval of final subdivision plat for Northridge 80|35 Business Park Plat 1, in the vicinity of 900 and 990 E. Broadway Avenue. (Council Communication No. 23-401) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1241 17. Authorization to proceed with acquisition of the necessary property interests for the McKinley Avenue Reconstruction from SW 9th Street to SW 14th Street Project. (Council Communication No. 23-402) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1242 18. Authorization to proceed with acquisition of the necessary property interests for the E. University Avenue Improvements from E. 14th Street to E. 17th Court Project. (Council Communication No. 23-413) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 6 9/11/2023 BOARDS/COMMISSIONS/NEIGHBORHOODS 23-1243 19. Recommendation from Council Member Boesen to reappoint Deidre DeJear to the Housing Services Board, Seat 2, for a three-year term expiring June 30, 2026. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. SETTING DATE OF HEARINGS 23-1244 20. On vacation of a portion of E. 16th Street right-of-way and conveyance of a Permanent Easement for Building Encroachment to George M. Clayton, $550, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1245 21. On conveyance of a Permanent Easement for Ingress and Egress in a portion of vacated 41st Street right-of-way located east of and adjoining 545 42nd Street to Plymouth Congregational Church of the United Church of Christ, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1246 22. On conveyance of excess City property located south of and adjoining 2720 Garden Road to Hurd Garden, LLC, $23,300, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1247 23. On conveyance of 4130 Columbia Street to R.M. Madden Construction Inc. for rehabilitation of housing, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1248 24. On a License Agreement with Brittany-Ann Lynn Barajas-Lakose for use of a portion of undeveloped Arthur Avenue right-of-way located south of and adjoining 2503 E. 24th Street, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1249 25. On a License Agreement with 113 SW 8th Street, LLC for use of a portion of Vine Street right-of-way located between SW 7th Street and SW 8th Street, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1250 26. On request from WH II, LTD (Cynthia Steidl-Bishop, Officer) to amend PlanDSM: Creating Our Tomorrow Plan to revise the future land use classification from Low Density Residential to Medium Density Residential and to rezone 5631 Francis Avenue from “N3b” Neighborhood District to “NX2” Neighborhood Mix District to allow for the expansion of a parking lot for an existing Group Living - Assisted Living Facility use, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 7 9/11/2023 23-1251 27. On the intent to commence a public improvement project to construct the East Army Post Road Trunk Sewer Project and to authorize acquisition of the necessary property interests, including agricultural land, for the project, (10-2-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-1252 28. Approving payment to MidAmerican Energy for a property claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. CITY MANAGER COMMUNICATIONS 23-1253 29. Submitting travel and training request for Mayor T.M. Franklin Cownie. (Council Communication No. 23-425) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. APPROVING 23-1254 30. 2023 Continuum of Care (CoC) Grant Program competitive application, including noncompetitive award of Youth Homelessness Demonstration Program renewal and replacement grants, to the US Department of Housing and Urban Development (HUD) (Council Communication No. 23-421) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1255 31. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Funding for Home Opportunities Made Easy, Incorporated (HOME, Inc.) to construct an affordable single-family home at 3314 E. 7th Street. (Council Communication No. 23-424) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1256 32. Rental Housing Enhancement Program Policy and Procedures to address separation of shared forced air heating sources and knockout panels. (Council Communication No. 23-423) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. WITHDRAWN 23-1257 33. First Amended and Restated Urban Renewal Development Agreement with North Des Moines Town Hall, LP for the renovation of 1601 6th Avenue into a mixed-use residential and commercial development. (Council Communication No. 23-406) 23-1258 34. First Amendment to the Parcel Development Agreement with Slate at Gray’s Landing, LLC and River Point West LLC for The Slate at the northwest corner of SW 11 th and Murphy Streets. (Council Communication No. 23-404) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 8 9/11/2023 23-1259 35. First Amendment to Minimum Assessment Agreement by and between City of Des Moines, Merle Hay Anchors, LLC and Polk County Assessor. (Council Communication No. 23- 405) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1260 36. Preliminary terms of an urban renewal development agreement with FJ Management Inc. for the acquisition and retention of 250 jobs and a new 10-year lease for 40,000-square-feet of office space at 1100 Locust Street. (Council Communication No. 23-407) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1261 37. Resolution approving supplemental funding for the City’s Neighborhood Block Challenge Grant (BCG) Program. (Council Communication No. 23-422) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1262 38. Honorary naming of 13th Street between Grand Avenue and Locust Street as “World Record Way”. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1263 39. Agreement for administration of the Greater Des Moines Recreational Activity Scholarship Program (GRASP) Program with IMPACT Community Action Partnership. (Council Communication No. 23-408) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1264 40. Recyclables Processing and Marketing Service Agreement with Metro Waste Authority (MWA). (Council Communication No. 23-409) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1265 41. Authority to enter into an extension of agreement with Voya for the provision of group life insurance, long term disability and supplemental insurance benefits for the period October 1, 2023 through Juns 30, 2024. (Council Communication No. 23-418) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1266 42. Additional action on the authorization of a Loan Agreement and the issuance of not to exceed $50,000,000 General Obligation Capital Loan Notes (General Fund). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1267 42-I Fund transfer resolution of the City of Des Moines FY 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 9 9/11/2023 43. Abatement of public nuisance as follows: 23-1268 (A) 3308 SE 4th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1269 (B) 1453 Capitol Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1270 44. Purchase from Keltek Incorporated (Michelle Jensen, President and CEO) of 34 replacement Toughbook Tablets for use by the Fire Department per Minnesota WSCA-NASPO Master Agreement and State of Iowa Contract and approving supplemental agreement with Panasonic Connect North America, $171,780.58. (Council Communication No. 23-419) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1271 45. Authorizing Finance Director to draw checks on registers for the weeks of September 11, 18 and 25, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of September 11, 18 and 25, 2023; to draw checks for biweekly payroll due September 22, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM.) (ITEMS 46 THRU 47) 23-1272 46. On a request from Southeast Polk Family Church (David L Harper, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for the property from Low Density Residential to Community Mixed Use, and to rezone property located in the vicinity of 4101 E. 42nd Street from “P2” Public, Civic, and Institutional District to Limited “MX3” Mixed Use District to allow the use of the eastern portion of the property for a new Animal Service – Boarding use. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-0. 23-1273 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-0. 23-1274 (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. Moved by Westergaard 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, #16,277. Second by Gatto. Motion Carried 6-0. 10 9/11/2023 23-1275 47. On City-initiated request to amend the PlanDSM Creating Our Tomorrow Plan to adopt ReflectDSM: Honoring All Des Moines Histories (Historic Preservation Plan) and incorporate as an element. (Council Communication No. 23-403) Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-0. ****END HEARINGS AT 5:20 PM**** ORDINANCES FIRST CONSIDERATION 23-1276 48. Amending Chapters 10, 30 and 74 of the Municipal Code relating to liquor, wine or beer licenses. (Council Communication No. 23-398) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-0. 23-1277 (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, #16,278. Second by Boesen. Motion Carried 6-0. 23-1278 49. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-414) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-0. (A) Parking Modification – 24th Street between Forest Avenue and Clark Street and Forest Avenue between 24th Street and 25th Street. (B) Parking Modification – High Street between 24th Street and 28th Street. (C) Parking Modifications – Grand Avenue between 2nd Avenue and 3rd Street and Grand Avenue between 4th Street and 5th Avenue.` 23-1279 (D) 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, #16,279. Second by Gatto. Motion Carried 6-0. REQUEST TO SPEAK 23-1280 50. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 6-0. (A) Jeff Luke (B) Bridget Botkin – Did not speak. (C) Dr. Sylvia Nemmers (D) Adam Callanan (E) Steven Bowman – Did not speak. 11 9/11/2023 (F) Justin O’Neal (G) Jolene Prescott EXTRA ITEM 23-1281 1. A resolution finding a vacancy in the Office of Ward 1 Council Member and calling for a special election at the earliest practicable date of November 7, 2023 and directing the City Clerk to notify the Commissioner of Elections of the Council decision to call for a special election pursuant to Iowa Code and authorizing City staff to take all necessary actions to accomplish such direction. Sponsors: Mayor Cownie and Mayor Pro Tem Boesen. Moved by Boesen to adopt. Second by Mandelbaum. Motion Carried 6-0. 23-1282 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:35 PM. Second by Boesen. Motion Carried 6-0. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 12 9/11/2023

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 September 11, 2023 5:00 PM I. CLOSED SESSION – 3:30 PM (A) Roll Call. (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. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:45 PM One Million Trees REALTORS Day 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 45: 1 *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: NEW APPLICATION (A) HAUNT 500 LOCUST ST Class C Liquor RENEWAL APPLICATIONS (B) AMERICAN OUTLAWS 214 3RD ST Class C Liquor (C) ANDYS PLACE 5114 SW 9TH ST Class C Liquor (D) ANGRY GOLDFISH 2301 SW 9TH ST Class C Liquor (E) BOMB BAR 209 4TH ST Class C Liquor (F) CASEYS STORE #2314 3527 INDIANOLA AVE Class B Retail (G) CASEYS STORE #2676 2106 ECHO VALLEY DR Class E Liquor (H) CASEYS STORE #44 4560 E 14TH ST Class B Retail (I) CEVICHE 223 E WALNUT ST Class C Liquor (J) CLUB 2000 422 INDIANOLA RD Class C Liquor (K) CLYDES FINE DINER 111 E GRAND AVE 111 Class C Liquor (L) EL VALLE TIENDA 101 ARMY POST RD Class B Retail (M) FAREWAY STORES 100 E EUCLID AVE Class E Liquor (N) GAMEDAY LANES 3800 MERLE HAY RD Class C Liquor (O) GUSTO PIZZA BAR 2301 INGERSOLL AVE Class C Liquor (P) HOMEWOOD SUITES 7201 SW 22ND ST Special Class C (Q) HY VEE MARKET CAFE #3 3221 SE 14TH ST Class C Liquor (R) INDIA STAR 5514 DOUGLAS AVE Special Class C (S) NEW NORTHWESTERN 321 E WALNUT ST Class C Liquor (T) PLAYERS SPORTS BAR 1760 BEAVER AVE Class C Liquor (U) QUIK TRIP #560 2300 MLK JR PKWY Class B Retail (V) VICKIES 2801 2ND AVE Class C Liquor (W) VIVA MEXICAN 6101 GRAND AVE Class C Liquor (X) WALGREENS #00359 2545 E EUCLID AVE Class E Liquor (Y) WALGREENS #04714 4555 FLEUR DR Class E Liquor (Z) WALGREENS #05362 1330 E UNIVERSITY AVE Class E Liquor (AA) WALGREENS #05721 3140 SE 14TH ST Class E Liquor (BB) WALGREENS #05777 2930 E UNIVERSITY AVE Class E Liquor (CC) WALGREENS #05852 3030 UNIVERSITY AVE Class E Liquor (DD) WALGREENS #07452 4415 DOUGLAS AVE Class E Liquor (EE) WALGREENS #07453 104 E EUCLID AVE Class E Liquor (FF) WALGREENS #07833 3501 INGERSOLL AVE Class E Liquor (GG) WALGREENS #07968 6200 SE 14TH ST Class E Liquor (HH) WAL-MART 5101 SE 14TH ST Class E Liquor 2 (II) WELLMANS PUB 2920 INGERSOLL AVE Class C Liquor (JJ) XBK 1159 24TH ST #A Class C Liquor SPECIAL EVENT APPLICATIONS (KK) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON OCTOBER 7, 2023. (LL) APRES BAR CO 1201 GRANDVIEW AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A WEDDING RECEPTION ON SEPTEMBER 15, 2023. (MM) COWLES LIBRARY 2257 UNIVERSITY AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DUCK STAMP CONTEST RECEPTION ON SEPTEMBER 15, 2023. (NN) IMT DM MARATHON 313 WALNUT ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR EVENT ON OCTOBER 13 – 15, 2023. (OO) IOWA LATINO HERITAGE 1000 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON SEPTEMBER 23 – 24, 2023. (PP) JEREMY SHEETS 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR A RECEPTION ON SEPTEMBER 16, 2023. (QQ) SA PRESENTS 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR PAUL CAUTHEN CONCERT ON SEPTEMBER 29, 2023. (RR) THIRSTY PIGS LLC 901 2ND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DES MOINES STREETSTYLE OPEN ON SEPTEMBER 23, 2023. (SS) YOUR PRIVATE BAR 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON SEPTEMBER 16, 2023. (TT) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING RECEPTION ON SEPTEMBER 15, 2023. (UU) YOUR PRIVATE BAR 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR REALTOR ROCK THE BLOCK PARTY ON SEPTEMBER 26, 2023. 3 OUTDOOR SERVICE APPLICATIONS (VV) CHRISTOPHERS DINING 2816 BEAVER AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 15 – 16, 2023. (WW) NEW NORTHWESTERN 321 E WALNUT ST #160 Class C Liquor TEMPORARY FOR DES MOINES STREETSTYLE OPEN ON SEPTEMBER 21, 2023. (XX) PARLOR 4041 URBANDALE AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 15- 16, 2023. PUBLIC IMPROVEMENTS 5. Ordering construction of the following: (A) Aurora Avenue Lane Modifications from Beaver Avenue to Merle Hay Road: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $1,100,000. (Council Communication No. 23-416) (B) 1851 Hartford Avenue Grading and Restoration: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $270,000. (Council Communication No. 23-417) (C) E. University Avenue Improvements from E. 14th Street to E. 17th Court: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $1,300,000. (Council Communication No. 23-411) (D) Glendale Cemetery Pond Dredging Improvements: Receiving of bids, (10-3-23) and Setting date of hearing, (10-23-23), Engineer’s estimate, $850,000. (Council Communication No. 23-412) 6. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for construction design and interpretation services for Western Gateway Water Feature Improvements, not to exceed $24,500. (Council Communication No. 23-415) 4 7. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Snyder & Associates, Inc. for construction administration services and additional design services for Carlisle Multi-Use Trail Connection, not to exceed $44,260. (Council Communication No. 23-410) 8. Approving completion and acceptance of private construction contract for storm sewer improvements at 2970 University Avenue between Elder Corporation and Broadlawns Medical Center. 9. Communication from contractors requesting permission to sublet certain items on public improvement project. 10. Accepting completed construction and approving final payment for the following: (A) Witmer Park Playground and Restroom Improvements, Graphite Construction Group, Inc. (B) Downtown Bumpouts and 12th Street from MLK to Grand, Jasper Construction Services, Inc. (C) Ashworth Pool and Northwest Pool Painting Improvements, A1A Sandblasting (Iowa). (D) 2022-2023 HMA Pavement Scarification and Resurfacing, OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. SPECIAL ASSESSMENTS 11. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-08. 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-08. 13. Deletion of rental inspection assessment at 1145 14th Place. LAND/PROPERTY TRANSACTIONS 14. Approval of final subdivision plat and acceptance of subdivision bond for Ruby Rose Ridge Plat 2, in the vicinity of 2437 Brook View Drive. (Council Communication No. 23-399) 5 15. Approval of final subdivision plat and acceptance of subdivision bond for Ruby Rose Ridge Plat 3, in the vicinity of 2706 E. 50th Court. (Council Communication No. 23-400) 16. Approval of final subdivision plat for Northridge 80|35 Business Park Plat 1, in the vicinity of 900 and 990 E. Broadway Avenue. (Council Communication No. 23-401) 17. Authorization to proceed with acquisition of the necessary property interests for the McKinley Avenue Reconstruction from SW 9th Street to SW 14th Street Project. (Council Communication No. 23-402) 18. Authorization to proceed with acquisition of the necessary property interests for the E. University Avenue Improvements from E. 14th Street to E. 17th Court Project. (Council Communication No. 23-413) BOARDS/COMMISSIONS/NEIGHBORHOODS 19. Recommendation from Council Member Boesen to reappoint Deidre DeJear to the Housing Services Board, Seat 2, for a three-year term expiring June 30, 2026. SETTING DATE OF HEARINGS 20. On vacation of a portion of E. 16th Street right-of-way and conveyance of a Permanent Easement for Building Encroachment to George M. Clayton, $550, (10-2-23). 21. On conveyance of a Permanent Easement for Ingress and Egress in a portion of vacated 41st Street right-of-way located east of and adjoining 545 42nd Street to Plymouth Congregational Church of the United Church of Christ, (10-2-23). 22. On conveyance of excess City property located south of and adjoining 2720 Garden Road to Hurd Garden, LLC, $23,300, (10-2-23). 23. On conveyance of 4130 Columbia Street to R.M. Madden Construction Inc. for rehabilitation of housing, (10-2-23). 24. On a License Agreement with Brittany-Ann Lynn Barajas-Lakose for use of a portion of undeveloped Arthur Avenue right-of-way located south of and adjoining 2503 E. 24th Street, (10-2-23). 6 25. On a License Agreement with 113 SW 8th Street, LLC for use of a portion of Vine Street right-of-way located between SW 7th Street and SW 8th Street, (10-2-23). 26. On request from WH II, LTD (Cynthia Steidl-Bishop, Officer) to amend PlanDSM: Creating Our Tomorrow Plan to revise the future land use classification from Low Density Residential to Medium Density Residential and to rezone 5631 Francis Avenue from “N3b” Neighborhood District to “NX2” Neighborhood Mix District to allow for the expansion of a parking lot for an existing Group Living - Assisted Living Facility use, (10- 2-23). 27. On the intent to commence a public improvement project to construct the East Army Post Road Trunk Sewer Project and to authorize acquisition of the necessary property interests, including agricultural land, for the project, (10-2-23). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 28. Approving payment to MidAmerican Energy for a property claim. CITY MANAGER COMMUNICATIONS 29. Submitting travel and training request for Mayor T.M. Franklin Cownie. (Council Communication No. 23-425) APPROVING 30. 2023 Continuum of Care (CoC) Grant Program competitive application, including noncompetitive award of Youth Homelessness Demonstration Program renewal and replacement grants, to the US Department of Housing and Urban Development (HUD) (Council Communication No. 23-421) 31. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Funding for Home Opportunities Made Easy, Incorporated (HOME, Inc.) to construct an affordable single-family home at 3314 E. 7th Street. (Council Communication No. 23-424) 32. Rental Housing Enhancement Program Policy and Procedures to address separation of shared forced air heating sources and knockout panels. (Council Communication No. 23-423) 7 33. First Amended and Restated Urban Renewal Development Agreement with North Des Moines Town Hall, LP for the renovation of 1601 6th Avenue into a mixed-use residential and commercial development. (Council Communication No. 23-406) 34. First Amendment to the Parcel Development Agreement with Slate at Gray’s Landing, LLC and River Point West LLC for The Slate at the northwest corner of SW 11th and Murphy Streets. (Council Communication No. 23-404) 35. First Amendment to Minimum Assessment Agreement by and between City of Des Moines, Merle Hay Anchors, LLC and Polk County Assessor. (Council Communication No. 23-405) 36. Preliminary terms of an urban renewal development agreement with FJ Management Inc. for the acquisition and retention of 250 jobs and a new 10-year lease for 40,000-square- feet of office space at 1100 Locust Street. (Council Communication No. 23-407) 37. Resolution approving supplemental funding for the City’s Neighborhood Block Challenge Grant (BCG) Program. (Council Communication No. 23-422) 38. Honorary naming of 13th Street between Grand Avenue and Locust Street as “World Record Way”. 39. Agreement for administration of the Greater Des Moines Recreational Activity Scholarship Program (GRASP) Program with IMPACT Community Action Partnership. (Council Communication No. 23-408) 40. Recyclables Processing and Marketing Service Agreement with Metro Waste Authority (MWA). (Council Communication No. 23-409) 41. Authority to enter into an extension of agreement with Voya for the provision of group life insurance, long term disability and supplemental insurance benefits for the period October 1, 2023 through Juns 30, 2024. (Council Communication No. 23-418) 8 42. Additional action on the authorization of a Loan Agreement and the issuance of not to exceed $50,000,000 General Obligation Capital Loan Notes (General Fund). 42-I Fund transfer resolution of the City of Des Moines FY 2023. 43. Abatement of public nuisance as follows: (A) 3308 SE 4th Street. (B) 1453 Capitol Avenue. 44. Purchase from Keltek Incorporated (Michelle Jensen, President and CEO) of 34 replacement Toughbook Tablets for use by the Fire Department per Minnesota WSCA- NASPO Master Agreement and State of Iowa Contract and approving supplemental agreement with Panasonic Connect North America, $171,780.58. (Council Communication No. 23-419) 45. Authorizing Finance Director to draw checks on registers for the weeks of September 11, 18 and 25, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of September 11, 18 and 25, 2023; to draw checks for biweekly payroll due September 22, 2023. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM.) (ITEMS 46 THRU 47) 46. On a request from Southeast Polk Family Church (David L Harper, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for the property from Low Density Residential to Community Mixed Use, and to rezone property located in the vicinity of 4101 E. 42nd Street from “P2” Public, Civic, and Institutional District to Limited “MX3” Mixed Use District to allow the use of the eastern portion of the property for a new Animal Service – Boarding use. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 47. On City-initiated request to amend the PlanDSM Creating Our Tomorrow Plan to adopt ReflectDSM: Honoring All Des Moines Histories (Historic Preservation Plan) and incorporate as an element. (Council Communication No. 23-403) ****END HEARINGS AT ___________________PM**** 9 ORDINANCES FIRST CONSIDERATION 48. Amending Chapters 10, 30 and 74 of the Municipal Code relating to liquor, wine or beer licenses. (Council Communication No. 23-398) 49. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-414) (A) Parking Modification – 24th Street between Forest Avenue and Clark Street and Forest Avenue between 24th Street and 25th Street. (B) Parking Modification – High Street between 24th Street and 28th Street. (C) Parking Modifications – Grand Avenue between 2nd Avenue and 3rd Street and Grand Avenue between 4th Street and 5th Avenue. REQUEST TO SPEAK 50. Requests to speak as follows: (A) Jeff Luke (B) Bridget Botkin (C) Dr. Sylvia Nemmers (D) Adam Callanan (E) Steven Bowman (F) Justin O’Neal (G) Jolene Prescott EXTRA ITEM 1. A resolution finding a vacancy in the Office of Ward 1 Council Member and calling for a special election at the earliest practicable date of November 7, 2023 and directing the City Clerk to notify the Commissioner of Elections of the Council decision to call for a special election pursuant to Iowa Code and authorizing City staff to take all necessary actions to accomplish such direction. Sponsors: Mayor Cownie and Mayor Pro Tem Boesen. MOTION TO ADJOURN. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city 10 All-America City 1949 1976 1981 2003 2010 2017 11

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