Muyni
← Back to Des Moines

City Council

Regular Meeting

Des Moines, IA · November 6, 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 November 6, 2023 5:00 P.M. PROCLAMATIONS - 4:50 P.M. National Apprenticeship Week Gun Safety Awareness and National Injury Prevention Day 23-1511 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Voss and Westergaard. 23-1512 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1513 3. APPROVING CONSENT AGENDA * – items 3 through 36: 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. 1 11/6/2023 LICENSES AND PERMITS 23-1514 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. NEW APPLICATIONS (A) CHA CHAS HILAND BAKERY 3615 6TH AVE Class C Liquor (B) CHARLEES RESTAURANT & BAR 1130 E 9TH ST Class C Liquor (C) JACKS PLACE 6112 SW 9TH ST Class C Liquor RENEWAL APPLICATIONS (D) ALDI INC #03 3940 E 14TH ST Class B Retail (E) ALDI INC #29 5512 SE 14TH ST Class B Retail (F) ALDI INC #38 2543 E UNIVERSITY Class B Retail (G) CASEYS GENERAL STORE #2892 6120 DOUGLAS AVE Class B Retail (H) CHIPOTLE MEXICAN GRILL 3737 MERLE HAY RD Class C Liquor (I) CROZ NEST EAST 3801 EASTON BLVD Class C Liquor (J) EL PARRANDERO 6401 SE 14TH ST Class C Liquor (K) ESTRADAS 3029 MERLE HAY RD Class C Liquor (L) FRATERNAL ORDER OF EAGLES 6567 BLOOMFIELD RD Class C Liquor (M) FREMONT 1030 E 9TH ST Class C Liquor (N) GIT N GO STORE #19 890 COUNTY LINE RD Class B Retail (O) GIT N GO STORE #3 100 WATROUS AVE Class B Retail (P) GIT N GO STORE #42 806 SE 14TH ST Class B Retail (Q) GIT N GO STORE #6 5736 FRANKLIN AVE Class B Retail (R) HOQ RESTAURANT 303 E 5TH ST Class C Liquor (S) IN & OUT MARKET 2127 MLK JR PKWY Class E Liquor (T) JEANNIES BOTTLE 3839 MERLE HAY RD Class C Liquor (U) JESSES EMBERS 3301 INGERSOLL AVE Class C Liquor (V) KWIK STAR #1053 4105 HUBBELL AVE Class B Retail (W) PURVEYOR 505 E GRAND AVE Class C Liquor (X) QUIK TRIP #500 3700 HUBBELL AVE Class E Liquor (Y) QUIK TRIP #534 2945 E UNIVERSITY AVE Class E Liquor (Z) QUIK TRIP #554 901 SW 63RD ST Class E Liquor (AA) SODEXO LIVE! 1 LINE DR Class C Liquor (BB) TEEHEES COMEDY CLUB 1433 WALNUT ST Class C Liquor (CC) TIPSY CROW TAVERN 102 3RD ST Class C Liquor OUTDOOR SERVICE APPLICATION (DD) RIVER CENTER 320 W MLK JR PKWY Class C Liquor TEMPORARY FOR WHISKEYFEST ON NOVEMBER 18, 2023. SPECIAL EVENT APPLICATIONS (EE) IOWA EUROPEAN CULTURAL 1 LINE DR 5 days CLASS C LIQUOR LICENSE FOR CHRISTKINDLMARKET ON NOVEMBER 30 THROUGH DECEMBER 3, 2023. 2 11/6/2023 (FF) MVP DSM 4600 PARK AVE 5 days CLASS C LIQUOR LICENSE FOR EXTREME/MAXIMUS BOXING ON NOVEMBER 11, 2023. (GG) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 10, 2023. (HH) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 17 - 18, 2023. (II) WINEFEST DES MOINES 2800 UNIVERSITY AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DINING IN THE DARK ON NOVEMBER 16, 2023. 23-1515 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Boesen. Motion Carried 5-1. Nays: Cownie. 23-1516 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. PUBLIC IMPROVEMENTS 7. Ordering construction of the following: WITHDRAWN 23-1517 (A) Ingersoll Avenue Improvements from 28th Street to 31st Street: Receiving of bids, (11- 28-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $4,260,000. (Council Communication No. 23-499) 23-1518 (B) 2024 Sewer Repair Contract 1: Receiving of bids, (11-28-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $725,000. (Council Communication No. 23- 498) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1519 (C) Birdland Sports Complex Improvements: Receiving of bids, (11-28-23) and Setting date of hearing, (12-18-23), Engineer’s estimate, $1,730,000. (Council Communication No. 23-500) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1520 (D) 2024 Riverwalk Improvements – Paver Replacement: Receiving of bids, (11-28-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $600,000. (Council Communication No. 23-497) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1521 (E) Western Gateway Water Features: Receiving of bids, (12-5-23) and Setting date of hearing, (12-18-23), Engineer’s estimate, $820,000. (Council Communication No. 23- 496) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 3 11/6/2023 WITHDRAWN 23-1522 8. Approving exception to request for proposal process for good cause and approving Professional Services Agreement with Kirkham Michael & Associates, Inc. for Ingersoll Avenue Streetscape – 31st Street to 35th Street, not to exceed $396,730. (Council Communication No. 23-492) 23-1523 9. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Foth Infrastructure and Environment, LLC for Western Ingersoll Sewer Separation Phase 1, not to exceed $207,000. (Council Communication No. 23-493) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. WITHDRAWN 23-1524 10. Approving Supplemental Agreement No. 4 to the Professional Services Agreement with Kirkham, Michael & Associates, Inc. for Ingersoll Avenue Streetscape – 31st Street to Martin Luther King Jr. Parkway, not to exceed $211,270. (Council Communication No. 23- 494) 23-1525 11. Approving Private Construction Contract between Hegg Construction, LLC and IA9 Des Moines, LLC for storm sewer improvements in SE 14th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 12. Approving completion and acceptance of Private Construction Contracts between the following: 23-1526 (A) Priority Excavating, LLC and Brook Landing, LLC for sanitary sewer improvements located south of E. Douglas Avenue (NE 38th Avenue) and west of NE 56th Street for Brook Landing Plat 2. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1527 (B) Priority Excavating, LLC and Brook Landing, LLC for storm sewer improvements located south of E. Douglas Avenue (NE 38th Avenue) and west of NE 56th Street for Brook Landing Plat 2. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1528 13. Accepting completed construction and approving final payment for Tower Park Futsal Court, Berkey Homebuilders, Inc. d/b/a Concrete Professionals. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 4 11/6/2023 SPECIAL ASSESSMENTS 23-1529 14. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-10. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. LAND/PROPERTY TRANSACTIONS 23-1530 15. Releasing PUD Restoration Bond for Grover Woods Plat 1. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1531 16. Releasing Subdivision Bond for Grover Woods Plat 1. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1532 17. Approving 309 tax abatement applications for work completed in 2023. (Council Communication No. 23-501) 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 in FY2023/24. Second by Boesen. Motion Carried 6-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-1533 18. Recommendation from the Des Moines Area Regional Transit Authority to appoint Tony Filippini to the Transportation Safety Committee, Seat 10. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1534 19. Recommendation from the Youth Advisory Board to appoint Nanees Abakar for a term expiring July 31, 2024. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 5 11/6/2023 COMMUNICATIONS FROM PLANNING AND ZONING 23-1535 20. Regarding a request from Larry D. Henson (Owner) for vacation of approximately 1,250 square feet of the north/south segment of undeveloped E. 22nd Street right-of-way located immediately to the west of 2200 Elizabeth Avenue, and bounded by Easton Boulevard to the north, and Elizabeth Avenue to the south, to allow the vacated area to be assembled and maintained for private use. 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 6-0. 23-1536 21. Regarding a request from Rally Cap Properties, LLC (Ryan Francois, Officer) for vacation of the southernmost 100 lineal feet of a north/south alley right-of-way in the vicinity of 601 24th Street, which is within the block bounded by High Street to the south and Woodland Avenue to the north, to allow the vacated area to be maintained for private use. 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 6-0. SETTING DATE OF HEARINGS 23-1537 22. On conveyance of vacated alley right-of-way located south of and adjoining 2917 Maple Street to Semir Salihovic, $50, (11-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1538 23. On conveyance of excess City property located at the northeast corner of E. Martin Luther King, Jr. Parkway and 10th Street adjoining 1001 Raccoon Street to Ecosource, LLC, $2,275, (11-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1539 24. Conveyance of a permanent easement for underground electric lines in a portion of Columbus Park to MidAmerican Energy Company, $2,200, (11-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1540 25. On a request from City of Des Moines Municipal Housing Agency to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to High Density Residential, and to rezone two (2) parcels located at 3312 8th Street and 3400 8th Street from “N5” Neighborhood District and “NX1” Neighborhood Mix District to “NX2” Neighborhood Mix District to allow construction of a new accessory storage and maintenance building and to bring the existing multi-household dwelling into conformance with zoning requirements, (11-20-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 6 11/6/2023 23-1541 26. On a request from Lone Wolf Realty, LLC (Richard Hurd, Officer) to rezone land in the vicinity of 7900 Southridge Boulevard, from “MX3-V” Mixed Use District to “MX3” Mixed Use District, to allow the development of the property for “Vehicle Maintenance and Repair, Minor” and “Vehicle Sales” uses within the “Vehicle Sales and Services” category, (11-20- 23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1542 27. On substantial amendments to the 2022 and 2023 Annual Action Plans under the 2020-2024 Consolidated Plan, updating the service area of the infrastructure and public facilities activity and reallocation of public service funding, (12-18-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. APPROVING 23-1543 28. $500,000 of Community Development Block Grant (CDBG) funds for the infrastructure and site improvements associated with Habitat for Humanity Carter Circle project and development of 14 affordable homeownership units at 4320 E. 46 th Street. (Council Communication No. 23-489) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1544 29. Final terms of an urban renewal development agreement with Mav KG, LLC 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. 23-504) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1545 30. Second Amendment to the Urban Renewal Development Agreement and acceptance of revised Conceptual Development Plan with Market One, LLC, to remove the south parking parcel from the agreement. (Council Communication No. 23-502) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1546 31. Operating agreement with the Friends of SW 9th for SW 9th Corridor Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 23-506) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1547 32. Acceptance of the 2023 Project Safe Neighborhood Grant award through the Office of Drug Control Policy. (Council Communication No. 23-486) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1548 33. Intergovernmental transfer of public funds pursuant to agreement with Iowa Department of Human Services (IDHS) and approval of agreement for Fiscal Year 2024-2025. (Council Communication No. 23-490) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1549 34. Amended Schedule of Fees for Cemeteries under Chapter 34 of the City Code. (Council Communication No. 23-487) Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 7 11/6/2023 35. Abatement of public nuisances as follows: 23-1550 (A) 1150 13th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1551 (B) 2201 Riverwoods Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1552 (C) 108 E. Philip Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1553 (D) 101 Johnson Court. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1554 36. Authorizing Finance Director to draw checks on registers for the weeks of November 6 and 13, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of November 6 and 13, 2023; to draw checks for biweekly payroll due November 17, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 37 THRU 51) 23-1555 37. On conveyance of vacated alley right-of-way located east of and adjoining 737 SE 26th Court to Henry Artero and Celina Quijano, $25. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 23-1556 38. On conveyance of excess City property locally known as 4209 51 st Street to Charles A. Hughes and Cynthia A. Hughes, $500. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1557 39. On conveyance of a Permanent Easement for Sanitary Sewer Facilities in City property located south of the Des Moines River and north of Hartford Avenue between SE 1 st Street and SE 22nd Street to Des Moines Metropolitan Wastewater Reclamation Authority. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 23-1558 40. Vacation of a portion of north-south alley right-of-way located east of and adjoining 611 and 625 SE 10th Street and conveyance to Thikra Noori Al Mahdawi and Salah Abdulrazzak Abdulwahab, $200. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1559 (A) First consideration of ordinance above Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-0. 23-1560 (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, #16,294. Second by Boesen. Motion Carried 6-0. 8 11/6/2023 23-1561 41. On vacation of subsurface rights within Locust Street right-of-way adjoining 1716 Locust Street and conveyance of a Permanent Easement for Subsurface Building Encroachment on City-owned property to Meredith Operations Corporation, $4,700. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 23-1562 (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 6-0. 23-1563 (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, #16,295. Second by Voss. Motion Carried 6-0. 23-1564 42. On a request from Jedd Corporation (Daniel R. Rice, Officer) to rezone property located in the vicinity of 4221 SE 14th Street from “MX3-V” Mixed Use District to “MX3” Mixed Use District to allow renovation of an existing building and property for “Vehicle Maintenance and Repair, Minor” and “Vehicle Sales” uses. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-0. 23-1565 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 6-0. 23-1566 (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, #16,296. Second by Boesen. Motion Carried 6-0. 23-1567 43. On a request from Neighborhood Development Corporation (Abbey Gilroy, Officer) for property located at 1408 31st Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive 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 northern 50 feet from “MX1” Mixed Use District to “RX1” Mixed Use District to allow the development of the property in common with the parcels to the south for two (2) multiple-household apartment buildings. Moved by Boesen to adopt. Second by Gatto. Motion Carried 6-0. 23-1568 (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 6-0. 9 11/6/2023 23-1569 (B) Final consideration of ordinance above (waiver requested by applicant), 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, #16,297. Second by Gatto. Motion Carried 6-0. 23-1570 44. On a request from 621-625 Ovid, LLC (Clarissa Cortez, Officer) for two (2) parcels located in the vicinity of 621 Ovid Avenue to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to High Density Residential and to rezone the property from “N5” Residential District to Limited “NX2” Mixed Use District to allow a 3rd dwelling unit within each of two (2) existing duplex structures and to continue to November 20, 2023 Council meeting. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-0. 23-1571 45. On request from Brew Oil, LLC (Rupinder Kaur, Officer) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use designation from Neighborhood Mixed Use to Community Mixed Use, and to rezone 4140 Park Avenue from “RX1” Mixed Use District to Limited “MX3” Mixed Use District to allow the redevelopment of an existing building as a convenience store with liquor sales. (Requires six votes for approval). Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 23-1572 (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 6-0. 23-1573 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,298. Second by Voss. Motion Carried 6-0. 23-1574 46. On a request from Starlink, LLC (Becky Hiu, Officer) for 1900 Arlington Avenue to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low-Medium Density Residential to High Density Residential and to rezone from “N5” Neighborhood District to “NX1” Mixed Use District to allow reuse of the existing structure for multiple-household residential use with up to seven (7) dwelling units and to continue to November 20, 2023 Council meeting. Moved by Voss to adopt. Second by Gatto. Motion Carried 6-0. 10 11/6/2023 23-1575 47. On a request from Airport Development, LC (Stuart Ruddy, Officer); Scharnberg Real Estate, LLC (Mark Scharnberg, Officer); DSM Fleur Hospitality, LLC (Biren Patel, Officer); and West Lakes Properties, LC (Gerard D. Neugent, Officer) for property located in the vicinity of 2400 Gannett Avenue, for review and approval of a 3rd Amendment to the Airport Commerce Park South PUD Conceptual Plan for multiple parcels located in the vicinity of 2400 Gannett Avenue to allow use of metal siding, cladding, and roofing materials. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 6-0. 23-1576 48. On request from Riva Walters (Owner) for an appeal of a conditional approval of a Certificate of Appropriateness on property located at 685 20 th Street for the construction of a fence in the front yard. Moved by Mandelbaum to adopt alternative B. The proposed Certificate of Appropriateness is hereby approved, subject to the following condition: (1) compliance with all applicable Building Codes and the fence shall be constructed in accordance with a fence permit as issued by the Permit and Development Center. Second by Gatto. Motion Carried 6-0. 23-1577 49. On proposed 2024 Action Plan for the U.S. Department of Housing and Urban Development (HUD) 2020-2024 Consolidated Plan. (Council Communication No. 23-488) Moved by Boesen to adopt. Second by Voss. Motion Carried 6-0. WITHDRAWN 23-1578 50. Canceling public hearing On the proposed Third Amendment to the Urban Renewal Plan for the Oak Park-Highland Park Urban Renewal Area. (Council Communication No. 23-505) WITHDRAWN 23-1579 (A) First consideration of ordinance terminating Oak Park-Highland Park TIF District No. 3 and establishing Oak Park-Highland Park TIF District No. 5. WITHDRAWN 23-1580 (B) Final consideration of ordinance above (waiver requested by Cody Christensen, Development Services Director), requires six votes. 23-1581 51. On proposed Thirty-third Amendment to the Urban Renewal Plan for the Metro Center Urban Renewal Area. (Council Communication No. 23-503) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. *** END HEARINGS AT 5:28 P.M. *** 11 11/6/2023 ORDINANCES - FIRST CONSIDERATION 23-1582 52. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-491) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. (A) Parking Modification – Watrous Avenue between SW 56th Street and SW 61st Street. (B) Parking Modification – Maish Avenue, Rose Avenue, and Rose Circle. (C) Parking Modification – Ingersoll Avenue between Martin Luther King Jr. Parkway to 28th Street and 23rd Street between Ingersoll Avenue and Holcomb Avenue. (D) Code Correction – Intersection of 56th Street and Ingersoll Avenue. 23-1583 (E) 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, #16,299. Second by Voss. Motion Carried 6-0. 53. Number not used. COMMUNICATIONS/REPORTS 23-1584 54. Requests to speak as follows: Moved by Gatto to receive and file. Second by Mandelbaum. Motion Carried 6-0. (A) Brandi Ramus – did not speak. (B) Chad D Nelson – did not speak. (C) Laural Clinton (D) Jolene Prescott – did not speak. 23-1585 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:33 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 11/6/2023

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 November 6, 2023 5:00 P.M. PROCLAMATIONS - 4:50 P.M. National Apprenticeship Week Gun Safety Awareness and National Injury Prevention Day 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 36: *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 APPLICATIONS (A) CHA CHAS HILAND BAKERY 3615 6TH AVE Class C Liquor (B) CHARLEES RESTAURANT & BAR 1130 E 9TH ST Class C Liquor (C) JACKS PLACE 6112 SW 9TH ST Class C Liquor RENEWAL APPLICATIONS (D) ALDI INC #03 3940 E 14TH ST Class B Retail (E) ALDI INC #29 5512 SE 14TH ST Class B Retail (F) ALDI INC #38 2543 E UNIVERSITY Class B Retail (G) CASEYS GENERAL STORE #2892 6120 DOUGLAS AVE Class B Retail (H) CHIPOTLE MEXICAN GRILL 3737 MERLE HAY RD Class C Liquor (I) CROZ NEST EAST 3801 EASTON BLVD Class C Liquor (J) EL PARRANDERO 6401 SE 14TH ST Class C Liquor (K) ESTRADAS 3029 MERLE HAY RD Class C Liquor 1 (L) FRATERNAL ORDER OF EAGLES 6567 BLOOMFIELD RD Class C Liquor (M) FREMONT 1030 E 9TH ST Class C Liquor (N) GIT N GO STORE #19 890 COUNTY LINE RD Class B Retail (O) GIT N GO STORE #3 100 WATROUS AVE Class B Retail (P) GIT N GO STORE #42 806 SE 14TH ST Class B Retail (Q) GIT N GO STORE #6 5736 FRANKLIN AVE Class B Retail (R) HOQ RESTAURANT 303 E 5TH ST Class C Liquor (S) IN & OUT MARKET 2127 MLK JR PKWY Class E Liquor (T) JEANNIES BOTTLE 3839 MERLE HAY RD Class C Liquor (U) JESSES EMBERS 3301 INGERSOLL AVE Class C Liquor (V) KWIK STAR #1053 4105 HUBBELL AVE Class B Retail (W) PURVEYOR 505 E GRAND AVE Class C Liquor (X) QUIK TRIP #500 3700 HUBBELL AVE Class E Liquor (Y) QUIK TRIP #534 2945 E UNIVERSITY AVE Class E Liquor (Z) QUIK TRIP #554 901 SW 63RD ST Class E Liquor (AA) SODEXO LIVE! 1 LINE DR Class C Liquor (BB) TEEHEES COMEDY CLUB 1433 WALNUT ST Class C Liquor (CC) TIPSY CROW TAVERN 102 3RD ST Class C Liquor OUTDOOR SERVICE APPLICATION (DD) RIVER CENTER 320 W MLK JR PKWY Class C Liquor TEMPORARY FOR WHISKEYFEST ON NOVEMBER 18, 2023. SPECIAL EVENT APPLICATIONS (EE) IOWA EUROPEAN CULTURAL 1 LINE DR 5 days CLASS C LIQUOR LICENSE FOR CHRISTKINDLMARKET ON NOVEMBER 30 - DECEMBER 3, 2023. (FF) MVP DSM 4600 PARK AVE 5 days CLASS C LIQUOR LICENSE FOR EXTREME/MAXIMUS BOXING ON NOVEMBER 11, 2023. (GG) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 10, 2023. (HH) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 17 - 18, 2023. (II) WINEFEST DES MOINES 2800 UNIVERSITY AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR DINING IN THE DARK ON NOVEMBER 16, 2023. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 6. City Clerk to issue Coin Operated Machine Licenses. 2 PUBLIC IMPROVEMENTS 7. Ordering construction of the following: (A) Ingersoll Avenue Improvements from 28th Street to 31st Street: Receiving of bids, (11-28-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $4,260,000. (Council Communication No. 23-499) (B) 2024 Sewer Repair Contract 1: Receiving of bids, (11-28-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $725,000. (Council Communication No. 23-498) (C) Birdland Sports Complex Improvements: Receiving of bids, (11-28-23) and Setting date of hearing, (12-18-23), Engineer’s estimate, $1,730,000. (Council Communication No. 23-500) (D) 2024 Riverwalk Improvements – Paver Replacement: Receiving of bids, (11-28-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $600,000. (Council Communication No. 23-497) (E) Western Gateway Water Features: Receiving of bids, (12-5-23) and Setting date of hearing, (12-18-23), Engineer’s estimate, $820,000. (Council Communication No. 23-496) 8. Approving exception to request for proposal process for good cause and approving Professional Services Agreement with Kirkham Michael & Associates, Inc. for Ingersoll Avenue Streetscape – 31st Street to 35th Street, not to exceed $396,730. (Council Communication No. 23-492) 9. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Foth Infrastructure and Environment, LLC for Western Ingersoll Sewer Separation Phase 1, not to exceed $207,000. (Council Communication No. 23-493) 10. Approving Supplemental Agreement No. 4 to the Professional Services Agreement with Kirkham, Michael & Associates, Inc. for Ingersoll Avenue Streetscape – 31st Street to Martin Luther King Jr. Parkway, not to exceed $211,270. (Council Communication No. 23-494) 3 11. Approving Private Construction Contract between Hegg Construction, LLC and IA9 Des Moines, LLC for storm sewer improvements in SE 14th Street. 12. Approving completion and acceptance of Private Construction Contracts between the following: (A) Priority Excavating, LLC and Brook Landing, LLC for sanitary sewer improvements located south of E. Douglas Avenue (NE 38th Avenue) and west of NE 56th Street for Brook Landing Plat 2. (B) Priority Excavating, LLC and Brook Landing, LLC for storm sewer improvements located south of E. Douglas Avenue (NE 38th Avenue) and west of NE 56th Street for Brook Landing Plat 2. 13. Accepting completed construction and approving final payment for Tower Park Futsal Court, Berkey Homebuilders, Inc. d/b/a Concrete Professionals. SPECIAL ASSESSMENTS 14. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-10. LAND/PROPERTY TRANSACTIONS 15. Releasing PUD Restoration Bond for Grover Woods Plat 1. 16. Releasing Subdivision Bond for Grover Woods Plat 1. 17. Approving 309 tax abatement applications for work completed in 2023. (Council Communication No. 23-501) BOARDS/COMMISSIONS/NEIGHBORHOODS 18. Recommendation from the Des Moines Area Regional Transit Authority to appoint Tony Filippini to the Transportation Safety Committee, Seat 10. 19. Recommendation from the Youth Advisory Board to appoint Nanees Abakar for a term expiring July 31, 2024. 4 COMMUNICATIONS FROM PLANNING AND ZONING 20. Regarding a request from Larry D. Henson (Owner) for vacation of approximately 1,250 square feet of the north/south segment of undeveloped E. 22nd Street right-of-way located immediately to the west of 2200 Elizabeth Avenue, and bounded by Easton Boulevard to the north, and Elizabeth Avenue to the south, to allow the vacated area to be assembled and maintained for private use. 21. Regarding a request from Rally Cap Properties, LLC (Ryan Francois, Officer) for vacation of the southernmost 100 lineal feet of a north/south alley right-of-way in the vicinity of 601 24th Street, which is within the block bounded by High Street to the south and Woodland Avenue to the north, to allow the vacated area to be maintained for private use. SETTING DATE OF HEARINGS 22. On conveyance of vacated alley right-of-way located south of and adjoining 2917 Maple Street to Semir Salihovic, $50, (11-20-23). 23. On conveyance of excess City property located at the northeast corner of E. Martin Luther King, Jr. Parkway and 10th Street adjoining 1001 Raccoon Street to Ecosource, LLC, $2,275, (11-20-23). 24. Conveyance of a permanent easement for underground electric lines in a portion of Columbus Park to MidAmerican Energy Company, $2,200, (11-20-23). 25. On a request from City of Des Moines Municipal Housing Agency to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to High Density Residential, and to rezone two (2) parcels located at 3312 8th Street and 3400 8th Street from “N5” Neighborhood District and “NX1” Neighborhood Mix District to “NX2” Neighborhood Mix District to allow construction of a new accessory storage and maintenance building and to bring the existing multi-household dwelling into conformance with zoning requirements, (11-20-23). 26. On a request from Lone Wolf Realty, LLC (Richard Hurd, Officer) to rezone land in the vicinity of 7900 Southridge Boulevard, from “MX3-V” Mixed Use District to “MX3” Mixed Use District, to allow the development of the property for “Vehicle Maintenance and Repair, Minor” and “Vehicle Sales” uses within the “Vehicle Sales and Services” category, (11-20-23). 27. On substantial amendments to the 2022 and 2023 Annual Action Plans under the 2020- 2024 Consolidated Plan, updating the service area of the infrastructure and public facilities activity and reallocation of public service funding, (12-18-23). 5 APPROVING 28. $500,000 of Community Development Block Grant (CDBG) funds for the infrastructure and site improvements associated with Habitat for Humanity Carter Circle project and development of 14 affordable homeownership units at 4320 E. 46th Street. (Council Communication No. 23-489) 29. Final terms of an urban renewal development agreement with Mav KG, LLC 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. 23-504) 30. Second Amendment to the Urban Renewal Development Agreement and acceptance of revised Conceptual Development Plan with Market One, LLC, to remove the south parking parcel from the agreement. (Council Communication No. 23-502) 31. Operating agreement with the Friends of SW 9th for SW 9th Corridor Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 23-506) 32. Acceptance of the 2023 Project Safe Neighborhood Grant award through the Office of Drug Control Policy. (Council Communication No. 23-486) 33. Intergovernmental transfer of public funds pursuant to agreement with Iowa Department of Human Services (IDHS) and approval of agreement for Fiscal Year 2024-2025. (Council Communication No. 23-490) 34. Amended Schedule of Fees for Cemeteries under Chapter 34 of the City Code. (Council Communication No. 23-487) 35. Abatement of public nuisances as follows: (A) 1150 13th Street. (B) 2201 Riverwoods Avenue. (C) 108 E. Philip Street. (D) 101 Johnson Court. 6 36. Authorizing Finance Director to draw checks on registers for the weeks of November 6 and 13, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of November 6 and 13, 2023; to draw checks for biweekly payroll due November 17, 2023. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 37 THRU 51) 37. On conveyance of vacated alley right-of-way located east of and adjoining 737 SE 26th Court to Henry Artero and Celina Quijano, $25. 38. On conveyance of excess City property locally known as 4209 51st Street to Charles A. Hughes and Cynthia A. Hughes, $500. 39. On conveyance of a Permanent Easement for Sanitary Sewer Facilities in City property located south of the Des Moines River and north of Hartford Avenue between SE 1st Street and SE 22nd Street to Des Moines Metropolitan Wastewater Reclamation Authority. 40. Vacation of a portion of north-south alley right-of-way located east of and adjoining 611 and 625 SE 10th Street and conveyance to Thikra Noori Al Mahdawi and Salah Abdulrazzak Abdulwahab, $200. (A) First consideration of ordinance above. 41. On vacation of subsurface rights within Locust Street right-of-way adjoining 1716 Locust Street and conveyance of a Permanent Easement for Subsurface Building Encroachment on City-owned property to Meredith Operations Corporation, $4,700. (A) First consideration of ordinance above. 42. On a request from Jedd Corporation (Daniel R. Rice, Officer) to rezone property located in the vicinity of 4221 SE 14th Street from “MX3-V” Mixed Use District to “MX3” Mixed Use District to allow renovation of an existing building and property for “Vehicle Maintenance and Repair, Minor” and “Vehicle Sales” uses. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 7 43. On a request from Neighborhood Development Corporation (Abbey Gilroy, Officer) for property located at 1408 31st Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive 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 northern 50 feet from “MX1” Mixed Use District to “RX1” Mixed Use District to allow the development of the property in common with the parcels to the south for two (2) multiple-household apartment buildings. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 44. On a request from 621-625 Ovid, LLC (Clarissa Cortez, Officer) for two (2) parcels located in the vicinity of 621 Ovid Avenue to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to High Density Residential and to rezone the property from “N5” Residential District to Limited “NX2” Mixed Use District to allow a 3rd dwelling unit within each of two (2) existing duplex structures and to continue to November 20, 2023 Council meeting. 45. On request from Brew Oil, LLC (Rupinder Kaur, Officer) to amend PlanDSM Creating Our Tomorrow Plan to revise the future land use designation from Neighborhood Mixed Use to Community Mixed Use, and to rezone 4140 Park Avenue from “RX1” Mixed Use District to Limited “MX3” Mixed Use District to allow the redevelopment of an existing building as a convenience store with liquor sales. (Continued from October 23, 2023) (Plan and Zoning Commission recommends DENIAL) (Requires six votes for approval) (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 46. On a request from Starlink, LLC (Becky Hiu, Officer) for 1900 Arlington Avenue to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low-Medium Density Residential to High Density Residential and to rezone from “N5” Neighborhood District to “NX1” Mixed Use District to allow reuse of the existing structure for multiple-household residential use with up to seven (7) dwelling units and to continue to November 20, 2023 Council meeting. 8 47. On a request from Airport Development, LC (Stuart Ruddy, Officer); Scharnberg Real Estate, LLC (Mark Scharnberg, Officer); DSM Fleur Hospitality, LLC (Biren Patel, Officer); and West Lakes Properties, LC (Gerard D. Neugent, Officer) for property located in the vicinity of 2400 Gannett Avenue, for review and approval of a 3rd Amendment to the Airport Commerce Park South PUD Conceptual Plan for multiple parcels located in the vicinity of 2400 Gannett Avenue to allow use of metal siding, cladding, and roofing materials. 48. On request from Riva Walters (Owner) for an appeal of a conditional approval of a Certificate of Appropriateness on property located at 685 20th Street for the construction of a fence in the front yard. (Continued from October 23, 2023) (Choose one alternative). (A) Approved with condition requiring set back from the property line. OR (B) Approved without condition requiring set back from the property line. 49. On proposed 2024 Action Plan for the U.S. Department of Housing and Urban Development (HUD) 2020-2024 Consolidated Plan. (Council Communication No. 23-488) 50. Canceling public hearing On the proposed Third Amendment to the Urban Renewal Plan for the Oak Park-Highland Park Urban Renewal Area. (Council Communication No. 23-505) (A) First consideration of ordinance terminating Oak Park-Highland Park TIF District No. 3 and establishing Oak Park-Highland Park TIF District No. 5. (B) Final consideration of ordinance above (waiver requested by Cody Christensen, Development Services Director), requires six votes. 51. On proposed Thirty-third Amendment to the Urban Renewal Plan for the Metro Center Urban Renewal Area. (Council Communication No. 23-503) *** END HEARINGS AT ______________ P.M. *** 9 ORDINANCES - FIRST CONSIDERATION 52. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-491) (A) Parking Modification – Watrous Avenue between SW 56th Street and SW 61st Street. (B) Parking Modification – Maish Avenue, Rose Avenue, and Rose Circle. (C) Parking Modification – Ingersoll Avenue between Martin Luther King Jr. Parkway to 28th Street and 23rd Street between Ingersoll Avenue and Holcomb Avenue. (D) Code Correction – Intersection of 56th Street and Ingersoll Avenue. 53. Number not used. COMMUNICATIONS/REPORTS 54. Requests to speak as follows: (A) Brandi Ramus (B) Chad D Nelson (C) Laural Clinton (D) Jolene Prescott 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 All-America City 1949 1976 1981 2003 2010 2017 10 11

Get email alerts for Des Moines

A daily email when new agendas and minutes are posted.

Report an issue with this meeting