City Council
Regular MeetingDes Moines, IA · November 6, 2023
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.
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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
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(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.
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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)
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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.
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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).
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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.
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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.
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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.
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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. ***
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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.
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