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City Council

Regular Meeting

Des Moines, IA · November 20, 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 20, 2023 5:00 PM I. CLOSED SESSION – 3:05 PM 23-1590 (A) Roll Call. Present: Cownie, Gatto, Coleman, Mandelbaum, Voss and Westergaard. Absent: Boesen. Council Member Mandelbaum participated in the meeting by phone. Council Member Boesen entered the meeting at 4:19 and Council Member Gatto left the meeting at 4:38 during item C. 23-1591 (B) Recess and reconvene in closed session, pursuant to Section 21.5, subsection 1, paragraph C, of the Iowa Code, to discuss as 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 and Section 20.17(3) of the Iowa Code to discuss collective bargaining strategy. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Absent: Boesen. 23-1592 (C) Closed Session. 23-1593 (D) Terminate closed session and reconvene in open session. Moved by Boesen to adopt. Second by Voss. Motion Carried 6-1. Absent: Gatto. 1 11/20/2023 (E) Motion to adjourn. Moved by Voss to adjourn at 4:56 PM. Second by Boesen. Motion Carried 6-1. Absent: Gatto. * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:45 PM Native American Heritage Month Appreciation Day for the Iowa European Cultural Connection and the Des Moines Christkindlmarket Swearing in for Chris Coleman, Ward 1 Council Member 23-1595 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Coleman, Voss and Westergaard. Council Member Mandelbaum participated in the meeting by phone. 23-1596 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1597 3. APPROVING CONSENT AGENDA * – items 3 through 38: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Boesen. Motion Carried 7-0. *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 23-1598 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. RENEWAL APPLICATIONS (A) 821 SQ LIQUOR 821 E EUCLID AVE Class E Liquor (B) BIANCHIS HILLTOP 2820 HUBBELL AVE Class C Liquor (C) BREAKFAST CLUB 212 E 3RD ST #A Class C Liquor (D) C FRESH MARKET 801 UNIVERSITY AVE #1 Class E Liquor (E) CHAMPS CLUB & PATIO 2279 HUBBELL AVE Class C Liquor (F) FLIX BREWHOUSE IOWA 3800 MERLE HAY RD Class C Liquor (G) GAMEDAY KITCHEN 3800 MERLE HAY RD Class C Liquor (H) HIGH LIFE LOUNGE 200 SW 2ND ST Class C Liquor (I) KUM & GO #4110 2110 GUTHRIE AVE Class E Liquor (J) LA BAJA COSINA 1938 SE 6TH ST #101 Class C Liquor (K) PARK AVENUE PUB 1101 PARK AVE Class C Liquor (L) QUIKTRIP #541 2428 HUBBELL AVE Class B Retail (M) ROYAL MILE, THE 210 4TH ST Class C Liquor 2 11/20/2023 (N) SAHOTA FOOD MART 1805 SE 14TH ST Class E Liquor (O) SKIPS 4000 FLEUR DR Class C Liquor (P) TUMEA AND SONS 1501 SE 1ST ST Class C Liquor (Q) VARSITY CINEMA 1207 25TH ST Class C Liquor SPECIAL EVENT APPLICATIONS (R) APRES BAR CO 3206 UNIVERSITY AVE 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 30, 2023. (S) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON DECEMBER 8, 2023. (T) CATHOLIC CHARITIES 601 GRAND AVE 5 days CLASS F LIQUOR LICENSE FOR CATHOLIC CHARITIES CENTENNIAL TRIVIA ON DECEMBER 2, 2023. (U) SALISBURY HOUSE 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR EVENTS ON DECEMBER 1 - 3, 2023. (V) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR HOLIDAY HIGH TEA AT THE CASTLE ON DECEMBER 9, 2023. (W) TANGERINE FOOD CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 25, 2023. (X) YOUR PRIVATE BAR 1100 7TH ST BLDG 7 5 days CLASS C LIQUOR LICENSE FOR IOWA STATE UNIVERSITY NETWORKING RECEPTION ON NOVEMBER 28, 2023. 23-1599 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Boesen. Motion Carried 6-1. Nays: Cownie. 23-1600 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. PUBLIC IMPROVEMENTS 23-1601 7. Approving completion and acceptance of private construction contract between deWit Construction LLC and True Bible Baptist Church for paving improvements in 4102 N. Union Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1602 8. Communication from contractors requesting permission to sublet certain items on public improvement projects. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 3 11/20/2023 9. Accepting completed construction and approving final payment for the following: 23-1603 (A) E. Douglas Avenue Reconstruction – E. 42nd Street to E. 56th Street, Elder Corporation. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1604 (B) Pennsylvania Avenue Rehabilitation from E. Washington to E. Jefferson, MPS Engineers, PC d/b/a Kingston Services, PC. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. SPECIAL ASSESSMENTS 23-1605 10. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-11. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 23-1606 11. Recommendation from Council Member Voss to appoint Laura Kessel to the Plan and Zoning Commission, Seat 7, to fill a vacant term expiring June 30, 2024. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. COMMUNICATIONS FROM PLANNING AND ZONING 23-1607 11-I On a request from 6th Avenue Corridor Inc (Marquas Ashworth, Officer) for vacation of subsurface rights within the 6th Avenue right-of-way adjoining property in the vicinity of 1716 6th Avenue to allow building footings and foundations to encroach into the right-of- way. 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 7-0. SETTING DATE OF HEARINGS 23-1608 12. On vacation of alley right-of-way extending 211 feet north from Clark Street between Martin Luther King, Jr. Parkway and 19th Street for the Fire Station 4 Relocation Project, (12-4-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1609 13. On vacation of the south 100 feet of the north/south alley right-of-way located east of and adjoining 601 24th Street and conveyance to Rally Cap Properties, LLC, $100, (12-4-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 4 11/20/2023 23-1610 14. On vacation of a portion of E. 22nd Street right-of-way located west of and adjoining 2200 Elizabeth Avenue and conveyance to Larry D. Henson and Rita Henson, $100, (12-4-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1611 15. On vacation of air and surface rights within portions of SW 7th Street right-of-way adjoining 106 SW 7th Street and conveyance of a Permanent Easement for Air Space Above City- owned Property and a Permanent Easement for Building Encroachment-Door Swing to 106 SW 7th Street, LLC, $370, (12-4-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1612 16. On a request from Professor Holdings, LLC (Hua Sun, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential within a Neighborhood Node to Medium Density Residential within a Neighborhood Node, and to rezone 1315 York Street from “N3c” Residential District to “N3c-4” Residential District, to allow expansion of the existing off-street parking area, (12- 4-23). Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1613 17. Setting date of public hearing on the proposed Third Amendment to the Urban Renewal Plan for the Oak Park-Highland Park Urban Renewal Area, (12-4-23). (Council Communication No. 23-514) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-1614 18. Approving payment to Nationwide Insurance on behalf of its insured Isak Sivi for a property damage claim. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1615 19. Approving payment to Nicholas Templeton in settlement of a lawsuit. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. CITY MANAGER COMMUNICATIONS 23-1616 20. Submitting travel and training request for T.M. Franklin Cownie. (Council Communication No. 23-526) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. APPROVING 23-1617 21. Main Street Iowa Program Continuation Agreement with Iowa Economic Development Authority and 6th Avenue Corridor, Inc. (Council Communication No. 23-511) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1618 22. First Amended and Restated Urban Renewal Development Agreement with Hoyt, LLC for the construction of a 47-unit apartment building at 610 16th Street and a 44-unit apartment building at 1619 and 1613 High Street and approving Conceptual Development Plan. (Council Communication No. 23-512) Motion by Mandelbaum failed, no second. Moved by Boesen to adopt. Second by Coleman. Motion Carried 6-1. Nays: Mandelbaum. 5 11/20/2023 23-1619 23. Issuance of Certificate of Completion for the Kohl’s site within the Merle Hay Mall Phase 3 – Merle Hay Commercial Area Urban Renewal Project. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1620 24. Preliminary terms of an Urban Renewal Development Agreement with 1435 Mulberry, LLC for the construction of a new 202-unit mixed-use apartment project on property located at 1435 Mulberry Street. (Council Communication No. 23-513) Moved by Mandelbaum to adopt and direct the City Manager to bring back additional discussion of items identified by Council Member Mandelbaum in council discussions. Second by Voss. Motion Carried 7-0. 23-1621 25. First Addendum to Agreement for Tree Planting Services with Trees Forever, Inc. and authorizing City Manager to execute same. (Council Communication No. 23-520) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1622 26. Agreements for EMT training and for paramedic training between the Fire Department and Des Moines Area Community College. (Council Communication No. 23-517) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1623 27. Agreement with Warren County establishing new precincts for County Supervisors. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1624 28. Renewal Addendum to Agreement with Creative Visions, LLC for Implementation Services for Violence Interruption Project (VIP). (Council Communication No. 23-521) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1625 29. Accepting awarded funding through the FY2023 Law Enforcement Agency De-Escalation Grant through the Community Oriented Policing Office of the Department of Justice in the amount of $69,500. (Council Communication No. 23-518) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 30. Abatement of public nuisances as follows: 23-1626 (A) 224 E. Payton Avenue. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1627 (B) 2317 E. 16th Street. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1628 31. Purchase from Housby Mack Inc. (Kelly Housby, CEO) of a replacement heavy-duty tandem axle truck chassis per Sourcewell Contract for use by the Public Works Department, $143,478. (Council Communication No. 23-524) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 6 11/20/2023 23-1629 32. Purchase from Motorola Solutions, Inc. (Greg Brown, CEO) of M500 In-Car Video Systems and Video Manager and five (5) year subscription for service and maintenance per Sourcewell Master Agreement for use by the Police Department, $1,500,080. (Council Communication No. 23-519) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1630 33. Purchase from Ziegler CAT Inc. (William Hoeft, President) of three (3) replacement compact track loaders and one (1) replacement mini-hydraulic excavator per Sourcewell Contract for use by various divisions of the Public Works and Parks and Recreation Departments, $414,716.56 (Council Communication No. 23-522) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1631 34. Change order to McNeilus Truck and Manufacturing purchase order of two (2) manual automated side loading solid waste collection bodies to be changed to two (2) front loading refuse bodies, additional amount of $34,500. (Council Communication No. 23-523) Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1632 35. Supplement to 2023 Senior Bond Issuance Certificate of Des Moines Metropolitan Wastewater Reclamation Authority Participating Community. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 36. Items regarding tax increment needs for Fiscal Year (FY) 2024/2025, internal loans to the Tax Increment Fund, and approving the submittal of the Annual Urban Renewal Report (AURR): (Council Communication No. 23-525) 23-1633 (A) Advance of funds to the Metro Center Urban Renewal Project for planning, oversight, and administration, $900,000. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1634 (B) Communication from the City Manager on Tax Increment Financing (TIF) needs for FY 2024-2026 and certification of TIF indebtedness. Moved by Gatto to adopt the recommendations contained in Council Communication No. 23-525 for tax increment financing (TIF) needs for each urban renewal area and to direct the City Manager or his designee to notify the County Auditor of the City of Des Moines' need for a total of $55,457,000 of tax increment financing revenue for FY 2024-2025 and to make the necessary timely certifications of the amount of loans, advances, indebtedness or bonds including interest negotiated on such loans, advances, indebtedness or bonds which qualify for payment from TIF for each urban renewal area in accordance with Iowa Code Section 403.19 and if there are subsequent reductions in tax increment valuations prior to certification, the City Manager or his designee is authorized to decrease the TIF needs requirement as to be in compliance with the Council's TIF policy. Second by Boesen. Motion Carried 7-0. 23-1635 (C) Urban Renewal Reports for Urban Renewal Plans and Areas within the City of Des Moines. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 7 11/20/2023 23-1636 37. Authorizing a form of loan agreement and providing for the issuance of $50,000,000 Limited Levy General Obligation Capital Loan Notes, Series 2023C secured by general fund and approval of the Tax Exemption Certificate. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1637 38. Authorizing Finance Director to draw checks on registers for the weeks of November 20 and 27, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of November 20 and 27, 2023; to draw checks for biweekly payroll due December 1, 2023. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 39 THRU 48) 23-1638 39. On conveyance of vacated alley right-of-way located south of and adjoining 2917 Maple Street to Semir Salihovic, $50. Moved by Gatto to adopt. Second by Boesen. Motion Carried 7-0. 23-1639 40. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 23-1640 41. On conveyance of a permanent easement for underground electric lines in a portion of Columbus Park, 1921 SE 1st Street, to MidAmerican Energy Company, $2,200. Moved by Mandelbaum to adopt. Second by Boesen. Motion Carried 7-0. 23-1641 42. 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. Moved by Westergaard to adopt. Second by Boesen. Motion Carried 7-0. 23-1642 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Boesen. Motion Carried 7-0. 23-1643 (B) Final consideration of ordinance above (waiver requested by Chris Johansen, Executive Director), 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, #16,300. Second by Boesen. Motion Carried 7-0. 8 11/20/2023 23-1644 43. 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. (Requires six votes due to opposition) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1645 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 23-1646 (B) Final consideration of ordinance above (waiver requested by the 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, #16,301. Second by Voss. Motion Carried 7-0. 23-1647 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-1648 (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 7-0. 23-1649 (B) Final consideration of ordinance above (waiver requested by the 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, #16,302. Second by Gatto. Motion Carried 7-0. 23-1650 45. 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, Moved by Coleman to DENY the proposed amendment and rezoning. Second by Gatto. Motion Carried 7-0. 9 11/20/2023 23-1651 46. On 4th and Grand Parking Garage Electrical Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Van Maanen Electric, Inc. (Nathan S. Van Maanen, President), $652,900. (Council Communication No. 23-509) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 23-1652 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 23-1653 47. On 16th Street Area Reconstruction and Trail Connection: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Shekar Engineering, PLC (Chandra Shekar, President), $3,261,617.37 (Council Communication No. 23-507) Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-1654 (A) Approval of contract and bond. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-1655 48. On 2024 Traffic Signal Replacement Contract 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Kline Electric, Inc. d/b/a Heartland Underground Solutions (Shane Kline, President), $320,205.95 (Council Communication No. 23-508) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1656 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. *****END HEARINGS AT 6:05 PM***** 10 11/20/2023 ORDINANCE FIRST CONSIDERATION 23-1657 49. Amending Chapter 30 of the Municipal Code relating to donation bins. (Council Communication No. 23-516) Moved by Gatto that this ordinance be considered and given first vote for passage with an amendment to the setback from 25 to 20 feet. Second by Voss. Motion Carried 7-0. 23-1658 (A) Final consideration of ordinance above (waiver requested by Erik Lundy, Deputy Director Neighborhood Services), 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, with an amendment to the setback from 25 to 20 feet, #16,303. Second by Voss. Motion Carried 7-0. 23-1659 (B) Approving amendment to Schedule of fees. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1660 50. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-510) Moved by Boesen that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. (A) Parking Modification – 25th Street from University Avenue to Forest Avenue. (B) Parking Modification – Grand Avenue from 4th Street to 5th Avenue. (C) Parking Modification – SE 6th Street from East Elm Street to E. Vine Street. (D) Code Correction – Grand Avenue from 7th Street to 8th Street. (E) Parking Modification – SE 22nd Street between Evergreen Avenue and E. Marion Street. (F) Corner Clearance Parking Restrictions: (1) E. 9th Street and Cleveland Avenue (2) SW 28th Street and Caulder Avenue (3) E. 36th Street and Hull Avenue (4) 55th Street and Forest Avenue (5) E. Sheridan Avenue and E 40th Court (6) E. Sheridan Avenue and E 41st Street 23-1661 (G) Final consideration of ordinance above, 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, #16,304. Second by Voss. Motion Carried 7-0. 11 11/20/2023 COMMUNICATIONS/REPORTS 23-1662 51. Requests to speak as follows: Moved by Gatto to receive and file. Second by Boesen. Motion Carried 7-0. (A) Joseph McCargar (B) Hannah Hayes – Did not speak. (C) Peter Clay (D) Brad Titus (E) Veola Perry (F) Lowell Roode – Did not speak. (G) Eddie Gutierrez – Did not speak. (H) Carolyn Uhlenhake Walker (I) Denver Foote – Did not speak. EXTRA ITEM 23-1663 1. Resolution in support of Des Moines Water Works joining Central Iowa Water Works. Sponsor: Mayor Cownie. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 23-1664 MOTION TO ADJOURN. Moved by Gatto to adjourn at 7:07 PM. Second by Boesen. Motion Carried 7-0. 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 11/20/2023

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 November 20, 2023 5:00 PM I. CLOSED SESSION – 3:00 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 as 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 and Section 20.17(3) of the Iowa Code to discuss collective bargaining strategy. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:45 PM Native American Heritage Month Appreciation Day for the Iowa European Cultural Connection and the Des Moines Christkindlmarket Swearing in for Chris Coleman, Ward 1 Council Member 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 38: *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 LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: RENEWAL APPLICATIONS (A) 821 SQ LIQUOR 821 E EUCLID AVE Class E Liquor (B) BIANCHIS HILLTOP 2820 HUBBELL AVE Class C Liquor (C) BREAKFAST CLUB 212 E 3RD ST #A Class C Liquor (D) C FRESH MARKET 801 UNIVERSITY AVE #1 Class E Liquor (E) CHAMPS CLUB & PATIO 2279 HUBBELL AVE Class C Liquor (F) FLIX BREWHOUSE IOWA 3800 MERLE HAY RD Class C Liquor (G) GAMEDAY KITCHEN 3800 MERLE HAY RD Class C Liquor (H) HIGH LIFE LOUNGE 200 SW 2ND ST Class C Liquor (I) KUM & GO #4110 2110 GUTHRIE AVE Class E Liquor (J) LA BAJA COSINA 1938 SE 6TH ST #101 Class C Liquor (K) PARK AVENUE PUB 1101 PARK AVE Class C Liquor (L) QUIKTRIP #541 2428 HUBBELL AVE Class B Retail (M) ROYAL MILE, THE 210 4TH ST Class C Liquor (N) SAHOTA FOOD MART 1805 SE 14TH ST Class E Liquor (O) SKIPS 4000 FLEUR DR Class C Liquor (P) TUMEA AND SONS 1501 SE 1ST ST Class C Liquor (Q) VARSITY CINEMA 1207 25TH ST Class C Liquor SPECIAL EVENT APPLICATIONS (R) APRES BAR CO 3206 UNIVERSITY AVE 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 30, 2023. (S) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON DECEMBER 8, 2023. (T) CATHOLIC CHARITIES 601 GRAND AVE 5 days CLASS F LIQUOR LICENSE FOR CATHOLIC CHARITIES CENTENNIAL TRIVIA ON DECEMBER 2, 2023. (U) SALISBURY HOUSE 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR EVENTS ON DECEMBER 1 - 3, 2023. (V) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR HOLIDAY HIGH TEA AT THE CASTLE ON DECEMBER 9, 2023. (W) TANGERINE FOOD CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON NOVEMBER 25, 2023. 2 (X) YOUR PRIVATE BAR 1100 7TH ST BLDG 7 5 days CLASS C LIQUOR LICENSE FOR IOWA STATE UNIVERSITY NETWORKING RECEPTION ON NOVEMBER 28, 2023. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 6. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 7. Approving completion and acceptance of private construction contract between deWit Construction LLC and True Bible Baptist Church for paving improvements in 4102 N. Union Street. 8. Communication from contractors requesting permission to sublet certain items on public improvement projects. 9. Accepting completed construction and approving final payment for the following: (A) E. Douglas Avenue Reconstruction – E. 42nd Street to E. 56th Street, Elder Corporation. (B) Pennsylvania Avenue Rehabilitation from E. Washington to E. Jefferson, MPS Engineers, PC d/b/a Kingston Services, PC. SPECIAL ASSESSMENTS 10. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2023-11. BOARDS/COMMISSIONS/NEIGHBORHOODS 11. Recommendation from Council Member Voss to appoint Laura Kessel to the Plan and Zoning Commission, Seat 7, to fill a vacant term expiring June 30, 2024. COMMUNICATIONS FROM PLANNING AND ZONING 11-I On a request from 6th Avenue Corridor Inc (Marquas Ashworth, Officer) for vacation of subsurface rights within the 6th Avenue right-of-way adjoining property in the vicinity of 1716 6th Avenue to allow building footings and foundations to encroach into the right-of- way. 3 SETTING DATE OF HEARINGS 12. On vacation of alley right-of-way extending 211 feet north from Clark Street between Martin Luther King, Jr. Parkway and 19th Street for the Fire Station 4 Relocation Project, (12-4-23). 13. On vacation of the south 100 feet of the north/south alley right-of-way located east of and adjoining 601 24th Street and conveyance to Rally Cap Properties, LLC, $100, (12-4-23). 14. On vacation of a portion of E. 22nd Street right-of-way located west of and adjoining 2200 Elizabeth Avenue and conveyance to Larry D. Henson and Rita Henson, $100, (12-4-23). 15. On vacation of air and surface rights within portions of SW 7th Street right-of-way adjoining 106 SW 7th Street and conveyance of a Permanent Easement for Air Space Above City-owned Property and a Permanent Easement for Building Encroachment-Door Swing to 106 SW 7th Street, LLC, $370, (12-4-23). 16. On a request from Professor Holdings, LLC (Hua Sun, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential within a Neighborhood Node to Medium Density Residential within a Neighborhood Node, and to rezone 1315 York Street from “N3c” Residential District to “N3c-4” Residential District, to allow expansion of the existing off- street parking area, (12-4-23). 17. Setting date of public hearing on the proposed Third Amendment to the Urban Renewal Plan for the Oak Park-Highland Park Urban Renewal Area, (12-4-23). (Council Communication No. 23-514) LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 18. Approving payment to Nationwide Insurance on behalf of its insured Isak Sivi for a property damage claim. 19. Approving payment to Nicholas Templeton in settlement of a lawsuit. CITY MANAGER COMMUNICATIONS 20. Submitting travel and training request for T.M. Franklin Cownie. (Council Communication No. 23-526) 4 APPROVING 21. Main Street Iowa Program Continuation Agreement with Iowa Economic Development Authority and 6th Avenue Corridor, Inc. (Council Communication No. 23-511) 22. First Amended and Restated Urban Renewal Development Agreement with Hoyt, LLC for the construction of a 47-unit apartment building at 610 16th Street and a 44-unit apartment building at 1619 and 1613 High Street and approving Conceptual Development Plan. (Council Communication No. 23-512) 23. Issuance of Certificate of Completion for the Kohl’s site within the Merle Hay Mall Phase 3 – Merle Hay Commercial Area Urban Renewal Project. 24. Preliminary terms of an Urban Renewal Development Agreement with 1435 Mulberry, LLC for the construction of a new 202-unit mixed-use apartment project on property located at 1435 Mulberry Street. (Council Communication No. 23-513) 25. First Addendum to Agreement for Tree Planting Services with Trees Forever, Inc. and authorizing City Manager to execute same. (Council Communication No. 23-520) 26. Agreements for EMT training and for paramedic training between the Fire Department and Des Moines Area Community College. (Council Communication No. 23-517) 27. Agreement with Warren County establishing new precincts for County Supervisors. 28. Renewal Addendum to Agreement with Creative Visions, LLC for Implementation Services for Violence Interruption Project (VIP). (Council Communication No. 23-521) 29. Accepting awarded funding through the FY2023 Law Enforcement Agency De-Escalation Grant through the Community Oriented Policing Office of the Department of Justice in the amount of $69,500. (Council Communication No. 23-518) 5 30. Abatement of public nuisances as follows: (A) 224 E. Payton Avenue. (B) 2317 E. 16th Street. 31. Purchase from Housby Mack Inc. (Kelly Housby, CEO) of a replacement heavy-duty tandem axle truck chassis per Sourcewell Contract for use by the Public Works Department, $143,478. (Council Communication No. 23-524) 32. Purchase from Motorola Solutions, Inc. (Greg Brown, CEO) of M500 In-Car Video Systems and Video Manager and five (5) year subscription for service and maintenance per Sourcewell Master Agreement for use by the Police Department, $1,500,080. (Council Communication No. 23-519) 33. Purchase from Ziegler CAT Inc. (William Hoeft, President) of three (3) replacement compact track loaders and one (1) replacement mini-hydraulic excavator per Sourcewell Contract for use by various divisions of the Public Works and Parks and Recreation Departments, $414,716.56 (Council Communication No. 23-522) 34. Change order to McNeilus Truck and Manufacturing purchase order of two (2) manual automated side loading solid waste collection bodies to be changed to two (2) front loading refuse bodies, additional amount of $34,500. (Council Communication No. 23-523) 35. Supplement to 2023 Senior Bond Issuance Certificate of Des Moines Metropolitan Wastewater Reclamation Authority Participating Community. 36. Items regarding tax increment needs for Fiscal Year (FY) 2024/2025, internal loans to the Tax Increment Fund, and approving the submittal of the Annual Urban Renewal Report (AURR): (Council Communication No. 23-525) (A) Advance of funds to the Metro Center Urban Renewal Project for planning, oversight, and administration, $900,000. (B) Communication from the City Manager on Tax Increment Financing (TIF) needs for FY 2024-2026 and certification of TIF indebtedness. (C) Urban Renewal Reports for Urban Renewal Plans and Areas within the City of Des Moines. 6 37. Authorizing a form of loan agreement and providing for the issuance of $50,000,000 Limited Levy General Obligation Capital Loan Notes, Series 2023C secured by general fund and approval of the Tax Exemption Certificate. 38. Authorizing Finance Director to draw checks on registers for the weeks of November 20 and 27, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of November 20 and 27, 2023; to draw checks for biweekly payroll due December 1, 2023. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 39 THRU 48) 39. On conveyance of vacated alley right-of-way located south of and adjoining 2917 Maple Street to Semir Salihovic, $50. 40. 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. 41. On conveyance of a permanent easement for underground electric lines in a portion of Columbus Park, 1921 SE 1st Street, to MidAmerican Energy Company, $2,200. 42. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Chris Johansen, Executive Director), requires six votes. 7 43. 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. (Requires six votes due to opposition) (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the 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, continued from the November 6, 2023 meeting. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 45. 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, continued from the November 6, 2023 meeting. (Choose one alternative below) (A) Deny. OR (B) Continue the hearing to December 4, 2023 and direct the City Manager and Legal Department to prepare the necessary legislation to approve. (Final ordinance approval on December 4, 2023 will require six votes). 8 46. On 4th and Grand Parking Garage Electrical Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Van Maanen Electric, Inc. (Nathan S. Van Maanen, President), $652,900. (Council Communication No. 23-509) (A) Approval of contract and bond. 47. On 16th Street Area Reconstruction and Trail Connection: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Shekar Engineering, PLC (Chandra Shekar, President), $3,261,617.37 (Council Communication No. 23-507) (A) Approval of contract and bond. 48. On 2024 Traffic Signal Replacement Contract 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Kline Electric, Inc. d/b/a Heartland Underground Solutions (Shane Kline, President), $320,205.95 (Council Communication No. 23-508) (A) Approval of contract and bond. *****END HEARINGS AT _______________PM***** ORDINANCE FIRST CONSIDERATION 49. Amending Chapter 30 of the Municipal Code relating to donation bins. (Council Communication No. 23-516) (A) Final consideration of ordinance above (waiver requested by Erik Lundy, Deputy Director Neighborhood Services), requires six votes. (B) Approving amendment to Schedule of fees. 9 50. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-510) (A) Parking Modification – 25th Street from University Avenue to Forest Avenue. (B) Parking Modification – Grand Avenue from 4th Street to 5th Avenue. (C) Parking Modification – SE 6th Street from East Elm Street to E. Vine Street. (D) Code Correction – Grand Avenue from 7th Street to 8th Street. (E) Parking Modification – SE 22nd Street between Evergreen Avenue and E. Marion Street. (F) Corner Clearance Parking Restrictions: (1) E. 9th Street and Cleveland Avenue (2) SW 28th Street and Caulder Avenue (3) E. 36th Street and Hull Avenue (4) 55th Street and Forest Avenue (5) E. Sheridan Avenue and E 40th Court (6) E. Sheridan Avenue and E 41st Street COMMUNICATIONS/REPORTS 51. Requests to speak as follows: (A) Joseph McCargar (B) Hannah Hayes (C) Peter Clay (D) Brad Titus (E) Veola Perry (F) Lowell Roode (G) Eddie Gutierrez (H) Carolyn Uhlenhake Walker (I) Denver Foote EXTRA ITEM 1. Resolution in support of Des Moines Water Works joining Central Iowa Water Works. Sponsor: Mayor Cownie. 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. 10 View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 11

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