City Council

*** 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 December 4, 2023 5:00 PM 23-1671 1. ROLL CALL: Present: Cownie, Boesen, Gatto, Mandelbaum, Coleman, Voss and Westergaard. Mayor Cownie participated in the meeting by phone. 23-1672 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1673 3. APPROVING CONSENT AGENDA * – items 3 through 26: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Voss. 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. 1 12/4/2023  LICENSES AND PERMITS 23-1674 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATIONS (A) BASIC BIRD 2607 BEAVER AVE Class C Liquor (B) MOXIE KITCHEN 4119 UNIVERSITY AVE Class C Liquor RENEWAL APPLICATIONS (C) BUFFALO WILD WINGS 3311 SE 14TH ST Class C Liquor (D) EUROPA GROCERIES 3839 MERLE HAY RD Class B Retail (E) FONGS PIZZA 223 4TH ST Class C Liquor (F) GARDEN NIGHTCLUB 525 E GRAND AVE Class C Liquor (G) HY-VEE FOOD STORE #2 2540 E EUCLID AVE Class E Liquor (H) PEGGYS TAVERN 3020 FOREST AVE Class C Liquor (I) QUIK TRIP #523R 849 ARMY POST RD Class B Retail (J) QUIKTRIP #535 1501 E GRAND AVE Class B Retail (K) SENOR TEQUILA 3411 SE 14TH ST Class C Liquor (L) SMOKE SHOP 1918 SE 14TH ST Class E Liquor (M) SOUTH SIDE SMOKE/VAPE 3324 INDIANOLA AVE Class B Retail (N) SUDSUCKERS 1511 E ARMY POST RD Class C Liquor (O) SUPER QUICK 2 1824 HUBBELL AVE Class E Liquor (P) TASTE! TO GO 322 E COURT AVE Class C Liquor (Q) TRIANGLE TAP 2506 POST ST Class C Liquor (R) WESLEY ACRES 3520 GRAND AVE Class F Retail SPECIAL EVENT APPLICATIONS (S) APRES BAR CO 304 15TH ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON DECEMBER 9, 2023. (T) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON DECEMBER 9, 2023. (U) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON DECEMBER 20, 2023. (V) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON DECEMBER 15 - 16, 2023. 2 12/4/2023  (W) TOP IT OFF LIQUID CATERING 1011 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR FLYNN WRIGHT HOLIDAY PARTY ON DECEMBER 16, 2023. 23-1675 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Cownie. 23-1676 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. PUBLIC IMPROVEMENTS 7. Ordering construction of the following: 23-1677 (A) Intelligent Transportation Systems Upgrade – Phase 4: Receiving of bids, (12-19-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $1,224,000. (Council Communication No. 23-529) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1678 (B) Walnut Street Bridge Replacement over the Des Moines River: Receiving of bids, (12- 19-23) and Setting date of hearing, (1-8-24), Engineer’s estimate, $19,846,988.10. (Council Communication No. 23-532) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Mandelbaum. 23-1679 (C) University Avenue – 39th Street to 48th Street Improvements: Receiving of bids, (1- 9-24) and Setting date of hearing, (2-5-24), Engineer’s estimate, $4,175,000. (Council Communication No. 23-530) Moved by Coleman to adopt and refer to the City Manager to make sure that the stormwater and reconstruction projects can be done in unison before the February 5, 2024 hearing date or delay the project. Second by Gatto. Motion Carried 7-0. 23-1680 (D) 2024 Neighborhood Sidewalk Program Contract 1: Receiving of bids, (1-9-24) and Setting date of hearing, (2-5-24), Engineer’s estimate, $2,100,000. (Council Communication No. 23-528) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1681 (E) Stone Park Improvements: Receiving of bids, (1-9-24) and Setting date of hearing, (1- 22-24), Engineer’s estimate, $2,425,000. (Council Communication No. 23-531) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1682 8. Accepting completed construction and approving final payment for 2022 City-wide Traffic Calming Improvements, Minturn, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 3 12/4/2023  SPECIAL ASSESSMENTS 23-1683 9. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2023-10. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS 23-1684 10. On conveyance of vacated north/south alley right-of-way located east of and adjoining 1261 Dixon Street to Cortez R. Nichols and Denise C. Nichols, $25, (12-18-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1685 11. On a request from Thirteen Fifty, LLC (Jake Sparks, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low-Medium Density Residential to Neighborhood Mixed Use and to rezone 1350 E. Washington Avenue from “NX2” Neighborhood Mix District to “MX1” Mixed Use District, to allow renovation and reuse of the existing building for a mix of uses, such as office space, a studio, a café, and an urban garden, (12-18-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1686 12. On a request from WC MRP Des Moines Center, LLC (Michaela Scott, Officer) for review and approval of a 2nd amendment to the Southdale PUD Conceptual Plan located at 4900 SE 14th Street, to allow the expansion of a retail use to include multiple outdoor storage and display areas, (12-18-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1687 13. On appeal of Bradley and Belinda McAninch (owner) on a denial of Type 2 Design Alternatives for a site plan on property located at 4700 SE 14th Street to allow waiver of Priority 1 Sidewalk installation along E. Herold Avenue and waiver of a building transparency requirement on the primary façade, (12-18-23). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 23-1688 14. Approving settlement and payment to Essence Welch. Moved by Mandelbaum to adopt and direct the City Manager to report back to Council on the status of the recommendations in the 21CP report. Second by Westergaard. Motion Carried 7-0. 4 12/4/2023  CITY MANAGER COMMUNICATIONS 23-1689 15. Submitting travel and training request for Connie Boesen. (Council Communication No. 23-547) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 23-1690 16. 28E Agreement between the City of West Des Moines, Polk County, Des Moines Municipal Housing Agency (DMMHA), and City of Des Moines for the Analysis of Impediments (AI) to Fair Housing. (Council Communication No. 23-536) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1691 17. Final terms of an Urban Renewal Development Agreement with Center at Sixth for the construction of a mixed-use project located at 1760 6th Avenue, Minimum Assessment Agreement and Conceptual Development Plan. (Council Communication No. 23-545) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1692 18. Fourth Amendment to the Urban Renewal Agreement with Nelson Development 1, LLC, to purchase and develop City-owned property at 418 E. Grand Avenue in the Metro Center Urban Renewal Area. (Council Communication No. 23-548) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Mandelbaum. 23-1693 19. Acceptance of the 2024 Violence Against Women grant award from the Iowa Department of Justice, Office of the Attorney General, Crime Victim Assistance Division, $21,446. (Council Communication No. 23-541) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1694 20. Operation and maintenance agreement with Des Moines Metro Disc Golf Club (DMMDGC) for Des Moines Disc Golf Courses. (Council Communication No. 23-540) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1695 21. Amendments to Schedule of Fees for fees collected by the City’s Development Services Department. (Council Communication No. 23-544) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1696 22. City Street Financial Report to Iowa Department of Transportation (IDOT) for fiscal year 2023. (Council Communication No. 23-539) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1697 23. Exception to Request for Proposals Process for good cause shown and approving Administrative Services Agreement and authorizing the City Manager to enter into and execute such agreement with Nationwide Retirement Solutions as the City’s exclusive deferred compensation provider through December 31, 2033. (Council Communication No. 23-535) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 12/4/2023 23-1698 24. Purchase from MacQueen Equipment (Dan Gage, President/CEO) of two (2) replacement street sweepers per Sourcewell Contract for use by the Public Works Department, $609,912.45. (Council Communication No. 23-534) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25. Abatement of public nuisances as follows: 23-1699 (A) 4105 15th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1700 (B) 1413 E. 16th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 23-1701 26. Authorizing Finance Director to draw checks on registers for the weeks of December 4 and 11, 2023; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of December 4 and 11, 2023; to draw checks for biweekly payroll due December 15, 2023. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 27 THRU 33) 23-1702 27. 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. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 23-1703 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 23-1704 (B) Final consideration of ordinance above, requires six votes. Moved by Coleman 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, #16,305. Second by Gatto. Motion Carried 7-0. 23-1705 28. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-1706 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 23-1707 (B) Final consideration of ordinance above (waiver requested by Ryan Francois, Manager, Rally Cap Properties, LLC), 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, #16,306. Second by Gatto. Motion Carried 7-0. 6 12/4/2023 23-1708 29. 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-1709 (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. 23-1710 (B) Final consideration of ordinance above, 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, #16,307. Second by Gatto. Motion Carried 7-0. 23-1711 30. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 23-1712 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 23-1713 (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, #16,308. Second by Gatto. Motion Carried 7-0. 23-1714 31. 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 23-1715 (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. 7 12/4/2023 23-1716 (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, #16,309. Second by Gatto. Motion Carried 7-0. 23-1717 32. On the proposed Third Amendment to the Urban Renewal Plan for the Oak Park-Highland Park Urban Renewal Area. (Council Communication No. 23-543) Moved by Westergaard to adopt. Second by Voss. Motion Carried 7-0. 23-1718 (A) First consideration of ordinance above repealing Ordinance 16,000 which established “Oak Park-Highland Park TIF District No. 3”. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 23-1719 (B) Final consideration of ordinance above (waiver requested by Cody Christensen, Development Services 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, #16,310. Second by Voss. Motion Carried 7-0. 23-1720 33. On 2nd Avenue Reconstruction from University to the Des Moines River: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Synergy Contracting, LLC (Jesse Rognes, President), $17,148,218.80. (Council Communication No. 23-527) Moved by Coleman to continue to the December 18, 2023 Council meeting. Second by Gatto. Motion Carried 7-0. 23-1721 (A) Approval of contract and bond. Moved by Coleman to continue to the December 18, 2023 Council meeting. Second by Gatto. Motion Carried 7-0. *****END HEARINGS AT 5:21 PM***** APPROVING II 23-1722 34. Receive and file the Public Works Stormwater Infrastructure Advisory Committee 2022 Annual Report. (Council Communication No. 23-542) Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. 8 12/4/2023 23-1723 35. Approval and adoption of the City of Des Moines Climate Action and Adaptation Plan (CAAP), ADAPT DSM. (Council Communication No. 23-546) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. ORDINANCES FIRST CONSIDERATION 23-1724 36. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 23-533) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 7-0. (A) Speed Limit Modification – E. Broadway Avenue from the west city limits to Hubbell Avenue. (B) Corner Clearance – E. 12th Street between Hull Avenue and Ovid Avenue and Tiffin Avenue between E. 9th Street and E. 13th Street. (C) Code Correction – E. 35th Street between Hull Avenue and E. Euclid Avenue. (D) Code Correction – E. 22nd Street between Hubbell Avenue and Elizabeth Avenue. 23-1725 (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, #16,311. Second by Westergaard. Motion Carried 7-0. COMMUNICATIONS/REPORTS 23-1726 37. Requests to speak as follows: Motion by Gatto to receive and file document from Harvey Harrison. Second by Voss. Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. (A) Hannah Hayes (B) Julie Burtnette (C) Adam Callanan (D) Luke Bascom (E) Denver Foote (F) Jacob Grobe (G) Tasida Barfoot (H) Marshall James (I) Samuel Hutchisson (J) Lu Hallmeyer (K) Chris Biagini (L) Ethan Lyon-Swackhammer – did not speak (M) Jon Knapp McAlister (N) Desirea Sol0 – did not speak (O) Luis Gomez 9 12/4/2023  (P) Josie Mulvihill – did not speak (Q) Samuel Harrington – did not speak (R) Harvey Harrison * (S) Carolyn Uhlenhake Walker (T) Michaelyn Mankel 23-1727 MOTION TO ADJOURN. Moved by Gatto to adjourn at 6:40 PM. Second by Westergaard. 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 10 12/4/2023