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City Council

Regular Meeting

Des Moines, IA · January 8, 2024

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 '24-' 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 January 8, 2024 5:00 PM I. CLOSED SESSION – 4:20 PM 24-0001 (A) Roll Call. Present: Boesen, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 24-0002 (B) Recess, and reconvene in closed session pursuant to Section 21.5, subsection 1, paragraph j, of the Iowa Code, to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property or reduce the price the governmental body would receive for that property. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0003 (C) Closed Session. 24-0004 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0005 (E) Motion to adjourn. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 6-0. 1 1/8/2024 Swearing in Ceremony 4:40 PM Connie Boesen, Mayor Carl Voss, At-Large Linda Westergaard, Ward II Joe Gatto, Ward IV 24-0006 1. ROLL CALL: Present: Boesen, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 24-0007 I Approving naming the building at 1200 Locust Street as the T.M. Franklin Cownie City Administration Building and waiving City Council Naming Policy. Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-0. 24-0008 II Amending the Procedural Rules of the City Council. Moved by Gatto to amend Rule 29 to add language to that amendment that any person wishing to speak to the consent agenda shall sign-up to speak with the City Clerk by 5PM on the Sunday preceding a regular Council meeting and direct the City Attorney to draft such amendment. Second by Coleman. Motion Carried 6-0. III Reappointment of the following: 24-0009 (A) City Manager. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0010 (B) City Attorney. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0011 (C) City Clerk. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0012 (D) Chief Deputy City Clerk and Deputy City Clerk. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0013 (E) Chief Deputy City Attorney, Deputy City Attorneys and Assistant City Attorneys. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0014 IV Recommendation of Mayor Boesen for appointment of Council Member Carl Voss as Mayor Pro Tem for Calendar Year 2024. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0015 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0016 3. APPROVING CONSENT AGENDA * – items 3 through 29: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Voss. 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. 2 1/8/2024 LICENSES AND PERMITS 24-0017 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. NEW APPLICATION (A) EASTGATE LAUNDROMAT 1424 E OVID AVE Special Class C (B) FUZZYS TACO SHOP 300 W MLK JR PKWY Class C Liquor RENEWAL APPLICATIONS (C) A DONG RESTAURANT 1511 HIGH ST Special Class C (D) BAILEYS PUB N GRUB 918 E EUCLID AVE Class C Liquor (E) CASEYS STORE #2641 2849 E EUCLID AVE Class B Retail (F) CASEYS STORE #2786 5150 E 14TH ST Class E Liquor (G) ESTRADAS 3029 MERLE HAY RD Class C Liquor (H) GIT N GO STORE #24 1142 42ND ST Class B Retail (I) GIT N GO STORE #27 1240 KEOSAUQUA WAY Class B Retail (J) HIGHLAND PARK 3712 2ND AVE Class F Retail (K) HOLIDAY INN EXPRESS 333 SW 11TH ST Class B Retail TH (L) HOMEGROWN CRESCENT 555 17 ST #102 Class C Liquor (M) HY VEE FOOD STORE #1 3330 MLK JR PKWY Class E Liquor (N) LA CABANA MEXICAN 1435 ARMY POST RD Class C Liquor (O) MLK LIQUOR LLC 3424 MLK JR PKWY Class E Liquor (P) MORTYS PLACE 2117 E UNIVERSITY AVE Class C Liquor (Q) PRIMOS TEX MEX 1140 E ARMY POST RD Class C Liquor (R) QUIK TRIP #544 3941 SE 14TH ST Class E Liquor (S) SHOP N SAVE #2 1372 E 14TH ST Class E Liquor (T) STAYBRIDGE SUITES 201 E LOCUST ST Class B Retail (U) STRIKING SPARROW 1930 SE 6TH ST Class C Liquor (V) TARGET STORE T-2041 5901 DOUGLAS AVE Class E Liquor (W) UNIVERSITY LIBRARY 3506 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATIONS (X) CHRISTIANIS EVENTS 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JANUARY 19, 2024. (Y) TANGERINE FOOD CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER EXPERIENCE ON JANUARY 18 - 20, 2024. 24-0018 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 3 1/8/2024 PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 24-0019 (A) 63rd Street Trail from SW McKinley Avenue to the Raccoon River: Receiving of bids, (1-23-24) and Setting date of hearing, (2-19-24), Engineer’s estimate, $1,722,000. (Council Communication No. 24-010) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0020 (B) Ingersoll Avenue Improvements from 28th Street to 31st Street: Receiving of bids, (1- 23-24) and Setting date of hearing, (2-5-24), Engineer’s estimate, $4,260,000. (Council Communication No. 24-005) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0021 (C) Woodland Cemetery Retaining Wall Replacement: Receiving of bids, (1-23-24) and Setting date of hearing, (2-19-24), Engineer’s estimate, $750,000. (Council Communication No. 24-011) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0022 (D) Union Park Rocket Slide Repair: Receiving of bids, (2-6-24) and Setting date of hearing, (2-19-24), Engineer’s estimate, $610,000. (Council Communication No. 24- 012) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0023 7. 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. 24-004) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0024 8. Approving exception to Request for Proposal process for good cause and approving a Professional Services Agreement with Kirkham Michael & Associates, Inc. for the Ingersoll Avenue Streetscape (31st Street to 35th Street) Project, not to exceed $396,730. (Council Communication No. 24-003) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0025 9. Approving Professional Services Agreement with Foth Infrastructure and Environment, LLC for E. Army Post Road Reconstruction (SE 14th Street to Indianola Avenue), not to exceed $488,000. (Council Communication No. 24-016) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 4 1/8/2024 10. Accepting completed construction and approving final payment for the following: 24-0026 (A) Pennsylvania Avenue Reconstruction from north of E. University Avenue to E. Washington Avenue, InRoads, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0027 (B) 2022 HMA Resurfacing Program Contract 1, OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0028 (C) Intelligent Transportation System Phase 2, Iowa Signal, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0029 (D) 2022 HMA Residential Paving Program Contract 1, Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0030 (E) 2022 HMA Residential Paving Program Contract 2 – LOSST, InRoads, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0031 (F) River Bend and King Irving Sewer Separation Phase 3A, Rognes Corp. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0032 (G) 2023 Sidewalk Replacement Program, B.T. Construction, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0033 (H) Drake Observatory Foundation Repair, Gruss Construction, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0034 (I) 6th Avenue Streetscape – College Avenue to University Avenue, Hawkeye Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. SPECIAL ASSESSMENTS 24-0035 11. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-01. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 12. Deletion of NAC – Emergency Assessments as follows: 24-0036 (A) 1176 Martin Luther King Jr. Parkway. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0037 (B) 1118 23rd Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 5 1/8/2024 LAND/PROPERTY TRANSACTIONS 24-0038 13. Approval of final subdivision plat and subdivision bond for Woods of Copper Creek Plat 6. (Council Communication No. 24-015) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-0039 14. Approving Connie Boesen as Primary and Chris Coleman as Alternate members to the Des Moines Area Regional Transit (DART) Authority for the calendar year 2024. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. 24-0040 15. Approving recommendation from Mayor Connie Boesen to appoint Whitney Baethke and reappoint Council Member Carl Voss and Assistant City Manager Malcolm Hankins to the Neighborhood Development Corporation (NDC) Board of Directors for the calendar year 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0041 16. Approving appointments to the Food Security Task Force. (Council Communication No. 24-020) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. COMMUNICATIONS FROM PLANNING AND ZONING 24-0042 17. Regarding a request from Neighborhood Development Corporation (Abbey Gilroy, Officer) for the following regarding 2211 University Avenue: vacation of approximately 40 square feet of air right-of-way on University Avenue to allow the encroachment of a proposed building awning; vacation of approximately 24 square feet of surface right-of-way on 22nd Street to allow the encroachment of a proposed building door swing; vacation of approximately 90 square feet of surface right-of-way on the western north/south alleyway adjoining the subject property to allow the encroachment of proposed trash enclosure gates; and vacation of approximately 1,761 square feet of subsurface right-of-way on 22nd Street, University Avenue, and the adjoining western north/south alleyway to allow the encroachment of proposed building footings. 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 Voss. Motion Carried 6-0. SETTING DATE OF HEARINGS 24-0043 18. On vacation of air and surface rights in a portion of 6 th Avenue right-of-way adjoining 3614 6th Avenue and conveyance of a Permanent Easement for Air Space Above City-owned Property and a Permanent Easement for Building Encroachment to 36 on 6th, LLC, $1,120, (1-22-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0044 19. On vacation of subsurface rights in a portion of 6th Avenue right-of-way in the vicinity of 1716 6th Avenue and conveyance of a Permanent Easement for Subsurface Building Encroachment on City-owned Property to Center at Sixth, $450, (1-22-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 6 1/8/2024 24-0045 20. On a request from MidAmerican Company (Terry L. Smith, Officer) and The District Developer, LLC (Tim Rypma, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Downtown Mixed Use to Public/Semi-Public, and to rezone multiple parcels located in the vicinity of 200 SE 2nd Street from Limited “DXR” and Limited “DX1” Downtown Districts to Limited “P2” Public, Civic, and Institutional District to allow the development of the space for a park and an accessory surface parking area, (1-22-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0046 21. On a request from Sundry Church (Anthony J. Hodges, Officer) to rezone 4112 6th Avenue from Limited “N3b” Neighborhood District to “N3b” Neighborhood District, to remove the zoning condition that requires at least one (1) off-street motor vehicle parking space located outside of the front yard area on any parcel that contains a one-household residential use, (1- 22-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0047 22. Approving payment to Michael Whitlatch. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. CITY MANAGER COMMUNICATIONS 24-0048 23. Submitting travel and training request for Connie Boesen. (Council Communication No. 24-018) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. APPROVING 24-0049 24. Acceptance of 2024 Justice Assistance Innovation Grant through the Office of Drug Control Policy, $8,245. (Council Communication No. 24-019) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0050 25. Authorizing bidding at Sheriff’s sale for 1401 E. 12th Street. (Council Communication No. 24-013) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0051 26. Grant application to the EMC Insurance Foundation for a six-month Mobile Integrated Healthcare pilot program through the Des Moines Fire Department. (Council Communication No. 24-021) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0052 27. Purchase from Henderson Products Inc. (John Sievert, President) of replacement snow and ice control equipment per Sourcewell Contract for use by the Public Works Department, $272,442. (Council Communication No. 24-007) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 7 1/8/2024 24-0053 28. Purchase from Housby Heavy Equipment Inc. (Kelly Housby, CEO) of one (1) replacement tracked excavator per Sourcewell Contract for use by the Public Works Department, $227,279. (Council Communication No. 24-006) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0054 29. Authorizing Finance Director to draw checks on registers for the weeks of January 8 and 15, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 8 and 15, 2024; to draw checks for biweekly payroll due January 12, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 30 THRU 39) 24-0055 30. On vacation of an L-shaped alley right-of-way located in the block bounded by Kirkwood Avenue to the north, Lacona Avenue to the south and Courtland Drive to the east, and conveyance to various adjoining property owners. Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-0. 24-0056 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 6-0. 24-0057 31. On vacation of approximately 180 feet of the north-south alley right-of-way extending south from Carpenter Avenue between 24th Street and 25th Street and conveyance to Merge, LLC for $23,200, and acceptance of a Permanent Easement for Public Ingress and Egress. Moved by Coleman to adopt. Second by Westergaard. Motion Carried 6-0. 24-0058 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 6-0. 24-0059 32. On vacation of a dead-end section of alley right-of-way located in the block bounded by E. Oak Park Avenue to the north, E. Ovid Avenue to the south and York Street to the east, and conveyance to adjoining property owners. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-0. 24-0060 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-0. 24-0061 (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, #16,315. Second by Gatto. Motion Carried 6-0. 8 1/8/2024 24-0062 33. On release and replacement of a permanent underground electric line easement in City property located at 1553 Maury Street to MidAmerican Energy Company for the new City of Des Moines greenhouse facility. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 6-0. 24-0063 34. On a request from City of Des Moines to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low-Medium Density Residential to Public/Semi-Public and to rezone multiple parcels located in the vicinity of 1907 Clark Street from “NX1” Neighborhood Mix District to “P2” Public, Civic, and Institutional District to allow the construction of a new Fire Station (Des Moines Fire Department Station #4) building. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. 24-0064 (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 6- 0. 24-0065 (B) Final consideration of ordinance above (waiver requested by Ann Sobiech Munson, City Architect), 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, #16,316. Second by Gatto. Motion Carried 6-0. 24-0066 35. 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, and to continue to January 22, 2024. Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-0. 24-0067 36. On 2024 Riverwalk Improvements – Paver Replacement: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Alpha Landscapes LLC (Riley Marvin, Owner), $447,870. (Council Communication No. 24-008) Moved by Mandelbaum to adopt and to amend to allow the City Manager to fund as appropriate in the budget. Second by Voss. Motion Carried 6-0. 24-0068 (A) Approval of contract and bond. Moved by Mandelbaum to adopt and to amend to allow the City Manager to fund as appropriate in the budget. Second by Voss. Motion Carried 6-0. 9 1/8/2024 24-0069 37. On 2024 Sewer Repair 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 Absolute Concrete Construction, Inc. d/b/a Absolute Group (Sonny Hall, President), $745,518.70. (Council Communication No. 24-001) Moved by Gatto to adopt. Second by Westergaard. Motion Carried 6-0. 24-0070 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 6-0. 24-0071 38. On Intelligent Transportation Systems Upgrade – Phase 4: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Iowa Signal, Inc. (Wayne Lesley, President), $991,856.24. (Council Communication No. 24-002) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0072 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0073 39. On Walnut Street Bridge Replacement over 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 Cramer and Associates, Inc. (Robert Cramer, President/CAO), $19,116,030.20. (Council Communication No. 24-009) Moved by Gatto to adopt. Second by Coleman. Motion Carried 4-2. Nays: Mandelbaum and Voss. 24-0074 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Coleman. Motion Carried 4-2. Nays: Mandelbaum and Voss. ****END HEARINGS AT 5:28 PM**** 10 1/8/2024 ORDINANCES FIRST CONSIDERATION 40. Amending Chapters 26 and 46 of the Municipal Code to adopt the 2021 editions of the International Building Code, International Residential Code, International Existing Building Code and International Fire Code: (Council Communication No. 24-014) 24-0075 (A) Amending Chapter 26 of the Municipal Code relating to buildings and building regulations. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Refer to staff to evaluate the use of point access blocks in the future. Second by Coleman. Motion Carried 6-0. 24-0076 (1) 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, #16,317. Second by Coleman. Motion Carried 6-0. 24-0077 (B) Amending Chapter 46 of the Municipal Code relating to fire prevention and protection. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Refer to staff to evaluate the use of point access blocks in the future. Second by Coleman. Motion Carried 6-0. 24-0078 (1) 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, #16,318. Second by Coleman. Motion Carried 6-0. 11 1/8/2024 COMMUNICATIONS/REPORTS 24-0079 41. Requests to speak as follows: Moved by Gatto to receive and file. Second by Mandelbaum. Motion Carried 6-0. (A) Adam Callanan (B) Lu Hallmeyer – did not speak. (C) Chris Biagini – did not speak. (D) Tanja Garrison (E) Harvey Harrison (F) John Noble (G) Carrie Gosnell (H) Josie Mulvihill – did not speak. (I) Denver Foote – did not speak. (J) Elizabeth Doerrfeld – did not speak. (K) Thomas Mbutshu - Sarah Hilgenberg with Lutheran Services of Iowa spoke on behalf of client. 24-0080 MOTION TO ADJOURN. Moved by Boesen to adjourn at 5:58 PM. Motion Carried 6-0. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 12 1/8/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 January 8, 2024 5:00 PM I. CLOSED SESSION – 4:20 PM (A) Roll Call. (B) Recess, and reconvene in closed session pursuant to Section 21.5, subsection 1, paragraph j, of the Iowa Code, to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property or reduce the price the governmental body would receive for that property. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. Swearing in Ceremony 4:40 PM Connie Boesen, Mayor Carl Voss, At-Large Linda Westergaard, Ward II Joe Gatto, Ward IV 1. ROLL CALL: I Approving naming the building at 1200 Locust Street as the T.M. Franklin Cownie City Administration Building and waiving City Council Naming Policy. II Amending the Procedural Rules of the City Council. III Reappointment of the following: (A) City Manager. (B) City Attorney. (C) City Clerk. (D) Chief Deputy City Clerk and Deputy City Clerk. (E) Chief Deputy City Attorney, Deputy City Attorneys and Assistant City Attorneys. 1 IV Recommendation of Mayor Boesen for appointment of Council Member Carl Voss as Mayor Pro Tem for Calendar Year 2024. 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 29: *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: NEW APPLICATION (A) EASTGATE LAUNDROMAT 1424 E OVID AVE Special Class C (B) FUZZYS TACO SHOP 300 W MLK JR PKWY Class C Liquor RENEWAL APPLICATIONS (C) A DONG RESTAURANT 1511 HIGH ST Special Class C (D) BAILEYS PUB N GRUB 918 E EUCLID AVE Class C Liquor (E) CASEYS STORE #2641 2849 E EUCLID AVE Class B Retail (F) CASEYS STORE #2786 5150 E 14TH ST Class E Liquor (G) ESTRADAS 3029 MERLE HAY RD Class C Liquor (H) GIT N GO STORE #24 1142 42ND ST Class B Retail (I) GIT N GO STORE #27 1240 KEOSAUQUA WAY Class B Retail (J) HIGHLAND PARK 3712 2ND AVE Class F Retail (K) HOLIDAY INN EXPRESS 333 SW 11TH ST Class B Retail TH (L) HOMEGROWN CRESCENT 555 17 ST #102 Class C Liquor (M) HY VEE FOOD STORE #1 3330 MLK JR PKWY Class E Liquor (N) LA CABANA MEXICAN 1435 ARMY POST RD Class C Liquor (O) MLK LIQUOR LLC 3424 MLK JR PKWY Class E Liquor (P) MORTYS PLACE 2117 E UNIVERSITY AVE Class C Liquor (Q) PRIMOS TEX MEX 1140 E ARMY POST RD Class C Liquor (R) QUIK TRIP #544 3941 SE 14TH ST Class E Liquor (S) SHOP N SAVE #2 1372 E 14TH ST Class E Liquor (T) STAYBRIDGE SUITES 201 E LOCUST ST Class B Retail (U) STRIKING SPARROW 1930 SE 6TH ST Class C Liquor (V) TARGET STORE T-2041 5901 DOUGLAS AVE Class E Liquor (W) UNIVERSITY LIBRARY 3506 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATIONS (X) CHRISTIANIS EVENTS 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JANUARY 19, 2024. 2 (Y) TANGERINE FOOD CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER EXPERIENCE ON JANUARY 18 - 20, 2024. 5. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 6. Ordering construction of the following: (A) 63rd Street Trail from SW McKinley Avenue to the Raccoon River: Receiving of bids, (1-23-24) and Setting date of hearing, (2-19-24), Engineer’s estimate, $1,722,000. (Council Communication No. 24-010) (B) Ingersoll Avenue Improvements from 28th Street to 31st Street: Receiving of bids, (1- 23-24) and Setting date of hearing, (2-5-24), Engineer’s estimate, $4,260,000. (Council Communication No. 24-005) (C) Woodland Cemetery Retaining Wall Replacement: Receiving of bids, (1-23-24) and Setting date of hearing, (2-19-24), Engineer’s estimate, $750,000. (Council Communication No. 24-011) (D) Union Park Rocket Slide Repair: Receiving of bids, (2-6-24) and Setting date of hearing, (2-19-24), Engineer’s estimate, $610,000. (Council Communication No. 24-012) 7. 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. 24-004) 8. Approving exception to Request for Proposal process for good cause and approving a Professional Services Agreement with Kirkham Michael & Associates, Inc. for the Ingersoll Avenue Streetscape (31st Street to 35th Street) Project, not to exceed $396,730. (Council Communication No. 24-003) 3 9. Approving Professional Services Agreement with Foth Infrastructure and Environment, LLC for E. Army Post Road Reconstruction (SE 14th Street to Indianola Avenue), not to exceed $488,000. (Council Communication No. 24-016) 10. Accepting completed construction and approving final payment for the following: (A) Pennsylvania Avenue Reconstruction from north of E. University Avenue to E. Washington Avenue, InRoads, LLC. (B) 2022 HMA Resurfacing Program Contract 1, OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. (C) Intelligent Transportation System Phase 2, Iowa Signal, Inc. (D) 2022 HMA Residential Paving Program Contract 1, Grimes Asphalt and Paving Corporation. (E) 2022 HMA Residential Paving Program Contract 2 – LOSST, InRoads, LLC. (F) River Bend and King Irving Sewer Separation Phase 3A, Rognes Corp. (G) 2023 Sidewalk Replacement Program, B.T. Construction, LLC. (H) Drake Observatory Foundation Repair, Gruss Construction, LLC. (I) 6th Avenue Streetscape – College Avenue to University Avenue, Hawkeye Paving Corporation. SPECIAL ASSESSMENTS 11. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-01. 12. Deletion of NAC – Emergency Assessments as follows: (A) 1176 Martin Luther King Jr. Parkway. (B) 1118 23rd Street. 4 LAND/PROPERTY TRANSACTIONS 13. Approval of final subdivision plat and subdivision bond for Woods of Copper Creek Plat 6. (Council Communication No. 24-015) BOARDS/COMMISSIONS/NEIGHBORHOODS 14. Approving Connie Boesen as Primary and Chris Coleman as Alternate members to the Des Moines Area Regional Transit (DART) Authority for the calendar year 2024. 15. Approving recommendation from Mayor Connie Boesen to appoint Whitney Baethke and reappoint Council Member Carl Voss and Assistant City Manager Malcolm Hankins to the Neighborhood Development Corporation (NDC) Board of Directors for the calendar year 2024. 16. Approving appointments to the Food Security Task Force. (Council Communication No. 24-020) COMMUNICATIONS FROM PLANNING AND ZONING 17. Regarding a request from Neighborhood Development Corporation (Abbey Gilroy, Officer) for the following regarding 2211 University Avenue: vacation of approximately 40 square feet of air right-of-way on University Avenue to allow the encroachment of a proposed building awning; vacation of approximately 24 square feet of surface right-of- way on 22nd Street to allow the encroachment of a proposed building door swing; vacation of approximately 90 square feet of surface right-of-way on the western north/south alleyway adjoining the subject property to allow the encroachment of proposed trash enclosure gates; and vacation of approximately 1,761 square feet of subsurface right-of- way on 22nd Street, University Avenue, and the adjoining western north/south alleyway to allow the encroachment of proposed building footings. SETTING DATE OF HEARINGS 18. On vacation of air and surface rights in a portion of 6th Avenue right-of-way adjoining 3614 6th Avenue and conveyance of a Permanent Easement for Air Space Above City- owned Property and a Permanent Easement for Building Encroachment to 36 on 6th, LLC, $1,120, (1-22-24). 19. On vacation of subsurface rights in a portion of 6th Avenue right-of-way in the vicinity of 1716 6th Avenue and conveyance of a Permanent Easement for Subsurface Building Encroachment on City-owned Property to Center at Sixth, $450, (1-22-24). 5 20. On a request from MidAmerican Company (Terry L. Smith, Officer) and The District Developer, LLC (Tim Rypma, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Downtown Mixed Use to Public/Semi-Public, and to rezone multiple parcels located in the vicinity of 200 SE 2nd Street from Limited “DXR” and Limited “DX1” Downtown Districts to Limited “P2” Public, Civic, and Institutional District to allow the development of the space for a park and an accessory surface parking area, (1-22-24). 21. On a request from Sundry Church (Anthony J. Hodges, Officer) to rezone 4112 6th Avenue from Limited “N3b” Neighborhood District to “N3b” Neighborhood District, to remove the zoning condition that requires at least one (1) off-street motor vehicle parking space located outside of the front yard area on any parcel that contains a one-household residential use, (1-22-24). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 22. Approving payment to Michael Whitlatch. CITY MANAGER COMMUNICATIONS 23. Submitting travel and training request for Connie Boesen. (Council Communication No. 24-018) APPROVING 24. Acceptance of 2024 Justice Assistance Innovation Grant through the Office of Drug Control Policy, $8,245. (Council Communication No. 24-019) 25. Authorizing bidding at Sheriff’s sale for 1401 E. 12th Street. (Council Communication No. 24-013) 26. Grant application to the EMC Insurance Foundation for a six-month Mobile Integrated Healthcare pilot program through the Des Moines Fire Department. (Council Communication No. 24-021) 6 27. Purchase from Henderson Products Inc. (John Sievert, President) of replacement snow and ice control equipment per Sourcewell Contract for use by the Public Works Department, $272,442. (Council Communication No. 24-007) 28. Purchase from Housby Heavy Equipment Inc. (Kelly Housby, CEO) of one (1) replacement tracked excavator per Sourcewell Contract for use by the Public Works Department, $227,279. (Council Communication No. 24-006) 29. Authorizing Finance Director to draw checks on registers for the weeks of January 8 and 15, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 8 and 15, 2024; to draw checks for biweekly payroll due January 12, 2024. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 30 THRU 39) 30. On vacation of an L-shaped alley right-of-way located in the block bounded by Kirkwood Avenue to the north, Lacona Avenue to the south and Courtland Drive to the east, and conveyance to various adjoining property owners. (A) First consideration of ordinance above. 31. On vacation of approximately 180 feet of the north-south alley right-of-way extending south from Carpenter Avenue between 24th Street and 25th Street and conveyance to Merge, LLC for $23,200, and acceptance of a Permanent Easement for Public Ingress and Egress. (A) First consideration of ordinance above. 32. On vacation of a dead-end section of alley right-of-way located in the block bounded by E. Oak Park Avenue to the north, E. Ovid Avenue to the south and York Street to the east, and conveyance to adjoining property owners. (A) First consideration of ordinance above. 33. On release and replacement of a permanent underground electric line easement in City property located at 1553 Maury Street to MidAmerican Energy Company for the new City of Des Moines greenhouse facility. 7 34. On a request from City of Des Moines to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low-Medium Density Residential to Public/Semi-Public and to rezone multiple parcels located in the vicinity of 1907 Clark Street from “NX1” Neighborhood Mix District to “P2” Public, Civic, and Institutional District to allow the construction of a new Fire Station (Des Moines Fire Department Station #4) building. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Ann Sobiech Munson, City Architect), requires six votes. 35. 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, and to continue to January 22, 2024. 36. On 2024 Riverwalk Improvements – Paver Replacement: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Alpha Landscapes LLC (Riley Marvin, Owner), $447,870. (Council Communication No. 24-008) (A) Approval of contract and bond. 37. On 2024 Sewer Repair 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 Absolute Concrete Construction, Inc. d/b/a Absolute Group (Sonny Hall, President), $745,518.70. (Council Communication No. 24-001) (A) Approval of contract and bond. 38. On Intelligent Transportation Systems Upgrade – Phase 4: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Iowa Signal, Inc. (Wayne Lesley, President), $991,856.24. (Council Communication No. 24-002) (A) Approval of contract and bond. 8 39. On Walnut Street Bridge Replacement over 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 Cramer and Associates, Inc. (Robert Cramer, President/CAO), $19,116,030.20. (Council Communication No. 24-009) (A) Approval of contract and bond. ****END HEARINGS AT _________________PM**** ORDINANCES FIRST CONSIDERATION 40. Amending Chapters 26 and 46 of the Municipal Code to adopt the 2021 editions of the International Building Code, International Residential Code, International Existing Building Code and International Fire Code: (Council Communication No. 24-014) (A) Amending Chapter 26 of the Municipal Code relating to buildings and building regulations. (B) Amending Chapter 46 of the Municipal Code relating to fire prevention and protection. COMMUNICATIONS/REPORTS 41. Requests to speak as follows: (A) Adam Callanan (B) Lu Hallmeyer (C) Chris Biagini (D) Tanja Garrison (E) Harvey Harrison (F) John Noble (G) Carrie Gosnell (H) Josie Mulvihill (I) Denver Foote (J) Elizabeth Doerrfeld (K) Thomas Mbutshu MOTION TO ADJOURN. 9 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

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