Muyni
← Back to Des Moines

City Council

Regular Meeting

Des Moines, IA · February 19, 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 February 19, 2024 5:00 PM I. CLOSED SESSION – 3:30 PM 24-0218 (A) Roll Call. Present: Boesen, Voss, Westergaard and Gatto. Absent: Coleman and Mandelbaum. Council Member Mandelbaum entered the meeting during item C at 3:39 PM. Council Member Coleman entered the meeting by phone at 3:46 PM during item C. 24-0219 (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. Moved by Gatto to adopt. Second by Voss. Motion Carried upon roll call 4-2. Absent: Coleman and Mandelbaum. 24-0220 (C) Closed Session. 24-0221 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 1 2/19/2024 24-0222 (E) Motion to adjourn. Moved by Westergaard to adjourn at 4:48 PM. Second by Gatto. Motion Carried 6-0. * * * * * * * * * * * * * * * * * * * * * * * * 24-0223 1. ROLL CALL: Present: Boesen, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Coleman participated in the meeting by telephone. 24-0224 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0225 3. APPROVING CONSENT AGENDA * – items 3 through 41: 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. LICENSES AND PERMITS 24-0226 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Council Member Gatto declares a conflict of interest and abstains from voting on item E. NEW APPLICATIONS (A) DM BIERGARTEN 2251 GEORGE FLAGG Special Class C (B) EL TOREADO 2 4521 FLEUR DR Class C Liquor (C) SHOP DSM, THE 901 CHERRY ST Class C Liquor RENEWAL APPLICATIONS (D) ANNIES IRISH PUB 204 3RD ST Class C Liquor *(E) BARATTAS RESTAURANT 7401 SW 9TH ST Class C Liquor (F) BB & BISTRO/OTTS 4121 SE 14TH ST #B Class C Liquor (G) CASH SAVER #34 4121 FLEUR DR Class E Liquor (H) CENTRAL CITY LIQUOR 1460 2ND AVE Class E Liquor (I) DES MOINES YACHT CLUB 2617 INGERSOLL AVE Class C Liquor (J) DISTRICT 212 4TH ST Class C Liquor (K) ERNIES BOONDOCK 440 E GRAND AVE Class C Liquor (L) ESCAPE CHAMBERS 338 SW 6TH ST Class C Liquor (M) GATEWAY MARKET MLK 2002 WOODLAND AVE Class C Liquor (N) H & A MINI MART 5901 FLEUR DR Class E Liquor (O) HAMPTON INN 5001 FLEUR DR Class B Retail (P) INGERSOLL LIQUOR 3500 INGERSOLL AVE Class E Liquor (Q) MACCABEES 1150 POLK BLVD Class B Retail 2 2/19/2024 (R) SIMONS 5800 FRANKLIN AVE Class C Liquor (S) WASABI CHI 5418 DOUGLAS AVE Class C Liquor (T) WEST END LOUNGE 2309 FOREST AVE Class C Liquor (U) WOOLYS 504 E LOCUST ST Class C Liquor SPECIAL EVENT APPLICATIONS (V) DES MOINES ARTS FESTIVAL 120 E 5TH ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR REVEAL ON MARCH 7, 2024. (W) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON FEBRUARY 23, 2024. (X) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR HOLIDAY PARTY ON FEBRUARY 24, 2024. 24-0227 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 5-1. Nays: Voss. 24-0228 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. PUBLIC IMPROVEMENTS 7. Ordering construction of the following: 24-0229 (A) Border Street Rehabilitation from 80th Avenue to 85th Avenue: Receiving of bids, (3- 5-24) and Setting date of hearing, (4-1-24), Engineer’s estimate, $370,000. (Council Communication No. 24-078) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0230 (B) Levee Trail Reconstruction from North Valley Drive to 63rd Street: Receiving of bids, (3-5-24) and Setting date of hearing, (4-1-24), Engineer’s estimate, $450,000. (Council Communication No. 24-073) Moved by Gatto to adopt; receive and file comments and refer to the City Engineering and Parks and Recreation Departments to inspect the sections of trail presented. Second by Voss. Motion Carried 6-0. 24-0231 8. Approving and authorizing the execution of an addendum to the Iowa Department of Transportation (IDOT) agreement for the Central Place Levee Trail Phase 1 Project. (Council Communication No. 24-074) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 3 2/19/2024 24-0232 9. Acceptance of a proposal from MidAmerican Energy Company to install streetlights on Broadway Avenue from 2nd Avenue to Hubbell Avenue, estimated at $295,551.61. (Council Communication No. 24-068) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0233 10. Approval of an agreement between the City of Des Moines and the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) for the Ingersoll Run Outlet, Phase 28, Segment 2 Project. (Council Communication No. 24-077) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0234 11. Approving Chapter 28E Agreement with Warren County for a public improvement project, Border Street Rehabilitation from 80th Avenue to 85th Avenue. (Council Communication No. 24-072) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0235 12. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with HR Green, Inc. for Intelligent Transportation Systems (ITS) Master Plan Integration – Phase 5, not to exceed $206,500. (Council Communication No. 24-076) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0236 13. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with Bolton & Menk, Inc. for design services for the Sayers Park Sprayground Design, not to exceed $114,500. (Council Communication No. 24-079) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0237 14. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Kirkham Michael, Inc. for additional professional services for the 2023 Neighborhood Sidewalk Program, not to exceed $118,000. (Council Communication No. 24-070) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0238 15. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with Bolton & Menk, Inc. for additional professional services for Western Gateway Water Feature Improvements, not to exceed $126,000. (Council Communication No. 24-071) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0239 16. Accepting completed construction and approving final payment for E. 2nd Street Reconstruction from E. Court Avenue to Iowa Interstate Railroad, Jasper Construction Services Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. SPECIAL ASSESSMENTS 24-0240 17. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-02. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0241 18. Deletion of rental inspection assessment at 4220 Ingersoll Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 4 2/19/2024 LAND/PROPERTY TRANSACTIONS 24-0242 19. Approving 65 tax abatement applications for work completed in 2023. (Council Communication No. 24-080) Moved by Gatto to adopt and to approve the applications for the total number of years in the applicable exemption schedule, with the schedule to commence with the taxes payable in FY2023/24. Second by Voss. Motion Carried 6-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-0243 20. Appointing City’s representatives and alternate representatives to the Polk County Emergency Management Commission. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0244 20-I Recommendation from Council Member Mandelbaum to reappoint Evan Shaw to the Historic Preservation Committee, Seat 9, for a three-year term expiring October 18, 2026. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. SETTING DATE OF HEARINGS 24-0245 21. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,910,000, (3-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0246 21-I On entering into a Waiver of Distance Separation Easement Agreement with and conveying a Waiver of Distance Separation Easement to the Des Moines Metropolitan Wastewater Reclamation Authority and acknowledgement by Des Moines Regional Transit Authority on property located at 3500 Vandalia Road, $1, (3-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0247 22. On vacation of air, surface and subsurface rights within portions of alley, University Avenue and 22nd Street right-of-way adjoining 2211 University Avenue and conveyance of a Permanent Easement for Air Space Above City-owned Property, a Permanent Easement for Subsurface Building Encroachment on City-owned Property, and a Permanent Easement for Building Encroachment to Neighborhood Development Corporation, $2,710, (3-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0248 23. On vacation and conveyance of City-owned property located at 3312 8th Street to City of Des Moines Municipal Housing Agency, (3-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 5 2/19/2024 24-0249 24. On a request from ABC Partners, LP and Army Post Development, LC (Richard Margulies, Officer) for review and approval of a 3rd amendment to the Airport Business Park Phase II PUD Conceptual Plan for multiple parcels located in the vicinity of 3701 Gannett Avenue to allow the use of metal siding, cladding, and roofing materials, (3-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0250 25. On the proposition of the issuance of not to exceed $250,000 Stormwater Management Utility Revenue Capital Loan Notes (subordinate) and providing for publication of notice thereof, (4-1-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0251 26. On approval of the 2023 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER), (3-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0252 27. Authorizing and approving retention of Steven Pace, Kelly Cwiertny and the Shuttleworth and Ingersoll Law Firm on environmental issues. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0253 28. Approving payment to Golf Cars of Iowa for a property claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0254 29. Approving payment to Wesley and Rhonda Hosler for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0255 30. Approving payment in settlement to Peach Wise for a property damage and personal injury lawsuit. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. APPROVING 24-0256 31. Resolution accepting development proposal from Gold Cap Development, Sidekick Development and Wade Investments and directing staff to negotiate preliminary terms of an Urban Renewal Development Agreement for the development of the City-owned site at 401 Robert D. Ray Drive. (Council Communication No. 24-081) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0257 32. Preliminary terms of an Urban Renewal Development Agreement with Kemin Industries, Inc. for the construction of a 320,000 square-foot warehouse at 606 SE 23rd Street, directly adjacent to their current headquarters. (Council Communication No. 24-063) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 6 2/19/2024 24-0258 33. Preliminary terms of an Urban Renewal Development Agreement with Townhall Associates LP for the historic renovation of 1601 6th Avenue into a mixed-use residential and commercial development, and the new construction of a mixed-use residential and commercial building at 1605,1609 and 1619 6th Avenue. (Council Communication No. 24- 064) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. 24-0259 34. Agreement with Greater Des Moines Public Art Foundation regarding Temple Chess & Poetry Garden. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0260 35. Agreement with AFSCME, Council 61, and its Affiliated Local 3673 for the period July 1, 2024 through June 30, 2025. (Council Communication No. 24-061) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0261 36. Agreement with the Des Moines Police Gold Braid Organization (GBO) for the period of July 1, 2024 through June 30, 2025. (Council Communication No. 24-060) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0262 37. Communication from the Greater Des Moines Partnership on behalf of the Iowa State Fair requesting approval of placement for up to 25 banners to be displayed on banner poles in downtown Des Moines beginning July 1, 2024. Moved by Gatto to receive, file and approve. Second by Voss. Motion Carried 6-0. 38. Abatement of public nuisances as follows: 24-0263 (A) 4904 Sawyers Drive. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0264 (B) 1427 5th Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0265 (C) 200 Euclid Avenue. Moved by Westergaard to continue to the April 15, 2024 Council meeting. Second by Gatto. Motion Carried 6-0. 24-0266 39. Purchase from AP/M Permaform (sole area wide distributor) of portable sewer rehabilitation equipment and trailer for use by the Sewers Division of the Department of Public Works, $140,200. (Council Communication No. 24-059) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0267 40. Authorizing Finance Director to draw checks on registers for the weeks of February 19 and 26, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of February 19 and 26, 2024; to draw checks for biweekly payroll due February 23, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 7 2/19/2024 ORDINANCES - FINAL CONSIDERATION 24-0268 41. Amending Chapter 114, Division 2 of the Municipal Code regarding the duties and member composition of the Transportation Safety Committee. Moved by Gatto that this ordinance do now pass, #16,330. Second by Voss. Motion Carried 6-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 42 THRU 52) 24-0269 42. On vacation of a portion of the Masonic Temple Cemetery, located southwest and interior to the intersection of 48th Street and Franklin Avenue, and conveyance to ChildServe Habilitation Center, Inc. for the purchase price of $600,000. (Council Communication No. 24-082) Moved by Coleman to adopt. Second by Voss. Motion Carried 6-0. 24-0270 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 24-0271 43. On a request from Juan’s Auto Repair, LLC (Juan Lopez, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park within a Regional Node to Community Mixed Use within a Regional Node, and to rezone the property located at 1660 E. Army Post Road from “EX” Mixed Use District to “CX” Mixed Use District, to allow construction of a new auto body repair shop. Moved by Gatto to continue to the March 4, 2024 Council meeting. Second by Voss. Motion Carried 6-0. WITHDRAWN 24-0272 (A) First consideration of ordinance above. WITHDRAWN 24-0273 (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 8 2/19/2024 24-0274 44. On a request from Elim Christian Fellowship of Des Moines (Michael K. Hurst, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Public/Semi-Public to Downtown Mixed Use and to rezone the property located at 525 E. 9th Street from “P2” Public, Civic, and Institutional District to “DXR” Downtown District, to allow renovation of an existing church building for a school and multiple-household residential use. Moved by Voss to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0275 (A) First consideration of ordinance above. Moved by Voss that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 6-0. 24-0276 (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. Moved by Voss 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, #16,331. Second by Mandelbaum. Motion Carried 6-0. 24-0277 45. 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 Business Park to Industrial and to rezone the property located in the vicinity of 3500 Vandalia Avenue from “EX” Mixed Use District to “I2” Industrial District to allow the development of a vehicle storage, maintenance, and operation facility for the Des Moines Area Regional Transit Authority (DART). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0278 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 6-0. 24-0279 (B) Final consideration of ordinance above (waiver requested by Cody Christensen, Development Services Director), 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, #16,332. Second by Mandelbaum. Motion Carried 6-0. 9 2/19/2024 24-0280 46. On request from IA9 Des Moines, LLC (Bryan Slama, 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 Business Park within a Neighborhood Node, and to rezone three (3) parcels located in the vicinity of 1475 Hart Avenue, from “N1a” Neighborhood District to Limited “EX” Mixed Use District to allow the development of self-storage and/or flex warehouse buildings, where no individual storage unit shall be less than 600 square feet in area and continuing to the March 4, 2024 Council meeting. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. WITHDRAWN 24-0281 (A) First consideration of ordinance above. WITHDRAWN 24-0282 (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 24-0283 47. Dismissing hearing on a request Clayton Enterprises (George Michael Clayton, Officer) 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 for property located at 1726 Oakland Avenue to allow three (3) additional dwelling units within the existing building, which would cause the net density of the property to be greater than 17 dwelling units per acre. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. 24-0284 48. On approval of form and authorizing execution of a lease with 1901 Bell Ave, LLC for use of 4,200 square feet of warehouse space located at 1901 Bell Avenue by the Police Department for storage of impounded vehicles. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. 24-0285 49. On 2024 Neighborhood Sidewalk Program Contract 2: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $510,574. (Council Communication No. 24-065) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0286 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0287 50. On 63rd Street Trail from SW McKinley Avenue to the Raccoon River: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Corell Contractor, Inc. (Grant S. Corell, President), $1,353,557.76. (Council Communication No. 24-069) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 24-0288 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 10 2/19/2024 24-0289 51. On Union Park Rocket Slide Repair: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Cushman Excavating, LLC (Chad Cushman, Manager), $581,657.62. (Council Communication No. 24-066) Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-0. 24-0290 (A) Approval of contract and bond. Moved by Westergaard to adopt. Second by Voss. Motion Carried 6-0. 24-0291 52. On Woodland Cemetery Retaining Wall Replacement: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Miner Hardscape, LLC (Matthew J. Miner, Owner), $601,232. (Council Communication No. 24-067) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. 24-0292 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. ****END HEARINGS AT 5:23 PM**** ORDINANCES - FIRST CONSIDERATION 24-0293 53. Amending Chapter 46 of the Municipal Code relating to amendments and additions to the requirements contained in the 2021 edition of the International Fire Code (IFC). (Council Communication No. 24-058) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 24-0294 (A) Final consideration of ordinance above (waiver requested by John TeKippe, Fire Chief), 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, #16,333. Second by Voss. Motion Carried 6-0. 11 2/19/2024 24-0295 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-075) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. (A) Parking modifications – Golf House Drive between Echo Valley Drive and the south city limits. (B) Parking modifications – Harriet Street from SE 14th Street to SE 15th Street. (C) Parking restrictions within dead ends: (1) Jerlynn Avenue between North Union Street and E. 10th Street. (2) Sampson Street between Cleveland Avenue and E. Washington Avenue. (D) Code correction – E. 17th Street at E. University Avenue. (E) Code corrections – misspelled or omitted words: (1) State Avenue at E. 24th Street. (2) E. Walnut Street between E. 18th Street and E. 30th Street. 24-0296 (F) 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, #16,334. Second by Voss. Motion Carried 6-0. COMMUNICATIONS/REPORTS 24-0297 55. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 6-0. (A) Lu Hallmeyer – Did not speak. (B) Annie Sarcone (C) Adam Callanan (D) Cody Dolinsek (E) Abby Bankes (F) Ren Mattson (G) Luis Gomez (H) Steve Sarcone – Did not speak. (I) Michaelyn Mankel – Did not speak. (J) Jacey Van Roekel 24-0298 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:46 PM. Second by Westergaard. 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 12 2/19/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 February 19, 2024 5:00 PM I. CLOSED SESSION – 3:30 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. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. * * * * * * * * * * * * * * * * * * * * * * * * 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 41: *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: NEW APPLICATIONS (A) DM BIERGARTEN 2251 GEORGE FLAGG Special Class C (B) EL TOREADO 2 4521 FLEUR DR Class C Liquor (C) SHOP DSM, THE 901 CHERRY ST Class C Liquor RENEWAL APPLICATIONS (D) ANNIES IRISH PUB 204 3RD ST Class C Liquor (E) BARATTAS RESTAURANT 7401 SW 9TH ST Class C Liquor (F) BB & BISTRO/OTTS 4121 SE 14TH ST #B Class C Liquor (G) CASH SAVER #34 4121 FLEUR DR Class E Liquor (H) CENTRAL CITY LIQUOR 1460 2ND AVE Class E Liquor (I) DES MOINES YACHT CLUB 2617 INGERSOLL AVE Class C Liquor (J) DISTRICT 212 4TH ST Class C Liquor (K) ERNIES BOONDOCK 440 E GRAND AVE Class C Liquor (L) ESCAPE CHAMBERS 338 SW 6TH ST Class C Liquor (M) GATEWAY MARKET MLK 2002 WOODLAND AVE Class C Liquor (N) H & A MINI MART 5901 FLEUR DR Class E Liquor (O) HAMPTON INN 5001 FLEUR DR Class B Retail (P) INGERSOLL LIQUOR 3500 INGERSOLL AVE Class E Liquor (Q) MACCABEES 1150 POLK BLVD Class B Retail (R) SIMONS 5800 FRANKLIN AVE Class C Liquor (S) WASABI CHI 5418 DOUGLAS AVE Class C Liquor (T) WEST END LOUNGE 2309 FOREST AVE Class C Liquor (U) WOOLYS 504 E LOCUST ST Class C Liquor SPECIAL EVENT APPLICATIONS (V) DES MOINES ARTS FESTIVAL 120 E 5TH ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR REVEAL ON MARCH 7, 2024. (W) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON FEBRUARY 23, 2024. (X) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR HOLIDAY PARTY ON FEBRUARY 24, 2024. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 6. City Clerk to issue Coin Operated Machine Licenses. 2 PUBLIC IMPROVEMENTS 7. Ordering construction of the following: (A) Border Street Rehabilitation from 80th Avenue to 85th Avenue: Receiving of bids, (3-5-24) and Setting date of hearing, (4-1-24), Engineer’s estimate, $370,000. (Council Communication No. 24-078) (B) Levee Trail Reconstruction from North Valley Drive to 63rd Street: Receiving of bids, (3-5-24) and Setting date of hearing, (4-1-24), Engineer’s estimate, $450,000. (Council Communication No. 24-073) 8. Approving and authorizing the execution of an addendum to the Iowa Department of Transportation (IDOT) agreement for the Central Place Levee Trail Phase 1 Project. (Council Communication No. 24-074) 9. Acceptance of a proposal from MidAmerican Energy Company to install streetlights on Broadway Avenue from 2nd Avenue to Hubbell Avenue, estimated at $295,551.61. (Council Communication No. 24-068) 10. Approval of an agreement between the City of Des Moines and the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) for the Ingersoll Run Outlet, Phase 28, Segment 2 Project. (Council Communication No. 24-077) 11. Approving Chapter 28E Agreement with Warren County for a public improvement project, Border Street Rehabilitation from 80th Avenue to 85th Avenue. (Council Communication No. 24-072) 12. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with HR Green, Inc. for Intelligent Transportation Systems (ITS) Master Plan Integration – Phase 5, not to exceed $206,500. (Council Communication No. 24-076) 13. Approving exception to Request for Proposal process for good cause and approving Professional Services Agreement with Bolton & Menk, Inc. for design services for the Sayers Park Sprayground Design, not to exceed $114,500. (Council Communication No. 24-079) 3 14. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Kirkham Michael, Inc. for additional professional services for the 2023 Neighborhood Sidewalk Program, not to exceed $118,000. (Council Communication No. 24-070) 15. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with Bolton & Menk, Inc. for additional professional services for Western Gateway Water Feature Improvements, not to exceed $126,000. (Council Communication No. 24-071) 16. Accepting completed construction and approving final payment for E. 2nd Street Reconstruction from E. Court Avenue to Iowa Interstate Railroad, Jasper Construction Services Inc. SPECIAL ASSESSMENTS 17. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-02. 18. Deletion of rental inspection assessment at 4220 Ingersoll Avenue. LAND/PROPERTY TRANSACTIONS 19. Approving 65 tax abatement applications for work completed in 2023. (Council Communication No. 24-080) BOARDS/COMMISSIONS/NEIGHBORHOODS 20. Appointing City’s representatives and alternate representatives to the Polk County Emergency Management Commission. 20-I Recommendation from Council Member Mandelbaum to reappoint Evan Shaw to the Historic Preservation Committee, Seat 9, for a three-year term expiring October 18, 2026. 4 SETTING DATE OF HEARINGS 21. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,910,000, (3-4-24). 21-I On entering into a Waiver of Distance Separation Easement Agreement with and conveying a Waiver of Distance Separation Easement to the Des Moines Metropolitan Wastewater Reclamation Authority and acknowledgement by Des Moines Regional Transit Authority on property located at 3500 Vandalia Road, $1, (3-4-24). 22. On vacation of air, surface and subsurface rights within portions of alley, University Avenue and 22nd Street right-of-way adjoining 2211 University Avenue and conveyance of a Permanent Easement for Air Space Above City-owned Property, a Permanent Easement for Subsurface Building Encroachment on City-owned Property, and a Permanent Easement for Building Encroachment to Neighborhood Development Corporation, $2,710, (3-4-24). 23. On vacation and conveyance of City-owned property located at 3312 8th Street to City of Des Moines Municipal Housing Agency, (3-4-24). 24. On a request from ABC Partners, LP and Army Post Development, LC (Richard Margulies, Officer) for review and approval of a 3rd amendment to the Airport Business Park Phase II PUD Conceptual Plan for multiple parcels located in the vicinity of 3701 Gannett Avenue to allow the use of metal siding, cladding, and roofing materials, (3-4- 24). 25. On the proposition of the issuance of not to exceed $250,000 Stormwater Management Utility Revenue Capital Loan Notes (subordinate) and providing for publication of notice thereof, (4-1-24). 26. On approval of the 2023 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER), (3-18-24). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 27. Authorizing and approving retention of Steven Pace, Kelly Cwiertny and the Shuttleworth and Ingersoll Law Firm on environmental issues. 28. Approving payment to Golf Cars of Iowa for a property claim. 29. Approving payment to Wesley and Rhonda Hosler for a property damage claim. 30. Approving payment in settlement to Peach Wise for a property damage and personal injury lawsuit. 5 APPROVING 31. Resolution accepting development proposal from Gold Cap Development, Sidekick Development and Wade Investments and directing staff to negotiate preliminary terms of an Urban Renewal Development Agreement for the development of the City-owned site at 401 Robert D. Ray Drive. (Council Communication No. 24-081) 32. Preliminary terms of an Urban Renewal Development Agreement with Kemin Industries, Inc. for the construction of a 320,000 square-foot warehouse at 606 SE 23rd Street, directly adjacent to their current headquarters. (Council Communication No. 24-063) 33. Preliminary terms of an Urban Renewal Development Agreement with Townhall Associates LP for the historic renovation of 1601 6th Avenue into a mixed-use residential and commercial development, and the new construction of a mixed-use residential and commercial building at 1605,1609 and 1619 6th Avenue. (Council Communication No. 24-064) 34. Agreement with Greater Des Moines Public Art Foundation regarding Temple Chess & Poetry Garden. 35. Agreement with AFSCME, Council 61, and its Affiliated Local 3673 for the period July 1, 2024 through June 30, 2025. (Council Communication No. 24-061) 36. Agreement with the Des Moines Police Gold Braid Organization (GBO) for the period of July 1, 2024 through June 30, 2025. (Council Communication No. 24-060) 37. Communication from the Greater Des Moines Partnership on behalf of the Iowa State Fair requesting approval of placement for up to 25 banners to be displayed on banner poles in downtown Des Moines beginning July 1, 2024. 38. Abatement of public nuisances as follows: (A) 4904 Sawyers Drive. (B) 1427 5th Avenue. (C) 200 Euclid Avenue. 6 39. Purchase from AP/M Permaform (sole area wide distributor) of portable sewer rehabilitation equipment and trailer for use by the Sewers Division of the Department of Public Works, $140,200. (Council Communication No. 24-059) 40. Authorizing Finance Director to draw checks on registers for the weeks of February 19 and 26, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of February 19 and 26, 2024; to draw checks for biweekly payroll due February 23, 2024. ORDINANCES - FINAL CONSIDERATION 41. Amending Chapter 114, Division 2 of the Municipal Code regarding the duties and member composition of the Transportation Safety Committee. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 42 THRU 52) 42. On vacation of a portion of the Masonic Temple Cemetery, located southwest and interior to the intersection of 48th Street and Franklin Avenue, and conveyance to ChildServe Habilitation Center, Inc. for the purchase price of $600,000. (Council Communication No. 24-082) (A) First consideration of ordinance above. 43. On a request from Juan’s Auto Repair, LLC (Juan Lopez, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park within a Regional Node to Community Mixed Use within a Regional Node, and to rezone the property located at 1660 E. Army Post Road from “EX” Mixed Use District to “CX” Mixed Use District, to allow construction of a new auto body repair shop. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 7 44. On a request from Elim Christian Fellowship of Des Moines (Michael K. Hurst, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Public/Semi-Public to Downtown Mixed Use and to rezone the property located at 525 E. 9th Street from “P2” Public, Civic, and Institutional District to “DXR” Downtown District, to allow renovation of an existing church building for a school and multiple-household residential use. (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 City of Des Moines to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park to Industrial and to rezone the property located in the vicinity of 3500 Vandalia Avenue from “EX” Mixed Use District to “I2” Industrial District to allow the development of a vehicle storage, maintenance, and operation facility for the Des Moines Area Regional Transit Authority (DART). (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Cody Christensen, Development Services Director), requires six votes. 46. On request from IA9 Des Moines, LLC (Bryan Slama, 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 Business Park within a Neighborhood Node, and to rezone three (3) parcels located in the vicinity of 1475 Hart Avenue, from “N1a” Neighborhood District to Limited “EX” Mixed Use District to allow the development of self-storage and/or flex warehouse buildings, where no individual storage unit shall be less than 600 square feet in area and continuing to the March 4, 2024 Council meeting. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 47. Dismissing hearing on a request Clayton Enterprises (George Michael Clayton, Officer) 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 for property located at 1726 Oakland Avenue to allow three (3) additional dwelling units within the existing building, which would cause the net density of the property to be greater than 17 dwelling units per acre. 8 48. On approval of form and authorizing execution of a lease with 1901 Bell Ave, LLC for use of 4,200 square feet of warehouse space located at 1901 Bell Avenue by the Police Department for storage of impounded vehicles. 49. On 2024 Neighborhood Sidewalk Program Contract 2: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $510,574. (Council Communication No. 24-065) (A) Approval of contract and bond. 50. On 63rd Street Trail from SW McKinley Avenue to the Raccoon River: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Corell Contractor, Inc. (Grant S. Corell, President), $1,353,557.76. (Council Communication No. 24-069) (A) Approval of contract and bond. 51. On Union Park Rocket Slide Repair: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Cushman Excavating, LLC (Chad Cushman, Manager), $581,657.62. (Council Communication No. 24-066) (A) Approval of contract and bond. 52. On Woodland Cemetery Retaining Wall Replacement: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Miner Hardscape, LLC (Matthew J. Miner, Owner), $601,232. (Council Communication No. 24-067) (A) Approval of contract and bond. ****END HEARINGS AT ________________PM**** 9 ORDINANCES - FIRST CONSIDERATION 53. Amending Chapter 46 of the Municipal Code relating to amendments and additions to the requirements contained in the 2021 edition of the International Fire Code (IFC). (Council Communication No. 24-058) (A) Final consideration of ordinance above (waiver requested by John TeKippe, Fire Chief), requires six votes. 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-075) (A) Parking modifications – Golf House Drive between Echo Valley Drive and the south city limits. (B) Parking modifications – Harriet Street from SE 14th Street to SE 15th Street. (C) Parking restrictions within dead ends: (1) Jerlynn Avenue between North Union Street and E. 10th Street. (2) Sampson Street between Cleveland Avenue and E. Washington Avenue. (D) Code correction – E. 17th Street at E. University Avenue. (E) Code corrections – misspelled or omitted words: (1) State Avenue at E. 24th Street. (2) E. Walnut Street between E. 18th Street and E. 30th Street. COMMUNICATIONS/REPORTS 55. Requests to speak as follows: (A) Lu Hallmeyer (B) Annie Sarcone (C) Adam Callanan (D) Cody Dolinsek (E) Abby Bankes (F) Ren Mattson (G) Luis Gomez (H) Steve Sarcone (I) Michaelyn Mankel (J) Jacey Van Roekel 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 10 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 11

Get email alerts for Des Moines

A daily email when new agendas and minutes are posted.

Report an issue with this meeting