City Council
Regular MeetingDes Moines, IA · February 19, 2024
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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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****
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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
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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
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