Muyni
← Back to Des Moines

City Council

Regular Meeting

Des Moines, IA · March 4, 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 March 4, 2024 5:00 PM PROCLAMATION – 4:55 PM Women’s History Month 24-0299 1. ROLL CALL: Present: Boesen, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 24-0300 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0301 3. APPROVING CONSENT AGENDA * – items 3 through 44: 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. 1 3/4/2024 LICENSES AND PERMITS 24-0302 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. NEW APPLICATION (A) PAVILION 3000 E GRAND AVE Special Class C RENEWAL APPLICATIONS (B) BELLHOP 440 E GRAND AVE Class C Liquor (C) BUZZARD BILLYS 615 3RD ST Class C Liquor (D) CASEYS #3915 3200 SW 9TH ST Class B Retail (E) CHUCKS 3608 6TH AVE Class C Liquor (F) DOLLAR GENERAL #13292 3102 MERLE HAY RD Class B Retail (G) DOLLAR GENERAL #313 2574 HUBBELL AVE Class B Retail (H) DOLLAR GENERAL #4554 1020 E ARMY POST RD Class B Retail (I) DOLLAR GENERAL #4991 3223 SE 14TH ST Class B Retail (J) DOLLAR GENERAL #6077 221 63RD ST Class B Retail (K) DOLLAR GENERAL #6725 1428 E OVID AVE Class B Retail (L) DOLLAR GENERAL #6735 2650 INGERSOLL AVE Class B Retail (M) EAST END LIQUOR 3804 HUBBELL AVE Class E Liquor (N) EL POLLO CATRACHO 4100 SE 14TH ST Class C Liquor (O) FRANCIES 2100 WAKONDA VIEW Class C Liquor (P) GIT N GO STORE #28 3274 E UNIVERSITY AVE Class B Retail (Q) GOOD NEWS DARLING 717 LOCUST ST #102 Class C Liquor (R) GOPUFF 1510 OHIO ST Class B Retail (S) GRANDVIEW GOLF 2401 E 29TH ST Class C Liquor (T) HILTON DES MOINES 435 PARK ST Class C Liquor (U) MALO RESTAURANT 900 MULBERRY ST Class C Liquor (V) MCCUENS PUB 2565 WEDGEWOOD RD Class C Liquor (W) MISFITS SALOON & GRILL 607 SE 30TH ST Class C Liquor (X) OAK PARK RESTAURANT 3901 INGERSOLL AVE Class C Liquor (Y) PANKA PERUVIAN 2708 INGERSOLL AVE Class C Liquor (Z) STRANDED AT D & R 1922 HUBBELL AVE Class C Liquor (AA) TRUMANS KC PIZZA 400 SE 6TH ST Class C Liquor (BB) WILLOW ON GRAND 6011 GRAND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (CC) ANNIES IRISH PUB 311 COURT AVE (TENT) 5 days CLASS C LIQUOR LICENSE FOR MARCH MADNESS ON MARCH 16 AND ST PATTYS DAY STREET PARTY ON MARCH 17, 2024. (DD) TANGERINE FOOD COMPANY 100 LOCUST ST 14 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENTS ON MARCH 9 AND 16, 2024. 2 3/4/2024 24-0303 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 24-0304 (A) 2024 HMA Residential Paving Program Contract 1: Receiving of bids, (3-19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $755,000. (Council Communication No. 24-095) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0305 (B) 2024 Sidewalk and Pedestrian Ramp Replacement Program: Receiving of bids, (3-19- 24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $540,000. (Council Communication No. 24-097) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0306 (C) Locust Street Resurfacing from the Des Moines River to 9 th Street: Receiving of bids, (3-19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $700,000. (Council Communication No. 24-096) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0307 (D) SW 56th Street Rehabilitation from Leland Avenue to Wolcott Circle: Receiving of bids, (3-19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $585,000. (Council Communication No. 24-098) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0308 7. Approving a Professional Services Agreement with I&S Group, Inc. for 16th Street Area Reconstruction and Trail Connection, not to exceed $207,670. (Council Communication No. 24-099) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0309 8. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Bolton & Menk, Inc. for additional professional services for University Avenue Rehabilitation, not to exceed $320,386. (Council Communication No. 24-092) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0310 9. Approving and adopting the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual, 2024 Edition, SUDAS Standard Specifications, 2024 Edition, and the City of Des Moines General Supplemental Specifications to the SUDAS Standard Specifications, 2024 Edition, as the official design standards and standard specifications and supplemental specifications for the City of Des Moines. (Council Communication No. 24-100) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 3 3/4/2024 24-0311 10. Approving private construction contract between Lloyd Construction Company and 13th & Mulberry Multifamily, LLC for paving improvements in 1301 Mulberry Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0312 11. Approving completion and acceptance of private construction contract between Woodruff Construction, Inc. and Des Moines Independent Community School District for paving improvements in 2450 Forest Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0313 12. Communication from contractor requesting permission to sublet certain items on a public improvement project. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 13. Accepting completed construction and approving final payment for the following: 24-0314 (A) Ingersoll Avenue Streetscape from 28th Street to M.L. King Jr. Parkway (south side), Jasper Construction Services, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0315 (B) 2023 Neighborhood Sidewalk Program Contract 1, TK Concrete, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0316 (C) 2nd Avenue Bridge over the Des Moines River Rehabilitation and 2 nd Avenue Bridge over Birdland Drive Replacement, Jasper Construction Services, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0317 (D) Closes Creek Storm Sewer Improvements Phase 2A and 2B, RW Excavating Solutions, LC. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0318 (E) Pappajohn Sculpture Park Lighting Improvements, Modern Electrical Services, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0319 (F) 2023 Midblock Pedestrian Signal Improvements, Jasper Construction Services, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. SPECIAL ASSESSMENTS 24-0320 14. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-03. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0321 15. Deletion of rental inspection assessment at 2724 College Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 4 3/4/2024 LAND/PROPERTY TRANSACTIONS 24-0322 16. Dedicating additional Fleur Drive right-of-way located south of Littell Avenue and east of and adjoining GeoParcel 7824-32-127-017. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0323 17. Approval of final subdivision plat and acceptance of subdivision bond for Stanton Ridge, located in the vicinity of 2300 Stanton Avenue. (Council Communication No. 24-089) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0324 18. Approval of 25 tax abatement applications for work completed in 2023. (Council Communication No. 24-088) Moved by Gatto to adopt and 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 24-0325 19. Communication from Sonia Reyes advising of her resignation from the Des Moines Civil and Human Rights Commission, Seat 6, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Voss. Motion Carried 6-0. 24-0326 19-I Communication from Steven Garrison advising of his resignation from the Urban Design Review Board, Seat 9, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Voss. Motion Carried 6-0. 24-0327 19-II Communication from Breann Bye advising of her resignation from the Historic Preservation Commission, Seat 11, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Voss. Motion Carried 6-0. 24-0328 20. Recommendation from Council Member Mandelbaum to appoint Kameron Middlebrooks to the Des Moines Civil and Human Rights Commission, Seat 6, for a three-year term expiring April 7, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0329 20-I Recommendation from Council Member Voss to appoint Matt Hardin to the Transportation Safety Committee, Seat 3, for a three-year term expiring December 31, 2026. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 5 3/4/2024 COMMUNICATIONS FROM PLANNING AND ZONING 24-0330 21. Regarding a request from Walnut Creek Community Church (Luke Hukee, Officer) for property located in the vicinity of 304 E. Walnut Street for vacation of the east/west alleyway bounded by E. Third Street to the west and vacation of the north/south alleyway bounded by E. Locust Street to the north and E. Walnut Street to the south to be assembled and used for a parking lot expansion. 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 24-0331 22. On vacation of a segment of Ingersoll Avenue right-of-way adjoining 2103 Ingersoll Avenue and conveyance of an Easement for Bus Shelter Encroachment on City-owned property to Des Moines Area Regional Transit Authority, $220, (3-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0332 23. On vacation of a segment of Littell Avenue right-of-way located between Fleur Drive and Army Post Road, (3-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0333 24. On approval of 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 Area Regional Transit Authority on property located at 3500 Vandalia Road, $1, (3-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. WITHDRAWN 24-0334 25. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,859,000, (3-18-24). 24-0335 26. On a request from Max Z. Steigleder and Tracy D. Steigleder (Owners) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park to Industrial and to rezone property in the vicinity 9500 Southridge Boulevard from “EX” Mixed Use District to “I2” Industrial District to allow the construction of a concrete manufacturing plant with outdoor storage, (3-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0336 27. On a request from 3800-3804 Ingersoll, LLC and MGS, LLC (Kimberley R. Robertson, Officer) and (Michael Simpson, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to Community Mixed Use and to rezone the property located at 1205 E. 33rd Street and 3304 E. University Avenue from “N3b” Neighborhood District to Limited “CX” Mixed Use District to allow use of the property for warehousing and other commercial uses, (3-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 6 3/4/2024 24-0337 28. On receipt of oral or written testimony from any resident or property owner of Des Moines on the proposed property tax amount for fiscal year 2025, (4-1-24, 7:30 AM). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0338 29. Approving payment to Eric Brown for an auto claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0339 30. Approving payment to Bradley Weston for an auto claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0340 31. Approving payment to Jeffrey Kimberling for an auto claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0341 32. Approving payment to Allstate Insurance on behalf of its insured Anna Noel for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0342 33. Approving payment to Albert Salazar for a Workers’ Compensation Claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. APPROVING 24-0343 34. First Amendment to the Urban Renewal Development Agreement with Lawmark, LP, for renovation of the Financial Center Building located at 606 Walnut Street converting Floors 1 through 15. (Council Communication No. 24-101) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0344 35. An updated policy regarding alterations on properties in Local Historic Districts that are eligible for an Administrative Certificate of Appropriateness (AACOA), in accordance with Chapter 58 of the Municipal Code. (Council Communication No. 24-090) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0345 36. Grant application to the FEMA Assistance to Firefighters Grant (AFG) program in the amount of $591,286.30 to install diesel exhaust source capture systems at nine (9) fire stations. (Council Communication No. 24-085) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0346 37. Agreement between the Des Moines Fire Department (DMFD) and Des Moines Area Community College (DMACC) for the provision of clinical/field experience to DMACC Emergency Medical Services (EMS) students. (Council Communication No. 24-086) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 7 3/4/2024 24-0347 38. Application for the 2025 State of Iowa, Byrne Justice Assistance Grant (JAG) program issued by the State of Iowa Department of Public Safety, Office of Drug Control Policy. (Council Communication No. 24-083) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0348 39. Approval of agreement with Des Moines Police Bargaining Unit Association for the period July 1, 2024 through June 30, 2027. (Council Communication No. 24-084) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0349 40. Extension of agreement with Genuine Parts Company d/b/a NAPA Auto Parts and authorizing annual expenditures of $4,100,000, including FY2023/2024 for integrated supply services for the repair and servicing of fleet vehicles. (Council Communication No. 24-087) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0350 41. Purchase from Elder Corporation (J. Elder II, President) of asphalt and concrete crushing services for use by the Public Works Department, $123,800. (Three hundred three (303) potential bidders, six (6) received). Moved by Gatto to adopt. Second by Voss. Motion Carried 5-0. Council Member Gatto declares a conflict of interest and abstains from voting. 42. Number not used. 24-0351 43. Authorizing Finance Director to draw checks on registers for the weeks of March 4 and 11, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of March 4 and 11, 2024; to draw checks for biweekly payroll due March 8, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. ORDINANCES - SECOND CONSIDERATION 24-0352 44. On vacation of a portion of the Masonic Temple Cemetery, located southwest and interior to the intersection of 48th Street and Franklin Avenue. (Council Communication No. 24-091) Moved by Gatto that this ordinance be considered and given second vote for passage. Second by Voss. Motion Carried 6-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 8 3/4/2024 HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 45 THRU 53) 24-0353 45. 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. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. 24-0354 (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. 24-0355 (B) Final consideration of ordinance above, requires six votes. Moved by Coleman that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,335. Second by Gatto. Motion Carried 6-0. 24-0356 46. On conveyance of City-owned property located at 3312 8th Street to City of Des Moines Municipal Housing Agency. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-0. 24-0357 47. Dismiss hearing on conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,910,000. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0358 48. Dismiss hearing 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0359 49. 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, continued from February 19, 2024 council meeting. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0360 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 9 3/4/2024 24-0361 (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,336. Second by Voss. Motion Carried 6-0. 24-0362 50. On a request 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, continued from February 19, 2024 council meeting. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0363 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 24-0364 (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,337. Second by Voss. Motion Carried 6-0. 24-0365 51. On a request from ABC Partners, LP and Army Post Development, LC (Richard Margulies, Officer) for 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 24-0366 52. On 56th Street from Grand Avenue to south of Robertson Drive: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Grimes Asphalt and Paving Corporation (Timothy Mallicoat, President), $308,182.10. (Council Communication No. 24-093) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 24-0367 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 10 3/4/2024 24-0368 53. On SE 22nd Street Traffic Calming Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Caliber Concrete, LLC (Jason Martin, Owner), $290,196.39. (Council Communication No. 24-094) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0369 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. ****END HEARINGS AT 5:16 PM**** FIRST CONSIDERATION 24-0370 54. Amending Chapter 114 of the Municipal Code relating to snow routes. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Caried 6-0. 24-0371 (A) Final consideration of ordinance above (waiver requested by Jonathan Gano, Public Works 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, #16,338. Second by Voss. Motion Carried 6-0. COMMUNICATIONS/REPORTS 24-0372 55. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 6-0. (A) Aaron Stacy Roberts (B) Dr. Susan Andrews (C) Felicia Hilton (D) Garland Armstrong (E) Abby Bankes – Did not speak (F) Chris Biagini (G) Don Burgmaier (H) Adam Callanan (I) Ruth Thompson (J) Jonathon Von Arb 24-0373 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:43 PM. Second by Voss. Motion Carried 6-0. 11 3/4/2024 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 3/4/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 March 4, 2024 5:00 PM PROCLAMATION – 4:55 PM Women’s History Month 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 44: *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) PAVILION 3000 E GRAND AVE Special Class C RENEWAL APPLICATIONS (B) BELLHOP 440 E GRAND AVE Class C Liquor (C) BUZZARD BILLYS 615 3RD ST Class C Liquor (D) CASEYS #3915 3200 SW 9TH ST Class B Retail (E) CHUCKS 3608 6TH AVE Class C Liquor (F) DOLLAR GENERAL #13292 3102 MERLE HAY RD Class B Retail (G) DOLLAR GENERAL #313 2574 HUBBELL AVE Class B Retail (H) DOLLAR GENERAL #4554 1020 E ARMY POST RD Class B Retail (I) DOLLAR GENERAL #4991 3223 SE 14TH ST Class B Retail (J) DOLLAR GENERAL #6077 221 63RD ST Class B Retail (K) DOLLAR GENERAL #6725 1428 E OVID AVE Class B Retail (L) DOLLAR GENERAL #6735 2650 INGERSOLL AVE Class B Retail 1 (M) EAST END LIQUOR 3804 HUBBELL AVE Class E Liquor (N) EL POLLO CATRACHO 4100 SE 14TH ST Class C Liquor (O) FRANCIES 2100 WAKONDA VIEW Class C Liquor (P) GIT N GO STORE #28 3274 E UNIVERSITY AVE Class B Retail (Q) GOOD NEWS DARLING 717 LOCUST ST #102 Class C Liquor (R) GOPUFF 1510 OHIO ST Class B Retail (S) GRANDVIEW GOLF 2401 E 29TH ST Class C Liquor (T) HILTON DES MOINES 435 PARK ST Class C Liquor (U) MALO RESTAURANT 900 MULBERRY ST Class C Liquor (V) MCCUENS PUB 2565 WEDGEWOOD RD Class C Liquor (W) MISFITS SALOON & GRILL 607 SE 30TH ST Class C Liquor (X) OAK PARK RESTAURANT 3901 INGERSOLL AVE Class C Liquor (Y) PANKA PERUVIAN 2708 INGERSOLL AVE Class C Liquor (Z) STRANDED AT D & R 1922 HUBBELL AVE Class C Liquor (AA) TRUMANS KC PIZZA 400 SE 6TH ST Class C Liquor (BB) WILLOW ON GRAND 6011 GRAND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (CC) ANNIES IRISH PUB 311 COURT AVE (TENT) 5 days CLASS C LIQUOR LICENSE FOR MARCH MADNESS ON MARCH 16 AND ST PATTYS DAY STREET PARTY ON MARCH 17, 2024. (DD) TANGERINE FOOD COMPANY 100 LOCUST ST 14 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENTS ON MARCH 9 AND 16, 2024. 5. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 6. Ordering construction of the following: (A) 2024 HMA Residential Paving Program Contract 1: Receiving of bids, (3-19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $755,000. (Council Communication No. 24-095) (B) 2024 Sidewalk and Pedestrian Ramp Replacement Program: Receiving of bids, (3- 19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $540,000. (Council Communication No. 24-097) 2 (C) Locust Street Resurfacing from the Des Moines River to 9th Street: Receiving of bids, (3-19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $700,000. (Council Communication No. 24-096) (D) SW 56th Street Rehabilitation from Leland Avenue to Wolcott Circle: Receiving of bids, (3-19-24) and Setting date of hearing, (4-15-24), Engineer’s estimate, $585,000. (Council Communication No. 24-098) 7. Approving a Professional Services Agreement with I&S Group, Inc. for 16th Street Area Reconstruction and Trail Connection, not to exceed $207,670. (Council Communication No. 24-099) 8. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Bolton & Menk, Inc. for additional professional services for University Avenue Rehabilitation, not to exceed $320,386. (Council Communication No. 24-092) 9. Approving and adopting the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual, 2024 Edition, SUDAS Standard Specifications, 2024 Edition, and the City of Des Moines General Supplemental Specifications to the SUDAS Standard Specifications, 2024 Edition, as the official design standards and standard specifications and supplemental specifications for the City of Des Moines. (Council Communication No. 24-100) 10. Approving private construction contract between Lloyd Construction Company and 13th & Mulberry Multifamily, LLC for paving improvements in 1301 Mulberry Street. 11. Approving completion and acceptance of private construction contract between Woodruff Construction, Inc. and Des Moines Independent Community School District for paving improvements in 2450 Forest Avenue. 12. Communication from contractor requesting permission to sublet certain items on a public improvement project. 3 13. Accepting completed construction and approving final payment for the following: (A) Ingersoll Avenue Streetscape from 28th Street to M.L. King Jr. Parkway (south side), Jasper Construction Services, Inc. (B) 2023 Neighborhood Sidewalk Program Contract 1, TK Concrete, Inc. (C) 2nd Avenue Bridge over the Des Moines River Rehabilitation and 2nd Avenue Bridge over Birdland Drive Replacement, Jasper Construction Services, Inc. (D) Closes Creek Storm Sewer Improvements Phase 2A and 2B, RW Excavating Solutions, LC. (E) Pappajohn Sculpture Park Lighting Improvements, Modern Electrical Services, LLC. (F) 2023 Midblock Pedestrian Signal Improvements, Jasper Construction Services, Inc. SPECIAL ASSESSMENTS 14. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-03. 15. Deletion of rental inspection assessment at 2724 College Avenue. LAND/PROPERTY TRANSACTIONS 16. Dedicating additional Fleur Drive right-of-way located south of Littell Avenue and east of and adjoining GeoParcel 7824-32-127-017. 17. Approval of final subdivision plat and acceptance of subdivision bond for Stanton Ridge, located in the vicinity of 2300 Stanton Avenue. (Council Communication No. 24-089) 18. Approval of 25 tax abatement applications for work completed in 2023. (Council Communication No. 24-088) 4 BOARDS/COMMISSIONS/NEIGHBORHOODS 19. Communication from Sonia Reyes advising of her resignation from the Des Moines Civil and Human Rights Commission, Seat 6, effective immediately. 19-I Communication from Steven Garrison advising of his resignation from the Urban Design Review Board, Seat 9, effective immediately. 19-II Communication from Breann Bye advising of her resignation from the Historic Preservation Commission, Seat 11, effective immediately. 20. Recommendation from Council Member Mandelbaum to appoint Kameron Middlebrooks to the Des Moines Civil and Human Rights Commission, Seat 6, for a three-year term expiring April 7, 2025. 20-I Recommendation from Council Member Voss to appoint Matt Hardin to the Transportation Safety Committee, Seat 3, for a three-year term expiring December 31, 2026. COMMUNICATIONS FROM PLANNING AND ZONING 21. Regarding a request from Walnut Creek Community Church (Luke Hukee, Officer) for property located in the vicinity of 304 E. Walnut Street for vacation of the east/west alleyway bounded by E. Third Street to the west and vacation of the north/south alleyway bounded by E. Locust Street to the north and E. Walnut Street to the south to be assembled and used for a parking lot expansion. SETTING DATE OF HEARINGS 22. On vacation of a segment of Ingersoll Avenue right-of-way adjoining 2103 Ingersoll Avenue and conveyance of an Easement for Bus Shelter Encroachment on City-owned property to Des Moines Area Regional Transit Authority, $220, (3-18-24). 23. On vacation of a segment of Littell Avenue right-of-way located between Fleur Drive and Army Post Road, (3-18-24). 24. On approval of 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 Area Regional Transit Authority on property located at 3500 Vandalia Road, $1, (3-18-24). 25. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,859,000, (3-18-24). 5 26. On a request from Max Z. Steigleder and Tracy D. Steigleder (Owners) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park to Industrial and to rezone property in the vicinity 9500 Southridge Boulevard from “EX” Mixed Use District to “I2” Industrial District to allow the construction of a concrete manufacturing plant with outdoor storage, (3-18-24). 27. On a request from 3800-3804 Ingersoll, LLC and MGS, LLC (Kimberley R. Robertson, Officer) and (Michael Simpson, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to Community Mixed Use and to rezone the property located at 1205 E. 33rd Street and 3304 E. University Avenue from “N3b” Neighborhood District to Limited “CX” Mixed Use District to allow use of the property for warehousing and other commercial uses, (3-18-24). 28. On receipt of oral or written testimony from any resident or property owner of Des Moines on the proposed property tax amount for fiscal year 2025, (4-1-24, 7:30 AM). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 29. Approving payment to Eric Brown for an auto claim. 30. Approving payment to Bradley Weston for an auto claim. 31. Approving payment to Jeffrey Kimberling for an auto claim. 32. Approving payment to Allstate Insurance on behalf of its insured Anna Noel for a property damage claim. 33. Approving payment to Albert Salazar for a Workers’ Compensation Claim. APPROVING 34. First Amendment to the Urban Renewal Development Agreement with Lawmark, LP, for renovation of the Financial Center Building located at 606 Walnut Street converting Floors 1 through 15. (Council Communication No. 24-101) 35. An updated policy regarding alterations on properties in Local Historic Districts that are eligible for an Administrative Certificate of Appropriateness (AACOA), in accordance with Chapter 58 of the Municipal Code. (Council Communication No. 24-090) 6 36. Grant application to the FEMA Assistance to Firefighters Grant (AFG) program in the amount of $591,286.30 to install diesel exhaust source capture systems at nine (9) fire stations. (Council Communication No. 24-085) 37. Agreement between the Des Moines Fire Department (DMFD) and Des Moines Area Community College (DMACC) for the provision of clinical/field experience to DMACC Emergency Medical Services (EMS) students. (Council Communication No. 24-086) 38. Application for the 2025 State of Iowa, Byrne Justice Assistance Grant (JAG) program issued by the State of Iowa Department of Public Safety, Office of Drug Control Policy. (Council Communication No. 24-083) 39. Approval of agreement with Des Moines Police Bargaining Unit Association for the period July 1, 2024 through June 30, 2027. (Council Communication No. 24-084) 40. Extension of agreement with Genuine Parts Company d/b/a NAPA Auto Parts and authorizing annual expenditures of $4,100,000, including FY2023/2024 for integrated supply services for the repair and servicing of fleet vehicles. (Council Communication No. 24-087) 41. Purchase from Elder Corporation (J. Elder II, President) of asphalt and concrete crushing services for use by the Public Works Department, $123,800. (Three hundred three (303) potential bidders, six (6) received). 42. Number not used. 43. Authorizing Finance Director to draw checks on registers for the weeks of March 4 and 11, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of March 4 and 11, 2024; to draw checks for biweekly payroll due March 8, 2024. 7 ORDINANCES - SECOND CONSIDERATION 44. On vacation of a portion of the Masonic Temple Cemetery, located southwest and interior to the intersection of 48th Street and Franklin Avenue. (Council Communication No. 24-091) * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 45 THRU 53) 45. 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. (A) First consideration of ordinance above. 46. On conveyance of City-owned property located at 3312 8th Street to City of Des Moines Municipal Housing Agency. 47. Dismiss hearing on conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,910,000. 48. Dismiss hearing 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. 49. 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, continued from February 19, 2024 council meeting. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 8 50. On a request 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, continued from February 19, 2024 council meeting. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 51. On a request from ABC Partners, LP and Army Post Development, LC (Richard Margulies, Officer) for 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. 52. On 56th Street from Grand Avenue to south of Robertson Drive: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Grimes Asphalt and Paving Corporation (Timothy Mallicoat, President), $308,182.10. (Council Communication No. 24-093) (A) Approval of contract and bond. 53. On SE 22nd Street Traffic Calming Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Caliber Concrete, LLC (Jason Martin, Owner), $290,196.39. (Council Communication No. 24-094) (A) Approval of contract and bond. ****END HEARINGS AT __________________PM**** FIRST CONSIDERATION 54. Amending Chapter 114 of the Municipal Code relating to snow routes. (A) Final consideration of ordinance above (waiver requested by Jonathan Gano, Public Works Director), requires six votes. 9 COMMUNICATIONS/REPORTS 55. Requests to speak as follows: (A) Aaron Stacy Roberts (B) Dr. Susan Andrews (C) Felicia Hilton (D) Garland Armstrong (E) Abby Bankes (F) Chris Biagini (G) Don Burgmaier (H) Adam Callanan (I) Ruth Thompson (J) Jonathon Von Arb MOTION TO ADJOURN. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 10

Get email alerts for Des Moines

A daily email when new agendas and minutes are posted.

Report an issue with this meeting