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City Council

Regular Meeting

Des Moines, IA · March 18, 2024

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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 18, 2024 5:00 PM I. CLOSED SESSION – 4:00 PM 24-0379 (A) Roll Call. Present: Boesen, Voss, Coleman, Westergaard and Gatto. Absent: Mandelbaum. Council Member Westergaard participated in the meeting by phone. Council Member Mandelbaum entered the meeting at 4:03 PM and left the meeting at 4:16 PM during item C. 24-0380 (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 5-0. Absent: Mandelbaum. 24-0381 (C) Closed Session. 24-0382 (D) Terminate closed session and reconvene in open session. Moved by Voss to adopt. Second by Gatto. Motion Carried 5-0. Absent: Mandelbaum. 1 3/18/2024 24-0383 (E) Motion to adjourn. Moved by Coleman to adjourn at 4:49 PM. Second by Westergaard. Motion Carried 5-0. Absent: Mandelbaum. * * * * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATIONS – 4:50 PM Des Moines International Airport Terminal Project Champion 24-0384 1. ROLL CALL: Present: Boesen, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Westergaard participated in the meeting by phone. 24-0385 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0386 3. APPROVING CONSENT AGENDA * – items 3 through 39: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Mandelbaum. 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 24-0387 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. NEW APPLICATIONS (A) BEAVER TAP 4050 URBANDALE AVE Class C Liquor (B) DAVIS BALL PARK 4980 E 46TH ST Special Class C (C) ISLAS DEL PACIFICO 1434 DES MOINES ST #8 Class C Liquor (D) LEO CONVENIENCE 3725 HUBBELL AVE Class B Retail (E) SANDS VOLLEYBALL 6214 GRAND AVE Class C Liquor (F) SODEXO LIVE! 1 LINE DR Class C Liquor (G) STUFFED OLIVE, THE 216 COURT AVE 100 Class C Liquor (H) ZAVY KITCHEN 111 E GRAND AVE #101 Class C Liquor RENEWAL APPLICATIONS (I) 4H BUILDING 3000 E GRAND AVE Class C Liquor (J) BEST TRIP 1516 SE 1ST ST Class E Liquor (K) EATARY/A 2932 INGERSOLL AVE Class C Liquor (L) GIT N GO STORE #10 816 E EUCLID AVE Class B Retail 2 3/18/2024 (M) HAWKEYE ELKS LODGE 1401 WALKER ST Class A Liquor (N) HY VEE FOOD STORE #3 3221 SE 14TH ST Class E Liquor (O) HY VEE WINE & SPIRITS 2310 HUBBELL AVE Class E Liquor (P) IOWA BEEF STEAK HOUSE 1201 E EUCLID AVE Class C Liquor (Q) KUNG FU TAP & TACO 210 INDIANOLA RD Class C Liquor (R) LDS CORNER 344 E JACKSON AVE Class C Liquor (S) NOAHS ARK 2400 INGERSOLL AVE Class C Liquor (T) NUT POB RESTAURANT 3322 INDIANOLA AVE Special Class C (U) OVATIONS 233 CENTER Class C Liquor (V) PRICE CHOPPER 3425 INGERSOLL AVE Class E Liquor (W) PRICE CHOPPER 1819 BEAVER AVE Class E Liquor (X) QUIK TRIP #527 614 UNIVERSITY AVE Class B Retail (Y) STOP N SHOP 5000 SW 9TH ST Class B Retail (Z) TACOS LA FAMILIA 1610 6TH AVE Class C Liquor SPECIAL EVENT APPLICATIONS (AA) DRAKE UNIVERSITY 2800 UNIVERSITY AVE 5 days CLASS C LIQUOR LICENSE FOR PROGRESS BIRTHDAY CELEBRATION ON MARCH 23, 2024. (BB) SALISBURY HOUSE 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON MARCH 29, 2024. (CC) TANGERINE FOOD CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON MARCH 29, 2024. (DD) THIRSTY PIGS 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR HOPS & HOOPS ON MARCH 21 - 23, 2024. (EE) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR OPEN HOUSE ON MARCH 22, 2024. 24-0388 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 5-1. Nays: Voss. 24-0389 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 3 3/18/2024 PUBLIC IMPROVEMENTS 7. Ordering construction of the following: 24-0390 (A) 2024 Citywide Pavement Marking Program: Receiving of bids, (4-2-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $450,000. (Council Communication No. 24-120) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0391 (B) 2024 Citywide PCC Pavement Patching Program: Receiving of bids, (4-2-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $1,567,000. (Council Communication No. 24-117) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0392 (C) Bill Riley Trail Resurfacing from Ashworth Pool to Gray’s Lake: Receiving of bids, (4- 2-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $970,000. (Council Communication No. 24-118) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. WITHDRAWN 24-0393 8. Approving Professional Services Agreement with Kirkham Michael & Associates, Inc. for professional services for Douglas Avenue Improvements – Merle Hay Road to Martin Luther King Jr. Parkway, not to exceed $703,000. (Council Communication No. 24-113) 24-0394 9. Approving exception to Request for Proposal (RFP) process for good cause and approving Professional Services Agreement with Bolton & Menk, Inc. for design services for 2nd Avenue Improvements from Court Avenue to Interstate 235, not to exceed $147,778. (Council Communication No. 24-114) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0395 10. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Kirkham Michael & Associates, Inc. for additional professional services for Tuttle Street from SW 14th Street to SW 16th Street, not to exceed $192,000. (Council Communication No. 24-115) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0396 11. Approving Private Construction Contract between Estes Construction and Meridian at Gray’s Landing LLC for storm sewer improvements in 425 SW 11th Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0397 12. Approving completion and acceptance of private construction contract between Corell Contractor, Inc. and Coppola Enterprises, Inc. for paving, sanitary sewer and storm sewer improvements in The Creek at Echo Valley Plat 1. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 4 3/18/2024 13. Accepting completed construction and approving final payment for the following: 24-0398 (A) Near West Side Sewer Separation Phase 4, Synergy Contracting, LLC. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0399 (B) Animal Control Facility Bid Package No. 1 – Structural Steel and Erection, Jensen Builders Ltd. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0400 (C) Animal Control Facility Bid Package No. 4 – Concrete Building Foundations and Slab on Grade, Jensen Builders Ltd. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0401 (D) Animal Control Facility Bid Package No. 5 – Masonry, Seedorff Masonry, Inc. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0402 (E) Animal Control Facility Bid Package No. 7 – Roofing and Sheetmetal, Academy Roofing & Sheet Metal of the Midwest, Inc. d/b/a Academy Roofing & Sheet Metal Co. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0403 (F) Animal Control Facility Bid Package No. 9 – Drywall, Framing, Acoustic Ceilings and Painting, 1st Interiors, Inc. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0404 (G) Animal Control Facility Bid Package No. 12 – Kennels and Cat Cages, Midmark Corporation. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0405 (H) Animal Control Facility Bid Package No. 16 – Site Paving, Jensen Builders Ltd. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0406 (I) Animal Control Facility Bid Package No’s 3, 6, 8, 10 and 11 – General Carpentry, Architectural, Millwork, Glazing and Metal Panels, Tile and Fluid Applied Flooring, Woodruff Construction, Inc. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. SPECIAL ASSESSMENTS 24-0407 14. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-03. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 5 3/18/2024 LAND/PROPERTY TRANSACTIONS 24-0408 15. Releasing PUD restoration bond for Southern Horizon Condominiums (Meadowlands PUD) in the vicinity of 7400 Meadowlands Drive. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0409 16. Approval of four (4) tax abatement applications for work completed in 2023. (Council Communication No. 24-122) 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 Mandelbaum. Motion Carried 6-0. 24-0410 17. Authorization to proceed with acquisition of the necessary property interests for the 2026 Neighborhood Sidewalk Program. (Council Communication No. 24-119) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 18. Approving appointments to the Transportation Safety Committee with a term expiring December 31, 2026, as follows: 24-0411 (A) From the Iowa Department of Transportation District One, Seat 11, Shelby Ebel. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0412 (B) From the Polk County Health Department, Seat 12a, Helen Eddy as Primary and Seat 12b, Juan Carlos Cadenillas as Alternate. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. SETTING DATE OF HEARINGS 24-0413 19. On conveyance of vacated alley right-of-way located south of and adjoining 1319 E. Oak Park Avenue to Jessica Norris, $25, (4-1-24). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 20. Number not used. 24-0414 21. On a request from Stamoreno, LLP (Anthonius M. Stam, Officer) for property located at 2505 E. 40th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to Low-Medium Density Residential and to rezone the property from “N3a” Neighborhood District to “N3a- 2” Neighborhood District, to allow the development of the property for two-household (duplex) units, (4-1-24). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 6 3/18/2024 24-0415 22. On a request from Ecosource, LLC (Darren Fife, Officer) to rezone property located in the vicinity of 1001 Raccoon Street from “DXR” Downtown District to Limited “EX” Mixed Use District, to allow the expansion of an existing industrial service, warehousing, and office use with conditions, (4-1-24). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0416 23. On a request from Hurd Ingersoll, LLC (Richard Hurd, Officer) for multiple parcels located in the vicinity of 3121 Ingersoll Avenue and 3111 Ingersoll Avenue to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Neighborhood Mixed Use and Low Density Residential within a Community Node to Community Mixed Use within a Community Node, and to rezone the northwest portion of the site from “RX1” Mixed Use District to “MX2” Mixed Use District and to rezone the northernmost parcel from “N5” Neighborhood District to “RX1” Mixed Use District, to allow development of a mixed-use (commercial and residential) building, a multiple- household building, and rowhome buildings, (4-1-24). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0417 24. On a request from Wat Lao Buddhavath of Iowa (Phetsamone Dary, Officer) to rezone property located in the vicinity of 1806 E. Park Avenue, approximately the northernmost 50 feet of the two (2) parcels, from “N3a” Neighborhood District to Limited “P2” Public, Civic, and Institutional District to allow construction of an open-air accessory building for meditation and other uses associated with an “Assembly, Place of Worship” use, (4-1-24). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0418 25. Approving payment to Patrick Kelehan for a property damage claim. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. APPROVING 24-0419 26. Community Development Block Grant (CDBG) award of $1,000,000 to Ellipsis. Inc. for the rehabilitation of 5525 Meredith Drive into supportive living and qualified residential treatment facilities for foster youth. (Council Communication No. 24-107) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0420 27. Release of Community Development Block Grant – Disaster Recovery (CDBG-DR) Liens on Franklin Field Apartments at 5250 Franklin Avenue. (Council Communication No. 24- 106) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0421 28. Memorandum of Understanding (MOU) to support the Central Iowa Code Consortium (CICC). (Council Communication No. 24-121) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 7 3/18/2024 24-0422 29. Parking License Agreement with United States General Services Administration for Third and Court Garage. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. WITHDRAWN 24-0423 30. Contract with Frontline Warning Systems, Inc. for design, installation and software services for outdoor warning system replacement, not to exceed $1,622,401. (Council Communication No. 24-126) 24-0424 31. Application for the 2025 Governor's Traffic Safety Bureau (GTSB) Law Enforcement Highway Safety grant, $246,333. (Council Communication No. 24-103) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0425 32. Communication from the Des Moines Downtown Farmer’s Market, requesting approval of placement for up to 35 banners to be displayed on banner poles in downtown Des Moines Historic Court District beginning April 1, 2024. Moved by Gatto to receive, file and approve. Second by Mandelbaum. Motion Carried 6-0. 33. Abatement of public nuisances as follows: 24-0426 (A) 908 E. Ovid Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0427 (B) 4236 E. Ovid Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0428 (C) 913 E. 23rd Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0429 (D) 712 Marion Street. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0430 (E) 1208 E. Watrous Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0431 34. Purchase from K M International (Suong Rho, CEO) of one (1) additional asphalt recycler per Sourcewell Contract for use by the Public Works Department, $101,365. (Council Communication No. 24-110) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0432 35. Purchase from Keltek, Inc. (Michelle Jensen, President and CEO) of emergency vehicle equipment per State of Iowa Contracts, NASPO ValuePoint Master Agreement and State of Iowa Participating Addendum for use by the Police Department, $252,637.16. (Council Communication No. 24-102) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 8 3/18/2024 24-0433 36. Purchase from Quality Cut Lawn Care LLC (Steve Darcy, President) of landscape installation for Fleur Drive Medians Phase Three Renovation project for use by the Parks and Recreation Department, $247,710.95. (Two hundred fifty-two (252) potential bidders, seven (7) received). (Council Communication No. 24-104) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0434 37. Receive and file the Comprehensive Annual Financial Report for the City of Des Moines for the year ending June 30, 2023. (Council Communication No. 24-111) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. 24-0435 38. Authorizing Finance Director to draw checks on registers for the weeks of March 18 and 25, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of March 18 and 25, 2024; to draw checks for biweekly payroll due March 22, 2024. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. ORDINANCES - FINAL CONSIDERATION 24-0436 39. On vacation of a portion of the Masonic Temple Cemetery, located southwest and interior to the intersection of 48th Street and Franklin Avenue. Moved by Gatto that this ordinance do now pass, #16,339. Second by Mandelbaum. Motion Carried 6-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 40 THRU 46) 24-0437 40. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 24-0438 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 24-0439 (B) Final consideration of ordinance above, requires six votes. Moved by Mandelbaum that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,340. Second by Voss. Motion Carried 6-0. 9 3/18/2024 24-0440 41. On vacation of a segment of Littell Avenue right-of-way located between Fleur Drive and Army Post Road. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. 24-0441 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 24-0442 (B) Final consideration of ordinance above (waiver requested by Sara Arnold, Airport Project Engineer), 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, #16,341. Second by Voss. Motion Carried 6-0. 24-0443 42. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0444 43. 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-0. 24-0445 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-0. 24-0446 (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. Moved by Westergaard that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,342. Second by Gatto. Motion Carried 6-0. 10 3/18/2024 24-0447 44. 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. Moved by Gatto to DENY the proposed rezoning. Second by Coleman. Motion Carried 6-0. 24-0448 45. On approval of the 2023 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER). (Council Communication No. 24-105) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. 24-0449 46. On 30th Street Sidewalk from Urbandale Avenue to Euclid Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as MPS Engineers, PC d/b/a Kingston Services, PC (Umesh G. Shetye, President), $208,879.50. (Council Communication No. 24-116) Moved by Coleman to adopt. Second by Voss. Motion Carried 6-0. 24-0450 (A) Approval of contract and bond. Moved by Coleman to adopt. Second by Voss. Motion Carried 6-0. *****END HEARINGS AT 5:14 PM***** ORDINANCES FIRST CONSIDERATION 24-0451 47. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-112) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 6-0. Motion by Mandelbaum to receive and file document from Jim Bowman and to direct staff to work with the homeowner’s association to facilitate renovations without violating the new ordinance. Second by Gatto. Motion Carried 6-0. Motion by Gatto to receive and file picture from Mark Wallace. Second by Mandelbaum. Motion Carried 6-0. (A) Parking Modifications – E Park Avenue from SE 21st Street to SE 22nd Street. (B) Parking Modifications – Scott Avenue from SE 10th Street to SE 11th Street. (C) Parking Modifications related to Stanton Ridge Plat 1 Development: (1) SW 23rd Street from Stanton Avenue to Emma Avenue. (2) SW 29th Street from Stanton Avenue to Emma Avenue. (3) Emma Avenue from SW 23rd Street to SW 29th Street. (D) Parking Restriction – SW 9th Street between Bell Avenue and Loomis Avenue. (E) Parking Restriction – Scott Avenue between SE 18th Street and the cul-de-sac to the west. (F) Code Correction – Corning Avenue between 6th Avenue and East Dead End. 11 3/18/2024 (G) Alley Loading Restriction – East/West Alley between E. Grand Avenue, E. Locust Street, E. 4th Street and E. 5th Street. (H) Parking Modification –South side of Locust Street between 4th Street and 5th Avenue. (I) Parking Modification – South side of Grand Avenue between 2nd Avenue and 3rd Street. (J) Corner Clearance Parking Restrictions: (1) 37th Street and Kingman Boulevard. (2) Oaklyn Drive and Lower Beaver Road. 24-0452 48. Amending Chapter 82 of the Municipal Code relating to the Urban Design Review Board. (Council Communication No. 24-125) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 6-0. 24-0453 (A) 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, #16,343. Second by Coleman. Motion Carried 6-0. 24-0454 49. Amending Chapter 58 of the Municipal Code relating to the elimination of the Landmark Review Board and providing various functions and services under the Historic Preservation Commission and Development Services Department. (Council Communication No. 24-124) Moved by Voss that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-0. 24-0455 (A) Final consideration of ordinance above, 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, #16,344. Second by Gatto. Motion Carried 6-0. 24-0456 50. Amending Chapters 134 and 135 of the Municipal Code relating to expedited Type 2 design alternatives review; value determinations; Type 1 design alternatives; Type 2 design alternatives; and large-scale development requirements. (Council Communication No. 24- 123) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. 24-0457 (A) 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, #16,345. Second by Voss. Motion Carried 6-0. 12 3/18/2024 24-0458 51. Amending Chapter 42 of the Municipal Code relating to the enforcement of nuisance vegetation management. (Council Communication No. 24-108) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. COMMUNICATIONS/REPORTS 24-0459 52. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 6-0. (A) Aaron Stacy Roberts – Did not speak. (B) Adam Callanan (C) Jean O’Donnell (D) David Joiner (E) Veola Perry (F) Harvey Harrison (G) Peggy Fitch (H) Carol Maher – Did not speak. 24-0460 MOTION TO ADJOURN. Moved by Boesen to adjourn at 5:59 PM. Motion Carried 6-0. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 13 3/18/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 March 18, 2024 5:00 PM I. CLOSED SESSION – 4:00 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. * * * * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATIONS – 4:50 PM Des Moines International Airport Terminal Project Champion 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 39: *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) BEAVER TAP 4050 URBANDALE AVE Class C Liquor (B) DAVIS BALL PARK 4980 E 46TH ST Special Class C (C) ISLAS DEL PACIFICO 1434 DES MOINES ST #8 Class C Liquor (D) LEO CONVENIENCE 3725 HUBBELL AVE Class B Retail (E) SANDS VOLLEYBALL 6214 GRAND AVE Class C Liquor (F) SODEXO LIVE! 1 LINE DR Class C Liquor (G) STUFFED OLIVE, THE 216 COURT AVE 100 Class C Liquor (H) ZAVY KITCHEN 111 E GRAND AVE #101 Class C Liquor RENEWAL APPLICATIONS (I) 4H BUILDING 3000 E GRAND AVE Class C Liquor (J) BEST TRIP 1516 SE 1ST ST Class E Liquor (K) EATARY/A 2932 INGERSOLL AVE Class C Liquor (L) GIT N GO STORE #10 816 E EUCLID AVE Class B Retail (M) HAWKEYE ELKS LODGE 1401 WALKER ST Class A Liquor (N) HY VEE FOOD STORE #3 3221 SE 14TH ST Class E Liquor (O) HY VEE WINE & SPIRITS 2310 HUBBELL AVE Class E Liquor (P) IOWA BEEF STEAK HOUSE 1201 E EUCLID AVE Class C Liquor (Q) KUNG FU TAP & TACO 210 INDIANOLA RD Class C Liquor (R) LDS CORNER 344 E JACKSON AVE Class C Liquor (S) NOAHS ARK 2400 INGERSOLL AVE Class C Liquor (T) NUT POB RESTAURANT 3322 INDIANOLA AVE Special Class C (U) OVATIONS 233 CENTER Class C Liquor (V) PRICE CHOPPER 3425 INGERSOLL AVE Class E Liquor (W) PRICE CHOPPER 1819 BEAVER AVE Class E Liquor (X) QUIK TRIP #527 614 UNIVERSITY AVE Class B Retail (Y) STOP N SHOP 5000 SW 9TH ST Class B Retail (Z) TACOS LA FAMILIA 1610 6TH AVE Class C Liquor SPECIAL EVENT APPLICATIONS (AA) DRAKE UNIVERSITY 2800 UNIVERSITY AVE 5 days CLASS C LIQUOR LICENSE FOR PROGRESS BIRTHDAY CELEBRATION ON MARCH 23, 2024. (BB) SALISBURY HOUSE 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON MARCH 29, 2024. 2 (CC) TANGERINE FOOD CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON MARCH 29, 2024. (DD) THIRSTY PIGS 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR HOPS & HOOPS ON MARCH 21 - 23, 2024. (EE) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR OPEN HOUSE ON MARCH 22, 2024. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 6. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 7. Ordering construction of the following: (A) 2024 Citywide Pavement Marking Program: Receiving of bids, (4-2-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $450,000. (Council Communication No. 24-120) (B) 2024 Citywide PCC Pavement Patching Program: Receiving of bids, (4-2-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $1,567,000. (Council Communication No. 24-117) (C) Bill Riley Trail Resurfacing from Ashworth Pool to Gray’s Lake: Receiving of bids, (4-2-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $970,000. (Council Communication No. 24-118) 8. Approving Professional Services Agreement with Kirkham Michael & Associates, Inc. for professional services for Douglas Avenue Improvements – Merle Hay Road to Martin Luther King Jr. Parkway, not to exceed $703,000. (Council Communication No. 24-113) 9. Approving exception to Request for Proposal (RFP) process for good cause and approving Professional Services Agreement with Bolton & Menk, Inc. for design services for 2nd Avenue Improvements from Court Avenue to Interstate 235, not to exceed $147,778. (Council Communication No. 24-114) 3 10. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Kirkham Michael & Associates, Inc. for additional professional services for Tuttle Street from SW 14th Street to SW 16th Street, not to exceed $192,000. (Council Communication No. 24-115) 11. Approving Private Construction Contract between Estes Construction and Meridian at Gray’s Landing LLC for storm sewer improvements in 425 SW 11th Street. 12. Approving completion and acceptance of private construction contract between Corell Contractor, Inc. and Coppola Enterprises, Inc. for paving, sanitary sewer and storm sewer improvements in The Creek at Echo Valley Plat 1. 13. Accepting completed construction and approving final payment for the following: (A) Near West Side Sewer Separation Phase 4, Synergy Contracting, LLC. (B) Animal Control Facility Bid Package No. 1 – Structural Steel and Erection, Jensen Builders Ltd. (C) Animal Control Facility Bid Package No. 4 – Concrete Building Foundations and Slab on Grade, Jensen Builders Ltd. (D) Animal Control Facility Bid Package No. 5 – Masonry, Seedorff Masonry, Inc. (E) Animal Control Facility Bid Package No. 7 – Roofing and Sheetmetal, Academy Roofing & Sheet Metal of the Midwest, Inc. d/b/a Academy Roofing & Sheet Metal Co. (F) Animal Control Facility Bid Package No. 9 – Drywall, Framing, Acoustic Ceilings and Painting, 1st Interiors, Inc. (G) Animal Control Facility Bid Package No. 12 – Kennels and Cat Cages, Midmark Corporation. (H) Animal Control Facility Bid Package No. 16 – Site Paving, Jensen Builders Ltd. (I) Animal Control Facility Bid Package No’s 3, 6, 8, 10 and 11 – General Carpentry, Architectural, Millwork, Glazing and Metal Panels, Tile and Fluid Applied Flooring, Woodruff Construction, Inc. 4 SPECIAL ASSESSMENTS 14. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-03. LAND/PROPERTY TRANSACTIONS 15. Releasing PUD restoration bond for Southern Horizon Condominiums (Meadowlands PUD) in the vicinity of 7400 Meadowlands Drive. 16. Approval of four (4) tax abatement applications for work completed in 2023. (Council Communication No. 24-122) 17. Authorization to proceed with acquisition of the necessary property interests for the 2026 Neighborhood Sidewalk Program. (Council Communication No. 24-119) BOARDS/COMMISSIONS/NEIGHBORHOODS 18. Approving appointments to the Transportation Safety Committee with a term expiring December 31, 2026, as follows: (A) From the Iowa Department of Transportation District One, Seat 11, Shelby Ebel. (B) From the Polk County Health Department, Seat 12a, Helen Eddy as Primary and Seat 12b, Juan Carlos Cadenillas as Alternate. SETTING DATE OF HEARINGS 19. On conveyance of vacated alley right-of-way located south of and adjoining 1319 E. Oak Park Avenue to Jessica Norris, $25, (4-1-24). 20. Number not used. 21. On a request from Stamoreno, LLP (Anthonius M. Stam, Officer) for property located at 2505 E. 40th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to Low-Medium Density Residential and to rezone the property from “N3a” Neighborhood District to “N3a-2” Neighborhood District, to allow the development of the property for two- household (duplex) units, (4-1-24). 5 22. On a request from Ecosource, LLC (Darren Fife, Officer) to rezone property located in the vicinity of 1001 Raccoon Street from “DXR” Downtown District to Limited “EX” Mixed Use District, to allow the expansion of an existing industrial service, warehousing, and office use with conditions, (4-1-24). 23. On a request from Hurd Ingersoll, LLC (Richard Hurd, Officer) for multiple parcels located in the vicinity of 3121 Ingersoll Avenue and 3111 Ingersoll Avenue to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Neighborhood Mixed Use and Low Density Residential within a Community Node to Community Mixed Use within a Community Node, and to rezone the northwest portion of the site from “RX1” Mixed Use District to “MX2” Mixed Use District and to rezone the northernmost parcel from “N5” Neighborhood District to “RX1” Mixed Use District, to allow development of a mixed-use (commercial and residential) building, a multiple-household building, and rowhome buildings, (4-1-24). 24. On a request from Wat Lao Buddhavath of Iowa (Phetsamone Dary, Officer) to rezone property located in the vicinity of 1806 E. Park Avenue, approximately the northernmost 50 feet of the two (2) parcels, from “N3a” Neighborhood District to Limited “P2” Public, Civic, and Institutional District to allow construction of an open-air accessory building for meditation and other uses associated with an “Assembly, Place of Worship” use, (4-1-24). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25. Approving payment to Patrick Kelehan for a property damage claim. APPROVING 26. Community Development Block Grant (CDBG) award of $1,000,000 to Ellipsis. Inc. for the rehabilitation of 5525 Meredith Drive into supportive living and qualified residential treatment facilities for foster youth. (Council Communication No. 24-107) 27. Release of Community Development Block Grant – Disaster Recovery (CDBG-DR) Liens on Franklin Field Apartments at 5250 Franklin Avenue. (Council Communication No. 24-106) 28. Memorandum of Understanding (MOU) to support the Central Iowa Code Consortium (CICC). (Council Communication No. 24-121) 6 29. Parking License Agreement with United States General Services Administration for Third and Court Garage. 30. Contract with Frontline Warning Systems, Inc. for design, installation and software services for outdoor warning system replacement, not to exceed $1,622,401. (Council Communication No. 24-126) 31. Application for the 2025 Governor's Traffic Safety Bureau (GTSB) Law Enforcement Highway Safety grant, $246,333. (Council Communication No. 24-103) 32. Communication from the Des Moines Downtown Farmer’s Market, requesting approval of placement for up to 35 banners to be displayed on banner poles in downtown Des Moines Historic Court District beginning April 1, 2024. 33. Abatement of public nuisances as follows: (A) 908 E. Ovid Avenue. (B) 4236 E. Ovid Avenue. (C) 913 E. 23rd Street. (D) 712 Marion Street. (E) 1208 E. Watrous Avenue. 34. Purchase from K M International (Suong Rho, CEO) of one (1) additional asphalt recycler per Sourcewell Contract for use by the Public Works Department, $101,365. (Council Communication No. 24-110) 35. Purchase from Keltek, Inc. (Michelle Jensen, President and CEO) of emergency vehicle equipment per State of Iowa Contracts, NASPO ValuePoint Master Agreement and State of Iowa Participating Addendum for use by the Police Department, $252,637.16. (Council Communication No. 24-102) 36. Purchase from Quality Cut Lawn Care LLC (Steve Darcy, President) of landscape installation for Fleur Drive Medians Phase Three Renovation project for use by the Parks and Recreation Department, $247,710.95. (Two hundred fifty-two (252) potential bidders, seven (7) received). (Council Communication No. 24-104) 7 37. Receive and file the Comprehensive Annual Financial Report for the City of Des Moines for the year ending June 30, 2023. (Council Communication No. 24-111) 38. Authorizing Finance Director to draw checks on registers for the weeks of March 18 and 25, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of March 18 and 25, 2024; to draw checks for biweekly payroll due March 22, 2024. ORDINANCES - FINAL CONSIDERATION 39. On vacation of a portion of the Masonic Temple Cemetery, located southwest and interior to the intersection of 48th Street and Franklin Avenue. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 40 THRU 46) 40. 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. (A) First consideration of ordinance above. 41. On vacation of a segment of Littell Avenue right-of-way located between Fleur Drive and Army Post Road. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Sara Arnold, Airport Project Engineer ), requires six votes. 42. 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. 8 43. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 44. 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. (Choose one alternative below) (Requires six votes to approve due to Plan and Zoning Commission denial) (A) Deny. OR (B) Continue to April 1, 2024 Council meeting and direct the City Manager and Legal Department to prepare the necessary legislation to approve. 45. On approval of the 2023 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER). (Council Communication No. 24-105) 46. On 30th Street Sidewalk from Urbandale Avenue to Euclid Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as MPS Engineers, PC d/b/a Kingston Services, PC (Umesh G. Shetye, President), $208,879.50. (Council Communication No. 24-116) (A) Approval of contract and bond. *****END HEARINGS AT ___________________PM***** 9 ORDINANCES FIRST CONSIDERATION 47. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-112) (A) Parking Modifications – E Park Avenue from SE 21st Street to SE 22nd Street. (B) Parking Modifications – Scott Avenue from SE 10th Street to SE 11th Street. (C) Parking Modifications related to Stanton Ridge Plat 1 Development: (1) SW 23rd Street from Stanton Avenue to Emma Avenue. (2) SW 29th Street from Stanton Avenue to Emma Avenue. (3) Emma Avenue from SW 23rd Street to SW 29th Street. (D) Parking Restriction – SW 9th Street between Bell Avenue and Loomis Avenue. (E) Parking Restriction – Scott Avenue between SE 18th Street and the cul-de-sac to the west. (F) Code Correction – Corning Avenue between 6th Avenue and East Dead End. (G) Alley Loading Restriction – East/West Alley between E. Grand Avenue, E. Locust Street, E. 4th Street and E. 5th Street. (H) Parking Modification –South side of Locust Street between 4th Street and 5th Avenue. (I) Parking Modification – South side of Grand Avenue between 2nd Avenue and 3rd Street. (J) Corner Clearance Parking Restrictions: (1) 37th Street and Kingman Boulevard. (2) Oaklyn Drive and Lower Beaver Road. 48. Amending Chapter 82 of the Municipal Code relating to the Urban Design Review Board. (Council Communication No. 24-125) 49. Amending Chapter 58 of the Municipal Code relating to the elimination of the Landmark Review Board and providing various functions and services under the Historic Preservation Commission and Development Services Department. (Council Communication No. 24-124) 50. Amending Chapters 134 and 135 of the Municipal Code relating to expedited Type 2 design alternatives review; value determinations; Type 1 design alternatives; Type 2 design alternatives; and large-scale development requirements. (Council Communication No. 24-123) 51. Amending Chapter 42 of the Municipal Code relating to the enforcement of nuisance vegetation management. (Council Communication No. 24-108) 10 COMMUNICATIONS/REPORTS 52. Requests to speak as follows: (A) Aaron Stacy Roberts (B) Adam Callanan (C) Jean O’Donnell (D) David Joiner (E) Veola Perry (F) Harvey Harrison (G) Peggy Fitch (H) Carol Maher 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 11

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