City Council

*** 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 April 1, 2024 5:00 PM Swearing in Ceremony 4:45 PM Mike Simonson, At-Large PROCLAMATIONS – 4:50 PM John Pat Dorrian 24-0471 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Voss participated in the meeting by phone. 24-0472 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0473 3. APPROVING CONSENT AGENDA * – items 3 through 39: Moved by Coleman to adopt the balance of the Consent Agenda. Second by Gatto. Motion Carried 7-0. 1 4/1/2024  *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 24-0474 4. Approving Alcoholic Beverage License Applications for the following: Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. Council Member Coleman votes no on item 4L. RENEWAL APPLICATIONS (A) BIG DOG BILLIARDS 4510 E 14TH ST Class C Liquor (B) BLISS NAILS & BAR 208 4TH ST Class C Liquor (C) CHICAGO SPEAKEASY 1520 EUCLID AVE Class C Liquor (D) DES MOINES YACHT CLUB 2617 INGERSOLL AVE Class C Liquor (E) DJANGO BANQUET FACILITIES 1430 LOCUST ST Class C Liquor (F) DOLLAR GENERAL #21816 604 LOCUST ST #101 Class B Retail (G) DOWNTOWN PANTRY 218 6TH AVE 101 Class E Liquor (H) HARBINGER RESTAURANT 2724 INGERSOLL AVE Class C Liquor (I) JOHNNYS ITALIAN 6800 FLEUR DR Class C Liquor (J) LEFTYS LIVE MUSIC 2307 UNIVERSITY AVE Class C Liquor (K) NEW ORIENTAL FOOD STORE 515 E GRAND AVE Class B Retail *(L) ROYAL FOOD & LIQUOR 1443 2ND AVE Class E Liquor SPECIAL EVENT APPLICATIONS (M) CHRIST THE KING 5711 SW 9TH ST 5 days CLASS C LIQUOR LICENSE FOR 2024 PARISH AUCTION - PROM NIGHT ON APRIL 13, 2024. (N) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER EVENTS ON APRIL 12 - 13, 2024. OUTDOOR SERVICE APPLICATION (O) STRIKING SPARROW LOUNGE 1930 SE 6TH ST Class C Liquor PERMANENT. 2 4/1/2024  PUBLIC IMPROVEMENTS 5. Ordering construction of the following: 24-0475 (A) Thomas Beck Road Improvements from Bancroft Street to Courtland Drive: Receiving of bids, (4-16-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $850,000. (Council Communication No. 24-147) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0476 (B) Fleur Drive Rehabilitation from McKinley Avenue to Army Post Road: Receiving of bids, (4-16-24) and Setting date of hearing, (5-6-24), Engineer’s estimate, $2,400,000. (Council Communication No. 24-148) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0477 6. Approving and authorizing the execution of Iowa Department of Transportation (IDOT) Agreement for improvements along SE 14th Street (US 69) from the Des Moines River Bridge north to the viaduct over MLK Parkway, including reconfiguration of the Maury Street intersection to offset ‘T’ intersections. (Council Communication No. 24-141) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0478 7. Approving Supplemental Agreement No. 6 to the Professional Services Agreement (PSA) with Kirkham Michael & Associates, Inc. for additional design services for Southeast Connector – SE 30th Street to U.S. 65, not to exceed $295,000. (Council Communication No. 24-142) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0479 8. Approving completion and acceptance of private construction contract between Concrete Technologies, Inc. and TK Development, LLC for paving improvements in Southwoods Estates Plat 3. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0480 9. Communication from contractor requesting permission to sublet certain items on a public improvement project. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 10. Accepting completed construction and approving final payment for the following: 24-0481 (A) 2021 HMA Residential Paving Program Contract, Grimes Asphalt and Paving Corporation. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0482 (B) Cohen Park Shelter and Sport Court Improvements, Lansink Construction, Inc. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0483 (C) SE 6th Street Reconstruction from E. Hillside Avenue to E. Edison Avenue, Brothers Cleaning Corporation. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 3 4/1/2024  SPECIAL ASSESSMENTS 24-0484 11. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-04. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0485 12. Authorizing release of special assessments for 1411 17th Street acquired through the tax sale certificate process. (Council Communication No. 24-135) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-0486 13. Communication from Bob Mahaffey advising of his resignation from the Library Board of Trustees, Seat 5, effective immediately. Moved by Coleman to receive, file and accept resignation with appreciation for his service. Second by Gatto. Motion Carried 7-0. 24-0487 14. Recommendation from Mayor Boesen to appoint Kimberley Strope-Boggus to the Library Board of Trustees, Seat 5, for a term expiring June 30, 2026. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0488 15. Recommendation from Council Member Mandelbaum to reappoint Erin Bowers to the Building and Fire Code Board of Appeals, Seat 6, for a three-year term expiring April 1, 2027. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0489 16. Recommendation from Council Member Gatto to reappoint Dave Dykstra to the Building and Fire Code Board of Appeals, Seat 7, for a three-year term expiring April 1, 2027. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. SETTING DATE OF HEARINGS 24-0490 17. On conveyance of City-owned property at 1916 Washington Avenue to Greater Des Moines Habitat for Humanity for redevelopment of housing, (4-15-24). Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0491 18. On vacation of a section of the north-south alley right-of-way located in the block bounded by New York and Corning Avenue and 7th and 8th Streets near 2814 7th Street and conveyance to Cold Storage Rehab, LLC, (4-15-24). Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0492 19. On issuance of a Replacement Quit Claim Deed conveying vacated alley right-of-way located at 2814 7th Street to Cold Storage Rehab, LLC, (4-15-24). Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 4 4/1/2024 24-0493 20. On the proposition to authorize a lease agreement in the principal amount not to exceed $75,000 for the purpose of renting a bucket truck for the Forestry Department, (4-15-24). Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 21. On items regarding the budget, (4-15-24): (Council Communication No. 24-132) 24-0494 (A) Adoption of the Capital Improvement Program (CIP) for fiscal year (FY) 2024-25 through FY 2027-28. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0495 (B) On amendment to the annual budget for current fiscal year ending June 30, 2024. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0496 (C) On proposed budget for the fiscal year ending June 30, 2025. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0497 22. Approving payment to Tim Guevara and his attorney for a personal injury claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0498 23. Approving payment to Carlos Jiminez-Soriano for a Workers’ Compensation Claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. APPROVING 24-0499 24. Memorandum of Understanding (MOU) with Invest DSM, Inc. whereby Invest DSM, Inc. serves as a fiscal agent for the City’s Neighborhood Block Challenge Grant Program (Council Communication No. 24-136) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0500 25. Invest DSM’s designation of two new Special Investment Districts for planning and revitalization work in Union Park and North of Grand/Woodland Heights. (Council Communication No. 24-139) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0501 26. Final terms of an Urban Renewal Development Agreement and Minimum Assessment Agreement with Kemin Industries, Inc. and Kemin Holdings, LC for the construction of a 340,500 square foot warehouse at 606 SE 23rd Street and approving conceptual development plan. (Council Communication No. 24-138) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 27. Number not used. 5 4/1/2024 24-0502 28. Des Moines Fire Department and Tri-City Fire and Safety Training (FAST) Center Tower Use Agreement. (Council Communication No. 24-129) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0503 29. Facility Use Agreement with World Triathlon Corporation d/b/a IRONMAN for use of Gray’s Lake Park and the Meredith and Kruidenier Trails for the 2024 IRONMAN Triathlon. (Council Communication No. 24-131) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0504 30. Agreement with Bike World for Parks and Recreation Department bicycle rentals. (Council Communication No. 24-130) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0505 31. Application for the 2024 Project Safe Neighborhood Grant through the State Office of Drug Control Policy. (Council Communication No. 24-133) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 32. Number not used. 24-0506 33. Use of various City Facilities as poll sites for the Polk County Primary Election on Tuesday, June 4, 2024. Moved by Coleman to approve. City Clerk will notify the Parks Department to arrange access to the buildings. Second by Gatto. Motion Carried 7-0. 24-0507 34. Agreement for professional services for maintenance of the Engineering database and report generator applications with Nestingen Inc. d/b/a RelyDB and approving good cause exception to procurement ordinance. (Council Communication No. 24-143) Moved by Mandelbaum to adopt and refer to the City Manager and staff to look at adding additional tracking of some key metrics, including change orders, liquidated damages and timeliness of completion. Second by Gatto. Motion Carried 7-0. 24-0508 35. Agreement with Lincoln Financial Group (Ellen G. Cooper, Chairman, President and Chief Executive Officer) for the provision of group and supplemental life insurance, long-term disability and supplemental health insurance benefits for eligible employees for the period July 1, 2024 through June 30, 2027 and authorizing the City Manager to approve a three- year renewal. (Council Communication No. 24-128) Moved by Coleman to approve. Second by Gatto. Motion Carried 7-0. 36. Abatement of public nuisances as follows: 24-0509 (A) 310 E. Mckinley Avenue. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0510 (B) 2444 E. Walnut Street. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0511 (C) 709 SE 15th Court. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 6 4/1/2024 24-0512 37. Authorizing Finance Director to draw checks on registers for the weeks of April 1 and 8, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of April 1 and 8, 2024; to draw checks for biweekly payroll due April 5, 2024. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. ORDINANCES - SECOND CONSIDERATION 24-0513 38. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: Moved by Coleman that this ordinance be considered and given second vote for passage. Second by Gatto. Motion Carried 7-0. (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. (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. 24-0514 39. Amending Chapter 42 of the Municipal Code relating to the enforcement of nuisance vegetation management, as amended. Moved by Coleman that this ordinance be considered and given second vote for passage. Second by Gatto. Motion Carried 7-0. 24-0515 (A) Final consideration of ordinance above (waiver requested by Chris Johansen, Neighborhood Services Director), 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, #16,346. Second by Gatto. Motion Carried 7-0. * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 7 4/1/2024  HEARINGS (OPEN AT 5:00 PM) (ITEMS 40 THRU 48) 24-0516 40. On conveyance of vacated alley right-of-way located south of and adjoining 1319 E. Oak Park Avenue to Jessica Norris, $25. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-0517 41. Dismissing hearing 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-0518 42. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0519 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 24-0520 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,347. Second by Gatto. Motion Carried 7-0. 24-0521 43. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0522 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 8 4/1/2024 24-0523 (B) Final consideration of ordinance above (waiver requested by applicant), 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, #16,348. Second by Gatto. Motion Carried 7-0. 24-0524 44. 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. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0525 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 7-0. 24-0526 (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, #16,349. Second by Coleman. Motion Carried 7-0. 24-0527 45. On the proposition of the issuance of not to exceed $250,000 Stormwater Management Utility Revenue Capital Loan Notes (subordinate). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0528 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0529 46. On Border Street Rehabilitation from 80th Avenue to 85th Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as InRoads, LLC (Joseph J. Manatt, CEO), $248,848. (Council Communication No. 24-144) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0530 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 9 4/1/2024 24-0531 47. On Levee Trail Reconstruction from North Valley Drive to 63rd Street: 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), $340,976.40. (Council Communication No. 24-145) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0532 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0533 48. Reject all bids on Gray's Lake Parking Lot, Trail, and Dock Improvements and close hearing on the plans, specifications, form of contract documents, and engineer’s estimate. (Council Communication No. 24-146) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. ****END HEARINGS AT 5:17 PM**** ORDINANCES FIRST CONSIDERATION 24-0534 49. Amending Chapter 114 of the Municipal Code relating to traffic and vehicle regulations: (Council Communication No. 24-140) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. (A) Parking modifications – Ingersoll Avenue from 31st Street to Crescent Drive. 24-0535 (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, #16,350. Second by Gatto. Motion Carried 7-0. 24-0536 50. Amending Chapter 2 of the Municipal Code regarding employee residency requirement. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 24-0537 (A) Final consideration of ordinance above (waiver requested by Scott Sanders, City Manager), 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, #16,351. Second by Gatto. Motion Carried 7-0. 10 4/1/2024  COMMUNICATIONS/REPORTS 24-0538 51. Requests to speak as follows: Moved by Gatto to receive and file comments. Second by Mandelbaum. Motion Carried 7-0. (A) Lemuel King Jr. (B) David Joiner (C) Alejandro Orozco (D) Scott Rudicil (E) Jolene Prescott 52. CLOSED SESSION: 5:43 PM 24-0539 (A) Recess, and reconvene in closed session pursuant to Section 21.5, subsection 1, paragraph i of the Iowa Code, to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session. Moved by Gatto to adopt. Second by Coleman. Motion Carried upon roll call 7-0. 24-0540 (B) Closed Session. 24-0541 (C) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 24-0542 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:57 PM. Second by Simonson. Motion Carried 7-0. 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 11 4/1/2024