City Council

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 April 15, 2024 5:00 PM PROCLAMATIONS – 4:50 PM Fair Housing Month Arbor Day 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 50: *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 APPLICATIONS (A) DM RENAISSANCE FAIR 4051 DEAN AVE (EAST) Class C Liquor (B) HOMETOUCH KITCHEN LLC 1552 E GRAND AVE #D Class C Liquor (C) HUGOS 3206 UNIVERSITY AVE Class C Liquor (D) PRIME SPOT 2355 E UNIVERSITY AVE Class B Retail (E) SLEEPY HOLLOW 4051 DEAN AVE (WEST) Special Class C (F) TABLE 128 220 SW 9TH ST Class C Liquor RENEWAL APPLICATIONS (G) 14TH STREET TAVERN 3418 E 14TH ST Class C Liquor (H) ALLORA 1459 GRAND AVE Class C Liquor (I) ALPINE TAP ROOM 2720 INGERSOLL AVE Class C Liquor (J) ARTISANAL FOOD CO 2801 FLEUR DR Class C Liquor (K) BARATTAS RESTAURANT 2320 SOUTH UNION ST Class C Liquor (L) BROKEN SPOKE BAR 3925 E 14TH ST Class C Liquor 1 (M) CAPITAL CITY MOOSE 2515 WEDGEWOOD RD Class F Retail (N) CASEYS #3953 3121 FOREST AVE Class E Liquor (O) CASEYS #4026 3401 INGERSOLL AVE Class B Retail (P) DEEP SUPERMARKET 5900 SE 14TH ST #101 Class B Retail (Q) DES MOINES MARRIOTT 700 GRAND AVE Class C Liquor (R) EMBASSY SUITES HOTEL 101 E LOCUST ST Class C Liquor (S) GERRIS 232 E 30TH ST Class C Liquor (T) GIT N GO STORE #5 2700 INDIANOLA AVE Class B Retail (U) GREENWOOD LOUNGE 3707 INGERSOLL AVE Class C Liquor (V) HELLO MARJORIE 717 LOCUST ST #A Class C Liquor (W) JOHNNYS HALL OF FAME 302 COURT AVE Class C Liquor (X) LA RANCHERITA 1106 ARMY POST RD Class C Liquor (Y) MARIAS MEXICAN 5405 DOUGLAS AVE Class C Liquor (Z) OASIS 1401 BUCHANAN ST Class E Liquor (AA) OLIVE GARDEN 6157 SE 14TH ST Class C Liquor (BB) SCORNOVACCAS 1930 SE 14TH ST Class C Liquor (CC) THAI FLAVOR 2301 INGERSOLL AVE Class C Liquor (DD) WICKED RABBIT 1101 ARMY POST RD Class C Liquor (EE) WORLD LIQUOR & TOBACCO 3200 SE 14TH ST Class E Liquor SPECIAL EVENT APPLICATIONS (FF) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 4, 2024. (GG) BLUE RIBBON BACON FESTIVAL 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON MAY 4, 2024. (HH) BUZZARD BILLYS 615 3RD ST 5 days CLASS C LIQUOR LICENSE FOR ZACK BRYAN CONCERTS ON APRIL 25 - 26, 2024. (II) IMPALA BALLROOM 2251 GEORGE FLAGG 5 days CLASS C LIQUOR LICENSE FOR CINCO DE MAYO ON MAY 5, 2024. (JJ) MARKET TO MARKET RELAY 252 E 3RD ST (TENT) 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR POST PARTY ON MAY 11, 2024. (KK) TANGERINE FOOD COMPANY 100 LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR MAD HATTER EVENT ON MAY 10 - 11, 2024. (LL) THIRSTY PIGS LLC 1363 27TH ST 5 days CLASS C LIQUOR LICENSE FOR ALUMNI REUNION ON APRIL 26 - 27, 2024. 2  (MM)WINEFEST DES MOINES 111 E GRAND AVE #11 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON APRIL 27, 2024. (NN) WINEFEST DES MOINES 50 FOREST AVE #101 5 days CLASS C LIQUOR LICENSE FOR UNEXPECTED CELLAR EVENT ON MAY 10, 2024. OUTDOOR SERVICE APPLICATIONS (OO) LUCKY HORSE 2331 UNIVERSITY AVE Class C Liquor PERMANENT. (PP) PEGGYS TAVERN 3020 FOREST AVE Class C Liquor TEMPORARY FOR DRAKE RELAYS ON APRIL 21 – 28, 2024. 4-I Consideration of 8-month Special Class C Liquor License (Beer/Wine) for Drake University Stadium, 2719 Forest Avenue. Pending approval of Building, Electrical, Fire and Zoning Departments. Sponsor: Mayor Boesen. PUBLIC IMPROVEMENTS 5. Ordering construction of the following: (A) SW 9th Street Rehabilitation from Emma Avenue to Leach Avenue: Receiving of bids, (5-7-24) and Setting date of hearing, (6-3-24), Engineer’s estimate, $640,000. (Council Communication No. 24-165) (B) 2024 HMA Rural Paving Program – LOSST: Receiving of bids, (5-7-24) and Setting date of hearing, (6-3-24), Engineer’s estimate, $474,000. (Council Communication No. 24-166) (C) Brenton Skating Plaza Building Repair: Receiving of bids, (5-7-24) and Setting date of hearing, (6-3-24), Engineer’s estimate, $675,000. (Council Communication No. 24-167) 6. Approving Agreement with McGough Construction Co., LLC for Construction Manager at Risk services for the City Facility Expansion Phase 1 Improvements, with pre- construction services not to exceed $71,120. (Council Communication No. 24-163) 3  7. 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 $606,860. (Council Communication No. 24-162) 8. Approving Professional Services Agreement with Kirkham Michael & Associates, Inc. for professional services for 2024 Sewer Repair Contract 1, not to exceed $113,000. (Council Communication No. 24-161) 9. Approving Private Construction Contracts between the following: (A) Legacy Excavation, LLC and Timbercrest Homes. LLC for sanitary and storm sewer improvement in Three Lakes Estates Plat 13. (B) Ryan Companies US, Inc. and Kemin Industries, Inc. for sanitary sewer improvements in 2200 Maury Street. (C) Vanderpool Construction, Inc. and Greater Des Moines Habitat for Humanity for paving, sanitary and storm sewer improvements in Carter Court. 10. Accepting completed construction and approving final payment for the following: (A) Demolition of former Public Works Facility at 216 SE 5th Street and 108 SE 5th Street, Earth Services & Abatement, LLC d/b/a Iowa Demolition. (B) Animal Control Facility Bid Package No. 13 – Fire Suppression, Midwest Automatic Fire Sprinkler Co. (C) 4th & Grand Parking Garage Skywalk Improvements, Bergstrom Construction, Inc. SPECIAL ASSESSMENTS 11. Levying assessments for costs of Public Works sewer repair at 1246 E. 13 th Street, Schedule No. 2024-02. 12. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-04. 13. Rescinding of NAC – Emergency Assessment at 1925 E. Grand Avenue. 4 LAND/PROPERTY TRANSACTIONS 14. Releasing subdivision bond for Grandview Meadows. 15. Approval of one tax abatement application for work completed in 2021. (Council Communication No. 24-149) BOARDS/COMMISSIONS/NEIGHBORHOODS 16. Recommendation from Council Member Westergaard to appoint Tye Reiman to the Access Advisory Board, Seat 13, for a term expiring June 15, 2027. 17. Recommendation from Council Member Westergaard to appoint Taylor Sellers to the Urban Design Review Board, Seat 9, for a term expiring June 30, 2024. 18. Recommendation from Council Member Voss to reappoint James Sarcone III to the Housing Appeals Board, Seat 3, for a three-year term expiring March 16, 2027. 19. Communication from Blake Hanson advising of his resignation from Transportation Safety Committee, Seat 8, effective immediately. 20. Communication from Justin Gross advising of his resignation from Zoning Board of Adjustment, Seat 6, effective April 26, 2024. 21. Amendment to the procedural & administrative rules of the Urban Design Review Board. SETTING DATE OF HEARINGS 22. On conveyance of City-owned property at 1411 17th Street to Home Opportunities Made Easy, Inc. (HOME, Inc.) for redevelopment of housing, (5-6-24). 23. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area Regional Transit Authority, $3,860,000, (5-6-24). 24. On a request from Pacific Star Communications, Inc. (Molly Winkler, Officer) regarding portions of two (2) parcels located in the vicinity of 3900 E. Broadway Avenue 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 from “N2a” Neighborhood District to Limited “MX3” Mixed Use District to allow use of the property for an “Industrial Service, Light” use, (5-6-24). 5  25. On a request from LG Enterprises, LLC (Christopher Pruisner, Officer) regarding property located in the vicinity of 3108 SW 9th Street to rezone the property from Limited “MX1” Mixed Use District to Limited “MX1” Mixed Use District, to remove the zoning condition that prohibits any sale or service of alcoholic liquor, wine, and/or beer on the property, (5- 6-24). 26. On approval of a license agreement with Capital City Pride-Des Moines for use of a portion of right-of-way at E. Grand Avenue and E. 5th Street for a temporary art installation, (5-6- 24). 27. On Fifth Amendment to Concession Agreement for the Birdland Marina Concessions with Less Than Trinity, LLC d/b/a Captain Roy’s, (5-6-24). (Council Communication No. 24-157) LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 28. Approving payment in settlement to Jacob Sahr. APPROVING 29. Request to Polk County and approving development agreements of tax sale properties for development and/or rehabilitation of housing. (Council Communication No. 24-160) 30. Second amendment to the agreement with Iowa State University of Science and Technology (ISU) for application of technology-based solutions to assess property conditions. (Council Communication No. 24-151) 31. Parking License Agreement with Business Publications Corporation, Inc. to assist with the retention and expansion of its home office facilities and operations. (Council Communication No. 24-150) 32. Acknowledging dissolution of joint City-Polk County Trails and Greenways Advisory Committee (TAG). (Council Communication No. 24-156) 6 33. Operation and maintenance agreement between City of Des Moines and Des Moines Singletrack Association for mountain bike trail development, maintenance, and operations. (Council Communication No. 24-155) 34. Agreement with Des Moines Association of Professional Firefighters, Local 4 and the City of Des Moines for period July 1, 2024 through June 30, 2027. (Council Communication No. 24-154) 35. Abatement of public nuisances as follows: (A) 1330 5th Avenue. (B) 1710 Forest Avenue. (C) 312 SE 25th Court. (D) 200 Euclid Avenue to continue indefinitely, continued from the February 19, 2024 meeting. 36. Renewing Highland Park Self-Supported Municipal Improvement District (SSMID) for an additional five years from July 1, 2024 to June 30, 2029. 37. Receive and file communication from the Highland Park SSMID Board regarding the levy for the Highland Park Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 24-153) 38. Receive and file communication from the Beaverdale SSMID Board regarding the levy for the Beaverdale Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 24-153) 39. Receive and file communication from the Roosevelt Cultural District SSMID Board regarding the levy for the Roosevelt Cultural District Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 24-153) 40. Receive and file communication from the Sherman Hill SSMID Board regarding the levy for the Sherman Hill Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 24-153) 41. Budget for the Downtown Self-Supported Municipal Improvement District for the fiscal year ending June 30, 2025. (Council Communication No. 24-153) 7 42. Budget for the Ingersoll-Grand Self-Supported Municipal Improvement District for the fiscal year ending June 30, 2025. (Council Communication No. 24-153) 43. Budget for the SW 9th Corridor Self-Supported Municipal Improvement District for the fiscal year ending June 30, 2025. (Council Communication No. 24-153) 44. Center Street Park and Ride Facility annual budget to Des Moines Regional Transit Authority (DART) and authorization of budget expenditures. (Council Communication No. 24-153) 45. Fund transfer resolution of the City of Des Moines (FY 2024). (Council Communication No. 24-153) 46. Fund transfer resolution of the City of Des Moines (FY 2025). (Council Communication No. 24-153) 47. Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects. (Council Communication No. 24-153) 48. Receive and file Quarterly Treasurer’s Report as of March 31, 2024. 49. Authorizing Finance Director to draw checks on registers for the weeks of April 15, 22 and 29, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of April 15, 22 and 29, 2024; to draw checks for biweekly payroll due April 19 and May 3, 2024. 8 ORDINANCES - FINAL CONSIDERATION 50. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (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. * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 51 THRU 61) 51. 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. (A) First consideration of ordinance above. 52. On issuance of a Replacement Quit Claim Deed conveying vacated alley right-of-way located at 2814 7th Street to Cold Storage Rehab, LLC. 53. Dismissing hearing on conveyance of City-owned property at 1916 Washington Avenue to Greater Des Moines Habitat for Humanity for redevelopment of housing. (Council Communication No. 24-159) 9 54. On consideration of the recommended Capital Improvement Program (CIP) for fiscal years 2024-25 through 2027-28. (Council Communication No. 24-153) 55. On amendment to the annual budget for current fiscal year ending June 30, 2024. (Council Communication No. 24-153) 56. On proposed budget for the fiscal year ending June 30, 2025. (Council Communication No. 24-153) 57. 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, and to continue to the May 6, 2024 Council meeting. 58. On 2024 Hot Mix Asphalt (HMA) Residential Paving Program Contract 1: 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), $695,711. (Council Communication No. 24-169) (A) Approval of contract and bond. 59. On 2024 Sidewalk and Pedestrian Ramp Replacement Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $505,150. (Council Communication No. 24-171) (A) Approval of contract and bond. 60. On Locust Street Resurfacing from the Des Moines River to 9th Street: 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 (Jeffry Rasmussen, President), $475,583. (Council Communication No. 24-168) (A) Approval of contract and bond. 10  61. On SW 56th Street Rehabilitation from Leland Avenue to Wolcott Circle: 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), $411,711. (Council Communication No. 24-170) (A) Approval of contract and bond. ****END HEARINGS AT ________________PM**** ORDINANCES FIRST CONSIDERATION 62. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-164) (A) Parking Restriction – E. Lacona Avenue between SE 6th Street and SE 14th Street. (B) Parking Restriction – Lawnwoods Drive between Aurora Avenue and the dead-end north of Aurora Avenue. 63. Amending Chapter 118 of the Municipal Code relating to the Equivalent Residential Unit (ERU) rate to be applied to residential and non-residential properties (Stormwater Utility rate increases). (Council Communication No. 24-152) (A) Final consideration of ordinance above (waiver requested by Nick Schaul, Finance Director), requires six votes. 64. Amending Chapter 3 of the Municipal Code relating to administrative appeals and income setoff procedures. COMMUNICATIONS/REPORTS 65. Requests to speak as follows: (A) Raymond Jackson (B) Raquel Kentner (C) Carolyn Uhlenhake Walker (D) Kelly Borgmann (E) Lora Fraracci (F) Adam Callanan MOTION TO ADJOURN. 11 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