City Council
Regular MeetingDes Moines, IA · May 6, 2024
Minutes
*** DES MOINES CITY COUNCIL MEETING REPORT ***
The City Council took the following action on items listed in the attached meeting
agenda summary. Copies of ordinances, resolutions and other Council action may
be obtained from the City Clerk's Office (515) 283-4209. The six-digit number
beginning with '24-' preceding each item on the agenda is a roll call number
assigned by the City Clerk. Please refer to this number when requesting
information or copies.
SUMMARY OF DES MOINES CITY COUNCIL MEETING
City Hall, City Council Chambers
400 Robert D. Ray Drive
Des Moines, Iowa 50309
May 6, 2024
5:00 PM
PROCLAMATIONS – 4:45 PM
Stamp Out Hunger Week
Drinking Water Week
Think Green This Spring
Asian American, Native Hawaiian, and Pacific Islanders Heritage Month
24-0634 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum
and Gatto.
24-0635 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto
to adopt. Second by Voss. Motion Carried 7-0.
24-0636 3. APPROVING CONSENT AGENDA * – items 3 through 46: Moved by Coleman to adopt
the balance of the Consent Agenda. Second by Gatto. Motion Carried 7-0.
1 5/6/2024
*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
24-0637 4. Approving Alcoholic Beverage License Applications for the following: Moved by
Coleman to adopt. Second by Gatto. Motion Carried 7-0.
RENEWAL APPLICATIONS
(A) AMERICANA 1312 LOCUST ST #102 Class C Liquor
(B) BEST FOOD MART 4028 E 14TH ST Class E Liquor
(C) CASEYS #3977 600 E 14TH ST Class B Retail
(D) CHEESE BAR 2 925 INGERSOLL AVE Class C Liquor
(E) CHICKEN SHACK 1501 E EUCLID AVE Special Class C
(F) CVS PHARMACY #10329 2303 MERLE HAY RD Class E Liquor
(G) DSM FOOD MART 2829 EASTON BLVD Class B Retail
(H) H & A MINI MART 145 UNIVERSITY AVE Class E Liquor
(I) HY VEE GRILLE #5 1107 E ARMY POST RD Class C Liquor
(J) LA TAPATIA 4 1606 6TH AVE Class B Retail
(K) LOUIES WINE DIVE 4040 UNIVERSITY AVE Class C Liquor
(L) LUCKY HORSE 2331 UNIVERSITY AVE Class C Liquor
(M) OLYMPIC FLAME 514 E GRAND AVE Special Class C
(N) QUIKTRIP #515 1421 INGERSOLL AVE Class B Retail
(O) ROCA & SHORTYS 208 COURT AVE Class C Liquor
(P) SCORNOVACCAS 1930 SE 14TH ST Class C Liquor
(Q) SMOKING GOAT PUB 3015 MERLE HAY RD #1 Class C Liquor
(R) SOUTH SIDE FOOD MART 1101 ARMY POST RD Class E Liquor
(S) THIRSTY SPORTSMAN 4808 SW 9TH ST Class C Liquor
(T) TWISTED VINE BREWERY 112 SE 4TH ST #100 Class C Liquor
(U) VIBES KITCHEN & BAR 1303 WALNUT ST Class C Liquor
(V) VOWS DSM 111 E GRAND AVE #109 Class C Liquor
(W) WATROUS TOBACCO 4001 SW 9TH ST Class B Retail
SPECIAL EVENT APPLICATIONS
(X) APRES BAR CO 100 LOCUST ST 5 days
CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 25, 2024
(Y) BUZZARD BILLYS 615 3RD ST 5 days
CLASS C LIQUOR LICENSE FOR DISTURBED CONCERT ON MAY 14 AND
CODY JOHNSON CONCERT ON MAY 17, 2024.
(Z) CHRISTIANIS EVENTS 4025 TONAWANDA 5 days
CLASS C LIQUOR LICENSE FOR AN EVENT ON MAY 30, 2024.
2 5/6/2024
(AA) CLAXONS SMOKEHOUSE & GRILL 120 E 5TH ST 5 days
SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A WEDDING ON
MAY 18, 2024.
(BB) GRAVES & IVERSON WEDDING 504 E LOCUST ST 5 days
CLASS C LIQUOR LICENSE FOR AN EVENT ON MAY 17, 2024.
(CC) IOWA ASIAN ALLIANCE 1203 LOCUST ST 5 days
SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON MAY
25 - 26, 2024.
(DD) IOWA CRAFT BREW FESTIVAL 2251 GEORGE FLAGG 5 days
SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE
1, 2024.
(EE) SA PRESENTS 2251 GEORGE FLASS 5 days
CLASS C LIQUOR LICENSE FOR WILLIE NELSON CONCERT ON MAY 25,
2024.
(FF) SA PRESENTS 2251 GEORGE FLAGG 5 days
CLASS C LIQUOR LICENSE FOR CAKE CONCERT ON MAY 11, 2024.
(GG) ST GEORGE GREEK ORTHODOX 1110 35TH ST 5 days
CLASS C LIQUOR LICENSE FOR FOOD FESTIVAL ON MAY 31 - JUNE 2, 2024.
(HH) TASTE! TO GO AND CATERING 4025 TONAWANDA DR 5 days
CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 25, 2024.
24-0638 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Coleman to
adopt. Second by Gatto. Motion Carried 6-1. Nays: Voss.
PUBLIC IMPROVEMENTS
24-0639 6. Ordering construction of 2024 HMA Resurfacing Program Contract 1: Receiving of bids, (5-
21-24) and Setting date of hearing, (6-3-24), Engineer’s estimate, $1,200,000. (Council
Communication No. 24-200) Moved by Coleman to adopt. Second by Gatto. Motion
Carried 7-0.
24-0640 7. Authorizing the application for a United States Department of Transportation (USDOT) Safe
Streets and Roads for All (SS4A) Implementation Grant. (Council Communication No. 24-
202) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
3 5/6/2024
24-0641 8. Approving and authorizing the execution of Iowa Department of Transportation (IDOT)
Agreement for the Intersection Improvements of 6th Avenue and Day Street. (Council
Communication No. 24-190) Moved by Coleman to adopt. Second by Gatto. Motion
Carried 7-0.
24-0642 9. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with
Bolton & Menk, Inc. for professional services for 2nd Avenue Reconstruction from
University Avenue to the Des Moines River, not to exceed $1,189,923. (Council
Communication No. 24-188) Moved by Coleman to adopt. Second by Gatto. Motion
Carried 7-0.
24-0643 10. Approving Change Order No. 6 with Jasper Construction Services, Inc. for additional work
on E. Court Avenue Reconstruction from Des Moines River to E. 7 th Street, $133,549.45.
(Council Communication No. 24-189) Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
24-0644 11. Authorizing and approving agreement with J.E. Dunn Construction Company for
Construction Manager at Risk Services for the North Side Community Recreation Center,
with Pre-Construction Services, not to exceed $60,518. (Council Communication No. 24-
201) Moved by Coleman to adopt; refer to the City Manager to schedule a work session
on this process and provide evaluations of other projects where it has been used. Second
by Voss. Motion Carried 7-0.
24-0645 12. Approving Guaranteed Maximum Price Amendment with Ryan Companies US, Inc. for
Construction Manager at Risk Services for the Des Moines Fire Station No. 4 Replacement,
not to exceed $239,705.46. (Council Communication No. 24-194) Moved by Coleman to
adopt. Second by Gatto. Motion Carried 7-0.
13. Approving Private Construction Contracts between the following:
24-0646 (A) J&K Contracting, LLC and Nelson Construction Services, LLC for sanitary and storm
sewer improvements in 418 E. 4th Street. Moved by Coleman to adopt. Second by
Gatto. Motion Carried 7-0.
24-0647 (B) Holzworth Construction, LLC and Hoyt, LLC for paving improvements in High Street
Lofts. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0648 14. Communication from contractors requesting permission to sublet certain items on public
improvement projects. Moved by Coleman to adopt. Second by Gatto. Motion Carried
7-0.
4 5/6/2024
SPECIAL ASSESSMENTS
24-0649 15. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement
of the Neighborhood Inspection Rental Code, Schedule No. 2024-05. Moved by Coleman
to adopt. Second by Gatto. Motion Carried 7-0.
BOARDS/COMMISSIONS/NEIGHBORHOODS
24-0650 16. Recommendation from Council Member Voss to reappoint Dave Kriens Jr. to the Building
and Fire Code Board of Appeals, Seat 10, 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
24-0651 17. On vacation of the north-south alley adjoining 811 Roosevelt Avenue and conveyance to
Central Iowa Hospital Corporation for $3800, (5-20-24). Moved by Coleman to adopt.
Second by Gatto. Motion Carried 7-0.
24-0652 18. On conveyance of a Permanent Easement for Sanitary Sewer Facilities and Quitclaim of
Interest in Existing Sanitary Sewer Facilities in City Property located east of SE 15 th Street
and north of E. Railroad Avenue for the WRA New Main Outfall, Phase 17, Segments 3 and
4 Project, to Des Moines Metropolitan Wastewater Reclamation Authority, (5-20-24).
Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0653 19. On conveyance of a Permanent Easement for Sanitary Sewer Facilities and Quitclaim of
Interest in Existing Sanitary Sewer Facilities in City Property located in Birdland Park for
the WRA Eastside Interceptor, Phase 27, Segments 6 and 7 Project, to Des Moines
Metropolitan Wastewater Reclamation Authority, (5-20-24). Moved by Coleman to adopt.
Second by Gatto. Motion Carried 7-0.
24-0654 20. On a request from GT Portfolio IA, LLC (Thomas Kuhn, Officer) to amend the PlanDSM
Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from
Low Density Residential within a Community Node to High Density Residential within a
Community Node and rezone 1427 5th Avenue from “N5” Neighborhood District to Limited
“NX2” Neighborhood Mix District, to allow re-use of an existing building for up to seven
(7) residential dwelling units, (5-20-24). Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
WITHDRAWN
24-0655 21. On a request from Sterling Investments, LLC (David Barzen, Officer) to rezone property
located at 1701 Pennsylvania Avenue from “N5” Neighborhood District to “N5-2”
Neighborhood District, to allow use of the property for two (2) household dwelling units, (5-
20-24).
5 5/6/2024
24-0656 22. On assessment of $500 penalty to Super Quick, 303 SE 30 th Street, for violation of Iowa
alcoholic beverage laws, (5-20-24). Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
24-0657 23. On the proposed Fifteenth Amendment to the Urban Renewal Plan for the SE AgriBusiness
Urban Renewal Area, (6-17-24). (Council Communication No. 24-186) Moved by
Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0658 24. On the proposed Nineteenth Amendment to the Urban Renewal Plan for the Central Place
Industrial Park Redevelopment Urban Renewal Plan, (6-17-24). (Council Communication
No. 24-187) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0659 25. On the proposed Thirty-Fourth Amendment to the Urban Renewal Plan for the Metro Center
Urban Renewal Area, (6-17-24). (Council Communication No. 24-205) Moved by
Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0660 26. On the proposed SE Industrial Urban Renewal Plan for the SE Industrial Urban Renewal
Area, (6-17-24). (Council Communication No. 24-206) Moved by Coleman to adopt.
Second by Gatto. Motion Carried 7-0.
LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS
24-0661 27. Approving payment to Amica Insurance on behalf of its insured Taylor Richards. Moved
by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0662 28. Approving payment to Dontez Tolson for a property damage claim. Moved by Coleman to
adopt. Second by Gatto. Motion Carried 7-0.
CITY MANAGER COMMUNICATIONS
24-0663 29. Submitting travel and training request for Connie Boesen. (Council Communication No.
24-181) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
APPROVING
24-0664 30. Subordination Agreements of Existing HOME Investment Partnership Program (HOME)
Mortgage on 3314 E. 7th Street and 1617 22nd Street to Central Bank Construction Loan to
Home Opportunities Made Easy (HOME, Inc.). (Council Communication No. 24-177)
Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
6 5/6/2024
24-0665 31. Submission of application to the State of Iowa for the Iowa Thriving Communities
designation. (Council Communication No. 24-178) Moved by Coleman to adopt. Second
by Gatto. Motion Carried 7-0.
24-0666 32. First Amendment to Urban Renewal Development Agreement with 420 Court Avenue, LLC
clarifying and approving temporary hours of operation and minimum size of grocery store.
(Council Communication No. 24-183) Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
24-0667 33. Issuance of Certificate of Completion for Euclid Foresight, LLC for Oak Park – Highland
Park Urban Renewal Project at 413 Euclid Avenue. Moved by Coleman to adopt. Second
by Gatto. Motion Carried 7-0.
24-0668 34. Des Moines Fire Department and CHP Community Business Associate Agreement.
(Council Communication No. 24-179) Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
24-0669 35. Operation agreement with Central Iowa Ultimate, Inc. (CIU) for the Recreation Ultimate
Frisbee Program. (Council Communication No. 24-172) Moved by Coleman to adopt.
Second by Gatto. Motion Carried 7-0.
36. Number not used.
24-0670 37. Release of judgement lien for 1520 Royer Street. (Council Communication No. 24-176)
Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0671 38. Authorizing Neighborhood Services Department to apply for and receive funds from Federal
Home Loan Bank to be used to fund Improving Our Neighborhoods (“ION”) Program.
(Council Communication No. 24-185) Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
39. Items regarding the Argonne Armory at 602 Robert D. Ray Drive: (Council Communication
No. 24-203)
24-0672 (A) Communication from the City Manager regarding the redevelopment. Moved by
Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0673 (B) Request from the City Manager to initiate proceedings for the designation as a Local
Landmark. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0674 40. Declaring the necessity for the City to proceed with the 1200 Locust Street Project, including
directing the City Manager to solicit proposals for potential uses for the existing City Hall.
(Council Communication No. 24-204) Moved by Coleman to adopt. Second by Gatto.
Motion Carried 7-0.
7 5/6/2024
41. Request for outdoor special events in accordance with “Franklin Junior High School” PUD
Conceptual Plan for property at 4801 Franklin Avenue:
24-0675 (A) Beaverdale Farmers Market, Tuesdays, June 4 through September 10, 2024. Moved
by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0676 (B) Knock and Drop Iowa, June 12, 2024. Moved by Coleman to adopt. Second by
Gatto. Motion Carried 7-0.
24-0677 (C) Beaverdale Bluegrass Music Festival, July 20, 2024. Moved by Coleman to adopt.
Second by Gatto. Motion Carried 7-0.
24-0678 42. Communication from the Greater Des Moines Partnership on behalf of the Downtown Team,
requesting approval of placement for up to 25 banners to be displayed on banner poles in
downtown Des Moines beginning June 1, 2024. Moved by Coleman to receive, file and
approve. Second by Gatto. Motion Carried 7-0.
43. Abatement of public nuisances as follows:
24-0679 (A) 3411 Hubbell Avenue. Moved by Coleman to adopt. Second by Gatto. Motion
Carried 7-0.
24-0680 (B) 2009 Lyon Avenue. Moved by Coleman to adopt. Second by Gatto. Motion
Carried 7-0.
24-0681 44. Exception to the procurement ordinance competitive bidding requirement for good cause,
approving the procurement of rolling greenhouse production benches from BFG Supply
Company, and approving negotiation and execution of an agreement with BFG Supply
Company. (Council Communication No. 24-174) Moved by Coleman to adopt. Second
by Gatto. Motion Carried 7-0.
24-0682 45. Senior Bond Issuance Certificate of Des Moines Metropolitan Wastewater Reclamation
Authority (WRA) Participating Community. Moved by Coleman to adopt. Second by
Gatto. Motion Carried 7-0.
24-0683 46. Authorizing Finance Director to draw checks on registers for the weeks of May 6 and 13,
2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the
weeks of May 6 and 13, 2024; to draw checks for biweekly payroll due May 17, 2024.
Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
* * * * * * * * * END CONSENT AGENDA * * * * * * * * * *
8 5/6/2024
HEARINGS (OPEN AT 5:00 PM) (ITEMS 47 THRU 58)
24-0684 47. On conveyance of City-owned property at 1411 17th Street to Home Opportunities Made
Easy, Inc. (HOME, Inc.) for redevelopment of housing. (Council Communication No. 24-
175) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0.
24-0685 48. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines Area
Regional Transit Authority, $3,860,000. (Council Communication No. 24-198) Moved by
Gatto to adopt. Second by Voss. Motion Carried 7-0.
24-0686 49. 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. Moved by Westergaard to adopt.
Second by Gatto. Motion Carried 7-0.
24-0687 (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
7-0.
24-0688 (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, #16,357. Second by Gatto.
Motion Carried 7-0.
24-0689 50. 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.
Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0.
24-0690 (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
7-0.
24-0691 (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, #16,358. Second by Voss.
Motion Carried 7-0.
9 5/6/2024
24-0692 51. 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. (Council
Communication No. 24-199) Moved by Mandelbaum to adopt. Second by Simonson.
Motion Carried 7-0.
24-0693 52. On Fifth Amendment to Concession Agreement for the Birdland Marina Concessions with
Less Than Trinity, LLC d/b/a Captain Roy’s. (Council Communication No. 24-173) Moved
by Westergaard to adopt. Second by Voss. Motion Carried 7-0.
24-0694 53. 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. (Council
Communication No. 24-180) Moved by Gatto to adopt. Second by Mandelbaum.
Motion Carried 7-0.
24-0695 54. On 2024 Citywide Pavement Marking Program: Resolution approving plans, specifications,
form of contract documents, engineer’s estimate, receive and file bids, and designating the
lowest responsive, responsible bidder as Quality Striping, Inc. (Jamie Jirak, President),
$527,536. (Council Communication No. 24-195) Moved by Gatto to adopt. Second by
Mandelbaum. Motion Carried 7-0.
24-0696 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Mandelbaum.
Motion Carried 7-0.
24-0697 55. On 2024 Citywide Portland Cement Concrete (PCC) Pavement Patching 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
The Concrete Contracting Company, Inc. (Chad Klonglan, Vice President), $1,428,443.
(Council Communication No. 24-191) Moved by Gatto to adopt. Second by Voss.
Motion Carried 7-0.
24-0698 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
24-0699 56. On Bill Riley Trail Resurfacing from Ashworth Pool to Gray’s Lake: 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), $888,887.50. (Council Communication No. 24-196) Moved by
Mandelbaum to adopt. Second by Voss. Motion Carried 7-0.
24-0700 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss.
Motion Carried 7-0.
10 5/6/2024
24-0701 57. On Fleur Drive Rehabilitation from McKinley Avenue to Army Post Road: 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), $1,975,486.20. (Council Communication No. 24-197) Moved by
Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0.
24-0702 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto.
Motion Carried 7-0.
24-0703 58. On Thomas Beck Road Improvements from Bancroft Street to Courtland Drive: Resolution
approving plans, specifications, form of contract documents, engineer’s estimate, receive and
file bids, and designating the lowest responsive, responsible bidder as Reilly Construction
Co., Inc. (Chris R. Reilly, President), $700,183. (Council Communication No. 24-192)
Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0.
24-0704 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion
Carried 7-0.
**** END HEARINGS AT 5:34 PM ****
ORDINANCES FIRST CONSIDERATION
24-0705 59. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as
follows: (Council Communication No. 24-193) Moved by Mandelbaum that this
ordinance be considered and given first vote for passage. Second by Gatto. Motion
Carried 7-0.
(A) Speed Limit and Parking Modification – 35th Street from Ingersoll Avenue to
University Avenue.
(B) Code Corrections – Locust Street between 5th Avenue and 6th Avenue and Locust
between 7th Street and 8th Street.
24-0706 (C) 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, #16,359. Second by Gatto. Motion Carried 7-0.
11 5/6/2024
COMMUNICATIONS/REPORTS
24-0707 60. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss.
Motion Carried 7-0.
(A) William Hamilton – Did not speak.
(B) Adam Callanan
24-0708 MOTION TO ADJOURN. Moved by Boesen to adjourn at 6:04PM. Motion Carried 7-0.
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12 5/6/2024
Agenda
DES MOINES CITY COUNCIL MEETING
City Hall, City Council Chambers
400 Robert D. Ray Drive
Des Moines, Iowa 50309
May 6, 2024
5:00 PM
PROCLAMATIONS – 4:45 PM
Stamp Out Hunger Week
Drinking Water Week
Think Green This Spring
Asian American, Native Hawaiian, and Pacific Islanders Heritage Month
1. ROLL CALL:
2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED:
3. APPROVING CONSENT AGENDA * – items 3 through 46:
*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:
RENEWAL APPLICATIONS
(A) AMERICANA 1312 LOCUST ST #102 Class C Liquor
(B) BEST FOOD MART 4028 E 14TH ST Class E Liquor
(C) CASEYS #3977 600 E 14TH ST Class B Retail
(D) CHEESE BAR 2 925 INGERSOLL AVE Class C Liquor
(E) CHICKEN SHACK 1501 E EUCLID AVE Special Class C
(F) CVS PHARMACY #10329 2303 MERLE HAY RD Class E Liquor
(G) DSM FOOD MART 2829 EASTON BLVD Class B Retail
(H) H & A MINI MART 145 UNIVERSITY AVE Class E Liquor
(I) HY VEE GRILLE #5 1107 E ARMY POST RD Class C Liquor
(J) LA TAPATIA 4 1606 6TH AVE Class B Retail
(K) LOUIES WINE DIVE 4040 UNIVERSITY AVE Class C Liquor
(L) LUCKY HORSE 2331 UNIVERSITY AVE Class C Liquor
1
(M) OLYMPIC FLAME 514 E GRAND AVE Special Class C
(N) QUIKTRIP #515 1421 INGERSOLL AVE Class B Retail
(O) ROCA & SHORTYS 208 COURT AVE Class C Liquor
(P) SCORNOVACCAS 1930 SE 14TH ST Class C Liquor
(Q) SMOKING GOAT PUB 3015 MERLE HAY RD #1 Class C Liquor
(R) SOUTH SIDE FOOD MART 1101 ARMY POST RD Class E Liquor
(S) THIRSTY SPORTSMAN 4808 SW 9TH ST Class C Liquor
(T) TWISTED VINE BREWERY 112 SE 4TH ST #100 Class C Liquor
(U) VIBES KITCHEN & BAR 1303 WALNUT ST Class C Liquor
(V) VOWS DSM 111 E GRAND AVE #109 Class C Liquor
(W) WATROUS TOBACCO 4001 SW 9TH ST Class B Retail
SPECIAL EVENT APPLICATIONS
(X) APRES BAR CO 100 LOCUST ST 5 days
CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 25, 2024
(Y) BUZZARD BILLYS 615 3RD ST 5 days
CLASS C LIQUOR LICENSE FOR DISTURBED CONCERT ON MAY 14 AND
CODY JOHNSON CONCERT ON MAY 17, 2024.
(Z) CHRISTIANIS EVENTS 4025 TONAWANDA 5 days
CLASS C LIQUOR LICENSE FOR AN EVENT ON MAY 30, 2024.
(AA) CLAXONS SMOKEHOUSE & GRILL 120 E 5TH ST 5 days
SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR A WEDDING ON
MAY 18, 2024.
(BB) GRAVES & IVERSON WEDDING 504 E LOCUST ST 5 days
CLASS C LIQUOR LICENSE FOR AN EVENT ON MAY 17, 2024.
(CC) IOWA ASIAN ALLIANCE 1203 LOCUST ST 5 days
SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON
MAY 25 - 26, 2024.
(DD) IOWA CRAFT BREW FESTIVAL 2251 GEORGE FLAGG 5 days
SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON
JUNE 1, 2024.
(EE) SA PRESENTS 2251 GEORGE FLASS 5 days
CLASS C LIQUOR LICENSE FOR WILLIE NELSON CONCERT ON MAY 25,
2024.
(FF) SA PRESENTS 2251 GEORGE FLAGG 5 days
CLASS C LIQUOR LICENSE FOR CAKE CONCERT ON MAY 11, 2024.
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(GG) ST GEORGE GREEK ORTHODOX 1110 35TH ST 5 days
CLASS C LIQUOR LICENSE FOR FOOD FESTIVAL ON MAY 31 - JUNE 2,
2024.
(HH) TASTE! TO GO AND CATERING 4025 TONAWANDA DR 5 days
CLASS C LIQUOR LICENSE FOR A WEDDING ON MAY 25, 2024.
5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits.
PUBLIC IMPROVEMENTS
6. Ordering construction of 2024 HMA Resurfacing Program Contract 1: Receiving of bids,
(5-21-24) and Setting date of hearing, (6-3-24), Engineer’s estimate, $1,200,000.
(Council Communication No. 24-200)
7. Authorizing the application for a United States Department of Transportation (USDOT)
Safe Streets and Roads for All (SS4A) Implementation Grant.
(Council Communication No. 24-202)
8. Approving and authorizing the execution of Iowa Department of Transportation (IDOT)
Agreement for the Intersection Improvements of 6th Avenue and Day Street.
(Council Communication No. 24-190)
9. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with
Bolton & Menk, Inc. for professional services for 2nd Avenue Reconstruction from
University Avenue to the Des Moines River, not to exceed $1,189,923.
(Council Communication No. 24-188)
10. Approving Change Order No. 6 with Jasper Construction Services, Inc. for additional work
on E. Court Avenue Reconstruction from Des Moines River to E. 7th Street, $133,549.45.
(Council Communication No. 24-189)
11. Authorizing and approving agreement with J.E. Dunn Construction Company for
Construction Manager at Risk Services for the North Side Community Recreation Center,
with Pre-Construction Services, not to exceed $60,518.
(Council Communication No. 24-201)
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12. Approving Guaranteed Maximum Price Amendment with Ryan Companies US, Inc. for
Construction Manager at Risk Services for the Des Moines Fire Station No. 4
Replacement, not to exceed $239,705.46.
(Council Communication No. 24-194)
13. Approving Private Construction Contracts between the following:
(A) J&K Contracting, LLC and Nelson Construction Services, LLC for sanitary and
storm sewer improvements in 418 E. 4th Street.
(B) Holzworth Construction, LLC and Hoyt, LLC for paving improvements in High
Street Lofts.
14. Communication from contractors requesting permission to sublet certain items on public
improvement projects.
SPECIAL ASSESSMENTS
15. Levying assessments for fees, fines, penalties, costs and interest imposed in the
enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-05.
BOARDS/COMMISSIONS/NEIGHBORHOODS
16. Recommendation from Council Member Voss to reappoint Dave Kriens Jr. to the Building
and Fire Code Board of Appeals, Seat 10, for a three-year term expiring April 1, 2027.
SETTING DATE OF HEARINGS
17. On vacation of the north-south alley adjoining 811 Roosevelt Avenue and conveyance to
Central Iowa Hospital Corporation for $3800, (5-20-24).
18. On conveyance of a Permanent Easement for Sanitary Sewer Facilities and Quitclaim of
Interest in Existing Sanitary Sewer Facilities in City Property located east of SE 15 th Street
and north of E. Railroad Avenue for the WRA New Main Outfall, Phase 17, Segments 3
and 4 Project, to Des Moines Metropolitan Wastewater Reclamation Authority, (5-20-24).
19. On conveyance of a Permanent Easement for Sanitary Sewer Facilities and Quitclaim of
Interest in Existing Sanitary Sewer Facilities in City Property located in Birdland Park for
the WRA Eastside Interceptor, Phase 27, Segments 6 and 7 Project, to Des Moines
Metropolitan Wastewater Reclamation Authority, (5-20-24).
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20. On a request from GT Portfolio IA, LLC (Thomas Kuhn, Officer) to amend the PlanDSM
Creating Our Tomorrow Comprehensive Plan to revise the future land use classification
from Low Density Residential within a Community Node to High Density Residential
within a Community Node and rezone 1427 5th Avenue from “N5” Neighborhood District
to Limited “NX2” Neighborhood Mix District, to allow re-use of an existing building for
up to seven (7) residential dwelling units, (5-20-24).
21. On a request from Sterling Investments, LLC (David Barzen, Officer) to rezone property
located at 1701 Pennsylvania Avenue from “N5” Neighborhood District to “N5-2”
Neighborhood District, to allow use of the property for two (2) household dwelling units,
(5-20-24).
22. On assessment of $500 penalty to Super Quick, 303 SE 30th Street, for violation of Iowa
alcoholic beverage laws, (5-20-24).
23. On the proposed Fifteenth Amendment to the Urban Renewal Plan for the SE AgriBusiness
Urban Renewal Area, (6-17-24).
(Council Communication No. 24-186)
24. On the proposed Nineteenth Amendment to the Urban Renewal Plan for the Central Place
Industrial Park Redevelopment Urban Renewal Plan, (6-17-24).
(Council Communication No. 24-187)
25. On the proposed Thirty-Fourth Amendment to the Urban Renewal Plan for the Metro
Center Urban Renewal Area, (6-17-24).
(Council Communication No. 24-205)
26. On the proposed SE Industrial Urban Renewal Plan for the SE Industrial Urban Renewal
Area, (6-17-24).
(Council Communication No. 24-206)
LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS
27. Approving payment to Amica Insurance on behalf of its insured Taylor Richards.
28. Approving payment to Dontez Tolson for a property damage claim.
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CITY MANAGER COMMUNICATIONS
29. Submitting travel and training request for Connie Boesen.
(Council Communication No. 24-181)
APPROVING
30. Subordination Agreements of Existing HOME Investment Partnership Program (HOME)
Mortgage on 3314 E. 7th Street and 1617 22nd Street to Central Bank Construction Loan
to Home Opportunities Made Easy (HOME, Inc.).
(Council Communication No. 24-177)
31. Submission of application to the State of Iowa for the Iowa Thriving Communities
designation.
(Council Communication No. 24-178)
32. First Amendment to Urban Renewal Development Agreement with 420 Court Avenue,
LLC clarifying and approving temporary hours of operation and minimum size of grocery
store.
(Council Communication No. 24-183)
33. Issuance of Certificate of Completion for Euclid Foresight, LLC for Oak Park – Highland
Park Urban Renewal Project at 413 Euclid Avenue.
34. Des Moines Fire Department and CHP Community Business Associate Agreement.
(Council Communication No. 24-179)
35. Operation agreement with Central Iowa Ultimate, Inc. (CIU) for the Recreation Ultimate
Frisbee Program.
(Council Communication No. 24-172)
36. Number not used.
37. Release of judgement lien for 1520 Royer Street.
(Council Communication No. 24-176)
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38. Authorizing Neighborhood Services Department to apply for and receive funds from
Federal Home Loan Bank to be used to fund Improving Our Neighborhoods (“ION”)
Program.
(Council Communication No. 24-185)
39. Items regarding the Argonne Armory at 602 Robert D. Ray Drive:
(Council Communication No. 24-203)
(A) Communication from the City Manager regarding the redevelopment.
(B) Request from the City Manager to initiate proceedings for the designation as a Local
Landmark.
40. Declaring the necessity for the City to proceed with the 1200 Locust Street Project,
including directing the City Manager to solicit proposals for potential uses for the existing
City Hall.
(Council Communication No. 24-204)
41. Request for outdoor special events in accordance with “Franklin Junior High School” PUD
Conceptual Plan for property at 4801 Franklin Avenue:
(A) Beaverdale Farmers Market, Tuesdays, June 4 through September 10, 2024.
(B) Knock and Drop Iowa, June 12, 2024.
(C) Beaverdale Bluegrass Music Festival, July 20, 2024.
42. Communication from the Greater Des Moines Partnership on behalf of the Downtown
Team, requesting approval of placement for up to 25 banners to be displayed on banner
poles in downtown Des Moines beginning June 1, 2024.
43. Abatement of public nuisances as follows:
(A) 3411 Hubbell Avenue.
(B) 2009 Lyon Avenue.
44. Exception to the procurement ordinance competitive bidding requirement for good cause,
approving the procurement of rolling greenhouse production benches from BFG Supply
Company, and approving negotiation and execution of an agreement with BFG Supply
Company.
(Council Communication No. 24-174)
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45. Senior Bond Issuance Certificate of Des Moines Metropolitan Wastewater Reclamation
Authority (WRA) Participating Community.
46. Authorizing Finance Director to draw checks on registers for the weeks of May 6 and 13,
2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the
weeks of May 6 and 13, 2024; to draw checks for biweekly payroll due May 17, 2024.
* * * * * * * * * END CONSENT AGENDA * * * * * * * * * *
HEARINGS (OPEN AT 5:00 PM) (ITEMS 47 THRU 58)
47. On conveyance of City-owned property at 1411 17th Street to Home Opportunities Made
Easy, Inc. (HOME, Inc.) for redevelopment of housing.
(Council Communication No. 24-175)
48. On conveyance of City-owned property located at 3500 Vandalia Road to Des Moines
Area Regional Transit Authority, $3,860,000.
(Council Communication No. 24-198)
49. 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.
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above (waiver requested by applicant), requires six
votes.
50. 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.
(A) First consideration of ordinance above.
(B) Final consideration of ordinance above (waiver requested by applicant), requires six
votes.
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51. 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.
(Council Communication No. 24-199)
52. On Fifth Amendment to Concession Agreement for the Birdland Marina Concessions with
Less Than Trinity, LLC d/b/a Captain Roy’s.
(Council Communication No. 24-173)
53. 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.
(Council Communication No. 24-180)
54. On 2024 Citywide Pavement Marking Program: Resolution approving plans,
specifications, form of contract documents, engineer’s estimate, receive and file bids, and
designating the lowest responsive, responsible bidder as Quality Striping, Inc. (Jamie
Jirak, President), $527,536.
(Council Communication No. 24-195)
(A) Approval of contract and bond.
55. On 2024 Citywide Portland Cement Concrete (PCC) Pavement Patching 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 The Concrete Contracting Company, Inc. (Chad Klonglan, Vice President), $1,428,443.
(Council Communication No. 24-191)
(A) Approval of contract and bond.
56. On Bill Riley Trail Resurfacing from Ashworth Pool to Gray’s Lake: 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), $888,887.50.
(Council Communication No. 24-196)
(A) Approval of contract and bond.
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57. On Fleur Drive Rehabilitation from McKinley Avenue to Army Post Road: 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), $1,975,486.20.
(Council Communication No. 24-197)
(A) Approval of contract and bond.
58. On Thomas Beck Road Improvements from Bancroft Street to Courtland Drive:
Resolution approving plans, specifications, form of contract documents, engineer’s
estimate, receive and file bids, and designating the lowest responsive, responsible bidder
as Reilly Construction Co., Inc. (Chris R. Reilly, President), $700,183.
(Council Communication No. 24-192)
(A) Approval of contract and bond.
****END HEARINGS AT ____________________PM****
ORDINANCES FIRST CONSIDERATION
59. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as
follows:
(Council Communication No. 24-193)
(A) Speed Limit and Parking Modification – 35th Street from Ingersoll Avenue to
University Avenue.
(B) Code Corrections – Locust Street between 5th Avenue and 6th Avenue and Locust
between 7th Street and 8th Street.
COMMUNICATIONS/REPORTS
60. Requests to speak as follows:
(A) William Hamilton
(B) Adam Callanan
MOTION TO ADJOURN.
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