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 May 20, 2024 5:00 PM I. CLOSED SESSION – 3:45 PM 24-0709 (A) Roll Call. Present: Boesen, Simonson, Voss, Westergaard, Mandelbaum and Gatto. Absent: Coleman. Council Member Coleman entered the meeting at 3:56PM during item C. 24-0710 (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 Voss to adopt. Second by Gatto. Motion carried upon roll call 6-0. Absent: Coleman. 24-0711 (C) Closed Session. 24-0712 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-0713 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:20PM. Second by Voss. Motion Carried 7-0. 1 5/20/2024  * * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:50 PM Bike Month National Public Works Week 24-0714 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto 24-0715 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0716 3. APPROVING CONSENT AGENDA * – items 3 through 39: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Voss. Motion Carried 7-0. *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 24-0717 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATION (A) STEER N STEIN 3000 E GRAND AVE Class C Liquor RENEWAL APPLICATIONS (B) APRILS SUNRISE TAP 4155 EASTON BLVD Class C Liquor (C) CARLS PLACE 1620 WOODLAND AVE Class C Liquor (D) CHAIN & SPOKE 515 28TH ST #102 Special Class C (E) DEEP END BAR 830 MCKINLEY AVE Class C Liquor (F) DES MOINES CIVIC CENTER 221 WALNUT ST Class C Liquor (G) DOLLAR GENERAL #24813 3261 E EUCLID AVE Class B Retail (H) ELWELL FAMILY FOOD 3000 E GRAND AVE #052 Class C Liquor (I) FAIRFIELD INN & SUITES 207 CROCKER ST Class C Liquor (J) FAREWAY STORES INC #225 2716 BEAVER AVE Class E Liquor (K) HOYT SHERMAN PLACE 1501 WOODLAND AVE Class C Liquor (L) JALAPENO PETE'S CANTINA 3000 E GRAND AVE Special Class C (M) JETHROS BBQ SOUTHSIDE 4337 PARK AVE Class C Liquor (N) LUCCA 420 E LOCUST ST Class C Liquor 2 5/20/2024 (O) MOTLEY SCHOOL TAVERN 1903 BEAVER AVE Class C Liquor (P) PARKS AREA FOUNDATION 710 CORNING AVE Special Class C (Q) PLAZA PUB 6202 DOUGLAS AVE Class C Liquor (R) SCORNOVACCAS 1930 SE 14TH ST Class C Liquor (S) ST KILDA BAKERY AND CAFE 300 SW 5TH ST #A150 Class C Liquor (T) STATION ON INGERSOLL 3124 INGERSOLL AVE Class C Liquor SPECIAL EVENT APPLICATIONS (U) CAPITAL CITY PRIDE 431 E LOCUST ST (BEER TENT) 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE 7 - 9, 2024. (V) CAPITAL CITY PRIDE 510 E LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON JUNE 7 - 9, 2024. (W) CATHOLIC CHARITIES 601 GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR CENTENNIAL TRIVIA NIGHT ON JUNE 6, 2024. (X) DEPOT 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR THE WORLD PORK EXPO ON JUNE 5 - 6, 2024. (Y) JRS SOUTHPORK RANCH 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR WORLD PORK EXPO ON JUNE 5 - 6, 2024. (Z) LUCKY WIFE WINE SLUSHIES 1200 LOCUST ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR JUNETEENTH ON JUNE 15, 2024. (AA) MUCKY DUCK PUB 4051 DEAN AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR TIMES OF FUTURE PAST ON JUNE 8 - 9, 2024. (BB) PAR CATERERS 3915 FLEUR DR 5 days CLASS C LIQUOR LICENSE FOR PRINCIPAL CHARITY CLASSIC ON MAY 29 - JUNE 2, 2024. (CC) SA PRESENTS 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR ROBERT PLANT AND ALLISON KRAUSE CONCENT ON JUNE 11 AND JON PARDI CONDERT ON JUNE 13, 2024. (DD) SALISBURY HOUSE 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR GARDEN PARTY ON JUNE 9, 2024. 3 5/20/2024  (EE) TANGERINE FOOD COMPANY 2251 GEORGE FLAGG PKWY 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BALLET DES MOINES ON JUNE 9, 2024. (FF) YOUR PRIVATE BAR 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR EMC DAM TO DSM ON MAY 30 - JUNE 1, 2024. OUTDOOR SERVICE APPLICATION (GG) SHOP DSM, THE 901 CHERRY ST Class C Liquor PERMANENT. TRANSFER TO NEW LOCATION APPLICATION (HH) SPROCKETS PUB AND PATIO 1905 INGERSOLL AVE Class C Liquor PERMANENT TO 2314 UNIVERSITY AVENUE. 24-0718 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Voss. PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 24-0719 (A) Twana Drive Reconstruction from West of 48th Street to East of 50th Street: Receiving of bids, (6-4-24) and Setting date of hearing, (6-17-24), Engineer’s estimate, $160,000. (Council Communication No. 24-211) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0720 (B) Urbandale Avenue Resurfacing from 34th Street to Beaver Avenue: Receiving of bids, (6-4-24) and Setting date of hearing, (6-17-24), Engineer’s estimate, $300,000. (Council Communication No. 24-212) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0721 (C) Gray’s Lake Marina Parking Lot Repairs: Receiving of bids, (6-4-24) and Setting date of hearing, (6-17-24), Engineer’s estimate, $350,000. (Council Communication No. 24-210) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 5/20/2024  7. Items regarding the proposed Euclid Avenue 3-Lane Conversion (2nd Avenue to Des Moines River Bridge): (Council Communication No. 24-215) 24-0722 (A) Approving the Concept Plan. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Coleman. 24-0723 (B) Approving a Professional Services Agreement (PSA) with McClure Engineering Co. d/b/a McClure Engineering Company, not to exceed $180,700. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Coleman. 24-0724 8. Approving and authorizing the execution of the Iowa Department of Transportation (IDOT) Agreement for the 41st Street and Beaver Avenue Intersection Improvements. (Council Communication No. 24-213) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0725 9. Approving and authorizing the execution of the Iowa Department of Transportation (IDOT) Agreement for the Intelligent Transportation Systems (ITS) Upgrade Phase 5. (Council Communication No. 24-209) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0726 10. Approving Supplemental Agreement No. 1 to the Professional Services Agreement (PSA) with OPN, Inc. d/b/a OPN Architects, Inc. for the City Facility Expansion Phase 1 Improvements project, not to exceed $59,265. (Council Communication No. 24-208) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0727 11. Approving Supplemental Agreement No. 4 to the Professional Services Agreement (PSA) with SystemWorks, LLC for additional building commissioning services for the Animal Control Building, not to exceed $5,240. (Council Communication No. 24-214) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0728 12. Approving Private Construction Contract between Third Day Plumbing LLC and Humberto Lechuga and Miguel Malagon for sanitary sewer improvements in 1400 block of E. 26 th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0729 13. Approving completion and acceptance of private construction contract between Vanderpool Construction, Inc. and HDR Land Development, LLC for storm and sanitary sewer improvements in The Woods of Copper Creek Plat 6. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0730 14. Communication from contractor requesting permission to sublet certain items on a public improvement project. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 5/20/2024  15. Accepting completed construction and approving final payment for the following: 24-0731 (A) Stone Park Community Garden, Burkett Construction, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0732 (B) New York Avenue from 44th Street to 45th Street Reconstruction, MPS Engineers, PC d/b/a Kingston Services, PC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 24-0733 16. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-05. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 17. Number not used. SETTING DATE OF HEARINGS 24-0734 18. On vacation of Allen Street right-of-way lying southeast of 466 SE 2nd Street and approval of a Lease Agreement for a public parking lot with SingleSpeed Des Moines, Inc., $1,000, (6-3-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0735 19. On vacation of a portion of SE 6th Street right-of-way adjoining 2428 SE 6th Street and conveyance of a Permanent Easement for Building Encroachment to Jerry F. Miller and Barbara L. Miller in exchange for property rights granted to the City for the 2023 Neighborhood Sidewalk Program, (6-3-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0736 20. On a request from Lawnwoods Property, LLC (Leland Hecker, Officer) to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of 3004 30th Street from Low Density Residential to Neighborhood Mix Use and to rezone the property from “N3b” Neighborhood District to “RX1” Mixed Use District, (6-3-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0737 21. On a request from Norma Tamay, Carlos Tamay, and James Tamay (Owners) to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of two (2) parcels located in the vicinity of 1201 Euclid Avenue from Low- Medium Density Residential to Community Mixed Use and to rezone the property from “NX1” Neighborhood Mix District to Limited “MX1” Mixed Use District, to allow the use of an existing building as a convenience store (commercial) use, (6-3-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 5/20/2024  LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0738 22. Approving payment to Robert Dolan for a workers' compensation claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0739 23. Approving payment to Dad’s Outdoor Storage, LLC for settlement. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0740 24. Approving payment to Jessica Bastian for settlement. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0741 25. Approving payment to Cynthia Donahue for settlement. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0742 26. Approving payment to Shannon Duffy for settlement. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0743 27. Approving payment to Tracy Rhoads for settlement. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 28. Workforce Housing Tax Credit (WHTC) benefit applications to be submitted to the Iowa Economic Development Authority (IDEA) for the following: (Council Communication No. 24-222) 24-0744 (A) HOA Aston, LLC for a $47,520,000 project constructing 186 housing units at 603 E. 6th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0745 (B) Cold Storage Rehab, LLC for a $13,000,000 project constructing 48 units on a redevelopment site at 2814 7th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. (C) Number not used. 24-0746 (D) Sullivan Holdings, LLC for a $4,496,000 project constructing four (4) townhome units and 20 multi-family units at 3111 - 3121 Merle Hay Road. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0747 (E) Summit Townhomes, LLC for an $8,500,000 project constructing 35 townhome units at 16 Indianola Road. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 7 5/20/2024 24-0748 (F) Linc IV Apartments, LLC for a $27,600,000 project constructing 135 multi-family apartment units at 1270 Tuttle Street and 1275 Murphy Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0749 (G) Uptown Investor TJU, LLC for a $2,567,500 project constructing seven (7) second- story apartment units at 4104 University Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Council Member Simonson declares a conflict of interest and abstains from voting. 24-0750 (H) Sonar at Highland Park, LLC for a $26,000,000 project constructing 101 new apartment units at 604 Euclid Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0751 29. Preliminary terms of an Urban Renewal Development Agreement with Ruan Redevelopment Partners, LLC for the conversion of an existing office building at 601 Locust Street to a 221- unit multi-family residential building, including commercial uses on the skywalk level. (Council Communication No. 24-220) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0752 30. First Amendment to the Parcel Development with Meridian at Gray’s Landing, LLC and River Point West, LLC. (Council Communication No. 24-221) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0753 31. Third Amendment to Amended and Restated Urban Renewal Development Agreement with The District Developer, LLC. (Council Communication No. 24-223) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0754 32. Grant agreement with the Des Moines Airport Authority for support of the new terminal project, $10,000,000. (Council Communication No. 24-216) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0755 33. Memorandum of Understanding and Business Associate Agreement with United Way of the Midlands for non-emergency transportation services. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0756 34. Water Quality Initiative Urban Conservation Demonstration Projects Cost-Share Grant Contract with Iowa Department of Agriculture and Land Stewardship in the amount of $100,000 for the Soil Quality Restoration Batch and Build Program. (Council Communication No. 24-219) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0757 35. Rental of Craftco Wide Crack Sealer and purchase of sealant from Logan Contractor Supply (sole area-wide provider) (Bruce Logan, President) $46,452 rental, $107,100 material, total $153,552. (Council Communication No. 24-217) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 8 5/20/2024 24-0758 36. Purchase of Solid Waste collection carts from Toter, Inc. (Chad Coauette, Executive Director/CEO) at a total estimated cost of $700,000 per Sourcewell contract. (Council Communication No. 24-218) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 37. Abatement of public nuisances as follows: 24-0759 (A) 2705 E. Railroad Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0760 (B) 1232 Dixon Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0761 (C) 801 SE 7th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0762 (D) 401 E. Gray Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0763 38. Communication of fire escrow at 1458 E. 18th Street. Moved by Gatto to receive and file and to direct the City Attorney to bring legal action within one hundred eighty (180) days of letter received via e-mail on April 29, 2024, if owner(s) has not demolished or renovated the structure. Second by Voss. Motion Carried 7-0. 24-0764 39. Authorizing Finance Director to draw checks on registers for the weeks of May 20 and 27, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of May 20 and 27, 2024; to draw checks for biweekly payroll due May 31, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 40 THRU 44) 24-0765 40. On vacation of the north-south alley adjoining 811 Roosevelt Avenue and conveyance to Central Iowa Hospital Corporation for $3800. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-0766 (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. 24-0767 (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, #16,360. Second by Voss. Motion Carried 7-0. 9 5/20/2024 24-0768 41. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0769 42. 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-0770 43. On a request from GT Portfolio IA, LLC (Thomas Kuhn, Officer) for the following regarding property located at 1427 5th Avenue to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Low Density Residential within a Community Node to High Density Residential within a Community Node and rezone property 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. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0771 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 24-0772 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,361. Second by Gatto. Motion Carried 7-0. 24-0773 44. On assessment of $500 penalty to Super Quick, 303 SE 30 th Street, for violation of Iowa alcoholic beverage laws. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. ****END HEARINGS AT 5:08 PM**** 10 5/20/2024  COMMUNICATIONS/REPORTS 24-0774 45. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. (A) Matt Sahag (B) Lu Ryan Hallmeyer (C) Tasida Barfoot (D) Jacob Grobe (E) Aya Salem (F) Michaelyn Mankel (G) Garland Armstrong (H) Elizabeth Leas (I) Adam Callanan (J) Tara Kramer 24-0775 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:41 PM. Second by Voss. Motion Carried 7-0. 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