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 June 3, 2024 5:00 PM I. CLOSED SESSION – 4:00 PM 24-0776 (A) Roll Call. Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Voss participated in the meeting by phone. 24-0777 (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 Coleman to adopt. Second by Gatto. Motion Carried upon roll call 7-0. 24-0778 (C) Closed Session. 24-0779 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0780 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:34 PM. Second by Simonson. Motion Carried 7-0. 1 6/3/2024  * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:45 PM Pride Month National Gun Violence Awareness Day 80th Anniversary of D-Day 24-0781 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Voss participated in the meeting by phone. 24-0782 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0783 3. APPROVING CONSENT AGENDA * – items 3 through 31: 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 24-0784 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATION (A) IOWA STATE FAIR 3000 E GRAND AVE Class B Retail RENEWAL APPLICATIONS (B) 503 COCKTAIL LAB 503 E LOCUST ST Class C Liquor (C) BLAZE PIZZA 300 W MLK JR PKWY Special Class C (D) CJS II 316 E 30TH ST Class C Liquor (E) CONTINENTAL 407 E 5TH ST Class C Liquor (F) COURT AVE BREWING 309 COURT AVE Class C Liquor (G) EASYGO 2723 GRAND AVE Class E Liquor (H) EL RANCHO ALEGRE 3308 INDIANOLA AVE Class C Liquor (I) GIT N GO STORE #31 2601 SW 9TH ST Class B Retail (J) MULLETS 1300 SE 1ST ST Class C Liquor (K) QUIKTRIP #516 1000 E UNIVERSITY AVE Class B Retail (L) STOP N SHOP #519 727 SE 14TH ST Class B Retail (M) THAI FLAVOR 2301 INGERSOLL AVE Class C Liquor 2 6/3/2024  SPECIAL EVENT APPLICATIONS (N) CAJUN FEST 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 22, 2024. (O) DM ARTS FESTIVAL 1329 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 28- 30, 2024. (P) DM ARTS FESTIVAL 1408 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 28- 30, 2024. (Q) DM ARTS FESTIVAL 1200 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 28- 30, 2024. (R) DM ARTS FESTIVAL 1000 GRAND AVE (VIP AREA) 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 28- 30, 2024. (S) DM ARTS FESTIVAL 1501 GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FESTIVAL ON JUNE 28- 30, 2024. (T) HACHA & MACHETE INC 3115 DOUGLAS AVE 5 days CLASS C LIQUOR LICENSE FOR OPEN HOUSE AND BLUE RIBBON CUT ON JUNE 21, 2024. (U) SA PRESENTS 2251 GEORGE FLAGG PKWY 5 days CLASS C LIQUOR LICENSE FOR REO SPEEDWAGON ON JUNE 21, 2024. (V) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR MIDSUMMER MAGIC ON JUNE 20, 2024. (W) SHOP DSM, THE 901 CHERRY ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THURSDAY AT THE SHOP ON JUNE 13, 2024. (X) SHOP DSM, THE 901 CHERRY ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THURSDAY AT THE SHOP ON JUNE 6, 2024. (Y) YOUR PRIVATE BAR 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING RECEPTION ON JUNE 6, 2024. 24-0785 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Voss. 3 6/3/2024  PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 24-0786 (A) 2024 HMA Resurfacing Program Contract 2: Receiving of bids, (6-18-24) and Setting date of hearing, (7-15-24), Engineer’s estimate, $750,000. (Council Communication No. 24-231) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0787 (B) Birdland Pool Repair and Painting Improvements: Receiving of bids, (6-18-24) and Setting date of hearing, (7-15-24), Engineer’s estimate, $340,000. (Council Communication No. 24-232) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0788 7. Approving Iowa Department of Transportation (IDOT) Supplemental Agreement for maintenance of primary roads in municipalities including emergency maintenance of State of Iowa owned traffic signals from July 1, 2024 to June 30, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0789 8. Acceptance of a proposal from MidAmerican Energy Company to remove existing utility poles and relocate overhead electrical utilities underground for the Southeast Connector Project from SE 30th Street to U.S. Highway 65, estimated cost $433,936.92. (Council Communication No. 24-226) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0790 9. Approving Change Order No. 1 with InRoads, LLC for additional work on SW 56th Street Rehabilitation from Leland Avenue to Wolcott Circle, $125,920. (Council Communication No. 24-224) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 10. Accepting completed construction and approving final payment for the following: 24-0791 (A) Animal Control Facility Bid Package No. 17 – Landscaping, Alpha Landscapes LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0792 (B) McHenry Park and Sheridan Park Improvements, Alpha Landscapes LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 6/3/2024  SPECIAL ASSESSMENTS 24-0793 11. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-06. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 24-0794 12. Approving 16 tax abatement applications for work completed in 2024. (Council Communication No. 24-239) Moved by Gatto to adopt to approve the applications for the total number of years in the applicable exemption schedule, with the schedule to commence with the taxes payable in FY2024/25. Second by Voss. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-0795 13. Recommendation from Mayor Boesen to appoint Drew Kelso to the Library Board of Trustees, Seat 4, for a six-year term commencing on June 17, 2024, and expiring June 30, 2030. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0796 14. Approving updated bylaws for the Historic Preservation Commission. (Council Communication No. 24-238) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS WITHDRAWN 24-0797 15. On first amendment to a license agreement with the Des Moines Area Regional Transit Authority (DART) for bus benches in street right-of-way, (6-17-24). 24-0798 16. On vacation of a portion of SE 23rd Street right-of-way adjoining 2200 Maury Street and conveyance to Kemin Holdings, LC for $45,600, (6-17-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0799 17. Approving payment to Farmers Insurance on behalf of its insured Chou Panyavong. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 6/3/2024  CITY MANAGER COMMUNICATIONS 24-0800 18. Submitting travel and training requests for Connie Boesen, Joseph Nolte, Roger Nowadzky and Kelly Simmons. (Council Communication No. 24-247) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 24-0801 19. Reprogramming of prior years' unspent Community Development Block Grant (CDBG) funds, to be included in the 2024 Annual Action Plan as part of the 2020-2024 Consolidated Plan under the U.S. Department of Housing and Urban Development (HUD). (Council Communication No. 24-234) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0802 20. Request to Polk County Treasurer and approving agreements with nonprofits for assignment of tax sale certificates for various properties for development and/or rehabilitation of housing. (Council Communication No. 24-236) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0803 21. Workforce Housing Tax Credit (WHTC) benefit application to be submitted to the Iowa Economic Development Authority (IDEA) for Scott Avenue Landing, LLC for a $12,856,000 project constructing 34 multi-story townhome units at 417 Scott Avenue. (Council Communication No. 24-240) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0804 22. Termination of existing Neighborhood Commercial Revitalization (NCR) Program Grant Agreement with Joppa Experience LLC, reallocation of funds from NCR Round 3-American Rescue Plan Act (NCR Round 3-ARPA) to economic development loan and grant, and authorizing execution of development agreement with Joppa Experience LLC. (Council Communication No. 24-241) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0805 23. Exception to request for proposal (RFP) process for good cause and approving agreement with EMC Risk Services, LLC d/b/a EMC Claims Solutions for provision of occupational medical and pharmacy claim administration services for City employees, July 1, 2024 through June 30, 2030. (Council Communication No. 24-233) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0806 24. Accepting a grant award for the 2025 State of Iowa, Byrne Justice Assistance Grant (JAG) issued by the State of Iowa Department of Public Safety, Office of Drug Control Policy, $16,500. (Council Communication No. 24-237) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 6/3/2024 24-0807 25. Contract with Frontline Warning Systems, Inc. for design, installation and software services for outdoor warning system replacement, not to exceed $1,712,727.50. (Council Communication No. 24-245) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0808 26. Exception to the procurement ordinance competitive bidding requirement for good cause for the procurement of maintenance and service for the City website from Revize, LLC, and approving negotiation and execution of an agreement with Revize, LLC. (Council Communication No. 24-244) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0809 27. Purchase of Microsoft Fabric from Insight Public Sector, Inc. (Joyce Mullen, President and CEO) per Omnia contract for use by the Information Technology Department, $100,915.20. (Council Communication No. 24-246) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0810 28. Purchase of emulsified asphalt materials from Bituminous Materials and Supply, LP (Dan Quigley, Plant Manager) sole area-wide provider for use by the Public Works Department, $500,000. (Council Communication No. 24-243) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0811 29. Purchase of granular deicer products from Central Salt, LLC (Thomas Peterson, President/General Manager) per Central Iowa Salt Group contract for use by the Public Works Department, $432,120. (5 bids mailed, 3 received) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 30. Abatement of public nuisances as follows: 24-0812 (A) 603 Glenview Drive. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0813 (B) 1509 Des Moines Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-0814 31. Authorizing Finance Director to draw checks on registers for the weeks of June 3 and 10, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of June 3 and 10, 2024; to draw checks for biweekly payroll due June 14, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 32 THRU 39) 24-0815 32. Dismissing hearing 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 7 6/3/2024 24-0816 33. 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. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 24-0817 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 7-0. 24-0818 (B) Final consideration of ordinance above, requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,362. Second by Simonson. Motion Carried 7-0. 24-0819 34. 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. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0820 (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. 24-0821 (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, #16,363. Second by Gatto. Motion Carried 7-0. 24-0822 35. 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-0823 (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. 8 6/3/2024 24-0824 (B) Final consideration of ordinance above (waiver requested by the applicants), 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, #16,364. Second by Gatto. Motion Carried 7-0. 24-0825 36. On 2024 Hot Mix Asphalt (HMA) Resurfacing 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 Grimes Asphalt and Paving Corporation (Jeffry Rasmussen, President), $1,005,601.50. (Council Communication No. 24-227) Moved by Coleman to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0826 (A) Approval of contract and bond. Moved by Coleman to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0827 37. On 2024 Hot Mix Asphalt (HMA) Rural Paving Program – Local Option Sales and Service Tax (LOSST): 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), $456,744. (Council Communication No. 24-228) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0828 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0829 38. On Brenton Skating Plaza Building Repair: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Hildreth Construction Services, LLC (Mark R. Hildreth, Owner), $343,125.31. (Council Communication No. 24-229) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0830 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0831 39. On SW 9th Street Rehabilitation from Emma Avenue to Leach Avenue: 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), $575,841. (Council Communication No. 24-230) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0832 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. ****END HEARINGS AT 5:10 PM**** 9 6/3/2024  APPROVING II 24-0833 40. Urban Renewal Development Agreement and Parking License Agreement with American Equity Investment Life Insurance Company for the relocation of 650 employees, a 10-year lease for 131,900 square-feet of office space at 1100 Locust Street, and a minimum of 120 parking spaces located at 1200 Mulberry or 9th and Locust parking ramps. (Council Communication No. 24-242) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. ORDINANCES FIRST CONSIDERATION 24-0834 41. Amending Chapter 46 of the Municipal Code relating to the fine for the use of consumer fireworks within the city limits. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 24-0835 (A) Final consideration of ordinance above, requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,365. Second by Voss. Motion Carried 7-0. COMMUNICATIONS/REPORTS 24-0836 42. Requests to speak as follows: Moved by Gatto to receive and file. Second by Mandelbaum. Motion Carried 7-0. (A) Sylvia Nemmers (B) Jenny King – Did not speak. (C) Brooke Sodders (D) Lu Hallmeyer (E) Tasida Barfoot (F) Abby Bankes (G) Kaleb Van Fosson – Did not speak. (H) Luis Gomez – Did not speak. (I) Elizabeth Leas (J) Heather Armstrong (K) Jacey Van Roekel – Did not speak. (L) Giada Morresi (M) Adam Callanan (N) Mosi Mandil 24-0837 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:55 PM. Second by Westergaard. Motion Carried 7-0. 10 6/3/2024 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 6/3/2024