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 July 15, 2024 5:00 PM 24-0925 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Mayor Boesen participated in the meeting by phone. 24-0926 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0927 3. APPROVING CONSENT AGENDA * – items 3 through 58: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Coleman. 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. 1 7/15/2024  LICENSES AND PERMITS 24-0928 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. NEW APPLICATION (A) DES MOINES ART CENTER 4700 GRAND AVE Class C Liquor RENEWAL APPLICATIONS (B) AIRPORT HOLIDAY INN 6111 FLEUR DR Class C Liquor (C) APPLEBEES 6301 SE 14TH ST Class C Liquor (D) APPLEBEES 3900 MERLE HAY RD Class C Liquor (E) BEAVERDALE VFW CLUB 4029 URBANDALE AVE Class F Retail (F) BIG GROVE DES MOINES 555 17TH ST Class C Liquor (G) BLACKBIRD HOSPITALITY 713 WALNUT ST Class C Liquor (H) BLANK GOLF COURSE 711 COUNTY LINE RD Class C Liquor (I) BOWLERAMA 1313 E DIEHL AVE Class C Liquor (J) CONSERVATORY 315 E 5TH ST Class C Liquor (K) COPPER CUP 207 4TH ST Class C Liquor (L) DES MOINES AMVETS POST 2 2818 5TH AVE Class F Retail (M) DOUGH CO PIZZA 2330 UNIVERSITY AVE Special Class C (N) DOWNTOWN PANTRY 218 6TH AVE Class E Liquor (O) FRESKO 909 LOCUST ST Class C Liquor (P) GRAZIANO BROTHERS INC 1601 SOUTH UNION Class B Retail (Q) HY VEE FAST & FRESH 5801 HICKMAN RD Class E Liquor (R) JASPER WINERY 2400 GEORGE FLAGG Class C Liquor (S) LA FAVORITA 1700 E GRAND AVE Class B Retail (T) LATIN KING 2200 HUBBELL AVE Class C Liquor (U) MARISCOS EL CAPITAN 2809 6TH AVE Class C Liquor (V) MARISCOS EL PIRATA 6050 SE 14TH ST Class C Liquor (W) PHO REAL KITCHEN AND BAR 200 4TH ST Class C Liquor (X) RICHARD O JACOBSON CENTER 3000 E GRAND AVE Class C Liquor (Y) ROYAL MART 111 63RD ST Class E Liquor (Z) SAKARI SUSHI LOUNGE 2605 INGERSOLL AVE Class C Liquor (AA) SCIENCE CENTER OF IOWA 401 W MLK JR PKWY Class C Liquor (BB) SMOKIN JOES OUTLET #4 2800 E UNIVERSITY AVE Class E Liquor (CC) TEQUILA RESTAURANT 2824 EASTON BLVD Class C Liquor (DD) YOUR BEST FRIENDS BAR 6218 WILLOWMERE DR Class C Liquor (EE) ZOMBIE BURGER 300 E GRAND AVE #100 Class C Liquor SPECIAL EVENT APPLICATONS (FF) APRES BAR CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER/FEVER EVENT ON JULY 27, 2024. 2 7/15/2024 (GG) APRES BAR CO 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON JULY 27, 2024. (HH) BEAVERDALE NEIGHBORHOOD 4900 HICKMAN RD 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BEAVERDALE BLUEGRASS FESTIVAL ON JULY 20, 2024. (II) BIRDS NEST 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (JJ) BUBBLY BAR 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (KK) BUD TENT 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (LL) DEPOT 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (MM) IOWA CRAFT BEER TENT 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (NN) IOWA STATE FAIR GARDEN 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FAIR AFTER DARK ON AUGUST 9 - 10, 2024 (OO) IOWA STATE FAIR 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (PP) IOWA STATE FAIR 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR FAIR AFTER DARK ON AUGUST 10, 2024. (QQ) JASPER WINERY 3000 E GRAND AVE 5 days SPECIAL CLASS C NATIVE WINE FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (RR) JASPER WINERY 3000 E GRAND AVE 5 days SPECIAL CLASS C NATIVE WINE FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. 3 7/15/2024  (SS) JASPER WINERY 3000 E GRAND AVE 5 days SPECIAL CLASS C NATIVE WINE FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (TT) JRS SOUTHPORK RANCH 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (UU) OLD WEST ROADHOUSE 3000 E GRAND AVE 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (VV) SHOP DSM, THE 901 CHERRY ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THURSDAYS AT THE SHOP ON JULY 25, 2025 (WW) SHOP DSM, THE 901 CHERRY ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THURSDAYS AT THE SHOP ON JULY 18, 2024. (XX) SHOP DSM, THE 901 CHERRY ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THURSDAYSAT THE SHOP ON AUGUST 1, 2024. (YY) STOCKMANS INN 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR THE IOWA STATE FAIR ON AUGUST 8 - 18, 2024. (ZZ) SUSAN KNAPP AMPHITHEATER 551 E 34TH ST 14 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE IOWA STATE FAIR ON AUGUST 8 – 18, 2024. (AAA) TRAVELING NOVA LLC 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING RECEPTION ON AUGUST 3, 2024. OUTDOOR SERVICE APPLICATION (BBB) STRIKING SPARROW LOUNGE 1930 SE 6TH ST Class C Liquor PERMANENT. 24-0929 4-I Consideration of a Class C Liquor License for Continental, 407 E 5th Street. Pending approval of the Vice Department. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 4 7/15/2024 24-0930 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-1. Nays: Voss. PUBLIC IMPROVEMENTS 6. Approving and authorizing the execution of Iowa Department of Transportation (IDOT) Agreement for IA 163 (E. University Avenue) from US 69 (E. 14th Street) to Easton Boulevard Street improvements. (Council Communication No. 24-285) 24-0931 7. Approving Guaranteed Maximum Price (GMP) Amendment No. 2 with Ryan Companies US, Inc. for Construction Manager at Risk (CMaR) services for the Des Moines Fire Station No. 4 Replacement, not to exceed $12,961,920. (Council Communication No. 24-289) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 8. Items regarding the proposed Gray’s Lake Playground and Sprayground Project: (Council Communication No. 24-290) 24-0932 (A) Approval of Conceptual Design Plan for the Gray’s Lake Playground and Sprayground Project. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0933 (B) Approving exception to Request for Proposal (RFP) process for good cause and approving Professional Services Agreement (PSA) with Confluence, Inc. for the Gray’s Lake Playground and Sprayground Project, not to exceed $197,700. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0934 9. Approval of Amendment Number Three of the Agreement between the Flood Mitigation Board and the City of Des Moines, Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) pursuant to the Iowa Flood Mitigation Program. (Council Communication No. 24-291) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0935 10. Approving Private Construction Contract between Alliance Construction Group, LLC and J. Larson Homes, LLC for paving improvements in Three Lakes Estates Plat 10 in the vicinity of E. Army Post Road and Indianola Road. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0936 11. Approving completion and acceptance of Private Construction Contract between Sternquist Construction, Inc. and DR Horton - Iowa for paving improvements in The Woods at Copper Creek Plat 5 in the vicinity of E. 50th Street and E. Sheridan Avenue. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0937 12. Communication from contractor requesting permission to sublet certain items on a public improvement project. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 5 7/15/2024  13. Accepting completed construction and approving final payment for the following: 24-0938 (A) Teachout Pool Painting Improvements – Superior Painting & Epoxy Coating, LLC. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0939 (B) Riverview Restroom Facility – Munro Construction Company. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0940 (C) Hamilton Drain Storm Water Improvements Phase 2 – RW Excavating Solutions, LC. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. SPECIAL ASSESSMENTS 24-0941 14. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-07. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0942 15. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-07. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0943 16. Levying Assessments for costs of Public Works Sewer Repair at 3012 Oxford Street, Schedule No. 2024-03. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 24-0944 17. Approving Gray’s Station Plat 5 Final Plat and acceptance of Subdivision Bond. (Council Communication No. 24-301) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 18. Number not used. 24-0945 19. Authorization to proceed with acquisition of the necessary property interests for the Intelligent Transportation Systems (ITS) Upgrade – Phase 5 Project. (Council Communication No. 24-288) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 6 7/15/2024  BOARDS/COMMISSIONS/NEIGHBORHOODS 24-0946 20. Recommendation from Mayor Boesen to appoint Andrea Ytzen to the Building and Fire Code Board of Appeals, Seat 1, for a term expiring April 1, 2025. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0947 21. Recommendation from Mayor Boesen to appoint Anne Whatley to the Housing Appeals Board, Seat 1, for a term expiring March 16, 2027. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0948 22. Recommendation from Council Member Mandelbaum to appoint Kuuku Saah to the Zoning Board of Adjustment, Seat 6, for a term expiring April 6, 2026. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0949 23. Recommendation from the Youth Advisory Board to appoint Sophia Whitehead and Logan A. Corwin for a term expiring August 1, 2025. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0950 24. Recommendation from Mayor Boesen to reappoint Evan Herlocker to the Historic Preservation Commission, Seat 12, for a term expiring February 3, 2027. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0951 25. Recommendation from Mayor Boesen to reappoint Frederick Gaddy to the Housing Services Board, Seat 1, for a term expiring June 30, 2026. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0952 26. Recommendation from Mayor Boesen to reappoint Timothy Hickman to the Library Board of Trustees, Seat 2, for a term expiring June 30, 2029. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0953 27. Recommendation from Mayor Boesen to reappoint Dr. Isobel Osius to the Library Board of Trustees, Seat 3, for a term expiring June 30, 2028. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0954 28. Recommendation from Mayor Boesen to reappoint Marvin Alexander to the Civil Service Commission, Seat 4, for a term expiring March 31, 2026. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0955 29. Recommendation from Mayor Boesen to reappoint Alec Quijano to the Civil Service Commission, Seat 3, for a term expiring March 31, 2026. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0956 29-1 Recommendation from Council Member Westergaard to reappoint Andrew Lorentzen to the Plan and Zoning Commission, Seat 10, for a term expiring July 2, 2029. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 7 7/15/2024  SETTING DATE OF HEARINGS 24-0957 30. On conveyance of 1607 Clark Street to The Woods Bibbin Company LLC for $6,500, (8-5- 24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0958 31. On conveyance of 2800 and 2818 Bell Avenue to Bams Properties, LLC, Steven Jones and Matthew Norris for Christian Edward Print and Graphics expansion, $174,027, (8-5-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0959 32. On a request from Tasty King of Iowa, LLC (Neil Thomson, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Industrial within a Community Node to Community Mixed Use within a Community Node and to rezone 205 University Avenue from “MX2” Mixed Use District to “MX3” Mixed Use District, to bring an existing restaurant with a drive-through use into conformance with zoning regulations, (8-5-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0960 33. On a request from S&S Homebuilders, LLC (Nick Stephenson, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Low Density Residential to Low-Medium Density Residential and to rezone 902 and 908 31st Street from “N5” Neighborhood District to “NX1” Neighborhood Mix District, to allow the construction of a residential row building, (8-5-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0961 34. On a request from MidAmerican Energy Company (Benjamin Keith and Mark D. Lowe, Officers) for review and approval of an 8th amendment to the Airport Commerce Park West PUD Conceptual Plan at 5700 Thornton Avenue, to allow a utility substation use and additional fencing options, (8-5-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0962 35. On a City-initiated request to rename two cul-de-sac street segments of Caulder Court to East Caulder Court, (8-5-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0963 36. On the First Amendment to the Fourth Restated City-Wide Urban Revitalization Plan to update the definition of missing middle residential and to add certain building material requirements to be eligible for tax abatement, (8-5-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 8 7/15/2024  LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-0964 37. Approving payment to Michael DeMoss for a workers’ compensation claim. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0965 38. Approving payment to Alex Petersen for a personal injury claim. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. CITY MANAGER COMMUNICATIONS 24-0966 39. Submitting travel and training request for Mayor Connie Boesen. (Council Communication No. 24-300) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. APPROVING 24-0967 40. Issuance of a Certificate of Completion to HOA EVMF LLC for construction of a new 7- story mixed use building containing approximately 110 residential units and at least 4,000 square feet of commercial space at 317 E. 6th Street in the Metro Center Urban Renewal Area. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0968 41. Agreement with Rebuilding Together Greater Des Moines, Inc. d/b/a Rebuilding Together to support homeowners using the Neighborhood Services - Property Improvement Division (ION Program). (Council Communication No. 24-295) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 42. Items regarding American Rescue Plan Act (ARPA) funding agreement with the Des Moines Public Schools: (Council Communication No. 24-298) 24-0969 (A) Mutual termination of agreement for expanded preschool and associated wrap around care. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0970 (B) Approving first amendment to agreement to fund the expansion of preschool classes. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0971 43. Des Moines Metropolitan Planning Organization (MPO) Fiscal Year (FY) 2025 Unified Planning Work Program and Budget and authorizing payment of FY 2025 Assessment in the amount of $211,034. (Council Communication No. 24-299) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0972 44. First Amendment to Amended and Restated 28E Agreement with Neighborhood Development Corporation (NDC). (Council Communication No. 24-294) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 9 7/15/2024 24-0973 45. Grant Agreement with Invest DSM, Inc. (Council Communication No. 24-293) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0974 46. First Amendment to American Rescue Plan Act (ARPA) funding agreement with Trees Forever, Inc. for supplemental tree planting services. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0975 47. Agreement for sharing of financial expenses with Polk County for the MidAmerican Energy Two Rivers Park. (Council Communication No. 24-306) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0976 48. Ratification of the National Park Service (NPS) Land and Water Conservation Fund (LWCF) grant application by the Parks and Recreation Department seeking $145,000 for Cheatom Park Playground Improvements Project. (Council Communication No. 24-281) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0977 49. Application for the 2024 Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies Grant, $99,970. (Council Communication No. 24-297) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0978 50. 28E Agreement with the Des Moines Airport Authority to provide for the joint exercise of the respective powers in connection with the issuance of parking citation-complaints at the Airport. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0979 51. An exception to the procurement ordinance competitive bidding requirements and renewal amendment to the cost sharing agreement with the Des Moines Independent Community School District related to the School Crossing Guard Program. (Council Communication No. 24-296) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0980 52. Use of various City facilities as poll sites for precincts 24, 25, and 54 for the Polk County General Election on Tuesday, November 5, 2024. Moved by Gatto to approve access to the building. Second by Coleman. Motion Carried 7-0. 53. Abatement of public nuisances as follows: 24-0981 (A) 3225 State Avenue. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0982 (B) 7204 SW 14th Street. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0983 (C) 130 E. 33rd Street. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 10 7/15/2024  54. Purchases from the following: 24-0984 (A) RW Excavating Solutions, LC for log jam removal services at the SW 1st Street Bridge for use by the Public Works Department, $132,000. (Two hundred seventy-nine (279) potential bidders and seven (7) bids received). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0985 (B) G&S Service, Inc. (Darrell Been, President) for initial procurement term of two (2) years with two (2) additional two-year renewal options for vehicle towing storage services for use by the Neighborhood Inspections Division, estimated annual cost $5,000. (One (1) compliant bid received). (Council Communication No. 24-292) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0986 (C) Purchase of up to 55 vehicles for use in various City Departments for Fiscal Year 2024- 2025 utilizing various State of Iowa Department of Administrative Services (DAS) and other approved procurement contracts, total maximum amount $2,500,000. (Council Communication No. 24-303) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0987 (D) Stew Hansen Dodge City (Dan Boettcher, General Manager) for auto body repair services for use by various City Departments for Fiscal Year 2025 per State of Iowa (DAS) purchasing contract, estimated annual amount $350,0000. (Council Communication No. 24-304) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0988 (E) Housby Mack Inc. (Kelly Housby, CEO) for a one-year agreement with two (2) additional one-year renewal options for repair and maintenance of heavy-duty trucks and the installed refuse collection equipment and related telematics services, annual amount up to $250,000. (Council Communication No. 24-305) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0989 55. Purchase from Reliant Fire Apparatus, Inc. (Brett Krueger, CEO) for one heavy-duty rescue vehicle per Houston-Galveston Area Council (HGAC) Contract for use by the Fire Department, $1,509,503. (Council Communication No. 24-280) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0990 56. Purchase from Sutphen Corporation (Drew Sutphen, President) for one (1) 75-foot, single axle, aerial fire apparatus per Houston-Galveston Area Council (HGAC) Contract for use by the Fire Department, $1,767,962.04. (Council Communication No. 24-279) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-0991 57. Receive and file Quarterly Treasurer’s Report as of June 30, 2024. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 11 7/15/2024 24-0992 58. Authorizing Finance Director to draw checks on registers for the weeks of July 15, 22 and 29, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of July 15, 22 and 29, 2024; to draw checks for biweekly payroll due on July 26, 2024. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 59 THRU 67) 24-0993 59. On continuance of hearing on a Commercial Lease Agreement with Panom & Sons LLC d/b/a Blu Thai Food and Sushi for use of Suite 309 for restaurant purposes located in City- owned property at the T.M. Franklin Cownie City Administration Building located at 1200 Locust Street to August 5, 2024 at 5:00PM. Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 7-0. 24-0994 60. On first amendment to a license agreement with the Des Moines Area Regional Transit Authority (DART) for bus benches in street right-of-way. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-0995 61. On approval of a License Agreement with Timbercrest Homes, LLC for use of a portion of E. Army Post Road right-of-way at planned SE 30th Street for private stormwater treatment improvements, $4,900. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0996 (A) Approving Three Lakes Estates Plat 10 Final Plat and Acceptance of Subdivision Bond. (Council Communication No. 24-302) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-0997 62. On approval of License Agreement with Des Moines Water Works for placement of data collection equipment on various City-owned properties. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-0998 63. On conveyance of a Permanent Easement for Water Main Right-of-Way in property located at 2704, 2706, 2714 and 2718 George Flagg Parkway to Des Moines Water Works, $1. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 12 7/15/2024 Motion by Gatto to temporarily suspend the hearing at 5:44 PM until after the tornado warning. Moved by Gatto. Second by Coleman. Motion Carried 7-0. Meeting reconvened at 6:11 PM. Roll Call: Present: Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Absent: Boesen. 64. On a request from Orchard Place Des Moines Children's Home (Valerie Saltsgaver, Officer) to amend PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to Low-Medium Density Residential and to rezone a parcel located in the vicinity of 1301 Kenyon Avenue from “NX1” Neighborhood- Mix District to Limited “NX2” Neighborhood-Mix District, to allow re-use of the existing building as a “Group Living Not Otherwise Classified” use.(Choose one alternative below) (A) Approve. (Requires six votes for approval due to opposition of relevant property owners) (1) First consideration of ordinance above. (2) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. OR (B) Deny. 65. On a request from Monsoon Asians & Pacific Islanders in Solidarity (Mira Yusef, Officer) to rezone 1212 E. 17th Court from “N3a” Neighborhood District to “RX1” Mixed Use District, to allow re-use of an existing dwelling for an office – professional use. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 66. On 2024 HMA Resurfacing Program Contract 2: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving (Kevin Bragg, President), $588,480.75. (Council Communication No. 24-282) (A) Approval of contract and bond. 13 7/15/2024  67. On Birdland Pool Repair and Painting Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Superior Painting & Epoxy Coating, LLC (Anthony Negrete Jr., Manager), $318,000. (Council Communication No. 24-283) (A) Approval of contract and bond. ORDINANCES FIRST CONSIDERATION 68. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-286) (A) Speed Limit Modification – Keosauqua Way from Tenth Street to Interstate 235 (B) Speed Limit Modification – 56th Street from Grand Avenue to Ingersoll Avenue (C) Traffic Control Modifications – Pedestrian Signals related to the E. University Avenue Improvements from E. 14th Street to E .17th Court Avenue project (D) Code Correction related to Market District improvements: (1) SE 2nd Street – E. Court Avenue to Des Moines River (2) SE 3rd Street – E. Court Avenue to E Market Street (3) East Elm Street – SE 2nd Street to SE 4th Street (4) East Market Street (private) – SE 2nd Street to SE 4th Street (E) Corner Clearance Parking Restrictions: (1) 19th Street and Crocker Street (2) 36th Street and Seneca Street (3) 37th Street and Beaver Avenue (4) Thompson Avenue and Lay Street 69. Amending Chapter 114 of the Municipal Code relating to the licensing and operation of Pedicabs. (Council Communication No. 24-287) 70. Amending Section 114-243 of the Municipal Code relating to civil automated traffic enforcement. (A) Final consideration of ordinance above (waiver requested by Dana Wingert, Chief of Police), requires six votes. (B) Approving an amended Schedule of Administrative Penalties for civil penalties for violation of the automated traffic enforcement ordinance. 14 7/15/2024  COMMUNICATIONS/REPORTS 71. Requests to speak as follows: (A) Lu Hallmeyer (B) Jeff Krugler (C) Tom Rendon (D) Jerome (Jerry) Bradley (E) Antwonette K Shade (F) Veola Perry (G) Noah Beacom (H) Lori Young (I) Elizabeth Leas (J) Tasida Barfoot (K) Zachary Kyman (L) Adam Callanan (M) Carol Maher (N) Jolene Prescott 24-0999 71-I Motion to continue the rest of the agenda items and all of the remaining hearing items until Monday, July 22, 2024 at 7:30 AM at City Hall Council Chambers. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 6-0. Absent: Boesen. 24-1000 MOTION TO ADJOURN. Moved by Gatto to adjourn at 6:13 PM. Second by Coleman. Motion Carried 6-0. Absent: Boesen 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 15 7/15/2024