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 August 5, 2024 5:00 PM I. CLOSED SESSION – 3:30 PM 24-1036 (A) Roll Call. Present: Boesen, Simonson, Voss, Westergaard, and Mandelbaum. Absent: Coleman and Gatto. Council Member Voss participated in the meeting by phone. Council Member Coleman entered the meeting at 3:39 PM during item C. 24-1037 (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 Mandelbaum to adopt. Second by Simonson. Motion Carried upon roll call 5-0. Absent: Coleman and Gatto. 24-1038 (C) Closed Session. 24-1039 (D) Terminate closed session and reconvene in open session. Moved by Westergaard to adopt. Second by Coleman. Motion Carried 6-0. Absent: Gatto. 1 8/5/2024 24-1040 (E) Motion to adjourn. Moved by Voss to adjourn at 4:24 PM. Second by Mandelbaum. Motion Carried 6-0. Absent: Gatto. * * * * * * * * * * * * * * * * * * * * * * * * 24-1041 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, and Mandelbaum. Absent: Gatto. Council Member Voss participated in the meeting by phone. 24-1042 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Westergaard to amend the agenda by striking item 37 the second reading of an ordinance concerning agricultural non-domestic animals and postponing indefinitely and directing the City Manager to bring back a different ordinance amendment related to that subject matter and approve the agenda as amended. Second by Coleman. Motion Carried 6-0. Absent: Gatto. 24-1043 3. APPROVING CONSENT AGENDA * – items 3 through 34: Moved by Coleman to adopt the balance of the Consent Agenda. Second by Simonson. Motion Carried 6-0. Absent: Gatto. *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 24-1044 4. Approving Alcoholic Beverage License Applications for the following: Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. NEW APPLICATIONS (A) EL RINCON CUBANO 1452 2ND AVE Class C Liquor RENEWAL APPLICATIONS (B) 1833 SALOON 1833 HUBBELL AVE Class C Liquor (C) BAR NICO 428 E LOCUST ST Class C Liquor (D) CAVE DSM 1437 WALNUT ST Special Class C (E) CHAMLING FOOD 200 ARMY POST RD #20 Class B Retail (F) DJANGO 1420 LOCUST ST Class C Liquor (G) EAST SIDE EDDIES 3517 E 26TH ST Class C Liquor (H) EL PALOMINO 3116 E 14TH ST Class B Retail (I) EL PATIO MEXICAN 611 37TH ST Class C Liquor (J) GIT N GO #26 2140 E PARK AVE Class B Retail 2 8/5/2024  (K) GIT N GO #7 3000 MERLE HAY RD Class B Retail (L) HOTEL FORT DES MOINES 1000 WALNUT ST Class C Liquor (M) INGERSOLL TAP 2837 INGERSOLL AVE Class C Liquor (N) NEW DISCOUNT MARKET 3207 DOUGLAS AVE Class B Retail (O) SECRET ADMIRER 110 SW 5TH ST Class C Liquor (P) SORIANO LATINO 2300 HICKMAN RD Class B Retail (Q) STAR BAR 2811 INGERSOLL AVE Class C Liquor (R) SUPER QUICK SMOKES 5625 HICKMAN RD Class B Retail (S) TOADS TAVERN 3002 STATE AVE Class C Liquor (T) W TAO SUSHI 400 WALNUT ST 101A Class C Liquor SPECIAL EVENT APPLICATIONS (U) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR 100TH ANNIVERSARY EVENT ON AUGUST 24, 2024. (V) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR THE WEDDING SHOW ON AUGUST 18, 2024. (W) APRES BAR CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR A WEDDING RECEPTION ON AUGUST 22, 2024. (X) GREATER DSM PARTNER 1330 GRAND AVE (BEER TENT) 5 days CLASS C LIQUOR LICENSE FOR WORLD FOOD AND MUSIC FESTIVAL ON AUGUST 23-25, 2024. (Y) GREATER DSM PARTNER 1119 LOCUST ST (BEER TENT) 5 days CLASS C LIQUOR LICENSE FOR WORLD FOOD AND MUSIC FESTIVAL ON AUGUST 23-25, 2024 (Z) GREATER DSM PARTNER 1205 LOCUST ST (BEER TENT) 5 days CLASS C LIQUOR LICENSE FOR WORLD FOOD AND MUSIC FESTIVAL ON AUGUST 23-25, 2024. (AA) SA PRESENTS 2251 GEORGE FLAGG PKWY A 5 days CLASS C LIQUOR LICENSE FOR JAMEY JOHNSON CONCERT ON AUGUST 23, 2024. (BB) YOUR PRIVATE BAR 120 E 5TH ST 14 days CLASS C LIQUOR LICENSE FOR A WEDDING ON AUGUST 17, 2024. 24-1045 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Coleman to adopt. Second by Simonson. Motion Carried 5-1. Nays: Voss. Absent: Gatto. 3 8/5/2024  PUBLIC IMPROVEMENTS 24-1046 6. Approving the Fiscal Year 2026 Traffic Safety Improvement Program (TSIP) Application to the Iowa Department of Transportation (Iowa DOT) for the 19th Street Improvement Project. (Council Communication No. 24-311) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1047 7. Approving the Fiscal Year 2026 Traffic Safety Improvement Program (TSIP) Application to the Iowa Department of Transportation (IDOT) for the Citywide installation of flashing yellow arrow traffic signal heads along five (5) corridors. (Council Communication No. 24- 312) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1048 8. Approving and authorizing the execution of a 28E Agreement with the City of West Des Moines for major construction within the public right-of-way of SW 63rd Street/SE 1st Street for the 63rd Street Trail from SW McKinley Avenue to the Raccoon River. (Council Communication No. 24-313) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1049 9. Approving Guaranteed Maximum Price (GMP) Amendment 1 with J.E. Dunn Construction Company for Construction Manager at Risk services for the North Side Community Recreation Center, not to exceed $273,082. (Council Communication No. 24-314) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1050 10. Approving Change Order No. 6 with Municipal Pipe Tool Company, Inc. for additional work on 2022 Sewer Lining Program, $477,265.80. (Council Communication No. 24-315) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1051 11. Approval of contract and bond for construction of an improvement with an estimated cost which is less than the Iowa Code competitive bid threshold, 3rd & Court Avenue Parking Garage Skywalk Lobby Improvements, Bergstrom Construction, Inc. (Tom Gorgas, President), $44,761. (Council Communication No. 24-316) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 4 8/5/2024  SPECIAL ASSESSMENTS 24-1052 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-08. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1053 13. Deletion of NAC – Emergency Assessment at 2335 Lyon Street. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1054 14. Deletion of rental inspection assessment at 3401 SE 20th Street. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. LAND/PROPERTY TRANSACTIONS 24-1055 15. Acceptance of Real Estate documents from Ty Cawley for voluntary acquisition of property located at 200 Euclid Avenue for $500,000, and authorization to use Community Development Block Grant (CDBG) funds for acquisition and stabilization. (Council Communication No. 24-320) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 16. Number not used. 24-1056 17. Approving 50 tax abatement applications for work completed in 2024. (Council Communication No. 24-322) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1057 18. Authorization to proceed with acquisition of the necessary property interests for the Hamilton Drain Storm Water Improvements Phase 4 Project. (Council Communication No. 24-318) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1058 19. City initiated rezoning of three parcels in the SE Industrial Urban Renewal Plan located along East Army Post Road, west of SE 45th Street and east of SE 36th Street, bounded on the north by East Army Post Road and East Pine Avenue to the south. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. BOARDS/COMMISSIONS/NEIGHBORHOODS 19-I Recommendation from Mayor Boesen to appoint the following to the Historic Preservation Commission: 24-1059 (A) John Beard, Seat 2, expiring March 28, 2026. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1060 (B) Kathy Hellstern, Seat 11, expiring February 3, 2027. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 5 8/5/2024 24-1061 20. Receipt of communication from Meg Schneider advising of her resignation from the Transportation Safety Committee, Seat 2, effective immediately. Moved by Coleman to receive, file, and accept resignation with appreciation for her service. Second by Simonson. Motion Carried 6-0. Absent: Gatto. COMMUNICATIONS FROM PLANNING AND ZONING 24-1062 21. Regarding a request from Star Lofts Condos (Scott Cutler, Officer) regarding the vacation of 567 square feet of surface right-of-way for patios and 90 square feet of sub-surface right-of- way for a foundation for a retaining wall at 2701 Ingersoll Ave. Moved by Coleman to receive and file the communication from the Plan and Zoning Commission, and refer to the Engineering Department, Real Estate Division. Second by Simonson. Motion Carried 6-0. Absent: Gatto. SETTING DATE OF HEARINGS 24-1063 22. On a request from JSG Properties, LLC (Gary Jones, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park to Industrial and to rezone 3001 McKinley Avenue from “EX” Mixed Use District to Limited “I1” Industrial District to allow the expansion of an existing industrial and warehousing use with zoning regulations, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1064 23. On a request from Lillian C. Riccelli (Owner) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential to Neighborhood Mixed Use and to rezone two (2) parcels located at 3803 Indianola Avenue and 3805 Indianola Avenue from “N3a” Neighborhood District to “MX1” Mixed Use District to allow a mixed-use (commercial and residential) redevelopment of the site, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6- 0. Absent: Gatto. 24-1065 24. On assessment of $1,500 penalty and thirty (30) day suspension to Super Quick, 303 SE 30th Street for violation of Iowa Alcoholic Beverage Laws, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1066 24-I On the issuance of not to exceed $34,000,000 General Obligation Bonds for essential corporate purposes, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 6 8/5/2024  24-II On the issuance of General Obligation Bonds for the following: 24-1067 (A) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-1, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1068 (B) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-2, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1069 (C) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-3, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1070 (D) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-4, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1071 (E) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-5, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1072 (F) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-6, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1073 (G) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-7, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1074 (H) On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-8, (8-19-24). Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-1075 25. Approving retention of outside counsel and waiver and consent to conflict of interest in representation by Brown Winick Law Firm regarding a sick leave insurance program. Moved by Coleman to adopt. Second by Simonson. Motion Carried 5-0. Council Member Coleman declares a conflict of interest and abstains from voting. Absent: Gatto. 24-1076 26. Approving payment to Karen Welch for a property damage claim. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 7 8/5/2024 24-1077 27. Approving payment to Kallie Christensen for a property damage claim. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. CITY MANAGER COMMUNICATIONS 24-1078 28. Submitting travel and training request for Sherill Whisenand. (Council Communication No. 24-321) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. APPROVING 24-1079 29. Suspension of civil service hiring practices for entrance positions as authorized by Iowa Code Section 400.12A for the period August 5, 2024 through August 4, 2025. (Council Communication No. 24-308) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 30. Purchases from the following: 24-1080 (A) Sunset Law Enforcement LTD (Mike Bright, Owner), Streicher’s, Inc. (Jeremy Jenniges, President) and Kiesler Police Supply, Inc. (Doug Kiesler, CEO) for ammunition and approving use of State of Iowa Master Agreements for use by the Police Department, estimated annual cost $310,671.15. (Council Communication No. 24-307) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1081 (B) MB Lawn Care, LLC for the soil quality restoration services for the Soil Quality Restoration Batch and Build Program as requested by the Public Works Department, at a total cost of $156,000. (193 potential bidders, 4 received) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1082 (C) MacQueen Equipment (Dan Gage, President/CEO) for three (3) replacement street sweepers and approving use of Sourcewell Contract for use by the Public Works Department, $934,893.60. (Council Communication No. 24-309) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 31. Abatement of public nuisances as follows: 24-1083 (A) 1909 E. 22nd Street. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1084 (B) 6604 SW 17th Street. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1085 (C) 6209 SE 5th Street. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 8 8/5/2024 24-1086 (D) 2825 SE 14th Street, Lot 5. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1087 (E) 2825 SE 14th Street, Lot 11. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1088 (F) 2825 SE 14th Street, Lot 29. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1089 (G) 2825 SE 14th Street, Lot 30. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1090 (H) 2825 SE 14th Street, Lot 44. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1091 (I) 2825 SE 14th Street, Lot 62. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1092 (J) 2825 SE 14th Street, Lot 64. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1093 (K) 2825 SE 14th Street, Lot 70. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1094 32. Communication of fire escrow at 2705 E. Railroad Avenue. Moved by Coleman to receive and file and to direct the City Attorney to bring legal action within one hundred eighty (180) days of notice received on June 5, 2024, if owner(s) has not demolished or renovated the structure. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1095 33. Release of fire escrow at 1306 E. 27th Court. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1096 34. Authorizing Finance Director to draw checks on registers for the weeks of August 5 and 12, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of August 5 and 12, 2024; to draw checks for biweekly payroll due on August 9, 2024. Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * ORDINANCES - SECOND CONSIDERATION 24-1097 35. Amending Sections 102-8, 102-615 and 3-23 of the Municipal Code relating to abandoned property and the removal of encroachments. Moved by Coleman that this ordinance be considered and given second vote for passage. Second by Westergaard. Motion Carried 5-1. Nays: Mandelbaum. Absent: Gatto 24-1098 36. Amending Chapter 102 of the Municipal Code relating to prohibited camping. (Council Communication No. 24-325) Moved by Coleman that this ordinance be considered and given second vote for passage. Second by Westergaard. Motion Carried 5-1. Nays: Mandelbaum. Absent: Gatto. 9 8/5/2024 WITHDRAWN 24-1099 37. Amending Sections 18-4 and 18-136 of the Municipal Code relating to agricultural nondomestic animals and exotic animals and the types permitted. HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 38 THRU 46) 24-1100 38. Dismiss 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. Moved by Mandelbaum to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1101 39. On conveyance of 1607 Clark Street to The Woods Bibbin Company LLC for $6,500. (Council Communication No. 24-319) Moved by Coleman to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1102 40. On conveyance of 2800 and 2818 Bell Avenue to Bams Properties, LLC (Steven Jones and Matthew Norris, Owners) for Christian Edward Print and Graphics expansion, $174,027. (Council Communication No. 24-317) Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 6-0. Absent: Gatto. 24-1103 41. 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. Moved by Coleman to adopt. Second by Mandelbaum. Motion Carried 6-0. Absent: Gatto. 24-1104 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 6-0. Absent: Gatto. 24-1105 (B) Final consideration of ordinance above (waiver requested by 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, #16,373. Second by Mandelbaum. Motion Carried 6-0. Absent: Gatto. 10 8/5/2024 24-1106 42. 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 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. Moved by Mandelbaum to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1107 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1108 (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, #16,374. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1109 43. 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. Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 6-0. Absent: Gatto. 24-1110 44. On a City-initiated request to rename two cul-de-sac street segments of Caulder Court to East Caulder Court. Moved by Coleman to adopt. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. 24-1111 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. 24-1112 (B) Final consideration of ordinance above (waiver requested by Cody Christensen, Development Services Director), 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, #16,375. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. 24-1113 45. 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. Moved by Coleman to adopt. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. 11 8/5/2024 24-1114 46. On the proposed 35th Amendment to the Urban Renewal Plan for the Metro Center Urban Renewal Area. (Council Communication No. 24-324) Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 6-0. Absent: Gatto. ****END HEARINGS AT 5:15 P.M.**** SETTING DATE OF HEARING II 47. Number not used. 24-1115 48. On the issuance of not to exceed $20,100,000 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes, (8-19-24). Moved by Westergaard to adopt. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 49. Number not used. 50. Number not used 51. Number not used. 52. Number not used. 53. Number not used 54. Number not used. 55. Number not used. 56. Number not used. CITY MANAGER REQUEST 24-1116 56-I Council discussion on Section 102-2 regarding maintenance of border area. Moved by Coleman to direct the City Manager to establish a moratorium on enforcement of this section until the ordinance can be rewritten and returned to the City Council. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. ORDINANCES FIRST CONSIDERATION 24-1117 57. Amending Section 74-101 of the Municipal Code relating to overnight use of parks by special permit. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1118 (A) Final consideration of ordinance above (waiver requested by Ben Page, Parks and Recreation Department Director), 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, #16,376. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 24-1119 58. Amending Section 46-2 of the Municipal Code relating to fire zones and boundaries. Moved by Simonson that this ordinance be considered and given first vote for passage. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. 12 8/5/2024 24-1120 (A) Final consideration of ordinance above (waiver requested by Chief Tekippe, Des Moines Fire Department), requires six votes. Moved by Simonson 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, #16,377. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. 24-1121 59. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-310) Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 6-0. Absent: Gatto. (A) Parking Modification – Accessible parking space on 33rd Street between College Avenue and Mondamin Avenue. (B) Code Correction – E. Broadway Avenue from the west city limits to the east city limits. COMMUNICATIONS/REPORTS 24-1122 60. Requests to speak as follows: Moved by Coleman to receive and file. Second by Mandelbaum. Motion Carried 6-0. Absent: Gatto. Motion by Simonson to receive and file documents from Jodi Runge and EJ Philby Burton. Second by Westergaard. Motion Carried 6-0. Absent: Gatto. (A) Jacob Formaro (B) Suzanne Overton (C) Kiersten Buhr (D) Monika Owczarski (E) Marco Battaglia (F) Keenan Crow (G) Kimberly Graham (H) Jodi Runge (I) Candy Haney (J) Giada Morresi (K) Rebekah Delgado (L) Taylor Klocke – Did not speak. (M) Sally Davis (N) EJ Philby Burton (O) Jon Philby Burton (P) Ed Fallon (Q) Bridget Fagan-Reidburn – Did not speak. (R) Sarah Reid 13 8/5/2024  (S) Jacey Van Roekel – Did not speak. (T) Ben Lynch 24-1123 MOTION TO ADJOURN. Moved by Westergaard to adjourn at 7:06 PM. Second by Mandelbaum. Motion Carried 6-0. Absent: Gatto. 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 14 8/5/2024