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City Council

Regular Meeting

Des Moines, IA · August 19, 2024

AgendaMinutes

Minutes

*** DES MOINES CITY COUNCIL MEETING REPORT *** The City Council took the following action on items listed in the attached meeting agenda summary. Copies of ordinances, resolutions and other Council action may be obtained from the City Clerk's Office (515) 283-4209. The six-digit number beginning with '24-' preceding each item on the agenda is a roll call number assigned by the City Clerk. Please refer to this number when requesting information or copies. SUMMARY OF DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 August 19, 2024 5:00 PM 24-1129 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Simonson participated in the meeting by phone. 24-1130 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-1131 3. APPROVING CONSENT AGENDA * – items 3 through 40: 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 8/19/2024 LICENSES AND PERMITS 24-1132 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. NEW APPLICATIONS (A) EL CHERO 1828 HUBBELL AVE Class C Liquor (B) EL PAISANO 901 E EUCLID AVE Class C Liquor (C) HAIKU 1315 31ST ST #D Class C Liquor (D) LAMP 418 E 5TH ST Class C Liquor RENEWAL APPLICATIONS (E) AJS ON E. COURT 419 E COURT AVE Class C Liquor (F) ALLEGED LEES 510 E GRAND AVE Class C Liquor (G) AMERICAN OUTLAWS 214 3RD ST Class C Liquor (H) BERNARDOS BURRITOS 215 4TH ST Class C Liquor (I) BLUE SUSHI SAKE GRILL 316 COURT AVE Class C Liquor (J) CASEYS STORE #2784 4151 MERLE HAY RD Class B Retail (K) CHEAP SEATS 2301 HUBBELL AVE Class C Liquor (L) CLYDES FINE DINER 111 E GRAND AVE 111 Class C Liquor (M) CONFLUENCE BREWING 1235 THOMAS BECK RD Class C Liquor (N) CROATIAN FRATERNAL 6575 INDIANOLA AVE Class C Liquor (O) DOLLAR STORE #13488 3220 MLK JR PKWY Class B Retail (P) DRAKE UNIVERSITY 1310 25TH ST Special Class C (Q) DRAKE UNIVERSITY 2601 FOREST AVE Special Class C (R) DRAKE UNIVERSITY 2507 UNIVERSITY AVE Special Class C (S) DZO 2611 INGERSOLL AVE Class C Liquor (T) EITHER OR 6222 GRAND AVE Class C Liquor (U) EL VALLE TIENDA 101 ARMY POST RD Class B Retail (V) GAMEDAY LANES 3800 MERLE HAY RD Class C Liquor (W) GIT N GO STORE #36 4164 EASTON BLVD Class B Retail (X) GRAND VIEW UNIVERSITY 2811 E 14TH ST Class C Liquor (Y) GUCKENHEIMER 1900 SCOTT AVE Class C Liquor (Z) HAUNT 500 LOCUST ST Class C Liquor (AA) HOMEWOOD SUITES 7201 SW 22ND ST Special Class C (BB) HY VEE MARKET CAFE #2 2540 E EUCLID AVE Class C Liquor (CC) HY VEE MARKET CAFE #4 4605 FLEUR DR Class C Liquor (DD) KUM & GO #0731 3104 UNIVERSITY AVE Class E Liquor (EE) KUM & GO #120 6304 SW 9TH ST Class B Retail (FF) KUM & GO #536 1300 KEOSAUQUA WAY Class B Retail (GG) LINNS SUPERMARKET 3805 6TH AVE Class B Retail (HH) MERLE HAY LIQUOR 3408 MERLE HAY RD Class E Liquor (II) PAL JOEYS 6224 GRAND AVE Class C Liquor (JJ) PINTS PUB N PATIO 319 COURT AVE Class C Liquor (KK) SOUTHSIDE TOBACCO 2424 SW 9TH ST Class E Liquor (LL) TA'CHIDO 409 COURT AVE Class C Liquor 2 8/19/2024 (MM) TEQUILAS LIQUOR 1434 DES MOINES ST Class E Liquor (NN) TOBACCO OUTLET #510 3409 SW 9TH ST Class B Retail (OO) UP/DOWN 500 E LOCUST ST Class C Liquor (PP) WAVELAND COFFEE 4704 UNIVERSITY AVE Class C Liquor (QQ) XBK 1159 24TH ST Class C Liquor SPECIAL EVENT APPLICATIONS (RR) BEAVERDALE FALL FEST 2805 BEAVER AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON SEPTEMBER 20 -21, 2024. (SS) IOWA LATINO FESTIVAL 1330 GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON SEPTEMBER 21 - 22, 2024. (TT) KATHRYN FRIEDERICHS 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON SEPTEMBER 21, 2024 (UU) SAKARI SUSHI LOUNGE 2605 INGERSOLL AVE 5 days CLASS C LIQUOR LICENSE FOR 15 YEAR ANNIVERSARY CELEBRATION ON SEPTEMBER 1, 2024. (VV) STAR BAR 2801 INGERSOLL AVE 5 days SPECIAL CLASS C LIQUOR LICENSE FOR INGERSOLL LIVE ON AUGUST 24, 2024. (WW) TAI VILLAGE 4200 MLK JR PKWY 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON AUGUST 30 - SEPTEMBER 2, 2024. (XX) YOUR PRIVATE BAR 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR TAILGATE TOUCHDOWN ON SEPTEMBER 7, 2024. (YY) YOUR PRIVATE BAR 1415 WOODLAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR UNITY POINT HEALTH EVENT ON AUGUST 24, 2024. OUTDOOR SERVICE APPLICATIONS (ZZ) CHRISTOPHERS DINING 2816 BEAVER AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 20 - 21, 2024. (AAA) GOODSONS 2815 BEAVER AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 20 - 21, 2024. 3 8/19/2024 (BBB) SODEXO LIVE! 1 LINE DR Class C Liquor TEMPORARY FOR BANANA BALL WORLD TOUR ON SEPTEMBER 6 - 8, 2024. TRANSFER TO NEW LOCATION (CCC) BERNARDOS BURRITOS 215 4TH ST Class C Liquor PERMANENT TO 213 4TH STREET, #100,125. 24-1133 4-I Consideration of new 12-month Class C Liquor License for Rita’s Cantina at 401 SE 5 th Street. Pending approval of Building, Electrical, Fire, Vice and Zoning Departments. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1134 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. PUBLIC IMPROVEMENTS 24-1135 6. Ordering construction of Birdland Pool Filter and Equipment Improvements: Receiving of bids, (9-10-24) and Setting date of hearing, (10-7-24), Engineer’s estimate, $785,000. (Council Communications No. 24-333) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1136 7. Approving Change Order No. 2 with Absolute Concrete Construction, Inc. d/b/a Absolute Group for additional work on E. 4th Street Reconstruction from E. Martin Luther King Jr. Parkway to E. Market Street, $815,098.25. (Council Communication No. 24-334) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1137 8. Approval of contract and bond for construction of an improvement with an estimated cost of which is less than the Iowa Code competitive bid threshold, Birdland Pool Facility Reroofing, R3 Commercial Roofing, Inc. (Bradly Matthews, Owner), $78,702.25. (Council Communication No. 24-332) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1138 9. Approving completion and acceptance of private construction contract between Seneca Companies and QuikTrip Corporation for paving, sanitary sewer and storm sewer improvements at 1930 Indianola Avenue. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 4 8/19/2024 10. Accepting completed construction and approving final payment for the following: 24-1139 (A) Municipal Service Center – Phase 2, Koester Construction Company, Inc. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1140 (B) 2021 HMA Residential Paving Program Contract 3 – LOSST, Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. SPECIAL ASSESSMENTS 24-1141 11. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-08. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1142 12. Deletion of rental inspection assessment at 608 46th Street. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 24-1143 13. Approving final subdivision plat and acceptance of subdivision bond for Elevate Townhomes Plat 2 in the vicinity of 508 Indianola Road. (Council Communication No. 24-343) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-1144 14. Approving expansion of the Easter Lake Area Neighborhood boundaries in accordance with the Neighborhood Recognition Policy. (Council Communication No. 24-336) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1145 15. Recommendation from Council Member Simonson to reappoint Nicholas Cerrato to the Building and Fire Code Board of Appeals, Seat 9, for a three-year term expiring April 1, 2027. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1146 16. Recommendation from Council Member Gatto to reappoint Lisa Treptow to the Sister Cities Commission, Seat 15, for a five-year term expiring April 28, 2029. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 5 8/19/2024 SETTING DATE OF HEARINGS 24-1147 17. On conveyance of excess City property at 1400 E. 17th Court to Polk County for $1, (9-16- 24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1148 18. On vacation of surface and subsurface rights within portions of Ingersoll Avenue right-of- way adjoining 2701 Ingersoll Avenue and conveyance of a Permanent Easement for Building Encroachment and a Permanent Easement for Subsurface Building Encroachment on City- owned Property to Star Lofts Condos for $5,400, (9-16-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1149 19. On request from Delaney Enterprises, LLC (Connor Delaney, Officer) to rezone 515 Euclid Avenue from “MX1” Mixed Use District to “MX2” Mixed Use District to allow an existing building to be used for an “Eating and Drinking Places – Bar” use, (9-16-24). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 20. Number not used. APPROVING WITHDRAWN 24-1150 21. Commitment of $400,000 in Home Investment Partnership Program (HOME) funds for construction of Alley Landing at 2701 Douglas Avenue resulting in 40 affordable housing rental units. 24-1151 22. Support for application to the Iowa Economic Development Authority 2024 Disaster Recovery Grant submitted by Hubbell Homes, LC for the Grover Woods Single Family Housing Project at E. 44th Street and Hubbell Avenue. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1152 23. Issuance of Certificate of Completion to Hoyt, LLC for High Street Lofts located at 610 16 th Street. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1153 24. Submittal of Fiscal Year 2025 State of Iowa Certified Local Government (CLG) grant application to assist with consulting services for the development of a work program and public engagement strategy for conducting a City-wide historic survey. (Council Communication No. 24-350) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1154 25. Fee-For-Service Work Order agreement with Conservation Corps Minnesota & Iowa for conservation work within the City’s various park properties. (Council Communication No. 24-345) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 6 8/19/2024 26. Items regarding the Evelyn K. Davis Basketball Court Mural Project at 1400 Forest Avenue: (Council Communication No. 24-349) 24-1155 (A) Receive and file communication from Greater Des Moines Public Art Foundation (GDMPAF). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1156 (B) Approving the G24 Public Art Grant Agreement with Bravo Greater Des Moines for $40,000 of grant funding. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1157 (C) Approval of agreement with the Des Moines Parks and Recreation Foundation and Jill Wells for the design and maintenance. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1158 (D) Approving execution of an agreement with Des Moines Parks and Recreation Foundation and Project Backboard for mural installation services. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1159 27. Receive and file communication and approve second amendment to the agreement with the Greater Des Moines Public Art Foundation for the installation and maintenance of the Miffy Fountain Sculpture in Western Gateway Park. (Council Communication No. 24-348) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1160 28. Fiscal Year 2024 annual Federal Equitable Sharing Agreement and Certification Report to the U.S. Department of Justice. (Council Communication No. 24-340) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1161 29. Authorizing submittal of sites as part of a regional joint application from the Federal Highway Administration’s Charging and Fueling Infrastructure Discretionary Grant Program and providing matching funds. (Council Communication No. 24-352-1) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1162 30. Annual agreement with MB Lawn Care, LLC (Mirnes Becirovic, President) for landscaping services related to streetscape maintenance for use by the Public Works Department, $108,000. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1163 31. Purchase from Corrective Asphalt Materials, LLC (Anthony J. Witte, President) of asphalt rejuvenation services for use by the Public Works Department, $101,084. (Five (5) potential bidders, one (1) bid received). (Council Communication No. 24-327) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 7 8/19/2024 24-1164 32. Purchase from Smith Fertilizer and Grain Co. (Max Smith, President) and EnviroTech (John Marshall, General Manager) for joint purchase along with the City of West Des Moines, Waukee, Windsor Heights and Johnston representing the Central Iowa Deicing Group (CIDG) of deicing chemicals for use by the Public Works Department, $249,000. (Three (3) potential bidders, three (3) bids received). (Council Communication No. 24-326) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1165 33. Purchase from Tymco Inc. Equipment (Kenneth J. Young, President/CEO) of one (1) regenerative air replacement street sweeper per Sourcewell Contract for use by the Public Works Department, $393,939. (Council Communication No. 24-341) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1166 34. Purchase of computer and accessory equipment from CDW Government, LLC (Christine A. Leahy, President and CEO) per State of Iowa, Omnia and City of Des Moines Short Form Agreements for use by the Information Technology Department, not to exceed $250,000. (Council Communication No. 24-328) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. . 24-1167 35. Purchase of Cisco SmartNet Maintenance and Support Services from Heartland Business Systems (Peter Helander, President) per State of Iowa and Naspo ValuePoint Agreements for use by the Information Technology Department, $291,834.81. (Council Communication No. 24-330) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1168 36. Additional funds of $108,460.28 to the current Cisco DNA Center Enterprise License Agreement from Heartland Business Systems pursuant to the current Cisco Enterprise Agreement and State of Iowa Contract. (Council Communication No. 24-329) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 24-1169 37. Authorizing Finance Director to draw checks on registers for the weeks of August 19 and 26 and September 2 and 9, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of August 19 and 26 and September 2 and 9, 2024; to draw checks for biweekly payroll due on August 23 and September 6, 2024. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. ORDINANCES - SECOND CONSIDERATION 24-1170 38. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: Moved by Gatto that this ordinance be considered and given second vote for passage. Second by Coleman. Motion Carried 7-0. (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. 8 8/19/2024 39. Number not used. 40. Number not used. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 41 THRU 53) 24-1171 41. 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 of the property 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. Moved by Mandelbaum to continue the hearing to allow staff to work with the applicant on conditions to plant larger trees and keep the dumpster enclosed in the building until September 16, 2024. Second by Gatto. Motion Carried 7-0. WITHDRAWN 24-1172 (A) First consideration of ordinance above. WITHDRAWN 24-1173 (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 24-1174 42. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1175 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 24-1176 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,378. Second by Voss. Motion Carried 7-0. 24-1177 43. 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 Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 9 8/19/2024 24-1178 44. On the issuance of not to exceed $34,000,000 General Obligation Bonds for essential corporate purposes. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1179 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1180 45. On the issuance of not to exceed $20,100,000 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-1181 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-1182 46. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-1. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1183 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1184 47. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-2. (Council Communication No. 24-342) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-1185 (A) Authorization for additional action. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 24-1186 48. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-3. (Council Communication No. 24-342) Moved by Voss to adopt. Second by Gatto. Motion Carried 7-0. 24-1187 (A) Authorization for additional action. Moved by Voss to adopt. Second by Gatto. Motion Carried 7-0. 24-1188 49. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-4. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-1189 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 10 8/19/2024 24-1190 50. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-5. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-1191 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 24-1192 51. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-6. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1193 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1194 52. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-7. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1195 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1196 53. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-8. (Council Communication No. 24-342) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1197 (A) Authorization for additional action. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. ***END HEARINGS AT 5:17 PM*** ORDINANCES FIRST CONSIDERATION 24-1198 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-331) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. (A) Parking Modifications Related to Downtown Peak Hour Restriction: (1) 7th Street – High Street to Watson Powell Jr. Way. (2) 10th Street – Walnut Street to Pleasant Street. (3) 17th Street – Grand Avenue to Ingersoll Avenue. (4) Center Street – 6th Avenue to 7th Street. (5) High Street – 6th Avenue to 14th Street. (B) Parking Modification – 9th Street from Walnut Street to Locust Street. 11 8/19/2024 24-1199 (C) Final consideration or ordinance above, requires six votes. Moved by Mandelbaum that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,379. Second by Voss. Motion Carried 7-0. COMMUNICATIONS/REPORTS 24-1120 55. Requests to speak as follows: Moved by Gatto to receive and file. Second by Mandelbaum. Motion Carried 7-0. *Moved by Coleman to receive and file document from Monika Owczarski. Second by Gatto. Motion Carried 7-0. Moved by Mandelbaum to receive and file document from Jamie Nicolino. Second by Coleman. Motion Carried 7-0. Moved by Mandelbaum to receive and file document from Jean O’Donnell. Second by Gatto. Motion Carried 7- 0. Moved by Mandelbaum to receive and file document from Veola Perry. Second by Gatto. Motion Carried 7-0. (A) Luiz Gomez (B) Michaelyn Mankel (C) Elizabeth Leas – Did not speak. (D) Terry Vorbrich (E) Rebecca Carter – Did not speak. (F) John Noble (G) Ryan Arnold – Did not speak. (H) Lloyd Couchman - Did not speak. (I) Nathaniel Tessin Wolfe - Did not speak. (J) Wesley Moore - Did not speak. (K) Lindsey Ritland (L) Samuel Grinstead-Hessburg (M) Jean Hessburg (N) Giada Morresi *(O) Monika Owczarski *(P) Jamie Nicolino *(Q) Jean O'Donnell *(R) Veola Perry (S) JB Conlin - Did not speak. (T) Joe Dolack 24-1201 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:59 PM. Second by Voss. Motion Carried 7-0. 12 8/19/2024 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 13 8/19/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 August 19, 2024 5:00 PM 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 40: *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: NEW APPLICATIONS (A) EL CHERO 1828 HUBBELL AVE Class C Liquor (B) EL PAISANO 901 E EUCLID AVE Class C Liquor (C) HAIKU 1315 31ST ST #D Class C Liquor (D) LAMP 418 E 5TH ST Class C Liquor RENEWAL APPLICATIONS (E) AJS ON E. COURT 419 E COURT AVE Class C Liquor (F) ALLEGED LEES 510 E GRAND AVE Class C Liquor (G) AMERICAN OUTLAWS 214 3RD ST Class C Liquor (H) BERNARDOS BURRITOS 215 4TH ST Class C Liquor (I) BLUE SUSHI SAKE GRILL 316 COURT AVE Class C Liquor (J) CASEYS STORE #2784 4151 MERLE HAY RD Class B Retail (K) CHEAP SEATS 2301 HUBBELL AVE Class C Liquor (L) CLYDES FINE DINER 111 E GRAND AVE 111 Class C Liquor (M) CONFLUENCE BREWING 1235 THOMAS BECK RD Class C Liquor (N) CROATIAN FRATERNAL 6575 INDIANOLA AVE Class C Liquor (O) DOLLAR STORE #13488 3220 MLK JR PKWY Class B Retail 1 (P) DRAKE UNIVERSITY 1310 25TH ST Special Class C (Q) DRAKE UNIVERSITY 2601 FOREST AVE Special Class C (R) DRAKE UNIVERSITY 2507 UNIVERSITY AVE Special Class C (S) DZO 2611 INGERSOLL AVE Class C Liquor (T) EITHER OR 6222 GRAND AVE Class C Liquor (U) EL VALLE TIENDA 101 ARMY POST RD Class B Retail (V) GAMEDAY LANES 3800 MERLE HAY RD Class C Liquor (W) GIT N GO STORE #36 4164 EASTON BLVD Class B Retail (X) GRAND VIEW UNIVERSITY 2811 E 14TH ST Class C Liquor (Y) GUCKENHEIMER 1900 SCOTT AVE Class C Liquor (Z) HAUNT 500 LOCUST ST Class C Liquor (AA) HOMEWOOD SUITES 7201 SW 22ND ST Special Class C (BB) HY VEE MARKET CAFE #2 2540 E EUCLID AVE Class C Liquor (CC) HY VEE MARKET CAFE #4 4605 FLEUR DR Class C Liquor (DD) KUM & GO #0731 3104 UNIVERSITY AVE Class E Liquor (EE) KUM & GO #120 6304 SW 9TH ST Class B Retail (FF) KUM & GO #536 1300 KEOSAUQUA WAY Class B Retail (GG) LINNS SUPERMARKET 3805 6TH AVE Class B Retail (HH) MERLE HAY LIQUOR 3408 MERLE HAY RD Class E Liquor (II) PAL JOEYS 6224 GRAND AVE Class C Liquor (JJ) PINTS PUB N PATIO 319 COURT AVE Class C Liquor (KK) SOUTHSIDE TOBACCO 2424 SW 9TH ST Class E Liquor (LL) TA'CHIDO 409 COURT AVE Class C Liquor (MM) TEQUILAS LIQUOR 1434 DES MOINES ST Class E Liquor (NN) TOBACCO OUTLET #510 3409 SW 9TH ST Class B Retail (OO) UP/DOWN 500 E LOCUST ST Class C Liquor (PP) WAVELAND COFFEE 4704 UNIVERSITY AVE Class C Liquor (QQ) XBK 1159 24TH ST Class C Liquor SPECIAL EVENT APPLICATIONS (RR) BEAVERDALE FALL FEST 2805 BEAVER AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON SEPTEMBER 20 -21, 2024. (SS) IOWA LATINO FESTIVAL 1330 GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON SEPTEMBER 21 - 22, 2024. (TT) KATHRYN FRIEDERICHS 3000 E GRAND AVE 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON SEPTEMBER 21, 2024 (UU) SAKARI SUSHI LOUNGE 2605 INGERSOLL AVE 5 days CLASS C LIQUOR LICENSE FOR 15 YEAR ANNIVERSARY CELEBRATION ON SEPTEMBER 1, 2024. 2 (VV) STAR BAR 2801 INGERSOLL AVE 5 days SPECIAL CLASS C LIQUOR LICENSE FOR INGERSOLL LIVE ON AUGUST 24, 2024. (WW) TAI VILLAGE 4200 MLK JR PKWY 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON AUGUST 30 - SEPTEMBER 2, 2024. (XX) YOUR PRIVATE BAR 313 WALNUT ST 5 days CLASS C LIQUOR LICENSE FOR TAILGATE TOUCHDOWN ON SEPTEMBER 7, 2024. (YY) YOUR PRIVATE BAR 1415 WOODLAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR UNITY POINT HEALTH EVENT ON AUGUST 24, 2024. OUTDOOR SERVICE APPLICATIONS (ZZ) CHRISTOPHERS DINING 2816 BEAVER AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 20 - 21, 2024. (AAA) GOODSONS 2815 BEAVER AVE Class C Liquor TEMPORARY FOR BEAVERDALE FALL FESTIVAL ON SEPTEMBER 20 - 21, 2024. (BBB) SODEXO LIVE! 1 LINE DR Class C Liquor TEMPORARY FOR BANANA BALL WORLD TOUR ON SEPTEMBER 6 - 8, 2024. TRANSFER TO NEW LOCATION (CCC) BERNARDOS BURRITOS 215 4TH ST Class C Liquor PERMANENT TO 213 4TH STREET, #100,125. 4-I Consideration of new 12-month Class C Liquor License for Rita’s Cantina at 401 SE 5th Street. Pending approval of Building, Electrical, Fire, Vice and Zoning Departments. 5. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 6. Ordering construction of Birdland Pool Filter and Equipment Improvements: Receiving of bids, (9-10-24) and Setting date of hearing, (10-7-24), Engineer’s estimate, $785,000. (Council Communications No. 24-333) 3 7. Approving Change Order No. 2 with Absolute Concrete Construction, Inc. d/b/a Absolute Group for additional work on E. 4th Street Reconstruction from E. Martin Luther King Jr. Parkway to E. Market Street, $815,098.25. (Council Communication No. 24-334) 8. Approval of contract and bond for construction of an improvement with an estimated cost of which is less than the Iowa Code competitive bid threshold, Birdland Pool Facility Reroofing, R3 Commercial Roofing, Inc. (Bradly Matthews, Owner), $78,702.25. (Council Communication No. 24-332) 9. Approving completion and acceptance of private construction contract between Seneca Companies and QuikTrip Corporation for paving, sanitary sewer and storm sewer improvements at 1930 Indianola Avenue. 10. Accepting completed construction and approving final payment for the following: (A) Municipal Service Center – Phase 2, Koester Construction Company, Inc. (B) 2021 HMA Residential Paving Program Contract 3 – LOSST, Grimes Asphalt and Paving Corporation. SPECIAL ASSESSMENTS 11. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-08. 12. Deletion of rental inspection assessment at 608 46th Street. LAND/PROPERTY TRANSACTIONS 13. Approving final subdivision plat and acceptance of subdivision bond for Elevate Townhomes Plat 2 in the vicinity of 508 Indianola Road. (Council Communication No. 24-343) 4 BOARDS/COMMISSIONS/NEIGHBORHOODS 14. Approving expansion of the Easter Lake Area Neighborhood boundaries in accordance with the Neighborhood Recognition Policy. (Council Communication No. 24-336) 15. Recommendation from Council Member Simonson to reappoint Nicholas Cerrato to the Building and Fire Code Board of Appeals, Seat 9, for a three-year term expiring April 1, 2027. 16. Recommendation from Council Member Gatto to reappoint Lisa Treptow to the Sister Cities Commission, Seat 15, for a five-year term expiring April 28, 2029. SETTING DATE OF HEARINGS 17. On conveyance of excess City property at 1400 E. 17th Court to Polk County for $1, (9- 16-24). 18. On vacation of surface and subsurface rights within portions of Ingersoll Avenue right-of- way adjoining 2701 Ingersoll Avenue and conveyance of a Permanent Easement for Building Encroachment and a Permanent Easement for Subsurface Building Encroachment on City-owned Property to Star Lofts Condos for $5,400, (9-16-24). 19. On request from Delaney Enterprises, LLC (Connor Delaney, Officer) to rezone 515 Euclid Avenue from “MX1” Mixed Use District to “MX2” Mixed Use District to allow an existing building to be used for an “Eating and Drinking Places – Bar” use, (9-16-24). 20. Number not used. APPROVING 21. Commitment of $400,000 in Home Investment Partnership Program (HOME) funds for construction of Alley Landing at 2701 Douglas Avenue resulting in 40 affordable housing rental units. 22. Support for application to the Iowa Economic Development Authority 2024 Disaster Recovery Grant submitted by Hubbell Homes, LC for the Grover Woods Single Family Housing Project at E. 44th Street and Hubbell Avenue. 23. Issuance of Certificate of Completion to Hoyt, LLC for High Street Lofts located at 610 16th Street. 5 24. Submittal of Fiscal Year 2025 State of Iowa Certified Local Government (CLG) grant application to assist with consulting services for the development of a work program and public engagement strategy for conducting a City-wide historic survey. (Council Communication No. 24-350) 25. Fee-For-Service Work Order agreement with Conservation Corps Minnesota & Iowa for conservation work within the City’s various park properties. (Council Communication No. 24-345) 26. Items regarding the Evelyn K. Davis Basketball Court Mural Project at 1400 Forest Avenue: (Council Communication No. 24-349) (A) Receive and file communication from Greater Des Moines Public Art Foundation (GDMPAF). (B) Approving the G24 Public Art Grant Agreement with Bravo Greater Des Moines for $40,000 of grant funding. (C) Approval of agreement with the Des Moines Parks and Recreation Foundation and Jill Wells for the design and maintenance. (D) Approving execution of an agreement with Des Moines Parks and Recreation Foundation and Project Backboard for mural installation services. 27. Receive and file communication and approve second amendment to the agreement with the Greater Des Moines Public Art Foundation for the installation and maintenance of the Miffy Fountain Sculpture in Western Gateway Park. (Council Communication No. 24-348) 28. Fiscal Year 2024 annual Federal Equitable Sharing Agreement and Certification Report to the U.S. Department of Justice. (Council Communication No. 24-340) 29. Authorizing submittal of sites as part of a regional joint application from the Federal Highway Administration’s Charging and Fueling Infrastructure Discretionary Grant Program and providing matching funds. (Council Communication No. 24-352) 6 30. Annual agreement with MB Lawn Care, LLC (Mirnes Becirovic, President) for landscaping services related to streetscape maintenance for use by the Public Works Department, $108,000. 31. Purchase from Corrective Asphalt Materials, LLC (Anthony J. Witte, President) of asphalt rejuvenation services for use by the Public Works Department, $101,084. (Five (5) potential bidders, one (1) bid received). (Council Communication No. 24-327) 32. Purchase from Smith Fertilizer and Grain Co. (Max Smith, President) and EnviroTech (John Marshall, General Manager) for joint purchase along with the City of West Des Moines, Waukee, Windsor Heights and Johnston representing the Central Iowa Deicing Group (CIDG) of deicing chemicals for use by the Public Works Department, $249,000. (Three (3) potential bidders, three (3) bids received). (Council Communication No. 24-326) 33. Purchase from Tymco Inc. Equipment (Kenneth J. Young, President/CEO) of one (1) regenerative air replacement street sweeper per Sourcewell Contract for use by the Public Works Department, $393,939. (Council Communication No. 24-341) 34. Purchase of computer and accessory equipment from CDW Government, LLC (Christine A. Leahy, President and CEO) per State of Iowa, Omnia and City of Des Moines Short Form Agreements for use by the Information Technology Department, not to exceed $250,000. (Council Communication No. 24-328) . 35. Purchase of Cisco SmartNet Maintenance and Support Services from Heartland Business Systems (Peter Helander, President) per State of Iowa and Naspo ValuePoint Agreements for use by the Information Technology Department, $291,834.81. (Council Communication No. 24-330) 36. Additional funds of $108,460.28 to the current Cisco DNA Center Enterprise License Agreement from Heartland Business Systems pursuant to the current Cisco Enterprise Agreement and State of Iowa Contract. (Council Communication No. 24-329) 7 37. Authorizing Finance Director to draw checks on registers for the weeks of August 19 and 26 and September 2 and 9, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of August 19 and 26 and September 2 and 9, 2024; to draw checks for biweekly payroll due on August 23 and September 6, 2024. ORDINANCES - SECOND CONSIDERATION 38. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (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. 39. Number not used. 40. Number not used. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 41 THRU 53) 41. 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 of the property 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 42. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 8 43. 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). 44. On the issuance of not to exceed $34,000,000 General Obligation Bonds for essential corporate purposes. (Council Communication No. 24-342) (A) Authorization for additional action. 45. On the issuance of not to exceed $20,100,000 General Obligation Urban Renewal Bonds for essential corporate urban renewal purposes. (Council Communication No. 24-342) (A) Authorization for additional action. 46. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-1. (Council Communication No. 24-342) (A) Authorization for additional action. 47. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-2. (Council Communication No. 24-342) (A) Authorization for additional action. 48. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-3. (Council Communication No. 24-342) (A) Authorization for additional action. 49. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-4. (Council Communication No. 24-342) (A) Authorization for additional action. 9 50. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-5. (Council Communication No. 24-342) (A) Authorization for additional action. 51. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-6. (Council Communication No. 24-342) (A) Authorization for additional action. 52. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-7. (Council Communication No. 24-342) (A) Authorization for additional action. 53. On the issuance of not to exceed $1,300,000 General Obligation Bonds for general corporate purposes, GCP-8. (Council Communication No. 24-342) (A) Authorization for additional action. ***END HEARINGS AT __________PM*** ORDINANCES FIRST CONSIDERATION 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-331) (A) Parking Modifications Related to Downtown Peak Hour Restriction: (1) 7th Street – High Street to Watson Powell Jr. Way. (2) 10th Street – Walnut Street to Pleasant Street. (3) 17th Street – Grand Avenue to Ingersoll Avenue. (4) Center Street – 6th Avenue to 7th Street. (5) High Street – 6th Avenue to 14th Street. (B) Parking Modification – 9th Street from Walnut Street to Locust Street. 10 COMMUNICATIONS/REPORTS 55. Requests to speak as follows: (A) Luiz Gomez (B) Michaelyn Mankel (C) Elizabeth Leas (D) Terry Vorbrich (E) Rebecca Carter (F) John Noble (G) Ryan Arnold (H) Lloyd Couchman (I) Nathaniel Tessin Wolfe (J) Wesley Moore (K) Lindsey Ritland (L) Samuel Grinstead-Hessburg (M) Jean Hessburg (N) Giada Morresi (O) Monika Owczarski (P) Jamie Nicolino (Q) Jean O'Donnell (R) Veola Perry (S) JB Conlin (T) Joe Dolack MOTION TO ADJOURN. 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 12

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