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 October 21, 2024 5:00 P.M. I. CLOSED SESSION – 3:45 PM 24-1410 (A) Roll Call. Present: Boesen, Simonson, Voss and Westergaard. Absent: Coleman, Mandelbaum and Gatto. Council Member Mandelbaum entered the meeting at 3:47 PM. Council Member Coleman entered the meeting at 3:49 PM. 24-1411 (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 Simonson to adopt. Second by Voss. Absent: Coleman, Mandelbaum and Gatto. Motion Carried 4-0. 24-1412 (C) Closed Session. 24-1413 (D) Terminate closed session and reconvene in open session. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. Absent: Gatto. 24-1414 (E) Motion to adjourn. Moved by Mandelbaum to adjourn at 4:36 PM. Second by Simonson. Motion Carried 6-0. Absent: Gatto. 1 10/21/2024  * * * * * * * * * * * * * * * * * * * * * * * * * PROCLAMATIONS – 4:50 PM National Code Compliance Month 24-1415 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 24-1416 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1417 3. APPROVING CONSENT AGENDA * – items 3 through 42: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Voss. Motion Carried 7-0. *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 24-1418 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATIONS (A) MOVERS & SHAKERS 413 EUCLID AVE Class C Liquor (B) EARLY BIRD 401 E COURT AVE #300 Class C Liquor (C) FLORA 909 ROBERT D RAY DR Class C Liquor (D) IOWA CUBS 1 LINE DR Class C Liquor RENEWAL APPLICATIONS (E) 5 DE MAYO 5118 SE 14TH ST Class C Liquor (F) AC HOTEL/REPUBLIC 401 E GRAND AVE Class C Liquor (G) AMERICAN LEGION 1511 SOUTH UNION ST Special Class C Liquor (H) BORDENAROS PIZZA 6108 SW 9TH ST Class C Liquor (I) CASEYS #2921 3725 BEAVER AVE Class B Retail (J) CASEYS #2922 3501 E 14TH ST Class B Retail (K) CENTRAL CITY 2 1501 MICHIGAN ST Class E Liquor (L) CHEESE SHOP 833 42ND ST #B Special Class C Liquor (M) COA CANTINA 425 E GRAND AVE Class C Liquor (N) DAM PUB 2712 BEAVER AVE Class C Liquor (O) DES LUX HOTEL 800 LOCUST ST Class C Liquor (P) DONNAS 4424 SE 14TH ST Class C Liquor 2 10/21/2024 (Q) EL BUEN SABOR 1130 E 9TH ST Class C Liquor (R) EL PATRON 4351 MERLE HAY RD Class C Liquor (S) EL RINCON 2 910 HULL AVE Class C Liquor (T) FAMILY PANTRY 4538 LOWER BEAVER RD Class E Liquor (U) FLEUR CINEMA 4545 FLEUR DR Special Class C Liquor (V) GIT N GO #33 865 42ND ST Class B Retail (W) GOLDENLAND FOOD 2740 DOUGLAS AVE Class B Retail (X) HOME2 SUITES 2650 UNIVERSITY AVE Class C Liquor (Y) KUM & GO #535 4960 E BROADWAY AVE Class E Liquor (Z) MARGARITAS 1810 ARMY POST RD Class C Liquor (AA) MARS COFFEE 2318 UNIVERSITY AVE Special Class C Liquor (BB) PARLOR 4041 URBANDALE AVE Class C Liquor (CC) QUIK TRIP #530 1424 E EUCLID AVE Class E Liquor (DD) QUIK TRIP #559 4021 FLEUR DR Class E Liquor (EE) RENAISSANCE 401 LOCUST ST Class C Liquor (FF) SOUTHWEST MART 3718 SW 9TH ST Class B Retail (GG) SPROCKETS PUB 2314 UNIVERSITY AVE Class C Liquor (HH) SURETY HOTEL 206 6TH AVE FLOORS 1 & 2 Class C Liquor (II) TOBACCO HUT 5714 HICKMAN RD Class B Retail (JJ) VOODOO 208 3RD ST Class C Liquor SPECIAL EVENTS APPLICATIONS (KK) APRES BAR CO 504 E LOCUST ST 3RD FLOOR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON OCTOBER 26, 2024. (LL) APRES BAR CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT DSM EVENTS ON OCTOBER 23 - 24, 2024. (MM) HOLY FAMILY 1246 E 12TH ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BARN BASH ON NOVEMBER 9, 2024. (NN) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR MURDER MYSTERY DINNER ON NOVEMBER 8 - 9, 2024. (OO) YOUR PRIVATE BAR 4025 TONAWANDA DR 5 days CLASS C LIQUOR LICENSE FOR A WEDDING ON OCTOBER 26, 2024. (PP) YOUR PRIVATE BAR 120 E 5TH ST 14 days CLASS C LIQUOR LICENSE FOR EVENTS DURING OCTOBER 26 - NOVEMBER 8, 2024. 3 10/21/2024 24-1419 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Voss. PUBLIC IMPROVEMENTS 6. Ordering construction of the following: 24-1420 (A) E. Army Post Road and SE 36th Street Roundabout: Receiving of bids, (11-5-24) and Setting date of hearing, (12-9-24), Engineer’s estimate, $3,150,000. (Council Communication No. 24-414) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1421 (B) 41st Street and Beaver Avenue Intersection Improvements: Receiving of bids, (11-5- 24) and Setting date of hearing, (12-9-24), Engineer’s estimate, $680,000. (Council Communication No. 24-415) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1422 (C) 2025 Neighborhood Sidewalk Program: Receiving of bids, (11-5-24) and Setting date of hearing, (12-9-24), Engineer’s estimate, $1,370,000. (Council Communication No. 24-416) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1423 (D) Jordan Park Sprayground: Receiving of bids, (11-19-24) and Setting date of hearing, (12-23-24), Engineer’s estimate, $562,500. (Council Communication No. 24-417) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1424 (E) Woodland Cemetery Road Reconstruction: Receiving of bids, (11-5-24) and Setting date of hearing, (12-9-24), Engineer’s estimate, $310,000. (Council Communication No. 24-418) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1425 7. Approving exception to Request for Proposal process for good cause and approving a Professional Services Agreement with Substance, LLC for the Principal Park – Bullpens and Player Parking Improvements project, not to exceed $185,774. (Council Communication No. 24-413) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1426 8. Communication from contractor requesting permission to sublet certain items on a public improvement project. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 9. Accepting completed construction and approving final payment for the following: 24-1427 (A) 2022 Sewer Lining Program – Municipal Pipe Tool, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1428 (B) Tuttle Street Construction from SW 12th Street to SW 14th Street – All Star Concrete, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 10/21/2024 24-1429 (C) 5th Avenue and Grand Avenue One-way to Two-way Conversion. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 24-1430 10. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-10. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1431 11. Authorizing release of special assessments for certain properties acquired through the tax sale certificate process. (Council Communication No. 24-426) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 24-1432 12. Partially releasing subdivision bond for Woodbury Plat 1. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1433 13. Approving 34 tax abatement applications for work completed in 2024. (Council Communication No. 24-429) Moved by Gatto to adopt and to approve the applications for the total number of years in the applicable exemption schedule, with the schedule to commence with the taxes payable in FY2024/25. Second by Voss. Motion Carried 7-0. 24-1434 14. Authorization to proceed with acquisition of the necessary property interests for the Euclid Avenue Improvements from Des Moines River to York Street Project. (Council Communication No. 24-411) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 10/21/2024  BOARDS/COMMISSIONS/NEIGHBORHOODS 24-1435 15. Communication from Evan Herlocker advising of his resignation from the Historic Preservation Commission, Seat 12, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Voss. Motion Carried 7-0. 24-1436 16. Recommendation from Mayor Boesen to appoint Chad Nelson to the Historic Preservation Commission, Seat 12, for a three-year term expiring February 3, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1437 17. Recommendation from Council Member Simonson to appoint Ryan Ellsworth to the Historic Preservation Commission, Seat 5, for a five-year term expiring October 18, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1438 17-I Recommendation from Council Member Simonson to appoint Claudia Thrane to the Des Moines Civil and Human Rights Commission, Seat 2, for a three-year term expiring April 5, 2027. Sponsor: Mayor Boesen. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1439 18. Recommendation from Council Member Gatto to appoint Timothy Waddell to the Historic Preservation Commission, Seat 10, for a three-year term expiring October 18, 2026. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1440 19. Communication from Negus Rudison-Imhotep advising of his resignation from the Des Moines Civil and Human Rights Commission, Seat 4, effective October 7, 2024. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Voss. Motion Carried 7-0. 24-1441 20. Communication from Michael Hildebrand advising of his resignation from the Historic Preservation Commission, Seat 7, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS 24-1442 21. On conveyance of City-owned property at 1916 Washington Avenue to Greater Des Moines Habitat for Humanity for redevelopment of housing, (11-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1443 22. On conveyance of a permanent easement for ingress and egress across City-owned property located north of 1544 48th Street to Switt Properties, LLC, $1, (11-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 10/21/2024 24-1444 23. On request from JC AM Group, LLC (John Cheng, Officer) to rezone 1419 Pennsylvania Avenue from “N3c” Neighborhood District to Limited “N3c-2” Neighborhood District to allow reuse of the existing structure for a duplex use, (11-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1445 24. On a request from Measured 3708 SE 14th, LLC (Greg Danielson, Officer) regarding property in the vicinity of 3710 Southeast 14th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use designation from Medium Density Residential to High Density Residential to allow expansion of the existing multiple- household residential development so that it has a net density greater than 17 dwelling units per acre, (11-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1446 25. On request from Iowa Motor Carriers Foundation (Brenda Neville, Officer) for property located at 717 E. Court Avenue for an appeal of a denied Type 2 Design Alternative to waive undergrounding of overhead electrical lines where it is required, (11-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1447 26. On the proposition to authorize a lease agreement in the principal amount not-to-exceed $300,000 for the purpose of acquiring nine items of equipment for use in conjunction with city emergency snow and ice control operations, (11-4-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 24-1448 27. Grant Application to and subsequent grant agreement, if awarded, with the Polk County Housing Trust Fund (PCHTF) for $150,000 toward owner-occupied repairs. (Council Communication No. 24-425) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1449 28. Minimum Assessment Agreement for the property located at 213 13th Street with 13th and Mulberry, LLC. (Council Communication No. 24-430) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1450 29. Playground equipment donation agreement with Kids Around the World, Inc. for removal and donation of Jordan and Sayers Parks Playground Equipment. (Council Communication No. 24-423) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1451 30. Second Amendment to Lower Fourmile Creek Greenway Management and Maintenance Chapter 28E Agreement between the City of Des Moines, Polk County and Polk County Conservation Board (PCCB). (Council Communication No. 24-424) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 7 10/21/2024 24-1452 31. Exception to competitive procurement requirements for good cause and approving Supplemental Agreement No. 3 with the Iowa Communications Network (ICN) for data center colocation services, fiber optic network hardware, network connectivity and hardware support. (Council Communication No. 24-422) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1453 32. Purchase of HPE Storage and Servers from OneNeck IT Solutions (Terry Swanson, President and CEO) per the State of Iowa Contract, NASPO Value Point Contract and City of Des Moines Short Form. (Council Communication No. 24-419) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1454 33. Purchase of fiber installation services from Commonwealth Electric Company of the Midwest (T. Michael Price, President, and CEO) using the State of Iowa Agreement and City of Des Moines Short Form. (Council Communication No. 24-421) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1455 34. Purchase from Heartland Business Systems (Peter Helander, President) of Cisco Data Center Network Hardware per State of Iowa and NASPO ValuePoint Agreements for use by the Information Technology Department, $919,777.71. (Council Communication No. 24-420) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1456 35. Purchase and planting of 600 landscape trees from MB Lawn Care, LLC (Mirnes Becirovic, Owner) at the request of the Public Works Department, $199,200. (Twelve potential bidders, seven received) (Council Communication No. 24-431) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1457 36. City Council meeting schedule for the 2025 calendar year. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1458 37. Receive and file Quarterly Treasurer’s Report as of September 30, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1459 38. Issuance of $54,055,000 General Obligation Bonds, Series 2024A, levying a tax for payment, and approving the Tax Exemption Certificate and the Continuing Disclosure Certificate. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1460 39. Issuance of $10,025,000 Taxable General Obligation Bonds, Series 2024B, levying a tax for payment, and approving the Continuing Disclosure Certificate. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1461 40. Authorizing Finance Director to draw checks on registers for the weeks of October 21 and 28, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of October 21 and 28, 2024; to draw checks for biweekly payroll due on November 1, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 8 10/21/2024  ORDINANCES - FINAL CONSIDERATION 24-1462 41. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: Moved by Gatto that this ordinance do now pass, #16,393. Second by Voss. Motion Carried 7-0. (A) Parking Modification – SW 9th Street between Rose Avenue and Watrous Avenue. (B) Parking Modification – 24th Street between Cottage Grove Avenue and Drake Park Avenue. (C) Traffic Control Modification – E. Vine Street at intersections with E. 15th/SE 15th Street, Astor/SE Astor Street, and E. 16th/SE 16th Street. (D) Code Correction – 7th Street between Clark Street and College Avenue. (E) Code Correction – E. Lacona Avenue at SE 8th Street. (F) Corner Clearance Parking Restrictions: (1) Arthur Avenue and E 42nd Street. (2) Bennett Avenue and 30th Street. (3) E. Diehl Avenue and Jordan Drive. (4) E. Payton Avenue and SE 3rd Street. 24-1463 42. Amending Chapter 114 of the Municipal Code regarding Parking Modification – E. Broadway Avenue/Hubbell Avenue north frontage road between E. Broadway Avenue and Hubbell Avenue. Moved by Gatto that this ordinance do now pass, #16,394. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 43 THRU 47) 24-1464 43. On conveyance of permanent underground electric easement to provide electric service to Stone Park on City-owned property at 2100 SE 5th Street to MidAmerican Energy Company. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-1465 44. On conveyance of vacated north/south alley adjoining 1316 E. 9th Street and 1309 Pennsylvania Avenue to Central Iowa Hospital Corporation, $3,780. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-1466 45. On conveyance of 101 Franklin Avenue and a portion of vacated Ohio Street adjoining 101 Franklin Avenue to Mans Leasing Company, LC, $75,553. (Council Communication No. 24-412) Moved by Simonson to adopt. Second by Gatto. Motion Carried 7-0. 24-1467 46. On vacation of portions of 23rd Street, High Street, 24 th Street and the north/south alley right- of-way adjoining 601 24th Street and 602 23rd Street and conveyance to Rally Cap Properties, LLC, $200. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 9 10/21/2024 24-1468 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 24-1469 (B) Final consideration of ordinance above (waiver requested by Ryan Francois), 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, #16,395. Second by Voss. Motion Carried 7-0. 24-1470 47. On vacation of portions of E. 36th Street, E. 36th Street Court, Arthur Avenue, E. 40th Court and Lot Q right-of-way located in the Fourmile Creek Floodplain and conveyance to Polk County Conservation Board for the Lower Fourmile Creek Greenway project. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-1471 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 24-1472 (B) Final consideration of ordinance above, 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, #16,396. Second by Gatto. Motion Carried 7-0. * * * * END HEARINGS AT 5:06 PM * * * * ORDINANCE FIRST CONSIDERATION 24-1473 48. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-410) Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. (A) Parking and Speed Limit Modifications – Aurora Avenue from Beaver Avenue to Merle Hay Road. (B) Parking and Traffic Control Modifications – 15th Street from Mulberry Street to Ingersoll Avenue and Walnut Street from 13th Street to 16th Street. 24-1474 (C) Final consideration of ordinance above, 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 10 10/21/2024  suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,397. Second by Mandelbaum. Motion Carried 7-0. 24-1475 49. Amending Chapters 134 and 135 of the Municipal Code relating to the agricultural use category; data center use within the commercial use category; separation requirements for liquor, beer and wine sales associated with a restaurant use; home occupations; medical office and daycare uses; applications and fees; accessory buildings; permitted use limitations for certain building types; setback averaging for street side yards; outdoor site lighting; Type 1 design alternatives; application submittal; and definitions. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 7-0. 24-1476 (A) Final consideration of ordinance above (waiver requested by Chris Johansen, Neighborhood Services Director), 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, #16,398. Second by Simonson. Motion Carried 7-0. COMMUNICATIONS/REPORTS WITHDRAWN 24-1477 50. Requests to speak as follows: (A) Laural Clinton. 24-1478 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:14 PM. Second by Simonson. Motion Carried 7-0. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 11 10/21/2024 12 10/21/2024