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 November 4, 2024 5:00 PM 24-1484 1. ROLL CALL: Present: Boesen, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Absent: Simonson. 24-1485 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1486 3. APPROVING CONSENT AGENDA * – items 3 through 34: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Voss. Motion Carried 6-0. Absent: Simonson. *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 11/4/2024  LICENSES AND PERMITS 24-1487 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. NEW APPLICATIONS (A) BALLET DES MOINES 655 WALNUT ST #120 Special Class C (B) SPICES OF NEPAL 4804 SW 9TH ST Class C Liquor (C) TINAS RABBIT HOLE 2102 INDIANOLA AVE Class C Liquor RENEWAL APPLICATIONS (D) ALDI INC #03 3940 E 14TH ST Class B Retail (E) ALDI INC #29 5512 SE 14TH ST Class B Retail (F) ALDI INC #38 2543 E UNIVERSITY AVE Class B Retail (G) CASEYS STORE #2892 6120 DOUGLAS AVE Class B Retail (H) CENTRO RESTAURANT 1003 - 1007 LOCUST ST Class C Liquor (I) CHA CHAS HILAND BAKERY 3615 6TH AVE Class C Liquor (J) CHIPOTLE MEXICAN GRILL 3737 MERLE HAY RD Class C Liquor (K) CROZ NEST EAST 3801 EASTON BLVD Class C Liquor (L) ESTRADAS 3029 MERLE HAY RD Class C Liquor (M) FRATERNAL ORDER 6567 BLOOMFIELD RD Class C Liquor (N) FREMONT 1030 E 9TH ST Class C Liquor (O) GIT N GO STORE #19 890 COUNTY LINE RD Class B Retail (P) GIT N GO STORE #3 100 WATROUS AVE Class B Retail (Q) GIT N GO STORE #42 806 SE 14TH ST Class B Retail (R) GIT N GO STORE #6 5736 FRANKLIN AVE Class B Retail (S) GOLDEN FAMILY MARKET 4109 SE 14TH ST Class B Retail (T) HESSEN HAUS 101 4TH ST Class C Liquor (U) HOQ RESTAURANT 303 E 5TH ST Class C Liquor (V) JACKS PLACE 6112 SW 9TH ST Class C Liquor (W) JEANNIES BOTTLE 3839 MERLE HAY RD Class C Liquor (X) JESSES EMBERS 3301 INGERSOLL AVE Class C Liquor (Y) KWIK STAR #1053 4105 HUBBELL AVE Class B Retail (Z) NACHO TEQUILAS 6401 SE 14TH ST Class C Liquor (AA) OH SUSHI 2815 BEAVER AVE Special Class C (BB) PURVEYOR 505 E GRAND AVE #105 Class C Liquor (CC) TOBACCO HUT 5714 HICKMAN RD Class B Retail (DD) VIVA MEXICAN RESTAURANT 6101 GRAND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (EE) APRES BAR CO 304 15TH ST 5 days CLASS C LIQUOR LICENSE FOR FITCH OPEN STUDIO WINTER 2024 EVENT ON NOVEMBER 9, 2024 (FF) APRES BAR CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR MAD HATTER ON NOVEMBER 22, 2024. 2 11/4/2024  (GG) YOUR PRIVATE BAR 1615 2ND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON NOVEMBER 7, 2024. (HH) YOUR PRIVATE BAR 120 E 5TH ST 14 days CLASS C LIQUOR LICENSE FOR EVENTS DURING NOVEMBER 9 - 22, 2024. TRANSFER TO NEW LOCATION (II) ELWELL FAMILY FOOD 3000 E GRAND AVE Class C Liquor TEMPORARY TO THE PAVILION FOR A WEDDING ON NOVEMBER 23, 2024. 24-1488 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 5-1. Nays: Voss. Absent: Simonson. 24-1489 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. PUBLIC IMPROVEMENTS 7. Ordering construction of the following: 24-1490 (A) 2025 Citywide PCC Pavement Patching Program: Receiving of bids, (11-19-24) and Setting date of hearing, (12-23-24), Engineer’s estimate, $1,572,000. (Council Communication No. 24-449) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. WITHDRAWN 24-1491 (B) East Army Post Road Trunk Sanitary Sewer from SE 14th Street to Three Lakes Estates: Receiving of bids, (11-19-24) and Setting date of hearing, (12-23-24), Engineer’s estimate, $4,500,000. (Council Communication No. 24-450) WITHDRAWN 24-1492 (C) SW 1st Street Bridge Park Improvement: Receiving of bids, (11-19-24) and Setting date of hearing, (12-23-24), Engineer’s estimate, $925,000. (Council Communication No. 24-451) 8. Items regarding the Central Place Levee Trail Phase 1 Project: 24-1493 (A) Approving and authorizing the execution of a Cooperative Agreement between the Iowa Department of Transportation (IDOT) and the City of Des Moines for construction and maintenance. (Council Communication No. 24-453) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 3 11/4/2024 24-1494 (B) Ordering construction - Receiving of bids, (11-19-24), and Setting date of hearing, (12- 9-24), Construction estimate, $1,800,000. (Council Communication No. 24-452) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1495 9. Approving completion and acceptance of the Cooperative Public Service project with Polk County for the Scott Avenue Sidewalk from SE 30th Street to Fourmile Creek. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1496 10. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with OPN, Inc. d/b/a OPN Architects, Inc. for professional services for the City Facility Expansion Phase 1 Improvements project, not to exceed $80,000. (Council Communication No. 24- 448) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1497 11. Approving private construction contract between Eggers Plumbing Inc. and JW Congregation Support Inc. for storm sewer improvements in 7700 Fleur Drive. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. SPECIAL ASSESSMENTS 24-1498 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-11. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. LAND/PROPERTY TRANSACTIONS 24-1499 13. Releasing PUD restoration bond for Brook Landing Plat 1. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1500 14. Approval of final subdivision plat for Gray’s Station Plat 7. (Council Communication No. 24-442) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-1501 15. Approve merger of the Easter Lake Area Neighborhood Association and Pioneer Park Neighborhood Association in accordance with the Neighborhood Recognition Policy. (Council Communication No. 24-434) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1502 16. Approving appointments to the Youth Advisory Board for a 12-month term expiring July 31, 2025, as follows: Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. (A) Deziyre Miller (B) Natalie Park 4 11/4/2024 24-1503 17. Communication from Kelli Soyer advising of her resignation from the Greater Des Moines Sister Cities Commission, At-Large Seat, to be effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Voss. Motion Carried 6-0. Absent: Simonson. SETTING DATE OF HEARINGS 24-1504 18. On the proposition to authorize a lease agreement with Motorola Solutions, Inc. (Greg Brown, CEO) in which the principal amount is not-to-exceed $1,035,828 for the purpose of purchasing upgraded body worn camera equipment and related services, (11-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1505 19. On the proposed 2025-2029 Consolidated Plan, which includes the 2025 Action Plan, for the U.S. Department of Housing and Urban Development (HUD), (11-18-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1506 20. On approval of U.S. Department of Housing and Urban Development (HUD) substantial amendment to the HOME Investment Partnerships Program – American Rescue Plan Allocation Plan (HOME-ARP), (12-9-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-1507 21. Approving payment to Sam’s Riverside, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1508 22. Approving payment to Don Dade and his attorney for a workers' compensation claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1509 23. Approving payment to North Star Mutual Insurance as a subrogee of Nyan and Lal Makier for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1510 24. Approving payment to Wisdom Williams for a motor vehicle accident claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. APPROVING 25. Number not used. 5 11/4/2024 24-1511 26. Agreement with Neighborhood Finance Corporation (NFC) for Polk County Large Renovation Program. (Council Communication No. 24-437) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1512 27. Parking Sublease Agreement with Two Rivers Marketing, Corp. for the use of 80 parking spaces within the ground level of Nelson Development 1, LLC’s parking garage locally known as 555 E. 4th Street. (Council Communication No. 24-443) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1513 28. Grant Agreement with World Food Prize Foundation for improvements to the building. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 29. Number not used. 24-1514 30. First Amendment to Recyclables Processing and Marketing Service Agreement with Metro Waste Authority. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1515 31. Fire Department to negotiate and approve Memoranda of Understanding (MOU) and Business Association Agreements for the Mobile Integrated Healthcare (MIHC) program. (Council Communication No. 24-439) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 32. Abatement of public nuisances as follows: 24-1516 (A) 1814 8th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1517 (B) 1802 Martin Luther King JR Parkway. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1518 (C) 1218 E. 13th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1519 (D) 3848 E. 14th Street, Lot 44. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1520 (E) 1726 E. Walnut Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1521 (F) 2307 SE 18th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. ` 24-1522 33. Purchase from Housby Mack Inc. (Kelly Housby, CEO) of five (5) heavy truck chassis, $749,450; installation by Henderson Products Inc. (John Siever, President) of four (4) chassis upfitted with a dump body and snowplow equipment, $672,028; and installation by Municipal Pipe and Tool LLC (Mark Kaler, managing member) of one (1) chassis upfitted with a Vacall catch basin cleaner, $490,796.61 per Sourcewell purchasing contracts for use by the Public Works Department. Total amount $1,912,274.61. (Council Communication No. 24-440) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 6 11/4/2024 24-1523 34. Authorizing Finance Director to draw checks on registers for the weeks of November 4 and 11, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of November 4 and 11, 2024; to draw checks for biweekly payroll due on November 15, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEM 35 THRU 44) 24-1524 35. On conveyance of City-owned property at 1916 Washington Avenue to Greater Des Moines Habitat for Humanity for redevelopment of housing. (Council Communication No. 24-435) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Simonson. 24-1525 36. 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. Moved by Coleman to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1526 37. On request from JC AM Group, LLC (John Cheng, Officer) for the following regarding property located at 1419 Pennsylvania Avenue to rezone the property from “N3c” Neighborhood District to Limited “N3c-2” Neighborhood District to allow reuse of the existing structure for a duplex use, and to continue to the November 18, 2024 Council meeting. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 6-0. Absent: Simonson. 24-1527 38. 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. Moved by Gatto to DENY. Second by Coleman. Motion Carried 5-1. Nays: Mandelbaum. Absent: Simonson. 24-1528 39. 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. Moved by Mandelbaum to DENY the Type 2 Design Alternative in form requested by the Iowa Motor Carriers Foundation described above and to make the following findings of fact and objections regarding the Type 2 Design Alternative as proposed by the Iowa Motor Carriers Foundation: a) Municipal Code Section 135-9.2.3.B.16.A requires undergrounding of overhead electrical lines in an underground district designated by resolution of the City Council. b) Municipal Code Section 1-2 defines the underground district designated by resolution of the City Council, as fully defined above. c) The subject site is located at 717 East Court Avenue which is located within the above defined underground district. 7 11/4/2024  d) The eastern portion of the district is bound by East 9th Street to the east, the Des Moines River to the west, East Grand Avenue to the north and East Court Avenue to the south. Within this portion of the underground district, only two (2) properties have not yet undergrounded their overhead lines, Iowa Motor Carriers Foundation at 717 East Court Avenue and Associated General Contractors of Iowa office at 701 East Court Avenue. The remaining surrounding properties have undergrounded lines. e) The Iowa Motor Carriers Foundation’s proposal for the Type 2 Design Alternative to the requirement of Section 135-9.2.3.B.16.A is for full waiver, resulting in the overhead lines remaining and the lines not being buried underground within the Council designated underground district, and it is based on preference, rather than need. f) City Planning staff recommended denial of said Type 2 design alternative for full waiver of Section 135-9.2.3.B.16.A as requested by the Iowa Motor Carriers Foundation. g) The Iowa Motor Carriers Foundation has not met the burden required to demonstrate that its requested design alternative meets the criteria for approval or that the result of the design alternatives would equal or exceed the result of compliance with the Planning and Design Ordinance. h) The Iowa Motor Carriers Foundation has not shown that its requested design alternative is consistent with all relevant purpose and intent statements of the Planning and Design Ordinance and with the general purpose and intent of the comprehensive plan. i) The Iowa Motor Carriers Foundation has not shown that its requested design alternative will not have a substantial or undue adverse effect on the public health, safety, and general welfare. j) The Type 2 Design Alternative as proposed by the Iowa Motor Carriers Foundation should not be approved for the reasons stated above. Direct staff to work with the applicant to provide an appropriate timeline to comply, not to exceed three years. Second by Coleman. Motion Carried 6-0. Absent: Simonson. 24-1529 40. On the proposed 2024 Analysis of Impediments to Fair Housing for the U.S. Department of Housing and Urban Development (HUD) Consolidated Plan. (Council Communication No. 24-436) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1530 41. 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. (Council Communication No. 24-441) Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1531 42. On 2025 Midblock Pedestrian Signal Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Kline Electric, Inc. d/b/a Heartland Underground Solutions (Shane T. Kline, President), $391,940.60. (Council Communication No. 24-445) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 24-1532 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 6-0. Absent: Simonson. 8 11/4/2024 24-1533 43. On 9th & Locust Parking Garage Elevator Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Lloyd Construction Company (Chris Thorkelson, President), $751,500. (Council Communication No. 24-446) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. Absent: Simonson. 24-1534 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. Absent: Simonson. 24-1535 44. On Skywalk 3C-4C & 4E-4F Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Core Construction Services, LLC (Mike Ogle, Owner), $425,000. (Council Communication No. 24-447) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. Absent: Simonson. 24-1536 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 6-0. Absent: Simonson. ****END HEARINGS AT 5:58 PM**** ORDINANCES FIRST CONSIDERATON 24-1537 45. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: Council Communication No. 24-444) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 6-0. Absent: Simonson. (A) Turn Prohibition – Intersection of 6th Avenue and Hickman Road. (B (B) Parking Modification – SE 25th Court from Maury Street to CB&Q Street. 24-1538 (C) Final consideration of ordinance above, requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,399. Second by Voss. Motion Carried 6-0. Absent: Simonson. COMMUNICATIONS/REPORTS 24-1539 46. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 6-0. Absent: Simonson. (A) Adam Callanan (B) Tyler D. Patterson – Did not speak. (C) Kathy Byrnes (D) Ed Fallon (E) Garland Armstrong 9 11/4/2024  (F) Heather Armstrong 24-1540 MOTION TO ADJOURN. Moved by Gatto to adjourn at 6:13 PM. Second by Westergaard. Motion Carried 6-0. Absent: Simonson. 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 Hall Champers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 10 11/4/2024