Muyni
← Back to Des Moines

City Council

Regular Meeting

Des Moines, IA · December 9, 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 December 9, 2024 5:00 PM I. CLOSED SESSION – 3:30 PM 24-1609 (A) Roll Call. Present: Boesen, Simonson, Westergaard and Gatto. Absent: Voss, Coleman and Mandelbaum. Council Members Voss, Mandelbaum and Coleman entered during item I(C). 24-1610 (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 and Section 20.17(3) of the Code of Iowa to discuss collective bargaining strategy . Moved by Gatto to adopt. Second by Westergaard. Motion Carried 4-3. Absent: Voss, Coleman and Mandelbaum. 24-1611 (C) Closed Session. 24-1612 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1613 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:44 PM. Second by Voss. Motion Carried 7-0. 1 12/9/2024 * * * * * * * * * * * * * * * * * * * * * * * * 24-1614 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 24-1615 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1616 3. APPROVING CONSENT AGENDA * – items 3 through 39: 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 24-1617 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATIONS (A) FAT PUTTER, THE 713 WALNUT ST Class C Liquor (B) WESLEY ON GRAND 3520 GRAND AVE Class C Liquor RENEWAL APPLICATIONS (C) AIR LANES 4200 FLEUR DR Class C Liquor (D) B & B SUPER MARKET 2001 SE 6TH ST Class B Retail (E) BASIC BIRD 2607 BEAVER AVE Class C Liquor (F) BUFFALO WILD WINGS 3311 SE 14TH ST Class C Liquor (G) CHAMPS CLUB & PATIO 2279 HUBBELL AVE Class C Liquor (H) FELIX & OSCARS 4050 MERLE HAY RD Class C Liquor (I) GARDEN NIGHTCLUB 525 E GRAND AVE Class C Liquor (J) HY VEE FOOD STORE #2 2540 E EUCLID AVE Class E Liquor (K) JUNIPER MOON 2005 INGERSOLL AVE Class C Liquor (L) LA TAPATIA GROCERY 1440 DES MOINES ST Class B Retail (M) LA TAPATIA III 4007 SE 13TH ST Class B Retail (N) LICKETY LIQUOR 2501 HUBBELL AVE Class E Liquor (O) NOCE 1326 WALNUT ST Class C Liquor (P) PEGGYS TAVERN 3020 FOREST AVE Class C Liquor (Q) QUIK TRIP #523R 849 ARMY POST RD Class B Retail (R) QUIKTRIP #535 1501 E GRAND AVE Class B Retail (S) RICOCHET 400 LOCUST ST #105 Class C Liquor 2 12/9/2024 (T) SMOKE SHOP 1918 SE 14TH ST Class E Liquor (U) SOUTH SIDE SMOKE 3324 INDIANOLA AVE Class B Retail (V) SUDSUCKERS 1511 E ARMY POST RD Class C Liquor (W) SUPER QUICK 2 1824 HUBBELL AVE Class E Liquor (X) TASTE! TO GO 322 E COURT AVE #100 Class C Liquor (Y) TOP IT OFF 100 INDIANA AVE Class C Liquor (Z) TRIANGLE TAP 2506 POST ST Class C Liquor (AA) TULLPA RESTAURANT 3708 MERLE HAY RD Class C Liquor (BB) WEST END WINES 22 9TH ST Class C Liquor SPECIAL EVENT APPLICATIONS (CC) APRES BAR CO 519 PARK ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BOYS AND GIRLS CLUB EVENT ON DECEMBER 13, 2024. (DD) APRES BAR CO 100 LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BULL MOOSE CLUB EVENT ON DECEMBER 17, 2024 AND CLASS C LIQUOR LICENSE FOR MAD HATTER EVENTS ON DECEMBER 20 – 21, 2024. (EE) HARKIN INSTITUTE 2800 UNIVERSITY AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA WRITERS COLLABORATIVE ON DECEMBER 13, 2024. 24-1618 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. PUBLIC IMPROVEMENTS 24-1619 6. Authorizing submittal of Federal Surface Transportation Block Grant (STGB) Program Fiscal Year (FY) 2029 applications to the Des Moines Area Metropolitan Planning Organization (MPO). (Council Communication No. 24-484) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1620 7. Authorizing City Engineer to sign Letter of No Objection, with stated qualifications, to be submitted to the United States Army Corps of Engineers (USACE) by ICON Water Trails to start the Section 408 permit review for the Fleur Drive Site, located upstream (west) of the Coleman Bridge to the north of Gray’s Lake and will include improvements adjacent to and directly on top of the existing flood control levee. (Council Communication No. 24-478) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1621 8. Approving Change Order No. 1 with Grimes Asphalt and Paving Corporation for additional work on 2024 HMA Rural Paving Program – LOSST, $317,981.11 (Council Communication No. 24-479) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 3 12/9/2024 9. Items regarding Closes Creek Storm Sewer Improvements Phase 3: 24-1622 (A) Approving Change Order No. 7 with S.M. Hentges & Sons, Inc. for additional work, $198,576.75. (Council Communication No. 24-480) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1623 (B) Accepting completed construction and approving final payment. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1624 10. Approving Private Construction Contract between Alliance Construction Group, LLC and J. Larson Homes, LLC for paving improvements in Three Lakes Estates Plat 13 in the vicinity of E. Army Post Road and Indianola Road. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1625 11. Approving completion and acceptance of Private Construction Contract for storm sewer improvements at 7700 Fleur Drive between Eggers Plumbing Inc. and JW Congregation Support, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 12. Accepting completed construction and approving final payment for the following: 24-1626 (A) Evelyn K. Davis Park Basketball Court Improvements – Gruss Construction, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1627 (B) 2024 Riverwalk Improvements, Paver Replacement – Alpha Landscapes LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1628 (C) Principal Park Phase 1 Improvements – BallTeam, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1629 (D) SW 8th Street Viaduct Rehabilitation – Jasper Construction Services, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 24-1630 13. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-12. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1631 14. Deletion of NAC – Emergency Assessment at 2018 King Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 12/9/2024 LAND/PROPERTY TRANSACTIONS 24-1632 15. Approving 42 tax abatement applications for work completed in 2024. (Council Communication No. 24-507) 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. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-1633 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 7-0. (A) Shatiana Cooper (B) Vonjae Hardiman (C) Jermaisha McIntyre (D) Ian Schaffer (E) Destiny Smith (F) Kaj Robinson (G) Angel Pavon 24-1634 17. Approving the appointment of members to the Iowa Soccer Development Foundation, Inc. Board of Directors. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1635 18. Approving recommendation from Mayor Boesen to appoint Council Member At Large Mike Simonson, in place of City Manager Scott Sanders, to the Invest DSM Board effective immediately. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS 24-1636 19. On vacation of the north/south alley right-of way lying west of and adjoining 2116 Searle Street and conveyance to Leonard Cosimo, $50, (12-23-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1637 20. On request from 414 61st Street, LLC (Daniel Doyle, Officer) for property located in the vicinity of 414 61st Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Parks and Open Space and Development Control to Community Mixed Use and to rezone the property from “F” Flood District to “RX1” Mixed Use District, to allow reuse of an existing building as an office, (12-23-24). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 12/9/2024 LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-1638 21. Approving payment to Matt and Shawna Sample for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1639 22. Approving payment to the Lee M. Mitchell Trust and Margaret V. Mitchell Trust. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1640 23. Approving retention of outside counsel. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 24-1641 24. Grant agreements with the U.S. Department of Housing and Urban Development (HUD) for funding of the City's 2024 Action Plan, which is the fifth year of the 2020-2024 Consolidated Plan. (Council Communication No. 24-504) Moved by Gatto to approve. Second by Voss. Motion Carried 7-0. 25. Number not used. 24-1642 26. First amendment to an urban renewal development agreement with Valo Apartments, LLC (Brent Dahlstrom, Managing Partner, Merge LLC) for the construction of a $22 million, 108,000-square-foot mixed-use development at the southeast corner of 25th Street and Carpenter Avenue. (Council Communication No. 24-494) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1643 27. First Amendment to an Offer to Purchase Real Estate with Kemin Holdings LC regarding an estimated 5.37 acres of excess City property located at the northeast corner of SE 23rd Street and Maury Street. (Council Communication No. 24-496) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1644 28. Termination Agreement with Wells Fargo Financial regarding the Minimum Assessment Agreement (MAA) for the property at 801 Walnut Street. (Council Communication No. 24- 495) Moved by Gatto to approve. Second by Voss. Motion Carried 7-0. 24-1645 29. Reinvestment District Contract with the Iowa Economic Development Authority (IEDA) for the Capital City Reinvestment District. (Council Communication No. 24-492) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1646 30. Downtown Des Moines Self-Supported Municipal Improvement District (SSMID) Operating Agreement. (Council Communication No. 24-493) Moved by Gatto to approve. Second by Voss. Motion Carried 7-0. 6 12/9/2024 24-1647 31. 28E Agreement with Polk County for provision of services for individuals seeking support and referrals for treatment for substance abuse and acute mental health services. Moved by Gatto to approve. Second by Voss. Motion Carried 7-0. 24-1648 32. 28E Agreement for Mutual Assistance for Polk County Fire/Rescue Services. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1649 33. Partnership Agreement with the Iowa Environmental Council in support of the City’s application to the U.S. Environmental Protection Agency (EPA) Community Change Grant Program. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1650 34. Joint sponsorship agreement with Central Iowa Health System, d/b/a UnityPoint Health – Des Moines (UPHDM) regarding Brenton Skating Plaza Zamboni. (Council Communication No. 24-502) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1651 35. Communication from the Greater Des Moines Partnership on behalf of Iowa Credit Union League, requesting approval of placement for up to 60 banners to be displayed on banner poles in downtown Des Moines beginning January 1, 2025. Moved by Gatto to receive, file and approve. Second by Voss. Motion Carried 7-0. 24-1652 36. Communication from the Greater Des Moines Partnership on behalf of Iowa Medical Society, requesting approval of placement for up to 25 banners to be displayed on banner poles in downtown Des Moines beginning January 1, 2025. Moved by Gatto to receive, file and approve. Second by Voss. Motion Carried 7-0. 24-1653 37. Purchase from Safeware, Inc. (Edward A. Simons, President) of seventy (70) air purifying respirators per State of Iowa Contract and Omnia Agreement for use by the statewide Weapons of Mass Destruction Teams, $144,523.60 using 2024 WMD Homeland Security Grant. (Council Communication No. 24-477) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1654 38. City Street Financial Report to Iowa Department of Transportation (IDOT) for fiscal year 2024. (Council Communication No. 24-499) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1655 39. Authorizing Finance Director to draw checks on registers for the weeks of December 9 and 16, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of December 9 and 16, 2024; to draw checks for biweekly payroll due on December 13, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 7 12/9/2024 HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 40 THRU 52) 24-1656 40. On conveyance of vacated alley right-of-way located west of and adjoining 822 SE 12th Street to Micheal Cortez for $50. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 24-1657 41. On request from Michael Renovations, LC (Michael Grundberg, Officer) for property located in the vicinity of 629 49th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Low Density Residential to High Density Residential and to rezone the property from “N5-4” Neighborhood District to Ltd. “NX2” Neighborhood Mix District to allow the reconstruction of an existing covered parking structure and retaining wall. Requires six votes for approval due to neighborhood opposition. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 24-1658 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 24-1659 (B) Final consideration of ordinance above (waiver requested by the 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, #16,403. Second by Gatto. Motion Carried 7-0. 24-1660 42. On request from 36 on 6th, LLC (Tim Bratvold, Officer) for property located at 3614 6th Avenue and 3612 6th Avenue to rezone the property 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, which requires a Conditional Use in the “MX2” District. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 5-0. Council Members Simonson and Voss declare a conflict of interest and abstain from voting. 24-1661 (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 5-0. Council Members Simonson and Voss declare a conflict of interest and abstain from voting 24-1662 (B) Final consideration of ordinance above (waiver requested by the applicant), requires 3/4 vote based on the number of members not disqualified by reason of conflict of interest. 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, #16,406. Second by Gatto. Motion Carried 5-0. Council Members Simonson and Voss declare a conflict of interest and abstain from voting. 8 12/9/2024 24-1663 43. 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 continued from the November 18, 2024 Council meeting. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 24-1664 (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. 24-1665 (B) Final consideration of ordinance above (waiver requested by the applicant), 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, #16,404. Second by Gatto. Motion Carried 7-0. 24-1666 44. 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). (Council Communication No. 24-503) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 24-1667 45. On 2025 Neighborhood Sidewalk Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, and receive and file bids. (Council Communication No. 24-491) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1668 46. On 41st Street and Beaver Avenue Intersection Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as InRoads, LLC, (Joseph J. Manatt, CEO), $545,975.50. (Council Communication No. 24-486) Moved by Coleman to adopt. Second by Voss. Motion Carried 7-0. 24-1669 (A) Approval of contract and bond. Moved by Coleman to adopt. Second by Voss. Motion Carried 7-0. 24-1670 47. On Central Place Levee Trail Phase 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Peterson Contractors, Inc. (Cordell Peterson, President), $1,402,042. (Council Communication No. 24-490) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1671 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 9 12/9/2024 24-1672 48. On George Flagg Parkway and Fleur Drive Floodgate Closure: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as WRH, Inc. (James G. Rich, President), $2,084,416. (Council Communication No. 24-487) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1673 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1674 49. On Woodland Cemetery Road Construction: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $262,124. (Council Communication No. 24-489) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1675 (A) Approval of contact and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 50. Items regarding the Sayers Park Sprayground project: 24-1676 (A) Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for additional work on the Sayers Park Sprayground Design, not to exceed $66,500. (Council Communication No. 24-482) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1677 (B) Hearing, approving plans, specifications, form of contract documents, and engineer's estimate on Sayers Park Sprayground; receive and file bids; and designation of lowest responsive, responsible bidder as The Henley Group, LLC (Tyler Henley, President) $1,146,375.60. (Council Communication No. 24-483) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1678 (1) Approval of contract and bond. Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1679 51. On E. 8th Street and E. Market Street Pump Station: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Henkel Construction Company (Kent Brcka, President), $13,672,392.10. (Council Communication No. 24-488) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 24-1680 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 10 12/9/2024 24-1681 52. On E. Army Post Road and SE 36th Street Roundabout: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Manatt’s, Inc. (Brian L. Manatt, President), $2,146,688.74. (Council Communication No. 24-485) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 24-1682 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. ****END HEARINGS AT 5:32 PM**** ORDINANCES FIRST CONSIDERATION 53. Number not used. 24-1683 54. Repeal and replace Chapter 61 of the Municipal Code relating to property maintenance and vacant property. (Council Communication No. 24-505) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 7-0. WITHDRAWN 24-1684 (A) Final consideration of ordinance above (waiver requested by Chris Johansen, Neighborhood Services Director), requires six votes. 24-1685 55. Amending Chapter 74 of the Municipal Code relating to Parks and Recreation. (Council Communication No. 24-500) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 7-0. 24-1686 (A) Final consideration of ordinance above (waiver requested by Ben Page, Parks and Recreation Director), 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, #16,405. Second by Voss. Motion Carried 7-0. 24-1687 (B) Approval of updated City of Des Moines Parks and Recreation Rules. (Council Communication No. 24-501) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. COMMUNICATIONS/REPORTS 24-1688 56. Requests to speak as follows: Moved by Gatto to receive and file. Second by Simonson. Motion Carried 7-0. (A) Giada Morresi 11 12/9/2024 24-1689 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:49 PM. Second by Voss. Motion Carried 7-0. 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 12 12/9/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 December 9, 2024 5:00 PM I. CLOSED SESSION – 3:30 PM (A) Roll Call. (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 and Section 20.17(3) of the Code of Iowa to discuss collective bargaining strategy. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. * * * * * * * * * * * * * * * * * * * * * * * * 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 39: *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 LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: NEW APPLICATIONS (A) FAT PUTTER, THE 713 WALNUT ST Class C Liquor (B) WESLEY ON GRAND 3520 GRAND AVE Class C Liquor RENEWAL APPLICATIONS (C) AIR LANES 4200 FLEUR DR Class C Liquor (D) B & B SUPER MARKET 2001 SE 6TH ST Class B Retail (E) BASIC BIRD 2607 BEAVER AVE Class C Liquor (F) BUFFALO WILD WINGS 3311 SE 14TH ST Class C Liquor (G) CHAMPS CLUB & PATIO 2279 HUBBELL AVE Class C Liquor (H) FELIX & OSCARS 4050 MERLE HAY RD Class C Liquor (I) GARDEN NIGHTCLUB 525 E GRAND AVE Class C Liquor (J) HY VEE FOOD STORE #2 2540 E EUCLID AVE Class E Liquor (K) JUNIPER MOON 2005 INGERSOLL AVE Class C Liquor (L) LA TAPATIA GROCERY 1440 DES MOINES ST Class B Retail (M) LA TAPATIA III 4007 SE 13TH ST Class B Retail (N) LICKETY LIQUOR 2501 HUBBELL AVE Class E Liquor (O) NOCE 1326 WALNUT ST Class C Liquor (P) PEGGYS TAVERN 3020 FOREST AVE Class C Liquor (Q) QUIK TRIP #523R 849 ARMY POST RD Class B Retail (R) QUIKTRIP #535 1501 E GRAND AVE Class B Retail (S) RICOCHET 400 LOCUST ST #105 Class C Liquor (T) SMOKE SHOP 1918 SE 14TH ST Class E Liquor (U) SOUTH SIDE SMOKE 3324 INDIANOLA AVE Class B Retail (V) SUDSUCKERS 1511 E ARMY POST RD Class C Liquor (W) SUPER QUICK 2 1824 HUBBELL AVE Class E Liquor (X) TASTE! TO GO 322 E COURT AVE #100 Class C Liquor (Y) TOP IT OFF 100 INDIANA AVE Class C Liquor (Z) TRIANGLE TAP 2506 POST ST Class C Liquor (AA) TULLPA RESTAURANT 3708 MERLE HAY RD Class C Liquor (BB) WEST END WINES 22 9TH ST Class C Liquor SPECIAL EVENT APPLICATIONS (CC) APRES BAR CO 519 PARK ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BOYS AND GIRLS CLUB EVENT ON DECEMBER 13, 2024. 2 (DD) APRES BAR CO 100 LOCUST ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR BULL MOOSE CLUB EVENT ON DECEMBER 17, 2024 AND CLASS C LIQUOR LICENSE FOR MAD HATTER EVENTS ON DECEMBER 20 – 21, 2024. (EE) HARKIN INSTITUTE 2800 UNIVERSITY AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR IOWA WRITERS COLLABORATIVE ON DECEMBER 13, 2024. 5. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 6. Authorizing submittal of Federal Surface Transportation Block Grant (STGB) Program Fiscal Year (FY) 2029 applications to the Des Moines Area Metropolitan Planning Organization (MPO). (Council Communication No. 24-484) 7. Authorizing City Engineer to sign Letter of No Objection, with stated qualifications, to be submitted to the United States Army Corps of Engineers (USACE) by ICON Water Trails to start the Section 408 permit review for the Fleur Drive Site, located upstream (west) of the Coleman Bridge to the north of Gray’s Lake and will include improvements adjacent to and directly on top of the existing flood control levee. (Council Communication No. 24-478) 8. Approving Change Order No. 1 with Grimes Asphalt and Paving Corporation for additional work on 2024 HMA Rural Paving Program – LOSST, $317,981.11 (Council Communication No. 24-479) 9. Items regarding Closes Creek Storm Sewer Improvements Phase 3: (A) Approving Change Order No. 7 with S.M. Hentges & Sons, Inc. for additional work, $198,576.75. (Council Communication No. 24-480) (B) Accepting completed construction and approving final payment. 10. Approving Private Construction Contract between Alliance Construction Group, LLC and J. Larson Homes, LLC for paving improvements in Three Lakes Estates Plat 13 in the vicinity of E. Army Post Road and Indianola Road. 3 11. Approving completion and acceptance of Private Construction Contract for storm sewer improvements at 7700 Fleur Drive between Eggers Plumbing Inc. and JW Congregation Support, Inc. 12. Accepting completed construction and approving final payment for the following: (A) Evelyn K. Davis Park Basketball Court Improvements – Gruss Construction, LLC. (B) 2024 Riverwalk Improvements, Paver Replacement – Alpha Landscapes LLC. (C) Principal Park Phase 1 Improvements – BallTeam, LLC. (D) SW 8th Street Viaduct Rehabilitation – Jasper Construction Services, Inc. SPECIAL ASSESSMENTS 13. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2024-12. 14. Deletion of NAC – Emergency Assessment at 2018 King Avenue. LAND/PROPERTY TRANSACTIONS 15. Approving 42 tax abatement applications for work completed in 2024. (Council Communication No. 24-507) BOARDS/COMMISSIONS/NEIGHBORHOODS 16. Approving appointments to the Youth Advisory Board for a 12-month term expiring July 31, 2025, as follows: (A) Shatiana Cooper (B) Vonjae Hardiman (C) Jermaisha McIntyre (D) Ian Schaffer (E) Destiny Smith (F) Kaj Robinson (G) Angel Pavon 17. Approving the appointment of members to the Iowa Soccer Development Foundation, Inc. Board of Directors. 4 18. Approving recommendation from Mayor Boesen to appoint Council Member At Large Mike Simonson, in place of City Manager Scott Sanders, to the Invest DSM Board effective immediately. SETTING DATE OF HEARINGS 19. On vacation of the north/south alley right-of way lying west of and adjoining 2116 Searle Street and conveyance to Leonard Cosimo, $50, (12-23-24). 20. On request from 414 61st Street, LLC (Daniel Doyle, Officer) for property located in the vicinity of 414 61st Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Parks and Open Space and Development Control to Community Mixed Use and to rezone the property from “F” Flood District to “RX1” Mixed Use District, to allow reuse of an existing building as an office, (12-23-24). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 21. Approving payment to Matt and Shawna Sample for a property damage claim. 22. Approving payment to the Lee M. Mitchell Trust and Margaret V. Mitchell Trust. 23. Approving retention of outside counsel. APPROVING 24. Grant agreements with the U.S. Department of Housing and Urban Development (HUD) for funding of the City's 2024 Action Plan, which is the fifth year of the 2020-2024 Consolidated Plan. (Council Communication No. 24-504) 25. Number not used. 26. First amendment to an urban renewal development agreement with Valo Apartments, LLC (Brent Dahlstrom, Managing Partner, Merge LLC) for the construction of a $22 million, 108,000-square-foot mixed-use development at the southeast corner of 25th Street and Carpenter Avenue. (Council Communication No. 24-494) 5 27. First Amendment to an Offer to Purchase Real Estate with Kemin Holdings LC regarding an estimated 5.37 acres of excess City property located at the northeast corner of SE 23rd Street and Maury Street. (Council Communication No. 24-496) 28. Termination Agreement with Wells Fargo Financial regarding the Minimum Assessment Agreement (MAA) for the property at 801 Walnut Street. (Council Communication No. 24-495) 29. Reinvestment District Contract with the Iowa Economic Development Authority (IEDA) for the Capital City Reinvestment District. (Council Communication No. 24-492) 30. Downtown Des Moines Self-Supported Municipal Improvement District (SSMID) Operating Agreement. (Council Communication No. 24-493) 31. 28E Agreement with Polk County for provision of services for individuals seeking support and referrals for treatment for substance abuse and acute mental health services. 32. 28E Agreement for Mutual Assistance for Polk County Fire/Rescue Services. 33. Partnership Agreement with the Iowa Environmental Council in support of the City’s application to the U.S. Environmental Protection Agency (EPA) Community Change Grant Program. 34. Joint sponsorship agreement with Central Iowa Health System, d/b/a UnityPoint Health – Des Moines (UPHDM) regarding Brenton Skating Plaza Zamboni. (Council Communication No. 24-502) 35. Communication from the Greater Des Moines Partnership on behalf of Iowa Credit Union League, requesting approval of placement for up to 60 banners to be displayed on banner poles in downtown Des Moines beginning January 1, 2025. 36. Communication from the Greater Des Moines Partnership on behalf of Iowa Medical Society, requesting approval of placement for up to 25 banners to be displayed on banner poles in downtown Des Moines beginning January 1, 2025. 6 37. Purchase from Safeware, Inc. (Edward A. Simons, President) of seventy (70) air purifying respirators per State of Iowa Contract and Omnia Agreement for use by the statewide Weapons of Mass Destruction Teams, $144,523.60 using 2024 WMD Homeland Security Grant. (Council Communication No. 24-477) 38. City Street Financial Report to Iowa Department of Transportation (IDOT) for fiscal year 2024. (Council Communication No. 24-499) 39. Authorizing Finance Director to draw checks on registers for the weeks of December 9 and 16, 2024; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of December 9 and 16, 2024; to draw checks for biweekly payroll due on December 13, 2024. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 40 THRU 52) 40. On conveyance of vacated alley right-of-way located west of and adjoining 822 SE 12th Street to Micheal Cortez for $50. 41. On request from Michael Renovations, LC (Michael Grundberg, Officer) for property located in the vicinity of 629 49th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Low Density Residential to High Density Residential and to rezone the property from “N5-4” Neighborhood District to Ltd. “NX2” Neighborhood Mix District to allow the reconstruction of an existing covered parking structure and retaining wall. Requires six votes for approval due to neighborhood opposition. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 42. On request from 36 on 6th, LLC (Tim Bratvold, Officer) for property located at 3614 6th Avenue and 3612 6th Avenue to rezone the property 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, which requires a Conditional Use in the “MX2” District. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 7 43. 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 continued from the November 18, 2024 Council meeting. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 44. 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). (Council Communication No. 24-503) 45. On 2025 Neighborhood Sidewalk Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, and receive and file bids. (Council Communication No. 24-491) 46. On 41st Street and Beaver Avenue Intersection Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as InRoads, LLC, (Joseph J. Manatt, CEO), $545,975.50. (Council Communication No. 24-486) (A) Approval of contract and bond. 47. On Central Place Levee Trail Phase 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Peterson Contractors, Inc. (Cordell Peterson, President), $1,402,042. (Council Communication No. 24-490) (A) Approval of contract and bond. 8 48. On George Flagg Parkway and Fleur Drive Floodgate Closure: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as WRH, Inc. (James G. Rich, President), $2,084,416. (Council Communication No. 24-487) (A) Approval of contract and bond. 49. On Woodland Cemetery Road Construction: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $262,124. (Council Communication No. 24-489) (A) Approval of contact and bond. 50. Items regarding the Sayers Park Sprayground project: (A) Approving Supplemental Agreement No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for additional work on the Sayers Park Sprayground Design, not to exceed $66,500. (Council Communication No. 24-482) (B) Hearing, approving plans, specifications, form of contract documents, and engineer's estimate on Sayers Park Sprayground; receive and file bids; and designation of lowest responsive, responsible bidder as The Henley Group, LLC (Tyler Henley, President) $1,146,375.60. (Council Communication No. 24-483) (1) Approval of contract and bond. 51. On E. 8th Street and E. Market Street Pump Station: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Henkel Construction Company (Kent Brcka, President), $13,672,392.10. (Council Communication No. 24-488) (A) Approval of contract and bond. 9 52. On E. Army Post Road and SE 36th Street Roundabout: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Manatt’s, Inc. (Brian L. Manatt, President), $2,146,688.74. (Council Communication No. 24-485) (A) Approval of contract and bond. ****END HEARINGS AT _________________PM**** ORDINANCES FIRST CONSIDERATION 53. Number not used. 54. Repeal and replace Chapter 61 of the Municipal Code relating to property maintenance and vacant property. (Council Communication No. 24-505) (A) Final consideration of ordinance above (waiver requested by Chris Johansen, Neighborhood Services Director), requires six votes. 55. Amending Chapter 74 of the Municipal Code relating to Parks and Recreation. (Council Communication No. 24-500) (A) Final consideration of ordinance above (waiver requested by Ben Page, Parks and Recreation Director), requires six votes. (B) Approval of updated City of Des Moines Parks and Recreation Rules. (Council Communication No. 24-501) COMMUNICATIONS/REPORTS 56. Requests to speak as follows: (A) Giada Morresi MOTION TO ADJOURN. 10 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

Get email alerts for Des Moines

A daily email when new agendas and minutes are posted.

Report an issue with this meeting