City Council
Regular MeetingDes Moines, IA · December 9, 2024
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.
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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.
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(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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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
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