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City Council

Regular Meeting

Des Moines, IA · December 23, 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 23, 2024 5:00 PM 24-1694 1. ROLL CALL: Present: Boesen, Simonson, Coleman, Westergaard, Mandelbaum and Gatto. Absent: Voss. Council Member Voss entered the meeting at 5:08 PM during item 48. 24-1695 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-0. Absent: Voss. 24-1696 3. APPROVING CONSENT AGENDA * – items 3 through 45: Moved by Coleman to adopt the balance of the Consent Agenda. Second by Gatto. Motion Carried 6-0. Absent: Voss. *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 12/23/2024 LICENSES AND PERMITS 24-1697 4. Approving Alcoholic Beverage License Applications for the following: Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. NEW APPLICATIONS (A) EL POLLO RANCHERO 1301 E WATROUS AVE Class C Liquor (B) PHINS PLACE 4121 SE 14TH ST Class C Liquor RENEWAL APPLICATIONS (C) 801 STEAK AND CHOP 801 GRAND AVE #200 Class C Liquor (D) A DONG RESTAURANT 1511 HIGH ST Special Class C Liquor (E) BAILEYS PUB N GRUB 918 E EUCLID AVE Class C Liquor (F) CASEYS STORE #2786 5150 E 14TH ST Class E Liquor (G) CHRISTOPHERS DINING 2816 BEAVER AVE Class C Liquor (H) DES MOINES CLUB 666 GRAND AVE #3400 Class F Retail (I) EASTGATE LAUNDROMAT 1424 E OVID AVE Special Class C Liquor (J) GIT N GO STORE #2 1307 ARMY POST RD Class B Retail (K) HIGHLAND PARK POST 3712 2ND AVE Class F Retail (L) HY-VEE FAST & FRESH #3 3215 SE 14TH ST Class B Retail (M) LA CABANA MEXICAN 1435 ARMY POST RD Class C Liquor (N) LOS LAURELES 1518 E GRAND AVE Class C Liquor (O) MAINGATE BAR & GRILL 2956 E GRAND AVE Class C Liquor (P) NOW OR LATER 3750 E UNIVERSITY AVE Class C Liquor (Q) QUIK TRIP #544 3941 SE 14TH ST Class E Liquor (R) STAYBRIDGE SUITES 201 E LOCUST ST Class B Retail (S) STRIKING SPARROW 1930 SE 6TH ST Class C Liquor (T) TANGERINE FOOD CO 900 KEOSAUQUA WAY Class C Liquor (U) TEMPLE THEATER 1011 LOCUST ST Class C Liquor (V) UNIVERSITY LIBRARY 3506 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATIONS (W) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR THE WEDDING SHOW ON JANUARY 5, 2025. (X) DM EMBASSY CLUB WFP 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JANUARY 13, 2025. 24-1698 5. City Clerk to issue Coin Operated Machine Licenses. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 2 12/23/2024 PUBLIC IMPROVEMENTS 24-1699 6. Approval of contract and bond for construction of an improvement with an estimated cost which is less than the Iowa Code competitive bid threshold, Northwest Pool Repair and Painting Improvements, A1A Sandblasting (Iowa), Michael Marjama, Owner, $89,200. (Council Communication No. 24-515) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1700 7. Designation of lowest responsive, responsible bidder as MPS Engineers, PC d/b/a Kingston Services, PC (Umesh G. Shetye, President) and approval of contract and bond on 2025 Neighborhood Sidewalk Program, $1,174,975. (Council Communication No. 24-521) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1701 8. Approving Supplemental Agreement No. 4 to the Professional Services Agreement with I&S Group, Inc. for the Market District Street Reconstruction Project (E. 1st, E. 2nd, E. 3rd, and E. 7th Streets), not to exceed $249,840. (Council Communication No. 24-517) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1702 9. Authorizing submittal of Federal Surface Transportation Block Grant (STBG) Set-Aside Program Fiscal Year (FY) 2029 applications to the Des Moines Area Metropolitan Planning Organization (MPO). (Council Communication No. 24-514) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1703 10. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with SmithGroup, Inc. for the Birdland Park Phase 1 Improvements project, not to exceed $57,785. (Council Communication No. 24-518) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1704 11. Approving Change Order No. 3 with Grimes Asphalt and Paving Corporation for additional work on 2023 Hot Mix Asphalt (HMA) Residential Paving Program Contract 1 – Local Option Sales and Service Tax (LOSST), $216,156.19. (Council Communication No. 24- 519) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1705 12. Acceptance of a proposal from MidAmerican Energy Company to relocate existing overhead utilities transversely crossing 2nd Avenue to underground for the 2nd Avenue Reconstruction from University Avenue to the Des Moines River, estimated cost $389,410. (Council Communication No. 24-522) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1706 13. Acceptance of a proposal from MidAmerican Energy Company to install streetlights on Broadway Avenue from 818 NE 46th Avenue to E. 14th Street, estimated cost $38,987.15. (Council Communication No. 24-524) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 3 12/23/2024 24-1707 14. Communication from contractor requesting permission to sublet certain items on a public improvement project. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 15. Accepting completed construction and approving final payment for the following: 24-1708 (A) 2024 HMA Residential Paving Program Contract 1 – InRoads, LLC. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1709 (B) 2024 Neighborhood Sidewalk Program Contract 2 – TK Concrete, Inc. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1710 (C) 30th Street Sidewalk from Urbandale Avenue to Euclid Avenue – MPS Engineers, PC d/b/a Kingston Services, PC. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. SPECIAL ASSESSMENTS 24-1711 16. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-12. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1712 17. Levying Assessments for costs of Public Works Sewer Repair at 2902 Cottage Grove Avenue, Schedule No. 2024-04. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1713 18. Deletion of rental inspection assessment at 4108 39th Place. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. LAND/PROPERTY TRANSACTIONS 24-1714 19. Dedicating SW 16th Street right-of-way south of vacated Wabash Street to future Gray’s Parkway for the Gray's Station Roadway Improvements at SW 16th Street and Tuttle Street. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. BOARDS/COMMISSIONS/NEIGHBORHOODS 24-1715 19-I Recommendation from Mayor Boesen to appoint David Gross to the Water Works Board of Trustees, Seat 3, for a term expiring April 1, 2025. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 4 12/23/2024 SETTING DATE OF HEARINGS 24-1716 20. On a land exchange agreement with Galinsky Family Real Estate, LLC and the Gary L. Galinsky Trust and Mindy Sue Galinsky Trust for property located at 3028 Maury Street and 3016 Maury Street for the SE Connector – SE 30th Street to U.S. Highway 65 Project, (1-13- 25). Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1717 21. On request from Asokarama Arkakka Buddhist Society (U Thein Maung Zaw, Officer) for property located in the vicinity of 4211 E. 38th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Low Density Residential and Parks and Open Space to Public/Semi-Public, and to rezone the property from “N2a” Neighborhood District and “F” Flood District to Limited “P2” Public, Civic, and Institutional District, to allow use of the property for an “Assembly/Place of Worship” use, (1-13-25). Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1718 22. On request from Steinbeck Properties, LLC (Usman Haq, Officer) to rezone property in the vicinity of 955 24th Street from “N5” Neighborhood District to Limited “N5-2” Neighborhood District to allow construction of a two-household residential dwelling (duplex), (1-13-25). Moved by Coleman to adopt. Second by Gatto. Motion Carried 6- 0. Absent: Voss. 24-1719 23. On request from Luis E. Ochoa (Owner) to rezone 617 Scott Avenue from “DXR” Downtown District to Limited “MX3” Mixed Use District to allow a “Vehicle Maintenance and Repair – Minor” use, (1-13-25). Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1720 24. On application to Iowa Economic Development Authority (IEDA) for Community Development Block Grant Funds to prepare, prevent and respond to coronavirus (CDBG- CV) funding, (1-13-25). Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 24-1721 25. Approving payment to Norfolk Southern Railroad. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1722 26. Approving payment to Jeri Smith for a personal injury claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1723 27. Approving payment to Logan Underwood for a personal injury claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 5 12/23/2024 24-1724 28. Approving payment to Davik Properties, LLC for a property damage claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1725 29. Approving payment to Rebecca McDaniel for a property damage claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1726 30. Approving payment to Robert and Brittany Willson for a property damage claim. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. CITY MANAGER COMMUNICATIONS 24-1727 31. Submitting travel and training request for Mayor Connie Boesen. (Council Communication No. 24-530) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. APPROVING 24-1728 32. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Funding for Home Opportunities Made Easy, Incorporated (HOME, Inc.) to construct an affordable single-family home at 2119 23rd Street. (Council Communication No. 24-527) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1729 33. Preliminary commitment of $500,000 in Home Investment Partnership (HOME) Funds for the acquisition of the Goldfinch Lofts multifamily building at 3422 Ingersoll Avenue resulting in 28 affordable residential rental units. (Council Communication No. 24-528) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 33-I Moved to 50-I. Items regarding 515 Walnut LLC’s project to construct a 33-story, 390-unit, high rise apartment building at 515 Walnut Street: Council Communication No. 24-536) (A) Final terms of an urban renewal development agreement and approving the conceptual development plan. (B) Grant Agreement in support of the construction project (C) Parking License Agreement for the use of spaces in the City’s Fifth and Walnut Street parking garage. 24-1730 34. First Amendment to Urban Renewal Development Agreement with Stapek Partners, LLC for the renovation of the existing 17,657-square-foot commercial building located at 112 SE 4th Street for commercial and residential mixed-uses. (Council Communication No. 24-532) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 6 12/23/2024 24-1731 35. First Amendment to Urban Renewal Agreement for sale of land for private redevelopment with Des Moines Industrial, LLC. (Council Communication No. 24-533) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1732 36. First Amended and Restated Skywalk Corridor Surface Lease Agreement with Downtown DSM, Inc. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1733 37. Acceptance of the 2024 Edward Byrne Memorial, Justice Assistance Grant (JAG) award, $173,109. (Council Communication No. 24-508) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1734 38. 2025 Cooperative Agreement between the Human Rights Commission and the Iowa Civil Rights Commission. (Council Communication No. 24-523) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1735 39. Amendment No. 1 to Water Quality Initiative Urban Conservation Demonstration Projects cost-share grant contract with the Iowa Department of Agriculture and Land Stewardship (IDALS) in the amount of $500,000 for the Des Moines Stormwater Detention Basin Water Quality Retrofit Project. (Council Communication No. 24-509) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1736 40. Second Amendment to Agreement for Management Services for Municipal Parking Facilities with ABM Parking Services, Inc. (ABM). (Council Communication No. 24-520) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1737 41. Procurement of critical care and EMS equipment from Stryker Sales LLC (Anne Mullally, Vice President and General Manager) for the Fire Department and approval of utilizing the SourceWell Cooperative Agreement and Supplemental Agreement, $1,500,569.51. (Council Communication No. 24-526) Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1738 42. Amendment to Schedule of Fees for Chapter 60 as it relates to rental inspections and rental property licensing and Chapter 26 regarding building and building regulations. (Council Communication No. 24-534) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 43. Abatement of public nuisances as follows: 24-1739 (A) 1318 9th Street. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6- 0. Absent: Voss. 24-1740 (B) 3211 Pleasant Street. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 7 12/23/2024 24-1741 44. Receipt of Des Moines Water Works budget for calendar year ending December 31, 2025. Moved by Coleman to receive and file. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1742 45. Authorizing Finance Director to draw checks on registers for the weeks of December 23 and 30, 2024 and January 6, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of December 23 and 30, 2024 and January 6, 2025; to draw checks for biweekly payroll due on December 27, 2024 and January 10, 2025. Moved by Coleman to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * ORDINANCES SECOND CONSIDERATION 24-1743 46. Repeal and replace Chapter 61 of the Municipal Code relating to property maintenance and vacant property. (Council Communication No. 24-535) Moved by Gatto that this ordinance be considered and given second vote for passage. Second by Simonson. Motion Carried 7-0. 24-1744 (A) Final consideration of ordinance above (waiver requested by Chris Johansen, Director, Neighborhood Services 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, #16,407. Second by Simonson. Motion Carried 7-0. HEARINGS (OPEN AT 5:00 PM) (ITEMS 47 THRU 50) 24-1745 47. On vacation of the north/south alley right-of way lying west of and adjoining 2116 Searle Street and conveyance to Leonard Cosimo, $50. Moved by Simonson to adopt. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1746 (A) First consideration of ordinance above. Moved by Simonson that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 6-0. Absent: Voss. 24-1747 48. 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, Moved by Mandelbaum to DENY the proposed rezoning. Second by Gatto. Motion Carried 7-0. 8 12/23/2024 24-1748 49. On 2025 Citywide PCC Pavement Patching Program: 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), $1,380,796. (Council Communication No. 24-512) Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 24-1749 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 24-1750 50. On Jordan Park Sprayground: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as The Henley Group, LLC (Tyler C. Henley, President), $560,752.50. (Council Communication No. 24-513) Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 24-1751 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. ****END HEARINGS AT 5:11 PM**** APPROVING 50-I Items regarding 515 Walnut LLC’s project to construct a 33-story, 390-unit, high rise apartment building at 515 Walnut Street: (Council Communication No. 24-536) 24-1752 (A) Final terms of an urban renewal development agreement and approving the conceptual development plan. Moved by Coleman to adopt. Second by Simonson. Motion Carried 7-0. 24-1753 (B) Grant Agreement in support of the construction project. Moved by Coleman to adopt. Second by Simonson. Motion Carried 7-0. 24-1754 (C) Parking License Agreement for the use of spaces in the City’s Fifth and Walnut Street parking garage. Moved by Coleman to adopt. Second by Simonson. Motion Carried 7-0. ORDINANCES FIRST CONSIDERATION 24-1755 51. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-516) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 9 12/23/2024 (A) Parking Modifications: (1) 17th Street – Ingersoll Avenue to Woodland Avenue. (2) High Street – 16th Street to 17th Street (B) Parking Correction – Update parking restriction to match field condition on the east side of E. 6th Street between E. Walnut Street and E. Locust Street. (C) Code Modification – Locust Street between 3rd Street and 4th Street. 24-1756 (D) Final consideration of ordinance above, requires six votes. Moved by Mandelbaum that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,408. Second by Gatto. Motion Carried 7-0. 24-1757 52. Amending Chapter 114 of the Municipal Code relating to non-vehicular traffic, including pedestrian conveyances and bicyclists' right-of-way at certain crosswalks. (Council Communication No. 24-511) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 24-1758 (A) 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, #16,409. Second by Voss. Motion Carried 7-0. 24-1759 53. Amending Chapter 114 of the Municipal Code relating to City-owned electric vehicle charging stations. (Council Communication No. 24-510) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 7-0. 24-1760 (A) Final consideration of ordinance above (waiver requested by Steve Naber, City Engineer), 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, #16,410. Second by Coleman. Motion Carried 7-0. 54. Number not used. 55. Number not used. 24-1761 56. Amending Chapter 30 of the Municipal Code relating to regulations of certain tobacco products and providing penalties. (Council Communication No. 24-525) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 7-0. 10 12/23/2024 24-1762 (A) Final consideration of ordinance above (waiver requested by Laura Baumgartner, City Clerk), 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, #16,411. Second by Coleman. Motion Carried 7-0. 24-1763 57. Amending Chapter 26 of the Municipal Code relating to building and building regulations. (Council Communication No. 24-531) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. 24-1764 (A) 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, #16,412. Second by Mandelbaum. Motion Carried 7-0. 24-1765 58. Amending Chapter 60 of the Municipal Code relating to pest control, light and ventilation in rental properties. (Council Communication No. 24-537) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. 24-1766 (A) 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, #16,413. Second by Mandelbaum. Motion Carried 7-0. COMMUNICATIONS/REPORTS 24-1767 59. Requests to speak as follows: Moved by Gatto to receive and file. Second by Mandelbaum. Motion Carried 7-0. (A) Jolene Prescott (B) Garland Armstrong (C) Heather Armstrong (D) Devon Fishback (E) Carol Maher (F) Joe Durby 24-1768 MOTION TO ADJOURN. Moved by Boesen to adjourn at 6:05 PM. 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. 11 12/23/2024 View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 12 12/23/2024

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 December 23, 2024 5:00 PM 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 45: *Note: These are routine items and will be enacted by one roll call vote without separate discussion unless pursuant to Council rules, Council requests an item be removed to be considered separately. LICENSES AND PERMITS 4. Approving Alcoholic Beverage License Applications for the following: NEW APPLICATIONS (A) EL POLLO RANCHERO 1301 E WATROUS AVE Class C Liquor (B) PHINS PLACE 4121 SE 14TH ST Class C Liquor RENEWAL APPLICATIONS (C) 801 STEAK AND CHOP 801 GRAND AVE #200 Class C Liquor (D) A DONG RESTAURANT 1511 HIGH ST Special Class C Liquor (E) BAILEYS PUB N GRUB 918 E EUCLID AVE Class C Liquor (F) CASEYS STORE #2786 5150 E 14TH ST Class E Liquor (G) CHRISTOPHERS DINING 2816 BEAVER AVE Class C Liquor (H) DES MOINES CLUB 666 GRAND AVE #3400 Class F Retail (I) EASTGATE LAUNDROMAT 1424 E OVID AVE Special Class C Liquor (J) GIT N GO STORE #2 1307 ARMY POST RD Class B Retail (K) HIGHLAND PARK POST 3712 2ND AVE Class F Retail (L) HY-VEE FAST & FRESH #3 3215 SE 14TH ST Class B Retail (M) LA CABANA MEXICAN 1435 ARMY POST RD Class C Liquor (N) LOS LAURELES 1518 E GRAND AVE Class C Liquor (O) MAINGATE BAR & GRILL 2956 E GRAND AVE Class C Liquor 1 (P) NOW OR LATER 3750 E UNIVERSITY AVE Class C Liquor (Q) QUIK TRIP #544 3941 SE 14TH ST Class E Liquor (R) STAYBRIDGE SUITES 201 E LOCUST ST Class B Retail (S) STRIKING SPARROW 1930 SE 6TH ST Class C Liquor (T) TANGERINE FOOD CO 900 KEOSAUQUA WAY Class C Liquor (U) TEMPLE THEATER 1011 LOCUST ST Class C Liquor (V) UNIVERSITY LIBRARY 3506 UNIVERSITY AVE Class C Liquor SPECIAL EVENT APPLICATIONS (W) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR THE WEDDING SHOW ON JANUARY 5, 2025. (X) DM EMBASSY CLUB WFP 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON JANUARY 13, 2025. 5. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 6. Approval of contract and bond for construction of an improvement with an estimated cost which is less than the Iowa Code competitive bid threshold, Northwest Pool Repair and Painting Improvements, A1A Sandblasting (Iowa), Michael Marjama, Owner, $89,200. (Council Communication No. 24-515) 7. Designation of lowest responsive, responsible bidder as MPS Engineers, PC d/b/a Kingston Services, PC (Umesh G. Shetye, President) and approval of contract and bond on 2025 Neighborhood Sidewalk Program, $1,174,975. (Council Communication No. 24-521) 8. Approving Supplemental Agreement No. 4 to the Professional Services Agreement with I&S Group, Inc. for the Market District Street Reconstruction Project (E. 1st, E. 2nd, E. 3rd, and E. 7th Streets), not to exceed $249,840. (Council Communication No. 24-517) 9. Authorizing submittal of Federal Surface Transportation Block Grant (STBG) Set-Aside Program Fiscal Year (FY) 2029 applications to the Des Moines Area Metropolitan Planning Organization (MPO). (Council Communication No. 24-514) 2 10. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with SmithGroup, Inc. for the Birdland Park Phase 1 Improvements project, not to exceed $57,785. (Council Communication No. 24-518) 11. Approving Change Order No. 3 with Grimes Asphalt and Paving Corporation for additional work on 2023 Hot Mix Asphalt (HMA) Residential Paving Program Contract 1 – Local Option Sales and Service Tax (LOSST), $216,156.19. (Council Communication No. 24-519) 12. Acceptance of a proposal from MidAmerican Energy Company to relocate existing overhead utilities transversely crossing 2nd Avenue to underground for the 2nd Avenue Reconstruction from University Avenue to the Des Moines River, estimated cost $389,410. (Council Communication No. 24-522) 13. Acceptance of a proposal from MidAmerican Energy Company to install streetlights on Broadway Avenue from 818 NE 46th Avenue to E. 14th Street, estimated cost $38,987.15. (Council Communication No. 24-524) 14. Communication from contractor requesting permission to sublet certain items on a public improvement project. 15. Accepting completed construction and approving final payment for the following: (A) 2024 HMA Residential Paving Program Contract 1 – InRoads, LLC. (B) 2024 Neighborhood Sidewalk Program Contract 2 – TK Concrete, Inc. (C) 30th Street Sidewalk from Urbandale Avenue to Euclid Avenue – MPS Engineers, PC d/b/a Kingston Services, PC. SPECIAL ASSESSMENTS 16. Levying assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2024-12. 17. Levying Assessments for costs of Public Works Sewer Repair at 2902 Cottage Grove Avenue, Schedule No. 2024-04. 18. Deletion of rental inspection assessment at 4108 39th Place. 3 LAND/PROPERTY TRANSACTIONS 19. Dedicating SW 16th Street right-of-way south of vacated Wabash Street to future Gray’s Parkway for the Gray's Station Roadway Improvements at SW 16th Street and Tuttle Street. BOARDS/COMMISSIONS/NEIGHBORHOODS 19-I Recommendation from Mayor Boesen to appoint David Gross to the Water Works Board of Trustees, Seat 3, for a term expiring April 1, 2025. SETTING DATE OF HEARINGS 20. On a land exchange agreement with Galinsky Family Real Estate, LLC and the Gary L. Galinsky Trust and Mindy Sue Galinsky Trust for property located at 3028 Maury Street and 3016 Maury Street for the SE Connector – SE 30th Street to U.S. Highway 65 Project, (1-13-25). 21. On request from Asokarama Arkakka Buddhist Society (U Thein Maung Zaw, Officer) for property located in the vicinity of 4211 E. 38th Street to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the property from Low Density Residential and Parks and Open Space to Public/Semi-Public, and to rezone the property from “N2a” Neighborhood District and “F” Flood District to Limited “P2” Public, Civic, and Institutional District, to allow use of the property for an “Assembly/Place of Worship” use, (1-13-25). 22. On request from Steinbeck Properties, LLC (Usman Haq, Officer) to rezone property in the vicinity of 955 24th Street from “N5” Neighborhood District to Limited “N5-2” Neighborhood District to allow construction of a two-household residential dwelling (duplex), (1-13-25). 23. On request from Luis E. Ochoa (Owner) to rezone 617 Scott Avenue from “DXR” Downtown District to Limited “MX3” Mixed Use District to allow a “Vehicle Maintenance and Repair – Minor” use, (1-13-25). 24. On application to Iowa Economic Development Authority (IEDA) for Community Development Block Grant Funds to prepare, prevent and respond to coronavirus (CDBG- CV) funding, (1-13-25). LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25. Approving payment to Norfolk Southern Railroad. 26. Approving payment to Jeri Smith for a personal injury claim. 4 27. Approving payment to Logan Underwood for a personal injury claim. 28. Approving payment to Davik Properties, LLC for a property damage claim. 29. Approving payment to Rebecca McDaniel for a property damage claim. 30. Approving payment to Robert and Brittany Willson for a property damage claim. CITY MANAGER COMMUNICATIONS 31. Submitting travel and training request for Mayor Connie Boesen. (Council Communication No. 24-530) APPROVING 32. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Funding for Home Opportunities Made Easy, Incorporated (HOME, Inc.) to construct an affordable single-family home at 2119 23rd Street. (Council Communication No. 24-527) 33. Preliminary commitment of $500,000 in Home Investment Partnership (HOME) Funds for the acquisition of the Goldfinch Lofts multifamily building at 3422 Ingersoll Avenue resulting in 28 affordable residential rental units. (Council Communication No. 24-528) 33-I Moved to 50-I. Items regarding 515 Walnut LLC’s project to construct a 33-story, 390- unit, high rise apartment building at 515 Walnut Street: Council Communication No. 24-536) (A) Final terms of an urban renewal development agreement and approving the conceptual development plan. (B) Grant Agreement in support of the construction project. (C) Parking License Agreement for the use of spaces in the City’s Fifth and Walnut Street parking garage. 34. First Amendment to Urban Renewal Development Agreement with Stapek Partners, LLC for the renovation of the existing 17,657-square-foot commercial building located at 112 SE 4th Street for commercial and residential mixed-uses. (Council Communication No. 24-532) 5 35. First Amendment to Urban Renewal Agreement for sale of land for private redevelopment with Des Moines Industrial, LLC. (Council Communication No. 24-533) 36. First Amended and Restated Skywalk Corridor Surface Lease Agreement with Downtown DSM, Inc. 37. Acceptance of the 2024 Edward Byrne Memorial, Justice Assistance Grant (JAG) award, $173,109. (Council Communication No. 24-508) 38. 2025 Cooperative Agreement between the Human Rights Commission and the Iowa Civil Rights Commission. (Council Communication No. 24-523) 39. Amendment No. 1 to Water Quality Initiative Urban Conservation Demonstration Projects cost-share grant contract with the Iowa Department of Agriculture and Land Stewardship (IDALS) in the amount of $500,000 for the Des Moines Stormwater Detention Basin Water Quality Retrofit Project. (Council Communication No. 24-509) 40. Second Amendment to Agreement for Management Services for Municipal Parking Facilities with ABM Parking Services, Inc. (ABM). (Council Communication No. 24-520) 41. Procurement of critical care and EMS equipment from Stryker Sales LLC (Anne Mullally, Vice President and General Manager) for the Fire Department and approval of utilizing the SourceWell Cooperative Agreement and Supplemental Agreement, $1,500,569.51. (Council Communication No. 24-526) 42. Amendment to Schedule of Fees for Chapter 60 as it relates to rental inspections and rental property licensing and Chapter 26 regarding building and building regulations. (Council Communication No. 24-534) 43. Abatement of public nuisances as follows: (A) 1318 9th Street. (B) 3211 Pleasant Street. 6 44. Receipt of Des Moines Water Works budget for calendar year ending December 31, 2025. 45. Authorizing Finance Director to draw checks on registers for the weeks of December 23 and 30, 2024 and January 6, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of December 23 and 30, 2024 and January 6, 2025; to draw checks for biweekly payroll due on December 27, 2024 and January 10, 2025. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * ORDINANCES SECOND CONSIDERATION 46. Repeal and replace Chapter 61 of the Municipal Code relating to property maintenance and vacant property. (Council Communication No. 24-535) (A) Final consideration of ordinance above (waiver requested by Chris Johansen, Director, Neighborhood Services Director), requires six votes. HEARINGS (OPEN AT 5:00 PM) (ITEMS 47 THRU 50) 47. On vacation of the north/south alley right-of way lying west of and adjoining 2116 Searle Street and conveyance to Leonard Cosimo, $50. (A) First consideration of ordinance above. 48. 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, (Choose one alternative below). (Requires six votes for approval due to Plan and Zoning Commission recommending denial) (A) Deny. OR (B) To continue the hearing until January 13, 2025 and direct the City Manager and Legal Department to prepare the necessary legislation to approve. 7 49. On 2025 Citywide PCC Pavement Patching Program: 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), $1,380,796. (Council Communication No. 24-512) (A) Approval of contract and bond. 50. On Jordan Park Sprayground: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as The Henley Group, LLC (Tyler C. Henley, President), $560,752.50. (Council Communication No. 24-513) (A) Approval of contract and bond. ****END HEARINGS AT _______________PM**** APPROVING 50-I Items regarding 515 Walnut LLC’s project to construct a 33-story, 390-unit, high rise apartment building at 515 Walnut Street: (Council Communication No. 24-536) (A) Final terms of an urban renewal development agreement and approving the conceptual development plan. (B) Grant Agreement in support of the construction project. (C) Parking License Agreement for the use of spaces in the City’s Fifth and Walnut Street parking garage ORDINANCES FIRST CONSIDERATION 51. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 24-516) (A) Parking Modifications: (1) 17th Street – Ingersoll Avenue to Woodland Avenue. (2) High Street – 16th Street to 17th Street (B) Parking Correction – Update parking restriction to match field condition on the east side of E. 6th Street between E. Walnut Street and E. Locust Street. 8 (C) Code Modification – Locust Street between 3rd Street and 4th Street. 52. Amending Chapter 114 of the Municipal Code relating to non-vehicular traffic, including pedestrian conveyances and bicyclists' right-of-way at certain crosswalks. (Council Communication No. 24-511) 53. Amending Chapter 114 of the Municipal Code relating to City-owned electric vehicle charging stations. (Council Communication No. 24-510) (A) Final consideration of ordinance above (waiver requested by Steve Naber, City Engineer), requires six votes. 54. Number not used. 55. Number not used. 56. Amending Chapter 30 of the Municipal Code relating to regulations of certain tobacco products and providing penalties. (Council Communication No. 24-525) (A) Final consideration of ordinance above (waiver requested by Laura Baumgartner, City Clerk), requires six votes. 57. Amending Chapter 26 of the Municipal Code relating to building and building regulations. (Council Communication No. 24-531) 58. Amending Chapter 60 of the Municipal Code relating to pest control, light and ventilation in rental properties. (Council Communication No. 24-537) COMMUNICATIONS/REPORTS 59. Requests to speak as follows: (A) Jolene Prescott (B) Garland Armstrong (C) Heather Armstrong (D) Devon Fishback (E) Carol Maher (F) Joe Durby 9 MOTION TO ADJOURN. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 10

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