Muyni
← Back to Des Moines

City Council

Regular Meeting

Des Moines, IA · January 13, 2025

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 '25-' 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 January 13, 2025 5:00 PM PROCLAMATIONS – 4:50 PM National Mentoring Month Human Trafficking Prevention & Awareness Month 25-0001 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 25-0002 I. Recommendation of Mayor Connie Boesen for appointment of Council Member Mike Simonson as Mayor Pro Tem for Calendar Year 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-0. Council Member Simonson declares a conflict of interest and abstains from voting. 25-0003 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 1 1/13/2025 25-0004 3. APPROVING CONSENT AGENDA * – items 3 through 32: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Mandelbaum. 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 25-0005 4. Approving Alcoholic Beverage License applications for the following: Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. NEW APPLICATION (A) EUREST DINING SERVICES 750 PARK ST Class C Liquor RENEWAL APPLICATIONS (B) 300 CRAFT & ROOFTOP 300 W MLK JR PKWY Class C Liquor (C) ALBA RESTAURANT 519 DES MOINES ST Class C Liquor (D) CASEYS GENERAL STORE #2322 4331 PARK AVE Class B Retail (E) CASEYS GENERAL STORE #2641 2849 E EUCLID AVE Class B Retail (F) E 25TH ST PUB & GRUB 509 E 25TH ST Class C Liquor (G) FAREWAY STORES INC #183 4313 FLEUR DR Class E Liquor (H) FAST MART 1621 UNIVERSITY AVE Class E Liquor (I) FUZZYS TACO SHOP 300 W MLK JR PKWY Class C Liquor (J) GIT N GO STORE #24 1142 42ND ST Class B Retail (K) GIT N GO STORE #27 1240 KEOSAUQUA WAY Class B Retail (L) GIT N GO STORE #29 4900 URBANDALE AVE Class B Retail (M) GIT N GO STORE #32 2911 DOUGLAS AVE Class B Retail (N) HOLIDAY INN EXPRESS 333 SW 11TH ST Class B Retail (O) HOMEGROWN CRESCENT 555 17TH ST #102 Class C Liquor (P) HY VEE FOOD STORE #1 3330 MLK JR PKWY Class E Liquor (Q) JK AFRICAN STORE 2312 UNIVERSITY AVE Class B Retail (R) KUM & GO #573 5830 SE 14TH ST Class E Liquor (S) MAD MEATBALL PIZZERIA 210 SW 11TH ST Class C Liquor (T) MARVS MUSIC 506 E 6TH ST #200 Special Class C (U) MLK LIQUOR LLC 3424 MLK JR PKWY Class E Liquor (V) MORTYS PLACE 2117 E UNIVERSITY AVE Class C Liquor (W) PRIMOS TEX MEX BAR & GRILL 1140 E ARMY POST RD Class C Liquor (X) SHOP N SAVE #2 1372 E 14TH ST Class E Liquor (Y) TARGET STORE T-2041 5901 DOUGLAS AVE Class E Liquor (Z) TRIPLE CROWN SPORTS BAR 1500 SE 1ST ST Class C Liquor SPECIAL EVENT APPLICATIONS (AA) APRES BAR CO 100 LOCUST ST Class C Liquor CLASS C LIQUOR LICENSE FOR MAD HATTER EVENT ON JANUARY 25, 2025. 2 1/13/2025 (BB) APRES BAR CO 519 PARK ST Class C Liquor CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON JANUARY 18, 2025. (CC) HY VEE 100 LOCUST ST Class C Liquor CLASS C LIQUOR LICENSE FOR REPUBLICAN PARTY ON JANUARY 20, 2025. 25-0006 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0007 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. PUBLIC IMPROVEMENTS 7. Ordering construction of the following: 25-0008 (A) Southeast Connector from SE 30th Street to US 65: Receiving of bids, (1-22-25) and Setting date of hearing, (2-10-25), Engineer’s estimate, $60,700,000. (Council Communication No. 25-015) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0009 (B) SW 9th Street Viaduct Rehabilitation: Receiving of bids, (1-22-25) and Setting date of hearing, (2-10-25), Engineer’s estimate, $2,171,365. (Council Communication No. 25- 016) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0010 (C) East Army Post Road Trunk Sanitary Sewer from SE 14th Street to Three Lakes Estates: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $4,500,000. (Council Communication No. 25-017) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0011 (D) 2025 Sewer Lining Program: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $4,500,000. (Council Communication No. 25-018) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0012 (E) Hamilton Drain Storm Water Improvements Phase 4: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $2,225,000. (Council Communication No. 25-019) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 3 1/13/2025 25-0013 (F) Porter Avenue Improvements from SW 9th Street to South Union Street: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $575,000. (Council Communication No. 25-020) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0014 (G) 2025 Traffic Signal Replacement Contract 1: Receiving of bids, (1-28-25) and Setting date of hearing, (2-10-25), Engineer’s estimate, $1,100,000. (Council Communication No. 25-013) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0015 (1) Authorization to proceed with acquisition of the necessary property interests for the 2025 Traffic Signal Replacement Contract 1. (Council Communication No. 25-014) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0016 8. Approving Guaranteed Maximum Price (GMP) Amendment No. 2 with McGough Construction Co. LLC for Construction Manager at Risk (CMR) services for the City Facility Expansion Phase 1 Improvements, not to exceed $17,889,445.75. (Council Communication No. 25-006) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0017 9. Approving Private Construction Contract between Reilly Construction Co. Inc. and Alley Landing Limited Partnership for sanitary sewer improvements in Alley Landing at 2715 Douglas Avenue. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 10. Accepting completed construction and approving final payment for the following: 25-0018 (A) SW 9th Street Rehabilitation from Emma Avenue to Leach Avenue – TK Concrete, Inc. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0019 (B) Birdland Pool Facility Reroofing – R3 Commercial Roofing, LLC. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0020 (C) Guthrie Avenue Trail from E. 21 st Street to Hubbell Avenue – TK Concrete, Inc. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. SPECIAL ASSESSMENTS 25-0021 11. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2025-01. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 4 1/13/2025 LAND/PROPERTY TRANSACTIONS 25-0022 12. Approval of final subdivision plat and acceptance of subdivision bond for Woodbury Plat 2, located in the vicinity of E. 56th Street and Leyden Avenue. (Council Communication No. 25-021) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0023 13. Releasing subdivision bond for Elevate Townhomes Plat 2, located in the vicinity of 508 Indianola Road. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 25-0024 14. Recommendation from Council Member Simonson to appoint Anna Hartzog to the Greater Des Moines Sister Cities Commission, Seat 4, for a five-year term expiring April 28, 2026. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0025 15. Communication from Annie Giudicessi advising of her resignation from the Access Advisory Board, Seat 10, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Mandelbaum. Motion Carried 7-0. 25-0026 16. Communication from Helen Eddy advising of her resignation from the Transportation Safety Committee, Seat 12a, effective January 17, 2025. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Mandelbaum. Motion Carried 7-0. 25-0027 17. Recommendation from the Polk County Health Department to appoint Juliann Van Liew to the Transportation Safety Committee, Seat 12a, for a term expiring December 31, 2026. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0028 17-I Approving the Primary and Alternate Members to be appointed and serve on the Metropolitan Planning Organization (MPO) for the 2025 calendar year. Sponsor: Mayor Boesen. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. SETTING DATE OF HEARINGS 25-0029 18. On conveyance of excess City property located west of 2720 Logan Avenue to Isidro Cuevas Garcia, $1,100, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0030 19. On conveyance of vacated alley right-of-way located west of 805 SE 11th Street to YVL Properties LLC, $50, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 5 1/13/2025 25-0031 20. On conveyance of excess City property located at 3770 and 3790 Hubbell Avenue to Casey O’Sheen Smith, $2,000, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0032 21. On vacation of a portion of Mulberry Street right-of-way adjoining 204 12th Street and conveyance of a Permanent Easement for Building Encroachment to Cordoba Holdings DSM LLC, $1,560, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0033 22. On vacation of air rights over a portion of Carpenter Avenue right-of-way adjoining 1900 Carpenter Avenue and conveyance of a Permanent Easement for Air Space Above City- owned Property to Polk County, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0034 23. On request from Faithful Moments, LLC (Adam Sieren, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for property located at 5702 Grand Avenue from Low Density Residential to Low-Medium Density Residential and to rezone from “N3c” Neighborhood District to “NX2” Neighborhood Mix District to allow the redevelopment of the property for rowhome buildings, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0035 24. On request from RTB Renovations, LLC (Rodrigo Cazares, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for property located at 2625 Cottage Grove Avenue from Low-Medium Density Residential to High Density Residential, and to rezone from “N5” Neighborhood District to Limited “N5- 4” Neighborhood District to allow reuse of the existing structure for multiple-household residential use with up to four (4) dwelling units, (1-27-25). Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0036 25. On proposed connection fee ordinance for East Army Post Road and Indianola Avenue Trunk Sanitary Sewer System Benefited District, (2-10-25). (Council Communication No. 25-001) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0037 26. Approving payment to Krista Morton. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0038 27. Approving payment to MidAmerican Energy. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0039 28. Approving payment to Ted’s Body Shop on behalf of Liberty Ready Mix. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 6 1/13/2025 APPROVING 25-0040 29. Des Moines Fire Department and the American National Red Cross Licensed Training Provider Agreement. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0041 30. Appointment of Grant Hyland as an Assistant City Attorney 1 to fill a vacancy within the Infrastructure Division of the Legal Department effective January 27, 2025, subject to conditions of offer being met. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0042 31. Appointment of Nathan R. Britton as an Assistant City Attorney 1 to fill a vacancy within the Litigation Division of the Legal Department no later than January 27, 2025, subject to conditions of offer being met. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0043 32. Authorizing Finance Director to draw checks on registers for the weeks of January 13 and 20, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 13 and 20, 2025; to draw checks for biweekly payroll due on January 24, 2025. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * ORDINANCES - SECOND CONSIDERATION 25-0044 33. On vacation of the north/south alley right-of way lying west of and adjoining 2116 Searle Street. Moved by Westergaard that this ordinance be considered and given second vote for passage. Second by Gatto. Motion Carried 7-0. 25-0045 (A) Final consideration of ordinance above, requires six votes. Moved by Westergaard that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,414. Second by Gatto. Motion Carried 7-0. HEARINGS (OPEN AT 5:00 PM) (ITEMS 34 THRU 42) 25-0046 34. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 7 1/13/2025 25-0047 (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. 25-0048 (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, #16,415. Second by Gatto. Motion Carried 7-0. 25-0049 35. 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. Moved by Westergaard to adopt. Second by Coleman. Motion Carried 7-0. 25-0050 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Coleman. Motion Carried 7-0. 25-0051 (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, #16,416. Second by Coleman. Motion Carried 7-0. 25-0052 36. 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). Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 25-0053 (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. 25-0054 (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, #16,417. Second by Gatto. Motion Carried 7-0. 8 1/13/2025 25-0055 37. 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. (Council Communication No. 25-010) Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 25-0056 38. On application to Iowa Economic Development Authority (IEDA) for Community Development Block Grant funds to prepare for, prevent and respond to coronavirus (CDBG- CV) funding. (Council Communication No. 25-002) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 25-0057 39. On 2025 Citywide Traffic Calming Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Caliber Concrete, LLC (Jason Martin, Owner), $113,354.35. (Council Communication No. 25-007) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0058 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0059 40. On E. 4th Street Improvements from North of E. Market Street to E. Court Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Corell Contractor, Inc. (Grant S. Correll, President), $1,523,837.50. (Council Communication No. 25-008) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0060 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0061 41. On Euclid Avenue Improvements from Des Moines River to York Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as OMG Midwest, Inc. dba Des Moines Asphalt & Paving (Kevin Bragg, President), $3,883,806.45. (Council Communication No. 25-009) Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 25-0062 (A) Approval of contract and bond. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 25-0063 42. On SW 1st Street Bridge Park Improvement: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, and receive and file bids. (Council Communication No. 25-011) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. *****END HEARINGS AT 5:33 PM***** 9 1/13/2025 APPROVING II 25-0064 43. Review of Zoning Board of Adjustment decision conditionally granting a Variance to a separation distance required to allow use of the property at 3614 6th Avenue for a “Bar” use within 150 feet of a “Place of Worship” use. (Council Communication No. 25-022) Moved by Westergaard to adopt Alternative C. (C) The City Council declines to remand the decision to the Zoning Board of Adjustment. The decision of the Board becomes final on this date. Second by Mandelbaum. Motion Carried 6-0. Council Member Voss declares a conflict of interest and abstains from voting. ORDINANCES FIRST CONSIDERATION 25-0065 44. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 25-005) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. (A) Parking Correction Modification – Center Street between 31st Street and 30th Street (B) Corner Clearance Parking Restrictions: (1) SW 2nd Street and Dunham Avenue (2) SW 5th Street and Emma Avenue (3) SE 8th Street and E. Bell Avenue (4) SE 8th Street and Emma Avenue (5) 14th Street and Enos Avenue (6) Brattleboro Avenue and 28th Street (7) College Avenue and 61st Street (8) Douglas Avenue and E 42nd Street (9) Rollins Avenue and E 40th Street (10) Timber Lane & Williams Street 25-0066 (C) Final consideration of ordinance above, requires six votes. Moved by Gatto that the rule requiring that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the ordinance be placed upon its final passage and that the ordinance do now pass, #16,418. Second by Mandelbaum. Motion Carried 7-0. 25-0067 45. Amending Section 114-1 of the Municipal Code to correct or update certain definitions. (Council Communication No. 25-004) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 25-0068 (A) 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, #16,419. Second by Gatto. Motion Carried 7-0. 10 1/13/2025 25-0069 46. Amending Chapter 114 of the Municipal Code to establish public parking rates for the 1200 Mulberry City parking garage and to change the upper limit of the City’s prepaid special event parking rate. (Council Communication No. 25-012) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0070 (A) 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, #16,420. Second by Voss. Motion Carried 7-0. 25-0071 47. Amending the Municipal Code Section 114-358(a) relating to an increase in the distance of parking restrictions and crosswalks. (Council Communication No. 25-003) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0072 (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, #16,421. Second by Voss. Motion Carried 7-0. 25-0073 48. Amending Chapter 134 and 135 of the Municipal Code relating to electronic and multi-vision displays, zoning variances and Type 1 design alternatives. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0074 (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, #16,422. Second by Voss. Motion Carried 7-0. COMMUNICATIONS/REPORTS 25-0075 49. Requests to speak as follows: Moved by Gatto to receive and file. Second by Mandelbaum. Motion Carried 7-0. (A) Monika Owczarski – Did not speak. (B) Carolyn Uhlenhake Walker (C) Katie Rock (D) Sheila Knoploh-Odole (E) Michael Farley (F) Kerri Johannsen – Did not speak. 11 1/13/2025 (G) Carter Yerkes (H) Lora Fraracci (I) Garland Armstrong (J) Jamie Nicolino (K) Katie Das – Did not speak. (L) Deborah J Neustadt (M) David Tam (N) Mike Tramontina (O) Anna Snyder (P) Giada Morresi (Q) Laurie Jones (R) Molly Hanson (S) Cameron LaPage (T) Adam Callanan 25-0076 MOTION TO ADJOURN. Moved by Gatto to adjourn at 6:35 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 1/13/2025

Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 January 13, 2025 5:00 PM PROCLAMATIONS – 4:50 PM National Mentoring Month Human Trafficking Prevention & Awareness Month 1. ROLL CALL: I. Recommendation of Mayor Connie Boesen for appointment of Council Member Mike Simonson as Mayor Pro Tem for Calendar Year 2025. 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 32: *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 APPLICATION (A) EUREST DINING SERVICES 750 PARK ST Class C Liquor RENEWAL APPLICATIONS (B) 300 CRAFT & ROOFTOP 300 W MLK JR PKWY Class C Liquor (C) ALBA RESTAURANT 519 DES MOINES ST Class C Liquor (D) CASEYS GENERAL STORE #2322 4331 PARK AVE Class B Retail (E) CASEYS GENERAL STORE #2641 2849 E EUCLID AVE Class B Retail (F) E 25TH ST PUB & GRUB 509 E 25TH ST Class C Liquor (G) FAREWAY STORES INC #183 4313 FLEUR DR Class E Liquor 1 (H) FAST MART 1621 UNIVERSITY AVE Class E Liquor (I) FUZZYS TACO SHOP 300 W MLK JR PKWY Class C Liquor (J) GIT N GO STORE #24 1142 42ND ST Class B Retail (K) GIT N GO STORE #27 1240 KEOSAUQUA WAY Class B Retail (L) GIT N GO STORE #29 4900 URBANDALE AVE Class B Retail (M) GIT N GO STORE #32 2911 DOUGLAS AVE Class B Retail (N) HOLIDAY INN EXPRESS 333 SW 11TH ST Class B Retail (O) HOMEGROWN CRESCENT 555 17TH ST #102 Class C Liquor (P) HY VEE FOOD STORE #1 3330 MLK JR PKWY Class E Liquor (Q) JK AFRICAN STORE 2312 UNIVERSITY AVE Class B Retail (R) KUM & GO #573 5830 SE 14TH ST Class E Liquor (S) MAD MEATBALL PIZZERIA 210 SW 11TH ST Class C Liquor (T) MARVS MUSIC 506 E 6TH ST #200 Special Class C (U) MLK LIQUOR LLC 3424 MLK JR PKWY Class E Liquor (V) MORTYS PLACE 2117 E UNIVERSITY AVE Class C Liquor (W) PRIMOS TEX MEX BAR & GRILL 1140 E ARMY POST RD Class C Liquor (X) SHOP N SAVE #2 1372 E 14TH ST Class E Liquor (Y) TARGET STORE T-2041 5901 DOUGLAS AVE Class E Liquor (Z) TRIPLE CROWN SPORTS BAR 1500 SE 1ST ST Class C Liquor SPECIAL EVENT APPLICATIONS (AA) APRES BAR CO 100 LOCUST ST Class C Liquor CLASS C LIQUOR LICENSE FOR MAD HATTER EVENT ON JANUARY 25, 2025. (BB) APRES BAR CO 519 PARK ST Class C Liquor CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON JANUARY 18, 2025. (CC) HY VEE 100 LOCUST ST Class C Liquor CLASS C LIQUOR LICENSE FOR REPUBLICAN PARTY ON JANUARY 20, 2025. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 6. City Clerk to issue Coin Operated Machine Licenses. 2 PUBLIC IMPROVEMENTS 7. Ordering construction of the following: (A) Southeast Connector from SE 30th Street to US 65: Receiving of bids, (1-22-25) and Setting date of hearing, (2-10-25), Engineer’s estimate, $60,700,000. (Council Communication No. 25-015) (B) SW 9th Street Viaduct Rehabilitation: Receiving of bids, (1-22-25) and Setting date of hearing, (2-10-25), Engineer’s estimate, $2,171,365. (Council Communication No. 25-016) (C) East Army Post Road Trunk Sanitary Sewer from SE 14th Street to Three Lakes Estates: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $4,500,000. (Council Communication No. 25-017) (D) 2025 Sewer Lining Program: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $4,500,000. (Council Communication No. 25-018) (E) Hamilton Drain Storm Water Improvements Phase 4: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $2,225,000. (Council Communication No. 25-019) (F) Porter Avenue Improvements from SW 9th Street to South Union Street: Receiving of bids, (1-28-25) and Setting date of hearing, (2-24-25), Engineer’s estimate, $575,000. (Council Communication No. 25-020) 3 (G) 2025 Traffic Signal Replacement Contract 1: Receiving of bids, (1-28-25) and Setting date of hearing, (2-10-25), Engineer’s estimate, $1,100,000. (Council Communication No. 25-013) (1) Authorization to proceed with acquisition of the necessary property interests for the 2025 Traffic Signal Replacement Contract 1. (Council Communication No. 25-014) 8. Approving Guaranteed Maximum Price (GMP) Amendment No. 2 with McGough Construction Co. LLC for Construction Manager at Risk (CMR) services for the City Facility Expansion Phase 1 Improvements, not to exceed $17,889,445.75. (Council Communication No. 25-006) 9. Approving Private Construction Contract between Reilly Construction Co. Inc. and Alley Landing Limited Partnership for sanitary sewer improvements in Alley Landing at 2715 Douglas Avenue. 10. Accepting completed construction and approving final payment for the following: (A) SW 9th Street Rehabilitation from Emma Avenue to Leach Avenue – TK Concrete, Inc. (B) Birdland Pool Facility Reroofing – R3 Commercial Roofing, LLC. (C) Guthrie Avenue Trail from E. 21st Street to Hubbell Avenue – TK Concrete, Inc. SPECIAL ASSESSMENTS 11. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2025-01. LAND/PROPERTY TRANSACTIONS 12. Approval of final subdivision plat and acceptance of subdivision bond for Woodbury Plat 2, located in the vicinity of E. 56th Street and Leyden Avenue. (Council Communication No. 25-021) 13. Releasing subdivision bond for Elevate Townhomes Plat 2, located in the vicinity of 508 Indianola Road. 4 BOARDS/COMMISSIONS/NEIGHBORHOODS 14. Recommendation from Council Member Simonson to appoint Anna Hartzog to the Greater Des Moines Sister Cities Commission, Seat 4, for a five-year term expiring April 28, 2026. 15. Communication from Annie Giudicessi advising of her resignation from the Access Advisory Board, Seat 10, effective immediately. 16. Communication from Helen Eddy advising of her resignation from the Transportation Safety Committee, Seat 12a, effective January 17, 2025. 17. Recommendation from the Polk County Health Department to appoint Juliann Van Liew to the Transportation Safety Committee, Seat 12a, for a term expiring December 31, 2026. 17-I Approving the Primary and Alternate Members to be appointed and serve on the Metropolitan Planning Organization (MPO) for the 2025 calendar year. Sponsor: Mayor Boesen. SETTING DATE OF HEARINGS 18. On conveyance of excess City property located west of 2720 Logan Avenue to Isidro Cuevas Garcia, $1,100, (1-27-25). 19. On conveyance of vacated alley right-of-way located west of 805 SE 11th Street to YVL Properties LLC, $50, (1-27-25). 20. On conveyance of excess City property located at 3770 and 3790 Hubbell Avenue to Casey O’Sheen Smith, $2,000, (1-27-25). 21. On vacation of a portion of Mulberry Street right-of-way adjoining 204 12th Street and conveyance of a Permanent Easement for Building Encroachment to Cordoba Holdings DSM LLC, $1,560, (1-27-25). 22. On vacation of air rights over a portion of Carpenter Avenue right-of-way adjoining 1900 Carpenter Avenue and conveyance of a Permanent Easement for Air Space Above City- owned Property to Polk County, (1-27-25). 23. On request from Faithful Moments, LLC (Adam Sieren, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for property located at 5702 Grand Avenue from Low Density Residential to Low-Medium Density Residential and to rezone from “N3c” Neighborhood District to “NX2” Neighborhood Mix District to allow the redevelopment of the property for rowhome buildings, (1-27-25). 5 24. On request from RTB Renovations, LLC (Rodrigo Cazares, Officer) to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for property located at 2625 Cottage Grove Avenue from Low-Medium Density Residential to High Density Residential, and to rezone from “N5” Neighborhood District to Limited “N5-4” Neighborhood District to allow reuse of the existing structure for multiple-household residential use with up to four (4) dwelling units, (1-27-25). 25. On proposed connection fee ordinance for East Army Post Road and Indianola Avenue Trunk Sanitary Sewer System Benefited District, (2-10-25). (Council Communication No. 25-001) LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 26. Approving payment to Krista Morton. 27. Approving payment to MidAmerican Energy. 28. Approving payment to Ted’s Body Shop on behalf of Liberty Ready Mix. APPROVING 29. Des Moines Fire Department and the American National Red Cross Licensed Training Provider Agreement. 30. Appointment of Grant Hyland as an Assistant City Attorney 1 to fill a vacancy within the Infrastructure Division of the Legal Department effective January 27, 2025, subject to conditions of offer being met. 31. Appointment of Nathan R. Britton as an Assistant City Attorney 1 to fill a vacancy within the Litigation Division of the Legal Department no later than January 27, 2025, subject to conditions of offer being met. 32. Authorizing Finance Director to draw checks on registers for the weeks of January 13 and 20, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 13 and 20, 2025; to draw checks for biweekly payroll due on January 24, 2025. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 6 ORDINANCES - SECOND CONSIDERATION 33. On vacation of the north/south alley right-of way lying west of and adjoining 2116 Searle Street. HEARINGS (OPEN AT 5:00 PM) (ITEMS 34 THRU 42) 34. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 35. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes 36. 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). (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by the applicant), requires six votes. 37. 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. (Council Communication No. 25-010) 7 38. On application to Iowa Economic Development Authority (IEDA) for Community Development Block Grant funds to prepare for, prevent and respond to coronavirus (CDBG-CV) funding. (Council Communication No. 25-002) 39. On 2025 Citywide Traffic Calming Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Caliber Concrete, LLC (Jason Martin, Owner), $113,354.35. (Council Communication No. 25-007) (A) Approval of contract and bond. 40. On E. 4th Street Improvements from North of E. Market Street to E. Court Avenue: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Corell Contractor, Inc. (Grant S. Correll, President), $1,523,837.50. (Council Communication No. 25-008) (A) Approval of contract and bond. 41. On Euclid Avenue Improvements from Des Moines River to York Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as OMG Midwest, Inc. dba Des Moines Asphalt & Paving (Kevin Bragg, President), $3,883,806.45. (Council Communication No. 25-009) (A) Approval of contract and bond. 42. On SW 1st Street Bridge Park Improvement: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, and receive and file bids. (Council Communication No. 25-011) *****END HEARINGS AT _____________________PM***** 8 APPROVING II 43. Review of Zoning Board of Adjustment decision conditionally granting a Variance to a separation distance required to allow use of the property at 3614 6th Avenue for a “Bar” use within 150 feet of a “Place of Worship” use. (Choose one alternative below). (Council Communication No. 25-022) (A) The City Council remands the Decision and Order to the Zoning Board of Adjustment for further study. The effective date of the Board’s decision will be deferred for 30 days from the date of this remand. (B) The City Council takes no action to review the Decision and Order. The decision of the Board will become final on February 3, 2025. (C) The City Council declines to remand the decision to the Zoning Board of Adjustment. The decision of the Board becomes final on this date. ORDINANCES FIRST CONSIDERATION 44. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 25-005) (A) Parking Correction Modification – Center Street between 31st Street and 30th Street (B) Corner Clearance Parking Restrictions: (1) SW 2nd Street and Dunham Avenue (2) SW 5th Street and Emma Avenue (3) SE 8th Street and E. Bell Avenue (4) SE 8th Street and Emma Avenue (5) 14th Street and Enos Avenue (6) Brattleboro Avenue and 28th Street (7) College Avenue and 61st Street (8) Douglas Avenue and E 42nd Street (9) Rollins Avenue and E 40th Street (10) Timber Lane & Williams Street 45. Amending Section 114-1 of the Municipal Code to correct or update certain definitions. (Council Communication No. 25-004) 9 46. Amending Chapter 114 of the Municipal Code to establish public parking rates for the 1200 Mulberry City parking garage and to change the upper limit of the City’s prepaid special event parking rate. (Council Communication No. 25-012) 47. Amending the Municipal Code Section 114-358(a) relating to an increase in the distance of parking restrictions and crosswalks. (Council Communication No. 25-003) 48. Amending Chapter 134 and 135 of the Municipal Code relating to electronic and multi- vision displays, zoning variances and Type 1 design alternatives. COMMUNICATIONS/REPORTS 49. Requests to speak as follows: (A) Monika Owezarski (B) Carolyn Uhlenhake Walker (C) Katie Rock (D) Sheila Knoploh-Odole (E) Michael Farley (F) Kerri Johannsen (G) Carter Yerkes (H) Lora Fraracci (I) Garland Armstrong (J) Jamie Nicolino (K) Katie Das (L) Deborah J Neustadt (M) David Tam (N) Mike Tramontina (O) Anna Snyder (P) Giada Morresi (Q) Laurie Jones (R) Holly Hanson (S) Cameron LaPage (T) Adam Callanan 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