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City Council

Regular Meeting

Des Moines, IA · January 27, 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 27, 2025 5:00 PM I. CLOSED SESSION – 4:00 PM 25-0081 (A) Roll Call. Present: Simonson, Voss, Westergaard, Mandelbaum and Gatto. Absent: Boesen and Coleman. Mayor Boesen entered the meeting at 4:05 PM and Council Member Coleman entered the meeting at 4:07 PM during item C. 25-0082 (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. Moved by Gatto to adopt. Second by Voss. Motion Carried by roll call 5-0. Absent: Boesen and Coleman. 25-0083 (C) Closed Session. 25-0084 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0085 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:16 PM. Second by Voss. Motion Carried 7-0. 1 1/27/2025 * * * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATION – 4:45 PM Grand View Football Team – NAIA National Champions PROCLAMATION – 4:50 PM Black History Month 25-0086 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 25-0087 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0088 3. APPROVING CONSENT AGENDA * – items 3 through 44: 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 25-0089 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATIONS (A) CAFE MADELEINE 218 6TH AVE #102 Special Class C (B) EL PIRATA 6050 SE 14TH ST Class C Liquor (C) LA PREMIUM MICHAOCANA 1434 DES MOINES ST Special Class C RENEWAL APPLICATIONS (D) APOSTO 644 18TH ST Class C Liquor (E) CASEYS GENERAL STORE #2244 2150 E ARMY POST RD Class B Retail (F) CASH SAVER #33 1320 E EUCLID AVE Class E Liquor (G) CHELSIES COURTYARD DINER 300 W MLK JR PKWY Class C Liquor (H) FLYING MANGO 4345 HICKMAN RD Class C Liquor (I) GIT N GO STORE #18 6501 SE 14TH ST Class B Retail (J) HY VEE #6 420 COURT AVE Class E Liquor (K) HY VEE MARKET GRILLE #6 420 COURT AVE Class C Liquor 2 1/27/2025 (L) IOWA TAPROOM 215 E 3RD ST #100 Class C Liquor (M) LA TAPATIA 2 3504 MERLE HAY RD Class B Retail (N) LACRUZ #3 3900 E 14TH ST #1 Class B Retail (O) LIFT 222 4TH ST Class C Liquor (P) MAGGIES RUMBLE ROOM 1430 2ND AVE Class C Liquor (Q) MARIANAS 1305 UNIVERSITY AVE Special Class C (R) PALMERS DELI & MARKET 2843 INGERSOLL AVE Class C Liquor (S) PUEBLO VIEJO 3841 E 14TH ST Class C Liquor (T) QUINTONS BAR & GRILL 506 E GRAND AVE Class C Liquor (U) SNAKE PIT LOUNGE 3100 MCKINLEY AVE Class F Retail (V) TOBACCO OUTLET PLUS #521 3301 E EUCLID AVE Class B Retail (W) VARIED INDUSTRIES BUILDING 3000 E GRAND AVE #53 Special Class C (X) VICKIES 2801 2ND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (Y) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON FEBRUARY 15, 2025. (Z) CAMPBELLS CONCESSIONS 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR THE IOWA BEEF EXPO ON FEBRUARY 8 - 16, 2025. (AA) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR HIGH TEA AT THE CASTLE ON FEBRUARY 15, 2025. (BB) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR NAVIGATE WELLBEING SOLUTIONS EVENT ON FEBRUARY 5, 2025. 25-0090 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Voss. 25-0091 6. City Clerk to approve Device Retailer Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0092 7. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 3 1/27/2025 PUBLIC IMPROVEMENTS 8. Ordering construction of the following: 25-0093 (A) SE 8th Street Force Main: Receiving of bids, (2-11-25) and Setting date of hearing, (3- 10-25), Engineer’s estimate, $4,500,000. (Council Communication No. 25-042) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0094 (B) E. Euclid Avenue Sidewalk from East of E. 14th Street to Union Pacific Railroad: Receiving of bids, (2-11-25) and Setting date of hearing, (3-10-25), Engineer’s estimate, $275,000. (Council Communication No. 25-043) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0095 9. Designation of lowest responsive, responsible bidder as Minturn, Inc. (Clinton M. Rhoads, President) and approval of contract and bond on SW 1st Street Bridge Park Improvement, $961,268.75. (Council Communication No. 25-041) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0096 10. Acceptance of a proposal from MidAmerican Energy Company to relocate existing overhead utilities crossing 6th Avenue to underground for 6th Avenue Improvements from School Street to University Avenue, estimated at $61,485.51. (Council Communication No. 25- 040) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0097 11. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with Bolton & Menk, Inc. for Central Place Levee Trail Phase 1, not to exceed $45,000. (Council Communication No. 25-038) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0098 12. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Kirkham Michael & Associates, Inc. for Hamilton Drain Storm Water Improvements, not to exceed $98,500. (Council Communication No. 25-039) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 13. Accepting completed construction and approving final payment for the following: 25-0099 (A) 2023 HMA Resurfacing Program Contract 1 – Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0100 (B) 2023 HMA Resurfacing Program Contract 2 – InRoads, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0101 (C) 2024 HMA Resurfacing Program Contract 2 – OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 1/27/2025 25-0102 (D) E. University Avenue Improvements from E. 14th Street to E. 17th Court - OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 25-0103 14. Levying Assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2025-01. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 15. Deletion of rental inspection assessments at the following: 25-0104 (A) 4205 Park Avenue BLDG 18, 19 and 20. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0105 (B) 3721 Washington Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0106 (C) 1225 16th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0107 16. Deletion of NAC – Emergency Assessment at 7301 SW 15th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 25-0108 17. Approving 272 tax abatement applications for work completed in 2024. (Council Communication No. 25-029) 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 25-0109 17-I Communication from Cynde Fanter advising of her resignation from the Parks and Recreation Board, Seat 1, effectively immediately. Sponsor: Mayor Boesen. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Voss. Motion Carried 7-0. 25-0110 (A) Recommendation from Mayor Boesen to appoint Erin Lowe to Parks and Recreation Board, Seat 1, for a term expiring June 30, 2028. Sponsor: Mayor Boesen. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 1/27/2025 25-0111 18. Recommending Linda Westergaard as Public Official and Don Corrigan as Community Representative to the Aging Resources of Central Iowa Board of Directors for calendar year 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0112 19. Approving the Primary and Alternate Members to be appointed and serve on the Des Moines Metropolitan Wastewater Reclamation Authority for calendar year 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0113 19-I Authorize and appoint Major David Ness and Superintendent of Technical Services Michele Bischof as the primary members of the Joint 911 Service Board with Bradley Button, Katie McGhee and Fire Marshal Jonathan Lund serving as alternate members. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS 25-0114 20. On vacation of surface rights within a portion of 6th Avenue right-of-way adjoining 3612 and 3614 6th Avenue and conveyance of a Permanent Easement for Building Encroachment-Door Swing to 36 on 6th, LLC, $34, (2-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0115 21. On vacation of surface rights within portions of Indianola Avenue and E. Hillside Avenue right-of-way adjoining 1961 Indianola Avenue and conveyance of a Permanent Easement for Building Encroachment – Door Swing to Optimae LifeServices, Inc., $300, (2-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 22. Number not used. 25-0116 23. On request from Invest DSM, Inc. (Christopher Civitate, Officer) to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential within a Neighborhood Node to High Density Residential within a Neighborhood Node and to rezone property located in the vicinity of 3610 5th Avenue from “MX1” Mixed Use District to Limited “RX1” Mixed Use District to allow redevelopment of the property for a multiple-household building with up to twelve (12) dwelling units, (2-10- 25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0117 24. On request from Big Deal Investments, LLC (Dylan Book, Officer) to rezone property located at 1424 Army Post Road from “RX1” Mixed Use District to Limited “MX3” Mixed Use District to allow reuse of the property for a “Vehicle Sales and Service – Vehicle Rental” use, (2-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0118 25. On City initiated request to rename a segment of “Lake Ridge Avenue” to “Sweetwater Drive” located to the east of SE 30th Street between E. Army Post Road to the north and E. Pine Avenue to the south, (2-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 1/27/2025 LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0119 26. Approving payment to Madison Henderson. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0120 27. Approving payment to Nick and Lylea Critelli. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 25-0121 28. Preliminary award of $400,000 of Home Investment Partnership Program (HOME) funds to Newbury Living for the construction of Newbury Commons at 401 SE 7th Street resulting in 49 affordable housing units. (Council Communication No. 25-034) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0122 29. Preliminary award of $400,000 of Home Investment Partnership Program (HOME) funds to Market District Apartments, LP for the construction of Foundry Lofts at 509 SE 6th Street resulting in 46 affordable housing units. (Council Communication No. 25-035) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0123 30. Preliminary terms of an Urban Renewal Development Agreement with 509 SE 6TH, LLC for the construction of Foundry Lofts, a 46-unit apartment building located at 509 SE 6th Street. (Council Communication No. 25-031) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0124 31. Preliminary terms of an Urban Renewal Development Agreement with Goldfinch Apartments, LP for the construction of a three-story mixed-use redevelopment of 3404-3422 Ingersoll Avenue. (Council Communication No. 25-033) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0125 32. Proposal from Housing For All for the rehabilitation and redevelopment of 200 Euclid Avenue and authorization to negotiate the disposition and development agreement terms. (Council Communication No. 25-036) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0126 33. Second Amendment to the Urban Renewal Development Agreement with Lawmark, LP for the renovation of the Financial Center building located at 606 and 666 Walnut Street. (Council Communication No. 25-030) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 34. Number not used. 25-0127 35. Amendment to Excess Insurance Agreement with Westport Insurance Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 7 1/27/2025 25-0128 36. Communication from the Greater Des Moines Partnership on behalf of the Iowa Department for the Blind, requesting approval of placement for up to 16 banners to be displayed on banner poles in downtown Des Moines beginning April 1, 2025. Moved by Gatto to receive, file and approve. Second by Voss. Motion Carried 7-0. 25-0129 37. Collective bargaining agreement with American Federation of State County and Municipal Employees (AFSCME), Council 61 and its Affiliated Local 3673 for the period July 1, 2025 through June 30, 2030. (Council Communication No. 25-028) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 38. Abatement of public nuisances as follows: 25-0130 (A) 2006 E. Grand Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0131 (B) 1801 Franklin Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0132 39. Extension of an existing agreement for Public Safety Voice Radio Communications System with Motorola Solutions, Inc. (Norbeto Colon, Vice President), not to exceed $2,211,125 for a 7-year period. (Council Communication No. 25-025) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0133 40. Purchase from Safeware Inc. (Edward A. Simons, President) of four (4) portable x-ray systems per State of Iowa Cooperative and Omnia Agreements for use by the Police Department, $254,458.24. (Council Communication No. 25-027) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0134 41. Purchase from Neenah Enterprise Incorporated of manhole and intake castings to repair damaged sewer infrastructure, not to exceed $102,100. (Council Communication No. 25- 024) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0135 42. Purchase from Beautiful Lawns by Longs LLC (Brandon Long, Owner) of lawn mowing services for use by the Public Works Department, annual estimated amount $150,000. (Four (4) compliant bids received). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0136 43. Receive and file Quarterly Treasurer’s Report as of December 31, 2024. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0137 44. Authorizing Finance Director to draw checks on registers for the weeks of January 27 and February 3, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 27 and February 3, 2025; to draw checks for biweekly payroll due on February 7, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * END CONSENT AGENDA * * * * * * * * * * 8 1/27/2025 HEARINGS (OPEN AT 5:02 PM) (ITEMS 45 THRU 51) 25-0138 45. On conveyance of excess City property located west of 2720 Logan Avenue to Isidro Cuevas Garcia $1,100. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0139 46. On conveyance of vacated alley right-of-way located west of 805 SE 11th Street to YVL Properties LLC, $50. Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0140 47. On conveyance of excess City property located at 3770 and 3790 Hubbell Avenue to Casey O’Sheen Smith, $2,000. Moved by Westergaard to adopt. Second by Voss. Motion Carried 7-0. 25-0141 48. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 25-0142 (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. 25-0143 (B) Final consideration of ordinance above (waiver requested by Shannon Lerda, Manager Cordoba Holdings DSM LLC), 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, #16,423. Second by Gatto. Motion Carried 7-0. 25-0144 49. 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. Moved by Coleman to adopt. Second by Simonson. Motion Carried 7-0. 25-0145 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 7-0. 25-0146 (B) Final consideration of ordinance above, requires six votes. Moved by Coleman 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, #16,424. Second by Gatto. Motion Carried 7-0. 9 1/27/2025 25-0147 50. 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. Moved by Coleman to adopt. Second by Voss. Motion Carried 7-0. 25-0148 (A) First consideration of ordinance above. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0149 (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. Moved by Coleman 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, #16,425. Second by Voss. Motion Carried 7-0. 25-0150 51. 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: Moved by Voss to continue the public hearing until February 10, 2025, at 5:00 PM in the Council Chambers at City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa, and to direct the City Manager and Legal Department to prepare the necessary legislation to APPROVE the requested rezoning for Property from “N3c” Neighborhood District to “NX2” Neighborhood Mix District, to allow the redevelopment of the property for rowhome buildings, and determining the requested rezoning is in conformance with the PlanDSM Creating Our Tomorrow Comprehensive Plan. Conditions to add are a maximum of 8 units and developer to provide additional guest parking. Staff will present stormwater management requirements at the February 10th meeting. Second by Gatto. Motion Carried 7-0. *****END HEARINGS AT 6:26 PM***** ORDINANCES FIRST CONSIDERATION 25-0151 52. Amending Chapter 135 of the Municipal Code relating to public hearing site plans and the review of Plan and Zoning Commission decisions. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 7-0. 10 1/27/2025 25-0152 (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, #16,426. Second by Simonson. Motion Carried 7-0. 25-0153 53. Amending Chapter 42 of the Municipal Code relating to stormwater runoff control and grading operations. (Council Communication No. 25-023) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0154 (A) Final consideration of ordinance above (waiver requested by Steve Naber, City Engineer and Jonathan Gano, Public Works 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, #16,427. Second by Voss. Motion Carried 7-0. 25-0155 54. Amending Chapter 42 of the Municipal Code relating to stormwater management standards for development and redevelopment for grading permits, site plans and plat approvals. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0156 (A) Final consideration of ordinance above (waiver requested by Steve Naber, City Engineer and Jonathan Gano, Public Works 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, #16,428. Second by Voss. Motion Carried 7-0. 25-0157 55. Amending Chapter 18 of the Municipal Code relating to interfering with animals. Moved by Voss that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 25-0158 (A) Final consideration of ordinance above (waiver requested by Scott Sanders, City Manager), requires six votes. Moved by Voss 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, #16,429. Second by Gatto. Motion Carried 7-0. 11 1/27/2025 COMMUNICATIONS/REPORTS 25-0159 56. Requests to speak as follows: Moved by Gatto to receive and file. Direct the City Manager to meet with Iowa Environmental Council to discuss how sustainability will be handled going forward. Second by Westergaard. Motion Carried 7-0. (A) Douglas Lewis (B) David Murrin Von Ebers (C) Andrew James (D) John Waters (E) Susan Houts – Did not speak. (F) Bill Haakinson – Did not speak. (G) John McManus - Did not speak. (H) Holly Craiger - Did not speak. (I) Amy MacKrell - Did not speak. (J) Laurie Wolf (K) Heather Cole - Did not speak. (L) Sarah Green (M) Cody Smith (N) Jim Synder - Did not speak. (O) Allie Raines (P) William Ludwig - Did not speak. (Q) Patricia Prijatel - Did not speak. (R) Bradley Gezel (S) Adam Callanan (T) Sydney Dvorak 25-0160 MOTION TO ADJOURN. Moved by Gatto to adjourn at 7:04 PM. Second by Westergaard. Motion Carried 7-0. 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Agenda

DES MOINES CITY COUNCIL MEETING City Hall, City Council Chambers 400 Robert D. Ray Drive Des Moines, Iowa 50309 January 27, 2025 5:00 PM I. CLOSED SESSION – 4:00 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. (C) Closed Session. (D) Terminate closed session and reconvene in open session. (E) Motion to adjourn. * * * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATION – 4:45 PM Grand View Football Team – NAIA National Champions PROCLAMATION – 4:50 PM Black History Month 1. ROLL CALL: 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: 3. APPROVING CONSENT AGENDA * – items 3 through 44: 1 *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) CAFE MADELEINE 218 6TH AVE #102 Special Class C (B) EL PIRATA 6050 SE 14TH ST Class C Liquor (C) LA PREMIUM MICHAOCANA 1434 DES MOINES ST Special Class C RENEWAL APPLICATIONS (D) APOSTO 644 18TH ST Class C Liquor (E) CASEYS GENERAL STORE #2244 2150 E ARMY POST RD Class B Retail (F) CASH SAVER #33 1320 E EUCLID AVE Class E Liquor (G) CHELSIES COURTYARD DINER 300 W MLK JR PKWY Class C Liquor (H) FLYING MANGO 4345 HICKMAN RD Class C Liquor (I) GIT N GO STORE #18 6501 SE 14TH ST Class B Retail (J) HY VEE #6 420 COURT AVE Class E Liquor (K) HY VEE MARKET GRILLE #6 420 COURT AVE Class C Liquor (L) IOWA TAPROOM 215 E 3RD ST #100 Class C Liquor (M) LA TAPATIA 2 3504 MERLE HAY RD Class B Retail (N) LACRUZ #3 3900 E 14TH ST #1 Class B Retail (O) LIFT 222 4TH ST Class C Liquor (P) MAGGIES RUMBLE ROOM 1430 2ND AVE Class C Liquor (Q) MARIANAS 1305 UNIVERSITY AVE Special Class C (R) PALMERS DELI & MARKET 2843 INGERSOLL AVE Class C Liquor (S) PUEBLO VIEJO 3841 E 14TH ST Class C Liquor (T) QUINTONS BAR & GRILL 506 E GRAND AVE Class C Liquor (U) SNAKE PIT LOUNGE 3100 MCKINLEY AVE Class F Retail (V) TOBACCO OUTLET PLUS #521 3301 E EUCLID AVE Class B Retail (W) VARIED INDUSTRIES BUILDING 3000 E GRAND AVE #53 Special Class C (X) VICKIES 2801 2ND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (Y) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON FEBRUARY 15, 2025. (Z) CAMPBELLS CONCESSIONS 3000 E GRAND AVE 14 days CLASS C LIQUOR LICENSE FOR THE IOWA BEEF EXPO ON FEBRUARY 8 - 16, 2025. 2 (AA) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR HIGH TEA AT THE CASTLE ON FEBRUARY 15, 2025. (BB) YOUR PRIVATE BAR 120 E 5TH ST 5 days CLASS C LIQUOR LICENSE FOR NAVIGATE WELLBEING SOLUTIONS EVENT ON FEBRUARY 5, 2025. 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. 6. City Clerk to approve Device Retailer Permits. 7. City Clerk to issue Coin Operated Machine Licenses. PUBLIC IMPROVEMENTS 8. Ordering construction of the following: (A) SE 8th Street Force Main: Receiving of bids, (2-11-25) and Setting date of hearing, (3- 10-25), Engineer’s estimate, $4,500,000. (Council Communication No. 25-042) (B) E. Euclid Avenue Sidewalk from East of E. 14th Street to Union Pacific Railroad: Receiving of bids, (2-11-25) and Setting date of hearing, (3-10-25), Engineer’s estimate, $275,000. (Council Communication No. 25-043) 9. Designation of lowest responsive, responsible bidder as Minturn, Inc. (Clinton M. Rhoads, President) and approval of contract and bond on SW 1st Street Bridge Park Improvement, $961,268.75. (Council Communication No. 25-041) 10. Acceptance of a proposal from MidAmerican Energy Company to relocate existing overhead utilities crossing 6th Avenue to underground for 6th Avenue Improvements from School Street to University Avenue, estimated at $61,485.51. (Council Communication No. 25-040) 11. Approving Supplemental Agreement No. 2 to the Professional Services Agreement with Bolton & Menk, Inc. for Central Place Levee Trail Phase 1, not to exceed $45,000. (Council Communication No. 25-038) 3 12. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Kirkham Michael & Associates, Inc. for Hamilton Drain Storm Water Improvements, not to exceed $98,500. (Council Communication No. 25-039) 13. Accepting completed construction and approving final payment for the following: (A) 2023 HMA Resurfacing Program Contract 1 – Grimes Asphalt and Paving Corporation. (B) 2023 HMA Resurfacing Program Contract 2 – InRoads, LLC. (C) 2024 HMA Resurfacing Program Contract 2 – OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. (D) E. University Avenue Improvements from E. 14th Street to E. 17th Court - OMG Midwest, Inc. d/b/a Des Moines Asphalt & Paving. SPECIAL ASSESSMENTS 14. Levying Assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2025-01. 15. Deletion of rental inspection assessments at the following: (A) 4205 Park Avenue BLDG 18, 19 and 20. (B) 3721 Washington Avenue. (C) 1225 16th Street. 16. Deletion of NAC – Emergency Assessment at 7301 SW 15th Street. LAND/PROPERTY TRANSACTIONS 17. Approving 272 tax abatement applications for work completed in 2024. (Council Communication No. 25-029) BOARDS/COMMISSIONS/NEIGHBORHOODS 17-I Communication from Cynde Fanter advising of her resignation from the Parks and Recreation Board, Seat 1, effectively immediately. Sponsor: Mayor Boesen. (A) Recommendation from Mayor Boesen to appoint Erin Lowe to Parks and Recreation Board, Seat 1, for a term expiring June 30, 2028. Sponsor: Mayor Boesen. 4 18. Recommending Linda Westergaard as Public Official and Don Corrigan as Community Representative to the Aging Resources of Central Iowa Board of Directors for calendar year 2025. 19. Approving the Primary and Alternate Members to be appointed and serve on the Des Moines Metropolitan Wastewater Reclamation Authority for calendar year 2025. 19-I Authorize and appoint Major David Ness and Superintendent of Technical Services Michele Bischof as the primary members of the Joint 911 Service Board with Bradley Button, Katie McGhee and Fire Marshal Jonathan Lund serving as alternate members. SETTING DATE OF HEARINGS 20. On vacation of surface rights within a portion of 6th Avenue right-of-way adjoining 3612 and 3614 6th Avenue and conveyance of a Permanent Easement for Building Encroachment-Door Swing to 36 on 6th, LLC, $34, (2-10-25). 21. On vacation of surface rights within portions of Indianola Avenue and E. Hillside Avenue right-of-way adjoining 1961 Indianola Avenue and conveyance of a Permanent Easement for Building Encroachment – Door Swing to Optimae LifeServices, Inc., $300, (2-10-25). 22. Number not used. 23. On request from Invest DSM, Inc. (Christopher Civitate, Officer) to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Low Density Residential within a Neighborhood Node to High Density Residential within a Neighborhood Node and to rezone property located in the vicinity of 3610 5th Avenue from “MX1” Mixed Use District to Limited “RX1” Mixed Use District to allow redevelopment of the property for a multiple-household building with up to twelve (12) dwelling units, (2-10-25). 24. On request from Big Deal Investments, LLC (Dylan Book, Officer) to rezone property located at 1424 Army Post Road from “RX1” Mixed Use District to Limited “MX3” Mixed Use District to allow reuse of the property for a “Vehicle Sales and Service – Vehicle Rental” use, (2-10-25). 25. On City initiated request to rename a segment of “Lake Ridge Avenue” to “Sweetwater Drive” located to the east of SE 30th Street between E. Army Post Road to the north and E. Pine Avenue to the south, (2-10-25). 5 LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 26. Approving payment to Madison Henderson. 27. Approving payment to Nick and Lylea Critelli. APPROVING 28. Preliminary award of $400,000 of Home Investment Partnership Program (HOME) funds to Newbury Living for the construction of Newbury Commons at 401 SE 7th Street resulting in 49 affordable housing units. (Council Communication No. 25-034) 29. Preliminary award of $400,000 of Home Investment Partnership Program (HOME) funds to Market District Apartments, LP for the construction of Foundry Lofts at 509 SE 6th Street resulting in 46 affordable housing units. (Council Communication No. 25-035) 30. Preliminary terms of an Urban Renewal Development Agreement with 509 SE 6TH, LLC for the construction of Foundry Lofts, a 46-unit apartment building located at 509 SE 6th Street. (Council Communication No. 25-031) 31. Preliminary terms of an Urban Renewal Development Agreement with Goldfinch Apartments, LP for the construction of a three-story mixed-use redevelopment of 3404- 3422 Ingersoll Avenue. (Council Communication No. 25-033) 32. Proposal from Housing For All for the rehabilitation and redevelopment of 200 Euclid Avenue and authorization to negotiate the disposition and development agreement terms. (Council Communication No. 25-036) 33. Second Amendment to the Urban Renewal Development Agreement with Lawmark, LP for the renovation of the Financial Center building located at 606 and 666 Walnut Street. (Council Communication No. 25-030) 34. Number not used. 6 35. Amendment to Excess Insurance Agreement with Westport Insurance Corporation. 36. Communication from the Greater Des Moines Partnership on behalf of the Iowa Department for the Blind, requesting approval of placement for up to 16 banners to be displayed on banner poles in downtown Des Moines beginning April 1, 2025. 37. Collective bargaining agreement with American Federation of State County and Municipal Employees (AFSCME), Council 61 and its Affiliated Local 3673 for the period July 1, 2025 through June 30, 2030. (Council Communication No. 25-028) 38. Abatement of public nuisances as follows: (A) 2006 E. Grand Avenue. (B) 1801 Franklin Avenue. 39. Extension of an existing agreement for Public Safety Voice Radio Communications System with Motorola Solutions, Inc. (Norbeto Colon, Vice President), not to exceed $2,211,125 for a 7-year period. (Council Communication No. 25-025) 40. Purchase from Safeware Inc. (Edward A. Simons, President) of four (4) portable x-ray systems per State of Iowa Cooperative and Omnia Agreements for use by the Police Department, $254,458.24. (Council Communication No. 25-027) 41. Purchase from Neenah Enterprise Incorporated of manhole and intake castings to repair damaged sewer infrastructure, not to exceed $102,100. (Council Communication No. 25-024) 42. Purchase from Beautiful Lawns by Longs LLC (Brandon Long, Owner) of lawn mowing services for use by the Public Works Department, annual estimated amount $150,000. (Four (4) compliant bids received). 43. Receive and file Quarterly Treasurer’s Report as of December 31, 2024. 7 44. Authorizing Finance Director to draw checks on registers for the weeks of January 27 and February 3, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of January 27 and February 3, 2025; to draw checks for biweekly payroll due on February 7, 2025. * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 45 THRU 51) 45. On conveyance of excess City property located west of 2720 Logan Avenue to Isidro Cuevas Garcia $1,100. 46. On conveyance of vacated alley right-of-way located west of 805 SE 11th Street to YVL Properties LLC, $50. 47. On conveyance of excess City property located at 3770 and 3790 Hubbell Avenue to Casey O’Sheen Smith, $2,000. 48. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by Shannon Lerda, Manager Cordoba Holdings DSM LLC), requires six votes. 49. 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. (A) First consideration of ordinance above. 50. 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. (A) First consideration of ordinance above. (B) Final consideration of ordinance above (waiver requested by applicant), requires six votes. 8 51. 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 (Choose one alternative below): (A) Deny. OR (B) Continue the public hearing until February 10, 2025 and direct the City Manager and Legal Department to prepare the necessary legislation to approve the requested rezoning. (Approval requires six votes due to Plan and Zoning Commission recommending denial and due to opposition of greater than 20% of relevant property owners) *****END HEARINGS AT ________________PM***** ORDINANCES FIRST CONSIDERATION 52. Amending Chapter 135 of the Municipal Code relating to public hearing site plans and the review of Plan and Zoning Commission decisions. 53. Amending Chapter 42 of the Municipal Code relating to stormwater runoff control and grading operations. (Council Communication No. 25-023) (A) Final consideration of ordinance above (waiver requested by Steve Naber, City Engineer and Jonathan Gano, Public Works Director), requires six votes. 54. Amending Chapter 42 of the Municipal Code relating to stormwater management standards for development and redevelopment for grading permits, site plans and plat approvals. (A) Final consideration of ordinance above (waiver requested by Steve Naber, City Engineer and Jonathan Gano, Public Works Director), requires six votes. 55. Amending Chapter 18 of the Municipal Code relating to interfering with animals. (A) Final consideration of ordinance above (waiver requested by Scott Sanders, City Manager), requires six votes. 9 COMMUNICATIONS/REPORTS 56. Requests to speak as follows: (A) Douglas Lewis (B) David Murrin Von Ebers (C) Andrew James (D) John Waters (E) Susan Houts (F) Bill Haakinson (G) John McManus (H) Holly Craiger (I) Amy MacKrell (J) Laurie Wolf (K) Heather Cole (L) Sarah Green (M) Cody Smith (N) Jim Synder (O) Allie Raines (P) William Ludwig (Q) Patricia Prijatel (R) Bradley Gezel (S) Adam Callanan (T) Sydney Dvorak 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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