City Council

*** 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 February 10, 2025 5:00 PM SPECIAL PRESENTATION – 4:45 PM Prairie Meadows/Polk County Check Presentation 25-0161 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. Council Member Mandelbaum participated in the meeting by telephone. 25-0162 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0163 3. APPROVING CONSENT AGENDA * – items 3 through 37: 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. 1 2/10/2025  LICENSES AND PERMITS 25-0164 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. Council Member Gatto declares a conflict of interest and abstains from voting on item 4F. NEW APPLICATIONS (A) FIVE STARZ RESTAURANT 1951 INDIANOLA AVE Class C Liquor (B) LA PREMIUM MICHAOCANA 1434 DES MOINES ST Special Class C (C) LACHELES FINE FOODS 3619 6TH AVE Class C Liquor (D) LACHELES FINE FOODS 2716 INGERSOLL AVE Class C Liquor (E) MERLE HAY LIQUOR & SMOKE 3408 MERLE HAY RD Class E Liquor RENEWAL APPLICATIONS *(F) CAFE BARATTAS 600 E LOCUST ST Class C Liquor (G) CASEYS STORE #3518 1907 ARMY POST RD Class E Liquor (H) CASH SAVER #34 4121 FLEUR DR Class E Liquor (I) DES MOINES BIERGARTEN 2251 GEORGE FLAGG Special Class C (J) DISTRICT 212 4TH ST Class C Liquor (K) EL TOREADO MEXICAN BAR 4521 FLEUR DR Class C Liquor (L) GIT N GO STORE #23 2930 HICKMAN RD Class B Retail (M) INDIA STAR 5514 DOUGLAS AVE Special Class C (N) LACHELES FINE FOODS 2716 INGERSOLL AVE Class C Liquor (O) TUPELO HONEY HOSPITALITY 665 GRAND AVE Class C Liquor SPECIAL EVENT APPLICATIONS (P) APRES BAR CO 100 LOCUST ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON FEBRUARY 22, 2025. (Q) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR LOVE LETTERS - READERS THEATRE ON FEBRUARY 22, 2025. OUTDOOR SERVICE APPLICATION (R) CAPTAIN ROYS 1900 SAYLOR RD Class C Liquor TEMPORARY FOR SHIVER ON THE RIVER ON FEBRUARY 15, 2025. 25-0165 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Voss. 25-0166 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0167 7. City Clerk to approve Device Retailer Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 2 2/10/2025  PUBLIC IMPROVEMENTS 8. Ordering construction of the following: 25-0168 (A) 2025 Sidewalk and Pedestrian Ramp Replacement Program: Receiving of bids, (2-25- 25) and Setting date of hearing, (3-10-25), Engineer’s estimate, $436,000. (Council Communication No. 25-056) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0169 (B) E. 33rd Street from University Avenue to Easton Boulevard Improvements: Receiving of bids, (2-25-25) and Setting date of hearing, (3-24-25), Engineer’s estimate, $825,000. (Council Communication No. 25-057) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0170 9. Approving Supplemental Agreement No. 3 to the Professional Services Agreement with Barr Engineering Company for professional services for George Flagg Parkway and Fleur Drive Floodgate Closure, not to exceed $227,500. (Council Communication No. 25-052) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0171 10. Approving Private Construction Contract between McAninch Corporation and HOA Aston LLC for storm sewer improvements in 603 E. 6th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 11. Accepting completed construction and approving final payment for the following: 25-0172 (A) 2022 Midblock Pedestrian Signal Improvements – Ti-Zack Concrete, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0173 (B) Easter Lake Drive Sidewalk from Indianola Avenue to Easter Lake Park – TK Concrete, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0174 (C) Indianola Avenue Reconstruction – E. Army Post Road to U.S. HWY 69 – Absolute Concrete Construction, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 3 2/10/2025  SPECIAL ASSESSMENTS 25-0175 12. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2025-02. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 13. Deletion of NAC – Emergency Assessments at the following: 25-0176 (A) 3603 Valdez Drive. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0177 (B) 2611 Park Place. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0178 14. Deletion of rental inspection assessment at 4205 Park Avenue BLDG 21 and 22. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 25-0179 15. Approval of final subdivision plat for Matilda Plat 1 located in the vicinity of 1201 Center Street. (Council Communication No. 25-059) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 25-0180 16. Approving appointments of Primary and Alternate Members to the Metro Waste Authority (MWA) for Calendar Year 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0181 17. Receive and file communication from Scott Bents advising of his resignation from the Transportation Safety Committee, Seat 1, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Voss. Motion Carried 7-0. 25-0182 18. Receive and file communication from Joseph Nolte advising of his resignation from the Greater Des Moines Sister Cities Commission, Seat 14, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for his service. Second by Voss. Motion Carried 7-0. 4 2/10/2025  SETTING DATE OF HEARINGS 25-0183 19. On vacation of air rights within a portion of 41st Street right-of-way adjoining 4109 University Avenue and conveyance of a Permanent Easement for Air Space Above City- owned Property to Uptown Partners Corp. for $2,041, (2-24-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0184 20. On approval of a lease agreement with Riley Drive Entertainment XIII, Inc. d/b/a Tonic Bar Des Moines for a portion of the vacated north/south alley right-of-way adjoining 210 Court Avenue for use as a sidewalk café, (2-24-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0185 21. Approving payment to Jacob Dodson for a workers’ compensation claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0186 22. Approving payment to Anthony Morrison for a workers’ compensation claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0187 23. Approving payment to Andrey Rodygin for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 25-0188 24. Preliminary award of $1,000,000 of HOME Investment Partnership Program, as authorized under the American Rescue Plan (HOME-ARP) to Starts Right Here for the construction of STAY at 525 E. 9th Street. (Council Communication No. 25-051) Moved by Voss to adopt. Second by Gatto. Motion Carried 6-0. Council Member Simonson declares a conflict of interest and abstains from voting. 25-0189 25. Preliminary terms of an Urban Renewal Development Agreement with Newbury Management Company and Newbury Commons Associates, LP for the construction of Newbury Commons, a 49-unit apartment building located at 401 SE 7th Street. (Council Communication No. 25-061) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 26. Second Amendments to Urban Renewal Development Agreements with Hilltop Housing, LLC allowing for an extension of time for completion of improvements in the vicinity of 3600 Hubbell Avenue for the following: (Council Communication No. 25-060) 25-0190 (A) Hilltop III Housing. Moved by Gatto to adopt. Second by Voss. Motion Carried 6- 0. Council Member Simonson declares a conflict of interest and abstains from voting. 5 2/10/2025 25-0191 (B) Hilltop IV Housing. Moved by Gatto to adopt. Second by Voss. Motion Carried 6- 0. Council Member Simonson declares a conflict of interest and abstains from voting. 25-0192 27. Issuance of Certificate of Completion for Bridge District Level Phase 2 Metro Center Urban Renewal Project located in the 300 block of Maple Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0193 28. Submitting applications for funding through the 2025 Homeland Security Grant Program in support of the statewide Weapons of Mass Destruction (WMD)/SWAT Task Force, the statewide Explosive Ordnance Detection (EOD) Task Force, and the Securing of Crowded Places project. (Council Communication No. 25-049) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0194 29. Communication from the Greater Des Moines Partnership on behalf of the Iowa State University’s Ivy College of Business requesting approval of placement for up to 25 banners to be displayed on banner poles in downtown Des Moines beginning March 1, 2025. Moved by Gatto to receive, file and approve. Second by Voss. Motion Carried 7-0. 30. Abatement of public nuisances as follows: 25-0195 (A) 2153 Capitol Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0196 (B) 2202 SE 7th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0197 31. Purchase of police emergency vehicle equipment per the State of Iowa Contracts and NASPO ValuePoint Agreement from Whelen through its authorized distributor Keltek Inc. a division of Rayser Holdings Inc. (Michelle Jensen, President and CEO), $219,452.27. (Council Communication No. 25-048) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0198 32. Purchase of cardio and weight equipment for Des Moines North Side Community Recreation Center from Precor Inc. d/b/a Push Pedal Pull (Martin Bruder, President) per Sourcewell Contract and authorizing negotiation and execution of Supplemental Agreement with Precor Inc., $112,144. (Council Communication No. 25-044) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0199 33. Authorizing renewable agreements for mowing, trimming and litter removal services from various lawn care providers to be used by the Parks and Recreation Department, total estimated annual amount $1,179,046. (Eighteen (18) potential bidders, four (4) received). (Council Communication No. 25-047) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 2/10/2025 25-0200 34. Purchase from MHC Kenworth Waco (Steve Ellington, Vice President Texas Region and Zach Coulter, MHC Kenworth-Waco Branch Manager) of one (1) replacement Kenworth chassis with a 22-ton boom crane per Sourcewell Contract for use by the Public Works Department, $348,461.62. (Council Communication No. 25-046) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0201 35. Purchase from Patriot Critical Power, LLC (Markus Pitts, Owner) of generator maintenance services for use by the City Manager’s Office, total annual estimated amount $150,000. (Three (3) compliant bids received). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0202 36. Purchase from Ziegler Caterpillar (Chris Culbertson, Branch Operations Manager) of one (1) replacement compact track loader per Sourcewell Contract for use by the Public Works Department, $109,713.18. (Council Communication No. 25-045) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0203 37. Authorizing Finance Director to draw checks on registers for the weeks of February 10 and 17, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of February 10 and 17, 2025; to draw checks for biweekly payroll due on February 21, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 38 THRU 47) 25-0204 38. 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. Moved by Westergaard to adopt. Second by Gatto. Motion Carried 7-0. 25-0205 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 25-0206 (B) Final consideration of ordinance above (waiver requested by Tim Bratvold, Manager), 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, #16,430. Second by Gatto. Motion Carried 7-0. 25-0207 39. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 7 2/10/2025 25-0208 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0209 (B) Final consideration of ordinance above (waiver requested by William Dodds, Chair of the Board of 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, #16,431. Second by Voss. Motion Carried 7-0. 25-0210 40. 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. Moved by Westergaard to adopt. Second by Voss. Motion Carried 7-0. 25-0211 (A) First consideration of ordinance above. Moved by Westergaard that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0212 (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, #16,432. Second by Voss. Motion Carried 7-0. 25-0213 41. 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0214 (A) First consideration of ordinance above. Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0215 (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, #16,433. Second by Voss. Motion Carried 7-0. 8 2/10/2025 25-0216 42. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0217 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0218 (B) 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, #16,434. Second by Voss. Motion Carried 7-0. 25-0219 43. On proposed connection fee ordinance for East Army Post Road and Indianola Avenue Trunk Sanitary Sewer System Benefited District. (Council Communication No. 25-062) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0220 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 25-0221 44. 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 Limited “NX2” Neighborhood Mix District to allow the redevelopment of the property for rowhome buildings. (Council Communication No. 25-050) Moved by Voss to adopt. Second by Gatto. Motion Carried 7-0. 25-0222 (A) First consideration of ordinance above. Moved by Voss that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 25-0223 (B) Final consideration of ordinance above (waiver requested by applicant), 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, #16,435. Second by Gatto. Motion Carried 7-0. 25-0224 45. On 2025 Traffic Signal Replacement Contract 1: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Van Maanen Electric, Inc. (Nathan Van Maanen, President), $719,946.70. (Council Communication No. 25-055) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 9 2/10/2025 25-0225 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0226 46. On Southeast Connector from SE 30th Street to US 65: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as C.J. Moyna & Sons, LLC (John P. Moyna, President) and Progressive Structures, LLC (Travis Augustyn, President), A Joint Venture, $58,999,314.12. (Council Communication No. 25-053) Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 25-0227 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 7-0. 25-0228 47. On SW 9th Street Viaduct Rehabilitation: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Jasper Construction Services, Inc. (Cliff Rhoads, President), $2,065,841.95. (Council Communication No. 25-054) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 25-0229 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. *****END HEARINGS AT 5:55 PM***** APPROVING II 25-0230 48. Review of Zoning Board of Adjustment decision conditionally granting a Use Variance for an “Office: Business or Professional” use within an “F” Flood District on property at 414 61st Street. (Council Communication No. 25-058) Moved by Mandelbaum 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 Gatto. Motion Carried 7-0. ORDINANCES FIRST CONSIDERATION 25-0231 49. Amending Section 114-485.12 of the Municipal Code relating to the City’s impound and preservation fee. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. 10 2/10/2025 25-0232 (A) Final consideration of ordinance above (waiver requested by Police Chief Michael McTaggart), 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, #16,436. Second by Voss. Motion Carried 7-0. 25-0233 (B) Amending the schedule of fees by repealing the Impound & Preservation Fee for vehicles impounded by the City. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. COMMUNICATIONS/REPORTS 25-0234 50. Requests to speak as follows: Moved by Gatto to receive and file, and direct the City Manager to look into traffic around E. University Avenue and E. 22 nd Ct. and City policies regarding Development Agreements. Second by Westergaard. Motion Carried 7-0. (A) Nicholas King (B) Jenny King (C) Kellie Midgorden (D) Laurie Wolf (E) Karla Damken (F) Andy Roberts (G) Felicia Hilton (H) Giada Morresi (I) Abby Bankes 25-0235 MOTION TO ADJOURN. Moved by Gatto to adjourn at 6:24 P.M. Second by Voss. Motion Carried 7-0. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 11 2/10/2025