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 24, 2025 5:00 PM 25-0236 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 25-0237 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0238 3. APPROVING CONSENT AGENDA * – items 3 through 47: 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 2/24/2025  LICENSES AND PERMITS 25-0239 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 4D. NEW APPLICATIONS (A) DES MOINES YACHT CLUB 2617 INGERSOLL AVE Class C Liquor (B) PAVILION 3000 E GRAND AVE Special Class C RENEWAL APPLICATIONS (C) ANNIES IRISH PUB 204 3RD ST Class C Liquor *(D) BARATTAS BLANK PARK ZOO 7401 SW 9TH ST Class C Liquor (E) BELLHOP 440 E GRAND AVE Class C Liquor (F) CENTRAL CITY LIQUOR 1460 2ND AVE Class E Liquor (G) EAST END LIQUOR 3804 HUBBELL AVE Class E Liquor (H) ERNIES BOONDOCK 440 E GRAND AVE Class C Liquor (I) ESCAPE CHAMBERS 338 SW 6TH ST Class C Liquor (J) GATEWAY MARKET MLK 2002 WOODLAND AVE Class C Liquor (K) GIT N GO STORE #28 3274 E UNIVERSITY AVE Class B Retail (L) GOPUFF 1510 OHIO ST Class B Retail (M) H & A MINI MART 5901 FLEUR DR Class E Liquor (N) HAMPTON INN 5001 FLEUR DR Class B Retail (O) HILTON DES MOINES 435 PARK ST Class C Liquor (P) INGERSOLL LIQUOR 3500 INGERSOLL AVE Class E Liquor (Q) LA TAPATIA 2 3504 MERLE HAY RD Class B Retail (R) MACCABEES DELI 1150 POLK BLVD Class B Retail (S) OAK PARK RESTAURANT 3901 INGERSOLL AVE Class C Liquor (T) QUIK TRIP #527 614 UNIVERSITY AVE Class B Retail (U) SIMONS 5800 FRANKLIN AVE Class C Liquor (V) TRUMANS KC PIZZA TAVERN 400 SE 6TH ST Class C Liquor (W) WEST END LOUNGE 2309 FOREST AVE Class C Liquor (X) WILLOW ON GRAND 6011 GRAND AVE Class C Liquor (Y) WOOLYS 504 E LOCUST ST Class C Liquor SPECIAL EVENT APPLICATIONS (Z) ANNIES IRISH PUB 311 COURT AVE 5 days CLASS C LIQUOR LICENSE FOR ST PATTYS DAY BLOCK PARTY ON MARCH 17, 2025. (AA) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON MARCH 8, 2025. 2 2/24/2025  (BB) DES MOINES ARTS FESTIVAL 120 E 5TH ST 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR REVEAL EVENT ON MARCH 6, 2025. 25-0240 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 6-1. Nays: Voss. 25-0241 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0242 7. City Clerk to approve Device Retailer Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. PUBLIC IMPROVEMENTS 8. Approving Professional Services Agreements related to the Des Moines Stormwater Master Plan implementation: (Council Communication No. 25-073) 25-0243 (A) Howard R. Green, Inc. for the 50th Street and Douglas Avenue Drainage Study and Preliminary Design, not to exceed $150,000. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0244 (B) HDR, Inc. for the George Flagg Parkway and Bell Avenue Drainage Study and Preliminary Design, not to exceed $180,000. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0245 (C) Strand Associates, Inc. for the Merle Hay Road and Douglas Avenue Drainage Study and Preliminary Design, not to exceed $182,100. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0246 9. Approving Supplemental Agreement No. 7 to the Professional Services Agreement with Kirkham Michael & Associates, Inc. for additional design services for the Southeast Connector – SE 30th Street to U.S. 65, not to exceed $5,328,000. (Council Communication No. 25-072) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0247 10. Approving Change Order No. 1 with Grimes Asphalt and Paving Corporation for additional work on 2024 HMA Resurfacing Program Contract 1, $377,680.97. (Council Communication No. 25-074) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0248 11. Approving and adopting the Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual, 2025 Edition; SUDAS Standard Specifications, 2025 Edition; and the City of Des Moines General Supplemental Specifications to the SUDAS Standard Specifications, 2025 Edition, as the official design standards and standard specifications and supplemental specifications for the City of Des Moines. (Council Communication No. 25-079) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 3 2/24/2025  12. Accepting completed construction and approving final payment for the following: 25-0249 (A) 2024 HMA Rural Paving Program – LOSST, Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0250 (B) Levee Trail Reconstruction from North Valley Drive to 63rd Street, Caliber Concrete, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0251 (C) 2023 HMA Residential Paving Program Contract 1 – LOSST, Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7- 0. 25-0252 (D) Woodland Cemetery Retaining Wall Replacement, Miner Hardscape, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 25-0253 13. Levying Assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2025-02. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0254 14. Deletion of rental inspection assessment at 2023 40 th Place. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 15. Deletion of NAC – Emergency Assessment at the following: 25-0255 (A) 4215 Hubbell Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0256 (B) 1235 5th Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 25-0257 16. Approving 155 tax abatement applications for work completed in 2024. (Council Communication No. 25-068) 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 17. Number not used. 25-0258 18. Recommendation from Mayor Boesen to appoint Andy McCoy to the Transportation Safety Committee, Seat 8, for a term expiring December 31, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 2/24/2025  COMMUNICATIONS FROM PLANNING AND ZONING 25-0259 19. Regarding request from Pamela Delaney (Owner) for review and approval of a Preliminary Plat “Delaney Acres Plat 1” on 15.49 acres of property in the vicinity of 4789 NE 33rd Court in unincorporated Polk County within the two-mile distance for extraterritorial review of subdivision plats by the City of Des Moines, to allow the property to be subdivided into two (2) buildable lots and two (2) outlots. Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS 25-0260 20. On conveyance of vacated alley right-of-way adjoining 926 40th Place and 925 41st Street to Capital Homes II, LLC d/b/a Cutler Construction Company and Cindy L. Fitch and Paul E. Finch, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0261 21. On conveyance of Flood Protection Levee Easements for relocation of a portion of the Southeast Des Moines Levee system, as required by the Southeast Connector – SE 30th Street to U.S. Highway 65 Project, to the United States of America, acting by and through the Secretary of the Army, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0262 22. On conveyance of approximately 180 feet of the vacated north-south alley right-of-way extending south from Carpenter Avenue between 24th Street and 25th Street to Valo DSM LLC for $25,300 and acceptance of a Permanent Easement for Public Ingress and Egress, (3- 10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0263 23. On conveyance of City-owned property at 913 Douglas Avenue to Home Opportunities Made Easy, Incorporated for redevelopment of housing, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0264 24. On a license agreement with Capital City Pride-Des Moines for use of a portion of street right-of-way at E. Grand Avenue and E. 5th Street for a temporary art installation, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0265 25. On request from the Italian-American Cultural Center of Iowa (Jeffrey M. Lamberti, Officer) regarding property located at 2633 Fleur Drive to amend the PlanDSM: Creating Our Tomorrow Comprehensive Plan to revise the future land use classification for portions of the property from Neighborhood Mixed Use and Low Density Residential to Neighborhood Mixed Use, and for approval of the 5th Amendment to the Butler Mansion PUD (Planned Unit Development) Conceptual Plan to allow a cultural and events center use with building modifications, a new building and other site modifications, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 2/24/2025 25-0266 26. On request from Grace Methodist Church (Clint Martin, Officer) to rezone 1070 37th Street from “P2” Public, Civic and Institutional District to “N5” Neighborhood District to allow the property to be subdivided from the church property for use as a one-household residence, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0267 27. On request from PPDSM, LLC (Adam Sieren, Officer) to rezone 2005 SW 9th Street from “N5” Neighborhood District to Limited “N5-2” Neighborhood District to allow reuse of the existing structure for two-household residential dwelling (duplex), (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0268 28. To receive oral or written testimony from any resident or property owner of Des Moines on the proposed property tax amount for fiscal year 2026, (3-24-25, 7:30 AM). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0269 29. On 2024 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER), (3-24-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0270 30. On a least cost agreement with Housby Mack, Inc. to replace refuse truck fleet every two years for four years, not to exceed $2,000,000, (3-10-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0271 31. Authorizing and directing the City Manager and City Attorney to execute an agreement in a matter related to litigation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 25-0272 32. Emergency Solutions Grant (ESG) Rapid Unsheltered Survivor Housing (RUSH) Grant agreement with the U.S. Department of Housing and Urban Development (HUD). (Council Communication No. 25-065) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0273 33. Reprogramming of prior year’s unspent Community Development Block Grant (CDBG) Funds. (Council Communication No. 25-066) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0274 34. 28E Agreement with the City of West Des Moines, Polk County and Home Opportunities Made Easy, Incorporated for provision of services to establish a community land trust. (Council Communication No. 25-082) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0275 35. Polk County Multi-Jurisdictional Local Hazard Mitigation Plan. (Council Communication No. 25-067) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 2/24/2025 25-0276 36. First Amendment to Parking Lease Agreement with Principal Life Insurance Company. (Council Communication No. 25-081) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0277 37. Submittal of an application for funding to the 2026 Governor's Traffic Safety Bureau (GTSB) Law Enforcement Highway Safety Grant Program. (Council Communication No. 25-063) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0278 38. Intergovernmental 28E Agreement with the Iowa Department of Revenue for providing and funding alcoholic beverage enforcement. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0279 39. 2024 Certified Local Government (CLG) Annual Report and authorization for Mayor’s signature for submittal to the Iowa Department of Cultural Affairs. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0280 40. Communication from the Greater Des Moines Partnership on behalf of the Downtown Farmers Market, requesting approval of placement for up to 30 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. 41. Abatement of public nuisances as follows: 25-0281 (A) 816 E. 28th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0282 (B) 2432 Maple Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0283 (C) 4125 Knob Hill. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0284 (D) 3001 Dean Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0285 (E) 4221 SE 14th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0286 (F) 2825 SE 14th Street, Unit 28. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0287 (G) 2825 Se 14th Street, Unit 49. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0288 (H) 2825 Se 14th Street, Unit 65. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 42. Release of fire escrow at the following locations: 25-0289 (A) 1458 E. 18th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0290 (B) 1540 32nd Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0291 43. Purchase from Ennis-Flint Inc. of traffic paint per IDOT contract for use by the Traffic & Transportation Department, $125,000. (Council Communication No. 25-071) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 7 2/24/2025 25-0292 44. Purchase from Stew Hansen Dodge City (Dan Boettcher, General Manager) of auto body repair services per State of Iowa Master Agreement for use by various departments for an additional $150,000 for fiscal year 2025 and authorizing renewal agreement for fiscal year 2026. (Council Communication No. 25-080) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. WITHDRAWN 25-0293 45. Promotional appointment of an Assistant City Attorney to a Deputy City Attorney to fill a vacancy created by retirement within the infrastructure division of the Legal Department effective no later than April 1, 2025 and the appointment of Thomas G. Fisher Jr. effective no later than July 1, 2025 as Chief Deputy City Attorney to fill a vacancy created by retirement. 25-0294 46. Authorizing Finance Director to draw checks on registers for the weeks of February 24 and March 3, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of February 24 and March 3, 2025; to draw checks for biweekly payroll due on March 7, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. ORDINANCES - SECOND CONSIDERATION 25-0295 47. On proposed connection fee ordinance for East Army Post Road and Indianola Avenue Trunk Sanitary Sewer System Benefited District. Moved by Gatto that this ordinance be considered and given second vote for passage. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 48 THRU 53) 25-0296 48. Dismiss hearing 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. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0297 49. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 8 2/24/2025 25-0298 50. On 2025 Sewer Lining Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Hydro-Klean, LLC (Wade Anderson, President), $3,399,004.54 (Council Communication No. 25-076) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0299 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0300 51. On East Army Post Road Trunk Sanitary Sewer from SE 14th Street to Three Lakes Estates: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as S. M. Hentges & Sons Inc. (Steven M. Hentges, President), $4,321,000. (Council Communication No. 25-075) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0301 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0302 52. On Hamilton Drain Storm Water Improvements Phase 4: 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), $2,198,439.07. (Council Communication No. 25-077) Moved by Westergaard to adopt. Second by Simonson. Motion Carried 7-0. 25-0303 (A) Approval of contract and bond. Moved by Westergaard to adopt. Second by Simonson. Motion Carried 7-0. 25-0304 53. On Porter Avenue Improvements from SW 9th Street to South Union Street: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as TK Concrete, Inc. (Tony J. Ver Meer, President), $600,764. (Council Communication No. 25-078) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0305 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. *****END HEARINGS AT 5:09 PM***** 9 2/24/2025  ORDINANCES FIRST CONSIDERATION 25-0306 54. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 25-069) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. (A) Parking Modification – 39th Street between Ingersoll Avenue and Woodland Avenue. (B) Parking Modification – Intersection of SW 28th Street/Gannett Avenue and Gannett Avenue/Rittenhouse Street. (C) Parking Modification – Grand Avenue between 2nd Avenue and the Grand Avenue bridge. (D) Code Correction – E. Edison Avenue between South Union and SE 2nd Street. (E) Code Correction – E. 22nd Street and Milton Avenue. (F) Code Correction – Littell Avenue between Fleur Drive and Army Post Road. (G) Corner Clearance Parking Restrictions: (1) E. 22nd Street and Ankeny Avenue. (2) E. 29th Street and Lyon Street. (3) E. 30th Street and Kinsey Avenue. 25-0307 (H) 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, #16,437. Second by Voss. Motion Carried 7-0. 25-0308 55. Amending Chapter 114 of the Municipal Code relating to monthly parking rates for the 1200 Mulberry City parking garage. (Council Communication No. 25-070) Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. 25-0309 (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, #16,438. Second by Mandelbaum. Motion Carried 7-0. COUNCIL REQUESTS 25-0310 56. Direction to the City Manager and City Attorney regarding potential franchise fee increase. Moved by Mandelbaum to adopt. Second by Simonson. Motion Carried 7-0. 10 2/24/2025  COMMUNICATIONS/REPORTS 25-0311 57. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. (A) Kellie Midgorden – Did not speak. (B) Chris Felice (C) Carolyn Uhlenhake-Walker (D) Adam Callanan (E) Carmen Morck (F) Garland F Armstrong (G) George McKeever (H) Jacqueline Stolz (I) Carol Maher 25-0312 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:38 PM. Second by Mandelbaum. Motion Carried 7-0. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 11 2/24/2025