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 March 24, 2025 5:00 PM PROCLAMATION – 4:50 PM Women’s History Month 25-0406 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 25-0407 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Voss to reschedule item 48 to the April 7, 2025 meeting and adopt. Second by Simonson. Motion Carried 7-0. 25-0408 3. APPROVING CONSENT AGENDA * – items 3 through 39: Moved by Gatto to adopt the balance of the Consent Agenda. Second by Coleman. 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 3/24/2025  LICENSES AND PERMITS 25-0409 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. NEW APPLICATIONS (A) DAVIS BALL PARK 4980 E 46TH ST Special Class C (B) PRIIME SPOT 2355 E UNIVERSITY AVE Class B Liquor (C) SUNRISE TAP 4155 EASTON BLVD Class C Liquor RENEWAL APPLICATIONS (D) 4H BUILDING 3000 E GRAND AVE Class C Liquor (E) BEST TRIP 1516 SE 1ST ST Class E Liquor (F) BIG DOG BILLIARDS 4510 E 14TH ST Class C Liquor (G) BLISS NAILS & BAR 208 4TH ST Class C Liquor (H) CHICAGO SPEAKEASY 1520 EUCLID AVE Class C Liquor (I) DOLLAR GENERAL #21816 604 LOCUST ST #101 Class B Retail (J) EATARY/A 2932 INGERSOLL AVE Class C Liquor (K) GIT N GO STORE #10 816 E EUCLID AVE Class B Retail (L) HARBINGER 2724 INGERSOLL AVE Class C Liquor (M) HY VEE FOOD STORE #3 3221 SE 14TH ST Class E Liquor (N) JOHNNYS ITALIAN 6800 FLEUR DR Class C Liquor (O) KUNG FU TAP & TACO 210 INDIANOLA RD Class C Liquor (P) LDS CORNER 344 E JACKSON AVE Class C Liquor (Q) LEFTYS LIVE MUSIC 2307 UNIVERSITY AVE Class C Liquor (R) NEW ORIENTAL FOOD 515 E GRAND AVE Class B Retail (S) NOAHS ARK 2400 INGERSOLL AVE Class C Liquor (T) NUT POB RESTAURANT 3322 INDIANOLA AVE Special Class C (U) OASIS 1401 BUCHANAN ST Class E Liquor (V) OVATIONS FOOD 233 CENTER ST Class C Liquor SPECIAL EVENT APPLICATION (W) YOUR PRIVATE BAR 120 E 5TH ST 14 days CLASS C LIQUOR LICENSE FOR EVENTS ON MARCH 25 THROUGH APRIL 7, 2025. TRANSFER TO NEW LOCATION (X) APRILS SUNRISE TAP 4155 EASTON BLVD Class C Liquor PERMANENT TO 3801 EASTON BLVD 25-0410 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Westergaard. Motion Carried 5-2. Nays: Coleman and Voss. 25-0411 6. City Clerk to issue Coin Operated Machine Licenses. Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-1. Nays: Coleman. 2 3/24/2025 25-0412 7. City Clerk to approve Device Retailer Permits. Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-1. Nays: Coleman. PUBLIC IMPROVEMENTS 8. Ordering construction of the following: 25-0413 (A) Fleur Drive Rehabilitation from George Flagg Pkwy to W. Martin Luther King Jr Pkwy: Receiving of bids, (4-8-25) and Setting date of hearing, (5-5-25), Engineer’s estimate, $950,000. (Council Communication No. 25-110) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0414 (B) Gray’s Lake Park Sprayground: Receiving of bids, (4-22-25) and Setting date of hearing, (5-19-25), Engineer’s estimate, $2,400,000. (Council Communication No. 25- 111) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0415 9. Approving and authorizing the execution of the Cooperative Agreement between the Iowa Department of Transportation (IDOT) and the City of Des Moines for the 19 th Street from Cottage Grove Avenue to Washington Avenue Street Improvement project. (Council Communication No. 25-121) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0416 10. Acceptance of proposal from MidAmerican Energy Company to install streetlights for McKinley Avenue Reconstruction from South Union Street to SW 9th Street, estimated cost $134,507.27. (Council Communication No. 25-124) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0417 11. Approving Supplemental Agreement No.1 to the Professional Services Agreement with McClure Engineering Company for Euclid Avenue 3-Lane Conversion (2nd Avenue to Des Moines River Bridge), not to exceed $105,820. (Council Communication No. 25-122) Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-1. Nays: Coleman. 25-0418 12. Approving Supplemental Agreement No.1 to the Professional Services Agreement with Veenstra & Kimm, Inc. for Market District Stormwater Improvements, not to exceed $149,500. (Council Communication No. 25-123) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 13. Approving completion and acceptance of Private Construction Contracts for the following: 25-0419 (A) Paving Improvements at South Union Elementary, between TK Concrete, Inc. and Des Moines Independent Community School District. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 3 3/24/2025 25-0420 (B) Sanitary and Storm Sewer Improvements at Stanton Ridge Plat 1, between Evolution Contracting, LLC and KEC Investments, LLC. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0421 (C) Sanitary Sewer Improvements at Gray’s Station Plat 5, between McAninch Corporation and HRC NFS I, LLC. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0422 (D) Storm Sewer Improvements at Gray’s Station Plat 5, between McAninch Corporation and HRC NFS I, LLC. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0423 14. Accepting completed construction and approving final payment for 2023 City-wide PCC Pavement Patching Program – TK Concrete, Inc. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. SPECIAL ASSESSMENTS 25-0424 15. Levying Assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2025-03. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 16. Levying Assessments for costs of Public Works Sewer Repairs at the following: 25-0425 (A) 2115 Drake Park Avenue, Schedule No. 2025-01. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0426 (B) 803 Oak Park Avenue, Schedule No. 2025-02. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. LAND/PROPERTY TRANSACTIONS 25-0427 17. Authorization to proceed with acquisition of the necessary property interests for the Ingersoll Avenue Improvements from 31 st Street to 35th Street project. (Council Communication No. 25-107) Moved by Gatto to adopt. Second by Coleman. Motion Carried 6-1. Nays: Coleman. 25-0428 18. Authorization to proceed with acquisition of the necessary property interests for the Douglas Avenue Improvements from Merle Hay Road to Martin Luther King, Jr. Parkway project. (Council Communication No. 25-106) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 4 3/24/2025  BOARDS/COMMISSIONS/NEIGHBORHOODS 25-0429 19. Approve merger of the Highland Park Neighborhood Association and Oak Park Neighbors in accordance with the Neighborhood Recognition Policy. (Council Communication No. 25-118) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0430 20. Communication from Joanne May advising of her resignation from the Housing Appeals Board, Seat 5, effective immediately. Moved by Gatto to receive, file and accept resignation with appreciation for her service. Second by Coleman. Motion Carried 7-0. SETTING DATE OF HEARINGS 25-0431 21. On vacation of a portion of the north/south alley right-of-way located in the block bounded by SE 5th Street to the west, Pioneer Road to the south and Hartford Avenue to the north, and conveyance to adjoining property owners for $150, (4-7-25). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0432 22. On vacation of subsurface and surface rights within portions of Mulberry Street right-of-way adjoining 1435 Mulberry Street and conveyance of a Permanent Easement for Subsurface Building Encroachment on City-owned Property and a Permanent Easement for Building Encroachment - Door Swing to 1435 Mulberry LLC for $14,750, (4-7-25). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. WITHDRAWN 25-0433 23. On conveyance of vacated alley right-of-way adjoining 1014 Virginia Avenue to Home Opportunities Made Easy, Inc. d/b/a H.O.M.E., Inc. and Wesley A. Kirscher for $100, (4-7- 25). 25-0434 24. On request from Helena Industries LLC (Tony DiBeneditto, Officer) regarding property located in the vicinity of 3523 Vandalia Road to rezone the property from “EX” Mixed Use District to “I2” Industrial District to allow a Fabrication and Production use with accessory outdoor storage of trucks and trailers, (4-7-25). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25. Setting date of hearing on items regarding the budget, (4-7-25): (Council Communication No. 25-113) 25-0435 (A) Adoption of the Capital Improvement Program (CIP) for fiscal year (FY) 2025-26 through FY 2028-29. Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 7-0. 25-0436 (B) On amendment to the annual budget for current fiscal year ending June 30, 2025. Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 7-0. 5 3/24/2025 25-0437 (C) On proposed budget for the fiscal year ending June 30, 2026. Moved by Mandelbaum to adopt and refer to the City Manager for best recommendation to get to approximately 40% of past budget for sustainability. Second by Coleman. Motion Carried 7-0. 25-0438 26. On request by petition for designation of the Ulysses S. Grant School located at 1031 23rd Street as a Local Landmark named “Ulysses S. Grant School”, (4-7-25). Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0439 27. On the proposed Fourth Amendment to the Urban Renewal Plan for the Oak Park-Highland Park Urban Renewal Area, (4-21-25). (Council Communication No. 25-132) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0440 28. On the proposed Seventh Amendment to the Urban Renewal Plan for the Southside Economic Development District Urban Renewal Area, (4-21-25). (Council Communication No. 25-131) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0441 29. On the proposed Sixteenth Amendment to the Urban Renewal Plan for the SE AgriBusiness Urban Renewal Area, (4-21-25). (Council Communication No. 25-130) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0442 30. On the proposed 36th Amendment to the Urban Renewal Plan for the Metro Center Urban Renewal Area, (4-21-25). (Council Communication No. 25-129) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0443 31. Approving payment to State Farm as subrogee of Scott Wiegman for a property damage claim. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. CITY MANAGER COMMUNICATIONS 25-0444 32. Submitting travel and training requests for Mayor Connie Boesen and Joe Gatto. (Council Communication No. 25-128) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. APPROVING 25-0445 33. HOME Investment Partnership Program American Rescue Plan (HOME-ARP) Agreement with Greater Des Moines Supportive Housing for $1,250,000 and $1,250,000 of Community Development Block Grant (CDBG) funds for the acquisition and rehabilitation of the Greater Des Moines Supportive Housing Campus at 1050 6th Avenue. (Council Communication No. 25-117) Moved by Coleman to adopt. Second by Mandelbaum. Motion Carried 7-0. 6 3/24/2025 25-0446 34. Ratification of the National Park Service (NPS) Land and Water Conservation Fund (LWCF) grant application by the Parks and Recreation Department seeking $250,000 for Martin Luther King Jr. Park Playground Improvements Project. (Council Communication No. 25- 125) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0447 35. BRAVO GC25 Public Art Grant Agreement with Bravo Greater Des Moines for $22,750 of grant funding for Pioneer Columbus Community Recreation Center (CRC) Mural Project. (Council Communication No. 25-126) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0448 35-I Admission of the City of Norwalk as a party to the Intergovernmental Agreement for the Promotion or Tourism and Convention Activities in the Greater Des Moines Area. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0449 36. Amendment to the PlanDSM Creating Our Tomorrow Comprehensive Plan to adopt revitalization plans for the Union Park Neighborhood and the North of Grand and Woodland Heights Neighborhood Special Investment Districts (SIDs) as elements. (Council Communication No. 25-115) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0450 37. Proclaiming Trick or Treat night to be on Halloween Night, October 31, in the City of Des Moines. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 25-0451 38. Purchase from local vendor Foster Coach Sales, Inc. (Steve Foster, President) of seven (7) Type 1 ambulances per Sourcewell Cooperative Agreement for use by the Fire Department, and authorizing negotiation and execution of Supplemental Agreement with REV Group, Inc. d/b/a Horton Emergency Vehicles, $3,011,372. (Council Communication No. 25-114) Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. 25-0452 39. Authorizing Finance Director to draw checks on registers for the weeks of March 24 and 31, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of March 24 and 31, 2025; to draw checks for biweekly payroll due on April 4, 2025. Moved by Gatto to adopt. Second by Coleman. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 PM) (ITEMS 40 THRU 47) 25-0453 40. On vacation of the north/south alley right-of-way adjoining 401 SE 7th Street and conveyance of the vacated right-of-way and excess City property locally known as 401 SE 7th Street to Newbury Management Company, $376,320. (Council Communication No. 25-108) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0454 (A) First consideration of ordinance above. Moved by Gatto that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. 7 3/24/2025 25-0455 (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, #16,445. Second by Mandelbaum. Motion Carried 7-0. 25-0456 41. On vacation of air, surface, and subsurface rights within portions of E. 5 th Street right-of- way adjoining 106 E. 6th Street and conveyance of a Permanent Easement for Air Space Above City-owned Property, a Permanent Easement for Surface Building Encroachment on City-owned Property and a Permanent Easement for Subsurface Building Encroachment on City-owned Property to Des Moines Prep Facilities LLC, $21,596. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0457 (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. 25-0458 (B) Final consideration of ordinance above (waiver requested by Manuel Mattke, Manager), 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, #16,446. Second by Voss. Motion Carried 7-0. 25-0459 42. On conveyance of excess City property located at 515 SE 6th Street and vacated north/south alley right-of-way adjoining 515 SE 6th Street to 509 SE 6th, LLC, $189,000. (Council Communication No. 25-109) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 25-0460 43. On conveyance of a Permanent Easement for Sanitary Sewer Facilities to the Des Moines Metropolitan Wastewater Reclamation Authority for the WRA Southern Tier Interceptor, Phase 10, Segment 23 Project located at 2600 Hartford Avenue. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 25-0461 44. On request from Lee M. Mitchell Trust and Margaret V. Mitchell Trust (Owners), represented by Lora Jorgensen and Colleen Mitchell (Officers) regarding two (2) irregular- shaped parcels located in the vicinity of 1111 SE 30th Street to amend PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of the parcels from Business Park to Industrial and to rezone the parcels from “EX” Mixed Use District to Limited “I2” Industrial District to bring the existing “Junk and Salvage Yard” use into conformance with zoning regulations. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0462 (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. 8 3/24/2025 25-0463 (B) Final consideration of ordinance above (waiver requested by applicant), 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, #16,447. Second by Voss. Motion Carried 7-0. 25-0464 45. On 2024 U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER). (Council Communication No. 25-119) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0465 46. 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 annually. (Council Communication No. 25- 127) Moved by Coleman to approve. Second by Gatto. Motion Carried 7-0. 25-0466 47. On E. 33rd Street from University Avenue to Easton Boulevard Improvements: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, and receive and file bids, and designating lowest responsive, responsible bidder as InRoads, LLC (Joseph J. Manatt, CEO), $615,212.10. (Council Communication No. 25-120) Moved by Westergaard to adopt. Second by Simonson. Motion Carried 7-0. 25-0467 (A) Approving contract and bond. Moved by Westergaard to adopt. Second by Simonson. Motion Carried 7-0. *****END HEARINGS AT 5:26 PM***** ORDINANCES FIRST CONSIDERATION 48. Amending Chapter 2 of the Municipal Code relating to definitions and exceptions of the City Council Ethics Code. Item rescheduled to April 7, 2025 Council meeting on item 2. COMMUNICATIONS/REPORTS 25-0468 49. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. (A) Thomas Hayes (B) Heather C Armstrong (C) Adam Callanan 25-0469 MOTION TO ADJOURN. Moved by Boesen to adjourn at 5:54 PM. Motion Carried 7-0. 9 3/24/2025 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 3/24/2025