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 April 7, 2025 5:00 PM PROCLAMATION – 4:40 PM Fair Housing Month 25-0477 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 25-0478 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Voss to adopt and continue item 58B indefinitely to the call of the Mayor or City Manager. Second by Gatto. Motion Carried 7-0. 25-0479 3. APPROVING CONSENT AGENDA * – items 3 through 43: 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 4/7/2025  LICENSES AND PERMITS 25-0480 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 in item 4I. NEW APPLICATIONS (A) DES MOINES HERITAGE CENTER 120 E 5TH ST Class C Liquor (B) DES MOINES RENAISSANCE 4051 DEAN AVE Class C Liquor (C) JESSES EMBERS 3301 INGERSOLL AVE Class C Liquor (D) PANKA PERUVIAN 2708 INGERSOLL AVE Class C Liquor (E) PRIIME SPOT 2355 E UNIVERSITY AVE Class B Liquor (F) ROOK ROOM LLC 300 SW 5TH ST #A150 Class C Liquor (G) SANDS VOLLEYBALL CLUB 6214 GRAND AVE Class C Liquor RENEWAL APPLICAITONS (H) ALPINE TAP ROOM 2720 INGERSOLL AVE Class C Liquor *(I) BARATTAS RESTAURANT 2320 SOUTH UNION ST Class C Liquor (J) CAPITAL CITY MOOSE LODGE 2515 WEDGEWOOD RD Class F Retail (K) CASEYS #3953 3121 FOREST AVE Class E Liquor (L) CASEYS #4026 3401 INGERSOLL AVE Class B Retail (M) DJANGO BANQUET FACILITIES 1430 LOCUST ST Class C Liquor (N) GERRIS 232 E 30TH ST Class C Liquor (O) GIT N GO STORE #5 2700 INDIANOLA AVE Class B Retail (P) HAWKEYE ELKS LODGE #160 1401 WALKER ST Class A Liquor (Q) HELLO MARJORIE 717 LOCUST ST #A Class C Liquor (R) ROYAL FOOD & LIQUOR 1443 2ND AVE Class E Liquor (S) WORLD LIQUOR & TOBACCO 3200 SE 14TH ST Class E Liquor (T) ZAVY KITCHEN 111 E GRAND AVE #101 Class C Liquor SPECIAL EVENT APPLICATIONS (U) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR CANDLELIGHT CONCERT ON APRIL 25, 2025. (V) APRES BAR CO 519 PARK ST 5 days CLASS C LIQUOR LICENSE FOR AN EVENT ON APRIL 19, 2025. (W) THIRSTY PIGS LLC 2700 FOREST AVE 5 days CLASS C LIQUOR LICENSE FOR DRAKE ALL ALUMNI ON APRIL 25 - 26, 2025. (X) THIRSTY PIGS LLC 2800 UNIVERSITY AVE 5 days CLASS C LIQUOR LICENSE FOR DRAKE UNIVERSITY BLACK ALUMNI REUNION BLOCK PARTY ON APRIL 26, 2025. 2 4/7/2025  (Y) WAT LAO BUDDHAVAS OF IA 1804 E PARK AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR FESTIVAL ON APRIL 12 - 13, 2025. (Z) WINEFEST DES MOINES 1615 2ND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR AN EVENT ON APRIL 10, 2025. (AA) PEGGYS TAVERN 3020 FOREST AVE Class C Liquor TEMPORARY FOR THE DRAKE RELAYS ON APRIL 20 – 27, 2025. 25-0481 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits. Moved by Gatto to adopt. Second by Voss. Motion Carried 5-2. Nays: Coleman and Voss. PUBLIC IMPROVEMENTS 25-0482 6. Ordering construction of Intelligent Transportation Systems Upgrade – Phase 5: Receiving of bids, (4-15-25) and Setting date of hearing, (5-5-25), Engineer’s estimate, $1,625,000. (Council Communications No. 25-138) (Council Communication No. 25-138) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0483 7. Approving Supplemental Agreement No. 1 to the Professional Services Agreement with MA Architecture, Inc. for professional services for the North Side Community Recreation Center project, not to exceed $72,590. (Council Communication No. 25-135) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0484 8. Accepting completed construction and approving final payment for 2024 HMA Resurfacing Program Contract 1, Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 25-0485 9. Levying assessments for fees, fines, penalties, costs and interest imposed in the enforcement of the Neighborhood Inspection Rental Code, Schedule No. 2025-04. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 10. Deletion of rental inspection assessments at the following: 25-0486 (A) 1444 55th Street. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0487 (B) 1105 E. Douglas Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 3 4/7/2025  LAND/PROPERTY TRANSACTIONS 25-0488 11. Releasing Subdivision Bond for Oak Crest Plat 1. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 11-I Recommendation from Mayor Boesen to appoint the following to the Greater Des Moines Sister Cities Commission: 25-0489 (A) Jaclyn Wulfekuhle, Seat 1, for a term expiring April 28, 2030. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0490 (B) Gayle Collins, Seat 3, for a term expiring April 28, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 12. Number not used. 25-0491 13. Recommendation from Council Member Coleman to reappoint Steve Terry to the Building and Fire Code Board of Appeals, Seat 11, for a term expiring April 1, 2026. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0492 14. Recommendation from Council Member Coleman to reappoint Wendell Eck to the Housing Appeals Board, Seat 7, for a term expiring March 16, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0493 15. Recommendation from Council Member Coleman to reappoint Emily Westergaard to the Housing Services Board, Seat 4, for a term expiring June 30, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0494 16. Recommendation from Council Member Coleman to reappoint Debra Chiodo to the Parks and Recreation Board, Seat 8, for a term expiring June 30, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0495 17. Recommendation from Council Member Coleman to reappoint Carolyn Jenison to the Plan and Zoning Commission, Seat 9, for a term expiring July 6, 2026. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0496 18. Recommendation from Council Member Coleman to reappoint Sherill Whisenand to the Sister Cities Commission, Seat 8, for a term expiring April 28, 2028. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0497 19. Recommendation from Council Member Coleman to reappoint Michelle Huggins to the Urban Design Review Board, Seat 8, for a term expiring June 30, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 4 4/7/2025  SETTING DATE OF HEARINGS 25-0498 20. 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., $100, (4-21-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0499 21. On vacation of surface rights within a portion of College Avenue right-of-way adjoining 1601 6th Avenue and conveyance of a Permanent Easement for Surface Building Encroachment on City-owned Property to Indigo Dawn, LLC, $300, (4-21-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0500 22. On vacation of excess cemetery property adjoining 1636 and 1700 48th Street and conveyance to Susan D. Andrews, $21,850, (4-21-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0501 23. On vacation of street right-of-way adjoining 100 28th Street and Geoparcel 7824-07-280- 002 and conveyance to Cornerstone Developers, LLC, $1,000, (4-21-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0502 24. On conveyance of 1447 E. Railroad Avenue and Geoparcel 7824-11-156-002 to MidAmerican Energy Company in exchange for a portion of 1450 Harriet Street, $16,020, (4-21-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0503 25. Approving payment to Peggy Erickson. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0504 26. Approving payment to Candice Stonehocker. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 25-0505 27. Round four (4) Neighborhood Commercial Revitalization (NCR) Program funding, and authorizing execution of agreement with NCR Program round four (4) funding recipients. (Council Communication No. 25-143) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0506 28. Support of an amendment to the final application for the Merle Hay Mall Campus Reinvestment District. (Council Communication No. 25-142) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 4/7/2025 25-0507 29. Acceptance of Fiscal Year (FY) 2025 State of Iowa Certified Local Government (CLG) grant to assist with consulting services for the development of a work program and public engagement strategy for conducting a city-wide historic survey. (Council Communication No. 25-139) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 30. Abatement of public nuisances as follows: 25-0508 (A) 2400 Dean Avenue. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0509 (B) 4345 SE 15th Court. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0510 31. Receive and file communication from the Beaverdale SSMID Board regarding the levy for the Beaverdale Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0511 32. Receive and file communication from the Highland Park SSMID Board regarding the levy for the Highland Park Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 25-144) Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. 25-0512 33. Receive and file communication from the Roosevelt Cultural District SSMID Board regarding the levy for the Roosevelt Cultural District Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0513 34. Receive and file communication from the Sherman Hill SSMID Board regarding the levy for the Sherman Hill Self-Supported Municipal Improvement District (SSMID). (Council Communication No. 25-144) Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. 25-0514 35. Proposed budget for the Ingersoll Grand Self-Supported Municipal Improvement District (SSMID) for the fiscal year ending June 30, 2026. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0515 36. Proposed budget for the SW 9th Corridor Self-Supported Municipal Improvement District (SSMID) for the fiscal year ending June 30, 2026 (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0516 37. Budget for the Downtown Self-Supported Municipal Improvement District (SSMID) for the fiscal year ending June 30, 2026. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 4/7/2025 25-0517 38. Center Street Park and Ride Facility annual budget to Des Moines Area Regional Transit Authority (DART) and authorization of budget expenditures. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0518 39. Fund transfer resolution of the City of Des Moines FY2025. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0519 40. Fund transfer resolution of the City of Des Moines FY2026. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0520 41. Declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0521 42. Revising the City’s Fund Balance Policy to amend minimum fund balance. (Council Communication No. 25-144) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0522 43. Authorizing Finance Director to draw checks on registers for the weeks of April 7 and 14, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of April 7 and 14, 2025; to draw checks for biweekly payroll due on April 18, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:00 P.M.) (ITEMS 44 THRU 53) 25-0523 44. 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, $150. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0524 (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. 25-0525 (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, #16,448. Second by Voss. Motion Carried 7-0. 7 4/7/2025 25-0526 45. 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, $14,750. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0527 (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. 25-0528 (B) Final consideration of ordinance above (waiver requested by Steven Brown, Manager of 1435 Mulberry 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, #16,449. Second by Voss. Motion Carried 7-0. 25-0529 46. 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. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0530 (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. 25-0531 (B) Final consideration of ordinance above (waiver requested by the 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, #16,450. Second by Voss. Motion Carried 7-0. 25-0532 47. 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. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 25-0533 48. 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”. (Council Communication No. 25-140) Moved by Mandelbaum to adopt. Second by Coleman. Motion Carried 7-0. 8 4/7/2025 25-0534 49. On 2025 Citywide Pavement Marking Program: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as Quality Striping, Inc. (Jamie Jirak, President), $647,184. (Council Communication No. 25-136) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0535 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0536 50. On 2025 Pedestrian Ramp Replacement Program: 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), $253,975. (Council Communication No. 25-137) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0537 (A) Approval of contract and bond. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0538 51. On consideration of the recommended Capital Improvement Program (CIP) for fiscal years 2025-26 through 2028-29. (Council Communication No. 25-144) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 25-0539 52. On amendment to the annual budget for current fiscal year ending June 30, 2025. (Council Communication No. 25-144) Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 25-0540 53. On proposed budget for the fiscal year ending June 30, 2026. (Council Communication No. 25-144) Moved by Coleman to adopt with these amendments: 1. Sustainability, holding to the motion that we had before. 2. Creative Visions Violence Interruption Project, give authority to the City Manager to provide matching funds or support funds as other funders come on board. 3. Implementation of Homelessness Strategic Action Plan. Second by Gatto. Motion Carried 7-0. *****END HEARINGS AT 6:37 PM***** APPROVING II 25-0541 54. Review of Zoning Board of Adjustment decision conditionally granting a Variance to a separation distance required to allow use of the property at 601 Army Post Road for an “Animal Service” use that would include an outdoor animal exercise runway within 20 feet of the northerly property line adjoining an “N3a” Neighborhood District. (Council Communication No. 25-141) Moved by Gatto 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 Voss. Motion Carried 7-0. 9 4/7/2025  ORDINANCES FIRST CONSIDERATION 25-0542 55. Amending Chapter 98 of the Municipal Code relating to charges for solid waste collection service. (Council Communication No. 25-144) Moved by Colman that this ordinance be considered and given first vote for passage. Second by Mandelbaum. Motion Carried 7-0. 25-0543 (A) Final consideration of ordinance above (waiver requested by Nickolas Schaul, Finance Director), 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, #16,451. Second by Mandelbaum. Motion Carried 7-0. 25-0544 56. Amending Chapter 118 of the Municipal Code relating to sewer service charges. (Council Communication No. 25-144) Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Simonson. Motion Carried 7-0. 25-0545 (A) Final consideration of ordinance above (waiver requested by Nickolas Schaul, Finance Director), 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, #16,452. Second by Simonson. Motion Carried 7-0. 25-0546 57. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 25-134) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. (A) Parking Modification – Walnut Street between 9th Street to 10th Street. 25-0547 (B) 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, #16,453. Second by Gatto. Motion Carried 7-0. 10 4/7/2025  58. Items regarding the City Council Ethics Code: 25-0548 (A) Waiving privilege limited to the first paragraph on page 6 of a confidential legal opinion to Council Member Voss written October 28, 2024 and directing the City Clerk to provide copies of the paragraph to the media and the public upon request. Moved by Mandelbaum to adopt. Second by Westergaard. Motion FAILED 3-4. Nays: Boesen, Simonson, Coleman and Gatto. (B) Amending Chapter 2 of the Municipal Code relating to definitions and exceptions of the City Council Ethics Code. Item continued indefinitely on Item 2. COMMUNICATIONS/REPORTS 25-0549 59. Requests to speak as follows: Moved by Gatto to receive and file. Second by Voss. Motion Carried 7-0. (A) Andrew Roberts (B) Steve P. Darcy – Did not speak. (C) Felicia Hilton (D) Ako Abdul-Samad (E) Anna Snyder 25-0550 MOTION TO ADJOURN. Moved by Mandelbaum to adjourn at 7:02 PM. Second by Simonson. Motion Carried 7-0. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please notify us at least three business days in advance when possible at 515-283-4209, should special accommodations be required. Assistive Listening Devices are available for meetings in the City Council Chambers. View City Council agendas online at DSM.city All-America City 1949 1976 1981 2003 2010 2017 11 4/7/2025