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 June 30, 2025 5:00 PM I. CLOSED SESSION – 3:45 PM 25-0875 (A) Roll Call. Present: Boesen, Simonson, Voss, Westergaard, Mandelbaum and Gatto. Absent: Coleman. Council Member Coleman entered the meeting at 3:53 PM during item C. 25-0876 (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 6-0. Absent: Coleman. 25-0877 (C) Closed Session. 25-0878 (D) Terminate closed session and reconvene in open session. Moved by Gatto to adopt. Second by Simonson. Motion Carried 7-0. 25-0879 (E) Motion to adjourn. Moved by Gatto to adjourn at 4:40 PM. Second by Voss. Motion Carried 7-0. 1 6/30/2025 25-0880 1. ROLL CALL: Present: Boesen, Simonson, Voss, Coleman, Westergaard, Mandelbaum and Gatto. 25-0881 2. APPROVING AGENDA, AS PRESENTED AND/OR, AS AMENDED: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0882 3. APPROVING CONSENT AGENDA * – items 3 through 50: 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 25-0883 4. Approving Alcoholic Beverage License Applications for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. NEW APPLICATIONS (A) ALPINE TAP ROOM 2720 INGERSOLL AVE Class C Liquor (B) CASEYS #2784 4151 MERLE HAY RD Class E Liquor RENEWAL APPLICATIONS (C) 1ST STOP BEVERAGE SHOP 2839 E UNIVERSITY AVE Class E Liquor (D) BROADWAY BEACH HOUSE 5100 HUBBELL AVE Class C Liquor (E) BUBBA - SOUTHERN COMFORTS 200 10TH ST Class C Liquor (F) BUFFALO WILD WINGS 4345 MERLE HAY RD Class C Liquor (G) CREME 543 28TH ST Class C Liquor (H) EXILE BREWING COMPANY 1514 WALNUT ST Class C Liquor (I) HY VEE DRUGTOWN 4100 UNIVERSITY AVE Class E Liquor (J) HY VEE FOOD STORE #4 4605 FLEUR DR Class E Liquor (K) LOCUST TAP 434 E LOCUST ST Class C Liquor (L) MARISCOS EL CAPITAN 2809 6TH AVE Class C Liquor (M) QUIKTRIP #518 1930 INDIANOLA AVE Class B Retail (N) SCIENCE CENTER OF IOWA 401 W MLK JR PKWY Class C Liquor (O) SPLASH SEAFOOD BAR & GRILL 303 LOCUST ST #100 Class C Liquor (P) TOP IT OFF LIQUID CATERING 1011 LOCUST ST Class C Liquor (Q) WAKONDA CLUB 3915 FLEUR DR Class C Liquor SPECIAL EVENT APPLICATIONS (R) BEAVERDALE NEIGHBORHOOD 4900 HICKMAN RD 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE BLUEGRASS FESTIVAL ON JULY 19, 2025. (S) BUD TENT 3000 E GRAND AVE 5 days 2 6/30/2025  SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE GOODGUYS CAR SHOW ON JULY 4 - 6, 2025. (T) COFFEE FC 3900 E 14TH ST #9 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR 6TH ANNIVERSARY CELEBRATION ON JULY 19, 2025. (U) IOWA TAPROOM 215 E 3RD ST BEER TENT 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR MOONLIGHT CLASSIC ON JULY 12, 2025. (V) OLD WEST ROADHOUSE 3000 E GRAND AVE 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR THE GOODGUYS CAR SHOW ON JULY 4 - 6, 2025. (W) SALISBURY HOUSE 4025 TONAWANDA DR 5 days SPECIAL CLASS C LIQUOR LICENSE (BEER/WINE) FOR SHAKESPEARE ON THE LAWN ON JULY 16 - 20, 2025. OUTDOOR SERVICE APPLICATION (X) CARLS PLACE 1620 WOODLAND AVE Class C Liquor TEMPORARY FOR A CHARITY EVENT ON JULY 12, 2025. 25-0884 5. City Clerk to issue Cigarette/Tobacco/Nicotine/Vapor Permits for the following: Moved by Gatto to adopt. Second by Voss. Motion Carried 5-2. Nays: Coleman and Voss. NEW APPLICATION (A) TIENDA LA CHAPINA 3800 6TH AVE RENEWAL APPLICATIONS (B) 515 SMOKESHOP LLC 2827 EASTON BLVD (C) ALEX TOBACCO & VAPE 3623 BEAVER AVE (D) AYWA SMOKE PLUS 3011 FOREST AVE (E) CENTRAL CITY LIQUOR 1460 2ND AVE (F) CEVICHE 223 E WALNUT ST (G) GASH BARKA 2109 FOREST AVE (H) GIT N GO CONVENIENCE STORE #10 816 E EUCLID AVE (I) GIT N GO CONVENIENCE STORE #11 3940 E 29TH ST (J) GIT N GO CONVENIENCE STORE #18 6501 SE 14TH ST (K) GIT N GO CONVENIENCE STORE #19 890 COUNTY LINE RD (L) GIT N GO CONVENIENCE STORE #2 1307 ARMY POST RD (M) GIT N GO CONVENIENCE STORE #23 2930 HICKMAN RD (N) GIT N GO CONVENIENCE STORE #24 1142 42ND ST (O) GIT N GO CONVENIENCE STORE #26 2140 E PARK AVE (P) GIT N GO CONVENIENCE STORE #27 1240 KEOSAUQUA WAY 3 6/30/2025  (Q) GIT N GO CONVENIENCE STORE #28 3274 E UNIVERSITY AVE (R) GIT N GO CONVENIENCE STORE #29 4900 URBANDALE AVE (S) GIT N GO CONVENIENCE STORE #3 100 WATROUS AVE (T) GIT N GO CONVENIENCE STORE #31 2601 SW 9TH ST (U) GIT N GO CONVENIENCE STORE #32 2911 DOUGLAS AVE (V) GIT N GO CONVENIENCE STORE #33 865 42ND ST (W) GIT N GO CONVENIENCE STORE #36 4164 EASTON BLVD (X) GIT N GO CONVENIENCE STORE #42 806 SE 14TH ST (Y) GIT N GO CONVENIENCE STORE #5 2700 INDIANOLA AVE (Z) GIT N GO CONVENIENCE STORE #6 5736 FRANKLIN AVE (AA) GIT N GO CONVENIENCE STORE #7 3000 MERLE HAY RD (BB) GOLDEN FAMILY MARKET 4109 SE 14TH ST (CC) GOPUFF 1510 OHIO ST (DD) LA SMOKE SHOP 3921 E 14TH ST (EE) NOORI HILAL GROCERY & FASHION 3839 MERLE HAY RD #112 (FF) PREMIUM SMOKE 1242 E 14TH ST (GG) PROSPECT PARK MARKET 2917 PAYNE RD (HH) SAHOTA FOOD MART 1805 SE 14TH ST (II) SMOKE SHACK 1300 CUMMINS RD #102 (JJ) SPICES OF NEPAL GROCERY 4806 SW 9th ST (KK) SUPER QUICK 303 SE 30TH ST (LL) SUPER QUICK SMOKES 5625 HICKMAN RD 25-0885 6. City Clerk to approve Device Retailer Permits for the following: Moved by Gatto to adopt. Second by Simonson. Motion Carried 5-2. Nays: Coleman and Voss. NEW APPLICATIONS (A) AS SMOKE & VAPE 2217 E UNIVERSITY AVE (B) AYWA SMOKE PLUS 3011 FOREST AVE RENEWAL APPLICATIONS (C) 821 SQ LIQUOR 821 E EUCLID AVE (D) EASYGO 2723 GRAND AVE (E) HOUSE OF GLASS 5701 FLEUR DR (F) LINNS SUPERMARKET 3805 6TH AVE (G) SHAG 3805 MERLE HAY RD #B (H) SMOKE SHOP 1918 SE 14TH ST (I) STOP N SHOP 5000 SW 9TH ST (J) LA SMOKE SHOP 3921 E 14th ST (K) MERLE HAY LIQUOR AND SMOKE 3408 MERLE HAY RD 4 6/30/2025  PUBLIC IMPROVEMENTS 25-0886 7. Ordering construction of Skywalk Bridge 3CaS Repair: Receiving of bids, (8-5-25) and Setting date of hearing, (9-8-25), Engineer’s estimate, $700,000. (Council Communications No. 25-250) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0887 8. Approval of Iowa Department of Transportation (IDOT) State Recreational Trails (SRT) Grant Application for the Birdland Park Improvements Phase 1A-Reconstruction of the Neal Smith Trail Project, $200,000. (Council Communication No. 25-253) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0888 9. Approving and authorizing the execution of agreement with the Iowa Department of Natural Resources for the Federal Land and Water Conservation Fund Program for Birdland Park Improvements Project, and authorizing City Manager to negotiate subrecipient agreement. (Council Communication No. 25-254) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0889 10. Acceptance of a proposal from MidAmerican Energy Company to install streetlights for the Southeast Connector – SE 30th Street to U.S. Highway 65 (US 65) project, estimated amount $151,115.81. (Council Communication No. 25-251) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0890 11. Approving Professional Services Agreements with Bolton & Menk, Inc. for the University Avenue Corridor Study, not to exceed $238,917. (Council Communication No. 25-245) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0891 12. Approving Professional Services Agreement with Ace Pipe Cleaning, Inc. for the 2025 Sanitary and Storm Sewer Televising Inspection and Analysis Program – Contract 1, not to exceed $302,444. (Council Communication No. 25-252) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0892 13. Approving Professional Services Agreement with Central Iowa Televising LLC d/b/a CIT Sewer Solutions for the 2025 Sanitary and Storm Sewer Televising Inspection and Analysis Program – Contract 2, not to exceed $223,512.50. (Council Communication No. 25-252) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0893 14. Approving Professional Services Agreement with Hydro-Klean LLC d/b/a HK Solutions Group for the 2025 Sanitary and Storm Sewer Televising Inspection and Analysis Program – Contract 3, not to exceed $211,949. (Council Communication No. 25-252) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 5 6/30/2025 25-0894 15. Approving Change Order No. 1 with Jorgensen Contracting Co. for additional work on 2025 Bridge and Structural Repair, $177,555.60. (Council Communication No. 25-248) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0895 16. Approving Supplemental Agreement No. 3 with Felsburg Holt & Ullevig, Inc. for additional work on the SW 9th Street – Dart Way to McKinley Avenue Traffic Study, not to exceed $20,000. (Council Communication No. 25-243) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 17. Accepting completed construction and approving final payment for the following: 25-0896 (A) SE 22nd Street Traffic Calming Improvements, Caliber Concrete, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0897 (B) Greenhouse Facility, GTG Construction, LLC. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0898 (C) 56th Street from Grand Avenue to South of Robertson Drive, Grimes Asphalt and Paving Corporation. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SPECIAL ASSESSMENTS 25-0899 18. Levying Assessments for costs of Nuisance Abatement-NAC Emergency Orders (Neighborhood Services), Schedule No. 2025-06. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 19. Deletion of rental inspection assessments for the following: 25-0900 (A) 2953 E. Oak Park Ave. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0901 (B) 2920 Douglas Ave. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0902 (C) 1205 McKinley Ave. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. BOARDS/COMMISSIONS/NEIGHBORHOODS 25-0903 20. Recommendation from Council Member Westergaard to reappoint Matthew Keller to the Building and Fire Code Board of Appeals, Seat 5, for a term expiring April 1, 2028. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0904 21. Recommendation from Council Member Westergaard to reappoint Nate Niceswanger to the Des Moines Civil and Human Rights Commission, Seat 5, for a term expiring April 3, 2028. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 6 6/30/2025 25-0905 22. Recommendation from Council Member Westergaard to reappoint Renda K. Barbieri- Synder to the Transportation Safety Committee, Seat 5, for a term expiring December 31, 2027. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0906 23. Recommendation from Council Member Westergaard to reappoint Annamarie Snider to the Urban Design Review Board, Seat 5, for a term expiring June 30, 2028. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0907 24. Recommendation from Council Member Westergaard to reappoint Rhonda Cedillo to the Zoning Board of Adjustment, Seat 5, for a term expiring June 30, 2030. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0908 25. Recommendation from Council Member Gatto to reappoint Claire Kranto to the Housing Appeals Board, Seat 7, for a term expiring March 16, 2028. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0909 26. Recommendation from Council Member Gatto to reappoint Justin Burnham to the Urban Design Review Board, Seat 11, for a term expiring June 30, 2028. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. SETTING DATE OF HEARINGS 25-0910 27. On conveyance of City-owned property at 1552 23rd Street and 1706 23rd Street to Greater Des Moines Habitat for Humanity for redevelopment of housing, (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0911 28. On conveyance of City-owned property at 1168 22nd Street to Invest DSM for rehabilitation of housing, (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0912 29. On vacation of segments of Ingersoll Avenue, 6th Avenue, E. Grand Avenue and University Avenue right-of-way and conveyance of Easements for Bus Shelter Encroachment on City- owned property to Des Moines Area Regional Transit Authority for $3,000, (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0913 30. On vacation of two irregular shaped segments of undeveloped right-of-way located in the vicinity of 6200 Scout Trail and release of the Permanent Easement for Public Right of Way on said property, (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0914 31. On vacation of SE 14th Court right-of-way located north of E. Edison Avenue, (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 7 6/30/2025 25-0915 32. On request from Angela Brown (Owner) to amend the PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification of 1900 Arlington Avenue from Low-Medium Density Residential to High Density Residential, and to rezone the property from “N5” Neighborhood District to Limited “N5-4” Neighborhood Mix District, to allow reuse of the existing structure for multiple-household residential use with up to four (4) dwelling units, (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0916 33. On approval of amending the franchise heretofore granted to Iowa Power and Light Company, predecessor in interest to MidAmerican Energy Company and increasing the franchise fee pursuant to Iowa Code Sections 364.2(4)(f) and 384.3A(3)(j), (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0917 34. On approval of amending the franchise heretofore granted to Midwest Gas Company, predecessor in interest to MidAmerican Energy Company and increasing the franchise fee pursuant to Iowa Code Sections 364.2(4)(f) and 384.3A(3)(j), (7-14-25). Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. LEGAL DEPARTMENT - CLAIM SETTLEMENTS & BILLINGS 25-0918 35. Approving payment to Stivers Ford Collision Center for a property damage claim. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0919 36. Approving retention of outside counsel to act as guardian ad litem at an updated hourly rate. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. APPROVING 25-0920 37. Community Development Block Grant to prepare for, prevent, and respond to Coronavirus (CDBG-CV) funding agreement with the Iowa Economic Development Authority (IEDA) for shelter operations. (Council Communication No. 25-246) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 38. Number not used. 25-0921 39. Second Amendment to Urban Renewal Agreement for sale of land for private redevelopment with Des Moines Industrial, LLC. (Council Communication No. 25-262) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0922 40. First Amendment to Grant Agreement with 13th & Mulberry, LLC and 13th & Mulberry Multifamily, LLC. (Council Communication No. 25-261) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 8 6/30/2025 25-0923 41. Issuance of Certificate of Completion to 13th and Mulberry Multifamily, LLC for the “Deco” in the vicinity of 13th & Mulberry Streets. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0924 42. 28E Agreement with Polk County to market, convey, and assist in selecting a developer for the development of a Polk County owned surface parking lot at 5th Avenue and Cherry Street. (Council Communication No. 25-263) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0925 43. Third Amendment to Agreement with Downtown Self-Supported Municipal Improvement District (SSMID) for Park, Open Space, and Streetscape Maintenance of Principal Riverwalk, Hansen Triangle, Western Gateway Park, East Locust Streetscape, and MLK JR. Parkway. (Council Communication No. 25-258) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0926 44. Submitting applications to the Office of Justice Programs, Community Oriented Policing (COPS) for the FY25 Microgrants and Law Enforcement Mental Health and Wellness Implementation Projects funding opportunities. (Council Communication No. 25-255) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0927 45. Annual insurance renewal for July 1, 2025 for Fiscal Year (FY) 2025-2026 for property, casualty, and other City operations. (Council Communication No. 25-241) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0928 46. Authorizing the City Manager to approve the purchase of up to forty-six (46) vehicles for use in various City departments for Fiscal Year (FY) 2025-2026 to replace older and less reliable equipment as part of a deliberate and on-going life-cycle management process. (Council Communication No. 25-259) Moved by Gatto to adopt. Second by Mandelbaum. Motion Carried 7-0. 25-0929 47. Rental of Craftco Wide Crack Sealer and purchase of sealant from Logan Contractor Supply (sole area-wide provider) (Bruce Logan, President) $50,688 rental, $158,004 material, total $208,692. (Council Communication No. 25-257) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0930 48. Exception to the procurement ordinance competitive request for proposal (RFP) process for good cause and approving renewal amendment for automated traffic enforcement (ATE) services contract with Sensys Gatso USA, Inc. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0931 49. Suspension of Civil Service hiring practices for entrance positions as authorized by Iowa Code Section 400.12A for the period August 5, 2025 through August 4, 2026. (Council Communication No. 25-260) Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 9 6/30/2025 25-0932 50. Authorizing Finance Director to draw checks on registers for the weeks of June 30 and July 7, 2025; to draw checks for the bills of the Des Moines Municipal Housing Agency for the weeks of June 30 and July 7, 2025; to draw checks for biweekly payroll due on July 11, 2025. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * HEARINGS (OPEN AT 5:02 PM.) (ITEMS 51 THRU 58) 25-0933 51. On vacation of air rights within a portion of E. 6th Street right-of-way adjoining 603 E. 6th Street, and to correct the vacation of air, subsurface, and surface rights within portions of Des Moines Street and E. 6th Street right-of-way adjoining 603 E. 6th Street, and conveyance of a Corrected Permanent Easement for Air Space Above City-Owned Property to HOA Aston LLC. Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. 25-0934 (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. 25-0935 (B) Final consideration of ordinance above (waiver requested by Mike Whalen, 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, #16,476. Second by Gatto. Motion Carried 7-0. 25-0936 52. On request from Iowa Pacific Processors, Inc. (Mike Everett, Officer) and City of Des Moines to amend PlanDSM Creating Our Tomorrow Comprehensive Plan to revise the future land use classification from Business Park to Industrial and to rezone parcels located in the vicinity of 2606 Sunset Road from “EX” Mixed Use District to Limited “I1” Industrial District to allow expansion of an existing industrial use, continued from June 9, 2025. Moved by Mandelbaum to continue the hearing until July 14, 2025, and direct the City Manager and Legal Department to prepare the necessary legislation to approve with conditions to APPROVE the requested amendment to the PlanDSM: Creating Our Tomorrow Plan Land Use Plan designation for the subject property from Business Park to Industrial and the requested rezoning for Property from “EX” Mixed Use District to Limited “I1” Industrial District, to allow expansion of an existing industrial use, subject to conditions, and determining the requested rezoning is in conformance with the PlanDSM Creating Our Tomorrow Comprehensive Plan. Second by Gatto. Motion Carried 7-0. 10 6/30/2025 25-0937 53. On request from Scottish Rite Park, Inc (Daniel J. Boor, Officer) for property located at 2909 Woodland Avenue, for an appeal of a conditionally approved Type 2 Design Alternative to waive public sidewalk along Woodland Avenue and 28th Street, continued from June 9, 2025 meeting. Moved by Mandelbaum to DENY the Type 2 Design Alternative in form requested by the Scottish Rite Park, Inc. described above, to APPROVE the Type 2 Design Alternative in form recommended by the Planning and Zoning Commission described above, and to make the following findings of fact and objections regarding the Type 2 Design Alternative as proposed by the Scottish Rite Park, Inc.: a. Under Municipal Code Section 135-8.5.2, sidewalks are required as identified in the City’s Transportation Master Plan. b. The subject property is located along Woodland Avenue and 28th Street. c. The frontage along Woodland Avenue and 28th Street are priority one sidewalk gaps within the City’s Transportation Plan, MoveDSM. d. Such sidewalk installation would provide connectivity and walkability for the subject property and surrounding properties. e. Scottish Rite Park, Inc.’s proposal for the Type 2 Design Alternative to the requirements of Section Code Section 135-8.5.2 are for full waiver, resulting in no sidewalk installations being required along Woodland Avenue and 28th Street, and it is based on preference, rather than need. f. City Planning staff recommended approval of the Type 2 design alternative with the condition that Scottish Rite Park, Inc. install a sidewalk on Woodland Avenue from the western property line to east of the existing driveway in order to make a crosswalk connection with the southern sidewalk across Woodland Avenue at the 29th Street intersection, in lieu of the Type 2 design alternative for full waiver of Section Code Section 135-8.5.2 as requested by Scottish Rite Park, Inc. g. Scottish Rite Park, Inc. have not met the burden required to demonstrate that their requested design alternative met the criteria for approval or that the result of the design alternative would equal or exceed the result of compliance with the Planning and Design Ordinance. h. Scottish Rite Park, Inc. have not shown that their requested design alternative is consistent with all relevant purpose and intent statements of the Planning and Design Ordinance and with the general purpose and intent of the comprehensive plan. i. Scottish Rite Park, Inc. have not shown that their requested design alternative will not have a substantial or undue adverse effect on the public health, safety, and general welfare. j. The Type 2 Design Alternative as proposed by Scottish Rite Park, Inc. should not be approved for the reasons stated above. Direct staff to coordinate timing of sidewalk construction with the applicant. Second by Simonson. Motion Carried 6-0. Council Member Voss declares a conflict of interest and abstains from voting. 25-0938 54. On assessment of $500 penalty to alcoholic beverage license/permit holders for violation of Iowa alcoholic beverage laws. Moved by Coleman to adopt. Second by Gatto. Motion Carried 7-0. 11 6/30/2025 25-0939 55. On assessment of $1,500 penalty and 30-day suspension to alcoholic beverage license/permit holder for violation of Iowa alcoholic beverage laws. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0940 56. On assessment of $1,500 penalty and 60-day suspension to alcoholic beverage license/permit holder for violation of Iowa alcoholic beverage laws. Moved by Gatto to adopt. Second by Voss. Motion Carried 7-0. 25-0941 57. On Principal Park Bullpen Relocations: Resolution approving plans, specifications, form of contract documents, engineer’s estimate, receive and file bids, and designating the lowest responsive, responsible bidder as BallTeam, LLC (Richard Ball, Managing Member), $765,000. (Council Communication No. 25-249) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0942 (A) Approval of contract and bond. Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. 25-0943 58. Approving plans, specifications, form of contract documents, engineer’s estimate, and receive and file bids on 2025 Parking Garage Repair Program. (Council Communication No. 25-247) Moved by Mandelbaum to adopt. Second by Voss. Motion Carried 7-0. *****END HEARINGS AT 5:31 PM***** CITY MANAGER RECOMMENDATON 25-0944 59. Regarding the redevelopment of 602 Robert D. Ray Drive (Argonne Armory). (Council Communication No. 25-264) Moved by Mandelbaum to adopt. Second by Gatto. Motion Carried 7-0. ORDINANCES FIRST CONSIDERATON 25-0945 60. Amending Chapter 114 of the Municipal Code regarding Traffic Regulation Changes as follows: (Council Communication No. 25-244) Moved by Mandelbaum that this ordinance be considered and given first vote for passage. Second by Voss. Motion Carried 7-0. (A) Parking Modification – Woodland Avenue between 16th Street and 17th Street. (B) Parking Modification – SW 1st Street between Clay Avenue and Fulton Drive. (C) Parking Modification – 38th Street and Valdez Drive intersection. (D) Corner Clearance Parking Restrictions: (1) SE 26th Street and Garfield Avenue. (2) 41st Street and Forest Avenue. 12 6/30/2025 25-0946 (E) 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, #16,477. Second by Voss. Motion Carried 7-0. 61. Items regarding the border area: (Council Communication No. 25-242) 25-0947 (A) Amending Chapter 102 of the Municipal Code relating to border area maintenance. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 25-0948 (1) 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, #16,478. Second by Gatto. Motion Carried 7-0. 25-0949 (B) Amending Chapter 42 of the Municipal Code relating to nuisance and border areas. Moved by Coleman that this ordinance be considered and given first vote for passage. Second by Gatto. Motion Carried 7-0. 25-0950 (1) 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, #16,479. Second by Gatto. Motion Carried 7-0. COMMUNICATIONS/REPORTS Requests to speak as follows: None at this time. 25-0951 MOTION TO ADJOURN. Moved by Gatto to adjourn at 5:44 P.M. Second by Voss. Motion Carried 7-0. View City Council agendas online at DSM.city 13 6/30/2025  All-America City 1949 1976 1981 2003 2010 2017 14 6/30/2025