City Council Minutes - September 8, 2009

September 8, 2009 West Des Moines City Council Proceedings Tuesday, September 8, 2009 Mayor Steven K Gaer opened the regularly scheduled meeting of the City Council of West Des Moines, Iowa, in the Council Chambers of the West Des Moines City Hall on Monday, September 8, 2009 at 5:30 PM Council members present were: T Ohmart, R Parks, C Schneider and L Sieman Council member J Sandager was absent On Item Agenda City Clerk Smith requested on behalf of staff to change Item 5(a) Amendment to City Code -Title (Zoning) - Establish New Landscaping Chapter to a second reading with the third reading scheduled for September 21, 2009 which will allow staff to review comments received from an architectural firm earlier in the day It was moved by Sieman, second by Parks to approve the agenda as amended Vote 09-212: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item Public Forum Bill Brown, 6055 North Waterbury Road, Des Moines thanked the City Council for allowing the Waterbury Neighborhood Association of Des Moines to voice their concerns and present a petition regarding lowering the West Des Moines noise ordinance decibel levels to match the Des Moines decibel limits after 10:00 p.m and on weeknights including Sunday nights He explained it was not their desire to shut down the Val Air Ballroom, nor restrict their patrons or beverage consumption, but to limit the noise levels after 10:00 p.m on weekday nights including Sunday nights He explained there were a number of successful music venues in Des Moines which abide by Des Moines’ 50 decibel limit On Item Committee and City Manager Reports Council member Ohmart stated he had attended the Metro Advisory Committee (MAC) meeting and items discussed included establishment of consistency amongst cities with similar ordinances, as well as, a review of the “Connect” report from the Metropolitan Planning Organization (MPO) regarding bike friendly communities He confirmed the “Connect” report was designed as a recommendation not a mandate Council member Schneider stated he had attended the Finance and Administration Subcommittee meeting which included a presentation by City of Perry and the Dallas County Conservation Board representatives regarding a proposed contribution from the City of West Des Moines to support the Raccoon Valley Trail Project He explained both he and Council member Sandager supported a yet to be determined, contribution to the project Council member Schneider also reported having attended the Economic Development Steering Committee where AngelouEconomics Group submitted a preliminary report evaluating the current state of affairs September 8, 2009 in the City identifying those most critical for future industry growth He reported the Bicycle Advisory Committee would meet later in the week Council member Sieman reported having attended the Iowa Hall of Fame, the Mercy Hospital opening as well as the Krause Gentle 50th anniversary celebration Council member Parks reported the Valley Junction Event Subcommittee had met on August 28, 2009 and a packet of information had been provided to the Council On Item Consent Agenda Item 4(m) was pulled from the consent agenda for discussion It was moved by Parks, seconded by Sieman to approve the consent agenda as follows: a b c d Approval of Minutes of August 24, 2009 Meeting Approval of Bill Lists Approval of Liquor Licenses: Bradley’s Pub, Inc., d/b/a Bradley’s Pub, 1300 50th Street, Suite 203 - Class LC Liquor License with Sunday Sales - Renewal Hotel Des Moines, LLC, d/b/a Staybridge Suites, 6905 Lake Drive - Class LB Liquor License and Class WB Permit with Sunday Sales - Renewal Graze West Des Moines LLC, d/b/a Graze, 5513 Mills Civic Parkway, Suite 100 Class LC Liquor License with Sunday Sales and Outdoor Service Privileges Renewal The Lodge of Ashworth Club, d/b/a The Lodge of Ashworth Club, 909 Ashworth Road - LC Liquor License with Sunday Sales, Outdoor Service, Living Quarters and Catering Privileges - Renewal GMRI Inc., d/b/a Red Lobster #796, 3838 Westown Parkway - Class LC Liquor License with Sunday Sales - Renewal J D Carpenter Companies, Inc., d/b/a Shortshop #46, 1850 22nd Street - Class BC Permit with Sunday Sales and Carryout Wine Privileges - Renewal Fall Foods, Inc., d/b/a Godfathers Pizza, 5919 Ashworth Road -Class BB Permit with Sunday Sales - Renewal SA Petro Mart, Inc., d/b/a SA Petro Mart / Conoco, 1361st Street - Class BC Permit with Sunday Sales - Renewal Hawkeye Restaurants, LLC, T.G.I Friday's, 3340 Westown Parkway - Class LC Liquor License with Sunday Sales and Outdoor Service Privileges - Renewal 10 Saver Foods, Inc., d/b/a Tandoor, 1221 8th Street - Class BW Permit with Sunday Sales and Outdoor Privileges - Renewal 11 West Capital Eighth, LC, d/b/a Q Barbeque Restaurant, 1250 8th Street - Class LC Liquor License with Sunday Sales and Outdoor Sales Privileges - New Approval of Grant Applications: I-Jobs Grant - Fire Transportation Investment Generating Economic Recovery (TIGER) Grant September 8, 2009 e f h i j k l Economic Development Grant - Midland Life Insurance Company Acceptance of Grants: Byrne/Jag Grant #1 - Police Byrne/Jag Grant #2 - Police Approval of Polk County Multi-Jurisdictional Hazard Mitigation Plan g Approval of Agreements: WDM Magazine Advertising - City Manager’s Office Medical Director - Fire Department Approval of Change Orders: Raccoon River Park Nature Lodge Retaining Walls 2008 Court Resurfacing Project Median Improvement Project Jordan Creek Parkway Median Improvements Approval of Professional Services Agreements: Historic City Hall Restoration Valley Junction Sprinkler System, Phase I Accept Work: Raccoon River Park Nature Lodge Retaining Walls 2008 Court Resurfacing Project Raccoon River Park Nature Lodge Patio Jordan Creek Parkway Median Improvements Approval of Readdressing - Colby Davis Annexation Approval and Acceptance of Sidewalk Easement - Ashawa Substation Vote 09­213:  Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 4(m) Approval and Acceptance of Hold Harmless Agreement and Temporary Construction and No-Build Easements - 116 6th Street Chris Shires, Development Coordinator, in response to questions from the City Council regarding 116 6th Street, explained the applicant was in the process of a faỗade remodel project and the space required the construction crew to operate in City right-of-way, which requires a construction easement, and the extension of the front stoop into the City right-of-way to be code compliant requires a Hold Harmless Agreement Lastly the no-build easement addresses the zero lot line and minimum separation requirements in the City’s building code It was moved by Schneider, second by Parks to approve and accept the Hold Harmless Agreement and Temporary Construction and No-Build Easements Vote 09-214: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried September 8, 2009 On Item 5(a) Amendment to City Code -Title (Zoning) - Establish New Landscaping Chapter to Locate All Existing Landscaping Requirements in Title 9; Codify Existing Landscaping Policies, and Codify Landscaping Practices from Recent Specific Plans and Planned Unit Developments - City Initiated It was moved by Sieman, second by Parks to consider the second reading of the ordinance Vote 09-215: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried The City Clerk read the preamble to the ordinance It was moved by Sieman, second by Parks to approve the second reading of the ordinance Vote 09-215: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On time 5(b) Grand Avenue and Fourth Street, southeast corner of Grand Avenue and Fourth Street - Vacation of Right-of-Way - Taco John’s of Iowa It was moved by Parks, second by Ohmart to consider the second reading of the ordinance Vote 09-216: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried The City Clerk read the preamble to the ordinance It was moved by Parks, second by Ohmart to approve the second reading of the ordinance Vote 09-217: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried It was moved by Parks, second by Ohmart to waive the third reading and adopt the ordinance in final form Vote 09-218: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 6(a) Mayor Gaer indicated this was the time and place for a public hearing to consider Vacated Right-of-Way, southeast corner of Grand Avenue and 4th Street Intersection - Disposal of Vacated Portion of Right-of-Way, initiated by Taco John’s of Iowa He asked for the date the notice was published and the City Clerk indicated the notice was published on August 27, 2009 in the Des Moines Register Mayor Gaer asked if any written comments had been received The City Clerk stated a letter from residents Ronald and Susan Hollock, 832 4th Street, voicing September 8, 2009 support of the proposed redevelopment, was received earlier today Mayor Gaer asked if there were any verbal comments, hearing none he declared the public hearing closed It was moved by Parks, second by Sieman to adopt a resolution approving the disposal of 082 acres of right-of-way at the southeast corner of the intersection of Grand Avenue and th Street and authorize the Mayor to sign the development agreement, subject to the following: The disposal is subject execution of a development agreement The disposal is subject to the final adoption of the ordinance vacating the right-of-way Vote 09-219: Ohmart, Parks, Schneider, Sieman…4 yes Motion carried On Item 6(b) Mayor Gaer indicated this was the time and place for a public hearing to consider South 81st Street, Mills Civic Parkway to Cascade Avenue, initiated by City of West Des Moines He asked for the date the notice was published and the City Clerk indicated the notice was published on August 28, 2009 in the Des Moines Register Mayor Gaer asked if any written comments had been received The City Clerk stated none had been received Mayor Gaer asked if there were any verbal comments, hearing none he declared the public hearing closed Jeffrey Pomeranz, City Manager, stated the project would be completed in June 2010, confirming he had discussed the delay with Mr Littlefield, Aviva, with Mr Littlefield indicating that timeline would not be an issue for Aviva Dick Scieszinski, City Attorney, in response to questions from the City Council regarding the delay, confirmed the delay was due to right-of-way acquisitions It was moved by Sieman, second by Parks to adopt a resolution for Approval of Plans and Specifications, a motion to Receive and File Report of Bids and a resolution to Award Contract to Concrete Technologies, Inc Vote 09-220: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 6(c) Mayor Gaer indicated this was the time and place for a public hearing to consider 2010 Sewer Lining Program, initiated by City of West Des Moines He asked for the date the notice was published and the City Clerk indicated the notice was published on August 28, 2009 in the Des Moines Register Mayor Gaer asked if any written comments had been received The City Clerk stated none had been received September 8, 2009 Mayor Gaer asked if there were any verbal comments Johnny Long, 123 11th Street, requested information on the sewer project including which sewers would be affected Duane Wittstock, City Engineer, explained the City performs an annual program to inspect and clean sanitary sewers, resulting in the identification of deficiencies in the sanitary sewer lines He explained the annual sewer lining program addresses deficiencies identified in the previous year’s program He stated the location of the areas scheduled for repairs were included in the council communication He further explained when a newly identified sewer repairs is necessary, depending upon its severity, it will generally added to the following year’s programmed repairs Council member Ohmart stressed the importance of the program as it related to maintaining a healthy sanitary sewer system, which keeps groundwater out of the sanitary sewers and thus minimizes WRA flowage charges billed to the City Mayor Gaer asked if there were any additional verbal comments, hearing none he declared the public hearing closed It was moved by Parks, second by Schneider to adopt a resolution for Approval of Plans and Specifications, a motion to Receive and File Report of Bids and a resolution to Award Contract to Municipal Pipe Tool Company, LLC Vote 09-221: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 6(d) Mayor Gaer indicated this was the time and place for a public hearing to consider Raccoon River Park Softball Complex Irrigation, initiated by City of West Des Moines He asked for the date the notice was published and the City Clerk indicated the notice was published on August 28, 2009 in the Des Moines Register Mayor Gaer asked if any written comments had been received The City Clerk stated none had been received Mayor Gaer asked if there were any verbal comments, hearing none he declared the public hearing closed Gary Scott, Director of Parks and Recreation, responded to questions from the City Council regarding a warranty on the project, explaining the industrial standard would be one year He also reviewed the deductions which were based on technologies which due to cost and potential advances in technology were removed from the bid It was moved by Sieman, second by Parks to adopt a resolution for Approval of Plans and Specifications, a motion to Receive and File Report of Bids and a resolution to Award Contract September 8, 2009 to T & T Sprinkler Services Vote 09-222: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 6(e) Mayor Gaer indicated this was the time and place for a public hearing to consider Western Hills Playground, initiated by City of West Des Moines He asked for the date the notice was published and the City Clerk indicated the notice was published on August 21, 2009 in the Des Moines Register Mayor Gaer asked if any written comments had been received The City Clerk stated none had been received Mayor Gaer asked if there were any verbal comments, hearing none he declared the public hearing closed Gary Scott, responded to questions from the City Council regarding the construction and funding of the project, explaining the proposed playground would be located adjacent to Western Hills Neighborhood Park next to playground equipment for ages six and above provided by the elementary school The proposed playground project would be built for ages two to five and compliments the existing play structures He explained there was no monetary support from the school district, however the district would provide maintenance of the entire playground area It was moved by Sieman, second by Schneider to adopt a resolution for Approval of Plans and Specifications, a motion to Receive and File Report of Bids and a resolution to Award Contract to Willow Creek Golf, Inc Vote 09-223: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried Item 7(a) Revised Bridgewood North, northeast corner of Bridgewood Boulevard and 81 st Street - Subdivide Property into 31 Lots, and 123 Postage Stamp Lots for Residential Development, Public Street Lot and Outlots - Rottlund Homes Ed Arp, Civil Engineering Consultants, confirmed the number of single family dwellings had been reduced from 38 to 31, and medium density reduced from 142 to 124, with reduction in the height of the units on the western edge of the property from three stories to two stories It was moved by Sieman, second by Ohmart to adopt a resolution for approval of the Preliminary Plat to subdivide property into 31 single family residential lots, 124 postage stamp lots, lot for a public street, outlots for common open space, and outlots for storm water management and a Site Plan to construct 124 medium density attached residential units subject to the applicant meeting all City Code requirements and the following: The applicant meeting with the Fire Marshal to discuss phasing of streets so maximum dead end lengths are not exceeded September 8, 2009 The applicant meeting with the Fire Marshal and Chief Building Official to discuss phasing of buildings and applicable Fire and Building Codes Adequate access, as determined by the Fire Marshal, shall be maintained to the site at all times The applicant acknowledges that prior to proceeding to the City Council for Final Plat approval the applicant either complete the following public improvements or petition the City Council to accept a surety in lieu of completion and acceptance: a Public street paving b Public storm and sanitary sewer c Public sidewalks The applicant acknowledges that public street lights adjacent to the property will need to be paid for prior to the Final Plat proceeding to the City Council for approval The Applicant complying with the City of West Des Moines Post Construction Storm Water Management Ordinance including execution of the maintenance easement agreement prior to issuance of any occupancy permits All buffer landscaping is to be installed in association with the final platting of the adjacent property The final plat must be approved and recorded prior to issuance of any building permits At the time of final plat easement documents will need to be executed encumbering portions of all postage stamp lots which encroach into buffer easements 10 The City Council shall permit the issuance of a building permit for one (1) model single family home prior to approval and recordation of the final plat, however, no occupancy permit for the model home constructed shall be given prior to the applicant receiving Final Plat approval for the lot upon which the model home is constructed Vote 09-224: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On 7(b) Raccoon River Plat 1, northwest corner of Grand Avenue and South 88th Street Subdivide Property into Lot for Commercial Development, Public Street Lots and Outlots Microsoft Corporation It was moved by Sieman, second by Parks to adopt a resolution for approval of a Final Plat, Raccoon River Plat to establish lot for future development, public street lots and outlots for use as a drainage channel, subject to the applicant complying with all other applicable City September 8, 2009 Code requirements and the following: The applicant installing public street lights and the public sidewalks along the north side of Grand Avenue from the intersection of Grand Avenue and South 88th Street to the western boundary of the applicant’s property; and along the west side of South 88th Street from the intersection of Grand Avenue and South 88th Street to the applicant’s northern property boundary in conjunction with physical development of the property; and, The applicant executing the appropriate Storm Water Management Facility Maintenance Covenant and Permanent Easement Agreement prior to approval of a site plan for Lot and initiation of any site development activities Vote 09-225: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 7(c) Pedcor Plat of Survey, northwest corner of Bridgewood Boulevard and 88th Street -Creation of Parcel for Transfer of Ownership - Hidden Creek, LLC Chris Shires, responded to questions from the City Council regarding the creation of parcel, explaining the creation of the parcel would allow the applicant to purchase and then plat the property as recently approved Regarding Item 7(d), the creation of one (1) parcel in this situation allows the applicant to purchase a portion of the adjoining property that is owned by Pavilion which they will use to help meet their park land dedication requirements for the establishment of a neighborhood park It was moved by Parks, second by Sieman to adopt a resolution for approval of a Plat of Survey to establish lot for the purpose of transferring ownership, subject to complying with all other applicable City Code requirements and the following: The applicant acknowledging that the parcel being created with this plat of survey is unbuildable until such time that a Final Plat is approved by the City Council and recorded with Dallas County “Unbuildable” shall be interpreted to mean no site activity shall be initiated, including grading or utility/infrastructure, nor shall the issuance of any building permits, including footing and foundation permits be allowed Vote 09-226: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On 7(d) Whisper Ridge Plat of Survey, west of 88th Street and South of future E P True Parkway - Create Parcel for Transfer of Ownership - Pavilion Park, LC It was moved by Sieman, second by Schneider to adopt a resolution for approval of a Plat of Survey to establish one lot for the purpose of transferring ownership, subject to complying with all other applicable City Code requirements and the following: September 8, 2009 The applicant, Hidden Creek, LLC, execute a lot-tie agreement which legally ties the parcel being created by this plat-of-survey to the remaining ground held by Hidden Creek, LLC (excluding that ground to be sold to Pedcor Investments, LLC); and The applicant acknowledging that the parcel being created by this plat-of-survey, along with the ground that it is required to be tied to as indicated in the previous condition is unbuildable until such time that the ground is platted via the City’s subdivision process, including recordation of the final plat with Dallas County “Unbuildable” shall be interpreted to mean no site activity shall be initiated, including grading or utility/infrastructure installation associated with development of the site for residential use Grading for agriculture purposes or bank soil stabilization measure shall be allowed as needed Vote 09-227: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 7(e) Amendment to City Code - Title (Business and Licensing), Chapter (Beer and Liquor Control) - Public Consumption of Alcohol - City Initiated It was moved by Parks, seconded by Schneider to consider the first reading of the ordinance Vote 09-228: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried Dick Scieszinski, City Attorney, clarified this ordinance was in place to address the consumption of alcohol on public right-of-way when the right-of-way was closed off to traffic The City Clerk read the preamble to the ordinance It was moved by Parks, seconded by Schneider to approve the first reading of the ordinance Vote 09-229: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 7(f) Amendment to City Code - Title (Motor Vehicles and Traffic), Chapter (Parking Regulations) - No Parking in Specific Areas of Valley Junction Historic Business District Parking Lots and Alleys - City Initiated Clyde Evans, Director of Economic Development, responded to questions from the City Council regarding the loss of parking spaces, stated the maximum was 54 cars were parked in unmarked spaces Bret Hodne, Public Works Director, stated curb lines would be painted yellow and additional signage would highlight the no parking areas, including painted curbs for fire hydrants 10 September 8, 2009 It was moved by Parks, seconded by Schneider to consider the first reading of the ordinance Vote 09-230: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried The City Clerk read the preamble to the ordinance It was moved by Parks, seconded by Schneider to approve the first reading of the ordinance Vote 09-231: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 7(g) Amendment to City Code -Title (Health and Safety Regulations) - Addition of Chapter 10 (Maintenance of Foreclosing Properties) -City Initiated It was moved by Parks, second by Schneider to consider the first reading of the ordinance Vote 09-232: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried The City Clerk read the preamble to the ordinance It was moved by Parks, second by Schneider to approve the first reading of the ordinance Vote 09-233: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried On Item 8(a) Bi-Weekly Report - Comprehensive Plan Update - Received and Filed On Item - Other Matters Duane Wittstock, City Engineer, stated a request received minutes ago by the Grand Avenue Phase Improvements contractor to work all night tonight and Wednesday night in order to prevent delays due to anticipated rainfall later in the week He stated there could be a significant amount of noise both nights Council members discussed options and advised staff to schedule the all night work on Wednesday, not tonight, allowing staff time to notify affected residents in the area of the change The regular meeting adjourned at 6:20 p.m It was moved by Sieman, second by Parks to go into Executive Session, per Chapter 21 of the Iowa Code, to discuss pending/threatened litigation 11 September 8, 2009 Vote 09-234: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried Entered Executive Session at 6:31 p.m with the following persons present: Mayor Gaer, Council members Parks, Schneider, Sieman, and Ohmart; City Manager, City Attorney and City Clerk, Director of Parks and Recreation It was moved by Schneider, second by Sieman to adjourn from Executive Session Vote 09-235: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried Executive Session adjourned at 7:23 p.m Respectfully submitted, Fern E Stewart, CMC Deputy City Clerk ATTEST: _ Steven K Gaer, Mayor 12 ... Construction and No-Build Easements Vote 0 9-2 14: Ohmart, Parks, Schneider, Sieman …4 yes Motion carried September 8, 2009 On Item 5(a) Amendment to City Code -Title (Zoning) - Establish New Landscaping... applicable City Code requirements and the following: September 8, 2009 The applicant, Hidden Creek, LLC, execute a lot-tie agreement which legally ties the parcel being created by this plat-of-survey... of Grant Applications: I-Jobs Grant - Fire Transportation Investment Generating Economic Recovery (TIGER) Grant September 8, 2009 e f h i j k l Economic Development Grant - Midland Life Insurance