ANKENY CITY COUNCIL

Regular Meeting

Monday, April 15, 2019
5:30 PM
Ankeny City Hall - City Council Chambers

410 W First Street, Ankeny, Iowa

Gary Lorenz, Mayor
Mark Holm, Mayor Pro tem

Council Members: Bobbi Bentz, Jim McKenna, Kelly Whiting, Kerry Walter-Ashby

All City Council meetings are open to the public. Assistive Listening Devices (ALD) are available for persons with impaired hearing. To request information in an alternative format or request an accommodation to participate in a City Council meeting, contact the Office of the City Clerk at 965-6405.

Anyone seeking assistance in communicating with the City should contact Relay Iowa at 1-800-735-2942 (TDY), or 1-800-735-2943 (Voice).

PROCEDURAL ACTIONS:
CALL TO ORDER:  Gary Lorenz, Mayor
ROLL CALL:  Debra M. Arend, Interim City Clerk 
PLEDGE OF ALLEGIANCE:  Gary Lorenz, Mayor

CEREMONY: none
A.PUBLIC FORUM:
1.
  • Open Forum
B.APPROVAL OF AGENDA:
1.Approval of the April 15, 2019 Agenda:
Action# B1-1. Consider motion to approve and accept the April 15, 2019 agenda, without amendment.

C.PUBLIC HEARING(S):
1.2019-29A proposed amendment to the Zoning Regulations, Chapter 192 of the Municipal Code of the City of Ankeny, Iowa, by rezoning certain real estate owned by JDEV, LLC, from the current R-1, One-Family Residence District designation to R-3, Multiple-Family Residence District, with restrictions.
Action# C1-1. Consider motion to close Public Hearing 2019-29.

2.PH 2019-30A proposed amendment to the Zoning Regulations, Chapter 192, of the Municipal Code of the City of Ankeny, Iowa, by rezoning certain real estate owned by Rose Marie Reinhart from R-1 to R-3 with restrictions.
Action# C2-1. Consider motion to receive and file correspondence dated March 9, 2019 received from: Tracy Gugger, 1610 NW 31st Street, Michael & Ashley Behm, 3008 NW Northpark Street, Minh and Trinh Huynh, 1312 NW 26th Street, Chad & Angela Armour, 1019 NW 32nd Street, John & Nicole Meyer, 1020 NW 32nd Street, Heather & Daniel Stoll, 3012 NW Northpark Street, and Kevin & Annette Bailey, 2910 NW Northpark Street, regarding the rezoning of property owned by Rose Marie Reinhart.

Action# C2-2. Consider motion to close Public Hearing 2019-30.

3.PH 2019-31Proposed SW State Street and SW Prairie Trail Parkway Traffic Signal Improvements
Action# C3-1. Consider motion to close Public Hearing 2019-31.

4.PH 2019-32Proposed SW Des Moines Street - Prairie Trail to Magazine
Action# C4-1. Consider motion to close Public Hearing 2019-32.

5.
Solicitor License Appeal Hearing - Daniel McNamara
Action# C5-1. Consider motion to close appeal hearing.

Action# C5-2. Consider motion to reverse/modify/affirm the denial of solicitor license.

6.
Solicitor License Appeal Hearing - Steven J. Barnes
Action# C6-1. Consider motion to close appeal hearing.

Action# C6-2. Consider motion to reverse/modify/affirm the denial of solicitor license.

D.REPORTS OF ADVISORY BOARDS AND COMMISSION:
1.Representative:   Park Board - Chad Hade
E.APPROVAL OF CONSENT AGENDA:
•Minutes
CA -1Approval of official council actions of the regular meeting of April 1, 2019, as published, subject to correction, as recommended by the City Clerk.
CA -2Receive and file minutes of the Park Board meeting of January 28, 2019.
CA -3Receive and file minutes of the Zoning Board of Adjustment meeting of February 5, 2019.
CA -4Receive and file minutes of the Library Board of Trustees meeting of February 21, 2019.
CA -5Receive and file minutes of the Civil Service Commission meeting of March 5, 2019.
CA -6Receive and file minutes of the Plan and Zoning Commission meeting of March 19, 2019.
•Licenses and Permits
CA -7

Consider motion to approve the issuance of liquor license(s) and/or beer / wine permit(s) in the City of Ankeny. 

•Finance/Budget
CA -8Consider motion to receive and file Financial Reports for March 2019.
CA -9Consider motion to receive and file the Building Permits Report for March 2019.
CA -10Consider motion to receive and file Utility Billing Report for March 2019.
CA -11Consider motion to approve Amendment No. 1 to the Professional Services Agreement increasing the contract amount by $21,774.00 with Civil Design Advantage for construction engineering services on the SE East Lawn Area Utility Improvements - Phase 2 project.  
CA -12Consider motion to approve Payment #11 in the amount of $21,913.80 to Civil Design Advantage for engineering services on the Deer Creek Trunk Sewer Extension Design project.
CA -13Consider motion to approve Payment #6 in the amount of $2,725.90 to Civil Design Advantage for engineering services on the SE East Lawn Area Utility Improvements - Phase 2 project.
CA -14Consider motion to approve Payment #1 in the amount of $10,209.48 to Foth Infrastructure and Environment, Inc., for engineering services on the 2019 North Creek Channel Flood Repair project.
CA -15Consider motion to approve Payment #2 in the amount of $60,518.04 to Hydro-Klean, LLC for construction services on the 2018 Sanitary Sewer System Maintenance Program-CIPP Slip Lining project.
CA -16Consider motion to approve Payment #27 in the amount of $30,748.75 to OPN Architects for architectural services on the Ankeny Kirkendall Public Library project.
CA -17Consider motion to approve Change Order No. 9 increasing the contract amount by $1,473.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project.
CA -18Consider motion to approve Change Order #10 increasing the contract amount by $8,395.00 to Stahl Construction, Inc., for construction services on the  Ankeny Kirkendall Public Library project.
CA -19Consider motion to approve Change Order #11 decreasing the contract amount by $1,555.00 to Stahl Construction, Inc., for construction services on the  Ankeny Kirkendall Public Library project.
CA -20Consider motion to approve Change Order #12 increasing the contract amount by $1,236.00 to Stahl Construction, Inc., for construction services on the  Ankeny Kirkendall Public Library project.
CA -21Consider motion to approve Payment #4 in the amount of $7,389.85 to SVPA Architects, Inc., for services for the Public Services Building renovation project.
CA -22Consider motion to approve Payment #18 in the amount of $7,226.84 to Veenstra & Kimm, Inc., for engineering services on the Northwest Booster Station - Design Services & Construction project.
CA -23Consider motion to approve the April 15, 2019 Accounts Payable. (Finance Committee: M. Holm, Chp, J. McKenna, K. Whiting) 
CA -24Consider motion to adopt RESOLUTION 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.
CA -25Consider motion to adopt RESOLUTION approving Bond Disclosure Policy.
CA -26

Consider motion to adopt RESOLUTON appointing UMB Bank, N.A. of Kansas City, Missouri, to serve as substitute paying agent, registrar, and transfer agent.

•Personnel Items
CA -27Consider motion to approve the list of employees certified eligible for promotion to the position of fire engineer, subject to passing all other requirements.
•Community Development Items
CA -28Consider motion to approve the Parkway North at Prairie Trail Neighborhood Plan.
CA -29Consider motion to approve Crosswinds Business Park Neighborhood Plan #4.
CA -30Consider motion to adopt RESOLUTION setting a public hearing on a proposal to vacate a portion of public right-of-way located at the intersection of SE Crosswinds Dr and SE 77th St, within the Crosswinds Business Park Planned Unit Development (date of hrg: 5/6/2019 @ 5:30 p.m.)
CA -31Consider motion to approve the Estates at Hidden Ridge Preliminary Plat, subject to applicable Polk County subdivision requirements in lieu of the City of Ankeny subdivision regulations.
CA -32Consider motion to adopt RESOLUTION accepting final plat for Springwood Commercial Plaza Plat 1.
CA -33Consider motion to adopt RESOLUTION setting a public hearing on a proposal to vacate a portion of a sanitary sewer easement located within the Crosswinds Business Park Planned Unit Development (date of hrg: 5/6/19 @ 5:30 p.m.)
CA -34Consider motion to adopt RESOLUTION accepting contracts, performance and maintenance bonds for the construction of storm sewer in Casey's Addition to Rock Creek Final Plat.
CA -35Consider motion to adopt RESOLUTION providing for the giving of notice and hearing of the City Council of the City of Ankeny on an amendment to The Ankeny Plan 2040  Future Land Use Plan Map, Figure 12.10, from High Density Residential to Neighborhood Commercial, for land owned by Rose Marie Reinhart (date of hrg: 5/6/19 @ 5:30 p.m.) 
•Engineering Items
CA -36Consider motion to adopt a RESOLUTION accepting a purchase agreement and approving documents for the acquisition of street right-of-way, permanent roadway easement, permanent storm sewer and drainage easement, and temporary construction easement for the South Ankeny Boulevard and SE Shurfine Drive / SW Prairie Trail Parkway Intersection Improvements project in Ankeny, Iowa.  (1727 South Ankeny Boulevard - Imperial RV Center)
CA -37Consider motion to adopt a RESOLUTION accepting a purchase agreement and approving documents for the acquisition of street right-of-way, permanent roadway easement and temporary construction easement for the South Ankeny Boulevard and SE Shurfine Drive / SW Prairie Trail Parkway Intersection Improvements project in Ankeny, Iowa.  (1901 South Ankeny Boulevard - StorageMart)
CA -38Consider motion to adopt RESOLUTION accepting a proposal from Jensen Construction Company in the amount of $136,657.00 for the construction of the North Creek Slope and Channel Flood Repair Project.
CA -39Consider motion to adopt RESOLUTION accepting a proposal from JDA Construction in the amount of $124,370.00 for the construction of the  2019 Pedestrian Ramp Improvements Project.
CA -40Consider motion to adopt RESOLUTION accepting a proposal from Communication Innovators, Inc., in the amount of $61,211.40 for the construction of the Fiber Optic Relocation at SW State Street and SW Prairie Trail Parkway. 
•Capital Improvement Projects - none
•Administrative Items
CA -41Consider motion to approve the Insurance Brokerage Agreement, for an additional one-year period, commencing on July 1, 2019 with LMC Insurance and Risk Management (LMC), 4200 University Avenue, Suite 200, West Des Moines, Iowa.
CA -42Consider motion to adopt RESOLUTION accepting a proposal and approving the execution of a contract with TruGreen Lawn Care of Ankeny, Iowa, for the 2019 - 2021 Broadleaf Weed Control Program.
•Approval of Consent Agenda Items
1.Consent Agenda Items CA-1 through CA-42:
Action# E1-1. Consider motion to approve the recommendations for Consent Agenda Items CA-1 through CA-42.

F.SUPPLEMENTAL AND REMOVED CONSENT AGENDA ITEMS:
1.
Supplemental and Removed Consent Agenda
Action# F1-1. Consider motion to approve the Supplemental and Removed Consent Agenda Items CA-

G.RECESS - Gary Lorenz, Mayor
H.LEGISLATIVE BUSINESS:
•Approval of Ordinances:
1.Ord 1966An Ordinance amending the Zoning Regulations, Chapter 192, of the Municipal Code of the City of Ankeny, Iowa, by rezoning certain real estate owned by JDEV, LLC.  (PH 2019-29)
Action# H1-1. Consider motion to accept first consideration of ORDINANCE 1966.

2.Ord 1967An Ordinance amending the Zoning Regulations, Chapter 192, of the Municipal Code of the City of Ankeny, Iowa, by rezoning certain real estate owned by Rose Marie Reinhart. (PH 2019-30)
Action# H2-1. Consider motion to accept first consideration of ORDINANCE 1967.

3.Ord 1968An Ordinance amending the Zoning Regulations, Chapter 192, of the Municipal Code of the City of Ankeny, Iowa, by rezoning certain real estate owned by Rose Marie Reinhart. (PH 2019-30)
Action# H3-1. Consider motion to accept first consideration of ORDINANCE 1968.

4.Ord 1969An Ordinance amending the Zoning Regulations, Chapter 192, of the Municipal Code of the City of Ankeny, Iowa, by rezoning certain real estate owned by Rose Marie Reinhart. (PH 2019-30)
Action# H4-1. Consider motion to accept first consideration of ORDINANCE 1969.

5.Ord 1970An Ordinance amending the Code of Ordinances of the City of Ankeny, Iowa by adding provisions to Chapter 122 for the accommodation of Small Wireless Facilities.
Action# H5-1. Consider motion to approve first consideration of Ordinance 1970.

Action# H5-2. Consider motion to accept staff recommendation to suspend the rule that all ordinances must be considered on three different days and accept second and third consideration of ORDINANCE 1970, sending it on its final passage and publication as required by law.

I.OLD BUSINESS: none
J.NEW BUSINESS:
1.$23,600,000 (Subject to Adjustment per Terms of Offering) General Obligation Bonds, Series 2019A.
Action# J1-1. Consider motion to receive and file report of bids received on April 15, 2019 at 10:00 A.M.

Action# J1-2. Consider motion to adopt RESOLUTION directing sale of $20,740,000 General Obligation Bonds, Series 2019A.

2.$5,715,000 (Subject to Adjustment per Terms of Offering) Water Revenue Bonds, Series 2019B
Action# J2-1. Consider motion to receive and file report of bids received on April 15, 2019 at 10:00 A.M.

Action# J2-2. Consider motion to adopt RESOLUTION directing sale of $5,090 000 Water Revenue Bonds, Series 2019B.

3.Proposed SW State Street and SW Prairie Trail Parkway Traffic Signal Improvements (PH 2019-31)
Action# J3-1. Consider motion to:  1) adopt RESOLUTION adopting plans, specifications, form of contract, estimate of cost ($ 745,835.00); 2) receive and file report of bids received April 9, 2019; and 3) adopt RESOLUTION making award of construction contract with Con-Struct, Inc., of Ames, Iowa, in the amount of $ 795,000.00 for the SW State Street and SW Prairie Trail Parkway Traffic Signal Improvements.

Action# J3-2. Consider motion to adopt RESOLUTION approving construction contract and bond with Con-Struct, Inc., of Ames, Iowa, in the amount of $795,000.00 for the SW State Street and SW Prairie Trail Parkway Traffic Signal Improvements.

4.Proposed SW Des Moines St - Prairie Trail to Magazine Project (PH 2019-32)
Action# J4-1. Consider motion to:  1) adopt RESOLUTION adopting plans, specifications, form of contract, estimate of cost ($3,582,812.00); 2) receive and file report of bids received April 9, 2019; and 3) adopt RESOLUTION making award of construction contract with Concrete Technologies, Inc., of Grimes, Iowa, in the amount of $3,241,379.38 for the SW Des Moines St - Prairie Trail to Magazine Project.

Action# J4-2. Consider motion to adopt RESOLUTION approving construction contract and bond with Concrete Technologies, Inc., of Grimes, Iowa, in the amount of $3,241,379.38 for the SW Des Moines St - Prairie Trail to Magazine Project.

5.

Proposed High Trestle Trail Extension - SW Ordnance Road to SE Magazine Road

Initiate Proceedings

Action# J5-1. Consider motion to adopt RESOLUTION ordering construction on the High Trestle Trail Extension - SW Ordnance Road to SE Magazine Road project and fixing a date for hearing thereon and taking of bids therefor.  (date of bid-letting: 5/14/19 @ 10:30 a.m./date of hrg: 5/20/19 @ 5:30 p.m.) 

6.

Proposed Deer Creek Trunk Sewer Extension

Initiate Proceedings

Action# J6-1. Consider motion to adopt RESOLUTION ordering construction on the Deer Creek Trunk Sewer Extension project and fixing a date for hearing thereon and taking of bids therefor.  (date of bid-letting: 5/14/19 @ 10:30 a.m./date of hrg: 5/20/19 @ 5:30 p.m.) 

7.

NW Irvinedale Drive Water Main Improvements Project

Professional Services Agreement with JEO Consulting Group, Inc.

Action# J7-1. Consider motion to approve the Professional Services Agreement with JEO Consulting Group, Inc., for engineering services on the NW Irvinedale Drive Water Main Improvements Project for an in kind fee and authorize the Mayor to execute said agreement.

8.Proposed SE Hulsizer Road Re-Alignment
Professional Services Agreement with Civil Design Advantage
Action# J8-1. Consider motion to approve the Professional Services Agreement with Civil Design Advantage for design and bidding phase services on the SE Hulsizer Road Re-Alignment in an amount not to exceed $ 225,354.00 and authorize the Mayor to execute said Agreement.

K.ADMINISTRATIVE BUSINESS:
•Report of the City Staff:
City Manager
City Attorney
•Report of the Governing Body:
Mayor

City Council Members:
Council Member Bentz
Council Member Holm
Council Member McKenna
Council Member Walter-Ashby
Council Member Whiting
•Future Council Agenda Items:
  • Council Action Planning Session - 1 cent local option sales tax - 4/22/19 @ 5:30 p.m.
  • Public Hearing - N Ankeny Blvd and NW-NE Georgetown Blvd Intersection Improvements & Signalization - 5/6/19 @ 5:30 p.m.
  • Public Hearing - NE Delaware Ave Sidewalk Connection - 5/6/19 @ 5:30 p.m.
  • Public Hearing - 2019 Asphalt Street Resurfacing - 5/6/19 @ 5:30 p.m.
  • Public Hearing - Crosswinds Business Park ROW Vacation - 5/6/19 @ 5:30 p.m.
  • Public Hearing - Crosswinds Business Park Sanitary Sewer Easement Vacation - 5/6/19 @ 5:30 p.m.
  • Public Hearing Aspen Ridge Estates - Land Use Plan Amendment - Reinhart - 5/6/19 @ 5:30 p.m.
  • Public Hearing - High Trestle Trail Extension - SW Ordnance Rd to SE Magazine Rd - 5/20/19 @ 5:30 p.m.
  • Public Hearing - Deer Creek Trunk Sewer Extension - 5/20/19 @ 5:30 p.m.
L.ADJOURNMENT
1.Adjournment