ANKENY CITY COUNCIL

Regular Meeting

Monday, December 2, 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: Denise L. Hoy, City Clerk 
PLEDGE OF ALLEGIANCE: Gary Lorenz, Mayor

A.PUBLIC FORUM:
1.
  • Open Forum
B.APPROVAL OF AGENDA:
1.Approval of the December 2, 2019 Agenda:
Action# B1-1. Consider motion to approve and accept the December 2, 2019 agenda, without amendment.

C.PUBLIC HEARING(S):
1.PH 2019-67

Proposed Sale of Real Estate located in the Southwest Quadrant of the Intersection of SW Ordnance Road and SW Des Moines Street.

Action# C1-1. Consider motion to close Public Hearing 2019-67.

2.PH 2019-68Proposed Amended Development Agreement between the City of Ankeny and Kreg Enterprises, Inc.
Action# C2-1. Consider motion to close Public Hearing 2019-68. 

D.REPORTS OF ADVISORY BOARDS AND COMMISSION:
1.Representative:   Plan & Zoning Commission - Annette Renaud

E.APPROVAL OF CONSENT AGENDA:
•Minutes
CA -1Approval of official council actions of the regular meeting of November 18, 2019, as published, subject to correction, as recommended by the City Clerk.
CA -2Receive and file minutes of the Plan and Zoning Commission meeting of November 5, 2019.
CA -3Receive and file minutes of the Library Board meeting of October 17, 2019
•Licenses and Permits
CA -4

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

•Finance/Budget
CA -5Consider motion to approve Payment #10 in the amount of $8,991.94 to Calhoun-Burns and Associates, Inc., for engineering services on the NE 54th Street Bridge Replacement over Branch of Fourmile Creek - Construction Engineering project.
CA -6Consider motion to approve Payment #7 in the amount of $45,849.03 to Civil Design Advantage for engineering services on the SE Hulsizer Road Re-alignment Design project.
CA -7Consider motion to approve Payment #10 in the amount of $62,134.48 to Foth Infrastructure and Environment, Inc., for engineering services on the West First Street Widening and Improvements - Phase 1 project.
CA -8Consider motion to approve Payment #1 in the amount of $10,676.62 to HR Green, Inc., for engineering services on the SW State Street Reconstruction - Northbound Lanes project.
CA -9Consider motion to approve Payment #1 in the amount of $76,185.01 to Jensen Construction Company, for construction services on the Tradition Park Stormwater Detention Basin Flood Repair project.
CA -10Consider motion to approve Payment #12 in the amount of $8,365.00 to JEO Consulting Group, Inc., for engineering services on the N. Ankeny Blvd and NE/NW Georgetown Blvd Intersection Signalization project.
CA -11Consider motion to approve Payment #4 in the amount of $12,415.00 to JEO Consulting Group, Inc., for engineering services on the NE 18th Street and NE Trilein Drive Signalization project.
CA -12Consider motion to approve Payment #4 in the amount of $7,066.50 to JEO Consulting Group, Inc., for engineering services on the SE 8th Street Reconstruction - Phase 1 project.
CA -13Consider motion to approve Payment #9 in the amount of $10,132.50 to JEO Consulting Group, Inc., for engineering services on the Tradition Park Stormwater Detention Basin Flood Repair project.
CA -14Consider motion to approve Payment #1 in the amount of $5,977.50 to McClure Engineering Company, for engineering services on the NW State Street Water Main Improvements-Phase 1 project.
CA -15Consider motion to approve Amendment No. 2 to the Professional Services Agreement increasing the contract amount by $835.00 with MSA Professional Services, Inc. for additional construction engineering services on the SE Magazine Road Sidewalk Upgrade - Phase 3 project.
CA -16Consider motion to approve Payment #7 in the amount of $7,511.50 to MSA Professional Services, Inc., for engineering services on the SE Magazine Road Sidewalk Upgrade - Phase 3 project.
CA -17Consider motion to approve Amendment No. 1 to the Professional Services Agreement increasing the contract amount by $168,500.00 with Nilles Associates, Inc. for construction engineering services on the SW Des Moines Street - Magazine to 11th Street project. 
CA -18Consider motion to approve Payment #9 in the amount of $31,472.50 to Nilles Associates, Inc., for engineering services on the SW Des Moines Street Improvements project.
CA -19Consider motion to approve Change Order #3 increasing the contract amount by $5,927.74 to OMG Midwest, Inc., dba Des Moines Asphalt & Paving, for construction services on the SE Creekview Drive Roadway Improvements project.
CA -20Consider motion to approve Payment #4 in the amount of $7,570.43 to OMG Midwest, Inc. dba Des Moines Asphalt & Paving for construction services on the SE Creekview Drive Roadway Improvements project.
CA -21Consider motion to approve Payment #9 in the amount of $9,712.82 to Shive-Hattery for engineering services on the SW Irvinedale Dr., Transmission Main - Phase 1 project.
CA -22Consider motion to approve Payment #6 in the amount of $14,185.89 to Snyder & Associates, Inc., for engineering services on the Wildflower Basin Improvements project.
CA -23Consider motion to approve Payment #27 in the amount of $3,888.02 to Snyder & Associates, Inc., for engineering services on the NE Delaware Avenue Pedestrian Bridge & Sidewalk Connection project.
CA -24Consider motion to approve Payment #20 in the amount of $22,911.65 to Snyder & Associates, Inc., for engineering services on the S Ankeny Blvd & SE Shurfine Dr/SW Prairie Trail Pkwy Intersection Improvements project.
CA -25Consider motion to approve Payment #10 in the amount of $3,245.17 to Snyder & Associates, Inc., for engineering services on the SW Irvinedale Dr., Transmission Main - Phase 2 project.
CA -26Consider motion to approve Payment #7 in the amount of $11,683.03 to Snyder & Associates, Inc., for engineering services on the SE Crosswinds Drive - RISE project.
CA -27Consider motion to approve Payment #13 in the amount of $11,735.34 to Snyder & Associates, Inc., for engineering services on the High Trestle Trail Extension SW Ordnance to SE Magazine project.
CA -28Consider motion to approve Change Order #32 increasing the contract amount by $3,874.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -29Consider motion to approve Change Order #33 increasing the contract amount by $1,050.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -30Consider motion to approve Change Order #34 increasing the contract amount by $2,742.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -31Consider motion to approve Change Order #35 increasing the contract amount by $5,284.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -32Consider motion to approve Change Order #36 increasing the contract amount by $2,828.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -33Consider motion to approve Change Order #37 increasing the contract amount by $26,867.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -34Consider motion to approve Change Order #38 increasing the contract amount by $1,375.00 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -35Consider motion to approve Change Order #39 increasing the contract amount by $2,684.70 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project. 
CA -36Consider motion to approve Payment #17 in the amount of $441,796.93 to Stahl Construction for construction services on the Ankeny Kirkendall Public Library project.
CA -37Consider motion to approve the December 2, 2019 Accounts Payable. (Finance Committee: J. McKenna, Chp, K. Whiting, B. Bentz) 
•Personnel Items - none
•Community Development Items
CA -38Consider motion to adopt RESOLUTION accepting the final plat for Camden West Estates Plat 1 subject to applicable Polk County subdivision requirements in lieu of the City of Ankeny subdivision regulations.
CA -39Consider motion to adopt RESOLUTION accepting a public storm water management facility maintenance covenant and permanent easement agreement, located on a part of Lot 4, Prairie Ridge Center Plat 1; and associated with the development of the Ankeny Public Services Library Remodel.
•Engineering Items
CA -40Consider motion to adopt RESOLUTION accepting maintenance bond for water main, sanitary sewer and storm sewer in Kwik Trip/Kwik Star #1016 (202 SE Oralabor Rd)
CA -41Consider motion to adopt RESOLUTION accepting public improvements in Pointes West Villas Plat 1  for utilities.
CA -42Consider motion to adopt RESOLUTION accepting public improvements in 36 West Plat 1 for utilities.
CA -43Consider motion to adopt RESOLUTION accepting public improvements in 36 West Plat 1 for paving.
CA -44Consider motion to adopt RESOLUTION accepting public improvements in 36 West Plat 2 for utilities.
CA -45Consider motion to adopt RESOLUTION accepting public improvements in 36 West Plat 2 for paving.
CA -46Consider motion to adopt RESOLUTION accepting public improvements in 36 West Plat 3 for utilities.
CA -47Consider motion to adopt RESOLUTION accepting public improvements in Heritage Townhomes at Prairie Trail Plat 5 for utilities.
CA -48Consider motion to adopt RESOLUTION accepting public improvements in Heritage Townhomes at Prairie Trail Plat 5 for paving.
CA -49Consider motion to adopt RESOLUTION accepting public improvements in Parkway South at Prairie Trail Plat 1 for utilities.
CA -50Consider motion to adopt RESOLUTION accepting public improvements in Parkway South at Prairie Trail Plat 1 for paving.
•Capital Improvement Projects
CA -51NE Delaware Avenue & NE 18th Street Pedestrian Signal Modifications:  Consider motion to approve: a) Certificate of Completion; b) RESOLUTION accepting the public improvement with Howrey Construction, Inc., in the amount of $52,419.50; and c) Release of Retainage in the amount of $2,620.97     .
CA -52Ankeny Fire Station No. 3: Consider a motion to approve: a) Certificate of Completion; b) RESOLUTION accepting the public improvements with DDVI, Inc. in the amount of $3,370,994.38; and c) Retainage Payment in the amount of $55,699.72.
CA -53

Consider motion to adopt RESOLUTION approving the construction contract and bonds with Edge Commercial for the construction of the Ankeny Public Services Library Remodel Project.

•Administrative Items - none
•Final Consent Agenda Additions
•Approval of Consent Agenda Items
1.Consent Agenda Items CA-1 through CA-53
Action# E1-1. Consider motion to approve the recommendations for Consent Agenda Items CA-1 through CA-53.

F.SUPPLEMENTAL AND REMOVED CONSENT AGENDA ITEMS: none
G.RECESS - Gary Lorenz, Mayor
H.LEGISLATIVE BUSINESS:
•Approval of Ordinances:
1.Ord 1987An Ordinance amending the Code of Ordinances of the City of Ankeny, Iowa, by amending provisions pertaining to Chapter 90 Water Service System.
Action# H1-1. Consider motion to accept second consideration of ORDINANCE 1987.

2.Ord 1988An Ordinance amending the Code of Ordinances of the City of Ankeny, Iowa, by amending provisions pertaining to Chapter 91 Water Meters.
Action# H2-1. Consider motion to accept second consideration of ORDINANCE 1988.

3.Ord 1989An Ordinance amending the Code of Ordinances of the City of Ankeny, Iowa, by amending provisions pertaining to Chapter 98 Sewer Use Charges.
Action# H3-1. Consider motion to accept second consideration of ORDINANCE 1989.

4.Ord 1991An Ordinance amending Chapter 66, Load and Weight Restrictions, of the Municipal Code of the City of Ankeny, Iowa.
Action# H4-1. Consider motion to accept first consideration of ORDINANCE 1991.

Action# H4-2. Consider motion to accept staff request to suspend the rule that ordinances must be considered on three different days and accept second & third consideration of ORDINANCE 1991, sending it on its final passage and publication as required by law.

I.NEW BUSINESS:
1.

Proposed Sale of Real Estate located in the Southwest Quadrant of the Intersection of SW Ordnance Road and SW Des Moines Street. (PH 2019-67)

Action# I1-1. Consider motion to adopt RESOLUTION making final determination on the potential sale of real estate located in the southwest quadrant of the intersection of SW Ordnance Road and SW Des Moines Street within the City of Ankeny.

2.Proposed Amended Development Agreement - Kreg Enterprises, Inc. (PH 2019-68)
Action# I2-1. Consider motion to adopt RESOLUTION approving an Amended Development Agreement between the City of Ankeny and Kreg Enterprises, Inc.

J.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:
  • Joint P&Z Meeting - Zoning Code - 12/9/18 @ 5:30 p.m.
  • Public Hearing - NE 18th St & NE Trilein Drive Signalization - 12/16/19 @ 5:30 p.m.
  • Public Hearing - Ankeny City Hall Council Chambers Renovations - 12/16/19 @ 5:30 p.m.
  • Public Hearing - NW Northlawn Area Sanitary Sewer Improvements - 12/16/19 @ 5:30 p.m.
  • Public Hearing - Irvinedale Drive Transmission Main - Phase 2 - 12/16/19 @ 5:30 p.m.
  • Public Hearing - Annexation - Grand Capital, LC - 12/16/19 @ 5:30 p.m.
  • Regular City Council Meeting - 1/6/20 @ 5:30 p.m.
K.ADJOURNMENT
1.Request for Executive Session under Code Section 21.5.1 (C)
Following adjournment of the Executive Session, Council may take action on any matter discussed during the Executive Session.
Action# K1-1. Consider motion to go into Executive Session, pursuant to the provisions of Iowa Code Section 21.5, subparagraph (c) “to discuss 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 governmental body in that litigation”.

2.Adjournment