City Council Minutes - September 8, 2009

On Item 5a Amendment to City Code -Title 9 Zoning - Establish New Landscaping Chapter to Locate All Existing Landscaping Requirements in Title 9; Codify Existing Landscaping Policies, an

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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 1 Agenda City Clerk Smith requested on behalf of staff to change Item 5(a)

Amendment to City Code -Title 9 (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 2 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 3 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

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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 4 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 Approval of Minutes of August 24, 2009 Meeting

b Approval of Bill Lists

c Approval of Liquor Licenses:

1 Bradley’s Pub, Inc., d/b/a Bradley’s Pub, 1300 50th Street, Suite 203 - Class LC

Liquor License with Sunday Sales - Renewal

2 Hotel Des Moines, LLC, d/b/a Staybridge Suites, 6905 Lake Drive - Class LB

Liquor License and Class WB Permit with Sunday Sales - Renewal

3 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

4 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

5 GMRI Inc., d/b/a Red Lobster #796, 3838 Westown Parkway - Class LC Liquor

License with Sunday Sales - Renewal

6 J D Carpenter Companies, Inc., d/b/a Shortshop #46, 1850 22nd Street - Class

BC Permit with Sunday Sales and Carryout Wine Privileges - Renewal

7 Fall Foods, Inc., d/b/a Godfathers Pizza, 5919 Ashworth Road -Class BB Permit

with Sunday Sales - Renewal

8 SA Petro Mart, Inc., d/b/a SA Petro Mart / Conoco, 1361st Street - Class BC

Permit with Sunday Sales - Renewal

9 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

d Approval of Grant Applications:

1 I-Jobs Grant - Fire

2 Transportation Investment Generating Economic Recovery (TIGER) Grant

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3 Economic Development Grant - Midland Life Insurance Company

e Acceptance of Grants:

1 Byrne/Jag Grant #1 - Police

2 Byrne/Jag Grant #2 - Police

f Approval of Polk County Multi-Jurisdictional Hazard Mitigation Plan

g Approval of Agreements:

1 WDM Magazine Advertising - City Manager’s Office

2 Medical Director - Fire Department

h Approval of Change Orders:

1 Raccoon River Park Nature Lodge Retaining Walls

2 2008 Court Resurfacing Project

3 Median Improvement Project

4 Jordan Creek Parkway Median Improvements

1 Historic City Hall Restoration

2 Valley Junction Sprinkler System, Phase I

j Accept Work:

1 Raccoon River Park Nature Lodge Retaining Walls

2 2008 Court Resurfacing Project

3 Raccoon River Park Nature Lodge Patio

4 Jordan Creek Parkway Median Improvements

k Approval of Readdressing - Colby Davis Annexation

l Approval and Acceptance of Sidewalk Easement - Ashawa Substation

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 façade 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

Motion carried

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On Item 5(a) Amendment to City Code -Title 9 (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

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

It was moved by Parks, second by Ohmart to approve the second reading of the ordinance

Motion carried

It was moved by Parks, second by Ohmart to waive the third reading and adopt the ordinance in final form

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

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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 4th Street and authorize the Mayor to sign the development agreement, subject to the following:

1 The disposal is subject execution of a development agreement

2 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

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

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

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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

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

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

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to T & T Sprinkler Services.

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

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

Motion carried

Item 7(a) Revised Bridgewood North, northeast corner of Bridgewood Boulevard and 81st Street

- Subdivide Property into 31 Lots, and 123 Postage Stamp Lots for Residential Development, 1 Public Street Lot and 8 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, 1 lot for

a public street, 5 outlots for common open space, and 3 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:

1 The applicant meeting with the Fire Marshal to discuss phasing of streets so maximum

dead end lengths are not exceeded

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2 The applicant meeting with the Fire Marshal and Chief Building Official to discuss

phasing of buildings and applicable Fire and Building Codes

3 Adequate access, as determined by the Fire Marshal, shall be maintained to the site at all

times

4 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

5 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

6 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

7 All buffer landscaping is to be installed in association with the final platting of the

adjacent property

8 The final plat must be approved and recorded prior to issuance of any building permits

9 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

Motion carried

On 7(b) Raccoon River Plat 1, northwest corner of Grand Avenue and South 88th Street -

Subdivide Property into 1 Lot for Commercial Development, 2 Public Street Lots and 2 Outlots -Microsoft Corporation

It was moved by Sieman, second by Parks to adopt a resolution for approval of a Final Plat, Raccoon River Plat 1 to establish 1 lot for future development, 2 public street lots and 2 outlots for use as a drainage channel, subject to the applicant complying with all other applicable City

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Code requirements and the following:

1 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,

2 The applicant executing the appropriate Storm Water Management Facility Maintenance

Covenant and Permanent Easement Agreement prior to approval of a site plan for Lot 1 and initiation of any site development activities

Motion carried

On Item 7(c) Pedcor Plat of Survey, northwest corner of Bridgewood Boulevard and 88th Street -Creation of 1 Parcel for Transfer of Ownership - Hidden Creek, LLC

Chris Shires, responded to questions from the City Council regarding the creation of 1 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 1 lot for the purpose of transferring ownership, subject to complying with all other applicable City Code requirements and the following:

1 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

Motion carried

On 7(d) Whisper Ridge Plat of Survey, west of 88th Street and South of future E P True

Parkway - Create 1 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:

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1 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

2 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

Motion carried

On Item 7(e) Amendment to City Code - Title 3 (Business and Licensing), Chapter 2 (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

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 6 (Motor Vehicles and Traffic), Chapter 6 (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

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