PLEASANT HILL CITY COUNCIL REGULAR SESSION NOVEMBER 13, :30 PM

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1 PLEASANT HILL CITY COUNCIL REGULAR SESSION NOVEMBER 13, :30 PM 1. CALL TO ORDER/ROLL CALL 2. APPROVAL OF AGENDA 3. PRESENTATION - Fire Department Award 4. PUBLIC HEARING a. General Obligation Urban Renewal Public Safety Facility Loan Agreement i. Resolution Expressing Intent to Enter Into General Obligation Urban Renewal Public Safety Facility Loan Agreement and Issue General Obligation Bonds 5. PUBLIC INPUT (5 MINUTES FOR ITEMS NOT ON THE AGENDA) 6. CONSENT ITEMS a. Council Minutes - dated b. Claims Listing - dated c. Library Board Minutes dated d. Public Arts Advisory Commission dated e. Tax Abatement Report dated October 2018 f. Public Works Dept. Monthly Report dated October 2018 g. Resolution # Approval of Amended Cooperative Services 28E Agreement with Polk County h. Resolution # Approval of Payment Application No. 5 NE 70 th Street Improvements Project i. Resolution # Approval of Payment Application No. 1 City Hall Suite B Renovation 7. BUSINESS ITEMS a. Second Reading of Ordinance 847 Replacing Chapter 161, Communications Towers and Antennas b. Second Reading of Ordinance 848 Amending Chapter 173, Architectural Standards c. Third Reading of revised Ordinance 843 Rezoning R-2 One and Two Family Dwelling to R-4 Planned Unit Development d. Resolution # Approval of Preliminary Plat and Site Plan for Lexington Park e. Third Reading of Ordinance 845 Dedication of Parkland, and Zoning Open Space and Landscaping Requirements f. Third Reading of Ordinance 846 Chapter 122: Peddlers, Solicitors, Transient Merchants, and Mobile Food Units g. Resolution # Approval of Procurement Policy for Federal Funds h. Resolution # Approval of Solicitation of Bids for Electrical Repairs at Copper Creek Lake Park i. Resolution # Approval of Intergovernmental 28E Agreement for the Des Moines Area Metropolitan Planning Organization 8. CLOSING COMMENT 9. ADJOURNMENT 1

2 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER GENERAL OBLIGATION URBAN RENEWAL PUBLIC SAFETY FACILITY LOAN AGREEMENT BACKGROUND: Over the last few years, the City Council has steadily been working on the long-term space needs of all of the City s public facilities, which was examined by the council nearly 8 years ago. During that process, the construction of a new public safety facility was identified as a critical and urgent need for prioritization. The City has completed a space needs analysis along with a location study for a building to house the Police Department and to serve as a future auxiliary fire and EMS response station. An appointed committee of citizens, business representatives, and public safety experts have been working for many months to review the needs and opportunities for the facility and has now asked the Council to move forward as quickly as possible. A land agreement has been approved with All Points Development that has secured a well-suited location. The future public safety facility will be located in an area west of 70 th Street and along an upcoming extension to Meacham Drive. The project is now part of the City s Urban Renewal Plan and the next step in the process is the issuance of bonds needed to fund the project. Attached is a resolution expressing the City s intent to enter into a general obligation urban renewal public safety loan agreement for the construction of a new public safety facility in an amount not to exceed $12,680,000. Following approval of the resolution, the City will be able to quickly move forward with architect selection and project design for a construction start in ALTERNATIVES: Not approve the resolution. However, the priority public safety project would not be able to move forward at this time. FINANCIAL CONSIDERATIONS: The loan agreement figure is based upon a detailed cost estimate for the facility prepared by Ryan Companies. RECOMMENDATION: Approval of the attached resolution for the general obligation urban renewal public safety facility loan agreement 2

3 RESOLUTION NO Expressing Intent to Enter Into General Obligation Urban Renewal Public Safety Facility Loan Agreement and issue General Obligation Bonds WHEREAS, the City Council of the City of Pleasant Hill, Iowa, has established the Pleasant Hill Urban Renewal Area, pursuant to Chapter 403 of the Code of Iowa, has approved an urban renewal plan for that Area and has approved an urban renewal project consisting of the construction, furnishing and equipping of a public safety facility (the Urban Renewal Project ); and WHEREAS, the Council has proposed to enter into a General Obligation Urban Renewal Public Safety Facility Loan Agreement (the Loan Agreement ) and issue bonds in a principal amount not to exceed $12,680,000, pursuant to the provisions of Chapters 384 and 403 of the Code of Iowa, for the purpose of financing the Urban Renewal Project, and has published notice and held a hearing on the proposal, and no petition has been filed asking that the question of entering into the Loan Agreement be submitted to the voters of the City; and WHEREAS, the city council intends to enter into the Loan Agreement in the future and to issue General Obligation Bonds in an amount not to exceed $12,680,000 (the Bonds ); NOW, THEREFORE, Be It Resolved by the City Council of the City of Pleasant Hill, Iowa, as follows: Section 1. The City Council hereby expresses its intent to enter into the Loan Agreement and issue the Bonds in the future and further declares that this resolution shall constitute the additional action required by Sections and of the Code of Iowa. Section 2. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved November 13, Attest: Mayor City Clerk 3

4 PLEASANT HILL CITY COUNCIL REGULAR SESSION OCTOBER 23, :30 PM 1. CALL TO ORDER/ROLL CALL Mayor Sara Kurovski called the Pleasant Hill City Council meeting to order on October 23, 2018 at 6:30 p.m. in the City Council Chambers. PRESENT: Ross Grooters, Curt Gause, Barb Malone, and Mark Konrad. ABSENT: Dean Cooper. 2. APPROVAL OF AGENDA Malone/Konrad moved to approve the agenda. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried PUBLIC HEARINGS a. Amending Chapter 161 Communication Towers and Antennas Mayor Kurovski opened the Public Hearing on Amending Chapter 161 Communication Towers and Antennas at 6:31 p.m. Associate Planner Chris Widmer explained that the proposed updates include modifications to the City s Chapter 161 Communication Towers and Antennas. The ordinance modifications require a public hearing to be held for consideration of the changes. Chapter 161 is being updated because of required changes that need to be made due to modifications in state law which prohibit the City s ability to regulate many aspects of the location and citing of cell towers throughout the community. The changes to the chapter regulate the bulk regulations for location of cell towers within the community including setbacks, pole type, and screening. The ordinance also outlines the application process for Small Wireless Facilities. Councilmember Grooters inquired if home rule is restored, how that would affect modifications in the future. After hearing no further comments or questions from the public, the Mayor closed the public hearing at 6:33 p.m. i. First Reading of Ordinance 847 Replacing Chapter 161, Communications Towers and Antennas Konrad/Malone moved to approve the First Reading of Ordinance 847 Replacing Chapter 161, Communications Towers and Antennas. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. b. Amending Chapter 173 Architectural Standards Mayor Kurovski opened the Public Hearing on Amending Chapter 173 Architectural Standards at 6:34 p.m. Associate Planner Chris Widmer explained that the proposed updates include modifications to the City s Chapter 173 Architectural Standards. The ordinance modifications require a public hearing to be held for consideration of the changes. The modifications to Chapter 173 are a standard update to the language of the newly adopted Architectural Standards. This minor amendment is to clarify and address the use of fabric structures for both temporary and permanent uses. Planning & Zoning Commissioned recommended the approval of Chapter 173 allowing for the use of structures with fabric exteriors only for temporary structures and permitting fabric roofs for permanent use in I-3 Zoning Districts. Hearing no comments or questions from the public, the Mayor closed the public hearing at 6:35 p.m. i. First Reading of Ordinance 848 Amending Chapter 173, Architectural Standards Malone/Grooters moved to approve the First Reading of Ordinance 848 Amending Chapter 173, Architectural Standards. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. c Urban Renewal Plan Amendment Mayor Kurovski opened the Public Hearing on 2018 Urban Renewal Plan Amendment at 6:35 p.m. City Manager Ben Champ explained that the City of Pleasant Hill has an established urban renewal area that provides for the possibility of using tax increment funds within the area along with the potential establishment of tax increment financing districts. At this time, the City has an interest in amending the urban renewal plan to note a new project that may occur within the urban renewal area in the future. The purpose of this agenda item is for the consideration of an amendment to the plan to list a municipal public safety facility. The City Council has identified the need for a new public safety facility and has entered into an agreement for the future location of the building in an area west of 70 th Street and along an upcoming extension of Meacham Drive. This is a resolution that approves the listing of the project. Hearing no comments or questions from the public, the Mayor closed the public hearing at 6:36 p.m. i. Resolution Approval of 2018 Urban Renewal Plan Amendment Grooters/Gause moved to approve Resolution Approval of 2018 Urban Renewal Plan Amendment. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. d. Pleasant Hill Boulevard and Vandalia Road Improvements Project Mayor Kurovski opened the Public Hearing on Pleasant Hill Boulevard and Vandalia Road Improvements Project at 6:36 p.m. City Manager Ben Champ explained that the City has been working with Kirkham Michael on the Pleasant Hill Boulevard and Vandalia Road Intersection project and Southeast Connector project since The project engineers have 4

5 completed the plans and specifications for the project under the regulations required for a project receiving federal funds. The project bid letting occurred last week through the Iowa Department of Transportation on October 16 th. Six bids were received ranging from $9,360,000 to $12,399,999 with Elder Corporation as the lowest responsive and responsible bidder. This is a resolution approving the plans, specifications and contract award to Elder Corporation. Councilmember Konrad said he was glad the project was less than estimated. Hearing no comments or questions from the public, the Mayor closed the public hearing at 6:37 p.m. i. Resolution Approval of Plans, Specifications, and Project Award for the Pleasant Hill Boulevard and Vandalia Road Improvements Project Konrad/Malone moved to approve Resolution Approval of Plans, Specifications, and Project Award for the Pleasant Hill Boulevard and Vandalia Road Improvements Project. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried PUBLIC INPUT (5 MINUTES FOR ITEMS NOT ON THE AGENDA) There were none. 5. CONSENT ITEMS Malone/Gause moved to approve the CONSENT ITEMS: Council Minutes - dated , Claims Listing - dated , Expenditure Report - dated , Revenue Report - dated , Treasurer's Report - dated , Resolution # Transfer of Funds, Emergency Fund to Equipment Replacement Fund, Resolution # Transfer of Funds, Employee Benefits Fund to General Fund, Resolution # Setting Date for Public Hearing on General Obligation Urban Renewal Public Safety Facility Loan Agreement. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried BUSINESS ITEMS a. Resolution # Approval of Annexation Agreement with Joe Bianchi and Melissa Horton for Property at 7581 SE 6 th Avenue Grooters/Konrad moved to approve Resolution # Approval of Annexation Agreement with Joe Bianchi and Melissa Horton for Property at 7581 SE 6 th Avenue. City Manager Ben Champ explained that these agreements have been submitted by Joe Bianchi and Melissa Horton for future voluntary annexation of property legally known as Lot 8, Rockhold Acres and locally known as 7581 SE 6 th Avenue. The property is located in unincorporated Polk County in an area west of 80 th Street and is within the City s extraterritorial planning boundary. This resolution approves the agreement with the owners of 7581 SE 6 th Avenue to provide future voluntary annexation in exchange for discounted sanitary sewer connection fees. These agreements are consistent with past practice to create positive relationships with unincorporated residents and protect the City s long term need for responsible annexation. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. b. Appointment of Des Moines Area Regional Transit (DART) Representatives (Sara Kurovski with alternate Ross Grooters) Malone/Konrad moved to approve the Appointment of Des Moines Area Regional Transit (DART) Representatives (Sara Kurovski with alternate Ross Grooters). City Manager Ben Champ explained that the Des Moines Area Regional Transit Authority (DART) is now operating under a new governance structure and 28E agreement. The Commissioners and Alternates now need to be appointed on an annual basis and the current terms for Commissioners and Alternate Commissioners will end on December 31, The Mayoral appointments need to be completed by November 1, 2018 for the calendar year appointments for The Mayor is recommending the reappointment of the existing representatives of Sara Kurovski as the primary representative and Ross Grooters as the alternate representative. Councilmember Grooters said he appreciated the opportunity to serve and added that if you are a rider, it would be good to hear from you and how you utilize this service. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. c. Second Reading of revised Ordinance 843 Rezoning R-2 One and Two Family Dwelling to R-4 Planned Unit Development Konrad/Gause moved to approve the Second Reading of revised Ordinance 843 Rezoning R-2 One and Two Family Dwelling to R-4 Planned Unit Development. Associate Planner Chris Widmer explained that the City has received a proposed zoning assignment for the east portion of property at 180 N Pleasant Hill Boulevard generally located south of Fairview Drive, west of N Pleasant Hill Blvd, and north of E Oakwood Drive. The property is currently one acre parcel owned by Nathaniel Hurst with one single-family residence located at the corner of N Pleasant Hill Blvd and Fairview Drive. Paramount Homes is the applicant proposing a rezoning of 5.66 Acres along the east portion of the parcel from the current R-2 One and Two Family to R-4 Planned Unit Development with the intention of subdividing this section of the parcel into single-family semi-attached and single-family lots. The zoning will allow for the construction of single-family semi-detached homes on private streets with smaller front setback minimums. Councilmember Konrad asked if there had been any comments since the first reading, to which Mr. Widmer said there had not been any since the last reading. Councilmember Malone asked about the two concepts in the packet. Mr. Widmer explained that only the PUD Master Plan is the one being voted on this evening. It shows the potential layout for 30-units for development showing a density of approximately 5.3 units per acre. A similar density to the surrounding neighborhood and is well below the maximum 8.7 units per acre allowed in R-2 Zoning District. The site plan is in review and is not final. It is only a draft of the plat and site plan and was included only as a supplement to the rezoning item. It is currently 5

6 under review by staff. The next step in the future development of the property is assigning the proper zoning. Planning and Zoning Commission recommended approval of the R-4 zoning subject to Preliminary Plat approval occurring within one year, a condition which the developer has consented to. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. d. Second Reading of Ordinance 845 Dedication of Parkland, and Zoning Open Space and Landscaping Requirements Grooters/Malone moved to approve the Second Reading of Ordinance 845 Dedication of Parkland, and Zoning Open Space and Landscaping Requirements. Associate Planner Chris Widmer explained that the modifications to the Landscaping and Buffering Ordinance include clarifications and definitions of allowable plantings including allowing for prairie grass plantings throughout the community. The chapter also updates the prohibited tree list and provides clarity on the requirements for appropriate buffers. Modifications to the Dedication of Parkland Ordinance include language which ties the parkland dedication to the maps provided in the City s adopted Parks, Recreation and Open Space Plan to create planned park sites no less than 7.5 acres in size. The ordinance also provides alternatives for a developer to provide actual park improvements of the same value of land to be dedicated instead of parkland. Credit can also be received by a developer for stream buffer dedication to supplement parkland dedication. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. e. Second Reading of Ordinance 846 Chapter 122: Peddlers, Solicitors, Transient Merchants, and Mobile Food Units Gause/Malone moved to approve the Second Reading of Ordinance 846 Chapter 122: Peddlers, Solicitors, Transient Merchants, and Mobile Food Units. Associate Planner Chris Widmer explained that the modifications to Chapter 122, Peddlers, Solicitors, and Transient Merchants incorporate regulations to allow Food Trucks to operate in the City outside of special events. Currently, food trucks are only allowed as a part of a special event application. The ordinance modifications provide for a permitting and licensing process in which food trucks would be able to operate a unit on private property with the permission of the property owner in a commercial or industrially zoned district with an active business use. Food trucks are only allowed on public property with the approval of a special event application. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. f. Resolution # Approval of Parks and Recreation Fees Grooters/Konrad moved to approve Resolution # Approval of Parks and Recreation Fees. Park and Recreation Manager Rick Courcier explained that the Parks and Facility Use Fees reflect fees charged by the City for use of park facilities. The fees are set to help offset some of the operating costs of these facilities. Periodically, staff reviews and compares rates with other adjacent metro cities. Staff recommends an increase in the shelter use fee from $35/day to $40/day. The last rate increase was in The fee schedule summarizes the proposed park and facility use fees for Any changes to the rates will be effective January 1, The Parks and Recreation Commission has reviewed the proposed fee schedule and recommends its approval to City Council. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried CLOSING COMMENT There were none. 8. ADJOURNMENT Malone/Gause moved to adjourn the meeting. ROLL CALL: AYES: Grooters, Gause, Malone, Konrad. NAYS: None. Motion carried 4-0. The meeting was adjourned at 6:50 p.m. Sara Kurovski, Mayor ATTEST: Dena J. Spooner, City Clerk/Finance Director 6

7 :06 PM VENDOR SET: 01 CITY OF PLEASANT HILL REPORTING: PAID A C C O U N T S P A Y A B L E O P E N P U I T E M B L I C A R E P O R T T I O N PAGE: 1 BANK: ALL ======PAYMENT DATES======= PAID ITEMS DATES : 10/24/2018 THRU 11/13/2018 VENDOR NAME DESCRIPTION GROSS AMOUNT ACCO BRANDS DIRECT DAY-TIMER PLANNER ACME TOOLS REPAIR FRAMING NAILER ADA MOWING MOWING 5, ADAM JOBE HOSE TESTER GAUGE AFLAC INSURANCE INSURANCE 1, AMAZON.COM BOOKS 1, AMERICAN MARKING REPLACEMENT PLAQUE AMERICAN PLANNING ASSN MEMBERSHIP DUES 1, ANDERSON ERICKSON DAIRY BREAKFAST WITH SANTA SUPPLIES ANIMAL RESCUE LEAGUE LIVE ANIMAL INTAKE ARDICK EQUIPMENT CO., INC SCHOOL ZONE SPEED SIGNS ARROW INTERNATIONAL, INC. EZ-IO DRIVER BAKER & TAYLOR BOOKS BEN FREEBORN CUSTODIAL 2, BOUNDTREE MEDICAL MEDICAL SUPPLIES BRIAN A. ISAACSON REPAIR SANDERS-SNOW PLOWS BRICK, GENTRY, BOWERS LAW LEGAL COUNSEL 12, BSN/PASSON'S/GSC CONLIN BATTING CAGE EQUIPMENT CANINE TACTICAL K-9 CERTIFICATION CAPITAL CITY EQUIPMENT CO OPERATING SUPPLIES CHRISTIAN PRINTERS, INC. BUSINESS CARDS/ADDITIONAL POSTAGE CINTAS FLOOR MATS CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES COLLECTION SERVICES GARNISHMENT WITHHOLDING 1, COMMERCIAL APPRAISERS OF I APPRAISAL 4, COMPLETE PLUMBING SERVICES MAINTENANCE/SUMP PUMP 1, CONFLUENCE HICKORY GLEN PARK - PHASE 2 21, CONSOLIDATED MANAGEMENT EDUCATION CRYSTAL CLEAR WATER CO. OPERATING SUPPLIES 7.25 D.R.I.V.E. D.R.I.V.E. DEDUCTION DE VRIES EQUIPMENT SAFETY INSPECTION-MOHAWK LIFT DEMCO SIGNS/BOOK PROCESSING SUPPLIES 2, DENA SPOONER MEMBERSHIP/TRAVEL REIMB ELECTRONIC ENGINEERING MINOR EQUIPMENT EMERGENCY APPARATUS MAINTE REPAIR E431 1, ETHOS DESIGN GROUP LIBRARY IMPROVEMENTS 1, FORTERRA PIPE & PRECAST MASTIC COMPOUND-STORM SEWERS G&L CLOTHING WORK SHOES GALE RIVAS PROGRAM SUPPLIES GALLS LLC UNIFORMS GRAINGER TRANSFER PUMP 1, GREATER DES MOINES CONVENT IOWA BUSINESS HALLETT MATERIALS RECYCLED CONCRETE-STREET REPAI HAWKEYE TRUCK EQUIPMENT DEFLECTOR-SAND/SALT SPREADER

8 :06 PM VENDOR SET: 01 CITY OF PLEASANT HILL REPORTING: PAID A C C O U N T S P A Y A B L E O P E N P U I T E M B L I C A R E P O R T T I O N PAGE: 2 BANK: ALL ======PAYMENT DATES======= PAID ITEMS DATES : 10/24/2018 THRU 11/13/2018 VENDOR NAME DESCRIPTION GROSS AMOUNT HIGHWAY 163 PARTNERS, LLC HWY 163 DEVELOPMENT AGMT 2/4 31, HILLYARD/DES MOINES JANITORIAL SUPPLIES HUTCHINSON SALT COMPANY, I ROAD SALT 28, HY-VEE - LIBRARY ACCOUNT PROGRAM SUPPLIES HY-VEE - POLICE ACCOUNT VEHICLE OPERATING SUPPLIES HYDRO KLEAN SEWER ASSESSMENT/HYDRO-EXCAVATE 8, I WORK & PLAY - PRO LINES, UNIFORMS ICMA-RC DEFERRED COMPENSATION 2, IDALS PESTICIDE LICENSE IDEAL FLOORS, INC. SOUTH COMPLEX IMPROVEMENTS IMWCA WORKER'S COMP PREMIUM , INTERNAL REVENUE SERVICE FED WITHHOLDING 76, IOWA CONCRETE CUTTING, INC DRILL HOLES FOR STEEL BOLLARDS IOWA DEPT OF REVENUE & FI STATE WITHHOLDING 14, IOWA LAW ENFORCEMENT ACADE EDUCATION IOWA WORKFORCE DEVELOPMENT UNEMPLOYMENT INSURANCE IPERS-REGULAR IPERS CONTRIBUTIONS 49, ISENBERGER ASSOCIATES, INC HEADSHOT SESSIONS ISU POLK COUNTY EXTENSION CLASS INSTRUCTION-BABYSITTING J. BENJAMIN CHAMP TRAVEL REIMBURSEMENT KANSAS CITY LIFE INSURANCE LTD PAYROLL DEDUCTION TAXED 2, KARL CHEVROLET 2019 TAHOE WITH LIGHTING-FD 44, KATIE SLOAN TRAVEL REIMBURSEMENT KECK, INC FUEL - AUG/SEP , KIESLER'S POLICE SUPPLY, I MISCELLANEOUS EQUIPMENT KOCH BROTHERS COPIER CONTRACT-7/28-10/27/ LANDSCAPE TECHNOLOGIES LANDSCAPE REPAIR 2, LEGISLATIVE SERVICES AGENC 2019 IOWA CODE LIBERTY READY MIX CONCRETE-STREET REPAIR 2, LOGAN CONTRACTORS SUPPLY PIPE BOLLARDS-HOTSY WASHER MARCIA FOSTER EDUCATION-SPANISH MEDIACOM INTERNET ACCESS MENARDS-ALTOONA OPERATING SUPPLIES 1, METRO WASTE AUTHORITY MONTHLY CURB-IT - OCT , MIDAMERICAN ENERGY CO ELECTRIC MISCELLANEOUS VENDOR FALLEN OFF MEMORIAL/PROG/EDUCATION 1, MMC CONTRACTORS A/C REPAIR 18, MUNICIPAL SUPPLY DRAIN GATES NEW YORK LIFE INSURANCE LIFE INSURANCE DEDUCTION NORTHLAND RETURNED OIL-FLOOD WATER CONTA O'REILLY AUTO PARTS BATTERY - # OFFICE OF AUDITOR OF STATE FY18 AUDIT FILING FEE PARTSMASTER RATCHET LINE WRENCH PETTY CASH FUND - CH OPERATING SUPPLIES/TRAVEL REIM PITNEY BOWES PURCHASE POWE POSTAGE/SHIPPING POLK COUNTY TREASURER ANIMAL CONTROL FEES 1,

9 :06 PM VENDOR SET: 01 CITY OF PLEASANT HILL REPORTING: PAID A C C O U N T S P A Y A B L E O P E N P U I T E M B L I C A R E P O R T T I O N PAGE: 3 BANK: ALL ======PAYMENT DATES======= PAID ITEMS DATES : 10/24/2018 THRU 11/13/2018 VENDOR NAME DESCRIPTION GROSS AMOUNT PORTER DO IT BEST SOUTH COMPLEX FALL DECOR PRAIRIE AG SUPPLY SCAG - ZERO TURN MOWER 9, QUILL OFFICE SUPPLIES RACOM CORPORATION MISCELLANEOUS CONTRACT 2, RAY O'HERRON CO., INC. MISCELLANEOUS EQUIPMENT 2, READERS DIGEST MAGAZINE RECORD AUTOMATIC DOORS, IN REPAIR AUTOMATIC DOORS-CITY HA RELIANCE STANDARD DENTAL/VISION COVERAGE 8, RELIASTAR LIFE INSURANCE C DEFERRED COMP - ING 7, RHINER PLUMBING PERMIT REIMBURSEMENT ROCKFORD RIGGING CHAINS-HANG MATERIAL SPREADERS ROSS CHEMICAL SYSTEMS, INC MAINTENANCE SUPPLIES SANDRY FIRE SUPPLY, L.L.C. CHEMGUARD ATTACK FOAM SHERWIN WILLIAMS - ALTOONA STRIPING PAINT-FALL SOCCER SHRED-IT USA ON-SITE SHREDDING TOTES TASC FLEXIBLE DEP BENE PLAN 5, TEAMSTERS LOCAL UNION #238 UNION DUES DEDUCTION THE EQUITABLE DEFERRED COMP - THE EQUITABLE 1, THE GRAVEDIGGER LLC OPEN/CLOSE GRAVE THE HARTFORD DEFERRED COMP - THE HARTFORD 2, THE WALDINGER CORP INSTALL STREET LIGHT HEAD 3, TOMPKINS INDUSTRIES INC HYDRAULIC HOSE-TRUCK # UNITED WAY OF CENTRAL IA UNITED WAY CONTRIBUTION US CELLULAR CELL PHONE SERVICE VERIZON WIRELESS MISCELLANEOUS CONTRACT 1, VISA CARD SERVICES TRAVEL/CONFERENCE 5, WASTE SOLUTIONS OF IA KYBO RENTAL WATCH GUARD MISCELLANEOUS CONTRACT WELLMARK BLUE CROSS BLUE S COBRA HEALTH INSURANCE 53, WES JARNAGIN, INC. SOUTH COMPLEX IMPROVEMENTS 1, WINDSTREAM PHONE SERVICE - CITY COMPLEXES 1, ** TOTAL ** -City of Pleasant Hill 500,

10 :06 PM VENDOR SET: 01 CITY OF PLEASANT HILL REPORTING: PAID A C C O U N T S P A Y A B L E O P E N P U I T E M B L I C A R E P O R T T I O N PAGE: 4 BANK: ALL FUND TOTALS 001 GENERAL 270, ROAD USE 59, CAPITAL PROJECTS 11, TIF CAPITAL PROJECTS 57, SEWER 37, SOLID WASTE 8, EQUIPMENT REPLACEMENT 54, STORM WATER GRAND TOTAL 500,

11 Pleasant Hill Library Board of Trustees September 27, :00 p.m. ROLL CALL: Vice President Jill Duden called the meeting to order at 6:00 p.m. Trustees Present: Janette Diamond, Jill Duden, Steve Messer and Christine Ross. Absent: Michael Diver. Also present: Library Director John Lerdal, City Manager J. Benjamin Champ, and Council Liaison Ross Grooters. Tour to follow adjournment of meeting : APPROVAL OF THE AGENDA: DIAMOND/ROSS moved to approve the agenda. All ayes : APPROVE MINUTES: ROSS/MESSER moved to approve the minutes of the August 23, 2018 meeting. All ayes : PUBLIC INPUT: None : CONSENT AGENDA: DIAMOND/ROSS moved to approve bills from August 23, 2018 to September 27, 2018 in the amount of $ 15,462.42, meeting dates of October 25, 2018 and November 15, The November meeting date is one week earlier because of Thanksgiving. ValueLine is a paper guide that is an in depth analysis of investments. This is a notebook with updates every two weeks. All ayes. NEW BUSINESS: : Friends Membership Drive Jacquie Timmons, Treasurer of Friends, is working on a brochure to be sent to members with pictures of changes in the Library. At their last meeting, they approved $5, for new furniture for the Library. The membership drive is one of two of their fund raising activities throughout the year : Renovation Project Update Library reopened September 4 with lots of activity by contractors finishing up. Director Lerdal met with interior designer with Ethos to discuss new furniture. The teen and casual seating area will be the first areas for new furniture. They will also be working on new signage for the Library. Work is still in progress with the children s area. The area is in a new location and the majority of comments have been positive. The books on cd have been relocated to the adult area of the Library. Other items will be moved around as time progresses. Signs will be posted in each area to designate the particular area to help patrons locate items. Trustees reviewed options for furniture; $12,600 is the approximate cost for new furniture. Some expenses were included in this month s bills. The Friends have approved $5, for new furniture. It is anticipated we will spend approximately $15, with some of the cost for reupholstering some of the current furniture, i.e.: casual seating area. As of September 30, 2018, 24.65% of this fiscal year s budget has been spent, including additional spending on supplies for packing items, etc. for the renovation. This is on track with spending for the fiscal year. There is $26,000 in a cash/savings reserve fund and $7,500 in a CD investment fund that are investments from donations to the Library. Director Lerdal is proposing that in addition to the $5,000 from the Friends to use approximately $10,000 of the cash/savings reserve fund for reupholstering and purchasing furniture. To use the fund will require a budget amendment as the funds are in a reserve/savings fund, not included in the current general fund budget. The CIP funds were spent on carpet, paint and some furniture. DIAMOND/ROSS moved to authorize the use of the reserve funds to be transferred to the general fund in an amount not to exceed $15,000.00, requiring a budget amendment for this fiscal year. All ayes : Ribbon Cutting on October 13, 2018 Ribbon cutting will be held on Saturday, October 13, 2018 at 1:00 p.m. A bounce house and activities will be held as part of the ribbon cutting. The cost of the bounce house will be $150. A contest will be initiated that day to name the teen area. If anyone would like to speak that day, that will be great. Director Lerdal will look into insurance for the event. A fact sheet will be available about the library services available. 11

12 : Halloween Party The Halloween Party is scheduled for Friday, October 19, 2018 at the Youth Center from 6:30 to 8:00 p.m. This event is co sponsored with the Park and Recreation Department. There is always a great turnout. Volunteers are needed. Stations for different activities will be set up around the Youth Center. OLD BUSINESS: Nothing to report. LIBRARY DIRECTOR S REPORT: Staff has been working on getting monitors installed to show events/meetings being held in the Library and what area they are in, etc. Two monitors will be purchased and installed with a wireless connection and use a power point type of software. A listing of upcoming programs will be available at the Library in addition to the Community Guide that is being mailed today. AGENDA ITEMS FOR NEXT MEETING: a. Ribbon Cutting b. Furniture Update c. Halloween Party d. Friends Membership Drive e. Final Renovation Costs TRUSTEES COMMENTS: a. Jan Diamond Library looks great look forward to walk through. b. Michael Diver Absent c. Jill Duden Looking forward to walk through. d. Steve Messer Looks great e. Christine Ross Job well done ADJOURNMENT: DIAMOND/MESSER moved to adjourn. All ayes. Meeting adjourned at 6:35 p.m. Cindy Konrad Recording Secretary 12

13 PUBLIC ARTS ADVISORY COMMISSION July 23, :00 P.M. 1. CALL TO ORDER/ROLL CALL Chairperson Amanda James called Public Arts Advisory Commission regular meeting to order at 6:00 p.m. on July 23, 2018 in the City Council Chambers. Present: Suzanne Cantrell, Matthew Gaul, Gina Gazzo, Amanda James and Nora Schatzberg. Absent: Regina Glawe. 2. APPROVAL OF AGENDA CANTRELL/SCHATZBERG moved to approve the agenda. Ayes: Unanimous. Motion carried. 3. APPROVAL OF MINUTES OF JUNE 25, 2018 REGULAR MEETING SCHATZBERG/CANTRELL moved to approve the minutes of the June 25, 2018 regular meeting. Ayes: Unanimous. Motion carried. 4. TIME TO ADDRESS THE COMMISSION (5 MINUTE LIMIT) None. 5. BUSINESS ITEMS a. In June, City Council approved a final contract proposed by the Commission for Greater Des Moines Public Art Foundation (GDMPAF) to assist the City in the public art procurement process for the roundabout project at NE 70 th Street and Rising Sun Drive. M. Jessica Rowe, Director of Greater Des Moines Public Art Foundation, will present to the commission about what constitutes public art and the next steps for both GDMPAF and the Public Arts Advisory Commission in the procurement process. Ms. Rowe discussed her background in art and professional background. The presentation included information about public art currently in the Des Moines area and examples of public art in other areas. This included discussion of what is public art and type of public art. Following the presentation discussion was held regarding what will be the role of the Greater Des Moines Public Art Foundation and the city s Public Arts Commission. There will be a panel consisting of Arts Commission members and members from the GDMPAF. Ms. Rowe is currently working with city staff to develop and finalize RFQs. When completed they will be shared with Commissioners and with the community. The initial applications will be reviewed by the Director of GDMPAF to verify qualifications are met. The panel will review images submitted and indicate yes or no for each. The next step will be another layer of on line review where all information is revealed, i.e.: total biography, etc. Each panel member will be assigned a number of artists to review and then everyone will meet as a group and discuss applicants. Jessica Rowe will facilitate the process to bring a small group of finalists. The final step will be to present to the community and make a final decision. In response to a question regarding if applications will be accepted from only established artists or from new and/or emerging artists, the application process is open to all, but will usually find that with city projects it is established artists that apply. This will be an interesting process and a great experience for Commissioners. If anyone has questions as the process progresses, they can be directed to Candace Bell, Communications Specialist and she will forward to the Director. 6. DIRECTOR S/COMMISSIONER S REPORTS 13

14 No Director s report. The Tango Gala for Children and Families of Iowa is coming up. Commissioner Schatzberg has more information if you are interested. Iowa Art event is October ADJOURNMENT SCHATZBERG/CANTRELL moved to adjourn. Ayes: Unanimous. Motion carried. Meeting adjourned at 6:54 p.m. NEXT MEETING: August 27, 2018 Cindy Konrad Recording Secretary 14

15 Tax Abatement Report October 2018 TYPE ADDRESS OWNER VALUATION DATE ISSUED PERMIT # PERMIT FEE Remodel 4850 Windsor Cr Jacquin Bodensteiner $ 35,000 8/1/ $ Single Family 5688 Arbor Lake Dr American Contractors Group $ 400,000 10/2/ $ 1, Single Family 305 Priaire Creek Dr Crown Homes $ 252,900 10/2/ $ 1, Tax Abatement Report 15 Page 1 of 1

16 Fall Operational Statistics for October 2018 MONTHLY COUNCIL REPORT October 2018 Street panels replaced 5 Storm sewer inlets rebuilt 3 Concrete Poured 18.5 cubic yards Number of rain events (.25 & above) 4 Rain total* 3.16 inches Mosquito spraying events 0 Quantity of mosquito spray used 0 gallons *Figure based on National Weather Service data Year-round Operation Statistics for October 2018 Sewer locates performed 271 Domestic animals collected and held 5 Lift station service checks 6 Street sweeping debris removal tons R.O.W & Sewer Easement Mowing 5.25 miles Sanitary sewer backups 0 Monthly Highlights: - Repaired failing storm sewer inlets on Parkwood Dr, Magnolia Dr, and Houck Dr - Resided and painted cemetery garage - Repaired street panel on Orchard Ct. - Started Citywide street sweeping - Prepared equipment for winter operations Russ Paul Pleasant Hill Public Works 16

17 AGENDA ITEM SHEET CITY COUNCIL DATE: November 13, 2018 TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL GARY PATTERSON, PUBLIC WORKS DIRECTOR RESOLUTION APPROVING THE COOPERATIVE SERVICE MAINTENANCE AGREEMENT OF JOINT JURISDICTIONAL ROADWAYS WITH POLK COUNTY BACKGROUND: The City of Pleasant Hill presently has a 28-E agreement with Polk County for the maintenance of roadways which overlap jurisdictional boundaries. The purpose of this agreement is to specify which party shall maintain which roads where the roads are on the boundaries of the parties. With the city of Pleasant Hill paving NE 70 th Street from University to Rising Sun Road it is time to update the agreement. ANALYSIS/IMPACT: The new agreement will have Polk County maintaining 3.55 miles of roadway for Pleasant Hill and Pleasant Hill maintaining 3.39 miles of roadway for Polk County. ALTERNATIVES: FINANCIAL CONSIDERATIONS: The mileage is split as close to equal as possible and no financial reimbursement will be necessary from either party. RECOMMENDATION: I recommend approval of the cooperative public service agreement with Polk County. 17

18 ` RESOLUTION # A RESOLUTION APPROVING THE AMENDED AGREEMENT FOR COOPERATIVE PUBLIC SERVICE BETWEEN POLK COUNTY, IOWA AND THE CITY OF PLEASANT HILL, IOWA WHEREAS, the Pleasant Hill City Council has reviewed the proposed amended Agreement for Cooperative Public Service between Polk County, Iowa and the City of Pleasant Hill, Iowa for maintenance of joint jurisdictional roadways; WHEREAS, said Agreement for Cooperative Public Service between Polk County, Iowa and the City of Pleasant Hill, Iowa is attached to and made a part of this resolution; BE IT THEREFORE NOW RESOLVED by the City Council of Pleasant Hill, Iowa, that the Pleasant Hill City Council does hereby approve the amended Agreement for Cooperative Public Service between Polk County, Iowa and the City of Pleasant Hill, Iowa, as attached. ADOPTED November 13, Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 18

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30 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER NE 70 TH STREET IMPROVEMENTS PROJECT PAYMENT APPLICATION NO. 5 BACKGROUND: The City Engineer has developed the plans and specifications for the NE 70 th Street Improvements Project that includes the complete reconstruction of the roadway between University Avenue and Rising Sun Drive. Elder Corporation has been awarded the contract for the project and work is underway. The Contractor has submitted the attached Payment Application No. 5 for work completed through November 2, Following is a communication from the City Engineer, Snyder and Associates, recommending approval of the payment application for the project. ALTERNATIVES: Not approve the payment application. However, the work is part of an approved contract and the work has been performed. FINANCIAL CONSIDERATIONS: Project funds are available. RECOMMENDATION: Approve the attached resolution for the NE 70 th Street Improvements Project. 30

31 RESOLUTION # A RESOLUTION APPROVING PAYMENT APPLICATION NO. 5 FOR THE NE 70 TH STREET IMPROVEMENTS PROJECT WHEREAS, the Pleasant Hill City Council has hired Elder Corporation to complete the NE 70 th Street Improvements Project; and WHEREAS, Elder Corporation has submitted the attached Payment Application No. 5 in the amount of $539,129.34; THEREFORE, BE IT RESOLVED, that the City Council of Pleasant Hill, Iowa, in Polk County, Iowa, does hereby approve payment application number five for the project. ADOPTED this 13 th day of November, Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 31

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34 6. DETAILED ESTIMATE OF WORK COMPLETED: CONTRACT ITEMS COMPLETED WORK ITEM PLAN QTY. PLAN QTY. PLAN QTY. COST COST COST QTY. TO QTY. TO QTY. TO DATE COST COST COST UNIT UNIT COST CO # NO. DESCRIPTION DIV. 1 DIV. 2 TOTAL DIV. 1 DIV. 2 TOTAL DATE DIV. 1 DATE DIV. 2 TOTAL DIV. 1 DIV. 2 TOTAL EARTHWORK 2.1 Clearing and Grubbing 1 1 LS $ 5, $ 5, $ - $ 5, $ 5, $ - $ 5, Topsoil, On-Site 8, ,531 CY $ 7.50 $ 67, $ 4, $ 71, $ 59, $ 4, $ 64, Excavation, Class 10 21, ,192 CY $ 5.00 $ 105, $ 5, $ 110, $ 105, $ 5, $ 110, Core Out Excavation 3, ,020 CY $ 8.00 $ 30, $ 1, $ 32, $ 30, $ 1, $ 32, Subgrade Preparation 14, ,362 SY $ 3.00 $ 44, $ 7, $ 52, $ 44, $ 7, $ 52, Subgrade Treatment, Geogrid, Type SY $ 2.50 $ 1, $ $ 1, $ - $ - $ Subbase, Modified 14, ,362 SY $ 7.50 $ 111, $ 19, $ 130, $ 111, $ 19, $ 130, Class A Roadstone TON $ $ 3, $ - $ 3, $ 3, $ - $ 3, Removal of Structure, Headwall 2 2 EA $ $ 1, $ - $ 1, $ 1, $ - $ 1, Removal of Known Pipe Culverts, Less Than or Equal to LF $ $ 6, $ - $ 6, $ 6, $ - $ 6, Removal of Known Pipe Culverts, Greater Than 36 in LF $ $ $ - $ $ $ - $ SEWERS AND DRAINS 4.1 Storm Sewer, Trenched, Class III RCP, 15" 1, ,796 LF $ $ 77, $ 12, $ 89, $ 77, $ 12, $ 89, Storm Sewer, Trenched, Class III RCP, 18" LF $ $ 6, $ 4, $ 11, $ 6, $ 4, $ 11, Storm Sewer, Trenched, Class III RCP, 24" LF $ $ 5, $ 5, $ 11, $ 5, $ 5, $ 11, Storm Sewer, Trenched, Class III RCP, 30" LF $ $ 58, $ - $ 58, $ 58, $ - $ 58, Storm Sewer, Trenched, Class III RCP, 42" LF $ $ 24, $ - $ 24, $ 24, $ - $ 24, Storm Sewer, Trenched, Class III RCP, 48" LF $ $ 39, $ 6, $ 46, $ 39, $ 6, $ 46, Pipe Apron with Footing and Apron Guard, RCP, 15" 1 1 EA $ 1, $ 1, $ - $ 1, $ 1, $ - $ 1, Pipe Apron with Footing and Apron Guard, RCP, 18" 1 1 EA $ 1, $ 1, $ - $ 1, $ 1, $ - $ 1, Pipe Apron with Footing and Apron Guard, RCP, 24" 1 1 EA $ 2, $ - $ 2, $ 2, $ - $ 2, $ 2, Pipe Apron with Footing and Apron Guard, RCP, 42" 2 2 EA $ 3, $ 7, $ - $ 7, $ 7, $ - $ 7, Pipe Apron with Footing and Apron Guard, RCP, 48" EA $ 4, $ 4, $ 4, $ 8, $ 4, $ 4, $ 8, Subdrain, Type 1, 6" 3, ,647 LF $ $ 56, $ 12, $ 69, $ 56, $ 12, $ 69, Subdrain Outlets and Connections, CMP, 6" EA $ $ 22, $ 3, $ 26, $ 22, $ 3, $ 26, WATER MAIN AND APPURTENANCES 5.1 Water Main, Trenched, PVC, 4" LF $ $ 3, $ - $ 3, $ 3, $ - $ 3, Water Main, Trenched, PVC, 12" 2, ,640 LF $ $ 74, $ 20, $ 95, $ 74, $ 20, $ 95, Water Main, Trenched, Restrained Joint Pipe, 12" LF $ $ 2, $ - $ 2, $ 2, $ - $ 2, Water Main, Trenchless, Restrained Joint Pipe, 12" LF $ $ 9, $ - $ 9, $ 9, $ - $ 9, Water Main with Casing Pipe, Trenchless, Restrained Joint LF $ $ 142, $ - $ 142, $ 142, $ - $ 142, Fitting, 22.5 Bend, 12" 2 2 EA $ $ 1, $ - $ 1, $ 1, $ - $ 1, Fitting, Bend, 12" 1 1 EA $ $ $ - $ $ $ - $ Fitting, 45 Bend, 12" EA $ $ 15, $ - $ 15, $ 15, $ - $ 15, Fitting, 90 Bend, 4" 1 1 EA $ $ $ - $ $ $ - $ Fitting, Spool, 12" 1 1 EA $ $ $ - $ $ $ - $ Fitting, Plug, 12" EA $ $ $ $ 1, $ $ $ 1, Fitting, Cross, 12"x12" 1 1 EA $ 1, $ 1, $ - $ 1, $ 1, $ - $ 1, Fitting, Tee, 4"x4" 1 1 EA $ $ $ - $ $ $ - $ Fitting, Tee, 12"x4" 1 1 EA $ $ $ - $ $ $ - $ Valve, Gate, 4" 1 1 EA $ 1, $ 1, $ - $ 1, $ 1, $ - $ 1, Valve, Gate, 12" 1 1 EA $ 2, $ 2, $ - $ 2, $ 2, $ - $ 2, Tapping Valve Assembly, 12"x10" 1 1 EA $ 6, $ 6, $ - $ 6, $ 6, $ - $ 6, Fire Hydrant Assembly EA $ 4, $ 48, $ 9, $ 57, $ 48, $ 9, $ 57, Remove Water Main LF $ $ $ - $ $ $ - $ STRUCTURES FOR SANITARY AND STORM 6.1 Manhole Type SW-401, 48" 2 2 EA $ 3, $ 6, $ - $ 6, $ 6, $ - $ 6, Manhole Type SW-401, 60" 1 1 EA $ 5, $ 5, $ - $ 5, $ 5, $ - $ 5, Manhole Type SW-401, 72" 1 1 EA $ 6, $ 6, $ - $ 6, $ 6, $ - $ 6, Manhole Type SW-402, 6'x6' EA $ 10, $ 10, $ 10, $ 20, $ 10, $ 10, $ 20, Intake Type SW EA $ 2, $ 17, $ 2, $ 20, $ 17, $ 2, $ 20, Intake Type SW EA $ 4, $ 30, $ 4, $ 34, $ 30, $ 4, $ 34, Intake Type SW EA $ 4, $ 17, $ 4, $ 22, $ 17, $ 4, $ 22, Intake Type SW EA $ 6, $ 40, $ 6, $ 46, $ 40, $ 6, $ 46, Intake Type SW-506, Modified 2 2 EA $ 12, $ 24, $ - $ 24, $ 24, $ - $ 24, Intake Type SW-512, 24" 1 1 EA $ 1, $ 1, $ - $ 1, $ 1, $ - $ 1, Intake Type SW-513, 6'x6' 1 1 EA $ 7, $ 7, $ - $ 7, $ 7, $ - $ 7, Manhole Adjustment, Major 1 1 EA $ 2, $ 2, $ - $ 2, $ - $ - $ - STREETS AND RELATED WORK 7.1 Pavement, PCC, 8" 13, ,633 SY $ $ 663, $ 117, $ 781, $ 547, $ - $ 547, Pavement, PCC, Truck Apron, Colored, 8" SY $ $ 36, $ - $ 36, $ 36, $ - $ 36, Concrete Median SY $ $ 25, $ - $ 25, $ - $ - $ Concrete Median, Colored SY $ $ 19, $ - $ 19, $ 1, $ - $ 1, PCC Pavement Samples and Testing 1 1 LS $ 5, $ 5, $ - $ 5, $ 2, $ - $ 2, Removal of Driveway SY $ 3.50 $ $ - $ $ $ - $ Sidewalk, PCC, 4" SY $ $ 22, $ - $ 22, $ - $ - $ - J:\2016_Projects\ \Construction\ _PartialPaymentRequestNo5_ xlsx 34

35 CONTRACT ITEMS COMPLETED WORK ITEM PLAN QTY. PLAN QTY. PLAN QTY. COST COST COST QTY. TO QTY. TO QTY. TO DATE COST COST COST UNIT UNIT COST CO # NO. DESCRIPTION DIV. 1 DIV. 2 TOTAL DIV. 1 DIV. 2 TOTAL DATE DIV. 1 DATE DIV. 2 TOTAL DIV. 1 DIV. 2 TOTAL 7.8 Sidewalk, PCC Trail, 5" SY $ $ 21, $ - $ 21, $ - $ - $ Sidewalk, PCC, 6" SY $ $ 13, $ - $ 13, $ - $ - $ Detectable Warning SF $ $ 15, $ - $ 15, $ - $ - $ Driveway, Paved, PCC, 7" SY $ $ 16, $ - $ 16, $ 16, $ - $ 16, Pavement Removal 7,642 7,642 SY $ 4.00 $ 30, $ - $ 30, $ 30, $ - $ 30, TRAFFIC CONTROL 8.1 Traffic Control 1 1 LS $ 7, $ 7, $ - $ 7, $ 7, $ - $ 7, Traffic Signal, Modification 1 1 LS $ 160, $ 160, $ - $ 160, $ - $ - $ Removal of Signs 8 8 EA $ $ $ - $ $ $ - $ Painted Pavement Markings, Durable STA $ $ 11, $ 3, $ 15, $ - $ - $ Painted Symbols and Legends, Durable EA $ $ 2, $ $ 3, $ - $ - $ - SITE WORK AND LANDSCAPING 9.1 Hydraulic Seeding, Seeding, Fertilizing, and Mulching, Type ACRE Lawn Mix 2.8 $ 3, $ 9, $ 2, $ 11, $ - $ - $ Hydraulic Seeding, Seeding, Fertilizing, and Mulching, Type ACRE Mix 2.8 $ 1, $ 4, $ 1, $ 5, $ - $ - $ Conventional Seeding, Seeding, Fertilizing, and Mulching, ACRE Native 2.3 $ 2, $ 5, $ $ 6, $ - $ - $ Median Seeding and Mulching, No Mow Lawn Mix ACRE $ 10, $ 1, $ - $ 1, $ - $ - $ Roundabout Seeding and Mulching, No Mow Lawn Mix ACRE $ 10, $ 1, $ - $ 1, $ - $ - $ Median Plant Material, Perennial, 1 Gal EA $ $ 11, $ - $ 11, $ - $ - $ Median Plant Material, Ornamental Grasses, 1 Gal EA $ $ 5, $ - $ 5, $ - $ - $ Roundabout Plant Material, Overstory Tree, 1 1/2" Cal. 3 3 EA $ $ 1, $ - $ 1, $ - $ - $ Roundabout Plant Material, Shrub, #2 Cont. 7 7 EA $ $ $ - $ $ - $ - $ Roundabout Plant Material, Shrub, #5 Cont EA $ $ 1, $ - $ 1, $ - $ - $ Roundabout Plant Material, Shrub, 18" Cont EA $ $ 1, $ - $ 1, $ - $ - $ Roundabout Plant Material, Perennial, 1 Gal EA $ $ 3, $ - $ 3, $ - $ - $ Roundabout Plant Material, Ornamental Grasses, 1 Gal EA $ $ $ - $ $ - $ - $ Street Trees, Overstory Tree, 1 1/2" Caliper EA $ $ 15, $ - $ 15, $ - $ - $ Temporary RECP, Type 2.C 5, ,000 SY $ 1.50 $ 7, $ 3, $ 10, $ - $ - $ Erosion Control Mulching, Conventional Mulching ACRE $ 1, $ 3, $ $ 3, $ - $ - $ Stabilized Construction Entrance SY $ $ 5, $ - $ 5, $ 5, $ - $ 5, Check Dams, Rock TON $ $ $ - $ $ $ - $ Rip Rap, Class D Revetment TON $ $ 14, $ - $ 14, $ 14, $ - $ 14, Inlet Protection Device, Drop-In EA $ $ 4, $ $ 4, $ - $ - $ Inlet Protection Device, Maintenance EA $ $ $ $ $ - $ - $ Silt Fence or Silt Fence Ditch Check 2,000 2,000 LF $ 1.50 $ 3, $ - $ 3, $ 3, $ - $ 3, Silt Fence or Silt Fence Ditch Check, Removal of Device 2,000 2,000 LF $ 0.20 $ $ - $ $ - $ - $ Filter Socks, 9" 4, ,280 LF $ 1.50 $ 6, $ 1, $ 7, $ 1, $ - $ 1, Filter Socks, Removal 4, ,280 LF $ 0.20 $ $ $ 1, $ - $ - $ SWPPP Preparation 1 1 LS $ 1, $ 1, $ - $ 1, $ 1, $ - $ 1, SWPPP Management 1 1 LS $ 3, $ 3, $ - $ 3, $ 1, $ - $ 1, Removal of Fence LF $ 9.50 $ 6, $ - $ 6, $ 6, $ - $ 6, Irrigation System 1 1 LS $ 14, $ 14, $ - $ 14, $ - $ - $ - GENERAL PROVISIONS 11.1 Mobilization 1 1 LS $ 64, $ 64, $ - $ 64, $ 48, $ - $ 48, Concrete Washout 1 1 LS $ 5, $ 5, $ - $ 5, $ - $ - $ Remove and Reinstall Mailbox 2 2 EA $ $ 1, $ - $ 1, $ $ - $ Median Walls with Decorative Panels 1 1 LS $ 190, $ 190, $ - $ 190, $ - $ - $ Roundabout Serpantine Wall 1 1 LS $ 65, $ 65, $ - $ 65, $ - $ - $ Roundabout Public Art PCC Pad and Concrete Wall 1 1 LS $ 30, $ 30, $ - $ 30, $ - $ - $ - TOTAL ORIGINAL CONTRACT = $ 2,709, $ 280, $ 2,989, $ 1,884, $ 148, $ 2,032, STORED MATERIALS SUMMARY: 11.4 Median Walls with Decorative Panels LS $ 27, $ - $ - $ $ 27, $ - $ 27, TOTAL STORED MATERIALS = $ 27, CHANGE ORDER SUMMARY: 1. Removal of Buried Building 1 1 LS 3, , , $ 3, $ - 3, TOTAL CHANGE ORDERS = $ 3, $ 3, TOTAL CONTRACT & CHANGE ORDERS $2,993, $ 2,064, J:\2016_Projects\ \Construction\ _PartialPaymentRequestNo5_ xlsx 35

36 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER CITY HALL IMPROVEMENTS SUITE B RENOVATION PAYMENT APPLICATION NO. 1 BACKGROUND: Ethos Design Group has developed the plans and specifications for the renovations to Suite B of City Hall. Apex Construction Solutions has been hired to perform the required and desired improvements to the building and work is underway. The Contractor has submitted the attached Payment Application No. 1 for work completed through October 26, Following is a communication from the project architect, Ethos Design Group, recommending approval of the payment application for the project. ALTERNATIVES: Not approve the payment application. However, the work is part of an approved contract and the work has been performed. FINANCIAL CONSIDERATIONS: Project funds are available. RECOMMENDATION: Approve the attached resolution for the City Hall Suite B renovation project. 36

37 RESOLUTION # A RESOLUTION APPROVING PAYMENT APPLICATION NO. 1 FOR THE PLEASANT HILL CITY HALL SUITE B RENOVATION PROJECT WHEREAS, the Pleasant Hill City Council has hired Apex Construction Solutions to complete the City Hall Suite B Renovation Project; and WHEREAS, Apex Construction Solutions has submitted the attached Payment Application No. 1 in the amount of $45,655.10; THEREFORE, BE IT RESOLVED, that the City Council of Pleasant Hill, Iowa, in Polk County, Iowa, does hereby approve payment application number one for the project. ADOPTED this 13 th day of November, Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 37

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40 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL CHRIS WIDMER ASSOCIATE PLANNER SECOND READING OF ORDINANCE 847 TO AMEND CHAPTER 161 COMMUNICATION TOWERS AND ANTENNAS BACKGROUND: Previously, the City Council approved a contract with Confluence Landscape Architects to complete a comprehensive zoning ordinance review and update. Staff and the Planning and Zoning Commission have been working with Confluence on several portions of the zoning ordinance update and a few sections are ready for review and consideration for adoption. The proposed updates include modifications to the City s Chapter 161 Communication Towers and Antennas. The ordinance modifications require a public hearing to be held for consideration of the changes. Chapter 161 is being updated because of required changes that need to be made due to modifications in state law which prohibit the City s ability to regulate many aspects of the location and citing of cell towers throughout the community. The changes to the chapter regulate the bulk regulations for location of cell towers within the community including setbacks, pole type, and screening. The ordinance also outlines the application process for Small Wireless Facilities. The following is the second reading of the ordinance for consideration for modifications to Chapter 161 Communication Towers and Antennas. ALTERNATIVES: Not approve the second reading of the ordinance for the consideration of the modifications. However, the modifications have been reviewed by Planning and Zoning Commission with a recommendation for approval. FINANCIAL CONSIDERATIONS: NA RECOMMENDATION: Consider approval of the Second Reading of the Ordinance for amendments to Chapter 161 Communication Towers and Antennas. 40

41 Draft ORDINANCE NO. 847 AN ORDINANCE REPLACING CHAPTER 161, COMMUNICATIONS TOWERS AND ANTENNAS, OF THE CODE OF THE CITY OF PLEASANT HILL, IOWA. BE IT ORDAINED by the City of Pleasant Hill, Iowa: THAT Chapter 161, Communications Towers and Antennas, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be deleted in its entirety and replaced with the following: CHAPTER 161 WIRELESS TECHNOLOGY SITING Purpose and General Policy Definitions Wireless Facilities, Not Including Small Wireless Facilities Small Wireless Facilities PURPOSE AND GENERAL POLICY. It is necessary for the City to establish uniform rules and policies in order to provide delivery of services by certain entities and others wishing to utilize wireless communication technologies and in order to protect private investments. This Chapter is adopted to conform to the Ordinances of the City of Pleasant Hill and State and Federal Law DEFINITIONS. For use in this chapter the following terms are defined: 1. Applicant means any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an application. Pleasant Hill Zoning Code Update Chapter Page 1 of 14

42 Draft Application means a request submitted by an applicant to an authority to construct a new tower, for the initial placement of transmission equipment on a wireless support structure, for the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station, or any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request. 3. City means the City of Pleasant Hill, Iowa, and its designees. 4. a. Base station means a structure or equipment at a fixed location that enables wireless communications licensed by the federal communications commission or authorized wireless communications between user equipment and a communications network. b. Base station does not mean a tower or equipment associated with a tower. c. Base station includes but is not limited to equipment associated with wireless communications services such as private, broadcast, and public safety services and unlicensed wireless services and fixed wireless services such as microwave backhaul. d. Base station includes but is not limited to radio transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. e. Base station includes a structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this subsection that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. f. Base station does not include any structure that at the time the relevant application is filed with the state or local government does not support or house equipment described in this subsection. 5. Collocation means the mounting or installation of additional transmission equipment on a support structure already in use for the purpose of transmitting or receiving radio frequency signals for communications purposes. 6. Electric utility means any owner or operator of electric transmission or distribution facilities subject to the regulation and enforcement activities of the Iowa utilities board relating to safety standards. Pleasant Hill Zoning Code Update Chapter Page 2 of 14

43 Draft Eligible facilities request means a request for modification of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station and involves collocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment. 8. Existing tower or existing base station means a tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process. Existing tower includes a tower that was not reviewed and approved because it was not in a zoned area when it was built and lawfully constructed. 9. Initial placement or installation means the first-time transmission equipment is placed or installed on a wireless support structure. 10. Micro wireless facility means a small wireless facility with dimensions no larger than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length. 11. a. Site, in relation to a tower that is not in the public right-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. b. Site, in relation to support structures other than towers, means an area in proximity to the structure and to other transmission equipment already deployed on the ground. 12. a. Small wireless facility means a wireless facility that meets the following requirements: (1) Each antenna is no more than six cubic feet in volume. (2) (a) All other equipment associated with the small wireless facility is cumulatively no more than twenty-eight cubic feet in volume. (b) For purposes of this subparagraph, volume shall be measured by the external displacement of the primary equipment enclosure, not the internal volume of such enclosure. An associated electric meter, concealment, telecommunications demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume. Pleasant Hill Zoning Code Update Chapter Page 3 of 14

44 Draft b. Small wireless facility includes a micro wireless facility as defined in subsection 10. c. Small wireless facility does not include any structure that supports or houses equipment described in this subsection. 13. Substantial change means a change in the existing support structure which results in one or more of the following: a. (1) Increase in the height of a tower, other than a tower in the public right-of-way, by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater. (2) Increase in the height of existing support structures, other than a tower in subparagraph (1), by more than ten percent or more than ten feet, whichever is greater. (3) Height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings rooftops. Otherwise, height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Pub. L. No , Tit. VI. b. (1) Addition of an appurtenance to the body of the tower, other than a tower in the public right-of-way, that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. (2) Addition of an appurtenance to an existing support structure, other than a tower under subparagraph (1), that would protrude from the edge of the structure by more than six feet. c. (1) Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets. (2) Installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the tower in the public right-ofway or base station. (3) Installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with a tower in the public right-of-way or base station. Pleasant Hill Zoning Code Update Chapter Page 4 of 14

45 Draft d. Excavation or deployment outside the current site. e. Defeat of concealment elements of the existing support structure. f. Noncompliance with conditions associated with the siting approval of the construction or modification of the existing support structure or base station equipment, except if the change is noncompliant only in a manner that does not exceed the thresholds identified in paragraphs a through d. 14. Tower means a structure built for the sole or primary purpose of supporting an antenna and the associated facilities authorized or licensed by the federal communications commission. Tower includes structures constructed for wireless communications services, including but not limited to private, broadcast, and public safety services and unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site. 15. Tower Height means the total height of the tower measured from the lowest point of elevation at the base of the tower to the highest point of projection of any equipment, antenna, or other element attached to the tower. 16. Transmission equipment means equipment that facilitates transmission for a wireless communications service licensed or authorized by the federal communications commission, including but not limited to radio transceivers, antennas, coaxial or fiberoptic cable, and regular and backup power supply. Transmission equipment includes equipment associated with wireless communications services, including but not limited to private, broadcast, and public safety services, such as wireless local area network services and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two wireless clients, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul. 17. Utility pole means a pole or similar structure owned or utilized in whole or in part by a public utility, municipality, wireless service provider, or electric utility that is designed specifically for and used to carry lines, cable, transmission equipment, or wires for telephone, wireless service, cable television, or electricity service, or for lighting, the vertical portion of support structures for traffic control signals or devices, signage, information kiosks, or other similar functions. 18. Wireless facility means equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network, except that wireless facility does not include coaxial or fiberoptic cable that is not immediately adjacent to, or directly associated with, a particular antenna. Pleasant Hill Zoning Code Update Chapter Page 5 of 14

46 Draft Wireless service means any fixed or mobile service using licensed or unlicensed wireless spectrum and provided using a wireless facility. 20. Wireless service provider means a provider of wireless service. 21. Wireless support structure means a structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including but not limited to water towers, buildings, and other structures, whether within or outside the public right-of-way. Wireless support structure does not include a tower or existing base station WIRELESS FACILITIES, NOT INCLUDING SMALL WIRELESS FACILITIES. 1. Application and Review Process. The following is the application and review process for all new or modified Wireless Facilities, not including those facilities defined as Small or Micro Wireless Facilities, located within the City of Pleasant Hill, Iowa. 2. Application. Applicant shall complete the appropriate Application form, provide the required application information and any other information as may be required by the Zoning Administrator, and indicate whether their Application and intended use is for: a. To construct a new Tower, application shall be known as New Tower Application; b. The modification of an existing Tower or existing Base Station that constitutes a Substantial Change, application shall be known as Tower Major Modification Application; c. The initial placement of Transmission Equipment on a Wireless Support Structure, application shall be known as New Co-Location Application; d. An Eligible Facilities Request, application shall be known as Tower Co- Location/Minor Modification Application, and may include the installation of additional or new transmission equipment on an existing wireless support structure that already contains transmission equipment; or e. Any other request to construct or place Transmission Equipment that does not meet the definition of an Eligible Facilities Request, application shall be known as Other Request Application. Pleasant Hill Zoning Code Update Chapter Page 6 of 14

47 Draft Application Fee. The application fee shall be the maximum fee allowed by federal and state law. 4. Timeframe for Review. The following timelines for review shall apply to each application type as follows: a. New Tower Application, Tower Major Modification Application, New Co- Location Application, and Other Request Application (1) Within 90 days of the date on which an Applicant submits an Application, the City shall approve or deny the Application unless tolled or another date is specified in a written agreement between the City and the Applicant. (2) To toll the timeframe for incompleteness, the City must provide written notice to the Applicant within 30 days of receipt of the Application, specifically delineating all missing documents or information required in the Application. The timeframe for review begins running again when the Applicant makes a supplemental submission in response to the City s notice of incompleteness. Following a supplementation submission, the City will notify the Applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. b. Tower Co-Location/Minor Modification Application (1) Within 60 days of the date on which an Applicant submits an Application, the City shall approve or deny the Application unless tolled or another date is specified in a written agreement between the City and the Applicant. (2) To toll the timeframe for incompleteness, the City must provide written notice to the Applicant within 30 days of receipt of the Application, specifically delineating all missing documents or information required in the Application. The timeframe for review begins running again when the Applicant makes a supplemental submission in response to the City s notice of incompleteness. Following a supplementation submission, the City will notify the Applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The Pleasant Hill Zoning Code Update Chapter Page 7 of 14

48 Draft timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. 5. Failure to Act. In the event the City fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the Applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the Application has been deemed granted. 6. Duration of Approval. The duration of the City s approval shall not be limited, except that construction of the approved structure or facilities shall be commenced within two years of final approval, including the disposition of any appeals, and diligently pursued to completion. 7. Remedies. Applicants and the City may bring claims related to this ordinance to the District Court of Polk County, State of Iowa. 8. Application Review. All applications submitted under Section 3 of this Chapter shall be reviewed by the Zoning Administrator or their designee for completeness under the timeline specified herein. Applications deemed complete shall be reviewed for compliance with all applicable City regulations and approved or denied as follows: a. New Tower Applications, Tower Major Modification Applications, New Co-Location Applications, and Other Request Applications shall be forwarded by the Zoning Administrator to the Planning and Zoning Commission for review and consideration of approval of a site plan. The Zoning Administrator shall include a written recommendation for approval, for approval with conditions, or for denial of the Application. The Planning and Zoning Commission shall then review the Application and forward to the City Council the Application, the Zoning Administrator s written recommendation, and the Commission s recommendation as to whether the Application meets all applicable City regulations and a recommendation to approve, approve with conditions, or deny the Application. The City Council shall adopt a resolution determining whether the Application meets all applicable City regulations and approve, approve with conditions, or deny the Application. b. Tower Co-Location/Minor Modification Applications shall be reviewed for compliance with all applicable City regulations and administratively approved, approved with conditions, or denied by the Zoning Administrator. Any decision by the Zoning Administrator may be appealed by a party with standing in accordance with the appeals procedures defined within the City s zoning code regulations. Pleasant Hill Zoning Code Update Chapter Page 8 of 14

49 Draft Zoning Regulations and Requirements. The following regulations shall apply to all for all new or modified Wireless Facilities, not including those facilities defined as Small or Micro Wireless Facilities, located within the City s zoning jurisdiction. The intent of these regulations is to address the aesthetics of wireless facilities and towers. a. All Residential Zoning Districts The following shall apply to Wireless Facilities located within any residentially zoned property (R-1, R-2, R-3, R-4, and R-5). (1) Bulk Regulations (a) Towers All towers shall be setback from all property lines an amount equal to 100% of the total tower height. (b) Base station All base station structures and equipment shall comply with the maximum size and height requirements of the City s Zoning Regulations for Accessory Buildings, except that all base station structures and equipment shall be setback no less than 30 feet from any property line, shall not be located within any front yard area, and shall not be located between any principal structure and any public street right-of-way, except in the case of the rear yard of a double frontage lot. (c) Transmission equipment attached to an existing wireless support structure Transmission equipment and antennas attached to an existing wireless support structure shall meet the setback requirements of the building or structure on which it is located. (2) Towers and Equipment (a) All towers shall be monopole style and designed without guy wires and anchors. Lattice type and guyed-wire type towers shall be prohibited. All antennas, cables, and other equipment shall be contained and concealed within monopole and shall not project from the exterior surface of the pole. No signage, graphics, or lighting shall be permitted on the tower except as may be required by the Federal Aviation Administration or Federal Communications Commission. The tower shall be finished in one neutral color. (b) All base station structures shall have similar architectural features and level of finish as the principal building or structure located on the same property, if applicable, and comply with the provisions of the City Code of Ordinances for Architectural Standards. Pleasant Hill Zoning Code Update Chapter Page 9 of 14

50 Draft (c) All base station equipment not located within an enclosed base station structure shall be screened within an opaque enclosure of sufficient height to screen the equipment from view from all adjoining streets and properties. Said opaque enclosure shall include a combination of opaque fencing, screen walls, and landscaping. (d) Transmission equipment attached to an existing wireless support structure Transmission equipment and antennas shall not project more than 12- inches from the nearest vertical surface and not more than 4-feet above the nearest horizontal surface of the building or structure on which it is location. Said equipment and antennas shall be incorporated into the building or structure architectural design and fully screened from view such as through the use of radio frequency (RF) transparent screen materials, screen walls, and enclosures. (3) Exceptions Antennas for amateur radio communication (HAM radio antennas) shall be exempt from the requirements of sections 9a(1) and 9a(2) hereinabove. All amateur radio communication antennas shall be setback from all property lines an amount equal to 50% of the total tower and/or antenna height. b. All Commercial Zoning Districts The following shall apply to Wireless Facilities located within any commercially zoned property (C-1, C-2, C-3, and CP). (1) Bulk Regulations (a) Towers All towers shall be setback from all property lines an amount equal to 75% of the total tower height. (b) Base station All base station structures and equipment shall comply with the maximum size and height requirements of the City s Zoning Regulations for Accessory Buildings, except that all base station structures and equipment shall be setback no less than 30 feet from any property line, shall not be located within any front yard area, and shall not be located between any principal structure and any public street right-of-way, except in the case of the rear yard of a double frontage lot. (c) Transmission equipment attached to an existing wireless support structure Transmission equipment and antennas attached to an existing wireless support structure shall meet the setback requirements of the building or structure on which it is located. (2) Towers and Equipment Pleasant Hill Zoning Code Update Chapter Page 10 of 14

51 Draft (a) All towers shall be monopole style and designed without guy wires and anchors. Lattice type and guyed-wire type towers shall be prohibited. All antennas, cables, and other equipment shall be contained and concealed within monopole and shall not project from the exterior surface of the pole. No signage, graphics, or lighting shall be permitted on the tower except as may be required by the Federal Aviation Administration or Federal Communications Commission. The tower shall be finished in one neutral color. (b) All base station structures shall have similar architectural features and level of finish as the principal building or structure located on the same property, if applicable, and comply with the provisions of the City s Code of Ordinances for Architectural Standards. (c) All base station equipment not located within an enclosed base station structure shall be screened within an opaque enclosure. Said opaque enclosure shall include a combination of opaque fencing, screen walls, and landscaping. (d) Transmission equipment attached to an existing wireless support structure Transmission equipment and antennas shall not project more than 12- inches from the nearest vertical surface and not more than 6-feet above the nearest horizontal surface of the building or structure on which it is location. Said equipment and antennas shall be incorporated into the building or structure architectural design and fully screened from view such as through the use of radio frequency (RF) transparent screen materials, screen walls, and enclosures. c. All Agricultural and Industrial Zoning Districts The following shall apply to Wireless Facilities located within any agricultural or industrial zoned property (A- 1, I-1, I-2, I-3, and U-1). (1) Bulk Regulations (a) Towers All towers shall be setback from all property lines an amount equal to 50% of the total tower height. No signage, graphics, or lighting shall be permitted on the tower except as may be required by the Federal Aviation Administration or Federal Communications Commission. The tower shall be finished in one neutral color. Pleasant Hill Zoning Code Update Chapter Page 11 of 14

52 Draft (b) Base station All base station structures and equipment shall comply with the maximum size and height requirements of the City s Zoning Regulations for Accessory Buildings, except that all base station structures and equipment shall be setback no less than 30 feet from any property line, shall not be located within any front yard area, and shall not be located between any principal structure and any public street right-of-way, except in the case of the rear yard of a double frontage lot. (c) Transmission equipment attached to an existing wireless support structure Transmission equipment and antennas attached to an existing wireless support structure shall meet the setback requirements of the building or structure on which it is located. (2) Towers and Equipment (a) All towers shall be monopole style and designed without guy wires and anchors. Lattice type and guyed-wire type towers shall be prohibited. (b) All base station structures shall have similar architectural features and level of finish as the principal building or structure located on the same property, if applicable, and comply with the provisions of the City s Code of Ordinances for Architectural Standards. (c) All base station equipment not located within an enclosed base station structure shall be screened within an opaque enclosure. Said opaque enclosure shall include a combination of opaque fencing, screen walls, and landscaping. (d) Transmission equipment attached to an existing wireless support structure Transmission equipment and antennas shall not project more than 24- inches from the nearest vertical surface and not more than 8-feet above the nearest horizontal surface of the building or structure on which it is location. Said equipment and antennas shall be incorporated into the building or structure architectural design and fully screened from view such as through the use of radio frequency (RF) transparent screen materials, screen walls, and enclosures d. Abandonment and Removal Any tower or transmission equipment located on private property that is not in use for 180 or more days shall be considered abandoned. Without waiving the City s right to determine whether or not a communication tower and/or transmission equipment has been abandoned, it shall be the duty of the tower or equipment owner to notify the City s Zoning Administrator in writing of any intent to abandon use of the tower and/or equipment. Said notice shall include steps that the tower and/or equipment owner Pleasant Hill Zoning Code Update Chapter Page 12 of 14

53 Draft shall take to accomplish removal of the transmission equipment, buildings, and tower structures including concrete footings and anchors. In the event the use of any communication tower and/or transmission equipment has been discontinued for a period of 180 consecutive days, the tower and/or equipment shall be deemed to have been abandoned. Upon such abandonment, the owner of the tower and/or equipment shall have an additional 45 days within which to: (1) reactivate the use of the tower or transfer the tower and/or equipment to another owner who makes actual use of the tower and/or equipment; or (2) dismantle and remove the tower and/or equipment. The owner of the tower and/or equipment shall be ultimately responsible for all costs of dismantling and removal and in the event the tower is not removed within 45 days of abandonment, the City may proceed to do so and assess the costs against the tower and/or equipment owner or owner of the property on which the tower and/or equipment is located. At the earlier of 46 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any permit or other approval for the tower shall automatically expire. In order to facilitate the timely removal of abandoned towers, the Applicant for any new tower constructed under this Chapter shall provide a Petition and Waiver executed by the owner of the property on which the tower is located, agreeing to the assessment of the costs to remove said tower upon abandonment as defined herein and providing the City with the right to enter and access the property for the purposes of removing the abandoned tower and equipment SMALL WIRELESS FACILITIES. 1. Application and Review Process. The following is the application and review process for all Small Wireless Facilities located within the City of Pleasant Hill, Iowa. 2. Application. Applicant shall complete the appropriate Application form, provide the required application information and any other information as may be required by the Zoning Administrator or their designee, and indicate whether their Application and intended use is for a Small Wireless Facility, application shall be known as Small Wireless Application. 3. Application Fee. The application fee shall be the maximum fee allowed by federal and state law. 4. Timeframe for Review. Within 90 days of the date in which an Applicant submits a Small Wireless Application the City shall approve or deny the Application unless another date is specified in a written agreement between the City and the Applicant. Pleasant Hill Zoning Code Update Chapter Page 13 of 14

54 Draft Failure to Act. In the event the City fails to approve or deny a request seeking approval under this section within the Timeframe for Review the request shall be deemed granted. Approval under this subsection does not become effective until the Applicant notifies the City in writing after the review period has expired that the Application has been deemed granted. 6. Duration of Approval. The duration of the City s approval for the siting of a Small Wireless Facility in a public right-of-way shall not be limited in duration. The duration of the City s approval for the siting of a Small Wireless Facility on a City structure outside the public right-of-way shall be for a period of ten years, with one automatic five-year renewal. 7. Remedies. Applicants and the City may bring claims related to this ordinance to the District Court of Polk County, State of Iowa. 8. Application Review. All applications submitted under Section 4 of this Chapter shall be reviewed by the Zoning Administrator or their designee for completeness under the timeline specified herein. Applications deemed complete shall be reviewed for compliance with all applicable City regulations and Iowa Code chapter 8C. Applications shall be approved, approved with conditions, or denied by the Zoning Administrator. Any decision by the Zoning Administrator may be appealed by a party with standing in accordance with the appeals procedure defined within the City s zoning code regulations. NOW THEREFORE, be it ordained by the City Council of the City of Pleasant Hill, Iowa, that Chapter 161, Communications Towers and Antennas, shall be deleted and replaced as adopted herein as Chapter 161, Wireless Technology Siting. FURTHER, this Ordinance shall be in effect from and after its final passage, approval and publication provided by law. PASSED by the Council the day of 2018, and approved this day of CITY OF PLEASANT HILL, IOWA ATTEST TO: By: Sara Kurovski, Mayor By: Dena Spooner, City Clerk/Finance Director Pleasant Hill Zoning Code Update Chapter Page 14 of 14

55 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL CHRIS WIDMER ASSOCIATE PLANNER SECOND READING OF ORDINANCE 848 TO AMEND CHAPTER 173 ARCHITECTURAL STANDARDS BACKGROUND: Previously, the City Council approved a contract with Confluence Landscape Architects to complete a comprehensive zoning ordinance review and update. Staff and the Planning and Zoning Commission have been working with Confluence on several portions of the zoning ordinance update and a few sections are ready for review and consideration for adoption. The proposed updates include modifications to the City s Chapter 173 Architectural Standards. The ordinance modifications require a public hearing to be held for consideration of the changes. The modifications to Chapter 173 are a standard update to the language of the newly adopted Architectural Standards. This minor amendment is to clarify and address the use of fabric structures for both temporary and permanent uses. Planning & Zoning Commissioned recommended the approval of Chapter 173 allowing for the use of structures with fabric exteriors only for temporary structures and permitting fabric roofs for permanent use in I-3 Zoning Districts. The following is the second reading of the ordinance for consideration for modifications to Chapter 173 Architectural Standards. ALTERNATIVES: Not approve the second reading of the ordinance for the consideration of the modifications. However, the modifications have been reviewed by Planning and Zoning Commission with a recommendation for approval. FINANCIAL CONSIDERATIONS: NA RECOMMENDATION: Consider approval of the Second Reading of the Ordinance for amendments to Chapter 173 Architectural Standards. 55

56 ORDINANCE NO. 848 AN ORDINANCE AMENDING CHAPTER 173, ARCHITECTURAL STANDARDS, OF THE CODE OF THE CITY OF PLEASANT HILL, IOWA. BE IT ORDAINED by the City of Pleasant Hill, Iowa: THAT Chapter 173, Architectural Standards, of the Code of the City of Pleasant Hill, Iowa, be amended by adding a new Paragraph H under Subsection 3, General Provisions, of Section 173.4, Building Design Standards, as follows: H. Structures with fabric exteriors shall only be allowed as temporary structures. Permanent structures with fabric roofs may be allowed within the I-3 Zoning District. NOW THEREFORE, be it ordained by the City Council of the City of Pleasant Hill, Iowa, that Chapter 173, Architectural Standards, shall be amended as adopted herein. FURTHER, this Ordinance shall be in effect from and after its final passage, approval and publication provided by law. PASSED by the Council the day of 2018, and approved this day of CITY OF PLEASANT HILL, IOWA By: Sara Kurovski Its: Mayor ATTEST TO: By: Dena Spooner Its: City Clerk/Finance Director Page 1 of 1 56

57 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: MAYOR & CITY COUNCIL CHRIS WIDMER ASSOCIATE PLANNER SUBJECT: THIRD READING OF THE REVISED ORDINANCE 843 LEXINGTON PARK DEVELOPMENT PUD MASTER PLAN & REZONING OF 5.66 ACRES OF R-2 ONE AND TWO FAMILY DWELLING TO R-4 PLANNED UNIT DEVELOPMENT BACKGROUND: The City has received a proposed zoning assignment for the east portion of property at 180 N Pleasant Hill Boulevard generally located south of Fairview Drive, west of N Pleasant Hill Blvd, and north of E Oakwood Drive. The property is currently one acre parcel owned by Nathaniel Hurst with one single-family residence located at the corner of N Pleasant Hill Blvd and Fairview Drive. Paramount Homes is the applicant proposing a rezoning of 5.66 Acres along the east portion of the parcel from the current R-2 One and Two Family to R-4 Planned Unit Development with the intention of subdividing this section of the parcel into single-family semi-attached and single-family lots. The zoning will allow for the construction of single-family semi-detached homes on private streets with smaller front setback minimums. The property is currently zoned R-2 One and Two Family and designated Low Density Residential, which is consistent with the surrounding properties, Comprehensive Plan, and Future Land Use Plan. The applicant has submitted an application for rezoning to R-4 Planned Unit Development for the east portion of the parcel with the necessary signatures, meeting the minimum requirements for the Planning and Zoning Commission to consider the request. The remaining west portion of the parcel will remain R-2. The applicant has presented a plat of survey to further distinguish east and west boundaries prior to submitting a preliminary plat to initiate the subdivision process. At this time, the property is being proposed for zoning assignment in accordance with the City s adopted Comprehensive Plan and Future Land Use Plan. The attached PUD Master Plan provides the proposed layout and full legal descriptions for zoning assignments of the selected 5.66-acre site. The applicant has requested that the east portion of the parcel be assigned the zoning designation of R-4 Planned Unit Development (PUD). The statement of intent for the R-4 zoning district according to the adopted zoning ordinance is as follows: The PUD District is intended to provide for the development or redevelopment of land under the control and in accordance with a Master Plan. The development guidelines and standards in which land uses, transportation elements, building densities, arrangements, and types are set out in a unified plan, thus providing greater flexibility of land use, transfer of development rights, and building locations than other zoning districts may permit. The PUD District is intended to maximize benefits from the use of open spaces, maximize aesthetics, encourage certain architectural standards for buildings, and permit mixed uses and diversity of bulk regulations without endangering the health, safety, welfare, and land value of surrounding and internal properties. A PUD may consist of a mix of land uses of residential, commercial, and limited industrial, provided such PUD is compatible with the Comprehensive Plan of the City. 57

58 The attached Future Land Use Plan designates the parcel as Low Density Residential and the proposed land use will remain the same. The Low Density Residential classification is defined by the following characteristics: The Low Density Residential land use category includes detached, single-unit residential structures, although these areas may include small amounts of attached single-family housing. The PUD Master Plan is attached showing the potential layout for 30-units for development showing a density of approximately 5.3 units per acre. A similar density to the surrounding neighborhood and is well below the maximum 8.7 units per acre allowed in R-2 Zoning District. The Master Plan indicates that any internal street servicing semi-detached units will be private and include additional space for off-street parking. The concept plan indicates a hammerhead turnaround at the end of the private street, which is a permissible by the City Code. Architectural standards include criteria for front elevations of the semi-detached units to be sided using a minimum of three different materials and maintain that no two buildings with the same elevations to be built side by side. Attached are proposed sample elevations and landscaping layout. Single-family detached housing bulk regulations will remain consistent with City Zoning Code for a singlefamily uses but changes to setback and lot width minimums have been proposed for single-family semidetached uses. Proposed front setback minimums are reduced from 30 to 20, rear setbacks will be reduced from 35 to 2, lot widths reduced from 37.5 to 34.5, and lot size minimums reduced from 5,000 sq. ft. to 2,500 sq. ft. Notices were sent to the adjacent property owners prior to the meeting and an update on any feedback received by the City will be provided at the meeting. The next step in the future development of the property is assigning the proper zoning. Planning and Zoning Commission recommended approval of the R-4 zoning subject to Preliminary Plat approval occurring within one year, a condition which the developer has consented to. The following is the third reading of the ordinance to assign the R-4 Planned Unit Development Zoning District. ALTERNATIVES: Not approve the third reading of the ordinance, however, it may delay or terminate the project. FINANCIAL CONSIDERATIONS: NA RECOMMENDATION: Consider approval of the third reading of the attached Ordinance for the rezoning assignment subject to the Preliminary Plat approval occurring within one year. 58

59 ORDINANCE NO. 843 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PLEASANT HILL, IOWA 1998, BY AMENDING ZONING DESIGNATION TO SPECIFIC PROPERTIES BE IT ENACTED by the Pleasant Hill City Council of the City of Pleasant Hill, Iowa: WHEREAS, a rezoning request from R-2, One and Two Family Dwelling, to R-4 Planned Unit Development, for a property generally in an area south of Fairview Drive, north of E Oakwood Drive, and west of N Pleasant Hill Blvd and legally described as follows: A PART OF LOT 27, BOGGS PLACE, AN OFFICIAL PLAT AND A PART OF LOTS 19 AND 20, OFFICIAL REPLAT OF SECTION 5, TOWNSHIP 78 NORTH, RANGE 23 WEST, AN OFFICIAL PLAT, ALL BEING IN THE CITY OF PLEASANT HILL, POLK COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 27; THENCE SOUTH 87 25'53" EAST ALONG THE NORTH LINE OF SAID LOT 20, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE SOUTH 00 09'00" EAST ALONG THE EAST LINE OF SAID LOT 20, A DISTANCE OF FEET TO THE NORTHERLY RIGHT OF WAY LINE OF EAST OAKWOOD DRIVE; THENCE SOUTH 54 47'28" WEST ALONG SAID NORTHERLY LINE, FEET TO THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 5306, PAGE 201; THENCE NORTH 00 08'18" EAST ALONG THE EAST LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHEAST CORNER OF SAID DESCRIBED PROPERTY; THENCE NORTH 89 51'17" WEST ALONG THE NORTH LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHWEST CORNER OF SAID DESCRIBED PROPERTY; THENCE SOUTH 00 07'09" EAST ALONG THE WEST LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN QUITCLAIM DEED RECORDED IN BOOK 15927, PAGE 740; THENCE SOUTH 81 57'25" WEST ALONG THE NORTH LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHWEST CORNER OF SAID DESCRIBED PROPERTY; THENCE NORTH 14 19'55" WEST, FEET; THENCE NORTH 14 30'09" EAST, FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW DRIVE; THENCE SOUTH 85 40'43" EAST ALONG SAID SOUTHERLY LINE, FEET TO THE EASTERLY LINE OF SAID LOT 27; THENCE SOUTH 00 08'08" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING AND CONTAINING 5.66 ACRES (246,374 SQUARE FEET). PROPERTY IS SUBJECT TO ROAD WAY EASEMENT CONTAINING 0.31 ACRES (13,584 SF) AND TO ANY AND ALL EASEMENTS OF RECORD. WHEREAS, a public hearing was held on November 13, 2018, at 6:30 p.m. at Pleasant Hill City Council Chambers, Pleasant Hill, Iowa, in accordance with Code of Iowa; and, WHEREAS, the City Council of Pleasant Hill, Iowa, has the authority to grant this request and has found it to be consistent with the comprehensive plan for the City; and WHEREAS, the City Council of Pleasant Hill, Iowa, wishes to restrict the zoning assignment of the parcel subject to Preliminary Plat approval occurring within one year of the approval of the rezoning; and 59

60 WHEREAS, the Official Zoning Map for the City of Pleasant Hill, Iowa has been amended, per Chapter 165, Section Boundaries; Map, City Code, 1998, City of Pleasant Hill, Iowa; BE IT ENACTED by the City Council of Pleasant Hill, Iowa: SECTION 1. ZONING. The property is rezoned from R-2, One and Two Family Dwelling to R-4 Planned Unit Development, for a property generally in an area south of Fairview Drive, north of E Oakwood Drive, and west of N Pleasant Hill Blvd and legally described as follows: A PART OF LOT 27, BOGGS PLACE, AN OFFICIAL PLAT AND A PART OF LOTS 19 AND 20, OFFICIAL REPLAT OF SECTION 5, TOWNSHIP 78 NORTH, RANGE 23 WEST, AN OFFICIAL PLAT, ALL BEING IN THE CITY OF PLEASANT HILL, POLK COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 27; THENCE SOUTH 87 25'53" EAST ALONG THE NORTH LINE OF SAID LOT 20, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID LOT 20; THENCE SOUTH 00 09'00" EAST ALONG THE EAST LINE OF SAID LOT 20, A DISTANCE OF FEET TO THE NORTHERLY RIGHT OF WAY LINE OF EAST OAKWOOD DRIVE; THENCE SOUTH 54 47'28" WEST ALONG SAID NORTHERLY LINE, FEET TO THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 5306, PAGE 201; THENCE NORTH 00 08'18" EAST ALONG THE EAST LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHEAST CORNER OF SAID DESCRIBED PROPERTY; THENCE NORTH 89 51'17" WEST ALONG THE NORTH LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHWEST CORNER OF SAID DESCRIBED PROPERTY; THENCE SOUTH 00 07'09" EAST ALONG THE WEST LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN QUITCLAIM DEED RECORDED IN BOOK 15927, PAGE 740; THENCE SOUTH 81 57'25" WEST ALONG THE NORTH LINE OF SAID DESCRIBED PROPERTY, FEET TO THE NORTHWEST CORNER OF SAID DESCRIBED PROPERTY; THENCE NORTH 14 19'55" WEST, FEET; THENCE NORTH 14 30'09" EAST, FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW DRIVE; THENCE SOUTH 85 40'43" EAST ALONG SAID SOUTHERLY LINE, FEET TO THE EASTERLY LINE OF SAID LOT 27; THENCE SOUTH 00 08'08" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING AND CONTAINING 5.66 ACRES (246,374 SQUARE FEET). PROPERTY IS SUBJECT TO ROAD WAY EASEMENT CONTAINING 0.31 ACRES (13,584 SF) AND TO ANY AND ALL EASEMENTS OF RECORD. SECTION 2. CONDITIONAL RESTRICTIONS. This zoning assignment to R-4 is conditional. The zoning assignment shall revert back to R-2 One and Two Family if a Preliminary Plat for the property is not approved within one year of the effective date of this ordinance. SECTION 3. SEVERABILITY CLAUSE. If any such section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 60

61 SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication, as provided by law. PASSED AND APPROVED by the Pleasant Hill City Council on, Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 61

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67 t Andrews Dr NE O ak Hi ll D r NE 53rd Ct NE 52nd Ct Dr NE 70th St E as Me t ro Sloans Way NE 12th Ave Parkr id ge Av e l vd ak B NE 65th St NE 60th St Ct N E 78t h NE 72nd St lvd a Ev ns vd Bl SE r Pa k ge ir d D D l ey SE Sunsplash Dr r SE 64th St Beckylynn Blvd Boulder Ridge Ct Coral Ridge Blvd Ridgewood Blvd 56th Ct Alexander Cir Hillside Ct Fawn Cir Pleasant Cir Benjamin Blvd Edgewood Ln r Cardinal Ct r Sunburs t Dr Sunset Cir City of Pleasant Hill Zoning Map Redbud Court SE 6th Ave SE 68th St SE 61st St SE 9th Ave Text SE 43rd St nd Va d ar i l a to Hw y m SE 72nd St SE 42nd St SE 14th Pl R 65 p lia R SE 13th Ave. d Miles Prepared by the Pleasant Hill Community Development Department SE 60th Ct Vand a SE 26 th Pl SE Vandalia Dr R1-90 Residential Single Family CP Commerce Park 27th Pl R-2 SEOne and Two Family C-1 Local Commercial R-3 Townhome Row Dwelling SE 29th Ave C-2 General Commercial / Highway Service I-3 Heavy Industrial R-4 Planned Unit Development C-4 Planned Office Park U-1 Floodplain SE 45th St SE 70th St SE 64th St Carlisle Rd November 28, 2017 Revision idge Rd. SE 78th St Pleasant R SE 60th St Destiny Dr SE 55th St S Shadyview Blvd S Pleasant Hill Blvd SE 8th Pl SE 82nd St Park view D Dee Dr Martin Dr Spring Creek Dr SE 80th St Scott Ave l Va e n Pi Pine Valley D r Parkwood Blvd E 44th St Kimberly Ln S Hickory Blvd Beech Blvd Birch Blvd Linden Blvd E k NE 5th Ave ro N Pleasant Hill Blvd Christie Ln Dr Oa rd Jo B an NE Rising Sun Dr NE Rising Sun Dr t Concord Dr n Ci r e hc Aspe Driv 77t Lexington Dr am ac h NE University Ave NE Dr Goldfinch Dr NE 60th St ch d ar NE University Ave Meacham D r Robin Rd Schweiker Dr Hillcrest Dr Or od wo Sunrise Cir Walnut Dr Grant Cir Independence Dr Susan Ct Dakota Dr Fairview Dr Ash Dr Me Morning Star Ct Jennifer Dr Willow Dr Dean Ave E University Ave NE 64th St Cottage Dr NE 12th Ave Gold Leaf Ln Oak Creek Dr Sherrylynn Blvd Maple Dr N Walnut Blvd m Ti n rl e b y Tyler Blvd Knob Hill Dr lle Va Ci r Bur t Hawthorn Cir le S Winegardner Rd Ma p N Hickory Blvd NE 12th Ave NE 75th St N Shadyview Blvd td r r NE 88th St Searight Dr Ct Dr ar er leg Zi lk st Williams St Lakeview Dr. Ca r rd Windsor Ct Ln ed at e Dr NE 80th St u st a Aug s Pea k Dr Houc ay Cl NE 64th St Ct NE 56th St el pp Lakeview Dr s m W ill ia a Ch n 9t h L Ed ge w NE Windsor Cir Copper Creek Dr urst C Ct Pine h Copper Wynd NE 45th Ct Andrews Pl Wilson Ave NE 1 Fountain Crest Dr NE 51st Ct NE 44th Ct NE 23rd Ave E 42nd St Williams St Easton Blvd R-3A Apartment Condominium SE 32nd Ave 67 R-5 Mobile Home Park SE 32nd Ave C-3 Planned Commercial I-1 Limited Industrial I-2 Light Industrial A-1 Agricultural

68 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL CHRIS WIDMER ASSOCIATE PLANNER PRELIMINARY PLAT AND SITE PLAN FOR LEXINGTON PARK BACKGROUND: The City has received a preliminary plat and site plan for property located at 180 N Pleasant Hill Boulevard generally located south of Fairview Drive, west of N Pleasant Hill Blvd, and north of E Oakwood Drive. The property is currently one acre parcel owned by Nathaniel Hurst with one single-family residence located at the corner of N Pleasant Hill Blvd and Fairview Drive. Paramount Homes is the applicant proposing to subdivide 5.66 acres along the east portion of the parcel into single-family semi-attached and singlefamily lots reserving the west 5.88 acres for future development. The property is currently in the process of being rezoned from R-2 One and Two Family to R-4 Planned Unit Development for the east portion of the parcel. The remaining west portion of the parcel that is noted for future development will remain R-2. The applicant presented a plat of survey prior to this review to further distinguish east and west boundaries. The preliminary plat and site plan provides 30 semi-detached single-family units of lot sizes above the minimum of 2,500 sq. ft. and 2 single-family units above the current R-2 district lot minimum of 8,750 sq. ft. The area surrounding the lots will be common area including the sidewalk, roadway, and stormwater features to be managed privately by a homeowners association. The proposed private street will be a maximum 600 in length and minimum 26 in width with a hammerhead turnaround at the closed end of the roadway as permitted in City Code Chapter 175 on private street design standards. No on street parking will be permitted on the private street. The development will provide new utility, water main, and sanitary sewer easements as necessary. Public water and sanitary easements will be located along the private street but stormwater easements will remain private. Sidewalks will be 6 in width along the edge of the new roadway and there are 8 on-street parking stalls proposed toward the front of the development. Street Lot A located along the eastern boarder of the development is currently designated as an easement for right of way and is planned to be dedicated to the City for right of way at the time of the platting process. The Open Space and Landscaping Requirements of Chapter 168 of the City Code are addressed through the proposed placement of 34 newly planted trees. The 5 existing trees surrounding the current single family residence at Pleasant Hill Blvd and Fairview Drive will also remain. The preliminary plat also provides information about the type of lawn and seed mix to be used and the location of its application. The total area of.323-acres was calculated for the required parkland dedication based on the computation method in Chapter 172 of the City Code s Dedication of Parkland Ordinance. The applicant has requested 68

69 to consider alternatives to dedication of public parkland. Past alternatives have included fee in lieu or reserving land for future parkland dedication with adjacent undeveloped property. Staff recommends to Council that the fee in lieu method be considered as an alternative in the amount of $8,075. The waterway that cuts diagonally through the property is indicated as a Type III Stream per the U.S. Geological Survey 7.5 Minute Series Topological Map. The applicant plans to modify the stream, converting the north section into a swale and allow for the naturalization of wetland to occur and ponding the south section of the waterway for use as wet detention for the developments stormwater management. The waterway will also meet all the requirements of Chapter 104 of the Stream Buffer Ordinance including the indication of buffered areas and protections from clearing, grading, construction or disturbance of vegetation. At the meeting on November 5, the Planning & Zoning Commission recommended approval of the preliminary plat and site plan subject to staff s recommendation for determining a fencing plan for the development and location for a school bus shelter and consider any outstanding staff and engineering comments. Staff s recommendation after working with the applicant and reviewing the conditional provisions presented by Commission is to prohibit above ground fencing on individual lots to allow the appropriate access to maintenance crews in common space areas and to forgo a requirement to place a bus shelter at the entrance of the development based on the close proximity of a current bus stop at Pleasant Hill Elementary and the absence of a DART bus route along Pleasant Hill Blvd. The preliminary plat and site plan remains under review by staff and the City Engineer as of this writing. Staff will provide an update at the November 13 meeting to discuss pending items that still require attention. Following the preliminary plat and site plan consideration, a final plat would be required prior to completion of the project and acceptance of the public improvements. ALTERNATIVES: Not approve the preliminary plat and site plan for Lexington Park, however, it may delay or terminate the project. FINANCIAL CONSIDERATIONS: A development agreement with the applicant by accepting fee in lieu of parkland dedication. RECOMMENDATION: Consider approval of the attached resolution approving the Preliminary Plat and Site Plan for Lexington Park subject to any remaining staff and engineer comments and accepting fee in lieu as an alternative to the dedication of parkland requirement. 69

70 RESOLUTION # A RESOLUTION APPROVING A PRELIMINARY PLAT AND SITE PLAN FOR LEXINGTON PARK WHEREAS, the Pleasant Hill City Council and the Planning and Zoning Commission have received and reviewed the Preliminary Plat and Site Plan for Lexington Park located south of Fairview Drive, west of N Pleasant Hill Blvd, and north of E Oakwood Drive; and WHEREAS, the Planning and Zoning Commission recommended approval of the Preliminary Plat and Site Plan subject to remaining staff and engineering comments and including staff recommendations for determining a fencing plan and placement of a school bus shelter at the November 5, 2018 meeting; WHEREAS, City Staff recommends accepting fee in lieu with the applicant as an alternative to parkland dedication in the amount of $8,075; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Pleasant Hill, Iowa, in Polk County, Iowa, does hereby approve the Preliminary Plat and Site Plan for Lexington Park contingent on the applicant addressing all conditional comments presented by staff and engineering and accepting fee in lieu in the amount of $8,075 as an alternative to parkland dedication. ADOPTED this 13th day of November Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 70

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82 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL CHRIS WIDMER ASSOCIATE PLANNER THIRD READING OF ORDINANCE 845 TO AMEND CHAPTER 172 DEDICATION OF PARKLAND AND CHAPTER 168 ZONING ORDINANCE OPEN SPACE AND LANDSCAPING BACKGROUND: Previously, the City Council approved a contract with Confluence Landscape Architects to complete a comprehensive zoning ordinance review and update. Staff and the Planning and Zoning Commission have been working with Confluence on several portions of the zoning ordinance update and a few sections are ready for review and consideration for adoption. The proposed updates include modifications to the City s Chapter 172 Dedication of Parkland and Chapter 168 Open Space and Landscaping which have been reviewed in depth by Staff and the Commission. The ordinance modifications require a public hearing to be held for consideration of the changes. Modifications to the Landscaping and Buffering Ordinance include clarifications and definitions of allowable plantings including allowing for prairie grass plantings throughout the community. The chapter also updates the prohibited tree list and provides clarity on the requirements for appropriate buffers. Modifications to the Dedication of Parkland Ordinance include language which ties the parkland dedication to the maps provided in the City s adopted Parks, Recreation and Open Space Plan to create planned park sites no less than 7.5 acres in size. The ordinance also provides alternatives for a developer to provide actual park improvements of the same value of land to be dedicated instead of parkland. Credit can also be received by a developer for stream buffer dedication to supplement parkland dedication. Following is the third reading of the ordinance for consideration for modifications to Chapter 172 Dedication of Parkland and Chapter 168 Open Space and Landscaping. ALTERNATIVES: Not approve the third reading of the ordinance for the consideration of the modifications. However, the modifications have been reviewed by the Park and Recreation Commission and the Planning and Zoning Commission with a recommendation for approval. FINANCIAL CONSIDERATIONS: NA RECOMMENDATION: Consider approval of the Third Reading of the Ordinance for the modifications to Zoning Ordinance Chapter 172 Dedication of Parkland and Chapter 168 Open Space and Landscaping. 82

83 Draft ORDINANCE NO. 845 AN ORDINANCE AMENDING CHAPTER 172, DEDICATION OF PARKLAND, AND CHAPTER 168, ZONING ORDINANCE OPEN SPACE AND LANDSCAPING REQUIREMENTS, OF THE CODE OF THE CITY OF PLEASANT HILL, IOWA. BE IT ORDAINED by the City of Pleasant Hill, Iowa: THAT Chapter 172, Dedication of Parkland, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by adding the following new Section and language after Section 172.5, Computations of the Amount of Public Parkland Required, and sequentially renumbering the subsequent Sections: and; Parkland Dedication Location and Minimum Standards. Land dedicated for parkland shall be located within the same neighborhood park service area (as identified in the City s adopted Parks, Recreation, and Open Space Plan) in which the subject development is located. The specific location of the land to be dedicated shall be acceptable to the City, as determined by the Zoning Administrator, and shall be located and planned with future parkland dedications to create a neighborhood park site that will be no less than 7.5 acres in size. All land to be dedicated to meet this with the parkland dedication requirement shall be useable park space as determined by the Zoning Administrator, shall not be located within any floodplain, shall not contain any areas for storm water detention, and shall have cross slopes no greater than 5%. The dedicator of parkland shall be responsible for rough grading, stabilization, and seeding of the parkland and providing paved public street access, sanitary sewer services, and water service to the property. THAT Chapter 172, Dedication of Parkland, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by adding the following language, identified by underlined text, to the end of the present language contained in renumbered Section 172.7, Requirements of Dedication of Land or Easements for Trails (formerly Section 172.6): Requirements of Dedication of Land or Easements for Trails. Where bike/pedestrian or recreational trails are indicated in the Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 1 of 15 83

84 Draft Comprehensive Plan the developer shall be required to dedicate land or trail easements of at least twenty (20) feet in width. This land or easements, if approved by the Council, may serve to satisfy parkland dedication requirements based on the area of land dedicated in fee title or by perpetual easement. and; THAT Chapter 172, Dedication of Parkland, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by deleting the present language contained in renumbered Section 172.8, Alternatives to Dedication of Public Parkland (formerly Section 172.7), and replacing with the following new language: and; Alternatives to Dedication of Public Parkland. In such situations as determined by the Zoning Administrator where all or a portion of land for a neighborhood park cannot be dedicated, the developer shall construct or otherwise complete park improvements within the neighborhood park service area equal to the value of the required parkland dedication. The value of these improvements shall be based on the fair market value of the land to be dedicated. Subject to approval by the City, park improvements may include construction and installation of trails, parking lots, playground equipment, park shelters, tennis courts, basketball courts, ball fields and appurtenances, and landscaping and the dedication of land or easements necessary for planned trails. The developer shall provide written proof of the land s value and written estimates of the costs of the park improvements. THAT Chapter 172, Dedication of Parkland, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by adding the following new Sections and language after Section 172.8, Alternatives to Dedication of Public Parkland (formerly Section 172.7), and sequentially renumbering the subsequent Sections: Stream Buffer Dedication Calculation and Credit. At the discretion of the City, all development, including residential, commercial, and industrial, that includes land identified in the City s adopted Parks, Recreation, and Open Space Plan as greenways shall be dedicated to the City at the time development. For the purposes of this Chapter, greenways required to be dedicated to the City include all required Stream Buffers for Type I and Type II streams as defined in Chapter 104 of the City Code. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 2 of 15 84

85 Draft The dedicator of said required stream buffer may request a credit from the City toward a current or future parkland dedication requirement at the following conversation rate: 1 acre of stream buffer dedicated to the City shall be equivalent and worth 0.10 acres of parkland dedication. If the dedicator of a required stream buffer does not need or want this parkland credit, said credit may be sold or transferred to another developer to apply as credit for a current or future parkland dedication requirement. Written notice and copies of a transfer agreement shall be provided to the City as record of all credits transferred or sold to another party Stream Buffer Dedication Standard. Prior to dedication of any greenbelt or stream buffer to the City, the developer dedicating the land shall have an engineer complete an analysis of the stability of all drainageways within the greenbelt or stream buffer to be dedicated and shall complete any improvements determined necessary to prevent or stop drainageway erosion and maintain long-term bank stability Parkland and Stream Buffer Dedication Agreement and Surety. At the time of development, the developer shall enter into a written agreement with the City to detail the parkland dedication, stream buffer dedication, and/or park improvement. Depending on the timing of the dedication or park improvement, the developer may propose, and/or the City may require the developer to provide adequate surety to the City to ensure completion of the dedication or improvement. The form and amount of surety shall be determined by the City at its full discretion. and; THAT Chapter 168, Zoning Ordinance Open Space and Landscaping Requirements, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by deleting the present Chapter 168 and in lieu thereof, adopting the following as shown on the herein attached Exhibit A. NOW THEREFORE, be it ordained by the City Council of the City of Pleasant Hill, Iowa, that Chapter 172, Dedication of Parkland, and Chapter 168, Zoning Ordinance Open Space and Landscaping Requirements, shall be amended as adopted herein. FURTHER, this Ordinance shall be in effect from and after its final passage, approval and publication provided by law. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 3 of 15 85

86 Draft PASSED by the Council the day of 2018, and approved this day of CITY OF PLEASANT HILL, IOWA By: Sara Kurovski Its: Mayor ATTEST TO: By: Dena Spooner Its: City Clerk/Finance Director Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 4 of 15 86

87 Draft EXHIBIT A CHAPTER 168 LANDSCAPING AND BUFFERING Purpose Applicability Definitions Review and Approval Process Landscaping Required Buffering Plant Materials Standards Maintenance and Replacement Purpose. Landscaping and landscaped open spaces provide multiple benefits including energy conservation, increased property values, and an enhanced aesthetic quality throughout the City. Combined, these benefits promote the health and general welfare of the citizens of Pleasant Hill. The purpose of this Chapter is to establish minimum standards to achieve the following objectives: 1. Preservation of existing vegetation and topsoil. 2. Protection of water quality and wildlife habitat. 3. Reduction of heat generated from paved surfaces. 4. Buffering of incompatible land uses and screening negative site elements. 5. Enhancement of the overall appearance and natural beauty of the community Applicability. These regulations shall apply to new development, the redevelopment of existing sites, all site modifications including building additions and expansions, new parking lots and paved area expansions, and the subdivision of land within all zoning districts Definitions. 1. Deciduous Ornamental Tree. A deciduous tree (often an ornamental type tree) that reaches a mature height of less than 30 feet. 2. Deciduous Shade Tree. Defined as a deciduous tree with one vertical stem or trunk which begins branching at a height of six (6) feet or more and has a distinct crown that reaches a mature height of at least 30 feet. 3. Evergreen / Coniferous Tree. Defined as a tree that has needle-shaped or scale like leaves that remain green throughout the year; commonly referred to as pine, fir, and spruce trees. These trees generally reach a mature height of over 25 feet. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 5 of 15 87

88 Draft Invasive Plant Species. A plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality. Invasive plants are those plants recognized by the Iowa Department of Natural Resources (Iowa Code; Chapter 317.1A Noxious weeds). 5. No Mow and Low Maintenance Grasses. Defined as cultivated grasses that do not grown taller than 12 inches or require limited mowing to maintain a height of 12 inches or less. 6. Open Space. Any area not covered by a building, structure, parking lot, loading area, driveway, or other similarly paved area. Open space may include sidewalks, trails, pedestrian plazas and patios, and landscaped parking lot islands. 7. Ornamental Grasses. Defined as tall perennial grasses, generally over 24-inches at mature height, that are specifically grown and cultivated for their decorative properties. Most of the commonly used ornamental grasses are non-native, introduced species such as: Feather Reed Grass, Blue Oat Grass, Silvergrass, and Fountain Grass. 8. Prairie Grass Plantings. Native grasses and forbs (flowering plants) found within the native prairie environment typical for the area prior to clearance and cultivation of the land by European settlers. For the purposes of this Chapter, prairie plantings may contain native grasses without forbs to simplify prairie plant installation and maintenance. 9. Turf Grass. A continuous plant coverage consisting of a grass species that is mowed or maintained at an established height of 6 inches or less and can include native and non-native vegetation, e.g., Kentucky Blue Grass, Perennial Ryegrass, Tall Fescue, Fine Fescue, Buffalo Grass Review and Approval Process. The following review and approval process shall be required for all landscape plans and plan modifications. 1. Plan Approval. A landscape plan that follows the provisions of this Chapter shall be submitted as part of any application for approval of a Site Plan and as part of any application for approval of a Preliminary Plat that is for a detached single-family residential subdivision. No building permit shall be issued without an approved landscape plan in accordance with this Chapter. 2. Plan Submittal Requirements. The landscape plan shall be prepared and signed by a licensed landscape Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 6 of 15 88

89 Draft architect or other licensed professional with competency in preparing landscape plans. The plan set shall include the following: A. Property boundary and general location of all existing and proposed structures, fences, walls, paved areas, parking lots, utilities, easements, and storm water management facilities. B. Identification of all required Stream Buffers (see Chapter 104) C. Existing and proposed grades. D. Identification of all existing landscaping including whether it is to be preserved or removed. E. Details for the methods by which existing landscaping planned to be preserved will be protected during site construction. F. Identification of all proposed landscaping include plant species and size. G. Identification of all proposed ground cover. H. Width and details for all required buffers including buffer type and plant quantifies. I. Details of all required screening. J. Specifications for soil conditioning and plant installation. K. Summary of the following site details: (1) Square footage of the total site area. (2) Sum square footage of all impervious areas. (3) Square footage of the current and proposed building footprint area and paved areas (not including sidewalks, patios, and pedestrian plaza). (4) Required open space calculations and square footage of open space provided. (5) Calculation of the require landscaping and summary of landscape provided. L. Other information as required by the Zoning Administrator. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 7 of 15 89

90 Draft M. The Zoning Administrator may waive any of these required elements if determined unnecessary to ensure compliance with this Chapter. 3. Final Approval. Prior to approval of a Final Plat for any detached single-family residential subdivision and prior to issuance of a Certificate of Occupancy for any building, all landscaping must be installed in accordance with the approved landscape plan. Should any of the required landscaping not be installed prior to a request for Final Plat approval or Certificate of Occupancy, due to weather conditions or time of the year, the Zoning Administrator, at their sole discretion, may accept a cash surety or performance bond as a guarantee of installation and approve the Final Plat or issue a temporary Certificate of Occupancy. The surety amount shall be no less than one and one-half (1½) times the cost of installation. 4. Modifications. The Zoning Administrator may administratively review and approve requests for minor changes to any approved landscape plan, such as changes in plant materials or plant locations, provided those changes comply with the requirements of this Chapter and do not materially alter the appearance of the site. 5. Nonconformities. Existing developed sites seeking approval of a building permit or site plan approval for any site modifications including building additions and paving expansions shall attempt to bring the entire property into full compliance with the requirements of this Chapter. At a minimum, all new buildings, building additions, new parking lots, and new paved areas shall comply with the regulations of this Chapter. No site plan or building permit shall be approved that causes or increases a site s nonconformity with this chapter Landscaping Required. 1. Open Space. All sites shall provide no less than the minimum amount of landscaping as required for each zoning district. 2. Ground Cover. A. All area unencumbered by buildings, paving or hard-surfaced, shall be landscaped with turf grass, prairie grass plantings, plant beds, shrubs, and trees. No mow and low maintenance grasses should not Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 8 of 15 90

91 Draft be utilized within the street rights-of-way, within parking lots, and within the front yard area of any site and should be restricted to low traffic and low visibility areas or larger areas within a site intended to be preserved and maintained as a more natural area. B. Except for detached single-family residential properties, wood-based mulch shall be used around all plantings and in all plant beds. Large areas of wood mulch that do not contain plantings shall not be permitted except when used around play structures. Inorganic ground cover material, including rock, chip brick, and synthetic turf (unless part of a designated sport field or play surface), is prohibited except along building foundations, around drainage structures, and in other limited applications as may be deemed acceptable by the Zoning Administrator. 3. Minimum Open Space Landscape Requirements. A. The following minimum open space plantings shall be required for all sites except for detached single family residential properties. One (1) deciduous shade tree, two (2) deciduous ornamental trees, and two (2) shrubs shall be planted for every 2,000 square feet of required open space. However, the minimum required landscape for all sites shall be no less than one (1) deciduous shade tree, two (2) deciduous ornamental trees, and two (2) shrubs. This landscaping is in addition to landscaping required for parking lot landscaping and open space plant materials shall not count towards the fulfillment of any other landscaping requirement. 4. Off-Street Parking, Driveways and Loading Areas. A. Applicability. The following standards shall apply to all off-street parking and loading areas with five (5) or more parking stalls or with more than 1,500 square feet of paved area. Off-street and loading area required plant materials shall not count towards the fulfillment of any other landscaping requirement. B. Parking Lot Design. (1) All rows of parking shall be terminated with a curbed landscaped island that is a minimum nine (9) feet wide and no less than 16 feet in length (32 feet in length for head-tohead parking stalls). Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 9 of 15 91

92 Draft Buffering. (2) No off-street parking or loading area shall be more than 75 feet from a deciduous shade tree located within a landscaped open space area. (3) Sidewalks that abut the front edge of any parking stall shall be no less than seven (7) feet wide to accommodate a two (2) feet vehicle overhang. C. Landscaping Required. All parking lot islands shall be landscaped with a combination of turf grass, prairie grass plantings, plant beds, shrubs, and trees. Rock, chip brick, pavers, pavement and similar hard surfacing shall not be permitted within a parking lot island. Sidewalks may be constructed within a parking lot island as necessary to accommodate pedestrian circulation. No less than one (1) deciduous shade tree shall be planted within each required landscaped island. D. Parking Lot Screening. 1. Buffers Required. Whenever an off-street parking area fronts along a public street an average of one (1) deciduous shade tree and two (2) deciduous ornamental trees shall be planted every 50 feet within the parking lot setback area. Additionally, a minimum three (3) foot tall vehicle headlight screen shall be installed between the parking lot and the adjoining street. This screen can be constructed with any combination of prairie plantings, shrubs, ornamental grasses, earth berming, and low masonry walls. Buffers are required, as provided in this Chapter, for the following conditions. Properties separated by a public street right-of-way are not considered adjoining for the purposes of this section. A. Between any residentially zoned or developed property and any adjoining commercial, office, or industrial uses. B. Between any single family detached residentially zoned or developed property and any multi-family residential use. C. Between any commercial or office zoned or developed property and any industrial use. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 10 of 15 92

93 Draft D. Double Frontage Lots. Any proposed detached single-family residential lot that has both its front and rear lines abutting a street shall have a buffer from the street along its rear yard. No fences or structures shall be permitted within this buffer and the rear yard building setback shall be measured from the buffer yard line. 2. Burden of Providing a Required Buffer. The burden of constructing and maintaining a required buffer shall be determined as follows: A. In the case of a buffer required between two (2) undeveloped properties, the property with the more intensive zoning shall be burdened with the buffer requirements. B. In the case of a buffer required between an undeveloped and a developed property, the property proposing the development shall be burdened with the buffer requirements. C. In the case of a buffer required between a property proposed for redevelopment and a developed property, the property proposed for redevelopment shall be burdened with the buffer requirements. D. Two properties may agree to transfer or share the burden of a required buffer. 3. General Provisions. A. All building and parking lot setbacks shall be measured from the closest edge any required buffer yard. B. No structures or parking lots or loading areas may be permitted within a required buffer. Fences, sidewalks, and trails may be permitted within a required buffer except that no fence may be constructed within a buffer that fronts along a street. C. Buffer plantings should be in small groupings to appear more natural versus evenly spaced in a line. D. Earth berming required within a buffer may vary and undulate to accommodate drainage and to provide a more nature appearance. 4. Buffer Options. Any of the following options may be utilized for the initial development, unless a specific requirement is established by agreement with neighboring Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 11 of 15 93

94 Draft property owners; by the Board of Adjustment for a conditional use; or by the City Council as a condition of zoning or site plan approval to mitigate conditions that may otherwise be detrimental to adjoining residential properties. A. 30-Foot Wide Buffer. (1) Minimum Width: 30 feet. (2) Landscape Requirements: For every 25 linear feet of required buffer a minimum of 1-overstory tree, 3-evergreen trees, and 6-shrubs shall be planted. (3) Earth Berming: three (3) foot tall. B. 60-Foot Wide Buffer. 5. Buffer Reduction. (1) Minimum Width: 60 feet. (2) Landscape Requirements: For every 25 linear feet of required buffer a minimum of 2-overstory trees, 5-evergreen trees, and 10-shrubs shall be planted. (3) Earth Berming: three (3) foot tall. Should the burden of a buffer requirement cause a property to become practically undevelopable, at the sole discretion of the City, the width of a required buffer may be reduced in lieu of the installation of additional landscaping, a minimum six (6) foot tall privacy fence or masonry screen wall, and other measures necessary to mitigate the impact on the property to be buffered Plant Materials Standards. 1. Plant Materials. All plants shall be of the type and species appropriate for the climate and location being planted. All plant material shall be commercially produced and meet the minimum standards recognized by landscape professionals. To reduce the threat and impact of plant disease, multiple plant types and species shall be utilized on each site. No less than 40% of the plant material on an individual site shall be species native to Iowa. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 12 of 15 94

95 Draft Ornamental and prairie grass plantings must be appropriate in size, scale, quantity, and type for the location they are being placed so not to appear unkept or encroach walkways and driveways. The City declares that invasive nonnative species as listed by the most recent publication of the Iowa Department of Natural Resources (IDNR s) list of invasive plant species are a public nuisance that degrades landscaped and natural areas. The City shall prohibit the planting of any nonnative invasive plant species in all public and private properties. 2. Prohibited Trees. The following trees are prohibited: A. Ash (all species/cultivars) B. Black Locust C. Birch, White/Paper D. Boxelder E. Eastern Cottonwood (seedless varieties are permitted) F. Elm (all species/cultivars except Accolade and Commendation) G. Maple, Silver/Norway/Amur H. Pear (all species/cultivars) I. Poplar (all species/cultivars) J. Russian and Autumn Olive K. Trees with thorns 3. Minimum Plant Sizes. All plant sizes shall meet the following size and design requirements: A. Deciduous Shade Trees minimum 2.0-inch caliper, measured six (6) inches above the immediate ground level B. Deciduous Ornament Trees minimum 1.5-inch caliper, measured six (6) inches above the immediate ground level C. Evergreen / Coniferous Tree minimum 5-feet in height Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 13 of 15 95

96 Draft D. Shrubs minimum three (3) gallon container E. Ornamental Grasses minimum one (1) gallon container 4. Plant Locations. All plantings shall comply with the following: A. In general, all plants shall be sited and spaced in a manner to allow for appropriate growth to mature size. B. Trees shall be located no closer than six (6) feet to the back of curb along any street or driveway and no closer than four (4) feet to the edge of any parking lot, sidewalk or walkway. C. Ornamental and prairie grasses with a mature height of over four (4) feet shall not be permitted within the front yard area of any residential property. D. Landscaping must meet minimum clearances from all fire hydrants and building sprinkler systems as required by the fire department. E. Deciduous shade trees should not be placed within any public sanitary sewer, storm sewer or watermain utility easement. F. No landscaping shall be planted in violation of the City s street intersection vision clearance requirements. G. A permit must be obtained prior to planting any street tree or landscape material in the public right-of-way and shall comply with all City clearance and setback requirements. 5. Plant Substitutions. Substitution of required plant materials may be made as follows: A. One (1) deciduous shade tree may be substituted in place of 10 required shrubs. B. One (1) deciduous ornamental tree may be substituted in place of five (5) required shrubs. C. One (1) evergreen/coniferous tree may be substituted in place of one (1) required deciduous shade tree. D. One (1) deciduous shade tree may be substituted in place of two (2) required deciduous ornamental trees. Deciduous ornamental trees Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 14 of 15 96

97 Draft may not be substituted for required deciduous shade trees. E. Three (3) ornamental grasses may be substituted for one (1) required shrub. 6. Existing Trees and Tree Preservation Credit. The preservation of existing trees on a site is encouraged when they are in good condition and at least 2-inch caliper in size. Such trees may be counted as part of the required number of trees on a site. A credit of two (2) trees toward the number trees shall be given for each existing tree on a site that is of the type of tree listed in the above sections which is over ten (10) inch caliper in size measured six (6) inches above the immediate ground level. However, this credit may not be applied in reducing the number of required interior parking lot trees, unless the tree is located within the parking lot area Maintenance and Replacement. 1. Maintenance. All property owners shall maintain all landscaping including regular mowing, trimming, and pruning and removal of dead, dying, or diseased plant material and keep the property clear from weeds, debris, and litter. Plant material shall be regularly trimmed and pruned to keep from encroaching sidewalks, walkways, driveway, and parking areas. 2. Replacement. The owner of any lot or parcel for which a landscape plan has been approved under this section shall further be responsible for the replacement of any dead, dying, or diseased plant material to remain in compliance with the approved landscape plan. Should a tree for which a landscape credit was given, die, become diseased, or is otherwise removed, the owner of the property on which the tree is located shall replace the tree at the same ratio at which the credit was originally given. Failure to maintain the landscaping in accordance with this provision shall constitute a violation of the site s site plan and/or building permit approval and certificate of occupancy. Pleasant Hill Zoning Code Update Chapter 168 and Chapter 172 Page 15 of 15 97

98 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL CHRIS WIDMER ASSOCIATE PLANNER THIRD READING OF ORDINANCE 846 TO AMEND CHAPTER 122 PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS BACKGROUND: Previously, the City Council approved a contract with Confluence Landscape Architects to complete a comprehensive zoning ordinance review and update. Staff and the Planning and Zoning Commission have been working with Confluence on several portions of the zoning ordinance update and a few sections are ready for review and consideration for adoption. The proposed updates include modifications of the City s Chapter 122 Peddlers, Solicitors, and Transient Merchants to allow for Mobile Food Units which has been reviewed by staff, Planning and Zoning Commission, and Park and Recreation Commission. The ordinance modifications require a public hearing to be held for consideration of the changes. The modifications to Chapter 122, Peddlers, Solicitors, and Transient Merchants incorporate regulations to allow Food Trucks to operate in the City outside of special events. Currently, food trucks are only allowed as a part of a special event application. The ordinance modifications provide for a permitting and licensing process in which food trucks would be able to operate a unit on private property with the permission of the property owner in a commercial or industrially zoned district with an active business use. Food trucks are only allowed on public property with the approval of a special event application. Following is the third reading of the ordinance for consideration for modifications to Chapter 122 Peddlers, Solicitors, and Transient Merchants. ALTERNATIVES: Not approve the third reading of the ordinance for the consideration of the modifications. However, the modifications have been reviewed by Planning and Zoning Commission with a recommendation for approval. FINANCIAL CONSIDERATIONS: NA RECOMMENDATION: Consider approval of the Third Reading of the Ordinance for the modifications to Zoning Ordinance Chapter 122 Peddlers, Solicitors, and Transient Merchants. 98

99 Draft ORDINANCE NO. 846 AN ORDINANCE AMENDING CHAPTER 122, PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, OF THE CODE OF THE CITY OF PLEASANT HILL, IOWA. BE IT ORDAINED by the City of Pleasant Hill, Iowa: THAT Chapter 122, Peddlers, Solicitors and Transient Merchants, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by changing the title of this Chapter to the following: and; CHAPTER 122 PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS, AND MOBILE FOOD UNITS THAT Chapter 122, Peddlers, Solicitors and Transient Merchants, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by adding the following language, identified by underlined text, to the end of the present language contained in Section 122.1, Purpose: and; Purpose. The purpose of this chapter is to protect residents of the City of Pleasant Hill against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors and transient merchants, and to ensure the safety of residents by licensing and regulating mobile food units. THAT Chapter 122, Peddlers, Solicitors and Transient Merchants, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by adding the following new definitions, in alphabetical order, to the present list of definitions contained in Section 122.2, Definitions: Mobile Food Unit means any type of annually licensed food establishment that is a readily movable vehicle (on wheels), that is self-propelled (driven), or can be pulled or pushed to a location and used for the vending of food or beverage items to the public. Pleasant Hill Zoning Code Update Chapter 122 Page 1 of 11 99

100 Draft Mobile Food Unit Classification means the type of mobile food unit based upon the type of menu items being served and preparation and storage requirements for the defined menu items based upon the Iowa department of inspections and appeals mobile food unit guide. Mobile Food Vendor means a person engaged in the business of selling food or beverages from a mobile food unit. Pushcart means a not self-propelled mobile food unit that is pushed or pulled by the mobile food vendor to a location and serves a limited offering of food or beverage items. State Licensing Level Classification means the Iowa Department of Inspections and Appeals established four (4) classification levels for mobile food vendors that will be referenced as a part of this Chapter. There are more requirements for each of the levels but in general the levels are as follows: A. Class I: Nonrefrigerated vending units that serve only intact, nonpotentially hazardous commercially prepackaged food and beverages. Examples include chips, crackers, cookies, soda, and sweets in manufacturer's packaging. B. Class II: Refrigerated or hot vending units that serve potentially and non-potentially hazardous commercially prepackaged foods from an approved source. Examples include packaged sandwiches, ice cream bars, individually wrapped and cooked hot dogs. No cooking is allowed as part of a class II unit. C. Class III: Units that serve potentially and non-potentially hazardous packaged food and unpackaged foods with limited assembly. These units are limited to precooked foods from an approved source that may be reheated on the unit. Examples include pushcart operations, packaged salads, hot dogs, shaved ice. D. Class IV: Units that serve potentially and non-potentially hazardous foods that are prepared, cooked, cooled or reheated and assembled on the unit. Examples include self-contained mobile food units, food trucks and any units that are capable of preparing and producing food items from precooked and/or raw products (meat, fish, poultry, plant foods and dairy products) to finished product for consumption. and; Pleasant Hill Zoning Code Update Chapter 122 Page 2 of

101 Draft THAT Chapter 122, Peddlers, Solicitors and Transient Merchants, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by adding the following new Section and language after Section , Time Restriction, and sequentially renumbering the subsequent Sections: Mobile Food Units. 1. Mobile Food Unit Licensing: It shall be unlawful for any person to engage in the sale of food or beverages to the public from a temporary or mobile facility within the corporate limits of the City of Pleasant Hill without first obtaining a mobile food unit license from the City, in addition to any other state, federal, or county permits, certifications and licenses. A. A mobile food unit license is an annual license that expires on April 15 each year and must be renewed prior to the first event after that date. B. Each mobile food unit shall be licensed separately. No license transfer is allowed. C. Although certain activities may be exempt from the licensing requirements of this chapter, any food service to the public in the City of Pleasant Hill shall comply with all other local, county and state requirements for health inspections, licensing, safety and fire code requirements. D. The following shall be exempt from this requirement: (1) Catering businesses. (2) Grilling and food preparation activities of brick and mortar establishments on the establishment's premises for immediate consumption by patrons or employees. (3) Concession stands associated with sports or recreational venues that have been approved as part of a site plan or permitted conditional use permit for the venue. 2. License/Inspection Fee(s): At the time of the submittal of a license application, the applicant shall pay to the City Clerk Pleasant Hill Zoning Code Update Chapter 122 Page 3 of

102 Draft the applicable license fee in addition to any applicable inspection fee(s). A. The amount of the license and applicable inspections fee(s) shall be determined in accordance with an established fee schedule, which fee schedule may be modified from time to time with approval of the City Council. B. Any licensee who surrenders their license prior to the date of expiration shall not be entitled to a refund of any portion of the fee. 3. Fire Department Inspection: A. All mobile food units that have cooking facilities or use products with grease laden vapors (Class III and Class IV state licenses) shall be inspected by the Fire Department prior to initiation of business operations within the City. B. Inspections are required annually and prior to issuance of a mobile food vending license. It shall be the obligation of the mobile food vendor to schedule the inspection with the Fire Department. Class I and II state license classifications are not required to meet this inspection requirement. C. All Class III and IV mobile food units shall have an acceptable fire suppression system, as determined by the Pleasant Hill Fire Department. D. Upon completion of the annual fire inspection, a certificate shall be issued to the applicant to verify completion of the fire inspection. Said certificate shall be kept in the vehicle during operation. E. At the discretion of the Pleasant Hill Fire Department, they may accept the inspection of the mobile food unit by another city's fire inspector to satisfy the annual inspection requirement. The applicant is obligated to contact the Fire Department to verify whether or not another community's inspection is adequate to fulfill Pleasant Hill Zoning Code Update Chapter 122 Page 4 of

103 Draft obligation of City of Pleasant Hill inspection requirements. 4. Mobile Food Unit Licensing Application: A. Filing: Application requests shall be filed with the City Clerk. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title. This includes a complete and true application, all of the required materials and information prescribed, and is accompanied by the appropriate fees. B. Timely Submittal: Unless otherwise provided herein, applications must be submitted not less than Fourteen (14) calendar days prior to the proposed start date of the mobile food unit activities. The City reserves the right to reject any applications that have not been timely submitted to the City. C. Applicant's Responsibility: Receiving approval of a mobile food unit license from the City shall not preclude, supersede, circumvent, or waive the applicant's responsibility to obtain any additional permits, licenses, and approvals for other applicable local, state, and federal regulations. D. Application Contents: Application shall be made on a form provided by the city and shall include: (1) Full name of the applicant. (2) Applicant's contact information including mailing address, phone numbers, and address. (3) State health inspection certificate with the classification level of the state license. (4) Description of the kitchen facilities, cooking facilities, preparation area, safety features (such as, but not limited to, suppression system) of the mobile food unit. Pleasant Hill Zoning Code Update Chapter 122 Page 5 of

104 Draft (5) Photographs of the mobile food unit from the front, side and back. (6) Make, model, and year of vehicle to be used and the license plate number (7) Overall size of the vehicle; length and width. (8) Copy of Fire Department inspection certificate. (9) Fee. (10) Such other information as the City of Pleasant Hill may require for purposes of conducting a background check and fingerprinting. If it is determined that a nationwide background check is required, the applicant may be responsible for the expense to complete the background check; E. Applications Deemed Withdrawn: Any application received shall be deemed withdrawn if it has been held in abeyance, awaiting the submittal of additional requested information from the applicant, and if the applicant has not communicated in writing with the City and made reasonable progress within thirty (30) days from the last written notification from the City to the applicant. The application fee is nonrefundable. Any application deemed withdrawn shall require submission of a new application and fees to begin a new review and approval process. F. Issuance of License: Upon completion of the review process and a determination of compliance with the applicable regulations, the City Clerk will issue a mobile food unit license. G. Modification of License After Issuance: Should the mobile food vendor change the food or beverage being offered during the term of an issued license that would change the designation of the mobile food unit to a higher state licensing level classification, a new application and fire inspection shall be required. Pleasant Hill Zoning Code Update Chapter 122 Page 6 of

105 Draft Mobile Food Units on Public Property: No mobile food unit may be operated on public property except as part of an approved event under a public property special event approved by the City. Mobile food units shall be responsible for providing their own power, water, waste water collection, and garbage collection. 6. Mobile Food Units on Private Property: Mobile food units shall not be parked or operate on an individual property or site for more than eight (8) hours within a 24-hour period, except as part of an approved public property special event, approved residential block party, or private catering arrangement. Any mobile food unit not exempted above that wishes to occupy a site for more than an eight (8) hour period must obtain approval from the Zoning Administrator following regulations contained within Chapter 3, District Regulations, Section 18, Performance Standards, Subsection 2, Outdoor Sales and Displays. 7. Unattended Mobile Food Unit: No mobile food unit shall be left unattended or stored on any site overnight, unless the mobile food unit is a participant in a multiple (contiguous) day, city permitted, public property special event. Any mobile food unit found unattended shall be considered in violation of these regulations and subject to license revocation, municipal infraction, towing, or any other action legally allowed. 8. Music and Sound Making Devices: The use of music or sound making devices as a part of a mobile food unit shall be prohibited, unless expressly allowed as part of an approved event. 9. Mobile Food Unit Performance Standards: Persons conducting business from a mobile food unit must do so in compliance with the following standards: A. The mobile food vendor must obtain expressed written consent of the property owner or lessee to use the property on which they propose to operate and that the employees and customers of the mobile food unit have access and permission to use the restroom facilities located on the property. The written consent must be kept in the unit at all times that the unit is on Pleasant Hill Zoning Code Update Chapter 122 Page 7 of

106 Draft the property. Written consent does not excuse or permit the violation of any other imposable regulations. B. The operator of the mobile food unit shall display their City license in full view of the public in or on the unit. C. Mobile food units shall only be allowed on nonresidential, commercially or industrially zoned properties that contain an active business use, except in the case of an approved residential block party or private catering arrangement, so long as it is in compliance with all other City code requirements related to residential property. D. Mobile food units that are within three hundred feet (300') of a residential use or residentially zoned property, shall be limited to hours of operation between seven o'clock (7:00) A.M. and ten thirty o'clock (10:30) P.M. E. A mobile food unit operating on nonresidential property (excluding those operating as part of city permitted "public property special event") may only do so during the usual posted business hours of the consenting business(es) of the property the mobile food unit is utilizing or during the posted hours of the city park being utilized. Mobile food units may enter a nonresidential property in order to set up to conduct business up to one-half (1/2) hour (30 minutes) prior to the usual posted opening time of the corresponding business or city park and must depart from the property no later than one-half (1/2) hour (30 minutes) after the usual posted closing time of the corresponding business or city park. In the case of operating a mobile food unit on nonresidential property where the corresponding business(es) does not have usual posted business operating hours or operates on a twenty-four (24) hour type basis, the mobile food unit may not remain on the premises for longer than eight (8) hours and must depart for at least sixteen (16) hours before reentering unless operating under an approved public property special event. Pleasant Hill Zoning Code Update Chapter 122 Page 8 of

107 Draft F. A mobile food unit operating on nonresidential property as part of a city permitted public property special event may only do so during the granted time period for the event. G. Mobile food units must maintain a minimum separation between units of fifteen feet (15'). H. Mobile food unit operation is not a generally acceptable use of a nonresidential parking lot and may only be allowed if doing so does not diminish the usable number of parking spots within the lot to below the minimum threshold needed as established by the city site plan for the property. It is the joint responsibility of the property owner or lessee and mobile food unit owner to ensure that this provision is not violated. Exceptions to this rule may be applied for by way of a city approved temporary site plan amendment. I. Mobile food units shall serve patrons which are on foot only; no drive-up service to the unit itself shall be provided or allowed. J. The mobile food unit must be located on a paved surface, unless approved as part of a public property special event or through a temporary site plan amendment. K. No mobile food unit may be located on a vacant property or lot with a vacant building. Exceptions to this rule may be granted by city staff after a review of the particular property and the vendor has been able to make arrangements to ensure safe and sanitary conditions. This would include but is not limited to: employee access to restrooms, adequate access for fire and police personnel/vehicles, and that the site in general is free from hazards or dangerous conditions. L. No mobile food unit may operate within one hundred feet (100') of a permanent restaurant or business offering food or beverage services unless they receive expressed written consent of the restaurant or business owner. Pleasant Hill Zoning Code Update Chapter 122 Page 9 of

108 Draft M. All mobile food units shall maintain a minimum separation from buildings, five feet (5') for state Class I and II units and fifteen feet (15') for state Class III and IV units, as measured to the closest building element including awnings or canopies, tents or membrane structures. Location of the food unit shall not impede pedestrians entering or exiting a building. N. The window or area where a patron orders and receives their purchase shall be located so as to not require a patron to stand or create a line that may cause pedestrians to be in the public right of way, vehicle travel lane, including parking lot drive aisles, or similar situation that may create a potential safety hazard. Adequate safe space for patrons waiting for their order must be available on the property where the mobile food unit is located. O. With the exception of pushcarts as allowed herein, no mobile food unit shall be placed on a public or private sidewalk. Pushcarts may locate on or adjacent to a private sidewalk or public sidewalk only as part of an approved public property special event. However, a minimum forty-eight-inch (48") open walkway must be maintained for passing pedestrians. The placement of the pushcart shall be in such a manner so as to minimize encroachment into the forty-eight-inch (48") walkway by patrons waiting in line for service from the pushcart. P. Signs are limited to those that are attached to the exterior of the mobile unit and must be mounted flat against the unit and not project more than six inches (6") from the exterior of the unit. No freestanding signs, banners, flags, or similar items are allowed. Off premises signs directing patrons to the mobile food unit are prohibited. Q. During business hours, the mobile food vendor shall provide a trash receptacle for use by customers. R. The mobile food vendor shall keep the area around the mobile food unit clear of litter and debris at all times. Pleasant Hill Zoning Code Update Chapter 122 Page 10 of

109 Draft S. All mobile food units shall be located in such a manner as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding entering and exiting from a building, creating a visual impediment for the motoring public at drive entrances, intersections, pedestrian crossings, or similar movement and access. 10. Property Owner/Lessee Responsibility: By allowing the mobile food unit on their property, the property owner or lessee jointly and severally with the vendor are responsible for compliance with this chapter and to ensure the safety of pedestrians and access of emergency vehicles to and around the site. Failure to do so could result in the property owner or lessee being party to any enforcement actions or penalties allowed by law. NOW THEREFORE, be it ordained by the City Council of the City of Pleasant Hill, Iowa, that Chapter 122, Peddlers, Solicitors and Transient Merchants, shall be amended as adopted herein. FURTHER, this Ordinance shall be in effect from and after its final passage, approval and publication provided by law. PASSED by the Council the day of 2018, and approved this day of CITY OF PLEASANT HILL, IOWA By: Sara Kurovski Its: Mayor ATTEST TO: By: Dena Spooner Its: City Clerk/Finance Director Pleasant Hill Zoning Code Update Chapter 122 Page 11 of

110 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER APPROVAL OF FEDERAL FUNDS PROCUREMENT POLICY BACKGROUND: The City has an existing purchasing policy that was most recently adopted in the spring of That policy does not address all of the FEMA requirements for the receipt of federal reimbursement funds for expenses related to the flooding event this summer. The Department of Homeland Security and Emergency Management office has asked the City to update its procurement policy to comply with the requirements in 2 CFR Part 200 that applies to federal funds. Following is a resolution to approve a procurement policy for use when expending funds for a federally funded project. ALTERNATIVES: Not approve the updated Procurement Policy for federal funds, however, any applicant for FEMA funds that does not have a procurement policy that meets the federal guidelines in place will be rated as high risk. FINANCIAL CONSIDERATIONS: This could affect the City s ability to receive federal funds if the policy does not comply. RECOMMENDATION: Approval of the federal funds Procurement Policy. 110

111 ` RESOLUTION # RESOLUTION APPROVING PROCUREMENT POLICY FOR FEDERAL FUNDS CITY OF PLEASANT HILL WHEREAS, the City of Pleasant Hill currently has a purchasing policy effective April 11, 2017; and WHEREAS, said policy does not currently comply with updated requirements in 2 CFR Part 200 to receive federal funds; and, WHEREAS, City staff has prepared a procurement policy recommended from Homeland Security that meets said federal guidelines, and the Pleasant Hill City Council has reviewed said policy; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill, Iowa that the Procurement Policy for the City of Pleasant Hill for federal funds as attached and made a part of this resolution is hereby approved and effective immediately. ADOPTED November 13, 2018 Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 111

112 City of Pleasant Hill PROCUREMENT POLICY Federal Fund Programs PURPOSE The purpose of this procurement policy is to ensure that sound business judgement is utilized in all procurement transactions and that supplies, equipment, construction and services are obtained efficiently and economically and in compliance with applicable federal and state law and executive orders and to ensure that all procurement transactions will be conducted in a manner that provides full and open competition. These procedures will ensure that all solicitations incorporate clear and accurate descriptions of the technical requirements for the goods or services being procured. Chapter 26 and Section of the Iowa Code will be followed on all applicable purchases. All other appropriate sections of the Iowa Code shall also apply. APPLICATION This procurement policy only applies to the procurement of all supplies, equipment, construction, and services for the City of Pleasant Hill that involve any federal program funding. The City s purchasing policy will apply for all non-federal program funded projects. In regards to any such federal programs, all procurement will be done in accordance with 2 CFR; Part 200. Chapter 26 and Section of the Iowa Code will be followed on all applicable purchases. All other appropriate sections of the Iowa Code shall also apply. When federal requirements conflict with local or state requirements, the federal requirement, or most restrictive requirement will be followed. POLICY METHODS OF PROCUREMENT Procurement under grants shall be made by one of the following methods, as described herein: (a) small purchase procedures; (b) sealed bids (formal advertising); (c) competitive proposals; (d) noncompetitive proposals. A. Micro-Purchase Procedures (a) i. The acquisition of supplies or serves, the aggregate dollar amount of which does not exceed the micro-purchase threshold - $10,000 (200.67) ii. To the extent practicable, must distribute micro-purchases equitably among qualified suppliers iii. May be awarded without soliciting competitive quotations if the non-federal entity considers the price to be reasonable B. Small Purchase Procedures (b) i. Are those relatively simple and informal procurement methods for securing services, supplies, or other property that does not cost more than the simplified acquisition threshold - $250,000 (200.88) ii. Price or rate quotations are to be obtained from an adequate number of qualified sources

113 C. Sealed Bidding (formal advertising) (c) i. Lowest priced, responsive, responsible, bidder WINS ii. The preferred method for construction when sealed bidding is feasible, which is when certain conditions are present iii. Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time before date for the opening of bids iv. Bids will be opened at the time and place prescribed in the invitation for bids v. Must publicly advertise the invitation for bids vi. Bids must be opened publicly vii. Other procedural requirements at (c)(2) D. Competitive Proposals (d) i. Used when conditions are not appropriate for the use of sealed bids ii. The appropriate method when more than one source is expected to submit an offer and either a fixed-price or cost-reimbursement type contract is awarded iii. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered iv. Requests for proposals must be publicized and identify all evaluation factors and their relative importance v. Proposals must be solicited from an adequate number of qualified sources vi. Must have written method for conducting technical evaluations of the proposals received and for selection of the contract E. Noncompetitive Proposals (f) i. Procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: a. One Source: the item is available only from a single source b. Exigency/Emergency: an exigency or emergency will not permit a delay resulting from competitive solicitation c. Awarding Agency Approval: the Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity d. Inadequate Competition: after the solicitation of a number of sources, competition is determined inadequate CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS ( ) A. Assuring that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; B. Placing qualified small and minority businesses and women s business enterprises on solicitation lists; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women s business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women s business enterprises; E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e).

114 CONTRACT PRICING ( ) A. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. B. City of Pleasant Hill shall perform some form of cost/price analysis for every procurement action, including contract modifications, amendments, or change orders. City of Pleasant Hill shall make an independent estimate prior to receiving a bid or proposal. C. City of Pleasant Hill shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. In determining a fair and reasonable profit, City of Pleasant Hill must consider the complexity of the work to be performed, the risk borne by the contractor, the contractor s investment, the amount of subcontracting, the quality of its record of past performance and the industry profit rates in the surrounding geographical area. PROCUREMENT RECORDS City of Pleasant Hill shall maintain records sufficient to detail the significant history of a procurement, including the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. ( ) (a) City of Pleasant Hill must make available, upon request of the Federal awarding agency or passthrough entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. (b) City of Pleasant Hill must make available upon request, for the Federal awarding agency or passthrough entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) City of Pleasant Hill s procurement procedures or operation fails to comply with the procurement standards in this Part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) City of Pleasant Hill is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this Part. (1) City of Pleasant Hill may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; (2) City of Pleasant Hill may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from City of Pleasant Hill that it is complying with these standards. City of Pleasant Hill must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

115 AWARDED CONTRACTS A. City of Pleasant Hill will not award a contract to a party listed as debarred, suspended, or otherwise excluded in the System for Award Management (SAM). ( ) B. Contracts awarded shall contain the applicable contract provisions described in 2 CFR and Appendix II to Part 200. C. City of Pleasant Hill will maintain written standards of conduct covering conflicts of interest and must provide for disciplinary action to be applied for violations of such standards as defined in 2 CFR (c) (1). Passed and adopted this day of, Attest: Sara Kurovski, Mayor Dena Spooner, Finance Director/City Clerk

116 CITY OF PLEASANT HILL, IOWA PARKS AND RECREATION AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: CITY COUNCIL RICK COURCIER, PARKS & RECREATION MANAGER REQUEST FOR BIDS FOR ELECTRICAL SERVICE REPAIRS AT COPPER CREEK LAKE PARK BACKGROUND: At the end of June, the City of Pleasant Hill experienced a significant flooding event that damaged two electrical panels and one lighting control unit at Copper Creek Lake Park. In August, the federal government declared those floods a disaster which would allow cities to apply for federal funding. Staff has been working with representatives with FEMA and the City Engineer Snyder and Associates to repair and mitigate the two electrical panels at Copper Creek Lake Park. The two panels distribute power to the entire park and are at risk for future flooding events. The contract would repair and replace the current panels and elevate the panels to a height that would reduce and/or eliminate the risk of future flood damages. The contract has been reviewed by staff and legal. Following is a resolution to approve the bid specifications and solicitation. ALTERNATIVES: Not approve the electrical service repairs contract bid letting and risk delaying the project and/or losing state and federal assistance. FINANCIAL CONSIDERATIONS: On August 21, 2018 a major disaster was declared by the Federal Government which would allow local municipalities to report damages and flood mitigation projects for reimbursement. Since that designation, the City has amended the budget to account for the repairs needed and any reimbursement the City receives from FEMA. Funds are available at this time to make the necessary repairs. RECOMMENDATION: Consider approval of the attached resolution supporting the Request for Bids for Electrical Service Repairs at Copper Creek Lake Park. 116

117 RESOLUTION # A RESOLUTION TO APPROVE REQUEST OF BIDS FOR ELECTRICAL SERVICE REPAIRS AT COPPER CREEK LAKE PARK WHEREAS, the City of Pleasant Hill wishes to solicit contractor bids to repair electrical services at Copper Creek Lake Park; and WHEREAS, the attached a bid information sheet includes bidding instructions, contract documents and specifications to be utilized by the City of Pleasant Hill in advertising for bids to repair electrical services at Copper Creek Lake Park; NOW, THEREFORE, BE IT RESOLVED by the Pleasant Hill City Council that the City of Pleasant Hill, Iowa, authorizes the Request for Bids to provide electrical repairs at Copper Creek Lake Park as defined in the contract. Passed and Approved November 13, 2018 Sara Kurovski, Mayor Dena Spooner, City Clerk/Finance Director 117

118 BID OPPORTUNITY Bid Title: Category: Status: Electrical Service Repairs at Copper Creek Lake Park Sealed Bids Open Overview: The City of Pleasant Hill is seeking sealed bids from qualified contractors to provide electrical service repairs at Copper Creek Lake Park. Bid Procedures: Sealed bids marked Electrical Services for Copper Creek Lake Park must be filed before 9:00 a.m., November 28, 2018 in the office of the City Clerk, Pleasant Hill City Hall, 5160 Maple Dr. Suite A, Pleasant Hill, Iowa Sealed proposals will be opened and bids tabulated at 10:00 a.m., November 28, 2018 in the City Council Chambers of the City Hall The Pleasant Hill City Council will consider bid award at its meeting on December 11, The City of Pleasant Hill reserves the right to reject any and all bids. Bid award shall be based on the lowest responsive and responsible bidder. The City s Local Preference Policy is not applicable for this project. For project questions, contact Heath Ellis (515) or hellis@pleasanthilliowa.org Pre-Bid Meeting: A pre-bid meeting is scheduled for November 20 th at 10:00 a.m. at Copper Creek Lake Park, 4390 E. University Ave. It is strongly recommended that the contractor attends the pre-bid meeting or schedules a meeting prior to bidding. It is the sole responsibility of the contractor to comply with all submission requirements at the time it submits its bid to the City. Contractor submissions deemed inadequate or incomplete may result in a determination that the contractor is not a responsible bidder. Any bid award is subject to review and approval by the Pleasant Hill City Council. In determining the lowest responsive and responsible bidder, the City reserves the right to consider, in addition to price, the experience and/or past performance of the bidder, current inventory and condition of equipment and sufficiency of the financial resources. Minimum Qualifications to Bid: At the time the bid is awarded, prospective contractors need to be registered through the System for Award Management (SAM) and submit their nine (9) digit Dun & Bradstreet Number. City of Pleasant Hill will not award a contract to a party listed as debarred, suspended or otherwise excluded in the SAM system. Insurance Requirements: After the contract is awarded, the contractor would be required to carry at least the following limits for this contract: Commercial General Liability for $1,000,000 and $2,000,000 Aggregate, Automobile Liability for $500,000, Umbrella Liability for $1,000,000, Statutory Workers Compensation limits as required by the State of Iowa. Project Documents: Copies of the contract documents are available on the City of Pleasant Hill website at For questions please contact: Heath Ellis, Parks & Recreation Supervisor, 5160 Maple Dr. Suite A, Pleasant Hill, Iowa (515) , hellis@pleasanthilliowa.org. It is recommended that interested bidders attend the pre-bid meeting prior to submitting a bid. 118

119 Project Location Copper Creek Lake Park 4390 E. University Ave. Pleasant Hill, Iowa Project Description 1. Panel 1 (see attached images) a. Remove and dispose of current electric panel b. Locate existing utilities c. City will be responsible for establishing/indicating the elevation of the grade change d. In align with the elevated grade changes, construct new footing that will be between inches above grade and 36 below grade i. Footings must have a minimum of six (6) inch border to protect electrical panel e. Contractor will be responsible for coordinating any work with other utility companies (i.e. MidAmerican Energy) f. Install new electric panel with an identical distribution board and re-connect utilities 2. Panel 2 (see attached images) a. Remove and dispose of current electric panel b. Locate existing utilities c. Fabricate a mounting pedestal or enclosure that is designed to increase the height of the current electrical components 24 d. Install new electric panel with an identical distribution board and re-connect utilities e. City will be responsible for establishing/indicating the elevation of the grade change 3. Lighting Control Unit (see attached images) a. Remove, dispose and replace a lighting control unit located at the Community Sign at Copper Creek Lake Park b. Contractor will be responsible for evaluating and replacing if needed current LED fixtures c. Install new lighting control unit and re-connect utilities 4. General Information a. Contractor will be responsible for applying for proper electrical permits b. Contractor will be responsible for locating existing utilities c. Contractor will be responsible for any damage done to existing utilities d. City staff will be responsible for providing fill material, grading and seeding of the area e. Project Timeline - Once awarded, Contractor may begin work as soon as possible. Project must be completed no later than April 1,

120 Project Locations Panel 2 Panel 1 Lighting Control Unit 120

121 Panel 1 121

122 Panel 1 - Continued Panel 1 MidAmerican Transformer Panel 1 MidAmerican Transformer 122

123 Current Example Panel 1 Location Panel 1 Building Footing 36 Below Surface Proposed Project Panel 1 Footing Footing 36 Below Surface 18 above grade Cubic Yards of Material for Fill Provided, placed and graded by the City Building 123

124 Panel 2 124

125 Lighting Control Unit, LED & Landscape Lighting 125

126 Lighting Control Unit, LED & Landscape Lighting LED Fixtures located between the metal paneling 11 Total LED Fixtures located between the metal paneling 11 Total 126

127 BID SUBMISSION FORM ELECTRICAL SERVICES COPPER CREEK LAKE PARK The following must be completed and submitted in order to receive consideration. PROJECT COSTS PANEL 1 COSTS Project Description Remove, dispose, & replace Panel 1 *Include cost to re-connect utilities Construct new footings to raise Panel 1, coordinate with the MidAmerican to adjust Transformer location, and any additional components/materials needed to re-install the electric pedestal TOTAL PROJECT COST PANEL 1 Cost PANEL 2 COSTS Project Description Remove, dispose, & replace Panel 2 *Include cost to re-connect utilities Mounting Pedestal/Enclosure (To elevate electric panel an additional 24 ) and any other additional components/material needed to re-install the electric pedestal TOTAL PROJECT COST PANEL 2 Cost COMMUNITY ENTRANCE SIGN LIGHTING AND CONTROL PANEL Project Description Remove, dispose, & replace lighting control unit *Include cost to re-connect utilities Replace all LED fixtures located between metal paneling (11 total fixtures) Cost TOTAL PROJECT COST COMMUNITY ENTRANCE SIGN LIGHTING AND CONTROL PANEL TOTAL PROJECT COST /Total Cost Hourly rate for any additional services related to the project that was not indicated in the above information. /Hour 127

128 BID SUBMISSION FORM ELECTRICAL SERVICES COPPER CREEK LAKE PARK The following must be completed and submitted in order to receive consideration. Company Contact Information Company Name: Contact Name: Address: Telephone: Certificate of Insurance Company s proof of insurance must be submitted in order to receive consideration Company Name Date Authorized Signature Print Name 128

129 CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION DATE: NOVEMBER 13, 2018 TO: FROM: SUBJECT: MAYOR & CITY COUNCIL J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER APPROVAL OF INTERGOVERNMENTAL 28E AGREEMENT FOR THE DES MOINES AREA METROPOLITAN PLANNING ORGANIZATION BACKGROUND: The City is a member of the Des Moines Area Metropolitan Planning Organization (MPO) that provides leadership and administration on transportation and regional topics. At its September and October meetings, the Policy Committee of the MPO approved amendments to the organization s 28E Agreement and Bylaws. Pursuant to the requirements of the 28E Agreement, the amendments must also be approved by resolution of three-fourths (3/4) of the MPO s member governments. The changes are intended to improve efficiency to the management of the agency and improve decision making. Following is a summary provided by the MPO of all of the changes to the 28E Agreement and Bylaws along with the proposed new agreement. The attached resolution provides for the approval of the updated document. ALTERNATIVES: Not approve the updated 28E agreement for the MPO. However, the new document has been approved and recommended by the MPO Policy Committee that includes representation from the City of Pleasant Hill. FINANCIAL CONSIDERATIONS: N/A. RECOMMENDATION: Approval of the attached resolution approving an updated 28E agreement for the Des Moines Area Metropolitan Planning Organization. 129

130 ` RESOLUTION # RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT FOR THE DES MOINES AREA METROPOLITAN PLANNING ORGANIZATION WHEREAS, The City of Pleasant Hill is a member of the Des Moines Area Metropolitan Planning Organization, as organized under Iowa Code Chapter 28E ( MPO ); and WHEREAS, there has been a proposal to adopt certain amendments to the MPO Bylaws and corresponding amendments to the MPO 28E Agreement; and WHEREAS, MPO Bylaws amendments require two readings and affirmative votes of a majority of member government representatives, and amendments to the 28E Agreement require an affirmative vote of a majority of member government representatives; and WHEREAS, amendments to the 28E Agreement also require an approval of three-fourths of the member governments by resolution; and WHEREAS, the requisite votes by the representatives of the MPO member governments have taken place to adopt the accompanying Bylaws and 28E Agreement AS AMENDED, subject only to the requisite approval of three-fourths of the member governments by resolution; NOW, THEREFORE, BE IT RESOLVED that the above-named MPO member government does hereby approve the MPO Bylaws and 28E Agreement AS AMENDED. ADOPTED November 13, 2018 Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director 130

131 MPO 28E Agreement Seventh Amended and Substituted Summary of Changes October 18, 2018 Changes in general: General update and clean-up throughout the document. Where the Amended and Substituted Agreement was referenced, the word Seventh replaced Sixth at the beginning of this phrase to indicate that this is the seventh revision to the original 28E agreement. Population thresholds for MPO membership and representation on the Policy Committee were updated to create a more involved and effective Policy Committee. The size, representation, and selection process for members of the Executive Committee was updated to create a more representative and effective Executive Committee. A requirement for the MPO s Unified Planning Work Program to be approved by resolution by a majority of member governments was removed due to the fact that such approval was a burdensome and unnecessary action. Specific changes: Article II, paragraph 1 o Addition to or change of wording. For your reference, the same paragraph from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: The MPO is organized as a separate legal entity pursuant to the provisions of Chapter 28E, Code of Iowa, 1997, as amended, with the powers and purposes to carry out transportation planning activities for the metropolitan area. The purpose of the Sixth Amended and Substituted Agreement is to make revisions to the previous Amended and Substituted Agreement that became effective on August 11, 2010, which replaced the previously existing agreement that became effective on September 7, 2005, which replaced the previously existing agreement that became effective on April 19, 2001, which replaced the previously existing agreement that became effective on February 26, 1998, which replaced the previously existing agreement that became effective on May 19, 1993, which replaced the previously existing agreement that became effective on July 1, 1983, and to authorize the MPO to continue, pursuant hereto, to serve as a designated metropolitan planning organization, pursuant to Part 450 of Title 23 of the Code of Federal Regulations, and any amendment or successor section thereto; and to enable the MPO to carry out a transportation planning process as outlined therein. #

132 Article III, Section 1 o Addition to or change of wording. For your reference, the same section from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: Membership - Except as restricted by section 4 of this Article, to become a member of the MPO, a governmental entity must: (a.) be located wholly or partially within the Metropolitan Planning Area; (b.) adopt this Sixth Amended and Substituted Agreement perpetuating the MPO by resolution of its governing body; and (c.) have a population of at least 1500 as shown by the most recent federal census or official intercensal estimate. The foregoing to the contrary notwithstanding, the Des Moines Area Regional Transit Authority ( DART ) shall be a member pursuant to the terms of this agreement. To retain membership in the MPO, each member government/agency must comply with all requirements of this Sixth Amended and Substituted Agreement. Article III, Section 2, Subsection b, paragraph 1 o Addition to or change of wording. For your reference, the same paragraph from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: Each member government shall be entitled to one representative on the MPO, plus one or more additional representatives based on the member government's population within the Metropolitan Planning Area as follows: One additional representative for each 25,000 population or fraction thereof over the first 10,000, as shown by the most recent census or official intercensal estimate. DART will be entitled to one representative or alternate and one vote at meetings of the MPO Policy Committee. Article III, Section 2, Subsection d o Addition to or change of wording. For your reference, the same subsection from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: The Iowa Department of Transportation, the Federal Highway Administration, the Federal Transit Administration, and the Des Moines International Airport may serve as non-voting, advisory members of the MPO, and may be represented by their respective designees. Article III, Section 3, Subsection c o Removal of subsection. For your reference, this subsection in the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: #

133 The Unified Planning Work Program (UPWP) and the annual UPWP budget must be submitted on an annual basis to the member governments and must be approved by resolution of the governing bodies of at least a majority of the member governments. The UPWP to be submitted for approval shall be based upon federal funding allocations issued by the Iowa Department of Transportation. The UPWP need not be submitted to or approved by DART. During the ensuing budget year, the MPO may, for administrative purposes, amend the UPWP and the annual budget as long as the total budget does not increase or decrease by more than ten (10) percent and the local assessments remain the same. Article III, Section 3, Subsection d (renamed to Subsection c) o Addition to or change of wording. For your reference, the same subsection from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: Article IV, paragraph 2 At any time, on any question before the MPO, other than those matters set out in subsection c. hereof, or review and comment on federal transportation grants (i.e. "A-95 reviews") or the Project Priority Selection Process for including projects in the Transportation Improvement Program, a minimum of any two member governments represented at a meeting may request a weighted vote. DART cannot be one of the member governments requesting a weighted vote. Under the weighted vote method, issues will be decided by assigning to each member government for which a representative is present and voting a number equal to the population within the Metropolitan Planning Area, by the most recent federal census or official intercensal estimate, for that member government. Under the weighted vote method, DART will have one vote. Under the weighted vote method, an issue must receive threefourths of the total votes cast in order to be adopted. o Addition to or change of wording. For your reference, the same paragraph from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: All annual assessments are due and payable on July 1 of each year. Any member government which fails to pay any assessment, in full, within 30 days (or such other period of time as may be requested by the member government and approved by the MPO) after the due date shall become delinquent for non-payment of the assessment. No representatives of that member government shall thereafter be allowed to vote on any matter coming before the MPO. #

134 Article V, Section 2, Subsection a o Addition to or change of wording. For your reference, the same section from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: Article V, Section 5 There shall be established a Transportation Technical Committee, composed of technical representatives appointed by the member governments and such other individuals appointed by the Chair of the MPO. No member government may have more technical representatives than it has representatives on the MPO, up to a maximum of three. The Iowa Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration may serve as non-voting, advisory members of the Transportation Technical Committee. The Transportation Technical Committee shall review and develop recommendations on all matters referred to it by the MPO, and it may adopt such rules or procedures for its operation as are not inconsistent with this Agreement. o Addition to or change of wording. For your reference, the same section from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: Article V, Section 6 The officers of the MPO shall be a Chair, Vice Chair, and Secretary/Treasurer, each of whom shall be elected annually from the primary representatives of the member governments. Elected officers shall have such duties as are customary to their respective offices. o Addition to or change of wording. For your reference, the same section from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: # There will be an Executive Committee composed of six or seven members; the three officers of the MPO; three additional members elected by the MPO from the primary representatives of the member governments; and the Immediate Past Chair ex officio if that person remains a primary representative to the MPO. All members of the Executive Committee, at the time of election to their office or the Executive Committee, shall be holders of a federal, state or local government elective office, EXCEPT that one person on the Executive Committee may be other than a holder of a government elective office. At least one member of the Executive Committee shall be a primary representative from Des Moines. The Executive Committee shall have and exercise only such powers as may be delegated by the MPO from time-to-time. In no situation shall substantive decisions affecting the MPO be made exclusively by the Executive Committee; all such executive recommendations must be approved by the 134

135 Article VI, Paragraph 2 Article VIII full MPO. The Executive Committee shall act only with a quorum of at least four members. The Executive Committee will provide public notice of the meeting time and place and provide for meetings to be open to the public, unless closed by resolution of the Executive Committee to deal with matters privately where Chapter 21, Code of Iowa, 1997, requires or allows the public to be excluded. o Addition to or change of wording. For your reference, the same paragraph from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: In the event of termination, all assets of the MPO shall be distributed to and all liabilities of the MPO shall be assumed by those governments which are members at the time of such termination, based upon the ratio of each member government's population within the Metropolitan Planning Area to the total population of the Metropolitan Planning Area, as shown by the most recent federal census or official intercensal estimate, with the population of each county member based upon the portion of the population of its unincorporated area within the Metropolitan Planning Area and the population of incorporated areas within the Metropolitan Planning Area that are not otherwise represented on the MPO. The foregoing to the contrary notwithstanding, DART will not succeed to any assets or liabilities of the dissolved MPO. o Addition to or change of wording. For your reference, the same paragraph from the Sixth Amended and Substituted 28E Agreement, dated February 2011, read as follows: If any one or more of the provisions of this Agreement is declared unconstitutional or otherwise illegal, the validity of the remainder hereof shall not be affected thereby. If the unconstitutionality or illegality is due to the scope or breadth of the provision then the same shall be deemed valid to the extent that it is constitutional and legal. #

136 Des Moines Area Metropolitan Planning Organization 28E Agreement SEVENTH Amended and Substituted, 2018 #

137 Des Moines Area MPO 28E Agreement (Seventh Amended and Substituted) The Des Moines Area MPO has prepared this document with partial funding from the United States Department of Transportation Federal Highway Administration and the Federal Transit Administration, and in part through local matching funds provided by the Des Moines Area MPO member governments. These contents are the responsibility of the Des Moines Area MPO. The United States Government and its agencies assume no liability for the contents of this report or for the use of its contents. This document was approved as of, The Des Moines Area MPO filed this 28E Agreement with the Iowa Secretary of State on, Revised Nov.,

138 SEVENTH AMENDED AND SUBSTITUTED AGREEMENT ESTABLISHING THE DES MOINES AREA METROPOLITAN PLANNING ORGANIZATION Revised Nov., 2018 ARTICLE I - ESTABLISHMENT The Des Moines Area Metropolitan Planning Organization (hereinafter referred to as "the MPO") is hereby established and created as a voluntary organization of certain county and city governments in the Metropolitan Planning Area, as set forth on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as the "Metropolitan Planning Area"). The Metropolitan Planning Area includes the Des Moines Urbanized Area as defined by the U.S. Bureau of the Census (hereinafter referred to as the "Des Moines Urbanized Area"). ARTICLE II - ORGANIZATION, PURPOSE AND POWERS The MPO is organized as a separate legal entity pursuant to the provisions of Chapter 28E, Code of Iowa, 2018, as amended, with the powers and purposes to carry out transportation planning activities for the metropolitan area and other activities as described in this Agreement. The purpose of the Seventh Amended and Substituted Agreement is to make revisions to the previous Amended and Substituted Agreement that became effective on February 16, 2011, which replaced the previously existing agreement that became effective on August 11, 2010, which replaced the previously existing agreement that became effective on October 21, 2005, which replaced the previously existing agreement that became effective on September 7, 2005, which replaced the previously existing agreement that became effective on August 20, 2001, which replaced the previously existing agreement that became effective on February 26, 1998, which replaced the previously existing agreement that became effective on September 21, 1993, which replaced the previously existing agreement that became effective on May 19, 1993, which replaced the previously existing agreement that became effective on July 1, 1983 and to authorize the MPO to continue, pursuant hereto, to serve as a designated metropolitan planning organization, pursuant to Part 450 of Title 23 of the Code of Federal Regulations, and any amendment or successor section thereto; and to enable the MPO to carry out a transportation planning process as outlined therein. The MPO is also authorized, upon designation by the State of Iowa, to review and comment on federal transportation, planning, or construction grants for which member governments have applied, and to determine their consistency with adopted area wide transportation plans. Except as otherwise hereinafter provided, the powers of the MPO shall be exercised by the member governments representatives or, where appropriate, alternate representatives, acting by and through the MPO in accordance herewith

139 The MPO is also authorized to carry out such other activities fostering collaboration between and among its member governments and other agencies, entities, and persons, public, quasi-public, and private, that involve information gathering and dissemination, planning, and consensus building deemed beneficial to the community that is in the MPO planning area. This authority includes the power to enter into separate 28E Agreements and may involve acting as sponsor, lead agency, and/or fiscal agent for such endeavors. Revised Nov., 2018 ARTICLE III - MEMBERSHIP - VOTING REPRESENTATION 1. Membership - Except as restricted by section 4 of this Article, to become a member of the MPO, a governmental entity must: (a.) be located wholly or partially within the Metropolitan Planning Area; (b.) adopt this Seventh Amended and Substituted Agreement perpetuating the MPO by resolution of its governing body; and (c.) have a population of at least 3000 as shown by the most recent federal census or official intercensal estimate. All current voting MPO members as of the date of this 28E Agreement shall retain their voting membership in the MPO, regardless of whether or not they meet the requirements of Article III, Section 1. The foregoing to the contrary notwithstanding, the Des Moines Area Regional Transit Authority ( DART ) shall be a member pursuant to the terms of this agreement. To retain membership in the MPO, each member government/agency must comply with all requirements of this Seventh Amended and Substituted Agreement. 2. Representation a. The representative or representatives of each member government who shall serve on the MPO shall be a member or members of its governing body or other person or persons appointed in the manner approved by such governing body. Alternate representatives may be similarly appointed on a temporary or permanent basis, as a member government shall determine. In case a member government has more than one representative, alternate representatives for that member government shall be entitled to vote in the absence of any representative of that member government. The DART representative to the MPO, and any alternate, will be someone other than the designated representative or alternate of any other member government. b. Each member government shall be entitled to one representative on the MPO, plus one or more additional representatives based on the member government's population within the Metropolitan Planning Area as follows: One additional representative for each 50,000 population as shown by the most recent census or official intercensal estimate. DART will be entitled to one representative or alternate and one vote at meetings of the MPO Policy Committee

140 3. Voting The foregoing to the contrary notwithstanding, the representation for each county member shall be based upon the portion of the population of its unincorporated area within the Metropolitan Planning Area and the population of incorporated areas within the Metropolitan Planning Area that is not otherwise represented on the MPO. c. Each representative shall serve at the pleasure of the governing body by which that representative was approved. d. The Iowa Department of Transportation, the Federal Highway Administration, the Federal Transit Administration, the Heart of Iowa Regional Transit Agency, and the Des Moines International Airport may serve as non-voting, advisory members of the MPO, and may be represented by their respective designees. e. Counties and incorporated areas wholly or partially within the Metropolitan Planning Area which are not eligible for full membership will be entitled to Associate Membership with one non-voting, advisory representative appointed by that governmental entity upon payment of an associate membership fee as established from time-to-time by the MPO. a. A quorum of the MPO shall be required for the conduct of its business. A quorum shall consist of a majority of the total number of persons who have been appointed as representatives of member governments. b. In the ordinary conduct of the MPO's business, each representative will have one vote; and the majority vote of those representatives present and voting shall decide such matters. c. At any time, on any question before the MPO, other than review and comment on federal transportation grants, the project selection process for including projects in the Transportation Improvement Program (TIP), or the Unified Planning Work Program (UPWP) and the annual UPWP budget, a minimum of any two member governments represented at a meeting may request a weighted vote. DART cannot be one of the member governments requesting a weighted vote. Revised Nov., 2018 Under the weighted vote method, issues will be decided by assigning to each member government for which a representative is present and voting a number equal to the population within the Metropolitan Planning Area, by the most recent 5 140

141 federal census or official intercensal estimate, for that member government, except that county member governments are only entitled to vote a number equal to the population residing within the unincorporated portion of the county located within the Metropolitan Planning Area. Under the weighted vote method, DART will have one vote. Under the weighted vote method, an issue must receive threefourths of the total votes cast in order to be adopted. 4. Withdrawal and Readmission a. Withdrawal - A member government may withdraw from membership on the MPO when its governing body requests such withdrawal by resolution, sent by certified mail, return receipt requested, to the MPO. Any such withdrawal shall become effective on the date which is the later of the following: (1) the date specified in the resolution, or (2) upon receipt of the resolution by the MPO. As provided in Article IV hereof, a member government shall be deemed to have withdrawn upon nonpayment of assessment within thirty (30) days after notice thereof is sent by certified mail, return receipt requested, to the Mayor or Chair of the Board of Supervisors and the City Clerk or County Auditor of the member government involved. In the event of withdrawal, such government shall not be relieved of its obligation to pay its share of the expenses of the MPO for the MPO fiscal year in which such withdrawal occurs. b. Readmission - Any member government which has withdrawn or has been deemed to have withdrawn from the MPO may apply for readmission. The MPO shall establish a readmission fee for any applicant. The minimum readmission fee shall not be less than twenty-five (25) percent of the assessment for which the applicant would have been obligated had it been a member of the MPO during the prior MPO fiscal year. The maximum readmission fee shall not exceed two hundred (200) percent of the assessments for which the applicant would have been obligated during its non-membership period. ARTICLE IV - BUDGET AND ASSESSMENT SCHEDULE The MPO shall approve an annual budget and assessment schedule. The assessment for each member government shall be based on the ratio of each member government's population within the Metropolitan Planning Area, as shown by the most recent federal census or official intercensal estimate. For this purpose, a county member's population shall be the population of its unincorporated area within the Metropolitan Planning Area and the population of incorporated areas within the Metropolitan Planning Area that are not otherwise represented on the MPO. DART will not be charged any assessment. Revised Nov.,

142 All annual assessments are due and payable on July 1 of each year. Any member government which fails to pay any assessment, in full, within 30 days (or such other period of time as may be requested by the member government and approved by the MPO) after the due date shall become delinquent for non-payment of the assessment. No representatives of that member government shall thereafter be allowed to vote on any matter coming before the MPO until the delinquency is cured. The MPO is authorized from time-to-time to approve amendments to the budget and corresponding special assessment schedule. Any such special assessment schedule shall be based on the same ratio among member governments as regular assessments. The resolution adopting any such amendments and special assessment schedule shall establish applicable payment deadlines and delinquency dates. Written notice of delinquency shall be sent by certified mail, return receipt requested, to the Mayor or Chair of the Board of Supervisors and City Clerk or County Auditor of the member government involved. Upon non-payment of the full assessment within 30 days of receipt of the delinquency notice, that member government will be deemed to have withdrawn its membership on the MPO. ARTICLE V - OPERATIONAL MATTERS 1. In the conduct of its business, the MPO may cooperate with, contract with, and accept and expend funds from federal, state, and local agencies, public or semi-public entities, private individuals, profit and non-profit corporations, and any other legally recognized association or entity. 2. The MPO may appoint such advisors or create such technical or advisory committees as it deems desirable. a. There shall be established a Transportation Technical Committee, composed of technical representatives appointed by the member governments and such other individuals appointed by the Chair of the MPO. No member government may have more technical representatives than it has representatives on the MPO, up to a maximum of three. The Iowa Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration may serve as non-voting, advisory members of the Transportation Technical Committee. The Transportation Technical Committee shall review and develop recommendations on all matters referred to it by the MPO, and it may adopt such rules or procedures for its operation as are not inconsistent with this Agreement. Unless directed otherwise by the MPO Policy Committee, the Transportation Technical Revised Nov.,

143 Revised Nov., 2018 Committee will report its findings and recommendations to the MPO Executive Committee. b. A member of the Transportation Technical Committee may not serve as a representative or alternate of a member government on the MPO. 3. The MPO shall approve such transportation plans, reports or recommendations as are required by the federal and state governments as prerequisites for eligibility for federal or state transportation grants. In addition, the MPO shall prepare annually a UPWP that details planning activities to be conducted, the responsibilities for conducting those activities, and the proposed budget for those activities. 4. The MPO may make such arrangements as it deems necessary to secure administrative, staff and planning services, including contracting with any member government or any other public or private entity. Such services shall be included in the annual UPWP of the MPO. 5. The officers of the MPO shall be a Chair, Vice Chair, and Secretary/Treasurer, each of whom shall be elected annually from the members of the Executive Committee. Elected officers shall have such duties as are customary to their respective offices. 6. The MPO's Executive Committee shall be constituted by representatives chosen from designated member governments. Designated member governments and their number of representatives shall include the following: one representative from each member community that exceeds a population of 50,000 (Des Moines shall receive two representatives), one representative from Polk County, and two representatives each from three subareas (Northwest area, Southwest area, and East area) that represent communities under 50,000 in population. Identification of the communities in each of the subareas identified above are attached hereto as Exhibit B. The immediate past Chair of the Executive Committee shall remain on the Executive Committee so long as that person remains their community s primary representative and shall count as one of the Executive Committee representatives from the afore-mentioned designated member governments. All members of the Executive Committee, at the time of appointment to the Executive Committee, shall be holders of a federal, state, or local government elective office, EXCEPT that one person on the Executive Committee may be other than a holder of a government elective office. All Executive Committee members must be a community s primary representative at the time of their appointment to the Executive Committee. The Executive Committee shall exercise only such powers as may be delegated by the MPO as set forth in the Bylaws of the Des Moines Area Metropolitan Planning Organization. Executive Committee recommendations shall be reported to the full Policy Committee. The Executive Committee shall only act with a quorum of at least one-half of its members 8 143

144 plus one additional member. The Executive Committee shall conduct its meetings in accordance with Chapter 21, Code of Iowa (2018), the Iowa Open Meetings Act. 7. The MPO may adopt Bylaws and other rules or operational procedures which are not inconsistent with this Seventh Amended and Substituted Agreement. ARTICLE VI - TERMINATION The MPO may be terminated upon an affirmative vote of not less than three-fourths (3/4) of the representatives present at any regular meeting, or at a special meeting called for such purpose, which vote must be ratified by resolution of the governing bodies of not less than threefourths (3/4) of the member governments. In the event of termination, all assets of the MPO shall be distributed to and all liabilities of the MPO shall be assumed by those governments which are members at the time of such termination, based upon the ratio of each member government's population within the Metropolitan Planning Area to the total population of the Metropolitan Planning Area, as shown by the most recent federal census or official intercensal estimate, with the population of each county member based upon the portion of the population of its unincorporated area within the Metropolitan Planning Area and the population of incorporated areas within the Metropolitan Planning Area that are not otherwise represented on the MPO. There will be deducted from the distribution of assets to any member government that is delinquent in the payment of dues or assessments, the amounts of such delinquency. The foregoing to the contrary notwithstanding, DART will not succeed to any assets or liabilities of the dissolved MPO. ARTICLE VII - AMENDMENTS The terms and provisions of this Seventh Amended and Substituted Agreement may be amended by a majority vote of the representatives on the MPO at any regular or special meeting called for such purpose and approved by resolution of the governing bodies of three-fourths (3/4) of the member governments, including DART. ARTICLE VIII - SEPARABILITY If any one or more of the provisions of this Agreement is declared unconstitutional or otherwise illegal, the validity of the remainder hereof shall not be affected thereby. If the unconstitutionality or illegality is due to the scope or breadth of the provision then the same shall be deemed valid to the extent that it is constitutional and legal, and a Court of competent jurisdiction shall be empowered to reform this Agreement in order to achieve that result. Revised Nov.,

145 ARTICLE IX - EFFECTIVE DATE AND DURATION 1. This Seventh Amended and Substituted Agreement shall not be effective until such time as it shall have been approved by at least three-fourths (3/4) of the following governmental entities: Dallas County, DART, Polk County, Warren County, the City of Altoona, the City of Ankeny, the City of Bondurant, the City of Carlisle, the City of Clive, the City of Des Moines, the City of Grimes, the City of Johnston, the City of Mitchellville, the City of Norwalk, the City of Pleasant Hill, the City of Polk City, the City of Urbandale, the City of Waukee, the City of West Des Moines, and the City of Windsor Heights; and shall have been thereafter filed and recorded as provided by law. 2. It is the intention of this Seventh Amended and Substituted Agreement that the MPO be a perpetual organization made up of the original parties hereto and any eligible parties which may later adopt this Seventh Amended and Substituted Agreement. 3. This Seventh Amended and Substituted Agreement may be simultaneously executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Revised Nov.,

146 Des Moines Area MPO Planning Area Boundary Miles Exhibit A Panning Area Boundary

147 MPO Executive Committee Representation (as of 2018) Northwest (2 Rep) Dallas Co. 2,172 Grimes 11,909 Johnston 21,114 Polk City 4,428 Urbandale 43,018 Total 82,641 East (2 Rep) Altoona 17,938 Bondurant 5,796 Carlisle 4,249 Mitchellville 2,405 Pleasant Hill 9,750 Total 40,138 Southwest (2 Rep) Clive 17,546 Norwalk 10,590 Warren County 4,137 Waukee 19,284 Windsor Heights 4,983 Total 56,540 Committee Size = 11 # Over 50,000 representatives: 4 (Des Moines x 2; Ankeny x 1, West Des Moines x 1) Polk County representative x 1 Northwest community under 50,000 x 2 Southwest community under 50,000 x 2 East community under 50,000 x 2 Officers chosen from among the Executive Committee members 147 Exhibit B