PLEASANT HILL CITY COUNCIL REGULAR SESSION APRIL 25, 2017 6:30 PM 1. CALL TO ORDER/ROLL CALL Mayor Sara Kurovski called the Pleasant Hill City Council meeting to order on April 25, 2017 at 6:30 p.m. in the City Council Chambers. PRESENT: Jeff Mullen, Curt Gause, Barb Malone, and Mark Konrad. ABSENT: Dean Cooper. 2. APPROVAL OF AGENDA Mullen/Gause moved to approve the agenda, with the modification that City Manager Don Sandor made to move item 6c to be the first public hearing in that group. ROLL CALL: AYES: Mullen, Gause, Malone, Konrad. NAYS: None. Motion 3. PRESENTATION OF PLEASANT HILL PARK NAME a. Resolution #042517-01 Approval of Park Name Malone/Konrad moved to approve Resolution #042517-01 Approval of Park Name. Senior Planner Madeline Sturms announced that with the conclusion of the Park Master Plan approval, the City had a campaign asking residents to submit a park name. The deadline to suggest names ended in February. Over 115 entries were submitted and the names were narrowed down and voted on by the Park Project Team and the Park and Recreation Commission. The winning park name was submitted by Pleasant Hill resident Emily Bainter. At the April 13, 2017 Park and Recreation Commission meeting, the commission recommended approval of Hickory Glen Park. Mrs. Bainter said she was honored and excited that her name was chosen. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion 4. PRESENTATION: ALEX LYNCH, EAST POLK INNOVATION COLLABORATIVE EPIC Executive Director Alex Lynch thanked the City of Pleasant Hill, Mayor, and Council for their support of the organization over the years, and gave an update on their progress. 5. PROCLAMATION FOR ECONOMIC DEVELOPMENT WEEK Mayor Kurovski proclaimed May 8-13, 2017 to be designated as Economic Development Week in the City of Pleasant Hill in conjunction with the celebration of National Economic Development week. 6. PUBLIC HEARINGS Mayor Kurovski opened the Public Hearing for the Rezoning A-1 Agricultural to R-2 One and Two Family Dwelling at 6:48 p.m. Senior Planner Madeline Sturms explained property owner Love Estates, LC has been working with developers and purchasers John Larson and John Klein on property generally in an area west of the Highway 5/65 bypass, bordered on the north by Schweiker Drive and connecting on the south to Pine Valley Drive. This thirty-two acre property was formerly excess right-of-way owned by the Iowa DOT for construction of the highway. The property is currently undeveloped land zoned A-1 Agricultural which is automatic when property is annexed into the City until zoning is assigned that coincides with the Comprehensive Plan and Future Land Use Plan. Presented here in two public hearings is a development concept and full legal descriptions for two separate zoning assignments for the thirty-two acre parcel. The development team has requested the westerly 9.04 acres be assigned the zoning designation of R-2 One and Two Family Dwellings. The developers have also requested the eastern 23.28 acres be assigned the zoning designation of R-3A Apartment, Condominium District. Pleasant Hill Resident Laural Peak addressed the Council expressing concerns about the development and issues with water runoff that needed to be addressed. Mrs. Sturms acknowledged the water issues were serious concerns, and said the Planning & Zoning Commission made it clear to the engineers that these issues needed to be resolved. The engineers assured them that they were confident the new development would not add to the water issues, and will be required to be resolved during the platting process. Civil Engineer Josh Trygstad showed drawings of the current water runoff concerns, and how the development will redirect the flow of water to a runoff and improve the water issue. Council Members had questions to ensure the issue was resolved during the platting stages. Hearing no additional comments, the Mayor closed the public hearing at 7:06 p.m. a. Rezoning A-1 Agricultural to R-2 One and Two Family Dwelling 1. First Reading of Ordinance #824 Rezoning A-1 Agricultural to R-2 One and Two Family Dwelling Konrad/Gause moved to approve First Reading of Ordinance #824 Rezoning A-1 Agricultural to R-2 One and Two Family Dwelling. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion carried 4-0. Mayor Kurovski opened the Public Hearing for the Rezoning A-1 Agricultural to R-3A Apartments, Condominiums at 7:07 p.m. Senior Planner Madeline Sturms explained this item was directly related to the last item. Hearing no public comments, the Mayor closed the public hearing at 7:08 p.m.
b. Rezoning A-1 Agricultural to R-3A Apartments, Condominiums 1. First Reading of Ordinance #825 Rezoning A-1 Agricultural to R-3A Apartments, Condominiums Malone/Gause moved to approve First Reading of Ordinance #825 Rezoning A-1 Agricultural to R-3A Apartments, Condominiums. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion Mayor Kurovski opened the Public Hearing for the Gas and Electric Franchise Agreements with MidAmerican Energy at 6:44 p.m. City Manager Don Sandor explained the City has franchise agreements with MidAmerican Energy for the use of public right-of-way for electric and gas utilities. The current agreements expire July 27, 2017. City staff has been working with representative from MidAmerican on new agreements. Franchise agreements are adopted by ordinance following a public hearing. The proposed franchise agreements are for the electric utility and gas utility. The new agreements would increase the franchise fee amount from the 4% level that has been in place for 10 years to 5%, a projected increase of $80,000. The new agreements will be for 20 years with reopener provisions at the 10 th and 15 th years. Also included is action on a Revenue Purpose statement as now required by State Code. Mr. Sandor added that the Council may want to consider waiving the second and third readings of these ordinances if there is no opposition at the public hearing to provide sufficient time for MidAmerican to get the changes implemented. Council Member Curt Gause excused himself from voting since he worked as an employee for MidAmerican Energy. Hearing no additional comments, the Mayor closed the public hearing at 6:46p.m. c. Gas and Electric Franchise Agreements with MidAmerican Energy 1. First reading of Ordinance #822 Approving electric franchise agreement Konrad/Mullen moved to approve the first reading, and waive the second and third reading of Ordinance #822 Approving electric franchise agreement. ROLL CALL: AYES: Mullen, Malone, and Konrad. NAYS: None. ABSTAIN: Gause. Motion carried 3-0-1. 2. First reading of Ordinance #823 Approving gas franchise agreement Konrad/Mullen moved to approve the first reading, and waive the second and third reading of Ordinance #823 Approving gas franchise agreement. ROLL CALL: AYES: Mullen, Malone, and Konrad. NAYS: None. ABSTAIN: Gause. Motion carried 3-0-1. 3. Resolution 042517-02 Approval of the Revenue purpose statement Malone/Mullen moved to approve Resolution 042517-02 Approval of the Revenue purpose statement. Council Member Gause said he did not need to abstain from this vote. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion Mayor Kurovski opened the Public Hearing for the approval of FY 17 Budget Amendment at 7:08 p.m. City Manager Don Sandor explained Cities are required to amend their annual budget if they anticipate an increase in the amount of expenditures they appropriated in the city's original budget. The budget amendment does not impact the tax levy rate. It brings the authorized budget in line with projected revenues and expenses for the current fiscal year. Therefore, there will be no increase in tax levies. Hearing no public comments, the Mayor closed the public hearing at 7:09 p.m. d. Budget Amendment 1. Resolution #042517-03 Approval of FY 17 Budget Amendment Mullen/Gause moved to approve Resolution #042517-03 Approval of FY 17 Budget Amendment. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion 7. PUBLIC INPUT (5 MINUTES FOR ITEMS NOT ON THE AGENDA) Pleasant Hill Chamber of Commerce Executive Director Cathy Jensen wanted to let everyone at the City know how much she appreciated working with them over the last eight years. She also introduced the new Board President Julia Johnson, and announced the new Executive Director will be Wendy Martinez, who was the previous Board President. City Manager Don Sandor said the Chamber office was hosting a farewell Open House for Cathy on Friday from 11:00am - 1:00pm. 8. CONSENT ITEMS Mullen/Gause moved to approve the CONSENT ITEMS: Council Minutes - dated 04-11-17, Claims Listing - dated 04-25- 17, Expenditure Report - dated 03-31-17, Revenue Report - dated 03-31-17, Treasurer's Report - dated 03-31-17, Resolution #042517-04 Approve Acceptance of Online Payment Transactions. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion 9. BUSINESS ITEMS a. Resolution #042517-05 Approval of a Request to the DMAMPO to transfer STBG funds for the Pleasant Hill Boulevard and Vandalia Road Intersection Project Malone/Konrad moved to approve Resolution #042517-05 Approval of a Request to the DMAMPO to transfer STBG funds for the Pleasant Hill Boulevard and Vandalia Road Intersection Project. Senior Planner Madeline Sturms
explained this action authorizes the MPO to transfer funds allocated to the Southeast Connector to the Pleasant Hill Boulevard and Vandalia Road Intersection Project. Previously, the two Cities approved a request to the MPO to transfer $3,378,400 to the Pleasant Hill Boulevard and Vandalia Road Intersection project. The estimated construction cost of the Pleasant Hill Boulevard and Vandalia Road Intersection Project is now $10.3 million, therefore this transfer request will include all the additional STBG funds available ($4,553,600) in addition to the original $3,378,400 allocated. The City of Des Moines City Council approved a similar request at their meeting on April 17, 2017. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion b. Resolution #042517-06 Establishing Fair Market Value of Properties for the Pleasant Hill Boulevard and Vandalia Road Intersection Project Konrad/Mullen moved to approve Resolution #042517-06 Establishing Fair Market Value of Properties for the Pleasant Hill Boulevard and Vandalia Road Intersection Project. Senior Planner Madeline Sturms explained this resolution establishes the fair market value for property needed for the Pleasant Hill Boulevard and Vandalia Road Intersection project. The Council has previously authorized the acquisition of property needed for the project by gift, negotiation, or condemnation. Appraisals have been conducted on the properties needed for right-of-way and this resolution establishes the fair market value of the properties as identified by the appraisals. The action allows the City to move forward with the project and acquire the property through gift, negotiation, or condemnation based upon the approved fair market values. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion c. Resolution #042517-07 Establishing Fair Market Value of Properties for the NE 70 th Street Improvement Project Malone/Gause moved to approve Resolution #042517-07 Establishing Fair Market Value of Properties for the NE 70 th Street Improvement Project. Senior Planner Madeline Sturms explained this resolution establishes the fair market value for property needed for the NE 70 th Street Improvements project. The Council has previously authorized the acquisition of property needed for the project by gift, negotiation, or condemnation. Appraisals have been conducted on the properties needed for right-of-way and this resolution establishes the fair market value of the properties as identified by the appraisals. The action allows the City to move forward with the project and acquire the property through gift, negotiation, or condemnation based upon the approved fair market values. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion d. Approval of Triathlon Sound and Street Closing Permits Konrad/Malone moved to approve Approval of Triathlon Sound and Street Closing Permits, and waive the fees. City Manager Don Sandor explained Michael McGinn is proposing the annual Copper Creek Triathlon for June 25, 2017. This event has been well run in the past. The Clerk s Office has received all necessary applications for the street closing permits, noise permit, and shelter use agreement. This is the 10th anniversary of the Triathlon, and the sponsors would like to expand the event this year to include an Olympic Distance option along with the traditional Sprint distance that has been done in the past. The Olympic Distance plans would require more time for the participants and some additional roads being used, especially for the bike portion of the event. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion e. Approval of Chill on the Hill Sound Permit and Liquor License Gause/Mullen moved to approve Approval of Chill on the Hill Sound Permit and Liquor License. City Manager Don Sandor explained the Chamber of Commerce has held the Chill on the Hill event successfully for several years. They are requesting approval for this event. The City has received all required applications for the Chill on the Hill Event scheduled for Fridays on June 2, 9, 16, 23, and 30, 2017 from 6:00 p.m. until 9:00 p.m. The application requests approval for a smoking area. Executive Director Cathy Jensen and Board President Julia Johnson presented the activities and answered questions. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion f. Approval of Canine Unit for Police Department Mullen/Malone moved to approve Approval of Canine Unit for Police Department. City Manager Don Sandor explained this action authorizes the Police Chief to proceed with the program as discussed in the work sessions. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion g. First Reading of Ordinance #826 An Ordinance amending Chapter 128 of the Pleasant Hill City Code Mullen/Konrad moved to approve the first Reading, and waive the second and third reading of Ordinance #826 An Ordinance amending Chapter 128 of the Pleasant Hill City Code. City Manager Don Sandor explained Pleasant Hill City Code chapter 128 addresses the implementation and use of the hotel/motel tax collected by the City. Section 128.07 specifically addresses the allocation of the tax. Ordinance 682, approved by Council in March 2007, allocates 2/7 th of the hotel/motel tax to the Des Moines Convention and Visitors Bureau and 5/7 th to the acquisition of real property for City parks or recreational facilities or for the improvement, equipment and maintain of said City park and recreational facilities. Since the City has become a member of Bravo and now allocates a portion of the hotel/motel
tax to Bravo, the City code should be changed to reflect the new use of the tax revenue. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion h. Second Reading of Ordinance #820 An Ordinance amending Chapter 98 Sewer Service Charges Malone/Konrad moved to approve the second Reading, and waive the third reading of #820 An Ordinance amending Chapter 98 Sewer Service Charges. City Manager Don Sandor explained During the preparation of the FY 18 budget it was identified that the rates for sanitary sewer service needed to be increased due to the City of Pleasant Hill being a member of the WRA and as a member must pay annually to the WRA for the City s proportionate share of operation and maintenance costs and for debt service payments. The rate increase proposed in this ordinance is 6%. That increase will impact the average residential customer by $1.46 per month. The increase will be 31 cents per 1,000 gallons of water consumed, plus an increase of 51 cents per month for the sewer access charge. The last rate increase the City approved was July 2016. This increase would become effective July 1. 2017. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion i. Resolution #042517-08 Approval of Project Acceptance and Release of Retainage - 2016 Street Patching Proj. Mullen/Gause moved to approve Resolution #042517-08 Approval of Project Acceptance and Release of Retainage - 2016 Street Patching Proj. Assistant City Manager Ben Champ explained the 2016 Patching Project was awarded to TK Concrete, Inc. and work has now been completed. Following the last payment application, the contractor has been finishing remaining punch list items to be resolved prior to project acceptance and release of retainage. The City Engineer, Snyder and Associates, provided a recommendation for project acceptance and release of retainage. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion j. Resolution #042517-09 Appointment of Community Development Director Malone/Gause moved to approve Resolution #042517-09 Appointment of Community Development Director. City Manager Don Sandor explained the City Council has recently approved an updated job description for the Community Development Director role in anticipation of backfilling the soon to be vacant position of Assistant City Manager / Community Development Director. This agenda item proposes the formal action and resolution to appoint Madeline Sturms as the Community Development Director. Sturms began employment with the City in 2013 and currently serves as the City s Senior Planner. The appointment is proposed in two stages with an immediate assignment as the Acting Community Development Director with a full appointment effective July 1, 2017. The stepped approach continues the succession planning considered during recent budgeting and staffing needs assessment planning. The two month transition period will allow the immediate recruitment of a replacement planner and for the Assistant City Manager to focus on coordinating items from the retiring City Manager. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion k. Resolution #042517-10 Approval of Lease Agreement for Temporary Art Structure at Copper Creek Lake Malone/Gause moved to approve Resolution #042517-10 Approval of Lease Agreement for Temporary Art Structure at Copper Creek Lake, not to exceed $10,000 without coming back to Council. Recreation Manager Rick Courcier explained that in 2015, the City Council entered into a lease agreement with Riverhead Resources to install the Wading Bridge at Copper Creek Lake Park for $1 from September 1 through December 1 of that year. The lease agreement has now expired. Originally, the Wading Bridge was intended to be a temporary public art experience for the community to enjoy for one year and then be relocated to another metro city to provide that same experience. A recommendation from the Commission with support from Bob Riley, owner of Riverhead Resources, is to extend the lease agreement through June of 2019. To extend the lease through June of 2019 there are some modifications that need to be made to the Wading Bridge to make it a more permanent structure. A new anchoring system to the shoreline needs to be installed as well as new access ramps from the shoreline to the structure. The estimated cost to make these improvements is around $10,000. There is funding available as of July 1 in the Equipment Replacement Fund indentified as Parks Equipment. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion l. Approval of Appointment to the Public Arts Advisory Commission Konrad/Mullen moved to approve Approval of Appointment to the Public Arts Advisory Commission. City Manager Don Sandor explained that in February the Council appointed Justin Wirtz to one of the terms, with that appointment to run until June 30, 2018. Mr. Wirtz has informed City staff that he is not able to continue to serve on the commission and has submitted his resignation. The City received an application from Sarah Schroeder for the Commission. It is recommended that Ms. Schroeder be appointed to complete the term of Mr. Wirtz, until June 30, 2018. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion m. Resolution #042517-11 Approval of Space Needs Study Inclusion of Police and Fire Departments Malone/Mullen moved to approve Resolution #042517-11 Approval of Space Needs Study Inclusion of Police and Fire Departments. Assistant City Manager Ben Champ explained The City Council retained Shive-Hattery as a consulting firm to perform a space needs study and analysis of the City Hall and Library facilities in January of this year. As the study has progressed, the Council has identified a need to further incorporate the needs of the Police
and Fire Departments into the study. The operations share a common building today and it is important to further consider their needs as the reuse of current structures is reviewed. The initial proposal from Shive-Hattery would be extended for the analysis, planning, and concept development of the two departments in the amount of $13,500.00 plus expenses. This resolution incorporates Police and Fire to the study. ROLL CALL: AYES: Mullen, Gause, Malone, and Konrad. NAYS: None. Motion 10. CLOSING COMMENT Council Member Barb Malone said as a member of the National Waste Board, Recycling properly is important in order to keep costs down. Therefore she encouraged everyone to be careful what is put in the recycling containers to ensure there is no trash, or that will increase rates. Mayor Kurovski discussed the MPO's strategic planning meeting as well as the Convention and Visitors Board quarterly plans which include bringing NCAA Women's Basketball and Golf to the region in 2019, possible Olympic trials, and the National Speech and Debate conference which could bring up to 10,000 high school students, coaches, chaperones, and parents to the region. The Mayor also encouraged everyone to attend the Solheim Cup on this summer, which will include a Rascal Flats concert. City Manager Don Sandor said there would be a work session next week on Tuesday, May 2nd, to discuss the new fireworks bill and gun bill. Mr. Sandor also discussed the upcoming DART meeting that will discuss all nineteen communities signing a 28E agreement. Public Works Director Gary Patterson announced that this Saturday, April 29th, was Spring Clean Up Day in Pleasant Hill. Residents may put items on the curb to be picked up, bring metal appliances to the City Hall parking lot, and take tires to the Library parking lot. 11. ADJOURNMENT Malone/Mullen moved to adjourn the meeting. ROLL CALL: AYES: Mullen, Gause, Malone, Konrad. NAYS: None. Motion The meeting was adjourned at 7:46 p.m. Sara Kurovski, Mayor ATTEST: Dena J. Spooner, City Clerk/Finance Director