pleasant hill city council regular session december …

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PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER 04, 2018 5:30 PM 1. CALL TO ORDER/ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC INPUT (5 MINUTES FOR ITEMS NOT ON THE AGENDA) 4. CONSENT ITEMS a. Council Minutes - dated 11-27-18 b. Claims Listing - dated 12-04-18 c. Expenditure Report - dated 10-31-18 d. Revenue Report - dated 10-31-18 e. Treasurer's Report - dated 10-31-18 f. Police Dept. Monthly Report – dated October 2018 g. Resolution #120418-01 – Setting Public Hearing Date for Amendments to Chapter 160 Flood Plain Regulations 5. BUSINESS ITEMS a. Resolution #120418-02 – Approval of Job Description for Parks Superintendent b. Resolution #120418-03 – Approval of Appointments to the Wastewater Reclamation Authority c. Discussion of Local Option Sales and Services Tax 6. CLOSING COMMENT 7. CLOSED SESSION: Pursuant to Iowa Code Section 21.5.1 (i) To Evaluate the Professional Competency of an Individual Whose Performance is Being Considered 8. ADJOURNMENT 1

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Page 1: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

PLEASANT HILL CITY COUNCIL REGULAR SESSION

DECEMBER 04, 2018 5:30 PM

1. CALL TO ORDER/ROLL CALL

2. APPROVAL OF AGENDA

3. PUBLIC INPUT (5 MINUTES FOR ITEMS NOT ON THE AGENDA)

4. CONSENT ITEMS

a. Council Minutes - dated 11-27-18 b. Claims Listing - dated 12-04-18

c. Expenditure Report - dated 10-31-18

d. Revenue Report - dated 10-31-18 e. Treasurer's Report - dated 10-31-18

f. Police Dept. Monthly Report – dated October 2018 g. Resolution #120418-01 – Setting Public Hearing Date for Amendments to Chapter 160 Flood Plain

Regulations

5. BUSINESS ITEMS

a. Resolution #120418-02 – Approval of Job Description for Parks Superintendent b. Resolution #120418-03 – Approval of Appointments to the Wastewater Reclamation Authority

c. Discussion of Local Option Sales and Services Tax

6. CLOSING COMMENT

7. CLOSED SESSION: Pursuant to Iowa Code Section 21.5.1 (i) To Evaluate the Professional Competency

of an Individual Whose Performance is Being Considered

8. ADJOURNMENT

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Page 2: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

PLEASANT HILL CITY COUNCIL REGULAR SESSION

NOVEMBER 27, 2018 6:30 PM

1. CALL TO ORDER/ROLL CALL

Mayor Sara Kurovski called the Pleasant Hill City Council meeting to order on November 27, 2018 at 6:30 p.m. in the City Council Chambers. PRESENT: Curt Gause, Dean Cooper, Barb Malone, and Mark Konrad. ABSENT: Ross Grooters.

2. APPROVAL OF AGENDA

Malone/Konrad moved to approve the agenda. ROLL CALL: AYES: Gause, Cooper, Malone, Konrad. NAYS: None. Motion carried 4-0.

3. PRESENTATIONS a. FY 18 Annual Audit Report - Denman & Company

Denman & Co. Audit Partner, Dave Ellis, presented the City of Pleasant Hill’s FY18 annual audit. Mr. Ellis said the audit produced a clean opinion with no findings or material weaknesses, which is a good and rare thing. He summarized by saying the good financials and clean opinion allow the Council to make good decisions.

b. Library Annual Report – John Lerdal, Library Director

Library Director John Lerdal presented his annual Library Report to Council, highlighting the renovation and improved services. A community survey showed 86% rated the Pleasant Hill Library above average or excellent. Mr. Lerdal concluded by saying how appreciative he was of his staff, Friends of the Library, the Library Board, and the City Council for all their support. The Council thanked him as well.

4. PUBLIC INPUT (5 MINUTES FOR ITEMS NOT ON THE AGENDA)

There were none. 5. CONSENT ITEMS

Cooper/Gause moved to approve the CONSENT ITEMS: Council Minutes - dated 11-13-18, Claims Listing - dated 11-27-18, Library Board Minutes - dated 10-25-18, Library Annual Report – dated 2018, Liquor License Renewal – Dollar General 4840 Maple Drive, Liquor License Premise Update – Hy-Vee Food Store 4815 Maple Dr., Resolution #112718-01 – Transfer of Funds, Emergency Fund to Equipment Replacement Fund, Resolution #112718-02 – Transfer of Funds, Employee Benefits Fund to General Fund, Resolution #112718-03 – Approve Lien Schedule, Resolution #112718-04 – Approve Annual TIF report, Resolution #112718-05 – Approve Annual Urban Renewal Report, Resolution #112718-06 – Approve Annual Financial Report, Resolution #112718-07 – Approve Safety Manual, Resolution #112718-08 – Approval of Payment Application No. 2 and Project Acceptance – City Hall Suite B Renovation, Resolution #112718-09 – Setting Date for Public Hearing for 2018-2 Amendment to Urban Renewal Plan, Resolution #082118-09-A – Nunc Pro Tunc Correcting and Amending a Scrivener’s Error in Resolution #081118-09 Approving Grade Crossing Construction and Maintenance Agreement with BNSF Railway Company. ROLL CALL: AYES: Gause, Cooper, Malone, Konrad. NAYS: None. Motion carried 4-0.

6. BUSINESS ITEMS a. Third Reading of Ordinance 848 – Amending Chapter 173, Architectural Standards

Konrad/Malone moved to approve the third reading of Ordinance 848 – Amending Chapter 173, Architectural Standards. City Manager Ben Champ 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. There have been no questions or comments since the last reading. ROLL CALL: AYES: Gause, Cooper, Malone, Konrad. NAYS: None. Motion carried 4-0.

b. Resolution #112718-10 – Authorizing Submittal of STBG Application to the Des Moines Metropolitan Planning Organization

Malone/Cooper moved to approve Resolution #112718-10 – Authorizing Submittal of STBG Application to the Des Moines Metropolitan Planning Organization. City Manager Ben Champ explained that the City of Pleasant Hill has been working for over a decade with the City of Des Moines to plan, construct, and apply for funding for the Southeast Connector/Martin Luther King Jr. Parkway Extension as a transportation corridor connecting the Highway 5/65 Bypass to downtown Des Moines. The City of Des Moines completed a new section of the roadway to extend to 30th Street in 2016. The City of Pleasant Hill has now awarded the Pleasant Hill Boulevard and Vandalia Road Intersection Improvements Project that will serve as part of the Southeast Connector. The City of Des Moines is now preparing a Federal Surface Transportation Block Grant Application to the Des Moines Area Metropolitan Planning Organization (MPO) in the amount of $4,000,000 for 2023 award. The award would be used for construction by the City of Des Moines to begin closing the gap between 30th Street and the City of Pleasant Hill. As in the past, the City of Des Moines and Pleasant Hill can submit the application jointly to demonstrate the partnership and value of the project. Pleasant Hill would not be obligated to match funds for the project construction in the City of Des Moines. This is a

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Page 3: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

resolution authorizing the joint application to the MPO. ROLL CALL: AYES: Gause, Cooper, Malone, Konrad. NAYS: None. Motion carried 4-0.

c. Resolution #112718-11 – Approval of Memorandum of Understanding for the Fourmile Creek Greenbelt Multi-Jurisdictional Management Gause/Malone moved to approve Resolution #112718-11 – Approval of Memorandum of Understanding for the Fourmile Creek Greenbelt Multi-Jurisdictional Management. Parks and Recreational Manager Rick Courcier explained that the City Council recently approved the Lower Fourmile Creek Greenway Master Plan. One of the first steps in that plan was the creation of a Memorandum of Understanding between local agencies to establish a cooperative arrangement to effectively and environmentally develop, maintain, and manage the Fourmile Creek Greenbelt. The Memorandum of Understanding establishes guiding principles that will minimize the impacts of developing within the Fourmile Creek Watershed, promote best management practices and establish an AdHoc Advisory Committee that shall review all development plans that impact the Fourmile Creek Greenbelt. The management of the Greenway has been structured so that each government agency would share responsibilities along the Lower Fourmile Creek Greenway. Polk County Conservation would serve as the Greenway Manager and would oversee the maintenance needs and the local jurisdictions such as the City of Pleasant Hill and the City of Des Moines would work with Polk County Conservation to identify passive recreation areas, connections and parks along the greenway that would be managed by the local jurisdictions. City staff and legal has reviewed the agreement and the Parks and Recreation made a recommendation at a Parks and Recreation Commission meeting. ROLL CALL: AYES: Gause, Cooper, Malone, Konrad. NAYS: None. Motion carried 4-0.

7. CLOSING COMMENT City Manager Ben Champ announced there will be three regular Council meetings next month, on December 4th at 5:30 pm to discuss LOST, and on December 11th and 18th at 6:30 pm. There will be three regular meetings in January as well, plus some work sessions as the City works through the budget for FY20. Parks and Recreational Manager Rick Courcier invited everyone to attend the Hill of Lights this weekend starting on Saturday from 8:00 – 11:00 am for Santa & Friends, followed by Family Fun Night at 5:30 pm, and then the Make & Take Ornament will be Sunday from 1:00 – 4:00 pm. The Giving Tree will also be at the Library through December.

8. ADJOURNMENT Malone/Konrad moved to adjourn the meeting ROLL CALL: AYES: Gause, Cooper, 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

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Page 4: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

11-29-2018 12:45 AM

VENDOR SET: 01 CITY OF PLEASANT HILL

REPORTING: PAID

A C C O U N T S P A Y A B L E

R E P O R T

T I O N

PAGE:

BANK: ALL

1O P E N

P U

I T E M

B L I C A

VENDOR NAME DESCRIPTION GROSS AMOUNT

---------------------------------------------------------------------------------------------------

======PAYMENT DATES=======

PAID ITEMS DATES : 11/28/2018 THRU 12/04/2018

A-D DISTRIBUTING US FLAG REPAIRS-CEMETERY 87.60

ADA MOWING MOWING 2,736.50

ADT SECURITY SERVICES ALARM MONITORING 212.01

ALTOONA FIRE DEPARTMENT PARAMEDIC TIER X 3 750.00

ALTOONA HERALD INDEX LEGAL PUBLICATIONS 1,099.12

ANDREA LOVE CLASS INSTRUCTION 270.00

APEX CONSTRUCTION SOLUTION CITY HALL STE B RENO-PAY AP #2 6,913.15

BANKERS TRUST CO BOND PAYMENTS 152,270.00

BEN FREEBORN CUSTODIAL 293.75

BURKHEAD ELECTRIC LLC LIBRARY REMODEL WORK 702.81

C.J. COOPER & ASSOCIATES RANDOM DRUG TESTING ADMINISTRA 85.00

CANINE TACTICAL K-9 TRAINING-11/15 & 11/20/18 365.71

CINTAS FLOOR MATS 122.10

CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 220.06

CONCENTRA MEDICAL PRE-EMPLOYMENT PHYSICAL 280.00

CONSOLIDATED ELECTRICAL D 400 WATT LAMP-MAINT SHOP 14.40

CONSTRUCTION MATERIALS INC EPOXY COATED RE-BAR/DOWEL BAR 1,921.00

CRYSTAL CLEAR WATER CO. OPERATING SUPPLIES 7.25

DAVID C. MENGWASSER STUMP GRINDING 2,000.00

ED M FELD EQUIPMENT CORP HOSE REPAIR 40.00

ELECTRONIC ENGINEERING PAGER MAINTENANCE 141.00

EMERGENCY APPARATUS MAINTE REPAIRS - T436 & E431 1,215.31

G&L CLOTHING UNIFORMS 71.99

GALLS LLC UNIFORMS 103.52

HY-VEE - FIRE ACCOUNT FUEL 248.35

HY-VEE - POLICE ACCOUNT VEHICLE OPERATING SUPPLIES 776.63

HYDRO KLEAN VACUUM WW LIFT STATIONS 2,425.13

IEDC MEMBERSHIP RENEWAL 435.00

IOWA DIVISION OF LABOR SVC BOILER INSPECTION-SOUTH COMPLEX 80.00

IOWA ONE CALL CORP CONTRACT SVC-UTILITY LOCATES 244.10

KECK, INC FUEL - OCTOBER 2018 6,832.35

KOCH OFFICE GROUP PRINTER/FAX CONTRACT 562.59

LIBERTY READY MIX DRIVEWAY REPL-VANDALIA MAINT SHOP 3,651.00

MARCIA FOSTER EDUCAITON - SPANISH CLASS 30.00

MEDIACOM DVR SERVICE-COMM SPECIALIST 26.76

MENARDS-ALTOONA OPERATING SUPPLIES 925.24

METRO WASTE AUTHORITY MONTHLY CURB-IT FEE-NOV 2018 8,015.88

MIDWEST RADAR EQUIPMENT EQUIPMENT MAINTENANCE 320.00

MUNICIPAL SUPPLY MARKING PAINT AND FLAGS 60.80

NUCARA PHARMACY #27 FLU SHOT 35.00

O'REILLY AUTO PARTS VEHICLE PARTS 205.61

PARKING LOT SPECIALTIES, L CRACK SEALING - TRAILS 4,370.00

POLK COUNTY RECORDER RECORD CEMETERY DEED 7.00

POLK COUNTY TREASURER MISCELLANEOUS CONTRACT 150.00

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11-29-2018 12:45 AM

VENDOR SET: 01 CITY OF PLEASANT HILL

REPORTING: PAID

A C C O U N T S P A Y A B L E

R E P O R T

T I O N

PAGE:

BANK: ALL

2O P E N

P U

I T E M

B L I C A

VENDOR NAME DESCRIPTION GROSS AMOUNT

---------------------------------------------------------------------------------------------------

** TOTAL ** -City of Pleasant Hill 211,955.59

FUND TOTALS

001 GENERAL 26,841.01

110 ROAD USE 3,208.82

200 DEBT SERVICE 152,270.00

301 CAPITAL PROJECTS 17,490.13

610 SEWER 4,129.75

670 SOLID WASTE 8,015.88

GRAND TOTAL 211,955.59

======PAYMENT DATES=======

PAID ITEMS DATES : 11/28/2018 THRU 12/04/2018

PROFESSIONAL DEVELOPERS OF MEMBERSHIP RENEWAL 355.00

RACOM CORPORATION ANTENNA REPLACEMENT 1,339.38

RELIANCE STANDARD DENTAL/VISION COVERAGE 270.46

SAM PATTERSON TRAVEL PER DIEM/PARKING 70.00

SANDRY FIRE SUPPLY, L.L.C. WRENCH/ADAPTER HOSE TEST 113.75

TASC HRA PAYMENTS - OCTOBER 2018 6,242.75

US CELLULAR CELL PHONE SERVICE 543.56

VERIZON WIRELESS AMBULANCE CELLPHONE 104.36

WELLMARK BLUE CROSS BLUE S COBRA HEALTH INSURANCE 1,232.94

WPS GOVERNMENT HEALTH ADMI AMBULANCE OVERPAYMENT 359.67

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11-26-2018 11:49 AM CITY OF PLEASANT HILL PAGE: 1 EXPENDITURES BY PROGRAM, AREA & DEPARTMENT AS OF: OCTOBER 31ST, 2018 % OF YEAR COMPLETED - 33.33 CURRENT MONTHLY YEAR TO DATE BUDGET % OFEXPENDITURES BUDGET ACTUAL ACTUAL BALANCE BUDGET__________________________________________________________________________________________________________________PUBLIC SAFETY============= POLICE DEPARTMENT 2,638,368 237,084.52 877,856.16 1,760,512.15 33.27 EMERGENCY FUND 0 0.00 0.00 0.00 0.00 EMERGENCY MANAGEMENT 11,043 124.86 2,982.17 8,060.33 27.01 FIRE DEPARTMENT 931,930 46,888.01 311,975.27 619,954.64 33.48 EMS/AMBULANCE 84,750 6,703.84 15,723.90 69,026.10 18.55 ANIMAL CONTROL 5,400 25.51 1,517.06 3,882.94 28.09

TOTAL PUBLIC SAFETY 3,671,491 290,826.74 1,210,054.56 2,461,436.16 32.96

PUBLIC WORKS============ ROADS,BRIDGES & SIDEWALK 1,002,540 101,739.72 362,737.14 639,802.99 36.18 STREET LIGHTING 138,000 10,977.36 49,503.36 88,496.64 35.87 TRAFFIC CONTROL 75,000 537.29 9,524.58 65,475.42 12.70 SNOW REMOVAL 65,000 1,415.55 2,004.40 62,995.60 3.08 STREET CLEANING 0 0.00 0.00 0.00 0.00 STORM SEWERS 0 0.00 0.00 0.00 0.00 ADMINISTRATIVE 0 0.00 0.00 0.00 0.00

TOTAL PUBLIC WORKS 1,280,540 114,669.92 423,769.48 856,770.65 33.09

HEALTH/SOCIAL SERVICES====================== MOSQUITO CONTROL 20,000 0.00 15,611.55 4,388.45 78.06

TOTAL HEALTH/SOCIAL SERVICES 20,000 0.00 15,611.55 4,388.45 78.06

CULTURE/RECREATION================== LIBRARY 637,834 60,048.72 217,298.95 420,535.05 34.07 PARKS 361,603 29,494.65 125,947.25 235,655.32 34.83 RECREATION 280,843 13,187.19 76,424.66 204,418.43 27.21 CEMETERY 25,680 3,268.70 4,994.43 20,685.57 19.45

TOTAL CULTURE/RECREATION 1,305,960 105,999.26 424,665.29 881,294.37 32.52

COMMUNITY ECONOMIC DEVELOPMENT============================== LMI 7,500 0.00 0.00 7,500.00 0.00 TIF 16,500 0.00 0.00 16,500.00 0.00 PLANNING & ZONING 594,575 53,686.99 227,597.76 366,977.41 38.28

TOTAL COMMUNITY ECONOMIC DEVELOPMENT 618,575 53,686.99 227,597.76 390,977.41 36.79

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11-26-2018 11:49 AM CITY OF PLEASANT HILL PAGE: 2 EXPENDITURES BY PROGRAM, AREA & DEPARTMENT AS OF: OCTOBER 31ST, 2018 % OF YEAR COMPLETED - 33.33 CURRENT MONTHLY YEAR TO DATE BUDGET % OFEXPENDITURES BUDGET ACTUAL ACTUAL BALANCE BUDGET__________________________________________________________________________________________________________________GENERAL GOVERNMENT================== MAYOR 8,333 599.76 3,269.58 5,063.42 39.24 COUNCIL 115,294 1,568.54 64,419.84 50,874.16 55.87 CLERK, TREASURER, ADMIN. 458,910 41,161.75 159,111.32 299,799.16 34.67 ELECTIONS 3,000 0.00 0.00 3,000.00 0.00 LEGAL SERVICES/CITY ATTY 164,000 9,420.30 34,076.86 129,923.14 20.78 CITY HALL & BUILDINGS 396,300 21,859.22 98,173.74 298,125.93 24.77 UTILITY FRANCHISE 115,000 19,477.92 47,615.42 67,384.58 41.40 IT 123,703 21,772.96 36,186.72 87,516.28 29.25

TOTAL GENERAL GOVERNMENT 1,384,540 115,860.45 442,853.48 941,686.67 31.99

DEBT SERVICE============ DEBT SERVICE 0 0.00 0.00 0.00 0.00 2004 URB RENEW 0 0.00 0.00 0.00 0.00 2003 URB RENEW 0 0.00 0.00 0.00 0.00 2006 URB REN/CORP PURP 0 0.00 0.00 0.00 0.00 2007 URB REN/CORP PURP 0 0.00 0.00 0.00 0.00 2010 URB REN/CORP PURP 0 0.00 0.00 0.00 0.00 2009 CORP PURP/REFUNDING 0 0.00 0.00 0.00 0.00 2009 SEWER IMPROVEMENT 67,985 0.00 0.00 67,985.00 0.00 BOX CULVERT REPLACE-EVAN 22,377 0.00 22,376.25 0.75 100.00 2011 URB REN/CORP PURP 0 0.00 0.00 0.00 0.00 2012 ESSEN/CORP/GEN PURP 502,430 0.00 0.00 502,430.00 0.00 2012 URB REN 0 0.00 0.00 0.00 0.00 2015 BOND 141,325 0.00 0.00 141,325.00 0.00 2016 $8M BOND 1,302,800 0.00 0.00 1,302,800.00 0.00 2017 $7.5M BOND 0 0.00 0.00 0.00 0.00

TOTAL DEBT SERVICE 2,036,917 0.00 22,376.25 2,014,540.75 1.10

CAPITAL PROJECTS================ CAPITAL PROJECTS 21,468,857 797,938.31 3,250,698.33 18,218,158.67 15.14

TOTAL CAPITAL PROJECTS 21,468,857 797,938.31 3,250,698.33 18,218,158.67 15.14

BUSINESS TYPE ACTIVITIES======================== WATER ADMINISTRATION 140,000 0.00 0.00 140,000.00 0.00 SEWER DEPARTMENT 1,609,387 141,333.07 624,342.51 985,044.41 38.79 SOLID WASTE DEPARTMENT 429,350 61,720.08 178,371.62 250,978.38 41.54 EQUIPMENT REPLACEMENT 386,000 33,204.09 217,583.06 168,416.94 56.37 STORM WATER 357,500 7,379.93 31,206.65 326,293.35 8.73

TOTAL BUSINESS TYPE ACTIVITIES 2,922,237 243,637.17 1,051,503.84 1,870,733.08 35.98

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11-26-2018 11:49 AM CITY OF PLEASANT HILL PAGE: 3 EXPENDITURES BY PROGRAM, AREA & DEPARTMENT AS OF: OCTOBER 31ST, 2018 % OF YEAR COMPLETED - 33.33 CURRENT MONTHLY YEAR TO DATE BUDGET % OFEXPENDITURES BUDGET ACTUAL ACTUAL BALANCE BUDGET__________________________________________________________________________________________________________________

NON-PROGRAM=========== NON-DEPARTMENTAL 0 0.00 0.00 0.00 0.00

TOTAL NON-PROGRAM 0 0.00 0.00 0.00 0.00

TOTAL EXPENDITURES 34,709,117 1,722,618.84 7,069,130.54 27,639,986.21 20.37 ============= ============== ============== ============== =======

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Page 9: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

CITY OF PLEASANT HILL REVENUE PUBLICATION REPORT AS OF: OCTOBER 31ST, 2018 MONTHLY REVENUE______________________________________________________________________________ GENERAL 1,806,344.39 ROAD USE 78,743.96 EMPLOYEE BENEFIT FUND 392,818.83 EMERGENCY FUND 50,305.11 INDUSTRIAL TIF DISTRICT 1.34 EAST URBAN RENEWAL TIF 1,142,819.72 LMI FUND 9.74 CENTRAL CITY TIF 65,105.61 SPECIAL ASSESSMENT 0.25 URBAN RENEWAL CCRK TIF 51,532.62 FEDERAL PROCEEDS 12.58 AVENUE OF FLAGS T & A 0.89 P&R COMPLEX TRUST & AGNCY 1.15 LIBRARY TRUST & AGENCY 10.48 MEMORIAL TRUST & AGENCY 0.50 DEBT SERVICE 262,957.88 CAPITAL PROJECTS 391.37 WATER PARK PROJECT 0.00 TIF CAPITAL PROJECTS 5,053.73 PERPETUAL TRUST & AGENCY 377.14 WATER 164.49 SEWER 109,562.15 SEWER CONSTRUCTION FUND 0.00 SOLID WASTE 29,234.71 EQUIPMENT REPLACEMENT 4,466.77 STORM WATER 15,756.87

GRAND TOTAL REVENUES 4,015,672.28

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TREASURER'S REPORTCITY OF PLEASANT HILL

10/31/2018

BALANCE BALANCE

MONTH BEGINNING REVENUE EXPENSES MONTH ENDING

001-1110 Cash 3,561,627.47 1,809,037.84 580,544.62 4,790,120.69

001-1112 Money Market 0.00 0.00

001-1120 Petty Cash 1,450.00 1,450.00

001-1150 Investments 62,604.79 62,604.79

110-1110 Road Use 1,023,528.74 78,743.96 103,155.27 999,117.43

112-1110 Cash-Employee Benefits 34,302.56 392,818.83 34,301.00 392,820.39

119-1110 Emergency Fund 4,392.98 50,305.11 4,392.77 50,305.32

125-1110 Industrial TIF District 3,438.90 1.34 3,440.24

126-1110 East Urban Renewal TIF 637,080.00 1,142,819.72 1,779,899.72

127-1110 LMI Fund 25,026.06 9.74 25,035.80

128-1110 Central City Urban Renewal TIF 17,268.10 65,105.61 82,373.71

130-1110 Special Assessment 644.51 0.25 644.76

145-1110 Urban Renewal CCRK TIF 164,087.58 51,532.62 215,620.20

177-1110 Drug Forfeitures 32,347.43 12.58 32,360.01

180-1110 Avenue of Flags 2,295.39 0.89 2,296.28

182-1110 Park/Rec 2,955.36 1.15 2,956.51

182-1150 Park/Rec Investments 25,546.49 25,546.49

183-1110 Library 26,931.13 10.48 26,941.61

183-1150 Library Investments 7,540.89 7,540.89

184-1110 Memorial 1,287.71 0.50 1,288.21

200-1110 Debt Service 44,332.82 262,957.88 307,290.70

301-1110 CIP Projects Fund 1,005,970.78 391.37 42,190.72 964,171.43

301-1150 CIP Projects Investments 0.00 0.00

304-1110 TIF CIP Projects Fund 12,917,896.64 5,053.73 755,747.59 12,167,202.78

500-1110 Cemetery 44,059.63 377.14 44,436.77

500-1150 Cemetery Investments 40,306.73 40,306.73

600-1110 Water 398,867.25 164.49 9.31 399,022.43

600-1150 Water Investments 110,776.14 110,776.14

600-1170 Meter Deposits 23,927.49 9.31 0.00 23,936.80

610-1110 Sewer 608,063.76 107,802.15 139,573.07 576,292.84

670-1110 Garbage/Recycling 142,171.41 27,474.71 59,960.08 109,686.04

699-1110 Equipment Replacement 190,205.34 4,466.77 33,204.09 161,468.02

740-1110 Storm Water 275,217.50 13,996.87 5,619.93 283,594.44

TOTAL All Checking and CD Accounts 21,436,151.58 4,013,095.04 1,758,698.45 23,690,548.17

___________________________

City Clerk/Finance Director

___________________________

City Manager

FUND

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Page 11: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

PLEASANT HILL POLICE DEPARTMENT OCTOBER 2018 MONTHLY REPORT

Calls for Service

In October 2018, officers responded to 787 calls for service. This is a decrease in calls for service for the Police Department. A quick comparison between the months of October 2018 and September 2018 illustrates a decrease of 42 calls for service that equates to a 5% decrease in calls. Also, comparing October 2018 to October 2017, there is a significant decrease of 219 fewer calls for service.

Arrest/Criminal Charges

October arrest information was retrieved from the Tracs reporting system.

The number of adults arrested in October 2018 was 21. The number of charges filed on adult offenders for October was 45. This includes warrant arrests made by Officers. Drivers with suspended, revoked or barred licenses have remained steady.

787 829

1006

Calls for Service

Oct-18 Sep-18 Oct-17

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Page 12: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

Trends

In the past, trends usually indicate that narcotics related offenses are typically the most significant charge within the City, and this remains consistent in October. We continue to see a number of individuals driving without a valid license and other traffic issues. This month we also had an incident with the suspect going armed with intent and willful injury.

Incident Reports

Incident Reports reflect the number of cases that are filed by the Police Department. In October 2018, 115 cases were filed. This is less than the number of reports filed last year in October 2017 of 123. This is an increase in incident reports from the previous month of September 2018 of 86.

13

4

2

4

1

14

4

1 1 1

Arrests / Charges FiledOctober 2018

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Page 13: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

Incidents According to Territory

*there were additional incidents that were not designated to a territory.

115123

86

Oct-18 Oct-17 Sep-18

Incidents - October

PHPN, 74, 64%

PHPS, 33, 29%

PHPD, 8, 7%

Incidents by Territory

PHPN

PHPS

PHPD

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Page 14: PLEASANT HILL CITY COUNCIL REGULAR SESSION DECEMBER …

*Some data is outside of these territory designations.

Traffic Enforcement

In October 2018, Officers took 26 accident reports. This is a significant increase in the number of accident reports from the previous month of September 2018 with 18 accident reports. This is consistent with the number of reported accidents from last year in October 2017 with 29 accident reports.

SU MO TU WE TH FR ST

1 1 2 2 2

8

12

17 17

4

9

7

34

65

7

5

3

Incidents by Territory andDay of Week

PHPD PHPN PHPS

188

121136

184

127

160

Oct-17 Oct-18 Sept 2018

October Traffic Violations

Warnings Citation

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Accident Mapping

Accidents continue to occur along the highways, particularly along Highway 163, through the City and Highway 65. Accidents have increased in and near the high school parking lot. Efforts continue to educate and enforce traffic safety along this and other areas in the community. The map above indicates the locations of accidents in October 2018.

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Investigations Detective Zimmerman Open Cases 0 New Cases Assigned 0

Cases Closed 0 Cases Cleared by Arrest 0

Cases Suspended 0 Unfounded 0

Detective Bassett Open Cases 1 New Cases Assigned 3

Cases Closed 7 Cases Cleared by Arrest 7

Cases Suspended 1 Unfounded 0

Detective Zimmerman – Stats with the FBI Cyber Task Force

Interviews 20 Fraud 15

Subpoena 8 Technical Assistance 6

Trafficking 0 National Security 1

Search Warrants 3 Child Porn Investigation 1

Presentations/Speaking 4

K-9 Program

Officer Burke and K-9 Rook has callouts in October. One from Altoona Police Department and one from Polk County Sheriff’s office. These were successful callouts.

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School Resource Officer

42

75

19

51

10

3 2 3 24 3

1 1

HIGH SCHOOL - SRO ACTIVITYOCTOBER 2018

83

2 6 52 3 1

8 5 6 5

JUNIOR HIGH SCHOOL - SRO ACTIVITY OCTOBER 2018

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CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION

DATE: DECEMBER 4, 2018 TO: MAYOR & CITY COUNCIL FROM: MADELINE STURMS, AICP, CPM COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SETTING PUBLIC HEARING FOR ORDINANCE 849 – FLOODPLAIN REGULATIONS

BACKGROUND: Earlier this year, FEMA finalized the new Polk County Flood Insurance Rate Maps following an extensive review and comment period. The new flood maps will become effective on February 1, 2019 and the City is required to update the adopted floodplain ordinance to ensure compliance with the regulations of the National Flood Insurance Program (NFIP) including referencing the new effective date of the maps.

Pleasant Hill has participated in the NFIP since 1985. In order to remain in good standing with the program, FEMA is requiring the city to update its floodplain management ordinance prior to February 1st to ensure full compliance with the NFIP's regulations. Failure to do so will result in the city being suspended from the NFIP.

In coordination with the Iowa Department of Natural Resources, the City has reviewed and updated Chapter 160 Flood Plain Regulations to ensure compliance with the NFIP. Modifications to the chapter include several new definitions to add clarity to the chapter, adoption of the new maps, and a process to revise the FIRM maps should development occur which impacts the floodplain. The updated language will further provide the City with the flexibility to modify or eliminate the currently unutilized Flood Plain and Conservation Zoning District (U-1). Following is a resolution setting a hearing date of December 18, 2018 at 6:30 PM.

ALTERNATIVES: Not approve the resolution to set a hearing date. However, the resolution only sets a hearing and does not take additional action.

FINANCIAL CONSIDERATIONS: N/A RECOMMENDATION: Approval of the attached resolution setting a public hearing date for consideration of updates to Chapter 160 Flood Plain Regulations.

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RESOLUTION #120418-01

A RESOLUTION SETTING THE PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 160 FLOOD PLAIN REGULATIONS

LET IT BE RESOLVED that the public hearing for amendments to Chapter 160 Flood Plain Regulations for the City of Pleasant Hill, Iowa is set for December 18, 2018 at 6:30 p.m., in the Pleasant Hill Council Chambers, Pleasant Hill, Iowa. ADOPTED December 4, 2018 Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director

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NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON AMENDMENTS TO CITY CODE CHAPTER 160 FLOOD PLAIN REGULATIONS FOR THE CITY OF PLEASANT HILL, IOWA NOTICE IS HEREBY GIVEN that the City Council of the City of Pleasant Hill will hold a public hearing at 6:30 p.m. on the 18th day of December 2018, in the City Council Chambers, 5160 Maple Drive, Pleasant Hill, Iowa, concerning amendments to City Code Chapter 160 Flood Plain Regulations. Comments from citizens will be heard at the hearing. Written comments must be filed at the City Clerk’s Office no later than 4:00 p.m. on Tuesday, December 18, 2018. Dena Spooner City Clerk/Finance Director City of Pleasant Hill

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ORDINANCE NO. 849 AN ORDINANCE AMENDING CHAPTER 160, FLOOD PLAIN REGULATIONS, OF

THE CODE OF THE CITY OF PLEASANT HILL, IOWA. BE IT ORDAINED by the City of Pleasant Hill, Iowa: THAT Chapter 160, Flood Plain Regulations, of the Code of Ordinances of the City of Pleasant Hill, Iowa, be amended by deleting the present Chapter 160 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 160, Flood Plain Regulations, 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 December 2018, and approved this __________ day of December 2018.

CITY OF PLEASANT HILL, IOWA

_____________________________ By: Sara Kurovski Its: Mayor

ATTEST TO: _____________________________ By: Dena Spooner Its: City Clerk/Finance Director

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EXHIBIT A

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CHAPTER 160

FLOOD PLAIN REGULATIONS

160.1 Statutory Authority and Purpose

160.2 Rules of Construction

160.3 Definitions

160.4 Lands to Which Chapter Applies

160.5 Compliance

160.6 Abrogation and Greater Restrictions

160.7 Interpretation

160.8 Warning and Disclaimer of Liability

160.9 Establishment of Zoning Overlay Districts

160.10 Floodway District - FW

160.11 Floodway Fridge District - FF

160.12 General Flood Plain District - FP GF

160.13 Shallow Flooding District - SF

160.13 Administration

160.14 Flood Plain Development Permit Required

160.15 Application for Permit

160.16 Action on Permit Application

160.17 Construction and Use to be as Provided in Application and Plans

160.18 Conditional uses, Appeals, and Variances

160.19 Factors Upon Which the Decision to Grant Variances is Based

160.20 Conditions Attached to Variances

160.21 Appeals to the Court

160.22 Nonconforming Uses

160.23 Amendment

160.1 Statutory Authority and Purpose. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and general welfare. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the City and its residents and to preserve and improve the peace, safety, health, welfare and comfort and convenience of its residents by minimizing flood losses with provisions designed to:

1. Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.

2. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities.

3. Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

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4. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

5. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

160.2 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. “Appurtenant structure” means a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

2. “Base flood” means the flood having one percent (1%) chance of being equaled or exceeded in any given year. (See 100-year flood.)

3. “Base flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

4. “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”

5. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. “Development” does not include “minor projects” or “routine maintenance” of existing buildings and facilities as defined in this section. It also not included gardening, plowing, and similar practices that do not involve filling or grading.

6. “Enclosed area below lowest floor” means the floor of the lowest enclosed area in a building when all the following criteria are met:

A. The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Section 160.11 4(A) of this chapter;

B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage;

C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the base flood elevation; and,

D. The enclosed area is not a "basement" as defined in this section.

7. “Existing construction” means any structure for which the “start of construction” commenced before the effective date of the community’s Flood Insurance Rate Map. May also be referred to as “existing structure.”

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8. “Existing factory-built manufactured home park or subdivision” means a factory-built manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of these flood plain management regulations.

9. “Expansion of existing factory-built manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

10. “Factory-built Manufactured home” means any structure designed for residential use which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this chapter, factory-built manufactured homes include mobile homes, manufactured factory-built homes and modular homes and also includes “recreational vehicles” which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

11. “Factory-built Manufactured home park” means a parcel or contiguous parcels of land divided into two or more factory-built manufactured home lots for sale or lease.

12. “Five Hundred (500) Year Flood” means a flood, the magnitude of which has a two-tenths (0.2) percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every five hundred (500) years.

13. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

“Flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

14. “Flood Insurance Rate Map (FIRM)” means the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

15. “Flood Insurance Study (FIS)” means a report published by FEMA for a community issued along with the community’s Flood Insurance Rate Map. The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.

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16. “Flood plain” means any land area susceptible to being inundated by water as a result of a flood.

17. “Flood plain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations.

18. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities which will reduce or eliminate flood damage to such structures.

19. “Floodway” means the channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot. This land is identified on the community’s Flood Insurance Rate Map as ‘floodway.’

20. “Floodway fringe” means those portions of land identified as Zone AE on the community’s Flood Insurance Rate Map the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

21. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

22. “Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (i) an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs.

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23. “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when all the criteria listed in the definition of “enclosed lowest floor below lowest floor.” following criteria are met:

E. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 160.11(4)(A); and

F. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and

G. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the 100-year flood level; and

H. The enclosed area is not a “basement” as defined in this section.

In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

23. “Minor projects” means small development activities (except for filling, grading and excavating) valued at less than $500.

24. “New construction” (new buildings, factory-built manufactured home parks) means those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map.

25. “New factory-built manufactured home park or subdivision” means a factory-built manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these flood plain management regulations.

“100-Year Flood” means a flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years.

26. “Recreational vehicle” means a vehicle which is:

A. Built on a single chassis;

B. Four hundred (400) square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty vehicle; and

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D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

27. “Routine maintenance of existing buildings and facilities” means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

A. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;

B. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

C. Basement sealing;

D. Repairing or replacing damaged or broken window panes; and,

E. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

28. “Special flood hazard area” means the land within a community subject to the “100-year flood” “base flood.” This land is identified on the community’s Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, and/or A99. on the Flood Insurance Rate Map.

29. “Start of construction” includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

30. “Structure” means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built manufactured homes, storage tanks and other similar uses.

31. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would

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equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

32. “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:

A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (i) before the “start of construction” of the improvement, or (ii) if the structure has been “substantially damaged” and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. The term also does not include any alteration of an “historic structure,” provided the alteration will not preclude the structure’s designation as an “historic structure.”

B. Any addition which increases the original floor area of a building by twenty-five percent (25%) or more. All additions constructed after the effective date of the Flood Insurance Rate Map, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent.

33. “Variance” means a grant of relief by a community from the terms of the flood plain management regulations.

34. “Violation” means the failure of a structure or other development to be fully compliant with this chapter.

160.3 Lands to Which Chapter Applies. The provisions of this chapter shall apply to all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe and General Flood Plain and Shallow Flooding Districts. The Flood Insurance Rate Map prepared as part of the Flood Insurance Study for Polk County and Incorporated Areas, the City of Pleasant Hill, Panels 19153C0360F, 0370F, 0380F, 0390F, dated May 3, 1982 February 1, 2019, is hereby adopted by reference and declared to be the Official Flood Plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this chapter.

160.4 Rules for Interpretation of District Boundaries. The boundaries of the zoning district areas shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the Zoning Administrator shall make the necessary interpretation. The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this chapter.

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160.5 Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.

160.6 Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. Any ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

160.7 Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

160.8 Warning and Disclaimer of Liability. The standards required by this chapter are considered reasonable for regulatory purposes. This chapter does not imply that areas outside the designated Flood Plain District areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

160.9 Establishment of Zoning Overlay Districts. The flood plain areas within the jurisdiction of this chapter are hereby divided into the following overlay districts:

1. Floodway District (FW) - defined as those areas identified as Floodway on the community’s Flood Insurance Rate Map;

2. Floodway Fringe District (FF) - defined as those areas identified as Zone AE on the community’s Flood Insurance Rate Map but excluding those areas identified as Floodway;

3. General Flood Plain District (FP GF) - defined as those areas identified as Zone A on the community’s Flood Insurance Rate Map.

4. Shallow Flooding District (SF).

The boundaries are as shown on the Official Flood Plain Zoning Map. Within these districts all uses not allowed as permitted uses or permissible as conditional uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.

160.10 Floodway District - FW.

1. Permitted Uses. All uses within the Floodway District shall be permitted to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway District. The following uses shall be permitted within the Floodway District to the

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extent they are not prohibited by any other ordinance and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of material or equipment, excavation or alteration of a watercourse.

A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

B. Industrial-commercial uses such as loading areas, parking areas, airport landing strips.

C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

D. Residential uses such as lawns, gardens, parking areas and play areas.

E. Such other open-space uses similar in nature to the above uses.

2. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, excavation or alteration of a watercourse may be permitted only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 160.19. Such uses must also meet the applicable provisions of the Floodway District Performance Standards.

F. Uses or structures accessory to open-space uses.

G. Circuses, carnivals, and similar transient amusement enterprises.

H. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.

I. Extraction of sands, gravel, and other materials.

J. Marinas, boat rentals, docks, piers, and wharves.

K. Utility transmission lines and underground pipelines.

L. Other uses similar in nature to uses described in subsection 1 and in this subsection which are consistent with the provisions of subsection 3 and the general spirit and purpose of this chapter.

2. Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards:

A. No use shall be permitted in the Floodway District that would result in any increase in the 100-year base flood level elevation. Consideration of the effects of any development on flood levels shall be based upon the

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assumption that an equal degree of development would be allowed for similarly situated lands.

B. All uses within the Floodway District shall:

(1) Be consistent with the need to minimize flood damage.

(2) Use construction methods and practices that will minimize flood damage.

(3) Use construction materials and utility equipment that are resistant to flood damage.

C. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other facility or system.

D. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.

E. Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation.

F. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.

G. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

H. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.

I. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows.

160.11 Floodway Fringe District - FF. All uses within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards.

1. All structures shall:

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A. Be adequately anchored to prevent flotation, collapse or lateral movement of the structure.

B. Use construction materials and utility equipment that are resistant to flood damage.

C. Use construction methods and practices that will minimize flood damage.

2. Residential Buildings Structures. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the 100-year flood level base flood elevation. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100-year flood level base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Board of Adjustment, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year base flood.

3. Nonresidential Buildings Structures. All new or substantially improved non-residential buildings structures shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level base flood elevation, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year base flood; and that the structure, below the 100-year flood level base flood elevation, is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to National Geodetic North American Vertical Datum) to which any structures are floodproofed shall be maintained by the Administrator.

4. All new and substantially improved structures:

A. Fully enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

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(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one foot above grade.

(3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

B. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

C. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5. Factory-built Manufactured Homes.

A. All new and substantially improved factory-built manufactured homes, including those placed in existing factory-built manufactured home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100-year flood level base flood elevation.

B. All new and substantially improved factory-built manufactured homes, including those placed in existing factory-built manufactured home parks or subdivisions, shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. Anchorage systems may include, but are not limited to, use of over-the-top or frame ties to ground anchors as required by the State Building Code.

6. Utility and Sanitary Systems.

A. On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.

B. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as

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the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot above the 100-year base flood elevation.

C. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot above the 100-year base flood elevation.

D. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.

7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100-year flood level base flood elevation. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning.

8. Flood control structural works such as levees, flood-walls, etc. shall provide, at a minimum, protection from a 100-year base flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.

9. Watercourse alterations or relocations must be designed to maintain the flood within the altered or relocated portion.

10. Subdivisions (including factory-built manufactured home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this chapter. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year base flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood base flood elevation data for those areas located within the Flood Plain District.

11. Accessory Structures to Residential Uses.

A. Detached garages, sheds, and similar structures that are incidental and accessory to a residential use are exempt from the 100-year base flood elevation requirements where the following criteria are satisfied:

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(1) The structure shall not be used for human habitation.  The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage.

(2) The structure shall be designed to have low flood damage potential.  Its size shall not exceed 600 square feet. Those portions of the structure located less than 1 foot above the base flood elevation must be constructed of flood-resistant materials.

(3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

(4) The structure shall be firmly anchored to prevent flotation, collapse and lateral movement which may result in damage to other structures.

(5) The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100-year base flood level.

(6) The structure’s walls shall include openings that satisfy the provisions of Section 160.11 (4)A of this chapter.

B. Exemption from the 100-year base flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

12. Recreational Vehicles.

A. Recreational vehicles are exempt from the requirements of Section 160.11(5) of this chapter regarding anchoring and elevation of factory-built manufactured homes when the following criteria are satisfied.

(1) The recreational vehicle shall be located on the site for less than 180 consecutive days, and,

(2) The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

B. Recreational vehicles that are located on the site for more than 180 consecutive days and are not ready for highway use must satisfy requirements of Section 160.11(5) of this chapter regarding anchoring and elevation of factory-built manufactured homes.

13. Pipeline river and stream crossings shall be buried in the stream bed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

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160.12 General Flood Plain District - FP GF.

1. Permitted Uses. All uses within the General Flood Plain District shall be permitted to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the General Floodplain District. The following uses shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance and provided they do not include placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse.

A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

B. Industrial-commercial uses such as loading areas, parking areas, and airport landing strips.

C. Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

D. Residential uses such as lawns, gardens, parking areas and play areas.

Conditional Uses. Any use which involves placement of structures, factory-built manufactured homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 160.19. All such uses shall be reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the 100-year flood level base flood elevation. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.

2. Performance Standards.

A. All conditional uses, or portions thereof, to be located in the floodway as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway District (Section 160.10).

B. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe District (Section 160.11).

160.13 Shallow Flooding District - SF. All uses within the Shallow Flooding District shall be permitted to the extent that they are not prohibited by any other ordinance and

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provided they meet the applicable performance standards of the Shallow Flooding District. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions:

1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the Flood Insurance Rate Map (or a minimum of 2.0 feet if no number is specified) above the highest natural grade adjacent to the structure.

2. In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the elevation as specified on the Flood Insurance Rate Map.

160.13 Administration. The Zoning Administrator shall administer and enforce this chapter and will herein be referred to as the Administrator. The duties and responsibilities of the Administrator include, but are not necessarily limited to, the following:

1. Review all flood plain development permit applications to assure that the provisions of this chapter will be satisfied.

2. Review all flood plain development permit applications to assure that all necessary permits have been obtained from Federal, State or local governmental agencies including approval when required from the Department of Natural Resources for flood plain construction.

3. Record and maintain a record of (i) the elevation (in relation to National Geodetic North American Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.

4. Notify adjacent communities and/or countries and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.

5. Keep a record of all permits, appeals, and such other transactions and correspondence pertaining to the administration of this chapter.

6. Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.

7. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.

8. Review subdivision proposals to insure such proposals are consistent with the purpose of this chapter and advise the Council of potential conflicts.

9. Maintain the accuracy of the community’s Flood Insurance Rate Map when:

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A. Development placed within the Floodway (Overlay) District results in any of the following:

(1) An increase in the Base Flood Elevations, or

(2) Alteration to the floodway boundary.

B. Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or

C. Development relocates or alters the channel.

D. Within 6 months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision.

10. Perform site inspections to ensure compliance with the standards of this chapter.

11. Forward all requests for Variances to the Board of Adjustments for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.

160.14 Flood Plain Development Permit Required. A Flood Plain Development Permit issued by the Administrator shall be secured prior to any flood plain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built manufactured homes.

160.15 Application for Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Administrator and shall include the following information.

1. Description of the work to be covered by the permit for which application is to be made.

2. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.

3. Indication of the use or occupancy for which the proposed work is intended.

4. Elevation of the 100-year base flood.

5. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed.

6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

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7. Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter.

160.16 Actions on Permit Application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for variances except as directed by the Board of Adjustment.

160.17 Construction and Use to be as Provided in Application and Plans. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.

160.18 Conditional Uses, Appeals, and Variances. The Board of Adjustment shall hear and decide (i) applications for conditional uses upon which the Board is authorized to pass under this chapter; (ii) appeals, and (iii) requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board.

1. Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjustment.

2. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.

3. Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.

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A. Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

B. Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-year base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

C. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.

E. All variances granted shall have the concurrence or approval of the Department of Natural Resources.

4. Hearings and Decisions of the Board of Adjustment.

A. Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a conditional use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.

B. Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall

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consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Section 160.21.

160.19 Factors Upon Which the Decision to Grant Variances is Based. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:

1. The danger to life and property due to increased flood heights or velocities caused by encroachments.

2. The danger that materials may be swept on to other land or downstream to the injury of others.

3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

5. The importance of the service provided by the proposed facility to the City.

6. The requirements of the facility for a flood plain location.

7. The availability of alternate locations not subject to flooding for the proposed use.

8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

10. The safety of access to the property in times of flood for ordinary and emergency vehicles.

11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.

12. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.

13. Such other factors which are relevant to the purpose of this chapter.

160.20 Conditions Attached to Variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:

1. Modification of waste disposal and water supply facilities.

2. Limitation on periods of use and operation.

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3. Imposition of operational controls, sureties, and deed restrictions.

4. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.

5. Floodproofing measures designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing may include, but is not necessarily limited to the following:

A. Anchorage to resist floatation and lateral movement.

B. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

C. Reinforcement of walls to resist water pressure.

D. Use of paints, membranes, or mortars to reduce seepage of water through walls.

E. Addition of mass or weight structures to resist floatation.

F. Installation of pumps to lower water levels in structures.

G. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.

H. Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.

I. Construction to resist rupture or collapse caused by water pressure or floating debris.

J. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures.

K. Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding.

160.21 Appeals to The Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the

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grounds of illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

160.22 Nonconforming Uses.

1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:

A. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this chapter.

B. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

C. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter.

2. Except as provided in subsection B above, any use which has been permitted as a conditional use or variance shall be considered a conforming use.

160.23 Amendments. The regulations and standards set forth in this chapter may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.

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CITY OF PLEASANT HILL, IOWA

CITY COUNCIL AGENDA COMMUNICATION

DATE: DECEMBER 4, 2018 TO: MAYOR AND CITY COUNCIL FROM: J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER SUBJECT: RESOLUTION TO APPROVE PARKS SUPERINTENDENT JOB DESCRIPTION

BACKGROUND: The City’s park and recreation operations were moved from the Public Works Department to the Community Development Department approximately four years ago. The division currently contains three full time employees and depends on a combination of part time staff and contracted services for the balance of the workload. As the responsibilities and roles within the division continue to evolve and in anticipation of future facilities growth, the job description of the Parks and Recreation Supervisor has been reviewed. The attached job description for the Parks Superintendent has been developed as an update for the position that will continue to lead major functional areas within the Parks and Recreation division including general care and maintenance of park grounds and facilities. The Parks Superintendent will also perform a wide variety of professional, administrative, supervisory, and other specialized duties. Following is a resolution approving the updated job description for Parks Superintendent. ALTERNATIVES: Not approve the job description; however, the description has been drafted to more accurately reflect the current role being performed. FINANCIAL CONSIDERATIONS: No salary changes are proposed for position and the Parks Superintendent would remain a Grade 17 . RECOMMENDATION: Approval of the job description for the Parks Superintendent.

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RESOLUTION #120418-02

A RESOLUTION APPROVING THE JOB DESCRIPTION FOR PARKS SUPERINTENDENT

WHEREAS, the City Council wishes to create an updated job description for the current Parks and Recreation Supervisor; and WHEREAS, the City has developed and reviewed the attached job description for the position including a new title of Parks Superintendent; and WHEREAS, the position will remain a Grade 17 in the adopted City salary matrix; THEREFORE, BE IT RESOLVED, that the City Council of Pleasant Hill, Iowa, in Polk County, Iowa, does hereby approve the job description for the Parks Superintendent at Grade 17. ADOPTED this 4th day of December, 2018 Sara Kurovski. Mayor ATTEST: Dena Spooner, City Clerk/Finance Director

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POSITION TITLE: PARKS SUPERINTENDENT REPORTS TO: PARKS & RECREATION MANAGER FLSA CLASSIFICATION: EXEMPT FACILITY AND WORK AREA: CITY OF PLEASANT HILL ADMINISTRATIVE OFFICES SALARY MATRIX: GRADE 17 JOB SUMMARY Under general administrative direction of the Parks and Recreation Manager, this full-time position performs a wide variety of professional, administrative, supervisory, and specialized duties, which require accuracy, proficiency, confidentiality, and independent judgment in development, projects, and programs. Leads and supervises major functional areas including but not limited to the general care and maintenance of park grounds and facilities of the City of Pleasant Hill. Assists in interviewing, recommending hires, training, assigning work, and evaluating staff. Provides leadership for daily park operations, budgeting, training, and staff scheduling for the division. Performs other duties as may be assigned. JOB FUNCTIONS Examples of Essential Job Functions 1. Supervises general park maintenance tasks and programs required to maintain public parks, trails,

playgrounds, sports fields, facilities, trees, landscapes, and natural areas.

2. Assists in the hiring, training, and evaluations of staff. Plans, organizes and directs the work of the personnel within the division including but not limited to developing work plans, daily assignments, scheduling, disciplinary procedures and time sheets. Inspects the work performed by staff.

3. Serves as the Parks and Recreation Manager; in his or her absence.

4. Serves as the City Forester to manage, supervise and coordinate all urban forestry activities and

operations. Develops, promotes, and implements plans, strategies and programs to conserve, preserve, and enhance trees and urban forests that include the following functions:

a. Facilitate tree plantings, care, removal, and community tree distribution programs. b. Provides forestry related community education and outreach programs. c. Maintains the Tree City USA designation.

5. Manages contract services including writing specifications, soliciting bids, recommending contractors,

recommending contract provisions, and supervision. 6. Assists the Parks and Recreation Manager in the development of short and long range park plans.

Works with the Parks and Recreation Manager to develop annual work plans and Capital Improvement Projects related to parks, trails and facilities.

7. Confers with the Parks and Recreation Manager for the construction and maintenance of park and

trail facilities. Works with consulting engineers and landscape architects in the design and implementation of Capital Improvement Projects.

8. Prepares various monthly, seasonally and annual reports summarizing operations. 9. Maintains records and logs on project activities, vandalism, chemical applications, equipment

inventory and supplies.

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10. Prepares the annual parks budget for submittal to the Parks & Recreation Manager, administers the adopted budget, purchases and maintains adequate supplies and materials needed for the proper operation of the division.

11. Investigates and resolves complaints.

12. Encourages and promotes compliance with safety rules, the use of safety equipment, and safety procedures.

13. Supervises and may participate in the operation of heavy, medium, and light equipment.

14. Seeks and write grants related to capital improvement projects, park maintenance operations and forestry programs.

 15. Assists with the planning and implementation of community events, recreation programs and

volunteer work projects.

16. Acts as a liaison with sports or civic organizations, regional forestry boards and other local professional groups.

17. Attends meetings related to safety, site review, engineering review, field investigations, special

events, project planning, facility usage, and other community concerns. Other Job Duties: 1. Represents the City at various regional boards and commissions as directed by the Parks and

Recreation Manager. 2. Attends workshops, seminars and conferences as approved to further develop knowledge skills and

abilities in order to develop new or maintain and enhance areas of expertise. 3. Assists other departments as directed. 4. Performs other duties or assumes other responsibilities as apparent or assigned by the Parks and

Recreation Manager. PHYSICAL AND ENVIRONMENTAL CHARACTERISTICS Required Physical Activities: Carrying, climbing, balancing, stooping, kneeling, crouching, reaching, sitting, standing, walking, pushing, pulling, lifting, grasping, fingering, talking, hearing and repetitive motions. Physical Characteristics of the Job: Heavy work requiring exertion up to 100 pounds of force occasionally and exertion of up to 50 pounds of force frequently. Environmental Characteristics: The work is performed both inside and outside and includes seasonal exposure to cold, heat, wind, rain, snow, and other weather conditions. The worker is also exposed to awkward or confining work space, darkness or poor lighting, dirt/dust, fumes/odors, moving machinery, noise, vibration, visual strain, wetness/humidity, working on uneven ground, mechanical hazards, chemical hazards, and traffic hazards. Also, the work may expose the employee to unpleasant social situations, a significant work pace, pressure, and irregular work hours.

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EQUIPMENT AND MATERIALS USED Truck and attachments, tractor and attachments, loaders, mowers and attachments, trimmers, air compressor, drills, saws, grinders, ladders, chains, extension cords, measuring equipment, hoses, oils, hydraulic tools, hazardous chemicals and materials, calculator, personal computer equipment and software, general office equipment, MSDS documentation, OSHA regulations, City of Pleasant Hill Code of Ordinances, Code of Iowa, personnel policies, dictionary, typewriter, calculator, telephone, mobile radio, fax machine, photographic equipment, copier machine, various recreation and sports equipment and other equipment as required. EMPLOYMENT STANDARDS Required Knowledge, Skills, and Abilities:

• Applicable City policies and ordinances; • Park and facility budgeting, maintenance, and design; • Organize, direct, and coordinate the work of staff and contractors; Effective and efficient public

relations; • Personal computers and related software programs; • OSHA safety and training requirements; • City infrastructure layout and public properties; and • Applicable Federal, State, and local laws, rules, and regulations.

Education, Training, and Experience:

Required Education: Graduation from an accredited four (4) year college or university with major course work in parks and recreation or related curriculum.

Experience Preferred: Five or more years of progressively responsible work experience in parks, recreation and/or forestry, including experience supervising personnel and related activities; or an equivalent combination of training and experience.

Required Special Qualifications:

1. Must possess a valid driver’s license in the State of Iowa and must obtain a valid class “B” Iowa Commercial License within 60 days of employment.

2. First Aid, AED and CPR certification.

3. Shall be generally available for off-hour emergencies and/or work assignments.

4. Shall possess a commercial applicators’ license issued by the State of Iowa, valid in all categories necessary for the individual department, within 60 days of employment, if required by the department.

5. Shall possess a S130/S190/L180 prescribed fire training certificate within a period of time as determined by the appointing authority.

6. Shall possess Certified Playground Inspectors Certification (CPSI) within one year of employment.

7. ISA Certified Arborist certification is preferred but not required. The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. The City of Pleasant Hill retains the authority to change the job duties included in this job description at any time. The list of duties is not exhaustive and various requirements are subject to possible modification as a reasonable accommodation for a qualified individual. Effective Date: November, 2018

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CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION

DATE: DECEMBER 4, 2018 TO: MAYOR & CITY COUNCIL FROM: J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER SUBJECT: COUNCIL APPOINTMENTS TO THE WASTEWATER RECLAMATION AUTHORITY

BACKGROUND: Each year, the City appoints representatives to various boards and commissions in the region. At this time, the Wastewater Reclamation Authority (WRA) has requested confirmation of the Pleasant Hill representatives prior to the new calendar year beginning in 2019. Following is a resolution appointing Mayor Sara Kurovski as the Management Committee representative with Councilmember Ross Grooters as the alternate. The resolution also appoints Public Works Director Gary Patterson to the Technical Committee with Assistant Public Works Director Russ Paul as the alternate. This would be a reappointment of all four individuals who are currently serving as the City’s representatives to the WRA. ALTERNATIVES: Not approve some or all of the appointments. However, this may delay or prevent the City from having representation to the boards and commissions.

FINANCIAL CONSIDERATIONS: N/A RECOMMENDATION: Approval of the appointments to the Wastewater Reclamation Authority

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RESOLUTION # 120418-03

A RESOLUTION DESIGNATING REPRESENTATIVES FROM THE CITY OF PLEASANT HILL, IOWA TO

THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY (WRA)

WHEREAS, the City of Pleasant Hill, Iowa has chosen to participate in the Des Moines Metropolitan Wastewater Reclamation Authority, and WHEREAS, it is necessary to designate representatives from the City of Pleasant Hill to represent the city to the Des Moines Metropolitan Wastewater Reclamation Authority; NOW, THEREFORE, be it resolved that Sara Kurovski is designated as the representative and Ross Grooters is designated as the alternate representative to the management committee, and Gary Patterson is designated as the representative and Russ Paul is designated as the alternate representative to the Technical Committee of the WRA. ADOPTED December 4, 2014. Sara Kurovski, Mayor ATTEST: Dena Spooner, City Clerk/Finance Director

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CITY OF PLEASANT HILL, IOWA CITY COUNCIL AGENDA COMMUNICATION

DATE: DECEMBER 4, 2018 TO: MAYOR & CITY COUNCIL FROM: J. BENJAMIN CHAMP, AICP, EDFP, ASLA CITY MANAGER SUBJECT: DISCUSSION OF LOCAL OPTION SALES AND SERVICES TAX

BACKGROUND: Following the recent approval of a Local Option Sales and Services Tax (LOSST) in Dallas County and the passage in a few Polk County cities, metro area communities in Polk County are discussing the possibility of 2019 special elections for the implementation in other portions of the County. The Iowa legislature created new regulations for LOSST elections in the last session that now allow for the contiguous cities in the County to hold individual elections that pass or defeat the ballot within each city. Previously, the contiguous cities were bound to the vote totals collectively. Staff will review the legislative changes with the Council and provide information regarding special election dates and ballot language options. ALTERNATIVES: N/A FINANCIAL CONSIDERATIONS: The City has many long term capital improvement funding needs that include the construction of a new public safety facility, roadway and other infrastructure improvements, park and trail development, and the implementation of a space needs study. Distribution of LOSST funds collected across Polk County utilize an existing formula beneficial to Pleasant Hill that is based on proportionate population (75%) and property tax levy (25%), not retail sales. Pleasant Hill could receive approximately $1.4 million per year based upon 2018 estimates, though the actual number can fluctuate higher or lower depending on which communities elect to participate. RECOMMENDATION: Discuss and consider potential next steps regarding a special election for a local option sales and services tax.

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