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Annotated Agenda for 10/1/2018

This council session's agenda includes the urban chickens ordinance for discussion/amendment/vote -- it's scheduled to occur toward the very end of the session.  Also a few rezoning requests at Highways 58 & 20 and just north of Lakeshore Drive (item E.5 and E.8).    Prior to the council meeting, we'll also be hearing from the neighborhood associations at 6:00 in the council chambers, to learn what's happening in the neighborhoods, and what they'd like to see from the city for support.    The regular meeting starts at 7pm at City Hall; hope you can join us in person or via Channel 15.

A. Call to Order by the Mayor.  
B. Roll Call.  
C. Approval of Minutes of the Regular Meeting of September 17, 2018. No concerns.
D. Agenda Revisions.  
E. Special Order of Business:  
  1. Public hearing on a proposed ordinance granting a partial property tax exemption to Standard Distribution Co. for construction of a warehouse addition at 317 Savannah Park Drive. This follows through on a tax exemption agreement from September 2017.  No concerns.
  a. Receive and file proof of publication of notice of hearing. (Notice published September 21, 2018)  
  b. Written objections filed with the City Clerk.  
  c. Oral comments.  
  2. Pass an ordinance granting a partial property tax exemption to Standard Distribution Co. for construction of a warehouse addition at 317 Savannah Park Drive, upon its first consideration. This follow-up action approves the exemption.
  3. Public hearing on a proposed Agreement for Private Development and conveyance of certain city-owned real estate to Six Kids, L.L.C. This would convey to the applicant a piece of property in the Technology Park for $1.   This public hearing is required in order to move forward with this resolution. 
  a. Receive and file proof of publication of notice of hearing. (Notice published September 21, 2018)  
  b. Written objections filed with the City Clerk.  
  c. Oral comments.  
  4. Resolution approving and authorizing execution of an Agreement for Private Development and a Minimum Assessment Agreement with Six Kids, L.L.C., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to Six Kids, L.L.C. This resolution would then approve the development agreement and assessment agreement, gradually adding the property to our city's property tax rolls at 100% after five years.
  5. Public hearing on the proposed rezoning from A-1, Agricultural District, to HWY-1, Highway Commercial District, of property located in the southwest corner of Highway 58 and West Ridgeway Avenue, subject to certain conditions. This hearing allows the public to comment on the proposed zoning change of this large plot of land on the southwest corner of 58 and Ridgeway.  
  a. Receive and file proof of publication of notice of hearing. (Notice published September 21, 2018)  
  b. Written objections filed with the City Clerk.  
  c. Oral comments.  
  6. Pass an ordinance amending Section 29-107 of the Code of Ordinances by removing property located in the southwest corner of Highway 58 and West Ridgeway Avenue from A-1, Agricultural District, and placing the same in HWY-1, Highway Commercial District, subject to certain conditions, upon its first consideration. This follow-up item is required to officially rezone the land, and will require three separate approvals (considerations) by council.
  7. Public hearing on the proposed rezoning from A-1, Agricultural District, to R-1, Residence District, of property located at the north end of Lakeshore Drive. This would allow the land north of the existing Lakewood Hills neighborhood to be developed as single-family homes. 
  a. Receive and file proof of publication of notice of hearing. (Notice published September 21, 2018)  
  b. Written objections filed with the City Clerk.  
  c. Oral comments.  
  8. Pass an ordinance amending Section 29-107 of the Code of Ordinances by removing property located at the north end of Lakeshore Drive from A-1, Agricultural District, and placing the same in R-1, Residence District, upon its first consideration. This follow-up item is required to officially rezone the land, and will require three separate approvals (considerations) by council.
F. Old Business:  
  1. Pass Ordinance #2931, amending Chapter 29, Zoning, of the Code of Ordinances relative to design guidelines in the Central Business District Overlay Zoning District, upon its third & final consideration. No concerns; this has been disussed in past council sessions.
G. New Business:  
  1. Consent Calendar: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the Council or public requests that a specific item be considered separately.)  
  a. Receive and file the Committee of the Whole minutes of September 17, 2018 relative to the following items: (1) Promotion of Household Hazardous Materials Drop-off & Electronics Recycling Event – September 22, 2018. (2) Bills & Payroll. Simply enters the minutes into the public record, as an accurate reflection of what transpired at the meeting.  No concerns.
  b. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Information Systems Technician I. No concerns.
  c. Receive and file Departmental Monthly Reports of August 2018. No concerns. 
  d. Approve a request for a street closure and parking variance for the Pink Ribbon Run on October 6, 2018. No concerns; council makes the decision on all proposed street closures for special events.
  e. Approve the following applications for beer permits and liquor licenses: (1) Blue Room, 201 Main Street, Class C liquor - renewal. (2) Chapala 2, 1704 West 1st Street, Class C liquor - renewal. (3) Peppers Grill & Sports Pub, 620 East 18th Street, Class C liquor - renewal. (4) Casey's General Store, 601 Main Street, Class E liquor - renewal. (5) Fareway Store, 214 North Magnolia Drive, Class E liquor - renewal. (6) Casey's General Store, 2425 Center Street, Class C beer & Class B native wine - adding Class B wine. (7) Casey's General Store, 5226 University Avenue, Class C beer & Class B native wine - adding Class B wine. (8) Casey's General Store, 5908 Nordic Drive, Class C beer & Class B native wine - adding Class B wine.   No concerns.
  2. Resolution Calendar: (The following items will be acted upon by roll call vote on a single motion without separate discussion, unless someone from the Council or public requests that a specific item be considered separately.) .  
  a. Resolution levying a final assessment for costs incurred by the City to mow property located at 1028 West 12th Street. If property owners don't mow their yards to comply with the city's ordinances, the city uses a contractor to do it at $95 per hour.  If the owner doesn't pay, this kind of resolution allows the city to recoup the cost via property tax assessment.  No concerns.
  b. Resolution levying a final assessment for costs incurred by the City to mow property located at 424 Balboa Avenue. Same as above. 
  c. Resolution levying a final assessment for costs incurred by the City to mow and clear overgrown vegetation on the property located at 933 West 13th Street. Same as above.
  d. Resolution approving and authorizing execution of an Agreement with Wantman Group, Inc. (WGI) to perform parking consulting services relative to a Downtown Parking Study. The council is being asked to approve a $48.5K agreement with a consulting company for the downtown parking study, which would start mid-October and be complete in January.   This is an important follow-on to the work completed by the volunteer Downtown Parking Task Force in 2015.  No concerns.
  e. Resolution approving and authorizing execution of an Amendment to SIRE Technologies Maintenance Agreement with Hyland Software, Inc. relative to the City's agenda management software. Since we're ending the use of the obsolete SIRE system for our agenda management, this allows us to switch to paying them quarterly instead of annually (since we don't want to pay for a year if only using them for a few months more).   No concerns. 
  f. Resolution approving and authorizing placement of a Gold Star Family monument in Veterans Memorial Park, subject to funding by private donations, as recommended by the Parks & Recreation Commission. No concerns about the proposal.  Will be very interested to see the proposed designs and the planned location within the Veteran's Park.  Will be paid for with private funds.
  g. Resolution approving and authorizing execution of a 28E Agreement for Tobacco, Alternative Nicotine and Vapor Product Enforcement with the Iowa Alcoholic Beverages Division. Allows for compliance checks at state expense.   No concerns.
  h. Resolution approving and authorizing execution of a Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation with U.S. Homeland Security relative to the Federal Emergency Management Agency (FEMA) accreditation of the levee. This will provide FEMA with detailed information about the integrity of our new levee system, and is expected to be complete by November 2020. We'll need this for our overall flood risk designation.  No concerns.
  i. Resolution approving and accepting completion of public improvements in The Arbors Third Addition. Council is being asked to acknowledge that all infrastructure is complete.  No concerns.
  j. Resolution approving and authorizing execution of four Owner Purchase Agreements, and approving and accepting four Owner's Temporary Grading Easements and two Public Utility Easements, in conjunction with the West 1st Street Reconstruction Project. This resolution commits the city and property owners along 1st Street to some agreements in order to carry out this major street reconstruction project. No concerns about these agreements.
  k. Resolution approving and authorizing Change Order No. 2 to the contract with Iowa Bridge & Culvert, LC for the 2017 Levee/Floodwall System Improvements Project. Approves $345K of Iowa Flood Management Program grant funds to add to the funding for the new downtown levee.   Funds are necessary due to unforeseen costs.
  l. Resolution approving and authorizing execution of an Owner Purchase Agreement, and approving and accepting a Partial Release of Real Estate Mortgage and Permanent Utility Easement, in conjunction with the 2017 Levee/Floodwall System Improvements Project. Pays about $2K to a property owner along Bluff Street to snip off a corner of their property to city ownership, for some utilities related to the levee rebuild in that area.  No concerns. 
  m. Resolution approving and accepting completion of traffic signal improvements in the Heritage Hills Estates Second Addition. . The city and the Heritage Hills developer50/50 split the $43K cost for new traffic lights at Prairie Parkway and Greenhill.   Now that they're installed, council is asked to agree the project's done so that we can pay the contractor.
  n. Resolution approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system in the West 1st Street & North Union Road public right-of-way. Lets a private company bury some fiber-optic in our city utility right of way for a fee.  No concerns.
  o. Resolution approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system in the Magnolia Drive & Crescent Drive public right-of-way. Same as above. No concerns.
  p. Resolution approving and accepting the low bids, and approving and authorizing execution of three Rehabilitation Contracts with Kirvan Enterprises LLC, relative to Community Development Block Grant (CDBG) housing rehabilitation projects. Allows Kirvan to improve three houses with CDBG funds (money provided by the Federal Government for this purpose).  
  q. Resolution approving a Central Business District Overlay Zoning District site plan for a deck addition at 419 Washington Street. Allows Cottonwood Canyon "The House" to build a larger deck out to nearly the sidewalk line for outside dining.  This fits in well with the city's overall effort to visually extend 'downtown' westward.   No concerns.
  r. Resolution approving and authorizing execution of a Memorandum of Understanding with the City of Waterloo relative to Iowa Northland Regional Council of Governments (INRCOG) preparation of the City's FY20-24 Five-Year Consolidated Action Plan for the Community Development Block Grant & HOME Programs. Provides cost-sharing with Waterloo for the development of our low/moderate income housing plan through INRCOG.  No concerns.
  s. Resolution approving and authorizing execution of a Professional Service Agreement with the Iowa Northland Regional Council of Governments (INRCOG) relative to preparation of the Five-Year Consolidated Plan and Analysis of Impediments to Fair Housing for FFY 19-23 (City FY20-24). Following on to the above, this actually commits the city to contract with INRCOG to develop the housing plan.  No concerns.
  t. Resolution of support for a grant application to the Black Hawk County Gaming Association relative to the Downtown Streetscape Project. Allows the city to move forward with a grant request for $1.2M to help with the costs of the Details of the District initiative.  No concerns.
  3. Pass an ordinance amending Chapter 6, Animals, of the Code of Ordinances relative to keeping of chickens and ducks, upon its first consideration. This is the first reading of the proposed Backyard Chickens and Ducks ordinance.   I've been doing lots of research into the hens side of thing, but have less research into ducks.   Promises to be a discussion with lots of questions to answer.
H. Allow Bills and Payroll. No concerns.
I. City Council Referrals. No referrals.
J. City Council Updates. No updates.
K. Executive Session to discuss Property Acquisition per Iowa Code Section 21.5(1)(j) to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property or reduce the price the governmental body would receive for that property, following Public Forum.  
L. Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)  
M. Adjournment.  
Council Packet Link
Meeting Date
09/30/18