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Annotated Agenda for 1/20/2020

The big-ticket item on Monday's night's docket is the appointment process for the vacant at-large council seat.  Twelve candidates are being considered for this appointment.  Along with that, we'll be discussing approval of our five-year Capital Improvements Program (CIP) as Item #2 and #3, several development agreements, ordinance readings, lawn care levies, and a new sculpture in from of City Hall to honor the late Mayor Jon Crews (item #23).  

We'll also receive and file a proclamation honoring Monday as the Dr. Martin Luther King, Jr. Day of Service, and before going into the special order of business, I'll have some housekeeping from the last meeting to talk about.  

At 5pm, we'll have a work session regarding the College Hill Visioning Plan, and the public is invited to watch those deliberations in the Duke Young conference room.  This is a big deal - this process over the next few months will shape zoning laws in the College Hill neighborhood for decades to come.

At 5:50 we'll have a presentation on the role of the Iowa Northland Regional Council of Governments (INRCOG), a pavement management discussion, and an update on the Washington Street reconstruction.

I hope you can join us Monday night for any or all of these meetings at City Hall...or tune in on Channel 15 or live on YouTube.   And catch my podcast recap of the proceedings Tuesday morning.   Hope to see you there!


Call to Order by the Mayor

Roll Call

Approval of Minutes

1. Regular Meeting of January 6, 2020.  This action simply enters the minutes of the meeting into the record as an accurate reflection of what transpired in the meeting -- not a discussion of the merits of the items in the minutes.

Agenda Revisions

Special Order of Business

2. Public hearing on the proposed FY2020-FY2025 Capital Improvements Program (CIP).  216 separate items appear in this five-year forecast, along with some additional unmet needs.

The CIP is the guiding document for how the City Council wishes to fund anticipated one-time expenses (as opposed to regular operating expenses).  Some CIP items are in the millions of dollars, while others are just a few hundred. 

A LOT of items appear in here, and I'm eager to see how we can make these items more searchable and discoverable by the public.   This is the public hearing for this item.

a) Receive and file proof of publication of notice of hearing. (Notice published January 8, 2020)

b) Written communications filed with the City Clerk.

c) Oral comments.

3. Resolution approving and adopting the FY2020-FY2025 Capital Improvements Program (CIP). This approves the planning document, although individual items will still have to come before council for approval.  CIP helps, though, for figuring out what kinds of activities will likely be funded in future years. 

4. Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects. This is a  routine administrative document to meet an IRS requirement for issuing bonds. 

5. Public hearing on a proposed Agreement for Private Development with SDC Real Estate, L.L.C.  In this request, Standard Distribution would be granted a series of economic development grants (up to $65.5K) in place of Industrial Partial Property Tax Exemptions from the city; Standard accidentally filed an incorrect form with the county accessor, so this would keep them from being penalized for the error.   My questions are (1) is this a "one for one" fix for this error (meaning, does it basically come from the same pool of money, or is the city taking on a burden beyond our fair share if Standard had filed the correct form?)  and (2) would we offer the same consideration to any other businesses who filed an incorrect form?  I just want to ensure we're not giving one business preferential treatment.  This is the public hearing for this item.

a) Receive and file proof of publication of notice of hearing. (Notice published January 10, 2020)

b) Written communications filed with the City Clerk.

c) Oral comments.

6. Resolution approving and authorizing execution of an Agreement for Private Development with SDC Real Estate, L.L.C. This allows the above action in #5 to take place.

7. Public hearing on a proposed Second Agreement for Private Development with Standard Distribution Co. This appears to be a similar issue to what was described in #5 above, the above was in the Northern Cedar Falls Industrial Park, and this one is for a warehouse addition in the Southern Cedar Falls Industrial Park. This is the public hearing for this item.

a) Receive and file proof of publication of notice of hearing. (Notice published January 10, 2020)

b) Written communications filed with the City Clerk.

c) Oral comments.

8. Resolution approving and authorizing execution of a Second Agreement for Private Development with Standard Distribution Co. Approves the above action.

9. Public hearing on a proposed Amended and Restated Agreement for Private Development with Owen 5, L.L.C.  The company is asking for a change to its agreement, because now it intends to build a $1.2M building in the Northern Cedar Falls Industrial Park, instead of a $450K one. This change would allow the property to qualify for partial property tax exemptions totalling $79K over five years.  This is the public hearing for this item.

a) Receive and file proof of publication of notice of hearing. (Notice published January 10, 2020)

b) Written communications filed with the City Clerk.

c) Oral comments.

10. Resolution approving and authorizing execution of an Amended and Restated Agreement for Private Development and an Amended Minimum Assessment Agreement with Owen 5, L.L.C. Allows #9 to be approved and executed.

Old Business

11. Pass Ordinance #2960, recreating the College Hill Self-Supported Municipal Improvement District (SSMID), upon its third & final consideration. Allows the SSMID to be renewed for the Colllege Hill District. This is the last of three readings; if approved tonight, it becomes law.

12. Pass Ordinance #2961, amending Section 26-118 of the Code of Ordinances by removing property located at 4911 University Avenue from the R-1, Residence District, and placing the same in the C-1, Commercial District, pursuant to provisions of a conditional zoning agreement, upon its second consideration. A property zoning change discussed in the last council session. It will also have to be approved in our next meeting in order to become official.

13. Pass Ordinance #2962, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to establishing parking regulations, in conjunction with the implementation of recommendations from the Downtown and College Hill parking studies, upon its second consideration. This was discussed in our last regular meeting; it implements changes from last year's parking study. It will also have to be approved in our next meeting in order to be added to our ordinances.

New Business

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.)

14. Receive and file a proclamation recognizing January 20, 2020 as Dr. Martin Luther King, Jr. Day of Service.  During my time as Mayor, I intend to publish the proclamations I issue as "receive and file" items in the council packet, for council and public inspection. If someone wishes to pull an item for discussion, they may do so...I don't anticipate that happening often.

15. Receive and file the Committee of the Whole minutes of January 6, 2020 relative to the following items: Simply adds the minutes to the record as an accurate reflection of what transpired at the meeting.

a) Capital Improvements Program (CIP).

b) Conflict of Interest/Ex Parte Communications/Role of Elected Officials.

c) Bus Route Restructuring.

d) Bills & Payrolls.

16. Approve the following applications for liquor licenses:  City Council is the approving authority for all alcohol permits.

a) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special Class C liquor - renewal.

b) Fraternal Order of Eagles, 2125 West Lone Tree Road, Class C liquor & outdoor service - renewal.

c) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C liquor - renewal.

d) Thunder Ridge Ampride, 2425 Whitetail Drive, Class E liquor - renewal.

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.

17. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located at 1616 Belle Avenue. #17 - 22 are levies (forced payments) for property owners who have failed to keep their grass at less than 8 inches as per the city ordinances. As I interpret that code's enforcement, the goal isn't to harass property owners who are a little late in their yard upkeep once or twice, but to address properties that have "let themselves go" and show significant neglect, which negatively impacts the neighborhood. 

For me, that does beg the question of whether it's acceptable -- and practical -- to, say, turn your front yard into a tallgrass prairie rather than an English manicured lawn. I intend to make that part of the discussion as we continue our overhaul of Cedar Falls's zoning ordinances.

18. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located at 234 Clark Drive. Same as #17.

19. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located at 929 Newman Avenue. Same as #17.

20. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located at 2610 Valley Park Drive. Same as #17.

21. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located at 2040 Waterloo Road.  Same as #17.

22. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located in the vicinity of West 1st Street & Whitetail Drive. Same as #17.

23. Resolution approving and authorizing execution of an agreement with Gillian Christy relative to placement of a sculpture at 220 Clay Street, as requested by the Cedar Falls Public Art Committee and the Art & Culture Board. This would place $5K in Public Art Committee board funds and $13K in privately-raised funds toward a sculpture in front of City Hall to honor the late Mayor Jon Crews.  A proposed design of the sculpture is included in the packet.

24. Resolution approving and authorizing execution of three Red House Studio Leases relative to the use of 224 West Seerley Boulevard as artists’ studio space, in conjunction with the Hearst Center’s new Visiting Artist Program. This would allow the city-owned 224 West Seerley property to be used as an artist studio for multiple artists.  The city bought this property as part of plans to expand the Hearst Center and has been unsuccessful in renting it out as a residential property. As a studio, artists are expressly prohibited from sleeping overnight in their studio space.  Other details are included in the packet.

25. Resolution approving the Certificate of Completion and accepting the work of Minturn, Inc. for the 2019 Bridge Maintenance Project. This would allow the contractor to be paid the remainder of the $194K for this project.

26. Resolution setting February 3, 2020 as the date of public hearing on the maximum levy rate. No concerns about the date.  The Iowa Legislature now requires a public hearing to address the highest rate that Council will charge property owners in property taxes each year.

Fill Council Vacancy by Appointment:

(The following candidates are listed alphabetically by last name and will be given one opportunity to address the City Council. The speaking order for the candidates will be randomly selected and each candidate will be given three (3) minutes to speak. This will be the only time the candidates will be allowed to speak to this issue.)

Public comments will follow candidate comments. Each speaker will have one opportunity to speak up to three (3) minutes. Candidates will not be allowed to speak at this time.

27. Appoint one of the following candidates to fill City Council vacancy: After the three minutes of candidate speeches and public comment, any council member may make a motion to appoint any one of the below nominees. The council may then discuss that candidate, and then vote on whether or not to appoint.  Four votes are required to make an appointment.

a) Coil, Joyce

b) Didier, Nate

c) Frein, Thomas

d) Hagarty, Thomas P.

e) Popp, Penelope (Penny)

f) Rider, Sr., Paul Edward

g) Saul, LeaAnn

h) Sharp, Rick

i) Sims, Susan

j) Smith, Whitney J.

k) Taiber, Nick

l) Thulstrup, Neils Jorgen

Allow Bills and Payroll

28. Allow Bills and Payroll of January 20, 2020. No questions at this time.

City Council Referrals

City Council Updates

Executive Session

29. 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.

Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.) 

Adjournment

Council Packet Link
Meeting Date
01/20/20