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Home >> Annotated Agendas >> Annotated Agenda for 3/19/2018

Annotated Agenda for 3/19/2018

Major items up for consideration include the approval of a new six-story Hampton Inn at the corner of 1st and Main (Item E-3 below), and the giving of city property in the Southern Cedar Falls Industrial Park to ACOE, along with TIF incentives (Item E-1 below).   We'll also have hearings on amendments to the Community Development Block Grant program (E-12 below), an update to our electrical code (E-14 below), and selling a piece of Dallas Drive to John Deery Motors. (E-10).   Join us at 7pm on Monday, March 19th at City Hall, or watch on CFU Channel 15.   Plus you can now watch closed-captioned meetings on YouTube a few hours after the meetings wrap up -- look for them in Channel 15's YouTube playlist  (thanks, Channel 15!).  

A. Call to Order by the Mayor.

B. Roll Call.

C. Approval of Minutes of the Regular Meeting of March 5, 2018. This motion simply enters the minutes into the official record, as an accurate representation of what transpired at that meeting, rather than to discuss the merits of the topics discussed.

D. Agenda Revisions.

E. Special Order of Business:

1. Public hearing on a proposed Agreement for Private Development and conveyance of certain city-owned real estate to ACOH, L.L.C.  ACOE is seeking to buld a facility on Development Drive in the Southern Cedar Falls Industrial Park to house two businesses; this proposal includes the granting of TIF incentives in the Unified TIF District.

a. Receive and file proof of publication of notice of hearing. (Notice published March 9, 2018)   Just verifies that this hearing was publicized via the media.

b. Written objections filed with the City Clerk.    Any letters or e-mails to support or oppose this item are noted.

c. Oral comments.  The public has an opportunity to provide opposition, support, or general concerns for this item.

2.  Resolution approving and authorizing execution of an Agreement for Private Development and a Minimum Assessment Agreement with ACOH, L.L.C., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to ACOH, L.L.C.  I am interested in learning more about the TIF implications of this project.

3.  Resolution approving a Central Business District Overlay Zoning District site plan for construction of a new hotel at 10 Main Street. 
This is to approve the construction of a new six story Hampton Inn at the northwest corner of 1st and Main Street downtown.  This is a major project which would significant implications for the economy, dynamics and aesthetics of downtown Cedar Falls.  You can view the Planning & Zoning Commission's short hearing on this project on YouTube.

4.  Public hearing on a proposed vacation of utility easements on Lots 2 & 4 in Auditor’s Mill Company Plat.  Utilities are buried near the Little Red Schoolhouse, and these will have to be moved in order to facilitate any construction on that plot of land.

a. Receive and file proof of publication of notice of hearing. (Notice published March 9, 2018)    Just verifies that this hearing was publicized via the media.

b. Written objections filed with the City Clerk.  Any letters or e-mails to support or oppose this item are noted.

c.  Oral comments.  The public has an opportunity to provide opposition, support, or general concerns for this item.

5.  Resolution approving and authorizing vacation of utility easements on Lots 2 & 4 in Auditor’s Mill Company Plat. (Contingent upon approval of Item E-3)  This is the actual approval of allowing utilities to be moved.

6.  Resolution approving and authorizing execution of a developmental procedures agreement with Hawkeye Hotels, Inc. relative to property located at the northwest corner of West 1st Street and Main Street. (Contingent upon approval of Item E-3) If  Hampton Inn is approved, then this follow-on would permit them to move the recreational trail slightly and also rebuild the driveway into that property so that it aligns with Washington Street.

7.  Resolution approving and authorizing execution of a Maintenance and Repair Agreement with Hawkeye Hotels, Inc. relative to a post-construction stormwater management plan for 10 Main Street. (Contingent upon approval of Item E-3)   If Hampton Inn is approved, then this resolution approves an agreement between the city and the property owner for inspections and management of stormwater, in accordance with city ordinances.

8.  Public hearing on a proposed vacation and dedication of utility easements on Lots 32 and 33 of Pinnacle Prairie Business Center North.
This relocates an easement (an agreement to allow the use of land) for utilities on private properties.  It basically moves the 10' strip of utility easement to the east, along the new edge of the property for the new Fareway in Pinnacle Prairie.

a. Receive and file proof of publication of notice of hearing. (Notice published March 9, 2018)   Just verifies that this hearing was publicized via the media.

b. Written objections filed with the City Clerk.  Any letters or e-mails to support or oppose this item are noted.

c. Oral comments. The public has an opportunity to provide opposition, support, or general concerns for this item.

9. Resolution approving and authorizing vacation and dedication of utility easements on Lots 32 and 33 of Pinnacle Prairie Business Center North.

10. Public hearing on a proposed vacation and conveyance of a portion of Dallas Drive right-of-way to John G. Investments, Inc.
John Deery Motors would potentially receive ownership of Dallas Drive between University Avenue and Idaho Drive for $19,275;  the city would retain an easment there for utilities.  It would be turned into a driveway for John Deery Motors. 

a. Receive and file proof of publication of notice of hearing. (Notice published March 9, 2018)  Just verifies that this hearing was publicized via the media.

b. Written objections filed with the City Clerk.   Any letters or e-mails to support or oppose this item are noted.

c. Oral comments. The public has an opportunity to provide opposition, support, or general concerns for this item.

11. Pass an ordinance vacating a portion of Dallas Drive right-of-way, upon its first consideration.  This is the first of three readings required to pass the ordinance that transfers Dallas Drive.  If it fails to gain a majority vote at any of the three readings, then the ordinance would not pass.

12. Public hearing on proposed amendments to the FY18-19 Annual Consolidated Plan and FY15-19 Consolidated Plan for the Community Development Block Grant and Home Programs.   The above link is a 90 page document which goes into extensive detail about the city's plans and guidelines to expend the $232K+ in federal funds from the Community Development Block Grant (CDBG).  You can learn more about the overall program through the Wikipedia article.   There's a LOT to digest in the 90 page doc; I'll do my best before Monday night's meeting. 

a. Receive and file proof of publication of notice of hearing. (Notice published March 9, 2018)  Just verifies that this hearing was publicized via the media.

b. Written objections filed with the City Clerk.   Any letters or e-mails to support or oppose this item are noted.

c. Oral comments. The public has an opportunity to provide opposition, support, or general concerns for this item.

13. Resolution approving amendments to the FY18-19 Annual Consolidated Plan and FY15-19 Consolidated Plan for the Community Development Block Grant and Home Programs.  I don't know enough about the CDBG program yet to to have specific concerns, but a few knowlegable folks have already sent me some of their concerns and impressions of the program.  If you have some input about it, feel free to send it my way at rgreencf@gmail.com

14. Public hearing on the proposed adoption by reference of the 2017 Edition of the National Electrical Code and certain amendments thereto. I believe this simply updates our city's electrical code for buildings to the national standards for 2017;  I'll confirm this before Monday night's meeting. 

a. Receive and file proof of publication of notice of hearing. (Notice published March 9, 2018)  Just verifies that this hearing was publicized via the media.

b. Written objections filed with the City Clerk.   Any letters or e-mails to support or oppose this item are noted.

c. Oral comments.  The public has an opportunity to provide opposition, support, or general concerns for this item.

15. Pass an ordinance amending Chapter 7, Buildings and Building Regulations, of the Code of Ordinances relative to the adoption by reference of the 2017 Edition of the National Electrical Code and certain amendments thereto, upon its first consideration. No concerns at this time.

16. Hearing on a proposed resolution adopting and levying the final schedule of assessments for the 2017 Sidewalk Assessment Project, Zone 8. We reviewed the list of property owners who would be charged for having their sidewalks rebuilt;  the owners had the opportunity to the work themselves, but did not do so.

a. Oral comments. The public has an opportunity to provide opposition, support, or general concerns for this item.

17. Resolution adopting and levying the final schedule of assessments for the 2017 Sidewalk Assessment Project, Zone 8.  No concerns at this time.

F. Old Business: 

1. Pass Ordinance #2918, amending Chapter 6, Animals, of the Code of Ordinances relative to butchering and disposal of dead animals, upon its second consideration. This is the second of three votes needed to create this city ordinance.  I voted to approve the ordinance last time around.

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 resignation of Craig Schwerdtfeger as a member of the Board of Adjustment.   No concerns at this time;  I commend Mr. Schwerdtfeger for providing his judgement and experience to this critical decisionmaking body over the years.  

b. Receive and file the Committee of the Whole minutes of March 5, 2018 relative to the following items: This motion simply enters the minutes into the official record, as an accurate representation of what transpired at that meeting, rather than to to discuss the merits of the topics discussed in that meeting.

(1) Cedar River Project.  (watch via this YouTube link)

(2) Golf Privatization Update.  (watch via this YouTube link)

(3) Bills & Payroll.

c. Approve and adopt action taken at the Committee of the Whole meeting of March 5, 2018 relative to the Cedar River Project. At that meeting, the council approved a motion to move forward with the staff-recommended Next Steps, which were:

  • Endorsement from City Council
  • Proceed with final design (in FY19 - June 2018)
  • Project outreach in 2018-2019 (service groups, etc)
  • Private fundraising in 2018-2019
  • Seek grants for the project (FY20)
  • CIP anticipates city project funding in FY22)  -- Adjust to fund final design earlier and obtain permits

d. Endorse the recommendations of the Library Board of Trustees, the Art & Culture Board and the Parks & Recreation Commission regarding use of the Berg and Ray Funds held by the Cedar Falls Community Foundation for the benefit of the Cedar Falls Public Library, the Hearst Center and the Recreation Center.   No concerns; many of these items have already been discussed as part of the Capital Improvement Projects plans over the past few months.  

e. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Equipment Mechanic.  No concerns.

f.  Receive and file the bids received for the 2018 Sanitary Sewer Rehabilitation Project.  No concerns.

g. Approve a request for street closures for the Shamrock Shuffle on April 14, 2018.  No concerns.

h. Approve and authorize execution of an Order Accepting Acknowledgment/Settlement Agreement relative to a Second Tobacco Violation regarding Casey’s General Store, 2425 Center Street. No concerns.

i. Approve the application of Hansen's Dairy, 123 East 18th Street, for a cigarette/tobacco/nicotine/vapor permit. No concerns.

j. Approve the following applications for beer permits and liquor licenses: No concerns.

(1) Barn Happy, 11310 University Avenue, Class B native wine - renewal.

(2) Mary Lou's Bar & Grill, 2719 Center Street, Class C liquor - renewal.

(3) Social House, 2208 College Street, Class C liquor & outdoor service - renewal.

(4) Cedar Basin Jazz Festival & Live to 9, Sturgis Park, Special Class B beer & outdoor service - 6-month permit.

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 deleting the pay for an employee in the position of PT-Administrative Clerk in the Financial Services Division. No concerns.

b. Resolution deleting the pay for an employee in the position of Administrative Clerk in the Public Records Division. No concerns.

c. Resolution deleting the pay for an employee in the position of PT-Assistant Equipment Mechanic in the Public Works & Parks Division. No concerns.

d. Resolution deleting the pay for an employee in the position of Equipment Operator in the Public Works & Parks Division. No concerns.

e. Resolution deleting the pay for an employee in the position of PT-Transfer Station Laborer in the Public Works & Parks Division. No concerns.

f. Resolution establishing the pay for a new employee hired in the position of Planning & Community Services Manager in Community Development. No concerns; Karen Howard apparently started in this position March 12th, so I'll need to understand why we're approving this after the fact (just curious).

g. Resolution approving and accepting the permanent transfers of $3,400,000.00 from the Municipal Electric and Gas Utilities to the General Fund of the City of Cedar Falls, and $30,000.00 from the Municipal Electric and Gas Utilities to the Economic Development Fund of the City of Cedar Falls. CFU transfers surplus funds to the City of Cedar Falls, which goes to our General Fund and Economic Development Fund.   I'm curious, then -- if there's a surplus, then why wouldn't utility bills just be lower?  I'll ask.

h. Resolution levying a final assessment for costs incurred by the City to mow and clear vegetation on the property located at 922 Douglas Street.   No concerns at this time.

i.  Resolution approving and authorizing execution of an agreement with Waterloo-Cedar Falls Umpires Association relative to the provisions of umpiring services for the 2018 season. No concerns.

j.  Resolution approving and accepting the low bid of Municipal Pipe Tool Company, LLC, in the amount of $233,469.40, for the 2018 Sanitary Sewer Rehabilitation Project. No concerns; this one is related to G. 1. f above.

k. Resolution approving and authorizing execution of a Professional Service Agreement with Robinson Engineering Company relative to the Castle Hill and Hartman Subwatershed Assessment Project. This is for a contractor to conduct a required watershed assessment for $56,360 (not to exceed).  No concerns.

l. Resolution approving and authorizing execution of a PIC Clean Up Agreement with Tenmast Software relative to the Housing Choice Voucher (Section 8) Program. This approves the city expediture of $850 to have Tenmast software do some data entry and cleanup work on our Section 8 housing database.   No concerns.

m. Resolution approving and authorizing execution of a Contract for Completion of Improvements with Jensen Carpentry, Inc. relative to construction of a driveway at 1522 Belle Avenue. No concerns.

n. Resolution approving a Central Business District Overlay Zoning District site plan for relocation of a building from the corner of 1st and Main Street to the southeastern corner of Lot 1 of River Place 1st Addition. I didn't realize that the Chamber building currently at 1st and Main is modular and could be moved....this will be interesting to watch.  No concerns. 

o. Resolution setting April 2, 2018 as the date of public hearing on proposed amendments to Chapter 29, Zoning, of the Code of Ordinances relative to removal of familial terminology to be in conformance with the Code of Iowa. This just gives the date for the hearing; no concerns about the date.

p. Resolution setting April 2, 2018 as the date of public hearing on the proposed sale of Lot 5, West Viking Road Industrial Park, Phase II to Midwest Development Co. and Skogman Homes, and to consider entering into a proposed Real Estate Purchase Agreement with Midwest Development Co. and Skogman Homes. This just gives the date for the hearing; no concerns about the date.

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
03/19/18