Happy New Year, neighbors! The first meeting of the year will on TUESDAY night (not Monday) since the 2nd is an observed holiday. At the meeting, the council will vote on approval for the annual Capital Improvements Program (Item #2), and an addition to our industrial park (Items #4 and 5). The council will also consider an override to a recent veto (Items #6 and 7). The other major item is the approval of the Council's annual Goals, Work Plan, and Short Term Financial Plan (Item #17). I stress this every year -- anyone interested in local civics should know what's in this document; anyone considering running for council REALLY ought to know what's in this document.
Prior to the meeting, at 5:50, I'll lead an informal (though still public!) work session with the council to discuss their desires for how policy documents will be approved going forward. Some policies don't need council approval, while others do. So this is just a conversation (no votes) to see what the council's preferences are for policy approvals. Not exactly exciting stuff, but still important for the transparent, accountable, and efficient functioning of government. At 6:10, the standing committees will meet to discuss (1) the Annual Report of the Library and (2) Racial Equity Task Force items that have been implemented by the Public Safety Department.
I hope you can join us in person, online on YouTube, or watching on Channel 15. And thanks, as always, for doing the hard work to be an informed and engaged resident!
Call to Order by the Mayor
Roll Call
Pledge of Allegiance
Approval of Minutes
1. Regular meeting of December 19, 2022.
Agenda Revisions
Special Presentations
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics relevant to City business.)
Staff Updates
Special Order of Business
2. Public hearing on the proposed FY2023-FY2028 Capital Improvements Program (CIP). The CIP is the city's annual budgetary planning guide. It is used to determine which initiatives will come forward for final City Council for final approval during Fiscal Year 2024 (July 1, 2023 to June 30, 2024). It also lists other tentatively planned major projects for the following four years.
a) Receive and file proof of publication of notice of hearing. (Notice published December 21, 2022)
b) Written communication filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving and adopting the FY2023-FY2028 Capital Improvements Program (CIP).
3. 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 document is required by the state, in order to submit bonds for approval.
4. Public hearing on a proposed Southwest Cedar Falls Urban Renewal Plan for a proposed urban renewal area. The "urban renewal" descriptor is a misnomer; the economic development purpose of purchasing and redeveloping farmland into industrial purposes has served the city well for two decades; this new area is simply an expansion to the west of the current model.
a) Receive and file proof of publication of notice of hearing. (Notice published December 22, 2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution determining an area of the City to be an economic development area, and that the rehabilitation, conservation, redevelopment or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for urban renewal projects; and adopting the Southwest Cedar Falls Urban Renewal Plan.
5. Resolution approving and authorizing execution of an Offer to Buy Real Estate and Acceptance for real estate located at 6512 West Ridgeway Avenue relative to expansion of the West Viking Road Industrial Park. (contingent upon approval of previous item) This property purchase is the reason for the expansion request in Item #4. The property is a natural extension of the existing West Viking Industrial Park.
Old Business
6. Repass, over Mayor’s veto, Ordinance #3021, amending Section 18-23(5), Powers and duties of the Planning and Zoning Commission, of the Code of Ordinances relative to removing 2/3 majority vote required by City Council to approve amendments to the City's comprehensive plan that are disapproved by the Planning and Zoning Commission. (Requires five aye votes to override Mayor’s veto) The council voted 4-3 to approve changes to the city code. These changes would diminish the authority of the Planning and Zoning Commission by requiring only four council members to override a commission's recommendation, rather than the current five. I believe this change request is very short-sided, and if the council overrides my veto, I am concerned that it will have lasting negative consequences on Cedar Falls's ability to attract and retain productive real estate developers.
7. Repass, over Mayor’s veto, Ordinance #3022, amending Chapter 26, Zoning, of the Code of Ordinances relative to removing the 2/3 majority vote required by City Council to approve zoning amendments that are disapproved by the Planning and Zoning Commission. (Requires five aye votes to override Mayor’s veto) Same as #6.
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.)
8. Receive and file the report of the Mayor relative to the appointment of Mayor Pro Tem for 2023. Each January, the mayor designates who will be the Mayor Pro Tem for the next calendar year. In 2020 I mentioned wanting to change the person annually to give other council members the opportunity to preside over meetings However, since that time, the Council has re-established the Standing Committees of the council, giving more council members the change to preside over committee meetings. That said, I am very comfortable and confident with Councilor Harding, who has done an outstanding job as Acting Mayor several times over the past two years. I am happy for this reason to keep the same setup for the coming year.
9. Receive and file the report of the Mayor relative to the appointment of Standing Committees for 2023. I did not change any committee chair assignments this year; my intent going forward would be for these assignments to last the entire mayor term of two years, unless a member specifically requests a change as the chair.
10. Receive and file Disclosures of Potential Conflicts of Interest for elected officials. This is the first time that the Council's and my Potential Conflicts of Interest Disclosure form has been formally received and filed; I informed the council that this would be shared this year, and I'm disappointed that one member has continued to refuse to disclose potential conflicts of interest. This is a basic function of ethics, and the public has a right to know.
11. Receive and file the City Council Goal Setting Report of November 15 & 17, 2022. Thanks to Aimee Wineland-Vinieard for her excellent facilitation of our Goal Setting; this is the summary of what we discussed over those two days.
12. Receive and file the City Council Standing Committee minutes of December 19, 2022 relative to the following items: These simply add to the official record what was discussed at those meetings; it is not a time to debate the merits of the items themselves.
a) Capital Improvements Program (CIP).
b) Format of FY2024 City Council Goals, Work Program and Short-Term Financial Plan document.
13. Receive and file CFD 1123: Mayor Policy - Council Meeting Security and Good Order. I've turned my informal protocol for handling council meeting disruptions into an official policy, for the sake of public & council transparency. In the past, the mayor has been put in the difficult position of having to remove a disruptive member of the public; having a script that the Sergeant at Arms and I follow in such a case will (hopefully!) ensure that this kind of disruption is handled quickly, humanely, and decisively without a creating a public spectacle.
14. Receive and file CFD 1129: Mayor Policy - Administrator Performance Evaluation. This new policy provides structure and predictability to the evaluation process for the City Administrator. I created this process at the end of 2022, and will be using it for the first time in the coming three months. Supervising and evaluating the City Administrator is one of the Mayor's most important functions; it reinforces the principle that the Mayor and the Administrator aren't co-partners in governing the city. The Administrator works directly for the Mayor, and takes his cues from the City Council via meeting resolutions, ordinances, motions, and other actions. It's a good system, and thanks to our updated Code of Ordinances for our two position descriptions, Mr. Gaines and I have a terrific working relationship. Evaluations help to ensure that!
15. Receive and file the resignation of Don Timmerman as a member of the Housing Commission. Thanks so much to Don Timmerman for his service on the Housing Commission!
16. Receive and file Departmental Monthly Reports of November 2022. These reports can help any resident better understand how the city's governmental processes work.
17. Approve the following applications for retail alcohol licenses: The City Council is the approving authority for all alcohol permits and liquor licenses.
a) Huhot Mongolian Grill, 6301 University Avenue, Special Class C retail alcohol - renewal.
b) Hy-Vee Market Grille, 6301 University Avenue, Class C retail alcohol – change in ownership.
c) Hy-Vee Food Store, 6301 University Avenue, Class E retail alcohol – change in ownership.
d) AmericInn by Wyndham, 5818 Nordic Drive, Class B retail alcohol – new.
e) Holiday Inn Express & Suites, 1614 Technology Parkway, Class B retail alcohol – new.
f) Second State Brewing, 203 State Street, Class C retail alcohol & outdoor service – new.
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.)
18. Resolution Calendar with items considered separately.
19. Resolution approving and adopting the FY2024 City Council Goals, Work Program and Short-Term Financial Plan. This is the big show, the whole enchilada. This 20+ page document is the blueprint for how city government will function in the next fiscal year. It's probably the most important single document that the City Council, staff, and I work on each year. I've spent more hours than I can count over the past five years, studying and editing the document to make it as usable and refer-able as possible. If you haven't read it yet, I highly recommend doing so!
20. Resolution approving and authorizing execution of a Services Agreement with Cope Murphy + Co. LLP relative to providing lobbyist services relative to legislative action. The council contracts with a registered lobbyist to attach the City of Cedar Falls's position on various legislation. Recently, some residents were upset that the city "hired a lobbyist" to oppose some legislation those residents wanted. Approval of this contract would be the council's assent that it wants to continue with this approach. Cope Murphy + Co. has been very helpful in understanding how the statehouse works, and how to best engage with our legislators. I plan to spend more time in Des Moines doing some direct lobbying in behalf of Cedar Falls, but having some lobbyists-in-residence helps greatly. I did request that we change from three-year contracts to two-year contracts, just so that the term matches the two-year legislative sessions.
21. Resolution approving and adopting amendments to Personnel Policy 307: Overtime, for the City of Cedar Falls. This ends the practice of allowing "government days" to help account for the pay of fire division public safey supervisors. Now they will simply recieve shift pay.
22. Resolution levying a final assessment for costs incurred by the City to mow the property located at 316 East 10th Street. The city uses a contractor to mow properties which are in violation of the city's nuisance ordinances, after several warnings. The cost is then assessed to the property taxes.
23. Resolution levying a final assessment for costs incurred by the City to mow the property located at 323 West 2nd Street. Same as #22.
24. Resolution levying a final assessment for costs incurred by the City to mow the property located at 829 Lilac Lane. Same as #22.
25. Resolution approving and authorizing execution of an Agreement for the Use of State or Local Overtime and Authorized Expense/Strategic Initiative Program for Organized Crime Drug Enforcement Task Force (OCDETF) for FY2023, Case #WC-IAN-139. This a grant for $1500 that can help pay our officers for overtime on drug related investigations.
26. Resolution approving and authorizing execution of an Agreement for the Use of State or Local Overtime and Authorized Expense/Strategic Initiative Program for Organized Crime Drug Enforcement Task Force (OCDETF) for FY2023, Case #WC-IAN-136. This is the same as #25, for a different operation.
27. Resolution approving and authorizing execution of a Travel Iowa Data Co-op Agreement with the Iowa Economic Development Authority (IEDA) relative to access to statewide and localized visitation data. This would provide $2500 for a contract to obtain data related to tourism. A data-driven government is an effective government!
28. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with Cedar Falls Community School District (CFCSD) relative to a post-construction stormwater management plan for the 70-acre site along West 27th Street. This is a standard agreement for new constructions, to ensure that stormwater can safely exit the premises in a controlled manner.
29. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with Covenant Medical Center relative to a post-construction stormwater management plan for 226 Bluebell Road. Same as #28.
30. Resolution approving and authorizing execution of an Owner Purchase Agreement; and approving and accepting one Temporary Construction Easement, in conjunction with the Main Street Reconstruction Project. This provides $875 for a temporary easement for this project.
31. Resolution approving and accepting two Warranty Deeds, in conjunction with the Main Street Reconstruction Project. This allows the city to move ahead with the purchase of two properties as part of the construction of two roundabouts along Main Street.
32. Resolution approving a C-1, Commercial Zoning District site plan for construction of a tri-plex to be located on Lot 4, Hannah Park Commercial Addition. This residental project is in the C-1 district, so requires a site plan review to ensure the use is appropriate. I have no concerns about this project.
33. Resolution setting January 17, 2023 as the date of public hearing on the proposed rezoning to R-4, Multiple Unit Residential, and associated zoning agreement for property located on Greenhill Circle, Midway Business Park. No concerns about the hearing date.
34. Resolution setting January 17, 2023 as the date of public hearing on the proposed rezoning from R-4, Multiple Unit Residential, to R-1, One & Two Unit Residential, for Lots 1-4, Midway Second Addition. No concerns about the hearing date.
Allow Bills and Claims
35. Allow Bills and Claims for January 3, 2023. The council is the approving authority for all bills and claims presented to the city since the last council meeting.
Council Updates and Announcements
Council Referrals
Executive Session
36. Executive Session to discuss Legal Matters per Iowa Code Section 21.5(1)(c) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.
Adjournment
| Council Packet Link | |
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| Meeting Date | 01/03/23 |
