The big items for Monday night are #2, #3 and #4, which pertain to zoning changes that the council sent to the P&Z commission for consideration. Because P&Z did not agree with the proposed changes, the Council would need at least 5 votes to make them happen anyway. It's a higher threshold than the usual 'simple majority' for most decisions that come before council. These kinds of zoning changes have a considerable impact on the city's future development, as well as direct costs to developers. For these reasons, I'm glad that such changes require a council supermajority for approval, if the P&Z recommends denial. This balance of power lessens the risk of continually shifting zoning rules every two years if just one council member changes.
Prior to the regular council meeting, at 5:40 the standing committees will review snow removal practices.
I hope you can join us in-person, online on YouTube livestream, or watching on Channel 15. Thanks as always for working 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 March 6, 2023.
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 proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to Planning & Zoning Commission review of site plans in the Downtown Character District (CD-DT). This vote is to determine if the Planning & Zoning Commission will reinsert themselves into the business of approving individual site plans. When adopting the new zoning ordinance for Downtown, a key feature of the approval was to simplify the approval process for developers by setting clear boundaries in the code, and allowing the Zoning Administrator to approve plans based on that clear criteria. There is no right or wrong answer here, only tradeoffs. I believe that the P&Z Commission's and Council's best use of time is to focus attention on ensuring that the Zoning Ordinances are adequate to (1) provide clear guidance to developers and (2) meet public expectations for development in certain areas of Cedar Falls. Council approval of site plans adds needless time, risk, and cost for developers, and past approval requirements, I believe, are partly why development has been largely stagnant on College Hill. Certainly, P&Z and Council should be very engaged in setting the zoning rules -- but then experienced, professional staff should be entrusted to carry it out, and be held accountable for any improper decisions. I have greater confidence in a proper determination from a cit official (with an opportunity for appeal to the Board of Adjustment) than I do placing these kinds of one-off decisions in the hands of a potentially aribtrary political elected body.
a) Receive and file proof of publication of notice of hearing. (Notice published 03/10/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to establishing procedures for Planning & Zoning Commission review of site plans in the Downtown Character District (CD-DT), upon its first consideration. (5 aye votes required due to denial by the Planning & Zoning Commission)
3. Public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to eliminating the shared parking requirement in the Downtown Charter District (CD-DT). This also is not a moral question, but a tradeoff. The idea of the new CD-DT ordinance was to more creatively solve parking challenges for future developments. This proposed change would simply return it "back the way it was" before the new ordinance took effect. I would like to see the new ordinance given a chance to demonstrate its value before casting it aside. The P&Z voted 7 to 1 to recommend the denial of the ordinance change.
a) Receive and file proof of publication of notice of hearing. (Notice published 03/10/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to eliminating the shared parking requirement in the Downtown Charter District (CD-DT), upon its first consideration. (5 aye votes required due to denial by the Planning & Zoning Commission)
4. Public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to increasing residential parking requirements in the Downtown Charter District (CD-DT) to one parking space per bedroom. Similar to Item #3 above. This would increase the parking requirement for NEW mixed-use and multi-unit residential buildings in the downtown district from 0.75 parking spaces per bedroom (rounded up), to 1 space per bedroom. The P&Z voted 7 to 1 to recommend the denial of the ordinance change. Again, I believe that the new ordinance should be given a chance to work before moving forward with changing it back to "the way things were".
a) Receive and file proof of publication of notice of hearing. (Notice published 03/10/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to increasing residential parking requirements in the Downtown Charter District (CD-DT) to one parking space per bedroom, upon its first consideration. (5 aye votes required due to denial by the Planning & Zoning Commission)
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.)
5. Receive and file the City Council Standing Committee minutes of March 6, 2023 relative to the following items:
a) FY2024 Budget.
b) Economic Development Incentives.
6. Approve a proclamation recognizing March 20, 2023 as Robotics week.
7. Receive and file a communication from the Civil Service Commission relative to the certified list for the position of Assistant Equipment Mechanic in the Public Works Department. The certified list shows the final qualified applicants, who will be offered the position in the order listed on the form.
8. Approve an Order Accepting Acknowledgment/Settlement Agreement with The Music Station, a/k/a Mini Mart, 1420 West 1st Street, for a first tobacco violation. The $300 civil penalty is being assessed to Music Station for allowing tobacco to be sold to an underage person.
9. Approve the following applications for retail alcohol licenses: The city council is the approving authority for all alcohol permits.
a) Barn Happy, 11310 University Avenue, Special Class B retail native wine - renewal.
b) Chilitos Mexican Bar and Grill, 1704 West 1st Street, Class C retail alcohol - renewal.
c) Social House, 2208 College Street, Class C retail alcohol & outdoor service - renewal.
d) Prime Mart, 2728 Center Street, Class E retail alcohol – renewal.
e) The Wine Shop, 305 Main Street, Special Class C retail alcohol – adding outdoor service.
f) Godfather's Pizza, 1621 West 1st Street, Special Class C retail alcohol - new.
g) Hurling Hatchet, 100 East 2nd Street, Special Class C retail alcohol - 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.)
10. Resolution Calendar with items considered separately.
11. Resolution authorizing the Mayor’s appointment and two designated alternates to the Black Hawk County Metropolitan Area Transportation Organization (MPO) Policy Board. ThisThe MPO is now requiring me to appoint two elected alternates to attend and vote if I can't be there and so for simplicity's sake I'm appointing our Public Works Standing Committee chair (Gil Schultz) and the Mayor Pro Tem (Simon Harding).
12. Resolution approving payment, and approving and accepting Release and Settlement Agreements with respect to the City’s issuance on August 31, 2022, of General Obligation Capital Loan Notes, Series 2022, maturing annually on June 1, 2024 through June 1, 2035, and authorizing and directing the Mayor and City Clerk to execute said Release and Settlement Agreements on behalf of the City, as follows: This is a very unusual situation that, as I understand it, was not of the city's making. CFU has agreed to reimburse the city the $86K being paid out here, as it was an error caused by a sale of bonds by a group that CFU is a part of. I don't pretend to have a total understanding of the intricacies of this issue, but what matters is that the city will not be negatively impacted by this.
a) Investor “A” Maturity 2029 & 2030: $19,029.55
b) Investor “B” Maturity 2031 & 2032: $22,470.25
c) Investor “C” Maturity 2033 & 2034: $22,342.10
d) Investor “D” Maturity 2035: $22,497.75
13. Resolution approving and authorizing execution of an Agreement for Public Services with Cedar Valley Youth Soccer Association relative to providing opportunities for youth soccer. Approval would provide CVYSA with $10K for annual operations. The city has provided this funding in the past, but previously under a "Community Betterment Grant" that the city has done away with. I have advocated for these kinds of annual formal agreements to provide outside agencies with greater certainty of future funding availability, rather than just one-time grants.
14. Resolution approving and authorizing execution of a Contract for demo and discovery with Peters Construction Corp. relative to the Pheasant Ridge Golf Course Pro Shop. This $3K project would determine how much water damage the pro shop has, so that a repair estimate can be created.
15. Resolution approving a Mixed Use (MU) Zoning District site plan for a triplex to be located on Lot 1, Pinnacle Ridge First Addition. This is for a new triplex just off Oster Parkway, being proposed by LGC.
16. Resolution approving the final plat of West Viking Road Industrial Park Phase VI. The city is requesting that the Council approve this lot in the industrial park, for future sale.
17. Resolution approving and accepting a Temporary Construction Easement, in conjunction with the North Cedar Heights Area Reconstruction Project. This is necessary for work being planned on the roads of Cedar Heights.
18. Resolution approving and authorizing execution of a Change of Work Order to the Contract with Peterson Contractors, Inc. relative to West Viking Road Industrial Park Project Phase VI. This $535K project would complete the watermain, storm sewer, and other requiremements for the Project in Item #16.
19. Resolution receiving and filing bids, and approving and accepting the bid of Municipal Pipe Tool Company LLC, in the amount of $253,025.25, being the lowest bid received for the 2023 Sanitary Sewer Rehabilitation Project. This approval will allow the contractor to repair sewer lines.
20. Resolution receiving and filing the bids, and approving and accepting the bid of Peterson Contractors, Inc., in the amount of $2,664,055.20, being the lowest bid received for the 2023 Street Construction Project. This $2.6M in street construction funds would allow the contractor to move forward with the previously approved project.
21. Resolution setting April 3, 2023 as the date of public hearing on the maximum levy rate. This simply sets the date for the hearing.
22. Resolution setting April 3, 2023 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to adaptive reuse of defunct institutional buildings. This simply sets the date for the hearing.
Allow Bills and Claims
23. Allow Bills and Claims for March 20, 2023.
Council Updates and Announcements
Council Referrals
Executive Session
24. Executive Session for the annual discussion of the City Administrator’s performance pursuant to Iowa Code Section 21.5(1)(i) and City Code Section 2-217. I recently completed the Administrator's annual evaluation, and will be discussing it with the Council in executive session.
Adjournment
| Council Packet Link | |
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| Meeting Date | 03/20/23 |
