The March 4, 2019 meeting has some potentially contentious items on it, including the second reading of a major ordinance change to College Hill (Item #4) and the approval for a preliminary plat in Greenhill Village (Item #18). I've posted comments for both.
Before the City Council meeting, we'll have a work session on city event insurance and adding electric bikes to the bike ordinance at 4:55. And then we'll have a Committee of the Whole meeting at 6:10 to interview a new candidate for the P&Z Commission (Leslie Prideaux) and get a briefing on the Municipal Operations and Programs (MOP) work plan for this year. Then the regular council meeting starts at 7pm in council chambers. Join us in person or on your screen via Channel 15 and YouTube.
Call to Order by the Mayor
Roll Call
Approval of Minutes
1. Regular meeting of February 18, 2019. This simply enters into the official record the minutes as an accurate reflection of actions of that meeting. No concerns.
Agenda Revisions
Special Order of Business
2. Public hearing on a proposal to undertake a public improvement project for the Ridgeway Avenue Reconstruction Project and to authorize acquisition of private property for said project. No concerns about the hearing.
a) Receive and file proof of publication of notice of hearing. (Notice published February 8, 2019)
b) Written communications filed with the City Clerk.
c) Oral comments.
3. Resolution approving a public improvement for the Ridgeway Avenue Reconstruction Project and authorizing acquisition of private property for said project. This project would install a second roundabout in West Ridgeway to accommodate the new Farm Fleet property on the southwest corner of 58 and Ridgeway. No concerns.
Old Business
4. Pass Ordinance #2936, amending Chapter 29, Zoning, of the Code of Ordinances relative to the College Hill Neighborhood Overlay Zoning District, upon its second consideration.
This was first discussed at our last council meeting, February 18th; Council had a lot of discussion about this item at the meeting. As you can read in that meeting's annotated agenda (it's Item #8), I believe that the proposed ordinance is important because it clarifies the city code and promotes higher density development in our 'second downtown' -- College Hill.
That said, I regret not voting in favor of tabling the motion in that meeting. With the new information about the timing of the College Hill Parking study and the disagreements about the appropriate number of parking spaces per unit, I now believe City Council should have put off the vote until after June 30th, when the College Hill Parking Study consultant expects to release the study's preliminary findings.
My concerns about moving forward with this ordinance are:
(1) Limited Window of Advantage. If we approve this ordinance, we'll enable a prominent developer to seek approval for the five-story building project (2119 College Street) with parking minimums advantageous to this project. Council members have stated an expectation to need to change the ordinance in 4-5 months after the preliminary findings of the College Hill Parking Study are released. We'd likely only see one site plan come forward in the C-3 zone in these next few months and Council would effectively be creating a limited window of financial advantage for one developer, at the expense of others.
(2) Special Provisions for Existing Properties Beyond Legal Non-Conforming Use. We already "grandfather in" any structures and uses which were previously legal at the time an ordinance is adopted (i.e. legal non-conforming use). The addition in question is here:
29-160 (e) 1. e (Page 18 in the council packet): "For mixed-use buildings constructed prior to January 1, 2019, parking is not required for existing dwelling units. In addition, for mixed-use and commercial buildings constructed prior to January 1, 2019, parking is not required for upper floor space that is converted to residential use."
This addition to the proposed ordinance appears to try to reverse-legalize structures and uses which may have been non-legal non-conforming uses in the first place. The text wasn't brought up as a concern during the 2/18 meeting discussion, but I don't see why we should grant special exemptions and considerations in this ordinance beyond basic legal non-conforming use.
(3) Wisdom (and Patience) to Obtain Critical Data. The College Hill Parking Study is now underway. One of its provisions is:
"We will perform a parking impact analysis for the proposed five-story mixed-use project that has been proposed in the College Hill district. This parking impact analysis will attempt to determine anticipated parking demand generated by the proposed project, and to compare the anticipated demand against observed parking occupies in the project impact area." (from the consultant's proposal in the 2/27 council meeting packet).
We're spending $44K of public money to commission this study which will look at the parking needs for this five-story building; it just doesn't make sense to me to now approve an ordinance which could potentially allow this building's site plan to be approved with parking that won't meet the requirements that Council determines is necessary, based on the consultant's input. I realize "time is money", but I believe that prudent decision-making requires us to incorporate the insights of the parking study into our ordinance, rather than rely on our own intuition of what we assume the findings will reveal. There's no opportunity for a 'do-over' if we get this wrong.
(4) The General Idea of "Interim Ordinances". When this new ordinance was being drafted and considered, I'd heard it called a 'band-aid' until a larger zoning re-vamp could be enacted (Council has budgeted for this in the coming few years). I'm OK with making a long-lasting surgical, targeted change to the zoning ordinances of one geographic district if necessary (since doing the same thing city-wide would be a much more involved process). But in the 2/18 council meeting, it was suggested that we could approve the College Hill ordinances now, and then revisit it in a few months and change it again based on the parking data. From a doctrinal standpoint, I don't support the idea of short-term 'interim ordinances', and can't think of a situation where I'd vote for one (maybe there IS one...I don't know).
Overall Thoughts on the Approval Process: Cedar Falls code requires that Council approve a proposed ordinance three times in consecutive meetings before it's actually adopted. Despite already having some reservations about a "yes" vote on the first reading (2/18), I appreciated that I had two more opportunities to advocate for a 'no' vote if I was so inclined. On 2/18, I didn't factor into my decisionmaking that the College Hill Parking Study could get underway so quickly (Council enacted it in the 2/27 special meeting), and also I didn't appreciate the ramifications of this being considered by some council members as an "interim ordinance" (and the limited window of opportunity that this opens).
Given the above, I believe the prudent course of action is to wait to have a vote on this ordinance (with any necessary amendments based on the Parking Study results) AFTER Council receives the findings of the College Hill Parking Study at the end of June, not before. I'll also note that, since ordinances must be approved in three consecutive readings, there is, unfortunately, no option to just 'table' this (i.e. freeze it) during the second consideration on March 4th....we'd have to start with the first reading again later on.
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.)
5. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: One of the mayor's core functions is to select residents to serve on the city's boards and commissions, with City Council consent. No concerns.
a) Mark Miller, Board of Adjustment, term ending 03/31/2024.
b) Gerald Sorensen, Board of Adjustment, term ending 03/31/2024.
6. Receive and file the Committee of the Whole minutes of February 18, 2019 relative to the following items: This resolution officially adds the minutes to the city record as an accurate reflection of what transpired at the meeting. No concerns.
a) Board of Adjustment Interview - Mark Miller.
b) Board of Adjustment Interview - Gerald Sorensen.
c) Downtown Parking Study.
d) Bills & Payroll.
7. Receive and file Departmental Monthly Reports of January 2019. I'm always impressed by the amount of work that goes into running a city and enjoy reading these reports. No concerns.
8. Approve a request for a street closure for the Panther Caravan on May 22, 2019. This would shut down vehicular traffic on the 100 block of Main Street on a Wednesday evening for a UNI event. No concerns.
9. Approve and authorize execution of an Order Accepting Acknowledgment/Settlement Agreement with Suds relative to a first tobacco violation at 2223 1/2 College Street. City Council is the approving authority for all tobacco violation settlements. No concerns.
10. Approve the following applications for beer permits and liquor licenses: City Council is the approving authority for all alcohol sales permits. No concerns.
a) Pheasant Ridge Golf Course, 3205 West 12th Street, Class B beer & outdoor service - renewal.
b) Happy's Wine & Spirits, 5925 University Avenue, Class E liquor - renewal.
c) Hillstreet News & Tobacco, 2217 College Street, 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.)
11. Resolution approving and authorizing execution of Amendment #2 to the National Insurance Services Trust Joinder Agreement for Long Term Disability Insurance with National Insurance Services Trust. This allows the maximum covered city salary to be increased from $150K to $200K. No concerns about the resolution.
12. Resolution approving and authorizing execution of a Subscription Renewal Agreement with Emergency Services Marketing Corp., Inc. relative to IamResponding callback software. This would commit $800 in taxpayer funds to a one-year subscription to an app & service which alerts Firefighters and PSO's for emergency callback. We currently use this service already. No concerns.
13. Resolution approving and authorizing the expenditure of funds for the purchase and installation of cameras and lighting in the College Hill area. This would commit $245K towards improved visibility and recording of College Hill, particularly at night. Having done a few ride-alongs on third shift with the CFPD from 10pm - 2am on the Hill, I appreciate that it's a "whole different scene" at night from what most residents experience there during the day. I don't see this captured in the Capital Improvement Plan that council just approved, so I'll ask about the funding sources. Also, doing the math, I'm seeing in the memo (page 126) a request for cameras ($84K) CFU lighting & wiring ($109K) and IT support ($28K) which would only get us to $221K, rather than $245K....I'll find out from staff what the additional $24K is for.
14. Resolution approving and authorizing execution of a lease agreement with Black Hawk County Solid Waste Management Commission relative to the use of certain city-owned property located at 1500 Bluff Street by the WasteTrac environmental education team. This allows the WasteTrac team (a county service) to lease city office space for $250/mo). I'll ask how we determine the rate we charge non-municipal government agencies to lease city property.
15. Resolution approving and authorizing the expenditure of funds for the purchase of a hydro/jet vacuum sewer cleaning apparatus. This would commit $393K to purchase of specialized sewer servicing vehicle. No concerns about the acquisition, but I don't see it listed in the CIP. I'll ask staff where it is so that I can learn more about this item and what funding mechanisms will be paying for it.
16. Resolution approving and authorizing execution of an Owner Purchase Agreement, and receiving and filing two Reports of Compensation Commissioners and Notices of Appraisement Damages and Time for Appeal, in conjunction with the West 1st Street Reconstruction Project. (Page 139-255 in the council packet). This resolution includes $215K to purchase the Midwest Contractors property on the southwest corner of 1st and Walnut, and the condemnation hearings for right-of-way access for the soon-to-be-widened Highway 57. This is my first experience with condemnation documentation...the legal paperwork and activity required to achieve a condemnation astound me, but I'm glad this extensive process exists to preserve the rights of property owners. No concerns.
17. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 821 Olive Street relative to the Rental to Single Family Owner Conversion Incentive Program. This would provide a $10K forgivable loan from the city for improvements. No concerns.
18. Resolution approving the preliminary plat of Greenhill Village Townhomes II. (Council Packet pages 270-3730) As this appears to be a quasi-judicial action (where Council is being asked to favor one private party over another), I have to be careful how I engage on the topic here. I'll just note what is in the council packet. This resolution would allow Panther Farms LLC to proceed with the design of two buildings consisting of nine three-story townhouses directly south of the giant white "UNI" water tower (south of Greenhill Road). This would be the first phase in a larger notional plan to construct five additional buildings in that location, with twenty-five units (for a final total of seven buildings and thirty-four units). On March 28, 2018, the Planning and Zoning Commission recommended to City Council that this part of the Greenhill Village Master Plan (previously envisioned as 'single family homes') be changed to allow for the construction of townhouses (which are taller, medium-density joined structures). City Council approved this change on April 18, 2018. In the current council packet, 40+ nearby homeowning residents provided sworn statements they never received notification about the potential change in the Master Plan back in March 2018. In this meeting, we are considering the preliminary plat for that location. City Council is also the only body which can approve changes to the Master Plan; it has been noted in the packet that the City Council has the option to do so if it desires. That sums up what's in the packet (as I understand it). I don't believe that I can note any concerns or additional comments without appearing to favor one side or the other. I'll bring up any concerns at the 3/4 City Council meeting.
19. Resolution approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement for Grant Administration and Technical Services for Housing Projects with Iowa Northland Regional Council of Governments (INRCOG) relative to Community Development Block Grant (CDBG) Entitlement Funding. No concerns; I've received high compliments from stakeholders about INRCOG's handling of CDBG administration for the city.
20. Resolution setting March 18, 2019 as the date of public hearing to consider adoption of the City's Code of Ordinances. No concerns about the hearing date.
21. Resolution setting March 18, 2019 as the date of public hearing on the proposed rezoning from A-1, Agricultural District, to RP, Planned Residence District, of property located at the southeast corner of West 12th Street and Union Road, and also on an associated amendment to the Schematic Land Use Map by changing the designation from Greenways & Floodplain to Greenways & Floodplain and Planned Development. No concerns about the hearing date.
22. Resolution setting March 18, 2019 as the date of public hearing to consider entering into a proposed Amended and Restated Agreement for Private Development with Buckeye Corrugated, Inc. No concerns about the hearing date.
23. Resolution setting March 18, 2019 as the date of public hearing to consider entering into a proposed Agreement for Private Development with Martin Realty Company II, L.L.C. and payment of certain economic development grants pursuant to said proposed Agreement. No concerns about the hearing date.
Allow Bills and Payroll
24. Allow Bills and Payroll of March 4, 2019. No concerns.
City Council Referrals No referrals.
City Council Updates No updates.
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)
Adjournment
| Council Packet Link | |
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| Meeting Date | 03/04/19 |
