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Annotated Agenda for 4/1/2019

In this week's council meeting, new items on the agenda are the approval of three new permeable alleys in the downtown neighborhoods (#2 and 3), to approve the revised College Hill Zoning Ordinances that we'd sent back to P&Z for some retooling a few weeks back (Item 4).  Plus a few other items which I've annotated below.  At the end (#31), I've requested that council consider changing our fireworks ban to a limited 3 day window around July 4th to match Waterloo's new law.  Since it's a referral, we wouldn't be voting to change the ban on this night -- only deciding whether Council's even willing to send to committee to discuss. 

At 5pm, we'll have a work session for council members to discuss our priorities for the Downtown Visioning project (the public is welcome to observe our discussion) and then at 6pm we'll be discussing sustainability initiatives for a half hour or so before our regular council meeting starts at 7pm.  Hope you can join us in person at City Hall, on Channel 15, or live streaming on YouTube!


Call to Order by the Mayor

Roll Call

Approval of Minutes

1. Regular Meeting of March 18, 2019.  No concerns.

Agenda Revisions

Special Order of Business

2. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2019 Permeable Alley Project. hThis hearing is the public's opportunity to comment on the planned expenditure of about $250K in taxpayer funds on the new alleys in the downtown neighborhoods, to improve stormwater runoff quality. 

a) Receive and file proof of publication of notice of hearing. (Notice published March 22, 2019)

b) Written communications filed with the City Clerk.

c) Oral comments.

3. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the 2019 Permeable Alley Project. I will ask for an update on the measurements we're using to determine that this remediation is having the desired effect in previously constructed permeable alley areas.

4. Public hearing on proposed amendments to Section 26-181, CHN, College Hill Neighborhood Overlay Zoning District, of Chapter 26, Zoning, of the Code of Ordinances relative to certain provisions in the College Hill Neighborhood Overlay Zoning District. NThis is the public's opportunity to weigh in on the latest version of the College Hill Zoning Ordinance changes.

a) Receive and file proof of publication of notice of hearing. (Notice published March 22, 2019)

b) Written communications filed with the City Clerk.

c) Oral comments.

5. Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to the College Hill Neighborhood (CHN) Overlay Zoning District, upon its first consideration. The concerns that I expressed the first time around -- the "window of opportunity" for one development to be approved prior to the release of the College Hill Parking Study, and the back-legalization of one existing non-conforming property -- still exist.

Old Business

6. Pass Ordinance #2937, adopting the Code of Ordinances for the City of Cedar Falls, upon its second consideration, or

a) Suspend the rules requiring ordinances to be considered at three separate meeting (requires at least six aye votes), and

b) Pass the ordinance upon its third & final consideration. It's unusual to suspend the rules to allow for ordinance changes, but as I understand it from my study of the code, the changes are administrative / clarifying in nature, and don't represent a significant change in city direction on any topic.  For this reason, I have no concerns about suspending the rules and approving the changes two weeks sooner.

7. Pass Ordinance #2938, amending Section 29-107 of the Code of Ordinances by removing property located at the southeast corner of West 12th Street and Union Road from the A-1, Agricultural District, and placing the same in the RP, Planned Residence District, upon its second consideration. Our last meeting contained significant discussion about this change in zoning;  I have not received any new information which would give me pause toward approving this change to our zoning map.

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.)

8. Receive and file the resignation of Jayme Renfro as a member of the Art & Culture Board. No concerns.

9. Receive and file the Committee of the Whole minutes of March 18, 2019 relative to the following items: This simply enters the minutes into the official records an accurate reflection of what transpired at the meeting.  No concerns.

a) Pavement Management.

b) Bills & Payroll.

10. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: The Civil Service Commission is responsible for ensuring fair hiring practices.  No concerns about these certified lists.

a) Arborist.

b) Equipment Operator.

11. Receive and file Departmental Monthly Reports of February 2019. No concerns; the reports are always a fascinating look at city operations; I probably don't need to pore over them as closely as I do, but I'm always interested in what the departments are doing on our behalf.

12. 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. This outlines how the city would like the CFCF to administer the Berg and Ray funds (both investment risk and actual expenditures) for 2019. No concerns.

13. Approve the request for a temporary sign on West 1st Street between the Rapp Gas Station and the Little Red School House for the Make-A-Wish Walk on April 24-27, 2019. This would allow The Giant Cow to be placed on city property for a short time.  No concerns.

14. Approve a request for street closures for the Downtown Show and Shine, May 5, 2019. No concerns about the closure for this annual event.  I'll ask which organization is covering the $25 barricade fee for road closure, as I understand we require for all road closures.

15. Approve the following applications for liquor licenses:  The City Council is the approving authority for all alcohol permitting in Cedar Falls.  No concerns about the requests, but I thought Stuffed Olive had closed to become The Farm Shed.   I'll ask.

a) Lark Brewing, Deringer’s Public Parlor & The Stuffed Olive, 314 Main Street, Class C liquor & outdoor service - sidewalk café.

b) Luxe Nail Bar, 5907 University Avenue, Class C liquor - 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.)

16. Resolution approving and accepting from the Municipal Electric and Gas Utilities the permanent transfers of $3,372,681.00 to the General Fund and $30,000.00 to the Economic Development Fund of the City of Cedar Falls. Again this year, CFU is transferring over $3M to the city as "surplus funds";  I know my monthly utility bill went up over $100 from this time last year, so I'm wondering why I'm paying more, and yet CFU is posting a surplus.  I need a better understanding of how this works, and these 'extra funds' to the city should then go toward property tax relief for residents.

17. Resolution approving and authorizing execution of an Easement Agreement, in conjunction with a sidewalk café at 314 Main Street. Would allow Lark Brewing to operate a sidewalk cafe from April to October this year. No concerns.

18. Resolution approving the Gold Star Family Memorial Monument site plan concept and preliminary cost estimate, as recommended by the Parks & Recreation Commission. NThis would commit about $63K to the landscaping and retaining wall for the monument, with the other $40K to be privately fundraised.  No concerns.

19. Resolution approving and adopting revised Bylaws for the Housing Commission. The bylaw changes appear minor; no concerns.

20. Resolution approving a Claim for Non-Residential Relocation Assistance Reimbursement, in conjunction with the West 1st Street Reconstruction Project. This would pay Papa Johns $9K for "moving expenses". 

21. Resolution approving and accepting a Temporary Easement, in conjunction with the 2017 Levee/Floodwall System Improvements Project. A request to pay River Place $1 for temporary access to a portion of their property downtown. No concerns.

22. Resolution approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system in the Greenhill Road public right-of-way. This would be significant work alongside Greenhill Road.  I'll ask what impact this will have on the plans currently being developed for the proposed intersection changes along Greenhill Road.

23. Resolution approving and authorizing execution of a Professional Service Agreement with Robinson Engineering Company relative to the Ace Place Subwatershed Assessment Project. This would pay a company $56K out of Cedar Falls taxpayer funds to conduct a watershed assessment.  I'll be interested to find out what this assessment entails.

24. Resolution approving and authorizing execution of a Professional Service Agreement with Terracon Consultants, Inc. relative to 2019 Construction Testing Services. Allows Terracon to serve as the city's contracted observer and laboratory tester for city construction projects per the rate schedule shown on page 287.  I don't think this is a "one year" contract, but for all the projects which are part of the "2019 Construction Season" (even if they run into 2020).  I'll ask for some clarification there. No other questions or concerns.

25. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 925 West 15th Street relative to the Rental to Single Family Owner Conversion Incentive Program. This would grant a forgivable loan of $10K to the new owner of 925 W 15th St to cover the cost of new siding, windows and gutters.   This complies with the provisions of the incentive program so I have no concerns.

26. Resolution approving and authorizing execution of an Amended and Restated Developmental Procedures Agreement with James Benda relative to property located in the vicinity of University Avenue and McClain Drive. This request is to allow several properties just east of  McClain & University to be used commercially, instead of requiring the combined properties to be redeveloped only as a restaurant.  I'm interested to know the background on why a restaurant was insisted on back in 2017 when this was last before City Council, and the input of the surrounding property owners.

27. Resolution approving and accepting the low bids, and authorizing execution of two Rehabilitation Contracts with Connerley Construction, Inc. relative to Community Development Block Grant (CDBG) housing rehabilitation projects. This would allow federal CFBG funds to be spent on rehabbing two homes (particularly due to lead paint issues).   No concerns.

28. Resolution approving and authorizing execution of a Service Agreement with Farmers State Bank relative to drawdown of Community Development Block Grant (CDBG) funds. I don't quite understand the nuances of drawdowns yet, but the gist I get is that we have to put some of the CDBG funds into a different temporary account in order to meet HUD guidelines...those 'moved' funds will be spent on home rehabs and other projects this spring, now that the snow has finally abated.  No concerns.

29. Resolution setting April 15, 2019 as the date of public hearing to consider entering into a proposed Agreement for Private Development and to consider conveyance of certain city-owned real estate to Zuidberg NA, L.L.C. No concerns about the timing for this hearing.

Allow Bills and Payroll

30. Allow Bills and Payroll of April 1, 2019. No concerns.

City Council Referrals

31. Refer to the Committee of the Whole a request to amend the consumer fireworks ban to allow a limited-use window. I'm bringing this up for council consideration (page 340 in the packet), since Waterloo has approved a limited window (July 3, 4, and 5 only) for consumer fireworks.  I explain my rationale for this in my Consumer Fireworks Position page on this website.   Note that this wouldn't be to vote on lifting the ban, but instead, we'd be voting on whether or not to even discuss it in a Committee of the Whole meeting in the near future, for possible ban-lifting.

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
Meeting Date
04/01/19