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Home >> Annotated Agendas >> Annotated Agenda for 4/15/2019

Annotated Agenda for 4/15/2019

In Monday night's council meeting at 7pm, our major new items include the site plan approval for the two new buildings that are being proposed for placement in the Wells Fargo footprint downtown (#26) as well as a property transfer in the industrial parks (#2), rezoning of land in at Union and 12th (#4) and the proposed changes to the College Hill Zoning Ordinances (second reading, #5).    

At 6:05, we'll also have a Committee of the Whole meeting to learn about Small Cell Siting, which is a requirement from the FCC to allow wireless providers to put cell facilities in the right of way (Items 29 and 30 below are related to that).    Hope you can join us in person at City Hall, in TV-Land on channel 15, or streaming online on YouTube. 


Call to Order by the Mayor


Roll Call


Approval of Minutes

1. Regular Meeting of April 1, 2019. Simply enters the minutes into the official record as an accurate reflection of what transpired at the meeting.  No concerns.


Agenda Revisions


Special Order of Business

2. Public hearing on a proposed Agreement for Private Development and conveyance of certain city-owned real estate to Zuidberg NA, L.L.C.  This is the public's opportunity to comment on the proposed transfer of city-owned property to Zuidberg NA.

a) Receive and file proof of publication of notice of hearing. (Notice published April 5, 2019)

b) Written communications filed with the City Clerk.

c) Oral comments.

3. Resolution approving and authorizing execution of an Agreement for Private Development and a Minimum Assessment Agreement with Zuidberg NA, L.L.C., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to Zuidberg NA, L.L.C.  This would transfer a city owned property in the West Viking Industrial Park (worth about $200K) to Zuidberg, and to allow a partial property tax exemption for five years. After that five years, Zuidberg would be paying the full estimated $99K annually as property tax.  No concerns.


Old Business

4. Pass Ordinance #2938, amending Section 26-118 (formerly 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 third & final consideration.  We've discussed this in previous council meetings. No concerns.

5. Pass Ordinance #2939, amending Chapter 26, Zoning, of the Code of Ordinances relative to the College Hill Neighborhood (CHN) Overlay Zoning District, upon its second consideration.  I have the same concerns as before about this proposed zoning ordinance for College Hill.


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.)

6. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions:   Both of these Board of Rental Housing Appeals (BORHA) are being re-appointed.  No concerns.

a) MaryJane McCollum, Board of Rental Housing Appeals, term ending 05/01/2023.

b) Bruce Wingert, Board of Rental Housing Appeals, term ending 05/01/2023. 

7. Receive and file the Committee of the Whole minutes of April 1, 2019 relative to the following items:   Simply enters the minutes into the official record as an accurate reflection of what transpired at the meeting.  No concerns..

a) Sustainability.

b) Bills & Payroll.

8. Receive, file and adopt the City Council Work Session minutes of April 1, 2019.   Simply enters the minutes into the official record as an accurate reflection of what transpired at the meeting.  No concerns..

9. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Public Safety Officer.   Certified lists are the results of testing to rank the most qualified applicants. I have no concerns about the process used here.

10. Approve a request by Winnebago Boy Scouts of America for a permit to operate a Daisy BB Gun Range at Pheasant Ridge Golf Course, 3205 West 12th Street, on May 23, 2019.   No concerns.

11. Approve the following special event related requests:    No concerns about these requested street closures and parking variances.

a) Street closures, Shamrock Shuffle, April 27, 2019.

b) Street closures, UNI Triathlon, April 28, 2019.

c) Parking variance, Washington Street (Annual Friends of MercyOne Cedar Falls May Breakfast), May 14, 2019.

d) Street closures, Iowa Shrine Bowl Parade, July 20, 2019.

e) Street closures, College Hill Farmers Market, June 6, July 11, August 1, September 5 & October 3, 2019.

12. Approve the following applications for beer permits and liquor licenses:   City Council is the approval authority for all alcohol/liquor-related issues. No concerns.

a) Hy-Vee Clubroom, 6301 University Avenue, Special Class C liquor - renewal.

b) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore's Pub), 5307 Caraway Lane, Class C liquor, Class B wine & outdoor service - renewal.

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

d) The Horny Toad American Bar & Grille, 204 Main Street, Class C liquor - renewal.

e) ZSAVOOZ, 206 Brandilynn Boulevard, Class C liquor & outdoor service - renewal.

f) CVS/Pharmacy, 2302 West 1st Street, Class E liquor - renewal.

g) Prime Mart, 2728 Center 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.

13. Resolution approving and authorizing execution of a Marco Relationship Agreement with Marco Technologies, LLC relative to a new phone system.   This resolution would pay Marco (a St. Paul vendor) $141.6K over five years to install and maintain a new city government phone system, to replace an obsolete system.  The second bid, from Cedar Falls-based Advanced Systems was only 3.1% higher ($146.5K), with comparable quality scores from staff (106 vs. 209).   We have a policy in place to prefer the local vendor when the price is equal, but I believe it should be allowable within a 4 or 5% window.   Why wouldn't we want to keep as much taxpayer money in the local economy as possible?   This is worth a longer discussion in Committee of the Whole. 

14. Resolution approving and authorizing execution of a lease relative to property vacated by the 2008 flood buyout programs.   Allows city-owned flood buyout property to be leased for $1.  A common occurrence, no concerns.

15. Resolution approving and authorizing execution of a contract with Laser Line Striping relative to 2019 pavement marking services.  This would pay Laser Line $41.4K to mark all the roadways shown on page 137. No concerns.

16. Resolution approving and authorizing the expenditure of funds for the purchase of a wheel loader.  The city is asking City Council to accept the bid that's higher (by $12K) due to the interchangeability of parts with the city's other John Deere equipment.   Also, the city says the city-owned plow apparatus isn't compatible with the Case wheel loader, but the dealer says otherwise.  This is worth some clarification.

17. Resolution approving and authorizing execution of four Owner Purchase Agreements, and approving and accepting two Permanent Drainage Easements and two Temporary Construction Easements, in conjunction with the Walnut Street Box Culvert Project.   Would expend about $7800 to purchase or gain access to parts of private property in order to build a new "mini bridge" on Walnut Street at the dry run creek.  No concerns.

18. Resolution approving and authorizing execution of two Owner Purchase Agreements, in conjunction with the Ridgeway Avenue Reconstruction Project - Chancellor Drive to Nordic Drive.   This would purchase parts of private property at $26K in order build out the upgraded Ridgeway Avenue just west of Hwy 58 as part of the new Fleet Farm shopping area.

19. Resolution receiving and filing the bids, and approving and accepting the low bid of Benton's Sand & Gravel, Inc., in the amount of $202,362.40, for the 2019 Permeable Alley Project.   This would put the cost of each of the four permeable alleys at $50.5K...quite a bit less than the $80K price tag discussed in previous years.  I brought up my concerns in the last council session about the lack of metrics for whether these upgraded alleys (which look like this) are really worth the expense.

20. Resolution approving and authorizing execution of a Developmental Procedures Agreement with BJW Holdings, LLC relative to storm sewer oversizing for Park Ridge Estates Subdivision.   This is related to the new subdivision being proposed just north of Lakeshore Drive. Proper drainage has been a big concern of residents of the homes along Lilliput and Lakeshore Drive.  This appears to be a step in alleviating these issues.   The city would spend $27K to help the developer purchase a larger stormwater drainpipe, to serve the needs of both the new development and the existing homes. 

21. Resolution approving and authorizing execution of a Professional Service Agreement with Snyder & Associates, Inc. relative to the Cedar Heights Drive Reconstruction Project.   This would pay Snyder $425K for design work for a reconstructed Cedar Heights Drive from the Viking roundabout northward to Greenhill Road.  This would include constructing a roundabout at Cedar Heights and Greenhill Road.   In the Greenhill Road Corridor Study approval process earlier this year, I noted that the "adoption" of the study would be tanamount to approval of all the proposed roundabouts.   That's the case here.   The public should have an opportunity to discuss this, because once Snyder puts forward the significant effort and cost to design the roundabout, the horse will have already left the barn.

22. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 1026 West 8th Street relative to the Rental to Single Family Owner Conversion Incentive Program.   This would give the owner a $10K forgivable loan to improve the exterior of their property. No concerns.

23. Resolution approving and authorizing submission of a Certified Local Government National Register Nomination of the Cedar Falls Wild Historic District, as recommended by the Historic Preservation Commission.   This is a very lengthy document describing the history and rationale of requesting National Register of Historic Places designation for these properties on West First Street. No concerns.

24. Resolution approving a College Hill Neighborhood Overlay Zoning District site plan for façade improvements at 2020 College Street.   Signage approval for Oh My Grill, which would be in the same spot as where $5 Pizza operated.  No concern

25. Resolution approving a College Hill Neighborhood Overlay Zoning District site plan for façade improvements at 2125 College Street.   Signage approval for BUZZ a smoke and vapor shop in the new Great Wall building. No concerns about the design.  PSA: Smoking and vaping are both addictive and bad for your health

26. Resolution approving a Central Business District Overlay Zoning District site plan for a commercial/residential mixed-use redevelopment at 302 Main Street and 123 East 3rd Street/305 State Street, as recommended by the Planning & Zoning Commission.   This these two major buildings, placed in the footprint of the old Wells Fargo building downtown, would be a significant change to that area.   I'm still working through the documents, so will bring up concerns and questions at the Council Meeting as necessary.

27. Resolution approving and authorizing execution of a Service Agreement with Farmers State Bank relative to drawdowns of Community Development Block Grant (CDBG) funds.   An administrative action to keep us in compliance with U.S. Housing and Urban Development (HUD)requirements.  No concerns.

28. Resolution approving and authorizing reimbursements and cancellation of one assessment relative to the 2018 Sidewalk Assessment Project, Zone 9, in conjunction with the 2019 Street Construction Project.    City Council is being asked to approve $10K in taxpayer funds to remburse several property owners along Cedar Heights Drive near Rainbow, since their sidewalks will have to be ripped up as part of reconstruction project.  I'm interested to know if this might have been anticipated, and if so, what we can do going forward to avoid this kind of payment.

29. Resolution approving and adopting Small Cell Design Guidelines for the City of Cedar Falls.   Here's something I know almost nothing about, and was very interested in reading this. The idea is that the Federal Communications Commission (FCC) is mandating that cities allow small cell towers to be positioned in their cities, as part of the move to enable 5G wireless in communities.   The city has created guidelines to ensure that these towers aren't obtrusive or an eyesore.  City Staff is recommending guidelines rather than an ordinance, and I'll ask what's the difference in the eyes of the law.

30. Resolution approving and adopting a Small Wireless Facility Fee Schedule.   These would be the costs for wireless providers to put apply for putting up new Small Cell structures discussed in #29. No concerns.

31. Resolution receiving and filing, and setting May 6, 2019 as the date of public hearing on, the proposed plans, specifications, form of contract & estimate of cost for the 100 Block Alley Reconstruction Project.   No concerns about the date.

32. Resolution receiving and filing, and setting May 6, 2019 as the date of public hearing on, the proposed plans, specifications, form of contract & estimate of cost for the Walnut Street Box Culvert Replacement - University Branch of Dry Run Creek Project.  No concerns about the date.

33. Resolution receiving and filing, and setting May 6, 2019 as the date of public hearing on, the proposed plans, specifications, form of contract & estimate of cost for the Ridgeway Avenue Reconstruction Project - Chancellor Drive to Nordic Drive.   No concerns about the date.

34. Resolution setting May 6, 2019 as the date of public hearing on amendments to the City's FY19 Budget.   No concerns about the date.


Allow Bills and Payroll

35. Allow Bills and Payroll of April 15, 2019.   No concerns.


City Council Referrals   No referrals.


City Council Updates   No updates.


Executive Session   

36. 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.


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
04/15/19