The Kwik Star site plan will be reconsidered as Item F.5. Before that, we'll have a public hearing for changes to the zoning ordinance (E.1) and have our first of three readings for ordinance approval. We'll also consider the sale of city property in the Industrial Park (E-3), and have the final reading of an ordinance regarding the butchering and disposal of dead animals (F-1). Council will also vote to convey part of Dallas Drive to Deery Motors (F.2). My annotations below include links to the applicable portions of past meetings on YouTube. Hope to see you Monday night at 7pm, or follow along on Channel 15 (I'm still hoping for live streaming in the not-too-distant future).
A. Call to Order by the Mayor.
B. Roll Call.
C. Approval of Minutes of the Regular Meeting of March 19, 2018.
This item simply validates that the minutes are an accurate reflection of the meeting and receives the minutes into the city record. This would not be an appropriate time to debate the merits of the items discussed.
D. Agenda Revisions.
E. Special Order of Business:
1. Public hearing on proposed amendments to Chapter 29, Zoning, of the Code of Ordinances relative to removal of familial terminology to be in conformance with the Code of Iowa.
This item, in the packet, runs 428 pages...the main part are the sections crossed out and added in red text. Mostly, the new version changes the word "family" to "unit" and also defines a dwelling unit as "any building, room, or group of adjoining rooms providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation." You can watch the P&Z discussion on this on YouTube (about 4 minutes, no one stepped up for public comment.)
a. Receive and file proof of publication of notice of hearing. (Notice published March 23, 2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
2. Pass an ordinance amending Chapter 29, Zoning, of the Code of Ordinances relative to removal of familial terminology to be in conformance with the Code of Iowa, upon its first consideration. This will require three seperate considerations; a council majority must pass the ordinance for it to move forward for a second and third reading during the next two council sessions.
3. Public hearing on the proposed sale and conveyance of Lot 5, West Viking Road Industrial Park, Phase II to Midwest Development Co. and Skogman Homes and to consider entering into a proposed Real Estate Purchase Agreement with Midwest Development Co. and Skogman Homes. This developer wishes to purchase a city-owned plat in the West Viking Road Industrial Park for $88,013 ($1.50/sf). No tax incentives will be provided by the city for the project.
a. Receive and file proof of publication of notice of hearing. (Notice published March 23, 2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
4. Resolution approving and authorizing execution of a Real Estate Purchase Agreement with Midwest Development Co., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to Midwest Development Co. This resolution is where Council approves or denies the sale of the property.
F. Old Business:
1. Pass Ordinance #2918, amending Chapter 6, Animals, of the Code of Ordinances relative to butchering and disposal of dead animals, upon its third & final consideration. If a council majority votes in favor of this ordinance, then it becomes official. Some questions have been brought up by a resident as to bow-hunting in the city limits for deer herd culling, and the definition of "slaughter". We'll have time to discuss that.
2. Pass Ordinance #2920, vacating a portion of Dallas Drive right-of-way, upon its second consideration, or
Here's some interesting procedure; during the last council meeting, we heard about this project (watch video). No public comment occured, and as the requester is the only affected adjacent property owner, we'll consider suspending the rules and passing the ordinance without waiting for the extra two weeks for a third reading. The property would become part of the Deery property for about $19K, and the city would have a permanent easement on it for utilities, so nothing can be built on it except a driveway.
a. Suspend the rules requiring ordinances to be considered at three separate meetings (requires at least six aye votes), and
b. Pass the ordinance upon its third & final consideration.
3. Resolution approving and authorizing execution of an Agreement for the vacation of Dallas Drive public right of way with John G. Investments, Inc., and approving and authorizing execution of a Quit Claim Deed conveying title to vacated right of way to John G. Investments, Inc. (Contingent upon approval of Item F-2.b.) Tied to the above, this action would have to happen after we approve the ordinance.
4. Pass Ordinance #2921, amending Chapter 7, Buildings and Building Regulations, of the Code of Ordinances relative to the adoption by reference of the 2017 Edition of the National Electrical Code and certain amendments thereto, upon its second consideration. We looked at this item last council session (watch video); this is the second of three required readings.
5. Remove from the table the motion by Wieland and second by Green to reconsider action taken relative to a Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan for construction of a convenience store/gas station and detached carwash on Lots 33 & 34 of Pinnacle Prairie Business Center North. (4515 Coneflower Parkway) . We placed on the table the reconsideration of this project, to give enough time for the public to be notified of the meeting, and also to ensure all council members would be present (Mr. Wieland was out of town during the last council meeting).
a. Resolution approving a Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan for construction of a convenience store/gas station and detached carwash on Lots 33 & 34 of Pinnacle Prairie Business Center North. (4515 Coneflower Parkway) This is the reconsideration of the Kwik Star site plan, which was originally considered and voted down 4 to 3 on February 19th 2018 (Watch video). The Planning and Zoning Board had previously recommended approval at their January 10th meeting.
b. Resolution approving and authorizing execution of a Developmental Procedures Agreement with Greenhill Estates, Inc. relative to public improvements in the vicinity of the Greenhill Road and Coneflower Parkway intersection. (Contingent upon approval of Item F-5.a.) If the Kwik Star site plan is approved, this resolution allows for necessary public improvements as part of the project.
c. Resolution setting April 16, 2018 as the date of public hearing on the proposed vacation and dedication of utility easements on Lots 33 & 34 of Pinnacle Prairie Business Center North. (Contingent upon approval of Item F-5.a.) If the Kwik Star site plan is approved, then this resolution allows utility easements discussion to occur at our next council meeting on April 16th.
G. New Business:
1. 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.)
a. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: The appointee applications are included with the link; the Mayor recommends the appointments, and City Council confirms them.
(1) Jeff Thompson, Board of Mechanical Appeals, term ending 12/31/2021.
(2) Sue Armbrecht, Civil Service Commission, term ending 04/04/2022.
(3) Patrick Phalen, Housing Commission, term ending 12/31/2019.
b. Receive and file the Committee of the Whole minutes of March 19, 2018 relative to the following items: This item simply validates that the minutes are an accurate reflection of the meeting and receives the minutes into the city record. This would not be an appropriate time to debate the merits of the items discussed.
(1) Recognition of Board of Adjustment member Craig Schwerdtfeger.
(2) Water Reclamation Operations overview.
(3) 2018 PW/Parks Work Plan.
(4) Bills & Payroll.
c. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: I would like to find out constitutes the "total combined score".
(1) Fire Battalion Chief.
(2) Fire Captain.
(3) Public Safety Officer.
d. Receive and file Departmental Monthly Reports of February 2018. The monthly reports show the activity of city staff, and are a good way to learn about city operations. I hope we can shift these to being submitted just quarterly, though, to lessen the admin burden on staff to prepare them.
e. Receive and file the plans, specifications, form of contract & estimate of cost for the 2018 Permeable Alley Project. This is for Franklin to Tremont between W 15th and W 16th street. With the cost being estimated at $73K, I need to find out how we're measuring the effectiveness of this runoff reduction effort (how do we know it's worth the cost?) and also the future plans; how many are being proposed overall?
f. Receive and file the plans, specifications, form of contract & estimate of cost for the Campus Street Box Culvert Project. This project, estimated at $356K, would replace a bridge and part of the street on Campus Street.
g. Approve a request by Cedar Falls Utilities for a temporary variance from Section 18-74 of the Code of Ordinances, Prohibited noises generally, to allow painting of water tower to occur on Sundays. This variance would allow for CFU to sandblast and other necessary, potentially noisy actions on the 12th Street water tower for up to two months, between 7am and 5pm. CFU is contracting with an out-of-state contractor, and the contractor is requesting to work seven days a week.
h. Approve a request for a parking variance on Viking Road on April 14, 2018. This would allow cars to park on the north and south shoulders of Viking Road, during the annual Trout Stocking & Children Fishing Derby, due to the limited parking spaces available on site.
i. Approve the following applications for liquor licenses: No questions or concerns.
(1) The Horny Toad American Bar & Grille, 204 Main Street, Class C liquor - renewal.
(2) Buffalo Wild Wings, 6406 University Avenue, Class C liquor & outdoor service - change in ownership.
(3) Mary Lou's Bar & Grill, 2719 Center Street, Class C liquor - temporary outdoor service. (April 28-29, 2018)
(4) College Square Cinema, 6301 University Avenue, Special Class C liquor - new.
(5) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore's Pub), 5307 Caraway Lane, Class C liquor - new.
2. 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.)
a. Resolution approving and adopting a job classification for the position of Accountant in Finance & Business Operations. No questions or concerns.
b. Resolution approving and authorizing execution of a Professional Service Agreement with Dan Corbin, Inc. for quality assurance and control testing of aerial photography and LiDAR deliverables. This contracts with a local company to support the LiDAR aerial mapping project. Phase I makes sense -- spending $1,105 to receive ground control support from Dan Corbin, Inc. for ground marker positioning. But for Phase II, is the $7700 for a quality check a necessary expense? Doesn't the aerial contractor (Kucera International) assure quality data already? What's the value added for this expense to taxpayers? I'll ask.
c. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with L&M Transmission & Towing. This contracts with L&M for city-requested towing services. Both L&M and Rasmussen bid $1.00 per service call for city-paid tows, and would operate under a shared plan.
d. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with The Rasmusson Company. The second part to the above...this contracts with L&M for city-requested towing services. Both L&M and Rasmussen bid $1.00 per service call for city-paid tows, and would operate under a shared plan.
e. Resolution approving and authorizing execution of a First Amendment to Operating Agreement for Pheasant Ridge/Walters Golf Courses and Pro Shop with John J. Bermel. City staff states that the items in Exhibit "J" are not of use to the city after the privatization of the golf course's operations; looking at the list, I see many items that are not specifically geared toward golf courses -- such as arc welders, a battery charger, and a drill press. Shouldn't these be offered at public auction first, rather than favoring one sole potential buyer?
f. Resolution approving and accepting the contract and bond of Municipal Pipe Tool Company, LLC for the 2018 Sanitary Sewer Rehabilitation Project. NFor this year's sewer reconstruction work. No questions or concerns.
g. Resolution approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with Chosen Valley Testing, Inc. for construction services testing relative to a new Public Safety Building. Testing the ground for the new Public Safety Building on south main. One of the most interesting aspects of City Council is learning how much work goes into prepping for a construction project. No questions or concerns.
h. Resolution approving the Certificate of Completion and accepting the work of S.M. Hentges & Sons Inc. for the Dry Run Creek Sanitary Sewer Improvements Project, Phase I. No questions or concerns. I see that this was partially paid for with Unified TIF District money, which I believe was designed to support the development of the Northern and Southern Cedar Falls Industrial Parks. I'd like to know if this project does directly support the Southern Cedar Falls Industrial Park.
i. Resolution approving the Certificate of Completion and accepting the work of Peterson Contractors, Inc. for the Dry Run Creek Watershed Improvement Project, Phase I. No questions or concerns.
j. Resolution approving and authorizing execution of a Maintenance and Repair Agreement with Fareway Stores Inc. relative to a post-construction stormwater management plan for 4500 South Main Street. This stormwater plan for the new Fareway is required by our ordinances; no questions or concerns.
k. Resolution approving and authorizing execution of a Maintenance and Repair Agreement with Sulentic-Fischels relative to a post-construction stormwater management plan for 200 West 1st Street. This stormwater plan for the new construction (called "Arabella") on First Street. This is required by our ordinances; no questions or concerns.
l. Resolution approving the preliminary plat of Western Home Communities Eighth Addition. Western Home Communities is requesting to divide a parcel of land into three separate properties for real estate tax purposes. The P&Z Commission recommended approval on February 28, 2018 (watch video).
m. Resolution approving the final plat of Western Home Communities Eighth Addition. No questions or concerns.
n. Resolution setting April 16, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Permeable Alley Project. This simply sets the hearing date. No questions or concerns.
o. Resolution setting April 16, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Campus Street Box Culvert Project. This simply sets the hearing date. No questions or concerns.
p. Resolution setting April 10, 2018 as the date of consultation and May 7, 2018 as the date of public hearing on a proposed Amendment No. 4 to the Cedar Falls Unified Highway 58 Corridor Urban Renewal Plan. This simply sets the hearing date. No questions or concerns.
q. Resolution determining the necessity, and setting April 10, 2018 as the date of consultation and May 7, 2018 as the date of public hearing, on a proposed plan for the proposed South Cedar Falls Urban Renewal Area. This simply sets the hearing date. No questions or concerns.
H. Allow Bills and Payroll. The daily expenses of the city. No major questions or concerns, but since there's two separate docs to approve, I'm curious about the difference between "Daily Invoices" and "Council Invoices".
I. City Council Referrals. No referrals.
J. City Council Updates. I may bring up an item from this month's Black Hawk County Emergency Management Commission meeting.
K. Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)
L. Adjournment.
| Council Packet Link | |
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| Meeting Date | 04/02/18 |
