I believe this is the lengthiest agenda I've worked on so far...quite a few important items, including a budget amendment (#3 & 4), the College Hill Zoning Overlay changes (#13), the approval of a new Ashley Homestore next to College Square Mall (#40 to 43) and ordinance changes (#49-52). That meeting starts at 7pm; before that, at 5pm, well have a council work session on Wastewater Regionalization possibilities (the public is welcome to attend and observe, but there's no comment period). And at 5:30, we'll go to the more formal Committee of the Whole session to discuss a No Parking request for Pather Lane, get a status update on the condition of the Cedar River's gauges and gates, and finally get an update on the Red Cedar entrepreneurship program,for which the city is a financial contributor. That meeting will be televised/livestreamed.
Hope you can join us in person at City Hall, online via the city's YouTube channel, or in TV Land on Public Access Channel 15.
Call to Order by the Mayor
Roll Call
Approval of Minutes
1. Regular Meeting of April 15, 2019. This simply enters the meeting minutes into the official record as an accurate reflection of what transpired at the meeting. Any discussion of the merits of the items that were discussed, or of the conduct of the meetings themselves, should be brought up in the Public Forum at the end of the council meeting. No concerns.
2. Special Meeting of April 25, 2019. Same as #1; no concerns.
Agenda Revisions
Special Order of Business
3. Public hearing on proposed amendments to the City’s FY19 Budget. Starting on Page 13. This is the public's opportunity to comment on the proposed budget changes.
a) Receive and file proof of publication of notice of hearing. (Notice published April 19, 2019)
b) Written communications filed with the City Clerk.
c) Oral comments.
4. Resolution approving and adopting amendments to the City’s FY19 Budget. (p14-23). The city is requesting to increase the municipal budget from $96.1M to 106.0M, to be offset by increased revenues (i.e no increase in taxes). I have some line item questions/concerns, particularly for areas where the expenditures have far exceeded the budget we approved last year.
5. 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. $807K from Local Option Sales Tax (LOST) and the stormwater fund to replace a culvert on Walnut. (P. 24 - 25.) This the public's opportunity to comment on this project.
a) Receive and file proof of publication of notice of hearing. (Notice published April 19, 2019)
b) Written communications filed with the City Clerk.
c) Oral comments.
6. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the Walnut Street Box Culvert Replacement - University Branch of Dry Run Creek Project. This would assign $807K from local option sales tax and stormwater funds to replace a "mini bridge" on Walnut. No concerns.
7. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Ridgeway Avenue Reconstruction Project - Chancellor Drive to Nordic Drive. (P.26) This is the public's opportunity to comment on this project.
a) Receive and file proof of publication of notice of hearing. (Notice published April 19, 2019)
b) Written communications filed with the City Clerk.
c) Oral comments
8. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the Ridgeway Avenue Reconstruction Project - Chancellor Drive to Nordic Drive. This allows us to move forward on getting bids for this estimated $2M project on West Ridgeway. No concerns.
9. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 100 Block Alley Reconstruction Project. No concerns.
a) Receive and file proof of publication of notice of hearing. (Notice published April 19, 2019)
b) Written communications filed with the City Clerk.
c) Oral comments.
10. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the 100 Block Alley Reconstruction Project. (P.27-28) This project would allocate an estimated $153K in taxpayer fundst to the rebuilding of the alley just to the east of Main Street downtown (next to the new parking lot). It would move utilities underground and a number of other significant enhancements in a high-visibility area. No concerns.
11. Public hearing on the FY19-23 Consolidated Plan and FY19 Annual Action Plan for Community Development Block Grant & HOME Program funding. This big document (p. 29-120) provides a four-year plan for the local administration of federal funds, in addressing community low-income housing needs. If you're interested in how we handle these funds, this is a good read. This is the required opportunity for the public to comment on these plans.
a) Receive and file proof of publication of notice of hearing. (Notice published April 29, 2019)
b) Written communications filed with the City Clerk.
c) Oral comments.
12. Resolution approving and authorizing submission of the FY19-23 Consolidated Plan and FY19 Annual Action Plan for Community Development Block Grant & HOME Program funding. No concerns about the plan; one interesting excerpt (p.61):
"Several distinct factors pose challenges to meeting affordable housing needs in Cedar Falls. Infill lots are in short supply, and current zoning requirements in some older neighborhoods are prohibitive for residential development on small lots [my bolding]. Additionally, the single‐family home market experiences pressure from investors who can realize a higher rate of return by converting homes into multiple rental units. Recently, Cedar Falls initiated a temporary $10,000 forgivable loan program for homebuyers to convert rental properties back to single family homes in certain neighborhoods."
One of my aims with our zoning ordinance updates is to ensure that in our original neighborhoods, homes can be built which both suit the character of the neighborhood AND aren't prohibitively expensive to construct/own. More on that in the future. Also, Page 90 notes the possibility of using CDBG funds to assist qualifying properties to comply with the hard-surfacing requirement. I'll want to know more about this --particularly what kind of properties would qualify, and if the grants would be retroactive (i.e. if you'd already been required to pave over your rental property's gravel.).
Finally, I'll ask staff how the Low-Moderate income maps (P. 96 - 120) are generated, and what policy development purpose they serve; there are some big disparities between the identified areas and home / income realities (particularly Lexington Heights, the Meadows, and North Cedar).
Old Business
13. Pass Ordinance #2939, amending Chapter 26, Zoning, of the Code of Ordinances relative to the College Hill Neighborhood (CHN) Overlay Zoning District, upon its third & final consideration. At the council meeting, I'll reiterate my concerns about passing this ordinance prior to the release of the preliminary findings of the College Hill Parking Study (which was supposed to be presented on April 23rd, but postponed).
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.)
14. Approve the recommendation of the Mayor relative to the appointment of Rebecca Aberle as Student Liaison, term ending 04/30/2020. UNI's Northern Iowa Student Government (NISG) forwards a liaison for appointment as the city's Student Liaison. No concerns.
15. Approve the recommendation of the Mayor relative to the appointment of Paul Lee to the Civil Service Commission, term ending 04/06/2020. The mayor appoints all board and commission members with the consent of council. No concerns.
16. Receive and file the Committee of the Whole minutes of April 15, 2019 relative to the following items: Same as #1 above; no concerns.
a) Small Cell Siting.
b) Bills & Payroll.
17. Receive and file Departmental Monthly Reports of March 2019. (p.143-244) No concerns. The library report (p 159) is showing continual increased use of electronic/streaming media which doesn't require stepping foot into the library; also, computer/wi-fi use is dropping. Fortunately, we're also seeing an uptick in event attendance, and I hope the Co-Lab will become a well-used community resource to keep our great library at the forefront as Cedar Falls's shared 'living room'). The monthly reports also contain the terrific (and unsung) work of all city staff. Take a look!
18. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: (p.217-219) No concerns regarding the development of these certified lists.
a) Storm Water Specialist.
b) Public Safety Supervisor - Lieutenant.
c) Public Safety Supervisor - Captain.
19. Receive and file the 2018 Annual Reports of the Planning & Zoning Commission, Board of Adjustment, Historic Preservation Commission, Group Rental Committee/Board of Rental Housing Appeals, Housing Commission and Bicycle & Pedestrian Advisory Committee. These annual reports outline the work of these commissions and committees; no concerns. Consider applying for one of these bodies -- it's an important and fulfilling public service (https://www.cedarfalls.com/63/Boards-Commissions).
20. Receive and file the Bi-Annual Report of Community Main Street relative to FY19 Self-Supported Municipal Improvement District (SSMID) Funds and an FY19 Economic Development Grant. The city requires CMS to submit reports twice a year for how it is spending the self-voted 'extra tax' in Downtown for expertise, coordination and improvement. No concerns. These reports are always enlightening!
21. Receive and file the Bi-Annual Report of College Hill Partnership relative to FY19 Self-Supported Municipal Improvement District (SSMID) Funds and an FY19 Economic Development Grant. The city also requires CHP to submit reports twice a year for how it is spending the self-voted 'extra tax' in College Hill for expertise, coordination and improvement in the business district. No concerns. Again, these reports are very helpful for understanding what the district-based non-governmental organizations (NGO's) do for the community.
22. Receive and file three Reports of Compensation Commissioners and Notices of Appraisement of Damages and Time of Appeal, in conjunction with the West 1st Street Reconstruction Project. (p.317-481) This extensive report is the commissioners' findings and awards to several property owners along W 1st Street, so that Highway 57 can be widened. No concerns; I'm continually amazed at the legal efforts & documentation required to effect these sorts of changes. Extensive...and necessary for due process!
23. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: sCity Council is the approving authority for all such permits; no concerns about the permitting. Smoking is highly addictive; quit or don't start!
(1) Five Corners Liquor & Wine, 809 East 18th Street.
(2) Hansen's Dairy, 123 East 18th Street.
(3) Happy's Wine & Spirits, 5925 University Avenue.
(4) Hy-Vee Food Store, 6301 University Avenue.
(5) Hy-Vee Gas, 6527 University Avenue.
(6) Prime Mart, 2323 Main Street.
(7) The Landmark, 107 Main Street.
(8) Up In Smoke, 2218 College Street.
(9) Wal-Mart, 525 Brandilynn Boulevard.
(10) ZSAVOOZ, 206 Brandilynn Boulevard.
24. Approve the following applications for beer permits and liquor licenses: City Council is the approving authority for all alcohol/liquor sales permits; no concerns.
a) Tobacco Outlet Plus, 4116 University Avenue, Class C beer - renewal.
b) NewAldaya Lifescapes, 7511 University Avenue, Class A liquor & outdoor service - renewal.
c) Berk's Main Street Pub, 207 Main Street, Class C liquor - renewal.
d) Walgreens, 2509 Whitetail Drive, Class E liquor - renewal.
e) The Black Hawk Hotel/Bar Winslow/Farm Shed, 115-119 Main Street, Class B liquor & outdoor service - sidewalk café.
f) Sturgis Falls Celebration, Island Park Beach House, Class B beer & outdoor service - 5-day permit.
g) Sturgis Falls Celebration, Gateway Park, Special Class C liquor & outdoor service - 5-day permit.
h) Cedar Basin Jazz Festival & Live to 9, Sturgis Park, Special Class C liquor & outdoor service - 6-month permit.
i) Casey's General Store, 2425 Center Street, Class E 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.)
25. Resolution approving and authorizing execution of a Consulting Agreement with Holmes Murphy & Associates, Inc. relative to employee benefits consulting services. (page 493-510) This would expend $28K - $30K of taxpayer funds per year for a 3 year agreement on employee benefits consulting. From reading the services provided, it sounds like an ourtsourcing of nearly all the benefits management functions; I'll ask, just to confirm. No concerns.
26. Resolution approving and authorizing execution of an Amendment to the Employer Participation Agreement with Express Scripts, Inc. relative to auditing of pharmacy benefit management services. An administrative change to account for the use of a new auditing service. No concerns.
27. Resolution approving and authorizing the expenditure of funds for the purchase of printers and copiers. This would pay Advanced Systems $60.3K to replace obsolete multifunctional copiers. I am interested to know what will happen to the replaced copiers, and how many we are replacing. No other concerns.
28. Resolution approving and authorizing execution of an Easement Agreement, in conjunction with a sidewalk café at 115-119 Main Street. (p. 515-518) This would allow Farm Shed to operate outdoor cafe seating on the public sidewalk in front of their restaurant. No concerns.
29. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with L&M Transmission & Towing. (p.519-529) Contracts with a private company for vehicle removals at $50 per tow. Residents with moved vehicles would be charged no more than $75 per tow.
30. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with The Rasmusson Company. (p.530-539) Similar to #30 above. No concerns.
31. Resolution approving and authorizing execution of a Memorandum of Understanding with the Black Hawk County Pheasants Forever & Quail Forever Chapter relative to the Youth Pollinator Habitat Project. This allows a private group to establish a meadow/prairie habitat area just north of Policeman's Park in North Cedar. This will provide a wildlife/insect habitat, and reduce mowing requirements. I'm generally interested to learn if these kinds of habitats are "plant and forget" or if there's much tending needed. No other concerns.
32. Resolution approving and authorizing the expenditure of funds for the purchase of a grapple loader truck. This would invest $154K in taxpayer money toward a new specialized truck for loading tree trunks, scrap, and flood debris. No concerns.
33. Resolution approving and accepting the contract and bond of Benton's Sand & Gravel, Inc. for the 2019 Permeable Alley Project. (p. 548-564) This commits $202.3K in taxpayer funds toward constructing the three permeable alleys the City Council approved in a previous meeting (so, about $67.5K per alley). I'm still interested to know the measures by which we're determining that this infrastructure merits the expense. No other concerns.
34. Resolution approving and accepting two Temporary Construction Easements, one Warranty Deed and one Special Warranty Deed, in conjunction with the Ridgeway Avenue Reconstruction Project. (p..565-585) agreements to allow the West Ridgeway Avenue improvements (#8 above) to proceed. No concerns.
35. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 315 Franklin Street relative to the Rental to Single Family Owner Conversion Incentive Program. This would grant a $10K forgivable loan to the new owners of this property for replacement windows. No concerns.
36. Resolution approving and authorizing execution of a contract with the Cedar Falls Woman's Club for use of their facility for a charrette relative to the Downtown Visioning & Zoning Code Update. This would allow the rental of a private space for $1597 for June 1st through 6th. Given the cost, I question why we simply couldn't use another city-owned space for this effort, such as the community center or the library's new Co-Lab. The requirements just state "An integral part of the charrette will be having a single location that the consultants can use for their operations that week." (page 604). Is the Women's Club really the most fiscally responsible option? I'll ask for details.
37. Resolution approving and authorizing execution of Supplemental Agreement No. 2 to the Professional Service Agreement with Riverwise Engineering, LLC for bathymetric survey services relative to the Cedar River Recreational Improvement Project. This provides a total of $5K to a contractor for depthsounder survey work at and around the Cedar River dam. No concerns.
38. Resolution approving and authorizing execution of a Contract for Appraisal Services with Rally Appraisal relative to the 2019 Northern Cedar Falls Flood Buyout Program. Allocates $6150 in FEMA grant money to a private appraisal service for the appraisal of 15 flood zone properties for potential buyout. No concerns.
39. Resolution approving and authorizing execution of an Encroachment Agreement with the North Cedar Neighborhood Association relative to placement of a neighborhood sign within the public right-of-way. Allows NCNA to place a 6x3 limestone rock on city property at the Tourist Park engraved with "NORTH CEDAR NEIGHBORHOOD". No concerns.
40. Resolution approving the preliminary plat of Furn Subdivision. Allows College Square Mall's eastern side (the old Yonkers) to be split off from the rest of the property for individual sale to Ashley Furniture for a new furniture store. No concerns.
41. Resolution approving the final plat of Furn Subdivision. Related to #40 above. No concerns.
42. Resolution approving an S-1 Shopping Center District site plan for redevelopment of a building located at 6301 University Avenue. This is the detailed site plan & blueprints for the Ashley Homestore. No concerns.
43. Resolution approving and authorizing execution of a Developmental Procedures Agreement with Furn USA IA-Cedar Falls, LLC relative to property located at 6301 University Avenue. This details some of the requirements (including parking lot repairs) that are part of the agreements for approving #40-#42 above. No concerns.
44. Resolution approving the reassignment of a Professional Service Agreement from Community ReCode, LLC to Ferrell Madden, LLC relative to the Downtown Visioning & Zoning Code Update Project. (p 685-687) This is just an administrative change; no difference in cost or who's doing the work. No concerns.
45. Resolution approving and adopting Project Priorities for the Downtown Visioning & Zoning Code Update. Gives the council's overarching goals with the recodification/visioning efforts for downtown. I'm especially pleased with maintaining "pedestrian oriented design". No concerns.
46. Resolution approving the proposal of Sturgis Falls Celebration, Inc. to construct a permanent stage, and waiving the variance application fee. This would be in Gateway Park, in that big area adjacent to Hwy 57. I'll ask what protections the new construction will have against the increasingly frequent flooding in that area. No other concerns.
47. Resolution approving and authorizing execution of five Memorandums of Agreement for stair reconstruction, in conjunction with the 100 Block Alley Reconstruction Project. This is tied to #10 above, to rebuild private property stairs in the alley. No concerns.
48. Resolution approving and authorizing execution of Supplemental Agreement No. 5 with Snyder & Associates, Inc. for 2019 Engineering Services relative to the 2nd Street Reconstruction-Main to Washington and 3rd Street Reconstruction-State to Washington Projects. Provides $161.2K in design fees to Snyder to execute the Downtown streetscaping project. Construction is expected to start in April of 2020. No concerns.
Ordinances
49. Pass an ordinance amending Chapter 2, Administration, of the Code of Ordinances relative to the reorganization of City operations, upon its first consideration. (p730-748). Per the memo, "the Engineering Services Division and the Water Reclamation Division are
moving to Public Works, and the Visitors and Tourism/Cultural Programs Division, as well as the Recreation and Community Programs Division, are moving to Community Development." No concerns -- this arrangement makes a lot more sense to me.
50. Pass an ordinance amending certain sections of the Code of Ordinances relative to the renaming of the Department of Municipal Operations and Programs to the Department of Public Works, in conjunction with the reorganization of City operations, upon its first consideration. No concerns.
51. Pass an ordinance amending Chapter 15, Nuisances and Chapter 17, Parks and Recreation, of the Code of Ordinances relative to the renaming of the Public Works and Parks Division Manager to the Operations and Maintenance Division Manager, in conjunction with the reorganization of City operations, upon its first consideration. concerns.
52. Pass an ordinance amending certain sections of the Code of Ordinances to be in conformance with the Code of Iowa and consistent with current City operations, upon its first consideration. (p.796-808) These are a variety of miscellaneous changes to the city's ordinances. Given the broad nature of these changes, I would like to know what's different from the current ordinances, and given the length of this meeting -- and the fact that this is at the end -- I think it would be most prudent to table this for consideration at our May.20th council meeting. [Found out through the Mayor that the changes were provided in an e-mail to the council from the city attorney; I've read through & am OK with the change, so will not request to table. I'll ask, though, that future 'redline' changes like this be included in the council packets so that everyone has access to the same info that Council does.]
Allow Bills and Payroll
53. Allow Bills and Payroll of May 6, 2019. No concerns.
City Council Referrals There has been a request from several residents to provide a crosswalk for the new Aldrich Elementary.
City Council Updates No updates.
Executive Session
54. Executive Session to discuss Legal Matters per Iowa Code Section 21.5(1)(c) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation, and 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 | |
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| Meeting Date | 05/06/19 |
