Among many items up for a discussion and vote at this meeting are a potential zoning change in College Hill to allow for the building of a private parking lot (Items E.3, E.4 and E.5)...and the Urban Chicken debate may be back (a council referral, Item I.). Thanks to those of you who've been e-mailing me with your concerns, comments and questions about the agenda items...I'm glad this is a useful document for you. Also thanks to Grammarly.com, whose free Google extension is now saving me from embarrassing typos. :) Hope to see you Monday night at 7...or follow along with your popcorn on Channel 15!
My reading / annotating time this weekend: 4.5 hours
A. Call to Order by the Mayor.
B. Roll Call.
C. Approval of Minutes of the Regular Meeting of July 16, 2018 and Special Meeting of July 23, 2018. Officially files the minutes into the city record, as an accurate reflection of that meeting.
D. Agenda Revisions.
E. Special Order of Business:
1. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Sidewalk Assessment Project, Zone 9. No concerns about the properties in question; I'll be interested to find out on August 14th (the date for receiving bids) what the cost difference is between this being contracted by individual property owners, versus having the city's contracted company do it. Is there some sort of discount being applied since the contractor has the advantage of putting each smaller project into a larger master schedule? If that's the case, does it make sense for the property owner to just 'default' on the responsibility and have the city do it?
a. Receive and file proof of publication of notice of hearing. (Notice published July 20, 2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
2. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the 2018 Sidewalk Assessment Project, Zone 9. This just allows the project to move forward.
3. Public hearing on an associated amendment to the Schematic Land Use Map by changing the designation from High Density Residential to Neighborhood Commercial/Mixed Use, and also on the proposed rezoning from R-3, Multiple Unit Residential, to C-3, High Density Commercial, of property located at 1015 & 1021 West 22nd Street. For two of the properties to the west of Great Wall, the Future Land Use Map would be changed to allow for higher density usage and make it a C-3 zoning area. This would allow a parking lot to be constructed, which can't be done if the property is R-3. The Planning & Zoning Commission recommended approval 8-0 (Brian Wingert absent) at their July 11th meeting, which is viewable on YouTube.
a. Receive and file proof of publication of notice of hearing. (Notice published July 26, 2018)
b. Written objections filed with the City Clerk. Two adjacent property owners filed a protest against the change, meaning that the zoning change would require a supermajority (6 of 7 councilors voting aye).
c. Oral comments.
4. Resolution amending the Schematic Land Use Map, by changing the designation from High Density Residential to Neighborhood Commercial/Mixed Use, for property located at 1015 & 1021 West 22nd Street. This would the formal vote to change the land use map, with just the usual simple majority required.
5. Pass an ordinance amending Section 29-107 of the Code of Ordinances by removing property located at 1015 & 1021 West 22nd Street from the R-3, Multiple Unit Residential Zoning District and placing the same in the C-3, High Density Commercial Zoning District, upon its first consideration. (Contingent upon approval of Item E-4) This would require the supermajority (6 of 7 ayes) for changing the zoning.
6. Public hearing on proposed amendments to Chapter 29, Zoning, and Chapter 27, Utilities, of the Code of Ordinances relative to the City's floodplain regulations. This appears to be a straightforward series of changes, to better align our code with the terminology of FEMA, which administers the flood insurance program which is a key part of our floodplain ordinances. This gives the public an opportunity to weigh in on the proposed changes.
a. Receive and file proof of publication of notice of hearing. (Notice published July 26, 2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
7. Pass an ordinance amending Chapter 29, Zoning, and Chapter 27, Utilities, of the Code of Ordinances relative to the City's floodplain regulations, upon its first consideration. This is the formal vote to change the floodplain ordinance. No concerns at this time.
8. Public hearing on proposed amendments to the Zoning Agreement relative to conditions of the R-4 Residential Zoning District for property described as Lots 7 & 8 of Midway Business Park. A property owner is seeking to build an assisted living center; it doesn't require re-zoning, but because of past legal agreements, the council must decide whether to allow this use. Within the R-4 district, nursing homes are already allowed.
a. Receive and file proof of publication of notice of hearing. (Notice published July 26, 2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
9. Resolution approving and authorizing execution of a Zoning Agreement Amendment relative to property located generally on Lots 7 & 8 of the Midway Business Park Addition. This would be Council's permission for the land owner to use the property for an assisted living facility.
10. Pass an ordinance rezoning property located generally on Lots 7 & 8 of the Midway Business Park Addition pursuant to provisions of a Zoning Agreement associated with Ordinance #2080, which placed said property in the R-4 Residential Zoning District, upon its first consideration. I don't quite understand this part ... why do we need to rezone property when the property is already in the R-4 zone? I'll need to ask staff about this one. .
F. Old Business:
1. Pass Ordinance #2928, amending Chapter 6, Animals, of the Code of Ordinances relative to butchering and disposal of dead animals, upon its second consideration. No concerns; this is the second of three required readings, and ensures that the ordinance doesn't conflict with the DNR's existing deer management program within city limits (it's a very interesting program, though I'm not a hunter). The Deer Management Zone allows for bowhunting (no firearms) within city limits, with major oversight and restrictions by the state. You can learn more at http://www.iowadnr.gov/Hunting/Deer-Hunting/Deer-Management-Hunts.
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.) [*asterisk means to request separate consideration]
a*. Receive and file the Committee of the Whole minutes of July 16, 2018 relative to the following items: This simply enters the minutes into the record as an accurate reflection of that meeting. I have two minor amendment requests -- changes of names to Sarah Kiani and Mark G. Miller.
(1) Review Code Section 14-149 - Parking Hard Surfacing Requirements.
(2) Levee Update.
(3) Bills & Payroll.
b. Receive and file the City Council Work Session minutes of July 16, 2018. Enters the minutes into the public record as an accurate reflection of the meeting. No concerns or questions. The Form Based Zoning discussion was very interesting, and I generally support the modernization of our code to support a hierarchical zoning philosophy. This would make a great issue point for the 2019 and 2021 City Council elections! Whether they support Form Based Zoning or not, all candidates should be able to write a thousand word essay describing this practice, and their reasons for supporting or opposing it. It's probably one of the most impactful decisions / directions the city will have for the next several decades!
c. Receive and file Departmental Monthly Reports of June 2018. I greatly enjoy reading these because #kindofanerd. I was especially happy to see that the library is working with the city's talented graphic designer on a logo & branding (page 5) and that Public Records is improving the city website to increase transparency, availability, and notifications for public meetings (p13). I'm seeing from my site visits just how much the city government does in a given month, and these reports help me to ask informed questions. :)
d. Receive and file the plans, specifications, form of contract & estimate of cost for the Cedar Falls Public Library Remodel Project. This project remodels part of the second floor to be a "co-lab", for community collaborative resource-sharing activities, planned for FY19. As a Library & Info Science grad student myself, I follow library projects with great interest, and am eager to see opportunities which showcase the CFPL as the community's "living room". This Co-Lab is a great direction for carrying out this philosophy.
e. Receive and file the plans, specifications, form of contract & estimate of cost for the 2018 Seal Coat Project. No concerns; gotta keep the roads in working order! Expected cost is $145K, paid for with local option sales tax (LOST).
f. Approve the application of Western Home Communities (Flashing Thunder Fireworks) for a fireworks display permit for September 8, 2018. No concerns.
g. Approve the following special event related requests: No concerns.
(1) Closure of a Municipal Lot located at 217 Washington Street, FondoFest Pre-Party, August 17, 2018.
(2) Street closure, College Street, August 17-18, 2018.
(3) Street closure, Timber Drive, August 19, 2018.
(4) Closure of a portion of Municipal Lot G, Pear Fair, September 14-16, 2018.
(5) Street closure, Green Creek Road, September 16, 2018.
h. Approve the following applications for beer permits and liquor licenses: No concerns.
(1) Vintage Iron, 104 Main Street, Class B native wine - renewal.
(2) Casey's General Store, 2425 Center Street, Class C beer & Class B native wine - renewal.
(3) Casey's General Store, 5226 University Avenue, Class C beer & Class B native wine - renewal.
(4) King Star, 2228 Lincoln Street, Class C beer & Class B native wine - renewal.
(5) Amigo, 5809 University Avenue, Class C liquor & outdoor service - renewal.
(6) Octopus, 2205 College Street, Class C liquor & outdoor service - renewal.
(7) The Library, 2222 College Street, Class C liquor & outdoor service - renewal.
(8) B & B West, 3105 Hudson Road, Class E liquor - renewal.
(9) Wal-Mart, 525 Brandilynn Boulevard, Class E liquor - renewal.
(10) Mulligan's Brick Oven Grill & Pub, 205 East 18th Street, Class C liquor & outdoor service - change in ownership.
(11) The Black Hawk Hotel, The Stuffed Olive, 115-119 Main Street, Class B liquor & outdoor service - 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 naming official depositories for the City of Cedar Falls. I'm curious to know why Collins Community Credit Union has a max cap of $40M, while Veridian Credit Union here in the Cedar Valley has a cap of only $30M. I'll ask staff what criteria we use for assigning these caps.
b. Resolution approving and adopting the recommendation of the Community Center & Senior Services Board relative to a Community Center Rental Fee Schedule. With this approved, Community Center will consolidate some of its fees for space rental. No concerns.
c. Resolution approving and authorizing expenditure of funds for a consultant to develop concepts and cost estimates for potential improvements to Pettersen Plaza. College Hill Partnership has expressed concerns that the plaza between Jimmy John's and Hydrant is looking a little tired. This item has a lot of supporting documents for what the needs and hoped for outcomes are. The request is for $3,500 for the consultant, with the Public Works and Parks Division taking the city lead on this.
d. Resolution approving the Pinnacle Ridge 2nd Minor Subdivision Plat, a Replat of Parcels M and N Pinnacle Ridge Minor Subdivision Plat. In March we approved combining three undeveloped properties into two. They didn't sell, so now we're being asked to approve splitting them back into three properties. No concerns.
e. Resolution approving a Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan for construction of a restaurant on Lot 1 of East Viking Plaza. Council is being asked to approve a new restaurant at the southeast corner of Viking and Highway 58, in front of Target. No concerns.
f. Resolution approving and authorizing execution of ten Owner Purchase Agreements and one Tenant Purchase Agreement, and approving and accepting nine Owner's Temporary Grading Easements for Construction and nine Warranty Deeds, in conjunction with the West 1st Street Reconstruction Project. The city has to purchase some properties and get access approvals for others, in order to move the 1st Street Reconstruction Project forward.
g. Resolution approving and authorizing execution of a Lease with FN Investors, L.L.C. for temporary use of Lot 13, West Viking Road Industrial Park, relative to private development of adjacent property. Gives the builder of a new laboratory the necessary permissions to put dirt and other construction materials on city-owned land. He's looking to lease that land from the city for $1 for a short time. No concerns.
h. Resolution approving and authorizing submission of a Resource Enhancement and Protection (REAP) Grant Application for the Clay Street Park Water Quality Improvements Project. This is to apply for state grant, and allocate $150K of city funds to the effort (permeable alley and park drainage). I'm not clear on what the total cost of this project is expected to be...I'll ask staff.
i. Resolution approving and authorizing execution of Supplemental Agreement No. 8 with AECOM Technical Services, Inc. relative to the Downtown Levee Improvements Project. The supplemental agreement states that part of the levee wall was constructed incorrectly, and $1500 in design costs will be required. As I understand it, the city isn't on the hook to pay this -- the city's just a pass-through from one private entity to another. No concerns.
j. Resolution setting August 20, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Cedar Falls Public Library Remodel Project. This just sets the date for the hearing.
k. Resolution setting August 20, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Seal Coat Project. This just sets the date for the hearing.
H. Allow Bills and Payroll. No concerns.
I. City Council Referrals. Councilor Miller wishes to bring back Urban Chickens for discussion. Urban Chickens was one of my campaign platform items; I generally support the idea, with some common sense restrictions. It's interesting to note that some of the opposition I heard was that "roosters are too loud"...so there's some misinformation because roosters won't be allowed. I'm looking forward to seeing if we can come up with a workable plan, as many other urban areas have already done.
This item would need a motion and then four council "aye" votes to get put on a future Committee of the Whole agenda for discussion.
J. City Council Updates. No concerns.
K. Executive Session to evaluate the performance of the City Administrator pursuant to Iowa Code Section 21.5(1)(i), following Public Forum. No concerns.
L. Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)
M. Adjournment.
| Council Packet Link | |
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| Meeting Date | 08/05/18 |
