The Big-Ticket Item for Monday night's 7pm regular meeting is the consideration of the City's FY 2024 budget for approval (Item 4). The Council will also consider a $162K sale of land in the industrial park for a storage facility (Item 5). Also up for consideration is a rezoning request for farmland in North Cedar for proposed new residential development (Item 9). Most of the other items are fairly routine/administrative.
Before the regular meeting, the Council Standing Committees will meet at 5:45 to discuss council pay, the results of a downtown restrooms study, and the potential for use of Iowa Workforce Housing Tax Credits in Cedar Falls. The "Review of Council Salary" will be an interesting topic. As an at-large council member I typically spent 10 - 12 hours a week on council duties (phone calls, correspondence, reading, meetings, ridealongs, and other related activities) at about $6K per year, that ended up being about $10.50 an hour. For someone who's already wealthy, they can treat council service as a volunteer position...but middle-class, working people don't have that luxury. Though it's never politically popular, I'd support council compensation of $10K to $12K year to more adequately compensate council members for their time, talent, and effort. It will be an interesting discussion Monday night, for sure.
I hope you can join us in person at City Hall, or online via livestreamed YouTube, or on CFU Channel 15. Thanks, as always, for doing the work to be an informed and engaged resident!
Call to Order by the Mayor
Roll Call
Pledge of Allegiance
Approval of Minutes
1. Regular meeting of April 3, 2023.
Agenda Revisions
Special Presentations
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics relevant to City business.)
Staff Updates
Special Order of Business
2. Hearing on a complaint issued to Baba Fareed LLC, d/b/a Great Wall China, 2125 College Street, Suite D, for a first tobacco violation. Businesses are fined for selling tobacco to those under 21 years of age. This would be a $300 fine for a first offense. The council is the approving authority for this civil penalty.
a) Oral comments.
b) Approve and authorize execution of an Order Assessing Penalty relative to a First Tobacco Violation regarding Great Wall China, 2125 College Street, Suite D.
3. Hearing on a complaint issued to Cedar Sky, Inc., d/b/a Bani's, 2128 College Street, for a third tobacco violation. Similar to the above, this would be $1500 for a third offense.
a) Oral comments.
b) Approve and authorize execution of an Order Assessing Penalty relative to a Third Tobacco Violation regarding Bani's, 2128 College Street.
4. Public hearing on the proposed FY2024 Budget for the City of Cedar Falls. This has been an ongoing dialogue since November's initial goal setting session. After many updates, changes and council deliberations, the budget is now at the point where a majority of members in the Finance & Business Operations (FBO) committee recommended the budget to the council for approval at its April 3rd committee meeting. I believe that the proposed budget is a reasonable compromise to maintain a low tax rate while achieving the desires of the community for essential services and quality of life.
a) Receive and file proof of publication of notice of hearing. (Notice published April 5, 2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving and adopting the FY2024 Budget for the City of Cedar Falls.
5. Public hearing to consider entering into a proposed Purchase, Sale and Development Agreement and Minimum Assessment Agreement; and to consider conveyance of city-owned real estate to CF Storage, LLC. The applicant is requesting to purchase land from the city for about $100K to provide storage services in the industrial park. I believe this use fits in with the needs of that area, and is a welcome addition to that area.
a) Receive and file proof of publication of notice of hearing. (Notice published 04/07/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving and authorizing execution of a Purchase, Sale, and Development Agreement and Minimum Assessment Agreement, approving and authorizing execution of a Deed Without Warranty conveying certain city-owned real estate to CF Storage, LLC.
6. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Ashworth Drive Roadway Expansion Project. This is an important project to extend Ashworth Drive to Hudson, relieving the traffic pressures on Erik Road. It's important for that neighborhood to have a practical additional outlet.
a) Receive and file proof of publication of notice of hearing. (Notice published 04/07/2023)
b) Written communications filed with the City Clerk.
c) Staff comments. d) Public comments.
e) Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the Ashworth Drive Roadway Expansion Project.
7. Public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to signage for Civic/Institutional Uses in the Downtown Character District (CD-DT). This would allow civic and institutional buildings in the downtown area to put up new monument style signs, as desired, rather than just the marquee or wall signs that are otherwise required downtown. I believe this change is reasonable & support the new ordinance.
a) Receive and file proof of publication of notice of hearing. (Notice published 04/07/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to signage for Civic/Institutional Uses in the Downtown Character District (CD-DT), upon its first consideration.
8. Public hearing on the proposed rezoning from A-1, Agricultural District to R-1, Residence District approximately 3 acres of property located west of the Hudson Road & Ashworth Drive intersection, f/n/a 4919 Hudson Road. This is tied to Item #6, to allow new homes to be constructed on a newly extended Ashworth Drive.
a) Receive and file proof of publication of notice of hearing. (Notice published 04/07/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending the Zoning Map by removing approximately 3 acres of property located west of the Hudson Road & Ashworth Drive intersection, f/n/a 4919 Hudson Road from A-1, Agricultural District and placing the same in the R-1, Residence District, upon its first consideration.
9. Public hearing on the proposed rezoning from A-1, Agricultural District to R-2, Residence District approximately 14.43 acres of property located north of Black Hawk Park Addition and west of Cypress Avenue. This is the first step in allowing new housing construction in North Cedar. I have been following the progress of this new development closely, and believe it will be an excellent addition to North Cedar. Part of the need here will be to plan for neighborhood-scale retail services along the Center Street and Lone Tree Road intersection.
a) Receive and file proof of publication of notice of hearing. (Notice published 04/07/2023)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending the Zoning Map by removing approximately 14.43 acres of property located north of Black Hawk Park Addition and west of Cypress Avenue from A-1, Agricultural District and placing the same in the R-2, Residence District, upon its first consideration.
Old Business
10. Pass Ordinance #3025, amending Chapter 26, Zoning, of the Code of Ordinances relative to establishing procedures for Planning & Zoning Commission review and City Council approval of site plans in the Downtown Character District (CD-DT), upon its third & final consideration. (5 aye votes required due to denial by the Planning & Zoning Commission) I believe that Item #7 and Item #11 are a great examples of how the Council and P&Z should focus their zoning attention on "what's allowed" and "what's prohibited" generally, rather than "calling balls and strikes" on individual site plans. Let's continually improve on forward-thinking and clear zoning ordinances, and allow staff to do their jobs to ensure a site plan checks off all the necessary boxes.
11. Pass Ordinance #3026, amending Chapter 26, Zoning, of the Code of Ordinances relative to conditional use for adaptive reuse of defunct institutional buildings, upon its second consideration. This allows salons to be added to the list of permitted uses of repurposed churches and other institutional buildings.
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.)
12. Receive and file the City Council Standing Committee minutes of April 3, 2023 relative to the following items:
a) "Low Mow May" Presentation.
b) FY2024 Budget Presentation.
13. Approve a proclamation recognizing May 2023 as National Bike Month, May 3, 2023 as Bike to School Day, May 15-21, 2023 as Bike to Work Week, and May 17, 2023 as National Ride in Silence Day. The City Council is the approving authority for all city proclamations.
14. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: These BORHA members have been active participants and have met attendance requirements. My policy is to automatically reappoint members who actively participate (regardless of how they vote), until they cross a 20 year threshold on that committee. I'm grateful these board members are continuing!
a) MaryJane McCollum, Board of Rental Housing Appeals, term ending 05/01/2027.
b) Bruce Wingert, Board of Rental Housing Appeals, term ending 05/01/2027.
15. Approve an Order Accepting Acknowledgment/Settlement Agreement with BSE, Inc., d/b/a Prime Mart, 2323 Main Street, for a first tobacco violation. Prime Mart has agreed to their $300 settlement, so no hearing is necessary.
16. Approve the following applications for retail alcohol licenses: The City Council is the approving authority for all alcohol permits and liquor licenses.
a) Berk's Main Street Pub, 207 Main Street, Class C retail alcohol - renewal.
b) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore’s Pub), 5307 Caraway Lane, Class C retail alcohol & outdoor service – renewal.
c) Suds, 2223 ½ College Street, Class C retail alcohol & outdoor service – renewal.
d) The Horny Toad American Bar & Grille, 204 Main Street, Class C retail alcohol – renewal.
e) ZSAVOOZ, 206 Brandilynn Boulevard, Class C retail alcohol & outdoor service – renewal.
f) Walgreens, 2509 Whitetail Drive, Class E retail alcohol - renewal.
g) Amvets, 1934 Irving Street, Class F retail alcohol & outdoor service - temporary expansion of outdoor service area.
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.)
17. Resolution Calendar with items considered separately.
18. Resolution rescheduling the regularly scheduled City Council meeting of July 3, 2023 to July 17, 2023. The first meeting in July is scheduled for July 3rd, which a lot of people will likely take off work as a long weekend. The next possible meeting day is Wednesday, July 5th, which is likely an activity night for many folks, if they're not traveling that day. That said, I'd like to cancel the meeting altogether, but there's no provision in the code to do that. This resolution could be passed by council as-is, effectively cancelling the meeting, or they can debate and choose another night to have the meeting, or just vote this down altogether to keep the meeting on the original night of July 3rd.
19. Resolution approving and authorizing execution of a contract for West Proflex with West Publishing Corporation relative to legal research service conducted by the City Attorney. This would be a $741.54 / month contract for a service that the City Attorney already regularly uses.
20. Resolution approving and authorizing execution of an Offer to Buy Real Estate and Acceptance for 2.35 acres of property located at 2603 South Union Road relative to expansion of the West Viking Road Industrial Park. This would provide $346K for the purchase of this property, near the southwest corner of the West Viking industrial park. It allows the industrial park to maintain contiguousness out to Union Road, and I believe this is a smart strategic purchase.
21. Resolution approving and authorizing execution of a First Amendment to the Service/Product Agreement for Federally Funded Project with Iowa Northland Regional Council of Governments (INRCOG) for administration and technical services for activities relative to FY2023 (FFY2022) Community Development Block Grant (CDBG) and HOME funding project delivery. This would increase the cap on their contract in order to account for the fact that the city has contracted with additional service providers for this grant. The increase would fairly compensate INRCOG for this work.
22. Resolution approving the Gateway Business Park Lot 2 Minor Subdivision Plat, a replat of Lot 2 of Gateway Business Park at Cedar Falls 1. This change would allow the Restaurant building at the Panther Travel Center (currently a closed Dairy Queen) to be sold and owned separately.
23. Resolution approving and authorizing expenditure of funds for the purchase of a cutter for the Cedar Heights Lift Station. The Water Reclamation Division wants to purchase an XRipper for $42K to protect the pumps at the lift station from debris and damage. I was like, "What's an XRipper?" so I looked up a demo video on YouTube. There was a pretty horrifying video of an XRipper pretty much liquefying animal carcasses, so I figure it will work great for sewage. Also, nightmares. Here's the video for the morbidly curious. You've been warned!
24. Resolution approving and authorizing execution of a contract with Quality Striping, Inc. relative to 2023 pavement marking services. This would provide $56K in taxpayer funds for this company to stripe roundabouts, sharrows, bike lanes, parking lots, etc.
25. Resolution approving and authorizing expenditure of funds for the purchase of a Street Paint Line Striping Unit for the Traffic Operations Section. This would provide $219K in street construction funds for a street line striper for straight lines on arterial and collector streets.
26. Resolution approving and authorizing execution of a Service/Product Agreement with Lehman Trucking & Excavating Inc. for demolition of structures relative to the Main Street Reconstruction project. This would provide $31K for the demolition and clearing of the two buildings on the northwest and southwest corners of Main & 12th Street as well as filling in and grass-seeding the area. This is in preparation to install a roundabout there.
27. Resolution approving and accepting a Warranty Deed, in conjunction with the Main Street Reconstruction Project. This is to purchase a small part of a property on Main Street.
28. Resolution receiving and filing, and rejecting the only bid received for the North Cedar Heights Area Reconstruction Project - Phase 1. Staff is recommending the rejection of the PCI bid, which came out $2M over estimate. The city staff will work to determine the best way to pursue this project going forward and is intending to present this to the council at the next meeting (see item 30 below).
29. Resolution approving the Certificate of Completion and accepting the work of Owen Contracting, Inc. for the Cyber Lane Extension Project. This would provide Owen Contracting with the final $14.6K payment by attesting that the project has been complete to the city council's satisfaction.
30. Resolution receiving and filing, and setting May 1, 2023 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the North Cedar Heights Area Reconstruction Project - Phase 1A. This simply sets the date of the public hearing.
Allow Bills and Claims
31. Allow Bills and Claims for April 17, 2023. The Council is the approving authority for all bills and claims made against the city since the previous council meeting.
Council Updates and Announcements
Council Referrals
Adjournment
| Council Packet Link | |
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| Meeting Date | 04/17/23 |
