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Home >> Annotated Agendas >> Council Annotated Agenda - 8/20/18

Council Annotated Agenda - 8/20/18

The 8/20 council meeting agenda doesn't appear to have any controversial items on it.  We'll be voting to move forward with the build-out of a new co-lab (like a classroom/workspace) on the second floor of the library, and some other largely administrative decisions.   As always, let me know if I should have any concerns beyond what I mentioned below.    

Just a quick note on the procedure for the Backyard Chickens presentation at Committee of the Whole, starting at 5pm.   The Backyard Chickens presentation and vote will probably occur after 6:15pm, because we have four lengthy presentations before that.   In this Backyard Chickens presentation, city staff will review the recommendations from Fall 2016, when it was voted down 4 to 3.   As usual, the mayor will likely allow public comment.   A vote will likely be taken on this, for whether we want to direct staff to move forward with creating an ordinance for a future vote, or to keep the existing ban in place.  I would personally like to know what other Iowa cities are doing, and if they have any "lessons learned" to share.  If I don't hear about this in Committee of the Whole, I'm likely going to request tabling the discussion for a future vote, until council knows more about how Backyard Chickens is faring in other cities that have allowed it.   

At Committee of the Whole, we'll also learn about Hearst Center projects, our pavement management program, a status report on our Comprehensive Plan and Zoning Ordinances, and considering one-sided parking on Bergstrom Blvd.    Hope you can join us for the CoW, Council Meeting, or both....in person or on Channel 15!


A. Call to Order by the Mayor.


B. Roll Call.


C. Approval of Minutes of the Regular Meeting of August 6, 2018.  This approval simply enters the minutes into the public record as an accurate reflection of what occurred at our last city council meeting.  No concerns.


D. Agenda Revisions.


E. Administration of Oath to Public Safety Officers and Reserve Officers. 


F. Special Order of Business:

1. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Cedar Falls Public Library Remodel Project. This $151K project (partially covered by a grant from the Black Hawk County Gaming Commission).   This memo doesn't have any of the actual plans or specifications; you have to go to city hall to get that.   I really would like to see these plans available via the packet, so that you  (and I) can actually review them.  I generally understand the northern part of the 2nd floor will become an enclosed space for hobbies and teaching, and support the idea of revamping our spaces to best suit community needs.  This public hearing is to hear any concerns from the public.

a. Receive and file proof of publication of notice of hearing. (Notice published August 10, 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 Cedar Falls Public Library Remodel Project.  This officially allows the project to move forward.

3. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Seal Coat Project.  $141K for street resurfacing (not repair)...it would be 11 street sections and a driveway.  The plans don't actually state where they are....why not?  It seems like a pretty simple thing to include.   The public can comment on the project during this portion of the meeting.

a. Receive and file proof of publication of notice of hearing. (Notice published August 10, 2018)

b. Written objections filed with the City Clerk.

c. Oral comments.

4. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the 2018 Seal Coat Project.  This officially allows the project to move forward.


G. 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 third & final consideration.  This makes a few changes to our new butchering/disposal code, to better account for the state's deer management zones.  After this reading, the ordinance is officially adopted (in Cedar Falls, our rule is that a proposed ordinance has to be voted on at three consecutive meetings before it's official).

2. Pass Ordinance #2929, amending Chapter 29, Zoning, and Chapter 27, Utilities, of the Code of Ordinances relative to the City's floodplain regulations, upon its second consideration.  Changes some of the language and terminology to better conform to FEMA policies and practices. No concerns.

3. Pass Ordinance #2930, 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 second consideration.  Allows this property owner to use the property as an assisted living facility.  No concerns.


H. 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. Receive and file the Committee of the Whole minutes of August 6, 2018 relative to the following items:  Enters the minutes into the public record.  No concerns.

(1) Downtown ordinance revisions related to building design review.

(2) Bills & Payrolls.

b. Receive and file the Administration Committee minutes of July 23, 2018.  One of council's responsibilities is to hear city employee grievance appeals.  These minutes reflect one of these meetings, and so we're entering that meeting into the public record.

c. Receive and file the report of the July 23, 2018 Joint Meeting of the City Council & the Utilities Board of Trustees.  We met last month to learn about CFU & City engagement, and a mini-annual report from CFU.   I appreciated that in public comment, Dale Olson brought up grid security...I'll be interested to learn more about our efforts to protect critical infrastructure from cyber attacks (though probably not something I'll be able to pass on to residents, for security's sake). 

d. Receive and file the bid received for the 2018 Sidewalk Assessment Project, Zone 9.   We only received one bid on this city-wide sidewalk repair project, and it's $38K instead of the city estimate of $28K.  The memo says that it was likely because we have fewer projects spaced over a wider area this year than in 2017.  That being the case, would it be possible to defer this project until next year, when we can lump it together with the 2019 sidewalk repairs and perhaps get a better deal?  I'll ask.  

e. Approve the following special event related requests:  City council has to approve street closure requests for special events.  No concerns.

(1) Street closure, West 25th Street, August 26, 2018.

(2) Street closures, ARTapalooza, September 8, 2018.

(3) Street closures & parking variance, Friends of Western Home Communities Annual Breakfast & Family Fun, September 8, 2018.

(4) Street closure, West 25th Street, September 22, 2018.

(5) Street/parking lot closures & parking variances, UNI Homecoming activities, October 19-20, 2018.

f.  Approve the following applications for beer permits and liquor licenses:  No concerns.

(1) Main Street Sweets, 210 Main Street, Class B native wine - renewal.

(2) Buffalo Wild Wings, 6406 University Avenue, Class C liquor & outdoor service - renewal.

(3) The Other Place, 4214 University Avenue, Class C liquor & outdoor service - renewal.

(4) The Pump Haus Pub & Grill, 311 Main Street, Class C liquor - renewal.

(5) Whiskey Road Tavern & Grill, 402 Main Street, Class C liquor & outdoor service - renewal.

(6) Wal-Mart, 525 Brandilynn Boulevard, Class E liquor - change in ownership.

(7) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore's Pub), 5307 Caraway Lane, Class C liquor - adding outdoor service.

(8) Mary Lou's Bar & Grill, 2719 Center Street, Class C liquor - temporary outdoor service. (August 25-26, 2018)

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 authorizing execution of a Memorandum of Understanding with the City of Waterloo and Black Hawk County relative to the 2018-2019 Edward Byrne Memorial Justice Assistance Grant (JAG) funding for the Tri-County Drug Enforcement Task Force.  $14K would be given to Cedar Falls for payroll expenses for police officers addressing narcotics enforcement, gun violence, gang activity, and other criminal activity.  No concerns.

b. Resolution approving and authorizing execution of a First Year Extension of an Agreement for Custodial Services with T & C Cleaning, Inc. relative to custodial services for city buildings for a period of September 1, 2018 through August 31, 2019.  Renewing the custodial contract for city buildings.  No concerns; reading through the contract, the cleaning checklists show just how much work goes into keeping a building in order!

c. Resolution approving the partial release of retainage funds to K. Cunningham Construction Company, Inc. for the University Avenue Reconstruction Project, Phase I.  Pays out $194K to the University Avenue contractor.  No concerns.

d. Resolution approving and accepting the bid of Feldman Concrete, in the amount of $38,923.88, for the 2018 Sidewalk Assessment Project, Zone 9.  Ties to 1.d above;  I'll have that question about whether there'd be value in waiting until next year to fix these sidewalk sections.

e. Resolution approving final occupancy of the Aldrich Elementary School prior to the acceptance of the public improvements in McMahill First Addition.  A few issues remain at the subdivision surrounding the new school; this allows the school to be used prior to these minor items being fixed.   No concerns. 

f. Resolution approving and authorizing Change Order No. 1 to the contract with Iowa Bridge & Culvert, LC for the 2017 Levee/Floodwall System Improvements Project.  Adds $45K in grant funds (not city funds) to the construction of the new levee, due to issues not accounted for in the original contract.  No concerns.

g. Resolution approving and authorizing execution of a Development Agreement with JDavis Properties, L.L.C., and approving an S-1 Zoning District site plan for the redevelopment of a building located at 6607 University Avenue.  Council is being asked to approve a site plan for part of the old Hy-Vee on College Square. This is an important area to redevelop and I strongly support infill projects overall.  I'll have to ask staff why this doesn't have a public hearing, unlike Kwik Star and 2119 College had earler this year.  Otherwise, no concerns.   Here's the Planning & Zoning Commission discussion about this on July 25th

h. Resolution approving and authorizing execution of an Amendment to Agreement for Private Development with BAJR Enterprises, L.L.C. relative to commencement and completion dates.  This allows a private company to delay construction on their new fleet maintenance faciity in the Northern Cedar Falls Industrial Park. No concerns.

i. Resolution approving and adopting amendments to the City's Low Rent Housing Agency Administrative Plan.  This changes the Section 8 housing program to add enrollment in Cedar Falls public schools proof of residency in Cedar Falls, and to automatically grant the elderly as "working in Cedar Falls", as well as to temporarily close the waiting list.   I don't know enough about this program overall yet to have concerns, but I can see that I do need to gain a better understanding of this program...how it works, what it's used for, what challenges we face, etc.  Will arrange for that this fall. 

j. Resolution approving and authorizing execution of an Amendment to Restrictions Agreement with Tindall Enterprises, LLC (f/n/a BlackHawk Hotel, L.L.C.), Eagle View Hospitality LC and Main Street Hotels LC relative to transfer of ownership, and approving and authorizing execution of a Subordination Agreement relative to a Forgivable Mortgage and Promissory Note, in conjunction with the Multi-Family (Rental) Unit Production - New Construction Program, Round 6.  As I understand it, this resolution simply allows a forgivable mortgage for the Black Hawk Hotel to be transferred from the old owners to the new owners (which was prohibited in the original agreement).  I'm not sure how the CDBG Recovery Housing grant program ties into this.  I'll ask.   Otherwise, no concerns.

k. Resolution approving and authorizing a change order to a Rehabilitation Contract with Kirvan Enterprises LLC relative to a Community Development Block Grant (CDBG) housing rehabilitation project at 1622 Clay Street.  Increases the grant to $18K due to unforeseen costs.   Still below the max $20K per project, so no concerns. 

l. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 1509 Franklin Street relative to the Rental to Single Family Owner Conversion Incentive Program.  This would provide a forgivable loan of $10K to this property owner for new doors and windows.   This is part of our city effort to encourage the return of properties from rental use to homeowner-occupied.  No concerns.

m. Resolution setting September 4, 2018 as the date of public hearing on proposed amendments to Chapter 29, Zoning, of the Code of Ordinances relative to design guidelines in the Central Business District Overlay Zoning District.  Just sets the date for the hearing. This will be an important discussion for how we move forward on shaping the character of Downtown Cedar Falls in the years ahead. 


I. Allow Bills and Payroll.  No concerns.


J. City Council Referrals.  No referrals.


K. City Council Updates.  No updates.


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
Meeting Date
08/20/18