Happy Halloween! Monday night's council meeting will feature the third reading of the proposed downtown zoning ordinance changes (Items #5 and #6). I support these changes, as an important and necessary next step in long-term planning for our amazing downtown. Yes, the code will need continual adjustments, but we have to start somewhere and this plan has been in development for more than two years. I'm glad the council is being proactive to seek a public-private parking structure solution to relieve actual and perceived parking pressures.
The Council will also be receiving and filing the Racial Equity Task Force Report (Item #13), and will be discussing which recommendations to implement, and how, in our early December council goal-setting work sessions. Most of the other items are administrative, but it's worth noting that we have to reject the bids for the River Recreation Project (Item #27) and determine with our consultant, Riverwise Engineering, on how to proceed. Very disappointing, because our goal was to get this project moving over the winter in time for completion next year. Now it looks like the timeframe will have to be extended.
There will be no Committee of the Whole prior to 7pm this week...and because the County COVID spread risk is no longer at 'High", all attendance will be in person rather than through Zoom. This should not be an issue, as we have not had any Zoom participation from the public for several meetings now. If you do wish to be able to attend future meetings via Zoom, please let your council members know at citycouncil@cedarfalls.com.
As always, thanks for doing the work to be an informed and engaged citizen!
Call to Order by the Mayor
Roll Call
Approval of Minutes
1. Regular Meeting of October 18, 2021. This enters the minutes into the record as an accurate reflection of what transpired in the meeting.
Agenda Revisions
Special Presentations
2. Proclamation recognizing November 11, 2021 as Veterans Day and Home Base Iowa Day. I'm greatly looking forward to Cedar Falls being designated a Home Base Iowa community, as it will show our commitment to attracting and retaining military veterans in our community.
3. Proclamation recognizing November 2021 as Cedar Valley United Way Month. Cedar Valley United Way does so much in our community, and it's only fitting for them to have a month of recognition.
4. Proclamation recognizing November 2021 as Hospice and Palliative Care Month. I'm glad to support the work of Cedar Valley Hospice and to issue this proclamation on their behalf.
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)
Old Business
5. Pass Ordinance #2994, amending Chapter 26, Zoning, and other associated sections of the Code of Ordinances, relative to establishing the CD-DT, Downtown Character District, upon its third and final consideration. This is the final reading of the proposed changes to the City Code. I support these changes as important progress for how we plan for and develop our downtown in the decades ahead. I'm fully aware that the council will need to incorporate changes in both the short and long term.
6. Pass Ordinance #2995, amending Section 26-118 of the Code of Ordinances, by removing all property within the defined boundaries of the Downtown Character District from current zoning districts and placing the same in the CD-DT, Downtown Character District Zoning District, upon its third and final consideration. (contingent upon approval of previous ordinance) Similar to #5 above, it shifts downtown and nearby environs out of the old zoning district and into a new Character District for the sake of development and redevelopment.
7. Pass Ordinance #2996, amending Section 26-118 of the Code of Ordinances by removing certain property located in the vicinity of Cedar Heights Drive and Valley High Drive from the C-1, Commercial District, and placing the same in the R-P, Planned Residence District, upon its third and final consideration. This allows the Creekside Condos project to move forward.
8. Pass Ordinance #2997, adopting by reference the 2021 International Building Code, 2021 International Residential Code, 2021 International Mechanical Code, 2021 Uniform Plumbing Code, 2021 National Fuel Gas Code and 2020 National Electrical Code, and associated revisions to Chapter 7, Buildings and Building Regulations of the Code of Ordinances, upon its second consideration. Discussed in our last meeting; no concerns.
9. Pass Ordinance #2998, adopting by reference the 2021 International Fire Code, and associated revisions to Chapter 9, Fire Prevention and Protection of the Code of Ordinances, upon its second consideration. Discussed in our last meeting; no concerns.
10. Pass Ordinance #2999, amending Section 26-118 of the Code of Ordinances by removing certain property located at 5424 University Avenue from the R-1, Residence District and C-2, Commercial District, and placing the same in the C-2, Commercial District, upon its second consideration. Discussed in our last meeting; this is a change for Direct Appliance to have a consolidated plat. No concerns, and the applicant has requested that council suspend the rules and give final approval at this meeting, rather than have a third reading on November 15th. I support this request.
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.)
11. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: I have the opportunity to bring people with diverse perspectives onto the Planning & Zoning Commission, which I believe is important for a well-balanced consideration of P&Z topics.
a) Dr. Oksana Grybovych Hafermann, Planning & Zoning Commission, term ending 11/01/2022.
b) Dr. Kristin Moser, Planning & Zoning Commission, term ending 11/01/2026.
c) Hannah Peterson, Planning & Zoning Commission, term ending 11/01/2026.
d) LeaAnn Saul, Planning & Zoning Commission, term ending 11/01/2026.
12. Receive and file the Committee of the Whole minutes of October 18, 2021 relative to the following items: This enters the minutes into the record as an accurate reflection of what transpired in the meeting.
a) Racial Equity Task Force Presentation.
b) Downtown Public Parking.
c) Planning & Zoning Commission Interviews.
13. Receive and file the Report and Recommendations of the Racial Equity Task Force. The RETF presented its findings in the Committee of the Whole on October 4th. The recommendations will be incorporated into our multi-day December Council Goal Setting Work Session discussions.
14. Receive and file the Departmental Monthly Reports of September, 2021. These are always an excellent way to know what is happening in the city government each month.
15. Receive and file the FY21 Street Financial Report (SFR) for the City. This report is required by the State of Iowa for showing how Road Use Taxes were spent.
16. Receive and file the Bi-Annual Report of College Hill Partnership relative to FY22 Self-Supported Municipal Improvement District (SSMID) funds and an FY22 Economic Development Grant. The Council requires CHP to file a report twice a year to show how it has been using the city's annual Economic Development Grants provided with taxpayer funds. It's a great partnership and CHP has been a terrific steward of these funds.
17. Receive and file the Bi-Annual Report of Community Main Street relative to FY22 Self-Supported Municipal Improvement District (SSMID) funds and an FY22 Economic Development Grant. Same as #16 above.
18. Approve the following applications for beer permits and liquor licenses: The City Council is the approving authority for all alcohol permits.
a) Lark Brewing, 6301 University Avenue, Class C liquor, Special Class A beer & outdoor service – renewal.
b) Tony's La Pizzeria, 407 Main Street, Class C liquor & outdoor service - renewal.
c) Urban Pie, 200 State Street, Class C liquor & outdoor service - renewal
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.)
19. Resolution levying a final assessment for costs incurred by the City to mow property located at 8702 University Avenue. The city mows the property when a property owner consistently fails to do so, and assesses the cost to the property.
20. Resolution approving and authorizing execution of a contract with the Governor's Traffic Safety Bureau (GTSB) relative to funding for traffic enforcement and training. This provides a $5500 grant to the Public Safety Department for traffic safety.
21. Resolution approving and authorizing execution of a 28E Agreement for Tobacco, Alternative Nicotine and Vapor Product Enforcement with the Iowa Alcoholic Beverages Division. The city agrees to conduct tobacco enforcement operations (not selling to under 21 year old) from October 1 to February 15, and the state reimburses the city $75 per visit (whether or not there is a violation).
22. Resolution approving and adopting a Recreation Fee Schedule to become effective December 1, 2021. This makes several important policy changes to the rental of facilities, as well as changes in fee structures. We added a monthly membership option last year, and this year are adding a discount rate for veterans.
23. Resolution approving and authorizing execution of a Second Amendment to Operating Agreement for Pheasant Ridge/Walters Golf Courses and Pro Shop with John J. Bermel. This extends the existing agreement for an additional five years. Details of the agreement are included in the memo; this has been a great partnership from all the evidence I've seen.
24. Resolution approving and adopting an Administrative Plan for Voluntary Property Acquisition funded under the Hazard Mitigation Grant Program. This plan is based on a state-provided template, and allows the city to move forward with additional flood buyouts in 2022.
25. Resolution approving a Mixed Use (MU) Residential Zoning District site plan for a car wash to be located at 1125 Fountains Way. This appears to be a good fit for this area; no concerns.
26. Resolution approving and authorizing execution of a First Amendment to the Subrecipient Agreement for Federally Funded Project with Eastside Ministerial Alliance, Inc. for Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. This requested change would allow EMA to provide assistance to qualified persons who have not been directly medically impacted by COVID.
27. Resolution receiving and filing, and rejecting all bids received for the Recreational River Area and Riverbank Improvements Project. This was a surprise last week -- the top bid contractor miscalculated their estimate, and so now all three bids are way over the city's estimate of $3.7M. We'll have to re-evaluate the design to see what can reasonably be accomplished.
28. Resolution approving and accepting the contract and bond of Boulder Contracting, LLC for the 2021 Street Patching Project. This would allocate $161K in taxpayer funds for necessary street patching.
29. Resolution approving the Certificate of Completion and accepting the work of Benton’s Sand & Gravel, Inc. for the 2020 Permeable Alley Project; and approving and authorizing the transfer of funds from the Street Construction Fund to the 2018 Storm Water Bond Fund relative to completion of the project. This approval would allow Benton's to be paid $134K in taxpayer funds for completed permeable alley construction.
30. Resolution approving and authorizing execution of Supplemental Agreement No. 4A to the Professional Service Agreement with Snyder & Associates, Inc. relative to the West Viking Industrial Park Expansion - Phase 1. This provides $88.5K in TIF Funds for the development of the West Viking Industrial Park.
31. Resolution approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with AECOM Technical Services, Inc. relative to 2021 survey services. This provides up to $98.5K in taxpayer funds to AECOM for several ongoing city projects.
32. Resolution approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with AECOM Technical Services, Inc. relative to the West 27th Street Reconstruction Project. This provides up to $242,900 to AECOM for engineering services on the W 27th Street Reconstruction Project.
33. Resolution setting November 15, 2021 as the date of public hearing on the City’s FFY20 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Programs. No concerns about the date.
34. Resolution setting November 15, 2021 as the date of public hearing on a proposed ordinance granting a partial property tax exemption for The Vault, LLC for construction of a storage/office facility at 6100 Production Drive. No concerns about the date.
35. Resolution receiving and filing, and setting November 15, 2021 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Greenhill Road & South Main Street Intersection Improvement Project. No concerns about the date.
36. Resolution setting November 15, 2021 as the date of hearing on the proposed condemnation of property located at 315 East Dunkerton Road. No concerns about the date.
37. Resolution setting November 15, 2021 as the date of hearing on the proposed condemnation of property located at 1227 West 22nd Street. No concerns about the date.
38. Resolution setting November 15, 2021 as the date of hearing on the proposed condemnation of property located at 710 West 13th Street. No concerns about the date.
39. Resolution setting November 15, 2021 as the date of hearing on the proposed condemnation of property located at 1303 Walnut Street. No concerns about the date.
Allow Bills and Claims
40. Allow Bills and Claims for November 1, 2021. The City Council is the approving authority for all bills and claims made against the city since the last council meeting.
City Council Referrals
City Council Updates
Staff Updates
Executive Session
41. Executive Session to discuss Collective Bargaining per Iowa Code Section 20.17(3) as negotiating sessions, strategy meetings of public employers, mediation, and the deliberative process of arbitrators; and 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. The City Council will move to executive session for these topics, and then return briefly for adjournment.
Adjournment
| Council Packet Link | |
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| Meeting Date | 11/01/21 |
