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Home >> Annotated Agendas >> Annotated Agenda for 3/1/2021

Annotated Agenda for 3/1/2021

Monday night's council meeting includes a variety of items for consideration, including a Public Hearing on proposed changes to the zoning ordinance (Item #5), the third and final reading of the 'backyard poultry' ordinances (Items #6, 7, and 8), the disposition of two Public Events Permits for events during Sturgis Falls Weekend in June (Items #10 and 11), an extension of the moratorium of paid parking downtown (Item #22), a site plan for a new downtown restaurant (Item #26), and consideration of a plan to increase the number of bedrooms in a property in the College Hill Overlay District (Item #27). 

Prior to that meeting, the Council will meet in a Work Session at 5:10 to continue our ongoing discussion to clarify the roles and expectations for the mayor and administrator positions.    At 6pm the Council will meet in Committee of the Whole to hear a presentation by City Engineer Dave Wicke to compare the 2009 and 2013 versions of the City's 'complete streets' policy; this presentation is in response to a referral in our February 15th meeting to review that policy, prior to moving forward with any direction to staff regarding the reconstruction of Main Street (planned for design start this year).

These meetings will all be held in the Council Chambers in City Hall, since County Public Health's blackhawkcovid19.com website showed Black Hawk County at less than "High/Red" spread risk last Friday.   Council members, the public, and staff may still attend virtually if desired, using the links provided below.

As always, thank you for your continued engagement -- and for doing the hard work to be an informed citizen.
 


The meeting will also be accessible via video conference and the public may access/participate in the meeting in the following ways:

a) By dialing the phone number +13126266799 or +19292056099 or +12532158782 or +13017158592 or +13462487799 or +16699006833 and when prompted, enter the meeting ID (access code) 962 7287 1738.

b) iPhone one-tap: +13126266799,,96272871738# or +19292056099,,96272871738#

c) Join via smartphone or computer using this link: https://zoom.us/j/96272871738.

d) View the live stream on Channel 15 YouTube using this link: https://www.youtube.com/channel/UCCzeig5nIS-dIEYisqah1uQ (view only).

e) Watch on Cedar Falls Cable Channel 15 (view only).

To request to speak when allowed on the agenda, participants must click “Raise Hand” if connected by smartphone or computer, or press *9 if connected by telephone. All participants will be muted by the presiding officer when not actually speaking.


Call to Order by the Mayor

Roll Call

Approval of Minutes

1. Regular Meeting of February 15, 2021.  This action enters the minutes into the official record as an accurate reflection of what transpired in the meeting; it is not an appropriate time to debate the merits of the items themselves.

Agenda Revisions

Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)

Special Presentations

2. Proclamation recognizing Read Across America Day as March 2, 2021. No concerns.

3. Proclamation recognizing International Women's Day as March 8, 2021. No concerns.

Special Order of Business

4. Public hearing on the proposed lease agreement with the Cedar Falls Municipal Band relative to the Overman Park Band Shell. The Municipal Band owns the Overman Park Bandshell, and the City owns the property that the bandshell is on.   This required hearing is to consider the lease of the bandshell's land footprint to the Municipal Band for $1, as is customary in these kinds of relationships that benefit the city.

a) Receive and file proof of publication of notice of hearing. (Notice published February 19, 2021)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving and authorizing execution of a Lease Agreement with the Cedar Falls Municipal Band relative to the Overman Park Band Shell. 

5. Public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to adaptive re-use of institutional buildings. These amendments would allow churches and other similar buildings to be repurposed in neighborhoods, avoiding the need to tear down the structure.  We've seen similar repurposing along Main Street, and this would provide clearer guidance for developers looking to take on similar projects.

a) Receive and file proof of publication of notice of hearing. (Notice published February 19, 2021)

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 adaptive re-use of institutional buildings, upon its first consideration.

Old Business

Items 6, 7, and 8 are the final reading of the new 'backyard poultry' ordinances.  If approved this third time, then these new ordinances will be added to the city code and residents will be able to apply for the necessary permits and licenses to keep a number of poultry (chickens, ducks and other poultry) in an approved coop in their yard.

6. Pass Ordinance #2984, amending Chapter 6, Animals, of the Code of Ordinances relative to permitting poultry in residential areas, upon its third and final consideration.

7. Pass Ordinance #2985, amending Chapter 6, Animals, of the Code of Ordinances relative to establishing regulations for rear yard poultry in residential areas, upon its third and final consideration. (contingent upon approval of Ordinance #2984) 

8. Pass Ordinance #2983, amending Chapter 15, Nuisances, of the Code of Ordinances relative to keeping poultry in residential areas, upon its third and final consideration. (Contingent upon approval of Ordinances #2984 and #2985)

9. Resolution extending the face mask mandate for the City of Cedar Falls. With Black Hawk County still in Moderate Risk (orange), this mask mandate is up for consideration again, this time with a proposed five-week extension to April 7th.  The Council would have an opportunity to consider an additional extension during the meeting on April 5th.  

10. Resolution authorizing city staff to approve or deny the application of Cedar Basin Music Festival for a Public Event Permit for June 25-27, 2021, pursuant to provisions of the Code of Ordinances. In the last council meeting, the council voted to postpone consideration of this Public Event Permit to tonight, in order to have the opportunity to review a significant requested amendment to the proposed two-year agreement between Sturgis Falls Celebration, Inc. (SFC) and the city, which would occur on the same weekend.   Because the council decided in the last meeting to consider these three items (the two events permits and the SFC agreement) separately, I concur with staff's recommendation that Council allow the staff to approve the Cedar Basin Music Festival Event Permit in the same manner that it does all other event permits.      

11. Resolution authorizing city staff to approve or deny the application of Live-to-9 for a Public Event Permit for June 25-26, 2021, pursuant to provisions of the Code of Ordinances. Same as #10 above.

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.)

12. Receive and file Mayor's Monthly Report for February 2021. In 2021, I'll continue to describe my significant activities as Mayor to the council and public using this reporting approach. 

13. Receive and file a communication from the Mayor relative to establishing the Cedar Falls Racial Equity Task Force. This establishes the Task Force that council requested in one of our January meetings.  Their Executive Committee has already been assigned, and they are working now to select the remaining membership of the task force.

14. Receive and file the following resignations of members from Boards and Commissions: No concerns;  the city expresses its great thanks to both Ms. Bartlett and Ms. Weeg for their years of service to the city through boards and commissions service.   If interested in applying, you can learn more at bit.ly/cf-boards. 

a) Mary-Sue Bartlett, Art & Culture Board

b) Barbara Weeg, Board of Adjustment

15. Receive and file the Work Session minutes of the February 15, 2021 relative to the following item: This action enters the minutes into the official record as an accurate reflection of what transpired in the meeting; it is not an appropriate time to debate the merits of the items themselves.

a) Joint Work Session with Human Rights Commission to discuss future roles, responsibilities and City Council expectations for the Human Rights Commission.

16. Receive and file the Committee of the Whole minutes of February 15, 2021 relative to the following item: This action enters the minutes into the official record as an accurate reflection of what transpired in the meeting; it is not an appropriate time to debate the merits of the items themselves.

a) Request to extend suspension of paid parking in municipal lots.

17. Receive and file Departmental Monthly Reports of January, 2021. These monthly reports are very useful for understanding what the city departments have been doing on a month-by-month basis.

18. Approve the following applications for beer permits and liquor licenses: By City Code, the City Council is the approving authority for all alcohol licenses and permits.

a) Pheasant Ridge Golf Course, 3205 West 12th Street, Class B beer & outdoor service - renewal. 

b) College Square Cinema, 6301 University Avenue, Special Class C liquor – change in ownership.

c) Texas Roadhouse, 5715 University Avenue, Class C liquor – change in ownership.

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 the property located at 234 Clark Drive. By city code, the City notifies owners of properties with overgrowth and nuisance weeds,  assesses the cost of lawn mowing to property owners if they do not take action themselves.  

20. Resolution levying a final assessment for costs incurred by the City to mow the property located at 821 Madison Street. Same as #19 above.

21. Resolution levying a final assessment for costs incurred by the City to mow the property located at 2303 Washington Street. Same as #19 above.

22. Resolution extending the suspension of paid parking in municipal parking lots in the City of Cedar Falls. In the February 1st Committee of the Whole, the council consensus was to bring forward a resolution to extend the suspension of paid parking in municipal lots to August 1st.   Otherwise, the previous resolution was set to expire April 1st.

23. Resolution approving an amendment to the Deed of Dedication for McMahill First Addition, and ratifying and confirming approval of the final plat of McMahill First Addition. This is an administrative correction to the deed, between the city and the school district. 

24. Resolution approving and authorizing execution of an Agreement with Emergent Architecture for design services relative to the City Hall Remodel Project. This agreement commits $292K in taxpayer funds to the contractor for general architecture services related to the remodeling of City Hall, which has been listed in the Capital Improvements Program as a $4.5M project.   This project will especially repurpose the lower level of the building, which had been previously used as the Police Department's workspace.  

25. Resolution approving and authorizing execution of a Community Housing Development Organization (CHDO) Agreement with the City of Waterloo and Iowa Heartland Habitat for Humanity for the use of FY2021 Federal HOME Funds towards construction, acquisition and rehabilitation projects. This agreement provides funds to these two agencies in support of affordable housing efforts for our community.   I met recently with staff and Ali Parrish from Habitat to discuss the methodology and philosophy of Habitat's work, and was very impressed with their approaches for construction materials and architecture styles to fit new homes aesthetically into existing neighborhoods.

26. Resolution approving a Central Business District (CBD) Overlay Zoning District site plan for construction of a restaurant and outdoor patio at 108 East 4th Street. cThis plan is for the green space where Santa's Workshop had been placed in years past (that would be the patio) and the refurbishment of the old tire store just to the east as a restaurant.  I'm excited for this infill project which allows more productive use of this land for the benefit of the Cedar Falls downtown dynamic.

27. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for a remodel to double the numbers of bedrooms at 704-706 West 28th Street (P&Z recommended denial). This is the first time I can recall a project like this coming before council, and especially where P&Z has recommended denial.  But it highlights the fact that the P&Z is a recommending body only, and at the end of the day, it's the City Council that makes the final decision. 

28. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for construction of a driveway with landscaping improvements at 704-706 West 28th Street, as recommended by city staff. This is the same property as in #27, and the improvements require council approval because the property is located in an Overlay Zoning District.   These districts, by city code, require greater City Council oversight than properties in other areas of the city.

29. Resolution approving an S-1 Shopping Center District site plan for a build-out and facade improvements at 6607 University Avenue. This would allow changes to the layout for the building which houses Slumberland and the relocated Scratch Cupcakery, in order to house an expanded Starbeck's Barbecue.  These developments in the College Square area are an exciting and encouraging step in the revitalization & reinvestment of that area.  

30. Resolution receiving and filing the bids, and approving and accepting the low bid of Municipal Pipe Tool Company, LLC, in the amount of $198,189.80, for the 2021 Sanitary Sewer Rehabilitation Project. This action would allow the contractor to carry out necessary sanitary sewer rehab work.

31. Resolution receiving and filing the bids, and approving and accepting the low bid of K. Cunningham Construction Company, Inc., in the amount of $2,329,948.23, for the Downtown Streetscape and Reconstruction Project - Phase II. This action would allow the contractor to carry out the remainder of the streetscaping project downtown.  This same contractor did Phase 1 of the project, which is a wonderful aesthetic improvement to the downtown area.

32. Resolution approving the Certificate of Completion and accepting the work of Feldman Concrete for the 2020 Sidewalk Assessment Project - Zone 3. This action allows the contractor to be paid for the repair of sidewalks throughout the city. 

33. Resolution approving the Final Statement of Expenditures for the 2020 Sidewalk Assessment Project - Zone 3.This action allows the owners of properties with deficient sidewalks to be assessed for the cost of repair, if they did not have the sidewalks replaced themselves.

34. Resolution approving and authorizing execution of Supplemental Agreement No. 2 to the Professional Service Agreement with Terracon Consultants, Inc. to develop a work plan and site monitoring report relative to an Iowa Department of Natural Resources (DNR) Tier 2 Report, in conjunction with the West 1st Street Reconstruction Project. This is a standard requirement for these kinds of construction projects.

35. Resolution approving and authorizing execution of a Utilities Relocation and Easement Conveyance/Vacation Agreement with Qwest Corporation d/b/a CenturyLink QC relative to the Cedar Heights Drive Reconstruction Project. This agreement allows the city the easements and relocations needed to carry out the reconstruction of Cedar Heights Drive south of Greenhill Road, beginning this spring.

36. Resolution receiving and filing, and setting March 15, 2021 as the date of the public hearing, on the proposed plans, specifications, form of contract & estimate of cost for the 2021 Street Construction Project. No concerns about the setting of the hearing date.

Allow Bills and Claims

37. Allow Bills and Claims of March 1, 2021. The council is the approving authority on all bills and claims made against the city since the last council meeting. No concerns.

City Council Referrals 

City Council Updates 

Staff Updates 

Adjournment 

Council Packet Link
Meeting Date
02/01/21