Monday night's regular council meeting at 7pm has two big items of civic interest. The first is Item #5, where the council will be considering changes to the council's override threshold for Planning & Zoning recommendations. The Council will also have its first reading of changes to the new Fireworks Ordinance in Item #25.
Prior to this meeting, the council members will have a meeting at 5:55 to receive the Human Rights Commission's annual report, discuss a few changes to the Council Meeting Procedures, and hear from UNI Athletics about their capital project for the UNI Dome and an ask for financial support from the City.
I hope you can join us in-person at the Community Center, or on Cable TV Channel 15, or livestreaming on the City's YouTube channel.
Also, I've been doing these annotated agendas for more than council 100 meetings now. I do these partly for my own benefit; I refer to them a lot when trying to remember what we voted on, and when, since 2018. Taking the three or four hours to carefully read and annotate the packets helps keep me accountable -- that I actually know and understand everything the Council's voting on. Even though there aren't a lot of comments on the Facebook posts, I've heard from many residents who appreciate that I do this. I'll keep doing it -- thanks so much for reading them, and for doing the hard work to be an informed and engaged resident. Our American Democratic Experiment is counting on it -- and we must never, ever take this republic for granted!
Call to Order by the Mayor
Roll Call
Pledge of Allegiance
Approval of Minutes These approvals simply enter the minutes into the public record as an accurate reflection of what transpired in the meeting; it is not an appropriate time to debate the merits of what was presented in those meetings.
1. Regular meeting of October 3, 2022.
2. Special meeting of September 26, 2022.
Agenda Revisions
Special Presentations
3. Proclamation recognizing October 19, 2022 as Gentleman Day.
4. Proclamation recognizing October 22, 2022 as Altrusa Make A Difference Day.
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
5. Public hearing on proposed amendments to Section 18-23(5) and Section 26-4(c) of the Code of Ordinances relative to voting threshold required to override Planning and Zoning Commission. This item had been referred by the City Council to the Community Development Standing Committee, which returned a recommendation to the Council that the current 2/3 majority override (5 of 7 council members) for P&Z recommendations be changed to a simple majority (4 of 7 council members). In a recent blog post, I described the dynamics of the current override process; much detail is included in the council packet for your consideration. Spoiler alert: I think changing it is a bad idea, and harmful to the long-term stability of the city. I intend to veto if the council majority votes to change the override rules.
a) Receive and file proof of publication of notice of hearing. (Notice published October 7, 2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Pass an ordinance amending Section 18-23(5), Powers and duties of the Planning and Zoning Commission, of the Code of Ordinances relative to removing 2/3 majority vote required by City Council to approve amendments to the City's comprehensive plan that are disapproved by the Planning and Zoning Commission, upon its first consideration.
f) Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to removing the 2/3 majority vote required by City Council to approve zoning amendments that are disapproved by the Planning and Zoning Commission, upon its first consideration.
Old Business
6. Pass Ordinance #3018, amending Chapter 24, Utilities, of the Code of Ordinances relative to establishing the 27th Street Sanitary Sewer Extension District, upon its second consideration. This item is a fairly routine administrative change to the code, and was not controversial in the last council meeting. This will be the second of three required readings (approvals) by the Council for it to be adopted.
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.)
7. Receive and file the City Council Standing Committee minutes of October 3, 2022 relative to the following items. The Public Safety Standing Committee discussed the current Fireworks Ordinance and recommended some changes for next year, which will be voted on as Item #25 below.
a) Review of Fireworks Ordinance.
8. Receive and file the resignation of LeaAnn Saul as a member of the Planning & Zoning Commission.
9. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: Thanks so much to Mr. Leeper and Dr. Grubovych for their continued service on the Planning and Zoning Commission. I have a written policy of not renewing the appointments of members who pass twenty years of service, in order to strike a balance between invaluable experience and fresh perspectives. That's the ONLY reason I'm not re-appointing Mardy Holst, who has been an INCREDIBLE civic leader and thinker for nearly 23 years on the Planning & Zoning Commission.
a) Brad Leeper, Planning & Zoning Commission, term ending 11/01/2027.
b) Oksana Grybovych Hafermann, Planning & Zoning Commission, term ending 11/01/2027.
10. Receive and file a communication from the Civil Service Commission relative to the certified list for the position of Horticulturist in the Public Works Department. The Civil Service Commission has vetted the candidates for the Horticulturalist position and has narrowed down to six qualified candidates. In the position description, I added the responsibility to understand tallgrass and pollinator prairie management, and I look forward to the new Horticulturalist's leadership in this area, as we seek to convert unused city property from mowed, sprayed turf to more sustainable pollinator prairie.
11. Receive and file the FY2022 Annual Report of the Cedar Falls Human Rights Commission. The Human Rights Commission has had a significant turnover and recently increased its number of members; I look forward to the council engaging with this group this evening, to better understand the HRC's plans and direction for the coming year.
12. Approve the application of Great Wall China, 2125 College Street, Suite D, for a cigarette/tobacco/nicotine/vapor permit. The City Council is the approving authority for these kinds of permits in the city.
13. Approve the following applications for beer permits and liquor licenses: The City Council is the approving authority for all alcohol permits and liquor licenses.
a) Hilton Garden Inn, 7213 Nordic Drive, Class B liquor, Class B native wine & outdoor service - renewal.
b) Fareway Store, 4500 South Main Street, Class E liquor – renewal.
c) Great Wall of China, 2125 College Street, Class C beer & Class B wine - new.
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.)
14. Resolution approving and adopting amendments to certain Personnel Policies for the City of Cedar Falls. I have reviewed and provided input on these policies regarding Hiring, Educational Assistance and Nepotism, and have no concerns. By City Code, the council is the approving authority for all Administrative Policies and Personnel Policies.
15. Resolution approving and adopting the rate of $3.89 per $1,000 taxable value for the Downtown Cedar Falls Self-Supported Municipal Improvement District (SSMID) for FY24. This annual SSMID rate adoption occurs each Fall, and this year's rate of $3.89 is the same as last year.
16. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for relocation of a garage to 1214 West 20th Street. No concerns about this construction request. In the new Downtown Character District, this kind of item is handled by staff, and is approved administratively as long as the Zoning Ordinance requirements are met. I would very much like to get political considerations out of the development and redevelopment process.
17. Resolution approving and accepting four Warranty Deeds, one Release of Real Estate Mortgage, and four Flood Mitigation Deed Restrictions, in conjunction with the Northern Cedar Falls Flood Buyout Program. This is part of the ongoing effort to relocate residents out of the floodplain; everything makes sense except that the four property owners appear to be getting paid $1 for the land...I 'm sure the owners are being compensated more than that, but I don't see it in the documentation. I'll ask staff on Monday morning for clarification.
18. Resolution approving and authorizing execution of a Demolition Project Contract with Lehman Trucking & Excavating Inc., in conjunction with the Northern Cedar Falls Flood Buyout Program. This is a contract with Lehman so that the homes in #17 above can be demolished.
19. Resolution approving and authorizing execution of one Owner Purchase Agreement; and approving and accepting one Temporary Construction Easement, in conjunction with the Main Street Reconstruction (6th Street to University) Project. This is an ongoing legal project to obtain from property owners the necessary permissions to carry out construction and other activities along Main Street as part of the project described in Item #20 below.
20. Resolution receiving and filing, and setting November 7, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Main Street Reconstruction Project. No concerns about the hearing date.
21. Resolution receiving and filing, and setting November 7, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Cedar River Recreational Improvements Project. No concerns about the hearing date.
22. Resolution setting November 7, 2022 as the date of public hearing on a proposal to vacate a portion of sanitary sewer easement located at 3718 Apollo Lane. No concerns about the hearing date.
23. Resolution setting November 7, 2022 as the date of public hearing on the City’s FFY21 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Programs. No concerns about the hearing date.
24. Resolution setting November 7, 2022 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to eliminating the shared parking requirement and increasing residential parking requirements in the Downtown Character District (CD-DT) to one parking space per bedroom. No concerns about the hearing date.
Ordinances
25. Pass an ordinance amending Chapter 16, Offenses and Miscellaneous Provisions, of the Code of Ordinances relative to use of consumer fireworks within the City limits, upon its first consideration. This change to the ordinance would set the window as for use as noon to 10:30pm on any days the city allows fireworks. I agree it was just too confusing to have different end times depending on what day it is. Also, the new code would set July 3 and 4 as "definite fireworks days", with the council having the option to add one or more days by resolution if it makes sense. Also, this sadly (but necessarily) changes violations from just a "municipal infraction" (kind of like a parking violation) to an actual crime (kind of like speeding), as required by state law. I hate the idea of people being charged with a crime for using fireworks, but the state legislature hasn't given us a choice when it comes to enforcement. After consideration, I'm going to recommend one amendment, of changing the date that the next year's "extra date" must be decided, from December 31 to January 31, to give a newly seated council the opportunity to make this decision for themselves.
Allow Bills and Claims
26. Allow Bills and Claims for October 17, 2022. The council is the approving authority for all bills and claims made against the city since the previous council meeting.
Council Referrals
Council Updates and Announcements
Adjournment
| Council Packet Link | |
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| Meeting Date | 10/17/22 |
