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Home >> Annotated Agendas >> Annotated Agenda for 10/4/2021

Annotated Agenda for 10/4/2021

On Monday night, the biggest topic is likely not the regular City Council meeting at 7pm, but in Committee of the Whole at 5:50.  In that committee meeting, the Council will learn more about -- and discuss -- the private parking requirements contained in the proposed Downtown zoning ordinance.    You can see the slides for this meeting by clicking the packet icon for Committee of the Whole at http://www.cedarfalls.com/852/Public-Meeting-Agendas-With-Video.  

In the regular meeting at 7pm, the council will consider a new condominium project on Cedar Heights Drive (Item #4) and a $75K partnership with the newly-established Cedar Falls Economic Development Corporation (Item #19).  I'm also eager to see council approval of Item 21, which is a new program for $24,999 (per unit) forgivable loans via CDBG funds for rental property owners investing in their units for Cedar Falls Housing Choice Voucher holders.  This is an important tool for increasing the stock and quality of affordable housing for low-to-moderate income renters. 

I hope you can join us in person or via the links below.  Thanks for doing the work to be an informed and engaged resident, as always.


The City is providing in-person and electronic options for this meeting in accordance with the Governor's Proclamation of Disaster Emergency regarding meetings and hearings. The City encourages in-person attendees to follow the latest CDC guidelines to reduce the risk of COVID-19 transmission. The meeting will 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/UCCzeig5nISdIEYisqah1uQ (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 September 20, 2021.  This simply adds the meeting minutes of 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

Special Presentations

2. Proclamation recognizing October 11, 2021 as Indigenous Peoples Day.

3. Proclamation recognizing October 2021 as Breast Cancer Awareness Month.

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

Special Order of Business

4. Public hearing on a proposed amendment to the Future Land Use Map by changing the designation from Office & Business Park to Medium Density Residential, and on the proposed rezoning from C-1, Commercial District to R-P, Planned Residence District of property located in the vicinity of Cedar Heights Drive and Valley High Drive.   This action would allow a strip of land on Cedar Heights just north of Greenhill Road to be developed into a six-unit condominium complex.   This is similar to other developmental projects along Cedar Heights Drive, and appears to have addressed the concerns of surrounding neighbors which were filed in May 2020.   There are a few connected resolutions and ordinanace changes which must be enacted as part of this action, so it is all being joined together in the same public hearing.

a) Receive and file proof of publication of notice of hearing. (Notice published September 24, 2021)
b) Written communications on file with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving an amendment to the Future Land Use Map by changing the designation from Office & Business Park to Medium Density Residential of property located west of Cedar Heights Drive and north of Greenhill Road.
f) Pass an ordinance 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 first consideration.
g) Resolution approving and authorizing execution of an R-P, Planned Residential Zoning District Developmental Procedures Agreement with LG Companies, LLC and Heartland Development of Cedar Valley, Inc., and approving an R-P District site plan relative to a residential condominium development.

Old Business

5. Pass Ordinance #2989, amending Section 26-118 of the Code of Ordinances by removing certain property located west of Cedar Heights Drive and north of Huntington Road from the A-1, Agricultural District and R-1, Residential Zoning District, and placing the same in the MU, Mixed Use Residential Zoning District, upon its third & final consideration.   This Zoning Map change has been discussed in previous meetings; this the last required reading in order for it to be adopted.

6. Resolution approving and authorizing execution of a Second Amended and Restated Mixed Use Zoning District Developmental Procedures Agreement with Oster Partners, L.P. and Greenhill Estates, Inc., and approving the updated Pinnacle Prairie Master Plan.   This updates their master plan to account for the changes being planed by Greenhill Estates viewable on page #151.

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.)

7. Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions:  The mayor appoints all boards and commissions members, with the consent of City Council.

a) Cathy Showalter, Civil Service Commission, term ending 04/07/2025.

8. Receive and file the Committee of the Whole minutes of September 20, 2021 relative to the following items:   This simply adds the meeting minutes of 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) Cedar Falls Economic Development Corp.

b) Political Campaigning on City Property.

c) Wastewater Facility Project and ARPA Funds.

9. Receive and file the Departmental Monthly Reports of August, 2021.   NThese reports are a great way to see what's happening each month in local government.  I was especially interested to see that The Falls Aquatic Center had its highest revenue year on record at $538,711.   This is after a very difficult 2020, with only $28,433 in revenue, so it's great to see the facility finish strong this year.  Way to go!

10. Approve the following Order Accepting Acknowledgment/Settlement Agreement:   The Cedar Falls Police performs state-funded checks on local tobacco outlets, so ensure compliance with state age purchasing restrictions.  Those that don't are fined and the individual clerk is fined as well. 

a) Casey’s General Store, 601 Main Street, First tobacco violation.

11. Approve the following applications for beer permits and liquor licenses:   The City Council is the approving authority for all alcohol permits in the city.

a) Metro Mart, 103 Franklin Street, Class C beer - renewal.
b) Murphy USA, 518 Brandilynn Boulevard, Class C beer - renewal.
c) The Landmark, 107 Main Street, Class C liquor & outdoor service - renewal.
d) Casey's General Store, 601 Main Street, Class E liquor - renewal.
e) Fareway Store, 214 North Magnolia Drive, Class E liquor - 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.)

12. Resolution levying a final assessment for costs incurred by the City to remove a hazardous tree on the property located at 1305 W 19th Street.   Dangerous trees are a special focus, since they can drop and damage neighboring property.  The city notifies property owners that the tree must be removed, and if the property owner is unable or not desiring to do so directly, the city will contract with a tree surgeon to remove the hazardous tree.  The cost is then assessed to the owner for payment over time.

13. Resolution levying a final assessment for costs incurred by the City to mow the property located at 2012 Vine Street.   Similar to #12, the city has a contractor mow significantly non-compliant properties, if the owner is not able or willing to do it themselves.

14. Resolution levying a final assessment for costs incurred by the City to remove a hazardous tree on the property located at 2404 Royal Drive. Same as #12.

15. Resolution approving and authorizing execution of an Agreement with Berry, Dunn, McNeil & Parker, LLC for professional services relative to the selection process for replacement of the City’s financial software.   This allows the city to move forward with $88K in consultant support for the purchase of a new financial software system for the city. Originally I thought, "Why do we need to hire somebody to tell us what to buy?".   But as I looked through the agreement (Pages 283-297), it is apparent that this financial system is a very important and expensive long-term investment.   It's vital that the city gets this right, especially in an age of increasing ransomware attacks.

16. Resolution approving and authorizing execution of a contract for renewal of the CLEAR for Law Enforcement Plus subscription with West Publishing Corporation relative to investigations and background checks conducted by the Public Safety Services Department.   This is a three-year contract for a $300/mo investigatory database tool. You can see details at https://legal.thomsonreuters.com/en/c/clear-investigation-solution. 

17. Resolution receiving and filing the bids, and approving and accepting the low bid of Boulder Contracting, LLC, in the amount of $161,197.60, for the 2021 Street Patching Project.   This action allows the city to move forward with this project.

18. Resolution approving and authorizing execution of an Acknowledgement and Reimbursement Agreement with the Iowa Economic Development Authority (IEDA) for the Certified Site Program relative to expansion of the Cedar Falls Industrial Park.  This agreement with IEDA is to reimburse them between $12,250 and $24,500 if the city sells off part of the expanded Industrial Park for something that's not industrial.  I don't foresee us ever doing that, because the whole idea is for industrial uses in that area.  No concerns about signing this agreement.

19. Resolution approving and authorizing execution of an Agreement to Enhance Economic Development in Cedar Falls with the Cedar Falls Economic Development Corporation.   The CFEDC is designed to serve as an agent of Cedar Falls in pursuing economic development projects.  These economic development corporations have been successful elsewhere (like MEDCO, which was created in Marion, Iowa in 1984).  I'm in favor of a $75K initial agreement, with a report to follow on how they have used the funds. 

20. Resolution approving and authorizing a Change Order to the Rehabilitation Contract with Tojo Construction Inc. relative to a HOME Housing Rehabilitation Project at 2512 Cedar Heights Drive.   Due to lead paint remediation requirements, a rehab contract has increased from $20,652 to $23,467. This requires council approval of the increased expenditure.

21. Resolution approving and adopting the Housing Rehabilitation Program for Rental Rehabilitation Projects, in conjunction with the FY19-23 Community Development Block Grant (CDBG) and HOME Consortium 5-Year Plan.  This plan will allow rental property five-year forgivable loans of $24,999 to rehab housing rented to a Cedar Falls Housing Choice Voucher holder.  I will ask staff how we will be ensuring that any non-fixed improvements (like a water heater) won't be installed and then removed to some other location during the five year required period.  I'm not even sure it's practical to move things around like that, but I'm curious.

22. Resolution approving and authorizing submission of a grant agreement to the Iowa Homeland Security and Emergency Management Division (HSEMD) for the Voluntary Property Acquisition Program funded through the Hazard Mitigation Grant Program, and authorizing the local match relative to the Northern Cedar Falls Buyout Program.   This action would make a city match of $224,706 available as part of a $1,498,040 state grant program to purchase nine properties in North Cedar that are in the floodplain.  We've had great success in this program, to moving property owners out of the floodplain. 

23. Resolution approving the Boe Minor Subdivision Plat.  This is a simple council action that turns three empty properties off West Greenhill Road into two larger ones.

24. Resolution setting October 18, 2021 as the date of public hearing on the proposed rezoning from R-1, Residence District and C-2, Commercial District to C-2, Commercial District of property located at 5424 University Avenue.   No concerns about the date of this public hearing.

25. Resolution receiving and filing, and setting October 18, 2021 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the City Hall Remodel Project.   No concerns about the date of this public hearing.

26. Resolution setting October 18, 2021 as the date of public hearing on the proposed adoption 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.   No concerns about the date of this public hearing.

27. Resolution setting October 18, 2021 as the date of public hearing on the proposed adoption by reference the 2021 International Fire Code, and associated revisions to Chapter 9, Fire Prevention and Protection of the Code of Ordinances.   No concerns about the date of this public hearing.

Allow Bills and Claims

28. Allow Bills and Claims of October 4, 2021.   The 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

Adjournment

Council Packet Link
Meeting Date
10/04/21