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Home >> Annotated Agendas >> Annotated Agenda for 11/16/20

Annotated Agenda for 11/16/20

Monday night's regular council meeting consists largely of administrative items and items not likely to generate significant comment.   Of note is the approval of the City's Annual Comprehensive Financial Report (Item #9) and the approval of the Human Rights Commission's annual report (Item #10).  Given the current national dialogue on racial injustice, we have a local obligation to ensure our residents and visitors experience a truly inclusive Cedar Falls.  The Human Rights Commission must be a key part of that effort.

In that vein, at 5:30pm the Council will be meeting in chambers, and the HRC remotely, in a work session to discuss the future of the commission. As a work session, there is not a time set aside for public comment here; it will be a great opportunity for the Council members to engage with the Human Rights Commission to learn more about their work, and to jointly discuss practical and aspirational expectations for the commission.  The public is welcome to attend and observe in person or via Zoom as well.

Thanks as always tor doing the work to be an informed and engaged citizen.  It requires a lot of reading, and a lot of critical thinking.  And we're a better city for it.  


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 November 2, 2020.  This simply 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

Special Order of Business

2. Planning and Zoning Commission Interview. This fills the recent vacancy.  Ms. Sears was recommended for appointment by the Mayor Pro Tem, Commission Chair, Departmental Director, Planning Manager, and Staff Liaison, and I have also found her to be fully qualified for this position.   Typically the interview happens in Committee of the Whole, but since we have a lengthy work session prior to this meeting, it made sense to do it at the regular council meeting. 

a) Interview of Abigail Sears. 

b) Approve the recommendation of the Mayor relative to the appointment of Abigail Sears to the Planning and Zoning Commission, term ending 11/01/2022.

3. Public hearing on the proposed rezoning from C-3, Commercial and R-4, Multiple Residence Districts, to C-3, Commercial District, of property located in the vicinity of West 22nd Street and College Street. This would make it so Bani's on College Hill isn't sitting on a plat with two different zoning rules.  No concerns; the change seems very reasonable to me.

a) Receive and file proof of publication of notice of hearing. (Notice published November 6, 2020)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Pass an ordinance amending Section 26-118 of the Code of Ordinances by rezoning from C-3, Commercial and R-4, Multiple Residence Districts, to C-3, Commercial District, of property located in the vicinity of West 22nd Street and College Street, upon its first consideration.

4. Public hearing on the proposed amendments to the FFY19 Annual Action Plan for Community Development Block Grant (CDBG) & HOME Program funding relative to the CARES Act. This allows the city to receive about $158K in funding from the U.S. Department of Housing and Urban Development, by amending our annual action plan to account for the increased funding.

a) Receive and file proof of publication of notice of hearing. (Notice published November 6, 2020)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving amendments to the FFY19 Annual Action Plan for Community Development Block Grant (CDBG) & HOME Program funding relative to the CARES Act.

Old Business

5. Pass Ordinance #2975, amending Chapter 22, Telecommunications, of the Code of Ordinances relative to placement of small wireless facilities, upon its third & final consideration. This has been discussed in a previous meeting; by FCC ruling the city must allow 5G service providers to put up small antennas; this ordinance just proactively states how and where those antennas may be placed. 

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.)

6. Receive and file the following proclamations:  As Mayor, I have the honor of designating and highlighting various ceremonial dates in the city.  This action enters these proclamations into the city record for posterity's sake.

a) Holiday Hoopla Day, November 27, 2020.

b) Civil Air Patrol Day, December 1, 2020.

c) Giving Tuesday and Cedar Falls Representative Citizens Day, December 1, 2020.

7. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions:  Each of these is a reappointment; my policy is to automatically reappoint as long as members are carrying out their role satisfactorily, including the minimum meeting attendance requirements.   Thanks to these dedicated citizens for their valuable contribution to the city's decisionmaking.

a) Helen Pearce, Housing Commission, term ending 12/31/2022.

b) Lindsay Pieters, Housing Commission, term ending 12/31/2022.

c) Don Timmerman, Housing Commission, term ending 12/31/2022.

8. Receive and file the Committee of the Whole minutes of November 2, 2020 relative to the following items:  This simply 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) Washington Street.

b) Nutrient Reduction Strategy.

9. Receive and file the FY2020 Comprehensive Annual Financial Report. There's a lot of detail to this report, which includes the independent auditor's report for the year.  It's worth reading, for an in-depth look at how the city is managing its finances, as well as a wide variety of other useful statistics and trends about the city.   

10. Receive and file the FY2020 Annual Report of the Cedar Falls Human Rights Commission. This provides detail into the past year's activities of the Human Rights Commission, which will be useful in determining the most appropriate direction for the commission going forward.

11. Approve an application for a temporary sign at 1807 Greenhill Drive, November 27-28, 2020. This is for a large display (Randall's Bull Signs) in a private driveway, for two days.  No concerns.

12. Approve the following applications for beer permits and liquor licenses:  City Council is the approving authority for all alcohol permits. 

a) Hansen's Dairy, 123 East 18th Street, Class C beer & Class B native wine - renewal.

b) LifeStyle Inn, 5826 University Avenue, Class B liquor - renewal.

c) Urban Pie, 200 State Street, Class C liquor & outdoor service - renewal.

d) Five Corners Liquor & Wine, 809 East 18th Street, 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.)

13. Resolution approving and authorizing execution of a Service Agreement and Business Associate Agreement with Infinisource, Inc., dba iSolved Benefit Services, relative to providing flexible spending account and health reimbursement arrangement services for 2021. The city contracts out its health flexible spending account management to a private vendor; no questions about this $9K contract.

14. Resolution levying a final assessment for costs incurred by the City to mow and clear overgrown vegetation on the property located at 710 West 13th Street. The city notifies private property owners when their yards are out of compliance with the city nuisance ordinance; if no action is taken after repeated warnings, the city contracts with a private company and assesses the property owner. 

15. Resolution levying a final assessment for costs incurred by the City to mow and clear overgrown vegetation on the property located at 1303 Walnut Street. Same as #14.

16. Resolution approving and authorizing execution of a Title VI Non-Discrimination Agreement with the Iowa Department of Transportation (IDOT). This agreement ensures the City will comply with the requirements of IDOT so that the city can continue to qualify for federal transportation project funding.

17. Resolution approving and authorizing execution of a First Amendment to Preconstruction Agreement for Primary Road Project with the Iowa Department of Transportation relative to the Iowa Highway 58 and Viking Road Intersection Improvement Project. This pre-construction agreement is being amended to remove an unnecessary aspect that is entirely under the state's jurisdiction.

18. Resolution approving and authorizing execution of an extension of three Red House Studio Leases relative to the use of 224 West Seerley Boulevard as artists' studio space, in conjunction with the Hearst Center’s Visiting Artist Program. The Hearst Center's Red Studio program allows artists to use a city-owned home for studio space.  That structure may eventually be taken down for an expansion of the Hearst Center, or another building project; I'm glad the space can see some positive cultural use for our community in the meantime.

19. Resolution approving and authorizing Change Order 1 to the Rehabilitation Contract with Daniels Home Improvement & Construction for a housing rehabilitation project relative to Community Development Block Grant (CDBG-CV) CARES Act funding. This is an approval of $2375 in unanticipated expenses for a home rehabilitation project.

20. Resolution approving five occupancy permits prior to the acceptance of public improvements in Prairie Winds 5th Addition. The rest of the infrastructure is complete, allowing the residents to safely occupy these new residences.  Incomplete are the reseeding and stabilization for drainage.  I concur with City staff's recommendation that no further permits be issued in this addition until these issues are corrected.

21. Resolution approving and authorizing execution of four Agreements for Professional Services relative to use of Community Development Block Grant (CDBG) funds, in conjunction with the FFY20 Annual Action Plan. The city annually provides grant funds to various non-governmental social service agencies that provide benefits to Cedar Falls.  Totals for disbursement are approximately $41K.

22. Resolution approving an S-1 Shopping Center Zoning District site plan for installation of an entrance canopy at 2302 West 1st Street. This is a straightforward request for a new entryway at the Thunder Ridge Mall.

23. Resolution approving a HWY-1 Highway Commercial Zoning District site plan for construction of a new car wash at 416 Brandilynn Boulevard. The existing car wash will be demolished, and a new one built in its place using new technologies.

24. Resolution approving and authorizing expenditure of funds to order brick pavers for the Downtown Streetscape and Reconstruction Project, Phase 2. This purchase is needed in order to have the required bricks available for the spring construction season.  These will help to finish out the new downtown sidewalks.

25. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with The Vault, LLC relative to a post-construction stormwater management plan at 6100 Production Drive. A straightforward, standard agreement for appropriately dealing with stormwater at this new building site.

26. Resolution approving and authorizing execution of four Owner Purchase Agreements, and four Temporary Construction Easements, in conjunction with the Cedar Heights Drive Reconstruction Project. These easements and agreements are necessary for the building of the new intersections and improving Cedar Heights Drive.

27. Resolution approving and authorizing execution of eight Owner Purchase Agreements, and approving and accepting eight Temporary Construction Easements, in conjunction with the Union Road Recreational Trail Project - West 12th Street to West 27th Street. These agreements are necessary for continuing with the installation of the Union Road Recreational Trail.

28. Resolution setting November 24, 2020 as the date of consultation and December 21, 2020 as the date of public hearing on a proposed Amendment No. 6 to the Downtown Development Area Urban Renewal Plan. No questions about the hearing date; it will occur at our last regular council meeting of the year.

29. Resolution setting November 24, 2020 as the date of consultation and December 21, 2020 as the date of public hearing on a proposed Amendment No. 6 to the Cedar Falls Unified Highway 58 Corridor Urban Renewal Plan. Same as #28.

Allow Bills and Payroll

30. Allow Bills and Payroll of November 16, 2020. The council must review and approve all city expenditures which have occurred since the last regular council meeting.

City Council Referrals

City Council Updates

Staff Updates

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

Adjournment

Council Packet Link
Meeting Date
11/16/20