This Tuesday evening meeting has a relatively low count of seventeen items; most are fairly administrative. But three items (#14, 15, and 16) are considerations of a proposed 'backyard poultry' ordinance, which the Council had directed staff to create last July. I describe the overall approach to this new version (and my thoughts on it) in the annotations. I expect this discussion to take some time, since council members have the opportunity to amend the proposed ordinances as they see fit during this first consideration. I'm looking forward to an interesting debate.
Prior to the regular meeting, at 5:10pm the Council will hold a 40-ish minute work session to discuss Admin Policy #7, which are the rules used by Council during its meetings. This Council policy supersedes (is more 'powerful' than) the general Robert's Rules of Order that we also adhere to. The Council voted recently to discuss it in a work session, so on Tuesday we'll have the first of perhaps several meetings to discuss it, and possible changes that the Council would like to see in it. Rather than have staff prepare a draft of recommended changes for this meeting, I've instead instructed that we just give the Council the current document, so that the Council can have a broad conversation of what they like and don't like, without being prematurely swayed by staff or my recommendations. There's no required outcome from this session, but will be helpful to better understand the perspectives of the individual members.
After that, at 5:50 is Committee of the Whole, and at this meeting the Council will hear presentations on the 2021 Sidewalk Infill Project and an overview of the FY22 Budget.
All three of these meetings will be accessible via the access information below. I hope you'll be able to join us Tuesday evening for one or all of these important civic events. And as always, thank you for doing the work to be an informed and engaged citizen!
To protect against the spread of the COVID-19, the meeting will be held via video conference. 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 January 4, 2021. This action simply enters the minutes into the 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. Public hearing on the proposed funding distribution of the State's Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. This action is to approve the allocation of $341,608 in federal CARES Act funds for various projects and equipment in Cedar Falls. This funding list has been approved by the state, and I will ask for a list of these items to be presented during the Staff Comment portion of this hearing.
a) Receive and file proof of publication of notice of hearing. (Notice published January 8, 2021)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving the proposed funding distribution of the State's Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act.
Old Business
3. Pass Ordinance #2980, amending Chapter 20, Subdivisions of the Code of Ordinances relative to Final Plat Phasing, upon its third and final consideration. This is related to the construction of infrastructure in new subdivisions. No questions or concerns.
4. Resolution extending the face mask mandate for the City of Cedar Falls adopted by Resolution #22,097 on September 8, 2020, and extended by Resolution #22,140 on October 19, 2020 and Resolution #22,193 on December 7, 2020. This action would extend the existing mask requirement in Cedar Falls to March 3. I support this extension as the simplest way to reduce the spread of COVID-19 until a vaccine is readily available to the public.
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.)
5. Receive and file Mayor's Monthly Report for December 2020. In 2021, I plan to provide council with communication in the council packet, at the first meeting of the month, to meet the requirements of 2-187(b)(7) of the city code:
"The mayor shall make such oral or written reports to the city council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments and recommendations suitable for council action."
I inadvertently left the document out of the January 4th meeting, but will ensure it's in the first meeting of the month's packet going forward. In the past, such communications like a "Mayor's Update" have just been e-mailed straight to the council, but I believe that for transparency's sake, it's important to make this document easily available to the public as well.
6. Receive & file the resignation of Kei-Che Randle as a member of the Human Rights Commission effective October 5, 2020. Ms. Randle actually resigned in October, but her e-mail of resignation had not yet been received and filed by the council. This is a necessary step in order to make a new appointment in #7 directly below.
7. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: I've nominated these three citizens to fill out the remainder of the terms of three current vacancies. In June, with expected successful service, each may be appointed to additional three-year terms. My current priority is addressing racial inequality, and I believe each of these candidates brings important knowledge and skillsets to the table for effectively doing so, so were the best-qualified candidates among our impressive list of applicants.
a) Jordyn Beranek, Human Rights Commission, term ending 7/1/2021.
b) Melissa Heston, Human Rights Commission, term ending 7/1/2021.
c) Evan Renfro, Human Rights Commission, term ending 7/1/2021.
8. Receive and file the Committee of the Whole minutes of January 4, 2021 relative to the following items: This action simply enters the minutes into the 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) Downtown Vision Plan & code adoption process.
b) Special Event Permits/Sturgis Falls Agreement.
c) Pavement & Alley Management Program.
9. Approve the following applications for beer permits and liquor licenses: The council is the approving authority for all alcohol permits. No concerns.
a) Panchero's Mexican Grill, 6421 University Avenue, Class B beer - renewal.
b) Chad's Pizza and Restaurant, 909 West 23rd Street, Class C liquor & outdoor service - renewal.
c) Happy's Wine & Spirits, 5925 University Avenue, Class E liquor - renewal.
d) Tobacco Outlet Plus, 4116 University Avenue, Class E liquor - 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.)
10. Resolution approving the Certificate of Completion and accepting the work of K. Cunningham Construction Co., Inc. for the Center Street Recreational Trail Project. This allows the contractor to receive final payment for the project. Since the project was recommended for acceptance back in May 2020, I'm interested to know why eight months elapsed before it reached this stage for final approval; it seems like an abnormally long interval.
11. Resolution approving and accepting the low bid of Lodge Construction, Inc., in the amount of $510,298.75, for the Union Road Recreational Trail Project - West 12th Street to West 27th Street, and authorizing the City Engineer to execute the required contract, bond and insurance, using the Iowa Department of Transportation (IDOT) electronic file management system. This action allows Lodge Construction to proceed with the construction of the new rec trail on Union Road. I'm looking forward to moving pedestrians and cyclists off the road shoulder, for safety's sake.
12. Resolution approving and authorizing execution of an Entitlement Community Development Block Grant COVID-19 Program Contract with the Iowa Economic Development Authority relative to Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. This action allows city staff to move forward with the issuance of CARES Act funds to approved projects and partners.
13. Resolution setting February 1, 2021 as the date of public hearing on the maximum levy rate. No concerns about the setting of this date for this state-required public hearing.
Ordinances
The ordinance change requests in #14, 15, and 16 below are related, so I'll annotate them together. They begin on page 84 of the Council Packet. This is the third attempt to pass a "Backyard Chickens" ordinance (the previous ones occurred in 2016 and 2018). I supported the first one (though wasn't on Council at the time) and then I voted against the 2018 version for the reasons stated in this blogpost. I have no problems with the concept (many cities successfully allow urban chickens), but just don't believe it's wise to regulate chickens as though they were pets (they're not -- they're livestock). I'm glad they're referred to as "poultry" in the ordinance, as one small step to keep them from being thought of as pets that belong in a house.
I'm in favor of this 2021 version because it provides for a single license for all poultry annually (not one for each animal) to ensure that all owners can be tracked and accountable annually. It also requires a land use permit for the structure, so that the city can ensure that the coops meet the city's requirements (especially the 25-foot separation from residential dwellings).
We should know that this allowance is going to require some tweaks, but I believe this is a great start. As far as numbers go, and an expert tells me that chicks often have a minimum order of six to eight, so it sounds like six might be the lowest number we can practically go with. I'm thinking ten total might be too many, but that's really up to the council's discretion. I'm hoping they'll consider amendments to get the most council members on board as possible; this first reading is the time to do that, because changes can't be made in the 2nd and 3rd readings.
14. Pass an ordinance amending Chapter 6, Animals, of the Code of Ordinances relative to permitting poultry in residential areas, upon its first consideration.
15. Pass an ordinance amending Chapter 6, Animals, of the Code of Ordinances relative to establishing regulations for rear yard poultry in residential areas, upon its first consideration.
16. Pass an ordinance amending Chapter 15, Nuisances, of the Code of Ordinances relative to keeping poultry in residential areas, upon its first consideration.
Allow Bills and Payroll
17. Allow Bills and Payroll of January 19, 2021. The council is the approving authority on all city expenditures since the last 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 | |
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| Meeting Date | 01/19/21 |
