Monday Night's 7pm Council meeting features the third reading of the proposed ordinances to eliminate the 2/3 override requirement for P&Z-disapproved decisions (Items #4 and 5) , and the updated Fireworks Ordinance (Item 3). The other key actions are a potential reconsideration of the storage unit development agreement that the council turned down 3-to-2 in our last meeting (Item #2). We also have some updated personnel policies (Items #13 and #14) as well as a proposed new funding schedule for The Falls Aquatic Center this upcoming year (Item #17).
At the Standing Committee meeting starting at 5:50, we'll hear an update from Grow Cedar Valley, and I'll brief the Committee of the Whole on three proposed new Council Policies -- one for Proclamations, one for Public Awards and Recognition, and one for Interviewing Candidates for Boards and Commissions. Currently, I don't see that the Mayor has any authority or direction under the City Code to do any of these things, so I want to make clear for everyone how the process will work going forward, with the Council's permission. I look forward to the Committee's thoughts on the proposed policies.
I hope you can join us in our refurbished new council chambers on Monday night, or livestream via YouTube or on Channel 15...and thanks as always for doing the heavy lifting to be an informed and engaged resident!
Call to Order by the Mayor
Roll Call
Pledge of Allegiance
Approval of Minutes
1. Regular meeting of November 21, 2022.
Agenda Revisions
Special Presentations
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics relevant to City business.)
Staff Updates
Old Business
2. Reconsider action taken relative to a resolution approving and authorizing execution of an Agreement for Private Development, and approving and authorizing execution of a Quit Claim Deed conveying certain city-owned real estate to CF Storage, L.L.C. The applicant is providing additional information relevant to this request; if council approves of the reconsideration, the applicant will have the ability to present this information in public.
3. Pass Ordinance #3020, amending Chapter 16, Offenses and Miscellaneous Provisions, of the Code of Ordinances relative to use of consumer fireworks within the City limits, upon its third & final consideration. This has been discussed in previous meetings.
4. Pass Ordinance #3021, 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 third & final consideration. This has been discussed in previous meetings.
5. Pass Ordinance #3022, 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 third & final consideration. This has been discussed in previous meetings.
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 resignation of Mary Carlson as a member of the Visitors & Tourism Board. Thanks to Mary for her service to the T&V Board.
7. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: Thanks to these two residents for their willingness to serve their community on this important commission.
a) Jim O'Loughlin, Historic Preservation Commission, term ending 03/31/2025.
b) Lindi Roelofse, Historic Preservation Commission, term ending 03/31/2025.
8. Receive and file a communication from the Mayor relative to the appointment of Noah Hackbart as Student Liaison, term ending 04/30/2023. I'm very glad to see a UNI Student Representative back in the city council chambers.
9. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: This list allows these two positions to be hired; we have been recruiting for a DEI Specialist since July, and I am glad to be nearing the end of this extended process.
a) Diversity, Equity, and Inclusion Specialist.
b) Engineering Technician I.
10. Receive and file Departmental Monthly Reports of October 2022. This provides the monthly activities of the city's hard-working staff in significant detail.
11. 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) Cedar Falls Family Restaurant, 2627 Center Street, Class B beer - renewal.
b) Cedar Falls Woman's Club, 304 Clay Street, Special Class C retail alcohol - renewal.
c) Lifestyle Inn, 5826 University Avenue, Class C retail alcohol - renewal.
d) Sharky's Fun House, 2223 College Street, Class C retail alcohol & outdoor service - renewal.
e) Hy-Vee Fast and Fresh, 6527 University Avenue, Class C beer & Class B wine – change in ownership.
f) Hansen's Dairy, 123 East 18th Street, Class B retail alcohol - 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.)
12. Resolution Calendar with items considered separately.
13. Resolution approving and adopting amendments to Personnel Policy 809: Disciplinary Procedures, for the City of Cedar Falls. This updated policy clarifies roles of various city personnel in its disciplinary proceedings. I insisted on the inclusion that any investigatory interviews be conducted by the person's supervisor, or the HR Manager, or an outside party (like our contracted legal support). I don't think it's fair to require a 'peer' of the accused person in the same department to do the investigation, especially if they both work for the same supervisor. This was actually a mayoral campaign item for me in 2019, and while it has been the usual practice since then, I'm very glad to see this committed to writing.
14. Resolution approving and adopting amendments to Personnel Policy 903: Grievance Procedure, for the City of Cedar Falls. The changes in the Grievance Procedure would remove the political "Administrative Committee" (all city council members) as the final stage of the grievance process for non-civil-service employees. No other city I'm aware of provides for political oversight of grieveances, and I believe the that the proper authority over personnel decisions is wth the City Administrator as the city's Chief Administrative Officer. If a grievance fails at the final level within the city, the complaint still has an external means for remediation through the district court. In principle, I believe the council's proper role is in providing broad direction to the administrator, and then holding the administrator accountable for the specific personnel policies that the administrator implements to enact the council's broad direction.
15. Resolution approving and authorizing execution of an Agreement with The Greg Prothman Company to perform recruitment services relative to the position of Principal Engineer. This is an additional Principal Engineer position, to take some of the workload that the city has consistently had to pay outside firms to handle, at considerable expense. The expected cost for the recruitment effort is shown on page 175 of the council packet.
16. Resolution approving and authorizing execution of an Agreement with IFC Studios relative to the Cedar Falls Public Library Branding Project. This is for $45K in Community Foundation and endowment funds to be spent on a major branding initiative, including new logo, mascot, website and print template. I strongly support this branding work, as the library is a unique feature of this city. Like The Falls, the Rec Center, and the Tourism Office, it warrants a unique brand and look apart from the standard City brand.
17. Resolution approving and adopting a Recreation Fee Schedule to become effective January 1, 2023. In addition to several small increases to account for inflation over the past several years, this schedule proposes a significant modification of the fees for The Falls. I have been working with staff this past year for a fee rate that incentivizes residents and non-residents alike to invest in annual passes, as the majority of disruptive issues we've dealt with over the past two years have been bt unsupervised young people on the daily rate. The $4 increase in the daily rate will help offset the enforcement costs by the Cedar Falls Police. My view is, if you're at The Falls Aquatic Center, it's to swim. We have to get the lifeguards away from dealing with continually disruptive and disrespectful behavior, and towards the genuine lifesaving work they're hired to do. The changed fee schedule is a key part of that.
18. Resolution approving and authorizing execution of a Subaward Agreement with the Iowa Department of Homeland Security and Emergency Management Division (HSEMD) for Building Resilient Infrastructure and Communities (BRIC) Program grant funding relative to Stormwater Resilience Planning. This would apply $40K in taxpayer funds to a $259K federal grant to conduct a major stormwater assessment for our community. This is in keeping with the Resilience Plan's action item to better prepare for extreme rainfall events, and I support it.
19. Resolution approving and authorizing execution of an Agreement with Iowa Northland Regional Council of Governments (INRCOG) for grant administration services of an Iowa Department of Homeland Security and Emergency Management Division (HSEMD) Building Resilient Infrastructure and Communities (BRIC) Program grant relative to Stormwater Resilience Planning. This would allow INRCOG to take the role of administering the project in #18 if approved.
20. Resolution approving and authorizing execution of two Vacancy Agreements, in conjunction with the Main Street Reconstruction Project. This agreement would pay the owner of 1203 Main Street for keeping his property vacant from June 2022 to the time that the building is purchased by the city and demolished. I will ask for the date we expect to purchase the property, as every month presents $1800 that we would not have to pay if we outright purchased the property.
21. Resolution approving the Certificate of Completion and accepting the work of Boulder Contracting, LLC for the 2021 Street Patching Project. This would allow the contractor to be paid for the finished work.
22. Resolution approving and authorizing execution of a Contracted Education Proposal with Black Hawk County Conservation (BHCC) thru a partnership with Hartman Reserve Nature Center to provide public outreach and educational programs relative to improving water quality for the period of July 1, 2023 - June 30, 2026. This would pay BHCC $1685 out of the stormwater fund to meet a public education requirement for our federal MS4 stormwater system permit.
23. Resolution approving and authorizing execution of an Amended and Substituted Storm Water Maintenance and Repair Agreement with Tooth Trio, LLC relative to a post-construction stormwater management plan for 9219 University Avenue. These stormwater agreements are a standard feature of building construction, and are required by our code and the EPA.
24. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with Community United Child Care Centers (CUCCC) relative to a post-construction stormwater management plan for 5109 Nordic Drive. These stormwater agreements are a standard feature of building construction, and are required by our code and the EPA.
25. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with D & D Midwest Investments, L.L.C. relative to a post-construction stormwater management plan for 5630 Westminster Drive. These stormwater agreements are a standard feature of building construction, and are required by our code and the EPA.
26. Resolution setting December 19, 2022 as the date of public hearing on a proposal to grant city-owned real estate to Cedar Falls Utilities by means of a non-exclusive permanent easement for the relocation of utilities. No concerns about the hearing date.
27. Resolution determining the necessity, and setting December 13, 2022 as the date of consultation and January 3, 2023 as the date of public hearing on a proposed Southwest Cedar Falls Urban Renewal Plan for a proposed urban renewal area. No concerns about the hearing date.
Allow Bills and Claims
28. Allow Bills and Claims for December 5, 2022. The council is the approving authority for all bills and claims made against the city since the previous council meeting.
Council Updates and Announcements
Council Referrals
Executive Session
29. Executive Session to discuss confidential records per Iowa Code Section 21.5(1)(a) to review or discuss records which are required or authorized by state or federal law to be kept confidential.
Adjournment
| Council Packet Link | |
|---|---|
| Meeting Date | 12/05/22 |
