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Home >> Annotated Agendas >> Annotated Agenda for 1/4/2021

Annotated Agenda for 1/4/2021

Monday night's council meeting contains the approval of the city's Capital Improvements Program (CIP) for FY2022-2026.  This approval is required to move forward with the finalization of the FY2022 budget.  Also included are proposed changes to Admin Policy #7, which is the council's rulebook for how council meetings will be conducted. Also, three ordinance changes are up for third and final approval. Also, in Special Presentations, I look forward to proclaiming 2021 as "The Year of the Neighborhood" in Cedar Falls, with a reading of the proclamation.

Prior to the regular council meeting at 7pm, the council will meet in Committee of the Whole at 5pm to hear staff presentations on the status and process of the Downtown Visioning Plan, Special Event Permit / Sturgis Falls Agreement, and the Pavement & Alley Management Program.  The Sturgis Falls Agreement should be of special interest;  I understand it, the Sturgis Falls Celebration group is seeking a monopoly on all of downtown's public space during Sturgis Falls Weekend, whereas the Live-to-9 group wants to be able to hold its own event, vendors, etc. in the proximity of the new downtown plaza, which it says will "compliment" Sturgis Falls weekend, not take away from it.  It's not a simple black-and-white resolution, and I'm looking forward to hearing the perspective of both sides. 

Just as a reminder, both meetings will be held virtually due to the blackhawkcovid19.com risk level;  I hope you can join us via Zoom, Channel 15, or streaming on YouTube. Thank you for your interest in local civics, and for doing the work to be an informed and engaged resident!


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 December 21, 2020. This simply enters these 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 Presentations

2. Proclamation recognizing the year 2021 as the Year of the Neighborhood. I'm looking forward to introducing several new neighborhood-centric initiatives in 2021 and advocating for neighborhood collaboration and activities.  I'd debated waiting until 2022, given that there's a quite a bit of COVID fatigue and concern for the uncertainties of 2021.  But I decided, if there's any time we need to come together as a community, it's now...even if we have to do it at a bit of a distance for now.

Special Order of Business

3. Public hearing on the proposed FY2021-FY2026 Capital Improvements Program (CIP).  This item in the council packet lists all the major projects anticipated in the next five years.  As a data guy, I think it's a fantastic tool to understand what's going to be worked on in the next couple of years.  The current year items are pretty well locked-in, but future years are still very much up for debate and reprioritization (or cancellation!) as the council dictates.

a) Receive and file proof of publication of notice of hearing. (Notice published December 22, 2020)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving and adopting the FY2021-FY2026 Capital Improvements Program (CIP).

4. Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects. This follow-on to #3 allows the city to bond for projects as necessary to cover the costs of items in the CIP.

Old Business

5. Pass Ordinance #2977, amending Chapter 12, Human Relations, of the Code of Ordinances relative to the Human Rights Commission, upon its third and final consideration. This was discussed in previous meetings; the code is being amended to eliminate duplicative definitions that already exist at the state level, and to redirect the HRC's mission from investigation to education/outreach/research/advocacy.

6. Pass Ordinance #2978, amending Chapter 23, Traffic and Motor Vehicles of the Code of Ordinances relative to the use of electric-assist bicycles on City recreational trails, upon its third and final consideration. This was discussed in previous meetings; it would define electric bicycles, or eBikes, as "electric-assist bicycles" as distinguished from "motorized bicycles" and require riders to be at least 14 years of age.   No concerns about the change, although as I've said previously, I would like to see a maximum speed posted for all recreation trails.

7. Pass Ordinance #2979, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking of commercial trucks and trailers on residential streets, upon its third and final consideration. This was discussed previously; it would require commercial trucks and trailers to be parked off-street unless actively engaged on a job on-site.

8. Pass Ordinance #2980, amending Chapter 20, Subdivisions of the Code of Ordinances relative to Final Plat Phasing, upon its second consideration. This change is to address concerns about the timeliness of connecting new streets, so that traffic doesn't become a problem on existing streets.

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.)

9. Receive and file the report of the Mayor relative to the appointment of Mayor Pro Tem for 2021. I am appointing Council Member Harding as the Mayor Pro Tem for 2021, and thank Council Member Darrah for his service as Pro Tem in 2020. 

10. Receive and file the report of the Mayor relative to the appointment of standing committees for 2021. Administrative Policy #7 lists two committees (Committee of the Whole and the Administration Committee), whereas the City Code lists three Committees (Administration, Public Works, and Community Relations and Planning).  Previous mayors have only used the two committees in Admin Rule #7, but I believe I have to use the ones listed in City Code because, as I understand it, a City Code supersedes any conflicting rules or policies.   This is one of many discrepancies in our City Code and rules that I hope we can address this calendar year.

11. Approve the following recommendations of the Mayor relative to the appointment of Councilmembers to Appeals Boards for 2021: While I would like to have more council members serving on these boards, the City is required to have an equal balance of men and women (or, as closely as possible).   So, as in the past, I'm appointing the female council members to these seats.  My goal in the future is to appoint more women as openings occur, and hope to see more applications this year.

a) Daryl Kruse, Board of Appeals, term ending 12/31/2021.

b) Kelly Dunn, Board of Electrical Appeals, term ending 12/31/2021.

c) Susan deBuhr, Board of Mechanical Appeals, term ending 12/31/2021.

d) Susan deBuhr, Board of Plumbing Appeals, term ending 12/31/2021.

12. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: Thank you to the public members and professionals who are serving on these appeals boards.  Though they rarely ever meet, they're required by the international codes that Cedar Falls has adopted.

a) John Gadow, Board of Plumbing Appeals, term ending 12/31/2024.

b) Nathan Gruber, Board of Plumbing Appeals, term ending 12/31/2023.

c) Dave Krejchi, Board of Mechanical Appeals, term ending 12/31/2024.

d) Tom Stickfort, Board of Electrical Appeals, term ending 12/31/2024.

13. Receive and file the Committee of the Whole minutes of December 21, 2020 relative to the following item: This simply enters these 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) Capital Improvements Program (CIP) – Joint Meeting with Planning & Zoning Commission.

14. Receive and file the Council Work Session minutes of December 21, 2020 relative to the following items:  This simply enters these 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. As an addendum to the minutes, I'll note that I will not pursue any further action on these two topics in 2021, in order to give ample time for public input and discussion.

a) Discussion of proposed ordinance changes for mayor and city administrator duties and responsibilities.

b) Discussion of proposed ordinance change to strike “full-time” from the mayor position description and reduce compensation. 

15. Receive and file Departmental Monthly Reports for November 2020. The monthly reports give excellent insight into the operations of government, and are worth reading!

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

a) Cedar Falls Family Restaurant, 2627 Center Street, Special Class C liquor - renewal.

b) Sharky's Fun House, 2223 College Street, Class C liquor & outdoor service - 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.)

17. Resolution approving and adopting amendments to Administrative Policy No. 7, City Council Meeting Procedures. My cover memo describes the changes first proposed by the City Council during Goal Setting in November.  The first change is to move "Public Forum" near the front of the council meeting, rather than at the end, to encourage more public participation (people can easily make their statement and leave, if desired).   I support this change for 2021; we'll see how it works out.   The second proposed change is to reduce speaker time from five minutes to three minutes.  As I state in the cover memo, I don't support this change solely because it's directed at a single person.  On principle, I don't support making up new rules simply as a reaction to a single person's actions.   Other remedies exist.   

The rest of the "redlines" in the document are just to update the sections in the city code that the rules refer to.  Having looked at other city codes, I don't understand why we even list all these rules in the city code, because they're really "laws", just parliamentary procedure straight from Robert's Rules.   But fixing that is a discussion for another time. 

18. 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 FY22. A self-imposed property tax on all Downtown properties.  This rate is unchanged from last year.  The SSMID tax is used to fund Community Main Street, Inc. and its efforts to continually improve and promote our downtown.

19. Resolution approving and authorizing execution of a Settlement Agreement and Release with James Lown Properties, LLC relative to the West 1st Street Reconstruction Project. This provides $118K to the owner of the Garden Apartments on West 1st Street, since a part of his front property had to be purchased for the widening of West 1st Street.

20. Resolution approving and authorizing expenditure of funds for the purchase of a Microsoft Enterprise License relative to upgrading operating systems of the city's computer network servers. This action would dedicate $40K to this previously-approved project, as the current software is at the end of its service life.

21. Resolution approving and authorizing execution of an Owner Purchase Agreement, and approving and accepting a Temporary Construction Easement, in conjunction with the Cedar Heights Drive Reconstruction Project. This would dedicate $2K in taxpayer funds toward obtaining a temporary easement on this property, for construction vehicles and installation of infrastructure.  No questions.

22. Resolution approving and authorizing execution of an Owner Purchase Agreement, and approving and accepting a Permanent Sanitary Sewer Easement Agreement and Temporary Construction Easement, in conjunction with the Oak Park Sanitary Sewer Repair Project. This would dedicate $13K in taxpayer funds to a residential property owner for the use of their property as part of a sewer line repair.  Since permanent easements create a 'force field' where residents can't make substantive improvements on their own property, it's customary for the owner to receive fair payment in compensation for this new restriction.

23. Resolution approving the Carolan Minor Plat No. 1. A property owner on West 1st Street has constructed a new duplex.  The owner wishes to make each unit its own legal property, which isn't uncommon.  No questions or concerns.

24. Resolution setting January 19, 2021 as the date of public hearing on proposed funding distribution of the State’s Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. No concerns about the date selected for this hearing.  The next regular meeting will be on Tuesday night, as Monday night is a recognized holiday.

Allow Bills and Payroll

25. Allow Bills and Payroll of January 4, 2021. The council reviews and approves all city expenditures which have occurred since the previous 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
01/04/21