While there are several significant items for discussion in the regular meeting, the big topic of the evening will likely be the Main Street Design Presentation at Committee of the Whole which starts at 5:50pm. This will be the first time Council has discussed this since mid-2017, when the decision was made to defer a decision by several years. Now we have several new council members and different mayor, so it's basically an entirely new discussion of the design study completed nearly four years ago.
The regular council meeting starts at 7pm, and includes a tax levy hearing (Item #2), the second reading of the new chicken ordinance (Item #3, 4, and 5), a Human Rights Commission appointment (#7), discussion of the proposed Council Goals for FY2022 (Item #15), a change in the city's Council Meeting rules to put Public Forum at the front of the meeting (Item #16), new options for Rec Center memberships & other fees (Item #21), and several changes in Pinnacle Prairie (Items #26 to #29).
Because the County's COVID risk scale at blackhawkcovid19.com still showed "Red/High" as of Friday 8am, the meetings will be held entirely virtually on Monday night. Please join us online in Zoom to participate, or watch streaming online via YouTube or Channel 15. Thanks as always 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 January 19, 2021. This action simply enters the minutes into the official record as an accurate reflection of what transpired at the meeting; it is not a time to debate the merits of the items themselves.
Agenda Revisions
Special Order of Business
2. Public hearing on the proposed maximum levy for affected property tax levies for FY2022. A new-ish state law requires that a public hearing be held in order to approve and adopt the property tax levy for the next fiscal year. Director Rodenbeck will present to the council what the proposed rate is, and why.
a) Receive and file proof of publication of notice of hearing. (Notice published January 21, 2021)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving and adopting the maximum levy for affected property tax levies for FY2022.
Old Business
3. Pass Ordinance #2981, amending Chapter 6, Animals, of the Code of Ordinances relative to permitting poultry in residential areas, upon its second consideration. This was voted on during the last meeting, and staff has presented some concerns regarding the amended proposal from January 19th. Specifically, staff explains in the cover memo that the new language of requiring animal pens to conform to accepted standards of animal husbandry would be very difficult to enforce, as no state law or requirements exist for the poultry proposed.
I will recommend to the council that the ordinance be approved on the second consideration "as is", and to address deficiencies as they present themselves down the road. We've been stuck on 'near approval' for years. It's important to appreciate that we are not going to get this perfect right out of the gate, and it's unrealistic to expect so. Iterative changes in the future will be key.
I don't want the staff to have to spend more time on research for an issue that matters a great deal only to a very small number of residents. We have much more pressing matters to spend limited council and staff time on. I'd like to get this approved as soon as possible or move on to other things.
4. Pass Ordinance #2982, amending Chapter 6, Animals, of the Code of Ordinances relative to establishing regulations for rear yard poultry in residential areas, upon its second consideration. (Contingent upon approval of Ordinance #2982 as presented) Same as #3.
5. Pass Ordinance #2983, amending Chapter 15, Nuisances, of the Code of Ordinances relative to keeping poultry in residential areas, upon its second consideration. (Contingent upon approval of previous ordinances as presented) Same as #3.
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 Mayor's Monthly Report for January 2021. I will continue this year to provide a written report to the council and public some past and anticipated activities as mayor. This is to comply with City Code which requires written or oral reports from the mayor at the first meeting of the month. I believe this requirement dates back to even before the 1920's; if the council does not wish to receive these reports, I will look for them to change the City Code.
7. Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions: Thanks to Pastor Kivett for agreeing to serve on the commission; his experience on, and relationships within, the Black Hawk County NAACP Executive Committee and the Cedar Valley Interfaith Council will be an asset to the Human Rights Commission.
a) David Kivett, Human Rights Commission, term ending 7/1/2022.
8. Receive and file the Work Session minutes of the January 19, 2021 relative to the following item: This action simply enters the minutes into the official record as an accurate reflection of what transpired at the meeting; it is not a time to debate the merits of the items themselves. The council's desired changes from this meeting have been incorporated into Item #16 below.
a) Administrative Policy No. 7.
9. Receive and file the Committee of the Whole minutes of January 19, 2021 relative to the following items: This action simply enters the minutes into the official record as an accurate reflection of what transpired at the meeting; it is not a time to debate the merits of the items themselves.
a) Community Development Block Grant (CDBG) Sidewalk Infill Project.
b) FY22 Budget Presentation.
10. Receive and file Departmental Monthly Reports of December, 2020. This is a great synopsis of city activity, worth reading every month.
11. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: The Civil Service Commission ensures that these selection processes are carried out in accordance with the state's civil service rules. The candidates are offered the positions in the rank order they appear on the list.
a) Engineering Technician I.
b) Maintenance Worker.
c) Wastewater Treatment Operator I.
12. Approve a request for a temporary sign at 3619 Carlton Drive on February 7, 2021. Fun fact, the deployment of the giant bull trailer requires a city permit. This is for a resident's 60th birthday.
13. Approve the application of Tobacco Outlet Plus #561, 4116 University Avenue, Units 104-105, for a cigarette/tobacco/nicotine/vapor permit. The City Council is the approval of all tobacco and nicotine permits. Quitting the use of these dangerous substances is one of the best investments you can make in your life. Visit the CDC website for more information.
14. Approve the following applications for beer permits and liquor licenses: The City Council is the approving authority for all alcohol-related permits.
a) Hy-Vee Gas, 6527 University Avenue, Class C beer - renewal.
b) AmericInn Lodge and Suites, 5818 Nordic Drive, Class B beer - renewal.
c) Second State Brewing Company, 203 State Street, Class B beer & outdoor service - renewal.
d) Cottonwood Canyon, 419 Washington Street, Special Class C liquor & outdoor service - renewal.
e) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor - renewal.
f) Fraternal Order of Eagles, 2125 West Lone Tree Road, Class C liquor & outdoor service - renewal.
g) Thunder Ridge Ampride, 2425 Whitetail 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.)
15. Resolution approving and adopting the FY2022 City Council Goals, Work Program and Short-Term Financial Plan. See my cover memo on page #89 describing my proposed additions and changes to the annual Council Goals document. This was first presented for vote in the December 21st meeting, and postponed indefinitely to allow council members more to read through the draft document. I've also included in this packet the draft that all council members were sent in December, so that the public can see the proposed changes highlighted as well.
I can't overstate the importance of this document in setting the direction of local government in the next fiscal year; city staff and I refer to it regularly to ensure that we're doing what the council wants. If you don't like some of these directions, highlight them and propose changes as part of your campaign platform. That's all part of a healthy representative democracy.
16. Resolution approving and adopting amendments to Administrative Policy No. 7, City Council Meeting Procedures. As discussed in the Work Session (Item #8 above), this change moves the Public Forum to the front of the council meeting; council will have the opportunity in the coming weeks/months to determine if it should also exist at the end of the meeting as well. Also, it adds in some clarification for four council members calling a special meeting, and updates the references to section cites in the city code.
17. Resolution levying a final assessment for costs incurred by the City to mow the property located at 412 North Ellen Street. The city mows/cleans up properties after property owners have received multiple warnings with no action. A contractor does the work, and the city bills the property owner for the service.
18. Resolution levying a final assessment for costs incurred by the City to mow the property located at 1122 West 22nd Street. Same as Item #17 above.
19. Resolution levying a final assessment for costs incurred by the City to clean up the property located at 2413 Olive Street. Same as Item #17 above.
20. Resolution approving and authorizing execution of the renewal of an Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications, relative to recruitment advertising. This is a new contract similar to the ones in past years. I would be interested to know the metrics being used to determine that we're getting the best return on our advertising investment.
21. Resolution approving and adopting the recommendation of the Parks & Recreation Commission relative to a Recreation Fee Schedule to become effective March 1, 2021. This new structure, proposed by our new Recreation Center manager, J.J. Lillibridge, includes some interesting new options for monthly memberships. It's a very interesting idea that I support in order to give users more flexibility (no pun intended).
22. Resolution approving and adopting the State of Iowa Community Development Block Grant Coronavirus Duplication of Benefits Policies and Procedures relative to Community Development Block Grant (CDBG-CV2) CARES Act funding. This is a state-required policy that aims to keep the funds being used for coronavirus relief from duplicating other existing benefits and services.
23. Resolution approving and authorizing execution of Service/Product Agreement with the Iowa Northland Regional Council of Governments (INRCOG) for project delivery relative to Community Development Block Grant (CDBG-CV2) CARES Act funding. This action allows INRCOG to take the lead on behalf of the city for certain CDBG-CV2 projects.
24. Resolution approving and authorizing execution of a Second Amendment to Professional Service Agreement with Iowa Northland Regional Council of Governments (INRCOG) relative to Grant Administration and Technical Services for Community Development Block Grant (CDBG-CV3) funding relative to the CARES Act. This action allows INRCOG to take the lead on behalf of the city for certain CDBG-CV3 projects.
25. Resolution approving and authorizing execution of an Agreement for Professional Services with Operation Threshold for Community Development Block Grant (CDBG-CV3) funding relative to the CARES Act. This allows the city to contract with Operation Threshold for spending CoVID-19 relief funds.
26. Resolution approving a Mixed Use (MU) Residential Zoning District site plan for construction of a senior living facility to be located on Lot 6 of Pinnacle Prairie Commercial South - Phase III, Second Addition. This allows the developer to move forward with the build-out of this complex in Pinnacle Prairie.
27. Resolution approving the final plat of Pinnacle Prairie Commercial South Phase III, Second Addition. This lays out the plats and proposed infrastructure for the remaining parcels in this development, so that the developer can sell the individual properties.
28. Resolution approving and authorizing execution of a Contract for Completion of Improvements with Oster Family Limited Partnership, and approving an Escrow Agreement relative to the reconfiguration of Goldenrod Way. This sets $25K in developer funds in escrow for eliminating the "stub" on Brandilynn Blvd, since the plans have changed to not extend that roadway northward.
29. Resolution approving and authorizing execution of a Contract for Completion of Improvements with Oster Family Limited Partnership, and approving an Escrow Agreement relative to the roundabout landscaping at Prairie Parkway and Prairie View Road. This sets $40K in developer funds in escrow for adding landscaping and public art to an existing roundabout in Pinnacle Prairie.
30. Resolution approving and authorizing execution of an Assignment of Maintenance and Repair Agreement from Sulentic-Fischels to Arabella, LLC relative to a post-construction stormwater management plan for 200 West 1st Street. This is a standard type of agreement for new constructions to properly displace the stormwater runoff from their property.
31. Resolution approving and accepting completion of public improvements in Western Home Communities Ninth Addition. This is for roadways and other infrastructure surrounding Savory Lane, Caraway Lane, and Lemongrass Drive.
32. Resolution approving and authorizing execution of Supplemental Agreement No. 3 to the Professional Service Agreement with Snyder & Associates, Inc. relative to the Union Road Recreational Trail Project – West 12th Street to West 27th Street. This agreement would provide the consultant up to $100K in taxpayer funds for engineering design and administration services for the build-out of the new recreation trail along Union Road. This construction is expected to occur beginning at the end of June and completed within 45 working days.
33. Resolution approving and authorizing execution of a Professional Service Agreement with Snyder & Associates, Inc. for design services relative to the Cyber Lane Extension Project. This would provide the consultant with up to $55K in taxpayer funds (via TIF) for this design work at Cyber Lane (near the new developments at Hudson & Ridgeway.
34. Resolution approving and authorizing execution of a Professional Service Agreement with AECOM Technical Services, Inc. for design services relative to the Lake Street Trail Project. This provides up to $59.5K in GO bonding to pay for this trail design along Lake Street, to better connect non-vehicular traffic from North Cedar to Big Woods Lake Campground.
35. Resolution setting February 15, 2021 as the date of public hearing on the proposed FY22 Budget for the City of Cedar Falls. No concerns about the hearing date.
36. Resolution receiving and filing, and setting February 15, 2021 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2021 Sanitary Sewer Rehabilitation Project. No concerns about the hearing date.
37. Resolution receiving and filing, and setting February 15, 2021 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Downtown Streetscape and Reconstruction Project - Phase II. No concerns about the hearing date.
Ordinances
38. Pass an ordinance amending Chapter 2, Administration, of the Code of Ordinances relative to Applicability of Robert's Rules of Order, upon its first consideration, This is a simple one-word change to update the City Code to the use of Robert's Rules 12th Edition (just released in September 2020) rather than Robert's Rules 10th Edition (released in 2000). As an ordinance change, this would normally require three readings...but since I don't anticipate any controversy over this, I'm asking council to suspend the rules and give the final reading tonight. If not, no big deal, but we'll have to have this on the agenda for the next two council meetings as well, and I don't see that this is necessary.
OR
a) Suspend the rules requiring ordinances to be considered at three separate meetings (requires at least six aye votes), and
b) Pass the ordinance upon its third & final consideration.
Allow Bills and Payroll
39. Allow Bills and Payroll of February 1, 2021. The Council is the approving authority for all city expenditures made since the previous council meeting.
City Council Referrals
City Council Updates
Staff Updates
Executive Session
40. Executive Session to discuss Property Acquisition per Iowa Code Section 21.5(1)(j) to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property or reduce the price the governmental body would receive for that property, following Public Forum. No concerns about this need for a closed executive session (i.e not public), which is allowed under very limited circumstances, incuding real estate purchase matters (see 21.5j of the Iowa Code).
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 | 02/01/21 |
