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Home >> Annotated Agendas >> Annotated Agenda for 2/15/2021

Annotated Agenda for 2/15/2021

In our 7pm meeting, the major items on the agenda are consideration of the city's FY22 Budget of $102M for approval (Item #2), the second reading of the backyard pultryordinances (Items #5, #6, and #7),  the  FY22 City Council Goals (Item #9), and a proposed resolution for approval of a Sturgis Falls Celebration contract and other events for that weekend (Item #23).

Prior to that meeting, at 5:10 the City Council will be holding a joint work session with the Human Rights Commission to discuss "future roles, responsibilities and City Council expectations for the Human Rights Commission".   And at 6:30, the Council meet in Committee of the Whole to hear a presentation on extending the moratorium on parking fees downtown and on College Hill.

I hope you can join us in-person or online Monday night; these meetings will be in the City Hall Council Chambers per Council resolution, since the County Covid Risk level was less than "High" last Friday at 8am.  Chairs for the public will be spaced out as they have in past meetings, and masks will be required.  Any attendees may still attend virtually if desired.  As always, thanks for your continued effort to be an informed and engaged resident. 


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 February 1, 2021. This action 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

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

Special Order of Business

2. Public hearing on the proposed FY2022 Budget for the City of Cedar Falls. This action approves the city's $102M budget for FY2020, and includes capital projects as well as general operating expenses.  Please refer to the February 1st Council Meeting Packet for the full budget document.

a) Receive and file proof of publication of notice of hearing. (Notice published February 3, 2021)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving and adopting the FY2022 Budget for the City of Cedar Falls.

3. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2021 Sanitary Sewer Rehabilitation Project. This action would allocate $242K in Sanitary Sewer Rental Fund Money to the repair and upgrade of city sewer lines.

a) Receive and file proof of publication of notice of hearing. (Notice published February 5, 2021)

b) Written communications filed with the City Clerk. 

c) Staff comments.

d) Public comments.

e) Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the 2021 Sanitary Sewer Rehabilitation Project.

4. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Downtown Streetscape and Reconstruction Project - Phase II. This action is to approve plans for the $3.8M improvement of downtown's sidewalks and adjacent roadways from 3rd Street down to 6th Street. Funding for this will come from variety of sources, including Downtown TIF, Community Main Street, a gaming grant, and Cedar Falls Utilities.

a) Receive and file proof of publication of notice of hearing. (Notice published February 5, 2021)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the Downtown Streetscape and Reconstruction Project - Phase II.

Old Business

Items 5, 6, and 7 are connected as the continued approval of a new "backyard chickens" ordinance which would also include other kinds of poultry.   We have discussed this in previous meetings; if approved tonight, it would also require a third approval on March 15th. 

5. Pass Ordinance #2984, amending Chapter 6, Animals, of the Code of Ordinances relative to permitting poultry in residential areas, upon its second consideration. 

6. Pass Ordinance #2985, 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 previous ordinance)

7. 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)

8. Pass Ordinance #2986, amending Chapter 2, Administration, of the Code of Ordinances relative to Applicability of Robert's Rules of Order, upon its second consideration. This action simply updates the referred Robert's Rules edition from the 10th to the 12th edition.

9. Resolution approving and adopting the FY2022 City Council Goals, Work Program, and Short-Term Financial Plan. This was voted down last time due to proposed additions I had inlcuded for council consideration.  It's coming forward again here without those proposed additions. 

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.)

10. Receive and file the following resignations of members from Boards and Commissions: All resignation letters are officially received and filed by City Council, in the interest of public transparency.   Although these are two weeks old now, this is the first regular meeting at which they can be recieved.

a) Nicole Winther, Human Rights Commission.

b) Evan Renfro, Human Rights Commission.

11. Receive and file the Committee of the Whole minutes of February 1, 2021 relative to the following item: This action 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) Main Street Traffic Study.

12. Resolution approving and authorizing submission of the Iowa Certified Local Government (CLG) 2020 Annual Report of the Historic Preservation Commission to the State Historical Society of Iowa. This resolution is an annual requirement for the City to submit to the State of Iowa and National Park Service.   I appreciate this opportuntity each year to review the work of the commission, and look forward to taking part in the Historic Preservation's spotlight this year on the Cedar Heights neighborhood.

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

a) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special Class C liquor - renewal.

b) College Square Cinema, 6301 University Avenue, Special Class C liquor - renewal.

c) Panther Lounge, 210 East 18th Street, Class C liquor - renewal.

d) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C 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.)

14. Resolution approving and authorizing execution of a Proposal for Retained Exclusive Search Services with The Overture Group, LLC for recruitment services relative to the position of Principal Engineer. This action will provide the contractor with approximately $25K to recruit and retain a new Principal Engineer, owing to the departure of the current principal engineer into private practice.

15. Resolution approving and authorizing execution of a Plan Change Amendment with iSolved Benefit Services to incorporate Consolidated Appropriations Act (CAA) allowances into the City's Cafeteria Benefits Plan Document. This is a simple change to our plan for making changes to a flexible spending account, in keeping with new COVID-19 related federal laws.

16. Resolution approving and authorizing execution of a 28E Agreement for Alcohol Enforcement with the Iowa Alcoholic Beverages Division. This agreement is similar to ones made in past years, reimbursing the Police Division for local alcohol age compliance checks this spring. 

17. Resolution approving and authorizing execution of a Service Agreement with Benchmark Solutions LLC, dba Benchmark Analytics LLC, for police training management software. This provides $4,500 in taxpayer funds for an annual subscription for police training tracking software.  I will be interested in learning more about the capabilities of this software, and how it will meet the Public Safety Services Department's needs for the training of Public Safety Officers.

18. Resolution approving the final plat of The Arbors Fourth Addition. This action allows the developer to split this tract of land into 52 lots for home construction, in keeping with zoning laws and the comprehensive plan.  No concerns.  

19. Resolution approving and authorizing the expenditure of funds for the purchase of a tandem axle dump truck. This action would allow $85K in taxpayer funds to be used to purchase a second-hand dump truck with low miles.  No concerns.

20. Resolution approving and authorizing execution of a Third Amendment to Storm Water Maintenance and Repair Agreement and Permanent Easement and a Storm Water Maintenance and Repair Agreement with Midwest Development Co. relative to a post-construction stormwater management plan for The Arbors Fourth Addition. This ties to Item #18 as a standard stormwater management agreement for that property.

21. Resolution approving and accepting completion of public improvements in The Arbors Fourth Addition. This action is the City Council's agreement that the necessary roads and other infrastructure for this subdivision have been completed satisfactorily.

22. Resolution approving and authorizing execution of a License Agreement with MidAmerican Energy Company relative to installing an electrical distribution system within the Cedar Heights Drive and Katoski Drive right-of-way. This allows MidAmerican to carry out improvements to its electrical infrastructure on Cedar Heights Drive, at the same time as that roadway is being reconstructed this year.

23. Resolution approving and authorizing execution of a Sturgis Falls Celebration Agreement for Use of City Parks and Services with Sturgis Falls Celebration, Inc., and approving Public Event Permits for Live-to-9 and Cedar Basin Music Festival. This action would allow me to sign off on the Sturgis Falls Celebration permit, and also would approve two events planned in the vicinity of downtown during Sturgis Falls Weekend.  The city and I have been working to facilitate an amicable solution for mutual support between these groups, as they carry out these important civic events.

24. Resolution setting March 1, 2021 as the date of public hearing on a proposed lease agreement with the Cedar Falls Municipal Band relative to the Overman Park Band Shell. No concerns about the hearing date.

25. Resolution setting March 1, 2021 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to adaptive re-use of institutional buildings. No concerns about the hearing date.

Allow Bills and Claims

26. Allow Bills and Claims of February 15, 2021. In the previous meeting, a resident astutely observed that the previous term "Approve Bills and Payroll" was inaccurate because payroll information is not provided in the council packet.   On inspection of the City Code, Section 2-7 states that itemized bills and claims must be presented to the city council, and so I have directed that this item in the agenda be corrected to reflect that.   It also states that payroll information is NOT to be included.  Interestingly, Section 2-7 also states that the item must first be 'passed upon' by the council's Administration Committee, and we're currently not doing that because this information is being addressed directly by the city council instead.    In this case, I don't see a functional problem because this is the exact same group that make up the Administration Committee.  Still (and maybe it's my military and computer programming background at work), I really want to see the code reflect actual practice in all cases, and am glad that we'll be addressing the potential to return to Committees this fall, and update the City Code to reflect these practices (i.e. seeking clarity in the law).      

City Council Referrals

City Council Updates

Staff Updates

Adjournment

Council Packet Link
Meeting Date
02/15/21