This is a very involved council meeting, with the most significant item likely being the vote on the maximum levy (Item #3), Many other administrative items are being considered as well. Also, I'll be removing the Personnel Policies (Item #15) from the evening's agenda and expect it will be considered on March 7th instead.
At 5:10, the City Council will have its first of several work sessions on the future of the public safety department. We'll need to address what to do with the Public Safety Director position since Director Olson is retiring soon (Advertise for it? Appoint an interim? Eliminate it entirely?). No actual votes are taken in work sessions, but we'll be able to build consensus for directing staff to take further actions that then will be voted on by council in a Committee of the Whole or Regular Council Meeting. I do want to move this with all expediency so that we can have clarity on the Public Safety Department's direction for the sake of all concerned. Due to the time needed, we won't have a Committee of the Whole that night. Even though we won't have public comment at the meeting, I strongly encourage the public to observe the deliberations and engage with the council and me afterward about it. Also you'll be able to watch it on Channel 15 and Zoom.
Thanks for doing the work to be informed and engaged residents, and especially to do so civilly. I've been so impressed with the thoughtful letters and e-mails I've received about public safety these past few weeks, and very much hope that great level of thoughtful civic dialogue continues.
And keep in mind, we're meeting at the Cedar Falls Community Center during the next few months while city hall is being remodeled. Thanks!
The City is providing in-person and electronic options for this meeting. The City encourages in-person attendees to follow the latest CDC guidelines to reduce the risk of COVID-19 transmission.
The meeting will 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 7, 2022.
Agenda Revisions
Special Presentations
2. Proclamation recognizing March 2, 2022 as Read Across America Day. As a kid, I almost always had a book in hand; I spent most days after school hanging out at my local bookstore, doing odd jobs in exchange for free books. Those pages took me to so many places and into so many perspectives and life experiences different from my own. So I'm happy to promote high literacy and a love for books -- Cedar Falls can and should be a community that reads!
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)
Special Order of Business
3. Public hearing on the proposed maximum levy for affected property tax levies for FY2023. This would set the total max levy (the amount of possible taxing) at 6.33% with a practical increase of 4.65% for residential homeowners, a 2.55% increase for commercial, and multi-residential with a 3.15% decrease in their tax bill (due to requirements set by the state legislature). The resolution is for a $22,543,328 total levy, compared to last year's levy of $21,200,804. Keep in mind that the consumer price index is up 7.5% from February 2021 to January 2022, so this change from last year would be less than the rate of inflation. The council could amend this document for a lower maximum possible levy; if it does so, then the city budget would need to be cut accordingly. I believe we currently have a reasonable budget without unnecessary expenses, so I hope the council will approve the max levy 'as-is'.
a) Receive and file proof of publication of notice of hearing. (Notice published February 8, 2022)
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 FY2023.
4. Public hearing on the proposal to enter into a February 2022 Amendment to Development Agreement with Cedar Falls Municipal Utilities relative to the Unified Highway 58 Corridor Urban Renewal Area. There's a lot of legal documentation here. The cover memo states, "The Unified Highway 58 Corridor Development Agreement with CFU (February 2022 Amendment) is necessary to update the agreement so it is consistent with the Unified Highway 58 Corridor Urban Renewal Plan, which has seen several amendments over the past few years." Being transparent here, I'll need to get the low-down from staff in our Monday morning meeting for the particulars on this, and will make sure it's explained in human-ese by staff at the council meeting. As it is, what this resolution actually "does" is buried somewhere in the legal jargon. We'll do better next time to explain in the cover memo the effect of these kinds of resolutions in future meetings. My apologies that this wasn't clearer in the cover memo.
a) Receive and file proof of publication of notice of hearing. (Notice published February 11, 2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving and authorizing execution of a February 2022 Amendment to Development Agreement with Cedar Falls Municipal Utilities relative to the Unified Highway 58 Corridor Urban Renewal Area.
5. Public hearing on a proposal to enter into an Agreement for Private Development, and to consider conveyance of certain city-owned real estate to Wayne Estates, L.L.C. No This agreement, consistent with city policies for the industrial park, would grant Wayne Estates a plot in the industrial park at no charge, with the requirement that the company constructs a building of a certain minimum value for its operations. The property would also see a property tax abatement for five years, as long as it meets the terms of this agreement. I believe these agreements are a smart investment by the city, because in exchange for a short term 'sacrifice' the city gains more industry, jobs, and properties on the long-term tax rolls. It's the model that has made the industrial parks such a success.
a) Receive and file proof of publication of notice of hearing. (Notice published February 11, 2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) 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 Wayne Estates, L.L.C.
6. Public hearing on a proposal to enter into an Agreement for Private Development, and to consider conveyance of certain city-owned real estate to McWing, L.L.C. This is an agreement very similar to #5; in this case, after the public hearing date was set on 2/7, some changes needed to be made and aren't ready for the 2/21 meeting. So we'll continue the public hearing to the next meeting, and hopefully, the changes will be resolved by then.
a) Receive and file proof of publication of notice of hearing. (Notice published February 11, 2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments. (Continue hearing to March 7, 2022)
7. Public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the 2022 Street Construction Project. This is routine annual approval, and I have no concerns about the streets proposed for reconstruction & restoration. These were covered in a Committee of the Whole meeting earlier this year.
a) Receive and file proof of publication of notice of hearing. (Notice published February 11, 2022)
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 2022 Street Construction Project.
8. Public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the Oak Park Boulevard Sanitary Sewer Repair Project. This would commit $865K in sanitary sewer funds for the repair of this sewer line. The line failed a few years back, and a temporary solution was made...this project will make a permanent repair for that line.
a) Receive and file proof of publication of notice of hearing. (Notice published February 11, 2022)
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 Oak Park Boulevard Sanitary Sewer Repair Project.
Old Business
9. Pass Ordinance #3005, amending Chapter 12, Human Relations, of the Code of Ordinances relative to the Human Rights Commission, upon its second consideration.This increases the count of Human Rights Commissioners from nine to eleven, at the commission's request.
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. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: The city council is the approving authority for all mayoral appointments. THANKS to these community members for volunteering on our city's very important boards and commissions!
a) Ruby Hibben, Board of Adjustment, term expiring 03/31/2026.
b) Michael Mahncke, Historic Preservation Commission, term expiring 03/31/2025.
11. Receive and file the Work Session minutes of February 7, 2022 relative to the following item: Simply adds the minutes to the official record as an accurate reflection of what transpired in the meeting.
a) Downtown Zoning Changes.
12. Receive and file the Committee of the Whole minutes of February 7, 2022 relative to the following items: Simply adds the minutes to the official record as an accurate reflection of what transpired in the meeting.
a) Board of Adjustment Interview-Ruby Hibben.
b) FY23 Budget Presentation.
13. Receive and file a communication from the Civil Service Commission relative to the certified list for the position of Public Safety Officer. This report from the CSC advises the council that the CSC has completed its certification list. Even though the city's public safety model is controversial and currently under review, voting against this "receive and file" would have no real effect on the process.
14. Approve the following applications for beer permits and liquor licenses: The city council is the approving authority for all beer permits and liquor licenses.
a) Panther Lounge, 210 East 18th Street, Class C liquor - renewal.
b) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C liquor & outdoor service – 8-month permit with exceptions.
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 certain revised Personnel Policies for the City of Cedar Falls. I will be removing this item from the agenda in order to have the holidays listed on page 120 changed back to "Good Friday" and "Christmas Day" rather than "Spring Holiday" and "December 25th". It's obvious why those two days are considered as city holidays, and I believe it's absurd to to officially call them "Spring Holiday" and "December 25". I apologize for not catching these during my initial review on Wednesday morning. This isn't about promoting one religion over another -- but if the city wants to close buildings on those days, it should be clear that the building is closed because staff are gone to take part in those two holidays. Personally, I would rather see the Good Friday day off re-negotated with the unions to be a day off on the Dr. Martin Luther King Jr. Day of Service so that city staff can participate in community service projects.
16. Resolution levying a final assessment for costs incurred by the City to mow property located at 2303 Washington Street. The city hires a contractor to mow yards that have become nuisances, and the owner has not heeded repeated warnings. This puts the cost onto a property lien, so that it will be paid by the owner.
17. Resolution approving and authorizing execution of a Licensed Training Provider Agreement with the American Red Cross relative to providing licensed training, materials and certifications to City staff. This is a routine agreement used primarily for training the city's lifeguards at The Falls.
18. Resolution approving and authorizing execution of a Agreement for Professional Services with Family Management Financial Solutions, Inc. relative to Community Block Grant (CDBG) funding for service agencies. This approval would allocate $2,620 in federal funds for financial counseling to low-to-moderate residents of Cedar Falls.
19. Resolution approving and authorizing the expenditure of funds for the purchase of dump truck/snow plow components for the Public Works Department. This would commit $97K in street construction funds for the purchase of JUST the snowplow components. In our crazy supply-chain-issues world, we can't get a truck chassis right now, so this will make sure we've got all the special accouterments on site once we can get our hands on a truck chassis.
20. Resolution receiving and filing the bids, and approving and accepting the low bid of Petersen Contractors, Inc., in the amount of $8,147,645.50, for the West Viking Road Industrial Park Phase V Project. This would allow Petersen to move forward with the West Viking infrastructure build-out for $570K less than the engineer's estimate.
21. Resolution approving and authorizing execution of a Professional Service Agreement with Foth Infrastructure & Environment, LLC relative to the 2022 Bridge Inspection Project. This would allocate up to $31K for state-required bridge inspections.
22. Resolution approving the Certificate of Completion and accepting the work of Peterson Contractors, Inc. for the Mandalay Drive Slope Repair Project. This pays the contractor the $106K owed for the successful completion of this project.
23. Resolution approving the Certificate of Completion and accepting the work of Cobalt Contracting, L.C. for the 2021 Sidewalk Assessment Project - Zone 4. This releases $2.5K in taxpayer funds for the completion of this project.
24. Resolution approving the Final Statement of Expenditures for the 2021 Sidewalk Assessment Project - Zone 4. This approves the report for a final cost of $50.9K to repair sidewalks, which will be assessed to property owners' tax bills.
25. Resolution receiving and filing, and approving the plans, specifications and estimate of cost for the Lake Street Trail Project. This allows the trail project to move forward for bidding. It has an engineer's estimate of $322.5K -- with $300K of the cost to be paid for by state grant.
26. Resolution receiving and filing, and setting March 7, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2022 CDBG Sanitary Sewer Rehabilitation Project. No concerns about the hearing date.
27. Resolution setting March 7, 2022 as the date of public hearing to consider entering into an Agreement for Private Development, and to consider conveyance of certain city-owned real estate to KL Iowa 01, L.L.C. No concerns about the hearing date.
28. Resolution setting March 7, 2022 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to removal of the shared parking requirement in the Downtown Character District. No concerns about the hearing date.
29. Resolution setting March 7, 2022 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to increasing parking ratios for residential mixed-use and multi-unit buildings in the Downtown Character District to one parking space per bedroom. No concerns about the hearing date.
30. Resolution setting March 7, 2022 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to increasing parking ratios for residential mixed-use and multi-unit buildings in the Downtown Character District to .75 parking space per bedroom, as recommended by the Planning & Zoning Commission. No concerns about the hearing date.
31. Resolution setting March 7, 2022 as the date of public hearing on the proposed FY23 Budget for the City of Cedar Falls. No concerns about the hearing date.
Allow Bills and Claims
32. Allow Bills and Claims for February 21, 2022. The city council is the approving authority for all bills and claims made against the city since the last council meeting.
City Council Referrals
City Council Updates
Staff Updates
Executive Session
33. Executive Session to discuss Legal Matters per Iowa Code Section 21.5(1)(c) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.
Adjournment
| Council Packet Link | |
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| Meeting Date | 02/21/22 |
