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Annotated Agenda for 4/18/2022

Hello neighbors!  In the Monday regular council meeting Monday night, the council will vote on formalizing some changes to the council Standing Committees (Items 13 and 19).  Also, the council will hear a new initiative that's been successfully adopted in other Midwestern cities called "No Mow May", which allows residents to refrain from mowing in May in order to encourage the recovery of our decimated pollinator insect populations.  I've included the details as Item #21. The council is also being asked to approve up to $39K for our river consultant to update the plans for the River Recreation Project to account for increased construction costs (as shown by consistently high previous bids).  

Prior to this, at 5:10 the council will meet in the Committee of the Whole to determine how to fund the upcoming Public Safety third party review (since it is not included in the FY23 budget). It will also hear the annual report of the Human Rights Commission and hear a presentation on the Bicycle Plan update. After this meeting, I expect the Committee of the Whole to meet far less frequently, as most matters will be taken up by the Standing Committees I mentioned in the paragraph above. When the COW does meet, the Mayor Pro Tem will chair it going forward. It's not that I'm disinterested in the proceedings -- far from it! I believe there's great experiential learning when council members chair committee meetings; the mayor ought to chair only the Regular Council Meetings and work sessions, and attend the committee meetings for insights and coaching/mentoring of the chairs. I'm looking forward to trying that out for the rest of the current year.

Finally, I'll note that Mayor Hart and I are working to put together a joint work session for our two city councils to discuss the current fireworks ban in Cedar Falls, and three-day window in Waterloo.  This meeting will occur on Tuesday, April 26th at 6pm, so long as the two councils approve the meeting location at our next regular meeting (the CF item is #20 below). 

I hope you can join us in person at the Community Center, or online via YouTube, or broadcast on Channel 15. As always, thanks for doing the hard work to be an informed and engaged resident!


Call to Order by the Mayor

Roll Call

Approval of Minutes

1. Regular Meeting of April 4, 2022. 

Agenda Revisions

Special Presentations

2. Proclamation recognizing April 27, 2022 as Administrative Professionals Day. 

3. Proclamation recognizing April 29, 2022 as Arbor Day 150th Anniversary.

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

Special Order of Business

4. Hearing on a proposed resolution adopting and levying the final schedule of assessments for the 2021 Sidewalk Assessment Project, Zone 4. If property owners elect not to repair their own sidewalks after inspection by the city, then the city adds the property to a list for a private contractor to repair.  The cost is then assessed to the property as part of the property tax bill.

a) Staff comments.

b) Respondent comments.

c) Resolution adopting and levying the final schedule of assessments for the 2021 Sidewalk Assessment Project, Zone 4.

5. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the West 27th Street Reconstruction Project. This is a major $7.3M road reconstruction project to be with street construction funds, local option sales tax, and bonds. The hearing is required for the estimated project cost, prior to soliciting bids from the private sector to construct it.

a) Receive and file proof of publication of notice of hearing. (Notice published April 8, 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 West 27th Street Reconstruction Project. 

6. Public hearing on the proposed conveyance of interest in certain real estate to the Cedar Falls Community School District. This project allows the city and school district to swap properties near Aldrich Elementary for mutual benefit.

a) Receive and file proof of publication of notice of hearing. (Notice published April 8, 2022)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving the conveyance of interest in certain real estate, and approving and authorizing execution of a Quit Claim Deed conveying title to the Cedar Falls Community School District.

7. Resolution approving and accepting a Quit Claim Deed, a Permanent Drainage Easement and a Stormwater Maintenance and Repair Agreement from the Cedar Falls Community School District, in conjunction with the McMahill First Addition. Same as #7, with the addition of a stormwater agreement, which is standard for these types of parcels.

Old Business

8. Pass Ordinance #3007, amending Chapter 7, Building and Building Regulations, of the Code of Ordinances relative to discharge of stormwater or groundwater into the city sanitary sewer system, upon its third and final consideration. The council has discussed this in past meetings.  

9. Resolution approving and adopting a Sanitary Sewer Cross Connection Policy relative to discharge of stormwater or groundwater into the city sanitary sewer system. This policy would allow a non-compliance fee to be assessed on properties with illegal cross-connections.  It also notes the availability of financial assistance for properties with building permits issued before 2/10/1969.  

10. Pass Ordinance #3008, amending Chapter 26, Zoning, of the Code of Ordinances relative to allowing daycares as principal permitted uses in the M-1 Light Industrial District, upon its second consideration,  

OR

Suspend the rules requiring ordinances to be considered at three separate meetings (requires at least six aye votes), and pass the ordinance upon its third & final consideration.  This would allow the daycare on Nordic drive to carryout its expansion plans and grant requests from the state.

11. Pass Ordinance #3009, amending Chapter 11, Housing, of the Code of Ordinances relative to the Housing Commission, upon its second consideration. This drops the Housing Commissioner count from seven to five, and is required to comply with state law.  I will request that we also suspend the rules on this item, to be in compliance as soon as possib.e 

12. Pass Ordinance #3010, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking for the College Hill Farmers Market, upon its second consideration. This is to help with the Farmer's Market's desires to have the market on Wednesdays instead of Thursdays.

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.)

13. Receive and file the report of the Mayor relative to the appointment of the Mayor Pro Tem as the Chair of the Committee of the Whole. One of my goals as mayor is to increase the availability of quality leadership experiences to Cedar Falls residents, especially council members.  This change will allow the Mayor Pro Tem to gain experience as the presiding officer of Committee of the Whole meetings.  The city code states that the chairs the council standing committees are designated by the mayor without council consent required, which is why this is simply a 'receive and file'.  We'll start this with the May 2nd Meeting. 

14. Receive and file the City Council Work Session minutes of April 4, 2022 relative to the following items: In this meeting, the council consensus was to return to the three standing committees that are listed in the city code.   All 7 council members will serve on those three committees, which will meet back-to-back in the time we've previously assigned to Committee of the Whole on Monday nights.  I'm looking forward to it!

a) Standing Committee Structure.

15. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Equipment Mechanic. This simply receives the certified list that was generated by the CSC; whether or not the council receives it, this is still the hiring order required by state law.

16. Receive and file the FY2021 Annual Report of the Cedar Falls Human Rights Commission. This report has a lot of detail, and the HRC will be presenting their activities at the City Council Committee of the Whole on 4/18.

17. Approve an Order Accepting Acknowledgment/Settlement Agreement with Up in Smoke, 2218 College Street, for a first tobacco violation This seller provided tobacco products to persons under age 21, which requires a penalty. under state law -- both to the business and to the cashier who made the sale.

18. Approve the following applications for beer permits and liquor licenses: The city council is the approving authority for all alcohol permits.

a) Hatchlings & Hens, 109 Main Street, Class B Native wine permit – new.

b) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore’s Pub), 5307 Caraway Lane, Class C liquor & outdoor service – renewal.

c) Suds, 2223 ½ College Street, Class C liquor & outdoor service – renewal.

d) The Horny Toad American Bar & Grille, 204 Main Street, Class C liquor – renewal.

e) ZSAVOOZ, 206 Brandilynn Boulevard, Class C liquor & outdoor service – renewal.

f) Hy-Vee Clubroom, 6301 University Avenue, Special Class C liquor – renewal.

g) CVS/Pharmacy, 2302 West 1st Street, Class E liquor – renewal.

h) Whiskey Road Tavern & Grill, 402 Main Street, Class C liquor & outdoor service – expansion of sidewalk café.

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.)

19. Resolution approving and adopting amendments to Administrative Policy No. 7 relative to Standing Committees. This changes the city council meeting procedures to officially note the return of the standing committees, and to note that the Mayor will not preside over the Committee of the Whole.  Instead, the Mayor Pro Tem will serve that function.    We will see how this works out for the next several months.  I support the change as a way to broaden the city's leadership base. 

20. Resolution approving and authorizing execution of a Rental Agreement with Upper Iowa University relative to meeting space for a joint meeting with Waterloo elected officials. I have requested a joint meeting to discuss consumer fireworks.  Because it's my request, I believe it's appropriate for the City of Cedar Falls to sign this building use no-cost contract with Upper Iowa University.

21. Resolution approving and authorizing the suspension of enforcement of Section 17-246(a)(2), grass and weeds exceeding eight inches in height, of the Code of Ordinances during the month of May, 2022, in observance of No Mow May, a conservation initiative to support bee pollination. This is a new initiative for Cedar Falls that has been successfully carried out in other cities in the Midwest.   The goal is to provide additional flowers like clover to pollinators at the start of the pollination season.   Residents can elect to participate; I'd like to give it a try this year, see what we learn, and then next year decide whether to participate again.  I'm all for any practical actions to restore populations of bees and other pollinating insects in our country.

22. Resolution approving and authorizing Amendment #2 to the Entitlement Community Development Block Grant COVID-19 Program Contract with the Iowa Economic Development Authority relative to Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. This action would fully allocate the funding provided by the state, for pandemic prevention, response, or preparation for a community total of $330K.

23. Resolution approving and authorizing execution of a Collaborative Program Agreement with the Cedar Falls Tiger Rugby Club relative to providing Youth Non-Contact Rugby, in conjunction with the summer recreational programs. This is a continuation of previous agreements to provide summer programs; the contractor will receive 80% of the proceeds from registrations.

24. Resolution approving and authorizing execution of a Collaborative Program Agreement with the Black Hawk Tennis Club relative to providing Youth Tennis Lessons, in conjunction with the summer recreational programs. Same as #23.

25. Resolution approving and authorizing execution of Supplemental Agreement No. 4 to the Professional Service Agreement with Riverwise Engineering, LLC relative to design services for the Cedar River Recreational Improvement Project. This agreement would contract with Riverwise at $38.9K to update the design plans and cost estimates to better reflect likely bids for the project.  The goal is to have the bids complete and the project let in September / October with construction completed in one year (October 2023). 

26. Resolution approving and authorizing the expenditure of funds for the purchase of an automated spray patch unit for the Public Works Department. This would allocate $246K for the machine through Street Construction Funds. 

27. Resolution approving and authorizing execution of Supplemental Agreement No. 2 to the Professional Service Agreement with AECOM Technical Services, Inc. relative to 2022-2023 Survey Services. This would provide up to $170K for construction survey services while Cedar Falls recruits its own in-house land surveyor in FY23.

28. Resolution receiving and filing, and approving and accepting the bid of Aspro, Inc., in the amount of $155,435.46, for the College Hill Parking Lot Improvements Project. This project will repair several parking lots which are currently cracking.  This was included in the city budget.

29. Resolution receiving and filing, and rejecting the only bid received for the Oak Park Sanitary Sewer Repair Project. The estimate for this project was $865K, but the one bid was twice that.  City staff is asking council to reject that bid so that a new plan can be developed and presented to council soon.

30. Resolution approving and authorizing execution of one Owner Purchase Agreement, and approving and accepting one Public Utility Easement, in conjunction with the 2022 Alley Reconstruction Project. This is a purchase property and of a permanent utility easement for property in the College Hill Neighborhood, for $7,154. 

31. Resolution receiving and filing, and setting May 2, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2022 Alley Reconstruction Project. No concerns with the hearing date.

32. Resolution setting May 2, 2022 as the date of public hearing on a proposal to undertake a public improvement project for the North Cedar Heights Area Reconstruction Project - Phase I, and to authorize acquisition of private property for said project. No concerns with the hearing date.

33. Resolution setting May 2, 2022 as the date of public hearing to consider adoption of a Public Record Request Policy. No concerns with the hearing date.

34. Resolution setting May 2, 2022 as the date of public hearing on proposed amendments to the City’s FY2022 Budget. No concerns with the hearing date.

Allow Bills and Claims

35. Allow Bills and Claims for April 18, 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

Adjournment

Council Packet Link
Meeting Date
04/18/22