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Home >> Annotated Agendas >> Annotated Agenda for 4/5/2021

Annotated Agenda for 4/5/2021

Happy Easter!  This packet took a little longer than usual to post due to the holiday -- I hope you all were able to enjoy the warm temps and sunshine this gorgeous weekend.   In the Monday Night council meeting, two noteworthy items are a resolution to extend the Cedar Falls Mask Requirement Resolution to May 19th (Item #8) and the first of three readings of updates to the Mayor/Administrator ordinances to better reflect how these two roles function (Item #34).

One of the most interesting and exciting items of the evening comes at 5:20 during Committee of the Whole -- it's a 90 minute presentation and Q&A from the City Council on the results of the "Imagine College Hill!" Visioning Plan, which will shape the direction of College Hill for decades to come.  I hope you'll watch this; I'm very supportive of the recommendations and approach to zoning, which is similar to what the same consulting firm has recommended for Downtown. 

The regular City Council meeting starts at 7pm, and I hope you can join us in person or via the links below.  As always, thanks so much for doing the hard work to be an informed and engaged resident of our great city. 


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 March 15, 2021. This simply adds these minutes to 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 Presentations

2. Proclamation recognizing April 2021 as Sexual Assault Awareness Month.

3. Proclamation recognizing April 4-10, 2021 as National Library Week.

4. Proclamation recognizing April 4-11, 2021 as Days of Remembrance For the Victims of the Holocaust.

5. Proclamation recognizing April 18-24, 2021 as City-Wide Cleanup Week.

Special Order of Business

6. Public hearing to consider entering into an Agreement for Private Development with Stone and Terrace, L.L.C. relative to the rehabilitation of 108 East 4th Street. This agreement would provide up to $66K in tax rebates to the developer (spread out over five years) for a new restaurant/grill and patio dining area in the old tire store on the northeast corner of 4th and Main.    This is a fairly common agreement with developers who reinvest in certain areas of the city ('infill development") and aligns with the Council Goals and Objectives.

a) Receive and file proof of publication of notice of hearing. (Notice published March 19, 2021)

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 with Stone and Terrace, L.L.C. relative to the rehabilitation of 108 East 4th Street.

Old Business

7. Pass Ordinance #2987, amending Chapter 26, Zoning, of the Code of Ordinances relative to adaptive re-use of institutional buildings, upon its third and final consideration.  This is an ordinance change to provide new rules for the appropriate re-use of churches and other large institutional buildings if that use is compatible with the neighborhood.  This has been considered and approved twice before during city council meetings; if this consideration is approved, then it will become an official part of the city code.

8. Resolution extending the face mask mandate for the City of Cedar Falls. All adult Iowans are expected to be eligible to receive the COVID-19 vaccines beginning April 5th.  This latest extension would be until May 19th.  While all Iowans will be eligible, time will tell if supply will meet demand.  If the Council approves this extension, the Council, staff, and I will be monitoring the vaccination process to see if an additional extension is warranted when it comes up again on May 17th.  Even after the mask requirement expires, public buildings, retail, and restaurants will likely still have their own masking requirements in place in order to enter and be served.  And I will ask the City Council to issue a proclamation strongly recommending the wearing of masks during the Coronavirus Pandemic, in accordance with CDC guidelines.   But again, the decision on April 5th is to simply determine whether or not to extend to May 19th.

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 Mayor's Monthly Report for March 2021.  This is my monthly update to Council on mayor-type activities.

10. Approve the recommendation of the Mayor relative to the appointment of John Clopton to the Civil Service Commission, term ending 04/07/2025.  Thanks to Mr. Clopton for continuing to serve on the Civil Service Commission.

11. Receive and file the resignation of Sue Armbrecht as a member of the Civil Service Commission.  Ms. Armbrecht has the City's great thanks for her service on the commission, and my best wishes for her health.  We now have a vacancy on the commission and are seeking applicants to fill this vacancy.  You can apply at bit.ly/cf-boards.  

12. Receive and file the Committee of the Whole minutes of March 15, 2021 relative to the following items:  This simply adds these minutes to 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) Mayor & City Administrator Ordinance Updates.

b) Main Street Traffic Study.

13. Receive and file Departmental Monthly Reports of February, 2021.  The City provides the council and public with an accounting of all major actions and activities taken by the department.  Worth reading if you want to understand what the city government is doing every month.

14. Approve the application of Bani's, 2128 College St, for a cigarette/tobacco/nicotine/vapor permit.  The Council is the approving authority for all of these kinds of permits.

15. Approve the following applications for beer permits and liquor licenses:  The Council is the approving authority for all alcohol-related permits.

a) Godfather's Pizza, 1621 West 1st Street, Class B beer - renewal.

b) Luxe Nail Bar, 5907 University Avenue, Class C liquor - renewal

c) Mary Lou's Bar & Grill, 2719 Center Street, Class C liquor & outdoor service - renewal.

d) Prime Mart, 2728 Center Street, Class E liquor – renewal.

e) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C liquor & outdoor service – temporary expansion of outdoor service area. (May 7, 14, 21 & 28, 2021) f) Bani's, 2128 College Street, Class E liquor - new.

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.)

16. Resolution naming official depositories for the City of Cedar Falls.  A fairly routine action; this approval would increase the maximum deposit level for MidWestOne Bank from $30M to $40M. 

17. Resolution approving and authorizing the transfer of funds from the 2018 General Obligation Bond fund to the Capital Projects fund relative to the completion of the Center Street Recreational Trail Project.  This action approves a transfer of funds General Obligation (GO) bonds of $266K for the newly-completed Center Street Trail in North Cedar.   It is complemented by $258K in Federal funding, for a project total of $525K.  

18. Resolution approving and authorizing the transfer of funds from the Street Repair Fund (LOST) to the 2012 General Obligation Bond fund relative to the completion of the Greenhill Road Extension Project.  This is similar to #17, but with a total cost to Cedar Falls taxpayers of about $2.6M to extend Greenhill Road from Hudson Road up to W. 27th Street.

19. Resolution levying a final assessment for costs incurred by the City to mow and clear overgrown vegetation on the property located at 710 West 13th Street.  The city accesses costs to the property owner when a maintenance company has to come out and bring a significant nuisance property back up to code.

20. Resolution levying a final assessment for costs incurred by the City to mow and clear overgrown vegetation on the property located at 1303 Walnut Street.   Same as #19 above.

21. Resolution approving and authorizing execution of a Service/Product Agreement with Cities Digital Incorporated (CDI) relative to integrating the City's financial system with the document imaging system.  This would spend $2K in taxpayer funds for custom programming to allow the financial system to properly communicate with the city's new document imaging system.  

22. Resolution approving and authorizing execution of a Surface Transportation Block Grant (STBG) Programming Agreement with the Black Hawk County Metropolitan Planning Organization (MPO) relative to the Main Street Reconstruction Project.  This allows the city to obtain $2.9M in federal funds to help with the costs for the $8.3M rebuild of Main Street.

23. Resolution approving and authorizing execution of a Third Amendment to Agreement for Private Development with River Place Properties, LC relative to the River Place Development Project. (city staff recommending denial)  My understanding of this agreement is that all aspects of the contract are agreeable to the city except extending the agreement by ten years. The 'counter offer' is to extend to five years, and it would be up the City Council to decide whether to approve the agreement amendment to ten years, or deny it and seek a shorter extension with the developer.   As the memo says, the River Place project is fantastic for our downtown, and the developer has been terrific to work with.  This is just a common business negotiation issue, and it's appropriate for the council to weigh the merits and make a decision on this. 

24. Resolution approving a Central Business District (CBD) Overlay Zoning District site plan for facade improvements at 302 Main Street.   The City Council is the approving authority for all structural frontage improvements in the Downtown area.  This is for the signage at the new building that's gone up at the SE corner of 3rd and Main (for Lincoln Savings Bank).  

25. Resolution approving and authorizing execution of a Subrecipient Agreement for Federally Funded Project with St. Patrick Catholic School for Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act.  This would distribute about $12K in federal money (NOT local government funds) for St. Patrick's Catholic School to reimburse for the purchase of technology for virtual schooling due to COVID.   While I personally believe public funds should be directed to public schools, the request is completely within the intent of the CARES Act (which permitted distribution to both public and private schools).   So on those merits, I believe this is a proper request, and it has also passed the gauntlet of reviewers at the State (which denied other city funding requests, so they're pretty picky).   

It's important to note that each of the schools (including the Cedar Falls Community School District) was approved by the state for their full funding requests, and additional money is available for follow-on grant requests.  Rough calculations show that CFCSD received about $15 per student in COVID funds, while this St. Patrick Request would be about $60 per student, so I hope CFCSD will submit additional grant requests for closer parity. 

26. Resolution approving and authorizing execution of a Subrecipient Agreement for Federally Funded Project with Valley Lutheran School for Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act.  Same kind of funding request as in #25 above, for $16K.

27. Resolution approving and authorizing execution of a Second Amendment for Professional Services with the Northeast Iowa Food Bank for additional Community Development Block Grant (CDBG-CV1) funding relative to the CARES Act.  This would shift $12K in funding support to the regional food bank, since the original recipient Pathways Behavioral Services, will not be able to use it.  Considering how much extra clientele the food bank has serviced, these funds are much-needed.

28. Resolution approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with Snyder & Associates, Inc. for survey services relative to the Downtown Streetscape and Reconstruction Project – Phase II.  The city's surveyor is taking another job, so the city will need to use Snyder's surveyors to keep this project moving on time. 

29. Resolution receiving and filing the bids, and approving and accepting the low bid of Peterson Contractors Inc., in the amount of $4,028,395.50, for the 2021 Street Construction Project.  A standard bidding and letting process, for road repairs.

30. Resolution approving and accepting the contract and bond of Peterson Contractors, Inc. for the 2021 Street Construction Project. (contingent upon approval of previous item)  This acceptance of required contractor documentation allows the street construction to proceed.

31. Resolution approving and accepting the contract and bond of Municipal Pipe Tool, LLC for the 2021 Sanitary Sewer Rehabilitation Project.  This acceptance of required contractor documentation allows the sewer rehabilitation project to proceed.

32. Resolution approving and accepting completion of public improvements in Prairie Winds 5th Addition.  This is the council's agreement that the streets and other required infrastructure for this new subdivision are acceptable.

33. Resolution approving and authorizing execution of a Professional Service Agreement with AECOM Technical Services, Inc. for 2021 survey services.  The city's surveyor is taking another job, so the city will need to use AECOM's surveyors to keep this project moving on time. 

Ordinances

34. Pass an ordinance amending Chapter 2, Administration, of the Code of Ordinances relative to mayor and city administrator duties, upon its first consideration.  These are the ordinance revisions I described in my recent blogpost.  It's very important that the City Code is clear on how the Mayor and Administrator roles actually function (especially how the Administrator works for the Mayor, and is accountable to the Mayor).  What's in practice now is an effective system with proper checks and balances between the Council and the Mayor, and with the Administrator being answerable to both....and the City Code just needs to reflect that reality.

Allow Bills and Claims

35. Allow Bills and Claims of April 5, 2021.  The City Council is the approving authority for all bills and claims brought to the city since the last council meeting.

City Council Referrals

City Council Updates

Staff Updates

Adjournment

Council Packet Link
Meeting Date
04/05/21