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Home >> Annotated Agendas >> Annotated Agenda for 5/17/2021

Annotated Agenda for 5/17/2021

Monday night's regular Council meeting includes consideration to extend the Cedar Falls Mask Resolution, which is set to expire May 19th unless Council continues it (Item #6).  The council will also consider approval of six 6-plexes in the Autumn Ridge area, and many other administrative items.

Also that night, in Committee of the Whole (5:20pm) the Council will receive a 60 minute presentation on the proposed Downtown Zoning Ordinance changes which came about as a result of the "Imagine Downtown! Visioning Plan".  This is an item to study carefully, as adoption of it will no doubt set the direction of development in that area for the next half-century.   We also have 30 minutes scheduled for a presentation from our new Recreation and Community Programs manager; I'm looking forward to hearing what he has to share about the city's recreation program for the coming months.

I hope you can join us in person or virtually via the links below....as always, thanks so much for taking an active interest in local government, and for doing the hard work to be an informed and engaged citizen!


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/UCCzeig5nISdIEYisqah1uQ
(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 May 3, 2021. This action simply 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 Presentations

2. Proclamation recognizing May 16-22, 2021 as National Public Works Week. 

3. Proclamation recognizing June 5, 2021 as National Trails Day.

Special Order of Business

4. Public hearing on a proposal to undertake a public improvement project for the Olive Street Box Culvert Project, and to authorize acquisition of private property for said project. The reconstruction of the box culvert on Olive Street in the College Hill area will require the city to purchase some currently-private property.  This action allows the city to move forward with these actions. 

a) Receive and file proof of publication of notice of hearing. (Notice published May 7, 2021)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving a public improvement project for the Olive Street Box Culvert Project, and authorizing acquisition of private property for said project.

5. Public hearing on the proposed rezoning from A-1, Agricultural District and R-1, Residential Zoning District to MU, Mixed Use Residential Zoning District of certain property located north of Huntington Road and west of Cedar Heights Drive, and also on an associated amendment to the Future Land Use Map by changing the designation from Office & Business Park to Planned Development. This brings certain property into the same zoning rules as Pinnacle Prairie to the west, to allow for more cohesive development of that area.

a) Receive and file proof of publication of notice of hearing. (Notice published May 7, 2021)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public Comments.

e) Resolution amending the Future Land Use Map by changing the designation from Office & Business Park to Planned Development, for property located west of Cedar Heights Drive and north of Huntington Road.

f) Pass an ordinance amending Section 26-118 of the Code of Ordinances by removing certain property located west of Cedar Heights Drive and north of Huntington Road from the A-1, Agricultural District and R-1, Residential Zoning District, and placing the same in the MU, Mixed Use Residential Zoning District, upon its first consideration.

Old Business

6. Resolution extending the mask mandate for the City of Cedar Falls.  This action would continue the existing mask requirement to June 23rd.  It has been in effect since September 8th, and I believe it has been effective in reducing the transmission of COVID-19 in our community.  Vaccines are readily available to most of the population, and our transmission risk has been quite low (and decreasing since mid-February).  As  I read the data, we are no longer at risk of overwhelming our regional health care system, and so a city-wide government mask requirement is no longer justified.  

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.)

7. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: By city code, the City Council is the approving authority for these kinds of permits.

a) Dollar General Store, 2921 Center Street.
b) Dollar General Store, 1922 Valley Park Drive.
c) Fleet Farm, 400 West Ridgeway Avenue.
d) Fleet Farm Fuel, 108 West Ridgeway Avenue.
e) Mini Mart, 1420 West 1st Street.
f) Prime Mart, 2323 Main Street.

8. Approve the following applications for beer permits and liquor licenses: By city code, the City Council is the approving authority for these kinds of permits.

a) Hurling Hatchet, 100 East 2nd Street, Class B beer - renewal.
b) Hy-Vee Clubroom, 6301 University Avenue, Special Class C liquor - renewal.
c) Berk's Main Street Pub, 207 Main Street, Class C liquor - renewal.
d) Voodoo Lounge, 401 Main Street, Class C liquor - renewal.
e) Casey's General Store, 2425 Center Street, Class E liquor - renewal.
f) Casey's General Store, 5226 University Avenue, Class E liquor - renewal.
g) Walgreens, 2509 Whitetail Drive, Class E liquor - renewal.
h) North Shore Boat Club, Island Park, Class B beer & outdoor service - 5 day permit.
i) Mini-mart, 1420 West 1st 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.)

9. Resolution approving and adopting the City’s FY22 Appropriations Resolution. This is one of my favorite city documents!  Pages 85-125 detail how the city government plans to spend taxpayer funds in FY2022 (July 1, 2021 to June 30, 2022).  If you want to be smart on city finance, this is a key document to understand.  I've learned so much about how the government operates just by studying this report, and I hope you will, too!

*** Items 10-14 below all deal with changing the terms of internal city loans, to lower the interest rates in keeping with the current low market interest rates. ***

10. Resolution amending an inter-fund loan from the Capital Projects Fund to the Sewer Enterprise Fund relative to funding for the Water Reclamation UV Disinfection & Biosolids Handling Facilities Improvements Project and the Bluff Street Lift Station. 

11. Resolution amending an inter-fund loan (#1) from the Health Trust Fund to the Sewer Enterprise Fund relative to funding for the Water Reclamation UV Disinfection & Biosolids Handling Facilities Improvements Project. 

12. Resolution amending an inter-fund loan (#2) from the Health Trust Fund to the Sewer Enterprise Fund relative to funding for the Water Reclamation UV Disinfection & Biosolids Handling Facilities Improvements Project. 

13. Resolution amending an inter-fund loan (#3) from the Health Trust Fund to the Sewer Enterprise Fund relative to funding for the Water Reclamation UV Disinfection & Biosolids Handling Facilities Improvements Project. 

14. Resolution amending an inter-fund loan (#4) from the Health Trust Fund to the Sewer Enterprise Fund relative to funding for the Water Reclamation UV Disinfection & Biosolids Handling Facilities Improvements Project, Bluff Street Lift Station and the Park Drive Lift Station. 

15. Resolution designating the dates and locations for the annual Sturgis Falls Celebration and Cedar Basin Music Festival. This annual action is required by City Code in order to designate where animals are prohibited for the duration of these special events. 

16. Resolution approving and authorizing execution of an Agreement for the Use of State or Local Overtime and Authorized Expense/Strategic Initiative Program for Organized Crime Drug Enforcement Task Forces (OCDETF) for FY2021. This standard, ongoing agreement with the FBI provides the city with a $3K grant to cover overtime costs related to drug enforcement. 

17. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with L&M Transmission. This agreement is similar to previous years, where the towing company agrees to tow vehicles for $75 when requested by the city. 

18. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with Rasmussen Towing, Inc. This agreement is similar to previous years, where the towing company agrees to tow vehicles for $75 when requested by the city. 

19. Resolution approving and authorizing execution of an Agreement to Support Economic Development Program of the College Hill Partnership relative to an FY22 Economic Development Grant. This continues the terms of past agreements to provide $2250 in taxpayer funds for this organization's economic development work.  The city has found these agreements to be beneficial for fostering the economic vitality of the city.

20. Resolution approving and authorizing execution of an Agreement to Support Economic Development Program of Cedar Falls Community Main Street relative to an FY22 Economic Development Grant. This continues the terms of past agreements to provide $12,000 in taxpayer funds for this organization's economic development work. The city has found these agreements to be beneficial for fostering the economic vitality of the city.

21. Resolution approving and authorizing execution of an Agreement to Support Economic Development in the Cedar Valley with Grow Cedar Valley relative to the FY22 Economic Development Grant. This continues the terms of past agreements to provide $22,660 in taxpayer funds for this organization's economic development work.  It also allows for additional incentives of up to $22K if certain conditions are met.  The city has found these agreements to be beneficial for fostering the economic vitality of the city.

22. Resolution approving and accepting an Access Easement relative to proposed development at 422 Main Street. This request from the property owner will change how vehicles access the property (from State Street rather than from Main Street).  The change will open up this property for development; right now, it's a parking lot at a very valuable and visible location (https://bit.ly/3yoqa59).

23. Resolution approving and authorizing execution of a Subrecipient Agreement for Federally Funded Project with the Northeast Iowa Food Bank for Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. ..This agreement would provide $40K in federal CARES Act funds to support four positions with increased duties in response to COVID-19.   Having seen NEIFB's operations first hand, I appreciate their great stewardship of resources and the excellence & passion of their staff.

24. Resolution approving an amendment to the Autumn Ridge Master Plan relative to Autumn Ridge Tenth Addition. Items 24, 25, and 26 all relate to new six new 6-plexes planned for development along the westernmost edge of Autumn Ridge. For these to be built, some changes to the master plan & the plats for that property would have to be approved. 

25. Resolution approving the preliminary plat of Autumn Ridge Tenth Addition. (contingent upon approval of previous item) See #24.

26. Resolution approving the final plat of Autumn Ridge Tenth Addition. (contingent upon approval of previous item) See #24.

27. Resolution approving and authorizing execution of an Agreement for Maintenance and Repair of Primary Roads in Municipalities with the Iowa Department of Transportation. This is an interesting item...it just states what IDOT will maintain within our city limits, for the next five years.  I thought would just be in a state law somewhere, but it looks like the city has to agree to it very five years.  I learn something new about civics everyday! 

28. Resolution approving and authorizing execution of two Owner Purchase Agreements, and approving and accepting two Temporary Construction Easements and three Permanent Easements, in conjunction with the West 27th Street Sanitary Sewer Extension Project. This is all the legal & engineering documentation needed to move ahead with the extension of the city's sanitary sewer, to serve the new Cedar Falls High School and new residential development. 

29. Resolution setting June 7, 2021 as the date of the public hearing on a proposal to undertake a public improvement project for the Ashworth Drive Extension Project, and to authorize acquisition of private property for said project. This just sets the date of the hearing.

30. Resolution receiving and filing, and setting June 7, 2021 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the West 27th Street Sanitary Sewer Extension Project.  This just sets the date of the hearing.

31. Resolution receiving and filing, and setting June 7, 2021 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Oak Park Boulevard Sanitary Sewer Replacement Project.  This just sets the date of the hearing.

Ordinances

32. Pass an ordinance amending Chapter 2, Administration, of the Code of Ordinances relative to Boards and Commissions, upon its first consideration. In a previous meeting, a member of the health trust fund board had submitted a "letter of resignation" to note that she did not wish to continue service on that board when her term expires this year.  I questioned the need for a resignation letter;  as Mayor, I would simply just not reappoint that person to a new term.  City Attorney Rogers stated that, as he read the city ordinances, a board or commission member could only ever be removed for 'just cause'.   This would be contrary to the whole idea of "terms" and "reappointments"...the City Attorney's interpretation would mean that all boards and commission appointments would be for life.  Such an interpretation would greatly limit the power of the Mayor and Council to influence the direction of the boards and commissions through the selection of members, and (I believe) would not be in keeping with the intent of specified terms and the reappointment process.

To avoid any uncertainty or differing interpretation, I have asked Attorney Rogers to make clear in the city code that new terms require reappointment by the mayor with the consent of the City Council.    This code update would be very much in keeping with current practices and past precedent, so does not actually "change" anything, but will help prevent possible future misinterpretations.

33. Pass an ordinance amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking on portions of Algonquin and Ashworth Drive, upon its first consideration. This change is intended to help the traffic flow right near the Place to Play Park, and is tied to the soon-to-be-constructed parking spaces to the south of the park.   It just keeps cars from parking along the side of the street right near the playground, which as been a safety concern.

Allow Bills and Claims

34. Allow Bills and Claims of May 17, 2021.  The City Council is the approving authority for all bills and claims presented to the city since the last Council meeting.

City Council Referrals

City Council Updates

Staff Updates

Adjournment

 

Council Packet Link
Meeting Date
05/17/21