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Home >> Annotated Agendas >> Annotated Agenda for 6/7/2021

Annotated Agenda for 6/7/2021

Monday night's regular 7pm council meeting does not appear to me to contain controversial or hot-button items (though you're welcome to disagree).   At 5:10, the council will meet in a work session to go over some details of the proposed Downtown Zoning Ordinances, and at 6:10, the Council will meet in Committee of the Whole to deliberate on the Downtown & College Hill paid parking moritorium's expiration on August 1st.  The goal at the meeting will be to reach a consensus on the way forward -- to return to paid parking as is already described in the city code, or to make modifications, or potentially to end it entirely.   It will be important to consider all sides and weigh the various pros and cons before the City Council commits to a direction for August and beyond.   You can download those two meeting packets at http://www.cedarfalls.com/852/Public-Meeting-Agendas-With-Video. 

I hope you can join us in person, virtually via the links below, or watching on Channel 15 and YouTube.  As always, thank you for investing the time necessary to be an informed and engaged resident.


The City is providing in-person and electronic options for this meeting in accordance with the Governor's Proclamation of Disaster Emergency regarding meetings and hearings. 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/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 17, 2021. This action simply adds the minutes to the record as an accurate reflection of what transpired in the previous 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 One of my privileges as mayor (which, as far as I know, isn't even written anywhere) is that I can issue proclamations on behalf of events and organizations.  This week, we recognize both Juneteenth and our new designation as an Iowa Bird-Friendly City. 

2. Proclamation recognizing June 13-19, 2021 as Bird-Friendly City Week. 

3. Proclamation recognizing June 19, 2021 as Juneteenth - Freedom Day.

Special Order of Business

4. 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 action would be required for the City to move forward with property and right of way purchase discussions with property owners, in order to add an ingress/egress for the Prairie Winds subdivision, and to relieve traffic pressure on Erik Road.

a) Receive and file proof of publication of notice of hearing. (Notice published May 21, 2021)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving a public improvement project for the Ashworth Drive Extension Project, and authorizing acquisition of private property for said project.

5. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the West 27th Street Sanitary Sewer Extension Project. This hearing an opportunity for the public to comment on an estimated $281K project to extend sanitary sewer service for the new high school and nearby new subdivision.

a) Receive and file proof of publication of notice of hearing. (Notice published May 21, 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 West 27th Street Sanitary Sewer Extension Project.

6. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Oak Park Boulevard Sanitary Sewer Replacement Project. This is the public opportunity to comment on an estimated $545K project to both remove a failed sanitary sewer line and install a new one.

a) Receive and file proof of publication of notice of hearing. (Notice published May 21, 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 Oak Park Boulevard Sanitary Sewer Replacement Project.

Old Business

7. Pass Ordinance #2989, 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 second consideration. This would allow the property to be incorporated into planning for the Pinnacle Prairie Master Plan.  This is the second of three required readings.

8. Pass Ordinance #2990, amending Chapter 2, Administration, of the Code of Ordinances relative to Boards and Commissions, upon its second consideration. This clarifies the code to eliminate the possible interpretation that city board and commission appointments are "lifetime appointments".   This is the second of three required readings.

9. Pass Ordinance #2991, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking on portions of Algonquin and Ashworth Drives, upon its second consideration. These changes are to make permanent the already-in-place parking restrictions near the Place to Play Playground.  The city is also installing new parking spaces there to address the parking pressures there. This is the second of three required readings.

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 Mayor's Monthly Report for May 2021. This is my monthly public report to the City Council on my activities and plans as mayor.  I've been doing this for several months now in order to keep the City Council informed, while also being transparent with the public. 

11. Receive and file the report of the Mayor relative to the appointment of standing committees for 2021. The memo explains that this change was necessary to account for the need in the city Emergency Operations Plan that the Mayor Pro Tem and the Admin Committee Chair not be the same person.

12. Receive and file the resignation of Willie B. Barney, Jr. as a member of the Human Rights Commission effective June 15, 2021. I thank Willie Barney for his service to the community, and wish him the best of success in his job as a School Superintendent in a different community. 

13. Approve the following recommendations of the Mayor relative to the reappointment of members to Boards and Commissions: I have a standing policy of reappointing any board or commission member who has served ably during the previous term. 

a) Stephanie Houk Sheetz, Metropolitan Transit Authority Board of Trustees, term ending 06/30/2024.
b) Lauren Finke, Art & Culture Board, term ending 07/01/2025.
c) Kendra Wohlert, Art & Culture Board, term ending 07/01/2025.

14. Receive and file the Committee of the Whole minutes of May 17, 2021 relative to the following items:  This action simply adds the minutes to the record as an accurate reflection of what transpired in the previous meeting; it is not an appropriate time to debate the merits of the items themselves.

a) Downtown Zoning Ordinance.
b) Recreation Update.

15. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Public Safety Officer. This a standard communication from the CSC, based on the latest round of testing and interviews for public safety officers.

16. Receive and file Departmental Monthly Reports of April, 2021. This report details the monthly activities of the departments.  Up until this month, I was submitting these to City Council myself.   I did this because the City Code had previously stated that the Mayor directly supervised the departments.  Now, the new version of the code (which I wrote myself) states that the Mayor supervises the Administrator, who in turn supervises the departments.   So I believe it is appropriate now for the Administrator to submit this departmental report both to me and the Council at the same time.   This means I read it along with the council in the packet, not ahead of time.   I'm willing to change if there's a compelling argument in a different direction, but for me this makes sense based on the City Code.  To be clear,  I have the authority to direct staff as I see fit (through the administrator, as long as it doesn't conflict with council-established policy) but these departmental reports are a matter of routine daily operations, and I'm glad to have the Administrator be the "author" of it now.

17. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: The Council is the approving authority of all of these kinds of permits, per the City Code.  Quitting smoking (and now vaping) is one of the best investments you can make.  Your future you will thank you!

a) Cypress Lounge, 209 State Street Suite A.
b) Fareway, 4500 South Main Street.
c) Fareway, 214 North Magnolia Drive.
d) Hill Street News & Tobacco, 2217 College Street.
e) King Star, 2228 Lincoln Street.
f) Kwik Star, 7500 Nordic Drive.
g) Kwik Star, 2019 College Street.
h) Kwik Star, 4515 Coneflower Parkway.
i) Panther Travel Center, 1525 West Ridgeway Avenue.
j) Suds, 2223 1/2 College Street.
k) Tobacco Outlet Plus, 4116 University Avenue Suite 104-105.
l) Walgreens, 2509 Whitetail Drive.
m) Walmart, 525 Brandilynn Boulevard.

18. Approve the following applications for beer permits and liquor licenses: The Council is the approving authority of all of these kinds of permits, per the City Code.

a) Kwik Star, 2019 College Street, Class C beer & Class B wine - renewal.
b) Kwik Star, 7500 Nordic Drive, Class C beer & Class B wine - renewal.
c) Famous Dave's, 6222 University Avenue, Class C liquor -renewal.
d) Harry's Five and Dime, 123 Main Street, Class C liquor - renewal.
e) Los Cabos Mexican Restaurant, 112-114 Main Street, Class C liquor & outdoor service - renewal.
f) Montage, 222-224 Main Street, Class C liquor & outdoor service - renewal.
g) Mulligan's Brick Oven Grill & Pub, 205 East 18th Street, Class C liquor & outdoor service - renewal.
h) Hy-Vee Food Store, 6301 University Avenue, Class E liquor - renewal.
i) Prime Mart, 2323 Main Street, Class E liquor - renewal.
j) Moonshine Mob Bar, 419 Main Street, Class C liquor & outdoor service - sidewalk café.
k) Amvets, 1934 Irving Street, Class A liquor & outdoor service - temporary expansion of outdoor service area. (June 25-27, 2021)
l) Sturgis Falls Celebration, Gateway Park, Special Class C liquor & outdoor service - 5-day permit.

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.)

** 19-24 All relate to a landlord's failure to clear snow from sidewalks adjoining those properties, in violation of city code.  Pedestrians need clear sidewalks to safely navigate the city, especially near the University of Northern Iowa.   The city hires contractors to rectify nuisance properties when the property owner is unable or unwilling to do so.

19. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the property located at 1122 West 22nd Street. 
20. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the property located at 2413 Olive Street. 
21. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the property located at 804 West Seerley Boulevard.
22. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the property located at 818 West Seerley Boulevard.

23. Resolution approving and authorizing execution of an Easement Agreement, in conjunction with a sidewalk café at 419 Main Street. This would allow an outdoor cafe seating area at this location -- a practice allowed for other area establishments as well.

24. Resolution approving and authorizing execution of a Service/Product Agreement with WEX Health, Inc. relative to providing COBRA Administrative Services. A routine agreement to outsource COBRA health care administration for $1562.00.  This allows this company, which specializes in these administrative services, to take the load off of city staff, who can focus on other matters within the city.

25. Resolution approving and authorizing execution of the renewal of the City's Long Term Disability Policy with National Insurance Services for FY22-FY24. A routine agreement; no questions.

26. Resolution approving a Proposal for Facilitation Services, and authorizing execution of a contract with Iowa State University Extension relative to the Racial Equity Task Force. This would allocate an amount, not to exceed $15K for Iowa State University Extension facilitators to structure the work of the task force and assist them in meeting their October deadline (which is fast approaching).   Offloading this support work will free up the city HR Manager, Toni Babcock, to work on other important projects like the City Workplace Climate Audit that the council included in the FY22 Council Goals.  

27. Resolution approving and authorizing execution of an Agreement in Support of the Cedar Falls Community Theatre, Inc. relative to an FY2022 Community Betterment Grant. Approval of this item would provide $1K in taxpayer funds for meeting room enhancements.

28. Resolution approving and authorizing execution of an Agreement in Support of the Cedar Falls Historical Society relative to an FY2022 Community Betterment Grant. Approval of this item would provide $900 in taxpayer funds for a new sign for the Victorian Home.

29. Resolution approving and authorizing execution of an Agreement in Support of the College Hill Partnership relative to an FY2022 Community Betterment Grant. Approval of this item would provide $600 in taxpayer funds to purchase banners for the College Hill Farmers Market.

30. Resolution approving and authorizing execution of an Agreement in Support of the University of Northern Iowa - Gallagher Bluedorn relative to an FY2022 Community Betterment Grant. Approval of this item would provide $1K in taxpayer funds for meeting room enhancements.

31. Resolution approving and authorizing execution of an Agreement in Support of the Robert J. Hibbs Cedar Falls VFW Post 3896 Gold Star Family Memorial relative to an FY2022 Community Betterment Grant. Approval of this item would provide $1K in taxpayer funds for meeting room enhancements.

32. Resolution approving and authorizing execution of an Agreement in Support of the Waterloo-Cedar Falls Symphony relative to an FY2022 Community Betterment Grant. Approval of this item would provide $2K in taxpayer funds for educational programming for youth.

33. Resolution approving and authorizing execution of a Service/Product Agreement with ePRepSolutions, LLC for a Comprehensive Financial Analysis of Recreation & Community Programs. This would apply $3350 in taxpayer funds (through the Rec Program's Professional Services budget) to obtain a financial analysis of the true cost of doing business for the city's recreation program, and to determine what changes, if any, are warranted for revenue generation in our city rec programs.

34. Resolution approving and authorizing execution of a Service/Product Agreement with Bear Creek Archeology, Inc. for cultural resources identification survey (CRIS) services in the industrial park, in conjunction with the Iowa Economic Development Authority (IEDA) Certified Site Program. This would provide $8150 in taxpayer funds to consultancy to conduct a professional land survey required for the West Viking Industrial Park's certification as an IEDA Certified Site.  This certification will be highly advantageous for the city to compete for national-level economic development projects. 

35. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for facade improvements at 2125 College Street. Council approval is required for any signage being proposed for our two Business Districts.  This is for a sign for a new tobacco/vape shop next door to Great Wall Chinese Takeout.

36. Resolution approving and accepting an Ingress and Egress Easement relative to the 302 Main Street and 123 East 3rd Street properties. This agreement is the final piece needed for final occupancy of the new 302 Main Street Building, and the easement agreement gives me no concerns.

37. Resolution approving the Blain’s Corner 2nd Addition Minor Subdivision Plat. This allows Blain's Farm and Fleet to sell off the eastern part of its property for use as the location of a new Aldi (next item).

38. Resolution approving a Hwy-1, Highway Commercial Zoning District site plan for construction of a grocery store at 315 Brandilynn Boulevard, as recommended by City staff. (contingent upon approval of previous item) This is an exciting project, for a new Aldi on the eastern edge of Blain's Farm and Fleet.  I will be very curious to hear of the plans for the existing Aldi on University Avenue.   The city cannot require that an Aldi location remain there, but I would strongly advocate for its continuance there.  Also, I will be discussing with Kris Hanson of Western Home Communities and City Staff about how we might better connect that area to the Western Home Communities.  Right now, it seems there's a "no mans land" just south of WHC with no access to the stores along Viking Road.  Would it be possible to at least have a golf cart / utility vehicle access to enable more 'neighborhood level' transit and shopping for older residents, without taking a full-size car or van all the way around?

39. Resolution approving and authorizing the expenditure of funds for the purchase of an end loader for the Public Works Department. This approval would allocate $101K in taxpayer funds for a specialized piece of Public Works equipment.  I'm glad to see that we're using John Deere machinery and putting money back into the local economy.

40. Resolution approving and authorizing execution of a Lease Agreement with the Black Hawk County Solid Waste Management Commission relative to the use of certain city-owned property located at 1500 Bluff Street by the WasteTrac environmental education team. This action would lease an unused office to WasteTrac for $3600 a year, and is a continuance of previous agreements.

41. Resolution approving the Certificate of Completion and accepting the work of Boulder Contracting, LLC for the 2020 Street Patching Project. This allows the contractor to receive the final payment from a total $289K project, paid for by Cedar Falls Utilities.

42. Resolution receiving and filing the bids, and approving and accepting the low bid of Peterson Contractors Inc., in the amount of $6,520,858.73, for the Cedar Heights Drive Reconstruction Project, and authorizing the City Engineer to execute the required contract, bond and insurance, using the Iowa Department of Transportation (IDOT) electronic file management system. This action would allow the city to move forward with this $6.5M major street reconstruction project.

43. Resolution approving and authorizing execution of Supplemental Agreement No. 3 to the Professional Service Agreement with Snyder & Associates, Inc. for construction services relative to the Cedar Heights Drive Reconstruction Project. This would provide Snyder and Associates compensation of up to $367K for a variety of services related to the Cedar Heights Drive Reconstruction Project, and is similar to agreements successfully completed by the contractor on similar projects.

Allow Bills and Claims

44. Allow Bills and Claims of June 7, 2021. The City Council is the approving authority on all bills and claims brought forward since the last council meeting.

City Council Referrals

City Council Updates

Staff Updates

Executive Session to discuss

45. Executive Session to evaluate the performance of the City Administrator pursuant to Iowa Code Section 21.5(1)(i). Each year, the mayor is required to evaluate the performance of the City Administrator.  As part of this process, the Administrator has the right to request a closed-door Executive Session with the City Council to obtain performance feedback.  I take the City Council's feedback into account for preparing the final evaluation which I will do this upcoming week.  

Adjournment

 
Council Packet Link
Meeting Date
06/07/21