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Home >> Annotated Agendas >> Annotated Agenda for 9/6/2022

Annotated Agenda for 9/6/2022

Tuesday night's regular council meeting includes the approval of a $2.2M end-of-year General Fund transfer (Item #12), an agreement with Rotary Club for the construction of a new memorial next to the Little Red Schoolhouse (Item #17) and site plan approval for a new duplex on College Hill (Item #19).   The council will also vote on receiving $2.9M in state funds for the Main Street Reconstruction (Item #22) and consider two amendments to the city code -- one being a code clean-up for council meeting procedures (Item #26) and the other an elimination of on-street parking on the east side of Utility Parkway for safety reasons (Item #27). 

Prior to that, at 5:10 the standing committees will meet to learn about the proposed Hearst Center expansion (aka "Hearst 2.0") and hear a presentation on the Destination Iowa grant that Grow Cedar Valley and INRCOG have been working on, and which includes a grant funding request for decorative bridge lighting for our three city bridges (which I support as a way to highlight the river and add some aesthetic beauty to downtown).    Finally, I've scheduled a half-hour for the fire division to provide council with a brief on the August 18th Orchard Hill Drive structure fire. The Public Safety Committee will have the opportunity to ask questions, discuss the response, and pose recommendations for any policy or procedure changes desired.   Any recommendations or resolutions would then have to go to the City Council in a regular meeting for approval.   I strongly approve of this method of council oversight, and have been working steadily these past several years to ensure this kind of oversight process exists and is carried out successfully by the standing committees and their committee chairs.

I hope you can join us in person at the Community Center, via Channel 15, or livestreaming on YouTube.   Thanks as always for doing the hard work to be an informed and engaged resident.  Happy Labor Day!


Call to Order by the Mayor

Roll Call

Pledge of Allegiance  

Approval of Minutes

1. Regular meeting of August 15, 2022. 

Agenda Revisions

Special Presentations

2. Proclamation recognizing September 17-23, 2022 as Constitution Week.

3. Proclamation recognizing September 19-25, 2022 as National Rail Safety Week.

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

Staff Updates

Old Business

4. Pass Ordinance #3015, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to electric vehicle (EV) charging parking spaces, upon its third & final consideration. This has been discussed in previous meetings, to add an official EV charging parking spot in the parking spaces north of City Hall, as well as to provide enforceability for improper use of the spaces. If approved in this meeting, it will be the third time approved and will take effect as law. 

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.)

5. Receive and file the Administration Committee minutes of August 10, 2022 relative to an appeal hearing of a dangerous animal. This action is to enter the minutes into the official record as an accurate reflection of what transpired in the meeting.  It is not a time to debate the merits of the committee discussion.  This was a hearing to appeal the destruction of a dangerous animal; the council members, based on the evidence and testimony presented, determined it was not in the public's best interest to grant the appeal.

6. Receive and file the City Council Standing Committee minutes of August 15, 2022 relative to the following items: This action is to enter the minutes into the official record as an accurate reflection of what transpired in the meeting.  It is not a time to debate the merits of the committee discussion. 

a) Fireworks follow-up.

b) Downtown public parking structure.

c) Safety Improvements - 6th & State to 6th & Main.

d) Clarification of Private Shared Parking Requirements Referral to Planning & Zoning Commission.

7. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: Thanks go to these citizens for their civic spirit in volunteering for this important commission.

a) Donna Mallin, Human Rights Commission, term ending 07/01/2023.

b) Jason Mehmen, Human Rights Commission, term ending 07/01/2023.

c) Robert Wright, Human Rights Commission, term ending 07/01/2024.

8. Receive and file a communication from the Civil Service Commission relative to the certified list for the position of Building Inspector. This simply enters into the record the determination by the Civil Service Commission that the candidates listed in the certified list meet the requirements of the position.

9. Receive and file Departmental Monthly Reports of July 2022. This monthly report helps us keep tabs on the departmental work.  I am working to establish a different process where the Standing Committees will receive a report from "their" department quarterly for review and a recommendation for receive and file by the City Council.

10. Approve an Order Accepting Acknowledgment/Settlement Agreement with Daffodils, Inc., d/b/a Buzz Smoke & Vapor, 2125 College Street, for a first tobacco violation. Businesses and clerks are cited if they sell tobacco to minors.  This simply documents the citation.

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

a) Aldi Inc., 315 Brandilynn Boulevard, Class C beer & Class B wine - renewal.

b) Fleet Farm, 400 West Ridgeway Avenue, Class C beer & Class B wine - renewal.

c) Fleet Farm Fuel, 108 West Ridgeway Avenue, Class C beer & Class B wine - renewal.

d) Hampton Inn & Suites, 101 West 1st Street, Class C beer & Class B wine - renewal.

e) Metro Mart, 103 Franklin Street, Class C beer - renewal.

f) SingleSpeed Brewing Co., 128 Main Street, Class C liquor, Special Class A beer & outdoor service - renewal.

g) Wilbo, 118 Main Street, Class C liquor - renewal.

h) Casey's General Store, 1225 Fountains Way, Class E liquor - renewal.

i) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C liquor & outdoor service – temporary expansion of outdoor service area. (September 16 & September 29-30, 2022)

j) Fleet Farm, 400 West Ridgeway Avenue, Class C beer & Class B wine – change in ownership.

k) Fleet Farm Fuel, 108 West Ridgeway Avenue, Class C beer & Class B wine – change in ownership.

l) Casey's General Store, 1225 Fountains Way, Class E liquor – change in ownership.

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.)

12. Resolution approving and authorizing the transfer of funds from the General Fund to the Capital Projects Fund, Health Insurance Fund, and Rec Capital Fund relative to the fiscal year ending June 30, 2022. This action would apply the $2.2M in unused general funds from FY22 toward replenishing the city's self-insured insurance fund after several large claims, as well as for capital projects in the rec and fitness & general CIP categories.  I anticipate some of this remainder may be needed to help cover inflationary increases in several upcoming projects.

13. Resolution approving and authorizing execution of a Wellness Program Services Agreement with TMA @ Your Service, LLC (d/b/a “Wellworks For You”) relative to a platform for the city’s employee wellness program. This would allow the city to work with a contractor on employee wellness services.   The packet does not include the pricing in the noted Exhibit "A", so I will ask staff to provide this to the City Council before they are asked to vote on it.

14. Resolution approving and authorizing execution of a Red House Studio Lease relative to the use of 224 West Seerley Boulevard as artist studio space, in conjunction with the Hearst Center’s Visiting Artist Program. This will allow a new artist to lease open space at the house next to the Hearst Center for $145/mo.  This is an agreement we've been using for several years as an artist incubator. 

15. Resolution approving and authorizing execution of a Cultural Leadership Partners Program Operating Support Grant with the Iowa Department of Cultural Affairs relative to Hearst Center Cultural Programs and Operational Expenses. This simply provides the Hearst Center for the Arts with the ability to receive $10K from the state in the second of three years of grant-funding.  

16. Resolution approving and authorizing execution of three Agreements for Lease of Artwork relative to the Main Street Bridge Murals Project. This action allows mural art to be leased for $1000 each for up to three years, to be painted on aluminum and affixed to the underpass of the Main Street Bridge.

17. Resolution approving and authorizing execution of a Agreement for Rotary Plaza with The Rotary Club of Cedar Falls relative to construction of a plaza, monument and recreational trail to be located at 205-221 West 1st Street. This agreement follows a recent presentation by Rotary Club for the installation of a new monument between the Little Red School House and the Behrens-Rapp Gas Station.  I support this proposal, which would sadly entail removing one or more trees.    New trees would be planted in the vicinity to offset the loss. 

18. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 1910 Tremont Street relative to the Rental to Single Family Owner Conversion Incentive Program. This action would grant the homeowner's request for a $10K forgivable loan for exterior improvements to the property.

19. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for construction of a new duplex at 1224 West 20th Street. This action would allow an existing home to be demolished and a new duplex built in its place.  While I dislike home designs that place the garage door as the only real frontage of a home, I appreciate that in this instance there is not much of a practical alternative.  I'm very glad the Planning & Zoning Commission had a chance to review and weigh in, and I trust their judgment.

20. Resolution receiving and filing the bids, and approving and accepting the bid of Iowa Flatworks, Inc., in the amount of $49,143.69, being the lowest bid received for the 2022 Sidewalk Assessment Project - Zone 5. This action would allow the contractor to proceed with the final contract so that work can begin on repairing and replacing sidewalks throughout the city.  Costs will be assessed to the property taxes of homeowners taking part in this annual project.

21. Resolution approving and accepting a Purchaser’s Affidavit and Warranty Deed, in conjunction with the Olive Street Box Culvert Project. This agreement allows the city to acquire land as part of the replacement of the Olive Street Box Culvert, which was approved in a previous meeting.

22. Resolution approving and authorizing execution of an Agreement for a Surface Transportation Block Grant (STBG) Program Federal-aid SWAP Project with the Iowa Department of Transportation relative to the Main Street Reconstruction Project - 6th Street to University Avenue. This action would accept up to $2.9M in state funding for work being done on Main Street from 6th to Seerley.

23. Resolution approving and authorizing execution of two Vacancy Agreements, in conjunction with the Main Street Reconstruction Project - 6th Street to University Avenue. This agreement would pay the owner of a duplex $1500/month to not rent the spaces out to tenants. The city will be purchasing the building, and this arrangement will save the city the costs of relocating tenants once the building is purchased and torn down.  I will encourage staff to move as quickly as possible for property purchase in order to minimize these extra costs to the city.

24. Resolution approving and authorizing execution of fourteen Owner Purchase Agreements, seven Tenant Purchase Agreements and one Driveway Approach Agreement; and approving and accepting ten Temporary Construction Easements and seven Tenant Temporary Construction Easements, in conjunction with the Main Street Reconstruction Project - 6th Street to University Avenue. This is a routine process for obtaining property temporarily or permanently as part of the construction process.  I will ask staff to explain how values for "total takes" are determined, specifically regarding 1123/1125 Main Street ($396K) and 1203 Main Street ($264K).  

25. Resolution setting September 19, 2022 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to Planning & Zoning Commission review of site plans in the Downtown Character District (CD-DT). This action just sets the date for the public hearing; no concerns.

Ordinances

26. Pass an ordinance amending Chapter 2, Administration, of the Code of Ordinances relative to adoption of revised City Council Meeting Procedures, upon its first consideration. I am requesting that the City Council approve some revisions to the city code, to de-conflict the city code and the new Council Meeting Procedures (CFD 1121.22).  It doesn't actually change any procedures, just cleans up the code a lot. If approved in this meeting, the change will require two more readings at the next two council meetings in order to be approved and change the city code.

27. Pass an ordinance amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking on portions of Utility Parkway, upon its first consideration. This seems like a very straightforward request to eliminate on-street parking on Ulility Parkway on the approach to CFU.  Considering the significant amount of utility vehicle traffic on this stretch, the change makes sense to me.

Allow Bills and Claims

28. Allow Bills and Claims for September 6, 2022. The City Council is the approving authority for all bills and claims made against the city since the last council meeting.

Council Referrals

Council Updates and Announcements

Adjournment

Council Packet Link
Meeting Date
09/06/22