Happy Labor Day Weekend! Because of the holiday, the regular City Council meeting will be Tuesday evening instead of Monday evening. Council will consider the proposed mask requirement (Item #4) which was originally brought forward to City Council on August 17th and postponed indefinitely. I've also recommended that the council consider the removal of a city commissioner for just cause (Item #14). The other items on the agenda are fairly routine administrative matters.
Prior to the regular meeting, the council will hold an informal work session at 6pm to discuss the current state of the Human Rights Commission (HRC) and to seek consensus on the council's expectations for this body going forward. I've learned in the past several months that the HRC is operating in a manner somewhat different from its charter under the City Code, and this needs to be addressed for the future effectiveness of that body and its commissioners. Public comment will not be taken at that Work Session, but observation is welcomed and encouraged.
I hope you can join us on Zoom for both meetings; links are below. As always, thanks for doing the work to be an informed and engaged citizen.
To protect against the spread of the COVID-19, the meeting will be held via video conference. 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. Approval of the minutes of the Regular City Council meeting of August 17, 2020 and the Special City Council meeting of August 19, 2020. This action simply enters the minutes of the meeting into the official record as an accurate reflection of what transpired at the meeting; it is not an appropriate venue to debate the merits of the topics discussed in that session.
Agenda Revisions
Special Order of Business
2. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2020 Street Patching Project. This would allow bids to be brought forward for this estimated $367K project in Cedar Falls Utilities funds for utility patchwork on city streets.
a) Receive and file proof of publication of notice of hearing. (Notice published August 21, 2020)
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 2020 Street Patching Project.
Old Business
3. Pass Ordinance #2969, amending Section 26-118 of the Code of Ordinances by removing property located north of West 27th Street and west of P E Center Drive from the A-1, Agricultural District, and placing the same in the P, Public District, upon its second consideration. This was voted in the affirmative in our last regular session, so requires this meeting and one more meeting's approval to become official. This zoning change would be required in order for the new Cedar Falls High School to be built on that property.
4. Resolution adopting a face mask mandate for the City of Cedar Falls. The resolution draft is on page 23-26; it's the same document that was discussed in the August 17th meeting and indefinitely postponed. The text is nearly identical to the language adopted by other major cities (not sure who originated it)...Des Moines, Waterloo, Iowa City, Cedar Rapids, Muscatine, Dubuque, and Ames (which as "age 3" as the lower limit, whereas other cities have "age 2"). If motioned and seconded for discussion, the resolution could be amended by Council to state a different minimum age, as well as any other desired changes. As drafted, there would be no municipal infraction or penalty for violation. This past week I decided to strongly endorse this resolution and gave my reasons at https://robgreeniowa.com/blog/why-i-now-strongly-support-mask-mandate. Ultimately, it will be the council's decision through a roll-call vote.
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.)
5. Receive and file a proclamation recognizing the week of September 6-12, 2020 as Suicide Prevention and Recovery Week. Particularly in these challenging and stressful times, mental health is a real concern. I'm honored to issue this proclamation; if you're feeling like life just isn't worth it, please call 1-800-273-8255 ... that's the National Suicide Prevention Lifeline, and they can help.
6. Receive and file a proclamation recognizing the week of September 17-23, 2020 as Constitution Week. Thanks to the Daughters of the American Revolution for promoting this important commemoration every year. Sure, we all talk about some action being "constitutional" or "unconstitutional", but have your read the document for yourself yet? It's worth every American memorizing the Preamble...and you can learn more about it at https://www.annenbergclassroom.org/constitution/.
7. Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions. No questions or concerns; Mr. Arndt is Chief Curator of the UNI Museum and is a very well-qualified addition to the Historic Preservation Commission.
a) Nathan Arndt, Historic Preservation Commission, term ending 03/31/2022.
8. Receive and file the City Council Work Session minutes of August 17, 2020 relative to City Council Committee Structure. This action simply enters the minutes of the meeting into the official record as an accurate reflection of what transpired at the meeting; it is not an appropriate venue to debate the merits of the topics discussed in that session.
9. Receive and file the City Council Work Session minutes of August 26, 2020 relative to COVID-19 Mitigation Options Discussion. This action simply enters the minutes of the meeting into the official record as an accurate reflection of what transpired at the meeting; it is not an appropriate venue to debate the merits of the topics discussed in that session.
10. Receive and file the City Council Work Session minutes of August 31, 2020 relative to COVID-19 Mitigation Options Discussion. This action simply enters the minutes of the meeting into the official record as an accurate reflection of what transpired at the meeting; it is not an appropriate venue to debate the merits of the topics discussed in that session.
11. Receive and file Departmental Monthly Reports for July 2020. The July 9th windstorm was fortunately nowhere near as severe as the August Derecho. but did take considerable staff time. Those efforts are documented in the monthly reports, and our city's service crews have my deep thanks and appreciation for their commitment to the residents and businesses of Cedar Falls.
12. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: The city council is the approving authority on all alcohol-related permits. Nicotine is highly addictive; quitting smoking is one of the best actions Cedar Falls residents can take for long-term health. https://www.cdc.gov/tobacco/campaign/tips/quit-smoking/index.htm
a) Panther Travel Center, 1525 West Ridgeway Avenue.
b) United Wine & Liquor, 2211 College Street.
13. Approve the following applications for beer permits and liquor licenses: The city council is the approving authority on all alcohol-related permits.
a) Fleet Farm, 400 West Ridgeway Avenue, Class C beer & Class B wine - renewal.
b) Fleet Farm Fuel, 108 West Ridgeway Avenue, Class C beer & Class B wine - renewal.
c) Hampton Inn & Suites, 101 West 1st Street, Class C beer & Class B wine - renewal.
d) Metro Mart, 103 Franklin Street, Class C beer - renewal.
e) Murphy USA, 518 Brandilynn Boulevard, Class C beer - renewal.
f) Hilton Garden Inn, 7213 Nordic Drive, Class B liquor, Class B native wine & outdoor service - renewal.
g) The Pump Haus Pub & Grill, 311 Main Street, Class C liquor & outdoor service - renewal.
h) Wilbo, 118 Main Street, Class C liquor - renewal.
i) Casey's General Store, 1225 Fountains Way, Class E liquor - renewal.
j) Chuck E. Cheese's, 5911 University Avenue, Class B beer – change in ownership.
k) United Wine & Liquor, 2211 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.)
14. Resolution approving the recommendation of the Mayor to proceed with consideration of the removal of a Planning & Zoning Commissioner. My rationale is explained in my memo to the council (beginning on page 81 in the council packet). If the motion is made and seconded by council members, then the only appropriate matter is whether my recommendation is strong enough to warrant further consideration in Executive Session, or if it should simply be dismissed. This would not be an appropriate time to discuss the particulars of the case or present additional evidence; that needs to occur during a closed-door Executive Session, as required by Section 2-159 of the City Code.
15. Resolution approving and authorizing execution of a Settlement Agreement and Release with JKC Investments, LLC relative to the Cyber Lane-2018 Street Construction Project. This action would provide $45K to Mr. Dan Levi to resolve a street construction matter.
16. Resolution levying a final assessment for costs incurred by the City to mow the property located at 1227 West 22nd Street. Properties not in compliance with the city's nuisance ordinances are mowed by a contractor, after a warning. This action assesses the property owner for the cost.
17. Resolution levying a final assessment for costs incurred by the City to mow the property located at 2208 Coventry Lane. Same as #16.
18. Resolution approving and authorizing execution of a Managed Content Licensing and Servicing Agreement with Gordon Flesch Company, Inc. relative to replacement of the City’s document imaging system. This action would allocate up to $84.7K in taxpayer funds to a new electronic document management system. A new system is necessary because the previous one is obsolete and will no longer receive updates.
19. Resolution approving and authorizing execution of a lease relative to property vacated by the 2008 flood buyout programs. The city leases out greenspace property for $1 for residents to rent, as long as they take care of the property upkeep. It's a great deal for the city.
20. Resolution approving the Certificate of Completion and accepting the work of Peterson Contractors, Inc. for the Campus Street Box Culvert Project. This action allows the contractor to receive payment for the work completed.
21. Resolution approving and accepting completion of public improvements in Prairie Winds 4th Addition. This action is the city's agreement that the streets and other infrastructure installed by the developer is finished and correct, so that the next phase of development can begin.
22. Resolution approving and authorizing execution of an Iowa Transportation Alternatives Program (TAP) Project Federal-Aid Agreement with the Iowa Department of Transportation (IDOT) relative to the Lake Street Recreational Trail Project – Central Avenue east to Big Woods Trail Connection. (Begins on page 201) This action allows the Lake Street Trail project to commence, which would require $48K in city taxpayer funds and $302K in state and federal taxpayer funds. It would add a .6 mile recreational trail to the side of Lake Street, to provide better nonvehicular access from North Cedar to Big Woods Lake.
23. Resolution approving and authorizing execution of Supplemental Agreement No. 2 to the Professional Service Agreement with Snyder & Associates, Inc. relative to the Union Road Recreational Trail Project – 12th Street to 27th Street. This action would provide up to $89.5K to Snyder & Associates for the management of easement agreements for this new recreational trail along Union Road.
24. Resolution approving and authorizing payment, not to exceed $88,930.00, to River Place Properties, LC for brick paver upgrades to the Plaza public sidewalk in the event that an Amendment to the Agreement for Private Development with River Place Properties, LC is not executed. This agreement would provide taxpayer funds for the installation at the new Plaza downtown of brick pavers to match the rest of downtown, rather than the original concrete. The legalese also has this in the development agreement being proposed for the proposed downtown parking facility, so as I understand it, this action is just to ensure that the developer knows it will be reimbursed for the work, regardless.
25. Resolution approving and authorizing execution of a First Amendment to Agreement for Professional Services with Pathways Behavioral Services, Inc. for additional Community Development Block Grant (CDBG) funding relative to the CARES Act. The city forwards federal funds to Pathways for support of substance abuse treatment. This would provide $6460 to Pathway per their response to the city's Request for Proposals.
26. Resolution setting September 21, 2020 as the date of public hearing on proposed funding distribution of the State’s Community Development Block Grant (CDBG-CV) funding relative to the CARES Act. No concerns about the date.
27. Resolution setting September 21, 2020 as the date of public hearing on a proposed ordinance granting a partial property tax exemption for Owen 5, LLC for construction of an industrial use shop/office facility at 1325 Rail Way. No concerns about the date.
28. Resolution setting September 21, 2020 as the date of public hearing on a proposed ordinance granting a partial property tax exemption for Zuidberg NA, LLC for construction of an industrial use warehouse and office facility at 2700 Capital Way. . No concerns about the date.
29. Resolution setting September 21, 2020 as the date of public hearing on a proposed ordinance granting a partial property tax exemption for Tjaden Properties, LLC for construction of an industrial use manufacturing/shop facility at 2800 Technology Parkway. . No concerns about the date.
30. Resolution setting September 21, 2020 as the date of public hearing to consider entering into a proposed Agreement for Private Development with Panther Builders, LLC. No concerns about the date.
Ordinances
31. Pass an ordinance amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to establishing a 4-way stop at the intersection of West 12th Street and Walnut Street, upon its first consideration. (Begins page 256) Walnut Street is being excavated at 12th Street to improve visibility and safety. With the significantly reduced incline, the design specifications call for a four-way stop here. It would match the similar intersection at 18th and Walnut, as well as the nearby 12th and College, and 18th and College intersections.
Allow Bills and Payroll
32. Allow Bills and Payroll of September 8, 2020. I've directed staff to always include Bills and Payroll documents in "just" the regular council packet, rather than sometimes in the Committee of the whole. It didn't make sense to me for this to be included in the Committee of the Whole packet some weeks, and then just in the council packet other weeks when we didn't have Committee of the Whole. So now you'll know to always find it just in the council packet, near the end.
City Council Referrals
City Council Updates
Staff Updates
Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.)
Adjournment
| Council Packet Link | |
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| Meeting Date | 09/08/20 |
