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Home >> Annotated Agendas >> Annotated Agenda for April 3, 2023

Annotated Agenda for April 3, 2023

At Monday night's 7pm regular meeting, the city council will be voting to set the maximum city levy (i.e. the ceiling for what the council could possibly tax property owners).  That's Item #2.    It will also have the second of three required readings to an ordinance change which would bring site plans back to city council approval (which I oppose, for reasons I describe below in Item #4).   I'm glad to see that Hidden Pines is moving forward as Item #22.   This is a great 43-lot "infill" development project which doesn't extend the city's infrastructure requirements farther, but simply plugs the development into existing surrounding infrastructure (streets, sewer, electricty, and water). 

at 5:35, I'll introduce ISU Extension's Steve Eilers for a presentation on "Low Mow May" rather than "No Mow May" this year.  I love sustainability initiatives, and we learned some valuable lessons from No Mow May (of what to do, and what NOT to do!).  I've believe that a "Low Mow May" will keep Cedar Falls as a leader in the pollinator preservation arena.   Then our Finance & Business Operations (FBO) Director, Jennifer Rodenbeck, will provide information on our proposed budget for FY2024, which would then be presented for approval at our regular council meeting on April 17. 

I hope you can join us for the standing committees and regular meeting in person at City Hall, or on YouTube Livestream, or Channel 15.   Thanks as always for doing the hard work to be an informed and engaged resident!


Call to Order by the Mayor

Roll Call

Pledge of Allegiance

Approval of Minutes

1. Regular meeting of March 20, 2023.

Agenda Revisions

Special Presentations

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

Staff Updates

Special Order of Business

2. Public hearing on the proposed maximum levy for affected property tax levies for FY2024.  I'm asking the council to approval an "upper possible cap" on property taxes at a certain amount, to meet state requirements.  The council will then be able to remove items from the budget in order to reduce property tax burden on citizens (a reduction I support).  The main thing is, we don't want to be in a position where the council forces a lower maximum levy, and then can't agree to cut enough budget items to get to that "lower cap".    So my hope is that the council will approve this proposed max levy, and work downward from there.

a) Receive and file proof of publication of notice of hearing. (Notice published March 21, 2023)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving and adopting the maximum levy for affected property tax levies for FY2024.

3. Public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to conditional use for adaptive reuse of defunct institutional buildings. This would allow empty churches, schools, and similar buildings in neighborhoods to be sold and used for "Personal service uses limited to salons, shoe repair, tailoring services, therapy-based services, and photographic studios."   I have two of these empty buildings right in my neighborhood, and would be fine with these uses.   I would want the council to also ensure that massage parlors are not included under the idea of "therapy services". 

a) Receive and file proof of publication of notice of hearing. (Notice published 03/24/2023)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Pass an ordinance amending Chapter 26, Zoning, of the Code of Ordinances relative to conditional use for adaptive reuse of defunct institutional buildings, upon its first consideration.

Old Business 

4. Pass Ordinance #3025, amending Chapter 26, Zoning, of the Code of Ordinances relative to establishing procedures for Planning & Zoning Commission review and City Council approval of site plans in the Downtown Character District (CD-DT), upon its second consideration. (5 aye votes required due to denial by the Planning & Zoning Commission) This was discussed in the last council meeting;  I believe that this measure should be voted down, because the re-introduction of arbitrary council decision-making for individual site plans will have a negative effect on development in our community.   Development means cost and risk.  The greater the likelihood that a plan WON'T be approved (even if it complies with the council-approved checklists), the less likely the plan will be brought forward in the first place.   Developers will be disincentivized to build in Cedar Falls, as is already happening.  

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 City Council Standing Committee minutes of March 20, 2023 relative to the following items:

a) Review snow removal practices and policies.

b) Code Enforcement – private snow removal code revisions discussion.

6. Approve the following proclamations: I've included the Low Mow May proclamation to make clear to residents that the city will be doing something a little different from last year's "Low Mow May".  

a) Recognizing April 2023 as Fair Housing Month.

b) Recognizing April 26, 2023 as Administrative Professionals Day.

c) Recognizing May 2023 as Low Mow May.

7. Receive and file Departmental Monthly Reports of February 2023. 

8. Approve the following applications for cigarette/tobacco/nicotine/vapor permits:The City Council is the approving authority for all tobacco permits.

a) Hy-Vee Fast & Fresh, 6527 University Avenue.

b) Hy-Vee Food Store, 6301 University Avenue.

9. Approve the following Order Accepting Acknowledgment/Settlement Agreements with the following establishments for first tobacco violations: Thiese businesses sold tobacco to minors in violation of state law, and so are being assessed a fine. 

a) National Cigar Store, d/b/a Hill Street News & Tobacco, 2217 College Street.

b) Gracious Food, LLC, d/b/a King Star, 2228 Lincoln Street.

c) Kram Company, Inc., d/b/a The Landmark, 107 Main Street.

10. Approve the following applications for retail alcohol licenses: The Council is the approving authority for all alcohol permits. 

a) Luxe Nail Bar, 5907 University Avenue, Class C retail alcohol - renewal.

b) Mary Lou's Bar & Grill, 2719 Center Street, Class C retail alcohol & outdoor service - renewal.

c) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C retail alcohol & outdoor service – temporary expansion of outdoor service area. (May 26, June 16-17, June 23-24, and July 21-22, 2023)

d) Happy’s Wine & Spirits, 5925 University Avenue, Special Class C retail alcohol & outdoor service – 14 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.)

11. Resolution Calendar with items considered separately. 

12. Resolution approving the recommendation of the Director of Public Safety Services and City Administrator relative to the appointment of an Acting Fire Chief. Captain Zolondek as been serving as the senior fire official since late last year, and has been the Acting Fire Chief since last month. City code requires the City Council to vote on approval of an Acting Fire Chief if the process extends past 30 days, which it will have.   This appointment would be effective for 180 days, by city code.

13. Resolution approving and authorizing execution of five Participation Agreements involving Allergan, CVS, Teva, Walgreens and Walmart relative to a national opioid settlement. This would allow the city to take in settlement funds from a very large pharmaceutical court case.  I do not believe the exact figure to the city is yet available.

14. Resolution approving and authorizing execution of Contract Amendment #1 to the Linen Services Agreement with Aramark Uniform Services. This would simply add logo floor mat cleaning pricing to the contract. 

15. Resolution approving and authorizing execution of a Service Order with USCC Services, LLC (UScellular) relative to providing cellular service for the City. This contract would provide phone replacements for obsolete phones, and also add additional users to the agreement.   Previously users had the option of simply using their own phones to check work e-mail, but the need for stronger cybersecurity practices means that city-managed phones are required.   The monthly phone plan cost of $28 is less than the $45 stipend the city had previously provided employees who used their own phone.  So this switch will be both a cost savings and a security improvement. 

16. Resolution approving and accepting a Warranty Deed, in conjunction with the expansion of the West Viking Road Industrial Park. This warranty deed accepts a property sale which will be incorporated into the industrial park. 

17. Resolution approving and accepting two Warranty Deeds, in conjunction with the Main Street Reconstruction Project. This allows a small piece of two properties at the Seerley Boulevard intersection to be purchased as part of the roundabout/culvert construction there.

18. Resolution approving and accepting five Warranty Deeds, in conjunction with the Cedar Heights Drive Reconstruction Project. These acquisitions already closed, but an additional resolution is required to approve the warranty deeds.

19. Resolution approving and accepting the contract and bond of Municipal Pipe Tool Company LLC for the 2023 Sanitary Sewer Rehabilitation Project. This approval allows the contractor to proceed with the work.

20. Resolution approving and accepting the contract and bond of Peterson Contractors, Inc. for the 2023 Street Construction Project. This approval allows the contractor to proceed with the work.

21. Resolution approving and authorizing execution of a Professional Service Agreement with Snyder & Associates for design services relative to the West Viking Road Industrial Park Expansion Phase II. This would provide Snyder with up to $18K for professional services related to this expansion project.

22. Resolution approving the preliminary plat of Hidden Pines. This development, just sound of Greenhill Road east of Cedar Heights Drive, will help to fill in the city in a way that complements the surrounding neighborhoods. Proper drainage is an important component of this project, and it appears that the engineers and experts have this issue ironed out.  This development has been a long time in the making to get to this point, and I am glad for the connections to existing infrastructure, as well as for the green space/playground space that's been set aside for residents of this neighborhood.  This will allow for 43 new homes to be constructed in Cedar Falls. 

23. Resolution approving and accepting a Public Sanitary Sewer Easement, in conjunction with the preliminary plat of Hidden Pines.  This agreement is necessary for the establishment of sewer services in this area.

24. Resolution setting April 17, 2023 as the date of public hearing on the proposed FY2024 Budget for the City of Cedar Falls.

25. Resolution setting April 17, 2023 as the date of public hearing to consider entering into a proposed Purchase, Sale and Development Agreement, and to consider conveyance of certain city-owned real estate to CF Storage, LLC.

26. Resolution receiving and filing, and setting April 17, 2023 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Ashworth Drive Roadway Expansion Project.

27. Resolution setting April 17, 2023 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to signage for Civic/Institutional Uses in the Downtown Character District (CD-DT).

28. Resolution setting April 17, 2023 as the date of public hearing on the proposed rezoning from A-1, Agricultural District to R-1, Residence District approximately 3 acres of property located west of the Hudson Road & Ashworth Drive intersection, f/n/a 4919 Hudson Road.

29. Resolution setting April 17, 2023 as the date of public hearing on the proposed rezoning from A-1, Agricultural District to R-2, Residence District approximately 14 acres of property located north of Black Hawk Park Addition and west of Cypress Avenue.

Allow Bills and Claims

30. Allow Bills and Claims for April 3, 2023. The council is the approving authority for all bills and claims made against the city since the previous council meeting.

Council Updates and Announcements

Council Referrals

Adjournment

 

Council Packet Link
Meeting Date
04/03/23