Monday night's council meeting at 7pm has all kinds of interesting things on it. Check out my veto letter (rare!) in Item #3, and Item #24 and #25, which are big-ticket items for the Main Street Reconstruction Project and River Recreation Project. Both of those projects have been in the works for years, and years, and it's time to finally get them approved and constructed.
In the FBO Standing Committee Meeting, the draft Capital Improvements Program (CIP) will be discussed at length, in order to prepare for its consideration by the City Council for final approval on January 3rd. Also, I'll have a short brief on some proposed tweaks to our Council Goals document before it gets sent up for approval on January 3rd. I just want to make sure council knows about it and is ok with my edits before I include them. The FBO meeting kicks off at 5:15.
I hope you can join us in person, on Channel 15 or online on YouTube, for our last regular meeting of 2022. Thanks this whole year for doing the hard work to be an informed and engaged resident. Merry Christmas and happy holidays to all!
Call to Order by the Mayor
Roll Call
Pledge of Allegiance
Approval of Minutes
1. Regular meeting of December 5, 2022.
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 conveyance of city-owned real estate to Cedar Falls Utilities by means of a non-exclusive permanent easement for the relocation of utilities. This easement in the West Viking Industrial Park would allow CFU to bury its electrical lines, as part of a roadway improvement project. No concerns.
a) Receive and file proof of publication of notice of hearing. (Notice published December 9, 2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution approving and authorizing conveyance of a non-exclusive permanent easement to Cedar Falls Utilities for the relocation of utilities.
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.)
3. Receive and file Mayoral veto of Ordinance #3021, amending Section 18-23(5), Powers and duties of the Planning and Zoning Commission, of the Code of Ordinances relative to removing 2/3 majority vote required by City Council to approve amendments to the City's comprehensive plan that are disapproved by the Planning and Zoning Commission, and Ordinance #3022, amending Chapter 26, Zoning, of the Code of Ordinances relative to removing the 2/3 majority vote required by City Council to approve zoning amendments that are disapproved by the Planning and Zoning Commission. This is only the second time in three years as mayor that I've issued a veto. I believe this ordinance change would be unwise, and as it only passed 4-3, I believe this veto will not be overridden (which require 5 votes to do so). My reasons are detailed in the memo.
4. Receive and file the resignation of Eashaan Vajpeyi as a member of the Human Rights Commission. Thanks to Mr. Vajpeyi for his willingness to come back onto the HRC and lead it through a challenging and dynamic time.
5. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: My great thanks go to each of these citizens for their willingness to serve their community through volunteer board and commission service!
a) Craig Fairbanks, Housing Commission, term ending 12/31/2024.
b) Helen Pearce, Housing Commission, term ending 12/31/2024.
c) Kevin Fittro, Board of Appeals, term ending 12/31/2025.
d) Jason Huff, Board of Appeals, term ending 12/31/2025.
e) Katy Susong, Board of Appeals, term ending 12/31/2026.
f) Debra Waterman, Board of Appeals, term ending 12/31/2026.
g) Ross Samek, Board of Appeals, term ending 12/31/2026.
h) Rick Mott, Board of Electrical Appeals, term ending 12/31/2023.
i) Rick Dumler, Board of Electrical Appeals, term ending 12/31/26.
j) William Pierce, Board of Mechanical Appeals, term ending 12/31/2024.
k) Steve Broell, Board of Mechanical Appeals, term ending 12/31/2026.
l) Colin Frese, Board of Mechanical Appeals, term ending 12/31/2026.
m) Andrew Tink, Board of Plumbing Appeals, term ending 12/31/2023.
n) Travis Davison, Board of Plumbing Appeals, term ending 12/31/2026.
6. Receive and file the City Council Standing Committee minutes of December 5, 2022 relative to the following items:
a) Grow Cedar Valley Update.
b) Council Policy on Official City Proclamations.
c) Council Policy on Public Awards and Recognition.
d) Council Policy on Boards and Commissions Interviews.
7. Approve the following applications for retail alcohol licenses:
a) Rancho Chico, 618 Brandilynn Boulevard, Class C retail alcohol - renewal.
b) Wild Hare American Bar and Grill, 2512 Whitetail Drive, Class C retail alcohol & outdoor service - renewal.
c) Golf Lab, 201 Washington Street, Special Class C retail alcohol - 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.)
8. Resolution Calendar with items considered separately.
9. Resolution approving and adopting CFD 1127: Council Policy - Official City Proclamations. I briefed the council on this new policy in the last Committee of the Whole; I'll be forwarding all proclamation requests to the council for approval from here on out, since the City Code does not grant the mayor the authority to issue proclamations.
10. Resolution approving and adopting CFD 1128: Council Policy - Public Awards and Recognition. I also briefed the Committee of the Whole on this policy, which for the first time (that I know of) lists the city's official awards, details the approval process, and creates an official Key to the City award.
11. Resolution approving and adopting Personnel Policy 223: Sexual Abuse Prevention, for the City of Cedar Falls. This new policy spells out the city's Sexual Abuse Protection policy.
12. Resolution approving and adopting Personnel Policy 608: Concussion and Head Injury, for the City of Cedar Falls. This new policy spells out a new policy regarding how the City will respond to perceived concussions.
13. Resolution approving and adopting amendments to Personnel Policy 903: Grievance Procedure, for the City of Cedar Falls. This first was discussed in the last council meeting; changes have been made to it to have the final appeals body in the city be the Finance and Business Operations Committee. I agreed with the City Attorney's assessment that it is problematic for elected officials to weigh in on individual personnel matters. The council has directed that the FBO Committee be added to the policy language, and so we'll see if there's any additional discussion on it Monday night before the vote.
14. Resolution levying a final assessment for costs incurred by the City to mow the property located at 2722 College Street. The city contracts to mow delinquent properties, and assesses the cost to the homeowner's property tax bill.
15. Resolution levying a final assessment for costs incurred by the City to mow the property located at 2804 College Street. Same as #14.
16. Resolution levying a final assessment for costs incurred by the City to mow the property located at 2208 Coventry Lane. Same as #14.
17. Resolution approving and authorizing execution of an amended Master Service Agreement and Statement of Work with Municode, LLC, subsidiary of CivicPlus, LLC, relative to City code supplementation. This just changes the payment model for our City Code online, from a bill for each change to a simple annual subscription. As I understand it, the cost is about the same, so no concerns.
18. Resolution approving and authorizing execution of an Agreement with Elise Bovy with Northeast Iowa Area Agency on Aging relative to providing Tai Chi classes at the Recreation Center. Tai Chi classes are apparently quite popular! There would be no cost to rec center members; no members would pay a $60 registration fee.
19. Resolution approving and authorizing execution of an Assignment and Assumption Agreement between Orion Cedar Falls IA, LLC and Reel Deal Holdings, LLC, pursuant to the terms of the Agreement for Private Development with Ryan Companies US, Inc. relative to the transfer of ownership of property located at 1100 Technology Parkway. This approval would allow the new building owner to take on the original 2011 private development agreement. No concerns.
20. Resolution approving and authorizing execution of a Contract with Family Management Financial Solutions relative to Community Development Block Grant (CDBG) funding for service agencies. This provides $1970 in federal passthrough funds to this organization for housing counseling services.
21. Resolution approving and authorizing execution of a Contract with The Salvation Army relative to Community Development Block Grant (CDBG) funding for service agencies. This provides $5800 in federal passthrough funds to this organization for maintenance of our area homeless shelter.
22. Resolution approving and authorizing execution of Amendment Number Three to the Subaward Agreement with the Iowa Department of Homeland Security and Emergency Management Division (HSEMD) for an extension of the Voluntary Property Acquisition Program funded through the Hazard Mitigation Grant Program relative to the Northern Cedar Falls Flood Buyout. This agreement with IHSEMD would extend the buyout window to 9/30/2023. No concerns.
23. Resolution approving the Certificate of Completion and accepting the work of Blacktop Service Company for the 2022 Seal Coat Project, and approving and authorizing the transfer of funds from the Street Construction Fund to the Street Repair Fund. This agreement that the project is complete will allow the $7095.82 to be paid to the contractor.
24. Resolution receiving and filing, and approving and accepting the bid of Peterson Contractors Inc., in the amount of $29,997,049.50, being the only bid received for the Main Street Reconstruction Project. This project has been bid at $8.6M higher than estimated, but in consultation with IDOT, this is in line with what IDOT is seeing across Iowa for bids (about 20% higher on average). Staff has worked through the CIP and various project timings to ensure that this project can be completed on its original three-year timeframe. For a variety of reasons, I support moving this project forward for council approval.
25. Resolution receiving and filing the bids, and approving and accepting the bid of Peterson Contractors, Inc., in the amount of $6,279,130.00, being the lowest bid received for the Cedar River Recreational River Area and Riverbank Improvements Project. Like #24, this project also came back significantly over the original estimate (about 35% over). Given the wide variety of funding sources that have taken a herculean effort to corral, and the long-term benefit for the city as a river catalyst project, I support moving ahead with this project.
26. Resolution approving and accepting the contract and bond of Peterson Contractors, Inc. for the Cedar River Recreational River Area and Riverbank Improvements Project. (contingent upon approval of previous item) This allows Peterson to begin the work in January, if the bid amount is approved in item #25.
27. Resolution setting January 3, 2023 as date of public hearing on the proposed FY2023-FY2028 Capital Improvements Program (CIP). No concerns regarding the hearing date.
Allow Bills and Claims
28. Allow Bills and Claims for December 19, 2022. The council is the approving authority for all bills and claims made against the city since the time of the last council meeting.
Council Updates and Announcements
Council Referrals
Executive Session
29. Executive Session to discuss Legal Matters per Iowa Code Section 21.5(1)(c) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.
Adjournment
| Council Packet Link | |
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| Meeting Date | 12/19/22 |
