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Home >> Annotated Agendas >> Annotated Agenda for March 6, 2023

Annotated Agenda for March 6, 2023

Our Regular Council Meeting on Monday night features some big-ticket items for approval, but none controversial or out of the ordinary.  I'll note that Item #21 is the contract approval for traffic signals to be placed at the intersection of Hudson Road and West Ridgeway, just north of Highway 20.  This corridor is seeing an increase in high-speed traffic so I'm very glad this tricky intersection will have some better controls to it. 

We'll have just one standing committee meeting, at 5:50. The FBO committee will hear a presentation on the FY24 budget, and the city's current economic development incentives policy.  The budget discussion is crucial because the state legislature's actions this year have slightly reduced the property tax levels for residential properties.  While it's good news for residents, it means about $430K less in city revenues, and that shortfall will have to be addressed this month.   Also, the unexpected increase this Fiscal Year of Cedar Falls' portion of the County Consolidated Dispatch Center by $527K means a total gap of nearly $1M that we'll need to address.  Staff and I are working on that, so we can gain Council approval of the FY24 budget on April 3rd.   It will mean some hard choices, but with some thoughtful collaboration and compromise, I'm confident that we can get to a budget that the Council will approve, which keeps us at a significantly lower-than-average property tax rate for Iowa's 20 largest cities. 

I hope you can join us in the Council Chambers for one or both of these meetings, or watch live on Channel 15 or YouTube.  And 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 February 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. Hearing on the proposed condemnation of property located at 2208 Coventry Lane. This property has received numerous complaints from neighbors, and the condemnation committee recently determined that the home is uninhabitable. The property owner will have an opportunity for a public hearing as to why the home should not be condemned.  If the condemnation is approved by council, then the owner will either present a plan to remediate the structure, or risk having the structure demolished as a public nuisance. 

a) Written communications filed with the City Clerk.
b) Oral comments.
c) Resolution declaring the property located at 2208 Coventry Lane to be a nuisance due to being structurally unsafe, a fire hazard, or otherwise dangerous to human life and health, and ordering abatement of said nuisance by removal, repair or demolition of said property and requiring the owner of said property to abate said nuisance or submit a viable plan by March 20, 2023.

3. Public hearing on a proposal to enter into an Agreement for Private Development, and to consider conveyance of certain city-owned real estate to McDonald Construction & Remodeling, LLC. This proposal would provide the applicant with a 2.0 acre parcel in the Northern Cedar Falls Industrial Park for construction of their 8,400 square foot facility.  Since the the property valuation is less than $1M, the applicant would not include tax exemptions.

a) Receive and file proof of publication of notice of hearing. (Notice published 02/24/2023)

b) Written communications filed with the City Clerk.

c) Staff comments.

d) Public comments.

e) Resolution approving and authorizing execution of an Agreement for Private Development, and approving and authorizing execution of a Quit Claim Deed conveying certain city-owned real estate to McDonald Construction & Remodeling, LLC.

4. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2023 Sanitary Sewer Rehabilitation Project.This is a $235K sanitary sewer lining project in various locations around the city, and is comparable to the lining projects approved in years past.

a) Receive and file proof of publication of notice of hearing. (Notice published 02/24/2023)
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 2023 Sanitary Sewer Rehabilitation Project.

5. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2023 Street Construction Project. This 42.5M project would overhaul West 18th Street and Madison Street, including new storm sewer lines.

a) Receive and file proof of publication of notice of hearing. (Notice published 02/24/2023)
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 2023 Street Construction Project.

6. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the North Cedar Heights Area Reconstruction Project - Phase I. This $4M project would overhaul Timer Drive and West Ridgewood Drive, including new storm and sanitary sewer lines. 

a) Receive and file proof of publication of notice of hearing. (Notice published 02/24/2023)
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 North Cedar Heights Area Reconstruction Project - Phase I.

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.)

7. Receive and file the City Council Standing Committee minutes of February 20, 2023 relative to the following items: 

a) City Council Email System Discussion.
b) Committee to draft request for proposal (RFP) for assessment of the Public Safety Department.

8. Approve a proclamation recognizing March 2023 as Women's History month. I will seek to move this approval to the start of the meeting, so that I can then read the proclamation with the Council's consent. 

9. Receive and file the following resignation of members from Boards and Commissions: Melissa Heston will be stepping down on March 31st to focus on her tax preparation service.  I greatly appreciate her contributions to the HRC during a very challenging transition period.

a) Melissa Heston, Human Rights Commission.

10. Receive and file Departmental Monthly Reports of January 2023. This is a great synopsis of the staff's excellent work in January.  I will be working with staff to transition to a quarterly report to the Standing Committees, to replace this report this year.

11. Approve the application of Robert Schmitz, d/b/a Cedar Valley Bin Cleaning (Bennington Fields, LLC), for a Mobile Merchant license. This permit will allow the applicant to attach an informational flyer to residential waste bins as part of a marketing effort for a waste bin cleaning service.  

12. Approve an Order Accepting Acknowledgment/Settlement Agreement with Cedar Star, Inc., d/b/a Bani's, 2128 College Street, for a second tobacco violation. This ould assess a $1500 penalty to the proprietor for selling tobacco to underage persons.

13. Approve the application of Bani's, 2128 College Street, for a cigarette/tobacco/nicotine/vapor permit - change in ownership. The City Council is the approving authority for these kinds of permits.

14. Approve the following applications for retail alcohol licenses: The City Council is the approving authority for all alcohol permits and liquor licenses

a) Hatchlings & Hens, 109 Main Street, Special Class B retail native wine – renewal.
b) Deringer’s Public Parlor, 314 ½ Main Street, Class C retail alcohol – renewal.
c) The Stuffed Olive and Roxxy, 314-316 Main Street, Class C retail alcohol & outdoor service - renewal.
d) Hillstreet News & Tobacco, 2217 College Street, Class E retail alcohol - renewal.
e) Bani's, 2128 College Street, Class E retail alcohol – new – 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.)

15. Resolution Calendar with items considered separately.

16. Resolution approving and authorizing execution of an Apple Device Enrollment Program Facilitation Agreement with USCC Distribution Co. LLC, relative to mobile device management. This agreement is part of our cybersecurity strategy; I will ask for additional information from the City Attorney about the concern he had that was noted in the cover memo on page #143 of the packet.

17. Resolution approving and authorizing execution of a First Amendment to Agreement for Private Development and Memorandum of Agreement Regarding Minimum Improvements with McWing, L.L.C. This amendment relates to the warehousing facilities in the West Viking Road Industrial Park; as I understand the document, it does not change any of the terms of the agreement, but simply clarifies aspects of it in writing.

18. Resolution approving and authorizing execution of a Lease relative to a property vacated by flood buyout programs. This would allow 918 Cottage Row Road to be leased for $1 this year, so long as the tenant mows and cares for this flood buyout property.

19. Resolution approving and authorizing expenditure of funds to repair a pump at the 17th Street Lift Station. This would allow the city co commit to a $67K ovehaul of an electric motor at a city sanitary sewer lift station.  This is the first time I've seen this kind of request, but it makes sense if the cost of a new pump and motor would be significantly higher.

20. Resolution approving and accepting the contract and bond of Peterson Contractors, Inc. for the Oak Park Boulevard Sanitary Sewer Replacement Project. This would allow Peterson to move forward with this $735K project.

21. Resolution approving and accepting the contract and bond of K&W Electric, Inc. for the Hudson Road & West Ridgeway Avenue Intersection Improvements Project. This contract approval will allow K&W to move forward with this $729K project to signalize the intersection of Hudson and W. Ridgeway (adjacent to the new Panther Travel Center & Dairy Queen).  This is a much needed upgrade!

22. Resolution approving and accepting two Warranty Deeds, in conjunction with the Main Street Reconstruction Project. These two deeds allow the city to purchase the brick apartment on the northwest corner of 12th and Main, and a sliver of property just to the south, in order to clear the way for the construction of that intersection's roundabout.

23. Resolution approving and authorizing execution of twenty Owner Purchase Agreements; and approving and accepting twenty Temporary Construction Easements, four Storm Sewer and Drainage Easements, and one Permanent Water Main Easement, in conjunction with the North Cedar Heights Area Reconstruction Project. This  large packet of agreements is the legal part of obtaining access to properties for completing the new sewer lines and roadways in Cedar Heights.

24. Resolution setting March 20, 2023 as the date of public hearing on the maximum levy rate. This simply sets the date; no discussion will be held on the merits of the item.

25. Resolution setting March 20, 2023 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 simply sets the date; no discussion will be held on the merits of the item.

26. Resolution setting March 20, 2023 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to eliminating the shared parking requirement in the Downtown Charter District (CD-DT). This simply sets the date; no discussion will be held on the merits of the item.

27. Resolution setting March 20, 2023 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to increasing residential parking requirements in the Downtown Charter District (CD-DT) to one parking space per bedroom. This simply sets the date; no discussion will be held on the merits of the item.

Allow Bills and Claims

28. Allow Bills and Claims for March 6, 2023. The city 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

29. Refer to the Public Works Committee discussion regarding the river dam and the future of the dam on the Cedar River. Councilor Dunn has requested the council consider adding this topic to a future public works committee agenda.  This action is just to vote on whether or not the Council wants to have that discussion.

Adjournment

Council Packet Link
Meeting Date
03/06/23