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Home >> Annotated Agendas >> Annotated Agenda for May 1, 2023

Annotated Agenda for May 1, 2023

During our Monday night meeting at 7pm, the City Council will have the opportunity to consider a property condemnation request (Item 2), a resubmitted estimate for the Northern Cedar Heights street reconstruction project (Item #3), and a Pride Month proclamation for June 2023 (Item #9) among other items that are routine or administrative in nature.

At 6:05, the Community Development Committee will receive a report on the Housing Needs Asssessment (HNA) that has been conducted to determine where our housing shortages are, and what kinds of construction are needed for the community -- and how to best plan for and fund those new opportunities. 

I hope you can join us in person at the City Hall Council Chambers, on Channel 15, or livestreaming on YouTube.  Thanks as always for doing the 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 April 17, 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 1312 Clay Street.   This house has significant water damage from a winter pipe burst, and has been declared by a Condemnation Committee to be unsanitary.  The property owner will be invited to explain why the property should not be condemned.  Of note, the condemnation declaration doesn't mean the house will definitely be torn down -- only that it will require remediation.  Demolition is normally the last resort if the home is unsalvagable.

a) Written communications filed with the City Clerk.

b) Oral comments.

c) Resolution declaring the property located at 1312 Clay Street to be a nuisance due to being structurally unsafe, a fire hazard, or otherwise dangerous to human life and health.

d) Resolution ordering abatement of said nuisance by removal, repair or demolition of the property located at 1312 Clay Street and requiring the owner of said property to abate said nuisance or submit a viable plan by May 15, 2023.

3. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the North Cedar Heights Area Reconstruction Project - Phase 1A.    This item is being brought before the Council again because changes were needed to get it within a price point the city budget would allow.

a) Receive and file proof of publication of notice of hearing. (Notice published 04/21/2023)

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 1A

Old Business

4. Pass Ordinance #3026, amending Chapter 26, Zoning, of the Code of Ordinances relative to conditional use for adaptive reuse of defunct institutional buildings, upon its third & final consideration.    The council has previously discussed this item.

5. Pass Ordinance #3027, amending Chapter 26, Zoning, of the Code of Ordinances relative to signage for Civic/Institutional Uses in the Downtown Character District (CD-DT), upon its second consideration.   The council has previously discussed this item.

6. Pass Ordinance #3028, amending the Zoning Map by removing approximately 3 acres of property located west of the Hudson Road & Ashworth Drive intersection, f/n/a 4919 Hudson Road from A-1, Agricultural District and placing the same in the R-1, Residence District, upon its second consideration.   The council has previously discussed this item.

7. Pass Ordinance #3029, amending the Zoning Map by removing approximately 14.43 acres of property located north of Black Hawk Park Addition and west of Cypress Avenue from A-1, Agricultural District and placing the same in the R-2, Residence District, upon its second consideration.    The council has previously discussed this item.

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.)

8. Receive and file the City Council Standing Committee minutes of April 17, 2023 relative to the following items:   

a) Review of Council Salary.

b) Downtown Public Restroom Study.

c) Iowa Workforce Housing Tax Credit.

9. Approve a proclamation recognizing June 2023 as Pride Month.    The council has the opportunity to consider and vote on its first LGBTQIA+ Pride Month, which has been requested by the Cedar Falls Human Rights Commission. 

10. Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions:    Thanks to Mr. Engel for your continued service to our community!

a) Jeff Engel, Cedar Falls Utilities Board of Trustees, term ending 08/31/2029.

11. Approve the application of Beth Schildroth, d/b/a Big Acai, for a Mobile Merchant license.    This license allows the vendor to sell products from a cart downtown during the summer months. 

12. Receive and file Departmental Monthly Reports of March 2023.    A perusal of this report from the administrator will give the rundown of all the city's great activity in March.

13. Approve the following applications for cigarette/tobacco/nicotine/vapor permits:    The council is the approving authority for all tobacco sales permits. 

a) Buzz Smoke & Vapor, 2125 College Street Suite A.

b) Cloud 9 Glass & Novelty, 2125 College Street Suite C.

c) Five Corners Liquor and Wine, 809 East 18th Street.

d) Hansen's Dairy, 123 East 18th Street.

e) Hill Street News & Tobacco, 2217 College Street.

f) King Star, 2228 Lincoln Street.

g) Prime Mart 4, 2323 Main Street. 

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

a) CVS/Pharmacy, 2302 West 1st Street, Class E retail alcohol – renewal.

b) Cedar Basin Music Festival, Sturgis Park, Special Class C retail alcohol & outdoor service - 5-day permit.

c) Live to 9, 200 Block of State Street and 100 Block of East 2nd Street including adjacent sidewalks, Special Class C retail alcohol & outdoor service – seven 5-day permits (June 2-6, June 9-13, July 6-10, July 13-17, July 27-31, August 10-14, and August 17-21).

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 accepting the permanent transfer of $2,543,741.00 from the Municipal Electric Utility to the General Fund of the City of Cedar Falls, and $604,416.00 from the Municipal Gas Utility to the General Fund of the City of Cedar Falls.    This is an annual transfer, which has been agreed upon for many years now.  This is a replacement for property taxes, which CFU does not have to pay, as a municipally-owned utility. 

*** These next items are all related to snow removal; the city assesses property owners for the contractor's cost to remove snow from a sidewalk if the owner fails to do so after repeated notices. ***

17. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 210 West 22nd Street.   

18. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 804-806 Seerley Boulevard.    

19. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 818 Seerley Boulevard.

20. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 1022 West 22nd Street.

21. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 1122 West 22nd Street.

22. Resolution levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 2413 Olive Street.

*** End snow items**

23. Resolution approving and authorizing execution of an Agreement with Myers Cox relative to providing concession products and supplies for the Falls Aquatic Center. This sets prices for items for the 2024 Summer season; I will ask if the contract means we MUST provide all the items, or if we can pick and choose what we want to include. 

24. Resolution designating the dates and locations for the annual Sturgis Falls Celebration and Cedar Basin Music Festival. This is a formality to make a final determination on where these events will be held, so that animals can be prohibited in those areas in accordance with city ordinances.

25. Resolution approving and authorizing execution of a Contract for towing, wrecker and storage services with Rasmusson Towing. This contract is similar to prevous years; no concerns.

26. Resolution approving and authorizing execution of a First Amendment to the Service/Product Agreement with Iowa Northland Regional Council of Governments (INRCOG) for administration of a United States Department of Commerce, Economic Development Administration (EDA) grant relative to the Cedar River Recreational Improvements Project. This simply extends the contract date, since construction of the river recreation project will complete later than expected.

27. Resolution approving and authorizing execution of a Cash Escrow Agreement with The Rotary Club of Cedar Falls relative to construction of the Rotary Plaza to be located at 205-221 West 1st Street. This simply puts $10K of Rotary Club funds in reserve if the club can't complete the new Rotary Plaza and the city has to restore the park to original condition. 

28. Resolution approving and authorizing execution of Supplemental Agreement No. 5 to the Professional Service Agreement with Riverwise Engineering, LLC for construction phase services relative to the Cedar River Recreational Improvements Project. This would provide up to $198K for a "construction observation contract" to Riverwise to oversee the development of the river improvements.

29. Resolution approving the Certificate of Completion and accepting the work of Iowa Flat Works, Inc. for the 2022 Sidewalk Assessment Project - Zone 5. This item would accept the work of the contractor, stating that the sidewalk repairs are complete so that they can be paid.

30. Resolution approving the Final Statement of Expenditures for the 2022 Sidewalk Assessment Project - Zone 5. This item would assess property owners a total of $39.7K for last year's sidewalk repairs.

31. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with McWing, LLC relative to a post-construction stormwater management plan for 3015-3045 Capital Way. This is a standard agreement / schematic to ensure that any stormwater on-site can be eliminated downstream properly. 

32. Receiving and filing the bids, and approving and accepting the bid of Dave Schmitt Construction Co. Inc., in the amount of $1,249,087.31, being the lowest bid received for the Ashworth Drive Extension Project. This approval, at $1.25M, will connect Ashworth Drive to Hudson, helping to alleviate traffic volumes on Erik Road. 

33. Resolution approving and authorizing execution of an Owner Purchase Agreement, and approving and accepting a Sanitary Sewer Easement and Temporary Construction Easement, in conjunction with the North Cedar Heights Area Reconstruction Project. A property owner would receive $16K for the sewer easement...it would mean that the property owner could not build anything on that part of their property, so that the city can run a sewer line underneath it.

34. Resolution approving and authorizing execution of a Professional Service Agreement with AECOM Technical Services, Inc. for design services relative to the Greenwood Cemetery Slope Stabilization Project. This would pay AECOM up to $141K for their project work.

35. Resolution approving and authorizing execution of four Owner Purchase Agreements, and approving and accepting four Temporary Construction Easements, in conjunction with the 2023 Alley Reconstruction Project. This is about $300 in Street Construction Funds for temporary use of private property for construction needs.  

36. Resolution receiving and filing, and setting May 15, 2023 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2023 Alley Reconstruction Project. This simply sets the hearing date.

37. Resolution receiving and filing, and setting May 15, 2023 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2023 Seal Coat Project. This simply sets the hearing date.

38. Resolution setting May 15, 2023 as the date of public hearing on proposed amendments to the City’s FY2023 Budget. This simply sets the hearing date.

39. Resolution setting May 15, 2023 as the date of public hearing on a proposal to vacate a portion of Hudson Road right-of-way. This simply sets the hearing date.

Allow Bills and Claims

40. Allow Bills and Claims for May 1, 2023.

Council Updates and Announcements

Council Referrals

41. Refer to the Finance & Business Operations Committee retiring or expiring tax increment financing (TIF) districts and process of releasing funds.

Adjournment

Council Packet Link
Meeting Date
05/01/23