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Home >> Annotated Agendas >> Annotated Agenda for May 16, 2022

Annotated Agenda for May 16, 2022

This week, we have several significant items to consider in the Standing Committees and Regular Council meetings.   First, the Community Relations Committee will meet at 5:10pm to learn about the Resilience Plan, as well as a Destination Iowa grant proposal to better connect the downtowns of Cedar Falls and Waterloo via the Cedar River.  Councilor Ganfield will head up that first meeting as the chair of that standing committee; I'll attend the standing committee meetings but will not chair them.  This will be our first time with this new approach to distributed governance. I'm looking forward to it!

At the regular council meeting at 7pm, the big topic will be the new fireworks ordinance, which will be near the start of the meeting as Item #3.   The majority of the rest of the meeting is fairly routine, but of note, the council is being asked to adopt a new Bike Plan (Item #13) and a new group of 30 townhomes just off of Greenhill Road (Items 14 and 15). 

I hope you can join us in person at the Community Center, or on Channel 15, or livestreaming on YouTube -- and as always, thank you for making the time to be an informed and engaged resident.  Our republic depends on it!


Call to Order by the Mayor

Roll Call

Approval of Minutes

1. Regular Meeting of May 2, 2022.

Agenda Revisions

Special Presentations

2. Proclamation recognizing May 15-21, 2022 as National Public Works Week.

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

Old Business

3. Pass Ordinance #3011, amending Chapter 16, Offenses and Miscellaneous Provisions, of the Code of Ordinances relative to the use and explosion of consumer fireworks within the city limits, upon its second consideration.  

OR

Suspend the rules requiring ordinances to be considered at three separate meetings (requires at least six aye votes), and pass the ordinance upon its third & final consideration. 

This is the required second reading of the proposed ordinance which would allow fireworks to be used legally on July 3rd from noon to 10pm, on July 4th from noon to 11pm, and July 5th from noon to 10pm.   The council and I have heard many opinions about this over the past several years; I've previously detailed my own belief that an outright ban on fireworks will not be effective until the State Legislature gives cities and counties the common-sense right to ban fireworks sales in their jurisdictions.    Due to the June 1st start date for fireworks sales across the state, I would like to see this ordinance finalized (voted up or down) by May 23rd so that we have time to get flyers and other educational materials printed up and distributed prior to June 1st.   That's why there's an option to approve the second & third reading together on this night; otherwise I will call for a special meeting this upcoming Monday night to make the final determination. 

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.)

4. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions:

a) Sarah Corkery, Parks & Recreation Commission, term ends 06/30/2025.
b) Leslie Nixon, Parks & Recreation Commission, term ends 06/30/2025.
c) Kelsey Schreibel, Parks & Recreation Commission, term ends 06/30/2025.
d) David Glenn-Burns, MET Transit Board, term ends 06/30/2025.
e) Richard McAlister, Utilities Board of Trustees, term ends 08/31/2028.

5. Receive and file the City Council Work Session minutes of April 26, 2022 relative to the following item:

a) Fireworks – Joint discussion with Waterloo elected officials.

6. Receive and file the City Council Committee of the Whole minutes of May 2, 2022 relative to the following items:

a) Storm Water Rate Increases.
b) Standing Committee Customary Procedures.

7. Approve the following applications for cigarette/tobacco/nicotine/vapor permits:

a) Buzz Smoke & Vapor, 2125 College Street Suite A. 1
b) Cloud 9 Glass & Novelty, 2125 College Street Suite C.
c) Fleet Farm, 400 West Ridgeway Avenue.
d) Fleet Farm Fuel, 108 West Ridgeway Avenue.
e) Hansen's Dairy, 123 East 18th Street.
f) Happy's Wine & Spirits, 5925 University Avenue.
g) Hy-Vee, 6301 University Avenue.
h) Hy-Vee Fast and Fresh, 6527 University Avenue.
i) Mini Mart, 1420 West 1st Street.
j) Murphy USA, 518 Brandilynn Boulevard.
k) Prime Mart, 2728 Center Street.
l) Walmart, 525 Brandilynn Boulevard.

8. Approve the following applications for beer permits and liquor licenses:

a) Hurling Hatchet, 100 East 2nd Street, Class B beer - renewal.
b) Berk's Main Street Pub, 207 Main Street, Class C liquor - renewal.
c) Casey's General Store, 5226 University Avenue, Class E liquor - renewal.
d) Hy-Vee Food Store, 6301 University Avenue, Class E liquor - renewal.
e) Target, 214 Viking Plaza Drive, Class E liquor - renewal.
f) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C liquor & outdoor service – temporary expansion of outdoor service area. (June 24-26, 2022)
g) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore's Pub), 5307 Caraway Lane, Class C liquor & outdoor service – temporary expansion of outdoor service area. (May 27,2022)
h) Cedar Basin Music Festival, Sturgis Park, Class B beer & outdoor service - 5 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.)

9. Resolution naming Official Depositories for the City of Cedar Falls.  From time to time, the City updates the list of approved banks and credit unions authorized to hold city funds, as well as the maximum sums.  This resolution simply reflects a bank name change.

10. Resolution approving and adopting the City’s FY23 Appropriations Resolution.  Page 40 to page 82 are the line items for the city's budget.  This has been reviewed as part of the previous budget adoption, so no surprises here. 

11. Resolution approving and authorizing execution of a Lease for vacant city-owned property located at 2517 Cedar Heights Drive. This empty lot is owned by the city, and as I understand it, was bought out years ago due to flash flooding issues.  If this has been resolved with improved infrastructure, I would like to see this sold and returned to the property tax rolls in FY24.

12. Resolution approving and authorizing execution of Amendment Number One 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 Program. This simply allows the grant program timeline to be extended. 

13. Resolution approving and adopting the Cedar Falls Bicycle Plan.  The Bicycle Plan was presented in the last council Committee of the Whole; it updates the 2009 Bike Plan, and provides recommendations for completing the Rec Trail loops from 1st to 12th along Union and Hudson as well as 12th to 27th along Union and Hudson.  It also recommends a future three-lane configuration for Waterloo Road which would then allow dedicated narrow bike lanes on both sides of Waterloo Road.  

14. Resolution approving The Cove at Spruce Hills Plat 1 Minor Plat.   This is a land configuration allowing the establishment of 30 townhomes in a 'pocket area' with a private road.  While I generally oppose cul-de-sacs, in this case it appears to be necessary; we wouldn't want to add another access point to Greenhill Road.   Overall, I'm glad that this proposal could put 30 new residences in our area to alleviate our current housing pressures.

15. Resolution approving a Planned Residence (RP) Zoning District site plan relative to a proposed multi-residential development in the vicinity of Greenhill Road and Spruce Hills Drive. This is tied to #14, and provides more detail on the proposed townhomes. Given the oddly shaped footprint, I am comfortable with this proposal. 

16. Resolution approving and authorizing execution of a Repair Contract with Tojo Construction Inc. relative to a Community Development Block Grant (CDBG) and CARES Act (CDBG-CV1) Owner-Occupied Repair Project at 700 West Ridgeway Avenue, Lot 435.   This approval would allow federal grant money to be spent on a mobile home with deck/access problems. 

17. Resolution receiving and filing, and approving and accepting the bid of Owen Contracting, Inc., in the amount of $508,133.06, for the 2022 Alley Reconstruction Project.   This routine action item allows the contractor to proceed with this annual reconstruction project, once we have their signed contract and insurance papers in hand.

18. Resolution approving and accepting the contract and bond of Peterson Contractors, Inc. for the West 27th Street Reconstruction Project. Peterson was awarded the contract during the last council meeting, and now has completed all the required paperwork to commence the work.  

19. Resolution approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with The Cove at Spruce Hills, LLC relative to a post-construction stormwater management plan for The Cove at Spruce Hills. This is related to Items 14 & 15, with this standard stormwater maintenance agreement being used to ensure that stormwater collected on this site can be 'downstreamed' efficiently without flooding downslope properties. 

20. Resolution approving and accepting the contract and bond of Aspro, Inc. for the College Hill Parking Lot Improvements Project.  This routine action item allows the contractor to proceed with the parking lot improvements this year.

21. Resolution approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with AECOM Technical Services, Inc. for acquisition services relative to the North Cedar Heights Area Reconstruction Project - Phases I and II. This agreement allows AECOM to administer part of the North Cedar Heights street reconstruction project for an amount not to exceed $129,500. 

22. Resolution approving and authorizing execution of twenty-seven Owner Purchase Agreements, and approving and accepting twenty-seven Temporary Construction Easements, in conjunction with the Center Street Corridor Streetscape Project.  This was a big coordination project to get the easements in place for the reconstruction of the roadway all along Center Street in North Cedar.  So glad to see this project moving forward, so that we can continue to bring North Cedar's roadways and other infrastructure in-line with the rest of Cedar Falls.   Onward!  The next step is the public hearing for the project on June 6th. 

23. Resolution receiving and filing, and setting June 6, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Center Street Corridor Streetscape Project.  No concerns about the hearing date. 

24. Resolution setting June 6, 2022 as the date of public hearing on the authorization of a Loan Agreement and issuance of not to exceed $3,200,000 General Obligation Capital Loan Notes for essential corporate purposes (ECP), and providing for publication of notice thereof. No concerns about the hearing date. 

25. Resolution setting June 6, 2022 as the date of public hearing on the authorization of a Loan Agreement and issuance of not to exceed $600,000 General Obligation Capital Loan Notes for general corporate purposes (GCP-1), and providing for publication of notice thereof. No concerns about the hearing date. 

26. Resolution setting June 6, 2022 as the date of public hearing on the authorization of a Loan Agreement and issuance of not to exceed $700,000 General Obligation Capital Loan Notes for general corporate purposes (GCP-2), and providing for publication of notice thereof. No concerns about the hearing date. 

Ordinances

27. Pass an ordinance amending Chapter 24, Utilities, of the Code of Ordinances, relative to storm water rates, upon its first consideration. We discussed this in our last Committee of the Whole, and the public is welcome to comment on this proposed ordinance.  It would increase the monthly base rate from $3.65/month to $5.12/month over five years to cover costs related to stormwater management in the city.  This is partly due to the significant inflation rate, so that the fund can stay solvent for future stormwater management projects.

Allow Bills and Claims

28. Allow Bills and Claims for May 16, 2022.

City Council Referrals

City Council Updates

Staff Updates

Executive Session

29. Executive Session for the annual discussion of the City Administrator’s performance pursuant to Iowa Code Section 21.5(1)(i) and City Code Section 2-217.
Adjournment.  Each year, the City Administrator, Councilors and I meet in Executive Session to discuss the administrator's perfomance.  I have provided a written evaluation for the past two years, but going forward my plan is to continue holding these sessions annually, and only doing a written evaluation on odd years (i.e. 2023).   

Council Packet Link
Meeting Date
05/16/22