Monday night's council meeting has several weighty topics with lasting implications. Council will vote on the Main Street design (Item #4), the River Recreation Project (Item #5), Consumer fireworks (Item #9), proposed changes to the voting threshold requirements for zoning-related topics (#Items 10 and 11), the appointment of Capt. Mark Howard as police chief (Item #21), and purchase of land for the industrial park (Item #37). In addition to that, there are lots of other items of a more routine, administrative nature that will likely be voted on without separate discussion. I'm looking forward at the start of the Council Meeting to recognizing Mardy Holst for his 23 years of service to the Planning and Zoning Commission with the city's Distinguished Service Award. I'll also be issuing proclamations for Veterans Day and Native American Heritage Month.
Prior to that meeting, the Standing Committees will meet beginning at 5:20 to discuss the library interviews, the audit report, a review of standard economic incentives, the Cedar Falls Economic Development Corporation, and fundraising for the Cedar Falls High School pool.
This will be our first meeting in the newly-refurbished Council Chambers; I hope you can join us in-person, on Channel 15, or livestreaming on YouTube. As always, thanks for doing the work to be an informed and engaged citizen!
Call to Order by the Mayor
Roll Call
Pledge of Allegiance
Approval of Minutes
1. Regular meeting of October 17, 2022.
Agenda Revisions
Special Presentations
2. Proclamation recognizing November 11, 2022 as Veterans Day.
3. Proclamation recognizing November 2022 as Native American Heritage Month and November 25, 2022 as Native American Heritage Day.
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
4. Public Hearing on the proposed plans, specifications and forms of contract & estimate of cost for the Main Street Reconstruction Project. This estimated $21.8M project has been in the works for more than a year now, and the council is now being asked to approve the final design of the street. The direct cost for Cedar Falls will be $18.4M, through a variety of sources (including contributions from Cedar Falls Utilities and the American Rescue Plan Act funds). I have been closely engaged in the development process for this plan, and support its approval as-is.
a) Receive and file proof of publication of notice of hearing. (Notice published 10/28/2022)
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 Main Street Reconstruction Project.
5. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Cedar River Recreational Improvements Project. Approval of this estimated $5.9M project would significantly change how residents and visitors experience the riverfront, and compliments a larger vision to better connect Cedar Falls and Waterloo through river recreation. The project was let (i.e. a contractor bid was approved) but the contractor requested to be released from the contract due to an accounting error in their bid. The project has come back for council approval with some lower-cost designs for the walkways and plaza in Gateway Park. The in-water improvements are still identical.
a) Receive and file proof of publication of notice of hearing. (Notice published 10/28/2022)
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 Cedar River Recreational Improvements Project.
6. Public hearing on a proposal to vacate portions of an existing sanitary sewer easement located at 3718 Apollo Lane. This is a minor administrative matter required by law; the P&Z Commission is recommending approval, and details are included in the packet. I have no concerns.
a) Receive and file proof of publication of notice of hearing. (Notice published 10/28/2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments.
e) Resolution vacating portions of an existing sanitary sewer easement located at 3718 Apollo Lane.
7. Public hearing on the City’s FFY21 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Programs. This draft report is required by the Federal Government to justify the city's receipt of federal dollars for assistance to low-to-moderate income (LMI) residents. The report describes in detail how this past year's funds were spent.
a) Receive and file proof of publication of notice of hearing. (Notice published 10/28/2022)
b) Written communications filed with the City Clerk.
c) Staff comments.
d) Public comments. (Continue hearing to November 21, 2022)
Old Business
8. Pass Ordinance #3018, amending Chapter 24, Utilities, of the Code of Ordinances relative to establishing the 27th Street Sanitary Sewer Extension District, upon its third & final consideration. This has been discussed in previous council meetings; I have no concerns about the establishment of this new district.
9. Pass Ordinance #3019, amending Chapter 16, Offenses and Miscellaneous Provisions, of the Code of Ordinances relative to use of consumer fireworks within the City limits, upon its second consideration This will be the second of three required readings, to make some tweaks desired by the Council, staff and me for next summer's fireworks window.
10. Pass an ordinance 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, upon its first consideration. I wrote about this in my last annotated agenda. This would be the first of three required readings.
11. Pass an ordinance 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, upon its first consideration. Similar to #10 above.
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.)
12. Receive and file the City Council Standing Committee minutes of October 17, 2022 relative to the following items:
a) Human Rights Commission Annual Report.
b) Council Meeting Procedures - Order of Agenda (Rule 3.1) and Miscellaneous Administrative Corrections.
c) UNI Dome Fundraising.
13. Receive and file the resignation of Katelyn Browne as a member of the Library Board of Trustees. Thanks to Katelyn for more than five years of volunteer service on this important board, and best wishes on her new position out-of-state.
14. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: The Mayor appoints all boards and commission members, with Council consent. As per custom, the Finance and Business Operations committee will interview these two appointees on Monday night prior to the regular council meeting.
a) Michael Graziano, Library Board of Trustees, term ending 06/30/2028.
b) Lindi Roelofse, Library Board of Trustees, term ending 06/30/2028.
15. Receive and file Departmental Monthly Reports of September 2022. This notes the activities of the city departments for September, and is worth reading for a good understanding of what city employees are working on month-by-month.
16. Receive and file the FY2022 Street Financial Report (SFR) for the City. This 12 page report is required by the Iowa Department of Transportation, and details how street funds were expended in the last fiscal year.
17. Receive and file the FY2022 Annual Comprehensive Financial Report. In this annual report of 220+ page, the information on Page 346 and 347 are the most important from an auditing perspective; the independent auditor once again found no concerning expenditures or actions in the city's financial matters. This is a testament to the terrrific work of the city's financial staff under the leadership of Director Jennifer Rodenbeck. Well done!
18. Receive and file the Bi-Annual Report of Community Main Street relative to FY23 Self-Supported Municipal Improvement District (SSMID) funds and an FY23 Economic Development Grant. Community Main Steet submits this report twice a year to keep the council and public informed of CMS's many activities to promote economic development and quality of life downtown. The 947 volunteer hours over six months shows how passionate community members are for a vibrant downtown.
19. Approve the following applications for beer permits and liquor licenses: The City Council is the approving authority for all alcohol permits and liquor licenses.
a) Alist Nails, 6015 University Avenue, Special Class C liquor – renewal.
b) Peppers Grill & Sports Pub, 620 East 18th Street, Class C liquor - renewal.
c) The Brown Bottle, 1111 Center Street, Class C liquor & outdoor service - renewal.
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.)
20. Resolution approving and adopting revised City Council Meeting Procedures. This change simply swaps the order of the "Council Updates and Announcements" and "Council Referrals" on the recommendation of the FBO Standing Committee, and removes a rule that was accidentally duplicated.
21. Resolution approving the recommendation and appointment of Police Chief. This recommendation from the Director of Public Safety and City Administrator requires City Council approval. According to the City Ordinance (Sec 2-948), it is not clear whether a recommendation is warranted from the Mayor (I will seek to address this in the future). As it is, I do believe Capt. Howard's appointment is in the best interests of Cedar Falls, and so I provided an endorsement of the recommendations, for the record.
22. Resolution authorizing certification of eligible expenses for reimbursement from the College Hill, Downtown, Pinnacle Prairie, South Cedar Falls, and Unified Tax Increment Financing Revenues. This report required by Iowa Code 403.19 and is required annually to explain how the city's TIF dollars were expended.
**Items 23 through 30 are inter-fund loans within the city, in order to carry out projects. These administrative actions are routine and occur annually. ***
23. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the parking lot overlay project costs in the College Hill Urban Renewal Area.
24. Resolution approving and authorizing an inter-fund loan from the Stormwater Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Olive Street Box Culvert project costs in the College Hill Urban Renewal Area.
25. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Prairie Parkway & Viking Road intersection improvements and Pinnacle Prairie round-a-bout intersection improvements in the Pinnacle Prairie Urban Renewal Area.
26. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Cyber Lane and Hudson Road & Ridgeway Avenue intersection improvements in the South Cedar Falls Urban Renewal Area.
27. Resolution approving and authorizing an inter-fund loan from the Economic Development Fund to the Tax Increment Financing (TIF) Fund relative to funding for the purchase of land and related expenses in the South Cedar Falls Urban Renewal Area.
28. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for legal fees, construction costs, design costs, brick costs, utility costs, reimbursement payments, landscaping costs, easement costs and other project costs related to the Downtown Streetscape Project in the Downtown Urban Renewal Area.
29. Resolution approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the West Viking Road, Industrial Park Street Expansion, and other administrative and legal fees in the Unified Urban Renewal Area.
30. Resolution approving and authorizing an inter-fund loan from the Economic Development Fund to the Tax Increment Financing (TIF) Fund relative to funding for the purchase of land and related expenses in the Unified Urban Renewal Area.
31. Resolution approving and authorizing submission of the City's FY2022 Annual Urban Renewal Report. The Urban Renewal Report required by state code, and lists how the city has spent TIF dollars for urban renewal.
32. Resolution levying a final assessment for costs incurred by the City to mow the property located at 1014 West 9th Street. The city recoups the cost for mowing non-compliant yards, after the property owner has had an opportunity to remediate the situation themselves.
33. Resolution levying a final assessment for costs incurred by the City to mow the property located at 1210 West 19th Street. Same as #32.
34. Resolution levying a final assessment for costs incurred by the City to mow the property located at 3120 Homeway Drive. Same as #32.
35. Resolution levying a final assessment for costs incurred by the City to mow the property located at 8702 University Avenue. Same as #32.
36. Resolution approving and authorizing execution of a 28E Agreement for Tobacco, Alternative Nicotine and Vapor Product Enforcement with the Iowa Alcoholic Beverages Division. This is a standard agreement with the state for the City to be reimbursed for tobacco & vapor underage purchase checks.
37. Resolution approving and authorizing execution of an Offer to Buy Real Estate and Acceptance for 2.5 acres of real estate located at 2617 South Union Road relative to expansion of the West Viking Road Industrial Park. This allows for the $395K purchase of land to add to the West Viking Industrial park, to improve our ability to market desirable properties to prospective industries.
38. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for facade improvements at 817 West 23rd Street. No concerns about the proposed design. A College Hill Character District should allow for these kinds of approvals to be handled by staff, as long as detailed requirements in the Zoning Ordinance are met.
39. Resolution approving a College Hill Neighborhood (CHN) Overlay Zoning District site plan for construction of a detached garage at 924 West 19th Street. Same as #38 above.
40. Resolution approving and authorizing execution of an Agreement for Asbestos Abatement with Advanced Environmental Inc., in conjunction with the Northern Cedar Falls Flood Buyout Program. This allocates $1950 in taxpayer funds to the removal of asbestos from residential buildings that are being torn down.
41. Resolution approving and authorizing a First Amendment to the Subrecipient Agreement for Federally Funded Project with the Northeast Iowa Food Bank for Community Development Block Grant (CDBG-CV2) funding relative to the CARES Act. This returns $15K in unused funds from the Food Bank, as part of the CDBG-granted money.
42. Resolution approving and authorizing execution of a Repair Contract with Daniels Home Improvement & Construction Co. relative to a Community Development Block Grant (CDBG) Rental Rehabilitation Project at 1009 West 3rd Street. This allows $15K to be expended for a rental rehabilitation, as a forgivable loan if the owner continues to rent the property to a Housing Choice Voucher tenant.
43. Resolution approving the final plat of Terraces at West Glen Second Addition. This allows West Glen to move forward with development of the property.
44. Resolution approving and accepting completion of public improvements in Terraces at West Glen Second Addition. With approval, the council would agree that the necessary streets and infrastructure have been completed satisfactorily.
45. Resolution approving the Certificate of Completion and accepting the work of Benton's Sand and Gravel Inc. for the 2021 Permeable Alley Project. With approval, the council would agree that this project has been completed satisfactorily so that the contractor can be paid.
46. Resolution approving and authorizing execution of Supplemental Agreement No. 2 to the Professional Service Agreement with AECOM Technical Services, Inc. relative to the Olive Street Box Culvert Replacement Project. This approval would allow AECOM to receive up to $52K for engineering support services for the new box culvert.
47. Resolution approving expenditure of funds for the purchase of a utility/cargo van for the Public Works Department. This would allocate $51.1K for the purchase of a utility van. Price has gone up significantly from past years due to inflation and supply chain shortages.
48. Resolution setting November 21, 2022 as the date of public hearing to consider entering into an Agreement for Private Development and to consider conveyance of certain city-owned real estate to CF Storage, L.L.C. No concerns about this hearing date.
Allow Bills and Claims
49. Allow Bills and Claims for November 7, 2022. The City Council is the approving authority for all bills and claims made against the city since the previous council meeting.
Council Referrals
Council Updates and Announcements
Executive Session
50. Executive Session to discuss Information contained in records in the custody of a governmental body that are confidential records pursuant to Iowa Code Section 22.7(50). This is relative to city security practices which need to remain confidential; the Council, relevant staff, and I will meet in the new Executive Conference Room at City Hall for this.
Adjournment
| Council Packet Link | |
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| Meeting Date | 11/07/22 |
