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Annotated Agenda for 2/5/2018

The commentary here meant to explain what each part of the agenda is about, as far as I understand it.  I generally will refrain from giving any opinions on the resolutions, to ensure that I keep an open mind.   I do post questions that I have, based on my reading of the packet.  

I hope that my notes will help you to better understand what's happening at the council meeting, and why.   If I missed some aspect, or you think I should be asking certain questions, let me know!


A. Call to Order by the Mayor.

B. Roll Call.

C. Approval of Minutes of the Regular Meeting of January 15, 2018.

D. Agenda Revisions.  I have nothing to add to the agenda.

E. Administration of Oath to Public Safety Officers.   This is an important milestone in the lives of these public servants.  While I have significant concerns with how the Public Safety program is structured in Cedar Falls, I have great respect for those willing to put their lives on the line for others, and will be proud to shake the hands of our newest first responders.

F. Special Order of Business:

1. Public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Street Construction Project.  It's a $4.8M project, for 16 street rebuilds (completely tearing up old roads and replacing them, along with storm sewer drainage).  The memo from Engineering Divison states that a Complete Streets checklist is on file with the city engineer.  I'll be interested to find out what that checklist entails.  I also need to confirm that we're not doing anything at all with Main Street from 6th to Seerley in 2018 (it's on the list)...my understanding is we would just do spot-repairs until 2021, when the roadway will be rebuilt.   

a. Receive and file proof of publication of notice of hearing. (Notice published January 19, 2018) State law requires these kinds of projects to be subjected to a public hearing prior to approval, and the public has to be notified well in advance that the hearing will take place.  This is that hearing. 

b. Written objections filed with the City Clerk.

c. Oral comments. Citizens' opportunity to state opinions and provide facts. 

2. Resolution approving and adopting the plans, specifications, form of contract & estimate of cost for the 2018 Street Construction Project.  Council will weigh the information in the Council Packet and any public comments & discussion to vote whether or not to approve the proposed 2018 street construction.  I've heard from several residents (during the campaign) that the bidding process needs closer scrutiny.  Now that I'll be seeing the documentation, I'll look further into just what that means to see if it's something that needs to be brought up in council.  I just don't know enough about it yet.   

3. Public hearing on a proposal to undertake a public improvement project for the West 1st Street Reconstruction Project and to authorize acquisition of private property for said project.   This $15.5M project is slated to be carried out from 2019-2021; about $8M will be covered through state money, since it's a state highway.  It's basically a five lane freeway with many driveways and side streets.  Basically the end result will look like University Avenue does from College Street to Main Street.   While I'm happy for the improved pedestrian / bike access along the north and south stretches, I'm disappointed that no traffic calming measures will be in place for that roadway, like tree canopy or a grassy center median or bumpouts.     There's a big difference between the "posted speed" and the "design speed"....and while the posted speed may be 35 MPH, it psychologically seems like a 45 MPH stretch.   If you've ever caught yourself accidently going 40 or even 45 on Waterloo Road, you know what I mean.     I predict more accidents as cars pull out of / turn into the side streets and driveways...and at fairly high speeds.   Yikes.    I'll be following this closely in the years ahead, and hope I'm wrong about the accidents.  

a. Receive and file proof of publication of notice of hearing. (Notice published January 19, 2018)  State law requires these kinds of projects to be subjected to a public hearing prior to approval, and the public has to be notified well in advance that the hearing will take place.  This is that hearing. 

b. Written objections filed with the City Clerk.  If any interested parties sent in letters or e-mails, they're noted here.

c. Oral comments.  This is your opportunity to provide your opinions and facts about the project.

4. Resolution approving a public improvement for the West 1st Street Reconstruction Project and authorizing acquisition of private property for said project.   As I understand it, the vote is simply to provide the city's consent to move forward with the project.

G. Old Business:

1. Pass Ordinance #2917, amending Chapter 26, Traffic and Motor Vehicles, of the Code of Ordinances relative to changing the speed limit on University Avenue from Hudson Road to the east city limits from 45 miles per hour to 35 miles per hour, upon its second consideration.  We discussed this in our last council meeting, and I don't have any additional questions about it.  Our city code says that a majority of Council reps have to vote "yes" on a proposed ordinance three times in order for it to be approved....so if it's approved (it was 7-0 last meeting)  we'll vote on it again in two weeks for final approval.    I'm glad we use this approach...I believe ordinances shouldn't be super easy to change with just a single vote, as some cities do.  With three readings, residents and other stakeholders can have a say in the final outcome.

H.New Business:

1. 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.)

a. Receive and file the resignation of Paul Gray as a member of the Library Board of Trustees.  No concerns. 

b. Approve the recommendation of the Mayor relative to the appointment of Kim Kranz to the Board of Rental Housing Appeals, term ending 05/01/2018.  I'll just say, I was delighted to see the mayor recommend Kim's appointment for the seat I vacated on BORHA when I 'councilfied'...she's been active in the Overman Park Neighborhood Association, and shares my heart for Cedar Falls's original neighborhoods...and for seeking a reasonable balance of homowner-occupied and renter-occupied homes, particularly in central Cedar Falls.  Too much of one or the other isn't healthy for a diverse and vibrant community.    I trust that Kim will ably navigate those competing demands, and I'm very happy to vote in favor of her appointment.

c. Receive and file the Committee of the Whole minutes of January 15, 2018 relative to the following items:  We're just approving the minutes of that meeting here, and it's not a time to debate the merits of what was discussed in those minutes.   

(1) Capital Improvements Program (CIP) – Joint Meeting with Planning & Zoning Commission.  No concerns. 

(2) Bills & Payroll. No concerns. 

d. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Traffic Operations Supervisor.  No concerns. 

e. Receive and file Departmental Monthly Reports of December 2017.  We're just voting to enter these reports into the official city record.  I read these reports with great interest, just to see what's going on within city government...I hope you will, too!   We talked in the Council's 'Goal Setting' sessions last November about having staff provide quarterly reports, rather than monthly.  It takes an inordinate amount of time to prepare these reports each month, and interested parties could learn just as much from quarterlies, I think.   Although maybe there'd be exceptions for when more timely info is needed, like Police Reports and economic reporting and the like.     

f. Receive and file the 2017 Annual Reports of the Planning & Zoning Commission, Board of Adjustment, Historic Preservation Commission, Group Rental Committee/Board of Rental Housing Appeals, and the Bicycle & Pedestrian Advisory Committee.     Again, just voting to enter these reports into the official city record.

g. Approve the following applications for beer permits and liquor licenses:    Council has to approve all permits and licenses for establishments selling alcohol.

(1) Hy-Vee Gas, 6527 University Avenue, Class C beer - renewal. I have no questions about this.

(2) AmericInn Lodge and Suites, 5818 Nordic Drive, Class B beer - renewal. No questions about this.

(3) Second State Brewing Company, 203 State Street, Class B beer - renewal. No questions about this.

(4) Cottonwood Canyon, 419 Washington Street, Special Class C liquor & outdoor service - renewal.questions about this.

(5) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor - renewal. No questions about this.

(6) The Hydrant Firehouse Grill, 2002 College Street, Class C liquor - renewal. No questions about this.

2. 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.)

a. Resolution deleting the pay for an employee in the position of Land Surveyor in the Engineering Services Division. No questions about this.

b. Resolution deleting the pay for an employee in the position of Inspector in the Inspection Services Division. No questions about this.

c. Resolution deleting the pay for an employee in the position of Equipment Mechanic in the Public Works & Parks Division. No questions about this.

d. Resolution deleting the pay for an employee in the position of Firefighter in the Fire Operations Division.  This resolution will remove a career firefighter position, with those funds going toward one of the pay for one of the three new Public Safety Officers in (f) below.   

e. Resolution establishing the pay for a new employee hired in the position of PT-Laborer in the Public Works & Parks Division. No questions.

f. Resolution establishing the pay for three new employees hired in the position of Public Safety Officer in the Police Operations Division.  No questions.

g. Resolution establishing the pay for an employee assigned to the position of Acting Police Lieutenant-Public Safety Officer in the Police Operations Division.    My two questions for this resolution are (1) why would we establish special pay for someone in an 'acting' capacity, rather than appointing them as an Acting Police Lieutenant and pay them the Police Lieutenant rate (since they're doing the work)?    Also, by appending "Public Safety Officer" to this title, does this imply that only Public Safety Officers -- not Police Officers -- can be promoted to Police Lieutenants?

h. Resolution establishing the pay for an employee reclassified to the position of Maintenance Worker in the Public Works & Parks Division. I have no questions..

i. Resolution establishing the pay for an employee reclassified to the position of Public Safety Officer in the Police Operations Division.   I believe this resolution is because a Police Officer has completed the requirements to 'upgrade' to a Public Safety Officer, and so receives higher pay.  I'll ask about this.

j. Resolution approving and authorizing execution of the renewal of an Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications, relative to recruitment advertising.  My only concern with this is that the city maintain awareness for how people access information, and to ensure we're being as efficient & effective as possible with how outreach through advertising is conducted.   I agree with the resident who stated in Public Comment back in November that fewer people see the Legal Notices in the Courier, because those residents are only looking at the online version, and don't receive a printed paper.   I'd like to learn what our processes are for deciding where and how much to spend for advertising / notices, and if there are timew when it could be just as effective to post "just" on the city website and in Currents instead or in other ways that reach people in ways that are practical to them.

k. Resolution approving and authorizing execution of an extension of a three-year Agreement for Audit Services with Eide Bailly, LLP.   As I understand it, the city uses a private auditor to validate cty finances and ensure we meet fudiciary guidelines.  I have no questions about this.

l. Resolution approving and authorizing execution of a contract for CLEAR for Law Enforcement Plus with West Publishing Corporation relative to investigations and background checks conducted by the Public Safety Services Department.   We pay for access to a private company's database for background checks.  I 'd assumed the CFPD used something federal like the EPIC Portal, so this is news to me.   I have no questions for the cost or need for the service.

m. Resolution approving and authorizing the purchase of a fire rescue pumper apparatus from Toyne, Inc.    Council is being asked to approve the purchase of a new fire engine.  This new vehicle, a replacement for the aging Engine 501, was budgeted as $500K;  the actual cost will be around $50K more than that estimate, which is OK by me (all three bids were higher).  I'm going to ask that this item be considered separately, because I want to ask about the "low bid" approach.  Having spent enough time in the Coast Guard suffering through the use of "lowest bid" equipment, I'd like to know why the determination isn't for "best value".   Expecially when it comes to a large expenditure which could mean the difference between life and death for our citizens.   Sure, if the higher price tag on the other bids was due to heated cupholders or in-cab DVD players or whatever, it would make sense to disregard that.  But if the higher tag is due to sturdier construction, I'd consider that as potentially the greater value.   I'm not looking to dictate to staff how to do their jobs, but just to make sure I understand the process and overall rationale as a representative citizen.

I also have questions about the very limited window for bidding; according to Heath's memo in the packet, they sent out bid requests to six companies on 1/25, and made a decision based on the three bids they received, five days later.   I'd like to know if the other companies responded that they weren't interested in bidding, or if they simply didn't have enough time to prepare a response.  

I was intrigued to hear that these fire engines are custom-built, and take about a year to construct! 

n. Resolution approving and authorizing execution of a Farm Lease Agreement with Luhring & Luhring Farms relative to agricultural land known as the Belz Farm.   Well. this one is interesting.   Apparently the ciy owns a plot of land north of Dike, and this company wants to pay the city $96K to farm on it.   I'd like to see a map of how much land like this the city owns that's not in Black Hawk County, and to find out why we hold on to it rather than sell it.  And bonus question, how did we get it in the first place?

o. Resolution approving and accepting a Temporary Easement, in conjunction with the 2017 Levee/Floodwall System Improvements Project. Council is being ased to approve an agreement which allows the city  to access private land as part of the work to build the new levee downtown . 

p. Resolution approving and accepting completion of public improvements in Prairie West 7th Addition.   As I understand it, city staff is saying that the contractors have completed infrastructure work on Prairie West (new development in the city's southwest) and that Council should approve that so the contractors can be paid.

q. Resolution approving the Certificate of Completion and accepting the work of Feldman Concrete for the 2017 Sidewalk Assessment Project, Zone 8.  Council is asked to agree that the contractor has finished the sidewalk constructions that the City asked for. 

r. Resolution approving the Final Statement of Expenditures for the 2017 Sidewalk Assessment Project, Zone 8.   Private property owners are required to repair the sidewalks adjacent to their properties. Of 550-ish notices that went out to owners next to broken sidewalks in 2015, 109 didn't do it, and so the city hired a contractor for those, and billed (assessed) the property owners for the cost.   I don't have concerns about this, but as a frequent sidewalk-walker, it's interesting to learn how this works!  Page 205 of the packet has a giant spreadsheet of sidewalks that were rebuilt, if you're curious.

s. Resolution approving the Certificate of Completion and accepting the work of Peterson Contractors, Inc. for the 2017 Street Reconstruction Project. City staff is asking us to agree that the contractor is officially finished with all of the street building work from 2017, so that the contractor can receive final payment.

t. Resolution approving the Certificate of Completion and accepting the work of Mike Dolan Concrete & Masonry, Inc. for the 2016 Public Sidewalk Repair, Pedestrian Ramp and Patching Project.  I'm not sure where this project occurred; it doesn't say so in the packet as far as I can tell. I'm curious why we're still having to receive 2016 projects in 2018. 

u. Resolution approving the Certificate of Completion and accepting the work of Mike Dolan Concrete & Masonry, Inc. for the 2016 Permeable Alley Project.   We're still building those special brick alleys in the College Hill and Clay Street Park neighborhoods to filter out junk from stormwater runoff before it enters Dry Run Creek.  I'm interested to find out if permeable alleys are having enough of a remedial impact on stormwater runoff to merit continuance of the program, or if there would be smarter uses for those funds to protect our watershed from pollution.  I understand that each alley costs about $80K, so it's not small potatoes.

v. Resolution approving the Certificate of Completion and accepting the work of Mike Dolan Concrete & Masonry, Inc. for the Cedar Falls Industrial Park Street Patching Project. w. Resolution approving and authorizing execution of Supplemental Agreement No. 2 to the Standard Consultant Contract with IIW, P.C. for construction engineering services relative to the West 20th Street Bridge Replacement Project. Council is being asked to agree to contract with a company to rebuild the West 20th Street Bridge over Dry Run Creek.

x. Resolution approving and authorizing execution of Supplemental Agreement No. 4 to the Professional Services Agreement with Foth Infrastructure & Environmental, LLC relative to the 2018 Bridge Inspection Project.  No questions at this time; several small bridges (so small you sometimes don't even register that you're on a 'bridge') are included in our Capital Improvement Program budgets in the next few years.  

y. Resolution approving the partial release of retainage funds to K. Cunningham Construction Company, Inc. for the University Avenue Reconstruction Project, Phase I.  I have questions about what "retainage funds" are, and will ask the Finance Director before the meeting on Monday....so that I can better understand what we're voting on here.

z. Resolution approving and authorizing execution of a Cooperative Agreement for Primary Road Project with the Iowa Department of Transportation for reconstruction of ramp terminals relative to the University Avenue Reconstruction Project, Phase 3.  The state has agreed to provide $50K for the connection of the Highway 58 on & off ramps to the new dogboned University Avenue intersection there.  Those terminals will have to be completely rebuilt because of this new design.  As I understand it, it's a relatively small percentage of the cost because these terminals weren't already due for replacement.

aa. Resolution approving and authorizing execution of an Assignment and Assumption Agreement relative to an Agreement for Private Development and conveyance of development property by CV Properties Housing Cooperative Association to CV Properties 2, LLC.    One company is asking to transfer ownership of the Urban Flats building to another company for administrative purposes.  Both companies have the same owner(s).   As I understand it, by the stipulation of the approval by the city to build Urban Flats in the first place, the city has to approve any transfer of ownership of that property.  

ab. Resolution approving a College Hill Neighborhood Overlay Zoning District site plan for a commercial/residential mixed use development at 2119 College Street.   The applicant wishes to place a 5-story building behind the new Great Wall building.on College Hill.   The city attorney has advised the mayor and council that this resolution is 'quasi-judicial', meaning the City Council will be making a determination on a case which affects the rights and responsibilities of a small number of people.   In 2007 then-attorney Steve More wrote a memo of guidance for the Mayor and Council to deal with these kinds of quasi-judicial resolutions.  If you read it, you'll see that the guidance places significant restrictions on how the Council can engage with residents and other stakeholders in getting information and opinions in advance of the City Council meeting.     Because I've refrained from taking in information outside of the what's available in the council packet, I'll have a lot of questions on Monday night.  

ac. Resolution setting February 19, 2018 as the date of public hearing on the proposed FY19 Budget for the City of Cedar Falls.  The city budget can be a little daunting, and I'm glad for the opportunity to get a better handle on it.   This public hearing will be a great opportunity to hear your concerns and questions about it.  The Commitee of the Whole for Monday has a lengthy discussion on how the budget works;  if you're curious, the meeting is open to the public; if you're interested in the city's affairs, the budget process is well worth learning. 

ad. Resolution setting February 19, 2018 as the date of public hearing on the proposed vacation and dedication of utility easements on Lots 32, 33 & 34 of Pinnacle Prairie Business Center North.    These are the lots for the proposed new Fairway and KwikStar developments, so if you are interested in these developments, plan to attend. 

I. Allow Bills and Payroll.  No concerns this week.

J. City Council Referrals. No referrals this week.

K. City Council Updates. No updates this week.

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

M. Adjournment.

 

Thanks for reading all the way through!   Your reward joke this week is, "Why do cows have hooves?"   "Because they lactose."

Council Packet Link
Meeting Date
02/05/18