The main item for Monday night at 7pm is likely to be Item #11, which is an agreement proposed by Chief Bostwick for a terminal leave of absence, resignation as fire chief, and mutual release of legal claims. I will save my comments and thoughts on this proposal for the meeting itself.
At 5:50, the FBO Standing Committee will meet to hear a presentation from Finance Director Jen Rodenbeck on the proposed FY24 Budget.
Both of these meetings will take place at City Hall, and the public is invited to join us in person, livestreamed on YouTube, or on CFU Channel 15. Thanks 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 January 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. Public Hearing on the proposed plans, specifications and forms of contract & estimate of cost for the Hudson Road & West Ridgeway Avenue Intersection Improvements Project. This project will install traffic signals at Hudson & Ridgeway, which are greatly needed there.
a) Receive and file proof of publication of notice of hearing. (Notice published 01/23/2023)
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 Hudson Road & West Ridgeway Avenue Intersection Improvements Project.
3. Public Hearing on the proposed plans, specifications and forms of contract & estimate of cost for the Oak Park Boulevard Sanitary Sewer Replacement Project.This $442K project has been in the works for several years now, in order to replace the temporary sewer fix in that neighborhood.
a) Receive and file proof of publication of notice of hearing. (Notice published 01/23/2023)
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 Oak Park Boulevard Sanitary Sewer Replacement Project.
4. Pass Ordinance #3023, amending the Zoning Map by placing property located on Lots 5 and 6 of the Midway Business Park in the R-4, Multiple Unit Residential Zoning District, pursuant to provisions of a Zoning Agreement, upon its second consideration. We have discussed this in past meetings. This is the second of three required readings.
5. Pass Ordinance #3024, amending the Zoning Map by removing property generally described as Lots 1-4 of Midway Second Addition from the R-4, Multiple Unit Residential Zoning District, to the R-1, One & Two Unit Residential Zoning District, upon its second consideration. We have discussed this in past meetings. This is the second of three required readings.
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.)
6. Receive and file the City Council Standing Committee minutes of January 17, 2023 relative to the following item:
a) FY2023-FY2028 Capital Improvements Program (CIP).
7. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: Thanks to Julie and Sally for agreeing server for another term!
a) Julie Etheredge, Historic Preservation Commission, term ending 03/31/26.
b) Sally Timmer, Historic Preservation Commission, term ending 03/31/26.
8. Receive and file Departmental Monthly Reports of December 2022. This important report provides excellent details on the city's activities in December.
9. Approve the following applications for retail alcohol licenses: The City Council is the approving authority for alcohol permits and liquor licenses.
a) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special Class C retail alcohol - renewal
b) Cottonwood Canyon, 419 Washington Street, Special Class C retail alcohol & outdoor service - renewal.
c) Chad's Pizza and Restaurant, 909 West 23rd Street, Class C retail alcohol & outdoor service - renewal.
d) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C retail alcohol - renewal.
e) Thunder Ridge Ampride, 2425 Whitetail Drive, Class E retail alcohol - renewal.
f) Kwik Star, 2019 College Street, Class C beer & Class B wine – change in ownership.
g) Kwik Star, 4515 Coneflower Parkway, Class C beer & Class B wine – change in ownership.
h) Kwik Star, 7500 Nordic Drive, Class C beer & Class B wine – change in ownership.
i) Kwik Spirits, 4116 University Avenue, Class E retail alcohol – change in ownership.
j) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C retail alcohol & outdoor service – 8-month permit.
k) Great Walls, 2125 College Street, Class B retail alcohol - new.
l) Hy-Vee Fast and Fresh, 6527 University Avenue, Class B retail alcohol – new.
m) Pheasant Ridge Golf Course, 3205 West 12th Street, Special Class C retail alcohol & outdoor service - new.
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.)
10. Resolution Calendar with items considered separately.
11. Resolution approving and authorizing execution of a Terminal Leave of Absence, Resignation, and Mutual Release Agreement with John Bostwick relative to employment with the City. I understand that this item is contentious, and no doubt will be brought up for separate discussion. It has been a very challenging situation, and has drawn out for several months now. The council, city staff and I are very limited in what we can say about it due to this requirement in Iowa Code 80.F:
"20. The employing agency shall keep an officer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer confidential unless otherwise provided by law or with the officer’s written consent. Nothing in this section prohibits the release of an officer’s statement, recordings, or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer to the officer or the officer’s legal counsel upon the officer’s request."
This means that only John Bostwick, who as a public safety can release information about the complaints against him. I gather that conspiracy theories abound, as do the typical allegations of corruption, secret deals, etc. The simple fact is that the paragraph above, as well as Iowa Code 22 (Open Records Law), strictly prohibit the city and its officers (both elected and appointed) from revealing information about this. Believe me -- as someone who's been very forthright in providing information to the public -- if I were legally able to provide more detail than has been shared already, I certainly would. Again, only Mr. Bostwick is allowed by Iowa Law to release this information.
I will look forward to a thorough discussion of the pros and cons of this agreement during the council meeting.
12. Resolution approving and authorizing execution of an Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications, relative to recruitment advertising. This is similar to past agreements for providing advertisements for city hiring.
13. Resolution approving and authorizing execution of a First Amendment to Professional Services Agreement with Berry, Dunn, McNeil & Parker, LLC relative to replacement of the City's financial system. This amendment would provide an additional $21K to rewrite the RFP and conduct new demonstrations with vendors in order to procure this very expensive and important financial system. I support this effort because we simply can't afford to risk selecting a bad product.
14. Resolution approving and authorizing execution of a Professional Service Agreement with OPN Architects, Inc. relative to the Hearst 2.0 Master Plan Project. This is a $24K planning project for the Hearst Center expansion. No concerns.
15. Resolution approving a PC-2, Planned Commercial Zoning District site plan for construction of a retail building at 930 Viking Road. This new building fits well within the requirements of that zoning district.
16. Resolution approving and authorizing execution of one Owner Purchase Agreement and one Amended and Substituted Owner Purchase Agreement, in conjunction with the Main Street Reconstruction Project. These agreements are mundane, and simply accommodate the needs of adjoining property owners as part of the construction of the new Main Street. One of the agreements is for the purchase of the brick building at 1123 and 1125 Main Street for $396K. to be demolished to make way for the new roundabout in that area. No concerns.
17. Resolution approving and accepting a Warranty Deed, in conjunction with the Main Street Reconstruction Project.This acquisition is needed for the project. No concerns.
18. Resolution approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system within the public right-of-way of West 27th Street near the Greenhill Road intersection.This allows the private firm to put fiber-optic in the city right of way. No concerns.
19. Resolution approving the Certificate of Completion and accepting the work of Municipal Pipe Tool Company, LLC for the 2022 CDBG Sanitary Sewer Rehabilitation Project. This allows the contractor to receive the final $27K for this $286K project.
20. Resolution approving and authorizing execution of Supplemental Agreement No. 4C to the Professional Service Agreement with Snyder & Associates, Inc. for platting and engineering services relative to West Viking Road Industrial Park - Phase VI.This provides up to $8K to Snyder for engineering services using Industrial Park TIF money.
21. Resolution approving and authorizing execution of Supplemental Agreement No. 10B to the Professional Service Agreement with Snyder & Associates, Inc. for design services relative to the West Viking Road Reconstruction and Recreational Trail Infill Project. This is a major agreement with Snyder for $233K for design services for the project.
22. Resolution receiving and filing, and approving the plans, specifications and estimate of cost for the Highway 58 & Ridgeway Avenue Reconstruction Project.This would simply approve the city's plans for the major rehabilitation of this corridor, as apart of a $15M rebuild of the intersection between Highway 20 and Ridgeway. This is one of the city's worst roadways (IMHO) so I'm glad to see this going forward. This doesn't approve the final cost, just the estimate.
Allow Bills and Claims
23. Allow Bills and Claims for February 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 Councilor Schultz provided an e-mail with several requests for items to be referred to committee, and this will be an opportunity for the council to approve or reject these referral requests. Each referral has a "cost" associated with it in terms of staff time to research and build presentations (which means they're not working on something else). Of course, council members may still refer other items, as allowed in the Council Meeting Procedures (CFD 1101).
24. Refer to the Public Works Committee a request for no parking on Bluebell Road.
25. Refer to the Public Works Committee a request to review snow removal practices and policies.
26. Refer to the Public Works Committee a request for a four-way stop at Lone Tree Road and Center Street intersection.
27. Refer to the Public Works Committee a request to review pedestrian crosswalks for University Avenue and Center Street.
28. Refer to the Public Works Committee a request to review traffic patterns for student pick-up/drop-off at North Cedar, Aldrich, Orchard Hill and Southdale elementary schools.
Adjournment
| Council Packet Link | |
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| Meeting Date | 02/06/23 |
