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Home >> Annotated Agendas >> Annotated Agenda for 6/20/2022

Annotated Agenda for 6/20/2022

 Noteworthy items on Monday night at 7pm include the Council's consideration of Craig Berte for Public Safety Director  (Item #13),  approval of the city's new Diversity, Equity & Inclusion Specialist job description (Item #14), the proposed adoption of a Resilience Plan for the city (Item #30) and contract approval for the $1.5M Center Street Streetscaping Project up in North Cedar (Item #35). The meeting also features a  LOT of administrative items like health care coverage approvals and towing agreements which always come up right before the new fiscal year starts. 

Prior to the regular council meeting, at 5:50 I'll present recommended changes to the existing Council Meeting Procedures document (Admin Policy #7) to the Administration Committee.   The proposed changes are at https://bit.ly/cf-special-orders-update.  The council specifically requested to consider (1) the possibility of adding a second public forum to the end of the meeting, (2) addressing the process for council referrals, and (3) other potential revisions.   Since I've been making tons of notes and questions on my copy of Admin Policy #7 over the past five years, I figure this is as an appropriate time as any to recommend an overhaul of this document to the city council.  I've really enjoyed working with the Mayor Pro Tem, the City Attorney (as a trained parliamentarian) and city staff to write up these recommendations...I understand our rules (and some of their shortcomings) as a result.  I'm looking forward to a good discussion with the Administration Committee about this, and I hope you'll enjoy following along.

Please tune on on Channel 15 or livestreamed on YouTube -- or feel free to come to the Community Center and participate in person. Thanks (as always!) for doing the work to be an informed and engaged resident.


Call to Order by the Mayor

Roll Call

Approval of Minutes

1. Regular meeting of June 6, 2022.

Agenda Revisions

Special Presentations

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

Special Order of Business

2. Public hearing on proposed plans, specifications, form of contract & estimate of cost for the 2022 Seal Coat Project.  This $207K project will improve several streets, cemetery accesses, and a parking lot. This is a standard project let out every year. 

a) Receive and file proof of publication of notice of hearing. (Notice published June 10, 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 2022 Seal Coat Project.

3. Public hearing on proposed plans, specifications, form of contract & estimate of cost for the 2022 University Avenue Bio Cells Project.   This $103K project will add bioswales along University Avenue (similar to what's on Waterloo Road) to help naturally filter the stormwater that flows out from our parking lots and other runoff.   I'm glad to support this project.

a) Receive and file proof of publication of notice of hearing. (Notice published June 10, 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 2022 University Avenue Bio Cells Project.

Old Business

4. Pass Ordinance #3012, amending Chapter 24, Utilities, of the Code of Ordinances, relative to stormwater rates, upon its third and final consideration.  This the final reading of an increase in stormwater rates assessed to properties.  While we want to avoid increasing rates whenever possible, in this case the change is necessary to account for costs and upcoming projects.

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.)

5. Receive and file the City Council Standing Committee minutes of June 6, 2022 relative to the following items:   

a) City Council Training Update.

b) Grow Cedar Valley Update.

c) FY2023 Cash Management Report.

6. Receive and file the following resignations of members from Boards and Commissions:  The city's great thanks go to Susan Langan for twenty years of service to the Human Rights Commission.   Melissa Heston also is leaving the Housing Commission, as agreed for the Housing Commission now having enough members for a quorum.

a) Melissa Heston, Housing Commission.

b) Susan Langan, Human Rights Commission.

7. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions:   Thanks to these citizens for new and continued service to the people of Cedar Falls.

a) Craig Fairbanks, Housing Commission, term ends 12/31/2022.

b) Peggy Larson, Housing Commission, term ends 12/31/2023.

c) David Kivett, Human Rights Commission, term ends 07/01/25.

d) Sonja Bock, Human Rights Commission, term ends 07/01/25.

8. Receive and file the Appointment Process for City Boards and Commissions (CFD 1201).   In line with #7, this directive describes my process for appointing members to boards and commissions.  Every mayor can do something different (the City Code does not specify a process); I created a process in 2020 that uses a Selection Panel to vet candidates and then send the top two or three to me for final consideration & appointment. The process limits the potential for even the appearance of cronyism or nepotism, and has worked out well.   This item just gets the policy into the official record for public transparency's sake.

9. Receive and file the Cedar Falls Resilience Plan.   This council action officially records that the contractor has successfully completed the Resilience Plan so that final payment can be issued.  Item #30 below would then offer the council the opportunity to further 'Approve and Adopt' the plan for planning and implementation. 

10. Receive, file and approve the FY2023 Cash Management Report.   This is a standard report required by the state;  Lisa Roeding, the city treasurer, provided presented the report to the Administration Committee on June 6th. 

11. Approve the following applications for cigarette/tobacco/nicotine/vapor permits:   The City Council is the approving authority for these kinds of permits.  Please don't smoke!

a) Great Wall China, 2125 College Street.

b) Kwik Star #490, 7500 Nordic Drive.

c) Kwik Star #726, 2019 College Street.

d) Kwik Star #934, 4515 Coneflower Parkway.

e) Tobacco Outlet Plus #561, 4116 University Avenue Suite 104-105.

12. Approve the following applications for beer permits and liquor licenses:   The council is the approving authority for all alcohol permits and liquor licenses. Please drink responsibly!

a) Kwik Star, 2019 College Street, Class C beer & Class B wine - renewal.

b) NewAldaya Lifescapes, 7511 University Avenue, Class A liquor & outdoor service - renewal.

c) Applebee's Neighborhood Grill & Bar, 6301 University Avenue, Class C liquor - renewal.

d) Carlos O'Kelly's Mexican Café, 6507 University Avenue, Class C liquor - renewal.

e) George’s Local, 108 E. 4th Street, Class C liquor & outdoor service – renewal.

f) Montage, 222-224 Main Street, Class C liquor & outdoor service – renewal.

g) Starbeck’s Smokehouse, 6607 University Ave, Class C liquor & outdoor service – renewal.

h) The Other Place, 209 Main Street, Class C liquor - 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.)

13. Resolution approving the recommendation of the Mayor and City Administrator by appointing Craig Berte as the Director of Public Safety Services.  I've noted in my cover memo my rationale for recommending this appointment.  Chief Berte has performed the police chief role ably, and I believe him to be well-suited for this executive position.  While I still hold that the Public Safety Director duties could be carried out either by the police chief or fire chief, I also believe that good governance requires that we carry out government in the way the policymakers (Council) have decided, not in the way the Mayor wishes they decided.  This appointment does not at all close the debate on the need for a separate Public Safety Director position.

14. Resolution approving and adopting a job classification for the position of Diversity, Equity & Inclusion (DEI) Specialist in the Human Resources Department.  The Council authorized this position to be created as part of the FY23 budget. and I'm happy we'll be in a position to solicit candidates immediately after July 1st.   This position description has my full support, and was recommended for approval by the Human Rights Commission as well. 

15. Resolution approving and authorizing execution of an Engagement Letter with Eide Bailly, LLP to perform the audit of the City’s FY2022 financial statements and compliance with federal award programs.  This would allocate $43,500 to the annual external audit of the city's finances. 

*** ITEMS 16 - 29 RELATE TO THE CITY'S HEALTH INSURANCE PLANS, FOR WHICH I HAVE NO CONCERNS. ***

16. Resolution approving and authorizing execution of an Administrative Services Agreement with Wellmark Blue Cross and Blue Shield relative to the City’s FY2023 Employee Health Plan.   

17. Resolution approving a Stop Loss Policy with Wellmark, Inc. relative to the City’s FY2023 Employee Health Plan. 

18. Resolution approving and authorizing execution of a Joinder Agreement for Group Term Life Insurance with National Insurance Services of Wisconsin Insurance Trust relative to Group Term Life Insurance & Accidental Death & Dismemberment (AD&D) Insurance.   

19. Resolution approving and authorizing execution of Amendment #3 to Joinder Agreement for Long Term Disability Insurance with National Insurance Services Trust. (contingent upon approval of previous item)   

20. Resolution approving and authorizing execution of a Client Authorization to Bind Coverage with Arthur J. Gallagher Risk Management Services, Inc. relative to renewal of City’s Public Entity Insurance for FY2023.  This is the city's annual insurance coverage agreement.

21. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with L&M Transmission.  This is the standard annual agreement for city-directed towing (for vehicular accident removal and parking violation where vehicles must be moved. The rate is $100 per tow.

22. Resolution approving and authorizing execution of an Agreement for Wrecker/Towing/Storage Service with Rasmussen Towing, Inc.  This is the standard annual agreement for city-directed towing (for vehicular accident removal and parking violation where vehicles must be moved. The rate is $100 per tow.

23. Resolution approving and authorizing execution of two Lease Extensions relative to the use of 224 West Seerley Boulevard as artists’ studio space, in conjunction with the Heart Center’s Visiting Artist Program.  This allows artists to continue using the current studio space next to the Hearst for $145/mo.

24. Resolution approving and authorizing execution of a Cooperative Agreement for Use of Swimming Pools with the Cedar Falls Community School District.  This is a continuance of the City's existing agreement with CF Schools to share costs for the swimming pools.

25. Resolution approving and authorizing execution of an Agreement in Support of the College Hill Partnership relative to an FY2023 Economic Development Grant.  This would provide $4500 to CHP to continue their work promoting the economic development of College Hill.

26. Resolution approving and authorizing execution of an Agreement to Support Economic Development Program of Cedar Falls Community Main Street relative to an FY2023 Economic Development Grant.  This would provide $12000 to CMS to continue their work promoting the economic development of downtown through general upkeep and caretaking work.

27. Resolution approving and authorizing execution of an Agreement to Support Economic Development in the Cedar Valley with Grow Cedar Valley relative to an FY2023 Economic Development Grant.  This would provide $30,000 to GCV to continue their work promoting the economic development in Cedar Falls, with additional incentives for meeting certain program goals.

28. Resolution approving and authorizing execution of an FY2023 Facade Improvement Fund Agreement with Cedar Falls Community Main Street.    This would provide $6K to CMS to administer facade improvements downtown.  The continued beautification of storefronts on Main Street is a driver for the area's success.

29. Resolution in support of the College Hill Partnership's "Light Up College Hill" plan and grant application to Destination Iowa program of the State of Iowa.  This is a  request from College Hill Partnership to have council's support for a lighted entryway to the College Hill Business District, using state funds.  I fully support this request and am bring it forward for the council's consideration.

30. Resolution approving and adopting the Cedar Falls Resilience Plan (refer to agenda item #9 for the full Resilience Plan).  This is a " step above" item #9, and would affirm the council's support for implementing the principles of the Resilience Plan.  I support the adoption of this plan as a means to guide staff in future city initiatives.  Of course, any item requiring funding would then have to go back to the Council for approval, so this is by no means a 'blank check'.  I do believe that the approval would send a strong signal to the community about the city's commitment to resilience and stewardship. 

31. 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 is an $11K project to upgrade a deficient home using federal housing funds (designated for this purpose).  No concerns.

32. Resolution approving the final plat of West Viking Road Industrial Park Phase V.  This allows the new Industrial Park to be divided out so that individual parcels may be sold after the infrastructure is in place.

33. Resolution approving and authorizing execution of a Preconstruction Agreement for a Primary Road Project with the Iowa Department of Transportation (IDOT) relative to the Highway 58/Hudson Road Resurfacing Project.  This would allow the city to take part in a state DOT project to resurface Hudson Road with Hot Mix Asphalt (HMA) for $306.5K.

34. Resolution receiving and filing, and approving and accepting the bid of Owen Contracting, Inc., in the amount of $1,540,597.85, being the only bid received for the Center Street Corridor Streetscape Project.  This bid is about $400K higher than the engineering estimate, which the engineer attributes to inflation and increased material costs and contractor work demand.  Given the impact of this project on the future of the North Cedar neighborhood, I believe it is in the city's best interest to proceed with the project despite the higher bid amount.

35. Resolution approving and accepting the contract and bond of Owen Contracting, Inc. for the Center Street Corridor Streetscape Project.  This is the contract for the project described in #34 above. 

36. Resolution approving and authorizing execution of three Owner Purchase Agreements, and approving and accepting three Temporary Construction Easements, two Warranty Deeds and one Public Utility Easement, in conjunction with the Olive Street Box Culvert Replacement Project.  These construction and utility easements are required in order to complete the Olive Street Box Culvert Project.

37. Resolution receiving and filing, and setting July 5, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Olive Street Box Culvert Replacement Project.  No concerns about the hearing date.

38. Resolution receiving and filing, and setting July 5, 2022 as the date of public hearing on the FY2023 (FFY2022) Annual Action Plan for Community Development Block Grant (CDBG) and HOME Consortium.  No concerns about the hearing date.

39. Resolution setting July 5, 2022 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to Planning and Zoning Commission review of site plans.  No concerns about the hearing date.

Ordinances:

40. Pass an ordinance amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking on portions of South Lawn Road, upon its first consideration.  This is a requested change to address a congested traffic corridor.  No concerns, but I will be interested to learn if there are any adjacent resident concerns about the proposed change.

Allow Bills and Claims

41. Allow Bills and Claims for June 20, 2022.  The city council is the approving authority for all bills and claims made against the city since the previous council meeting.

City Council Referrals

City Council Updates

Staff Updates

Adjournment

Council Packet Link
Meeting Date
06/20/22