City Council Meeting
Regular MeetingCedar Falls, IA · February 19, 2018
Minutes
CITY HALL
CEDAR FALLS, IOWA, FEBRUARY 19, 2018
REGULAR MEETING, CITY COUNCIL
MAYOR JAMES P. BROWN PRESIDING
The City Council of the City of Cedar Falls, Iowa, met in Regular Session, pursuant to
law, the rules of said Council and prior notice given each member thereof, in the City
Hall at Cedar Falls, Iowa, at 7:00 P.M. on the above date. Members present: Miller,
deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Absent: None.
51729 - It was moved by deBuhr and seconded by Green that the minutes of the Regular
Meeting of February 5, 2018 be approved as presented and ordered of record.
Motion carried unanimously.
The Mayor recognized a Boy Scout in attendance at the meeting.
51730 - Mayor Brown announced that in accordance with the public notice of February 7,
2018, this was the time and place for a public hearing on the proposed FY19 Budget
for the City of Cedar Falls. It was then moved by Blanford and seconded by Miller that
the proof of publication of notice of hearing be received and placed on file. Motion
carried unanimously.
51731 - The Mayor then asked if there were any written objections filed to the proposed
Budget. Upon being advised that there were no written objections on file, the Mayor
then called for oral comments. Finance & Business Operations Director Rodenbeck
commented briefly. There being no one else present wishing to speak either for or
against the proposed Budget, the Mayor declared the hearing closed and passed to
the next order of business.
51732 - It was moved by Blanford and seconded by Wieland that Resolution #20,957,
approving and adopting the FY19 Budget for the City of Cedar Falls, be adopted.
Following due consideration by the Council, the Mayor put the question on the motion
and upon call of the roll, the following named Councilmembers voted. Aye: Miller,
deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Nay: None. Motion carried. The
Mayor then declared Resolution #20,957 duly passed and adopted.
51733 - It was moved by Darrah and seconded by Wieland that Resolution #20,958,
approving a Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan
for construction of a grocery store on Lots 32 & 33 of Pinnacle Prairie Business
Center North (4500 South Main Street), be adopted. Following comments by Penny
Popp, 4805 South Main Street, John Dutcher, 1238 Clark Drive, and Curt Olson,
3707 South Main Street, questions by Councilmembers deBuhr, Darrah and Green,
and responses by City Engineer Resler and City Planner III Sturch, the Mayor put the
question on the motion and upon call of the roll, the following named
Councilmembers voted. Aye: Miller, deBuhr, Kruse, Blanford, Darrah, Wieland. Nay:
Green. Motion carried. The Mayor then declared Resolution #20,958 duly passed and
adopted.
51734 - It was moved by Miller and seconded by Blanford that a resolution approving a
Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan for
construction of a convenience store/gas station and detached carwash on Lots 33 &
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34 of Pinnacle Prairie Business Center North (4515 Coneflower Parkway), be
adopted. City Planner III Sturch provided a brief background on the proposed site
plan and responded to questions by Councilmembers Kruse, Darrah and deBuhr.
The following individuals expressed concerns or spoke in opposition to the proposed
site plan:
Rosemary Beach, 5018 Sage Road
Larry Wyckoff, 4241 Eastpark Road
Penny Popp, 4805 South Main Street
Jerry Dixon, 218 Spruce Hills Drive
Ron Flory, 301 Spruce Hills Drive
Kathy Barfels, 305 Spruce Hills Drive
The following individual spoke in support of the proposed site plan:
John Dutcher, 1238 Clark Drive
Following additional comments and questions by Councilmembers deBuhr, Darrah,
Green, Wieland, Kruse, Miller and Blanford, and responses by City Planner III Sturch,
City Engineer Resler and Kwik Star Representative Emily Kronebusch, the Mayor put
the question on the motion and upon call of the roll, the following named
Councilmembers voted. Aye: Miller, Blanford, Darrah. Nay: deBuhr, Kruse, Wieland,
Green. Motion failed.
51735 - It was moved by Green and seconded by deBuhr that 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, be passed upon its third and final
consideration. The Mayor put the question on the motion and upon call of the roll, the
following named Councilmembers voted. Aye: Miller, deBuhr, Kruse, Blanford,
Darrah, Wieland, Green. Nay: None. Motion carried. The Mayor then declared
Ordinance #2917 duly passed and adopted.
51736 - It was moved by Miller and seconded by Green to remove from the table the motion
by Miller and second by Wieland to consider a resolution approving a College Hill
Neighborhood Overlay Zoning District site plan for a commercial/residential mixed
use development at 2119 College Street. Motion to remove from the table carried 5-2,
with Blanford and Darrah voting nay.
City Planner II Graham and Community Development Director Sheetz provided a
brief summary of the proposed site plan and responded to questions and comments
by Councilmembers Miller and Blanford.
The following individuals spoke in support of the proposed site plan:
Dan Drendel (Slingshot Architect), 305 East Court Avenue, Des Moines, Iowa
Nick Taiber, 1709 Clay Street
Andy Fuchtman, 422 North Ellen Street
Dave Diebler, 1616 Campus Street
The following individuals spoke in opposition to the proposed site plan:
James Bunkofske, 1706 Cottage Lane
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Attorney Eashaan Vajpeyi, 3831 Convair Lane
Dr. Brian Sires, 1939 College Street
Karla Bigelow-Baker (Razor’s Edge), 1826 Quail Ridge Lane
Dennis Bigelow, 3909 Beaver Ridge Circle
Chris Warnimont, 415 ½ Washington Street
Following questions by Councilmembers Green and responses by Community
Development Director Sheetz and City Planner II Graham, the Mayor put the question
on the motion and upon call of the roll, the following named Councilmembers voted.
Aye: Darrah, Wieland. Nay: Miller, deBuhr, Kruse, Blanford, Green. Motion failed.
51737 - It was moved by Darrah and seconded by Wieland that the following items and
recommendations on the Consent Calendar be received, filed and approved:
Receive and file the Committee of the Whole minutes of February 5, 2018 relative to
the following items:
(1) Vine Street parking restrictions.
(2) FY19 Budget.
(3) Public Safety Services Update.
(4) Bills & Payroll.
Approve and adopt action taken at the Committee of the Whole meeting of February
5, 2018 relative to Vine Street parking restrictions.
Receive and file the plans, specifications, form of contract & estimate of cost for the
2018 Sanitary Sewer Rehabilitation Project.
Receive and file the bids received for the 2018 Street Construction Project.
Approve the following applications for beer permits and liquor licenses:
(1) Panchero's Mexican Grill, 6421 University Avenue, Class B beer - renewal.
(2) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special
Class C liquor - renewal.
(3) Chad's Pizza and Restaurant, 909 West 23rd Street, Class C liquor & outdoor
service - renewal.
(4) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C
liquor - renewal.
Motion carried unanimously.
51738 - It was moved by Darrah and seconded by Miller that the following resolutions be
introduced and adopted:
Resolution #20,959, establishing the pay for a new employee hired in the position of
Planner I in the Planning & Community Services Division.
Resolution #20,960, establishing the pay for an employee reclassified to the position
of PT-Maintenance Worker in the Public Works & Parks Division.
Resolution #20,961, establishing the pay for an employee reclassified to the position
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of Police Captain-PSO in the Police Operations Division.
Resolution #20,962, establishing the pay for three employees reclassified to the
position of Police Lieutenant-PSO in the Police Operations Division.
Resolution #20,963, establishing the pay for eight employees reclassified to the
position of Public Safety Officer in the Police Operations Division.
Resolution #20,964, establishing the pay for an employee assigned to the position of
Acting Police Lieutenant-PSO in the Police Operations Division.
Resolution #20,965, adjusting the pay for four employees in the position of Public
Safety Officer in the Police Operations Division.
Resolution #20,966, declaring an official intent under Treasury Regulation 1.150-2 to
issue debt to reimburse the City for certain original expenditures paid in connection
with a specified project.
Resolution #20,967, approving and authorizing execution of an Amendment,
Assignment and Assumption Agreement between the University of Northern Iowa,
University Book and Supply Company, Inc. and the City of Cedar Falls relative to a
ground lease agreement.
Resolution #20,968, approving and adopting the recommendation of the Parks &
Recreation Commission relative to the FY19 Municipal Cemetery Fee Schedule.
Resolution #20,969, approving and authorizing execution of a Lease relative to
property vacated by the 2008 flood buyout programs.
Resolution #20,970, approving the completion and accepting the work of WHKS &
Co., and authorizing final payment relative to a Professional Service Agreement for
the Sanitary Sewer Inflow/Infiltration Control Project, Phase I.
Resolution #20,971, approving and accepting the low bid of Peterson Contractors,
Inc., in the amount of $4,676,551.93, for the 2018 Street Construction Project.
Resolution #20,972, approving and accepting a Temporary Easement, in conjunction
with the 2017 Levee/Floodwall System Improvements Project.
Resolution #20,973, approving and authorizing submission of the Iowa Certified Local
Government (CLG) 2017 Annual Report of the Historic Preservation Commission to
the State Historical Society of Iowa.
Resolution #20,974, approving a College Hill Neighborhood Overlay Zoning District
site plan for facade improvements at 917 West 23rd Street.
Resolution #20,975, approving and authorizing execution of Agreement to Amend
Restrictions in Deed of Dedication of Northern Cedar Falls Industrial Park, Phase I
Addition.
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Resolution #20,976, approving and authorizing execution of a Professional Service
Agreement with the Iowa Northland Regional Council of Governments (INRCOG)
relative to the Community Development Block Grant (CDBG) Program.
Resolution #20,977, setting March 5, 2018 as the date of public hearing on the
proposed plans, specifications, form of contract & estimate of cost for the 2018
Sanitary Sewer Rehabilitation Project.
Resolution #20,978, setting March 5, 2018 as the date of public hearing on a
proposal to undertake a public improvement project for the Campus Street Bridge
Replacement University Branch of Dry Run Creek Project and to authorize acquisition
of private property for said project.
Following due consideration by the Council, the Mayor put the question on the motion
and upon call of the roll, the following named Councilmembers voted. Aye: Miller,
deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Nay: None. Motion carried. The
Mayor then declared Resolutions #20,959 through #20,978 duly passed and adopted.
51739 - It was moved by deBuhr and seconded by Kruse that the bills and payroll be allowed
as presented, and that the Controller/City Treasurer be authorized to issue City
checks in the proper amounts and on the proper funds in payment of the same. Upon
call of the roll, the following named Councilmembers voted. Aye: Miller, deBuhr,
Kruse, Blanford, Darrah, Wieland, Green. Nay: None. Motion carried.
51740 - Northern Iowa Student Liaison Cade Olmstead announced an event hosted by UNI
Humanities, Arts and Sciences on February 22, 2018, 12:30-4:00 P.M.
Director of Municipal Operations and Programs Mark Ripplinger announced a Black
Hawk County Gaming Grant awarded to the City for the Pickle ball project.
51741 - The City Council adjourned to Executive Session at 9:15 P.M.
51742 - Larry Wyckoff, 4241 Eastpark Road, requested that citizens work with schools to
make them harder targets.
Councilmember Wieland invited citizens to contact him with concerns regarding
trailers being parked in their neighborhood.
Mayor Brown reconvened the Council Meeting at 10:04 P.M. and stated that Legal
Matters had been discussed but that no further action was required at this time.
51743 - It was moved by Darrah and seconded by Green that the meeting be adjourned at
10:05 P.M. Motion carried unanimously.
_______________________________
Jacqueline Danielsen, MMC, City Clerk
Agenda
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AGENDA
CITY OF CEDAR FALLS, IOWA
REGULAR MEETING, CITY COUNCIL
MONDAY, FEBRUARY 19, 2018
7:00 PM AT CITY HALL
A. Call to Order by the Mayor.
B. Roll Call.
C. Approval of Minutes of the Regular Meeting of February 5, 2018.
D. Agenda Revisions.
E. Special Order of Business:
1. Public hearing on the proposed FY19 Budget for the City of Cedar Falls.
a. Receive and file proof of publication of notice of hearing. (Notice published February 7,
2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
2. Resolution approving and adopting the FY19 Budget for the City of Cedar Falls.
3. Resolution approving a Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan
for construction of a grocery store on Lots 32 & 33 of Pinnacle Prairie Business Center North.
(4500 South Main Street)
4. Resolution approving a Highway Corridor and Greenbelt (HCG) Overlay Zoning District site plan
for construction of a convenience store/gas station and detached carwash on Lots 33 & 34 of
Pinnacle Prairie Business Center North. (4515 Coneflower Parkway)
5. Public hearing on a proposed vacation and dedication of utility easements on Lots 32, 33 & 34 of
Pinnacle Prairie Business Center North. (Contingent upon approval of Items E-3 and E-4)
a. Receive and file proof of publication of notice of hearing. (Notice published February 9,
2018)
b. Written objections filed with the City Clerk.
c. Oral comments.
6. Resolution approving and authorizing vacation and dedication of utility easements on Lots 32, 33 &
34 of Pinnacle Prairie Business Center North. (Contingent upon approval of Items E-3 and E-4)
7. Resolution approving and authorizing execution of a Developmental Procedures Agreement with
Greenhill Estates, Inc. relative to public improvements on Greenhill Road in the vicinity of the
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Coneflower Parkway intersection. (Contingent upon approval of Items E-3 and E-4)
F. 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 third & final consideration.
2. Remove from the table the motion by Miller and second by Wieland to adopt a resolution approving
a College Hill Neighborhood Overlay Zoning District site plan for a commercial/residential mixed
use development at 2119 College Street.
a. Resolution approving a College Hill Neighborhood Overlay Zoning District site plan for a
commercial/residential mixed use development at 2119 College Street.
G. 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 Committee of the Whole minutes of February 5, 2018 relative to the
following items:
(1) Vine Street parking restrictions.
(2) FY19 Budget.
(3) Public Safety Services Update.
(4) Bills & Payroll.
b. Approve and adopt action taken at the Committee of the Whole meeting of February 5, 2018
relative to Vine Street parking restrictions.
c. Receive and file the plans, specifications, form of contract & estimate of cost for the 2018
Sanitary Sewer Rehabilitation Project.
d. Receive and file the bids received for the 2018 Street Construction Project.
e. Approve the following applications for beer permits and liquor licenses:
(1) Panchero's Mexican Grill, 6421 University Avenue, Class B beer - renewal.
(2) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special Class C
liquor - renewal.
(3) Chad's Pizza and Restaurant, 909 West 23rd Street, Class C liquor & outdoor service -
renewal.
(4) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C liquor -
renewal.
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 establishing the pay for a new employee hired in the position of Planner I in the
Planning & Community Services Division.
b. Resolution establishing the pay for an employee reclassified to the position of PT-
Maintenance Worker in the Public Works & Parks Division.
c. Resolution establishing the pay for an employee reclassified to the position of Police
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Captain-PSO in the Police Operations Division.
d. Resolution establishing the pay for three employees reclassified to the position of Police
Lieutenant-PSO in the Police Operations Division.
e. Resolution establishing the pay for eight employees reclassified to the position of Public
Safety Officer in the Police Operations Division.
f. Resolution establishing the pay for an employee assigned to the position of Acting Police
Lieutenant-PSO in the Police Operations Division.
g. Resolution adjusting the pay for four employees in the position of Public Safety Officer in the
Police Operations Division.
h. Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to
reimburse the City for certain original expenditures paid in connection with a specified
project.
i. Resolution approving and authorizing execution of an Amendment, Assignment and
Assumption Agreement between the University of Northern Iowa, University Book and
Supply Company, Inc. and the City of Cedar Falls relative to a ground lease agreement.
j. Resolution approving and adopting the recommendation of the Parks & Recreation
Commission relative to the FY19 Municipal Cemetery Fee Schedule.
k. Resolution approving and authorizing execution of a Lease relative to property vacated by
the 2008 flood buyout programs.
l. Resolution approving the completion and accepting the work of WHKS & Co., and
authorizing final payment relative to a Professional Service Agreement for the Sanitary
Sewer Inflow/Infiltration Control Project, Phase I.
m. Resolution approving and accepting the low bid of Peterson Contractors, Inc., in the amount
of $4,676,551.93, for the 2018 Street Construction Project.
n. Resolution approving and accepting a Temporary Easement, in conjunction with the 2017
Levee/Floodwall System Improvements Project.
o. Resolution approving and authorizing submission of the Iowa Certified Local Government
(CLG) 2017 Annual Report of the Historic Preservation Commission to the State Historical
Society of Iowa.
p. Resolution approving a College Hill Neighborhood Overlay Zoning District site plan for
façade improvements at 917 West 23rd Street.
q. Resolution approving and authorizing execution of Agreement to Amend Restrictions in
Deed of Dedication of Northern Cedar Falls Industrial Park, Phase I Addition.
r. Resolution approving and authorizing execution of a Professional Service Agreement with
the Iowa Northland Regional Council of Governments (INRCOG) relative to the Community
Development Block Grant (CDBG) Program.
s. Resolution setting March 5, 2018 as the date of public hearing on the proposed plans,
specifications, form of contract & estimate of cost for the 2018 Sanitary Sewer Rehabilitation
Project.
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t. Resolution setting March 5, 2018 as the date of public hearing on a proposal to undertake a
public improvement project for the Campus Street Bridge Replacement University Branch of
Dry Run Creek Project and to authorize acquisition of private property for said project.
H. Allow Bills and Payroll.
I. City Council Referrals.
J. City Council Updates.
K. Executive Session to discuss Legal Matters per Iowa Code Section 21.5(1)(c) to discuss strategy with
counsel in matters that are presently in litigation or where litigation is imminent where its disclosure
would be likely to prejudice or disadvantage the position of the governmental body in that litigation.
L. Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to
City business.)
M. Adjournment.
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