City Council Meeting

CITY HALL CEDAR FALLS, IOWA, MAY 7, 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 (present at 7:01 P.M.), Green. Absent: None. 51845 - It was moved by Kruse and seconded by Miller that the minutes of the Regular Meeting of April 16, 2018 be approved as presented and ordered of record. Motion carried unanimously. The Mayor then read a proclamation declaring May 12, 2018 as Letter Carriers’ Food Drive Day and Postal Service Representative Olivia Balick present. 51846 - City Clerk Danielsen announced that Item K. Executive Session was being removed from the Agenda. 51847 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on proposed plans, specifications, form of contract & estimate of cost for the Center Street Recreational Trail Project. It was then moved by Darrah and seconded by Green that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51848 - The Mayor then asked if there were any written objections filed to the proposed plans, etc. Upon being advised that there was one written comment on file, the Mayor then called for oral comments. City Engineer Resler and Chair of Bicycle and Pedestrian Advisory Committee Roger White, 2303 Greenwood Avenue, commented briefly on the project. There being no one else present wishing to speak either for or against the proposed plans, etc., the Mayor declared the hearing closed and passed to the next order of business. 51849 - It was moved by Green and seconded by Miller that Resolution #21,075, approving and adopting the plans, specifications, form of contract & estimate of cost for the Center Street Recreational Trail Project, be adopted. Following a question by Councilmember Darrah and response from City Engineer Resler, 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 #21,075 duly passed and adopted. 51850 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on the proposed Agreement for Private Development and conveyance of certain city-owned real estate to CRMS, L.L.C. It was then moved by Wieland and seconded by Blanford that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously.  -2- 51851 - The Mayor then asked if there were any written objections filed to the proposed agreement and conveyance. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Planner II Graham commented briefly on the proposal. Planner II Graham and Community Development Director Sheetz responded to questions by Jim Skaine, 2215 Clay Street. There being no one else present wishing to speak either for or against the proposed agreement and conveyance, the Mayor declared the hearing closed and passed to the next order of business. 51852 - It was moved by Wieland and seconded by Miller that Resolution #21,076, approving and authorizing execution of an Agreement for Private Development and a Minimum Assessment Agreement with CRMS, L.L.C., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to CRMS, L.L.C., 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 #21,076 duly passed and adopted. 51853 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on a proposed Agreement for Private Development and conveyance of certain city-owned real estate to FN Investors, L.L.C. It was then moved by Darrah and seconded by Blanford that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51854 - The Mayor then asked if there were any written objections filed to the proposed agreement and conveyance. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Planner II Graham provided a brief explanation on the proposal and Jim Skaine, 2215 Clay Street, commented. There being no one else present wishing to speak either for or against the proposed agreement and conveyance, the Mayor declared the hearing closed and passed to the next order of business. 51855 - It was moved by Blanford and seconded by Kruse that Resolution #21,077, approving and authorizing execution of an Agreement for Private Development and a Minimum Assessment Agreement with FN Investors, L.L.C., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to FN Investors, L.L.C., 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 #21,077 duly passed and adopted. 51856 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on a proposed Agreement for Private Development and conveyance of certain city-owned real estate to Schuerman Construction, Inc. It was then moved by Miller and seconded by Kruse  -3- that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51857 - The Mayor then asked if there were any written objections filed to the proposed agreement and conveyance. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Planner II Graham provided a brief explanation on the proposal and Jim Skaine, 2215 Clay Street, commented briefly. There being no one else present wishing to speak either for or against the proposed agreement and conveyance, the Mayor declared the hearing closed and passed to the next order of business. 51858 - It was moved by Miller and seconded by Kruse that Resolution #21,078, approving and authorizing execution of an Agreement for Private Development and a Minimum Assessment Agreement with Schuerman Construction, Inc., and approving and authorizing execution of a Quit Claim Deed conveying title to certain real estate to Schuerman Construction, Inc., 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 #21,078 duly passed and adopted. 51859 - Mayor Brown announced that in accordance with the public notice of April 26, 2018, this was the time and place for a public hearing on a proposed Amendment No. 4 to the Cedar Falls Unified Highway 58 Corridor Urban Renewal Plan. It was then moved by Green and seconded by Darrah that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51860 - The Mayor then asked if there were any written objections filed to the proposed amendment. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Planner II Graham provided a brief explanation of the amendment. There being no one else present wishing to speak either for or against the proposed amendment, the Mayor declared the hearing closed and passed to the next order of business. 51861 - It was moved by Kruse and seconded by Darrah that Resolution #21,079, determining an area of the City to be an economic development area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for urban renewal projects; and adopting Amendment No. 4 to the Cedar Falls Unified Highway 58 Corridor Urban Renewal Plan, 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 #21,079 duly passed and adopted. 51862 - It was moved by Blanford and seconded by Kruse that Ordinance #2923, providing that general property taxes levied and collected each year on all property located within the amended Cedar Falls Unified Highway 58 Corridor Urban Renewal Area, in the City of Cedar Falls, by and for the benefit of the State of Iowa, City of Cedar  -4- Falls, County of Black Hawk, Cedar Falls Community School District, Hudson Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by the city in connection with the amended Cedar Falls Unified Highway 58 Corridor Urban Renewal Area (Amendment No. 4 to the Cedar Falls Unified Highway 58 Corridor Urban Renewal Plan), be passed upon its first consideration. 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. 51863 - Mayor Brown announced that in accordance with the public notice of April 26, 2018, this was the time and place for a public hearing on a proposed plan for the proposed South Cedar Falls Urban Renewal Area. It was then moved by Green and seconded by Miller that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51864 - The Mayor then asked if there were any written objections filed to the proposed plan. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Planner II Graham provided a brief explanation of the proposed plan and requested that the hearing be continued to the next meeting. Jim Skaine, 2215 Clay Street, and Larry Wyckoff, 4241 Eastpark Road, commented. There being no one else present wishing to speak either for or against the proposed plan, the Mayor announced continuation of the hearing to next City Council meeting on May 21, 2018 and noted that consideration and action on the related resolution and ordinance would be deferred until that time. 51865 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on proposed amendments to the City’s FY18 Budget. It was then moved by Darrah and seconded by Kruse that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51866 - The Mayor then asked if there were any written objections filed to the proposed budget amendments. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Controller/City Treasurer Roeding provided a brief explanation of the amendments and Jim Skaine, 2215 Clay Street, commented. There being no one else present wishing to speak either for or against the proposed amendments, the Mayor declared the hearing closed and passed to the next order of business. 51867 - It was moved by Wieland and seconded by Blanford that Resolution #21,080, approving and adopting amendments to the City’s FY18 Budget, be adopted. Following a comment by Councilmember Kruse, 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 #21,080 duly passed and adopted. 51868 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on proposed issuance of not to  -5- exceed $5,800,000.00 General Obligation Bonds (for Essential Corporate Purposes). It was then moved by Green and seconded by Miller that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51869 - The Mayor then asked if there were any written objections filed to the proposed issuance of bonds. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. Finance & Business Operations Director Rodenbeck provided a brief explanation of the bond sale process and projects being funded, and Jim Skaine, 2215 Clay Street, commented. There being no one else present wishing to speak either for or against the proposed issuance of bonds, the Mayor declared the hearing closed and passed to the next order of business. 51870 - It was moved by Kruse and seconded by Wieland that Resolution #21,081, instituting proceedings to take additional action for the issuance of not to exceed $5,800,000.00 General Obligation Bonds (for Essential Corporate Purposes), be adopted. Following questions by Councilmembers Green and Darrah, and responses by Director Rodenbeck, 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 #21,081 duly passed and adopted. 51871 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on the proposed issuance of not to exceed $550,000.00 General Obligation Bonds (for a General Corporate Purpose). It was then moved by Darrah and seconded by Kruse that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51872 - The Mayor then asked if there were any written objections filed to the proposed issuance of bonds. Upon being advised that there were no written objections on file, the Mayor then called for oral comments. There being no one else present wishing to speak either for or against the proposed issuance of bonds, the Mayor declared the hearing closed and passed to the next order of business. 51873 - It was moved by Kruse and seconded by Blanford that Resolution #21,082, instituting proceedings to take additional action for the issuance of not to exceed $550,000.00 General Obligation Bonds (for a General Corporate Purpose), 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 #21,082 duly passed and adopted. 51874 - Mayor Brown announced that in accordance with the public notice of April 20, 2018, this was the time and place for a public hearing on the proposed issuance of not to exceed $350,000.00 General Obligation Bonds (for General Corporate Purposes). It was then moved by Darrah and seconded by Kruse that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 51875 - The Mayor then asked if there were any written objections filed to the proposed issuance of bonds. Upon being advised that there were no written objections on file,  -6- the Mayor then called for oral comments. Finance & Business Operations Director Rodenbeck responded to a question by Larry Wyckoff, 4241 Eastpark Road. There being no one else present wishing to speak either for or against the proposed issuance of bonds, the Mayor declared the hearing closed and passed to the next order of business. 51876 - It was moved by Darrah and seconded by deBuhr that Resolution #21,083, instituting proceedings to take additional action for the issuance of not to exceed $350,000.00 General Obligation Bonds (for General Corporate Purposes), 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 #21,083 duly passed and adopted. 51877 - It was moved by Wieland and seconded by Darrah that Ordinance #2922, amending Chapter 29, Zoning, of the Code of Ordinances relative to removal of familial terminology to be in conformance with the Code of Iowa, 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, Darrah, Wieland, Green. Nay: Kruse, Blanford. Motion carried. The Mayor then declared Ordinance #2922 duly passed and adopted. 51878 - It was moved by Blanford and seconded by Kruse that the following items and recommendations on the Consent Calendar be received, filed and approved: Approve the recommendation of the Mayor relative to the appointment of Jacob Madden as Student Liaison, term ending 04/30/2019. Approve a request for a temporary variance from Section 7-415 of the Code of Ordinances, Moving of certain buildings prohibited; safety of route, to allow a building exceeding 34 feet to be moved from 10 East Main Street to 310 East 4th Street. Approve a request for temporary signs for the College Hill Arts Festival, June 12-17, 2018. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: (1) Fareway Stores, 214 North Magnolia Drive. (2) Happy's Wine & Spirits, 5925 University Avenue. (3) Hy-Vee Food Store, 6301 University Avenue. (4) Hy-Vee Gas, 6527 University Avenue. (5) King Star, 2228 Lincoln Street. (6) Metro Mart, 103 Franklin Street. (7) Music Station, 1420 West 1st Street. (8) Prime Mart, 2323 Main Street. (9) The Landmark, 107 Main Street. (10) Wal-Mart, 525 Brandilynn Boulevard. Approve the following applications for beer permits and liquor licenses: (1) Tobacco Outlet Plus, 4116 University Avenue, Class C beer - renewal.  -7- (2) Hy-Vee Clubroom, 6301 University Avenue, Special Class C liquor - renewal. (3) Berk's Main Street Pub, 207 Main Street, Class C liquor - renewal. (4) Suds & Suds Circle Pizza, 2223 1/2 College Street, Class C liquor & outdoor service - renewal. (5) Sturgis Falls Celebration, Island Park Beach House, Class B beer & outdoor service - 5-day permit. (6) Sturgis Falls Celebration, Gateway Park, Special Class C liquor & outdoor service - 5-day permit. Motion carried unanimously. 51879 - It was moved by Miller and seconded by Wieland to receive and file the Committee of the Whole minutes of April 16, 2018 relative to the following items: (1) Sewer Rate Study. (2) Stormwater Rate Study. (3) Highway 58/Viking Road Update. (4) Bills & Payroll. Following comments by Jim Skaine, 2215 Clay Street, and Councilmember Wieland, the motion carried unanimously. 51880 - It was moved by Darrah and seconded by Green to receive and file the City Council Work Session minutes of April 30, 2018. Following questions by Jim Skaine, 2215 Clay Street, and response by Councilmembers Wieland and Green, the motion carried unanimously. 51881 - It was moved by Miller and seconded by Kruse to receive and file the City Council Goal Setting Report of November 13, 2017 and November 15, 2017, and Organizational Effectiveness Report of March 26, 2018. Following a comment by Jim Skaine, 2215 Clay Street, the motion carried unanimously. 51882 - It was moved by deBuhr and seconded by Blanford to receive and file Departmental Monthly Reports of March 2018. Motion carried unanimously. 51883 - It was moved by Blanford and seconded by Kruse to receive and file the Bi-Annual Report of College Hill Partnership relative to FY18 Self-Supported Municipal Improvement District (SSMID) Funds and an FY18 Economic Development Grant. Following a question by Jim Skaine, 2215 Clay Street, and response by Finance & Business Operations Director Rodenbeck, the motion carried unanimously. 51884 - It was moved by Darrah and seconded by Blanford to receive and file the FY18 Report of Mill Race Center for Entrepreneurship and Innovation relative to an FY18 Economic Development Grant. Motion carried unanimously. 51885 - It was moved by Miller and seconded by Blanford to receive and file the bids received for the 2018 Permeable Alley Project. Following questions by Jim Skaine, 2215 Clay Street, and Councilmembers Miller and Green, and responses by City Engineer Resler, the motion carried unanimously. 51886 - It was moved by Blanford and seconded by Miller to receive and file the bids  -8- received for the Campus Street Box Culvert Project. Motion carried unanimously. 51887 - It was moved by Kruse and seconded by Blanford that the following resolutions be introduced and adopted: Resolution #21,084, approving and authorizing the purchase of a wide area mower from Deike Implement. Resolution #21,085, approving and authorizing execution of a Contract with Laser Line Striping relative to 2018 pavement marking services. Resolution #21,086, approving and authorizing expenditure of funds for repair and replacement of the influent pump station electrical system at the Water Reclamation Facility. Resolution #21,087, approving the Certificate of Completion and accepting the work of Municipal Pipe Tool Company, LLC for the 2016 Sanitary Sewer Rehabilitation Project. Resolution #21,088, approving and authorizing execution of two Easement Contracts, and approving and accepting two Permanent Easements and three Temporary Easements, in conjunction with the Campus Street Box Culvert Project. Resolution #21,089, approving and accepting a Permanent Utility Easement, in conjunction with the Highway 58 & Viking Road Project. Resolution #21,090, approving the Certificate of Completion and accepting the work of Mike Dolan Concrete & Masonry, Inc. for the 2015 Public Sidewalk Repair, Pedestrian Ramp and Patching Project. Resolution #21,091, approving and accepting completion of public improvements in Wild Horse Third Addition. Resolution #21,092, approving and authorizing execution of Supplemental Agreement No. 6 with AECOM Technical Services, Inc. relative to the Downtown Levee Improvements Project. Resolution #21,093, approving and authorizing execution of a Maintenance and Repair Agreement with Hawkeye Hotels, Inc. relative to a post-construction stormwater management plan for property located at the northwest intersection of South Main Street and West 1st Street. Resolution #21,094, approving and authorizing execution of a Maintenance and Repair Agreement with Buckeye Corrugated, Inc. relative to a post-construction stormwater management plan for 2900 Capital Way. Resolution #21,095, approving and accepting the low bid of Peterson Contractors, Inc., in the amount of $317,558.60, for the Campus Street Box Culvert Project. Resolution #21,096, approving and authorizing execution of a lease with Community  -9- Main Street Inc. relative to relocating an office building for Community Main Street. Resolution #21,097, approving a College Hill Neighborhood Overlay Zoning District site plan for a detached garage and driveway improvements at 1926 Tremont Street. Resolution #21,098, approving the preliminary plat of River Place 4th Addition. Resolution #21,099, approving the final plat of River Place 4th Addition. Resolution #21,100, approving and authorizing submission of a High Quality Jobs Program Business Financial Assistance Application to the Iowa Economic Development Authority on behalf of Baird Mounting Systems/Threads. 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 #21,084 through #21,100 duly passed and adopted. 51888 - It was moved by Darrah and seconded by Wieland that Resolution #21,101, approving and adopting the FY19 City Council Goals & Objectives, be adopted. Following a comment by Jim Skaine, 2215 Clay Street, 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 #21,101 duly passed and adopted. 51889 - It was moved by Miller and seconded by Kruse that Resolution #21,102, approving and authorizing execution of a Notice of Termination and a 28E Agreement for Cooperative Operation of the Island Park Beach House with the North Shore Boat Club, be adopted. Following a question by Jim Skaine, 2215 Clay Street, and comments by Councilmember Miller and Municipal Operations and Programs Director Ripplinger, 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 #21,102 duly passed and adopted. 51890 - It was moved by Darrah and seconded by Green that Resolution #21,103, approving and authorizing an Agreement for Beverage and Vending Services with Atlantic Bottling Company relative to providing beverages at recreational facilities, 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 #21,103 duly passed and adopted. 51891 - It was moved by Miller and seconded by deBuhr that Resolution #21,104, approving and accepting nineteen Warranty Deeds and nineteen Temporary Easements, in conjunction with the Center Street Recreational Trail Project, 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,  - 10 - deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Nay: None. Motion Carried. The Mayor then declared Resolution #21,104 duly passed and adopted. 51892 - It was moved by Kruse and seconded by Green that Resolution #21,105, approving and authorizing execution and delivery of Quit Claim Deeds conveying title to certain vacated right-of-way to Geisler Rentals, LLC and Aaron & Jolene Carolan, in conjunction with completion of the Dry Run Creek Watershed Improvement Project, 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 #21,105 duly passed and adopted. 51893 - It was moved by Darrah and seconded by Blanford that Resolution #21,106, approving and accepting the low bid of Benton's Sand & Gravel, Inc., in the amount of $67,418.73, for the 2018 Permeable Alley Project, be adopted. Following a question by Jim Skaine, 2215 Clay Street, 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 #21,106 duly passed and adopted. 51894 - It was moved by Miller and seconded by Blanford that Resolution #21,107, approving and authorizing execution of a Professional Service Agreement with Snyder & Associates, Inc. relative to the Greenhill Road Traffic Study, be adopted. Following a question by Councilmember deBuhr, response by City Engineer Resler and comment by Jim Skaine, 2215 Clay Street, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, Kruse, Blanford, Darrah, Wieland, Green. Nay: deBuhr. Motion Carried. The Mayor then declared Resolution #21,107 duly passed and adopted. 51895 - It was moved by Darrah and seconded by Blanford that Resolution #21,108, approving an amendment to the Central Business District Overlay Zoning District site plan relative to an MU2 development in the 100 block of East 2nd Street, be adopted. Don Blough, 527 Jessica Lane, and Eagle View Partners Developer Mark Kittrell commented. Following questions and comments by Councilmembers deBuhr, Kruse and Miller, and responses by Community Services Manager Howard, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, deBuhr, Blanford, Darrah, Wieland, Green. Nay: Kruse. Motion Carried. The Mayor then declared Resolution #21,108 duly passed and adopted. 51896 - It was moved by Darrah and seconded by Miller that Ordinance #2924, amending Chapter 27, Utilities, of the Code of Ordinances, relative to sanitary sewer rates, be passed upon its first consideration. 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. 51897 - It was moved by Darrah and seconded by Green that Ordinance #2925, amending Chapter 27, Utilities, of the Code of Ordinances, relative to storm water management rates, be passed upon its first consideration. Following due  - 11 - 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. 51898 - It was moved by Blanford and seconded by Green 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. 51899 - Councilmember Blanford welcomed new University of Northern Iowa Student Liaison Jacob Madden. 51900 - Community Main Street Director Carol Lilly commented on the Strategic Planning Session and responded to a question by Councilmember Green. Community Development Director Sheetz responded to questions and concerns by Larry Wyckoff, 4241 Eastpark Road, relating to the Highway 58/Viking Road intersection and traffic congestion. Jim Skaine, 2215 Clay Street, expressed concerns about freedom of speech and the current form of government. David Haugebak, 2516 Ashland Avenue, expressed concerns with traffic congestion on Highway 58. 51901 - It was moved by Blanford and seconded by Green that the meeting be adjourned at 8:42 P.M. Motion carried unanimously. _______________________________ Jacqueline Danielsen, MMC, City Clerk