City Council Meeting

CITY HALL CEDAR FALLS, IOWA, MAY 21, 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. 51902 - It was moved by Kruse and seconded by Wieland that the minutes of the Regular Meeting of May 7, 2018 be approved as presented and ordered of record. Motion carried unanimously. The Mayor then recognized his daughter’s 18th birthday. 51903 - City Clerk Danielsen announced a revision to the FY19 Fee Schedule, Item G-2(d), noting a correction on page 4. 51904 - Mayor Brown announced the continuation of the public hearing on a proposed plan for the proposed South Cedar Falls Urban Renewal Area. Planner II Graham provided a brief summary of proposal. Jim Skaine, 2215 Clay Street, expressed concerns and Greater Cedar Valley Alliance and Chamber representative Lisa Skubal, commended Council and expressed support. There being no one else present to speak either for or against the proposed plan, the Mayor declared the hearing closed and passed to the next order of business. 51905 - It was moved by Blanford and seconded by Wieland that Resolution #21,109, 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 the South Cedar Falls Urban Renewal Plan, be adopted. Following questions by Councilmember Green and responses from Planner II Graham, 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 #21,109 duly passed and adopted. 51906 - It was moved by Wieland and seconded by Kruse that Ordinance #2926, providing that general property taxes levied and collected each year on all property located within the South Cedar Falls Urban Renewal Area in the City of Cedar Falls, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Cedar 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 South Cedar Falls Urban Renewal Area, 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:  -2- Miller, deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Nay: None. Motion carried. 51907 - 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 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 second 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. 51908 - It was moved by Kruse and seconded by deBuhr that Ordinance #2924, amending Chapter 27, Utilities, of the Code of Ordinances, relative to sanitary sewer rates, be passed upon its second 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. 51909 - It was moved by Kruse 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 second 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. 51910 - It was moved by Miller and seconded by Kruse that the following items and recommendations on the Consent Calendar be received, filed and approved: Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: (1) Katy Susong, Board of Appeals, indefinite term. (2) Phyllis Carter, Community Center & Senior Services Board, term ending 06/30/2021. (3) Betty Danielson, Community Center & Senior Services Board, term ending 06/30/2021. (4) Clare Struck, Parks & Recreation Commission, term ending 06/30/2021. (5) Mary Carlson, Visitors & Tourism Board, term ending 07/01/2021. (6) Annie Gougler, Visitors & Tourism Board, term ending 07/01/2021. (7) Leslie Prideaux, Visitors & Tourism Board, term ending 07/01/2021. Receive and file the Committee of the Whole minutes of May 7, 2018 relative to the following items: (1) Public Safety Awards. (2) University Avenue Update.  -3- (3) Bills & Payroll. Receive and file the bids received for the Center Street Recreational Trail Project. Approve the following special event related requests: (1) Street closure, College Street, June 7, 2018 (with an alternate date of June 14, 2018). (2) Street closure, East 10th Street, June 8, 2018. (3) Parking variances, College Hill Arts Festival, June 15-16, 2018. (4) Street closures & parking variances, Gran Fondo Cedar Valley Bike Ride & FondoFest, August 18, 2018. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: (1) B & B West, 3105 Hudson Road. (2) Casey's General Store, 2425 Center Street. (3) Casey's General Store, 5226 University Avenue. (4) Casey's General Store, 5908 Nordic Drive. (5) Casey's General Store, 601 Main Street. (6) Casey's General Store, 1225 Fountains Way. (7) Electric Underground, 5901 University Avenue. (8) Prime Mart, 2728 Center Street. (9) Thunder Ridge Ampride, 2425 Whitetail Drive. (10) Walgreens, 2509 Whitetail Drive. Approve the following applications for liquor licenses: (1) Carlos O'Kelly's Mexican Café, 6507 University Avenue, Class C liquor & outdoor service - renewal. (2) Harry's Five and Dime, 123 Main Street, Class C liquor - renewal. (3) Montage, 222-224 Main Street, Class C liquor, Class B wine & outdoor service - renewal. (4) Old Chicago Pizza and Taproom, College Square Mall, Class C liquor & outdoor service - renewal. (5) The Other Place, 2214 College Street, Class C liquor - renewal. (6) Hy-Vee Food Store, 6301 University Avenue, Class E liquor. Motion carried unanimously. 51911 - It was moved by Kruse and seconded by Darrah to receive and file the plans, specifications, form of contract & estimate of cost for the 2018 Public Sidewalk & Pedestrian Trail Improvement Project. Following comments by Jim Skaine, 2215 Clay Street, the motion carried unanimously. 51912 - It was moved by Kruse and seconded by Green that the following resolutions be introduced and adopted: Resolution #21,110, rescheduling the date of the regularly scheduled Cedar Falls City Council meeting of July 2, 2018 to July 9, 2018. Resolution #21,111, approving and authorizing execution of a Lease Agreement with the Cedar Falls Historical Society relative to the Behrens/Rapp Gas Station.  -4- Resolution #21,112, approving and authorizing execution of a Lease Agreement with the Cedar Falls Historical Society relative to the Bennington Township Schoolhouse. Resolution #21,113, approving and accepting the low bid of K. Cunningham Construction Company, Inc., in the amount of $457,535.03, for the Center Street Recreational Trail Project. Resolution #21,114, approving and accepting the contract and bond of Peterson Contractors, Inc. for the Campus Street Box Culvert Project. Resolution #21,115, approving and accepting the contract and bond of Benton's Sand & Gravel, Inc. for the 2018 Permeable Alley Project. Resolution #21,116, approving and accepting the low bid, and approving and authorizing execution of two Rehabilitation Contracts with Kirvan Enterprises LLC, relative to Community Development Block Grant (CDBG) housing rehabilitation projects. Resolution #21,117, approving and authorizing execution of a Subcontract for Consulting Services with Tallgrass Archaeology LLC relative to a Certified Local Government Grant to prepare a nomination for the Wild Historic District to the National Register of Historic Places. Resolution #21,118, approving the River Place 3rd Addition Lot 4 Minor Plat. Resolution #21,119, approving and authorizing execution of a Surface Transportation Block Grant (STBG) Programming Agreement with Black Hawk County Metropolitan Planning Organization (MPO) relative to the reconstruction of Cedar Heights Drive. Resolution #21,120, approving an amendment to the preliminary plat and phasing plan for The Arbors. Resolution #21,121, approving and authorizing execution of a Keep Vacant Agreement for property located at 714 West 1st Street, in conjunction with the West 1st Street Reconstruction Project. Resolution #21,122, approving and authorizing execution of a Keep Vacant Agreement for property located at 810 West 1st Street, in conjunction with the West 1st Street Reconstruction Project. Resolution #21,123, of support for Community Main Street, Inc. and approving and authorizing execution of a Main Street Iowa Program Agreement with the Iowa Economic Development Authority and Community Main Street, Inc. 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.  -5- The Mayor then declared Resolutions #21,110 through #21,123 duly passed and adopted. 51913 - It was moved by Miller and seconded by Kruse that Resolution #21,124, approving and adopting the City's FY19 Budget Appropriations, 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 #21,124 duly passed and adopted. 51914 - It was moved by Blanford and seconded by Miller that Resolution #21,125, approving and adopting the City's FY19 Payroll Resolution, 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 #21,125 duly passed and adopted. 51915 - It was moved by Darrah and seconded by Kruse that Resolution #21,126, approving and adopting the City's FY19 Fee Schedule, be adopted. It was then moved by Green and seconded by Miller that the motion be amended to waive barricade fees for neighborhood associations and street meetings. Following questions and comments by Councilmembers Kruse, Blanford, Green, Darrah and Miller, and responses by Public Safety Services Director Olson and Finance & Business Operations Director Rodenbeck, the motion to amend was withdrawn by Councilmember Green. It was then moved by Green that the original motion be amended to include staff discounted Wellness rates. Following a question by Councilmember Miller and response from Finance & Business Operations Director Rodenbeck, the motion to amend failed due to lack of a second. The Mayor then put the question on the original 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 #21,126 duly passed and adopted. 51916 - It was moved by Darrah and seconded by Wieland that Resolution #21,127, approving and authorizing execution of a Surface Transportation Block Grant (STBG) Programming Agreement with Black Hawk County Metropolitan Planning Organization (MPO) relative to the reconstruction of the Union Road recreational trail, be adopted. Following questions by Councilmembers Green and Miller, and responses by Planner III Sturch and Community Development Director Sheetz, 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 #21,127 duly passed and adopted. 51917 - It was moved by Blanford and seconded by Darrah that Resolution #21,128, approving and authorizing execution of a Second Amendment to Agreement for  -6- Private Development with River Place Properties LC relative to the River Place Development 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 #21,128 duly passed and adopted. 51918 - It was moved by Kruse and seconded by deBuhr that Resolution #21,129, setting June 4, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Public Sidewalk & Pedestrian Trail 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 #21,129 duly passed and adopted. 51919 - It was moved by Darrah and seconded by Miller that Ordinance #2927, amending Chapter 26, Traffic and Motor Vehicles, of the Code of Ordinances relative to establishing a 35 miles per hour speed limit on Greenhill Road from Hudson Road to West 27th Street, 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. 51920 - It was moved by Blanford 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. 51921 - It was moved by Wieland and seconded by Darrah that the meeting be adjourned at 7:37 P.M. Motion carried unanimously. _______________________________ Jacqueline Danielsen, MMC, City Clerk