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City Council Meeting

Regular Meeting

Cedar Falls, IA · July 16, 2018

AgendaPacketMinutes

Minutes

CITY HALL CEDAR FALLS, IOWA, JULY 16, 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 7:26 P.M. on the above date. Members present: Miller, deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Absent: None. 51958 - It was moved by Kruse and seconded by deBuhr that the minutes of the Regular Meeting of July 9, 2018 be approved as presented and ordered of record. Motion carried unanimously. 51859 - City Clerk Danielsen announced that Item I. Executive Session was being removed from the Agenda. 51960 - It was moved by Wieland and seconded by Green that the following items and recommendations on the Consent Calendar be received, filed and approved: Approve the recommendation of the Mayor relative to the reappointment of Michael Sulentic the Library Board of Trustees, term ending 06/30/2024. Receive and file the Committee of the Whole minutes of July 9, 2018 relative to the following items: (1) Library Board of Trustees Interview - Michael Sulentic. (2) Recycling Facility Update. (3) Floodplain Ordinance. (4) Bills & Payroll. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Accountant. Receive and file the plans, specifications, form of contract & estimate of cost for the 2018 Sidewalk Assessment Project, Zone 9. Approve the following applications for beer permits and liquor licenses: (1) Cypress Lounge, 209 A State Street, Class C liquor & outdoor service - renewal. (2) Prime Mart, 2323 Main Street, Class E liquor - adding Class C beer. (3) Community Main Street (FondoFest), 100 and 200 block of Main Street, Special Class C liquor & outdoor service - 5-day permit. Motion carried unanimously. 51961 - It was moved by Green and seconded by Darrah that the following resolutions be introduced and adopted: Resolution # 21,188, approving and authorizing execution of an Affiliate TV Agreement with Hawkeye Sports Properties, LLC relative to rights to broadcast -2- certain programs on Channel 15. Resolution #21,189, approving and authorizing execution of an Agreement in Support of the Beau's Beautiful Blessings, Inc. relative to an FY19 Community Betterment Grant. Resolution #21,190, approving and authorizing execution of an Agreement in Support of the Cedar Falls Historical Society relative to an FY19 Community Betterment Grant. Resolution #21,191, approving and authorizing execution of an Agreement in Support of the Cedar Falls College Hills Partnership relative to an FY19 Community Betterment Grant. Resolution #21,192, approving and authorizing execution of an Agreement in Support of the Eagle View Partners (on behalf of River Place Plaza) relative to an FY19 Community Betterment Grant. Resolution #21,193, approving and authorizing execution of an Agreement in Support of the George Wyth State Park, Iowa Department of Natural Resources, relative to an FY19 Community Betterment Grant. Resolution #21,194, approving and authorizing execution of an Agreement in Support of the North Cedar Neighborhood Association relative to an FY19 Community Betterment Grant. Resolution #21,195, approving and authorizing execution of an Agreement in Support of the Volunteer Center of the Cedar Valley relative to an FY19 Community Betterment Grant. Resolution #21,196, approving and authorizing execution of an Agreement in Support of the Waterloo-Cedar Falls Symphony Orchestra Association relative to an FY19 Community Betterment Grant. Resolution #21,197, approving and authorizing the expenditure of funds for the purchase of an automated side load body for a refuse vehicle from Kilburg Equipment. Resolution #21,198, approving and authorizing execution of a Professional Service Agreement with Foth Infrastructure & Environment, LLC for the Henry Property Traffic Impact Study Peer Review. Resolution #21,199, approving and authorizing execution of Amendment Number One to the Project Subaward Agreement with Iowa Homeland Security & Emergency Management Department relative to the Northern Cedar Falls Flood Buyout Program. Resolution #21,200, approving and authorizing execution of a Purchase Offer with Craig and Kathleen Olmstead, in conjunction with the Northern Cedar Falls Flood Buyout Program. -3- Resolution #21,201, setting August 6, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Sidewalk Assessment Project, Zone 9. Resolution #21,202, setting August 6, 2018 as the date of public hearing on the proposed rezoning from R-3, Multiple Unit Residential, to C-3, High Density Commercial, of property located at 1015 & 1021 West 22nd Street, and also on an associated amendment to the Schematic Land Use Map by changing the designation from High Density Residential to Neighborhood Commercial/Mixed Use. Resolution #21,203, setting August 6, 2018 as the date of public hearing on proposed amendments to Chapter 29, Zoning, and Chapter 27, Utilities, of the Code of Ordinances relative to the City's floodplain regulations. Resolution #21,204, setting August 6, 2018 as the date of public hearing on proposed amendments to the Zoning Agreement relative to conditions of the R-4 Residential Zoning District for property described as Lots 7 & 8 of Midway Business Park. 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 #21,188 through #21,204 duly passed and adopted. 51962 - It was moved by Darrah and seconded by deBuhr that Resolution #21,205 approving and authorizing execution of an Agreement in Support of the Cedar Falls Community Theatre, Inc. relative to an FY19 Community Betterment Grant, be adopted. Following a question by Councilmember Green and response by Tourism and Cultural Manager Manning, 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 #21,205 duly passed and adopted. 51963 - It was moved by Blanford and seconded by deBuhr that Resolution #21,206 approving and authorizing execution of an Agreement in Support of the Cedar Falls Woman's Club relative to an FY19 Community Betterment Grant, be adopted. Following a question by Councilmember Green and response by Tourism and Cultural Manager Manning, Mayor Brown and Finance and Business Operations 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 #21,206 duly passed and adopted. 51964 - It was moved by Miller and seconded by Wieland that Resolution #21,207 approving and authorizing execution of Supplemental Agreement No. 1 with Clapsaddle- Garber Associates, Inc. relative to the Center Street Recreational Trail Project, be adopted. Following a question by Councilmember Miller and response by City Engineer Resler, the Mayor put the question on the motion and upon call of the roll, -4- the following named Councilmembers voted. Aye: Miller, deBuhr, Kruse, Blanford, Darrah, Wieland, Green. Nay: None. Motion Carried. The Mayor then declared Resolution #21,207 duly passed and adopted. 51965 - It was moved by Darrah and seconded by Miller that Resolution #21,208 approving and accepting a Lien Notice and Special Promissory Note for property located at 1122 Clay Street relative to the Rental to Single Family Owner Conversion Incentive Program, be adopted. Following a brief explanation of the program by Councilmember Darrah and clarification by City Administrator Gaines, 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 #21,208 duly passed and adopted. 51966 - It was moved by Darrah and seconded by Wieland that Resolution #21,209 approving and authorizing execution of Supplemental Agreement No. 1 with Riverwise Engineering, LLC relative to the Cedar River Recreational Improvement Project, be adopted. Community Development Director Sheetz, City Administrator Gaines and Finance and Business Operations Director Rodenbeck responded to questions and comments by Councilmembers Blanford, Miller, Wieland, Darrah and Kruse. The Mayor then 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 #21,209 duly passed and adopted. 51967 - It was moved by Miller and seconded by Darrah that Ordinance #2928 amending Chapter 6, Animals, of the Code of Ordinances relative to butchering and disposal of dead animals, 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. 51968 - It was moved by Darrah and seconded by Miller that the bills 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. 51969 - Municipal Operations and Programs Director Ripplinger provided an update on the pickle ball courts, BLAST Swim Club Meet and attendance at the Cedar Falls Aquatic Center, Clay Street Park shelter, monument sign at Veteran’s Memorial Park, new baskets at the Disc Golf course, Iowa State Trap Shooting event and attendance, and the Shrine Bowl Parade and football game. Director Ripplinger then responded to questions by Councilmembers Darrah and Wieland. Mayor Brown announced that community volunteer Sid Morris was voted the August 17th “Iowan of the Day” for the Iowa State Fair. 51970 - It was moved by Wieland and seconded by Kruse that the meeting be adjourned at 7:59 P.M. Motion carried unanimously. -5- _______________________________ Jacqueline Danielsen, MMC, City Clerk

Agenda

1 of 3 AGENDA CITY OF CEDAR FALLS, IOWA REGULAR MEETING, CITY COUNCIL MONDAY, JULY 16, 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 July 9, 2018. D. Agenda Revisions. E. 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. Approve the recommendation of the Mayor relative to the reappointment of Michael Sulentic to the Library Board of Trustees, term ending 06/30/2024. b. Receive and file the Committee of the Whole minutes of July 9, 2018 relative to the following items: (1) Library Board of Trustees Interview - Michael Sulentic. (2) Recycling Facility Update. (3) Floodplain Ordinance. (4) Bills & Payroll. c. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Accountant. d. Receive and file the plans, specifications, form of contract & estimate of cost for the 2018 Sidewalk Assessment Project, Zone 9. e. Approve the following applications for beer permits and liquor licenses: (1) Cypress Lounge, 209 A State Street, Class C liquor & outdoor service - renewal. (2) Prime Mart, 2323 Main Street, Class E liquor - adding Class C beer. (3) Community Main Street (FondoFest), 100 and 200 block of Main Street, Special Class C liquor & outdoor service - 5-day permit. 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 approving and authorizing execution of an Affiliate TV Agreement with Hawkeye Sports Properties, LLC relative to rights to broadcast certain programs on Channel 15. b. Resolution approving and authorizing execution of an Agreement in Support of the Beau's 2 of 3 Beautiful Blessings, Inc. relative to an FY19 Community Betterment Grant. c. Resolution approving and authorizing execution of an Agreement in Support of the Cedar Falls Community Theatre, Inc. relative to an FY19 Community Betterment Grant. d. Resolution approving and authorizing execution of an Agreement in Support of the Cedar Falls Historical Society relative to an FY19 Community Betterment Grant. e. Resolution approving and authorizing execution of an Agreement in Support of the Cedar Falls Woman's Club relative to an FY19 Community Betterment Grant. f. Resolution approving and authorizing execution of an Agreement in Support of the Cedar Falls College Hills Partnership relative to an FY19 Community Betterment Grant. g. Resolution approving and authorizing execution of an Agreement in Support of the Eagle View Partners (on behalf of River Place Plaza) relative to an FY19 Community Betterment Grant. h. Resolution approving and authorizing execution of an Agreement in Support of the George Wyth State Park, Iowa Department of Natural Resources, relative to an FY19 Community Betterment Grant. i. Resolution approving and authorizing execution of an Agreement in Support of the North Cedar Neighborhood Association relative to an FY19 Community Betterment Grant. j. Resolution approving and authorizing execution of an Agreement in Support of the Volunteer Center of the Cedar Valley relative to an FY19 Community Betterment Grant. k. Resolution approving and authorizing execution of an Agreement in Support of the Waterloo- Cedar Falls Symphony Orchestra Association relative to an FY19 Community Betterment Grant. l. Resolution approving and authorizing the expenditure of funds for the purchase of an automated side load body for a refuse vehicle from Kilburg Equipment. m. Resolution approving and authorizing execution of a Professional Service Agreement with Foth Infrastructure & Environment, LLC for the Henry Property Traffic Impact Study Peer Review. n. Resolution approving and authorizing execution of Supplemental Agreement No. 1 with Clapsaddle-Garber Associates, Inc. relative to the Center Street Recreational Trail Project. o. Resolution approving and authorizing execution of Amendment Number One to the Project Subaward Agreement with Iowa Homeland Security & Emergency Management Department relative to the Northern Cedar Falls Flood Buyout Program. p. Resolution approving and authorizing execution of a Purchase Offer with Craig and Kathleen Olmstead, in conjunction with the Northern Cedar Falls Flood Buyout Program. (Contingent upon approval of Item E-2.o.) q. Resolution approving and accepting a Lien Notice and Special Promissory Note for property located at 1122 Clay Street relative to the Rental to Single Family Owner Conversion Incentive Program. r. Resolution approving and authorizing execution of Supplemental Agreement No. 1 with Riverwise Engineering, LLC relative to the Cedar River Recreational Improvement Project. 3 of 3 s. Resolution setting August 6, 2018 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2018 Sidewalk Assessment Project, Zone 9. t. Resolution setting August 6, 2018 as the date of public hearing on the proposed rezoning from R-3, Multiple Unit Residential, to C-3, High Density Commercial, of property located at 1015 & 1021 West 22nd Street, and also on an associated amendment to the Schematic Land Use Map by changing the designation from High Density Residential to Neighborhood Commercial/Mixed Use. u. Resolution setting August 6, 2018 as the date of public hearing on proposed amendments to Chapter 29, Zoning, and Chapter 27, Utilities, of the Code of Ordinances relative to the City's floodplain regulations. v. Resolution setting August 6, 2018 as the date of public hearing on proposed amendments to the Zoning Agreement relative to conditions of the R-4 Residential Zoning District for property described as Lots 7 & 8 of Midway Business Park. 3. Pass an ordinance amending Chapter 6, Animals, of the Code of Ordinances relative to butchering and disposal of dead animals, upon its first consideration. F. Allow Bills. G. City Council Referrals. H. City Council Updates. I. 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, following Public Forum. J. Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.) K. Adjournment.

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