CITY HALL CEDAR FALLS, IOWA, NOVEMER 6, 2017 REGULAR MEETING, CITY COUNCIL MAYOR JAMES P. BROWN PRESIDING

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1 CITY HALL CEDAR FALLS, IOWA, NOVEMER 6, 2017 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, Runchey, Blanford, Darrah, Wieland, Taiber. Absent: None It was moved by debuhr and seconded by Darrah that the minutes of the Regular Meeting of October 16, 2017 be approved as presented and ordered of record. Motion carried unanimously. Mayor Brown read a proclamation declaring November 8, 2017 as Cedar Falls Downtown Historic District Day, and Cedar Falls Historical Society Representative Karen Smith commented. Mayor Brown read a proclamation declaring November 16, 2017 as World Pancreatic Cancer Day in the City of Cedar Falls and Cedar Falls Pancreatic Cancer Action Network Affiliate Chair Amy Jarden commented while Volunteer and Community Engagement Chair Jessica Soukup distributed wrist bands and ribbons City Clerk Danielsen announced that Item G-2.n. was being removed from the Agenda Public Safety Services Director Olson provided an introduction and Mayor Brown proceeded with the Administration of Oath to new Police Officer Preston Russell It was moved by Runchey and seconded by Miller that Ordinance #2912, amending Chapter 26, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking on portions of Amelia Drive, be passed upon its third and final consideration. The Mayor put the question on the motion and upon call of the roll, the Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Ordinance #2912 duly passed and adopted It was moved by Darrah and seconded by Blanford that Ordinance #2913, amending Chapter 4, Airport, of the Code of Ordinances relative to land use and height restrictions in the proximity of the Waterloo Regional Airport, be passed upon its second consideration. The Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland. Nay: Taiber. Motion carried It was moved by Wieland and seconded by Runchey that Ordinance #2914, amending Chapter 26, Traffic and Motor Vehicles, of the Code of Ordinances relative to prohibiting parking on portions of Stewart Lane, be passed upon its second consideration. Following comments by Community Development Director Sheetz, it was moved by Wieland and seconded by Runchey to table the original motion. Motion to table carried 6-1, with Taiber voting nay.

2 - 2 - It was then moved by Wieland and seconded by Runchey to refer this item to the Committee of the Whole for further discussion. Following comments by Councilmembers Wieland and Taiber, the motion to refer carried 6-1, with Taiber voting nay Mayor Brown announced that this was the time and place for consideration of a nuisance abatement plan regarding property located at 216 Iowa Street. It was then moved by Runchey and seconded by debuhr that Resolution #20,786, directing the Mayor to allow the owner(s) of record to abate the nuisance on the real estate located at 216 Iowa Street, by demolition or removal, on or before February 5, 2018, be adopted. City Planner III Sturch provided a brief explanation. Following questions by Councilmembers Blanford and Miller, and responses by Building Official Witry and City Attorney Rogers, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,786 duly passed and adopted It was moved by Darrah and seconded by Miller that the following items and recommendations on the Consent Calendar be received, filed and approved: Receive and file the resignation of Carolyn Martin as a member of the Community Center & Senior Services Board. Approve the recommendation of the Mayor relative to the appointment of Jayme Neiman to the Art & Culture Board, term ending 07/01/2021. Receive and file the Committee of the Whole minutes of October 16, 2017 relative to the following items: (1) Overman Park Neighborhood Association Presentation. (2) College Hill Partnership Presentation. (3) Community Main Street Presentation. (4) North Cedar Neighborhood Association Presentation. (5) Bicycle & Pedestrian Advisory Committee Presentation. (6) Review request for four-way stop at Center Street & Lone Tree Road. (7) University Avenue Reconstruction, Phase III Overview. (8) Bills & Payroll. Receive and file a communication from the Civil Service Commission relative to a certified list for the position of Equipment Operator. Receive and file Departmental Monthly Reports of September Receive and file the Bi-Annual Report of College Hill Partnership relative to FY18 Self-Supported Municipal Improvement District (SSMID) Funds & an FY18 Economic Development Grant. Receive and file the Bi-Annual Report of Community Main Street relative to FY18 Self-Supported Municipal Improvement District (SSMID) Funds & an FY18 Economic Development Grant. Approve the following special event related requests:

3 - 3 - (1) Street closure, Viking Road, November 23, (2) Street closures, Holiday Hoopla, November 24, (3) Street closures, Santa's Snow Shuffle, December 9, Approve the following applications for beer permits and liquor licenses: (1) Casey's General Store, 5908 Nordic Drive, Class C beer & Class B native wine - renewal. (2) Famous Dave's, 6222 University Avenue, Class C liquor - renewal. Motion carried unanimously It was moved by Miller and seconded by Runchey to approve and adopt action taken at the Committee of the Whole meeting of October 16, 2017 relative to review of a request for a four-way stop at Center Street & Lone Tree Road. Following questions by Jim Skaine, 2215 Clay Street, and responses by Community Development Director Sheetz, the motion carried unanimously It was moved by Darrah and seconded by Wieland to receive and file the plans, specifications, form of contract & estimate of cost for the Public Safety Facility. Following questions by Jim Skaine, 2215 Clay Street, and responses by Community Development Director Sheetz, the motion carried unanimously It was moved by Miller and seconded by Runchey to receive and file the plans, specifications, form of contract & estimate of cost for the University Avenue Reconstruction Project - Phase 3. Following questions by Jim Skaine, 2215 Clay Street, and responses by Community Development Director Sheetz, the motion carried unanimously It was moved by Miller and seconded by Runchey that the following resolutions be introduced and adopted: Resolution # 20,787, deleting the pay for an employee in the position of PT-Library Page at the Cedar Falls Public Library. Resolution #20,788, establishing the pay for a new employee hired in the position of PT-Housing & Block Grant Coordinator in the Planning & Community Services Division. Resolution #20,789, establishing the pay for a new employee hired in the position of PT-Senior Services Coordinator in the Visitors & Tourism/Cultural Programs Division. Resolution #20,790, adjusting the pay for an employee in the position of Information Systems Manager in Finance & Business Operations. Resolution #20,791, establishing the pay for an employee reclassified to the position of PT-Housing Program Specialist in the Planning & Community Services Division. Resolution #20,792, establishing the pay for an employee reclassified to the position of GIS Analyst in the Information Systems Division.

4 - 4 - Resolution #20,793, establishing the pay for an employee reclassified to the position of PT-Fitness Instructor in the Recreation & Community Programs Division. Resolution #20,794, approving and adopting a revised job classification for the position of Traffic Operations Supervisor in the Public Works & Parks Division. Resolution #20,795, approving and adopting a revised job classification for the position of Fitness Coordinator in the Recreation & Community Programs Division. Resolution #20,796, levying a final assessment for costs incurred by the City to mow and clear overgrown vegetation on the property located at 508 West 3rd Street. Resolution #20,797, approving and accepting the low bid of Mongon Painting Co., Inc., in the amount of $45,102.00, for the Water Reclamation Primary Clarifier Painting Project. Resolution #20,798, approving and authorizing execution of nine Owner Purchase Agreements, in conjunction with the Center Street Recreational Trail Project. Resolution #20,799, approving and authorizing execution of Supplemental Agreement No. 6 to the Professional Services Agreement with Clapsaddle-Garber Associates for construction related engineering services relative to the Sands Addition. Resolution #20,800, approving and authorizing execution of an Assignment and Assumption Agreement for private development and conveyance of development property by Wayne Industrial Holdings LLC to Curbtender, 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, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolutions #20,787 through #20,800 duly passed and adopted It was moved by debuhr and seconded by Blanford that Resolution #20,801, establishing the pay for a new employee hired in the position of Police Officer in the Police Operations Division, be adopted. Following comments by Jim Skaine, 2215 Clay Street, the Mayor put the question on the motion and upon call of the roll, the Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,801 duly passed and adopted It was moved by Darrah and seconded by Wieland that Resolution #20,802, establishing the pay for three employees reclassified to the position of Public Safety Officer in the Police Operations Division, be adopted. The Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,802 duly passed and adopted It was moved by Taiber and seconded by Miller that Resolution #20,803 naming official depositories for the City of Cedar Falls, be adopted. The Mayor put the

5 - 5 - question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Darrah, Wieland, Taiber. Nay: None. Abstain: Blanford. Motion carried. The Mayor then declared Resolution #20,803 duly passed and adopted It was moved by Ruchey and seconded by Miller that Resolution #20,804, approving and accepting a Warranty Deed and Agreement to Rescind Lease, in conjunction with the new Public Safety Facility, be adopted. Following questions and comments by Penny Popp, 4805 South Main Street, and Councilmembers Miller and Blanford, and responses by Community Development Director Sheetz, City Planner III Sturch and City Attorney Rogers, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,804 duly passed and adopted It was moved by Darrah and seconded by Miller that Resolution #20,805, approving and authorizing execution of an amendment to a Standard Form of Agreement/Professional Services Agreement with INVISION Architecture, LTD for professional engineering and architectural services relative to the new Public Safety Facility, be adopted. The Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,805 duly passed and adopted It was moved by Runchey and seconded by Darrah that Resolution #20,806, approving an MU, Mixed Use Zoning District site plan for construction of the Public Safety Facility to be located in the vicinity of South Main Street and Bluebell Road, be adopted. Following questions and comments by Bill Bell, 613 Lantz Avenue, Larry Wyckoff, 4241 Eastpark Road, and Councilmember Miller, and responses by 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, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,806 duly passed and adopted It was moved by Darrah and seconded by debuhr that Resolution #20,807, approving a Central Business District Overlay Zoning District site plan for signage at 602 State Street, be adopted. The Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,807 duly passed and adopted It was moved by Runchey and seconded by Wieland that Resolution #20,808, setting November 20, 2017 as the date of public hearing on proposed amendments to Chapter 14, Housing, of the Code of Ordinances relative to the Minimum Rental- Housing Code, be adopted. Following comments by Jim Skaine, 2215 Clay Street, and responses by 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, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,808 duly passed and adopted.

6 It was moved by Miller and seconded by Wieland that Resolution #20,809, setting November 20, 2017 as the date of public hearing on a proposal to enter into a Development Agreement with Arabella, LLC relative to a commercial/residential mixed use development in the 200 block of West 1st Street, be adopted. The Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, debuhr, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,809 duly passed and adopted It was moved by Darrah and seconded by Runchey that Resolution #20,810, setting November 20, 2017 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Public Safety Facility, be adopted. Following questions by Jim Skaine, 2215 Clay Street, and responses by 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, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,810 duly passed and adopted It was moved by Darrah and seconded by Miller that Resolution #20,811, setting November 20, 2017 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the University Avenue Reconstruction Project, Phase 3, be adopted. Following questions by Jim Skaine, 2215 Clay Street, and responses by Councilmember Miller and City Administrator Gaines, the Mayor put the question on the motion and upon call of the roll, the Darrah, Wieland, Taiber. Nay: None. Motion carried. The Mayor then declared Resolution #20,811 duly passed and adopted It was moved by Wieland and seconded by Miller that Ordinance #2915, amending Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances relative to banning the use and explosion of consumer fireworks within the city limits, be passed upon its first consideration. The Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Miller, Runchey, Darrah, Wieland. Nay: debuhr, Blanford, Taiber. Motion carried It was moved by Runchey and seconded by debuhr 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, Runchey, Blanford, Darrah, Wieland, Taiber. Nay: None. Motion carried Director of Municipal Operations & Programs Mark Ripplinger responded to a question by Councilmember Miller regarding ponding water in Island Park. The Mayor reminded citizens of Election Day on November 7, 2017, and recognized Boy Scouts in attendance at the meeting It was moved by Darrah and seconded by Blanford to adjourn to 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

7 - 7 - governmental body in that litigation, following Public Forum. Upon call of the roll, the Darrah, Wieland, Taiber. Nay: None. Motion carried Jim Skaine, 2215 Clay Street, commented on the Council listening for best dialogue. Councilmember Taiber responded to concerns expressed by Larry Wyckoff, 4241 Eastpark Road, regarding costs and finding alternatives to new construction projects in Cedar Falls. Public Safety Services Director Olson and Councilmember Taiber responded to concerns expressed by the following individuals regarding certifications and staffing levels within the Fire Department. 1) Sharon Regenold, 108 Lilliput Lane 2) Bill Bell, 613 Lantz Avenue 3) LeaAnn Saul, 1825 West Greenhill Road City Attorney Rogers and Public Safety Services Director Olson responded to questions by Linda Minikus, 1626 West Lone Tree Road, regarding limited public speaking time at meetings, fire response times and determination of adequate fire staffing. Roger White, 2303 Greenwood Avenue, spoke in support of the three-lane version of Main Street Reconstruction and how impressed he is with what has been completed so far on the University Avenue Reconstruction. City Administrator Gaines responded to a question by Andrew Stevenson, 2608 Neola Street, regarding accessibility of the council packet tutorial on the City s website. Mr. Stevenson also commented that a bike lane was the lowest cost option for the Main Street Reconstruction It was moved by Darrah and seconded by Runchey that the meeting be adjourned at 8:58 P.M. Motion carried unanimously. Jacqueline Danielsen, CMC, City Clerk