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City Council Meeting

Regular Meeting

Cedar Falls, IA · February 7, 2022

AgendaPacketMinutes

Minutes

CITY HALL CEDAR FALLS, IOWA, FEBRUARY 7, 2022 REGULAR MEETING, CITY COUNCIL MAYOR ROBERT M. GREEN 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, at 7:09 P.M. on the above date. Members present: Schultz, deBuhr, Kruse, Harding, Ganfield, Sires, Dunn. Absent: None. 53661 - It was moved by deBuhr and seconded by Harding that the minutes of the Regular Meeting of January 18, 2022 be approved as presented and ordered of record. Motion carried unanimously. 53662 - The Mayor then asked if there were any agenda revisions. City Clerk Danielsen noted that Executive Session was being removed from the agenda. 53663 - Dr. Brian Sires, 1939 College Street, presented information on how UNI affects the local community and expressed concerns with declining enrollment and the need for action. Rosemary Beach, 5018 Sage Road, spoke about the preservation of the Honors Cottage and promoted relations with UNI. Pam Corella, Cedar Falls, expressed concerns with chemtrails and drug use in Cedar Falls. Eashaan Vajpeyi, 3831 Convair Lane, commented on the importance of the Planning & Zoning Commission review process. 53664 - It was moved by Kruse and seconded by Ganfield that the following items on the Consent Calendar be received, filed and approved: Receive and file the following resignations of members from Boards and Commissions: a) Brian Hayes, Historic Preservation Commission. b) Chris Martin, Board of Rental Housing Appeals. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: a) Melissa Heston, Housing Commission, term expiring 12/31/2023. b) Gary Winterhof, Housing Commission, term expiring 12/31/2023. c) Joan Bessman Taylor, Library Board of Trustees, term expiring 06/30/2026. Receive and file the Work Session minutes of January 18, 2022 relative to the following item: a) Downtown Zoning Changes. Receive and file the Committee of the Whole minutes of January 18, 2022 relative to the following items: -2- a) Main Street Reconstruction – 6th Street. b) Annual Report of Cedar Falls Public Library. c) Library Board of Trustees Interview. Receive and file the minutes of the January 28, 2022 Joint Meeting with Legislators. Receive and file Departmental Monthly Reports of December 2021. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: a) Administrative Supervisor. b) Public Safety Supervisor-Captain. c) Public Safety Supervisor-Lieutenant. Approve the following applications for beer permits and liquor licenses: a) Hy-Vee Gas, 6527 University Avenue, Class C beer - renewal. b) Panchero's Mexican Grill, 6421 University Avenue, Class B beer - renewal. c) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special Class C liquor - renewal. d) College Square Cinema, 6301 University Avenue, Special Class C liquor - renewal. e) Cottonwood Canyon, 419 Washington Street, Special Class C liquor & outdoor service - renewal. f) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor - renewal. g) Chad's Pizza and Restaurant, 909 West 23rd Street, Class C liquor & outdoor service - renewal. h) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C liquor - renewal. i) Hillstreet News & Tobacco, 2217 College Street, Class E liquor - renewal. j) Thunder Ridge Ampride, 2425 Whitetail Drive, Class E liquor - renewal. k) Hy-Vee Gas, 6527 University Avenue, Class C beer – change in ownership. l) Panchero's Mexican Grill, 6421 University Avenue, Class B beer – change in ownership. m) Hy-Vee Clubroom, 6301 University Avenue, Special Class C liquor - change in ownership. n) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor - change in ownership. o) Hy-Vee Market Grille, 6301 University Avenue, Class C liquor - change in ownership. p) Hy-Vee Food Store, 6301 University Avenue, Class E liquor - change in ownership. Motion carried unanimously. 53665 - It was moved by Ganfield and seconded by Harding that the following resolutions be introduced and adopted: Resolution #22,665, approving and authorizing execution of the renewal of an -3- Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications, relative to recruitment advertising. Resolution #22,666, approving and authorizing execution of an Agreement with Sujin Lim relative to public art at the River Place Plaza. Resolution #22,667, approving and authorizing execution of a First Amendment to Service/Product Agreement with AMPERAGE Marketing relative to FY22 digital advertising for the Tourism & Visitor Bureau. Resolution #22,668, approving and authorizing submission of the Iowa Certified Local Government (CLG) 2021 Annual Report of the Historic Preservation Commission to the State Historical Society of Iowa. Resolution #22,669, approving and authorizing execution of two Leases relative to properties vacated by flood buyout programs. Resolution #22,670, approving and authorizing the expenditure of funds for the purchase of an automated refuse truck for the Public Works Department. Resolution #22,671, approving and authorizing execution of an Easement Agreement with the Board of Regents, University of Northern Iowa, in conjunction with the West 27th Street Reconstruction Project. Resolution #22,672, approving and accepting a Warranty Deed, in conjunction with the Greenhill Road and South Main Street Intersection Improvements Project. Resolution #22,673, approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system within the West Lone Tree Road public right-of-way. Resolution #22,674, receiving and filing, and setting February 21, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Oak Park Sanitary Sewer Repair Project. Resolution #22,675, receiving and filing, and setting February 21, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2022 Street Construction Project. Resolution #22,676, setting February 21, 2022 as the date of public hearing to consider entering into a February 2022 Amendment to Development Agreement with Cedar Falls Municipal Utilities relative to the Unified Highway 58 Corridor Urban Renewal Area. Resolution #22,677, setting February 21, 2022 as the date of public hearing to consider entering into an Agreement for Private Development and to consider conveyance of certain city-owned real estate to Wayne Estates, L.L.C. Resolution #22,678, setting February 21, 2022 as the date of public hearing to consider entering into an Agreement for Private Development and to consider conveyance of certain city-owned real estate to McWing, LLC. -4- Resolution #22,679, setting February 21, 2022 as the date of public hearing on the maximum levy rate. 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: Schultz, deBuhr, Kruse, Harding, Ganfield, Sires, Dunn. Nay: None. Motion carried. The Mayor then declared Resolutions #22,665 through #22,679 duly passed and adopted. 53666 - It was moved by Harding and seconded by Kruse that Resolution #22,680, in support of a Matching Assets to Community Health grant application to The Wellmark Foundation for the Cedar River Recreation Project, be adopted. Following questions by Councilmember Harding 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: Schultz, deBuhr, Kruse, Harding, Ganfield, Sires, Dunn. Nay: None. Motion carried. The Mayor then declared Resolution #22,680 duly passed and adopted. 53667 - It was moved by Dunn and seconded by Ganfield that the rules requiring Ordinance #3004 be considered at three separate meetings, be suspended. Following a comment by GIS Specialist Hines, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, deBuhr, Kruse, Harding, Ganfield, Sires, Dunn. Nay: None. Motion carried. It was then moved by Ganfield and seconded by Kruse that Ordinance #3004, amending Chapter 8, Elections, of the Code of Ordinances relative to correcting a scriveners error, be passed upon its third & final 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: Schultz, deBuhr. Kruse, Harding, Ganfield, Sires, Dunn. Nay: None. The Mayor then declared Ordinance #3004 duly passed and adopted. 53668 - It was moved by Dunn and seconded by Kruse that Ordinance #3005, amending Chapter 12, Human Relations, of the Code of Ordinances relative to the Human Rights Commission, be passed upon its first consideration. Following comments by Human Rights Commission member Susan Langan, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, deBuhr, Kruse, Harding, Ganfield, Sires, Dunn. Nay: None. Motion carried. 53669 - It was moved by Kruse and seconded by Ganfield that the bills and claims of February 7, 2022 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: Schultz, deBuhr, Kruse, Harding, Ganfield, Sires, Dunn. Nay: None. Motion carried. 53670 - Finance & Business Operations Director Rodenbeck provided information on -5- adding videos of meetings prior to January 2018 to the city website and responded to questions from Councilmembers Sires, Dunn and Kruse. Mayor Green also commented. 53671 - City Administrator Gaines thanked city staff for setup of temporary accommodations for City Council meetings. 53672 - It was moved by Kruse and seconded by Ganfield that the meeting be adjourned at 7:48 P.M. Motion carried unanimously. ________________________________ Jacqueline Danielsen, MMC, City Clerk

Agenda

AGENDA CITY OF CEDAR FALLS, IOWA CITY COUNCIL MEETING MONDAY, FEBRUARY 07, 2022 7:00 PM AT COMMUNITY CENTER, 528 MAIN STREET The City is providing in-person and electronic options for this meeting. The City encourages in-person attendees to follow the latest CDC guidelines to reduce the risk of COVID-19 transmission. The meeting will be accessible via video conference and the public may access/participate in the meeting in the following ways: a) By dialing the phone number +13126266799 or +19292056099 or +12532158782 or +13017158592 or +13462487799 or +16699006833 and when prompted, enter the meeting ID (access code) 962 7287 1738. b) iPhone one-tap: +13126266799,,96272871738# or +19292056099,,96272871738# c) Join via smartphone or computer using this link: https://zoom.us/j/96272871738. d) View the live stream on Channel 15 YouTube using this link: https://www.youtube.com/channel/UCCzeig5nIS- dIEYisqah1uQ (view only). e) Watch on Cedar Falls Cable Channel 15 (view only). To request to speak when allowed on the agenda, participants must click “Raise Hand” if connected by smartphone or computer, or press *9 if connected by telephone. All participants will be muted by the presiding officer when not actually speaking. Call to Order by the Mayor Roll Call Approval of Minutes 1. Regular meeting of January 18, 2022. Agenda Revisions Public Forum. (Speakers will have one opportunity to speak for up to 5 minutes on topics germane to City business.) New Business 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.) 2. Receive and file the following resignations of members from Boards and Commissions: a) Brian Hayes, Historic Preservation Commission. b) Chris Martin, Board of Rental Housing Appeals. 3. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: a) Melissa Heston, Housing Commission, term expiring 12/31/2023. b) Gary Winterhof, Housing Commision, term expiring 12/31/2023. c) Joan Bessman Taylor, Library Board of Trustees, term expiring 06/30/2026. 4. Receive and file the Work Session minutes of January 18, 2022 relative to the following item: a) Downtown Zoning Changes. Page 1 of 4 5. Receive and file the Committee of the Whole minutes of January 18, 2022 relative to the following items: a) Main Street Reconstruction – 6th Street. b) Annual Report of Cedar Falls Public Library. c) Library Board of Trustees Interview. 6. Receive and file the minutes of the January 28, 2022 Joint Meeting with Legislators. 7. Receive and file Departmental Monthly Reports of December 2021. 8. Receive and file communications from the Civil Service Commission relative to certified lists for the following positions: a) Administrative Supervisor. b) Public Safety Supervisor-Captain. c) Public Safety Supervisor-Lieutenant. 9. Approve the following applications for beer permits and liquor licenses: a) Hy-Vee Gas, 6527 University Avenue, Class C beer - renewal. b) Panchero's Mexican Grill, 6421 University Avenue, Class B beer - renewal. c) Asian Fusion Vietnamese and Thai Cuisine, 5725 University Avenue, Special Class C liquor - renewal. d) College Square Cinema, 6301 University Avenue, Special Class C liquor - renewal. e) Cottonwood Canyon, 419 Washington Street, Special Class C liquor & outdoor service - renewal. f) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor - renewal. g) Chad's Pizza and Restaurant, 909 West 23rd Street, Class C liquor & outdoor service - renewal. h) Sakura Japanese Steakhouse & Sushi Bar, 5719 University Avenue, Class C liquor - renewal. i) Hillstreet News & Tobacco, 2217 College Street, Class E liquor - renewal. j) Thunder Ridge Ampride, 2425 Whitetail Drive, Class E liquor - renewal. k) Hy-Vee Gas, 6527 University Avenue, Class C beer – change in ownership. l) Panchero's Mexican Grill, 6421 University Avenue, Class B beer – change in ownership. m) Hy-Vee Clubroom, 6301 University Avenue, Special Class C liquor - change in ownership. n) Hy-Vee Tasting Room, 6301 University Avenue, Special Class C liquor - change in ownership. o) Hy-Vee Market Grille, 6301 University Avenue, Class C liquor - change in ownership. p) Hy-Vee Food Store, 6301 University Avenue, Class E liquor - change in ownership. 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.) 10. Resolution approving and authorizing execution of the renewal of an Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications, relative to recruitment advertising. 11. Resolution approving and authorizing execution of an Agreement with Sujin Lim relative to public art at the River Place Plaza. 12. Resolution approving and authorizing execution of a First Amendment to Service/Product Agreement with AMPERAGE Marketing relative to FY22 digital advertising for the Tourism & Visitor Bureau. 13. Resolution in support of a Matching Assets to Community Health grant application to The Wellmark Foundation for the Cedar River Recreation Project. 14. Resolution approving and authorizing submission of the Iowa Certified Local Government (CLG) 2021 Annual Report of the Historic Preservation Commission to the State Historical Society of Iowa. 15. Resolution approving and authorizing execution of two Leases relative to properties vacated by flood buyout programs. 16. Resolution approving and authorizing the expenditure of funds for the purchase of an automated refuse truck for the Public Works Department. Page 2 of 4 17. Resolution approving and authorizing execution of an Easement Agreement with the Board of Regents, University of Northern Iowa, in conjunction with the West 27th Street Reconstruction Project. 18. Resolution approving and accepting a Warranty Deed, in conjunction with the Greenhill Road and South Main Street Intersection Improvements Project. 19. Resolution approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system within the West Lone Tree Road public right-of-way. 20. Resolution receiving and filing, and setting February 21, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Oak Park Sanitary Sewer Repair Project. 21. Resolution receiving and filing, and setting February 21, 2022 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2022 Street Construction Project. 22. Resolution setting February 21, 2022 as the date of public hearing to consider entering into a February 2022 Amendment to Development Agreement with Cedar Falls Municipal Utilities relative to the Unified Highway 58 Corridor Urban Renewal Area. 23. Resolution setting February 21, 2022 as the date of public hearing to consider entering into an Agreement for Private Development and to consider conveyance of certain city-owned real estate to Wayne Estates, L.L.C. 24. Resolution setting February 21, 2022 as the date of public hearing to consider entering into an Agreement for Private Development and to consider conveyance of certain city-owned real estate to McWing, LLC. 25. Resolution setting February 21, 2022 as the date of public hearing on the maximum levy rate. Ordinances: 26. Pass an ordinance amending Chapter 8, Elections, of the Code of Ordinances relative to correcting a scriveners error, upon its first consideration, OR Suspend the rules requiring ordinances to be considered at three separate meetings (requires at least six aye votes), and pass the ordinance upon its third & final consideration. 27. Pass an ordinance amending Chapter 12, Human Relations, of the Code of Ordinances relative to the Human Rights Commission, upon its first consideration. Allow Bills and Claims 28. Allow Bills and Claims for February 7, 2022. City Council Referrals City Council Updates Staff Updates Executive Session 29. 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. Page 3 of 4 Adjournment Page 4 of 4

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