City Council Meeting

CITY HALL CEDAR FALLS, IOWA, FEBRUARY 5, 2024 REGULAR MEETING, CITY COUNCIL MAYOR DANIEL LAUDICK 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 7:00 P.M. on the above date. Members present: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Absent: None. Mayor Laudick led the Pledge of Allegiance. 54615 - It was moved by Crisman and seconded by Kruse that the minutes of the Regular Meeting of January 16, 2024 be approved as presented and ordered of record. Motion carried unanimously. 54616 - Major Rob Green, Cedar Falls, Commander in the Civic Air Patrol, gave an overview of the program and aerospace, thanked the City for use of the Public Safety building for a ceremony, and provided the Squadron training time. The following individuals spoke in support of a proposed resolution by the Council to be approved and submitted to state and federal governments calling for a cease fire in the Gaza Strip: Xandra Escalada, Cedar Falls Ev Wilson, Waterloo Byron Plumly, Cedar Falls Amelia Gotera, Cedar Falls Shirley Whiteside, Cedar Falls Sonja Bock, Cedar Falls Human Rights Commission Chair Aliya Rahman, Waterloo Archer, Cedar Falls Nic Tripp, Cedar Falls Reverend Michael Blackwell, Cedar Falls John Greer, Cedar Falls Brandon Sanders, Waterloo, spoke about property owned on First Street and issues with snow removal. Councilmember Schultz commented. Mark Suchy, Cedar Falls, thanked the City for its work on the Center Street Corridor and requested consideration of lowering the speed limit to 25 on Longview from Western to Lone Tree Road. Pastor Larry Stumme, St. Paul Lutheran Church, spoke regarding disparity in living conditions for Black residents and referenced the 24/7 Wall Street report mentioning the Waterloo/Cedar Falls area, and encouraged working together as a community. Kim Jensen Jordan, Cedar Falls, spoke about the history of the Sartori family, hospital, the City’s maintenance of the property and building concerns about losing the hospital, and expressed desire to see Mayo Clinic presence in the  -2- community. Following comments by Mayor Laudick, he announced a brief recess from 8:13 PM to 8:17 PM. 54617 - Mayor Laudick announced the continuation of a public hearing on the proposed amendment to the Land Use Map by changing the designation from Low Density Residential Use, Greenways and Floodplain Use, and Neighborhood Commercial & Mixed Use to Low Density Residential Use and adjust the Greenways and Floodplain Use of property located North of Aldrich Elementary School and South of West Greenhill Road. The Mayor then asked if there were any written communications filed to the proposed amendment. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. There being no one present wishing to speak about the proposed amendment, the Mayor declared the hearing closed and passed to the next order of business. 54618 - It was moved by Kruse and seconded by Latta that Resolution #23,470, approving an amendment to the Land Use Map by changing the designation from Low Density Residential Use, Greenways and Floodplain Use, and Neighborhood Commercial and Mixed Use to Low Density Residential Use and adjust the Greenways and Floodplain Use of property located North of Aldrich Elementary School and South of West Greenhill Road, be adopted. Following comments by Councilmember Dunn, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #23,470 duly passed and adopted. 54619 - Mayor Laudick announced the continuation of a public hearing on the proposed rezoning from R-1, Residential District & MU, Mixed Use Residential to RP, Planned Residence District of property located North of Aldrich Elementary School and South of West Greenhill Road. The Mayor then asked if there were any written communications filed to the proposed rezoning. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. There being no one present wishing to speak about the proposed rezoning, the Mayor declared the hearing closed and passed to the next order of business. 54620 - It was moved by Ganfield and seconded by Latta that Ordinance #3048, amending the Zoning Map located North of Aldrich Elementary School and South of West Greenhill Road from R1, Residential District & MU, Mixed Use Residential to RP, Planned Residence District, 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: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried.  -3- 54621 - It was moved by Ganfield and seconded by Crisman that Ordinance #3047, imposing the one percent local sales and services tax within the City of Cedar falls and allocating the revenue derived therefrom, 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: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: none. Motion carried. 54622 - It was moved by Hawbaker and seconded by Ganfield that the following items on the Consent Calendar be received, filed, and approved: Receive and file the City Council Work Session minutes of January 16, 2024 relative to the following items: a) College Hill Visioning Plan. b) Animal Control Receive and file the minutes of the January 26, 2024 City Council Joint Meeting with Legislators. Receive and file resignations of members from Boards & Commissions: a) Julie Kliegl, Human Rights Commission. Receive and file communications from the Civil Service Commission relative to the following certified lists: a) Public Safety Supervisor - Captain. b) Public Safety Supervisor - Lieutenant. Receive and file Departmental Monthly Reports of December 2023. Approve a request for temporary signs at various locations for the Waterloo- Cedar falls Annual Coin Show on March 23-24, 2024. Approve the following applications for retail alcohol licenses: a) Hy-Vee Fast and Fresh, 6527 University Avenue, Class B retail alcohol - renewal. b) College Square Cinema, 6301 University Avenue, Special Class C retail alcohol – renewal. c) Panther Lounge, 210 East 18th Street, Class C retail alcohol - renewal. d) Bani’s, 2128 College Street, Class E retail alcohol - renewal. e) Happy’s Wine & Spirits, 5925 University Avenue, Class E retail alcohol – renewal. f) Thunder Ridge Ampride, 2425 Whitetail Drive, Class E retail alcohol - renewal. Motion carried unanimously. 54623 - It was moved by Kruse and seconded by Crisman that the following resolutions be introduced and adopted: Resolution #23,471 approving and authorizing execution of an Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications,  -4- relative to recruitment advertising. Resolution #23,472 approving and authorizing a Service Agreement with TargetSolutions Learning, LLC, d/b/a Vector Solutions relative to a tracking software for Public Safety Services. Resolution #23,473 approving and authorizing execution of an Agreement for Asbestos Inspection/Monitoring Services with Iowa Environmental Services, Inc. relative to properties adjacent to the West Viking Road Industrial Park. Resolution #23,474 approving and authorizing execution of a Professional Services Agreement with Richard Bardle relative to fiberglass TC mascots for the Panthers on Parade Project. Resolution #23,475 approving and authorizing execution of an Iowa Tourism Grant Agreement with Iowa Economic Development Authority (IEDA) relative to digital advertising to promote Cedar Falls. Resolution #23,476 approving and authorizing execution of a Travel Iowa Data Co-op Agreement with Iowa Economic Development Authority (IEDA) relative to Cedar Falls Tourism access to statewide and localized data for tourism planning and marketing. Resolution #23,477 in support of a grant application to the Otto Schoitz Foundation for the Seerley Park Improvements Project. Resolution #23,478 approving and authorizing execution of an Amendment to the Service/Product Agreement for Federally Funded Project with Iowa Northland Regional Council of Governments (INRCOG) for administration and technical services for activities relative to FY2023 (FFY2022) HOME Investment Partnership Program funding project delivery. Resolution #23,479 approving and authorizing execution of a Second Amendment to the Service/Product Agreement for Federally Funded Project with Iowa Northland Regional Council of Governments (INRCOG) for administration and technical services for activities relative to FY2023 (FFY2022) Community Development Block Grant (CDBG). Resolution #23,480 approving and authorizing execution of a Contract with Family & Children’s Council of Black Hawk County relative to Community Development Block Grant (CDBG) funding for service agencies. Resolution #23,481 approving and authorizing execution of a Contract with the Salvation Army relative to Community Development Block Grant (CDBG) funding for service agencies. Resolution #23,482 approving and authorizing execution of an Offer to Buy Real Estate and Acceptance for property located at 1218 Cottage Row Road. Resolution #23,483 approving and authorizing submission of the Iowa Certified Local Government (CLG) 2023 Annual Report of the Historic Preservation  -5- Commission to the State Historical Society of Iowa. Resolution #23,484 approving and authorizing execution of an Offer to Buy parcels 49 & 52 with the Iowa Department of Transportation (IDOT) relative to the reconstruction of Highway 57/West 1st Street. Resolution #23,485 approving and authorizing execution of a Farm Lease Agreement with Century Farms an Iowa General Partnership relative to agricultural land known as the Belz Farm. Resolution #23,486 approving and authorizing the expenditure of funds for the purchase of a columbarium vault for the Cemetery Section of the Operations and Maintenance Division. Resolution #23,487 approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with Foth Infrastructure & Environment, LLC relative to the 2024 Bridge Inspection Project. Resolution #23,488 receiving and filing the bids, and approving and accepting the low bid of Municipal Pipe Tool Company, LLC in the amount of $151,712.00, for the 2024 CDBG Sanitary Sewer Rehabilitation Project. Resolution #23,489 approving and accepting the contract and bond of Municipal Pipe Tool Company, LLC for the 2024 CDBG Sanitary Sewer Rehabilitation Project. Resolution #23,490 approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with Cedar Falls Community School District (CFCSD), relative to a post-construction stormwater management plan for the Cedar Falls High School located at West 27th Street. Resolution #23,491 setting February 19, 2024 as the date of public hearing to consider entering into a proposed Amended and Restated Agreement for Private Development with CV Commercial, L.L.C. Resolution #23,492 receiving and filing, and setting February 19, 2024 as the date of public hearing on, the proposed plans, specifications, form of contract & estimate of cost for the North Cedar Heights Area Reconstruction Project Phase 2. 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, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Resolutions #23,471 through #23,492 duly passed and adopted. 54624 - It was moved by Latta and seconded by Kruse that Resolution #23,493, approving and adopting CFD 1121: Council Policy – City Council Meeting Procedures, be adopted. Following comments by Councilmembers Kruse, Dunn and Schultz, and responses by Mayor Laudick, it was moved by Schultz and seconded by Kruse to amend the motion by replacing “must” with “shall” in  -6- section 8.2. Following comments by Councilmembers Dunn, Hawbaker, Latta, and Ganfield, and responses by City Attorney Rogers, the motion to amend carried 6-1, with Ganfield voting Nay. Following comments and questions by Councilmember Ganfield, and responses by Mayor Laudick, the Mayor put the question on the original motion as amended and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Crisman, Dunn. Nay: Ganfield. Motion carried. The Mayor then declared Resolution #23,493 duly passed and adopted. 54625 - It was moved by Ganfield and seconded by Crisman that Resolution #23,494, approving and authorizing execution of an Amendment to lease with MercyOne Northeast Iowa, formerly known as Wheaton Franciscan Healthcare-Iowa, Inc., former known as Covenant Health Systems, Inc., extending the term from January 1, 2022 through December 31, 2026, be adopted. Following comments and questions by Councilmembers Schultz and Kruse, and responses by Mayor Laudick, City Attorney Rogers and Director of Finance and Business Operations Rodenbeck, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Abstain: Latta. Nay: none. Motion carried. The Mayor then declared Resolution #23,494 duly passed and adopted. 54626 - It was moved by Crisman and seconded by Latta that Resolution #23,495, approving and adopting the Imagine College Hill! Vision Plan, be adopted. Following comments and questions by UNI Student Liaison Noah Hackbart, Councilmembers Hawbaker, Kruse, and Ganfield, and responses by Mayor Laudick, it was moved by Councilmember Dunn to call the question. Motion to call the question carried unanimously. The Mayor then put the question on the motion and upon the call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Hawbaker, Crisman, and Dunn. Nay: Kruse and Ganfield. Motion carried. The Mayor then declared Resolution #23,495 duly passed and adopted. 54627 - It was moved by Latta and seconded by Crisman that Ordinance #3049, amending Chapter 17, Parks and Recreation, of the Code of Ordinances relative to the Cemetery Section, be passed upon its first consideration. Following due consideration by the Council, the Mayor put the question on the motion and upon the call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, and Dunn. Nay: None. Motion carried. 54628 - It was moved by Kruse and seconded by Crisman that Ordinance #3050, amending Chapter 23, Traffic and Motor Vehicle, of the Code of Ordinances relative to the speed limit on certain portions of 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 the call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, and Dunn. Nay: None. Motion carried.  -7- 54629 - It was moved by Kruse and seconded by Ganfield that the bills and claims of February 5, 2024 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, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. 54630 - It was moved by Dunn and seconded by Crisman to refer to the Committee of the Whole discussion for staff to bring to Council a plan to utilize funding allocated in the CIP for FY25 for proposals for changes to zoning and parking for the College Hill character areas 1, 2, and 3 as designated by the College Hill Vision Plan similar to the character districts for established for the downtown. Note: Priority should be given to areas 1, 2, and 3 however the impact and future possible changes to areas 4 and beyond can/should be included in the recommendations. Following comments by Councilmembers Kruse, Hawbaker and Schultz, and responses by City Administrator Gaines and Mayor Laudick, the motion passed unanimously. 54631 - It was moved by Dunn and seconded by Latta to refer to the Committee of the Whole discussion on the City’s current Conflict of Interest disclosure requirements. Following comments by Councilmembers Kruse and Hawbaker, the motion passed unanimously. 54632 - It was moved by Kruse and seconded by Latta to adjourn to Executive Session to discuss Collective Bargaining per Iowa Code Section 20.17(3) as negotiating sessions, strategy meetings of public employers, mediation, and the deliberative process of arbiters. Upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The City Council adjourned to Executive Session at 9:02 P.M. Mayor Laudick reconvened the Council meeting at 9:42 P.M. 54633 - It was moved by Schultz and seconded by Dunn that the meeting be adjourned at 9:43 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk