City Council Meeting

CITY HALL CEDAR FALLS, IOWA, JULY 15, 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. 54873 - It was moved by Kruse and seconded by Latta that the minutes of the Regular Meeting of July 1, 2024 be approved as presented and ordered of record. Motion carried unanimously. 54874 - Director of Public Safety Berte provided a recap of fireworks usage, complaints and citations issued. Councilmembers Ganfield and Latta commented. 54875 - Mayor Laudick announced that in accordance with the public notice of July 6, 2024, this was the time and place for a public hearing on the proposed conveyance of certain vacated alley right-of way abutting 1307 Longview Street. It was then moved by Kruse and seconded by Schultz that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 54876 - The Mayor then asked if there were any written communications filed to the proposed conveyance. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Planning & Community Services Manager Howard provided an update on the proposed conveyance. There being no one else present wishing to speak about the proposed conveyance, the Mayor declared the hearing closed and passed to the next order of business. 54877 - It was moved by Schultz and seconded by Latta that Resolution #23,703, approving and authorizing execution of a Quit Claim Deed conveying certain vacated alley right-of-way abutting 1307 Longview Street, 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: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #23,703 duly passed and adopted. 54878 - Mayor Laudick announced that in accordance with the public notice of July 6, 2024, this was the time and place for a public hearing on the FFY2024-2028 Consortium 5-Year Consolidated Plan for Community Development Block Grant (CDBG) & HOME programs. It was then moved by Kruse and seconded by Ganfield that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 54879 - The Mayor then asked if there were any written communications filed to the proposed plan. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Planning & Community Services Manager Howard and Mosaic Community Planning Representative Heaven Silva provided an update on the proposed plan. Following a question by  -2- Councilmember Schultz, and response by Silva, the Mayor declared the hearing closed and passed to the next order of business. 54880 - It was moved by Crisman and seconded by Hawbaker that Resolution #23,704, approving and adopting the FFY2024-2028 Consortium 5-Year Consolidated Plan for Community Development Block Grant (CDBG) & HOME programs, 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: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #23,704 duly passed and adopted. 54881 - It was moved by Ganfield and seconded by Hawbaker that Ordinance #3069, amending the Zoning Map by removing real estate located at 2216 Main Street and 127 East 23rd Street, Commercial District, be passed upon its third and 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, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance #3069 duly passed and adopted. 54882 - It was moved by Latta and seconded by Kruse that Ordinance #3070 amending Chapter 10, Garbage and Refuse, of the Code of Ordinances relative to containers; placement for collection; penalty of violation and service charges – established, be passed upon its third and 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, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance #3070 duly passed and adopted. 54883 - It was moved by Kruse and seconded by Schultz that Ordinance #3071, amending Chapter 2, Administration, of the Code of Ordinances relative to controller/city treasurer, information systems manager, city clerk, appointment, powers and duties of city attorney, appointment, powers and duties of human resources manager, planning and community services manager, manager, building official, manager of operations and maintenance, city engineer, and water reclamation manager, 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. 54884 - It was moved by Ganfield and seconded by Crisman that Ordinance #3072, amending Chapter 17, Parks and Recreation, of the Code of Ordinances relative to public events on city property, 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. 54885 - It was moved by Kruse and seconded by Crisman that Ordinance #3073, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to parking prohibited on specific streets, be passed upon its second  -3- 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. 54886 - It was moved by Kruse and seconded by Latta that Ordinance #3074, amending Chapter 26, Zoning, of the Code of Ordinances relative to residence district, 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. 54887 - It was moved by Kruse and seconded by Hawbaker that the following items on the Consent Calendar be received, filed, and approved: Receive and file the City Council Committee of the Whole minutes of July 1, 2024 relative to the following items: a) Cash Management Report. b) Proposed Health Plan Amendments. Approve the following recommendation of the Mayor relative to the reappointment of members to Boards and Commissions: a) Peter Berendzen, Art & Culture Board, term ending 07/01/2028. Receive and file communication from the Civil Service Commission relative to the following certified list: a) Maintenance Worker. Receive, file and approve the FY2025 Cash Management Report. Receive and file revised bylaws for the Art & Culture Board. Approve the following applications for retail alcohol licenses: a) Dollar General, 1922 Valley Park Drive, Class B retail alcohol - renewal. b) Cypress Lounge, 209 A State Street, Class C retail alcohol & outdoor service - renewal. c) Wal-Mart, 525 Brandilynn Boulevard, Class E retail alcohol - renewal. d) Wal-Mart, 525 Brandilynn Boulevard, Class E retail alcohol - change in ownership. e) River Place Plaza, 200 East 2nd Street - Plaza, Special Class C retail alcohol & outdoor service -temporary expansion of outdoor service area. (August 31 - September 1, September 14 & September 26, 2024) f) Patton, 317 Main Street, Class C retail alcohol - temporary outdoor service/sidewalk café. (July 16 - November 15, 2024) Motion carried unanimously. 54888 - It was moved by Hawbaker and seconded by Crisman that the following resolutions be introduced and adopted: Resolution #23,705, amending CFD 1121, Section 2.4, regarding City Council Electronic Meeting Procedures.  -4- Resolution #23,706, approving and authorizing execution of an Easement Agreement, in conjunction with a sidewalk café at 315 Main Street. Resolution #23,707, approving and authorizing execution of an amended Joinder Agreement for Group Term Life Insurance with National Insurance Services of Wisconsin Insurance Trust relative to Group Term Life Insurance & Accidental Death & Dismemberment (AD&D) Insurance. Resolution #23,708, approving and authorizing execution of a Subordination Agreement between U.S. Bank National Association relative to the Cedar Heights Area Reconstruction Project. Resolution #23,709, approving and authorizing execution of an Agreement with Lyngsoe Systems for an Automated Materials Handler (AMH) for the Cedar Falls Public Library. Resolution #23,710, rescinding Resolution #23,667, being a Resolution approving and authorizing the expenditure of funds for the purchase of Glock 26 Pistols with Trijicon SRO2 Optic firearms for the Public Safety Department. Resolution #23,711, approving and authorizing the expenditure of funds for the purchase of Glock 26 Pistols with Trijicon SRO2 Optic firearms for the Public Safety Department. Resolution #23,712, approving and authorizing execution of two Red House Studio Lease Extensions relative to the use of 224 West Seerley Boulevard as artists’ studio space, in conjunction with the Hearst Center’s Visiting Artist Program. Resolution #23,713, approving and authorizing execution of a Red House Studio Lease with Monica Sanguino relative to the use of 224 West Seerley Boulevard as artists’ studio space, in conjunction with the Hearst Center’s Visiting Artist Program. Resolution #23,714, approving and authorizing execution of an Addendum to the Agreement with the Iowa Department of Transportation (IDOT) relative to the West 1st Street Reconstruction Project. Resolution #23,715, approving and accepting nine Temporary Construction Easements, in conjunction with the North Cedar Heights Drive Project - Phase 1A. Resolution #23,716, approving and authorizing execution of two Owner Purchase Agreements; and approving and accepting two Temporary Construction Easements, in conjunction with the Main Street Reconstruction Project. Resolution #23,717, approving and authorizing execution of two Owner Purchase Agreements; and approving and accepting one Temporary Construction Easement; one Crop Loss Agreement, in conjunction with the Viking Road & Prairie Parkway Intersection Improvements Project. 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.  -5- Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Resolutions #23,705 through #23,717 duly passed and adopted. 54889 - It was moved by Ganfield and seconded by Latta that Resolution #23,718, approving and authorizing execution of a Service/Product Agreement for Custodial Services with Fresh Start Cleaning Solutions, Inc. relative to providing custodial services for city buildings from September 1, 2024 through August 31, 2027, be adopted. Following a question by Councilmember Ganfield, and response by Operations & Maintenance Division Manager Heath, 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 #23,718 duly passed and adopted. 54890 - It was moved by Kruse and seconded by Latta that Resolution #23,719, receiving and filing, and setting August 5, 2024 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Viking Road & Prairie Parkway Intersection Improvements Project, be adopted. Following comments by Councilmember Schultz and Mayor Laudick, 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 #23,719 duly passed and adopted. 54891 - It was moved by Latta and seconded by Kruse that the bills and claims of July 15, 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. 54892 - Mayor Laudick announced that approval has been received for the Housing Trust Fund. Councilmember Kruse commented on quarterly reviews of the goal setting document. Mayor Laudick and Councilmembers Dunn and Latta commented. 54893 - Following a comment by Councilmember Crisman regarding discussion of Animal Control, Mayor Laudick stated he will be forming a Task Force to review the Animal Control Program implementation. Councilmembers Ganfield and Kruse commented. 54894 - It was moved by Latta and seconded by Kruse that the meeting be adjourned at 7:31 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk