City Council Meeting

CITY HALL CEDAR FALLS, IOWA, AUGUST 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. 54895 - It was moved by Crisman and seconded by Kruse that the minutes of the Regular Meeting of July 15, 2024 be approved as presented and ordered of record. Motion carried unanimously. 54896 - Rosemary Beach, Cedar Falls, expressed concerns with the lack of sidewalks in the Prairie Parkway neighborhood and requested the installation of additional crosswalks or pedestrian signage. Kim Jensen Jordan, Cedar Falls, commented on the future of the Cedar Falls High School and Sartori sites and the future of healthcare in the city. 54897 - Director of Public Safety Berte provided details on National Night Out, being held on August 6, 2024 at the Public Safety Center from 4:30PM – 7PM. Director of Community Development Sheetz noted the Falls Aquatic Center will close for the season on August 18, 2024 and the Doggie Dip will be held on August 19, 2024 from 6PM - 8PM. 54898 - Mayor Laudick announced that in accordance with the public notice of July 20, 2024, this was the time and place for a public hearing on the proposed plans, specification, form of contract & estimate of cost for the Viking Road & Prairie Parkway Intersection Improvements Project. It was then moved by Latta and seconded by Dunn that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 54899 - The Mayor then asked if there were any written communications filed to the proposed project. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Principal Engineer Claypool provided an update on the proposed project. There being no one else present wishing to speak about the proposed project, the Mayor declared the hearing closed and passed to the next order of business. 54900 - It was moved by Kruse and seconded by Hawbaker that Resolution #23,720, approving and adopting the plans, specifications, form of contract & estimate of cost for the Viking Road & Prairie Parkway Intersection Improvements Project, be adopted. Following questions and comments by Councilmembers Ganfield and Kruse, and responses by Director of Public Works Schrage, Principal Engineer Claypool, Director of Finance & Business Operations Rodenbeck, and City Attorney Rogers, 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  -2- declared Resolution #23,720 duly passed and adopted. 54901 - It was moved by Kruse and seconded by Crisman 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 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 #3071 duly passed and adopted. 54902 - It was moved by Dunn 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 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 #3072 duly passed and adopted. 54903 - 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 third and final consideration. Following comments by Kim Jensen Jordan, Cedar Falls, 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 #3073 duly passed and adopted. 54904 - It was moved by Kruse and seconded by Lata that Ordinance #3074, amending Chapter 26, Zoning, of the Code of Ordinances relative to residence 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 #3074 duly passed and adopted. 54905 - It was moved by Crisman and seconded by Dunn 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 15, 2024 relative to the following item: a) Downtown Parking Discussion. Approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: a) Seth Chadwick, Library Board of Trustees, term ending 06/30/2030. b) Reginald Green, Library Board of Trustees, term ending 06/30/2030.  -3- c) Michael Sulentic, Library Board of Trustees, term ending 06/30/2030. Receive and file Departmental Quarterly Reports of April - June 2024. Receive and file communication from the Civil Service Commission relative to the following certified lists: a) Policy & Administration Specialist. b) Public Safety Officer. Approve the following applications for retail alcohol licenses: a) Main Street Sweets, 307 Main Street, Special Class B retail native wine - renewal. b) Kwik Star, 4515 Coneflower Parkway, Class B retail alcohol - renewal. c) Hy-Vee Market Grille, 6301 University Avenue, Class C retail alcohol - renewal. d) Octopus, 2205 College Street, Class C retail alcohol & outdoor service - renewal. e) The Black Hawk Hotel/Bar Winslow, 115-117 Main Street, Class C retail alcohol - renewal. f) The Library, 2222 College Street, Class C retail alcohol & outdoor service - renewal. g) The Other Place, 4214 University Avenue, Class C retail alcohol & outdoor service - renewal. h) Compass Group USA, Inc., 6725 Cedar Heights Drive, Class C retail alcohol - new. Motion carried unanimously. 54906 - It was moved by Hawbaker and seconded by Latta that the following resolutions be introduced and adopted: Resolution #23,721, approving and authorizing execution of an Amendment to the Lease Agreement with the Cedar Falls Historical Society relative to the Bennington Township Schoolhouse Resolution #23,722, approving and authorizing execution of an Agreement to Enhance Economic Development in Cedar Falls with Grow Cedar Valley relative to an FY2025 Economic Development Grant. Resolution #23,723, approving and authorizing execution of a Travel Iowa Co- Operative Marketing Contract with Iowa Economic Development Authority (IEDA) relative to FY2025 tourism marketing opportunities. Resolution #23,724, approving and accepting completion of construction of a plaza, monument and recreation trail relative to the Rotary Plaza located at 205- 221 West 1st Street. Resolution #23,725, releasing the Cash Escrow Agreement (Performance) and approving and accepting a Cash Escrow Agreement (Maintenance) with The Rotary Club of Cedar Falls relative to the Rotary Plaza located at 205-221 West 1st Street. Resolution #23,726, approving the Loy Minor Subdivision Plat No. 1.  -4- Resolution #23,727, approving the preliminary plat of North Cedar Estates. Resolution #23,728, approving and authorizing execution of one Owner Purchase Agreement; and approving and accepting one Temporary Construction Easement, in conjunction with the North Cedar Heights Drive Project - Phase 1A. Resolution #23,729, approving and authorizing execution of one Owner Purchase Agreement; and approving and accepting one Temporary Construction Easement, in conjunction with the Viking Road & Prairie Parkway Intersection Improvements Project. Resolution #23,730, approving the Certificate of Completion and accepting the work of Owen Contracting, Inc., f/k/a K. Cunningham Construction Company, Inc. for the Downtown Streetscape and Reconstruction Project-Phase II, and approving and authorizing the transfer of funds from the Parkade Renovation Fund to the TIF Fund. Resolution #23,731, approving and authorizing execution of a License Agreement with Unite Private Networks, LLC relative to installing a fiber optic telecommunications system within the public right-of-way of the Hudson Road & West 27th Street intersection. Resolution #23,732, approving and authorizing execution of a Professional Service Agreement with Terracon Consultants, Inc. relative to 2024 Construction Testing Services. Resolution #23,733, approving the Certificate of Completion and accepting the work of Owen Contracting, Inc. for the Center Street Corridor Streetscape Project, and approving and authorizing the transfer of funds from the Storm Water Fund and Street Construction Fund to the Emergency Reserve Fund. Resolution #23,734, approving and authorizing execution of a Contract for Completion of Improvements with Midwest Development Co. relative to the final plat of The Arbors Fifth Addition. Resolution #23,735, approving the final plat for The Arbors Fifth Addition. Resolution #23,736, approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with Midwest Development Co. relative to a post-construction stormwater management plan for The Arbors Fifth Addition. Resolution #23,737, setting August 19, 2024 as the date of public hearing on the authorization of a Loan Agreement and issuance of not to exceed $4,000,000 General Obligation Capital Loan Notes for essential corporate purposes (ECP), and providing for publication of notice thereof. Resolution #23,738, setting August 19, 2024 as the date of public hearing on the authorization of a Loan Agreement and issuance of not to exceed $750,000 General Obligation Capital Loan Notes for general corporate purposes (GCP), and providing for publication of notice thereof. Resolution #23,739, setting August 19, 2024 as the date of public hearing to consider entering into an Agreement for Private Development with BALOS, LLC.  -5- 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 #23,721 through #23,739 duly passed and adopted. 54907 - It was moved by Kruse and seconded by Crisman that Resolution #23,740, approving and authorizing execution of an Offer to Buy Real Estate and Acceptance for 4.15 acres of real estate located at 4109 West 1st Street relative to safety improvements at the Highway 57 & Union Road intersection, be adopted. Following questions by Councilmember Kruse, and comments by Kim Jensen Jordan, Cedar Falls, and responses by Director of Public Works Schrage, Mayor Laudick and City Administrator Gaines, 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 #23,740 duly passed and adopted. 54908 - It was moved by Kruse and seconded by Hawbaker that Resolution #23,741, approving and authorizing execution of an Application for Site-Specific Traffic Safety Improvement Program (TSIP) funding with the Iowa Department of Transportation (Iowa DOT) relative to the Highway 57 & Union Road Intersection Improvements Project, 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 #23,741 duly passed and adopted. 54909 - It was moved by Kruse and seconded by Latta that Ordinance #3075, amending Chapter 2, Administration, of the Code of Ordinances relative to salary of members and salary of the Mayor, 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. 54910 - It was moved by Latta and seconded by Kruse that Ordinance #3076, amending Chapter 2, Administration, of the Code of Ordinances relative to oath; bond and powers and duties, 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. 54911 - It was moved by Kruse and seconded by Ganfield that Ordinance #3077, amending Chapter 16, Offenses and Miscellaneous Provisions, of the Code of Ordinances relative to discharge of weapons, 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. 54912 - It was moved by Crisman and seconded by Kruse that Ordinance #3078,  -6- amending Chapter 24, Utilities, of the Code of Ordinances relative to applicability, definitions and requirements for approval of stormwater management plan, be passed upon its first consideration. Following questions and comments by Councilmembers Kruse, Ganfield, Dunn, and Latta, Mayor Laudick, and Denzel Washington, Cedar Falls, and responses by Director of Public Works Schrage and City Attorney Rogers, 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. 54913 - It was moved by Ganfield and seconded by Schultz that the bills and claims of August 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. 54914 - Councilmember Ganfield commented on the recent 103rd Annual Cedar Falls Bible Conference held at Riverview Ministries. 54915 - It was moved by Kruse and seconded by Latta that the meeting be adjourned at 7:40 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk