City Council Meeting

CITY HALL CEDAR FALLS, IOWA, SEPTEMBER 16, 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 7:15 P.M. on the above date. Members present: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Absent: None. Mayor Laudick led the Pledge of Allegiance. 54957 - It was moved by Kruse and seconded by Latta that the minutes of the Regular Meeting of September 3, 2024 be approved as presented and ordered of record. Motion carried unanimously. 54958 - The Mayor then asked if there were any agenda revisions. City Clerk Kerr noted a scrivener’s error in item #19 of the resolution calendar and stated that Council has been provided with an updated agreement. 54959 - Mayor Laudick read a proclamation recognizing September 17-23, 2024 as National Constitution Week. Barb Gregerson commented and accepted. 54960 - Jim Kerns, Cedar Falls, commented on the values of the Arts and asked that the city increase the budget in areas that are directly related to Art & Culture. Dennis Pruckler, Cedar Falls, expressed concerns with the addition of the Whitewater Park downtown and provided Council with a handout showing the benefits of removing the Island Park dam. Robert Irk, Cedar Falls, co-founder of Share the Stoke, commented on BMX Extreme Sports and Tondro Pray Bike Park and requested more upkeep for the park and more BMX friendly locations. Jacob Clark, Waterloo, co- founder of Share the Stoke, requested more attention and funding for the Skate Park and Tondro Pray Bike Park (TPBP). Clark announced an Event being held on October 19, 2024 at TPBP at noon. Mayor Laudick and Councilmember Dunn commented. Kim Jordan, Cedar Falls, commented on the former Sartori property and requested more funds be invested in the property and expressed her wish for a new hospital at that location. 54961 - Director of Public Works Schrage provided an update on the Aldrich School Street connections construction. Schrage responded to questions by Councilmember Latta. 54962 - It was moved by Latta and seconded by Crisman that Ordinance #3079, amending Chapter 5, Alcoholic and Malt Beverages, of the Code of Ordinances relative to the purpose, eligibility for license, conditions for issuance of license, approval required, application for approval; granting of approval, suspension or revocation of approval, location and operation-generally, and location and operation-exemptions, be passed upon its second consideration. Following due  -2- 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. 54963 - It was moved by Kruse and seconded by Ganfield that Ordinance #3080, amending Chapter 12, Human Relations, of the Code of Ordinances relative to the Human Rights Commission; membership; appointment of members; term of office; and qualifications, 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. 54964 - It was moved by Hawbaker and seconded by Kruse that the following items on the Consent Calendar be received, filed, and approved: Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions: a) Lauri Young, Bicycle and Pedestrian Commission, term ending 09/30/2028. Approve the application of J & M Displays, Inc. (Holiday Hoopla) for a fireworks display permit for November 29, 2024. Approve the following applications for retail alcohol licenses: a) Hampton Inn & Suites, 101 West 1st Street, Class B retail alcohol - renewal. b) The Ragged Edge Art Bar & Gallery, 504 Bluff Street, Class C retail alcohol & outdoor service - renewal. c) Lucky Wife Wine Slushies, 5307 Caraway Lane, Parking Lot, Special Class C retail alcohol & outdoor service - 5-day permit. (October 2 - 6, 2024) Motion carried unanimously. 54965 - It was moved by Ganfield and seconded by Crisman that the following resolutions be introduced and adopted: Resolution #23,769, approving electronic bidding procedures and Official Statement relative to the sale of $4,520,000 General Obligation Capital Loan Notes, Series 2024. Resolution #23,770, approving a commitment of local match funds to the Cedar Falls Local Housing Trust Fund. Resolution #23,771, approving and authorizing execution of an Assignment and Assumption Agreement relative to an Agreement for Private Development and conveyance of development property by DS Warehouse, LLC to Reel Deal Holdings, LLC. Resolution #23,772, approving and authorizing execution of a Public Art Committee Agreement for a Lease Extension of Artwork with Rachel Heine relative to the sculpture at 311 Main Street. Resolution #23,773, approving and authorizing submission of an application for an Iowa Tourism Grant for funding relative to promotional materials to promote the Gateway Water Trail.  -3- Resolution #23,774, approving and authorizing submission of an application for an Iowa Tourism Grant for funding relative to joint promotional materials with Iowa Communities to promote white water and river recreation. Resolution #23,775, approving and authorizing execution of an Encroachment and Reimbursement Agreement with the Greenhill Village Neighborhood Association relative to the installation of a sign within the public right-of-way in conjunction with the Greenhill Village Subdivision. Resolution #23,776, approving a Hwy-1, Highway Commercial Zoning District site plan for construction of a restaurant to be located at 1150 Brandilynn Boulevard. Resolution #23,777, approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with Strand Associates, Inc. relative to development of the 2023 Stormwater Master Plan. Resolution #23,778, approving and authorizing execution of two Owner Purchase Agreements; and approving and accepting two Temporary Construction Easements; two Storm Sewer and Drainage Easements, in conjunction with the Katoski Drive Box Culvert Replacement Project. Resolution #23,779, approving and authorizing execution of a Professional Service Agreement with Snyder & Associates, Inc. for administrative and design services relative to the Gibson Property Development 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. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Resolutions #23,769 through #23,779 duly passed and adopted. 54966 - It was moved by Kruse and seconded by Latta that Resolution #23,780, approving and adopting amendments to CFD 2257: Personnel Policy – Employee Wellness and CFD 2159: Personnel Policy - Severance Pay, be adopted. Following questions by Councilmember Kruse, and responses by Human Resources Manager Schindel 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 declared Resolution #23,780 duly passed and adopted. 54967 - It was moved by Kruse and seconded by Crisman that Resolution #23,781, approving and accepting a Warranty Deed for property located at 4109 West 1st Street relative to safety improvements at the Highway 57 & Union Road intersection, be adopted. Following comments by Kim Jordan, Cedar Falls, and Councilmember Kruse, 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 #23,781 duly passed and adopted. 54968 - It was moved by Latta and seconded by Hawbaker that Resolution #23,782,  -4- approving and authorizing the expenditure of funds for the purchase of an Aerial Platform Apparatus for the Public Safety Department, be adopted. Following a question by Councilmember Schultz, 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 #23,782 duly passed and adopted. 54969 - It was moved by Kruse and seconded by Crisman that Resolution #23,783, approving and authorizing execution of a Service/Product Agreement for Compost Facility Management Services with T & W Grinding relative to management of the City’s compost facility, be approved. Following questions by Councilmembers Schultz, Kruse, and Ganfield, and responses by Operations & Maintenance Division Manager Heath and Director of Public Works Schrage, 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 #23,783 duly passed and adopted. 54970 - It was moved by Latta and seconded by Kruse that Ordinance #3081, amending Chapter 19, Streets and Sidewalks, of the Code of Ordinances relative to work performed within city right-of-way or property, be passed upon its first consideration. Following a comment by Kim 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. 54971 - It was moved by Kruse and seconded by Crisman that Ordinance #3082, repealing Section 3-46, painter’s or erector’s license, of Chapter 3, Advertising, and Section 7-93, Bond; guarantee of service, of Chapter 7, Buildings and Building Regulations, of the Code of Ordinances, 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. 54972 - It was moved by Crisman and seconded by Hawbaker that Ordinance #3083, amending Chapter 7, Buildings and Building Regulations, of the Code of Ordinances relative to Insurance, and Chapter 25, Vehicles for Hire, of the Code of Ordinances relative to liability insurance required, be passed upon its first consideration. Following comments and questions by Councilmembers Schultz and Ganfield, and responses by Mayor Laudick 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. 54973 - It was moved by Latta and seconded by Kruse that Ordinance #3084, amending Chapter 7, Buildings and Building Regulations, of the Code of Ordinances relative to bond and issuance, Chapter 10, Garbage and Refuse, of the Code of Ordinances relative to unlawful dumping; filling on private land, and Chapter 13, Licenses and Business Regulations, of the Code of Ordinances relative to bond,  -5- 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. 54974- It was moved by Kruse and seconded by Hawbaker that the bills and claims of September 16, 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. 54975 - Councilmember Kruse requested information regarding the routing of traffic at the intersection of 1st Street and Union Road during construction. Director of Public Works Schrage responded. Councilmember Schultz commended the contractors for their work on replacing the concrete behind City Hall. City Administrator Gaines noted the work was done by Public Works staff. Mayor Laudick read a letter from Cedar Falls Utilities General Manager Susan Abernathy commending the Library staff for their assistance in helping CFU customers with converting their email addresses to a new platform. 54976 - Following comments by Mayor Laudick and Councilmember Kruse, no referral was made regarding Land Use Permits and fees. City Administrator Gaines and Director of Community Development Sheetz commented. 54977 - It was moved by Kruse and seconded by Crisman that the meeting be adjourned at 8:17 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk