City Council Meeting

CITY HALL CEDAR FALLS, IOWA, NOVEMBER 4, 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. 55029 - It was moved by Kruse and seconded by Crisman that the minutes of the Regular Meeting of October 21, 2024 be approved as presented and ordered of record. Motion carried unanimously. 55030 - Chad Welsh, Cedar Falls, commented on the recent approval of changes to a project after completion and expressed frustration with his experience regarding the expansion and landscaping of a commercial property he owns. Dennis Pruckler, Cedar Falls, commented on the Whitewater Park and expressed concerns with the effects that it may have on flooding. 55031 - Mayor Laudick announced that in accordance with the public notice of October 26, 2024, this was the time and place for a public hearing to consider vacating a utility easement at 1907 Valley High Drive. It was then moved by Latta and seconded by Kruse that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55032 - The Mayor then asked if there were any written communications filed to the proposed vacation. 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 overview on the proposed vacation. There being no one else present wishing to speak about the proposed vacation, the Mayor declared the hearing closed and passed to the next order of business. 55033 - It was moved by Ganfield and seconded by Crisman that Resolution #23,823, approving and authorizing vacation of a utility easement at 1907 Valley High Drive, 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 #23,823 duly passed and adopted. 55034 - Mayor Laudick announced that in accordance with the public notice of October 26, 2024, this was the time and place for a public hearing to consider entering into an Agreement for Private Development, and to consider conveyance of certain city-owned real estate to Odell Collision Center, LLC. It was then moved by Kruse and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55035 - The Mayor then asked if there were any written communications filed to the proposed agreement and conveyance. Upon being advised that there were no  -2- written communications on file, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview on the proposed agreement and conveyance. There being no one else present wishing to speak about the proposed agreement and conveyance, the Mayor declared the hearing closed and passed to the next order of business. 55036 - It was moved by Kruse and seconded by Latta that Resolution #23,824, approving and authorizing execution of an Agreement for Private Development; and approving and authorizing execution of a Deed Without Warranty, conveying certain city-owned real estate to Odell Collision Center, LLC, 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 #23,824 duly passed and adopted. 55037 - Mayor Laudick announced that in accordance with the public notice of October 26, 2024, this was the time and place for a public hearing on a proposed ordinance granting a partial property tax exemption to Amazon.com Services, LLC for a new industrial use warehouse facility at 6417 Innovation Drive. 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. 55038 - The Mayor then asked if there were any written communications filed to the proposed ordinance. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview on the proposed ordinance. There being no one else present wishing to speak about the proposed ordinance, the Mayor declared the hearing closed and passed to the next order of business. 55039 - It was moved by Hawbaker and seconded by Ganfield that Ordinance #3087, granting a partial property tax exemption to Amazon.com Services, LLC for a new industrial use warehouse facility at 6417 Innovation Drive, 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. 55040 - Mayor Laudick announced that in accordance with the public notice of October 26, 2024, this was the time and place for a public hearing on a proposed ordinance granting a partial property tax exemption to Cedar Falls Partners, LLC for a new industrial use warehouse facility at 6700 Innovation Drive. It was then moved by Kruse and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55041 - The Mayor then asked if there were any written communications filed to the proposed ordinance. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview on the proposed ordinance. Following comments by Kim Jensen Jordan, Cedar Falls, and response by Mayor Laudick, the Mayor declared the hearing closed and passed  -3- to the next order of business. 55042 - It was moved by Ganfield and seconded by Hawbaker that Ordinance #3088, granting a partial property tax exemption to Cedar Falls Partners, LLC for a new industrial use warehouse facility at 6700 Innovation Drive, be passed upon its first consideration. Following comments and questions by Councilmembers Ganfield and Latta, and response by 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. 55043 - Mayor Laudick announced that in accordance with the public notice of October 26, 2024, this was the time and place for a public hearing on a proposed ordinance granting a partial property tax exemption to McDonald Construction & Remodeling, LLC for a new industrial use warehouse facility at 1701 Rail Way. 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. 55044 - The Mayor then asked if there were any written communications filed to the proposed ordinance. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview on the proposed ordinance. There being no one else present wishing to speak about the proposed ordinance, the Mayor declared the hearing closed and passed to the next order of business. 55045 - It was moved by Kruse and seconded by Latta that Ordinance #3089, granting a partial property tax exemption to McDonald Construction & Remodeling, LLC for a new industrial use warehouse facility at 1701 Rail Way, 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. 55046 - Mayor Laudick announced that in accordance with the public notice of October 26, 2024, this was the time and place for a public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Seerley Park Improvements Project. It was then moved by Kruse and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55047 - 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. Director of Public Works Schrage provided an overview on the proposed project. Following comments by College Hill Partnership board member and Seerley Park Renovation Committee Chair Chris Martin, the Mayor declared the hearing closed and passed to the next order of business. 55048 - It was moved by Kruse and seconded by Crisman that Resolution #23,825, approving and adopting the plans, specifications, form of contract & estimate of cost for the Seerley Park Improvements Project, be adopted. Following  -4- comments by Councilmember Crisman, 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 #23,825 duly passed and adopted. 55049 - It was moved by Kruse and seconded by Latta that Ordinance #3085, amending Chapter 26, Zoning, of the Code of Ordinances relative to allowing accessory dwelling units in all zoning districts that allow single-unit detached dwellings, be passed upon its second consideration. Following comments by Councilmember Ganfield, it was moved by Ganfield and seconded by Kruse to amend the motion to allow two bedrooms in accessory dwelling units and refer to the Planning and Zoning Commission for review. Following a question by Mayor Laudick, and Councilmembers Ganfield, Kruse and Hawbaker, and responses by City Attorney Rogers, Director of Community Development Sheetz, Planning & Community Services Manager Howard, and Mayor Laudick, Ganfield withdrew the motion. Following additional comments by Mayor Laudick, and questions and comments by Councilmembers Schultz, Ganfield, Hawbaker, Kruse, and Dunn, and Kim Jordan, Cedar Falls, and responses by Howard and Mayor Laudick, it was moved by Dunn to call the question. Motion carried unanimously. The Mayor then put the question on the original motion, and upon call of the roll, the following named Councilmembers voted. Aye: Latta, Kruse, Hawbaker, Crisman, Dunn. Nay: Schultz, Ganfield. Motion carried. 55050 - It was moved by Kruse and seconded by Crisman that Ordinance #3086, amending Ordinance No. 1923, 2122, 2461, 2696, 2785, 2923 and 2953, providing that general property taxes no longer be divided on certain property located within the amended Cedar Falls Unified Highway 58 Corridor Urban Renewal Area, 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. 55051 - It was moved by Kruse and seconded by Schultz 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 October 21, 2024 relative to the following items: a) Economic Development Incentives/Development of other TIF areas. b) Floodplain Regulations, Environmentally Sensitive Land Survey, Future Land Use Plan, and Resilience Plan. Receive and file the FY2024 Annual Comprehensive Financial Report. Receive and file the FY2024 Annual City Street Finance Report. Approve the following applications for retail alcohol licenses: a) Holiday Inn Express & Suites, 1614 Technology Parkway, Class B retail alcohol - renewal. b) Grid Lounge, 100 East 2nd Street, Special Class C retail alcohol - renewal. c) Tony's La Pizzeria, 407 Main Street, Class C retail alcohol & outdoor service - renewal. d) Urban Pie, 200 State Street, Class C retail alcohol & outdoor service -  -5- renewal. e) Five Corners Liquor & Wine, 809 East 18th Street, Class E retail alcohol - renewal. f) Metro Mart, 103 Franklin Street, Class E retail alcohol - renewal. Motion carried unanimously. 55052 - It was moved by Hawbaker and seconded by Crisman that the following resolutions be introduced and adopted: Resolution #23,826, approving and authorizing submission of the City's FY2024 Annual Urban Renewal Report. Resolution #23,827, authorizing certification of eligible expenses for reimbursement from the College Hill, Downtown, Pinnacle Prairie, South Cedar Falls, and Unified Tax Increment Financing Revenues. Resolution #23,828, approving and authorizing an inter-fund loan from the Stormwater Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Olive Street Box Culvert project costs in the College Hill Urban Renewal Area. Resolution #23,829, approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Downtown Streetscape project costs in the Downtown Urban Renewal Area. Resolution #23,830, approving and authorizing an inter-fund loan from the Street Repair Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Main Street Reconstruction Project - 6th & 7th Street portions in the Downtown Urban Renewal Area. Resolution #23,831, approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Prairie Parkway & Viking Road intersection improvements and Pinnacle Prairie round-a-bout intersection improvements in the Pinnacle Prairie Urban Renewal Area. Resolution #23.832. approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the Hudson & Ridgeway Avenue intersection and the Highway 58 & Ridgeway Avenue improvements in the South Cedar Falls Urban Renewal Area. Resolution #23,833, approving and authorizing an inter-fund loan from the Economic Development Fund to the Tax Increment Financing (TIF) Fund relative to funding for the purchase of land and related expenses in the South Cedar Falls Urban Renewal Area. Resolution #23,834, approving and authorizing an inter-fund loan from the Tax Increment Financing (TIF) Bond Fund to the Tax Increment Financing (TIF) Fund relative to funding for the West Viking Road, Industrial Park Expansion, land acquisition, and other administrative and legal fees in the Unified Urban Renewal  -6- Area. Resolution #23,835, approving and authorizing execution of an Agreement in Support of Cedar Falls Municipal Band relative to FY2025 Cedar Falls Funding. Resolution #23,836. approving and authorizing execution of a Commercial Account Agreement with U.S. Bank National Association relative to procurement card services. Resolution #23,837, approving and authorizing execution of an Agreement with MGT Impact Solutions, LLC relative to a job classification and compensation study. Resolution #23,838, approving and authorizing execution of a Red House Studio Lease with Hannah Carr-Murphy relative to the use of 224 West Seerley Boulevard as artists’ studio space, in conjunction with the Hearst Center’s Visiting Artist Program. Resolution #23,839, approving and authorizing execution of a HOME Investment Partnership Program Consortium Cooperation Agreement with the City of Waterloo for the period of January 11, 2024 to June 30, 2029. Resolution #23,840, approving and authorizing the expenditure of funds for the repair of a pump located in the Final Lift Station for the Water Reclamation Facility. Resolution #23,841, approving the Certification of Completion and accepting the work of Blacktop Service Co. for the 2024 Seal Coat Project, and approving the transfer of funds from the Street Construction Fund to the Street Repair Fund. Resolution #23,842, receiving and filing the Evaluative Report of the Planning & Zoning Commission, and setting December 2, 2024 as the date of public hearing to consider taking action on a petition requesting the reestablishment of the College Hill Self-Supported Municipal Improvement District (SSMID). Resolution #23,843, setting November 18, 2024 as the date of public hearing on a proposal to undertake a public improvement project for the Union Road Culvert Replacement Project , and to authorize acquisition of private property for said project. Resolution #23,844, receiving and filing, and setting November 18, 2024 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Katoski Drive Bridge Replacement 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 #23,826 through #23,844 duly passed and adopted. 55053 - It was moved by Dunn and seconded by Crisman that Resolution #23,845, approving and authorizing execution of an Amendment to Services Agreement with Cope Murphy + Co. LLP relative to providing lobbyist services relative to  -7- legislative action, be adopted. Following comments by Councilmembers Ganfield, Kruse, Crisman, Hawbaker, Schultz, and Latta, and Kim Jordan, Cedar Falls, and responses by 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, Crisman, Dunn. Nay: Ganfield. Motion carried. The Mayor then declared Resolution #23,845 duly passed and adopted. 55054 - It was moved by Ganfield and seconded by Kruse that Resolution #23,846, approving and authorizing execution of a Professional Service Agreement with Raftelis relative to the 2025-2030 Strategic Plan, be adopted. Following comments by Mayor Laudick, questions and comments by Councilmembers Latta, Ganfield, and Kruse, and responses by Director of Finance & Business Operations Rodenbeck 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 #23,846 duly passed and adopted. 55055 - It was moved by Ganfield and seconded by Latta that Resolution #23,847, setting November 18, 2024 as the date of public hearing to consider entering into an Agreement for Private Development with BALOS, LLC, be adopted. Following questions by Kim Jordan, Cedar Falls, and responses by Mayor Laudick, City Administrator Gaines and 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 #23,847 duly passed and adopted. 55056- It was moved by Kruse and seconded by Hawbaker that the bills and claims of November 4, 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. 55057 - Councilmember Ganfield encouraged citizens to vote in the November 5, 2024 election. 55058 - It was moved by Crisman and seconded by Latta that the meeting be adjourned at 8:15 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk