City Council Meeting

CITY HALL CEDAR FALLS, IOWA, NOVEMBER 18, 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, Crisman, Dunn. Absent: Ganfield. Mayor Laudick led the Pledge of Allegiance. 55059 - It was moved by Crisman and seconded by Dunn that the minutes of the Regular Meeting of November 4, 2024 be approved as presented and ordered of record. Motion carried unanimously. 55060 - Mayor Laudick commented on hate crimes and discrimination and asked citizens to report any incidents to Public Safety, the Human Rights Commission and/or elected officials. 55061 - Dennis Pruckler, Cedar Falls, commented on the benefits of opening the side channels of the Cedar River. 55062 - Director of Public Works Schrage provided an update on holiday refuse collection. He also commented on the opening of Main Street and Highway 58 and Ridgeway Avenue. 55063 - Mayor Laudick announced that in accordance with the public notice of November 9, 2024, this was the time and place for a public hearing to consider entering into an Agreement for Private Development with BALOS, LLC. It was then moved by Latta and seconded by Crisman that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55064 - The Mayor then asked if there were any written communications filed to the proposed agreement. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. City Administrator Gaines provided an overview on the proposed agreement. Following comments by owner Jamie Fettkether, Cedar Falls, the Mayor declared the hearing closed and passed to the next order of business. 55065 - It was moved by Crisman and seconded by Latta that Resolution #23,848, approving and authorizing execution of an Agreement for Private Development with BALOS, 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, Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #23,848 duly passed and adopted. 55066 - Mayor Laudick announced that in accordance with the public notice of November 9, 2024, this was the time and place for a 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. It was then moved by Latta and seconded by Crisman that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously.  -2- 55067 - 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. City Engineer Wicke provided an overview 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. 55068 - It was moved by Crisman and seconded by Dunn that Resolution #23,849, approving a public improvement project for the Union Road Culvert Replacement Project, and to authorize acquisition of private property for said 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, Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #23,849 duly passed and adopted. 55069 - Mayor Laudick announced that in accordance with the public notice of November 9, 2024, this was the time and place for a public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Katoski Drive Bridge Replacement Project. It was then moved by Crisman and seconded by Latta that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55070 - 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. City Engineer Wicke provided an overview 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. 55071 - It was moved by Crisman and seconded by Dunn that Resolution #23,850, approving and adopting the plans, specifications, form of contract & estimate of cost for the Katoski Drive Bridge Replacement Project, be adopted. Following questions by Councilmember Schultz and responses by City Engineer Wicke, 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: None. Motion Carried. The Mayor then declared Resolution #23,850 duly passed and adopted. 55072 - Mayor announced that this was the time and place for a hearing on the proposed condemnation of property located at 818 West Seerley Boulevard. The Mayor then asked if there were any written communications filed to the proposed condemnation. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Building Official Castle provided an update on the property. Following comments by the property owner’s Attorney Thomas Verhulst, Mayor declared the hearing closed and passed to the next order of business. 55073 - Following comments by City Attorney Rogers, Mayor Laudick, Councilmembers Latta and Kruse, and City Administrator Gaines, it was moved by Dunn and seconded by Crisman to declare the structure located at 818 West Seerley Boulevard is unsafe and the property is otherwise a nuisance pursuant to the Cedar Falls Code of Ordinances. Motion carried 5-0, with Schultz abstaining.  -3- 55074 - Following questions and comments by Mayor Laudick and City Administrator Gaines, and responses by City Attorney Rogers, it was moved by Dunn and seconded by Latta to approve the abatement process as recommended by staff. Following questions and comments by Councilmembers Dunn, Crisman, Latta, and Kruse, and responses by Building Official Castle and Mayor Laudick, the motion carried 5-0, with Schultz abstaining. 55075- It was moved by Latta and seconded by Crisman that Resolution #23,851, declaring the structures located at 818 West Seerley Boulevard to be unsafe and the property to otherwise be a nuisance pursuant to the Cedar Falls Code of Ordinances and ordering destruction of unsafe structures or abatement by the owner by a date certain and failing that, by the City at the owner's cost, 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: Latta, Kruse, Hawbaker, Crisman, Dunn. Nay: None. Abstain: Schultz. Motion carried. The Mayor then declared Resolution #23,851 duly passed and adopted. 55076 - Mayor announced that this was the time and place for a hearing on the proposed condemnation of property located at 804-806 West Seerley Boulevard. The Mayor then asked if there were any written communications filed to the proposed condemnation. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Building Official Castle provided an update on the property. Following comments by the property owner’s Attorney Thomas Verhulst, Mayor declared the hearing closed and passed to the next order of business. 55077 - It was moved by Dunn and seconded by Kruse to declare the structure located at 804-806 West Seerley Boulevard is unsafe and the property is otherwise a nuisance pursuant to the Cedar Falls Code of Ordinances. Motion carried 5-0, with Schultz abstaining. 55078 - It was moved by Crisman and seconded by Dunn to approve the abatement process as recommended by staff. Following comments by Councilmember Latta, the motion carried 5-0, with Schultz abstaining. 55079- It was moved by Crisman and seconded by Latta that Resolution #23,852, declaring the structure located at 804-806 West Seerley Boulevard to be unsafe and the property to otherwise be a nuisance pursuant to the Cedar Falls Code of Ordinances and ordering destruction of unsafe structures or abatement by the owner by a date certain and failing that, by the City at the owner's cost, 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: Latta, Kruse, Hawbaker, Crisman, Dunn. Nay: None. Abstain: Schultz. Motion carried. The Mayor then declared Resolution #23,852 duly passed and adopted. 55080 - Mayor announced that this was the time and place for a hearing on the proposed condemnation of property located at 2413 Olive Street. The Mayor then asked if there were any written communications filed to the proposed condemnation. Upon being advised that there were no written communications on file, the Mayor  -4- then called for oral comments. Building Official Castle provided an update on the property. Following comments by the property owner’s Attorney Thomas Verhulst, Mayor declared the hearing closed and passed to the next order of business. 55081 - It was moved by Dunn and seconded by Latta to declare the structure located at 2413 Olive Street is unsafe and the property is otherwise a nuisance pursuant to the Cedar Falls Code of Ordinances. Following comments by Councilmember Kruse, the motion carried 5-0, with Schultz abstaining. 55082 - It was moved by Dunn and seconded by Crisman to approve the abatement process as recommended by staff. Motion carried 5-0, with Schultz abstaining. 55083- It was moved by Crisman and seconded by Latta that Resolution #23,853, declaring the structure located at 2413 Olive Street to be unsafe and the property to otherwise be a nuisance pursuant to the Cedar Falls Code of Ordinances and ordering destruction of unsafe structures or abatement by the owner by a date certain and failing that, by the City at the owner's cost, 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: Latta, Kruse, Hawbaker, Crisman, Dunn. Nay: None. Abstain: Schultz. Motion carried. The Mayor then declared Resolution #23,853 duly passed and adopted. 55084 - It was moved by Latta and seconded by Crisman 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 third & 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: Latta, Hawbaker, Crisman, Dunn. Nay: Schultz, Kruse. Motion carried. The Mayor then declared Ordinance #3085 duly passed and adopted. 55085 - It was moved by Crisman and seconded by Latta 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 third & 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, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance #3086 duly passed and adopted. 55086 - It was moved by Latta and seconded by Crisman 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 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, Crisman, Dunn. Nay: None. Motion carried. 55087 - It was moved by Dunn and seconded by Crisman that Ordinance #3088, granting a partial property tax exemption to Cedar Falls Partners, LLC for a new industrial  -5- use warehouse facility at 6700 Innovation Drive, 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, Crisman, Dunn. Nay: None. Motion carried. 55088 - It was moved by Crisman and seconded by Dunn 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 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, Crisman, Dunn. Nay: None. Motion carried. 55089 - It was moved by Crisman and seconded by Latta 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 November 4, 2024 relative to the following items: a) FY2024 Annual Comprehensive Financial Report. b) Cedar Falls Community Foundation Update. Receive and file Departmental Quarterly Reports of July - September 2024. Receive and file the Bi-Annual Report of Community Main Street relative to FY25 Self-Supported Municipal Improvement District (SSMID) funds and an FY25 Economic Development Grant. Approve the following applications for retail alcohol licenses: a) Hansen's Dairy, 123 East 18th Street, Class B retail alcohol - renewal. b) Alist Nails & Spa, 6015 University Avenue, Special Class C retail alcohol - renewal. c) Cedar Falls Community Theatre, 103 Main Street, Special Class C retail alcohol - renewal. d) Cedar Falls Family Restaurant, 2627 Center Street, Special Class C retail alcohol - renewal. e) Rancho Chico, 618 Brandilynn Boulevard, Class C retail alcohol - renewal. f) Residences at University Heights, 5826 University Avenue, Class C retail alcohol - renewal. g) The Brown Bottle, 1111 Center Street, Class C retail alcohol & outdoor service - renewal. h) Fareway Store, 4500 South Main Street, Class E retail alcohol - renewal. Motion carried unanimously. 55090 - It was moved by Latta and seconded by Crisman that the following resolutions be introduced and adopted: Resolution #23,854, approving and authorizing execution of an Access Agreement for Solid Waste Collection Services with Western Home Independent Living Services, Inc., relative to garbage, yard waste and refuse services.  -6- Resolution #23,855, approving and authorizing execution of a Professional Service Agreement with AECOM Technical Services, Inc. relative to the RAISE Grant application for the Highway 58 & Greenhill Road Interchange Construction Project. Resolution #23,856, approving and authorizing execution of a License Agreement with Aureon Network Services relative to installing a fiber optic telecommunications system within the public right-of-way of West 2nd Street. Resolution #23,857, approving the Certification of Completion and accepting the work of Peterson Contractors, Inc. for the Cedar River Recreational River Area and Riverbank Improvements Project, and approving the transfer of funds from the Capital Projects Fund-General Fund Savings, Hotel/Motel-Parks Fund, and the Tourism Cash Reserves to the Emergency Reserve Fund. Resolution #23,858, approving the Certification of Completion and accepting the work of Peterson Contractors, Inc. for the West Viking Road Industrial Park Phase V & VI Project. Resolution #23,859, approving and authorizing execution of an Encroachment Agreement with the State of Iowa Board of Regents relative to the installation of two (2) "Iowa Roadside Management" signs within the public right-of-way in conjunction with the West 27th Street Reconstruction Project. Resolution #23,860, approving and authorizing execution of an Agreement for asbestos removal and disposal services with REW Services Corp relative to property located at 4109 West 1st Street. 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, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Resolutions #23,854 through #23,860 duly passed and adopted. 55091 - It was moved by Crisman and seconded by Dunn that the bills and claims of November 18, 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, Crisman, Dunn. Nay: None. Motion carried. 55092 - It was moved by Latta and seconded by Crisman to adjourn to Executive Session to discuss Property Acquisition per Iowa Code Section 21.5(1)(j) to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property or reduce the price the governmental body would receive for that property. Upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Crisman, Dunn. Nay: None. Motion carried. The City Council adjourned to Executive Session at 8:08 P.M.  -7- Mayor Laudick reconvened the Council meeting at 8:28 P.M. 55093 - It was moved by Latta and seconded by Crisman that the meeting be adjourned at 8:29 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk