City Council Meeting

CITY HALL CEDAR FALLS, IOWA, OCTOBER 21, 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 7:06 P.M. on the above date. Members present: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Absent: None. Mayor Laudick led the Pledge of Allegiance. 54994 - It was moved by Kruse and seconded by Hawbaker that the minutes of the Regular Meeting of October 7, 2024 be approved as presented and ordered of record. Motion carried unanimously. 54995 - The Mayor then asked if there were any agenda revisions. City Clerk Kerr noted that item #22 on the Resolution Calendar was being removed from the agenda as payment was received. 54996 - Director of Community Development Sheetz announced a ribbon cutting at the Orchard Hill Park for the Pickleball Complex on Friday, October 25, 2024 at 4 PM. 54997 - Mayor Laudick announced that in accordance with the public notice of October 3, 2024, this was the time and place for a public hearing on the application for voluntary annexation of certain real estate to the City of Cedar Falls. It was then moved by Kruse and seconded by Latta that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 54998 - The Mayor then asked if there were any written communications filed to the proposed annexation. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an update on the proposed annexation process. Following questions and comments by Councilmembers Kruse and Schultz, and responses by Graham and City Attorney Rogers, the Mayor declared the hearing closed and passed to the next order of business. 54999 - It was moved by Kruse and seconded by Hawbaker that Resolution #23,798, approving the voluntary annexation of property to the City of Cedar Falls which lies within two (2) miles of the corporate boundaries of the City of Hudson, 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 #23,798 duly passed and adopted. 55000 - Mayor Laudick announced that in accordance with the public notice of October 3, 2024, this was the time and place for a public hearing on the City's FFY23 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) funded activities from July 1, 2023 through June 30, 2024. It was then moved by Kruse and seconded by Crisman that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously.  -2- 55001 - The Mayor then asked if there were any written communications filed to the proposed report. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Community Services Supervisor Denning provided an update on the proposed report. There being no one else present wishing to speak about the proposed report, the Mayor declared the hearing closed and passed to the next order of business. 55002 - It was moved by Ganfield and seconded by Crisman that Resolution #23,799, approving and authorizing submission of the City's FFY23 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) funded activities from July 1, 2023 through June 30, 2024, 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 #23,799 duly passed and adopted. 55003 - Mayor Laudick announced that in accordance with the public notice of October 10, 2024, this was the time and place for a public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to allowing accessory dwelling units in all zoning districts that allow single-unit detached dwellings. It was then moved by Crisman and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55004 - The Mayor then asked if there were any written communications filed to the proposed amendments. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Planner II Sevy provided an update on the proposed amendments. Following questions and comments by Councilmembers Ganfield, Kruse, Schultz, and Dunn, and Mayor Laudick, responses by Sevy and City Attorney Rogers, and comments from Cedar Falls residents Craig Fairbanks, Kim Jensen Jordan, and Kyle Larson, the Mayor declared the hearing closed and passed to the next order of business. 55005 - It was moved by Crisman and seconded by Hawbaker 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 first consideration. Following comments by Councilmembers Ganfield, Kruse, Hawbaker, Schultz, Crisman, and Latta, and responses by Planner II Sevy 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. 55006 - It was moved by Latta and seconded by Crisman 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 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, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance  -3- #3081 duly passed and adopted. 55007 - It was moved by Crisman and seconded by Kruse 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 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, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance #3082 duly passed and adopted. 55008 - It was moved by Crisman and seconded by Latta 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 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, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance #3083 duly passed and adopted. 55009 - It was moved by Ganfield 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, 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, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Ordinance #3084 duly passed and adopted. 55010 - It was moved by Hawbaker and seconded by Crisman 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 7, 2024 relative to the following items: a) Animal Control Task Force Update. b) Big Woods Campground Expansion. Receive and file communication from the Civil Service Commission relative to the following certified list: a) Public Safety Officer. Receive and file revised bylaws for the Human Rights Commission. Approve a request for a temporary sign at 410 Main Street with removal on October 21, 2025. Approve the following applications for retail alcohol licenses: a) Peppers Grill & Sports Pub, 620 East 18th Street, Class C retail alcohol -  -4- renewal. b) SingleSpeed Brewing Co., 128 Main Street, Class C retail alcohol, Special Class A beer & outdoor service - renewal. c) Casey's General Store, 601 Main Street, Class E retail alcohol - renewal. d) Fareway Store, 214 North Magnolia Drive, Class E retail alcohol - renewal. Motion carried unanimously. 55011 - It was moved by Crisman and seconded by Ganfield to approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions: a) Tori Hale, Community Center & Senior Services Board, term ending 06/30/2027. b) Timothy Kuhlmann, Historic Preservation Commission, term ending 03/31/2026. Following comments by Councilmember Crisman and Timothy Kuhlmann, the motion carried unanimously. 55012 - It was moved by Crisman and seconded by Schultz to approve the application of Greenleaf Tobacco & Vape, 6820 University Avenue, for a cigarette/tobacco/nicotine/vapor permit. Following comments and questions by Councilmembers Latta, Ganfield, Kruse, Schultz, and Crisman, and Mayor Laudick, and responses by Director of Community Development Sheetz and City Attorney Rogers, the motion carried 4-3, with Schultz, Kruse and Ganfield voting Nay. 55013 - It was moved by Hawbaker and seconded by Kruse that the following resolutions be introduced and adopted: Resolution #23,800, approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of $4,520,000 General Obligation Loan Notes, Series 2024, and levying a tax to pay said notes; and approving the Tax Exemption Certificate and Continuing Disclosure Certificate. Resolution #23,801, levying a final assessment for costs incurred by the City to mow the property located at 422 Performance Drive. Resolution #23,802, levying a final assessment for costs incurred by the City to mow the property located at 809 Tremont Street. Resolution #23,803, levying a final assessment for costs incurred by the City to mow the property located at 1309 State Street. Resolution #23,804, levying a final assessment for costs incurred by the City to mow the property located at 2013 Maplewood Drive. Resolution #23,805, levying a final assessment for costs incurred by the City to mow the property located at 2920 Valley High Drive. Resolution #23,806, levying a final assessment for costs incurred by the City to mow the property located at 3120 Homeway Drive.  -5- Resolution #23,807, approving and accepting a Warranty Deed for property located at 1709 East Ridgewood Drive relative to the North Cedar Heights Area Reconstruction Project. Resolution #23,808, approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with Foth Infrastructure & Environment, LLC relative to the Katoski Drive Box Culvert Replacement Project. Resolution #23,809, setting November 4, 2024 as the date of public hearing to consider vacating a utility easement at 1907 Valley High Drive. Resolution #23,810, setting November 4, 2024 as the date of public hearing to consider entering into a proposed Agreement for Private Development and to consider conveyance of certain city-owned real estate to Odell Collision Center, LLC. Resolution #23,811, setting November 4, 2024 as the date of public hearing on a proposed ordinance granting a partial property tax exemption to Amazon.com Services, LLC for a new industrial use warehouse facility constructed at 6417 Innovation Drive. Resolution #23,812, setting November 4, 2024 as the date of public hearing on a proposed ordinance granting a partial property tax exemption to Cedar Falls Partners, LLC for a new industrial use warehouse facility constructed at 6700 Innovation Drive. Resolution #23,813, setting November 4, 2024 as the date of public hearing on a proposed ordinance granting a partial property tax exemption to McDonald Construction & Remodeling, LLC for a new industrial use warehouse facility constructed at 1701 Rail Way. 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 #23,800 through #23,813 duly passed and adopted. 55014 - It was moved by Kruse and seconded by Hawbaker that Resolution #23,814, levying a final assessment for costs incurred by the City to mow the property located at 803-805 Tremont Street, be adopted. Following a comment by Councilmember Schultz, and response by Director of Community Development Sheetz, 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 #23,814 duly passed and adopted. 55015 - It was moved by Kruse and seconded by Latta that Resolution #23,815, levying a final assessment for costs incurred by the City to remove a tree from the property located at 1937 Clay Street, be adopted. Following comments by Kim Jensen Jordan, Cedar Falls, and response by Director of Public Works Schrage, the Mayor put the question on the motion and upon call of the roll, the following  -6- named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The Mayor then declared Resolution #23,815 duly passed and adopted. 55016 - It was moved by Crisman and seconded by Latta that Resolution #23,816, approving additional funding relative to the Community Natatorium Project, be adopted. Following comments and questions by Councilmembers Schultz, Ganfield, Dunn, Kruse, Latta, and Hawbaker, and responses by Director of Community Development Sheetz, City Administrator Gaines, Director of Finance & Business Operations Rodenbeck, Mayor Laudick, CFHS Superintendent Dr. Andy Pattee, and Jump In Co-Chair Lorelei Redfern, and comments 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, Crisman, Dunn. Nay: Ganfield. Motion carried. The Mayor then declared Resolution #23,816 duly passed and adopted. 55017 - It was moved by Dunn and seconded by Latta that Resolution #23,817, approving and authorizing execution of a Professional Service Agreement with Codametrics, Inc. relative to the College Hill Zoning Update Project, be adopted. Following comments by Councilmember Kruse, and responses by Planning & Community Services Manager Howard, 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 #23,817 duly passed and adopted. 55018 - It was moved by Crisman and seconded by Hawbaker that Resolution #23,818, approving an amendment to the PC-2, Planned Commercial Zoning District site plan for certain improvements located at 924 West Viking Road, be adopted. Following questions and comments by Councilmembers Ganfield, Latta, Hawbaker, and Crisman, and Mayor Laudick, and responses by Planning & Community Services Manager Howard and Director of Community Development Sheetz, 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 #23,818 duly passed and adopted. 55019 - It was moved by Ganfield and seconded by Crisman that Resolution #23,819, approving an amendment to the RP Planned Residence District Master Plan and site plan to reflect existing development and proposed construction of a building addition to be located north of Greenwood Cemetery and North Division Street (Riverview Ministries), be adopted. Following comments by Councilmember Ganfield, 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 #23,819 duly passed and adopted. 55020 - It was moved by Ganfield and seconded by Crisman that Resolution #23,820, approving a Planned Residential (RP) Zoning District site plan amendment for the Creekside Condominium Development relative to landscaped retaining wall located at the intersection of Cedar Heights Drive and Valley High Drive, be adopted. Following comments by Mayor Laudick, questions and comments by  -7- Councilmembers Dunn and Ganfield, and responses by Developer Kyle Larson, 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 #23,820 duly passed and adopted. 55021 - It was moved by Ganfield and seconded by Latta that Resolution #23,821, approving the Certificate of Completion and accepting the work of Peterson Contractors, Inc. for the 2023 Street Construction Project, and approving and authorizing the transfer of funds from the Street Construction Fund and Sanitary Sewer Rental Fund to the Street Repair Fund (LOST), 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 #23,821 duly passed and adopted. 55022 - It was moved by Crisman and seconded by Dunn that Resolution #23,822, receiving and filing, and setting November 4, 2024 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Seerley Park Improvements Project, be adopted. Following comments by Councilmember Hawbaker, 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: Ganfield. Motion carried. The Mayor then declared Resolution #23,822 duly passed and adopted. 55023 - 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 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. 55024- It was moved by Latta and seconded by Crisman that the bills and claims of October 21, 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. 55025 - Mayor Laudick congratulated Councilmember Latta on his 20 under 40 recognition. Mayor also recognized Councilmember Ganfield on his certification with the Iowa League of Cities as a Certified Elected Municipal Official, and City Clerk Kerr on receiving her Certified Municipal Clerk certification. Councilmember Crisman mentioned the Mayor’s Halloween House decorating Contest with judging on Thursday, October 24, 2024. Councilmember Ganfield encouraged citizens to vote in the upcoming general election.  -8- 55026 - It was moved by Kruse to refer a discussion to address a two-bedroom option be incorporated into ADU language and an egress window requirement to match current rental code. Following comments by Mayor Laudick, the motion failed due to lack of a second. It was moved by Latta and seconded by Ganfield to refer to staff to evaluate potential options for an ordinance change relative to vape, tobacco, cbd, and marijuana shops as it relates to proximity of school property. Following a comment by Councilmember Ganfield, the motion passed unanimously. 55027 - It was moved by Hawbaker 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, Ganfield, Crisman, Dunn. Nay: None. Motion carried. The City Council adjourned to Executive Session at 9:11 P.M. Mayor Laudick reconvened the Council meeting at 9:26 P.M. 55028 - It was moved by Hawbaker and seconded by Dunn that the meeting be adjourned at 9:27 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk