City Council Meeting

CITY HALL CEDAR FALLS, IOWA, JANUARY 21, 2025 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. 55136 - It was moved by Crisman and seconded by Dunn that the minutes of the Regular Meeting of January 6, 2025 be approved as presented and ordered of record. Motion carried unanimously. 55137 - Dennis Pruckler, Cedar Falls, provided an overview of slides he sent to Councilmembers regarding “engineering with nature” and flooding issues both above and below the dam. 55138 - Director of Community Development Sheetz encouraged the public to participate in the Your City Your Parks survey which is open through January 31, 2025. Mayor Laudick acknowledged Isaac Mata who will soon be appointed as the new UNI Student Liaison. 55139 - Mayor Laudick announced that in accordance with the public notice of January 7, 2025, this was the time and place for a public hearing on the proposed FY2025- FY2030 Capital Improvements Program (CIP). It was then moved by Ganfield and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55140 - The Mayor then asked if there were any written communications filed to the proposed CIP. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Director of Finance & Business Operations Rodenbeck provided an overview on the proposed CIP. Following a question by Councilmember Kruse and response by Rodenbeck, public comments by Cedar Falls residents Roger White and Kim Jensen Jordan, and additional comments by Councilmembers Kruse and Ganfield, and Mayor Laudick, the Mayor declared the hearing closed and passed to the next order of business. 55141 - It was moved by Kruse and seconded by Latta that Resolution #23,905, approving and adopting the FY2025-FY2030 Capital Improvements Program (CIP), be adopted. Following questions and comments by Councilmembers Ganfield, Kruse, and Schultz, 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 #23,905 duly passed and adopted. 55142 - It was moved by Dunn and seconded by Ganfield that Resolution #23,906, declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects, 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,  -2- Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #23,906 duly passed and adopted. 55143 - Mayor Laudick announced that in accordance with the public notice of January 11, 2025, this was the time and place for a public hearing to consider entering into an Agreement for Private Development with BT Holdings, LLC. It was then moved by Crisman and seconded by Kruse that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55144 - 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. Economic Development Coordinator Graham provided an overview on the proposed agreement. Following questions and comments by Councilmembers Ganfield, Kruse, Latta, Schultz, Dunn, and Hawbaker, and responses by Graham, Mayor Laudick, and City Attorney Rogers, the Mayor declared the hearing closed and passed to the next order of business. 55145 - It was moved by Ganfield and seconded by Schultz that Resolution #23,907, approving and authorizing execution of an Agreement for Private Development with BT Holdings, LLC, be adopted. Following comments by 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 #23,907 duly passed and adopted. 55146 - Mayor Laudick announced that in accordance with the public notice of January 11, 2025, this was the time and place for a public hearing to consider entering into an Agreement for Private Development with UMENB, LLC. It was then moved by Latta and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55147 - 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. Economic Development Coordinator Graham provided an overview on the proposed agreement. There being no one else present wishing to speak about the proposed agreement, the Mayor declared the hearing closed and passed to the next order of business. 55148 - It was moved by Ganfield and seconded by Schultz that Resolution #23,908, approving and authorizing execution of an Agreement for Private Development with UMENB, 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 #23,908 duly passed and adopted. 55149 - Mayor Laudick announced that in accordance with the public notice of December 19, 2024, this was the time and place for a public hearing on a proposed Multiresidential Urban Revitalization Plan for a proposed Urban Revitalization Area. It was then moved by Ganfield and seconded by Crisman that the proof of  -3- publication of notice of hearing be received and placed on file. Motion carried unanimously. 55150 - The Mayor then asked if there were any written communications filed to the proposed plan. Upon being advised that there were written communications placed in the Council materials, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview on the proposed plan. Following questions and comments by Councilmembers Kruse and Ganfield, and Mayor Laudick, and responses by Graham, and public comments from Cedar Falls residents, Luke Hannenberg, Joni Snyder, and Kim Jensen Jordan, and additional comments by Mayor Laudick, the Mayor declared the hearing closed and passed to the next order of business. 55151 - It was moved by Crisman and seconded by Hawbaker that Resolution #23,909, approving and adopting the Multiresidential Urban Revitalization Plan for a proposed Urban Revitalization Area, be adopted. Following comments and questions by Councilmembers Ganfield, Schultz, Kruse, Dunn, and Crisman, and responses by Economic Development Coordinator Graham and Mayor Laudick, it was moved by Kruse and seconded by Ganfield to defer to the February 3, 2025 City Council Meeting to direct staff to remove the lower southern sections from the incentive overlay. Following questions and comments by Councilmembers Crisman, Schultz, Dunn, Ganfield, Hawbaker, Latta, and Kruse, and responses by Mayor Laudick and Graham, and public comments in support of deferral by Cedar Falls residents by Joni Snyder, Luke Hannenberg, and Kim Jensen Jordan, the motion to defer failed 3-4, with Latta, Hawbaker, Crisman, and Dunn voting Nay. Following additional questions by Councilmembers Schultz and Kruse, and responses by Graham, City Administrator Gaines, and Mayor Laudick, the Mayor then put the question on the original motion and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Hawbaker, Crisman, Dunn. Nay: Kruse, Ganfield. Motion Carried. The Mayor then declared Resolution #23,909 duly passed and adopted. 55152 - It was moved by Crisman and seconded by Dunn that Ordinance #3093, designating the Multiresidential Urban Revitalization Area of the City of Cedar Falls, Iowa, 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, Crisman, Dunn. Nay: Ganfield. Motion carried. 55153 - Mayor Laudick announced that in accordance with the public notice of January 11, 2025, this was the time and place for a public hearing on the proposed rezoning from R-2, Residential District, to MU, Mixed Use Residential District of property located at 4616 Cedar Heights Drive. 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. 55154 - The Mayor then asked if there were any written communications filed to the proposed rezoning. 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 rezoning. Following questions by Councilmember Ganfield and responses by  -4- Howard, and public comments from Kim Jensen Jordan, Cedar Falls, the Mayor declared the hearing closed and passed to the next order of business. 55155 - It was moved by Ganfield and seconded by Crisman that Ordinance #3094, amending the Zoning Map by removing approximately 13.28 acres of property located at the southeast corner of Greenhill and Cedar Heights from R-2, Residential District, and placing the same into MU, Mixed Use Residential District, be passed upon its first consideration. Following comments and questions by Councilmembers Crisman, Ganfield, Kruse, and Schultz, 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, Ganfield, Crisman, Dunn. Nay: None. Motion carried. 55156 - Mayor Laudick announced that in accordance with the public notice of January 11, 2025, this was the time and place for a public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2025 Sanitary Sewer Rehabilitation Project. 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. 55157 - 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. Water Reclamation Manager Griffin provided an overview on the proposed project. Following a question by Councilmember Kruse and response by Griffin, the Mayor declared the hearing closed and passed to the next order of business. 55158 - It was moved by Kruse and seconded by Hawbaker that Resolution #23,910, approving and adopting the plans, specifications, form of contract & estimate of cost for the 2025 Sanitary Sewer Rehabilitation 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 #23,910 duly passed and adopted. 55159 - It was moved by Ganfield and seconded by Kruse that Ordinance #3092, providing that general property taxes levied and collected each year on all property located within the Hidden Pines Urban Renewal Area, in the City of Cedar Falls, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Cedar Falls, County of Black Hawk, Cedar Falls Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to an indebtedness, including bonds issued or to be issued, incurred by the City in connection with the Hidden Pines 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. 55160 - It was moved by Kruse and seconded by Hawbaker 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 January 6,  -5- 2025 relative to the following items: a) College Hill Incentive Request. b) Presentation of 5 Year Capital Improvements Plan. Approve the application of Cloud 9 Glass & Novelty, 2125 College Street, Suite C, for a device retailer permit. Approve the following applications for retail alcohol licenses: a) Fraternal Order of Eagles, 2125 West Lone Tree Road, Class C retail alcohol & outdoor service - renewal. b) Kwik Spirits, 4116 University Avenue, Class E retail alcohol - renewal. c) Mezcalitos Mexican Grill, 1704 West 1st Street, Class C retail alcohol - new. d) MINIMART, 1420 West 1st Street, Class E retail alcohol - new - change in ownership. Motion carried unanimously. 55161 - It was moved by Hawbaker and seconded by Latta that the following resolutions be introduced and adopted: Resolution #23,911, levying a final assessment for costs incurred by the City to mow the property located at 803-805 Tremont Street. Resolution #23,912, levying a final assessment for costs incurred by the City to mow the property located at 904 West 3rd Street. Resolution #23,913, levying a final assessment for costs incurred by the City to mow the property located at 2210 Iowa Street. Resolution #23,914, levying a final assessment for costs incurred by the City to mow the property located at 2318 California Street. Resolution #23,915, approving and authorizing execution of an Advertising Agreement with Lee Enterprises, Incorporated, d/b/a Courier Communications relative to recruitment advertising. Resolution #23,916, approving and authorizing execution of a Lease with Doug Wetlaufer relative to property vacated by flood buyout programs. Resolution #23,917, approving and authorizing execution of an Iowa Tourism Grant Agreement with Iowa Economic Development Authority (IEDA) relative to promotional materials to promote the Gateway Water Trail. Resolution #23,918, approving and authorizing submission of a Letter of Intent to the Black Hawk County Gaming Association relative to an application for funding for a Seerley Park bathroom facility. Resolution #23,919, approving submission of an application for the 2025 Rebuilding American Infrastructure with Sustainability and Equity RAISE Grant Program relative to reconstruction of Highway 58 & Greenhill Road Interchange Construction Project. Resolution #23,920, 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-ways of Bluebell Road, Coneflower Parkway, Greenhill Road, and Prairie Parkway.  -6- Resolution #23,921, setting February 3, 2025 as the date of public hearing to consider entering into a proposed Amended and Restated Agreement for Private Development with CV Commercial, L.L.C. Resolution #23,922, setting February 3, 2025 as the date of public hearing on the proposed rezoning from A-1, Agricultural Zoning District to PC-2, Planned Commercial District approximately 75.84 acres of property located at the northeast corner of US Highway 20 and Hudson Road. Resolution #23,923, setting February 3, 2025 as the date of public hearing on proposed amendments to the Cedar Falls Zoning Map, specifically to amend the Downtown Character District Regulating Plan changing the “Neighborhood Small” frontage designation to “Urban General 2” frontage designation on Walnut and Olive Streets in the first block south of West 1st Street. Resolution #23,924, terminating the College Hill Urban Revitalization Plan for the College Hill Urban Revitalization Area and ending the College Hill Urban Revitalization Area. 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 #23,911 through #23,924 duly passed and adopted. 55162 - It was moved by Kruse and seconded by Dunn that Resolution #23,925, receiving and filing, and setting February 3, 2025 as the date of the public hearing, on the proposed plans, specifications, form of contract & estimate of cost for the 2025 Alley Reconstruction Project, be adopted. Following questions by Councilmember Kruse, and response by 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 #23,925 duly passed and adopted. 55163 - It was moved by Latta and seconded by Dunn that Ordinance #3095 repealing Ordinance #2774 designating the College Hill Urban Revitalization Area in the City of Cedar Falls, Iowa, be passed upon its first consideration. Following questions by Councilmember Ganfield and responses by Economic Development Coordinator Graham, 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. 55164 - It was moved by Kruse and seconded by Ganfield that the bills and claims of January 21, 2025 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. 55165 - It was moved by Latta and seconded by Hawbaker that the meeting be adjourned at 8:42 P.M. Motion carried unanimously. -7- __________________________________ Kim Kerr, CMC, City Clerk