City Council Meeting

CITY HALL CEDAR FALLS, IOWA, FEBRUARY 3, 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 (virtual), Hawbaker, Ganfield, Crisman, Dunn. Absent: None. Mayor Laudick led the Pledge of Allegiance. 55166 - It was moved by Dunn and seconded by Crisman that the minutes of the Regular Meeting of January 21, 2025 be approved as presented and ordered of record. Motion carried unanimously. 55167 - Kathy Thompson, Cedar Falls, expressed concerns regarding the Multiresidential Urban Revitalization Area in item #7 on the agenda. Kim Jensen Jordan, Cedar Falls, requested an update on Combined Public Safety and a Consolidated Evidence Facility, and commented on the tax base, Public Safety Officers, and the 1st Street and Hudson Road intersection. Director of Public Safety Berte and Mayor Laudick commented. 55168 - Mayor Laudick announced the launch of the New Strategic Planning Process and requested the public’s input. 55169 - Mayor Laudick announced that in accordance with the public notice of January 28, 2025, this was the time and place for a public hearing to consider entering into a proposed Second Amended and Restated Agreement for Private Development with CV Commercial, L.L.C. 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. 55170 - The Mayor then asked if there were any written communications filed to the proposed amended agreement. Upon being advised that there was one written communication placed in the Council packet, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview on the proposed amended agreement. Following comments by Mayor Laudick, the Mayor declared the hearing closed and passed to the next order of business. 55171 - It was moved by Hawbaker and seconded by Crisman that Resolution #23,926, approving and authorizing execution of a Second Amended and Restated Agreement for Private Development with CV Commercial, L.L.C, 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, Hawbaker, Ganfield, Crisman, Dunn. Nay: Kruse. Motion Carried. The Mayor then declared Resolution #23,926 duly passed and adopted. 55172 - Mayor Laudick announced that in accordance with the public notice of January 28, 2025, this was the time and place for a public hearing on the proposed rezoning from A-1, Agricultural Zoning District to PC-2, Planned Commercial District approximately 76.53 acres of property located at the northeast corner of US Highway 20 and Hudson Road. It was then moved by Crisman and seconded by Dunn that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55173 - The Mayor then asked if there were any written communications filed to the  -2- proposed rezoning. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Planner III Pezley provided an overview on the proposed rezoning. Following a question by Councilmember Ganfield, and response by Pezley, the Mayor declared the hearing closed and passed to the next order of business. 55174 - It was moved by Ganfield and seconded by Crisman that Ordinance #3096, amending the Zoning Map by removing approximately 76.53 acres of property located at the northeast corner of US Highway 20 and Hudson Road from A-1, Agricultural Zoning District to PC-2, Planned Commercial District, 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. 55175 - Mayor Laudick announced that in accordance with the public notice of January 28, 2025, this was the time and place for a 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. It was then moved by Dunn and seconded by Crisman that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55176 - 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 Atodaria provided an overview on the proposed amendments. Following questions by Councilmembers Schultz, Ganfield, and Latta, and responses by Atodaria, Director of Community Development Sheetz, and Mayor Laudick, public comments by Cedar Falls residents Kim Jensen Jordan and Mary Jane Mc Collum, questions by Mayor Laudick and Councilmember Schultz, and additional responses by Atodaria and Planning & Community Services Manager Howard, the Mayor declared the hearing closed and passed to the next order of business. 55177 - It was moved by Crisman and seconded by Dunn to pass an ordinance amending the 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, 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: Hawbaker, Crisman, Dunn. Nay: Schultz, Latta, Kruse, Ganfield. Motion failed. 55178 - Mayor Laudick announced that in accordance with the public notice of January 28, 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 Alley Reconstruction Project. It was then moved by Ganfield and seconded by Latta that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously.  -3- 55179 - The Mayor then asked if there were any written communications filed to the proposed plans. Upon being advised that there were no written communications on file, the Mayor then called for oral comments. Civil Engineer II Armstrong provided an overview on the proposed plans. Following comments by Kim Jensen Jordan, Cedar Falls, and Mayor Laudick, the Mayor declared the hearing closed and passed to the next order of business. 55180 - It was moved by Crisman and seconded by Latta that Resolution #23,927, approving and adopting the plans, specifications, form of contract & estimate of cost for the 2025 Alley Reconstruction Project, be adopted. Following questions by Councilmembers Kruse and Schultz, and responses 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 #23,927 duly passed and adopted. 55181 - It was moved by Ganfield and seconded by Crisman 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 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 #3092 duly passed and adopted. 55182 - It was moved by Crisman and seconded by Hawbaker that Ordinance #3093, designating the Multiresidential Urban Revitalization Area of the City of Cedar Falls, Iowa, be passed upon its second consideration. It was then moved by Ganfield and seconded by Kruse to amend the map to exclude the southern residential portions and include only the church and daycare properties. Following a question by Mayor Laudick and responses by City Attorney Rogers, comments and questions by Councilmembers Ganfield, Kruse, Hawbaker, Schultz, Dunn, Latta, and Crisman, questions by Mayor Laudick, and responses by Rogers and Economic Development Coordinator Graham, the motion to amend failed 3-4, with Latta, Hawbaker, Crisman, and Dunn voting Nay. Following comments by Cedar Falls residents John Thompson and Kathy Thompson, Councilmembers Dunn, Kruse, Hawbaker, Ganfield, and Schultz, and responses by Graham, Mayor Laudick, and Rogers, the Mayor put the question on the original motion, and upon call of the roll, the following named Councilmembers voted. Aye: Latta, Hawbaker, Crisman, Dunn. Nay: Schultz, Kruse, Ganfield. Motion carried. 55183 - 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 second consideration. Following due consideration  -4- 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, Ganfield, Crisman, Dunn. Nay: Schultz. Motion carried. 55184 - It was moved by Crisman and seconded by Latta that Ordinance #3095, repealing Ordinance #2774 designating the College Hill Urban Revitalization Area in the City of Cedar Falls, Iowa, 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. 55185 - It was moved by Latta and seconded by Hawbaker that the following items on the Consent Calendar be received, filed, and approved: Receive and file Departmental Quarterly Reports of October - December 2024. Approve the application of Up In Smoke, 817 West 23rd Street, for a cigarette/tobacco/nicotine/vapor permit. Approve the application of Buzz Smoke & Vapor, 2125 College Street, Suite A, for a device retailer permit. Approve the following applications for retail alcohol licenses: a) Hy-Vee Fast and Fresh, 6527 University Avenue, Class B retail alcohol - renewal. b) Cottonwood Canyon, 419 Washington Street, Special Class C retail alcohol & outdoor service - renewal. c) Pheasant Ridge Golf Course, 3205 West 12th Street, Special Class C retail alcohol & outdoor service - renewal. d) Panther Lounge, 210 East 18th Street, Class C retail alcohol - renewal. e) Casey's, 1620 West 1st Street, Class E retail alcohol - renewal. f) Thunder Ridge Ampride, 2425 Whitetail Drive, Class E retail alcohol - renewal. g) Hy-Vee Fast and Fresh, 6527 University Avenue, Class B retail alcohol - change in ownership. h) Hy-Vee Market Grille, 6301 University Avenue, Class C retail alcohol - change in ownership. i) Hy-Vee Food Store, 6301 University Avenue, Class E retail alcohol - change in ownership. j) Lovana’s Kithcen LLC, 4302 University Avenue, Class C retail alcohol - new. Motion carried unanimously. 55186 - It was moved by Crisman and seconded by Latta to approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions: a) Jack Baumann, Human Rights Commission, term ending 07/01/2026. b) Thomas Davis, Human Rights Commission, term ending 07/01/2026. Following comments by Councilmember Crisman, the motion carried unanimously. 55187 - It was moved by Hawbaker and seconded by Latta that the following resolutions be introduced and adopted:  -5- Resolution #23,928, amending Resolution No. 20,502, establishing a University of Northern Iowa student liaison to the City Council and establishing the date of terms of service. Resolution #23,929, approving the recommendation and appointing the UNI Student Liaison to the Cedar Falls City Council. Resolution #23,930, approving and authorizing execution of a Lease Agreement with the North Cedar Neighborhood Association relative to use of the Lone Tree Road Garage located at 722 West Lone Tree Road. Resolution #23,931, approving and authorizing execution of a Lease with Dean Ohrt relative to property vacated by flood buyout programs. Resolution #23,932, approving and authorizing execution of a Licensed Training Provider Agreement with The American National Red Cross relative to providing licensed training, materials and certifications for City staff. Resolution #23,933, approving and authorizing execution of an Offer to Buy Real Estate and Acceptance for property located at 421 Grant Street. Resolution #23,934, approving the Certificate of Completion and accepting the work of JQ Construction for the 2024 Sidewalk Assessment Project, Zone 6. Resolution #23,935, approving the Final Statement of Expenditures for the 2024 Sidewalk Assessment Project, Zone 6. Resolution #23,936, 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 Hudson Road. Resolution #23,937, receiving and filing the bids, and approving and accepting the low bid of Hydro-Klean, LLC, in the amount of $247,948.92, for the 2025 Sanitary Sewer Rehabilitation Project. Resolution #23,938, approving and authorizing execution of an Agreement for Location of Facilities within City of Cedar Falls Right-of-way; Subordination Agreement; and Grant License with the Waterloo Water Works, a municipal utility of the City of Waterloo, in conjunction with the Hidden Pines Addition. Resolution #23,939, approving and authorizing execution of a Contract for Completion of Improvements with UMENB, LLC, relative to the final plat of Hidden Pines Addition. Resolution #23,940, approving the final plat for Hidden Pines Addition. Resolution #23,941, approving and authorizing execution of a Storm Water Maintenance and Repair Agreement with UMENB, LLC, relative to a post- construction stormwater management plan for the Hidden Pines Addition. 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 #23,928 through #23,941 duly passed and adopted.  -6- 55188 - It was moved by Crisman and seconded by Hawbaker that Resolution #23,942, approving and authorizing execution of an Agreement for asbestos testing and clearance monitoring services with Hawkeye Environmental relative to properties located at 515 West 1st Street, 804-806 West Seerley Boulevard, 818 West Seerley Boulevard, and 2413 Olive Street, be adopted. Following questions by Councilmembers Kruse and Schultz, and responses by Director of Community Development Sheetz and Mayor Laudick, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Latta, Hawbaker, Ganfield, Crisman, Dunn. Nay: Kruse. Abstain: Schultz. Motion Carried. The Mayor then declared Resolution #23,942 duly passed and adopted. 55189 - It was moved by Crisman and seconded by Latta that Resolution #23,943, approving and accepting a Forgivable Loan Agreement and Real Estate Mortgage for property located at 1410 Tremont Street relative to Rental to Single Family Owner Conversion Incentive Program, be adopted. Following comments by Councilmember Crisman 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 #23,943 duly passed and adopted. 55190 - It was moved by Crisman and seconded by Hawbaker that Resolution #23,944, approving and authorizing submission of the Iowa Certified Local Government (CLG) 2024 Annual Report of the Historic Preservation Commission to the State Historical Society of Iowa, be adopted. Following 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 #23,944 duly passed and adopted. 55191 - It was moved by Crisman and seconded by Dunn that Resolution #23,945, approving and authorizing execution of an Agreement for Traffic Safety Improvement Program (TSIP) Funding with the Iowa Department of Transportation (IDOT) relative to the Highway 57 & Union Road Intersection Improvements Project, be adopted. Following questions and comments by Cedar Falls residents Kim Jensen Jordan and Kathy Thompson, comments by Councilmember Ganfield, and responses by Mayor Laudick 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 #23,945 duly passed and adopted. 55192 - It was moved by Latta and seconded by Crisman that Resolution #23,946, setting February 17, 2025 as the date of public hearing on proposed amendments to the Cedar Falls Zoning Map from A-1, Agricultural Zoning District to R-P, Planned Residence District approximately 2.68 acres of property located at the south side of West 1st Street, be adopted. Following comments by Mayor Laudick and Kim Jensen 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. The  -7- Mayor then declared Resolution #23,946 duly passed and adopted. 55193 - It was moved by Kruse and seconded by Hawbaker that the bills and claims of February 3, 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. 55194 - Councilmember Ganfield noted that City Council Meeting packets are available online the Wednesday before the meeting for citizen review and encouraged citizens to reach out to Councilmembers with questions. Mayor Laudick and Councilmember Schultz commented. 55195 - It was moved by Ganfield and seconded by Schultz to refer to staff to draft an alternate reading of ordinance #3093, to include moving the map boundaries and an updated legal description, for the February 17, 2025 City Council Meeting. Following comments by Councilmembers Ganfield and Kruse, and Mayor Laudick, the motion failed, 3-4 with Latta, Hawbaker, Crisman, and Dunn voting Nay. 55196 - It was moved by Hawbaker and seconded by Schultz 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 9:19 P.M. Mayor Laudick reconvened the Council meeting at 9:47 P.M. 55197 - It was moved by Ganfield and seconded by Schultz that the meeting be adjourned at 9:48 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk