City Council Meeting

CITY HALL CEDAR FALLS, IOWA, MARCH 17, 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. 55241 - It was moved by Kruse and seconded by Hawbaker that the minutes of the Regular Meeting of March 3, 2025 be approved as presented and ordered of record. Motion carried unanimously. 55242 - Everett Wilson, Black Hawk County, commented regarding a recent hate crime at a Cedar Falls business. Mayor Laudick commented. Kim Jensen Jordan, Cedar Falls, commented on the Sartori property located at 515 College Street. Daryl Kruse, Cedar Falls, expressed concerns with the proposed tax increase versus what was discussed at Goal Setting. Bob Manning, Cedar Falls, commented on the success of the Industrial Park and expressed concerns with the number of residential lots available in Cedar Falls. 55243 - Director of Finance & Business Operations Rodenbeck commented on the letter from Black Hawk County regarding property taxes and mentioned the presentation from February 18, 2025 available on our website. 55244 - Mayor Laudick announced that in accordance with the public notice of March 8, 2025, this was the time and place for a public on the proposed plans, specifications, form of contract & estimate of cost for the Creekside Business Park Project. 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. 55245 - 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. Principal Engineer Bitter provided an overview of 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. 55246 - It was moved by Kruse and seconded by Schultz that Resolution #23,991, approving and adopting the plans, specifications, form of contract & estimate of cost for the Creekside Business Park 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 #23,991 duly passed and adopted. 55247 - Mayor Laudick announced that in accordance with the public notice of March 6, 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 Public Sidewalk/Trail Infill & Repair Project. It was then moved by Dunn and seconded by Kruse that the proof of publication of notice of hearing be received and placed on file. Motion  -2- carried unanimously. 55248 - 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 of the proposed project. Following comments and questions by Councilmember Schultz, and public comment by Cedar Falls Residents Roger White and Kim Jordan, and responses by Wicke and Operations & Maintenance Division Manager Heath, the Mayor declared the hearing closed and passed to the next order of business. 55249 - It was moved by Hawbaker and seconded by Dunn that Resolution #23,992, approving and adopting the plans, specifications, form of contract & estimate of cost for the 2025 Public Sidewalk/Trail Infill & Repair 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 #23,992 duly passed and adopted. 55250 - Mayor Laudick announced that in accordance with the public notices of March 1, 2025 and March 8, 2025, this was the time and place for a public hearing with respect to a Resolution of Necessity proposing the West 23rd Street Reconstruction Project. 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. 55251 - 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. Principal Engineer Claypool provided an overview of 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. 55252 - It was moved by Hawbaker and seconded by Dunn that Resolution #23,993, a resolution with respect to the adopting of the Resolution of Necessity proposed for the West 23rd Street Reconstruction from Hudson Road to Campus Street 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 #23,993 duly passed and adopted. 55253 - It was moved by Hawbaker and seconded by Kruse that Resolution #23,994, directing preparation of detailed plans and specifications, form of contract and notice to bidders on the West 23rd Street Reconstruction from Hudson Road to Campus Street 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 #23,994 duly passed and adopted. 55254 - Mayor Laudick announced that in accordance with the public notice of March 6, 2025, this was the time and place for a public hearing on a proposed vacation of  -3- certain public right-of-way of Campus Street south of West 23rd Street. 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. 55255 - 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. Planner III Pezley provided an overview of 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. 55256 - It was moved by Ganfield and seconded by Hawbaker that Ordinance #3098, vacating a portion of Campus Street right-of-way south of West 23rd Street, 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. 55257 - It was moved by Kruse 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 March 3, 2025 relative to the following item: a) FY26 Presentation and Discussion of Mayor's Proposed Budget. Approve a request for temporary signs at various locations for the Waterloo-Cedar Falls Annual Coin Show with removal on March 30, 2025. Approve the application of Bani's, 2128 College Street, for a device retailer permit. Approve the following applications for retail alcohol licenses: a) Barn Happy, 11310 University Avenue, Special Class B retail native wine - renewal. b) Social House, 2208 College Street, Class C retail alcohol & outdoor service - renewal. c) SingleSpeed Brewing Co., 128 Main Street, Class C retail alcohol, Special Class A beer - temporary outdoor service/sidewalk café. (April 1 - November 15, 2025) d) The Stuffed Olive and Roxxy, 314-316 Main Street, Class C retail alcohol - temporary outdoor service/sidewalk café. (April 1 - November 15, 2025) e) River Place Plaza, 100 East 2nd Street - Plaza, Special Class C retail alcohol & outdoor service - 8-month permit. Motion carried unanimously. 55258 - It was moved by Ganfield and seconded by Hawbaker to approve the following recommendations of the Mayor relative to the appointment of members to Boards and Commissions: a) Cathy Showalter, Civil Service Commission, term ending 04/07/2029. b) Itzuri Arestegui, Human Rights Commission, term ending 07/01/2025. Following comments by Human Rights Commission Chair TW Ingham on items #8 and #9, the motion carried unanimously.  -4- 55259 - It was moved by Ganfield and seconded by Latta to Receive and file the following resignation of members from Boards and Commissions: a) Dave Kivett, Human Rights Commission. Following a comment by Councilmember Ganfield, the motion carried unanimously. 55260 - It was moved by Kruse and seconded by Latta that the following resolutions be introduced and adopted: Resolution #23,995, rescinding Resolution No. 23,909 relative to the Multiresidential Urban Revitalization Plan for a proposed Urban Revitalization area. Resolution #23,996, approving and accepting a Warranty Deed for property located at 421 Grant Street. Resolution #23,997, approving and authorizing submission of a Carbon Reduction Program Application FY2026-2029 to the Black Hawk County Metropolitan Planning Organization (MPO) Area Transportation Policy Board relative to the Union Road Reconstruction Project. Resolution #23,998, approving and authorizing submission of a Black Hawk County Metropolitan Planning Organization Surface Transportation Block Grant (STBG) Application FY2026-2029 to the Black Hawk County Metropolitan Planning Organization (MPO) Area Transportation Policy Board relative to the Union Road Reconstruction Project. Resolution #23,999, approving the Certificate of Completion and accepting the work of Peterson Contractors, Inc. for the Greenhill Road & South Main Street Intersection Improvement Project, and approving and authorizing the transfer of funds from the LOST Fund to the 2020 GO Bond Fund. Resolution #24,000, receiving and filing the bids, and approving and accepting the low bid of Petersen Contractors, Inc. in the amount of $2,745,887.19 for the 2025 Street Construction Project. Resolution #24,001, accepting the Contract and Bond of Benton’s Sand & Gravel, Inc., for the 2025 Alley Reconstruction Project. Resolution #24,002, approving and authorizing execution of Supplemental Agreement No. 1 to the Professional Service Agreement with Snyder and Associates, Inc. relative to the Creekside Business Park Project. Resolution #24,003, approving and authorizing execution of an Owner Purchase Agreement; and approving and accepting a Temporary Construction Easement, in conjunction with the Creekside Business Park Project. Resolution #24,004, setting April 7, 2025, as the date of public hearing on a proposed Third Amendment to Option and Lease Agreement with GTP Acquisition Partners II, LLC, relative to a proposed amendment to the Central Park Cell Tower Lease. Resolution #24,005, setting April 7, 2025 as the date of public hearing on a proposed ordinance amending the boundaries for wards and precincts within the City of Cedar Falls to incorporate recently annexed territory.  -5- Resolution #24,006, setting April 7, 2025 as the date of public hearing to consider entering into a proposed Development Agreement with Cedar Falls Municipal Utilities relative to the South Cedar Falls Urban Renewal Area. Resolution #24,007, setting April 7, 2025 as the date of the public hearing on a proposal to undertake a public improvement project for the Highway 57 & Union Road Intersection Improvements Project, and to authorize acquisition of private property for said project. Resolution #24,008, receiving and filing, and setting April 7, 2025 as the date of the public hearing, on the proposed plans, specifications, form of contract & estimate of cost for the West 23rd Street Reconstruction from Hudson Road to Campus Street 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 #23,995 through #24,008 duly passed and adopted. 55261- It was moved by Ganfield and seconded by Hawbaker that Resolution #24,009, approving and authorizing execution of a 2025 Overnight Town Agreement with Ventures Endurance, LLC d/b/a RAGBRAI, be adopted. Following questions and comments by Councilmembers Schultz and Crisman, and Mayor Laudick, responses by Director of Community Development Sheetz and City Administrator Gaines, and public comments by Cedar Falls residents Roger White and Cheyanne Brickman, 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 #24,009 duly passed and adopted. 55262 - It was moved by Hawbaker and seconded by Ganfield that Resolution #24,010, establishing the RAGBRAI Advisory Committee, appointing members, and delineating duties and powers, 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 #24,010 duly passed and adopted. 55263 - It was moved by Ganfield and seconded by Crisman that Resolution #24,011, approving and authorizing submission of a Carbon Reduction Program Application FY2026-2029 to the Black Hawk County Metropolitan Planning Organization (MPO) Area Transportation Policy Board relative to the Union Road & West 27th Street Intersection Improvement Project, be adopted. Following questions and comments by Councilmember Kruse, and responses 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. The Mayor then declared Resolution #24,011 duly passed and adopted. 55264 - It was moved by Latta and seconded by Hawbaker that Ordinance #3099, amending Chapter 2, Administration, of the Code of Ordinances relative to police division; acting chief in absence of the police chief and fire division, acting chief in absence of  -6- the fire chief, 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. 55265 - It was moved by Kruse and seconded by Hawbaker that Ordinance #3100, amending Chapter 13, Licenses and Business Regulations, of the Code of Ordinances relative to sales prohibited on public property, exemptions, application for license, and insurance, relative to mobile merchants, 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. 55266 - It was moved by Hawbaker and seconded by Crisman that Ordinance #3101, amending Chapter 17, Parks and Recreation, of the Code of Ordinances relative to definitions, penalty for violation of article, no tree or shrub planting, trimming or other similar work in public places, tree trimmer's license, exemptions from license and permit requirements, temporary cutoff of electricity for purpose of pruning or removal, fastening signs, wire, etc., deposit or storage of materials impeding passage of water and air to roots, protection during building operations; tree and shrub damage, trees and shrubs overhanging street or sidewalk, diseased or infected trees declared nuisance, maintenance of infected trees prohibited, failure to destroy infected trees or wood; destruction by city, noxious weeds prohibited; exceptions, and failure to destroy noxious weeds; right to hearing; destruction by city, 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. 55267 - It was moved by Crisman and seconded by Latta that Ordinance #3102, amending Chapter 19, Streets and Sidewalks, of the Code of Ordinances relative to definitions, plantings by property owners or parties in possession, duty to maintain streetside area; assessment, damage by city to plantings or obstructions in the streetside area, warnings and barriers, storage of building materials, certain commercial use of public sidewalks, duty of abutting property owner to repair defective sidewalk, and standards for numbers, 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. 55268 - It was moved by Kruse and seconded by Hawbaker that Ordinance #3103, amending Chapter 19, Streets and Sidewalks, of the Code of Ordinances relative to use of public sidewalks for sidewalk cafes, operation of sidewalk cafes, application for sidewalk café permit, and insurance requirements, 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. 55269 - It was moved by Latta and seconded by Hawbaker that Ordinance #3104 amending Chapter 19, Streets and Sidewalks, of the Code of Ordinances relative to contractor’s bond; insurance, bond; insurance and contractor’s bond; insurance, be  -7- passed upon its first consideration. Following questions by Councilmembers Ganfield and Kruse, and responses by City Administrator Gaines, City Engineer Wicke, 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. 55270 - It was moved by Ganfield and seconded by Crisman that Ordinance #3105, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to definitions, electric personal assistive mobility devices, control of vehicle; reduced speed, use of sidewalks, pedestrian use of a roadway, solicitation of rides, riding on sidewalk prohibited in specified locations, traffic control signal legend, pedestrian conveyances and bicycles prohibited from use on certain city property, and pedestrian conveyances and bicycles must yield to pedestrians afoot; priority, 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. 55271 - It was moved by Kruse and seconded by Hawbaker that the bills and claims of March 17, 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. 55272 - It was moved by Kruse and seconded by Latta that the meeting be adjourned at 8:04 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk