City Council Meeting

CITY HALL CEDAR FALLS, IOWA, APRIL 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 7:20 P.M. on the above date. Members present: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Absent: None. Mayor Laudick led the Pledge of Allegiance. 55320 - It was moved by Kruse and seconded by Hawbaker that the minutes of the Regular Meeting of April 7, 2025 be approved as presented and ordered of record. Motion carried unanimously. 55321 - Dennis Pruckler, Cedar Falls, spoke about mud flats and provided Council with a handout. Rosemary Beach, Cedar Falls, requested public bathrooms downtown and commented on concerns with accessibility. Ray Fredericksen, Cedar Falls, commented on property tax increases, churches and private schools. Mayor Laudick commented. Isaac Mata, Waterloo, thanked the Council and staff for the opportunity to serve as the UNI student liaison. Mayor Laudick and Councilmember Ganfield commented. 55322 - Library Director Stern announced the new Music Garden at the Library. Mayor Laudick commented. Mayor Laudick provided an update on the Strategic Plan. Director of Public Safety provided an update on damage to City property. 55323 - Mayor Laudick announced that in accordance with the public notice of April 10, 2025, this was the time and place for a public on the proposed FY2026 Budget for the City of Cedar Falls. 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. 55324 - The Mayor then asked if there were any written communications filed to the proposed budget. 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 update on the proposed budget. 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. 55325 - It was moved by Dunn and seconded by Hawbaker that Resolution #24,033, approving and adopting the FY2026 Budget for the City of Cedar Falls, be adopted. Following comments and questions by Councilmembers Kruse, Hawbaker, Dunn, and Schultz, and responses by Mayor Laudick and Director of Finance & Business Operations Rodenbeck, 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 #24,033 duly passed and adopted. 55326 - Mayor Laudick announced that in accordance with the public notice of April 15, 2025,  -2- this was the time and place for a public hearing on proposed amendments to Chapter 19, Article VIII, Major Thoroughfare Plan, of the Code of Ordinances. 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. 55327 - The Mayor then asked if there were any written communications filed to the proposed amendments. Upon being advised that there was written communication placed in the Council packet and written communication placed on the dais, the Mayor then called for oral comments. Mayor Laudick and Planning & Community Services Manager Howard provided an overview of the amendments. Following comments and questions by Councilmember Kruse, and public comment by Cedar Falls Resident Roger White, the Mayor declared the hearing closed and passed to the next order of business. 55328 - It was moved by Hawbaker and seconded by Dunn that Ordinance #3108, amending Chapter 19, Article VIII, Major Thoroughfare Plan, of the Code of Ordinances, be passed upon its first consideration. Following comments and questions by Councilmembers Ganfield, Schultz, and Kruse, and responses by Mayor Laudick and 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. 55329 - 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 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 #3098 duly passed and adopted. 55330 - It was moved by Ganfield and seconded by Dunn 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 the fire chief, 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 #3099 duly pass and adopted. 55331 - It was moved by Crisman and seconded by Dunn 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 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 #3100 duly pass and adopted. 55332 - It was moved by Dunn and seconded by Hawbaker 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  -3- 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 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 #3101 duly pass and adopted. 55333 - It was moved by Latta and seconded by Dunn 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 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 #3102 duly pass and adopted. 55334 - It was moved by Ganfield and seconded by Kruse 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 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 #3103 duly pass and adopted. 55335 - It was moved by Kruse and seconded by Dunn 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 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 #3104 duly pass and adopted. 55336 - It was moved by Kruse and seconded by Hawbaker 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 third & final consideration. Following questions and comments by  -4- Roger White, and Councilmembers Ganfield, Hawbaker, Dunn, Crisman, and Kruse, and responses by Mayor Laudick, City Attorney Rogers, and Director of Public Safety Berte, 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 #3105 duly pass and adopted. 55337 - It was moved by Kruse and seconded by Dunn that Ordinance #3106, amending the boundaries for wards and precincts within the City of Cedar Falls to incorporate recently annexed territory, 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. 55338 - It was moved by Kruse and seconded by Hawbaker that Ordinance #3107, designating the Cedar Falls Historic Core Urban Revitalization Plan of 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. 55339 - It was moved by Latta and seconded by Schultz that the following items on the Consent Calendar be received, filed, and approved: Receive and file the City Council Special Meeting minutes of April 7, 2025 relative to the following item: a) Public hearing on the proposed FY2026 Property Tax Rate for the City of Cedar Falls. 15. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: a) Casey’s #1887, 2425 Center Street - Renewal. b) Casey’s #2630, 5226 University Avenue - Renewal. c) Casey’s #2865, 5908 Nordic Drive - Renewal. d) Casey’s #3045, 601 Main Street - Renewal. e) Casey’s #3610, 1225 Fountains Way - Renewal f) Casey’s #4279, 1620 West 1st Street - Renewal. g) Casey’s #4553, 1525 West Ridgeway Avenue - Renewal. h) Metro Mart #3, 103 Franklin Street - Renewal. 16. Approve the following applications for retail alcohol licenses: a) Hurling Hatchet, 100 East 2nd Street, Special Class C retail alcohol - renewal. b) Famous Dave's, 6222 University Avenue, Class C retail alcohol - renewal. c) The Horny Toad American Bar & Grille, 202 - 204 Main Street, Class C retail alcohol - renewal. d) ZSAVOOZ, 206 Brandilynn Boulevard, Class C retail alcohol & outdoor service - renewal. e) Tony's La Pizzeria, 407 Main Street, Class C retail alcohol & outdoor service - temporary additional outdoor service/sidewalk café. (April 22 - November 15, 2025) f) River Place Plaza, 100 East 2nd Street - Plaza, Special Class C retail alcohol & outdoor service - change in ownership. g) Cypress Lounge, 209 State Street, Class C retail alcohol & outdoor service - new  -5- - change in ownership. Motion carried unanimously. 55340 - It was moved by Latta and seconded by Kruse that the following resolutions be introduced and adopted: Resolution #24,034, approving and adopting amendments to CFD 2102: Personnel Policy – Discrimination & Harassment-Free Workplace. Resolution #24,035, approving and adopting amendments to CFD 2109: Personnel Policy – Hours of Work. Resolution #24,036, approving and adopting amendments to CFD 2157: Personnel Policy – Overtime. Resolution #24,037, approving and adopting amendments to CFD 2256: Personnel Policy – Vacation. Resolution #24,038, approving and adopting amendments to CFD 2351: Personnel Policy – Attendance and Punctuality. Resolution #24,039, approving and adopting amendments to CFD 2413: Personnel Policy – Grievance Procedure. Resolution #24,040, approving and authorizing execution of an Administrative Services Agreement with RxBenefits, Inc. relative to the City’s prescription benefit manager. Resolution #24,041, approving and authorizing execution of an Assignment and Assumption Agreement relative to a Private Development and conveyance of development property by CV Commercial, LLC a/k/a CV Commercial, L.L.C. ("CV"), to CV Commercial 4, LLC ("CV4"). Resolution #24,042, approving a Cedar Falls Utilities Electric, Gas, Water and Communications Utility Installation or Relocation Project in the Pinnacle Prairie Urban Renewal Area. Resolution #24,043, approving and authorizing execution of a Lease with Kathy Lenth relative to property vacated by flood buyout programs. Resolution #24,044, approving and authorizing execution of an Agreement with the Black Hawk Tennis Club relative to providing Youth Tennis Lessons, in conjunction with the summer recreational programs. Resolution #24,045, approving and accepting the contract and bond of Boomerang Corp. for the Creekside Business Park Project. Resolution #24,046, approving and accepting the contract and bond of Boulder Contracting, LLC for the 2025 Public Sidewalk/Trail Infill & Repair Project. Resolution #24,047, approving and accepting the low bid, and making award of construction contract to Owen Contracting, Inc., in the amount of $1,999,925.52, for the West 23rd Street Reconstruction from Hudson Road to Campus Street Project. Resolution #24,048, setting May 5, 2025 as the date of public hearing to consider  -6- entering into an Agreement for Private Development with Midwest Development Co. Resolution #24,049, setting May 5, 2025 as the date of public hearing to consider entering into an Agreement for Private Development with D-Squared II, LLC. Resolution #24,050, setting May 5, 2025 as the date of public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to swimming pools regulations. Resolution #24,051, setting May 5, 2025, as the date of public hearing on the proposed amendments to the City's FY2025 Budget. 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 #24,034 through #24,051 duly passed and adopted. 55341 - It was moved by Crisman and seconded by Hawbaker that Resolution #24,052, approving and adopting amendments to CFD 2354: Personnel Policy – Leaves of Absence, be adopted. Following questions and comments by Councilmembers Ganfield, Schultz, Kruse, Hawbaker and Latta, and responses by Human Resources Manager Schindel, it was moved by Ganfield and seconded by Kruse to amend CFD 2354: Personnel Policy – Leaves of Absence by removing the newly added sentence in section 2.D.8(a). The motion to amend failed 1-6, with Schultz, Latta, Kruse, Hawbaker, Crisman, and Dunn voting Nay. The Mayor then put the question on the original 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 #24,052 duly passed and adopted. 55342 - It was moved by Dunn and seconded by Hawbaker that a Resolution, approving and adopting amendments to CFD 2406: Personnel Policy – Technology Resources Acceptable Use, be adopted. Following questions and comments by Councilmember Ganfield, and responses by Information Systems Manager Sorensen, Mayor Laudick, and Director of Finance & Business Operations Rodenbeck, it was then moved by Kruse and seconded by Ganfield to postpone consideration until the May 19, 2025 City Council meeting to allow staff time to make changes to the CFD 2406. The motion to postpone passed 1-6, with Dunn voting Nay. 55343 - It was moved by Latta and seconded by Hawbaker that Ordinance #3109, amending Chapter 20, Subdivisions, of the Code of Ordinances, to update and establish definitions and regulations related to street connectivity, be passed upon its first consideration. Mayor Laudick and Planning & Community Services Manager Howard provided an overview of the amendments. Following comments and questions by Councilmembers Kruse and Ganfield, and public comments by Cedar Falls residents Kamyar Enshayan and Roger White, it was moved by Kruse to remove the 2200 feet as the perimeter block length. The motion failed due to lack of a second. The Mayor put the question on the original motion, and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Hawbaker, Ganfield, Crisman, Dunn. Nay: Kruse. Motion carried. 55344 - It was moved by Kruse and seconded by Latta that the bills and claims of April 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  -7- the same. Upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. 55345 - It was moved by Kruse and seconded by Crisman that the meeting be adjourned at 9:17 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk