City Council Meeting

CITY HALL CEDAR FALLS, IOWA, May 5, 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. 55346 - It was moved by Dunn and seconded by Crisman that the minutes of the Regular Meeting of April 21, 2025 be approved as presented and ordered of record. Motion carried unanimously. 55347 - The Mayor then asked if there were any agenda revisions. City Clerk Kerr noted that item #29 on the Resolution Calendar was being removed from the agenda. 55348 - Dr. Mark Nook, UNI President, gave thanks for UNI Dome funding. Gretta Berghammer, Cedar Falls, commented on the Timeless Journey performance to be held at UNI and the Western Home Communities. Rosemary Beach, Cedar Falls, commented on the need for an accessible public restroom downtown. Rick Sharp, Cedar Falls, expressed concerns regarding discussion at a previous Committee of the Whole Meeting regarding a tax assessment or fee increase to all citizens to help pay for the Main Street Sanitary Sewer cost. Josh Wilson, Cedar Falls, expressed concerns regarding citizens voices not being heard and lack of communication from staff to citizens. Gabe Groothuis, Cedar Falls, expressed concerns with the City Administrator and transparency. Kim Jensen Jordan, Cedar Falls, expressed concerns with Boards and the administration of funds. 55349 - Mayor Laudick announced that in accordance with the public notice of April 17, 2025, this was the time and place for a public hearing on a proposed Arbors 6th Urban Renewal Plan for a proposed Urban Renewal Area in the City of Cedar Falls, Iowa. It was then moved by Crisman and seconded by Latta that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55350 - The Mayor then asked if there were any written communications filed to the proposed plan. Upon being advised that written communication has been placed in front of Council, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an update on the proposed plan. Following questions by Craig Fairbanks, Cedar Falls, and responses by Graham and Mayor Laudick, the Mayor declared the hearing closed and passed to the next order of business. 55351 - It was moved by Dunn and seconded by Crisman that Resolution #24,054, determining an area of the City to be an economic development area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for urban renewal  -2- projects; and adopting the Arbors 6th Urban Renewal Plan, 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 #24,054 duly passed and adopted. 55352 - Mayor Laudick announced that in accordance with the public notice of April 26, 2025, this was the time and place for a public hearing to consider entering into an Agreement for Private Development with Midwest Development Co. 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. 55353 - The Mayor then asked if there were any written communications filed to the proposed agreement. Upon being advised that written communication has been placed in front of Council, the Mayor then called for oral comments. Economic Development Coordinator Graham provided an overview of the agreement. Following questions by Mayor Laudick and Councilmember Latta, and responses by Graham, the Mayor declared the hearing closed and passed to the next order of business. 55354 - It was moved by Crisman and seconded by Hawbaker that Resolution #24,055, approving an Agreement for Private Development with Midwest Development Co, be adopted. Following questions by Councilmember Ganfield, and responses by Economic Development Coordinator Graham 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, Ganfield, Crisman, Dunn. Nay: None. Motion Carried. The Mayor then declared Resolution #24,055 duly passed and adopted. 55355 - Mayor Laudick announced that in accordance with the public notice of April 26, 2025, this was the time and place for a public hearing to consider entering into an Agreement for Private Development with D-Squared II, LLC. 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. 55356 - 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 of the 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. 55357 - It was moved by Schultz and seconded by Dunn that Resolution #24,056, approving an Agreement for Private Development with D-Squared II, 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 #24,056 duly passed and adopted. 55358 - Mayor Laudick announced that in accordance with the public notice of April 26, 2025, this was the time and place for a public hearing on proposed amendments to Chapter 26, Zoning, of the Code of Ordinances relative to swimming pools regulations. 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  -3- carried unanimously. 55359 - 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 overview of the amendments. Following questions and comments by Councilmembers Schultz, Crisman and Kruse, responses by Sevy, and public comments by Cedar Falls residents Kim Jensen Jordan and Ryan Borgwardt, the Mayor declared the hearing closed and passed to the next order of business. 55360 - It was moved by Ganfield and seconded by Kruse that Ordinance #3110, amending Chapter 26, Zoning, of the Code of Ordinances relative to swimming pools regulations, be passed upon its first consideration. Following comments by Councilmembers Kruse, Hawbaker, Latta, Ganfield, Crisman, and Dunn, and Mayor Laudick, 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. Nay: Schultz, Dunn. Motion Carried. 55361 - Mayor Laudick announced that in accordance with the public notice of April 19, 2025, this was the time and place for a public hearing on the proposed amendments to the City’s FY25 Budget. It was then moved by Hawbaker and seconded by Latta that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55362 - 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. Controller/City Treasurer Roeding provided an overview of the amendments. There being no one else present wishing to speak about the proposed amendments, the Mayor declared the hearing closed and passed to the next order of business. 55363 - It was moved by Crisman and seconded by Dunn that Resolution #24,057, approving and adopting amendments to the City's FY25 Budget, 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 #24,057 duly passed and adopted. 55364 - Mayor announced that this was the time and place for a hearing on a complaint issued to Bhatti 313 LLC d/b/a Posh Smoke and Vape, 6322 University Avenue, Suite L, for a first tobacco violation. City Attorney Rogers commented that a signed acknowledgement and settlement agreement had been received, and no public hearing or further action was needed. 55365 - Mayor Laudick announced that this was the time and place for a hearing on a proposed resolution adopting and levying the final schedule of assessments for the 2024 Sidewalk Assessment Project – Zone 6. Following a comment by Mayor Laudick, City Engineer Wicke provided a summary of the sidewalk assessment process. Following a question by Councilmember Ganfield and response by City Clerk Kerr, the Mayor declared the hearing closed and passed to the next order of business 55366 - It was moved by Dunn and seconded by Crisman that Resolution #24,058,  -4- adopting and levying the final schedule of assessments for the 2024 Sidewalk Assessment Project - Zone 6, 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 #24,058 duly passed and adopted. 55367 - It was moved by Latta and seconded by Ganfield 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 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 #3106 duly passed and adopted. 55368 - It was moved by Crisman and seconded by Schultz that Ordinance #3107, designating the Cedar Falls Historic Core Urban Revitalization Plan of the City of Cedar Falls, Iowa, 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 #3107 duly pass and adopted. 55369 - It was moved by Hawbaker and seconded by Crisman that Ordinance #3108, amending Chapter 19, Article VIII, Major Thoroughfare Plan, of the Code of Ordinances, 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. 55370 - 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 second consideration. Following comments by Councilmember Ganfield, it was then moved by Ganfield and seconded by Kruse to remove the max perimeter length of 2200 feet. Following comments and questions by Councilmembers Kruse, Schultz, Ganfield, Crisman, Dunn, and Hawbaker, and Mayor Laudick, and responses by Director of Community Development Sheetz, Ganfield withdrew the motion to amend. It was then moved by Ganfield and seconded by Kruse to set the cap to 3500 feet for the perimeter block. Following comments by Councilmembers Kruse and Ganfield, and responses by Mayor Laudick, Sheetz, and Planner II Atodaria, the motion to amend failed 2-5, with Schultz, Latta, 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, Crisman, Dunn. Nay: Ganfield. The Mayor then opened discussion to public comment. Following comments by Cedar Falls residents Craig Fairbanks, Jack Yates, and Rick Sharp, and City Attorney Rogers, the prior vote was rescinded, as it was out of order. Following additional comments by Councilmembers Ganfield, Dunn, Schultz, and Kruse, the Mayor 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.  -5- 55371 - It was moved by Dunn and seconded by Latta that the following items on the Consent Calendar be received, filed, and approved: Receive and file Departmental Quarterly Reports of January - March 2025. Receive and file FY25 2nd half report from Community Main Street. Approve an Order Accepting Acknowledgement/Settlement Agreement with Casey's Marketing Company d/b/a Casey's #4279, 1620 West 1st Street, for a first tobacco violation. Approve an Order Accepting Acknowledgement/Settlement Agreement with Gracious Food, LLC d/b/a King Star, 2228 Lincoln Street, for a first tobacco violation. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: a) Fareway Stores #190, 4500 South Main Street - Renewal. b) Fareway Stores #974, 214 North Magnolia Drive - Renewal. Approve the following applications for retail alcohol licenses: a) Spark, 5818 Nordic Drive, Class B retail alcohol - renewal. b) Berk's Main Street Pub, 207 Main Street, Class C retail alcohol - renewal. c) Double Tap, 312 Main Street, Class C retail alcohol - renewal. d) Suds, 2223 ½ College Street, Class C retail alcohol & outdoor service - renewal. e) Casey's General Store, 2425 Center Street, Class E retail alcohol - renewal. f) Prime Mart, 2323 Main Street, Class E retail alcohol - renewal. g) Walgreens, 2509 Whitetail Drive, Class E retail alcohol - renewal. h) River Place Plaza, 100 East 2nd Street – Plaza, Special Class C retail alcohol & outdoor service -temporary expansion of outdoor service area. (May 15, 2025) i) Jorgensen Plaza (Table 1912, Diamond Event Center and Gilmore’s Pub), 5307 Caraway Lane, Class C retail alcohol & outdoor service - temporary expansion of outdoor service area. (June 19, July 17, August 14, and September 11, 2025) j) Whiskey Road Tavern & Grill, 402 Main Street, Class C retail alcohol & outdoor service - temporary additional outdoor service/sidewalk café. (May 6 - November 15, 2025) k) Live to 9, 200 Block of State Street and 100 Block of East 2nd Street including adjacent sidewalks and the Plaza, Special Class C retail alcohol & outdoor service. - (seven 5-day permits) Motion carried unanimously. 55372 - It was moved by Dunn and seconded by Hawbaker to receive and file the City Council Committee of the Whole minutes of April 21, 2025 relative to the following items: a) South Main Sanitary Sewer Project Update. b) Refuse Study Presentation. Following comments by Rick Sharp and Kim Jensen Jordan, and responses by Mayor Laudick and Director of Public Works Schrage, the motion carried unanimously. 55373 - It was moved by Ganfield and seconded by Crisman that the following resolutions be introduced and adopted:  -6- Resolution #24,059, Approving and Accepting a Quit Claim Deed for the purchase of 0.50 acres, more or less, of real estate located at 222 Washington Street, owned by U.S. Bank National Association. Resolution #24,060, of support for a Workforce Housing Tax Credit application to be submitted to the Iowa Economic Development Authority by CV Properties III, LLC for Workforce Housing Tax Credits for the proposed project located at 2104-2118 College Street. Resolution #24,061, supporting a local match required for the Workforce Housing Tax Credit Program application to be submitted to the Iowa Economic Development Authority by CV Properties III, LLC for Workforce Housing Tax Credits for the proposed project located at 2104-2118 College Street. Resolution #24,062, approving and authorizing execution of an Agreement with Drew Dau Films LLC relative to the production of videos of the Gateway River Park. Resolution #24,063, approving and authorizing execution of an Agreement with Huddle Up Group, LLC relative to a sports tourism destination assessment. Resolution #24,064, approving and authorizing a Lease with Kevin DeVries relative to property vacated by flood buyout programs. Resolution #24,065 approving and authorizing a Lease with Steven Koester relative to property vacated by flood buyout programs. Resolution #24,066, approving and authorizing execution of an Agreement with Helmke Services, Inc. relative to pavement marking services. Resolution #24,067, approving and authorizing execution of three Owner Purchase Agreements; and approving and accepting three Public Utility Easements and three Temporary Construction Easements, in conjunction with the Union Road Culvert Replacement Project. Resolution #24,068, approving and accepting the contract and bond of Owen Contracting Inc. for the West 23rd Street Reconstruction from Hudson Road to Campus Street Project. Resolution #24,069, approving the Certificate of Completion and accepting the work of Aspro, Inc. for the 2024 Street Restoration Project. Resolution #24,070, setting May 19, 2025 as the date of public hearing on a proposal to vacate an access easement located on Lot No. 6 and Parcel "D" of Block 8 of Garrison and Deans 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 #24,059 through #24,070 duly passed and adopted. 55374 - It was moved by Crisman and seconded by Dunn that Resolution #24,071, approving and authorizing execution of an Agreement Regarding Funding with the University of Northern Iowa (UNI) relative to the UNI DOME Renovation Project, be adopted. Following questions and comments by Councilmembers Kruse, Schultz, Ganfield,  -7- Hawbaker, and Latta, responses by City Administrator Gaines and Mayor Laudick, and public comments by Cedar Falls residents Kim Jordan, Bob Manning, Paul Rider, and Rick Sharp, and additional comments by Councilmembers Latta, Schultz and Kruse, Mayor Laudick, City Administrator Gaines, and Director of Finance & Business Operations Rodenbeck, the Mayor then 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 #24,071 duly passed and adopted. 55375 - It was moved by Dunn and seconded by Crisman that Ordinance #3111, amending Chapter 10, Garbage and Refuse, of the Code of Ordinances relative to service charges-established and unsanitary accumulations, unsightly trash, refuse, yard waste, oil or grease recycling containers or dumpsters, 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. 55376 - It was moved by Ganfield and seconded by Latta that the bills and claims of May 5, 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. 55377 - Mayor Laudick commented on the next few Committee of the Whole Meetings and noted that priority will be given to downtown parking which may delay ADU discussion. He also commented on transparency to citizens regarding personnel issues. 55378 - It was moved by Kruse and seconded by Ganfield consider the merits of having the city department directors report directly to the mayor and not having a city administrator or a city manager at a June Committee of the Whole Meeting. Following comments by Councilmembers Kruse, Ganfield, and Hawbaker, and Mayor Laudick, public comments by Cedar Falls residents Rob Green, Rick Sharp, Craig Fairbanks, Kim Jordan, Tom Hagarty, Paul Rider, and Chad Welsh, and additional comments by Mayor Laudick, and Councilmembers Dunn, Kruse, Latta, Hawbaker, and Ganfield, and City Attorney Rogers, the motion failed 2-5, with Schultz, Latta, Hawbaker, Crisman, and Dunn voting Nay. 55379 - It was moved by Dunn and seconded by Latta that the meeting be adjourned at 10:01 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk