City Council Meeting

CITY HALL CEDAR FALLS, IOWA, MAY 19, 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. 55380 - It was moved by Kruse and seconded by Hawbaker that the minutes of the Regular Meeting of May 5, 2025 be approved as presented and ordered of record. Motion carried unanimously. 55381 - Dennis Pruckler, Cedar Falls, provided a handout on a second river channel and the benefits it would provide in the prevention of flooding. Ryan Pence, Cedar Falls, commented on the recent sewer backup in basements in the Meadows subdivision. Mayor Laudick responded. Larry Bachman, Cedar Falls, also expressed concerns with the recent sewer backups. Rosemary Beach, Cedar Falls, commented on the need for an accessible public restroom downtown. Kim Jensen Jordan, Cedar Falls, commented on the future of Sartori Hospital. Gabe Groothuis, Cedar Falls, expressed concerns with the current form of city government and the City Administrator. Mayor Laudick responded. 55382 - Director of Public Works Schrage provided an update on the Viking Road and Prairie Parkway round-a-bout construction. Mayor Laudick commented. Director of Community Development Sheetz announced the opening of the Falls Aquatic Center on May 31, 2025. Mayor thanked City Clerk Kim Kerr in recognition of Municipal Clerk’s Week. 55383 - Mayor Laudick announced that in accordance with the public notice of May 8, 2025, this was the time and place for a 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. It was then moved by Dunn and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55384 - 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 Weintraut provided an update on 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. 55385 - It was moved by Dunn and seconded by Hawbaker that Resolution #24,072, vacating an access easement located on Lot No. 6 and Parcel “D” of Block 8 of Garrison and Deans Addition, be approved. Following due consideration by the Council, the Mayor  -2- 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 #24,072 duly passed and adopted. 55386 - It was moved by Kruse and seconded by Crisman that Ordinance #3108, amending Chapter 19, Article VIII, Major Thoroughfare Plan, of the Code of Ordinances, 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 #3108 duly passed and adopted. 55387 - It was moved by Dunn and seconded by Crisman 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 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, Hawbaker, Crisman, Dunn. Nay: Kruse, Ganfield. Motion carried. The Mayor then declared Ordinance #3109 duly passed and adopted. 55388 - It was moved by Kruse and seconded by Latta that Ordinance #3110, amending Chapter 26, Zoning, of the Code of Ordinances relative to swimming pools regulations, be passed upon its second consideration. Following comments by Councilmember Schultz, 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. 55389- It was moved by Kruse and seconded by Dunn 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 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. 55390 - It was moved by Kruse and seconded by Hawbaker that the following items on the Consent Calendar be received, filed, and approved: Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions: a) Ricky Cano, Tourism Board, to fill a vacancy for a term ending 07/01/25 (Appointment) & also for a term ending 07/01/28 (Re-appointment). Approve an Order Accepting Acknowledgement/Settlement Agreement with Bhatti 313 d/b/a Posh Smoke and Vape, 6322 University Avenue Suite L, for a first tobacco violation. Approve the following application for a device retailer permit:  -3- a) Bani's, 2128 College Street. Approve the following applications for cigarette/tobacco/nicotine/vapor permits: a) Bani's, 2128 College Street - New. b) Hy-Vee Fast and Fresh, 6527 University Avenue - Renewal. c) Hy-Vee Food Store, 6301 University Avenue, Renewal. d) King Star, 2228 Lincoln Street - Renewal. e) Mini Mart, 1420 West 1st Street - Renewal. f) Posh Smoke and Vape, 6322 University Avenue, Suite L - Renewal. g) The Spot #1, 2728 Center Street - Renewal. . Approve the following applications for retail alcohol licenses: a) NewAldaya Lifescapes, 7511 University Avenue, Class F retail alcohol & outdoor service - renewal. b) Harry's Five and Dime, 123 Main Street, Class C retail alcohol - renewal. c) The Other Place, 209 Main Street, Class C retail alcohol - renewal. d) Casey's General Store, 5226 University Avenue, Class E retail alcohol - renewal. Motion carried unanimously. 55391 - It was moved by Kruse and seconded by Latta that the following resolutions be introduced and adopted: Resolution #24,073, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 501 Clay Street. Resolution #24,074, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 510 West 4th Street. Resolution #24,075, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 804 Seerley Boulevard. Resolution #24,076, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 807 Clay Street. Resolution #24,077, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 818 Seerley Boulevard. Resolution #24,078, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 1122 West 22nd Street. Resolution #24,079, levying a final assessment for costs incurred by the City to remove snow and ice from the sidewalks abutting the property located at 1934 Main Street. Resolution #24,080, approving and adopting amendments to CFD 2406: Personnel Policy – Technology Resources Acceptable Use. Resolution #24,081, approving and authorizing execution of an Agreement with  -4- Hawkeye Communication relative to Recreation Center Security Cameras. Resolution #24,082, approving and authorizing execution of a Contract for towing, wrecker, and storage services with Rasmusson Towing. Resolution #24,083, approving and authorizing execution of a Contract for towing, wrecker, and storage services with Valley Wide Towing and Recovery, Inc. Resolution #24,084, approving and authorizing execution of a Public Art Committee Agreement for Lease of Artwork with Sarah Byrd relative to a sculpture at 311 Main Street. Resolution #24,085, approving and accepting a Warranty Deed for property located at 5906 Winterberry Drive. Resolution #24,086, approving and authorizing execution of an Agreement for asbestos testing services with Advanced Environmental relative to property located at 222 Washington Street. Resolution #24,087, approving the Certificate of Completion and accepting the work of Boulder Contracting, LLC for the 2024 Alley Reconstruction Project, and approving and authorizing the transfer of funds from the Storm Water Fund to the Street Construction Fund. Resolution #24,088, setting June 2, 2025 as the date of public hearing to consider entering into an Agreement for Private Development with Lawn City, LLC. Resolution #24,089, setting June 2, 2025 as the date of public hearing on the FY2026 (FFY2025) Annual Action Plan for Community Development Block Grant (CDBG) & HOME Consortium. Resolution #24,090, setting June 2, 2025 as the date of public hearing on the proposed amendment to the Land Use Map for Greenhill Village by changing the designation from “Medium Density Residential Use” to “Low Density Residential Use” for property located east of Norse Drive, north of Addison Drive and west of Loren Drive. Resolution #24,091, receiving and filing, and setting June 2, 2025 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the 2025 Sidewalk Assessment Project. Resolution #24,092, receiving and filing, and setting June 2, 2025 as the date of public hearing on the proposed plans, specifications, form of contract & estimate of cost for the Union Road Culvert Replacement 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 #24,073 through #24,092 duly passed and adopted. 55392 - It was moved by Crisman and seconded by Hawbaker that a resolution approving amendments to the Pinnacle Prairie Mixed-Use District Master Plan relative to property located at 4900 Prairie Parkway, be adopted. Following comments by Councilmembers Latta and Ganfield, and Mayor Laudick, public comments by Cedar  -5- Falls residents Susan Eastman, Mary Christoph, and Kim Jensen Jordan, and Brian Shaw, Director of Development at Nelson Construction and Development and Owner of Thrive Now Recovery Centers and Brandon George, Ascension Recovery Strategies, and additional comments and questions by Councilmembers Kruse, Schultz, Hawbaker, and Ganfield, and responses by Mayor Laudick, Director of Community Development Sheetz and City Attorney Rogers, it was moved by Schultz and seconded by Kruse to postpone consideration until the June 16, 2025 City Council Meeting. Following questions by Mayor Laudick, and comments by Councilmembers Kruse, Schultz, Dunn, Hawbaker, and Crisman, and responses by City Attorney Rogers, the motion to postpone carried with 6 voting aye and Latta abstaining. 55393 - It was moved by Kruse and seconded by Hawbaker that the bills and claims of May 19, 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. 55394 - It was moved by Kruse and seconded by Ganfield to consider an ordinance permitting operation of Utility Task Vehicles (UTV) also known as Side-by-Side vehicles in a designated perimeter within the North Cedar area of Cedar Falls per the Iowa State Law at a future Committee of the Whole Meeting. Following questions and comments by Councilmembers Schultz, Kruse, Dunn, and Crisman, and responses by Mayor Laudick, City Attorney Rogers, and Police Chief Howard, and public comments by Cedar Falls residents Rusty Easton and Jim Newcomb, the motion carried unanimously. 55395 - It was moved by Crisman and seconded by Dunn to adjourn to Executive Session to discuss Property Acquisitions 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 those properties. 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 8:27 P.M. Mayor Laudick reconvened the Council meeting at 8:49 P.M. 55396 - It was moved by Ganfield and seconded by Dunn that the meeting be adjourned at 8:50 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk