City Council Meeting

CITY HALL CEDAR FALLS, IOWA, AUGUST 18, 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 7:15 P.M. on the above date. Members present: Schultz, Latta, Kruse (via electronic), Hawbaker, Ganfield, Crisman, Dunn. Absent: None. Mayor Laudick led the Pledge of Allegiance. 55541 - It was moved by Latta and seconded by Hawbaker that the minutes of the Regular Meeting of August 4, 2025, be approved as presented and ordered of record. Motion carried unanimously. 55542 - The Mayor then asked if there were any agenda revisions. City Clerk Kerr noted that item #12 on the Consent Calendar was being removed from the agenda. 55543 - Ryan Hall, Cedar Falls, Head of School for Cedar Ridge Christian School, provided an update on the school and announced a ribbon cutting on September 5, 2025 at 11AM. Kim Jordan, Cedar Falls, expressed concerns with the relocation of the hospital and potential accessibility issues and requested the hospital remain at its current location on College Street. 55544 - Director of Finance & Business Operations Rodenbeck noted the next City Council Meeting will be held on Tuesday, September 2, 2025 in observance of Labor Day and the packet will be available the Wednesday prior. Director of Community Development Sheetz provided details on the Doggie Dip at The Falls Aquatic Center on August 25, 2025 from 6PM – 8PM. 55545 - Mayor Laudick announced that in accordance with the public notice of August 5, 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 Bridge Maintenance Project. It was then moved by Crisman and seconded by Hawbaker that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55546 - 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 Tolan provided an overview of the project. Following a question by Kim Jordan, the Mayor declared the hearing closed and passed to the next order of business. 55547 - It was moved by Crisman and seconded by Ganfield that Resolution #24,216, approving and adopting the plans, specifications, form of contract & estimate of cost for the 2025 Bridge Maintenance Project, be adopted. Following questions by Councilmember Ganfield and Mayor Laudick, and responses by Principal Engineer Tolan and Operations & Maintenance Division Manager Heath, 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 #24,216 duly passed and adopted.  -2- 55548 - Mayor Laudick announced that in accordance with the public notice of August 7, 2025, this was the time and place for a public hearing on the proposed authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $11,000,000 Sewer Revenue Capital Loan Notes. It was then moved by Latta and seconded by Schultz that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55549 - 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. Water Reclamation Manager Griffin provided an overview of the agreement. Following comments by Kim Jordan, the Mayor declared the hearing closed and passed to the next order of business. 55550 - It was moved by Hawbaker and seconded by Latta that Resolution #24,217, instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $11,000,000 Sewer Revenue Capital Loan Notes, 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 #24,217 duly passed and adopted. 55551 - Mayor Laudick announced that in accordance with the public notice of August 7, 2025, this was the time and place for a public hearing on a proposal to vacate a utility easement at 2407 Willow Lane. 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. 55552 - 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 II Sevy provided an overview of the vacation. Following questions by Councilmembers Ganfield and Kruse, and responses by Sevy, the Mayor declared the hearing closed and passed to the next order of business. 55553 - It was moved by Crisman and seconded by Hawbaker that Resolution #24,218, vacating a utility easement at 2407 Willow Lane, 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 #24,218 duly passed and adopted. 55554 - It was moved by Kruse and seconded by Schultz to reconsider Resolution No. 24,195, ordering abatement by the owner of the nuisance located at property located at 315 East Dunkerton Road, such abatement to occur in three phases, with each phase being 30 days in length, and failure by the owner to timely complete any phase of abatement shall result in abatement by the city by demolition of all structures on the property at the owner’s cost. Following questions and comments by Mayor Laudick, and Councilmembers Kruse, Schultz, Latta, Ganfield, Hawbaker, Dunn, and Crisman, and responses by Building Official Castle, City Attorney Rogers, Mayor Laudick, and Director of Community Development Sheetz, it was moved by Crisman and seconded by Latta to call the question. Motion to call the question  -3- carried 5-2, with Kruse and Schultz voting Nay. Following questions by Councilmembers Dunn and Kruse, and responses by Mayor Laudick and City Attorney Rogers, the Mayor put the question on the original motion and upon call of the roll, the following named Councilmembers voted. Aye: Schultz, Kruse, Ganfield. Nay: Latta, Hawbaker, Crisman, Dunn. Motion failed. 55555 - It was moved by Crisman and seconded by Hawbaker that Ordinance #3120, amending the Zoning Map for approximately 0.69 acres of real estate located South of Quail Hollow Lane and North of the new Cedar Falls High School from P, Public District to R-2, Residence District, be passed upon its third & final consideration. Following a comment by Kim Jordan, and response by 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, Crisman, Dunn. Nay: Ganfield. Motion carried. The Mayor then declared Ordinance #3120 duly passed and adopted. 55556 - It was moved by Crisman and seconded by Ganfield that Ordinance #3121, amending Chapter 10, Garbage and Refuse, of the Code of Ordinances relative to disposal by business establishments, 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 #3121 duly passed and adopted. 55557 - It was moved by Crisman and seconded by Latta that Ordinance #3122, amending Chapter 23, Traffic and Motor Vehicles, of the Code of Ordinances relative to parking prohibited on specific streets, be passed upon its second consideration. Following a comment by Kim Jordan, 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. 55558 - It was moved by Crisman 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 August 4, 2025 relative to the following items: a) Historic Preservation Commission Update on Overman Park Reconnaissance Survey Project. b) Information on Forms of Government and Next Steps on City Administrator Hiring Process. Approve the following recommendation of the Mayor relative to the appointment of members to Boards and Commissions: a) Ryan Hall, Board of Adjustment, term ending 03/31/2029. Approve the following applications for retail alcohol licenses: a) Escapology Cedar Falls, 2518 Melrose Drive, Special Class C retail alcohol - renewal. b) The Pump Haus Pub & Grill, 311 Main Street, Class C retail alcohol & outdoor service - renewal. c) Whiskey Road Tavern & Grill, 402 Main Street, Class C retail alcohol & outdoor service - renewal. d) B & B West, 3105 Hudson Road, Class E retail alcohol - renewal.  -4- e) Berk's Main Street Pub, 207 Main Street, Class C retail alcohol - temporary outdoor service. (September 20, 2025) f) Cypress Lounge, 209 State Street, Class C retail alcohol & outdoor service – temporary additional outdoor service. (September 20, 2025) 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. Motion carried unanimously. 55559 - It was moved by Crisman and seconded by Dunn to receive and file the resignation of Jack Baumann as a member of the Human Rights Commission. Following comments by Kim Jordan, Human Rights Commission Chair TW Ingham, and Mayor Laudick, the motion carried unanimously. 55560 - It was moved by Crisman and seconded by Dunn to approve the application of Vape Time, 704 Main Street, for a cigarette/tobacco/nicotine/vapor permit. Following comments by Mayor Laudick, it was moved by Ganfield and seconded by Latta to postpone consideration of this application, and any additional new cigarette/tobacco/ nicotine/vapor permits in the immediate term until the September 22, 2025 City Council Meeting to consider a moratorium at the September 2, 2025 City Council Meeting. Following comments by Councilmembers Hawbaker, Schultz, and Dunn, and responses by Mayor Laudick and City Attorney Rogers and comments by Kim Jordan, the motion passed 5-2, with Hawbaker and Dunn voting Nay. Following a comment by Director of Finance & Business Operations Rodenbeck regarding the incorrect meeting date of September 22, 2025, a re-vote was done to clarify the postponement to the September 15, 2025 City Council Meeting. The motion carried 5-2, with Hawbaker and Dunn voting Nay. 55561 - It was moved by Crisman and seconded by Latta that the following resolutions be introduced and adopted: Resolution #24,219, approving and authorizing execution of a Confidentiality and Non-Disclosure Agreement with IP Pathways, LLC, relative to migrating the City's data center to the Cloud. Resolution #24,220, approving and authorizing execution of an Agreement with Horizontal Solutions, Inc. DBA PolishMaxx relative to renovations at the Recreation Center. Resolution #24,221, approving and authorizing execution of an Agreement with Water's Edge Aquatic Design relative to the Falls Aquatic Center Enhancement Plan. Resolution #24,222, approving and authorizing execution of a Service/Product Agreement with Iowa Northland Regional Council of Governments (INRCOG) for administration and technical services related to Home Investment Partnerships Program (HOME) Funding Project Delivery for FY2026 (Federal Fiscal Year 2025). Resolution #24,223, approving and authorizing the expenditure of funds for the  -5- rehabilitation. Resolution #24,224, setting September 2, 2025 as the date of public hearing on proposed amendments to Chapters 17 and 23, of the Code of Ordinances, that incorporate portions of the Iowa Code, and in particular Iowa Code Sections 321.20B, 321A.21, 321I.12, 321.445, and 321.446. 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 #24,219 through #24,224 duly passed and adopted. 55562 - It was moved by Crisman and seconded by Hawbaker that Resolution #24,225, approving and adopting a revised job classification for the position of Payroll Technician, be approved. Following a question by Councilmember Ganfield and response by Human Resources Manager Schindel, 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 #24,225 duly passed and adopted. 55563 - It was moved by Hawbaker and seconded by Schultz that Resolution #24,226, setting September 2, 2025 as the date of public hearing on proposed amendments to Chapter 7, Buildings and Building Regulations, of the Code of Ordinances relative to amendments, National Electrical Code adoption, and National Electrical Code amendments, be approved. Following comments by Councilmember Kruse, Craig Fairbanks, Cedar Falls, 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, Hawbaker, Crisman, Dunn. Nay: Kruse, Ganfield. Motion Carried. The Mayor then declared Resolution #24,226 duly passed and adopted. 55564 - It was moved by Crisman and seconded by Dunn that Resolution #24,227, setting September 2, 2025 as the date of public hearing on proposed amendments to Chapter 15, Nuisances, of the Code of Ordinances relative to nuisance defined; certain acts, conditions declared as nuisances and responsibility for abatement; abatement defined, be approved. Following comments by Councilmember Kruse, and Kim Jordan, the Mayor put the question on the motion and upon call of the roll, the following named Councilmembers voted. Aye: Latta, Hawbaker, Crisman, Dunn. Nay: Schultz, Kruse, Ganfield. Motion Carried. The Mayor then declared Resolution #24,227 duly passed and adopted. 55565 - It was moved by Ganfield and seconded by Crisman that the bills and claims of August 18, 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. Following comments by Kim Jordan, and responses by Mayor Laudick and Director of Finance & Business Operations Rodenbeck, the following named Councilmembers voted. Aye: Schultz, Latta, Kruse, Hawbaker, Ganfield, Crisman, Dunn. Nay: None. Motion carried. 55566 - It was moved by Kruse and seconded by Ganfield to incorporate language into our city ordinances to define what a vulnerable person is and use it in the context of protecting a citizen's property rights and aid in code enforcement interpretations. Following comments and questions by Mayor Laudick and Councilmembers Dunn,  -6- Kruse, Hawbaker, and Latta, and responses by City Attorney Rogers, it was moved by Latta and seconded by Hawbaker to call the question. Motion to call the question carried 6-1, with Kruse voting Nay. The original motion then failed 1-6 with Schultz, Latta, Hawbaker, Ganfield, Crisman, and Dunn voting Nay. 55567 – It was moved by Kruse and seconded by Schultz to include an exclusion in the zoning ordinance to allow accessory buildings if there is no house on a City lot. The exclusion would be if a house is removed, damaged by tornado or other storms, tore down or burnt down, the pre-existing accessory buildings can remain. Following comments by Councilmembers Kruse, Dunn, and Ganfield, and responses by Director of Community Development Sheetz and Mayor Laudick, it was moved by Crisman and seconded by Hawbaker to call the question. Motion to call the question carried unanimously. Following a question by Mayor Laudick and response by City Attorney Rogers, and comments by Bob Manning, Cedar Falls, and Kim Jordan, the motion failed 2-5, with Latta, Hawbaker, Ganfield, Crisman, and Dunn voting Nay. 55568 - It was moved by Crisman and seconded by Latta to adjourn to Executive Session 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 pursuant to Iowa Code Section 21.5(1)(j) and to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the City in that litigation pursuant to Iowa Code Section 21.5(1)(c). 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 8:57 P.M. Mayor Laudick reconvened the Council meeting at 10:12 P.M. 55569 - It was moved by Hawbaker and seconded by Crisman that the meeting be adjourned at 10:13 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk