City Council Meeting

CITY HALL CEDAR FALLS, IOWA, SEPTEMBER 2, 2025 REGULAR MEETING, CITY COUNCIL MAYOR PRO TEM CHRIS LATTA 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: Mayor Laudick. Mayor Pro Tem Latta led the Pledge of Allegiance. 55570 - It was moved by Crisman and seconded by Hawbaker that the minutes of the Regular Meeting of August 18, 2025, be approved as presented and ordered of record. Motion carried unanimously. 55571 - Kim Jordan, Cedar Falls, commented on the benefits of protective layers and expressed concerns with overspending. 55572 - Director of Public Works Schrage provided details on the Household Hazardous Waste & Electronics Drop-off Event on Saturday, September 6, 2025 from 9AM – 12:30 PM at the Public Works Complex. 55573 - Mayor Pro Tem Latta announced that in accordance with the public notice of August 23, 2025, this was the time and place for a 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. It was then moved by Hawbaker and seconded by Crisman that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55574 - The Mayor Pro Tem 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 Pro Tem then called for oral comments. Building Official Castle provided an overview of the amendments. Following questions by Councilmembers Kruse, Ganfield, and Hawbaker, and responses by Castle, and public comments by Cedar Falls residents Bob Manning, Craig Fairbanks, and Kim Jordan, the Mayor Pro Tem declared the hearing closed and passed to the next order of business. 55575 - It was moved by Dunn and seconded by Crisman to pass an ordinance amending Chapter 7, Buildings and Building Regulations, of the Code of Ordinances relative to amendments, National Electrical Code adoption, and National Electrical Code amendments, upon its first consideration. Following comments and questions by Councilmembers Kruse and Ganfield, and responses by Building Official Castle and City Attorney Rogers, it was moved by Ganfield and seconded by Kruse to amend the motion to strike “shall be connected to the city subdrain/storm sewer system” from sections R401.3 and 1502.5 and replace it with “shall be compliant with code of ordinances sections 7-196 through 7-204.” Following comments and questions by Councilmembers Ganfield, Kruse, and Schultz, and responses by Rogers and Castle, Councilmember Ganfield withdrew the motion to amend. It was then moved by Ganfield and seconded by Kruse to postpone consideration until the October 6, 2025 City Council Meeting. Following additional comments by Councilmembers Kruse, and responses by Director of Community Development Sheetz and Rogers, it was moved by Dunn and seconded by Crisman to call the question. Motion to call the question failed 4-3, with Schultz, Kruse, and Ganfield voting Nay. Following comments by Mayor Pro Tem Latta, Hawbaker, Kruse, Ganfield, Schultz, and Dunn,  -2- and a question by Rogers, the motion to postpone carried 5-2, with Crisman and Dunn voting Nay. 55576 - Mayor Pro Tem Latta announced that in accordance with the public notice of August 23, 2025, this was the time and place for a 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. It was then moved by Schultz and seconded by Crisman that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55577 - The Mayor Pro Tem 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 Pro Tem then called for oral comments. Building Official Castle provided an overview of the amendments. There being no one else present wishing to speak about the proposed amendments, the Mayor Pro Tem declared the hearing closed and passed to the next order of business. 55578 - It was moved by Crisman and seconded by Hawbaker that Ordinance #3123, amending 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 passed upon its first consideration. Following comments by Councilmember Kruse and responses by Building Official Castle, it was moved by Kruse and seconded by Ganfield to amend the motion to strike “and consistent with the appearance and character of the structure under reconstruction or repair and consistent with other properties in the immediate vicinity of the premises” from Section 15-4(c). Following comments by Councilmember Dunn, the motion to amend failed 2-5, with Schultz, Latta, Hawbaker, Crisman, and Dunn voting Nay. The Mayor Pro Tem 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. Motion carried. 55579 - Mayor Pro Tem Latta announced that in accordance with the public notice of August 23, 2025, this was the time and place for a 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. It was then moved by Crisman and seconded by Schultz that the proof of publication of notice of hearing be received and placed on file. Motion carried unanimously. 55580 - The Mayor Pro Tem 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 Pro Tem then called for oral comments. City Attorney Rogers provided an overview of the amendments. Following questions by Councilmember Kruse, and responses by Rogers, and comments by Jim Newcomb, Cedar Falls, the Mayor Pro Tem declared the hearing closed and passed to the next order of business. 55581 - It was moved by Kruse and seconded by Schultz that Ordinance #3124, amending Chapter 17, of the Code of Ordinances, relative to traffic regulations and Chapter 23, of the Code of Ordinances, relative to definitions, all-terrain vehicles and off-road utility vehicles; street or highway operation, and operation of off-road utility vehicles (UTV's) on designated streets, be passed upon its first consideration. Following  -3- comments by Councilmember Ganfield and Mayor Pro Tem Latta, and Rusty Easton, Cedar Falls, the Mayor Pro Tem 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. 55582 - It was moved by Ganfield and seconded by Crisman 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 third & final consideration. Following due consideration by the Council, the Mayor Pro Tem 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 Pro Tem then declared Ordinance #3122 duly passed and adopted. 55583 - It was moved by Hawbaker and seconded by Kruse 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 18, 2025 relative to the following item: a) Trailer Ordinance Amendment. Approve the application of Flashing Thunder Fireworks for a fireworks display permit for October 10, 2025. Approve the following applications for retail alcohol licenses: a) Murphy USA, 518 Brandilynn Boulevard, Class B retail alcohol - renewal. b) River Place Plaza, 200 East 2nd Street – Plaza, Special Class C retail alcohol & outdoor service -temporary expansion of outdoor service area. (September 25, 2025) c) Blue Room, 201 Main Street, Class C retail alcohol - temporary outdoor service. (September 20, 2025) d) Montage, 222-224 Main Street, Class C retail alcohol & outdoor service - temporary additional outdoor service. (September 20, 2025) e) The Black Hawk Hotel/Bar Winslow, 115-117 Main Street, Class C retail alcohol - temporary outdoor service. (September 20, 2025) f) The Horny Toad American Bar & Grille, 202 - 204 Main Street, Class C retail alcohol - temporary outdoor service. (September 20, 2025) g) The Landmark, 107 Main Street, Class C retail alcohol & outdoor service - temporary additional outdoor service. (September 20, 2025) h) Lost Woods, 1400 East Lone Tree Road, Special Class C retail alcohol & outdoor service - 5-day license. i) CVS/Pharmacy, 2302 West 1st Street, Class E retail alcohol - change in ownership. Motion carried unanimously. 55584 - It was moved by Crisman and seconded by Dunn that the following resolutions be introduced and adopted: Resolution #24,228, approving and authorizing the Transfer of Funds from the General Fund to the Capital Projects Fund relative to the Fiscal year ending June 30, 2025. Resolution #24,229, levying a final assessment for costs incurred by the City to mow the property located at 813 West 2nd Street.  -4- Resolution #24,230, levying a final assessment for costs incurred by the City to mow the property located at 1309 State Street. Resolution #24,231, levying a final assessment for costs incurred by the City to mow the property located at 1321 West 12th Street. Resolution #24,232, levying a final assessment for costs incurred by the City to mow the property located at 2012 Waterloo Road. Resolution #24,233, levying a final assessment for costs incurred by the City to mow the property located at 3824 Clearview Drive. Resolution #24,234, approving and accepting Local Fire Protection and Emergency Medical Services Grant Program funding from the Iowa Department of Inspections and Appeals relative to providing fireworks safety education materials and kids' bunker gear. Resolution #23,235, approving and authorizing submission of an Iowa Tourism Grant (ITG) application for leisure advertising and promotions. Resolution #24,236, approving and authorizing execution of an Agreement with Black Hawk Roof Company relative to roof replacement at 2200 Technology Parkway, Public Works. Resolution #24,237, receiving and filing the bids, and approving and accepting the low bid of Boulder Contracting, LLC in the amount of $280,986.53 for the 2025 Bridge Maintenance Project. Following due consideration by the Council, the Mayor Pro Tem 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 Pro Tem then declared Resolutions #24,228 through #24,237 duly passed and adopted. 55585 - It was moved by Crisman and seconded by Hawbaker that Resolution #24,238, establishing a moratorium on the issuance of new retail tobacco permits until June 1, 2026, be approved. Following comments by Mayor Pro Tem Latta, Councilmembers Kruse, and Schultz, and Kim Jordan, and responses by City Attorney Rogers, the Mayor Pro Tem 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 Pro Tem then declared Resolution #24,238 duly passed and adopted. 55586 - It was moved by Crisman and seconded by Dunn that Resolution #24,239, approving and authorizing execution of a Participation Agreement involving Purdue and the Sackler family relative to a national opioid settlement, be approved. Following comments by Kim Jordan, and responses by Mayor Pro Tem Latta, and City Attorney Rogers, the Mayor Pro Tem 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 Pro Tem then declared Resolution #24,239 duly passed and adopted. 55587 - It was moved by Ganfield and seconded by Hawbaker that Resolution #24,240, approving and authorizing execution of a Participation Agreement involving Alvogen,  -5- Amneal, Apotex, Hikma, Indivior, Mylan, Sun and Zydus relative to a national opioid settlement, be approved. Following due consideration by the Council, the Mayor Pro Tem 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 Pro Tem then declared Resolution #24,240 duly passed and adopted. 55588 - It was moved by Crisman and seconded by Hawbaker that Resolution #24,241, approving a College Hill Neighborhood Overlay District design review for a steel roof located at 2110 Campus Street, be approved. Following comments by Kim Jordan, and Councilmembers Dunn and Ganfield, the Mayor Pro Tem 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 Pro Tem then declared Resolution #24,241 duly passed and adopted. 55589 - It was moved by Crisman and seconded by Dunn that Resolution #24,242, approving and authorizing a form of Interim Loan and Disbursement Agreement with the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $11,000,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2025 and providing for a method of payment of said Note, be approved. Following comments by Kim Jordan, and Mayor Pro Tem Latta, the Mayor Pro Tem 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 Pro Tem then declared Resolution #24,242 duly passed and adopted. 55590 - It was moved by Hawbaker and seconded by Crisman that the bills and claims of September 2, 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. 55591 - Councilmember Ganfield requested an update on the timetable on the Main Street, Viking Road, and Laurel Circle Construction Projects. Director of Public Works Schrage responded. Councilmember Kruse requested an update on the Dunkerton Road property. Director of Community Development Sheetz and Mayor Pro Tem Latta commented. 55592 - It was moved by Ganfield and seconded by Crisman to adjourn to Executive Session to discuss Property Acquisition 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 that property. 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 8:35 P.M.  -6- Mayor Pro Tem Latta reconvened the Council meeting at 8:46 P.M. 55593 - It was moved by Ganfield and seconded by Kruse that the meeting be adjourned at 8:45 P.M. Motion carried unanimously. __________________________________ Kim Kerr, CMC, City Clerk