City Council

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION March 26, 2024, 4:00 PM City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Tiffany D. O’Donnell and Council members Marty Hoeger, David Maier, Scott Olson, Tyler Olson, Scott Overland, Ann Poe, Dale Todd and Ashley Vanorny. Also present were City Manager Jeff Pomeranz and City Attorney Vanessa Chavez. The invocation was given by Public Safety Chaplain Ken Glandorf. Pledge of Allegiance. Mayor O’Donnell and Council member Poe presented a Proclamation declaring April 6, 2024 as Disabilities Awareness Day. Mayor O’Donnell and Council member Maier presented a Proclamation declaring April 7, 2024 as the Cedar Rapids Community Orchestra 10th Anniversary Celebration. Resolutions and motions were adopted with all Council members and Mayor O’Donnell voting “Aye” unless noted. 1. A public hearing was held to consider amendments to the Section 8 Housing Choice Voucher Program Public Housing Agency Annual Plan and Administrative Plan (Sara Buck). (Council Priority) No comments or objections were heard or filed. a. 0360-03-24 a. Resolution adopting amendments to the Section 8 Housing Choice Voucher Program Public Housing Agency Annual Plan and Administrative Plan. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 2. A public hearing was held to consider a change of zone for property at 1630 1st Avenue NE from T-MC, Traditional Mixed Use Center District, to U-NG, Urban Neighborhood General District, as requested by BCMT, LLC (William Micheel). (Council Priority) No comments or objections were heard or filed. b. a. First Reading: Ordinance granting a change of zone for property at 1630 1st Avenue NE from T-MC, Traditional Mixed Use Center District, to U-NG, Urban Neighborhood General District, as requested by BCMT, LLC. Council member S. Olson moved the approval of the Ordinance on its first reading and that it be filed in the office of the City Clerk for public inspection, as required by law, to be considered for action at a later date; seconded by Council member Todd. Result: Approved. 1  3. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 4th Street SE from 1st Avenue E to 5th Avenue SE East Central Quiet Zone Improvements project (estimated cost is $510,000) (Ken DeKeyser). (Council Priority) No comments or objections were heard or filed. c. 0361-03-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the 4th Street SE from 1st Avenue E to 5th Avenue SE East Central Quiet Zone Improvements project. Council member Maier moved to approve; seconded by Council member Hoeger. Result: Approved. 4. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the FCS Modifications Along 1st Street NE project (estimated cost is $160,000) (Rob Davis). (Council Priority) No comments or objections were heard or filed. d. 0362-03-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the FCS Modifications Along 1st Street NE project. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 5. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2024 On Call Concrete Repairs project (estimated cost is $125,000) (Brandon Jennings). No comments or objections were heard or filed. e. 0363-03-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the 2024 On Call Concrete Repairs project. Council member Overland moved to approve; seconded by Council member Poe. Result: Approved. 6. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Replace North Elevator in City Hall project (estimated cost is $265,000) (Jason Stancliffe). No comments or objections were heard or filed. f. 0364-03-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the Replace North Elevator in City Hall project. Council member S. Olson moved to approve; seconded by Council member Todd. Result: Approved. Public comments were heard. Motion to approve the agenda. Council member Poe moved to approve; seconded by Council member Todd. Result: Approved. Motion to approve the consent agenda. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 2  7. Motion to approve the minutes. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0365-03-24 8. Resolution setting a public hearing for April 9, 2024 to consider the vacation of an access easement between 275 1st Avenue and 175 3rd Street SW as requested by 1st & 1st, LLC. (Council Priority) Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0366-03-24 9. Resolution setting a public hearing for April 9, 2024 to consider the vacation of a sanitary sewer easement between 275 1st Avenue and 175 3rd Street SW as requested by 1st & 1st, LLC. (Council Priority) Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0367-03-24 10. Resolution setting a public hearing for April 9, 2024 to consider the vacation and disposition of a 0.99-acre parcel of 33rd Avenue SW between Williams Boulevard and west of Sequoia Drive SW as requested by Atwood Rentals, LLC. (Council Priority) Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0368-03-24 11. Resolution setting a public hearing for April 9, 2024 to consider the vacation and disposition of a 1.24-acre parcel of 33rd Avenue SW between Williams Boulevard and west of Sequoia Drive SW as requested by Bellon-Africa Family Farms, L.C. (Council Priority) Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0369-03-24 12. Resolution setting a public hearing for April 9, 2024 to consider an agreement for an Underground Electric Line Easement with Interstate Power and Light Company on City- owned property at 1239 4th Street SE in connection with the 16th Avenue SE from 2nd Street to 4th Street Pavement and Water Main Improvements project. (Council Priority) Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0370-03-24 13. Resolution authorizing the Utilities Director to attend the American Water Works Association Annual Conference and Exposition in Anaheim, CA in June 2024 for an estimated amount of $3,785.19. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 14. Motion setting public hearing date for: a. April 9, 2024 – to consider amending Chapter 9 of the Municipal Code, Streets, Alleys and Sidewalks, by enacting paragraphs relating to sidewalk, parking and driveway maintenance and repair. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 3  15. Motion setting public hearing date and directing publication thereof, filing plans and/or specifications, form of contract and estimated cost, advertising for bids by posting notice to bidders as required by law, and authorizing City officials or designees to receive and open bids and publicly announce the results for: a. April 9, 2024 – Ellis Golf Course ADA Improvements project (estimated cost is $630,000).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 16. Motion assessing civil penalties for violation of State Code regarding the sale of alcohol to minors against: a. Essentials, 1500 1st Avenue NE (first offense – $500). CIP/DID #LIQR006234-09- 2023 Kwik Star #1107, 1900 16th Avenue SW (first offense – $500).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 17. Motion approving the beer/liquor/wine applications of: a. Acapulco Seafood & Grill, 2925 Williams Parkway SW (new – formerly Vivian’s Soul Food). b. Buffalo Wild Wings, 2020 Edgewood Road SW. c. Cedar Rapids Country Club, 550 27th Street Drive SE. d. Cedar Rapids Public Library Foundation, 450 5th Avenue SE (5-day license for an event). e. Discount Liquor, 2933 1st Avenue SE. f. Hazzard County Saloon, 402 2nd Avenue SE. g. Hy-Vee #7 Club Room, 5050 Edgewood Road NE. h. Jersey’s Pub & Grub, 5761 C Street SW, Suite A. i. Orchestra Iowa, 119 3rd Avenue SE (5-day license for an event). j. Roscoe’s Pizza, 212 Edgewood Road NW. k. Sag Wagon, 827 Shaver Road NE. l. Sandlot Sports, 4655 Tower Terrace Road NE. m. Tait Cummins Sports Complex, 3000 C Street SW (8-month seasonal license). n. Twin Pines Golf Course, 3800 42nd Street NE.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 18. Resolutions approving: 0371-03-24 a. Payment of bills.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0372-03-24 b. Payroll.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0373-03-24 c. Transfer of funds.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 4  19. Resolutions approving assessment actions: 0374-03-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – nine properties. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0375-03-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – two properties. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0376-03-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 45 properties.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0377-03-24 d. Levy assessment – Water Division – delinquent municipal utility bills – 23 properties.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 20. Resolutions accepting subdivision improvements and approving Maintenance Bonds: 0378-03-24 a. PCC pavement in Midwest Commerce Park North 1st Addition and 4-year Maintenance Bond submitted by Schrader Excavating and Grading Co. in the amount of $25,630.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0379-03-24 b. Sanitary sewer in Midwest Commerce Park North 1st Addition and 4-year Maintenance Bond submitted by Schrader Excavating and Grading Co. in the amount of $445,200.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 21. Resolution accepting project, approving Performance Bond and authorizing final payment: 0380-03-24 a. ADA Compliance – Cedar Rapids Transit, Ground Transportation Center, and Animal Care & Control project, final payment in the amount of $17,051.09 and 2-year Performance Bond submitted by Peak Construction Group Inc. (original contract amount was $521,800; final contract amount is $861,546.40).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 22. Resolution approving final plat: 0381-03-24 a. Big Ben Second Addition for land north of Wright Brothers Boulevard SW and west of Brighton Way SW. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 5  23. Resolutions approving actions regarding purchases, contracts and agreements: 0382-03-24 a. Amendment No. 2 to the American Rescue Plan Act subrecipient agreement with Feed Iowa First for the Improving Food Access Infrastructure program.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0383-03-24 b. Amendment No. 1 to the American Rescue Plan Act subrecipient agreement with Young Parents Network, Inc. for the Afghan Immigrant Pilot Program.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0384-03-24 c. Memorandum of Agreement with the City of Iowa City and application to the U.S. Environmental Protection Agency for a Climate Pollution Reduction Implementation Grant. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0385-03-24 d. Amending Resolution No. 0436-03-21, which authorized a FEMA Hazard Mitigation Assistance grant application, to revise the estimated local match to $1,500,000 and the project name to Cedar Rapids Hagan’s Detention Basin Expansion project.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0386-03-24 e. Community Attraction and Tourism Grant Agreement with the Enhance Iowa Board in the amount of $800,000 for the ConnectCR project. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0387-03-24 f. Amending Resolution No. 1537-12-18, which authorized reimbursement of sanitary sewer relocation costs to the Iowa Department of Transportation for the Grade and Replace on U.S. 151 from Approximately 0.2 Miles South of Church Street in Fairfax to South of Dean Road project, to revise the final reimbursement amount to $528,989.29.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0388-03-24 g. Amendment to the 28E Agreement with Linn County for the creation of a Homeless Systems Manager position. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0389-03-24 h. 28E Agreement with Linn County for the Taft and West Willow Safe Routes to School project. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0390-03-24 i. Amended and Restated Development Agreement with Watts Group Development, Inc. for the redevelopment of property at 1953 1st Avenue SE. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 6 0391-03-24 j. Fleet Services Division purchase of a mower for Gardner Golf Course from MTI Distributing in the amount of $64,844.52.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0392-03-24 k. Amendment to the Master Services Agreement with Involta, LLC for various projects for the Information Technology Department to add services for a total contract amount of $212,311.44.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0393-03-24 l. Amendment No. 9 to the contract with USIC Locating Services, Inc. for fiber locating and marking services for the Information Technology Department to extend the contract and add services in the amount of $40,000 (original contract amount was $170,000; total contract amount with this amendment is $240,000).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0394-03-24 m. Amending Resolution No. 1894-12-23, which authorized the Information Technology Department to purchase four uninterruptible power supply units for the Joint Communications Agency from Data Power Technology Group, to add funding for bonds for an amount not to exceed $1,125 (original contract amount was $167,500; total contract amount with this amendment is $168,625).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0395-03-24 n. Contract with Cunningham Recreation for a new playground at Jacolyn Park for the Parks and Recreation Department for an amount not to exceed $135,000.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0396-03-24 o. Contract with D&N Fence Co., Inc. for fencing for the Oakhill Jackson/Downtown Dog Park (formerly known as the NewBo Dog Park) for the Parks and Recreation Department for an amount not to exceed $61,829.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0397-03-24 p. Agreement with Forensic Technology Inc. for a SafeGuard warranty and protection plan for the Integrated Ballistic Identification System components used by the Police Department for five years for a total amount not to exceed $88,490.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0398-03-24 q. Contract with Greg's Lawn Service, Inc. for median and bioswale maintenance for the Public Works Department for an annual amount not to exceed $120,000.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0399-03-24 r. Fleet Services Division purchase of an F-550 XL crew cab chassis with utility body from McGrath Ford for use by the Water Pollution Control Facility in the amount of $158,225.99.. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 7 0400-03-24 s. Amendment No. 1 to renew the contract with FBG Service Corporation for janitorial services for the Utilities Department for two years for a total amount not to exceed $73,584 (original contract amount was $35,256 annually; renewal contract amount is $36,792 annually).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0401-03-24 t. Professional Services Agreement with Bolton & Menk, Inc. for an amount not to exceed $1,514,579 for engineering design services in connection with the Johnson Avenue NW from 32nd Street to 18th Street Utility and Roadway Improvements project. (Paving for Progress). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0402-03-24 u. Partial final payment in the amount of $438,209.70 to Boomerang Corp. for the 1st Street NW/SW Flood Control System from E Avenue NW to 2nd Avenue SW project (original contract amount was $8,852,304; total contract amount with this amendment is $9,672,945.58). (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0403-03-24 v. Partial final payment in the amount of $70,984.39 to Boomerang Corp. for the Czech Village 12th Avenue SW Detention Basin project (original contract amount was $1,873,929; total contract amount with this amendment is $2,007,533.89). (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0404-03-24 w. Agreement in the amount of $15,315, plus sign relocation benefits in the amount of $11,699, and accepting a Warranty Deed for right-of-way and a Temporary Construction Easement from St. Andrews Golf Course, LLC for land at 1834 Blairs Ferry Road NE in connection with the Blairs Ferry Road NE from North Towne Place NE to Sammi Drive NE Sidewalk Infill project. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0405-03-24 x. Supplemental Agreement in the amount of $13,319 with Plumb Supply Company, LLC for sign relocation benefits at 1716 Blairs Ferry Road NE in connection with the Blairs Ferry Road NE from North Towne Place NE to Sammi Drive NE Sidewalk Infill project. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 0406-03-24 y. Final payment in the amount of $124,943.37 to MidAmerican Energy Company for utility reestablishment on the property west of 915 Shaver Road NE in connection with the Cedar River Flood Risk Management Project – Reach 1 Lower McLoud (Alliant) Levee project, and approving the final project cost of $459,394.93. (Council Priority). Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 8 0407-03-24 z.Amending Resolution No. 0134-01-24, which awarded a contract to Rathje Construction Co. for the Tower Terrace Road: Phase B – PCC Pavement project, to add an incentive in the amount of $50,000 (original contract amount was $4,924,259.71; total contract amount with this amendment is $4,974,259.71).. Council member Maier moved to approve; seconded by Council member Overland. Result: Approved. 24. Report on bids for the J Ave WTP Storm Sewer Improvements project (estimated cost is $200,000) (Terry Tiedemann). g. 0408-03-24 a. Resolution awarding and approving contract in the amount of $127,843, bond and insurance of Dave Schmitt Construction Co., Inc. for the J Ave WTP Storm Sewer Improvements project. Council member Vanorny moved to approve; seconded by Council member Hoeger. Result: Approved. 25. Report on bids for the ADA Compliance at McGrath Amphitheater project (estimated cost is $492,000) (Jeff Koffron). (Council Priority) h. 0409-03-24 a. Resolution awarding and approving contract in the amount of $394,900, bond and insurance of B&M Construction for the ADA Compliance at McGrath Amphitheater project. Council member Overland moved to approve; seconded by Council member T. Olson. Result: Approved. 012-24 26. Ordinance repealing Chapter 61 of the Municipal Code, Traffic Regulations, and enacting a new Chapter 61 in its place to include new and updated definitions; regulate the use of all- terrain vehicles, off-road vehicles, golf carts and snowmobiles; add or increase parking fees; and comply with current practice and relevant law. (Council Priority) Council member Todd moved that the Ordinance be adopted on its third and final reading; seconded by Council member Vanorny. Result: Adopted. 013-24 27. Ordinance amending Chapter 32 of the Municipal Code, Zoning, to update zone districts, use-specific standards, development standards, review and approval procedures, nonconformities and definitions. (Council Priority) Council member S. Olson moved the approval of the Ordinance on its second reading; seconded by Council member Overland. Result: Approved. Council member Poe moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its third and final reading; seconded by Council member Vanorny. Result: Adopted. 9 014-24 28. Ordinance repealing Chapter 32B of the Municipal Code, Floodplain Management, and enacting a new Chapter 32B in its place to continue participating in the National Flood Insurance Program, qualify for increased premium discounts for property owners, and adopt higher protection standards within the Special Flood Hazard Areas and for critical facilities in the shaded X Flood Zones. (Council Priority) Council member T. Olson moved the approval of the Ordinance on its second reading; seconded by Council member Hoeger. Result: Approved. Council member Poe moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its third and final reading; seconded by Council member Maier. Result: Adopted. Public comments were heard. Motion to adjourn. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. City Council adjourned at 5:08 PM to meet Tuesday, April 9, 2024 at 12:00 noon. Alissa Van Sloten, City Clerk 10