City Council

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION April 23, 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 Sam Anderson. Pledge of Allegiance. Mayor O’Donnell presented a Proclamation declaring May 2024 as Mental Health Awareness Month. Mayor O’Donnell and Council member Poe presented a Proclamation declaring April 2024 as Volunteer Month. 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 the fiscal year 2025 annual budget (Abhi Deshpande). No comments or objections were heard or filed. a. 0466-04-24 a. Resolution adopting the fiscal year 2025 annual budget and transfers. Council member Todd moved to approve; seconded by Council member Poe. Result: Approved. 2. A public hearing was held to consider amending Chapter 12 of the Municipal Code, Water Service, by repealing existing rates and establishing new rates for fiscal year 2025 (Abhi Deshpande and Dave Wallace). No comments or objections were heard or filed. b. a. First Reading: Ordinance amending Chapter 12 of the Municipal Code, Water Service, by repealing existing rates and establishing new rates for fiscal year 2025. Council member Vanorny 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 S. Olson. Result: Approved. 1 3. A public hearing was held to consider amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing existing rates and establishing new rates for fiscal year 2025 (Abhi Deshpande and Dave Wallace). No comments or objections were heard or filed. c. a. First Reading: Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing existing rates and establishing new rates for fiscal year 2025. Council member Hoeger 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 T. Olson. Result: Approved. 4. A public hearing was held to consider amending Chapter 24 of the Municipal Code, Solid Waste and Recycling, by repealing existing rates and establishing new rates for fiscal year 2025 (Abhi Deshpande and Dave Wallace). No comments or objections were heard or filed. d. a. First Reading: Ordinance amending Chapter 24 of the Municipal Code, Solid Waste and Recycling, by repealing existing rates and establishing new rates for fiscal year 2025. Council member Overland 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 Poe. Result: Approved. 5. A public hearing was held to consider amending Chapter 72 of the Municipal Code, Stormwater Management, by repealing existing rates and establishing new rates for fiscal year 2025 (Abhi Deshpande, Brenna Fall and Dave Wallace). No comments or objections were heard or filed. e. a. First Reading: Ordinance amending Chapter 72 of the Municipal Code, Stormwater Management, by repealing existing rates and establishing new rates for fiscal year 2025. Council member Maier 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 Poe. Result: Approved. 6. A public hearing was held to consider amending Chapter 32 of the Municipal Code, Zoning, to update use-specific standards, development standards, review and approval procedures, and definitions (Haley Sevening and Betsy Borchardt). (Council Priority) No comments or objections were heard or filed. f. a. First Reading: Ordinance amending Chapter 32 of the Municipal Code, Zoning, to update use-specific standards, development standards, review and approval procedures, and definitions. 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. 2  7. A public hearing was held to consider a change of zone for property at 860 17th Street SE from T-RF, Traditional Residential Flex District, to T-RH, Traditional Residential High District, as requested by Dahnovan Builders LLC (William Micheel). (Council Priority) Comments were heard. No written comments or objections were filed. g. a. First Reading: Ordinance granting a change of zone for property at 860 17th Street SE from T-RF, Traditional Residential Flex District, to T-RH, Traditional Residential High District, as requested by Dahnovan Builders LLC. Council member Todd 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 Poe. Result: Approved. 8. A public hearing was held to consider a Permanent Sanitary Sewer Service Line Easement northwest of the intersection of Ely Road SW and Old River Road SW, adjacent to the Cedar River, as requested by BUZ Properties, LLC (Rob Davis). No comments or objections were heard or filed. h. 0467-04-24 a. Resolution authorizing execution of an agreement for a Permanent Sanitary Sewer Service Line Easement northwest of the intersection of Ely Road SW and Old River Road SW, adjacent to the Cedar River, as requested by BUZ Properties, LLC. Council member Overland moved to approve; seconded by Council member T. Olson. Result: Approved. 9. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2024 Pavement Milling and Curb Repair project (estimated cost is $4,870,000) (Doug Wilson). (Paving for Progress) No comments or objections were heard or filed. i. 0468-04-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the 2024 Pavement Milling and Curb Repair project. Council member Overland moved to approve; seconded by Council member Maier. Result: Approved. Public comments were heard. Motion to approve the agenda. Council member Vanorny moved to approve; seconded by Council member Maier. Result: Approved. Motion to approve the consent agenda. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 10. Motion to approve the minutes. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 3 0469-04-24 11. Resolution directing the advertisement for sale of $65,310,000 General Obligation Bonds, Series 2024A, and approving electronic bidding procedures and official statement. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0470-04-24 12. Resolution directing the advertisement for sale of $10,605,000 Water Revenue Bonds, Series 2024B, and approving electronic bidding procedures and official statement. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0471-04-24 13. Resolution of support for the unnamed creek located east of C Avenue, south of Oak Park Trail, west of Alburnett Road and north of Dry Creek to be recognized as Coopers Creek by the U.S. Geological Survey. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0472-04-24 14. Resolution of support and authorizing local match funds for an application by 4th Avenue Properties, LLC to the Iowa Economic Development Authority for Workforce Housing Tax Credits for a redevelopment project along 4th Avenue SW between 2nd Street and 3rd Street SW. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0473-04-24 15. Resolution of support and authorizing local match funds for an application by Aspect Investments, LC to the Iowa Economic Development Authority for Workforce Housing Tax Credits for a mixed-use redevelopment project at 222 3rd Street SE. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0474-04-24 16. Resolution of support and authorizing local match funds for an application by D Taggart Holdings, Inc. to the Iowa Economic Development Authority for Workforce Housing Tax Credits for a housing redevelopment project along the 900 block of M Street SW and 1213 N Street SW. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0475-04-24 17. Resolution of support and authorizing local match funds for an application by KN Properties 15 LLC to the Iowa Economic Development Authority for Workforce Housing Tax Credits for a mixed-use redevelopment project at 611 2nd Avenue SE. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0476-04-24 18. Resolution of support and authorizing local match funds for an application by The Vesnice LLC to the Iowa Economic Development Authority for Workforce Housing Tax Credits for a mixed-use redevelopment project at 116 16th Avenue SE. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 4 0477-04-24 19. Resolution adopting and levying final schedule of assessments and providing for the payment thereof for the 2023 Fair Oaks Addition Pavement Reconstruction project. (Paving for Progress) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0478-04-24 20. Resolution adopting and levying final schedule of assessments and providing for the payment thereof for the 2023 Pavement Milling and Curb Repair project. (Paving for Progress) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0479-04-24 21. Preliminary resolution for the construction of improvements for the Edgewood Road Trail Phase 2C project. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0480-04-24 22. Resolution fixing value of lots and adopting preliminary plat and schedule, estimate of cost and proposed preliminary plans and specifications for the construction of the Edgewood Road Trail Phase 2C project. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0481-04-24 23. Resolution adopting the Resolution of Necessity without amendment for the Edgewood Road Trail Phase 2C project. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0482-04-24 24. Resolution directing preparation of detailed plans, specifications, form of contract and notice to bidders for the Edgewood Road Trail Phase 2C project. (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 25. Motion setting a public hearing date for: a. May 28, 2024 – to consider a 28E annexation agreement with the City of Marion outlining growth areas for both cities for a period of 10 years.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 26. Motions setting public hearing dates 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. May 14, 2024 – 9th Avenue SE Improvements from 3rd Street to Railroad project (estimated cost is $380,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 5  b. May 14, 2024 – FCS Ellis Lane NW Levee and Ellis Park Fueling Station Improvements project (estimated cost is $8,040,000). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. c. May 14, 2024 – Prairie Valley Feeder Main Relocation project (estimated cost is $3,980,000). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 27. Motion approving the beer/liquor/wine applications of: a. Alliant Energy PowerHouse, 370 1st Avenue NE. b. Benz Beverage Depot, 501 7th Avenue SE (5-day permit for an event). c. Cancun Mexican Grill & Bar, 365 33rd Avenue SW. d. Cedar Rapids Moose Lodge #304, 1820 West Post Road SW. e. Cross Roads Bistro, 232 16th Avenue SW. f. Elmcrest Country Club, 1000 36th Street NE. g. Granite City Food & Brewery, 4755 1st Avenue SE. h. Hawkeye Convenience Store, 250 16th Avenue SW. i. JM O’Malley’s, 1502 H Avenue NE. j. Midtown Station, 715 2nd Avenue SE (new – new ownership). k. Ocean Liquor & Smoke Shop Etc., 4333 Czech Lane NE. l. Paradise Liquor & Tobacco, 1714 Johnson Avenue NW (new – formerly Foundation 2). m. Playtime Tap, 933 14th Avenue SW. n. Sandlot Sports, 4655 Tower Terrace Road NE (new – change in license class). o. Tobacco Outlet Plus #520, 124 Collins Road NE.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 28. Resolutions approving: 0483-04-24 a. Payment of bills.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0484-04-24 b. Payroll.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0485-04-24 c. Transfer of funds.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 29. Resolutions approving the special event applications for: 0486-04-24 a. Cedar Rapids Downtown Farmers Market (includes road closures) on May 25; June 1 and 15; July 6 and 20; August 3 and 17; and September 21, 2024.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 6 0487-04-24 b. Benz Beerfest (includes road closures) on May 11, 2024.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0488-04-24 c. Houby Days (includes road closures) on May 17-19, 2024.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 30. Resolutions approving assessment actions: 0489-04-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – six properties. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0490-04-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – eight properties. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0491-04-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 37 properties.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0492-04-24 d. Levy assessment – Water Division – delinquent municipal utility bills – 14 properties.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 31. Resolutions accepting projects, approving Performance Bonds and authorizing final payments: 0493-04-24 a. Repair of City Hall East Stairs project, final payment in the amount of $19,282.84 and 2-year Performance Bond submitted by Minturn, Inc. (original contract amount was $324,000; final contract amount is $385,656.76).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0494-04-24 b. Vets Stadium Renovations project, Change Order No. 8 in the amount of $856, final payment in the amount of $2,856 and 2-Year Performance Bond submitted by Woodruff Construction, Inc. (original contract amount was $1,013,225; final contract amount with this amendment is $1,216,289.28).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 32. Resolutions approving final plats: 0495-04-24 a. Jackpine Second Addition for land south of 41st Avenue Drive SW and east of Bowling Street SW.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 7 0496-04-24 b. Prochaska Greenhouse First Addition for land north of East Cemetery Road and west of West Post Road.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0497-04-24 c. Prochaska Greenhouse Second Addition for land north of East Cemetery Road and west of West Post Road.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 33. Resolutions approving actions regarding purchases, contracts and agreements: 0498-04-24 a. 28E Agreement for mutual assistance in underwater search and recovery operations with Johnson County, the City of Iowa City, the City of Coralville, the Johnson County Emergency Management Agency, the City of University Heights and the University of Iowa.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0499-04-24 b. Payment in the amount of $500,000 to Neighborhood Finance Corporation for fiscal year 2024 under the terms of a 28E agreement address housing and neighborhood revitalization issues. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0500-04-24 c. Addendum to an Agreement for a Surface Transportation Block Grant Program Federal-aid Swap Project with the Iowa Department of Transportation for the Tower Terrace Road: Phase A Grading, from East of Meadowknolls Road to Alburnett Road project.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0501-04-24 d. Addendum to an Agreement for a Surface Transportation Block Grant Program Federal-aid Swap Project with the Iowa Department of Transportation for the Tower Terrace Road: Phase B Grading, from C Avenue NE to east of Meadowknolls Road project.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0502-04-24 e. Addendum to an Agreement for a Surface Transportation Block Grant Program Federal-aid Swap Project with the Iowa Department of Transportation for the Tower Terrace Road: Phase B Paving, from C Avenue to east of Meadowknolls Road project.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0503-04-24 f. Preliminary Engineering Services Agreement with Union Pacific Railroad Company for an estimated amount of $175,000 in connection with the 4th Street SE from 6th Avenue to Otis Road Quiet Zone Improvements project. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 8 0504-04-24 g. Development Agreement with 2025 Development Group LLC for the construction of a mixed-use building at 329 12th Avenue SE. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0505-04-24 h. Amendment No. 1 to the Development Agreement with Loftus Holdings LLC for a redevelopment project at 900 3rd Street SE. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0506-04-24 i. Amendment No. 2 to the Development Agreement with Sinclair on Sixteenth, LLC for a redevelopment project at 615 16th Avenue SE. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0507-04-24 j. Amendment No. 3 to the Development Agreement with TWG Banjo LP for the redevelopment of the property known as the Banjo block, bounded by 4th and 5th Avenues SE and 5th and 6th Streets SE. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0508-04-24 k. Amendment to Memorandum of Lease and Purchase Option Agreement with Cargill, Inc. for property at 915 16th Avenue SE; 1616 9th Street SE; 900, 906, 916, 919 and 923 17th Avenue SE; and 929 Hull Avenue SE in connection with the Cedar River Flood Risk Management project. (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0509-04-24 l. Purchase agreement in the amount of $3,425 and accepting a Temporary Construction Easement and an Easement for Storm Sewer from Diane Melsha for land at 1313 3rd Street SE in connection with the 16th Avenue SE from 2nd Street to 4th Street Pavement and Water Main Improvements project.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0510-04-24 m. Purchase agreement in the amount of $6,575 and accepting a Temporary Construction Easement and a Utility Easement from Diane Melsha for land at 1318 2nd Street SE in connection with the 16th Avenue SE from 2nd Street to 4th Street Pavement and Water Main Improvements project.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0511-04-24 n. Settlement Agreement in the personal injury case of Joanne Newcomer v. City of Cedar Rapids, Linn County District Court Case No. LACV100657.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0512-04-24 o. Stipulation of Settlement in the Compensation Commission award appeal captioned Matthew W. Robinette v. City of Cedar Rapids, et al., Linn County District Court Case No. CVCV101662.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 9 0513-04-24 p. Amendment No. 1 to the contract with Innovative Engineers Inc. for engineering services to replace the Noelridge Greenhouse boiler for the Facilities Maintenance Services Division to add work for an amount not to exceed $11,850 (original contract amount was $38,800; total contract amount with this amendment is $50,650).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0514-04-24 q. Amendment No. 1 to the contract with Newell Machinery Co., Inc. for emergency stairwell repairs at the 3rd Avenue Parkade for the Finance Department to extend the term of the contract and for additional work for an amount not to exceed $28,500 (original contract amount was $225,000; total contract amount with this amendment is $253,500).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0515-04-24 r. Fire Department purchase of portable radios, accessories, maintenance and support from Motorola Solutions, Inc. for seven years for a total amount not to exceed $899,500.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0516-04-24 s. Fleet Services Division purchase of a Ford F150 pickup for the Fire Department from Stivers Ford in the amount of $50,991.75.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0517-04-24 t. Amendment No. 4 to the contract with Communications Engineering Company for physical security systems management platform hardware, software, and services for the Information Technology Department to add services for an amount not to exceed $50,000 (original contract amount was $67,426.50; total contract amount with this amendment is $424,565.78).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0518-04-24 u. Amendment No. 2 to renew the contract with Bituminous Materials and Supply for road oil for the Streets Division for an annual amount not to exceed $225,000 (original contract amount was $225,000; renewal contract amount is $225,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0519-04-24 v. Amendment No. 1 to renew the contract with C.J. Moyna & Sons, LLC for quarry materials for the Streets Division for an annual amount not to exceed $100,000 (original contract amount was $100,000; renewal contract amount is $100,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0520-04-24 w. Amendment No. 1 to renew the contract with Crawford Quarry for quarry materials for the Streets Division for an annual amount not to exceed $150,000 (original contract amount was $150,000; renewal contract amount is $150,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 10 0521-04-24 x. Amendment No. 1 to renew the contract with Croell, Inc. for concrete for the Streets Division for an annual amount not to exceed $1,500,000 (original contract amount was $1,000,000; renewal contract amount is $1,500,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0522-04-24 y. Amendment No. 1 to renew the contract with Hawkeye Ready Mix for concrete for the Streets Division for an annual amount not to exceed $111,000 (original contract amount was $111,000; renewal contract amount is $111,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0523-04-24 z. Amendment No. 1 to the contract with King’s Material, Inc. for concrete for the Streets Division to add work for an amount not to exceed $175,000 (original contract amount was $1,000,000; total contract amount with this amendment is $1,175,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0524-04-24 aa. Amendment No. 2 to renew the contract with King’s Material, Inc. for concrete for the Streets Division for an annual amount not to exceed $1,500,000 (original contract amount was $1,000,000; renewal contract amount is $1,500,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0525-04-24 ab. Amendment No. 4 to renew the contract with L.L. Pelling Company, Inc. for asphalt for the Streets Division for an annual amount not to exceed $1,200,000 (original contract amount was $1,200,000; renewal contract amount is $1,200,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0526-04-24 ac. Fleet Services Division rental of a paver machine for the Streets Division from Road Machinery & Supplies Co. for an amount not to exceed $52,000. (Paving for Progress). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0527-04-24 ad. Amendment No. 1 to renew the contract with Wendling Quarries, Inc. for quarry materials for the Streets Division for an annual amount not to exceed $192,000 (original contract amount was $192,000; renewal contract amount is $192,000).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0528-04-24 ae. Fleet Services Division purchase of two Ford Maverick pickup trucks for the Water Division from Karl Chevrolet for a total amount of $59,604.50.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0529-04-24 af. Amendment No. 3 to the contract with Bowker Pinnacle Mechanical for process system services for the Water Pollution Control Facility to add emergency work in the amount of $240,335.23 (original contract amount was $1,000,000; contract amount with this amendment is $1,240,335.23).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 11 0530-04-24 ag. Contract with Langman Construction, Inc. for an amount not to exceed $225,000 for emergency removal and replacement of a critical 24-inch diameter pipeline at the Water Pollution Control Facility.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0531-04-24 ah. Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $538,176 for the Water Pollution Control Feeder Main Extension – Design Phase project.. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0532-04-24 ai. Amendment No. 1 to the Professional Services Agreement with Hall & Hall Engineers, Inc. for an amount not to exceed $17,775 for design services in connection with the 2025 Sidewalk Infill project (original contract amount was $46,300; total contract amount with this amendment is $64,075). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0533-04-24 aj. Change Order No. 17 in the amount of $6,187.50 with 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 $9,655,443.08). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0534-04-24 ak. Change Order No. 7 in the amount of $2,080 with Boomerang Corp. for the Middle McLoud Run Advanced Grading project (original contract amount was $2,646,566.50; total contract amount with this amendment is $3,262,687.66). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0535-04-24 al. Partial final payment in the amount of $45,004.85 to Midwest Concrete, Inc. for the 1st Avenue and Wiley Boulevard SW Intersection Improvements project (original contract amount was $980,228.31; total contract amount with this amendment is $995,096.92).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0536-04-24 am. Change Order No. 8 in the amount of $12,081.60 with Pirc-Tobin Construction, Inc. for the Mount Vernon Road SE from 14th Street to 20th Street Pavement Improvements project (original contract amount was $7,877,664.14; total contract amount with this amendment is $8,090,894.94). (Paving for Progress). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0537-04-24 an. Change Order No. 21 in the amount of $1,000 with Rathje Construction Co. for the 1st Avenue E and 1st Street NE Temporary Traffic Signal and Pavement Improvements project (original contract amount was $500,925.14; total contract amount with this amendment is $701,874.16). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 12 0538-04-24 ao. Change Order No. 10 deducting the amount of $118,384.64 with Rathje Construction Co. for 10th Street SE at Hull Avenue Storm Sewer Improvements project (original contract amount was $2,167,348.80; total contract amount with this amendment is $2,130,861.73). (Council Priority). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0539-04-24 ap. Change Order No. 7 in the amount of $225 with Rathje Construction Co. for the 11th Avenue SE and 5th Street SE Roadway and Utility Improvements project (original contract amount was $604,445.89; total contract amount with this amendment is $682,351.27).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0540-04-24 aq. Change Order No. 10 in the amount of $2,760.50 with Rathje Construction Co. for the Ingleside Drive SW Reconstruction project (original contract amount was $2,247,894.79; total contract amount with this amendment is $2,426,297.55). (Paving for Progress). Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0541-04-24 ar. Change Order No. 2 deducting the amount of $189,112.74 with WRH, Inc. for the WPCF Process Improvements Contract 1 project (original contract amount was $3,142,700; total contract amount with this amendment is $2,953,587.26).. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 34. Report on bids for the Ellis Golf Course ADA Improvements project (estimated cost is $630,000) (Jordan Cannon). (Council Priority) j. 0542-04-24 a. Resolution awarding and approving contract in the amount of $262,114.29, bond and insurance of Dave Schmitt Construction Co., Inc. for the Ellis Golf Course ADA Improvements project. Council member Overland moved to approve; seconded by Council member T. Olson. Result: Approved. 0543-04-24 35. Presentation and resolution accepting a proposal from Aspect Architecture for the disposition of City-owned property at 2000 Mount Vernon Road SE and approving a project term sheet (Adam Lindenlaub and Scott Mather). (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 0544-04-24 36. Presentation and resolution of support authorizing City financial incentives under the Master Plan Redevelopment economic development program for the construction of the Airport Commercial Park, which includes five commercial lots along Wright Brothers Boulevard SW, as proposed by Iowa Development I LLC (Scott Mather). (Council Priority) Council member Overland moved to approve; seconded by Council member S. Olson. Result: Approved. 13 0545-04-24 37. Presentation and resolution of support authorizing City financial incentives under the Community Benefit economic development program for the construction of a commercial building at 1265 Wilson Avenue SW as proposed by Stone Meyer LLC (Scott Mather). (Council Priority) Council member Vanorny moved to approve; seconded by Council member Poe. Abstain: Council member S. Olson. Result: Approved. 016-24 38. Ordinance 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 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 Hoeger. Result: Adopted. 017-24 39. Ordinance vacating public ways and grounds 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 Hoeger moved the approval of the Ordinance on its second reading; seconded by Council member Maier. 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 Todd. Result: Adopted. k. 0546-04-24 a. Resolution authorizing the disposition of a 0.99-acre parcel of 33rd Avenue SW between Williams Boulevard and west of Sequoia Drive SW to Atwood Rentals, LLC. Council member Vanorny moved to approve; seconded by Council member Maier. Result: Approved. 14  018-24 40. Ordinance vacating public ways and grounds 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 Vanorny moved the approval of the Ordinance on its second reading; seconded by Council member S. Olson. 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. l. 0547-04-24 a. Resolution authorizing the disposition of a 1.24-acre parcel of 33rd Avenue SW between Williams Boulevard and west of Sequoia Drive SW to Bellon-Africa Family Farms, L.C. Council member S. Olson moved to approve; seconded by Council member Todd. Result: Approved. Public comments were heard. Motion to adjourn. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. City Council adjourned at 6:34 PM to meet Tuesday, May 14, 2024 at 12:00 noon. Alissa Van Sloten, City Clerk 15