City Council

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION August 13, 2024, 12:00 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 (via phone), 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 presented a Proclamation declaring August 18 to 24, 2024 as Water and Wastewater Workers of Iowa Week. 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 vacation of a 4,223-square-foot utility easement at 3233 Blairs Ferry Road NE as requested by First Assembly of God (Rob Davis). (Council Priority) No comments or objections were heard or filed. a. 0992-08-24 a. Resolution vacating a 4,223-square-foot utility easement at 3233 Blairs Ferry Road NE as requested by First Assembly of God. Council member S. Olson moved to approve; seconded by Council member Todd. Result: Approved. 2. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Westside Library project (estimated cost is $17,850,000) (Jason Stancliffe). (Council Priority) No comments or objections were heard or filed. b. 0993-08-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the Westside Library project. Council member Todd moved to approve; seconded by Council member Vanorny. Result: Approved. Motion to approve the agenda. Council member Overland moved to approve; seconded by Council member Hoeger. Result: Approved. Motion to approve the consent agenda. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1  3. Motion to approve the minutes. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 0994-08-24 4. Resolution authorizing fiscal year 2025 hotel-motel tax allocations in the amount of $398,623 to 15 organizations. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 0995-08-24 5. Resolution authorizing fiscal year 2025 hotel-motel tax allocations in the amount of $21,486 to The District: Czech Village & New Bohemia. Council member T. Olson moved to approve; seconded by Council member Overland. Abstain: Council member Poe. Result: Approved. 0996-08-24 6. Resolution authorizing fiscal year 2025 hotel-motel tax allocations in the amount of $29,891 to Hawkeye Downs. Council member T. Olson moved to approve; seconded by Council member Overland. Abstain: Council member S. Olson. Result: Approved. 0997-08-24 7. Resolution authorizing the use of Energy Conservation Block Grant funding from the U.S. Department of Energy to purchase four light-duty electric vehicles for the City fleet. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 0998-08-24 8. 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 2025 Sidewalk Infill project. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 0999-08-24 9. Resolution authorizing a Police Officer to attend Basic Polygraph Training in Peachtree City, GA from September through November 2024 for an estimated amount of $20,000. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1000-08-24 10. Resolution determining the necessity and setting a public hearing for September 24, 2024, to consider establishment of an Urban Revitalization Area for property along Prairie View Lane SW as proposed by Grey Hawk LLC. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 2 11. Motions setting public hearing dates for: a. August 27, 2024 – to consider the disposition of City-owned property at 416 6th Street SW. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. b. August 27, 2024 – to consider a change of zone for property at 1845 Sandberg Lane SW from A-AG, Agriculture District, to P-IN, Public – Institutional District, as requested by Big Dreams, LLC. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. c. August 27, 2024 – to consider a change of zone for property at 1627 Hamilton Street SW and 123/129 16th Avenue SW from U-VR, Urban Village Residential District, and U-VG, Urban Village General District, to T-RH-PUD, Traditional Residential High District with a Planned Unit Development Overlay, as requested by Modern Home Builders. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 12. 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. August 27, 2024 – Noelridge Greenhouse Boiler Replacement project (estimated cost is $310,000). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. b. August 27, 2024 – Taft and West Willow Safe Routes to School project (estimated cost is $548,000). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 13. Motion assessing civil penalties for violation of State Code regarding the sale of alcohol to minors against: a. 2nd Avenue Corner Pocket, 609 2nd Avenue SW, Suite 2 (first offense – $500). b. Casey’s General Store #2773, 3625 Edgewood Road SW (first offense – $500). c. Cliff’s Dive Bar, 227 2nd Avenue SE (first offense – $500). d. Cultivate Hope Corner Store, 604 Ellis Boulevard NW (first offense – $500). e. Neighborhood Food Liquor and Tobacco, 1601 6th Street SW (first offense – $500). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 14. Motion approving the beer/liquor/wine applications of: a. 4 Hermanos, 1119 1st Avenue SE (new – formerly Via Sofia). b. Applebee’s Neighborhood Grill, 2645 Edgewood Road SW. c. Big Discount Liquor, 5427 Center Point Road NE. 3  d. Cedar Rapids Metro Economic Alliance, 501 1st Street SE (5-day license for the Market After Dark event). e. Cedar Ridge Vineyard, Swisher (5-day license for an event at 3rd Avenue SE between 5th and 6th Streets SE). f. Chrome Horse Slophouse & Saloon, 1201 3rd Street SE (5-day license for an event at McGrath PowerSports, 4645 Center Point Road NE). g. Dostal Catering Service, 1211 Wiley Boulevard SW. h. Highway 30 Diner, 1519 6th Street SW (new – formerly Hardee’s). i. Home 2 Suites by Hilton, 4000 Westdale Parkway SW. j. Hy-Vee Market Cafe #6, 4035 Mount Vernon Road SE. k. Hy-Vee Tasting Room #6, 4035 Mount Vernon Road SE. l. Just Coz, 406 6th Street SW. m. Kum & Go #508, 30 Four Oaks Drive SW. n. Kwik Star #106, 4141 Center Point Road NE. o. Kwik Star #165, 3730 Williams Boulevard SW. p. Little Grove, 1010 2nd Avenue SW (new – formerly Rewind). q. Mai Pho Vietnamese Restaurant, 2315 Edgewood Road SW. r. Theatre Cedar Rapids, 102 3rd Street SE. s. Traveling Tapster, 3316 Rosewood Court NE (5-day license for an event at 2160 Linden Drive SE). t. Traveling Tapster, 3316 Rosewood Court NE (5-day license for an event at 846 9th Avenue SE). u. Tycoon, 427 2nd Avenue SE (5-day license for the Market After Dark event). v. Walmart #1528, 2645 Blairs Ferry Road NE. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 15. Resolutions approving: 1001-08-24 a. Payment of bills. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1002-08-24 b. Payroll. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 16. Resolutions appointing, reappointing and thanking the following individuals: 1003-08-24 a. Appointing Angie Glick-Martin (effective through June 30, 2026) to the Board of Adjustment. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1004-08-24 b. Appointing Bryan Bennett (effective through June 30, 2029) to the City Band Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 4 1005-08-24 c. Appointing Jennifer Osen-Foss (effective through June 30, 2027) to the Civil Rights Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1006-08-24 d. Appointing Alejandro Pino (effective through June 30, 2025) to the Cedar Rapids Medical Self-Supported Municipal Improvement District Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1007-08-24 e. Appointing Steve Hershner and Lorraine Kluber (effective through June 30, 2027) to the Parks, Waterways & Recreation Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1008-08-24 f. Appointing Benjamin Frazier and reappointing Constance Arens (effective through June 30, 2027) to the Veterans Memorial Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1009-08-24 g. Appointing Brenna Fall (effective through December 31, 2026) as a member to the Corridor Metropolitan Planning Organization. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1010-08-24 h. Amending Resolution No. 0870-07-24 to rescind the appointment of Denine Rushing and a vote of thanks for her time and effort to the Cedar Rapids Citizen Review Board. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1011-08-24 i. Vote of thanks to Russ Nieland for serving on the Cedar Rapids Medical Self- Supported Municipal Improvement District Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1012-08-24 j. Vote of thanks to Keri Sweeting and Christopher Thoms for serving on the Parks, Waterways & Recreation Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1013-08-24 k. Vote of thanks to Gregory DeWolf for serving on the Veterans Memorial Commission. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1014-08-24 l. Vote of thanks to Bob Hammond for serving as a member on the Corridor Metropolitan Planning Organization. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 5  17. Resolutions approving assessment actions: 1015-08-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – 13 properties. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1016-08-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – seven properties. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1017-08-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 39 properties. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1018-08-24 d. Levy assessment – Water Division – delinquent municipal utility bills – 15 properties. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1019-08-24 e. Levy assessment – Water Division – delinquent municipal utility bills – 17 properties. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 18. Resolutions accepting subdivision improvements and approving Maintenance Bonds: 1020-08-24 a. PCC pavement in Wexford West 2nd Addition and 4-year Maintenance Bond submitted by Eastern Iowa Excavating & Concrete, LLC in the amount of $136,432.35. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1021-08-24 b. Sanitary sewer in Wexford West 2nd Addition and 4-year Maintenance Bond submitted by Pirc-Tobin Construction, Inc. in the amount of $43,320. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1022-08-24 c. Storm sewer in Wexford West 2nd Addition and 4-year Maintenance Bond submitted by Pirc-Tobin Construction, Inc. in the amount of $53,170. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1023-08-24 d. Water system improvements in Wexford West 2nd Addition and 4-year Maintenance Bond submitted by Pirc-Tobin Construction, Inc. in the amount of $79,525. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 6 1024-08-24 e. Water system improvements at the Cedar Rapids Distribution Facility FedEx site and 4-year Maintenance Bond submitted by Dave Schmit Construction Co., Inc. in the amount of $217,772, and authorizing reimbursement to Meridian Design Build in the amount of $39,370 for upsized water main. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 19. Resolutions accepting projects, approving Performance Bonds and authorizing final payments: 1025-08-24 a. 8th Avenue SW from 15th Street to Rockford Road Improvements project, final payment in the amount of $80,759.58 and 4-year Performance Bond submitted by Boomerang Corp. (original contract amount was $2,834,118; total contract amount with this amendment is $3,172,135.98). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1026-08-24 b. FY 2024 Tree and Vegetation Removal project and final payment in the amount of $8,935.85 to Boomerang Corp. (original contract amount was $173,750; final contract amount is $178,717). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1027-08-24 c. Colonial Building Renovation project, final payment in the amount of $282,354.62 and 2-year Performance Bond submitted by Garling Construction, Inc. (original contract amount was $5,124,000; final contract amount is $5,647,092.41). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1028-08-24 d. Linn County Edge of Field projects, final payment in the amount of $20,282.05 and 2-year Performance Bond submitted by Laser Precision (original contract amount was $417,846.68; final contract amount is $405,644.18). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1029-08-24 e. Cedar River Trail SE Reconstruction, CRANDIC Railroad to 16th Avenue project, Change Order No. 10 deducting the amount of $12,075.84, final payment in the amount of $4,302.84 and 4-year Performance Bond submitted by Pirc-Tobin Construction, Inc. (original contract amount was $655,010.05; final contract amount is $792,917.22). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1030-08-24 f. Expansion of Party Decks at ImOn Ice Arena project and 2-year Performance Bond submitted by Weitz Industrial (original contract amount was $97,120; final contract amount is $123,850). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 7  20. Resolutions approving final plats: 1031-08-24 a. Edgewood Road Industrial Park Fourth Addition for land south of 60th Avenue SW and east of Edgewood Road SW. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1032-08-24 b. Homrighausen Addition for land north of Wright Brothers Boulevard E and west of C Street Road SW. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 21. Resolutions authorizing payment of Annual Economic Development Grants to: (Council Priority) 1033-08-24 a. The Fountains, LLC. 1034-08-24 b. HF Investments, LLC. 1035-08-24 c. Agile Ventures LLC. 1036-08-24 d. Clockhouse LLC. 1037-08-24 e. Apache Hose & Belting Company, Inc. 1038-08-24 f. Cedar Real Estate Group III, LLC. 1039-08-24 g. Green Development Sokol, LLC. 1040-08-24 h. Hunter Companies, LLC. 1041-08-24 i. 42nd and Edgewood, LLC. 1042-08-24 j. The Depot Development, LLC. 1043-08-24 k. Center Point Apartments, LLC. 1044-08-24 l. Creekside Apartments, LLC. 1045-08-24 m. Harris Oak Hill, LLC. 1046-08-24 n. Ptero, LC. 1047-08-24 o. Shadow River, LC. 1048-08-24 p. Miron Construction Co., Inc. 1049-08-24 q. Rowell Hardware Development, LLC. 1050-08-24 r. United Fire & Casualty Company. 1051-08-24 s. Knutson, LLC. 1052-08-24 t. Cedar Rapids Senior Living, LLC. 1053-08-24 u. Diamond V Mills, Inc. 1054-08-24 v. Kingston Corner, LLC. 1055-08-24 w. Progression, LC. 1056-08-24 x. Lil’ Drug Store Products, Inc. 1057-08-24 y. Station on First, LLC. 1058-08-24 z. 427 1st Street SE LLC. 1059-08-24 aa. Newbo Development Group LLC. 1060-08-24 ab. PCI Parking Garage, Inc. 1061-08-24 ac. Skogman Construction Company of Iowa. 1062-08-24 ad. Sonoma Square Partners, LP. 1063-08-24 ae. Pioneer Hi-Bred International, Inc. 1064-08-24 af. 9920 Atlantic Prop LLC. 1065-08-24 ag. CW Sundiver, LLC. 1066-08-24 ah. Progression, LC. 1067-08-24 ai. H and V Development, LLC. 1068-08-24 aj. Hidden Creek Apartments, LLC. 1069-08-24 ak. Boyson Road Development LC. 8 1070-08-24 al. New Buffalo Land Co. LLC. 1071-08-24 am. New Bohemia Station, LLC. 1072-08-24 an. Nan Ran, Inc. 1073-08-24 ao. GRR-DTE, LLC. 1074-08-24 ap. LTRI LLC. 1075-08-24 aq. LTRI LLC. 1076-08-24 ar. Wright Capital Investment LLC. 1077-08-24 as. ABC Disposal Systems, Inc. 1078-08-24 at. West Side Transport, Inc. 1079-08-24 au. Road Machinery & Supplies Co. 1080-08-24 av. Worley Warehousing, Incorporated. 1081-08-24 aw. OFB LLC. 1082-08-24 ax. OFB LLC. 1083-08-24 ay. 2nd Street Properties LLC. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 22. Resolutions approving actions regarding purchases, contracts and agreements: 1084-08-24 a. Grant application to the Iowa Department of Natural Resources on behalf of the National Czech & Slovak Museum & Library for landscaping improvements around the clock tower. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1085-08-24 b. 28E Agreement with the City of Palo for an estimated amount of $430,000 in connection with the Sanitary Sewer Repair project. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1086-08-24 c. Development Agreement and related documents with JPAC Investments, LLC for an amount not to exceed $360,000 for rental housing at 710 and 712 O Avenue NW in connection with the Community Development Block Grant – Disaster Recovery Multi-Family New Construction Program. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1087-08-24 d. Consent to an Assignment of Development Agreement between Road Machinery & Supplies Co. and Oxbow Properties, LLC for the construction of headquarters at 10740 High Life Court SW. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1088-08-24 e. Amendment No. 4 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 T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 9 1089-08-24 f. Settlement Agreement in the workers' compensation case of Don Gandy v. City of Cedar Rapids, claim numbers 21009246.01, 23700263.01 and 23700262.01. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1090-08-24 g. Amendment No. 5 to the contract with Ed M. Feld Equipment Co., Inc. for turnout gear for the Fire Department to increase volume in the amount of $4,800 (original contract amount was $51,740; total contract amount with this amendment is $265,086.50). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1091-08-24 h. Amendment No. 1 to renew the contract with MRI Software LLC for Happy Software support services for the Community Development Department for five years for an amount not to exceed $180,493.54 (original contract amount was $27,075 for one year; renewal contract amount is $180,493.54 for five years). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1092-08-24 i. Amending Resolution No. 0591-05-24, which authorized the Information Technology Department to purchase consulting services from Mythics, to add work for an amount not to exceed $50,000 (original contract amount was $55,252; total amount with this amendment is $105,252). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1093-08-24 j. Information Technology Department purchase of software licenses and technical support for the City’s timekeeping system and the Utilities Department's customer service and billing system from Mythics for a total amount of $151,460.31 for fiscal year 2025. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1094-08-24 k. Amendment No. 1 to renew the contract with Bauer Built Tire for tire services for the Fleet Services Division for two years for an amount not to exceed $600,000 (original contract amount was $600,000; renewal contract amount is $600,000). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1095-08-24 l. Amendment No. 1 to renew the contract with BladeWorks for snow removal services for the Facilities Maintenance Services Division for two years for an amount not to exceed $120,000 (original contract amount was $120,000; renewal contract amount is $120,000). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 10 1096-08-24 m. Amendment No. 1 to renew the contract with QFB Energy for natural gas consultant services for the Facilities Maintenance Services Division for three years for a total amount not to exceed $120,000 (original contract amount was $96,000; renewal contract amount is $120,000). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1097-08-24 n. Amendment No. 42 to the contract with Willett Hofmann & Associates Inc. for architectural design services for ADA compliance at various City facilities to add work for an amount not to exceed $482.75 (original contract amount was $156,580; total contract amount with this amendment is $435,766.25). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1098-08-24 o. Amendment No. 27 to the contract with Willett Hofmann & Associates Inc. for architectural design services for ADA compliance at Group 2 facilities to add work for an amount not to exceed $3,245.05 (original contract amount was $356,700; total contract amount with this amendment is $584,523.60). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1099-08-24 p. Amendment No. 2 to the contract with Langman Construction, Inc. for the replacement of a concrete pipeline to add work for an amount not to exceed $1,396,552.62 (original contract amount was $5,000,000; total contract amount with this amendment is $6,396,552.62). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1100-08-24 q. Amendment No. 22 to the Professional Services Agreement with Stanley Consultants, Inc. for an amount not to exceed $2,524,000 for the FY25 Work Plan for the Cedar Rapids Flood Mitigation System – East Side Phase 1 Consulting Services project (original contract amount was $3,959,599; total contract amount with this amendment is $50,946,488). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1101-08-24 r. Change Order No. 2 in the amount of $19,420 with B&M Construction for the McGrath Amphitheater ADA Compliance project (original contract amount was $394,900; total contract amount with this amendment is $444,058). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1102-08-24 s. Change Order No. 13 in the amount of $75.90 with 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 $2,008,662.29). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 11 1103-08-24 t. Change Order No. 4 in the amount of $27,918.70 with Boomerang Corp. for the Demolition of Former CRANDIC Railroad Bridge project (original contract amount was $631,700.30; total contract amount with this amendment is $663,480.25). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1104-08-24 u. Change Order No. 1 in the amount of $107,947.56 with Cramer & Associates, Inc. for the Edgewood Road Trail Phase 2B – Bridge Modifications and Trail project (original contract amount was $3,709,833.91; total contract amount with this amendment is $3,817,781.47). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1105-08-24 v. Change Order No. 1 in the amount of $145,942.40 with Eastern Iowa Excavating & Concrete, LLC for the Tower Terrace Road: Phase A – PCC Pavement project (original contract amount was $4,052,498.26; total contract amount with this amendment is $4,198,440.66). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1106-08-24 w. Change Order No. 4 in the amount of $54.96 with Iowa Landscape, LLC for the FY22 Draintile Improvements project (original contract amount was $131,228; total contract amount with this amendment is $146,098.91). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1107-08-24 x. Change Order No. 7 in the amount of $10,995.07 with Midwest Concrete, Inc. for the Center Point Road NE from Lincoln Avenue to J Avenue Reconstruction and One-Way to Two-Way Conversion project (original contract amount was $3,317,841.59; total contract amount with this amendment is $3,420,308.55). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1108-08-24 y. Change Order No. 20 in the amount of $1,246,362.80 with Peterson Contractors, Inc. for the Cedar Lake North Shore & Levee Construction project (original contract amount was $18,359,172.85; total contract amount with this amendment is $22,266,610.58). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1109-08-24 z. Change Order No. 3 in the amount of $59,661.28 with Pirc-Tobin Construction, Inc. for the 16th Avenue SE from 2nd Street to 4th Street and 3rd Street SE from 16th Avenue to Sinclair Basin Pavement and Water Main Improvements project (original contract amount was $1,687,882.27; total contract amount with this amendment is $1,774,583.30). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 12 1110-08-24 aa. Change Order No. 11 in the amount of $65,178.35 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 $8,192,151.63). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1111-08-24 ab. Change Order No. 3 in the amount of $99,830.79 with Rathje Construction Co. for the 35th St NE from Oakland Rd to F Ave Pavement Reconstruction project (original contract amount was $3,645,381.91; total contract amount with this amendment is $3,772,866.57). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1112-08-24 ac. Rescinding Resolution No. 0064-01-24, which authorized Change Order No. 8 with Rathje Construction Co. for the 6th Street SW & Commerce Park Drive SW Intersection Improvements project, and authorizing a revised Change Order No. 8 deducting the amount of $123,978.62 (original contract amount was $2,256,895.41; total contract amount with this revised amendment is $2,450,475.62). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1113-08-24 ad. Amending Resolution No. 0807-06-24, which accepted the WPC 2020 Plant- Wide PLC Replacement project, to correct the final payment amount to ESCO Group to $221,788.73 (original contract amount was $4,470,000; final contract amount is $4,435,774.56). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1114-08-24 ae. Easement Agreement with CenturyLink QC for land at 175 3rd Street SW in connection with the Parking Ramp at 1st and 1st West project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1115-08-24 af. Encroachment Agreement with 1st & 1st LLC, Kingston Hotel Associates LLC and CenturyLink QC for land at 175 3rd Street SW in connection with the Parking Ramp at 1st and 1st West project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1116-08-24 ag. Memorandum of Understanding with 1st & 1st LLC, Kinseth Hospitality Company, Inc. and Downtown Parking Management, Inc. for the hotel’s use of the planned parking facility at 175 3rd Street SW. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 13 1117-08-24 ah. Amending Resolution No. 0458-04-24, which authorized relocation benefits for property at 608 Penn Avenue NW to the estate of Steven Richardson, to direct payment in the amount of $1,350 to David Byrnes instead, in connection with the West Side Flood Control System project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1118-08-24 ai. Tenant Purchase Agreement in the amount of $50 with Destinations Unlimited Inc. for land at 419 1st Street SE in connection with the Cedar River Flood Control System project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1119-08-24 aj. Purchase Agreement in the amount of $500 and accepting a Release of Easement and a Release of Parking Space Proration Declaration and Agreement from Station on First, LLC for land owned by 427 1st Street SE, LLC at 427 1st Street SE in connection with the Cedar River Flood Control System project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1120-08-24 ak. Purchase Agreement in the amount of $99,800 and accepting two Warranty Deeds for Right-of-Way, two Flood Protection Levee Easements, a Watermain Easement, and two Temporary Construction Easements from Interstate Power and Light Company for land at and directly east of 1800 10th Street SE in connection with the Cedar River Flood Control System project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 23. Presentation regarding the WPCF Process Improvements – Contract 2 project (estimated cost was $277,500,000) (Roy Hesemann and Abhi Deshpande). c. 1121-08-24 a. Resolution awarding and approving contract in the amount of $348,307,500, bond and insurance of Bowen Engineering Corporation for the WPCF Process Improvements – Contract 2 project. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 24. Report on bids for the Parking Ramp at 1st and 1st West project (estimated cost is $20,000,000) (Ken DeKeyser). (Council Priority) d. 1122-08-24 a. Resolution awarding and approving contract in the amount of $17,841,000, bond and insurance of McComas-Lacina Construction LC for the Parking Ramp at 1st and 1st West project. Council member Todd moved to approve; seconded by Council member Vanorny. Result: Approved. 14  25. Report on bids for the Edge of Field Projects Batch 2 project (estimated cost is $320,000) (Justin Schroeder). e. 1123-08-24 a. Resolution awarding and approving contract in the amount of $298,179.54, bond and insurance of Laser Precision for the Edge of Field Projects Batch 2 project. Council member Overland moved to approve; seconded by Council member T. Olson. Result: Approved. 26. Report on bids for the Shakespeare Gardens Phase 1 project (estimated cost is $269,550) (Steve Krug). f. 1124-08-24 a. Resolution awarding and approving contract in the amount of $248,339.49, bond and insurance of Hardscape Solutions of Iowa for the Shakespeare Gardens Phase 1 project. Council member Vanorny moved to approve; seconded by Council member Todd. Result: Approved. 035-24 27. Ordinance repealing Chapter 33 of the Municipal Code, Building Code, and enacting in its place a new Chapter 33 and the 2021 editions of the International Building Code and the International Residential Building Code, with modifications. (Council Priority) Council member Maier moved the approval of the Ordinance on its second reading; seconded by Council member Hoeger. Result: Approved. Council member S. Olson 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. 036-24 28. Ordinance repealing Chapter 34 of the Municipal Code, Electrical Code, and enacting in its place a new Chapter 34 and the 2020 National Electrical Code, with modifications. (Council Priority) Council member Overland moved the approval of the Ordinance on its second reading; seconded by Council member T. Olson. Result: Approved. Council member S. Olson 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. 15 037-24 29. Ordinance repealing Chapter 35 of the Municipal Code, Plumbing Code, and enacting in its place a new Chapter 35, the State of Iowa Plumbing Code, and the 2021 Uniform Plumbing Code, with modifications. (Council Priority) Council member Hoeger moved the approval of the Ordinance on its second reading; seconded by Council member Maier. Result: Approved. Council member S. Olson 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. 038-24 30. Ordinance repealing Chapter 36 of the Municipal Code, Mechanical Code, and enacting in its place a new Chapter 36, the State of Iowa Mechanical Code, and the 2021 International Mechanical Code, with modifications. (Council Priority) Council member Overland moved the approval of the Ordinance on its second reading; seconded by Council member T. Olson. Result: Approved. Council member S. Olson 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. 039-24 31. Ordinance repealing Chapter 37 of the Municipal Code, Fire Code, and enacting in its place a new Chapter 37 and the 2021 edition of the International Fire Code, with modifications. (Council Priority) Council member Todd moved the approval of the Ordinance on its second reading; seconded by Council member Vanorny. Result: Approved. Council member S. Olson 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 T. Olson. Result: Adopted. 040-24 32. Ordinance repealing Chapter 33C of the Municipal Code, Fences, in its entirety. (Council Priority) Council member Hoeger moved the approval of the Ordinance on its second reading; seconded by Council member Maier. Result: Approved. Council member S. Olson 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. 16  33. Ordinance repealing Chapter 44 of the Municipal Code, Auctions, in its entirety. 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 Hoeger. Result: Approved. Public comments were heard. Motion to adjourn. Council member T. Olson moved to approve; seconded by Council member Hoeger. Result: Approved. City Council adjourned at 12:58 PM to meet Tuesday, August 27, 2024 at 4:00 PM. Alissa Van Sloten, City Clerk 17