City Council

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION August 27, 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 (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 Rick Gail. Pledge of Allegiance. Mayor O’Donnell presented a Proclamation declaring September 2024 as Suicide Prevention Awareness Month. Mayor O’Donnell and Council member Vanorny presented a Proclamation declaring August 26, 2024 as Women’s Equality Day. 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 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 (Seth Gunnerson). No comments or objections were heard or filed. a. a. First Reading: Ordinance granting 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 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  2. A public hearing was held 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 (Seth Gunnerson). No comments or objections were heard. One written objection was filed. b. a. First Reading: Ordinance granting 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 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. 3. A public hearing was held to consider the disposition of City-owned property at 416 6th Street SW (Jeff Wozencraft). (Council Priority) One comment was heard. No written comments or objections were filed. c. 1125-08-24 a. Resolution authorizing the disposition of City-owned property at 416 6th Street SW and inviting development proposals. Council member Hoeger moved to approve; seconded by Council member Overland. Result: Approved. 4. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Taft and West Willow Safe Routes to School project (estimated cost is $548,000) (Ken DeKeyser). (Council Priority) No comments or objections were heard or filed. d. 1126-08-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the Taft and West Willow Safe Routes to School project. Council member Maier moved to approve; seconded by Council member T. Olson. Result: Approved. 5. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Noelridge Greenhouse Boiler Replacement project (estimated cost is $310,000) (Jeff Koffron). No comments or objections were heard or filed. e. 1127-08-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the Noelridge Greenhouse Boiler Replacement project. Council member Poe moved to approve; seconded by Council member Todd. Result: Approved. Public comments were heard. 2  Motion to approve the agenda. Council member Todd moved to approve; seconded by Council member Vanorny. Result: Approved. Motion to approve the consent agenda. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 6. Motion to approve the minutes. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1128-08-24 7. Resolution authorizing the establishment of angled parking on the south side of 6th Avenue SE, from 5th Street to 130 feet to the west. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1129-08-24 8. Resolution setting a public hearing for September 10, 2024 to consider the vacation of a 0.201-acre utility easement adjacent to recently vacated Old Bridge Road between the Cedar Rapids & Iowa City Railway crossing and 68th Avenue SW, as requested by Iowa Land and Building Company. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1130-08-24 9. Resolution setting a public hearing for September 24, 2024 to consider the Resolution of Necessity (Proposed) for the construction of the 2025 Sidewalk Infill project. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 10. Motion setting a public hearing date for: a. September 10, 2024 – to consider authorizing the issuance of Sewer Revenue Capital Loan Notes for an amount not to exceed $390,000,000 in connection with the WPCF Process Improvements – Contract 2 project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 11. Motion setting a 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. September 10, 2024 – LightLine Loop project (estimated cost is $12,320,000). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 3  12. Motion assessing civil penalties for violation of State Code regarding the sale of alcohol to minors against: a. Buffalo Wild Wings, 2020 Edgewood Road SW (first offense – $500). b. Casey’s General Store #2212, 130 41st Avenue Drive SW (first offense – $500). c. Parlor City Pub, 227 2nd Avenue SE (first offense – $500). d. Casey’s General Store #2772, 3349 Mount Vernon Road SE (second offense – $1,500 and 30-day suspension). e. Sag Wagon, 827 Shaver Road NE (second offense – $1,500 and 30-day suspension). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 13. Motion approving the beer/liquor/wine applications of: a. 2nd Avenue Corner Pocket, 609 2nd Avenue SW. b. First Ave Tap, 3108 1st Avenue NE (new – formerly The Break Room). c. Fleet Farm, 4650 Cross Pointe Boulevard NE. d. Fleet Farm Fuel, 5245 Edgewood Road NE. e. Iowa Smoke Shop, 70 Kirkwood Court SW. f. Riley’s, 804 5th Street SE (formerly Oak Hill Tavern). g. Rio Burritos, 5001 1st Avenue SE. h. Rumors, 400 F Avenue NW. i. St. Vincent de Paul Society, 928 7th Street SE (5-day license for an event at St. Ludmila Catholic Church, 211 21st Avenue SW). j. St. Ludmila Catholic Church, 211 21st Avenue SW (5-day license for an event). k. Studio 6 Karaoke Bar, 203 1st Avenue SE (new – formerly SKO). l. The Double Z, 629 Ellis Boulevard NW. m. Tommy’s Restaurant, 393 Edgewood Road NW. n. Wild Hog Saloon & Eatery, Walford (5-day license for an event at Metro Harley Davidson, 2415 Westdale Drive SW). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 14. Resolutions approving: 1131-08-24 a. Payment of bills. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1132-08-24 b. Payroll. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1133-08-24 c. Transfer of funds. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 4  15. Resolutions appointing and thanking the following individuals: 1134-08-24 a. Appointing Timothy Hummel (effective through June 30, 2027) to the Cedar Rapids Board of Ethics. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1135-08-24 b. Vote of thanks to Robert Woodard for serving on the Housing Board of Appeals. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 16. Resolutions approving the special event applications for: 1136-08-24 a. NewBo Run Half Marathon and 10K (includes road closures) on September 1, 2024. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1137-08-24 b. Bever Park Neighborhood Association Block Party (includes road closures) on September 15, 2024. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 17. Resolutions approving assessment actions: 1138-08-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – four properties. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1139-08-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – four properties. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1140-08-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 38 properties. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1141-08-24 d. Levy assessment – Water Division – delinquent municipal utility bills – 20 properties. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 18. Resolutions accepting projects, approving Performance Bonds and authorizing final payments: 1142-08-24 a. Kenilworth Court Streambank Stabilization project, final payment in the amount of $3,071.76 and 4-year Performance Bond submitted by Boomerang Corp. (original contract amount was $63,587; final contract amount is $61,435.22). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 5 1143-08-24 b. Center Point Road NE from Coe Road to Lincoln Avenue Reconstruction and One-Way to Two-Way Conversion project, final payment in the amount of $157,478.11 and 4-year Performance Bond submitted by BWC Excavating, LC (original contract amount was $2,968,311.55; final contract amount is $3,149,562.10). (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1144-08-24 c. 12th Avenue SE and 2nd Street SE Roundabout project, final payment in the amount of $72,455.17 and 4-year Performance Bond submitted by Midwest Concrete, Inc. (original contract amount was $1,449,903; final contract amount is $1,449,103.30). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1145-08-24 d. 33rd Ave SW, Over RR Bridges, 600 Ft E of 18th St. SW, Bridge 850 Ft W of 12th St. SW, ER Fund for Permanent Repair project, final payment in the amount of $15,157.68 to Peterson Contractors, Inc. (original contract amount was $494,481.71; final contract amount is $505,256.11). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1146-08-24 e. 6th Street SW & Commerce Park Drive SW Intersection Improvements project, final payment in the amount of $122,523.78 and 4-year Performance Bond submitted by Rathje Construction Co. (original contract amount was $2,256,895.41; final contract amount is $2,450,475.62). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1147-08-24 f. J Avenue Water Treatment Plant Site Improvements project, final payment in the amount of $105,455.15 and 2-year Performance Bond submitted by Rathje Construction Co. (original contract amount was $947,548; final contract amount is $1,288,451.67). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 19. Resolutions approving final plats: 1148-08-24 a. Agin Second Addition for land south of Blairs Ferry Road NE and west of Interstate 380. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1149-08-24 b. American Prairie Fourth Addition for land south of Wright Brothers Boulevard SW and west of Brighton Way SW. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1150-08-24 c. Iowa Development First Addition for land south of Wright Brothers Boulevard SW and east of Lawrence Drive SW. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 6 1151-08-24 d. Westdale Fourteenth Addition for land north of Wiley Boulevard SW and east of Williams Boulevard SW. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 20. Resolutions approving actions regarding purchases, contracts and agreements: 1152-08-24 a. Amendment No. 1 to the contract with TEAM Services, Inc. for materials testing services to add services for the Westside Library project for the Facilities Maintenance Services Division for an amount not to exceed $49,761.34 (original contract amount was $130,000; total contract amount with this amendment is $179,761.34). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1153-08-24 b. Fleet Services Division purchase of a utility tractor and attachments for the Golf Division from Deere & Company in the amount of $51,816.96. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1154-08-24 c. Amendment No. 1 to the contract with Heartland Business Systems, LLC for firewall replacement and maintenance for the Information Technology Department to add services for an amount not to exceed $22,400.20 (original contract amount was $174,127.50; total contract amount with this amendment is $196,527.70). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1155-08-24 d. Amendment No. 5 to renew the contract with Heartland Business Systems, LLC for technical consultant services for the Information Technology Department for an annual amount not to exceed $100,000 (original contract amount was $35,000; renewal contract amount is $100,000). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1156-08-24 e. Contract with Legacy-Trees for the ReLeaf Fall 2024 ROW Tree Planting project for the Parks and Recreation Department for an amount not to exceed $246,694. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1157-08-24 f. Contract with MB Lawn Care for the Fall 2024 ROW Tree Planting – CDBG Disaster Recovery project for the Parks and Recreation Department for an amount not to exceed $574,770. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1158-08-24 g. Contract with MB Lawn Care for the Fall 2024 ROW Tree Planting – U.S. Forestry Grant project for the Parks and Recreation Department for an amount not to exceed $422,240. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 7 1159-08-24 h. Contract with Trees Forever for the ReLeaf Spring and Fall Tree Planting with Community Engagement project for the Parks and Recreation Department for an amount not to exceed $450,000. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1160-08-24 i. Contract with Action Target, Inc. for the Turning Targets for Shooting Range project for the Police Department in the amount of $216,500. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1161-08-24 j. Amendment No. 3 to renew the contract with Utility Equipment Co. for as- needed purchases of sewer castings for the Sewer Division for an annual amount not to exceed $150,000 (original contact amount was $113,455; renewal contract amount is $150,000). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1162-08-24 k. Amendment No. 1 to renew the contract with Routeware for waste collection routing software and support for the Solid Waste and Recycling Division for one year in the amount of $135,488.16 (original contract amount was $350,000; renewal contract amount is $135,488.16). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1163-08-24 l. Rescinding Resolution No. 0824-06-24, which authorized Amendment No. 1 to the contract with Routeware for waste collection routing software and support for the Solid Waste and Recycling Division, due to an adjustment in the renewal amount. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1164-08-24 m. Amendment No. 4 to the Professional Services Agreement with Anderson- Bogert Engineers & Surveyors, Inc. for an amount not to exceed $16,456 in connection with the 16th Avenue SE from 2nd Street to 4th Street Pavement and Water Main Improvements project (original contract amount was $132,324; total contract amount with this amendment is $182,410). Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1165-08-24 n. Amending Resolution No. 0691-05-24, which authorized Amendment No. 1 to the Professional Services Agreement with Bolton & Menk, Inc. for engineering design services in connection with the Johnson Avenue NW from 32nd Street to 18th Street Utility and Roadway Improvements project, to correct the total contract amount to $1,364,761. (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 8 1166-08-24 o. Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $23,802,705 for construction engineering administration services for the WPCF Process Improvements – Contract 2 project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1167-08-24 p. Professional Services Agreement with Snyder & Associates, Inc. for an amount not to exceed $105,868 for design services in connection with the 1st Avenue and I-380 Southbound Off-Ramp Intersection Realignment project. (Paving for Progress) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1168-08-24 q. Change Order No. 3 in the amount of $92,897.97 with Dave Schmitt Construction Co., Inc. for the Ellis Golf Course ADA Improvements project (original contract amount was $262,114.29; total contract amount with this amendment is $378,094.79). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1169-08-24 r. Purchase Agreement, Utility Subordination Agreement and Addendum to the Utility Subordination Agreement in the amount of $1,000 with Interstate Power and Light Company for an easement on Cargill-owned land on the southeasterly portion of 1710 16th Street SE in connection with the Cedar River Flood Risk Management project. (Council Priority) Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1170-08-24 s. Accepting a Warranty Deed from Iowa Land and Building Company for the dedication of street right-of-way for Old Bridge Road SW, west of Edgewood Road and north of 76th Avenue. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1171-08-24 t. Accepting Warranty Deeds from Gardenview, Inc. for access to the Gardenview Detention Basin from Belle Street SW adjacent to the intersection of north Route 30 and Stoney Point Road SW. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 1172-08-24 u. Accepting a Corrective Warranty Deed and a previously recorded Warranty Deed from Hames Homes, LLC for the Gardenview Detention Basin adjacent to the intersection of north Route 30 and Stoney Point Road SW. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. 21. Report on bids for the Westside Library project for the Facilities Maintenance Services Division (estimated cost is $17,850,000) (Jason Stancliffe). (Council Priority) 9 1173-08-24 22. Presentation and resolution authorizing negotiation and execution of a partnership agreement with the College Community School District for the Prairie Summit YMCA development at 76th Avenue SW at Lone Willow Drive SW (Jennifer Pratt). (Council Priority) Council member Vanorny moved to approve; seconded by Council member T. Olson. Nay: Council member Maier. Result: Approved. 041-24 23. Ordinance repealing Chapter 44 of the Municipal Code, Auctions, in its entirety. Council member Todd moved the approval of the Ordinance on its second reading; seconded by Council member S. 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 Vanorny. Result: Adopted. 24. Ordinance amending Chapter 33 of the Cedar Rapids Municipal Code, Building Code, to include references to the 2009 American National Standard of Accessible and Usable Buildings and Facilities. (Council Priority) 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 T. Olson. Result: Approved. Public comments were heard. Motion to adjourn. Council member Todd moved to approve; seconded by Council member Vanorny. Result: Approved. City Council adjourned at 5:22 PM to meet Tuesday, September 10, 2024 at 12:00 noon. Alissa Van Sloten, City Clerk 10