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City Council

Regular Meeting

Cedar Rapids, IA · September 10, 2024

AgendaPacketMinutes

Minutes

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION September 10, 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 Pro Tempore Ann Poe and Council members Marty Hoeger, David Maier, Scott Olson, Tyler Olson, Scott Overland, Dale Todd and Ashley Vanorny. Absent, Mayor Tiffany D. O’Donnell. Also present were Acting City Manager Angie Charipar and City Attorney Vanessa Chavez. The invocation was given by Public Safety Chaplain Jim Coyle. Pledge of Allegiance. Mayor Pro Tempore Poe and Council member Vanorny presented a Proclamation declaring September 15 to October 15, 2024 as Hispanic Heritage Month. Council member S. Olson presented a Proclamation declaring September 17 to 23, 2024 as Constitution Week. A presentation regarding Stand Up for Peace/Group Violence Intervention Update was given by Police Capt. Charlie Fields and Erin Langdon of Foundation 2. Resolutions and motions were adopted with all Council members and Mayor Pro Tempore Poe voting “Aye” unless noted. 1. A public hearing was held to consider 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 (Roy Hesemann). (Council Priority) No comments or objections were heard or filed. a. 1175-09-24 a. Resolution instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $390,000,000 Sewer Revenue Capital Loan Notes. Council member S. Olson moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1 2. A public hearing was held 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 (Rob Davis). (Council Priority) No comments or objections were heard or filed. b. 1176-09-24 a. Resolution vacating 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 member Maier moved to approve; seconded by Council member Vanorny. Absent: Mayor O’Donnell. Result: Approved. 3. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the LightLine Loop project (estimated cost is $12,320,000) (Ken DeKeyser). (Council Priority) No comments or objections were heard or filed. c. 1177-09-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the LightLine Loop project. Council member Todd moved to approve; seconded by Council member Vanorny. Absent: Mayor O’Donnell. Result: Approved. Public comments were heard. Motion to approve the agenda. Council member Hoeger moved to approve; seconded by Council member Overland. Absent: Mayor O’Donnell. Result: Approved. Motion to approve the consent agenda. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 4. Motion to approve the minutes. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1178-09-24 5. Resolution adopting the updated Procedural Rules of the Cedar Rapids City Council. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 2 1179-09-24 6. Resolution amending Resolution No. 0226-02-24 and Resolution No. 0284-03-24 to identify Heaviside LLC as an affiliate of Google LLC in connection with the Development Agreement for the construction of one or more data centers along Edgewood Road and 76th Avenue SW. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1180-09-24 7. Resolution authorizing City financial incentives for a State Historic Tax Credit Program Application by KN Properties 15 LLC for a mixed-use redevelopment project at 611 2nd Avenue SE, and authorizing local match funds through the Local Match Economic Development Program. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 8. 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. September 24, 2024 – 3rd Avenue SE at 10th Street Intersection Improvements project (estimated cost is $170,000). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. b. September 24, 2024 – WPCF – Decant Tank Improvements project (estimated cost is $1,700,000). (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 9. Motion approving the beer/liquor/wine applications of: a. 7 Star Liquor & Tobacco Outlet, 502 E Avenue NW. b. Boulder Tap House, 4515 Westdale Parkway SW. c. Cedar Rapids Parks Foundation, PO BOX 2641 (5-day license for an event at Bever Park, 2700 Bever Avenue SE). d. Chili’s Grill & Bar, 1250 Collins Road NE. e. Classic Event Center, 3607 1st Avenue SE. f. Cliff’s Dive Bar & Grill, 227 2nd Avenue SE (5-day license for an event at 2nd Avenue and 3rd Street SE). g. Coe College, 1220 1st Avenue NE. h. Crosby’s, 1028 3rd Street SE. i. Cruz’s Cafe, 568 Boyson Road NE. j. Daisy’s Garage, 5240 Edgewood Road NE. k. El Bajio, 555 Gateway Place SW. l. Family Dollar #24541, 901 1st Avenue SW. m. The Fun Station, 200 Collins Road NE. 3 n. The History Center, 800 2nd Avenue SE. o. Hy-Vee Club Room #5, 3235 Oakland Road NE. p. Kickstand, 203 16th Avenue SE. q. Kwik Star #283, 8835 Runway Court SW. r. Mi Lindo Vallarta, 529 5th Avenue SE (new – formerly Runt’s Munchies). s. Pedaler’s Fork, 2010 Sylvia Avenue NE. t. Persis Biryani Indian Grill, 4862 1st Avenue NE. u. Pub 217, 217 3rd Street SE. v. Sacred Cow Tavern, 1000 7th Street SE. w. Texas Roadhouse, 2605 Edgewood Road SW. x. Traveling Tapster, 3316 Rosewood Court NE (5-day license for an event at 846 9th Avenue SE). y. Up In Smoke BBQ, 92 16th Avenue SW. z. Walgreens #12580, 324 Edgewood Road NW. aa. Westside Lounge, 325 Edgewood Road NW. ab. Zeppelin’s Restaurant, 5300 Edgewood Road NE. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 10. Resolutions approving: 1181-09-24 a. Payment of bills. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1182-09-24 b. Payroll. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 11. Resolutions approving the special event applications for: 1183-09-24 a. Cedar Rapids Bank & Trust Client Appreciation Event (includes road closures) on September 20, 2024. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1184-09-24 b. BrewNost (includes road closures) on September 20, 2024. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1185-09-24 c. Blocktoberfest (includes road closures) on September 27, 2024. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 4 1186-09-24 d. The Crunch Berry Run (includes road closures) on September 28, 2024. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1187-09-24 e. Especially for You Race Against Breast Cancer (includes road closures) on October 6, 2024. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 12. Resolutions approving assessment actions: 1188-09-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – six properties. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1189-09-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – four properties. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1190-09-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 37 properties. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 13. Resolutions accepting subdivision improvements and approving Maintenance Bonds: 1191-09-24 a. Water system improvements for the 12th Avenue SE Roller Gate Closure project and 4-year Maintenance Bond submitted by Pirc-Tobin Construction, Inc. in the amount of $173,000. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1192-09-24 b. Sanitary sewer in 380 Commerce Second Addition and 4-year Maintenance Bond submitted by Dave Schmitt Construction Co., Inc. in the amount of $7,375.20. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 5 1193-09-24 c. Storm sewer for the Colonial Building Renovation project and 4-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $5,260. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1194-09-24 d. Sanitary sewer in Summerfield 16th Addition and 4-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $87,086. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1195-09-24 e. Storm sewer in Summerfield 16th Addition and 4-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $344,167.50. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 14. Resolutions accepting projects, approving Performance Bonds and authorizing final payments: 1196-09-24 a. Blairs Ferry Road NE Improvements and 18th Avenue Extension project, final payment in the amount of $58,712.55 and 4-year Performance Bond submitted by Dave Schmitt Construction Co., Inc. (original contract amount was $1,177,497.65; final contract amount is $1,174,251.02). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1197-09-24 b. Wayfinding Signage Installation Phase 2 project, Change Order No. 3 deducting the amount of $42,907.04 and 2-year Performance Bond submitted by ASI Signage Innovations (original contract amount was $553,698; final contract amount is $510,790.96). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1198-09-24 c. Replace 84” HDPE Concrete Pipe project, final payment in the amount of $319,827.63 and 2-year Performance Bond submitted by Langman Construction (original contract amount was $5,000,000; final contract amount is $6,396,552.62). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 6 1199-09-24 d. Earhart Lane SW Extension from Walford Road to Wright Brothers Boulevard Phase 3 project, final payment in the amount of $95,157.42 and 4-year Performance Bond submitted by Peterson Contractors, Inc. (original contract amount was $1,967,163.58; final contract amount is $1,903,148.33). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 15. Resolutions approving final plats: 1200-09-24 a. C Street First Addition for land north of 13th Avenue and west of C Street SW. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1201-09-24 b. Dows Farm Agri-Community First Addition in Linn County, Iowa for land north of Mount Vernon Road SE and east of Dows Road. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1202-09-24 c. Prairie Place Addition for land north of Kirkwood Parkway and west of C Street SW. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 16. Resolutions approving actions regarding purchases, contracts and agreements: 1203-09-24 a. Development Agreement and related documents with WWI3 for an amount not to exceed $125,000 for property between 2673 and 2681 Fruitland Boulevard SW in connection with the Community Development Block Grant – Disaster Recovery Single-Family New Construction (ROOTs) Program. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1204-09-24 b. Amendment No. 8 to the contract with Roto-Rooter for jetting and cleanout services to add emergency work in the amount of $120,021.52 (original contract amount was $400,000; total contract amount with this amendment is $897,948.39). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 7 1205-09-24 c. Amending Resolution No. 1828-12-22, which accepted the Mechanical Equipment for Ice Arena project completed by Technical Systems, Inc., to remove the reference to Change Order No. 1 (original contract amount was $420,000; final contract amount is $413,500). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1206-09-24 d. Amending Resolution No. 0034-01-22, which authorized the purchase of a tandem axle chassis for a dump body for the Fleet Services Division from Truck Country, to reflect a price increase in the amount of $20,719 (original purchase amount was $104,873; total purchase amount with this amendment is $125,592). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1207-09-24 e. Amending Resolution No. 0920-07-24, which authorized a contract with Keltek Inc. for public safety equipment maintenance and support services for the Police Department, to correct the amount to $332,278 and the term to May 1, 2024 to April 30, 2027. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1208-09-24 f. Public Works Department purchase of up to 8,000 tons of rock salt from Compass Minerals America Inc. for an amount not to exceed $713,440 for winter snow and ice control. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1209-09-24 g. Contract with TEG, LLC for mailing services for the Water Division for an annual amount not to exceed $350,000. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1210-09-24 h. Rescinding Resolution No. 0216-02-23, which authorized a contract with Truterra, LLC for conservation technical assistance for the Water Pollution Control Facility, as the contract was never established. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 8 1211-09-24 i. Amendment No. 1 to the Professional Services Agreement with Anderson- Bogert Engineers & Surveyors, Inc. for an amount not to exceed $37,761 for engineering design services in connection with the 16th Avenue, 3rd Street, and 4th Street SE Streetscaping Improvements project (original contract amount was $98,544; total contract amount with this amendment is $136,305). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1212-09-24 j. Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $244,000 for engineering design services in connection with the 7th Avenue at Cedar River Water Main Improvements project. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1213-09-24 k. Professional Services Agreement with Shive-Hattery, Inc. for an amount not to exceed $150,000 for design services in connection with the Southwest Cedar Rapids Railroad Crossing Improvements project. Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1214-09-24 l. Amendment No. 2 to the Professional Services Agreement with Snyder & Associates, Inc. for an amount not to exceed $150,000 for construction administration services (original contract amount was $150,000; total contract amount with this amendment is $450,000). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1215-09-24 m. Change Order No. 14 in the amount of $539.46 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 $2,009,201.75). (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1216-09-24 n. Change Order No. 1 in the amount of $14,113.95 with Eastern Iowa Excavating & Concrete, LLC for the 2024 FCS Modifications Along 1st Street NE project (original contract amount was $141,055.95; total contract amount with this amendment is $155,169.90). Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 9 1217-09-24 o. Change Order No. 1 in the amount of $109,976.16 with Midwest Concrete, Inc. for the FY24 Milling & Curb Repair project (original contract amount was $4,052,589.13; total contract amount with this amendment is $4,162,565.29). (Paving for Progress) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1218-09-24 p. Change Order No. 8 in the amount of $23,727.23 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 $3,444,035.78). (Paving for Progress) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1219-09-24 q. Change Order No. 12 in the amount of $32,474.25 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 $8,224,625.88). (Paving for Progress) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1220-09-24 r. Change Order No. 4 in the amount of $3,135 with Rathje Construction Co., Inc. 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 $3,776,001.57). (Paving for Progress) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1221-09-24 s. Granting a Temporary Easement for Construction on City-owned property at 101 1st Avenue SE as requested by Interstate Power and Light Company. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1222-09-24 t. Agreement in the amount of $4,000 and accepting a Temporary Construction Easement from Red Ball Route, LLC for land at 1390 3rd Street SE in connection with the 16th Avenue SE from 2nd Street to 4th Street Pavement and Water Main Improvements project. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 10 1223-09-24 u. Purchase Agreement in the amount of $11,090 and accepting a Warranty Deed and Rail Spur Agreement from Ingredion Inc. for land at 1001 1st Street SW in connection with the Cedar River Flood Control System project. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1224-09-24 v. Agreement in the amount of $21,000 and accepting a Warranty Deed for right- of-way and a Permanent Drainage Easement from Pamela Meier for land at 1876 Ellis Boulevard NW in connection with the Cedar River Flood Control System project. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1225-09-24 w. Agreement for Utility Reestablishment in the amount of $1 with Cargill for land at 1710 16th Street SE (R4-61) in connection with the Flood Risk Management project. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1226-09-24 x. Agreement for Utility Reestablishment in the amount of $1 with Cargill for land at 1710 16th Street SE (R4-79) in connection with the Flood Risk Management project. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1227-09-24 y. Agreement for Utility Reestablishment in the amount of $1 with Interstate Power and Light for land at 1710 16th Street SE in connection with the Flood Risk Management project. (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 1228-09-24 z. Awarding and approving contract in the amount of $15,525,000, bond and insurance of Garling Construction for the Westside Library project (estimated cost was $17,850,000). (Council Priority) Council member Maier moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 17. Report on bids for the Noelridge Greenhouse Boiler Replacement project (estimated cost is $310,000) (Jeff Koffron). 11 18. Report on bids for the Taft and West Willow Safe Routes to School project (estimated cost is $548,000) (Ken DeKeyser). d. 1229-09-24 a. Resolution awarding and approving contract in the amount of $472,983.51, bond and insurance of Midwest Concrete, Inc. for the Taft and West Willow Safe Routes to School project. Council member Hoeger moved to approve; seconded by Council member S. Olson. Absent: Mayor O’Donnell. Result: Approved. 1230-09-24 19. Presentation and resolution of support authorizing City financial incentives for a State Historic Tax Credit Program Application by Aspect Investments, LC for a redevelopment project at 222 3rd Street SE and 316 3rd Avenue SE, and authorizing local match funds through the Above Standard Economic Development Program (Scott Mather). (Council Priority) Council member Todd moved to approve; seconded by Council member T. Olson. Abstain: Council member Hoeger. Absent: Mayor O’Donnell. Result: Approved. 1231-09-24 20. Presentation and resolution approving a project term sheet with Modern Home Builders LLC for the redevelopment of property at 123 and 129 16th Avenue SW (Scott Mather). (Council Priority) Council member Overland moved to approve; seconded by Council member Maier. Absent: Mayor O’Donnell. Result: Approved. 1232-09-24 21. Presentation and resolution authorizing execution of Amendment No. 2 to the Development Agreement with LTRI LLC for the redevelopment of City-owned property along Ellis Boulevard and J Avenue NW (Scott Mather). (Council Priority) Council member Hoeger moved to approve; seconded by Council member T. Olson. Absent: Mayor O’Donnell. Result: Approved. 042-24 22. 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 Maier moved the approval of the Ordinance on its second reading; seconded by Council member Vanorny. Absent: Mayor O’Donnell. 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. Absent: Mayor O’Donnell. Result: Adopted. 12 043-24 23. 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 Priority) Council member Vanorny moved the approval of the Ordinance on its second reading; seconded by Council member Todd. Absent: Mayor O’Donnell. 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. Absent: Mayor O’Donnell. Result: Adopted. 044-24 24. 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 Priority) Council member Hoeger moved the approval of the Ordinance on its second reading; seconded by Council member Overland. Absent: Mayor O’Donnell. 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. Absent: Mayor O’Donnell. Result: Adopted. Public comments were heard. Motion to adjourn. Council member Hoeger moved to approve; seconded by Council member Maier. Absent: Mayor O’Donnell. Result: Approved. City Council adjourned at 1:31 PM to meet Tuesday, September 24, 2024 at 4:00 PM. Alissa Van Sloten, City Clerk 13

Agenda

“Cedar Rapids is a vibrant urban hometown – a beacon for people and businesses invested in building a greater community now and for the next generation.” NOTICE OF CITY COUNCIL MEETING The Cedar Rapids City Council will meet in Regular Session on Tuesday, September 10, 2024 at 12:00 PM in the Council Chambers, 3rd Floor, City Hall, 101 First Street SE, Cedar Rapids, Iowa, to discuss and possibly act upon the matters as set forth below in this tentative agenda. (Please silence mobile devices.) AGENDA • Invocation • Pledge of Allegiance • Proclamations/Presentations ❖ Proclamation – Hispanic Heritage Month ❖ Proclamation – Constitution Week ❖ Presentation – Stand Up for Peace/Group Violence Intervention Update PUBLIC HEARINGS 1. A public hearing will be held to consider 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 (Roy Hesemann). (Council Priority) CIP/DID #6150059-01 a. Resolution instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $390,000,000 Sewer Revenue Capital Loan Notes. 2. A public hearing will be held 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 (Rob Davis). (Council Priority) CIP/DID #EASE-000620-2024 a. Resolution vacating 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. 1 3. A public hearing will be held to consider the proposed plans, specifications, form of contract and estimated cost for the LightLine Loop project (estimated cost is $12,320,000) (Ken DeKeyser). (Council Priority) CIP/DID #3018030-02 a. Resolution adopting plans, specifications, form of contract and estimated cost for the LightLine Loop project. PUBLIC COMMENT This is an opportunity for the public to address the City Council on any subject pertaining to Council action scheduled for today. If you wish to speak, place your name on the sign-up sheet on the table outside the Council Chambers and approach the microphone when called upon. MOTION TO APPROVE AGENDA CONSENT AGENDA These are routine items, some of which are old business and some of which are new business. They will be approved by one motion without individual discussion unless Council requests that an item be removed for separate consideration. 4. Motion to approve the minutes. 5. Resolution adopting the updated Procedural Rules of the Cedar Rapids City Council. CIP/DID #ATT000051 6. Resolution amending Resolution No. 0226-02-24 and Resolution No. 0284-03-24 to identify Heaviside LLC as an affiliate of Google LLC in connection with the Development Agreement for the construction of one or more data centers along Edgewood Road and 76th Avenue SW. (Council Priority) CIP/DID #HQJ-0006-2024 7. Resolution authorizing City financial incentives for a State Historic Tax Credit Program Application by KN Properties 15 LLC for a mixed-use redevelopment project at 611 2nd Avenue SE, and authorizing local match funds through the Local Match Economic Development Program. (Council Priority) CIP/DID #TIF-0090-2024 8. 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. September 24, 2024 – 3rd Avenue SE at 10th Street Intersection Improvements project (estimated cost is $170,000). CIP/DID #3016016-24 b. September 24, 2024 – WPCF – Decant Tank Improvements project (estimated cost is $1,700,000). (Council Priority) CIP/DID #6150057-02 2 9. Motion approving the beer/liquor/wine applications of: CIP/DID #OB1145716 a. 7 Star Liquor & Tobacco Outlet, 502 E Avenue NW. b. Boulder Tap House, 4515 Westdale Parkway SW. c. Cedar Rapids Parks Foundation, PO Box 2641 (5-day license for an event at Bever Park, 2700 Bever Avenue SE). d. Chili’s Grill & Bar, 1250 Collins Road NE. e. Classic Event Center, 3607 1st Avenue SE. f. Cliff’s Dive Bar & Grill, 227 2nd Avenue SE (5-day license for an event at 2nd Avenue and 3rd Street SE). g. Coe College, 1220 1st Avenue NE. h. Crosby’s, 1028 3rd Street SE. i. Cruz’s Cafe, 568 Boyson Road NE. j. Daisy’s Garage, 5240 Edgewood Road NE. k. El Bajio, 555 Gateway Place SW. l. Family Dollar #24541, 901 1st Avenue SW. m. The Fun Station, 200 Collins Road NE. n. The History Center, 800 2nd Avenue SE. o. Hy-Vee Club Room #5, 3235 Oakland Road NE. p. Kickstand, 203 16th Avenue SE. q. Kwik Star #283, 8835 Runway Court SW. r. Mi Lindo Vallarta, 529 5th Avenue SE (new – formerly Runt’s Munchies). s. Pedaler’s Fork, 2010 Sylvia Avenue NE. t. Persis Biryani Indian Grill, 4862 1st Avenue NE. u. Pub 217, 217 3rd Street SE. v. Sacred Cow Tavern, 1000 7th Street SE. w. Texas Roadhouse, 2605 Edgewood Road SW. x. Traveling Tapster, 3316 Rosewood Court NE (5-day license for an event at 846 9th Avenue SE). y. Up In Smoke BBQ, 92 16th Avenue SW. z. Walgreens #12580, 324 Edgewood Road NW. aa. Westside Lounge, 325 Edgewood Road NW. ab. Zeppelin’s Restaurant, 5300 Edgewood Road NE. 10. Resolutions approving: a. Payment of bills. CIP/DID #FIN2024-01 b. Payroll. CIP/DID #FIN2024-02 11. Resolutions approving the special event applications for: a. Cedar Rapids Bank & Trust Client Appreciation Event (includes road closures) on September 20, 2024. CIP/DID #EVENT-83760-2024 b. BrewNost (includes road closures) on September 20, 2024. CIP/DID #EVENT-83451- 2024 c. Blocktoberfest (includes road closures) on September 27, 2024. CIP/DID #EVENT-83036- 2024 d. The Crunch Berry Run (includes road closures) on September 28, 2024. CIP/DID #EVENT-78101-2024 e. Especially for You Race Against Breast Cancer (includes road closures) on October 6, 2024. CIP/DID #EVENT-81199-2024 3 12. Resolutions approving assessment actions: a. Intent to assess – Solid Waste and Recycling – cleanup costs – six properties. (Council Priority) CIP/DID #SWM-017-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – four properties. (Council Priority) CIP/DID #SWM-014-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 37 properties. CIP/DID #WTR091024-01 13. Resolutions accepting subdivision improvements and approving Maintenance Bonds: a. Water system improvements for the 12th Avenue SE Roller Gate Closure project and 4- year Maintenance Bond submitted by Pirc-Tobin Construction, Inc. in the amount of $173,000. (Council Priority) CIP/DID #2023052 b. Sanitary sewer in 380 Commerce Second Addition and 4-year Maintenance Bond submitted by Dave Schmitt Construction Co., Inc. in the amount of $7,375.20. CIP/DID #FLPT-034305-2023 c. Storm sewer for the Colonial Building Renovation project and 4-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $5,260. CIP/DID #ASDP- 033627-2023 d. Sanitary sewer in Summerfield 16th Addition and 4-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $87,086. CIP/DID #FLPT-033145-2022 e. Storm sewer in Summerfield 16th Addition and 4-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $344,167.50. CIP/DID #FLPT-033145-2022 14. Resolutions accepting projects, approving Performance Bonds and authorizing final payments: a. Blairs Ferry Road NE Improvements and 18th Avenue Extension project, final payment in the amount of $58,712.55 and 4-year Performance Bond submitted by Dave Schmitt Construction Co., Inc. (original contract amount was $1,177,497.65; final contract amount is $1,174,251.02). CIP/DID #301881-02 b. Wayfinding Signage Installation Phase 2 project, Change Order No. 3 deducting the amount of $42,907.04 and 2-year Performance Bond submitted by ASI Signage Innovations (original contract amount was $553,698; final contract amount is $510,790.96). CIP/DID #PUR0722-004 c. Replace 84” HDPE Concrete Pipe project, final payment in the amount of $319,827.63 and 2-year Performance Bond submitted by Langman Construction (original contract amount was $5,000,000; final contract amount is $6,396,552.62). CIP/DID #PUR0224- 210 d. Earhart Lane SW Extension from Walford Road to Wright Brothers Boulevard Phase 3 project, final payment in the amount of $95,157.42 and 4-year Performance Bond submitted by Peterson Contractors, Inc. (original contract amount was $1,967,163.58; final contract amount is $1,903,148.33). CIP/DID #301965-06 15. Resolutions approving final plats: a. C Street First Addition for land north of 13th Avenue and west of C Street SW. (Council Priority) CIP/DID #FLPT-000574-2024 b. Dows Farm Agri-Community First Addition in Linn County, Iowa for land north of Mount Vernon Road SE and east of Dows Road. (Council Priority) CIP/DID #FLPT-033546- 2023 c. Prairie Place Addition for land north of Kirkwood Parkway and west of C Street SW. (Council Priority) CIP/DID #FLPT-000528-2024 4 16. Resolutions approving actions regarding purchases, contracts and agreements: a. Development Agreement and related documents with WWI3 for an amount not to exceed $125,000 for property between 2673 and 2681 Fruitland Boulevard SW in connection with the Community Development Block Grant – Disaster Recovery Single-Family New Construction (ROOTs) Program. (Council Priority) CIP/DID #CDBG-DR-FY22 b. Amendment No. 8 to the contract with Roto-Rooter for jetting and cleanout services to add emergency work in the amount of $120,021.52 (original contract amount was $400,000; total contract amount with this amendment is $897,948.39). CIP/DID #PUR0719-010 c. Amending Resolution No. 1828-12-22, which accepted the Mechanical Equipment for Ice Arena project completed by Technical Systems, Inc., to remove the reference to Change Order No. 1 (original contract amount was $420,000; final contract amount is $413,500). CIP/DID #PUR0120-155 d. Amending Resolution No. 0034-01-22, which authorized the purchase of a tandem axle chassis for a dump body for the Fleet Services Division from Truck Country, to reflect a price increase in the amount of $20,719 (original purchase amount was $104,873; total purchase amount with this amendment is $125,592). CIP/DID #PUR0921-085 e. Amending Resolution No. 0920-07-24, which authorized a contract with Keltek Inc. for public safety equipment maintenance and support services for the Police Department, to correct the amount to $332,278 and the term to May 1, 2024 to April 30, 2027. CIP/DID #PUR0424-257 f. Public Works Department purchase of up to 8,000 tons of rock salt from Compass Minerals America Inc. for an amount not to exceed $713,440 for winter snow and ice control. (Council Priority) CIP/DID #80-25-006 g. Contract with TEG, LLC for mailing services for the Water Division for an annual amount not to exceed $350,000. CIP/DID #PUR0724-029 h. Rescinding Resolution No. 0216-02-23, which authorized a contract with Truterra, LLC for conservation technical assistance for the Water Pollution Control Facility, as the contract was never established. CIP/DID #PUR1022-094 i. Amendment No. 1 to the Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $37,761 for engineering design services in connection with the 16th Avenue, 3rd Street, and 4th Street SE Streetscaping Improvements project (original contract amount was $98,544; total contract amount with this amendment is $136,305). CIP/DID #3018035-01 j. Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $244,000 for engineering design services in connection with the 7th Avenue at Cedar River Water Main Improvements project. CIP/DID #2025017-01 k. Professional Services Agreement with Shive-Hattery, Inc. for an amount not to exceed $150,000 for design services in connection with the Southwest Cedar Rapids Railroad Crossing Improvements project. CIP/DID #301994-20 l. Amendment No. 2 to the Professional Services Agreement with Snyder & Associates, Inc. for an amount not to exceed $150,000 for construction administration services (original contract amount was $150,000; total contract amount with this amendment is $450,000). CIP/DID #PUR1223-160 m. Change Order No. 14 in the amount of $539.46 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 $2,009,201.75). (Council Priority) CIP/DID #3313520-62 n. Change Order No. 1 in the amount of $14,113.95 with Eastern Iowa Excavating & Concrete, LLC for the 2024 FCS Modifications Along 1st Street NE project (original contract amount was $141,055.95; total contract amount with this amendment is $155,169.90). CIP/DID #3315552-01 5 o. Change Order No. 1 in the amount of $109,976.16 with Midwest Concrete, Inc. for the FY24 Milling & Curb Repair project (original contract amount was $4,052,589.13; total contract amount with this amendment is $4,162,565.29). (Paving for Progress) CIP/DID #301998-15 p. Change Order No. 8 in the amount of $23,727.23 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 $3,444,035.78). (Paving for Progress) CIP/DID #3012094-08 q. Change Order No. 12 in the amount of $32,474.25 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 $8,224,625.88). (Paving for Progress) CIP/DID #3012149-05 r. Change Order No. 4 in the amount of $3,135 with Rathje Construction Co., Inc. 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 $3,776,001.57). (Paving for Progress) CIP/DID #3012336-02 s. Granting a Temporary Easement for Construction on City-owned property at 101 1st Avenue SE as requested by Interstate Power and Light Company. (Council Priority) CIP/DID #3315200-00 t. Agreement in the amount of $4,000 and accepting a Temporary Construction Easement from Red Ball Route, LLC for land at 1390 3rd Street SE in connection with the 16th Avenue SE from 2nd Street to 4th Street Pavement and Water Main Improvements project. (Council Priority) CIP/DID #301964-00 u. Purchase Agreement in the amount of $11,090 and accepting a Warranty Deed and Rail Spur Agreement from Ingredion Inc. for land at 1001 1st Street SW in connection with the Cedar River Flood Control System project. (Council Priority) CIP/DID #3313200-00 v. Agreement in the amount of $21,000 and accepting a Warranty Deed for right-of-way and a Permanent Drainage Easement from Pamela Meier for land at 1876 Ellis Boulevard NW in connection with the Cedar River Flood Control System project. (Council Priority) CIP/DID #3311200-00 w. Agreement for Utility Reestablishment in the amount of $1 with Cargill for land at 1710 16th Street SE (R4-61) in connection with the Flood Risk Management project. (Council Priority) CIP/DID #3317200-00 x. Agreement for Utility Reestablishment in the amount of $1 with Cargill for land at 1710 16th Street SE (R4-79) in connection with the Flood Risk Management project. (Council Priority) CIP/DID #3317200-00 y. Agreement for Utility Reestablishment in the amount of $1 with Interstate Power and Light for land at 1710 16th Street SE in connection with the Flood Risk Management project. (Council Priority) CIP/DID #3315200-00 z. Awarding and approving contract in the amount of $15,525,000, bond and insurance of Garling Construction for the Westside Library project (estimated cost was $17,850,000). (Council Priority) CIP/DID #PUR0624-324 6 REGULAR AGENDA 17. Report on bids for the Noelridge Greenhouse Boiler Replacement project (estimated cost is $310,000) (Jeff Koffron). CIP/DID #PUR0724-014 18. Report on bids for the Taft and West Willow Safe Routes to School project (estimated cost is $548,000) (Ken DeKeyser). CIP/DID #301948-02 a. Resolution awarding and approving contract in the amount of $472,983.51, bond and insurance of Midwest Concrete, Inc. for the Taft and West Willow Safe Routes to School project. 19. Presentation and resolution of support authorizing City financial incentives for a State Historic Tax Credit Program Application by Aspect Investments, LC for a redevelopment project at 222 3rd Street SE and 316 3rd Avenue SE, and authorizing local match funds through the Above Standard Economic Development Program (Scott Mather). (Council Priority) CIP/DID #TIF-0093-2024 20. Presentation and resolution approving a project term sheet with Modern Home Builders LLC for the redevelopment of property at 123 and 129 16th Avenue SW (Scott Mather). (Council Priority) CIP/DID #TIF-0002-2024 21. Presentation and resolution authorizing execution of Amendment No. 2 to the Development Agreement with LTRI LLC for the redevelopment of City-owned property along Ellis Boulevard and J Avenue NW (Scott Mather). (Council Priority) CIP/DID #DISP-0034-2020 ORDINANCES Second and possible Third Readings 22. 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) CIP/DID #BSD-007-2024 23. 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 Priority) CIP/DID #RZNE-000545-2024 24. 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 Priority) CIP/DID #RZNE-000603- 2024 7 PUBLIC INPUT This is an opportunity for the public to address the City Council on any subject pertaining to Council business. If you wish to speak, place your name on the sign-up sheet on the table outside the Council Chambers and approach the microphone when called upon. CITY MANAGER COMMUNICATIONS AND DISCUSSIONS Anyone who requires an auxiliary aid or service for effective communication or a modification of policies or procedures to participate in a City Council public meeting or event should contact the City Clerk’s Office at 319-286-5060 or cityclerk@cedar-rapids.org as soon as possible but no later than 48 hours before the event. Agendas and minutes for Cedar Rapids City Council meetings can be viewed at www.cedar-rapids.org. 8

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