City Council

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION September 24, 2024, 4:00 PM City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Tiffany D. O’Donnell and Council members Marty Hoeger, David Maier, Scott Olson, Tyler Olson, Scott Overland, Ann Poe, Dale Todd and Ashley Vanorny. Also present were Acting City Manager Greg Smith and City Attorney Vanessa Chavez. The invocation was given by Public Safety Chaplain Taha Tawil. Pledge of Allegiance. Council member Poe presented a Proclamation declaring September 30 to October 5, 2024 as National Week Without Driving. Council member Poe presented a Proclamation recognizing the St. Wenceslaus Church Sesquicentennial. A presentation regarding the Downtown Vision and Action Plan Update was given by Jennifer Pratt and Jennifar Bassett of the Downtown SSMID. 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 establishment of the Grey Hawk Urban Revitalization Area for property along Prairie View Lane SW as requested by Grey Hawk LLC (Scott Mather). (Council Priority) No comments or objections were heard or filed. a. 1233-09-24 a. Resolution approving the Grey Hawk Urban Revitalization Plan for property along Prairie View Lane SW. Council member Vanorny moved to approve; seconded by Council member Maier. Result: Approved. b. First Reading: Ordinance establishing the Grey Hawk Urban Revitalization Area for property along Prairie View Lane SW. Council member S. Olson moved the approval of the Ordinance on its first reading and that it be filed in the office of the City Clerk for public inspection, as required by law, to be considered for action at a later date; seconded by Council member Todd. Result: Approved. 1  2. A public hearing was held to consider the Resolution of Necessity (Proposed) for the 2025 Sidewalk Infill project (Ken DeKeyser). (Council Priority) No comments or objections were heard or filed. b. 1234-09-24 a. Resolution adopting the Resolution of Necessity without amendment for the 2025 Sidewalk Infill project. Council member Poe moved to approve; seconded by Council member Overland. Result: Approved. 3. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 3rd Avenue SE at 10th Street Intersection Improvements project (estimated cost is $170,000) (Ken DeKeyser). (Council Priority) No comments or objections were heard or filed. c. 1235-09-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the 3rd Avenue SE at 10th Street Intersection Improvements project. Council member Overland moved to approve; seconded by Council member T. Olson. Result: Approved. 4. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the WPCF – Decant Tank Improvements project (estimated cost is $1,700,000) (Terry Tiedemann). (Council Priority) No comments or objections were heard or filed. d. 1236-09-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the WPCF – Decant Tank Improvements project. Council member Hoeger moved to approve; seconded by Council member Maier. Result: Approved. Motion to approve the agenda. Council member T. Olson moved to approve; seconded by Council member Overland. Result: Approved. Motion to approve the consent agenda. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 5. Motion to approve the minutes. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1237-09-24 6. Resolution approving an annual Economic Development Grant payment to 2nd Street Properties, LLC in the amount of $7,779. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 2 1238-09-24 7. Resolution approving an annual Economic Development Grant payment to New Buffalo Land Co. LLC in the amount of $130,012. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1239-09-24 8. Resolution authorizing attorney fees in an amount not to exceed $400,000 to Lynch Dallas, PC for legal services in connection with Adams v. Nathan Trimble, Northern District Court Case No. 1:21-cv-00053-CJW-MAR. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1240-09-24 9. Resolution authorizing attorney fees in an amount not to exceed $25,000 to Lynch Dallas, PC for legal services in connection with Calacci Construction Co. Inc. and United Fire & Casualty Company v. City of Cedar Rapids, Linn County District Court Case No. CVCV103732. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1241-09-24 10. Resolution authorizing attorney fees in an amount not to exceed $25,000 to Ackley, Kopecky & Kingery PC for legal services in connection with Robert Teig v. Cedar Rapids, et al, Linn County District Court Case No. EQCV101982. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1242-09-24 11. Resolution authorizing attorney fees in an amount not to exceed $150,000 to Ahlers & Cooney, PC for legal services in connection with Robert Teig v. Vanessa Chavez, et al, Linn County District Court Case Nos. CVCV098833 and 23-0833. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1243-09-24 12. Resolution authorizing the removal of the pedestrian traffic signal on 27th Street NE, adjacent to the now-vacant Arthur Elementary School, and rescinding Resolution No. 1514-8-91. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1244-09-24 13. Resolution accepting work and fixing amount to be assessed for the Center Point Road NE from Coe Road to Lincoln Avenue Reconstruction and One-Way to Two- Way Conversion project. (Paving for Progress) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1245-09-24 14. Resolution setting a public hearing for October 22, 2024, and consultation with affected taxing entities on the proposed Amendment No. 4 to the Urban Renewal Plan for the Central Consolidated Urban Renewal Area. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 3  15. 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. October 8, 2024 – 8th Avenue SE between 5th and 7th Streets Streetscape Improvements project (estimated cost is $220,000). (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. b. October 8, 2024 – Truss Building project (estimated cost is $360,000). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 16. Motion assessing a civil penalty for violation of State Code regarding the sale of alcohol to minors against: a. The Keg, 719 5th Street SE (first offense – $500). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 17. Motion approving the beer/liquor/wine applications of: a. Adelita’s Mexican Grill, 2833 Blairs Ferry Road NE. b. Bricks Bar & Grill, 320 2nd Avenue SE. c. Dollar General #10774, 266 Blairs Ferry Road NE. d. Dollar General #3781, 151 Jacolyn Drive NW. e. Dollar General #6190, 403 Edgewood Road NW. f. Dollar General #9141, 3451 Mount Vernon Road SE. g. Kingston’s Steakhouse, 568 Boyson Road NE. h. Sam’s Club #8162, 2605 Blairs Ferry Road NE. i. Target T-1771, 3400 Edgewood Road SW. j. Uptown Liquor, 2000 Wiley Boulevard SW, Suite 106 (new ownership). k. Veterans of Foreign Wars Post #788, 3240 Southgate Place SW. l. White Lion Treasures, 1239 1st Avenue SE, Suite 3 (new). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 18. Resolutions approving: 1246-09-24 a. Payment of bills. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1247-09-24 b. Payroll. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1248-09-24 c. Transfer of funds. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 4  19. Resolutions approving the special event applications for: 1249-09-24 a. Reprise of the Presidential Visit/Buresch Immigration Tower Dedication (includes road closures) on September 27, 2024. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 20. Resolutions approving assessment actions: 1250-09-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – 11 properties. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1251-09-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – nine properties. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1252-09-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 35 properties. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1253-09-24 d. Levy assessment – Water Division – delinquent municipal utility bills – 13 properties. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 21. Resolutions accepting subdivision improvements and approving Maintenance Bonds: 1254-09-24 a. Portland Cement Concrete pavement in Big Ben Addition, Phase 1 and 4-year Maintenance Bond submitted by Eggleston Concrete Contractors, Inc. in the amount of $359,633.50. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 22. Resolutions accepting projects, approving Performance Bonds and authorizing final payments: 1255-09-24 a. 2024 On Call Concrete Repairs project and 2-year Performance Bond submitted by JDM Concrete, LLC (original contract amount was $45,503; final contract amount is $48,522.40). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1256-09-24 b. FY24 Replacement of Hydrants, Valves, Blow-Offs and Mains project, Change Order No. 3 deducting the amount of $31,878.50, final payment in the amount of $9,065.32 and 4-year Maintenance Bond submitted by B.G. Brecke, Inc. (original contract amount was $205,799.50; final contract amount is $181,306.40). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 5 1257-09-24 c. J Ave WTP Storm Sewer Improvements project, Change Order No. 1 deducting the amount of $3,008, final payment in the amount of $5,829.06 and 2-year Performance Bond submitted by Dave Schmitt Construction Co., Inc. (original contract amount was $127,843; final contract amount is $124,835). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1258-09-24 d. Repair of Water Service Lines FY24 project, Change Order No. 1 deducting the amount of $111,741.55, final retainage payment in the amount of $25,943.54 and 4-year Maintenance Bond submitted by B.G. Brecke, Inc. (original contract amount was $707,270; final contract amount is $595,528.45). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1259-09-24 e. Resurface NHL Rink Concrete project and 2-year Performance Bond submitted by Durable Coatings LLC (original contract amount was $55,870; final contract amount is $55,870). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1260-09-24 f. Resurfacing Vets Parking Lot project, final payment in the amount of $4,988.80 and 2-year Performance Bond submitted by Gee Asphalt Systems, Inc. (original contract amount was $99,775.75; final contract amount is $99,775.75). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 23. Resolution approving a final plat: 1261-09-24 a. Westwood Plaza Third Addition for land south of 20th Avenue SW and west of Edgewood Road SW. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 24. Resolutions approving actions regarding purchases, contracts and agreements: 1262-09-24 a. Amendment No. 1 to the Joint Funding Agreement with the U.S. Geological Survey in the amount of $404,000 for continuing assessment of water availability and quality from the Cedar River alluvial aquifer through September 30, 2025 (original contract amount was $404,000; total contract amount with this amendment is $808,000). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1263-09-24 b. Highway Safety Improvement Program project agreement with the Iowa Department of Transportation for an amount not to exceed $55,000 for pedestrian crosswalk improvements. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 6 1264-09-24 c. Grant agreement with the Iowa Economic Development Authority and the African American Museum of Iowa for a Destination Iowa Grant to fund museum improvements, and a Memorandum of Agreement with the museum in connection with the grant. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1265-09-24 d. Grant agreement with Linn County for interlocal Byrne Justice Assistance Grant funds in the amount of $24,735 for the purchase of 11 duty rifles. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1266-09-24 e. Memorandum of Understanding with Linn County for the Saving Properties and Revitalizing Communities Program. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1267-09-24 f. Development Agreement and related documents with WWI3 for an amount not to exceed $125,000 for property at 164 Cherry Hill Road NW in connection with the Community Development Block Grant – Disaster Recovery Single- Family New Construction (ROOTs) Program. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1268-09-24 g. Addendum No. 1 to the Development Agreement with the Czech Village Association and accepting a Quit Claim Deed for property in connection with the LightLine Loop project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1269-09-24 h. Amendment No. 4 to the contract with Roto Rooter for televising of sanitary service lines for the Public Works Department to add work for an amount not to exceed $30,000 (original contract amount was $125,000; contract amount with this amendment is $185,000). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1270-09-24 i. Amendment No. 1 to the contract with Emergent Architecture for architectural services for the City Hall Annex project for the Facilities Maintenance Services Division to add services for an amount not to exceed $44,000 (original contract amount was $264,000; total contract amount with this amendment is $308,000). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1271-09-24 j. Contract with Express Employment Professionals for temporary staffing services for the Human Resources Department for two years for a total amount not to exceed $300,000. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 7 1272-09-24 k. Amendment No. 2 to the contract with RSM US LLP for professional IT services for the Information Technology Department and add services in the amount of $20,000 (original contract amount was $300,000; total contract amount with this amendment is $420,000). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1273-09-24 l. Amendment No. 7 to renew the contract with Foundation 2 for justice and mental health collaboration for the Police Department for an annual amount not to exceed $150,644.61 (original contract amount was $59,134; renewal contract amount is $150,644.61). (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1274-09-24 m. Transit Division purchase of a medium-duty paratransit replacement bus from Hogland Bus Company, Inc. in the amount of $288,841.85. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1275-09-24 n. Amendment No. 3 to the Professional Services Agreement with Anderson- Bogert Engineers & Surveyors, Inc. for an amount not to exceed $98,177 for engineering design services in connection with the 3rd Street SW from Diagonal Drive to 3rd Avenue Reconstruction project (original contract amount was $198,731; total contract amount with this amendment is $345,283). (Paving for Progress) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1276-09-24 o. Professional Services Agreement with Foth Infrastructure & Environment, LLC for an amount not to exceed $191,000 for engineering design services in connection with the 2025 Pavement Milling and Curb Repair project. (Paving for Progress) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1277-09-24 p. Amendment No. 1 to the Professional Services Agreement with OPN Architects for an amount not to exceed $138,075 for design services in connection with the Parking Ramp at 1st and 1st West project (original contract amount was $1,295,570; total contract amount with this amendment is $1,433,645). Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1278-09-24 q. Professional Services Agreement with RSM US LLP for an amount not to exceed $400,000 for tax consulting services for the WPCF Process Improvements – Contract 2 project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 8 1279-09-24 r. Change Order No. 1 in the amount of $713,800 with Maxwell Construction for the Prairie Valley Feeder Main Relocation project (original contract amount was $3,347,810.45; total contract amount with this amendment is $4,061,610.45). (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1280-09-24 s. Purchase Agreement in the amount of $12,400 and accepting a Warranty Deed from Station on First, LLC for land at 419 1st Street SE in connection with the Cedar River Flood Control System project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1281-09-24 t. Agreement in the amount of $635 and accepting a Temporary Construction Easement from Beck Holdings, LLC for land at 83 16th Avenue SW in connection with the LightLine Loop project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1282-09-24 u. Agreement in the amount of $280 and accepting a Temporary Construction Easement from JEL Properties, LLC for land at 65 16th Avenue SW in connection with the LightLine Loop project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1283-09-24 v. Agreement in the amount of $980 and accepting a Temporary Construction Easement from NCSML Properties, LLC for land at 0 17th Avenue SW in connection with the LightLine Loop project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1284-09-24 w. Agreement in the amount of $135 and accepting a Temporary Construction Easement from NCSML Properties, LLC for land at 77 16th Avenue SW in connection with the LightLine Loop project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1285-09-24 x. Agreement in the amount of $280 and accepting a Temporary Construction Easement from NCSML Properties, LLC for land at 87 16th Avenue SW in connection with the LightLine Loop project. (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1286-09-24 y. Settlement & Release Agreement in the amount of $300,000 in connection with Jarrod Smith v. City of Cedar Rapids, Iowa Workers’ Compensation Commissioner Claim No. 22011788.01. Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 9 1287-09-24 25. Presentation and resolution authorizing the transfer of property taxes collected for the Cedar Rapids Medical Self-Supported Municipal Improvement District for an amount not to exceed $407,293 through fiscal year 2025 (Brian Moudry). Council member Maier moved to approve; seconded by Council member S. Olson. Result: Approved. 1288-09-24 26. Presentation and resolution accepting a proposal from Conlon Construction for the disposition of City-owned property generally located at 1001 2nd Street SE and authorizing negotiation of a Development Agreement (Jeff Wozencraft and Bill Micheel). (Council Priority) Council member Poe moved to approve; seconded by Council member Vanorny. Result: Approved. 1289-09-24 27. Presentation and resolution approving a term sheet with SNA, LLC for a data center campus along 76th Avenue SW under the Above Standard Economic Development Program (Scott Mather and Bill Micheel). (Council Priority) Council member T. Olson moved to approve; seconded by Council member Hoeger. Result: Approved. 1290-09-24 28. Presentation and resolution authorizing City financial incentives under the Community Benefit Economic Development Program for the construction of a commercial headquarters building at 551 50th Avenue Drive SW as proposed by Rex Real Estate LLC (Scott Mather). (Council Priority) Council member S. Olson moved to approve; seconded by Council member Todd. Result: Approved. 1291-09-24 29. Presentation and resolution authorizing City financial incentives under the Master Plan Redevelopment Economic Development Program for a phased master plan redevelopment at 4400 6th Street SW as proposed by Sunline Inc. (Scott Mather). (Council Priority) Council member Poe moved to approve; seconded by Council member Overland. Abstain: Council member S. Olson. Result: Approved. Public comments were heard. Motion to adjourn. Council member Maier moved to approve; seconded by Council member Hoeger. Result: Approved. City Council adjourned at 5:36 PM to meet Tuesday, October 8, 2024 at 12:00 noon. Alissa Van Sloten, City Clerk 10