City Council

CITY OF CEDAR RAPIDS, IOWA MINUTES OF THE CITY COUNCIL REGULAR SESSION November 5, 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, Scott Olson, Tyler Olson, Scott Overland, Ann Poe, Dale Todd and Ashley Vanorny. Absent, Council member David Maier. Also present were City Manager Jeff Pomeranz and Assistant City Attorney Trish Kropf. The invocation was given by Public Safety Chaplain Taha Tawil. Pledge of Allegiance. Council member Vanorny presented a Proclamation declaring November 2024 as Adoption Month. Council member Poe presented a Proclamation declaring November 18 to 24, 2024 as Global Entrepreneurship 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 proposed Amendment No. 1 to the Urban Renewal Plan for the Hawkeye Downs Urban Renewal Area (Scott Mather). (Council Priority) No comments or objections were heard or filed. a. 1544-11-24 a. Resolution approving Amendment No. 1 to the Urban Renewal Plan for the Hawkeye Downs Urban Renewal Area. Council member Poe moved to approve; seconded by Council member Vanorny. Abstain: Council member S. Olson. Absent: Council member Maier. Result: Approved. 2. A public hearing was held to consider a Development Agreement with Sunline Inc. for a phased master plan redevelopment at 4400 6th Street SW (Scott Mather). (Council Priority) No comments or objections were heard or filed. b. 1545-11-24 a. Resolution authorizing execution of a Development Agreement with Sunline Inc. for a phased master plan redevelopment at 4400 6th Street SW. Council member Overland moved to approve; seconded by Council member T. Olson. Abstain: Council member S. Olson. Absent: Council member Maier. Result: Approved. 1  3. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the FY 2025 Tree and Vegetation Removal project (estimated cost is $310,000) (Ben Worrell). No comments or objections were heard or filed. c. 1546-11-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the FY 2025 Tree and Vegetation Removal project. Council member Hoeger moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 4. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Repair & Refurbish Cherry Hill Pool Slides project (estimated cost is $215,000) (Steve Krug and Rusty Fuller). No comments or objections were heard or filed. d. 1547-11-24 a. Resolution adopting plans, specifications, form of contract and estimated cost for the Repair & Refurbish Cherry Hill Pool Slides project. Council member Vanorny moved to approve; seconded by Council member Todd. Absent: Council member Maier. Result: Approved. Motion to approve the agenda. Council member Poe moved to approve; seconded by Council member Hoeger. Absent: Council member Maier. Result: Approved. Motion to approve the consent agenda. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 5. Motion to approve the minutes. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1548-11-24 6. Resolution authorizing submittal of the Annual Urban Renewal Area Report to the Iowa Department of Management reporting on activities, debt, and financial obligations within the City’s Urban Renewal Areas. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 2 1549-11-24 7. Resolution authorizing submittal of Tax Increment Financing Indebtedness Certifications to the Linn County Auditor indicating the total debt incurred and tax increment revenues collected within each of the City’s Urban Renewal Areas. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1550-11-24 8. Resolution establishing a 10-foot Sanitary Sewer Easement at the northwest corner of 515 8th Street NW south of E Avenue. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1551-11-24 9. Resolution establishing a 10-foot Sanitary Sewer Easement at the southwest corner of 515 8th Street NW south of E Avenue. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1552-11-24 10. Resolution setting a public hearing for November 19, 2024 to consider the vacation of a 0.17-acre portion of 6th Avenue SE right-of-way southwest of 1st Street SE between 535 and 625 1st Street SE. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1553-11-24 11. Resolution setting a public hearing for December 3, 2024 to consider the Resolution of Necessity (Proposed) for the construction of sanitary sewer services for the 2025 Sanitary Sewer Service Replacement project. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 12. Motion setting public hearing date for: a. December 3, 2024 – to consider annexation of land generally located along Walford Road east of 18th Street SW as requested by the Cedar Rapids Airport Commission. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 3 13. 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. November 19, 2024 – 2025 Sidewalk Infill project (estimated cost is $270,000). (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. b. November 19, 2024 – Alliant Energy LightLine Bridge project (estimated cost is $11,300,000). (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. c. November 19, 2024 – Stickle Drive NE at 4th Street East Central Quiet Zone Improvements project (estimated cost is $680,000). (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. d. November 19, 2024 – Glass Road Tank Reconditioning project (estimated cost is $538,000). (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 14. Motion approving the beer/liquor/wine applications of: a. Aldi #61, 5425 Blairs Forest Boulevard NE. b. Aldi #62, 1860 Edgewood Road SW. c. Cedar Ridge Distillery, Swisher (5-day license for an event at 4444 1st Avenue NE). d. Craft’d After Dark, 333 1st Street SE (new). e. CSPS Hall, 1103 3rd Street SE (new – new ownership). f. Elevate Sports, 4655 Tower Terrace Road NE, Unit #A (new – formerly Game on 380). g. Epic Catering, 319 7th Street SE. h. Essentials, 1500 1st Avenue NE. i. Home Port, 624 Center Point Road NE. j. Kum & Go #520, 2604 16th Avenue SW. k. Los Primos, 2215 Westdale Drive SW. l. McGrath Amphitheatre Cedar Rapids, 475 1st Street SW (14-day license for an event). m. Murphy USA #7775, 3030 Edgewood Road SW. n. The Pedaler’s Fork, 2010 Sylvia Avenue NE, Suites A, B, & C (new – new ownership). 4  o. Tornado’s Grub & Pub, 1600 3rd Street SE. p. Vernon Bar and Grill, 2835 Mount Vernon Road SE. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 15. Resolutions approving: 1554-11-24 a. Payment of bills. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1555-11-24 b. Payroll. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 16. Resolutions approving assessment actions: 1556-11-24 a. Intent to assess – Solid Waste and Recycling – cleanup costs – four properties. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1557-11-24 b. Levy assessment – Solid Waste and Recycling – cleanup costs – eight properties. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1558-11-24 c. Intent to assess – Water Division – delinquent municipal utility bills – 37 properties. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1559-11-24 d. Levy assessment – Water Division – delinquent municipal utility bills – 15 properties. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 5  17. Resolution accepting project, approving Performance Bond and authorizing final payment: 1560-11-24 a. 26th Street SE from Meadowbrook Drive to Bever Avenue project, final payment in the amount of $89,804.87 and 4-year Performance Bond submitted by Dave Schmitt Construction Co., Inc. (original contract amount was $1,896,927.15; final contract amount is $1,796,097.42). (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 18. Resolution approving final plat: 1561-11-24 a. Julian’s First Addition for land south of Summit Avenue SW and east of C Street SW. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 19. Resolutions approving actions regarding purchases, contracts and agreements: 1562-11-24 a. 28E Agreement with the Cedar Rapids Community School District for an amount not to exceed $62,009.03 for the adult crossing guard program for fiscal year 2025. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1563-11-24 b. Reimbursement Agreement with Downtown Parking Management, Inc. for an amount not to exceed $67,830 for temporary replacement parking in connection with the Cedar River Flood Control System project. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1564-11-24 c. Reimbursement Agreement with Union Pacific Railroad Company for an estimated amount of $30,000 for preliminary engineering services in connection with the 4th Street SE from 6th Avenue to 12th Avenue Newbo Quiet Zone Improvements project. (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1565-11-24 d. Amendment No. 4 to renew the contract with Crawford Quarry Company, Inc. for storage of lime sludge for the Water Division for an annual amount not to exceed $235,000 (original contract amount was $200,000; renewal contract amount is $235,000). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 6 1566-11-24 e. Amendment No. 12 to the contract with Polydyne, Inc. for Polymer Clarifloc C- 321 for the Water Pollution Control Facility to increase volume for an amount not to exceed $175,000 (original contract amount was $1,100,000; total contract amount with this amendment is $1,275,000). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1567-11-24 f. Amendment No. 1 to the Professional Services Agreement with Dixon Engineering, Inc. for an amount not to exceed $39,480 for inspection services in connection with the Glass Rd. Standpipe Reconditioning project (original contract amount was $112,950; total contract amount with this amendment is $152,430). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1568-11-24 g. Professional Services Agreement with Fehr Graham Engineering & Environmental for an amount not to exceed $242,500 for design services in connection with the F Avenue NE from Old Marion Road to Collins Road project. (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1569-11-24 h. Professional Services Agreement with Foth Infrastructure & Environment, LLC for an amount not to exceed $155,013 for engineering design services in connection with the E Avenue NW Improvements from Shetland Drive to Edgewood Road project. (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1570-11-24 i. Change Order No. 5 in the amount of $552,249.96 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 $1,215,730.21). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1571-11-24 j. Change Order No. 2 in the amount of $82,510 with C-2 Creative Concrete for the FY 2024 Sidewalk Repair Program project (original contract amount was $279,136.25; total contract amount with this amendment is $363,065.25). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 7 1572-11-24 k. Change Order No. 3 in the amount of $252,634.55 with Midwest Concrete, Inc. for the 2024 Pavement Milling and Curb Repair project (original contract amount was $4,052,589.13; total contract amount with this amendment is $4,514,423.96). (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1573-11-24 l. Change Order No. 10 in the amount of $3,178.06 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 $3,452,490.32). (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1574-11-24 m. Change Order No. 11 in the amount of $38,138 with Possibilities Unlimited, LLC for the FY 2023 Sidewalk Repair Program project (original contract amount was $1,315,881; total contract amount with this amendment is $1,463,431.20). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1575-11-24 n. Change Order No. 14 in the amount of $173,456.01 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 $8,544,164.36). (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1576-11-24 o. Change Order No. 22 in the amount of $167,923.24 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 $22,793,183.57). (Council Priority) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1577-11-24 p. Change Order No. 6 in the amount of $6,531.70 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 $1,812,932). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 8 1578-11-24 q. Change Order No. 6 in the amount of $9,958.03 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 $3,993,467.47). (Paving for Progress) Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1579-11-24 r. Change Order No. 3 in the amount of $15,613.07 and Change Order No. 4 in the amount of $62,363.06 with Rathje Construction Co. for the Tower Terrace Road Phase B PCC Pavement project (original contract amount was $4,974,259.71; total contract amount with these amendments is $5,157,124.87). Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1580-11-24 s. Agreement in the amount of $184 and accepting a Temporary Construction Easement from CPC Properties, LC for land at 306 10th Street SE in connection with the 3rd Avenue SE and 10th Street SE Intersection Improvements project. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1581-11-24 t. Agreement in the amount of $199 and accepting a Temporary Construction Easement from First Evangelical Lutheran Church for land at 1000 3rd Avenue SE in connection with the 3rd Avenue SE and 10th Street SE Intersection Improvements project. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1582-11-24 u. Agreement in the amount of $131 and accepting a Temporary Construction Easement from Immaculate Conception Church for land at 857 3rd Avenue SE in connection with the 3rd Avenue SE and 10th Street SE Intersection Improvements project. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 1583-11-24 v. Agreement in the amount of $1 and accepting a Temporary Construction Easement from St. Luke's Methodist Hospital for land at 275 10th Street SE in connection with the 3rd Avenue SE and 10th Street SE Intersection Improvements project. Council member Todd moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. 9 046-24 20. Ordinance granting a change of zone for property at 4010 20th Avenue SW from A- AG, Agricultural District, to S-RMF, Suburban Residential Medium Flex District, as requested by Big Dreams, LLC and Schillig Limited Partnership. (Council Priority) Council member S. Olson moved the approval of the Ordinance on its second reading; seconded by Council member Todd. Absent: Council member Maier. Result: Approved. Council member Poe moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its third and final reading; seconded by Council member T. Olson. Absent: Council member Maier. Result: Adopted. 047-24 21. Ordinance vacating a 0.17-acre portion of 7th Avenue SE right-of-way southwest of 1st Street SE between 625 and 720 1st Street SE. (Council Priority) Council member Hoeger moved the approval of the Ordinance on its second reading; seconded by Council member T. Olson. Absent: Council member Maier. Result: Approved. Council member Poe moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its third and final reading; seconded by Council member Vanorny. Absent: Council member Maier. Result: Adopted. Motion to adjourn. Council member T. Olson moved to approve; seconded by Council member Overland. Absent: Council member Maier. Result: Approved. City Council adjourned at 12:27 PM to meet Tuesday, November 19, 2024 at 4:00 PM. Alissa Van Sloten, City Clerk 10