MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA
Transcription
MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA
MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA January 10, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. The invocation was given by Police Chaplain Pat Rieck. Pledge of Allegiance “Good News” announcements were given by Mayor Corbett. A presentation regarding Cedar Rapids’ Commitment to Sustainability was given by Jeff Pomeranz. A presentation regarding the Fiscal Year 2011 Annual Report for the Cedar Rapids Public Library was given by Bob Pasicznyuk. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the annexation of property west of East Post Road at the intersection of East Post Road and Kenilworth Court (305 East Post Road SE), as requested by the City of Cedar Rapids. No comments or objections were heard or filed. 0001-01-12, annexing property west of East Post Road at the intersection of East Post Road and Kenilworth Court (305 East Post Road SE), as requested by City of Cedar Rapids. A public hearing was held to consider the annexation of property south of 42nd Street NE on the east side of Emerson Avenue NE (3940 Emerson Avenue NE), as requested by Sheryl I. Jahnel and Richard J. Mitchell. No comments or objections were heard or filed. 0002-01-12, annexing property south of 42nd Street NE on the east side of Emerson Avenue NE (3940 Emerson Avenue NE), as requested by Sheryl I. Jahnel and Richard J. Mitchell. A public hearing was held to consider the annexation of property north of Rogers Road NW and west of Edgewood Drive NW as requested by Wilmar Development Company. One objection was heard. Two comments were heard. No written comments or objections were filed. 0003-01-12, annexing property north of Rogers Road NW and west of Edgewood Drive NW as requested by Wilmar Development Company. A public hearing was held to consider the vacation of a 354 square-foot utility easement and the vacation and disposition of public ways and grounds in and to a 388 square-foot parcel of City-owned right-of-way located at 3303 Remington Street SW as requested by Robert L. and Christina M. Slagle. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 388 square-foot parcel of existing City-owned right-of-way located at 3303 Remington Street SW as requested by Robert L. and Christina M. Slagle, was presented and read the first time. Council member Vernon 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the vacation and disposition of public ways and grounds in and to the property described as a 4,821 square-foot parcel of right-of-way located in the formerly-existing alley between 16th Avenue SW and 18th Avenue SW and west of 9th Street SW as requested by the Cedar Rapids Community School District. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 4,821 square-foot parcel of right-of-way located in the formerlyexisting alley between 16th Avenue SW and 18th Avenue SW and west of 9th Street SW as requested by the Cedar Rapids Community School District, was presented and read the first time. Council member Vernon 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create a Czech Bohemia Overlay District with design standards and guidelines applicable to new multifamily and commercial development applications and building permits within the Overlay District. Three comments were heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create a Czech Bohemia Overlay District with design standards and guidelines applicable to new multifamily and commercial development applications and building permits within the Overlay District, was presented and read the first time. Council member Swore 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 Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Indian Creek Trunk Sanitary Sewer – Segment 2 – Phase 1 Reconstruction project (estimated cost is $4,900,000). One comment was heard and a letter was filed. No objections were heard or filed. 0004-01-12, adopting plans, specifications, form of contract and estimated cost for the Indian Creek Trunk Sanitary Sewer – Segment 2 – Phase 1 Reconstruction project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Indian Creek Trunk Sanitary Sewer – Segment 1 and Main Interceptor Sanitary Sewer Manhole 21 Rehabilitation project (estimated cost is $278,000). No comments or objections were heard or filed. 0005-01-12, adopting plans, specifications, form of contract and estimated cost for the Indian Creek Trunk Sanitary Sewer – Segment 1 and Main Interceptor Sanitary Sewer Manhole 21 Rehabilitation project. Council member Vernon was absent for this vote. A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Structures (estimated cost is $247,010). No comments or objections were heard or filed. 0006-01-12, adopting specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Structures (FLOOD). Council member Vernon was absent for this vote. A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Structure - Iowa Air Filter Building (123 14th Avenue SE) (estimated cost is $165,885). No comments or objections were heard or filed. 0007-01-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Structure - Iowa Air Filter Building (123 14th Avenue SE) (FLOOD). Council member Vernon was absent for this vote. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the FEMA Detention Basins Repairs project (estimated cost is $170,000). No comments or objections were heard or filed. 0008-01-12, adopting plans, specifications, form of contract and estimated cost for the FEMA Detention Basins Repairs project (FLOOD). A hearing was held in regards to a $500 civil penalty for violation of State Code regarding the sale of alcohol to minors against Chappy’s Safari Lounge, 229 16th Avenue SE. Comments were heard by owner Brian Chapman. Public comments were heard. Council member Vernon moved to approve the Agenda; seconded by Council member Swore. City Manager Pomeranz requested Item Number 14c (setting a public hearing date for January 24, 2012 to consider a change of zone for property west of C Avenue NE, south of East Main Street, north of Sheffield Drive NE from RMF-1 and R-2 to C-2 as requested by Butschi Real Estate Company) be amended to reflect the correct rezoning request by including C-1; Item Number 27 (Resolution referring to the Linn County Compensation Commission for the partial acquisition of a Permanent Sanitary Sewer Easement and a Temporary Easement for construction from vacant land located west of Banar Drive SW between 33rd Avenue SW and Highway 30, owned by Nancy K. Africa, et al. in connection with the Highway 30 to 33rd Avenue SW (West of Banar Drive) Sanitary Sewer Extension project) be changed to correctly state the name as Betty J. Bellon (not Bellow); and Item Number 33h (Agreement for Private Redevelopment with Raining Rose, Inc. for construction of a new manufacturing facility at 100 30th Street Drive SE) be removed from the agenda. Council member Vernon requested that Item Number 14e (setting a public hearing date for January 24, 2012 to consider a change of zone for property at 2635, 2637, 2645 and 2663 Mt. Vernon Road SE and 916 Norwood Drive SE from O-S and R-3 to C-2 as requested by Kum & Go, L.C., et al.) and Item Number 33n (Utilities Department purchase of outdoor lighting fixtures from Fletcher Reinhardt Company in the amount of $181,205.22) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. January 24, 2012 – to consider the vacation and disposition of public ways and grounds in and to the property described as a 12,772 square-foot parcel of right-ofway located in formerly-existing 7th Street NE between Dewey Avenue NE and D Avenue NE as requested by Cargill, Incorporated; CIP/DID #41-12-009 b. January 24, 2012 – to consider the disposition of public ways and grounds in and to the property described as a 9,568 square-foot parcel of vacated right-of-way located in formerly-existing 7th Street NE between C Avenue NE and Dewey Avenue NE as requested by Cargill, Incorporated; CIP/DID #41-12-015 c. January 24, 2012 – to consider a change of zone for property west of C Avenue NE, south of East Main Street, north of Sheffield Drive NE from RMF-1, Multiple Family Residence Zone District and R-2, Single Family Residence Zone District to C-2, Community Commercial Zone District and C-1, Neighborhood Commercial Zone District as requested by Butschi Real Estate Company; CIP/DID #91-11-61 d. January 24, 2012 – to consider amending the Future Land Use Map in the City’s Comprehensive Plan from Office and Low Density Residential to Commercial for properties at 2635, 2637 and 2645 Mt. Vernon Road SE, 916 Norwood Drive SE and the southerly portion of the property located at 2663 Mt. Vernon Road SE as requested by Kum & Go, L.C., Basil and Lynn Hadjis, DLB Properties, LLC, Todd M. and Jennifer L. Gordon, and Matthew J. Shea; CIP/DID #96-11-17 e. January 24, 2012 – to consider public comments regarding identification of community development needs, program funding for development of proposed activities, and program performance for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs, prior to developing an Annual Action Plan for program year FY12 funding; CIP/DID #246513 f. February 14, 2012 – to consider amending Ordinance Nos. 079-00 and 013-11 to correct the legal descriptions of three sub-areas, Riverside/Oakhill, Mid-town and Coe/Mt. Vernon, within the Consolidated Central Urban Renewal Area; CIP/DID #283396 g. February 14, 2012 – to consider amending Ordinance No. 043-11 to correct the legal description of property to be included in the Raining Rose Urban Renewal Area; CIP/DID #451419 h. January 24, 2012 – to consider rezoning 57 City owned lots for the Single Family New Construction Program Round 3 (SFNC3) from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Multiple Family Residence Zone District; RMF-2, Multiple Family Residence Zone District; and C-2, Community Commercial Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids (FLOOD); CIP/DID #540257 Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 24, 2012 and advertising for bids by publishing notice to bidders for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project and authorizing the City Engineer, or designee, to receive and open the bids and publicly announce the results on February 1, 2012 (estimated cost is $730,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 24, 2012 and advertising for bids by publishing notice to bidders for the NE Quad Water Main Replacement project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on February 1, 2012 (estimated cost is $503,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 24, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Diesel Generator Emissions Standards Compliance project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on February 15, 2012 (estimated cost is $493,000). Motion approving the beer/liquor/wine applications of: a. b. c. d. Al & Irene’s BBQ House, 2020 North Towne Lane NE; Downtown Wrigley, 315 2nd Avenue SE (new-formerly Teeghan’s Ice Bar); El Kahir Embassy Club, 1400 Blairs Ferry Road NE; Otis’ Tailgators Sports Bar, 3969 Center Point Road NE. Motion assessing $300 civil penalties for violation of State Code regarding the sale of cigarettes to minors against the following permit holders: a. b. c. d. e. f. Casey’s General Store #263, 641 Edgewood Road NW; Casey’s General Store #2776, 701 Ellis Blvd. NW; Don Miguel Tienda Mexicana & Carniceria, 2127 Wiley Blvd. SW; 5 Star Wireless & More, 1551 1st Avenue SE; Kum & Go #508, 30 Four Oaks Drive SW; Market Express, 5340 16th Avenue SW. 0009-01-12, approving payment of bills. 0010-01-12, approving payroll. 0011-01-12, approving transfer of funds. 0012-01-12, appointing Monica Vernon as Mayor Pro-Tempore. 0013-01-12, appointing Anne Pham and Robin Tucker to the Civil Rights Commission (effective through June 30, 2013). 0014-01-12, vote of thanks to Nancy Lee Ziese for serving as a member of the Civil Rights Commission. 0015-01-12, appointing the following individuals to the Cedar Rapids Medical SelfSupported Municipal Improvement District (SSMID) Commission: John Albert Timothy Charles Richard Cooley Michelle Jensen Mary Meisterling Melanie O’Donnell Julie Sterling Michael Sundall Julianne Thomas Ted Townsend (effective through June 30, 2013) (effective through June 30, 2013) (effective through June 30, 2013) (effective through June 30, 2014) (effective through June 30, 2014) (effective through June 30, 2014) (effective through June 30, 2015) (effective through June 30, 2015) (effective through June 30, 2015) (effective through June 30, 2015) Philip Wasta Marcia Watson (effective through June 30, 2015) (effective through June 30, 2015) 0016-01-12, approving the special event application for the 37th Annual St. Patrick’s Day Parade (SAPADAPASO) on March 17, 2012. 0017-01-12, adopting the five Guiding Principles of Sustainability for the City of Cedar Rapids, including community, growth, environmental stewardship, affordability and innovation. 0018-01-12, intent to assess for Solid Waste & Recycling clean up costs at 5 properties. 0019-01-12, levying assessments for Utilities – Water Division delinquent municipal utility bills at 13 properties. 0020-01-12, accepting the 2011 Phase 1 Medical District Street Improvements project, approving Performance Bond and authorizing issuance of final payment in the amount of $11,251.14 to City Wide Construction Corporation (original contract amount was $188,782.25; final contract amount is $225,022.88). 0021-01-12, accepting the 2011 Crack Sealing on Hot Mix Asphalt Streets project, approving Performance Bond and authorizing issuance of final payment in the amount of $7,676.31 to Gee Asphalt Systems, Inc. (original contract amount was $100,180; final contract amount is $153,526.20). 0022-01-12, accepting the 18th Avenue SW from West Post Road to ¼ Mile East, Portland Cement Concrete Street, Sidewalk, Sanitary Sewer, Storm Sewer, and Water Main project, approving Performance Bond and authorizing issuance of final payment in the amount of $26,670.73 to Rathje Construction Company (original contract amount was $535,268.95; final contract amount is $533,414.51). 0023-01-12, accepting the Water Plant Access and Video Surveillance project, approving Performance Bond and authorizing issuance of final retainage payment in the amount of $51,192.64 to Gerard Electric Inc. (original contract amount was $911,982.; final contract amount is $1,023,852.56). 0024-01-12, accepting the Convention Complex Hazardous Materials Abatement project, approving Performance Bond and authorizing issuance of final payment in the amount of $42,567.15 to D.W. Zinser Company, Inc. 0025-01-12, accepting the Environmental Remediation Services – Quality Chef project, approving Performance Bond and authorizing issuance of final payment in the amount of $762.50 to Affordable Hazards Removal, Inc. (original contract amount was $15,250; final contract amount is $15,250) (FLOOD). 0026-01-12, accepting the Demolition for Flood Damaged Structure - Iowa Title Building project, approving Performance Bond and authorizing issuance of final payment in the amount of $154,514.76 to D.W. Zinser Company (original contract amount was $62,923.50; final contract amount is $154,514.76) (FLOOD). 0027-01-12, authorizing execution of Amendment No. 2 to reflect increased demolition debris in the amount of $110,368.22 for the Demolition for Flood Damaged Structures project, accepting project, approving Performance Bond and authorizing issuance of final payment in the amount of $11,623.79 to Kelly Demolition, LLC (original contract amount was $122,107.50; final contract amount with this amendment is $232,475.72) (FLOOD). 0028-01-12, establishing a “No Parking Anytime” zone on both the north and south sides rd of 33 Avenue SW in the 2700 through 3200 blocks. 0029-01-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) for the partial acquisition of a Permanent Sanitary Sewer Easement and a Temporary Easement for construction from vacant land located west of Banar Drive SW between 33rd Avenue SW and Highway 30, owned by Nancy K. Africa and H. Frank Bellon Jr. Co-Trustees of the Howard F. Bellon, Sr. Revocable Trust u/d/o October 1, 2001, an undivided ½ interest; and Betty J. Bellon, as Trustee of the Betty J. Bellon Revocable Trust u/d/o October 1, 2001, an undivided ½ interest, in connection with the Highway 30 to 33rd Avenue SW (West of Banar Drive) Sanitary Sewer Extension project. 0030-01-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) for the property acquisition from land located at 1200 Edgewood Road NW, owned by Westgate Communities, LLC, in connection with the Fire Station #3 and Detention Basin project. 0031-01-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) the partial acquisition of right-of-way and a Temporary Grading Easement for construction from 205 10th Street SE, owned by Michael Costas and Helen Mantice, in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. 0032-01-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for 5 properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0033-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 516 8th Street NW (FLOOD). 0034-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 518 8th Street NW (FLOOD). 0035-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 1312 L Street SW (FLOOD). 0036-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 926 G Avenue NW (FLOOD). 0037-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 1004 11th Street NW (FLOOD). 0038-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 816 D Avenue NW (FLOOD). 0039-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 808 G Avenue NW (FLOOD). 0040-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 102 Bowling Street SW (FLOOD). 0041-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 1410 M Street SW (FLOOD). 0042-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 1200 10th Street NW (FLOOD). 0043-01-12, Special Warranty Deeds conveying City-owned property through the Residential Property Disposition program with Affordable Housing Network for property located at 418 B Avenue NW (FLOOD). 0044-01-12, approval of one full-time temporary position to the Fiscal Year 2012 budget of the Housing Services Division to assist with program service delivery for the Single Family New Construction Program, for an estimated amount of $56,085 (FLOOD). 0045-01-12, Amendment No. 7 to renew Agreement for citywide Courier and Security Guard Services with Per Mar Security Services for an estimated annual amount of $98,119.40 (original contract amount was $92,284; renewal contract amount is $98,119.40). 0046-01-12, Amendment No. 2 to renew Agreement for Auto Parts Program with Carquest Auto Parts for the Fleet Services Division for an estimated annual amount of $300,000 (original contract amount was $250,000; renewal contract amount is $300,000). 0047-01-12, Amendment No. 1 to renew Agreement for Janitorial Supplies with AmSan – Interline Brands Inc. for an estimated annual amount of $160,000 (original contract amount was $150,000; renewal contract amount is $ 160,000). 0048-01-12, amending Resolution No. 1518-11-11 to correct the not to exceed amount of the agreement with ME&V for Graphic Design and Layout Services (original amount was $150,000; corrected amount is $87,500). 0049-01-12, Change Order No. 4 in the amount of $68,603.82 with Rathje Construction Company for the Fiscal Year 2011 City of Cedar Rapids, Iowa Sanitary Sewer Improvements Point Repairs and Reconstruction – Package #1 project (original contract amount was $1,297,883.60; total contract amount with this amendment is $1,334,068.62). 0050-01-12, Change Order No. 8 in the amount of $58,283.32 with Pirc-Tobin Construction, Inc. for the Kirkwood Boulevard SW from Kirkwood Court SW to Highway 30/151 and Miller Avenue SW Re-Alignment, Phase II project (original contract amount is $2,361,783.45; total contract amount with this amendment is $2,587,637.68). 0051-01-12, Agreement in the amount of $6,800 for removal and relocation of an advertising sign from land located at 4701 1st Avenue SE owned by Michael D. Quagliano in connection with the 1st Avenue (IA 922/US BUS 151) Marion Boulevard and Collins Road NE Improvements project. 0052-01-12, Fire Department purchase of radio equipment from RACOM Corporation for an amount not to exceed $100,000 through June 30, 2013. 0053-01-12, Letter of Agreement with Avenson, Oakley & Cope Consulting to provide legislative services for an amount of $8,750 per quarter for a total amount not to exceed $35,000. 0054-01-12, purchase of merchandise for resale at the four golf course clubhouses from Titleist in the amount of $39,654.20 which includes estimated freight charges (sole source). 0055-01-12, Release of Acquisition Agreements from Swiss Valley Farms Cooperative for the vacated right-of-way of that portion of Summer Street NW between E Avenue NW and F Avenue NW in connection with the Community Development Block Grant (CDBG) Voluntary Property Acquisition program. 0056-01-12, Utilities Department purchase of indoor lighting fixtures from Van Meter in the amount of $34,847.20. 0057-01-12, Public Works Department purchase of lighting fixtures for the 3rd Avenue Parkade from Crescent Electric in the amount of $67,539. 0058-01-12, Water Pollution Control purchase of 25 sanitary sewer flow meters from ADS LLC in the amount of $102,500 and trading in 25 meters for the amount of $25,000. 0059-01-12, Public Works Department purchase of additional material testing services from TEAM Services for the contract period January 1, 2011 through December 31, 2011 for an amount not to exceed of $35,000. 0060-01-12, Total Acquisition Purchase Agreement in the amount of $336,000 with Community Theatre Building Corporation from real property currently used as a parking lot located at 1st Avenue East and adjacent to 106 3rd Street SE in connection with the Cedar Rapids Convention Center Parking Structure project. 0061-01-12, Amendment to Purchase Order in the amount of $17,184 with Ken-Way Excavating, Inc. for the 800 1st Avenue NW (EMERGENCY REPAIR) project (original purchase order amount was $45,601; total purchase order amount with this amendment is $62,785) (FLOOD). 0062-01-12, Amending Resolution No. 1316-09-11 by correcting the amended contract amount of Amendment No. 2 from $273,775.50 to $254,145 and authorizing execution of the revised Amendment No. 2 to the Professional Services Agreement with Solum Lang Architects, LLC, for architectural and engineering services in connection with the Five Season Bus Garage Replacement project (original contract amount was $196,305; total contract amount with this amendment is $254,145) (FLOOD). 0063-01-12, Change Order No. 3 in the amount of $58,318.06 with Pirc-Tobin Construction, Inc. for the Sidewalk, Street and Storm Sewer Intake Repair – FEMA Project #1 project (original contract amount was $1,096,327.75; total contract amount with this amendment is $1,156,900.79) (FLOOD). 0064-01-12, Change Order No. 1 in the amount of $26,204 with Vieth Construction Corporation for the Cedar River Sanitary Sewer Crossing Stabilization project (original contract amount was $170,410; total contract amount with this amendment is $196,614) (FLOOD). 0065-01-12, Change Order No. 3 in the amount of $5,626 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,503,436) (FLOOD). 0066-01-12, Professional Services Agreement with Solum Lang Architects, LLC for an amount not to exceed $727,356 for professional architectural and engineering services in connection with the Ground Transportation Center Bus Terminal Repair project (FLOOD). 0067-01-12, Agreement for Implementation of Federal Emergency Management Agency (FEMA) Funded Memorandum of Agreement (MOA) Activities with Cedar Valley Habitat for Humanity ReStore regarding the demolition of historic properties in Cedar Rapids (FLOOD). 0068-01-12, Agreement for Implementation of Federal Emergency Management Agency (FEMA) Funded Memorandum of Agreement (MOA) Activities with The Carl and Mary Koehler History Center regarding the demolition of historic properties in Cedar Rapids (FLOOD). 0069-01-12, awarding and approving the contract in the amount of $4,687,000, bond and insurance of Rinderknecht Associates, Inc. for Veterans Memorial Phase II Project (estimated cost is $6,400,000) (FLOOD). 0070-01-12, Professional Services Agreement with Terracon Consultants, Inc. for an amount not to exceed $37,930 for construction materials testing and inspection services for the Veterans Memorial Building Phase I project (FLOOD). 0071-01-12, Professional Services Agreement with Terracon Consultants, Inc. for an amount not to exceed $31,182 for construction materials testing and inspection services for the Veterans Memorial Building Phase II project (FLOOD). Motion setting a public hearing date for January 24, 2012 to consider a change of zone for property at 2635, 2637, 2645, and 2663 Mt. Vernon Road SE and 916 Norwood Drive SE from O-S, Office/Service Zone District, and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Kum & Go, L.C., Basil and Lynn Hadjis, DLB Properties, LLC, Todd M. and Jennifer L. Gordon, and Matthew J. Shea. 0072-01-12, Utilities Department purchase of outdoor lighting fixtures from Fletcher Reinhardt Company in the amount of $181,205.22. Report on bids for the Environmental Remediation and Demolition Services for Nuisance Structures for the remediation and demolition of 17 dilapidated properties deemed to be a public nuisance. (Jim Thatcher and Coe Molumby) D.W. Zinser Kelly Demolition Enviroworks Active Thermal Concepts Walford, IA Mt. Vernon, IA Omaha, NE Hiawatha, IA $129,997.00 $150,050.00 $155,062.10 $266,072.00 0073-01-12, awarding and approving contract for an amount not to exceed $129,997, bond and insurance of D.W. Zinser Company for the Environmental Remediation and Demolition Services for Nuisance Structures. Report on bids for the Environmental Remediation Services for Flood Damaged Commercial Structures (estimated cost is $200,516) (FLOOD). (John Riggs) Active Thermal Concepts Hiawatha, IA $202,394.60 Report on bids for the Demolition Services for Flood Damaged Structure-Time Check for demolition of one flood damaged building. (Doug Carper) D.W. Zinser Rathje Construction Enviroworks Kelly Demolition Active Thermal Concepts Ricklefs Excavating Walford, IA Marion, IA Omaha, NE Mt. Vernon, IA Hiawatha, IA Anamosa, IA $32,850.00 $48,900.00 $53,569.00 $88,750.37 $92,242.00 $128,900.00 0074-01-12, awarding and approving contract for an amount not to exceed $32,850, bond and insurance of D.W. Zinser Company for the Demolition Services for Flood Damaged Structure-Time Check (FLOOD). Report on bids for the Hawkeye Downs Road SW Culvert Replacement – Flood project. (Dave Wallace) Ricklefs Excavating, Anamosa, IA (withdrawn) Rathje Construction Co., Marion, IA Peterson Contractors, Inc., Reinbeck, IA Tschiggfrie Excavating Co., Dubuque, IA Dave Schmitt Construction, Cedar Rapids, IA Tricon General Construction, Dubuque, IA Pirc-Tobin Construction, Inc., Alburnett, IA Langman Construction, Inc., Rock Island, IL *$280,078.00 $357,566.60 $358,379.05 $380,598.30 $391,336.50 $398,238.00 $407,951.10 $429,867.50 0075-01-12, awarding and approving contract in the amount of $357,566.60 plus incentive up to $10,000, bond and insurance of Rathje Construction Company for the Hawkeye Downs Road SW Culvert Replacement – Flood project (estimated cost is $410,000) (FLOOD). Report on bids for the Veterans Memorial Controls Package project (estimated cost is $300,000) (FLOOD). (Mike Jager) CI3, Hiawatha, IA Halvorson Trane, Clive, IA $258,900.00 $219,250.00 Discussion regarding Item Number 39: Julie Sina Council member Karr moved to adopt Option 3 regarding the site selection of the NW Recreation Center directing staff to establish a new citizen’s committee to reopen the site selection process and analyze new potential sites for relocation of the Recreation Center; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Discussion regarding Item Number 40: Julie Sina 0076-01-12, authorizing the receipt of $100,000 from the John and Dyan Smith DonorAdvised Fund and execution of the Greater Cedar Rapids Community Foundation Grant Agreement for the Cedar Rapids Riverfront Amphitheater and Festival Park. Discussion regarding Item Number 41: Caleb Mason 0000-00-00, terminating the Agreement for Private Redevelopment with Green Development 12th Avenue, LLC for the redevelopment of City-owned commercial property in the Consolidated Central Urban Renewal Area (Riverside/Oak Hill Jackson) located at 629 12th Avenue SE (FLOOD). DIED FOR LACK OF A MOTION. RESOLUTION FAILED. Ordinance No. 001-12, being an Ordinance vacating public ways and grounds in and to the property described as a 1,806 square-foot parcel of right-of-way located in the alley between 1st Avenue and 2nd Avenue SE and between 3rd Street and 4th Street SE, as requested by the City of Cedar Rapids in connection with the Cedar Rapids Convention Complex Parking Structure, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Gulick. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 0077-01-12, establishing a Utility Easement over Plat of Survey No. 1726 Parcel A as requested by the City of Cedar Rapids in connection with the Cedar Rapids Convention Complex Parking Structure project. Ordinance No. 002-12, being an Ordinance granting a change of zone for property at 1056 and 1060 Center Point Road NE from C-1, Mixed Neighborhood Convenience Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by Kent Opperman, was presented and read the second time. Council member Swore moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 003-12, being an Ordinance amending Chapter 69 of the Municipal Code, Civil Rights Commission, adding coverage for gender identity under all areas (employment, housing, education, public accommodations, credit), adding familial and marital status to employment, education and public accommodations, and making changes to the design and construction requirements affecting places of public accommodations, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Gulick. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Public comments were heard. City Council communications were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 8:35 p.m. to meet Tuesday, January 24, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Cedar Rapids, Iowa, January 19, 2012; 4:30 p.m. City Council met in Special Session at the Kirkwood KTOS Center, 3375 Armar Drive, Room 126, Cedar Rapids, Iowa for a City Council Strategic Planning Session. Present, Mayor Corbett (left the meeting from 6:45 p.m. to 8:00 p.m.), Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz, City Attorney James Flitz, Assistant to the City Manager Sandi Fowler, Legislative Liaison Angie Charipar and facilitators Chris Scaffidi and Rosie DolanBaker of the Pacific Institute. Discussion was held in regard to Council goal setting. Council member Swore moved to amend the City’s Vision Statement to read “Cedar Rapids, a vibrant urban hometown – a beacon for people and businesses invested in building a greater community now and for the next generation;” seconded by Council member Poe. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore and Mayor Pro Tempore Vernon. Nay, Council member Shields. Absent (during vote), Mayor Corbett. Motion carried. Meeting adjourned at 9:40 p.m. Amy Stevenson, City Clerk MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA January 24, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett (left the meeting at 7:40 p.m. at which time Mayor Pro Tempore Vernon chaired the meeting), Council members Karr, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz (left the meeting at 6:00 p.m. at which time Casey Drew stepped in as Acting City Manager) and City Attorney James Flitz. Absent, Council members Gulick and Olson. The invocation was given by Council member Chuck Swore. Pledge of Allegiance Mayor Corbett and Council member Vernon presented a proclamation to Katie Johnson, Erin Gray, Amy McKelvy and James Klein declaring January 30 – February 3, 2012 as Junior Achievement Week. A presentation regarding the Entrepreneurial Development Center was given by Curt Nelson, Entrepreneurial Development Center. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider amending the Future Land Use Map in the City’s Comprehensive Plan from Office and Low Density Residential to Commercial for properties at 2635, 2637 and 2645 Mt. Vernon Road SE, 916 Norwood Drive SE and the southerly portion of the property located at 2663 Mt. Vernon Road SE requested by Kum & Go, L.C., Basil and Lynn Hadjis, DLB Properties, LLC, Todd M. and Jennifer L. Gordon and Matthew J. Shea. Comments and objections were heard. Written comments and objections were filed. Resolution amending the Future Land Use Map in the City’s Comprehensive Plan from Office and Low Density Residential to Commercial for properties at 2635, 2637 and 2645 Mt. Vernon Road SE, 916 Norwood Drive SE and the southerly portion of the property located at 2663 Mt. Vernon Road SE requested by Kum & Go, L.C., Basil and Lynn Hadjis, DLB Properties, LLC, Todd M. and Jennifer L. Gordon and Matthew J. Shea. DIED FOR LACK OF A MOTION- RESOLUTION FAILED. A public hearing was held to consider a change of zone for property at 2635, 2637, 2645 and 2663 Mt. Vernon Road SE and 916 Norwood Drive SE from O-S, Office/Service Zone District and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Kum & Go, L.C., Basil and Lynn Hadjis, DLB Properties, LLC, Todd M. and Jennifer L. Gordon and Matthew J. Shea. Comments and objections were heard during the previous public hearing for the future land use map amendment for this property. Written comments and objections were filed. Ordinance granting a change of zone for property at 2635, 2637, 2645 and 2663 Mt. Vernon Road SE and 916 Norwood Drive SE from O-S, Office/Service Zone District and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Kum & Go, L.C., Basil and Lynn Hadjis, DLB Properties, LLC, Todd M. and Jennifer L. Gordon and Matthew J. Shea. DIED FOR LACK OF A MOTION – ORDINANCE FAILED. A public hearing was held to consider the disposition of real property in the Consolidated Central Urban Renewal Area (Riverside/Oak Hill Sub-area) and invitation for redevelopment proposals for property located at 1115 C Street SW (a/k/a Riverside Park) (FLOOD). Comments and objections were heard. Written comments and objections were filed. A public hearing was held to consider the vacation and disposition of public ways and grounds in and to the property described as a 12,772 square-foot parcel of right-of-way and described as formerly-existing 7th Street NE between Dewey Avenue NE and D Avenue NE as requested by Cargill, Incorporated. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 12,772 square-foot parcel of right-of-way and described as formerly existing 7th Street NE between Dewey Avenue NE and D Avenue NE as requested by Cargill, Incorporated, was presented and read the first time. Council member Vernon 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 Karr. Ayes, Council members Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the disposition of public ways and grounds in and to the property described as a 9,568 square-foot parcel of vacated right-of-way located in formerly-existing 7th Street NE between C Avenue NE and Dewey Avenue NE as requested by Cargill, Incorporated. No comments or objections were heard or filed. 0078-01-12, authorizing the disposition of the property described as a 9,568 square-foot parcel of vacated right-of-way located in formerly existing 7th Street NE between C Avenue NE and Dewey Avenue NE and authorizing the execution of a Quit Claim Deed effectuating the conveyance as requested by Cargill, Incorporated. A public hearing was held to consider a change of zone for property west of C Avenue NE, south of East Main Street, north of Sheffield Drive NE from RMF-1, Multiple Family Residence Zone District and R-2, Single Family Residence Zone District to C-2, Community Commercial Zone District and C-1, Neighborhood Commercial Zone District as requested by Butschi Real Estate Company. Comments and objections were heard. Written comments and objections were filed. A public hearing was held to consider a change of zone of 57 City owned lots for the Single Family New Construction Program Round 3 (SFNC3) from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Multiple Family Residence Zone District; RMF-2, Multiple Family Residence Zone District; and C-2, Community Commercial Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids (FLOOD). No comments or objections were heard or filed. Ordinance No. 004-12, being an Ordinance granting a change of zone of 57 City owned lots for the Single Family New Construction Program Round 3 (SFNC3) from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Multiple Family Residence Zone District; RMF-2, Multiple Family Residence Zone District; and C-2, Community Commercial Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids, was presented and read the first time. Council member Shey moved the approval of the Ordinance on its first reading; seconded by Council member Karr. Approved, Ayes, Council members Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Shey moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its second and third readings; seconded by Council member Poe. Adopted, Ayes, Council members Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Mayor Corbett left the meeting at 7:40 p.m. The following resolutions were adopted with all Council members and Mayor Pro Tempore Vernon voting “Aye” unless noted. A public hearing was held to consider public comments regarding identification of community development needs, program funding for development of proposed activities and program performance for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs, prior to developing an Annual Action Plan for program year FY12 funding. No comments or objections were heard or filed. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project. No comments or objections were heard or filed. 0079-01-12, adopting plans, specifications, form of contract and estimated cost for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the NE Quad Water Main Replacement project (estimated cost is $503,000). No comments or objections were heard or filed. 0080-01-12, adopting plans, specifications, form of contract and estimated cost for the NE Quad Water Main Replacement project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Diesel Generator Emissions Standards Compliance project (estimated cost is $493,000). No comments or objections were heard or filed. 0081-01-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Diesel Generator Emissions Standards Compliance project. No comments or objections were heard or filed. Public comments were heard. Council member Karr moved to approve the Agenda; seconded by Council member Poe. Acting City Manager Drew requested Item Number 17 (Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 14, 2012 and advertising for bids by publishing notice to bidders for the WPCF Roughing Filter Dome #3 Replacement and Corrosion Repair project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on February 29, 2012) be amended to reflect the correct project name and Item Number 33 (Resolution authorizing the formation of a Design Review Technical Advisory Committee to provide comments and perform community outreach for multi-family and commercial building permits and land development applications within the Czech Bohemia Overlay District) be removed from the agenda. Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried as amended. Council member Shey moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. February 14, 2012 – to consider an Ordinance amending multiple chapters of the Cedar Rapids Municipal Code pertaining to public health regulations enforced on behalf of the City of Cedar Rapids by the Linn County Health Department pursuant to Iowa Code Chapter 28E. b. February 14, 2012 – to consider a change of zone for property east of 26th Street SW and south of the Union Pacific Railroad from A, Agriculture Zone District to I1, Light Industrial Zone District as requested by Lehman, Allsop & Evans LLC for property owned by Cedar Rapids & Iowa City Railway Company. c. February 14, 2012 – to consider amending Ordinance No. 058-11 which rezoned property at 4201 Beverly Road SW as requested by James and Amber Dostal to delete condition #1. d. March 27, 2012 – to consider the Section 8 Housing Choice Voucher (HCV) Program Public Housing Agency (PHA) Annual Plan and amendments to the PHA Administrative Plan, including the Family Self-Sufficiency Action Plan and the Homeownership Option Plan. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 14, 2012 and advertising for bids by publishing notice to bidders for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project and authorizing the City Engineer, or designee, to receive and open the bids and publicly announce the results on February 15, 2012 (estimated cost is $920,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 14, 2012 and adverstising for bids by publishing notice to bidders for the 10th Street SE from 1st Avenue E to 4th Avenue SE Improvements project and authorizing the City Engineer, or designee, to receive and open the bids and publicly announce the results on February 22, 2012 (esimated cost is $2,860,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 14, 2012 and advertising for bids by publishing notice to bidders for the 2012 Horizontal Collector Well No. 6 Caisson & Laterals project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on February 29, 2012 (estimated cost is $1,900,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 14, 2012 and advertising for bids by publishing notice to bidders for the WPCF Roughing Filter #3 Dome Replacement and Concrete Repair project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on February 29, 2012 (estimated cost is $1,896,000). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for February 14, 2012 and advertising for bids by publishing notice to bidders for the Environmental Remediation Services for Flood Damaged Commercial Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on February 15, 2012 (estimated cost is $840,000). Motion assessing a $500 civil penalty for violation of State Code regarding the sale of alcohol to minors against Chappy’s Safari Lounge, 229 16th Avenue SE. Motion amending the City’s Vision Statement to read “Cedar Rapids, a vibrant urban hometown – a beacon for people and businesses invested in building a greater community now and for the next generation.” Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w. BBQ This, 560 Boyson Road NE, Suite 1 (new ownership); Cedar Rapids Piano Lounge, 208 2nd Avenue SE (new ownership); Chrome Horse Slop House & Saloon, 1202 3rd Street SE; Clarion Hotel and Convention Center, 525 33rd Avenue SW; Club Basix, 3916 1st Avenue NE (new ownership); Downtown Fieldhouse, 401 1st Street SE; Flamingo Family Restaurant, 1211 Ellis Boulevard NW; Hawkeye Convenience Store – Noelridge, 1120 Old Marion Road NE; Hy-Vee Food Store #7, 5050 Edgewood Road NE; Irish Democrat, 3207 1st Avenue SE; Kwik Shop #560, 3301 J Street SW (new - changing to Class E - Liquor); Kwik Shop #561, 2904 Center Point Road NE (new - changing to Class E Liquor); Kwik Shop #563, 1001 1st Avenue SW (new- changing to Class E-Liquor); Kwik Shop #565, 4201 Center Point Road NE (new - changing to Class E Liquor); Londoner, 3325 Center Point Road NE; May City Bowl, 1648 Trent Street SW; Osaka Japanese Steak House & Sushi Bar, 5001 1st Avenue SE, Suite 104; Silver Star Saloon, 2665 Edgewood Parkway #104 (new ownership); Sip N Stir, 1119 1st Avenue SE; St. Matthew’s Church, 2310 1st Avenue NE (5-day Class C for an event at Regis Middle School on February 18, 2012); Tomaso’s Pizza, 3234 Center Point Road NE; Viking Lounge, 1971 16th Avenue SW; Vineria Wine Shop, 264 Blairs Ferry Road NE. 0082-01-12, approving payment of bills. 0083-01-12, approving payroll. 0084-01-12, appointing Melissa White (effective through June 30, 2012) and reappointing Brenda Blevins, Leland Freie, Marcia Harris and Martin Hoeger (effective through June 30, 2012) to the Grants & Programs Citizens Advisory Committee. 0085-01-12, adjusting the City Attorney position grade from 23 to 24 and placing James Flitz at step 14 of grade 24. 0086-01-12, intent to assess for Solid Waste & Recycling clean up costs at 3 properties. 0087-01-12, intent to assess for Utilities – Water Division delinquent municipal utility bills at 25 properties. 0088-01-12, levying assessment for Utilities – Water Division delinquent municipal utility bills at 18 properties. 0089-01-12, levying assessment for Public Works delinquent weed mowing charges at 134 properties. 0090-01-12, accepting sanitary sewer improvements in Sugar Creek First Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $197,042. 0091-01-12, accepting storm sewer in Sugar Creek First Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $261,366. 0092-01-12, accepting Asphalt Cement Concrete in Sugar Creek First Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $4,087. 0093-01-12, accepting Portland Cement Concrete in Sugar Creek First Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $152,000. 0094-01-12, accepting sanitary sewer in Westwind Sixth Addition and approving 2-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $35,895. 0095-01-12, accepting storm sewer in Westwind Creek Sixth Addition and approving 2year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $54,908.25. 0096-01-12, accepting Portland Cement Concrete in Westwind Creek Sixth Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $65,000. 0097-01-12, accepting sanitary sewer in Ridgewood Meadows 10th Addition and approving 2-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $19,154. 0098-01-12, accepting storm sewer in Ridgewood Meadows 10th Addition and approving 2-year Maintenance Bond submitted by Rathje Construction Co., Inc. in the amount of $59,174. 0099-01-12, accepting Portland Cement Concrete in Ridgewood Meadows 10th Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $74,000. 0100-01-12, accepting the Edgewood Road SW Bridge Over Union Pacific Railroad and Prairie Creek project, approving Performance Bond and authorizing final payment in the amount of $30,000 to Iowa Bridge & Culvert, LC (original contract amount was $3,845,424.58; final contract amount is $3,874,755.94). 0101-01-12, accepting the Veterans Memorial Stadium Repairs project, approving Performance Bond and authorizing final payment in the amount of $4,998 to Vector Construction, Inc. (original contract amount was $98,325; final contract amount is $99,959.85). 0102-01-12, accepting the 18th Street SW, North of 33rd Avenue SW Wetland Mitigation project, approving Performance Bond and authorizing final payment in the amount of $2,744.44 to Gee Grading & Excavating, Inc. (original contract amount was $55,444; final contract amount is $54,888.80). 0103-01-12, accepting the 2011 Detention Basin Repair Program No. 1 project, approving Performance Bond and authorizing final payment in the amount of $4,039.20 to Gee Grading & Excavating, Inc. (original contract amount was $88,190.80; final contract amount is $80,783.98). 0104-01-12, accepting the 2nd Avenue SE Water Main Relocation & Sanitary Sewer Manhole Reconstruction project and approving Performance Bond with Dave Schmitt Construction Company, Inc. (original contract amount was $54,989; final contract amount is $74,499). 0105-01-12, accepting the Flood Damaged Structures project, approving Performance Bond and authorizing final payment in the amount of $21,436.43 to Kelly Demolition, LLC (original contract amount was $439,966.50; final contract amount is $428,729.27) (FLOOD). 0106-01-12, authorizng execution of Amendment No. 4 to reflect increased demolition debris in the amount of $37,542.47 for the Demolition for Flood Damaged Structures project, accepting project, approving Performance Bond and authorizing issuance of final payment in the amount of $26,440.09 to Kelly Demolition, LLC (original contract amount was $491,239; final contract amount with this amendment is $528,781.47) (FLOOD). 0107-01-12, authorizing execution of Amendment No. 4 to reflect increased demolition debris in the amount of $60,191.97 for the Demolition for Flood Damaged Structures project, accepting project, approving Performance Bond and authorizing issuance of final payment in the amount of $21,233.90 to D.W. Zinser Company (original contract amount was $107,150; final contract amount with this amendment is $424,677.97) (FLOOD). 0108-01-12, authorizing execution of Amendment No. 5 to reflect increased demolition debris in the amount of $6,207.51 for the Demolition for Flood Damaged Structures project, accepting project, approving Performance Bond and authorizing issuance of final payment in the amount of $31,744.31 to BWC Excavating, LC (original contract amount was $630,943.65; final contract amount is $637,151.16) (FLOOD). 0109-01-12, approving the Final Plat of Holley’s First Addition located on both sides of Ely Road, north of 76th Avenue and Prairie School Road. 0110-01-12, approving a request from Abode Construction, Inc. to divide preliminary assessments for 31 lots to modify how preliminary assessments are distributed in Crescent View First Addition in connection with the 74th Street NE from West Park Road to 500-feet West of White Ivy Place Reconstruction project. 0111-01-12, authorizing a refund in the amount of $837.68 from the Cedar Rapids and Iowa City (CRANDIC) Railway Company for overpayment on the completed surface repair of the railroad crossing on 3rd Street SW. 0112-01-12, releasing the requirement to install concrete sidewalk along 28th Street NW and Dennis Drive NW adjoining Lot C, Ma & Pa’s First Addition, prior to issuance of Certificate of Occupancy for Lot 7, Ma & Pa’s First Addition (2801 Dennis Drive NW). 0113-01-12, accepting the Affidavit for Service Line Reimbursement from Amy J. Sturms, owner of the property at 1520 8th Avenue SE, agreeing to reimburse the City on a monthly installment basis for the replacement of water service line. 0114-01-12, appointing 8 individuals to the NW Recreation Center Site Selection Task Force (FLOOD). 0115-01-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for 2 properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0116-01-12, approving the administrative plan for Phase Two of the Third Round of the Single Family New Construction Program, locally known as the “ROOTs” program (FLOOD). 0117-01-12, agreement for option to purchase with Cedar Rapids Rose Homes, LP, for disposition of 35 city-owned parcels in support of the development of 38 new rent-to-own homes as requested by Hatch Development Group, LLC (FLOOD). 0118-01-12, negotiation of a Development Agreement with Cedar Rapids Rose Homes, LP, for provision of city financial assistance of $575,000 as a 15 year deferred payment loan in support of the development of 38 new rent-to-own homes as requested by Hatch Development Group, LLC (FLOOD). 0119-01-12, Amendment No. 2 to renew Agreement for Traffic Signal Equipment with Brown Traffic Products, Inc. for the Traffic Engineering Division for a total annual amount not to exceed $280,000 (original contract amount was $45,000, renewal contract amount is $280,000). 0120-01-12, Amendment No. 1 to an agreement to conduct a financial “stress test” to the hotel financial pro forma with CCG Holdings LLC, a representative firm for HVS Global Hospitality Services, for an amount not to exceed $1,500 (original contract amount was $23,500; total contract amount with this amendment is $25,000). 0121-01-12, Amendment No. 3 to the Professional Services Agreement with Snyder & Associates, Inc. specifying an increase for an amount not to exceed $71,620 for water main design and easement acquisition services in connection with the Bever Avenue SE Rehabilitation project (original contract amount was $120,721; total contract amount with this amendment is $296,311). 0122-01-12, Amendment No. 5 to the Professional Services Agreement with OPN Architects, LLC specifying an increase for an amount not to exceed $17,165 to provide additional design and construction administration services for the 1st Avenue skywalk connection with the Cedar Rapids Convention Complex project (original contract amount was $3,780,000; total contract amount with this amendment is $4,135,635). 0123-01-12, Amendment No. 2 to renew Agreement for Material Testing Services with Terracon Consultants, Inc. for the Public Works Department, Engineering Division for an estimated annual amount of $35,000 (original contract amount was $30,000; renewal contract amount is $35,000). 0124-01-12, Change Order No. 5 in the amount of $4,787.96 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $5,952,744.99). 0125-01-12, Change Order No. 1 specifying an increase in the amount of $79,936.28 with Tricon General Construction for the Ash Lagoon Liner project (original contract amount was $913,604.20; total contract amount with this amendment is $993,540.48). 0126-01-12, payment in the amount of $25,000 for invoiced construction activities on the Five Seasons Plaza (Tree of Five Seasons) during the Fall of 2011 to Ryan Companies US, Inc. 0127-01-12, Grant Agreement to receive $222,392 from the Iowa Department of Natural Resources Resource Enhancement and Protection Fund (REAP) for the development of the Cedar Rapids Riverfront Amphitheater and Festival Park. 0128-01-12, Agreement for Inductively Coupled Plasma Mass Spectrometer System for the Utilities Department with Thermo Electron North America LLC for a total amount of $135,294.65. 0129-01-12, Agreement with Union Pacific Railroad in the amount of $41,155 for improvements to existing public road at grade crossing for F Avenue NW in connection with the E Avenue NW from 13th Street Storm Sewer, Water Main and Street Improvements project. 0130-01-12, Agreement for Private Redevelopment with Raining Rose, Inc. for construction of a new manufacturing facility at 100 30th Street Drive SE. 0131-01-12, Development Agreement with Colony Heating and Air Conditioning for the rehabilitation of 922 F Avenue NW through the Residential Property Disposition Program. 0132-01-12, Warranty Deed for the consideration of $1 and other valuable consideration submitted by Theisen Real Estate, L.L.C., an Iowa Limited Liability Company, for additional right-of-way on Center Point Road NE in connection with the Theisen’s store located at 1800 51st Street NE. 0133-01-12, Warranty Deed for the consideration of $1 and other valuable consideration submitted by Theisen Real Estate, L.L.C., an Iowa Limited Liability Company, for additional right-of-way on 51st Street NE in connection with the Theisen’s store located at 1800 51st Street NE. 0134-01-12, Warranty Deed from Nordstrom Oil Company for the consideration of $1 and other valuable consideration for right-of-way; and accepting an Easement for Storm Sewer, an Easement for Public Storm Sewer and Drainage and an Easement for Public Sidewalk for land located at 560 33rd Avenue SW in connection with the 33rd Avenue SW Sonic Drive-In. 0135-01-12, Professional Services Agreement with OPN Architects, Inc. for an amount not to exceed $590,000 for architectural and engineering design services in connection with the New Multilevel Parking Ramp (at 7th Avenue and 2nd Street SE) project. 0136-01-12, Agreement for Liquid Oxygen with Airgas for the Water Pollution Control Facility for an amount not to exceed $100,000. 0137-01-12, Agreement for Turf Care Products for the Golf and Parks Divisions with D & K Products for a total annual amount not to exceed $60,000. 0138-01-12, Letter of Agreement with Linn County Public Health for temporary location of air monitoring equipment on City-owned property at 402 H Avenue NW acquired through the Voluntary Property Acquisition Program. 0139-01-12, Amendment No. 2 to Demolition Services for Flood Damaged Structures to reflect additional estimated quantities for an amount not to exceed $155,659.74 (original contract amount was $462,400; total amount with this amendment is $618,119.74) (FLOOD). 0140-01-12, Amendment to Purchase Order No. 23860 in the amount of $8,483.06 with Dolan Excavating, LLC for the 10th Avenue SW Sanitary Sewer Replacement project (original purchase order amount was $59,565; total amount with this amendment is $55,130.49) (FLOOD). 0141-01-12, Amendment No. 4 to the Professional Services Agreement with Ryan Companies US, Inc. specifying an increase for an amount not to exceed $92,342 for construction management services in connection with the new Cedar Rapids Public Library project (original contract amount was $2,059,574; total contract amount with this amendment is $2,151,916) (FLOOD). 0142-01-12, Amendment No. 1 to Environmental Remediation Services for Flood Damaged Structures - Brosh with Active Thermal Concepts, Inc. to reflect an increase in the scope of work for an amount not to exceed $34,553 (original contract amount was $7,722; total amount with this amendment is $42,275) (FLOOD). 0143-01-12, amending Resolution No. 0977-07-11 to revise the not to exceed amount from $50,537 to $50,941 to match the amount of the signed Professional Services Agreement with Terracon Consultants, Inc. in connection with the Paramount Theatre Flood Recovery & Renovation project (FLOOD). 0144-01-12, awarding and approving contract in the amount of $219,250, bond and insurance of Halverson Trane Services for Veterans Memorial Controls Package project (estimated cost is $300,000) (FLOOD). 0145-01-12, Letter of Agreement with Guaranteed On Site to provide stage curtain removal, cleaning, storage and reinstallation for the Veterans Memorial Stage Curtains project for an amount not to exceed $34,118 (FLOOD). 0146-01-12, rejecting the sole bid from Active Thermal Concepts, Inc. for Environmental Remediation Services for Commercial Flood Damaged Structures (FLOOD). 0147-01-12, Memorandum of Agreement (MOA) with Federal Emergency Management Agency (FEMA), Iowa Homeland Security and Emergency Management Division (IHSEMD) and State Historical Preservation Office (SHPO) regarding the demolition of historic properties and construction of the Cedar Rapids Central Fire Station (FLOOD). 0148-01-12, rescinding Resolution No. 1079-08-11 which adopted a Development Agreement with Affordable Housing Network, Inc. for the rehabilitation of 512 8th Street NW through the Residential Property Disposition Program (FLOOD). 0149-01-12, Memorandum of Agreement (MOA) with Federal Emergency Management Agency (FEMA), Iowa Homeland Security and Emergency Management Division (IHSEMD) and State Historical Preservation Office (SHPO) regarding the demolition of historic properties at the former Sinclair Site located at 1600 3rd Street SE (FLOOD). 0150-01-12, Development Agreement with Stark Real Estate Holdings, Inc. for the disposition and redevelopment of City-owned commercial property located at 1132 and 1126 Ellis Boulevard NW, the former A&W Restaurant site and adjacent vacant lot respectively, acquired through the City’s Voluntary Property Acquisition Program (FLOOD) Report on bids for the 1st Street SW Outdoor Amphitheater & Festival Grounds project (estimated cost is $4,900,000). (Doug Carper) *Knutson Construction, Iowa City, IA Base Bid $5,414,877.00 Alternate #1 (31,770.00) Alternate #2 282,020.00 Alternate #3 121,104.00 Miron Construction Co., Inc., Cedar Rapids, IA Base Bid $5,884,203.69 Alternate #1 (42,921.27) Alternate #2 174,315.50 Alternate #3 131,126.40 Tricon General Construction, Dubuque, IA Base Bid $6,100,276.00 Alternate #1 (28,593.00) Alternate #2 221,250.00 Alternate #3 130,500.00 *Knutson Construction’s bid was deemed unresponsive during review process. 0151-01-12, rejecting bids for the 1st Street SW Outdoor Amphitheater & Festival Grounds project (estimated cost is $4,900,000). Council member Shey was absent for this vote. Report on bids for the Indian Creek Trunk Sanitary Sewer – Segment 1 and Main Interceptor Sanitary Sewer Manhole 21 Rehabilitation project (estimated cost is $278,000). (Dave Wallace) No bids were received. Report on bids for the FEMA Detention Basins Repairs project (estimated cost is $170,000). (Dave Wallace) Connolly Construction, Inc., Peosta, IA Vieth Construction Corporation, Cedar Falls, IA $129,850.10 $131,869.50 Gee Grading & Excavating, Inc., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA Peterson Contractors, Inc., Reinbeck, IA Rathje Construction Co., Marion, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Pirc-Tobin Construction, Inc., Alburnett, IA $146,894.50 $147,548.75 $148,815.05 $148,029.75 $165,934.90 $169,411.00 0152-01-12, awarding and approving contract in the amount of $129,850.10 plus incentive up to $8,000, bond and insurance of Connolly Construction, Inc. (FLOOD). Council member Shey was absent for this vote. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create a Czech Bohemia Overlay District with design standards and guidelines applicable to new multi-family and commercial development applications and building permits within the Overlay District, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 388 square-foot parcel of existing City right-of-way located at 3303 Remington Street SW as requested by Robert L. and Christina M. Slagle, was presented and read a second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 4,821 square-foot parcel of right-of-way located in the formerlyexisting alley between 16th Avenue SW and 18th Avenue SW and west of 9th Street SW as requested by the Cedar Rapids Community School District, was presented and read a second time. Council member Swore moved the approval of the Ordinance on its second reading; seconded by Council member Shields. Approved, Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Public comments were heard. City Council communications were heard. Council member Poe moved to adjourn; seconded by Council member Karr. Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. City Council adjourned at 8:04 p.m. to meet Tuesday, February 14, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Council member Gulick Absent, Council member Olson Cedar Rapids, Iowa, February 7, 2012, 4:00 p.m. City Council met for a Budget Work Session in City Hall, 3851 River Ridge Drive NE, North Conference Room. Present, Mayor Corbett, Council members Gulick, Poe, Shey, Shields, Swore, and Vernon. Also present were City Manager Jeff Pomeranz, Finance Director Casey Drew and Budget Manager Heidi Stiffler. Absent, Council members Don Karr and Scott Olson. Budget Overviews of the following Departments and Commissions were presented to the City Council by City Manager Jeff Pomeranz: Library, Veterans Memorial, Civil Rights, City Attorney, City Clerk, Mayor and City Council, City Manager, Code Enforcement Division, Community Development, Facility Maintenance, Finance, Fire, Fleet Maintenance, Golf, Human Resources, Information Technology, Joint Communications, Parking, Parks & Recreation, Police, Public Works, Sewer, Solid Waste & Recycling, Transit, Water and Water Pollution Control. Budget overviews of the following areas were also presented by City Manager Jeff Pomeranz: Contingent Fund, Convention Center, Gateway Maintenance, Downtown District, Capital Replacement, Band, Pooled Revenues, Dam Operations, Risk Management, Capital Improvement Projects and Department funding requests not included in FY13 budget. Council adjourned at 8:05 p.m. Alissa Kaiser, Deputy City Clerk MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA February 14, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shields, Swore and Vernon. Also present were Acting City Manager Casey Drew and City Attorney James Flitz. Absent, Council member Shey. The invocation was given by Police Chaplain Rick Gail. Pledge of Allegiance A presentation regarding Trees Forever “We Dig Your District” Update was given by Anna Darling, Alliant Energy and Karen Brook, Trees Forever. A Flood Recovery Update was given by Joe O’Hern. A presentation regarding the Fiscal Year 2011 Annual Audit was given by Michelle Horaney, McGladrey and Pullen and Regina Anderson. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider amending Ordinance Nos. 079-00 and 013-11 to correct the legal descriptions of three sub-areas, Riverside/Oakhill, Mid-town and Coe/Mt. Vernon, within the Consolidated Central Urban Renewal Area. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Ordinance Nos. 079-00 and 013-11 to correct the legal descriptions of three sub-areas, Riverside/Oakhill, Mid-town and Coe/Mt. Vernon, within the Consolidated Central Urban Renewal Area, was presented and read the first time. Council member Vernon 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 Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Ordinance No. 043-11 to correct the legal description of property to be included in the Raining Rose Urban Renewal Area. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Ordinance No. 043-11 to correct the legal description of property to be included in the Raining Rose Urban Renewal Area, was presented and read the first time. Council member Vernon 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider an Ordinance amending multiple chapters of the Cedar Rapids Municipal Code pertaining to public health regulations enforced on behalf of the City of Cedar Rapids by the Linn County Public Health Department pursuant to Iowa Code Chapter 28E. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending multiple chapters of the Cedar Rapids Municipal Code pertaining to public health regulations enforced on behalf of the City of Cedar Rapids by the Linn County Public Health Department pursuant to Iowa Code Chapter 28E, was presented and read the first time. Council member Vernon 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property east of 26th Street SW and south of the Union Pacific Railroad from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Lehman, Allsop & Evans LLC and Cedar Rapids & Iowa City Railway Company (CRANDIC). No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property east of 26th Street SW and south of the Union Pacific Railroad from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Lehman, Allsop & Evans LLC and Cedar Rapids & Iowa City Railway Company (CRANDIC), was presented and read the first time. Council member Karr 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 Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Ordinance No. 058-11 which rezoned property at 4201 Beverly Road SW as requested by James and Amber Dostal to delete condition No. 1 regarding access to Beverly Road SW and Pro Farmer Road SW. No comments or objections were heard or filed. Ordinance No. 005-12, being an Ordinance amending Ordinance No. 058-11 which rezoned property at 4201 Beverly Road SW as requested by James and Amber Dostal to delete condition No. 1 regarding access to Beverly Road SW and Pro Farmer Road SW, was presented and read the first time. Council member Vernon moved the approval of the Ordinance on its first reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its second and third readings; seconded by Council member Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project (estimated cost is $920,000). No comments or objections were heard or filed. 0153-02-12, adopting plans, specifications, form of contract and estimated cost for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 10th Street SE from 1st Avenue E to 4th Avenue SE Improvements project (estimated cost is $2,860,000). No comments or objections were heard or filed. 0154-02-12, adopting plans, specifications, form of contract and estimated cost for the 10th Street SE from 1st Avenue E to 4th Avenue SE Improvements project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2012 Horizontal Collector Well No. 6 Caisson & Laterals project (estimated cost is $1,900,000). No comments or objections were heard or filed. 0155-02-12. adopting plans, specifications, form of contract and estimated cost for the 2012 Horizontal Collector Well No. 6 Caisson & Laterals project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the WPCF Roughing Filter #3 Dome Replacement and Concrete Repair project (estimated cost is $1,896,000). No comments or objections were heard or filed. 0156-02-12, adopting plans, specifications, form of contract and estimated cost for the WPCF Roughing Filter #3 Dome Replacement and Concrete Repair project. A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Commercial Structures (estimated cost is $840,000). No comments or objections were heard or filed. 0157-02-12, adopting specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Commercial Structures (FLOOD). Public comments were heard. Council member Olson moved to approve the Agenda; seconded by Council member Vernon. Acting City Manager Drew requested Item Number 32 (Resolution authorizing the formation of a Design Review Technical Advisory Committee to provide comments and perform community outreach for multi-family and commercial building permits and land development applications within the Czech Bohemia Overlay District) and Item Number 40t (Agreement for miscellaneous painting services with CertaPro Painters for the Water Pollution Control Facility for an amount not to exceed $80,000) be removed from the agenda. Council member Karr requested Item Number 38 (Resolution of commitment to secure bridge loans for Sykora Bakery and Business Solutions Group for an amount not to exceed $89,100 with Community Disaster Grant funds allocated for Business Gaps) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Olson moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. February 28, 2012 – to consider an Overhead Electric Line Easement Agreement with ITC Midwest LLC, a Michigan limited liability company (ITC), for property located on City-owned land south of the intersection of Hull Avenue and 10th Street SE (formerly known as the RESCAR site) in connection with Alliant Energy’s Cedar Rapids River Run Substation project; b. February 28, 2012 – to consider an Overhead Electric Line Easement Agreement with ITC Midwest LLC, a Michigan limited liability company (ITC), for property located on City-owned land between 16th Avenue and 15th Avenue SE and between 510 16th Avenue and 902 16th Avenue SE (also known as Sinclair Park) in connection with ITC’s Prairie Creek Transmission Line project; c. February 28, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, updating various sections for clarification; d. February 28, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update parking requirements; e. February 28, 2012 – to consider the disposition of 35 City-owned parcels acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area and the Consolidated Central Urban Renewal Area for Cedar Rapids Rose Homes, LP as requested by Hatch Development Group, LLC; f. February 28, 2012 – to consider a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District to C-1, Mixed Neighborhood Convenience Zone District and RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company; g. March 13, 2012 – to consider the fiscal year 2013 annual budget. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the C Avenue NE Water Main Replacement – 32nd Street NE to 40th Street NE project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on March 7, 2012 (estimated cost is $465,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on March 14, 2012 (estimated cost is $560,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the Northwest Quadrant Water Main Replacements Waveland Drive NW & Hillside Drive NW project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on March 14, 2012 (estimated cost is $550,000). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Commercial Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on February 29, 2012 (estimated cost is $855,000) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Commercial Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on February 29, 2012 (estimated cost is $320,000) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Residential Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on February 29, 2012 (estimated cost is $655,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for February 28, 2012 and advertising for bids by publishing notice to bidders for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on March 7, 2012 (estimated cost is $980,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. Bushwood Sports Bar & Grill, 350 Edgewood Road NW; b. Club CO2, 616 2nd Avenue SE (new-formerly Toxic); c. Dublin City Pub, 415 1st Street SE (outdoor service for an event on March 17-18, 2012); d. Downtown Drug, 207 2nd Avenue SE (new-switching to Class C Beer Permit) e. Fieldhouse Downtown, 401 1st Street SE (outdoor service for an event on March 17-18, 2012); f. JM O’Malley’s, 1502 H Avenue NE (outdoor service for events on March 8 -11, 2012 and March 17-18, 2012); g. Meadowridge Golf Driving Range, 6677 16th Avenue SW (new-8 month seasonal license); h. Moose McDuffy’s, 834 1st Avenue NE (outdoor service for an event on March 1618, 2012); i. Paddy O’Rourke’s, 608 16th Street NE (outdoor service for events on March 10 11, 2012 and March 16-18, 2012); j. Panchero’s Mexican Grill, 4701 1st Avenue SE Suite #1; k. Park Town BP, 4141 Center Point Rd NE (new-switching to Class C Beer Permit); l. Road Ranger #147, 1430 1st Avenue NE; m. Road Ranger #148, 550 Wilson Avenue SW; n. Road Ranger #149, 2349 Blairs Ferry Road NE; o. Road Ranger #150, 3330 16th Avenue SW; p. Road Ranger #151, 380 Blairs Ferry Road NE; q. St Andrew’s Golf Club, 1866 Blairs Ferry Road NE; r. Sushi House, 2665 Edgewood Pkwy, Suite #100; s. Target Store T-1771, 1030 Blairs Ferry Road NE; t. Ting’s Red Lantern, 540 Boyson Road NE; u. Zins at Theatre Cedar Rapids, 102 3rd Street SE. 0158-02-12, approving payment of bills. 0159-02-12, approving payroll. 0160-02-12, approving transfer of funds. 0161-02-12, extending a vote of thanks to Danielle Rodriguez for serving on the Grants & Programs Citizens Advisory Committee. 0162-02-12, approving the Run the Flood non-competitive 7-Mile Run/Walk and 5K Run/Walk event on June 9, 2012. 0163-02-12, approving the Live Healthy Linn 5K Fun Run/Walk on April 7, 2012. 0164-02-12, levying assessment for Solid Waste & Recycling clean up costs at 6 properties. 0165-02-12, intent to assess for Utilities – Water Division delinquent municipal utility bills at 24 properties. 0166-02-12, levying assessment for Public Works delinquent weed mowing charges at 98 properties. 0167-02-12, accepting Sanitary Sewer in Stoney Point Heights Seventeenth Addition and approving 2-year Maintenance Bond submitted by Schrader Excavating & Grading Co., Inc. in the amount of $24,213. 0168-02-12, accepting Sanitary Sewer in Country Ridge Second Addition and approving 2-year Maintenance Bond submitted by Bowker Mechanical Contractors LLC in the amount of $83,799. 0169-02-12, accepting Storm Sewer in Country Ridge Second Addition and approving 2year Maintenance Bond submitted by Bowker Mechanical Contractors LLC in the amount of $78,934. 0170-02-12, accepting Portland Cement Concrete paving in Country Ridge Second Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $40,000. 0171-02-12, accepting Flood Valve Replacement Program – Phase 1 project, accepting project and approving Performance Bond with Borst Brothers Construction, Inc. (original contract amount was $27,375; final contract amount is $46,728.50). 0172-02-12, accepting the O Avenue NW West of 24th Street Storm Sewer Improvements project and approving Performance Bond with Rathje Construction Company (original contract amount was $44,048; final contract amount is $44,932.64). 0173-02-12, accepting the 38th Street NE Sidewalks from E Avenue to C Avenue (Both Sides) and from C Avenue to B Avenue (North Side) project and authorizing final payment in the amount of $2,711.49 to Rathje Construction Company (original contract amount was $81,203.50; final contract amount is $90,383.01). 0174-02-12, accepting the Council Street NE from Bridge over Dry Creek to 74th Street NE and Boyson Road NE from Inwood Court NE to Walden Road NE Reconstruction and Widening project and authorizing final payment in the amount of $30,000 to Rathje Construction Company (original contract amount was $4,438,396.64; final contract amount is $4,390,924.51). 0175-02-12, accepting the 10th Avenue SW Sanitary Sewer Replacement project and approving Performance Bond with Dolan Excavating, LLC (original contract amount was $56,065; final contract amount is $55,130.49) (FLOOD). 0176-02-12, accepting Temporary HVAC Equipment at the Paramount Theatre and authorizing final payment in the amount of $13,046 to Modern Piping, Inc. (original contract amount was $259,900; final contract amount is $260,932) (FLOOD). Abstain, Council member Swore. 0177-02-12, rescinding the “2-Hour parking” zones and establishing new “No Parking Anytime” and “2-Hour parking 8:00 a.m. to 5:00 p.m.” zones on the east and west sides of 2nd Street SE in the 800 block. 0178-02-12, adopting the revised Sidewalk Installation Policy for new development and redevelopment sites. 0179-02-12, approving the installation of stop signs on both approaches of 5th Street SE at 10th Avenue SE, requiring all traffic on 5th Street SE to stop for traffic on 10th Avenue SE. 0180-02-12, amending Resolution No. 1056-08-11 to correct the legal description of property to be included in the Raining Rose Urban Renewal Area Plan. 0181-02-12, amending Resolution No. 0107-02-11 to correct the legal description within the Amended and Restated Urban Renewal Area Plan for the Consolidated Central Urban Renewal Area. 0182-02-12, authorizing the abatement and demolition of two commercial parcels under the Community Development Block Grant Program (CDBG) (FLOOD). 0183-02-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for four properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0184-02-12, permitting the registration of parcels after the program deadline for the voluntary property acquisition program funded under the Iowa Economic Development Authority’s (IEDA) Community Development Block Grant (CDBG) (FLOOD). 0185-02-12, adopting the Disposition Process for City-Acquired Flood-Damaged Properties (FLOOD). 0186-02-12, concluding the Jumpstart Interim Mortgage Assistance Program effective April 30, 2012 (FLOOD). 0187-02-12, Development Agreement and Special Warranty Deed for Cedar Ridge Homes for property located at 1309 3rd Street SW (FLOOD). 0188-02-12, Development Agreement and Special Warranty Deed for Cedar Ridge Homes for property located at 917 9th Street SW (FLOOD). 0189-02-12, Development Agreement and Special Warranty Deed for Matthew 25 Ministry Hub for property located at 619 H Avenue NW (FLOOD). 0190-02-12, Development Agreement and Special Warranty Deed for Matthew 25 Ministry Hub for property located at 615 H Avenue NW (FLOOD). 0191-02-12, Development Agreement and Special Warranty Deed for S & J Homes for property located at 313 9th Street NW (FLOOD). 0192-02-12, Development Agreement and Special Warranty Deed for SJE, Ltd. for property located at 1632 8th Street NW (FLOOD). 0193-02-12, Development Agreement and Special Warranty Deed for Skogman Homes for property located at 1123 10th Street NW (FLOOD). 0194-02-12, Amendment No. 6 to the Professional Services Agreement with OPN Architects, Inc. specifying an increased amount not to exceed $96,541 to provide cost saving design analysis and drawings for the Cedar Rapids Convention Complex project (original contract amount was $3,780,000; total contract amount with this amendment is $4,232,186). 0195-02-12, Amendment No. 2 to the Professional Services Agreement with Stanley Consultants, Inc. for an amount not to exceed $28,000 for additional engineering services for the Well Field 15 kV Electric Cable Replacement project (original contract amount was $58,000; total contract amount with this amendment is $100,400). 0196-02-12, Amendment No. 1 to the Professional Services Agreement with ShiveHattery, Inc. for an amount not to exceed $78,275 for additional design and engineering services for sanitary sewer and street repairs to be included in the Bever-Linden-Blake SE Area 2011 Water Main Improvements project (original contract amount was $68,493; total contract amount with this amendment is $146,768). 0197-02-12, Amendment No. 1 to the Agreement for Police Patrol Vehicle Electronics Installation with Graybill Communications to reflect the additional scope of work to retrofit the incar video systems in existing squad cars for an amount not to exceed $13,950 (original contract amount was $51,712.50; total amount with this amendment is $65,662.50). 0198-02-12, Amendment No. 2 to the Convention Hotel Hazardous Materials Assessment Survey with Terracon Consultants, Inc. to reflect the additional costs for mold abatement monitoring, asbestos testing samples, vermiculite monitoring and project management during abatement for an amount not to exceed $11,947 (original contract amount is $36,151; total amount with Amendment No. 2 is $80,398). 0199-02-12, Change Order Nos. 7, 8 and 9 in the total amount of $192,109.12 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,161,869.75). 0200-02-12, Change Order No. 2 in the amount of $22,371 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $28,558,290). Abstain, Council member Swore. 0201-02-12, Change Order No. 2 deducting the amount of $25,634 with Modern Piping, Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $10,891,366). Abstain, Council member Swore. 0202-02-12, Change Order No. 2 deducting the amount of $144,931 with Paulson Electric for the Cedar Rapids Convention Complex Electrical Contract (original contract amount was $8,437,635; total contract amount with this amendment is $8,292,704). 0203-02-12, Change Order No. 7 in the amount of $13,690.76 with Rathje Construction Company, Inc. for the Northland Avenue NE Reconstruction and Sidewalk Extensions from 600’ North of Collins Road to Blairs Ferry Road project (original contract amount was $763,285.68; total contract amount with this amendment is $819,154.34). 0204-02-12, Public Works Department Maintenance Division purchase of a power screen from Theco, Inc. in the amount of $98,750. 0205-02-12, Iowa Department of Transportation (IDOT) Supplemental Agreement in the amount of $30,702 for maintenance of various primary road extensions within the corporate limits of the city effective July 1, 2011 to June 30, 2016. 0206-02-12, Offer to Buy Real Estate and Acceptance in the amount of $550,000 and accepting a Warranty Deed from Westgate Community L.L.C. for the purchase of vacant land located at 1200 Edgewood Road NW, including the westerly parcel located east of 3608 Crestwood Drive NW in connection with the Cedar Rapids Fire Station #3 and Detention Basin project. 0207-02-12, Memorandum of Agreement and accepting a Temporary Grading Easement for Construction from the Cedar Rapids Community School District from land located at 355 18th Street SE in connection with the FY12 Sanitary Sewer Reconstruction project. 0208-02-12, Memorandum of Agreement and accepting an Easement for Utiltities and a Temporary Grading Easement for Construction from the Cedar Rapids Community School District from land located at 1515 C Avenue NE in connection with the FY12 Sanitary Sewer Reconstruction project. 0209-02-12, Warranty Deed from Donald M. Ross and Cornelia C. Ross for additional right-of-way along the westerly side of Wenig Road NE from the north 65’ of their property at 3015 Wenig Road NE. 0210-02-12, Development Agreement with Scallon Custom Homes for the rehabilitation of 1841 Hamilton Street SW through the Residential Property Disposition Program. 0211-02-12, Utilities Department Agreement for Roof Membrane Replacement on Sludge Storage Building with T & K Roofing and Sheet Metal Co. for an amount not to exceed $26,230. 0212-02-12, Agreement for Ceiling Grid and Tile with Acoustics by Washburn LLC for the Water Pollution Control Facility for an amount not to exceed $41,990. 0213-02-12, Structure Lease Agreement with New Cingular Wireless PCS, LLC (“Cingular”) for leased space on the City’s Convention Complex Hotel for its wireless communications equipment with an initial term of five years in the amount of $153,000. 0214-02-12, Police Department purchase of 18 Arbitrator in car video equipment packages from Baycom Inc. in the amount of $92,466. 0215-02-12, Agreement with Communications Engineering Company for Non Public Safety Radios for a monthly service cost of $9 per radio for the calendar year 2012. 0216-02-12, 28E Agreement between the City of Marion and the Cedar Rapids Civil Rights Commission for investigative and mediation services. 0217-02-12, Information Technology Department purchase of leased fiber from ImOn Communications, LLC for a monthly cost of $13,500 for the calendar year 2012. 0218-02-12, payment of an Economic Development Grant in the amount of $65,820 to PBI-GRR, LLC as provided in the Agreement for Private Redevelopment for the renovation of the Bottleworks property at 905 3rd Street SE. 0219-02-12, Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $38,100 for environmental services in connection with the Public Works Building, Solid Waste Building, A Street Maintenance Shop and Forestry Building Flood Recovery project (original contract amount was $239,500; total contract amount with this amendment is $277,600) (FLOOD). 0220-02-12, Amendment No. 2 to the Professional Services Agreement with HR Green, Inc. specifying an increased amount not to exceed $20,500 for the preparation of a Hazard Mitigation 404 Grant Application for the WPCF Return Sewer Pump Station project (original contract amount was $60,000; total contract amount with this amendment is $109,250) (FLOOD). 0221-02-12, Amendments No. 2 and 3 to Environmental Remediation Services for Flood Damaged Structure-TrueNorth with Iowa-Illinois Taylor Insulation Company to extend the term of the Agreement and to reflect additional cost to remediate discovery items for an amount not to exceed $102,515.85 (original contract amount was $42,916; total amount with Amendments No. 2 and 3 is $145,431.85) (FLOOD). 0222-02-12, Amendment No. 7 for Phase I Environmental Site Assessments with Howard R. Green, Inc. to reflect additional cost for expanded scope for an amount not to exceed $27,280 (original amount is $125,240; total amount with amendment is $274,040) (FLOOD). 0223-02-12, Amendment No. 5 to the Environmental Assessment Services for Flood Damaged Commercial Structures Agreement with Impact7G to reflect cost for nine additional properties for an amount not to exceed $23,620 (original contract amount was $43,730; total amount with this amendment is $107,575) (FLOOD). 0224-02-12, Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $170,517 for the Prairie Valley Transmission Main Relocation for NE Floodwall project (FLOOD). 0225-02-12, Special Warranty Deed with Affordable Housing Network for property located at 1033 G Avenue NW conveying City-owned property through the Residential Property Disposition program (FLOOD). Abstain, Council member Gulick. 0226-02-12, Special Warranty Deed with Affordable Housing Network for property located at 715 9th Avenue SW conveying City-owned property through the Residential Property Disposition program (FLOOD). Abstain, Council member Gulick. 0227-02-12, Agreement for Opening Day Collection of print and non-print materials for the Cedar Rapids Public Library with Baker & Taylor, Inc. for an amount not to exceed $4,000,000 (FLOOD). 0228-02-12, commitment to secure bridge loans for Sykora Bakery and Business Solutions Group for an amount not to exceed $89,100 with Community Disaster Grant funds allocated for Business Gaps (FLOOD). Report on bids for the Indian Creek Trunk Sanitary Sewer – Segment 2 – Phase 1 Reconstruction project. (Dave Wallace) S.J. Louis Construction, Inc., Rockville, MN Ryan Contracting Company, Elko, MN Minger Construction, Inc., Chanhassen, MN Northwest Asphalt, Inc., Shakopee, MN Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Langman Construction, Inc., Rock Island, IL Ricklefs Excavating, Ltd., Anamosa, IA Tschiggfrie Excavating Co., Dubuque, IA $3,543,000.00 $3,637,022.04 *$3,902,629.19 *$3,973,560.26 $4,144,834.90 $4,464,838.54 $4,651,320.60 $6,382,475.40 *corrected amount due to math errors 0229-02-12, awarding and approving contract in the amount of $3,543,000 plus incentive up to $35,000, bond and insurance of S.J. Louis Construction, Inc. for the Indian Creek Trunk Sanitary Sewer – Segment 2 – Phase 1 Reconstruction project (estimated cost is $4,900,000). Report on bids for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project. (Mike Dufoe) L.L. Pelling Company, Inc., North Liberty, IA Eastern Iowa Excavating & Concrete, LLC, Cascade, IA Pirc-Tobin Construction, Inc., Alburnett, IA Ricklefs Excavating, Ltd., Anamosa, IA Rathje Construction Co., Marion, IA $676,268.80 $683,479.98 $715,550.75 $723,966.50 $738,893.00 0230-02-12, awarding and approving contract in the amount of $676,268.80 plus incentive up to $11,000, bond and insurance of L.L. Pelling Company, Inc. for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project (estimated cost is $730,000). Report on Bids for the NE Quad Water Main Replacement project. (Steve Hershner) Rathje Construction Co., Marion, IA Vieth Construction Corp., Cedar Falls, IA Ricklefs Excavating, Ltd., Anamosa, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Pirc-Tobin Construction, Inc., Alburnett, IA Gee Grading & Excavating, Inc., Cedar Rapids, IA Connolly Construction, Inc., Peosta, IA Tschiggfrie Excavating Co., Dubuque, IA $431,861.75 $466,115.50 $469,671.00 $471,490.00 $529,574.50 *$518,847.11 $558,638.47 **$554,461.25 *corrected amount due to math or typographical error **deemed non-responsive 0231-02-12, awarding and approving contract in the amount of $431,861.75, bond and insurance of Rathje Construction Co. for the NE Quad Water Main Replacement project (estimated cost is $ 503,000). Report on bids for the Demolition Services for Flood Damaged Structure – Iowa Air Filter Building (estimated cost is $165,885). (John Riggs) Kelly Demolition, LLC., Mt. Vernon, IA D.W. Zinser Company, Walford, IA $58,642.00 $256,400.00 0232-02-12, rejecting the bids from Kelly Demolition, LLC and D.W. Zinser Company for Demolition Services for Flood Damaged Structure-Iowa Air Filter Building due to the large disparity between the bids (FLOOD). Report on bids for the Environmental Remediation Services of Flood Damaged Structures of approximately 150 city-acquired, flood-damaged residential parcels. (John Riggs) ECCO Midwest, Inc. South St. Paul, MN New Horizons., Kansas City, MO Horsley Specialties., Rapid City, SD Lindstrom Environmental., Plymouth, MN ESA, Inc. North Sioux City, SD Abatement Specialties., Cedar Rapids, IA $229,649 $316,555 $355,767 $373,314 $434,409 $590,033 0233-02-12, awarding and approving contract for an amount not to exceed $229,649, bond and insurance of ECCO Midwest, Inc. for the Environmental Remediation Services of Flood Damaged Structures (estimated cost is $247,010) (FLOOD). Discussion regarding Item Number 46: Ron Griffith 0234-02-12, adopting the Comprehensive Trails Plan. Discussion regarding Item Number 47: Vern Zakostelecky and Sandy Pumphrey 0235-02-12, approval of a Preliminary Site Development Plan for property at 1201 6th Street SW the Public Works Facility zoned PUB, Public Zone District and considered an “Essential Service” as requested by the City of Cedar Rapids. Discussion regarding Item Number 48: Jennifer Pratt 0236-02-12, authorizing negotiation of a Development Agreement with Progression, LC for construction of a new office building at 600 3rd Avenue SE. Ordinance No. 006-12, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create a Czech Bohemia Overlay District with design standards and guidelines applicable to new multi-family and commercial development applications and building permits within the Overlay District, was presented and read the third time. Council member Vernon moved the adoption of the Ordinance as read; seconded by Council member Poe. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 007-12, being an Ordinance vacating public ways and grounds in and to the property described as a 388 square-foot parcel of existing City right-of-way located at 3303 Remington Street SW as requested by Robert L. and Christina M. Slagle, was presented and read the third time. Council member Olson moved the adoption of the Ordinance as read; seconded by Council member Karr. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. 0237-02-12, authorizing the dispostion of property described as a 388 square-foot parcel of City-owned right-of-way and vacating a 354 square-foot utility easement located at 3303 Remington Street SW as requested by Robert L. and Christina M. Slagle. Ordinance No. 008-12, being an Ordinance vacating public ways and grounds in and to the property described as a 4,821 square-foot parcel of right-of-way located in the formerlyexisting alley between 16th Avenue SW and 18th Avenue SW and west of 9th Street SW as requested by the Cedar Rapids Community School District, was presented and read the third time. Council member Poe moved the adoption of the Ordinance as read; seconded by Council member Karr. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. 0238-02-12, authorizing the disposition of the property described as a 4,821 square-foot parcel of right-of-way located in the formerly-existing alley between 16th Avenue SW and 18th Avenue SW and west of 9th Street SW, establishing and retaining a sewer easement and executing a Quit Claim Deed as requested by Cedar Rapids Community School District. Ordinance No. 009-12, being an Ordinance vacating public ways and grounds in and to the property described as a 12,772 square-foot parcel of right-of-way and described as formerlyexisting 7th Street NE between Dewey Avenue NE and D Avenue NE as requested by Cargill, Incorporated, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. 0239-02-12, executing a Quit Claim Deed and accepting an Agreement for Private Sanitary Sewer Facilities from Cargill, Incorporated. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 7:20 p.m. to meet Tuesday, February 28, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Council member Shey Abstain, Council member Gulick Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA February 28, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey (arrived at 5:33 p.m.), Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney Jim Flitz. The invocation was given by Fire Chaplain Phil Saunders. Pledge of Allegiance Council members Karr and Vernon presented a proclamation to Bob Harschnek, Scott Swenson, Doug Schumacher, Steve Hunter, Gary Carleton, Linda Manary and Jennifer Jentz declaring February 12, 2012 as Business Long Term Recovery Appreciation Day. A presentation regarding Automated Traffic Enforcement devices was given by Captain Steve O’Konek and Lieutenant Jeff Hembera. A public hearing was held to consider a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District and RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company. Comments and objections were heard. No written comments or objections were filed since the January 24, 2012 public hearing (a total of 178 objections and 6 comments were noted on January 24). Ordinance No. ________, being an Ordinance granting a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District and RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company, was presented and read the first time. Council member Swore 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 Vernon. Discussion was held. Council member Olson moved to amend the Ordinance granting a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District and RMF1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company to include a condition requiring that buffers against residential areas be 30 feet and that the buffers be established as berming and not as setbacks; seconded by Council member Karr. Ayes, Council members Karr and Olson. Nays, Council members Gulick, Podzimek, Shields, Swore, Vernon and Mayor Corbett. MOTION FAILED. Council then voted on the Ordinance (with no amendment) granting a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District and RMF1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company. Ayes, Council members Gulick, Podzimek, Shields, Swore, Vernon and Mayor Corbett. Nays, Council members Karr and Olson. MOTION FAILED. Discussion was held. Mayor Corbett recessed the meeting at 5:25 p.m. Council member Shey arrived at 5:33 p.m. at which time the meeting reconvened. Council member Swore moved to reconsider the first reading of the Ordinance granting a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District and RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company; seconded by Council member Poe. Ayes, Council members Gulick, Karr, Podzimek, Shey, Shields, Swore, Vernon and Mayor Corbett. Nay, Council member Olson. Motion carried. Ordinance No. ________, being an Ordinance granting a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone District and RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. and Butschi Real Estate Company, was presented and read the first time. Council member Swore 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 Vernon. Ayes, Council members Gulick, Podzimek, Shey, Shields, Swore, Vernon and Mayor Corbett. Nays, Council members Karr and Olson. Motion carried. A public hearing was held to consider an Overhead Electric Line Easement Agreement with ITC Midwest LLC, a Michigan limited liability company (ITC), for property located on Cityowned land south of the intersection of Hull Avenue and 10th Street SE (formerly known as the RESCAR site) in connection with Alliant Energy’s Cedar Rapids River Run Substation project. No comments or objections were heard or filed. 0240-02-12, Overhead Electric Line Easement Agreement with ITC Midwest, LLC, a Michigan limited liability company (ITC), for property located on City-owned land south of the intersection of Hull Avenue and 10th Street SE (formerly the RESCAR site) in connection with Alliant Energy’s Cedar Rapids River Run Substation project. 0241-02-12, Permit for Excavations in Public Right-of-Way with ITC Midwest, LLC, a Michigan limited liability company (ITC), to replace an existing transmission line with a new 161KV transmission line from A Avenue NE and 7th Street SE, along the 7th Street SE corridor to the new Alliant Energy River Run Substation. A public hearing was held to consider an Overhead Electric Line Easement Agreement with ITC Midwest LLC, a Michigan limited liability company (ITC), for property located on Cityowned land between 16th Avenue and 15th Avenue SE and between 510 16th Avenue and 902 16th Avenue SE (also known as Sinclair Park) in connection with ITC’s Prairie Creek Transmission Line project. No comments or objections were heard or filed. 0242-02-12, Overhead Electric Line Easement Agreement with ITC Midwest, LLC, a Michigan limited liability company (ITC), for property located on City-owned land between 16th Avenue and 15th Avenue SE and between 510 16th Avenue and 902 16th Avenue SE (also known as Sinclair Park) in connection with ITC’s Prairie Creek Transmission Line project. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update parking requirements. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update parking requirements, was presented and read the first time. Council member Vernon 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 Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, updating various sections for clarification. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, updating various sections for clarification, was presented and read the first time. Council member Vernon 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 Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the disposition of 35 City-owned parcels acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area and the Consolidated Central Urban Renewal Area for Cedar Rapids Rose Homes, LP as requested by Hatch Development Group, LLC. No comments or objections were heard or filed. 0243-02-12, disposition of 35 City-owned parcels acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area and the Consolidated Central Urban Renewal Area for Cedar Rapids Rose Homes, LP as requested by Hatch Development Group, LLC. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the C Avenue NE Water Main Replacement – 32nd Street NE to 40th Street NE project (estimated cost is $465,000). No comments or objections were heard or filed. 0244-02-12, adopting plans, specifications, form of contract and estimated cost for the C Avenue NE Water Main Replacement – 32nd Street NE to 40th Street NE project. Council member Olson was absent for this vote. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project (estimated cost is $560,000). No comments or objections were heard or filed. 0245-02-12, adopting plans, specifications, form of contract and estimated cost for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project. Council member Olson was absent for this vote. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Northwest Quadrant Water Main Replacements Waveland Drive NW and Hillside Drive NW project (estimated cost is $550,000). No comments or objections were heard or filed. 0246-02-12, adopting plans, specifications, form of contract and estimated cost for the Northwest Quadrant Water Main Replacements Waveland Drive NW and Hillside Drive NW project. Council member Olson was absent for this vote. A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (estimated cost is $320,000). No comments or objections were heard or filed. 0247-02-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (FLOOD). A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (estimated cost is $855,000). No comments or objections were heard or filed. 0248-02-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (FLOOD). A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Residential Structures (estimated cost is $655,000). No comments or objections were heard or filed. 0249-02-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Residential Structures (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (estimated cost is $980,000). No comments or objections were heard or filed. 0250-02-12, adopting plans, specifications, form of contract and estimated cost for the nd 2 Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (FLOOD). Public comments were heard. Council member Gulick moved to approve the Agenda; seconded by Council member Vernon. City Manager Pomeranz requested Item Number 16 (Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 13, 2012 and advertising for bids by publishing notice to bidders for the 1st St. - 24th Ave. - Haven Court SW Water Main Replacement project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on March 28, 2012) and Item Number 36m (Agreement for Citywide generator maintenance and repair services with Cummins Central Power, LLC for a 6-year contract amount not to exceed $318,982.24 for maintenance services and an annual estimated amount of $200,000 for repair services and parts) be removed from the agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Gulick. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. March 13, 2012 – to consider amending the FY2011 Annual Action Plan for the Community Development Block Grant (CDBG) Program as follows: 1) To allow the Area Substance Abuse Council (ASAC) to reallocate $6,350 budgeted for repainting to be used for interior lighting improvements; 2) To allow the Taylor Area Neighborhood Association (TANA) to reallocate $22,877 budgeted for the Tiger Cub Club to be used for other eligible public service activities, including the Before School Program, Enrichment Learning Program, Community Gardening Program, After School/Evening Enrichment/Life Skills Program, and the SHARE Food Program, all serving youth and families in the Taylor School area; b. March 13, 2012 – to consider a change of zone for property at 5750 16th Avenue SW from C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by Larry D. Chmelicek; c. March 13, 2012 – to consider the disposition of excess City-owned property acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area for the third round of Single Family New Construction Program; d. March 13, 2012 – to consider amending Chapter 12 of the Municipal Code, Water Service, by repealing existing rates and establishing new rates; e. March 13, 2012 – to consider amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing existing rates and establishing new rates; f. March 13, 2012 – to consider amending Chapter 24 of the Municipal Code, Solid Waste, by repealing existing rates and establishing new rates; g. March 13, 2012 – to consider the vacation of public ways and grounds in and to the property described as a 994 square-foot parcel of right-of-way located at the southwesterly right-of-way line of 4th Street SE and between 1st Avenue and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the Cedar Rapids Convention Complex Parking Structure project; h. March 13, 2012 – to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa Corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation; i. March 13, 2012 – to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa Corporation, for property located on City-owned land between 11th Avenue and 12th Avenue SE from the Cedar River to 2nd Street SE in connection with improvements to the downtown electric network. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 13, 2012, and advertising for bids by publishing notice to bidders for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on March 28, 2012 (estimated cost is $1,430,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 13, 2012 and advertising for bids by publishing notice to bidders for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on March 21, 2012 (estimated cost is $990,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 13, 2012 and advertising for bids by publishing notice to bidders for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on March 21, 2012 (estimated cost is $1,384,000). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for March 13, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Commercial Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on March 14, 2012 (estimated cost is $315,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. Beef O’Brady’s Family Sports Pub, 5240 Edgewood Road NE #100; Break Room, 3108 1st Avenue NE; Capone’s, 1201 3rd Street SE; Cedar Rapids Jaycees, 225 5th Avenue SW; Cedar Rapids Ball Club, 950 Rockford Road SW; Chrome Horse, 1202 3rd Street SE (outdoor service for an event on March 17-18, 2012); Deanoz Sports Bar & Grill, 3707 1st Avenue SE; Hy-Vee Drugstore #5, 2001 Blairs Ferry Road NE; Fiesta Del Sol, 4801 1st Avenue SE; Just Jules Pub & Restaurant, 835 Center Point Road NE; Lone Star Steakhouse, 4545 1st Avenue SE; Parlor City Pub & Eatery, 1125 3rd Street SE; Playtime Tap, 933 14th Avenue SW; Sammy’s Lounge, 5519 Center Point Road NE; Starlite Room, 3300 1st Avenue NE; Stella’s, 416 3rd Street SE (new-formerly O’Maggie’s Pub); Third Base Sports Bar & Brewery, 500 Blairs Ferry Road NE. 0251-02-12, approving payment of bills. 0252-02-12, approving payroll. 0253-02-12, intent to assess for Utilities – Water Division – delinquent municipal utility bills at 23 properties. 0254-02-12, levying assessment for Utilities – Water Division – delinquent municipal utility bills at 15 properties. 0255-02-12, accepting sanitary sewer in Mann Third Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $62,660. 0256-02-12, accepting storm sewer in Mann Third Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $53,491. 0257-02-12, accepting Portland Cement Concrete pavement in Mann Third Addition and approving 4-year Maintenance Bond submitted by Dave Schmitt Construction, Inc. in the amount of $63,313.50. 0258-02-12, accepting the Williams Boulevard SW Improvements (Iowa 922/US 151 Business) 8th Avenue to 16th Avenue project, approving Performance Bond and authorizing issuance of final payment in the amount of $30,000 to Gee Grading & Excavating, Inc. (original contract amount was $1,355,126.52; final contract amount is $1,298,402.65). 0259-02-12, accepting the 33rd Avenue SW Bridge Over the CRANDIC Railroad (East Bridge) project, approving Performance Bond and authorizing issuance of final payment in the amount of $30,000 to Taylor Construction, Inc. (original contract amount was $2,038,842.13; final contract amount is $2,072,693.67). 0260-02-12, approving the Final Plat of Wiley Center 6th Addition, located west of Wiley Boulevard SW between 29th Avenue and 31st Avenue SW. 0261-02-12, approving the Final Plat of Champion First Addition, located at 4201 Beverly Road SW. 0262-02-12, approving the Final Plat of 76th Avenue Industrial Park, located east of Irish Drive SW and north of 76th Avenue SW. 0263-02-12, approving the Final Plat of Ellis Park Church of God First Addition, located at 2260 Edgewood Road NW. 0264-02-12, accepting work and fixing amount to be assessed for the Council Street NE from Dry Creek to 74th Street Improvements project. 0265-02-12, authorizing the relocation of a bus stop zone and installation of new parking meters on the west side of 3rd Street SE between 3rd Avenue and 4th Avenue SE. 0266-02-12, authorizing the formation of a Design Review Technical Advisory Committee to provide comments and perform community outreach for multi-family and commercial building permits and land development applications within the Czech Bohemia Overlay District. 0267-02-12, approving a Convention Center public art location, Box Office Wall and artist scope of work. 0268-02-12, donating Fleet Services and Police Department’s outdated and unserviceable Icop camera parts and materials to the Coralville, Iowa Police Department with an estimated value of $4,900. 0269-02-12, endorsing consideration by the U.S. Department of Transportation under their Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant program as a lead applicant in connection with the Edgewood Road SW Viaduct, Multi-Use Bridge/Walkway at US Highway 30 project. 0270-02-12, submittal of an application to the Iowa Department of Natural Resources (IDNR) to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 50% of the actual cost of a trail relocation project in connection with the Indian Creek Trunk Sewer Replacement project. 0271-02-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for seven properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0272-02-12 authorizing the City Manager’s Office to increase the .75 temporary FTE Administrative Assistant I position to a full-time temporary Administrative Assistant I position for flood recovery (FLOOD). 0273-02-12, Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $33,050 to prepare a Soil Management Plan in connection with the Cedar Rapids Convention Complex; Construction Materials Testing project (original contract amount was $280,330; total contract amount with this amendment is $313,380). 0274-02-12, Amendment No. 4 to the standard Agreement with Alt Architecture and Research Associates for an increased amount of $13,885.96 for architectural/engineering services in connection with the May’s Island Maintenance Package project (original contract amount was $2,896,000; total contract amount with this amendment is $4,076,714.28). 0275-02-12, Change Order No. 1 in the amount of $61,743 with WRH, Inc. for the Water Pollution Control Facility A-1 Clarifier Rehabilitation project (original contract amount was $1,261,400; total contract amount with this amendment is $1,323,143). 0276-02-12, Change Order No. 10 in the amount of $73,533.89 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,235,403.64). 0277-02-12, Change Order Nos. 1, 2 and 3 totaling $222,475 in connection with the Linn County Radio Project and authorizing the Joint Communications Agency to issue purchase orders and authorize payments in accordance with the contracted schedule (original contract amount was $18,875,324; total contract amount with this amendment is $19,097,799). 0278-02-12, correcting an error on the February 14, 2012 City Council Agenda in which Change Order No. 2 with Miron Construction Company in the amount of $221,371 was incorrectly noted as $22,371 for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $28,558,290). Abstain, Council member Swore. 0279-02-12, Lease Agreement with Communications Engineering Company for lease of property in Hiawatha in the amount of $3,750 monthly or on annual schedule of one payment of $45,000 per fiscal year for the length of the lease term in connection with the Linn County Radio Project. 0280-02-12, Joint Communications Agency payments to Linn County totaling 50% of the cost for Lattice Communications civil work for shelters at tower locations, for an amount not to exceed $312,468, in connection with the Linn County Radio Project. 0281-02-12, Joint Communications Agency payments to Linn County totaling 50% of the cost for Murphy Tower Service, LLC for new tower construction costs, for an amount not to exceed $111,000, in connection with the Linn County Radio Project. 0282-02-12, Joint Communications Agency payments to Linn County, totaling 50% of the cost for Elert and Associates to study and make recommendations on the Linn County Radio Project for Phase II of the project, for an amount not to exceed $270,000. 0283-02-12, Agreement for Trees for Spring 2012 Planting with B & G Nursery and Construction for the Public Works Department for an amount not to exceed $31,529. 0284-02-12, Agreement for Trees for Spring 2012 Planting with Midwest Janitorial Services dba Midwest Lawn & Landscape for the Public Works Department for an amount not to exceed $41,824. 0285-02-12, Agreement for Low and Medium Voltage Electrical Services with ESCO Electric for the WPC Facility for an annual amount not to exceed $140,000. 0286-02-12, purchase of castings & adjusting rings for the Sewer Division from Brown Supply Company for the total amount of $28,470. 0287-02-12, Fleet Services purchase of seven Labrie side loaders from Elliott Equipment Company in the amount of $1,102,620.90 and authorizing the City to trade seven garbage trucks to Elliott Equipment Company for the amount of $279,000. 0288-02-12, Development Agreement with Cedar Valley Habitat for Humanity for the rehabilitation of 1000 8th Street NW through the Residential Property Disposition Program. 0289-02-12, Purchase Agreement in the amount of $11,750 and accepting an Easement for Sanitary Sewer and a Temporary Grading Easement for Construction from Nancy K. Africa and H. Frank Bellon, Jr. Co-Trustees of the Howard F. Bellon, Sr. Revocable Trust u/d/o October 1, 2001 an undivided ½ interest and Betty J. Bellon, as Trustee of the Betty J. Bellon Revocable Trust u/d/o October 1, 2001, an undivided ½ interest and a Tenant Purhcase Agreement in the amount of $1,600 from Harold Zenisek from vacant property located west of Banar Drive SW between 33rd Avenue SW and Highway 30 in connection with the Highway 30 to 33rd Avenue SW (West of Banar Drive) Sanitary Sewer Extension project. 0290-02-12, letter of acceptance for funding and execution of a Project Agreement with the Iowa Department of Transportation (IDOT) in connection with the McCloud Place NE over McCloud Run Bridge Replacement project. 0291-02-12, Grant application to the National Endowment for the Arts requesting funding to assist in the restoration of the south wall Mural within the Cedar Rapids Council Chambers. 0292-02-12, Amendment No. 4 to Demolition Services for Flood Damaged Structures with Kelly Demolition, LLC to reflect additional quantities for an amount not to exceed $111,599.77 (original contract amount was $462,400; total amount with this amendment is $729,719.51) (FLOOD). 0293-02-12, Amendment No. 6 for Debris Monitoring Services for Various Flood Projects with Neel-Schaffer, Inc. to reflect the additional services for approximately 150 properties for an amount not to exceed $350,000 (original contract was $476,700.00; total amount with this amendment is $1,547,787.50) (FLOOD). 0294-02-12, Amendment No. 3 to the Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $445,679 for Engineering Services for permanent repairs at the WPC Facility; (original contract amount was $1,132,000; total contract amount with this amendment is $1,813,968) (FLOOD). 0295-02-12, Amendment No. 5 to the Professional Services Agreement with Solum Lang Architects, LLC specifying an increased amount not to exceed $19,630.50 (in contingencies) for architectural and engineering professional services in connection with the Five Seasons Bus Garage and Storage Annex Flood Recovery project (original contract amount was $196,305; total contract amount with this amendment is $273,775.50) (FLOOD). 0296-02-12, Change Order No. 3 in the amount of $2,694 with Miron Construction Company, Inc. for the May’s Island Parkade project (original contract amount was $724,000; total contract amount with this amendment is $817,583) (FLOOD). Abstain, Council member Swore. 0297-02-12, Change Order No. 1 in the amount of $28,114.01 with Nelson Electric Company for the Paramount Theatre Flood Recovery and Renovation Bid Package 2 – Electrical project (original contract amount was $2,714,000; total contract amount with this amendment is $2,742,114.01) (FLOOD). Abstain, Council member Swore. 0298-02-12, Professional Services Agreement with MSA Professional Services, Inc. for an amount not to exceed $48,054 for design services in connection with the Historical Sanitary Sewer Repairs – East Side Interceptor Flood Damage Evaluation project (FLOOD). Report on bids for the 10th Street SE, from 1st Avenue E to 4th Avenue, Improvements project. (Mike Dufoe) Pirc-Tobin Construction, Inc., Alburnett, IA Ricklefs Excavating, Ltd., Anamosa, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Tschiggfrie Excavating Co., Dubuque, IA Rathje Construction Co., Marion, IA Portzen Construction, Inc., Dubuque, IA $2,140,365.85 *$2,160,148.99 *$2,220,102.21 *$2,432,115.99 $2,539,236.88 *$2,803,684.96 *corrected amount due to math errors in bid 0299-02-12, awarding and approving contract in the amount of $2,140,365.85 plus incentive up to $37,500, bond and insurance of Pirc-Tobin Construction, Inc. for the 10th Street SE from 1st Avenue E to 4th Avenue SE Improvements (estimated cost is $2,851,000). Report on bids for the Cedar Rapids Diesel Generator Emissions Standards Compliance project. (Pat Ball) Munson Electric, Inc., Hiawatha, IA Altorfer, Inc., Cedar Rapids, IA $356,600 $360,700 0300-02-12, awarding and approving contract in the amount of $356,600, bond and insurance of Munson Electric, Inc. for the Cedar Rapids Diesel Generator Emissions Standards Compliance Project (estimated cost is $493,000). Report on bids for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project. (Dave Wallace) Ricklefs Excavating, Ltd., Anamosa, IA Vieth Construction Corp., Cedar Falls, IA Rathje Construction Co., Marion, IA Pirc-Tobin Construction, Inc., Alburnett, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Schrader Excavating & Grading Co., Walford, IA Tschiggfrie Excavating Co., Dubuque, IA $675,176.50 $731,846.00 $745,125.20 $777,072.10 $848,555.70 $978,803.80 $983,438.50 0301-02-12, awarding and approving contract in the amount of $675,176.50 plus incentive up to $31,000, bond and insurance of Ricklefs Excavating, Ltd. for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project (estimated cost is $920,000). Report on bids for the Environmental Remediation Services of Flood Damaged Commercial Structures of approximately 100 City-acquired, flood-damaged commercial parcels. (John Riggs) Horsley Specialties., Rapid City, SD ECCO Midwest, Inc., South St. Paul, MN New Horizons., Kansas City, MO Active Thermal Concepts., Hiawatha, IA $621,830.00 $741,500.00 $862,375.00 $1,159,260.00 0302-02-12, awarding and approving contract for an amount not to exceed $621,830, bond and insurance of Horsley Specialties, Inc. for the Environmental Remediation Services of Flood Damaged Commercial Structures (estimated cost is $840,000) (FLOOD). Discussion regarding Item Number 41: John Frew 0303-02-12, Naming Rights Agreement with United States Cellular Corporation, by which the City’s new Convention Center Complex will be named the “U.S. Cellular Center” and the City’s Convention Complex Hotel will be named the “Doubletree by Hilton at the U.S. Cellular Center” for a term of seven years with a first annual payment of $350,000 plus one three year option for a total of ten years. Discussion regarding Item Number 42: Adam Lindenlaub 0304-02-12, setting evaluation criteria and directing staff to publish a notice for Requests for Proposals for the potential disposition of 1115 C Street SW (Riverside Park). Discussion regarding Item Number 43: Jennifer Pratt 0305-02-12, Agreement for Private Redevelopment with Progression, LC for construction of a new office building at 600 3rd Avenue SE. Ordinance No. 010-12, being an Ordinance amending multiple chapters of the Cedar Rapids Municipal Code pertaining to public health regulations enforced on behalf of the City of Cedar Rapids by the Linn County Health Department pursuant to Iowa Code Chapter 28E, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Ordinance No. 011-12, being an Ordinance granting a change of zone for property east th of 26 Street SW and south of the Union Pacific Railroad from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Lehman, Allsop & Evans LLC and Cedar Rapids & Iowa City Railway Company (CRANDIC), was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Ordinance No. 012-12, being an Ordinance amending Ordinance No. 043-11 to correct the legal description of property to be included in the Raining Rose Urban Renewal Area, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Ordinance No. 013-12, being an Ordinance amending Ordinance Nos. 079-00 and 01311 to correct the legal descriptions of three sub-areas, Riverside/Oakhill, Mid-town and Coe/Mt. Vernon, within the Consolidated Central Urban Renewal Area, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Swore was absent for this vote. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 7:42 p.m. to meet Tuesday, March 13, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA March 13, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney Mo Sheronick. Absent, Council member Swore. Pledge of Allegiance A musical presentation was given by the Garnett Place Bell Ringers. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the Fiscal Year 2013 Annual Budget. One objection was heard. No written comments or objections were filed. 0306-03-12, adopting the Fiscal Year 2013 Budget. A public hearing was held to consider amending Chapter 12 of the Municipal Code, Water Service, by repealing existing rates and establishing new rates. One objection was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance amending Chapter 12 of the Municipal Code, Water Service, by repealing existing rates and establishing new rates, was presented and read the first time. Council member 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing existing rates and establishing new rates. One objection was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing existing rates and establishing new rates, was presented and read the first time. Council member Karr 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. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 24 of the Municipal Code, Solid Waste, by repealing existing rates and establishing new rates. One objection was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance amending Chapter 24 of the Municipal Code, Solid Waste, by repealing existing rates and establishing new rates, was presented and read the first time. Council member Poe 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 5750 16th Avenue SW from C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by Larry D. Chmelicek. One comment was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 5750 16th Avenue SW from C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by Larry D. Chmelicek, was presented and read the first time. Council member Gulick 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Vernon and Mayor Corbett. A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 994 square-foot parcel of right-of-way located at the southwesterly right-of-way line of 4th Street SE and between 1st Avenue and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the Cedar Rapids Convention Complex Parking Structure project. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 994 square-foot parcel of right-of-way located at the southwesterly right-of-way line of 4th Street SE and between 1st Avenue and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the Convention Complex Parking Structure project, was presented and read the first time. Council member Vernon 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 Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Vernon and Mayor Corbett. A public hearing was scheduled to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa Corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation. The public hearing was cancelled at the request of the Cedar Rapids Public Works Department and will be rescheduled for a later date. A public hearing was scheduled to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa Corporation, for property located on City-owned land between 11th Avenue and 12th Avenue SE from the Cedar River to 2nd Street SE in connection with improvements to the downtown electric network. The public hearing was cancelled at the request of the Cedar Rapids Public Works Department and will be rescheduled for a later date. A public hearing was held to consider amending the FY2011 Annual Action Plan for the Community Development Block Grant (CDBG) Program. One comment was heard. No written comments or objections were filed. 0307-03-12, amending the FY2011 Annual Action Plan for the Community Development Block Grant (CDBG) Program to allow the Area Substance Abuse Council (ASAC) to reallocate $6,350 budgeted for repainting to be used for use for interior lighting improvements and to allow the Taylor Area Neighborhood Association (TANA) to reallocate $22,877 budgeted for the Tiger Cub Club to be used for other eligible public service activities, including the Before School Program, the Enrichment Learning Program, Community Gardening Program, After School/Evening Enrichment/Life Skills Program, and the SHARE Food Program, all serving youth and families in the Taylor School area. A public hearing was held to consider the disposition of excess City-owned property acquired through the Voluntary Property Acquisition Program in the Neighborhood Revitalization Area for the third round of Single Family New Construction Program. One comment was heard. No written comments or objections were filed. 0308-03-12, authorizing the disposition of excess City-owned property acquired through the Voluntary Property Acquisition Program in the Neighborhood Revitalization Area for the third round of Single Family New Construction Program (FLOOD). A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project (estimated cost is $1,430,000). No comments or objections were heard or filed. 0309-03-12, adopting plans, specifications, form of contract and estimated cost for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project (estimated cost is $990,000). No comments or objections were heard or filed. 0310-03-12, adopting plans, specifications, form of contract and estimated cost for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project (estimated cost is $1,384,000). No comments or objections were heard or filed. 0311-03-12, adopting plans, specifications, form of contract and estimated cost for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project. A public hearing was held to consider the specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (estimated cost is $315,000). No comments or objections were heard or filed. 0312-03-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (FLOOD). Public comments were heard. Council member Vernon moved to approve the Agenda; seconded by Council member Gulick. City Manager Pomeranz requested that Item Number 20 (Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 27, 2012 and advertising for bids by publishing notice to bidders for the FY 2012 Sidewalk Installation and Ramp Program – Contract No. 1 project, and authorizing the City Engineer, or designee, to receive and open the bids and publicly announce the results on April 4, 2012 be amended to reflect the correct project name. Council member Karr requested that Item Numbers 16a, 16b and 16c (motions setting public hearing dates for March 27, 2012 to consider an Ordinance repealing Chapter 33 of the Municipal Code, Building Code, and enacting and adopting in lieu thereof a new Building Code and the 2012 editions of the International Building and International Residential Building Codes with modifications; an Ordinance repealing Chapter 36 of the Municipal Code, Mechanical Code, and enacting and adopting in lieu thereof a new Mechanical Code and the 2012 editions of the International Mechanical Code and the International Fuel Gas Code with modifications; and an Ordinance repealing Chapter 29 of the Municipal Code, Housing Code, and enacting and adopting in lieu thereof a new Housing Code and the 2012 edition of the International Property Maintenance Code with modifications) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Motion carried as amended. Council member Gulick moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. March 27, 2012 – to consider a change of zone for property at 2001 Stoney Point Road SW from A, Agricultural Zone District to R-3, Single Family Residence Zone District as requested by Red Rock Developing, LLC; b. March 27, 2012 – to consider amending the Future Land Use Map in the City’s Comprehensive Plan from Office and Low Density Residential to Medium Density Residential, for property at 1230 English Land NE as requested by Real Estate Equities Development Company and Boyson Park Land Co, LLC; c. March 27, 2012 – to consider a change of zone for property at 1230 English Lane NE from O-S, Office/Service Zone District to RMF-1, Multiple Family Residence Zone District as requested by Real Estate Equities Development Company and Boyson Park Land Co, LLC; d. March 27, 2012 – to consider the vacation and disposition of public ways and grounds in and to the property described as an 89,344 square-foot parcel of right-of-way located in formerly-existing 11th Street SW between 8th Avenue and 14th Avenue SW as requested by Cedar Rapids and Iowa City Railway Company (CRANDIC); e. March 27, 2012 – to consider the continuation of the disposition of excess Cityowned property by sealed bid at the following described locations: 1. Multiple family residential property located at 1621 10th Street NW; 2. Commercial condominium unit located at 219 2nd Street SE; 3. Multiple family residential property located at 713 3rd Street SW; f. March 27, 2012 – to consider a change of zone for property north of 76th Avenue Drive SW and east of Kirkwood Boulevard SW from O-S, Office/Service Zone District and A, Agriculture Zone District to PUB, Public Zone District as requested by the City of Cedar Rapids, Area Ten Community College and Kirkwood Community College (FLOOD); g. March 27, 2012 – to consider the disposition of City-owned commercial properties at 1118 and 1120 2nd Street SE and 208 12th Avenue SE and inviting competitive proposals for the redevelopment of these properties (FLOOD); h. March 27, 2012 – to consider granting a change of zone for 54 City owned lots for the Single Family New Construction Program Round 3 from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Multiple Family Residence Zone District; and RMF-2, Multiple Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 27, 2012 and advertising for bids by publishing notice to bidders for the 1st Str - 24th Ave - Haven Court SW Water Main Replacement project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on April 11, 2012 (estimated cost is $495,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 27, 2012 and advertising for bids by publishing notice to bidders for the CRWPCF D-1 Clarifier Rehabilitation and DAFT A & B Improvements project and authorizing the Utilities Director, or designee, to receive and open the bids and publicly announce the results on April 11, 2012 (estimated cost is $2,350,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 27, 2012 and advertising for bids by publishing notice to bidders for the Cleaning, Repairing, Painting of the Chandler Street Reservoir project and authorizing the Utilities Director or designee, to receive and open the bids and publicly announce the results on April 11, 2012 (estimated cost is $500,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for March 27, 2012 and advertising for bids by publishing notice to bidders for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project, and authorizing the City Engineer, or designee, to receive and open the bids and publicly announce the results on April 4, 2012 (estimated cost is $260,000). CIP/DID #3017012-01 Motion assessing a $1,500 civil penalty for a second violation of State Code regarding the sale of cigarettes to minors against Casey’s General Store #2790, 588 Boyson Road NE. Motion approving the beer/liquor/wine applications of: a. Cedar Valley Humane Society, 7411 Mt. Vernon Road SE (5-day Beer/Wine permit for an event at 700 16th St NE on March 22, 2012); b. Fieldhouse Cedar Rapids, 1140 Blairs Ferry Road NE; c. Guppy’s on the Go, 1532 Ellis Boulevard NW (changing to Class E Liquor); d. e. f. g. Guppy’s on the Go, 235 Edgewood Road NW; Homeport, 624 Center Point Road NE; Hy-Vee Gas #7, 3935 Blairs Ferry Road NE; Mulligan’s Pub, 1060 Old Marion Road NE, Suite A. 0313-03-12, approving the St. Joseph’s Day Parade in Czech Village and New Bohemia on March 24, 2012 (includes street closures). 0314-03-12, approving the Cedar Rapids Downtown Farmers’ Market events on June 2, June 16, July 7, July 21, August 4, August 18, September 1 and September 15, 2012 (includes street closures). Abstain, Council member Gulick. 0315-03-12, approving the Cedar Rapids Metro Economic Alliance “Outdoor Movie Series” on June 30, July 14 and August 11, 2012 (includes street closures). Abstain, Council member Gulick. 0316-03-12, approving payment of bills. 0317-03-12, approving payroll. 0318-03-12, approving transfer of funds. 0319-03-12, intent to assess for Solid Waste & Recycling – cleanup costs at 1 property. 0320-03-12, levying assessment for Solid Waste & Recycling – cleanup costs at 6 properties. 0321-03-12, intent to assess for Utilities – Water Division – delinquent municipal utility bills at 24 properties. 0322-03-12, accepting Storm Sewer in West Side Corporate Park Third Addition and approving two-year Maintenance Bond submitted by Gee Grading & Excavating, Inc. in the amount of $82,413. 0323-03-12, accepting Portland Cement Concrete pavement in West Side Corporate Park Third Addition and approving four-year Maintenance Bond submitted by City Wide Construction Corporation in the amount of $82,850. 0324-03-12, accepting Parking and Revenue Control System (PARCS), approving Performance Bond and authorizing issuance of final payment in the amount of $16,073 to Don Harstad Co., Inc. (original contract amount was $321,460; final contract amount is $321,460). 0325-03-12 accepting the 8th Avenue SE Water Main Replacement from Cedar River Bridge to 3rd Street SE (Phase I) project, approving Performance Bond and authorizing issuance of final payment in the amount of $10,839.54 to Gee Grading & Excavating, Inc. (original contract amount was $206,527.80; final contract amount is $216,790.90). 0326-03-12, accepting the First Avenue East and 18th Street SE Storm Sewer Extension project and approving Performance Bond of Borst Brothers Construction, Inc. (original contract amount was $26,682.15; final contract amount is $28,162.12). 0327-03-12, accepting the 16th Avenue and Edgewood Road SW, Northwest Corner Sidewalk Extension project and approving Performance Bond of Eggleston Concrete Contractors, Inc. (original contract amount was $7,450; final contract amount is $7,450). 0328-03-12, accepting the Old Oak Drive NE Sanitary Sewer Extension project and approving Performance Bond of Cedar River International Trucks, Inc., DBA Premier Excavating, Inc. (original contract amount was $24,893.75; final contract amount is $21,148.56). 0329-03-12, accepting the 1st Street Parkade Demolition project, approving Performance Bond and authorizing issuance of final payment in the amount of $39,339.56 to D.W. Zinser Company (original contract amount was $748,450; final contract amount is $786,791.21) (FLOOD). 0330-03-12, accepting Flood remediation work at City facilities, approving Performance Bond and authorizing issuance of final payment in the amount of $190,000 to Munters Corporation - Moisture Control Services, now known as Polygon US Corp. (total contract amount is $2,331,557.74) (FLOOD). 0331-03-12, approving the Minor Preliminary Plat of Klouda Second Addition for property in Linn County at the southwest corner of the intersection of Tharp Road and 6th Street SW as requested by Brain Engineering, Inc. and Roger C. and Char Les Klouda. 0332-03-12, approving the Minor Preliminary Plat of Sisley Grove First Addition to Linn County southeast of Sisley Grove Road and US 30 as requested by ISCI, L.C. 0333-03-12, accepting work and fixing amount to be assessed for the 18th Avenue SW from West Post Road to ¼ Mile East, Portland Cement Concrete Street, Sidewalk, Sanitary Sewer, Storm Sewer, and Water Main project. 0334-03-12, establishing the New South Downtown Parkade – 7th Avenue SE Design Advisory Committee and identifying members to assist in providing design input for the new parking ramp. 0335-03-12, adopting and levying final schedule of assessments and providing for the payment thereof for the Council Street NE from Dry Creek to 74th Street Improvements project. 0336-03-12, accepting work and fixing amount to be assessed for the Williams Boulevard SW (Iowa 922/US 151 Business) 8th Avenue to 16th Avenue Improvements project. 0337-03-12, amending Resolution No. 0002-01-12 which approved the annexation of property south of 42nd Street NE on the east side of Emerson Avenue NE (3940 Emerson Avenue NE) correcting a property owner name from Richard J. Mitchell to Robert J. Mitchell. 0338-03-12, establishing the Utilities Department – Solid Waste Division fee schedule beginning July 1, 2012 for Fiscal Year 2013 for nuisance abatement and service charges. 0339-03-12, establishing the Utilities Department – Water Division fee schedule beginning July 1, 2012 for Fiscal Year 2013 for miscellaneous services. 0340-03-12, establishing the Utilities Department – Water Pollution Control rates beginning July 1, 2012 for Fiscal Year 2013 for wastewater from un-metered water supplies that are discharged into the City sanitary sewer system. 0341-03-12, establishing Utilities Department – Water Pollution Control rates beginning July 1, 2012 for Fiscal Year 2013 for wastewater that is hauled directly to the Water Pollution Control Department for treatment. 0342-03-12, authorizing sponsorship of a Business Financial Assistance application to the State by ERA-USA for creation of new high quality jobs by locating within an existing office facility at 240 33rd Avenue SW. 0343-03-12, authorizing a Cedar Rapids Firefighter to attend Disaster Medical Specialist training in College Station, TX for a total amount of $4,550. 0344-03-12, authorizing the abatement and demolition of four commercial parcels under the Community Development Block Grant (CDBG) Program (FLOOD) 0345-03-12, permitting the registration of five parcels after the program deadline for the Voluntary Property Acquisition Program funded under the Iowa Economic Development Authority’s (IEDA) Community Development Block Grant (CDBG) Program (FLOOD). 0346-03-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for four properties in connection with the HUD Community Development Block Grant (CDBG) Program (FLOOD). 0347-03-12, establishing a permanent sanitary sewer easement located at 620 C Avenue NW in connection with the NW Quadrant, 2008 Flood Area Sanitary Sewer Restoration – Phase 1 project (FLOOD). 0348-03-12, Amendment No. 1 to the Parking Access and Revenue Control System (PARCS) with Baker Group to reflect the additional cost to repair and add conduit in the GTC, 3rd Avenue and 5 Seasons Parkades for an amount not to exceed $24,400 (original contract amount was $84,800; total amount with this amendment is $109,200). 0349-03-12, Amendment No. 3 to renew Agreement for Residential Water Meters with Ferguson Waterworks for the Utilities Department for a total annual amount not to exceed $150,000 (original contract amount was $134,000, renewal contract amount is $150,000). 0350-03-12, Amendment No. 3 to renew Agreement for Mowing Services with Berns Brothers Mowing Inc. for the Public Works Department for a total annual amount not to exceed $35,000 (Original contract amount was $25,000; renewal contract amount is $ 35,000). 0351-03-12, Amendment No. 4 to the Professional Services Agreement with AndersonBogert Engineers & Surveyors, Inc. specifying an increased amount not to exceed $49,500 for additional engineering design services in connection with the Flood Management Structure and Outdoor Amphitheatre project (original contract amount was $670,000; total contract amount with this amendment is $749,500). 0352-03-12, Change Order No.’s 1, 2 and 3 for a total amount of $37,247.04 with Tricon Construction Group for the May’s Island Maintenance Package project (original contract amount was $403,000; total contract amount with this amendment is $440,247.04). 0353-03-12, Change Order No. 1 in the amount of $12,207.65 with Ricklefs Excavating, Ltd. for the 3rd Avenue East Bridge Water Main Repair from 1st Street SE to Mays Island project (original contract amount was $97,153; total contract amount with this amendment is $109,360.65). 0354-03-12, Change Order No. 3 in the amount of $12,055 with Modern Piping Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $10,903,421). 0355-03-12, Change Order No. 5 deducting the amount of $27,693 with TSF Structures, Inc. for the Cedar Rapids Convention Complex Primary Steel Bid Package project (original contract amount was $2,767,966; total contract amount with this amendment is $3,057,830). 0356-03-12, Change Order No. 3 in the amount of $47,099 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $28,605,389). 0357-03-12, purchase of API Heat Exchanger Tube Bundle from API Heat Transfer Inc. in the amount of $27,477 (sole source). 0358-03-12, 28E Agreement with the Linn County Public Health (LCPH) Department for services related to the enforcement of certain health-related ordinances. 0359-03-12, 28E Agreement with Linn County for construction of a Portland Cement Concrete (PCC) overlay in the amount of $303,994.80 in connection with the Wright Brothers Boulevard SW from Prairie View Lane to Kirkwood Boulevard project and the Kirkwood Boulevard SW from Wright Brothers Boulevard to south of Hoosier Creek project. 0360-03-12, Agreement with the Cedar Rapids and Iowa City (CRANDIC) Railway Company and the Iowa Department of Transportation (IDOT) for construction of railroad crossing surface improvements at the CRANDIC Railway Company crossing at 10th Street SW – 1200 block. 0361-03-12, Agreement for Right of Way Acquisition Support Services with Stanley Consultants, Inc. for the Public Works Department, Engineering Division for an amount not to exceed $235,040. 0362-03-12, Agreement for LiDAR, Aerial Photography and Mapping Services with The Sanborn Map Company, Inc. for the Information Technology Department for an amount not to exceed $92,992. 0363-03-12, Agreement for the purchase of D.I. Push on Pipe – Pressure Class 250 and 200 with HD Supply Waterworks for a total annual amount not to exceed $102,000. 0364-03-12, Agreement for Water System Pipe, Hydrants, Valves, Distribution Materials and Service Materials with Schimberg Co. for a total annual amount not to exceed $950,000. 0365-03-12, Agreement for Water System Distribution Materials with First Supply LLC for a total annual amount not to exceed $51,000. 0366-03-12, Purchase Agreement in the amount of $11,895 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from the First Evangelical Lutheran Church from land located at 1000 3rd Avenue SE in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. 0367-03-12, Warranty Deed from Ross Industrial Park, Inc. for additional right-of-way for J Avenue NE along the northerly portion of their property at 615 J Avenue NE. 0368-03-12, payment in the amount of $42,630 to Abode Construction, Inc. in accordance with the Agreement to Participate in Design of 74th Street NE Pavement Reconstruction in connection with the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction project. 0369-03-12, accepting the established fair market value in the amount of $3,293 for the partial acquisition of a permanent utility easement and a temporary easement for construction from 2159 Linden Drive SE owned by Robert K. Miell in connection with the Bever-Linden-Blake SE Area Water Main Replacement project. 0370-03-12, accepting a bid in the amount of $107,700 from Kerry K. Staggs, Sr. and Wendy K. Staggs and approving a Quit Claim Deed for the disposition of 816 E Avenue NW. 0371-03-12, renewal of anti-virus protection for McAfee with CDW Government (original contract amount was $46,692; renewal contract amount is $51,144). 0372-03-12, funding to Diversity Focus in Fiscal Year 2012 of $40,000. 0373-03-12, Fleet Services purchase of two pick-up trucks from Karl Chevrolet for the total amount of $45,889. 0374-03-12, Fleet Services purchase of seven tandem axle cab and chassis from Hawkeye International Trucks in the amount of $692,083. 0375-03-12, Amendment No. 5 to reflect increased demolition debris in the amount of $116,476.23, accepting project and Performance Bond and authorizing issuance of payment in the amount of $42,316.30 to Kelly Demolition, LLC for Demolition for Flood Damaged Structures as an early release of amounts retained on work substantially completed (original contract amount was $462,460; final contract amount with this amendment is $846,195.74) (FLOOD). 0376-03-12, Amendment No. 4 to Environmental Remediation Services for Flood Damaged Structure-True North with Iowa-Illinois Taylor Insulation Company to extend the term of the Agreement and to reflect additional cost to remediate discovery items for an amount not to exceed $884,260.87 (original contract amount was $42,916; total amount with this amendment is $1,029,692.72) (FLOOD). 0377-03-12, Amendment No. 1 to the Professional Services Agreement with Barker Lemar Engineering Consultants specifying an increased amount not to exceed $8,671 for professional services in connection with the Cedar Rapids Public Library project (original contract amount was $28,390; total contract amount with this amendment is $37,061) (FLOOD). 0378-03-12, Amendment No. 2 to the Professional Services Agreement with Barker Lemar Engineering Consultants specifying an increased amount not to exceed $3,009 for professional services in connection with the Cedar Rapids Public Library project (original contract amount was $28,390; total contract amount with this amendment is $40,070) (FLOOD). 0379-03-12, Amendment No. 3 to the Professional Services Agreement with Barker Lemar Engineering Consultants specifying an increased amount not to exceed $54,870 for professional services in connection with the Cedar Rapids Public Library project (original contract amount was $28,390; total contract amount with this amendment is $95,409) (FLOOD). 0380-03-12, Development Agreement and Special Warranty Deed for the construction of single-family dwelling through the Single Family New Construction Program (SFNC) for property at 2205 D Street SW requested by Jim Sattler, Inc. (FLOOD). 0381-03-12, Development Agreement and Special Warranty Deed for the construction of single-family dwelling through the Single Family New Construction Program (SFNC) for property at 952 N Street SW requested by V&B Enterprises (FLOOD). 0382-03-12, Development Agreement and Special Warranty Deed for the construction of single-family dwelling through the Single Family New Construction Program (SFNC) for property at 719 8th Street SW requested by V&B Enterprises (FLOOD). 0383-03-12, Special Warranty Deed conveying City-owned property at 816 C Avenue NW through the Residential Property Disposition program requested by Affordable Housing Network (FLOOD). Abstain, Council member Gulick. 0384-03-12, Special Warranty Deed conveying City-owned property at 114 18th Avenue SW through the Residential Property Disposition program requested by Affordable Housing Network (FLOOD). Abstain, Council member Gulick. 0385-03-12, Special Warranty Deed conveying City-owned property at 1640 9th Street NW through the Residential Property Disposition program requested by Hernandez Family Homes, LLC (FLOOD). Council member Karr moved to approve the motion setting a public hearing date for March 27, 2012 to consider an Ordinance repealing Chapter 33 of the Municipal Code, Building Code, and enacting and adopting in lieu thereof a new Building Code and the 2012 editions of the International Building and International Residential Building Codes with modifications; seconded by Council member Gulick. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Karr moved to approve the motion setting a public hearing date for March 27, 2012 to consider an Ordinance repealing Chapter 36 of the Municipal Code, Mechanical Code, and enacting and adopting in lieu thereof a new Mechanical Code and the 2012 editions of the International Mechanical Code and the International Fuel Gas Code with modifications, seconded by Council member Gulick. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Karr moved to approve the motion setting a public hearing date for March 27, 2012 to consider an Ordinance repealing Chapter 29 of the Municipal Code, Housing Code, and enacting and adopting in lieu thereof a new Housing Code and the 2012 edition of the International Property Maintenance Code with modifications, seconded by Council member Gulick. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Report on bids for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (estimated cost is $980,000). (Rob Davis) Vieth Construction Corp. Cedar Falls, IA Base Bid Total Bid with Alternate 1 $774,230.61 $782,730.61 Ricklefs Excavating, Ltd. Anamosa, IA Base Bid Total Bid with Alternate 1 $832,127.15 $847,427.15 Dave Schmitt Construction Cedar Rapids, IA Base Bid Total Bid with Alternate 1 $923,024.60 $935,009.60 Rathje Construction Co. Marion, IA Base Bid Total Bid with Alternate 1 $994,659.89 $1,016,589.89 Tschiggfrie Excavating Co. Dubuque, IA Base Bid Total Bid with Alternate 1 *$1,063,185.19 $1,082,565.19 *Corrected amount due to math error in bid Report on bids for the 2012 Horizontal Collector Well No. 6 Caisson & Laterals project. (Pat Ball) Layne Christensen Co. Brechtel RCW, LLC Columbus, OH Sparta, OH $1,614,000 $1,891,500 0386-03-12, awarding and approving contract in the amount of $1,614,000, bond and insurance of Layne Christensen Company for the 2012 Horizontal Collector Well No. 6 Caisson & Laterals project (estimated cost is $1,900,000). Report on bids for the WPCF Roughing Filter Dome #3 Replacement and Concrete Repair project. (Pat Ball) Tricon General Construction, Inc. Staab Construction Wapasha Construction Company WRH, Inc. Kleiman Construction Unzeitig Construction Dubuque, IA Marshfield, WI Winona, MN Amana, IA Cedar Rapids, IA Cedar Rapids, IA $1,713,000 $1,742,000 $1,744,000 $1,834,000 $1,836,000 $1,886,000 0387-03-12, awarding and approving contract in the amount of $1,713,000, bond and insurance of Tricon General Construction, Inc. for the WPCF Roughing Filter Dome #3 Replacement and Concrete Repair Project (estimated cost is $1,896,000). Report on bids for the C Avenue NE Water Main Replacement – 32nd Street NE to 40th Street NE project. (Pat Ball) Ricklefs Excavating, Ltd. Vieth Construction Corp. Dave Schmitt Construction Connolly Construction, Inc. Rathje Construction Co. Tschiggfrie Excavating Co. Anamosa, IA Cedar Falls, IA Cedar Rapids, IA Peosta, IA Marion, IA Dubuque, IA $418,772.50 $422,474.50 $434,621.81 $504,972.85 $510,474.25 $1,060,326.19 0388-03-12, awarding and approving the contract in the amount of $418,772.50, bond and insurance of Ricklefs Excavating Ltd., Anamosa, IA for the C Avenue NE Water Main Replacement – 32nd Street NE to 40th Street NE project (estimated cost is $ 465,000). Report on bids for the Demolition Services for Flood Damaged Commercial Structures for demolition services for 19 flood-damaged commercial parcels. (John Riggs) Kelly Demolition Mt. Vernon, IA $350,478.50 DW Zinser Company Walford, IA $408,612.00 Rathje Construction Co. Marion, IA $420,020.00 Crowder Gulf/Zehendner Theodore, AL $548,375.70 Young’s General Contracting Poplar Bluff, MO $564,658.90 Anderson Excavating Council Bluffs, IA $613,009.70 Omega Demolition Elgin, IL $870,918.50 0389-03-12, awarding and approving contract for an amount not to exceed $350,478.50, bond and insurance of Kelly Demolition, LLC for the Demolition Services for 19 flood-damaged commercial parcels (estimated cost is $855,000) (FLOOD). Report on bids for the Demolition Services for Flood Damaged Commercial Structures for demolition services for 18 flood-damaged commercial parcels. (John Riggs) Kelly Demolition Mt. Vernon, IA $184,709.50 DW Zinser Company Walford, IA $214,178.00 Rathje Construction Co. Marion, IA $224,480.00 Crowder Gulf/Zehendner Theodore, AL $291,018.20 Young’s General Contracting Poplar Bluff, MO $299,999.40 Anderson Excavating Council Bluffs, IA $336,852.20 Omega Demolition Elgin, IL $485,366.00 Venenga General Contracting Vinton, IA non-responsive 0390-03-12, awarding and approving contract for an amount not to exceed $184,709.50, bond and insurance of Kelly Demolition, LLC for the Demolition Services for 18 flood damaged commercial parcels (estimated cost is $320,000) (FLOOD). Report on bids for the Demolition Services for Flood Damaged Residential Structures for demolition services for 75 flood-damaged residential parcels. (John Riggs) Kelly Demolition BWC Excavating, LC DW Zinser Company Crowder Gulf/Zehendner Young’s General Contracting Omega Demolition Mt. Vernon, IA Solon, IA Walford, IA Theodore, AL Poplar Bluff, MO Elgin, IL $538,806.25 $568,685.00 $622,745.00 $815,248.00 $926,888.00 $1,174,520.00 0391-03-12, awarding and approving contract for an amount not to exceed $538,806.25, bond and insurance of Kelly Demolition, LLC for the Demolition Services for 75 flood damaged residential parcels (estimated cost is $655,000) (FLOOD). Ordinance No. 014-12, being an Ordinance granting a change of zone for property west of C Avenue NE, south of East Main Street and north of Sheffield Drive NE from R-2, Single Family Residence Zone District to C-1, Mixed Neighborhood Convenience Zone District, R-2, Single Family Zone District to C-2, Community Commercial Zone and RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Butschi Real Estate Company, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Ordinance No. 015-12, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, updating various sections for clarification, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Gulick. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Ordinance No. 016-12, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update parking requirements, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Public comments were heard. City Manager communication was heard. Council member Shields moved to adjourn; seconded by Council member Shey. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. City Council adjourned at 6:51 p.m. to meet Tuesday, March 27, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Council member Swore Abstain, Council member Gulick Cedar Rapids, Iowa, March 15, 2012; 12:30 p.m. City Council met in Special Session in City Hall, 3851 River Ridge Drive NE, North Conference Room. Present, Mayor Pro-Tempore Vernon, Council members Gulick, Karr, Olson, Poe and Shields. Also present was City Manager Jeff Pomeranz. Council member Poe moved to approve the beer/liquor/wine application of Gatherings, 905 3rd Street SE, Suite #1 (transfer of liquor license for an event at 616 A Avenue NE on March 17, 2012); seconded by Council member Gulick. Ayes, Council members Gulick, Karr, Olson, Poe, Shields and Mayor Pro Tempore Vernon. Council member Gulick moved to adjourn; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shields and Mayor Pro Tempore Vernon. Meeting adjourned at 12:35 p.m. Amy Stevenson, City Clerk MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA March 27, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Pro Tempore Vernon, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Swore. Also present were City Manager Jeff Pomeranz and City Attorney Jim Flitz. Absent, Mayor Corbett. The invocation was given by Police Chaplain Dan Hoeger. Pledge of Allegiance Mayor Pro Tempore Vernon and Council member Karr presented a Proclamation declaring Parkinson Disease Awareness Month to John Krumbholz. A presentation regarding the Building Services Division- Overview and Activity Report was given by Kevin Ciabatti. Resolutions were adopted with all Council members and Mayor Pro Tempore Vernon voting “Aye” unless noted. A public hearing was held to consider the Section 8 Housing Choice Voucher (HCV) Program Public Housing Agency (PHA) Annual Plan and amendments to the PHA Administrative Plan, including the Family Self-Sufficiency Action Plan and the Homeownership Option Plan. No comments or objections were heard or filed. 0392-03-12, approving the Section 8 Housing Choice Voucher (HCV) Program Public Housing Agency (PHA) Annual Plan and amendments to the PHA Administrative Plan, including the Family Self-Sufficiency Action Plan and the Homeownership Option Plan. A public hearing was held to consider an Ordinance repealing Chapter 33 of the Municipal Code, Building Code, and enacting and adopting in lieu thereof a new Building Code and the 2012 editions of the International Building and International Residential Building Codes with modifications. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance repealing Chapter 33 of the Municipal Code, Building Code, and enacting and adopting in lieu thereof a new Building Code and the 2012 editions of the International Building and International Residential Building Codes with modifications, was presented and read the first time. Council member 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 Karr. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider an Ordinance repealing Chapter 36 of the Municipal Code, Mechanical Code, and enacting and adopting in lieu thereof a new Mechanical Code and the 2012 editions of the International Mechanical Code and the International Fuel Gas Code with modifications. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance repealing Chapter 36 of the Municipal Code, Mechanical Code, and enacting and adopting in lieu thereof a new Mechanical Code and the 2012 editions of the International Mechanical Code and the International Fuel Gas Code with modifications, was presented and read the first time. Council member Poe 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 Karr. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider an Ordinance repealing Chapter 29 of the Municipal Code, Housing Code, and enacting and adopting in lieu thereof a new Housing Code and the 2012 edition of the International Property Maintenance Code with modifications. Comments were heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance repealing Chapter 29 of the Municipal Code, Housing Code, and enacting and adopting in lieu thereof a new Housing Code and the 2012 edition of the International Property Maintenance Code with modifications, was presented and read the first time. Council member 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 Karr. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Mayor Pro Tempore Vernon left the room and Council member Swore acted as Temporary Chair. A public hearing was held to consider a change of zone for property at 2001 Stoney Point Road SW from A, Agricultural Zone District to R-3, Single Family Residence Zone District as requested by Red Rock Developing, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 2001 Stoney Point Road SW from A, Agricultural Zone District to R-3, Single Family Residence Zone District as requested by Red Rock Developing, LLC., was presented and read the first time. Council member 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 Gulick. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields and Swore. Mayor Pro Tempore Vernon was absent for this vote. Mayor Pro Tempore Vernon returned and chaired the remainder of the meeting. A public hearing was held to consider amending the Future Land Use Map in the City’s Comprehensive Plan from Office and Low Density Residential to Medium Density Residential, for property at 1230 English Lane NE as requested by Real Estate Equities Development Company and Boyson Park Land Company, LLC. Comments were heard. No written comments or objections were filed. 0393-03-12, amending the Future Land Use Map in the City’s Comprehensive Plan from Office and Low Density Residential to Medium Density Residential, for property at 1230 English Lane NE requested by Real Estate Equities Development Company and Boyson Park Land Company, LLC. A public hearing was held to consider a change of zone for property at 1230 English Lane NE from O-S, Office/Service Zone District to RMF-1, Multiple-Family Residence Zone District as requested by Real Estate Equities Development Company and Boyson Park Land Company, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 1230 English Lane NE from O-S, Office/Service Zone District to RMF-1, Multiple-Family Residence Zone District as requested by Real Estate Equities Development Company and Boyson Park Land Company, LLC, was presented and read the first time. Council member Gulick 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. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider the vacation and disposition of public ways and grounds in and to the property described as an 89,344 square-foot parcel of right-of-way located in formerly-existing 11th Street SW between 8th Avenue and 14th Avenue SW as requested by Cedar Rapids and Iowa City Railway Company (CRANDIC). No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as an 89,344 square-foot parcel of right-of-way located in formerlyexisting 11th Street SW between 8th Avenue and 14th Avenue SW requested by Cedar Rapids and Iowa City Railway Company (CRANDIC), was presented and read the first time. Council member Poe 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 Karr. Approved. Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Olson was absent for this vote. A public hearing was held to consider the continuation of the disposition of excess Cityowned property by sealed bid and described as a commercial condominium unit located at 219 2nd Avenue SE; a multiple family residential property located at 713 3rd Street SW; and a multiple family residential property located at 1621 10th Street NW. No comments or objections were heard or filed. 0394-03-12, continue the disposition of excess City-owned property described as a multiple family residential property located at 1621 10th Street NW. 0395-03-12, continue the disposition of excess City-owned property described as a commercial condominium unit located at 219 2nd Avenue SE. Abstain, Council member Olson. 0396-03-12, continue the disposition of excess City-owned property described as a multiple family residential property located at 713 3rd Street SW. A public hearing was held to consider a change of zone for property north of 76th Avenue Drive SW and east of Kirkwood Boulevard SW from O-S, Office/Service Zone District and A, Agriculture Zone District to PUB, Public Zone District as requested by the City of Cedar Rapids, Area Ten Community College and Kirkwood Community College. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property north of 76th Avenue Drive SW and east of Kirkwood Boulevard SW from O-S, Office/Service Zone District and A, Agriculture Zone District to PUB, Public Zone District as requested by the City of Cedar Rapids, Area Ten Community College and Kirkwood Community College (FLOOD), was presented and read the first time. Council member Swore 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 Karr. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider the disposition of City-owned commercial properties at 1118 and 1120 2nd Street SE and 208 12th Avenue SE and inviting competitive proposals for the redevelopment of these properties. No comments or objections were heard or filed. 0397-03-12, authorizing the disposition of City-owned commercial properties at 1118 and 1120 2nd Street SE and 208 12th Avenue SE and inviting competitive proposals for the redevelopment of these properties (FLOOD). A public hearing was held to consider granting a change of zone for 54 City owned lots for the Single Family New Construction Program Round 3 from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Multiple Family Residence Zone District; and RMF-2, Multiple Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids. No comments or objections were heard or filed. Ordinance No. 017-12, being an Ordinance granting a change of zone for 54 City owned lots for the Single Family New Construction Program Round 3 from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Multiple Family Residence Zone District; and RMF-2, Multiple Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District requested by the City of Cedar Rapids (FLOOD), was presented and read the first time. Council member Karr moved the approval of the Ordinance on its first reading; seconded by Council member Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Gulick moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its second and third readings; seconded by Council member Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the 1st St – 24th Ave - Haven Court SW Water Main Replacement (estimated cost is $495,000). No comments or objections were heard or filed. 0398-03-12, adopting plans, specifications, form of contract and estimated cost for the 1st St – 24th Ave - Haven Court SW Water Main Replacement project. Council member Gulick was absent for this vote. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the CRWPCF D-1 Clarifier Rehabilitation and DAFT A & B Improvements project (estimated cost is $2,350,000). No comments or objections were heard or filed. 0399-03-12, adopting plans, specifications, form of contract and estimated cost for the CRWPCF D-1 Clarifier Rehabilitation and DAFT A & B Improvements project. Council member Gulick was absent for this vote. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the Cleaning, Repairing and Painting 4.0 MMG Steel Ground Storage Reservoir - Chandler Street Reservoir project (estimated cost is $500,000). No comments or objections were heard or filed. 0400-03-12, adopting plans, specifications, form of contract and estimated cost for the Cleaning, Repairing and Painting 4.0 MMG Steel Ground Storage Reservoir - Chandler Street Reservoir project. Council member Gulick was absent for this vote. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project (estimated cost is $260,000). No comments or objections were heard or filed. 0401-03-12, adopting plans, specifications, form of contract and estimated cost for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project. Public comments were heard. Council member Poe moved to approve the Agenda; seconded by Council member Karr. City Manager Pomeranz requested that Item Number 36 (Report on bids for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project) be amended to correct the estimated project cost amount. Council member Swore requested that Item Number 35d (Amendment No. 3 to renew Agreement for Food Concession Products for the Parks & Recreation Department with Myers-Cox Company for a total annual amount not to exceed $125,000) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried as amended. Council member Gulick moved to approve the Consent Agenda; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. April 10, 2012 – to consider the proposition to issue not to exceed $28,260,000 General Obligation Bonds (Essential Corporate Purpose); b. April 10, 2012 – to consider the proposition to issue not to exceed $12,000,000 Taxable General Obligation Bonds (US Cellular Center Project) (Essential Corporate Purpose – Flood); c. April 10, 2012 – to consider the proposition to issue not to exceed $1,000,000 General Obligation Bonds (General Corporate Purpose); d. April 10, 2012 – to consider the proposition to issue not to exceed $1,000,000 General Obligation Bonds (General Corporate Purpose); e. April 10, 2012 – to consider the proposition to issue not to exceed $100,000 General Obligation Bonds (General Corporate Purpose); f. April 10, 2012 – to consider the proposition to issue not to exceed $9,000,000 Taxable General Obligation Bonds (Essential Corporate Purpose/Urban Renewal) (US Cellular Center Project); g. April 10, 2012 – to consider the proposition to issue not to exceed $4,300,000 Taxable General Obligation Bonds (Essential Corporate Purpose/Urban Renewal) (Event Center Parking Ramp); h. April 10, 2012 – to consider the proposition to issue not to exceed $12,575,000 Taxable General Obligation Bonds (Essential Corporate Purpose/Urban Renewal) (Hotel Project); i. April 10, 2012 – to consider the proposition to issue not to exceed $12,650,000 Taxable General Obligation Bonds (Essential Corporate Purpose/Urban Renewal) (PCI Project); j. April 10, 2012 – to consider the proposition to issue not to exceed $3,115,000 Taxable General Obligation Bonds (Essential Corporate Purpose/Urban Renewal) (Amphitheater, Parking, New City Hall); k. April 10, 2012 – to consider the proposition to issue not to exceed $6,000,000 Water Revenue Bonds; l. April 10, 2012 – to consider the vacation of public ways and grounds in and to the property described as a 4,872 square-foot parcel of right-of-way located in formerly existing 14th Avenue SW easterly of and adjacent to 12th Avenue SW as requested by the City of Cedar Rapids; m. April 10, 2012 – to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land between 11th Avenue and 12th Avenue SE from the Cedar River to 2nd Street SE in connection with improvements to the downtown electric network; n. April 10, 2012 – to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation; o. April 10, 2012 – to consider amending Chapter 61 of the Municipal Code, Traffic Regulations, by adding a definition for a school zone in section 61.001, establishing speed restrictions on various streets in section 61.029, and amending verbiage in section 61.066; p. April 10, 2012 – to consider the disposition of excess City-owned residential property at 1317 J Street SW acquired through the Voluntary Property Acquisition Program (FLOOD); q. April 10, 2012 – to consider the disposition of excess City-owned residential property at 404 G Avenue NW, 405 G Avenue NW, and 437 G Avenue NW acquired through the Voluntary Property Acquisition program (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for April 10, 2012 and advertising for bids by publishing notice to bidders for the Manhattan Pavilion – Ellis Park project and authorizing the Parks and Recreation Director, or designee, to receive and open bids and publicly announce the results on April 18, 2012 (estimated cost is $75,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for April 10, 2012 and advertising for bids by publishing notice to bidders for the Mohawk Park Water Service project and authorizing the Parks and Recreation Director, or designee, to receive and open bids and publicly announce the results on April 18, 2012 (estimated cost is $50,000) (FLOOD). Motion assessing $300 civil penalties for violation of State Code regarding the sale of cigarettes to minors against the following permit holders: a. Puff N Stuff 2, 1545 1st Avenue SE; b. Things N Things, 621 Center Point Road NE. Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. Buffalo Wild Wings Grill & Bar, 2020 Edgewood Road SW; Ellis Golf Course, 1401 Zika Avenue NW; Ellis Softball Complex, 2000 Ellis Blvd NW (new-seasonal 8 month permit); F13, 1736 16th Avenue SW (new-formerly Stashed); Fat Wally’s, 429 2nd Avenue SE; Hawkeye Downs, 4400 6th Street SW; Hawkeye Downs Sinclair, 4713 6th Street SW; Hazzard County Saloon, 329 2nd Avenue SE; HuHot Mongolian Grill, 4444 1st Avenue NE, Suite #560; Hy-Vee Drugstore #1, 1520 6th Street SW; Hy-Vee Drugstore #2, 1440 32nd Street NE; Jersey’s Pub & Grub, 5761 C Street SW; Jones Golf Course, 2901 Fruitland Boulevard SW; Metro Buffet II, 2745 Blairs Ferry Road NE; Roscoe’s Pizza, 212 Edgewood Road NW; Shawn Ryan Irish Pub, 715 2nd Avenue SE; Tait Cummins Sports Complex, 3000 J Street SW (new-season 8 month permit); Twin Pine Golf Course, 3800 42nd Street NE; Wright Brothers Sports Complex, 8701 Welty Lane SW (new-seasonal 8 month permit/formerly Kirkwood Softball Complex). 0402-03-12, approving payment of bills. 0403-03-12, approving payment of payroll. 0404-03-12, extending a vote of thanks to Rick Fangman for serving on the Visual Arts Commission. 0405-03-12, approving the special event application for the Benz Beerfest at 501 7th Avenue SE on May 12, 2012. 0406-03-12, intent to assess for Utilities – Water Division delinquent municipal utility bills at 29 properties. 0407-03-12, levy assessment for Utilities – Water Division delinquent municipal utility bills at 6 properties. 0408-03-12, levy assessment for Utilities – Water Division delinquent municipal utility bills at 14 properties. 0409-03-12, approving the Final Plat of Volesky Farmstead Addition, located on the north side of Walford Road SW, east of 18th Street SW. 0410-03-12, approving the Final Plat of Cawiezell First Addition, located at 8700 Angle Road SW. 0411-03-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) for the partial acquisition of a permanent utility easement and a temporary easement for construction from 2159 Linden Drive SE, owned by Robert K. Miell, in connection with the Bever-Linden-Blake SE Area Water Main Replacement project. 0412-03-12, authorizing temporary encroachment for construction of two underground electric lines by Interstate Power and Light Company (IPL) on City-owned land located between 11th Avenue and 12th Avenue SE from the Cedar River to 2nd Street SE, and located southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE, as requested by Interstate Power and Light Company. 0413-03-12, authorizing removal of existing parking meters, numbers 5324 and 5325, to be replaced with a 10-minute loading zone, 7:00 AM to 6:00 PM, on the east side of 5th Street SE in the 300 block. 0414-03-12, requesting approval to donate seven older Police Department Trek bicycles to Public Works, Kennedy Senior High School and Metro High School, for an estimated value of $3,500. 0415-03-12, authorizing an application for $138,000 to renew HUD Grant Funding for two Housing and Family Self-Sufficiency (FSS) Program Coordinators salaries/benefits. 0416-03-12, amending Resolution No. 0583-03-03 to establish an Urban Agriculture permit fee in the amount of $175. 0417-03-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for two properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0418-03-12, Amendment No. 2 to renew Agreement for Citywide purchase of office supplies with OfficeMax, Inc. for an annual amount not to exceed $200,000 (original contract amount was $226,000; renewal contract amount is $200,000). 0419-03-12, Amendment No. 2 to renew Agreement for Uniform Apparel for the Police Department with Carpenter Uniform Co. for a total annual amount not to exceed $136,000 (original contract amount was $155,000; renewal contract amount is $136,000). 0420-03-12, Amendment No. 1 to renew Agreement for Temporary Employment Services for the Human Resources Department with Express Employment Professionals for a total annual amount not to exceed $50,000 (original contract amount was $50,000; renewal contract amount is $50,000). 0421-03-12, Amendment No. 1 to renew Information Technology Agreement for Professional IT Services with McGladrey for a total annual amount not to exceed $100,000 (original contract amount was $100,000; renewal contract amount is $100,000). 0422-03-12, Change Order No. 9 in the amount of $6,819.64 with Peterson Contractors, Inc. for the East Post Road over Indian Creek Bridge Replacement project (original contract amount was $2,294,712.11; total contract amount with this amendment is $2,390,367.68). 0423-03-12, Change Order No. 5 in the amount of $60,676.25 with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,328,002.53). 0424-03-12, Change Order No. 4 in the amount of $142,761 with Modern Piping, Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,046,182). Abstain, Council member Swore. 0425-03-12, Change Order No. 8 in the amount of $33,118.09 with Rathje Construction Company, Inc. for the Northland Avenue NE Reconstruction and Sidewalk Extensions from 600’ North of Collins Road to Blairs Ferry Road project (original contract amount was $763,285.68; total contract amount with this amendment is $852,272.43). 0426-03-12, debt collection services contract for City delinquent accounts receivable with Harris & Harris, Ltd. / Arnold Scott Harris, P.C. for an initial term of 3 years at a commission rate of 19% and debt litigation services at a commission rate of 35% for an estimated amount of $500,000. 0427-03-12, Agreement for Electric Cable Installation with ESCO Electric for the Utilities Department-Water Division for an amount not to exceed $58,125. 0428-03-12, agreement for the purchase and installation of Exterior Signage for City Hall with MediaQuest Sign Company, LLC for a total amount of $63,540. 0429-03-12, agreement for Generator Maintenance and Repair Services with Altorfer, Inc. for the Utilities Department for a six year contract for an amount not to exceed $252,132 for maintenance services and an annual estimated amount of $50,000 for repair services and parts. 0430-03-12, agreement for Generator Maintenance and Repair Services with Cummins Central Power, LLC for The Eastern Iowa Airport and the Police Department for a six year contract amount not to exceed $57,910.94 for maintenance services and an annual estimated amount of $20,000 for repair services and parts. 0431-03-12, agreement for the purchase of Turnout Gear for the Fire Department with Sandry Fire Supply LLC for a total annual amount not to exceed $90,000. 0432-03-12, agreement for replacement of Liebert Condensing Units with Ace Refrigeration, Inc. at the Police Department for an amount not to exceed $27,343. 0433-03-12, allocation of $60,000 to the RAGBRAI Cedar Rapids committee, in care of the Cedar Rapids Area Convention and Visitors Bureau, from the Hotel/Motel Fund to support expenses related to the RAGBRAI event on July 26-27, 2012. 0434-03-12, awarding and approving contract in the amount of $50,930, bond and insurance of Vieth Construction Corporation for the CEMAR Trail from 20th Street NE to 29th Street NE Drainage & Landscape Improvements project (estimated cost is $55,600). 0435-03-12, awarding and approving contract in the amount of $44,240.50 plus incentive up to $900, bond and insurance of Connolly Construction, Inc. for the 2012 Miscellaneous Storm Sewer Extensions project (estimated cost is $59,000). 0436-03-12, awarding and approving contract in the amount of $39,884.50, bond and insurance of Rathje Construction Company for the Highway 30 to 33rd Avenue SW (West of Banar Drive), Sanitary Sewer Extension project (estimated cost is $62,000). 0437-03-12, Public Works Department purchase of traffic marking paint to be used for roadway markings from Vogel Paint & Wax Co., Inc. for an amount not to exceed $65,300. 0438-03-12, Professional Services Agreement with Ryan Companies US, Inc. for an amount not to exceed $556,650 for construction management services in connection with the South Downtown Parkade – 7th Avenue SE project. 0439-03-12, accepting the established fair market value in the amount of $20 for the partial acquisition of a permanent drainage and access easement and a temporary grading easement for construction from vacant land located east of 18th Street SW, between 2321 18th Street SW and 2329 18th Street SW, owned by Carmen E. Gonzalez and Mary M. Hernandez in connection with the 18th Street SW Culvert Replacement project. 0440-03-12, purchase order in the amount of $29,795.46 to Mid Iowa Tools, Inc. for stock parts for the Gardner Denver High Pressure Pump at WPCF (sole source). 0441-03-12, purchase order in the amount of $28,401.62 to Water Research Foundation (WRF) for the Water Division’s 2012 Annual Membership Subscription Fee. 0442-03-12, amending Resolution No. 0071-01-12 which authorized the execution of a Professional Services Agreement with Terracon Consultants, Inc. for an amount not to exceed $31,182 for the Veterans Memorial Building Phase II project, to correctly reflect the approved contract amount is an amount not to exceed $26,182 (FLOOD). 0443-03-12, amending Resolution No. 0224-02-12, which authorized the execution of a Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $117,517 for the Prairie Valley Transmission Main Relocation for the NE Flood Wall project, to correctly reflect that the approved contract is an amount not to exceed $170,517 (FLOOD). 0444-03-12, Addendum No. 3 to the Agreement for Administrative Services for the Expanded Jumpstart Business Recovery Programs and Steam Conversion Programs with ProSource Technologies, Inc. providing for distribution of an additional $10,000,000 (original amount of the contract with this Addendum is $34,640,000; total contract amount with amendments is $47,300,753) (FLOOD). Abstain, Council member Olson. 0445-03-12, Amendment No. 4 and Amendment No. 5 to the Professional Services Agreement with ProSource Technologies, Inc. to allow ProSource to administer Local Option Sales Tax (LOST)-funded gap financing for the Jumpstart Housing Program for an amount not to exceed $500,000 inclusive of administrative costs, service delivery, pass through payments to applicants, and additional State Jumpstart funding to complete projects for an amount not to exceed $317,000 inclusive of administrative costs, service delivery, and pass through payments to applicants (total contract not to exceed $44,424,218) (FLOOD). Abstain, Council member Olson. 0446-03-12, Change Order No. 1 in the amount of $3,000 with Lindstrom Environmental, Inc. for the Veterans Memorial Hazardous Material Abatement project (original contract amount was $19,020; total contract amount with this amendment is $22,020) (FLOOD). 0447-03-12, agreement with CenturyLink for the relocation of utilities in connection with the Cedar Rapids Central Fire Station project (FLOOD). 0448-03-12, Development Agreement and Special Warranty Deed for the construction of a single-family dwelling through the Single Family New Construction Program (SFNC) for property at 547 10th Street SW for Cedar Ridge Homes (FLOOD). 0449-03-12, Development Agreement and Special Warranty Deed for the construction of a single-family dwelling through the Single Family New Construction Program (SFNC) for property at 1668 9th Street NW for Jim Sattler, Inc. (FLOOD). 0450-03-12, Development Agreement and Special Warranty Deed for the construction of a single-family dwelling through the Single Family New Construction Program (SFNC) for property at 1670 9th Street NW for Jim Sattler, Inc. (FLOOD). 0451-03-12, Corrective Special Warranty Deed conveying City-owned property at 715 9th Avenue SW for Affordable Housing Network, Inc. (FLOOD). Abstain, Council member Gulick. 0452-03-12, Corrective Special Warranty Deed conveying City-owned property at 926 G Avenue NW for Affordable Housing Network (FLOOD). Abstain, Council member Gulick. 0453-03-12, Corrective Special Warranty Deed conveying City-owned property at 1220 L Street SW for Affordable Housing Network (FLOOD). Abstain, Council member Gulick. 0454-03-12, Local Match Agreement with the State of Iowa for funding application for the Cedar Rapids Water Pollution Control Facility (WPCF) Return Sewer Pump Station project (FLOOD). 0455-03-12, awarding and approving contract in the amount of $782,730.61, plus incentive up to $38,600, bond and insurance of Vieth Construction Corporation for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (estimated cost is $980,000) (FLOOD). 0456-03-12, Amendment No. 3 to renew Agreement for Food Concession Products for the Parks & Recreation Department with Myers-Cox Company for a total annual amount not to exceed $125,000 (original contract amount was $100,000; renewal contract amount is $125,000). Report on bids for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project (estimated cost is $990,000). (Doug Wilson) Rathje Construction Co., Marion, IA Eastern Iowa Excavating & Concrete, LLC, Cascade, IA Vieth Construction Corp., Cedar Falls, IA Gee Grading & Excavating, Inc., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA Tschiggfrie Excavating Co., Dubuque, IA Horsfield Construction, Inc., Epworth, IA $828,450.19 $878,149.05 $893,401.50 $898,193.70 $905,333.50 $959,206.55 $996,976.30 Report on bids for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect – Groups 1 and 2 project (estimated cost is $1,384,000). (Doug Wilson) Price Industrial Electric, Inc., Hiawatha, IA Lan-Tel Communications, Independence, MO $1,143,668.00 $1,455,637.15 0457-03-12, awarding and approving contract in the amount of $1,143,668 plus incentive up to $5,000, bond and insurance of Price Industrial Electric, Inc. for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect – Groups 1 and 2 project (estimated cost is $1,384,000). Council member Poe was absent for this vote. Report on bids for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project. (Pat Ball) Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Vieth Construction Corp., Cedar Falls, IA Rathje Construction Co., Marion, IA Pirc-Tobin Construction Inc., Alburnett, IA Connolly Construction, Inc., Peosta, IA* Ricklefs Excavating LTD, Anamosa, IA Gee Grading, Cedar Rapids, IA Tschiggfrie Excavating Co., Dubuque, IA $ 473,102.90 $ 474,298.00 $ 482,028.00 $ 517,853.50 $ 522,650.10 $ 523,227.50 $ 588,297.90 $ 600,398.65 *corrected amount due to irregularity or math error in bid 0458-03-12, awarding and approving contract in the amount of $473,102.90, bond and insurance of Dave Schmitt Construction Co., Inc. for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project (estimated cost is $ 560,000). Council member Poe was absent for this vote. Report on bids for the Northwest Quadrant Water Main Replacements Waveland Drive NW & Hillside Drive NW project. (Pat Ball) Rathje Construction Co., Marion, IA Connolly Construction, Inc., Peosta, IA Vieth Construction Corp., Cedar Falls, IA Tschiggfrie Excavating Co., Dubuque, IA Gee Grading, Cedar Rapids, IA $ 459,033.50 $ 514,214.86 $ 529,086.20 $ 560,513.71 $ 610,370.90 0459-03-12, awarding and approving contract in the amount of $459,033.50, bond and insurance of Rathje Construction Co. for the Northwest Quadrant Water Main Replacements Waveland Drive NW & Hillside Drive NW project (estimated cost is $550,000). Council member Poe was absent for this vote. Report on bids for the RACM Demolition Services for Two Flood Damaged Commercial Structures for demolition services. (John Riggs) Kelly Demolition, LLC Co., Mt. Vernon, IA DW Zinser Company, Walford, IA $232,004.00 $246,085.00 0460-03-12, awarding and approving contract for an amount not to exceed $232,004, bond and insurance of Kelly Demolition, LLC for the RACM Demolition Services for Two Flood Damaged Commercial Structures (estimated cost is $315,000) (FLOOD). Council member Poe was absent for this vote. Discussion regarding Item Number 41: Jennifer Pratt 0461-03-12, authorizing negotiation of a Development Agreement with Intermec Technologies Corporation for construction of a new office building at 601 3rd Street SE. Abstain, Council member Olson. Discussion regarding Item Number 42: Sven Leff 0462-03-12, approving the selection of the J Avenue NW site recommended by the NW Recreation Center Site Selection Task Force as the location to rebuild the former Time Check Recreation Center (FLOOD). Ordinance No. 018-12, being an Ordinance amending Chapter 12 of the Municipal Code, Water Service, by repealing existing rates and establishing new rates, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Gulick 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 Olson. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Ordinance No. 019-12, being an Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing existing rates and establishing new rates, was presented and read the second time. Council member Olson moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Gulick 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 Olson. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Ordinance No. 020-12, being an Ordinance amending Chapter 24 of the Municipal Code, Solid Waste, by repealing existing rates and establishing new rates, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Gulick 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 Poe. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Ordinance No. 021-12, being an Ordinance granting a change of zone for property at 5750 16th Avenue SW from C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by Larry D. Chmelicek, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Gulick 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 Karr. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Ordinance No. 022-12, being an Ordinance vacating public ways and grounds in and to the property described as a 994 square-foot parcel of right-of-way located at the southwesterly right-of-way line of 4th Street SE and between 1st Avenue and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the Cedar Rapids Convention Complex Parking Structure project, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Council member Gulick 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 Karr. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. 0463-03-12, establishing a Utility Easement over a portion of Plat of Survey 1752 Parcel A as requested by the City of Cedar Rapids in connection with the Convention Complex Parking Structure project. Public comments were heard. City Manager communication was heard. Council member Swore moved to adjourn; seconded by Council member Poe. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. City Council adjourned at 7:18 p.m. to meet Tuesday, April 10, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Mayor Corbett Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA April 10, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. The invocation was given by Council member Vernon. Pledge of Allegiance A presentation regarding the Cedar Rapids/Linn County Solid Waste Agency Update was given by Joe Horaney. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the authorization of the issuance of not to exceed $28,260,000 General Obligation Bonds (ECP). One objection was heard. Written objections were filed. 0464-04-12, instituting proceedings to take additional action for the issuance of not to exceed $28,260,000 General Obligation Bonds (ECP). A public hearing was held to consider the authorization of the issuance of not to exceed $12,000,000 General Obligation Bonds (ECP - FLOOD). One objection was heard. Written objections were filed. 0465-04-12, instituting proceedings to take additional action for the issuance of not to exceed $12,000,000 General Obligation Bonds (ECP – FLOOD). A public hearing was held to consider the authorization of the issuance of not to exceed $1,000,000 General Obligation Bonds (GCP). One objection was heard. Written objections were filed. 0466-04-12, instituting proceedings to take additional action for the issuance of not to exceed $1,000,000 General Obligation Bonds (GCP). A public hearing was held to consider the authorization of the issuance of not to exceed $1,000,000 General Obligation Bonds (GCP). One objection was heard. Written objections were filed. 0467-04-12, instituting proceedings to take additional action for the issuance of not to exceed $1,000,000 General Obligation Bonds (GCP). A public hearing was held to consider the authorization of the issuance of not to exceed $100,000 General Obligation Bonds (GCP). One objection was heard. Written objections were filed. 0468-04-12, instituting proceedings to take additional action for the issuance of not to exceed $100,000 General Obligation Bonds (GCP). A public hearing was held to consider the authorization of the issuance of not to exceed $9,000,000 Taxable General Obligation Bonds (U.S. Cellular Center Project). One objection was heard. Written objections were filed. 0469-04-12, instituting proceedings to take additional action for the issuance of not to exceed $9,000,000 Taxable General Obligation Bonds (U.S. Cellular Center Project). A public hearing was held to consider the authorization of the issuance of not to exceed $4,300,000 Taxable General Obligation Bonds (Parking Ramp Project). One objection was heard. Written objections were filed. 0470-04-12, instituting proceedings to take additional action for the issuance of not to exceed $4,300,000 Taxable General Obligation Bonds (Parking Ramp Project). A public hearing was held to consider the authorization of the issuance of not to exceed $12,575,000 Taxable General Obligation Bonds (Downtown Hotel Project). One objection was heard. Written objections were filed. 0471-04-12, instituting proceedings to take additional action for the issuance of not to exceed $12,575,000 Taxable General Obligation Bonds (Downtown Hotel Project). A public hearing was held to consider the authorization of the issuance of not to exceed $12,650,000 Taxable General Obligation Bonds (Consolidated Central UR PCI Project). One objection was heard. Written objections were filed. 0472-04-12, instituting proceedings to take additional action for the issuance of not to exceed $12,650,000 Taxable General Obligation Bonds (Consolidated Central UR PCI Project). A public hearing was held to consider the authorization of the issuance of not to exceed $3,115,000 Taxable General Obligation Bonds (Amphitheater, Parking & New City Hall Project). One objection was heard. Written objections were filed. 0473-04-12, instituting proceedings to take additional action for the issuance of not to exceed $3,115,000 Taxable General Obligation Bonds (Amphitheater, Parking & New City Hall Project). A public hearing was held to consider the authorization of the issuance of not to exceed $6,000,000 Water Revenue Bonds. One objection was heard. No written comments or objections were filed. 0474-04-12, instituting proceedings to take additional action for the issuance of not to exceed $6,000,000 Water Revenue Bonds. A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 4,872 square-foot parcel of right-of-way located in formerly existing 14th Avenue SW easterly of and adjacent to 12th Avenue SW as requested by the City of Cedar Rapids. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 4,872 square-foot parcel of right-of-way located in formerly existing 14th Avenue SW easterly of and adjacent to 12th Avenue SW as requested by the City of Cedar Rapids, was presented and read the first time. Council member Vernon 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. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land between 11th Avenue and 12th Avenue SE from the Cedar River to 2nd Street SE in connection with improvements to the downtown electric network. No comments or objections were heard or filed. 0475-04-12, execution of an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on Cityowned land between 11th Avenue and 12th Avenue SE from the Cedar River to 2nd Street SE in connection with improvements to the downtown electric network. A public hearing was scheduled to consider the execution of an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation. The public hearing was cancelled at the request of the Cedar Rapids Public Works Department and will be rescheduled for a later date. A public hearing was held to consider amending Chapter 61 of the Municipal Code, Traffic Regulations, by adding a definition for a school zone in section 61.001, establishing speed restrictions on various streets in section 61.029, and amending verbiage in section 61.066. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 61 of the Municipal Code, Traffic Regulations, by adding a definition for a school zone in section 61.001, establishing speed restrictions on various streets in section 61.029, and amending verbiage in section 61.066, was presented and read the first time. Council member Karr 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 Vernon. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett A public hearing was held to consider the disposition of excess City-owned residential property at 1317 J Street SW acquired through the Voluntary Property Acquisition Program. No comments or objections were heard or filed. 0476-04-12, authorizing the disposition of excess City-owned residential property at 1317 J Street SW acquired through the Voluntary Property Acquisition Program (FLOOD). A public hearing was scheduled to consider the disposition of excess City-owned residential property at 404 G Avenue NW, 405 G Avenue NW, and 437 G Avenue NW acquired through the Voluntary Property Acquisition Program. The public hearing was cancelled at the request of the Community Development Department and will be rescheduled for a later date. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Manhattan Pavilion – Ellis Park project (estimated cost is $75,000). No comments or objections were heard or filed. 0477-04-12, adopting plans, specifications, form of contract and estimated cost for the Manhattan Pavilion – Ellis Park project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Mohawk Park Water Service project (estimated cost is $50,000). No comments or objections were heard or filed. 0478-04-12, adopting plans, specifications, form of contract and estimated cost for the Mohawk Park Water Service project (FLOOD). Public comments were heard. Council member Karr moved to approve the Agenda; seconded by Council member Olson. Council member Shey requested that Item Number 44ff (Local Match Agreement with the State of Iowa for the funding application for the Cedar Rapids WPCF Interceptor Sewer Gate & Sewer Modifications project) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Olson moved to approve the Consent Agenda; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. April 24, 2012 – to consider the FY13 Consolidated Transit Funding Application to the Iowa Department of Transportation. b. April 24, 2012 – to consider a change of zone for property west of Edgewood Road SW and south of CRANDIC Railroad from A, Agriculture Zone District to I-2, General Industrial Zone District requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield. c. April 24, 2012 – to consider a change of zone for property east of Edgewood Road SW, west of 26th Street SW and south of 60th Avenue SW from A, Agriculture Zone District to I-2, General Industrial Zone District requested by Elmer F. Cech, Testamentary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield. d. April 24, 2012 – to consider a change of zone for property between 11th Avenue SE and 12th Avenue SE north of 3rd Street SE from I-2, General Industrial Zone District to C-3, Regional Commercial Zone Districts requested by Cedar Rapids City Market, Inc. and the City of Cedar Rapids. e. April 24, 2012 – to consider adoption of the FY12 Annual Action Plan for the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program. f. April 24, 2012 – to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation. g. April 24, 2012 – to consider the disposition of four City-owned commercial properties at 222 3rd Avenue SW, 615 K Avenue NW, 121 3rd Street SW, and 800 G Avenue NW and inviting competitive proposals for the redevelopment of these properties (FLOOD). h. April 24, 2012 – to consider the vacation and disposition of 927 3rd Street SW and 1014 2nd Street SW and to convey the same to Linn County (FLOOD). i. April 24, 2012 – to consider the disposition of excess City-owned residential property at 404 G Avenue NW, 405 G Avenue NW, and 437 G Avenue NW acquired through the Voluntary Property Acquisition program (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for April 24, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Convention Complex Parking Ramp (and Skywalk) project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on May 2, 2012 (parking ramp estimated cost is $10,500,000; skywalk estimated cost is $1,000,000). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for April 24, 2012 and advertising for bids by publishing notice to bidders for the Environmental Remediation Services for Flood Damaged Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on April 25, 2012 (estimated cost is $750,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. Blue Toad, 86 16th Avenue SW (new ownership); Capone’s, 1201 3rd Street SE (outdoor service for an event on April 19, 2012); Hacienda Las Glorias, 715 1st Avenue SW; Hacienda Las Glorias II, 4317 Center Point Road NE; Hometown Inn & Suites, 3315 Southgate Court SE; Hy-Vee #7 Club Room, 5050 Edgewood Road NE; Kum & Go #517, 3132 1st Avenue NE (new-formerly Discount Liquor); Regis Middle School, 735 Prairie Drive NE (5-day license for an event on April 13, 2012); R.G. Books, 3611 1st Avenue SE; Walgreen’s #12393, 5750 C Avenue NE (changing to Class E Liquor). 0479-04-12, approving payment of bills. 0480-04-12, approving payment of payroll. 0481-04-12, approving transfer of funds. 0482-04-12, approving the special event application for the Murals and More The Cedar Rapids Mural Trail event at 3rd Street SE between 2nd Avenue and 3rd Avenue SE on May 19, 2012. 0483-04-12, intent to assess for Solid Waste & Recycling clean up costs at 8 properties. 0484-04-12, intent to assess for Utilities – Water Division delinquent municipal utility bills at 28 properties. 0485-04-12, accepting the C Avenue NE, Blairs Ferry Road to East Robins Road Traffic Signals project, approving Performance Bond and authorizing issuance of final payment in the amount of $5,809.44 to Price Industrial Electric (original contract amount was $198,444.20; final contract amount is $193,648.04). 0486-04-12, accepting the 16th Avenue SW from Stoney Point Road to West Post Road Pavement Rehabilitation and Traffic Signals project, approving Performance Bond and authorizing issuance of final payment in the amount of $101,423.54 to L.L. Pelling Company (original contract amount was $1,945,443.43; final contract amount is $2,028,470.81). 0487-04-12, accepting the Kirkwood Boulevard SW from Kirkwood Court SW to Highway 30/151 and Miller Avenue SW Re-Alignment, Phase II project, approving Performance Bond and authorizing issuance of final payment in the amount of $123,258.05 to Pirc-Tobin Construction, Inc. (original contract amount was $2,361,783.45; final contract amount is $2,465,161.06). 0488-04-12, accepting the CEMAR Trail – Phase 2, 20th Street NE to 29th Street NE HMA Trail project, approving Performance Bond and authorizing issuance of final payment in the amount of $8,077.33 to Rathje Construction Company (original contract amount was $268,905.20; final contract amount is $269,244.48). 0489-04-12, accepting the Eastside Traffic Signal System Upgrading Project on Blairs Ferry Road NE from Center Point Road to C Avenue and 1st Avenue from 27th Street NE to 40th Street NE project, approving Performance Bond and authorizing issuance of final payment in the amount of $11,286.86 to Price Industrial Electric (original contract amount was $367,748; final contract amount is $376,228.56). 0490-04-12, accepting the Edgewood Road SW, from CRANDIC Railroad to Prairie Creek, Grading, Utilities, and Paving project, approving Performance Bond and authorizing issuance of final payment in the amount of $30,000 to C.J. Moyna & Sons, Inc. (original contract amount was $1,717,640.96; final contract amount is $1,777,273.57). 0491-04-12, revising Resolution No. 0334-03-12, to correct the name of the committee to the New South Downtown Parkade – 7th Avenue Design Advisory Committee. 0492-04-12, rescinding Resolution No. 0666-05-06 which established No Parking Anytime on the east side of 4th Street SW from 58th Avenue south for a distance of 450 feet, and establishing No Parking Anytime on the east side of 4th Street SW from 58th Avenue south through the 5900 block. 0493-04-12, rescinding Resolution No. 1414-8-86 which established a “loading zone 7:00 am – 6:00 pm” on the south side of 2nd Avenue SE from a point 30 feet east of 3rd Street extending easterly for a distance of 25 feet and establishing a new metered parking stall to replace the former loading zone. 0494-04-12, rescinding Resolution No. 0263-02-12 including dedication of Cedar Bluff Drive NW and approving the Final Plat of Ellis Park Church of God First Addition with the corrected street name of River Bluff Drive NW for property located at 2260 Edgewood Road NW. 0495-04-12, amending Resolution No. 0336-03-12 accepting work and fixing amount to be assessed and adopting and levying final schedule of assessments and providing for the payment thereof for the Williams Boulevard SW (Iowa 922/US 151Business): 8th Avenue to 16th Avenue Improvements Project. 0496-04-12, amending Resolution No. 0333-03-12 accepting work and fixing amount to be assessed and adopting and levying final schedule of assessments and providing for the payment thereof for the 18th Avenue SW from West Post Road to 1/4 Mile East Improvements project. 0497-04-12, accepting work and fixing amount to be assessed for the East Post Road over Indian Creek Bridge Replacement project. 0498-04-12, approving the depository limit for City State Bank. 0499-04-12, authorizing two Cedar Rapids Firefighters to attend Advanced Structural Collapse 3 training in College Station, TX for a total amount of $7,600. 0500-04-12, authorizing two Cedar Rapids Firefighters to attend Advanced Structural Collapse 4 training in College Station, TX for a total amount of $7,600. 0501-04-12, authorizing the location and the artists scope for the Convention Center Phase Two for public art not to exceed $35,000 within the total public art budget of $174,339. 0502-04-12, establishing program deadlines for the Steam Conversion and Operational Assistance Program (FLOOD). 0503-04-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for one property in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0504-04-12, authorizing the abatement and demolition of four commercial parcels under the Community Development Block Grant (CDBG) Program (FLOOD). 0505-04-12, permitting the registration of five parcels after the program deadline for the Voluntary Property Acquisition Program funded under the Iowa Economic Development Authority’s (IEDA) Community Development Block Grant (CDBG) Program (FLOOD). 0506-04-12, Amendment No. 4 to renew Agreement for Quarry Products with Crawford Quarry Company for the Public Works Department for an estimated annual amount of $65,000 (original contract amount was $350,000 for all suppliers; renewal contract amount is $65,000 for Crawford Quarry Company only). 0507-04-12, Amendment No. 4 to renew Agreement for Concrete Products with Metro Ready Mix, L.C. for the Public Works Department for an estimated annual amount of $285,000 (original contract amount was $350,000 for all suppliers; renewal contract amount is $285,000 for Metro Ready Mix, L.C. only). 0508-04-12, Amendment No. 4 to renew Agreement for Concrete Products with Croell Redi-Mix for the Public Works Department for an estimated annual amount of $50,000 (original contract amount was $350,000 for all suppliers; renewal contract amount is $50,000 for Croell Redi-Mix only). 0509-04-12, Amendment No. 3 to renew Agreement for Flexible Crack and Joint Sealant Material with Logan Contractors Supply, Inc. for the Public Works Department for an estimated annual amount of $60,000 (original contract amount was $50,000; renewal contract amount is $60,000). 0510-04-12, Amendment No. 2 in the amount of $7,120 with HDR Engineering, Inc. for additional design services not included in the original scope of services for the J Avenue Chlorine System Improvements project (original contract amount was $91,300; total contract amount with this amendment is $115,420). 0511-04-12, Amendment No. 3 to the Financial Assistance Award between the City of Cedar Rapids and the Economic Development Administration (EDA) for the Cedar Rapids Convention Complex. 0512-04-12, Change Order No. 12 in the amount of $77,523.16 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,337,625.95). 0513-04-12, Change Order No. 9 in the amount of $111,675.79 with Horsfield Construction Inc. for the 60th Avenue SW from Edgewood Road SW to 6th Street SW, Improvements – Phase 2 project (original contract amount was $4,177,999.65; total contract amount with this amendment is $4,374,869.06). 0514-04-12, accepting the established fair market value in the amount of $298,830 for the partial acquisition of right of way and a temporary grading easement for construction, which includes compensation to re-establish two advertising signs from 1002 4th Avenue SE, owned by CPC Properties, L.C. in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. 0515-04-12, Purchase Agreement in the amount of $815 and accepting an Easement for Drainage and Access and a temporary grading easement for construction from Daniel Spalding and Jeri Spalding from land located at 1801 Wilson Avenue SW in connection with the 18th Street SW Culvert Replacement project. 0516-04-12, Warranty Deed from Salem United Methodist Church of Cedar Rapids for additional right of way at the westerly end of Rapids Ridge Road NE as platted in Rapids Ridge Estates Third Addition. 0517-04-12, (2) Warranty Deeds for property purchased by the Cedar Rapids Airport Commission consisting of 1005 Wright Brothers Boulevard SW, owned by Jason M. Knapp and 1009 Wright Brothers Boulevard SW, owned by the Estate of Robert G. Zach. 0518-04-12, partial payment of retainage in the amount of $5,412.35 to Tricon Construction Group for the May’s Island Maintenance Package project (total contract amount is $440,247.04). 0519-04-12, Agreement for Asphalt Products with L.L. Pelling Company, Inc. for the Public Works Department for an amount not to exceed $650,000. 0520-04-12, Agreement for Road Oil Products with Flint Hills Resources, LP for the Public Works Department for an amount not to exceed $150,000. 0521-04-12, Agreement for Road Oil Products with Bituminous Materials & Supply, L.P. for the Public Works Department for an amount not to exceed $150,000. 0522-04-12, Fire Department purchase of a 2004 Freightliner Model M2 truck from Correct Truck & Trailer for a total purchase price of $34,900. 0523-04-12, Total Acquisition Purchase Agreement in the amount of $46,785.72 with RIMROCK, LLC for real property located at 1517 2nd Avenue SE. 0524-04-12, Development Agreement with Intermec Technologies Corporation for construction of a new office building at 601 3rd Street SE. Abstain, Council member Olson. 0525-04-12, contribution in an amount of $100,000 in FY 2012 to the Entrepreneurial Development Center (EDC). 0526-04-12, Amendment No. 1 to Review Services for Phase II Environmental Site Assessment (ESA) Reports with ProSource Technologies, Inc. to extend the term of the Agreement through December 31, 2012 and to reflect an additional 15 reviews for an amount not to exceed $6,000 (original contract amount was $32,000; total amount with this amendment is $38,000) (FLOOD). 0527-04-12, Amendment No. 2 to reflect confirmed lead based painted concrete in the amount of $18,075.20 and Amendment No. 3 to extend the term of the agreement through April 30, 2012 and to reflect the removal of approximately 180 cubic yards of compost material at $15 per cubic yard and replace with clean black fill dirt at $15 per cubic yard to D.W. Zinser Company for Demolition for Flood Damaged Structures – Brosh Chapel (original contract amount was $15,000; total amount with this amendment is $38,475.20) (FLOOD). 0528-04-12, Amendment No. 2 for Debris Monitoring Services for Various Flood Projects with Neel-Schaffer, Inc. to extend the term of the contract through December 31, 2012 and to reflect an increase in the scope of work for an amount not to exceed $56,000 (original contract amount was $71,400; total amount with this amendment is $127,400) (FLOOD). 0529-04-12, Amendment No. 1 to Environmental Remediation Services of Flood Damaged Structures with ECCO Midwest, Inc. to increase estimated quantities for an amount not to exceed $220,000 (original contract amount was $229,649; total amount with this amendment is $449,649) (FLOOD). 0530-04-12, Amendment No. 4 to the Local Option Sales Tax (LOST) Rental Rehabilitation Administrative Plan to add flexibility to the retention period and depreciation schedule requirements and set internal program deadlines (FLOOD). 0531-04-12, amending Resolution No. 1236-09-11 to reflect the correct coding for each project and to reflect the correct term of the initial Agreement with Neel-Schaffer, Inc. (FLOOD). 0532-04-12, Amendment No. 14 to the Grant Agreement with the Iowa Economic Development Authority (IEDA) for the Expanded Business Recovery Programs providing for an additional $6,000,000 (original grant award was $7,500,000; total grant award with this amendment is $66,000,000) (FLOOD). 0533-04-12, Amendment No. 2 to the Agreement for Private Redevelopment with Green Development 12th Avenue, LLC for the redevelopment of City-owned commercial property in the Consolidated Central Urban Renewal Area for property at 629 12th Avenue SE (FLOOD). 0534-04-12, Addendum No. 4 to the Agreement for Administrative Services for the Expanded Jumpstart Business Recovery Programs and Steam Conversion Programs with ProSource Technologies, Inc. to include administrative services of the Jumpstart Business 1 programs (FLOOD). 0535-04-12, Addendum No. 5 to the Agreement for Administrative Services for the Expanded Jumpstart Business Recovery Programs and Steam Conversion Programs with ProSource Technologies, Inc. to include an additional $6,000,000 in Business Assistance Programs (total grant award with this amendment is $53,300,753) (FLOOD). 0536-04-12, Agreement for Archaeological Services for the Engineering Division with Wapsi Valley Archaeology, Inc. for a total annual amount not to exceed $50,000 (FLOOD). 0537-04-12, Special Warranty Deed conveying City-owned property located at 418 B Avenue NW to Affordable Housing Network, Inc. through the Residential Property Disposition Program (FLOOD). Abstain, Council member Gulick. 0538-04-12, Memorandum of Agreement (MOA) with Federal Emergency Management Agency (FEMA), Iowa Homeland Security and Emergency Management Division (IHSEMD), and State Historical Preservation Office (SHPO) regarding the demolition of Link-Belt Speeder Corporation Building, now known as the Cedar Rapids Public Works Building (FLOOD). 0539-04-12, Local Match Agreement with the State of Iowa for the funding application for the Cedar Rapids Water Pollution Control Facility (WPCF) Interceptor Sewer Gate & Sewer Modifications project (FLOOD). Report on bids for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project. (Rob Davis) LL Pelling Company, Inc., North Liberty, IA $1,328,619.50 0540-04-12, awarding and approving contract in the amount of $1,328,619.50 plus incentive up to $33,000, bond and insurance of L.L. Pelling Company, Inc. for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project (estimated cost is $1,430,000). Report on bids for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project. (Rob Davis) BWC Excavating, LC, Solon, IA Curtis Contracting Corp., Ely, IA Anne Duffield Construction, Inc., Cedar Rapids, IA Pirc-Tobin Construction, Inc., Alburnett, IA $185,177.50 $244,027.50 *$255,785.00 $344,460.50 *multiplication errors in bid 0541-04-12, awarding and approving contract in the amount of $185,177.50 plus incentive up to $4,000, bond and insurance of BWC Excavating, LC for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project (estimated cost is $260,000). Abstain, Council member Gulick. Discussing regarding Item Number 47: Rob Davis A discussion was held in regard to various alternatives, including the proposal to reject all bids, in connection with bids received on March 21, 2012 for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project (estimated cost is $990,000). 0542-04-12, awarding and approving contract in the amount of $828,450.19 plus incentive up to $24,200, bond and insurance of Rathje Construction Co. for the 74th Street NE from West Park Road to 500’ West of White Ivy Place Reconstruction Project (estimated cost is $990,000). Nays, Council members Gulick, Karr and Olson. Discussion regarding Item Number 48: Adam Lindenlaub and Christine Butterfield 0543-04-12, selecting a redevelopment proposal and directing the development of a Term Sheet with Penford Products Co. for property at 1115 C Street SW, a/k/a Riverside Park. Discussion regarding Item Number 49: Tom Peterson 0544-04-12, amending Resolution No. 0060-01-03 relating to the Revised Major Preliminary Plat of Summerfield Addition located south of East Main Street and west of C Avenue NE and owned by Butschi Real Estate Company as requested by Hy-Vee, Inc. Discussion regarding Item Number 50: Paula Mitchell and Caleb Mason 0545-04-12, approving the Administrative Plan and establishing local criteria for the Fourth Round of the Multi-Family New Construction Program (FLOOD). Ordinance No. 023-12, being an Ordinance repealing Chapter 33 of the Municipal Code, Building Code, and enacting and adopting in lieu thereof a new Building Code and the 2012 editions of the International Building and International Residential Building Codes with modifications, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Vernon was absent for this vote. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Vernon was absent for this vote. Ordinance No. 024-12, being an Ordinance repealing Chapter 36 of the Municipal Code, Mechanical Code, and enacting and adopting in lieu thereof a new Mechanical Code and the 2012 editions of the International Mechanical Code and the International Fuel Gas Code with modifications, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Vernon was absent for this vote. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Vernon was absent for this vote. Ordinance No. 025-12, being an Ordinance repealing Chapter 29 of the Municipal Code, Housing Code, and enacting and adopting in lieu thereof a new Housing Code and the 2012 edition of the International Property Maintenance Code with modifications, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Vernon was absent for this vote. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Vernon was absent for this vote. Ordinance No. 026-12, being an Ordinance granting a change of zone for property at 2001 Stoney Point Road SW from A, Agricultural Zone District to R-3, Single Family Residence Zone District as requested by Red Rock Developing, LLC, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 027-12, being an Ordinance granting a change of zone for property at 1230 English Lane NE from O-S, Office/Service Zone District to RMF-1, Multiple-Family Residence Zone District as requested by Real Estate Equities Development Company and Boyson Park Land Company, LLC., was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 028-12, being an Ordinance vacating public ways and grounds in and to the property described as an 89,344 square-foot parcel of right of way located in formerlyexisting 11th Street SW between 8th Avenue and 14th Avenue SW as requested by Cedar Rapids and Iowa City Railway Company (CRANDIC), was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 0546-04-12, authorizing the disposition of property described as an 89,344 square-foot parcel of right of way located in formerly-existing 11th Street SW between 8th Avenue and 14th Avenue SW, accepting an Easement for Utilities and executing a Quit Claim Deed as requested by Cedar Rapids and Iowa City Railway Company (CRANDIC). Ordinance No. 029-12, being an Ordinance granting a change of zone for property north of 76th Avenue Drive SW and east of Kirkwood Boulevard SW from O-S, Office/Service Zone District and A, Agriculture Zone District to PUB, Public Zone District as requested by the City of Cedar Rapids, Area Ten Community College and Kirkwood Community College (FLOOD), was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Olson was absent for this vote. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Olson was absent for this vote. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 6:48 p.m. to meet Tuesday, April 24, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Abstain, Council member Gulick Abstain, Council member Olson Nay, Council member Gulick Nay, Council member Karr Nay, Council member Olson From: Butterfield, Christine R. Sent: Wednesday, April 18, 2012 9:43 AM To: City Council Cc: Pomeranz, Jeff; Potter, Barb; Stevenson, Amy Subject: Names of Partners - Red Rock Developing, LLC Good Morning The information below is provided in response to a City Council question raised at the meeting on 4/10/12. Please let staff know if you need additional information. Thank you! Christine Butterfield From: Mason, Caleb W. Sent: Wednesday, April 18, 2012 9:01 AM To: Butterfield, Christine R. Cc: Larson, Brad A. Subject: Red Rock Developing, LLC Red Rock Developing, LLC include the following members: Wes Howard (also owns Cedar Ridge Homes) 319-981-2453 weshowardhome@netzero.net Dave Vanous (also partner in V&B Enterprises) 319-270-1032 dzekezoey@aol.com both have participated in the SFNC program and were high performers. Let me know if you need anything else Caleb Mason Community Development Department City of Cedar Rapids, 1211 6th Street SW Cedar Rapids, Iowa 52404 Office: (319) 286-5188 Cell: (319) 521-7678 Fax: (319) 286-5870 Email: c.mason@cedar-rapids.org Website: www.cedar-rapids.org MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA April 24, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 1st Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. The invocation was given by Police Chaplain Ken Glandorf. Pledge of Allegiance The National Environmental Hall of Fame Award for new Library design was presented to Mayor Corbett, Council members Shey and Vernon and various individuals by Allen Rubin on behalf of the National Environmental Hall of Fame. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the FY13 Consolidated Transit Funding Application to the Iowa Department of Transportation (IDOT). No comments or objections were heard or filed. 0547-04-12, authorizing Cedar Rapids Transit to submit the FY13 Consolidated Transit Funding Application to the Iowa Department of Transportation (IDOT). A public hearing was held to consider a change of zone for property west of Edgewood Road SW and south of CRANDIC Railroad from A, Agriculture Zone District to I-2, General Industrial Zone District as requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property west of Edgewood Road SW and south of CRANDIC Railroad from A, Agriculture Zone District to I-2, General Industrial Zone District as requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield, was presented and read the first time. Council member Vernon 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 Olson. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property east of Edgewood Road SW, west of 26th Street SW and south of 60th Avenue SW from A, Agriculture Zone District to I-2, General Industrial Zone District as requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property east of Edgewood Road SW, west of 26th Street SW and south of 60th Avenue SW from A, Agriculture Zone District to I-2, General Industrial Zone District as requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield, was presented and read the first time. Council member 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 Vernon. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property between 11th Avenue SE and 12th Avenue SE north of 3rd Street SE from I-2, General Industrial Zone District to C-3, Regional Commercial Zone Districts as requested by Cedar Rapids City Market, Inc. and the City of Cedar Rapids. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property between 11th Avenue SE and 12th Avenue SE north of 3rd Street SE from I-2, General Industrial Zone District to C-3, Regional Commercial Zone Districts as requested by Cedar Rapids City Market, Inc. and the City of Cedar Rapids (FLOOD), was presented and read the first time. Council member Vernon 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 Olson. Approved. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Poe. A public hearing was held to consider adoption of the FY12 Annual Action Plan for the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program. No comments or objections were heard or filed. A public hearing was held to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation. No comments or objections were heard or filed. 0548-04-12, Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land southeasterly of 9th Avenue SE and the Cedar Rapids and Iowa City (CRANDIC) railroad tracks from the Cedar River to 2nd Street SE in connection with improvements to electric service to Penford Products Co. from the new River Run Substation. A public hearing was scheduled to consider the disposition of four City-owned commercial properties at 222 3rd Avenue SW, 615 K Avenue NW, 121 3rd Street SW, and 800 G Avenue NW and inviting competitive proposals for the redevelopment of these properties. The public hearing was cancelled at the request of the Community Development Department and will be rescheduled for a later date. A public hearing was held to consider the disposition of property at 927 3rd Street SW and 1014 2nd Street SW and to convey the same to Linn County. No comments or objections were heard or filed. 0549-04-12, authorizing disposition of property at 927 3rd Street SW and 1014 2nd Street SW and to convey the same to Linn County (FLOOD). A public hearing was held to consider the disposition of excess City-owned residential property at 404 G Avenue NW, 405 G Avenue NW and 437 G Avenue NW acquired through the Voluntary Property Acquisition Program. No comments or objections were heard or filed. 0550-04-12, authorizing disposition of excess City-owned residential property at 404 G Avenue NW, 405 G Avenue NW and 437 G Avenue NW acquired through the Voluntary Property Acquisition Program (FLOOD). Nay, Council member Karr. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Parking Ramp (and Skywalk) project (parking ramp estimated cost is $10,500,000; skywalk estimated cost is $1,000,000). One comment was heard. No written comments or objections were filed. 0551-04-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Parking Ramp (and Skywalk) project. A public hearing was held to consider the specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Structures (estimated cost is $750,000). No comments or objections were heard or filed. 0552-04-12, adopting specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Structures (FLOOD). Public comments were heard. Council member Karr moved to approve the Agenda; seconded by Council member Vernon. Council member Vernon requested that Item Number 34 (Resolution referring to the Linn County Compensation Commission the partial acquisition of right-of-way and a temporary grading easement for construction which includes compensation to re-establish two advertising signs from 1002 4th Avenue SE, owned by CPC Properties, L.C., in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. May 8, 2012 – to consider the vacation of public ways and grounds in and to the property described as a 3,801 square-foot parcel of right-of-way located in the formerly existing alley easterly of 8th Street NW and between C Avenue and D Avenue NW as requested by the City of Cedar Rapids. b. May 8, 2012 – to consider repealing Chapter 35 of the Municipal Code, Plumbing Code, and enacting and adopting in lieu thereof a new Plumbing Code and the 2012 edition of the Uniform Plumbing Code with modifications. c. May 8, 2012 – to consider repealing Chapter 37 of the Municipal Code, Fire Code, and enacting and adopting in lieu thereof a new Fire Code and the 2012 edition of the International Fire Code with modifications. d. May 8, 2012 – to consider amending Ordinance No. 023-11 which granted a natural gas franchise to MidAmerican Energy Company to impose a franchise fee in the amount of one percent. e. May 8, 2012 – to consider the disposition and redevelopment of excess City-owned properties for participation in the Multi-Family New Construction Program (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for May 8, 2012 and advertising for bids by publishing notice to bidders for the Harrison Elementary Sidewalks project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on May 16, 2012 (estimated cost is $84,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for May 8, 2012 and advertising for bids by publishing notice to bidders for the 3rd Avenue SE at Grande Avenue SE Sanitary Sewer Improvements project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on May 9, 2012 (estimated cost is $100,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for May 8, 2012 and advertising for bids by publishing notice to bidders for the CR Transit Bus Garage project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on May 16, 2012 (estimated cost is $3,700,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for May 8, 2012 and advertising for bids by publishing notice to bidders for the NW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on May 16, 2012 (estimated cost is $710,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for May 8, 2012 and advertising for bids by publishing notice to bidders for the SW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on May 16, 2012 (estimated cost is $540,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for May 8, 2012 and advertising for bids by publishing notice to bidders for the City of Cedar Rapids Water Pollution Control Facility Permanent Flood Repairs Package 3 Intermediate Lift, Final Lift, Secondary Treatment, Unit Substations 3 & 7, Cryogenic Oxygen Generation, and Activated Sludge project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on May 30, 2012 (estimated cost is $9,200,000) (FLOOD). Motion authorizing publication of a public notice that on May 8, 2012 a resolution will be considered to execute a Rental Agreement with Koch Brothers for the rental of nine Lanier digital copiers. Motion approving the beer/liquor/wine applications of: a. Benz Beverage Depot, 501 7th Avenue SE (5-day Class B Beer Permit for an event on May 12, 2012); b. Biaggi’s Ristorante Italiano, 320 Collins Road NE; c. Butterfly Café, 2727 6th Street SW; d. Cactus Mexican Restaurant & Cantina, 588 Boyson Road NE #124 (newformerly Leo’s Pizzeria); e. Capone’s, 1201 3rd Street SE (outdoor service for an event on May 25, 2012); f. g. h. i. j. k. l. m. n. o. p. q. Capone’s, 1201 3rd Street SE (outdoor service for Friday events from May 11 to August 31, 2012-rainout location for Uptown Friday Nights); Cedar River Landing, 301 F Avenue NW (outdoor service for an event on May 27, 2012); Cork ‘n Fork Deli ‘n Grill, 2835 Mt. Vernon Road SE; Green Gable Inn, 1227 J Avenue NE; Happy Joe’s Pizza, 5070 Lindale Drive NE; Loyal Order of Moose Lodge #304, 1820 West Post Road SW; Paddy O’Rourke’s, 608 16th Street NE (outdoor service for an event on May 5-6, 2012); Planet X, 255 Collins Road NE (permanent transfer to 4444 1st Avenue NE Suite 300, formerly Theatre Cedar Rapids); Red Frog, 88 16th Avenue SW (new ownership); Sip N Stir, 1119 1st Avenue SE (outdoor service for an event on May 2-3, 2012); Tic Toc, 600 17th Street NE; Vernon Inn, 2663 Mt Vernon Road SE. 0553-04-12, approving payment of bills. 0554-04-12, approving payment of payroll. 0555-04-12, appointing Lijun Chadima (effective through June 30, 2014), James Piersall (effective through June 30, 2014), Dale Todd (effective through June 30, 2014), Todd McNall (effective through June 30, 2015), Jon Jelinek (effective through June 30, 2015), Ruth Fox (effective through June 30, 2015) and Monica Davis (effective through June 30, 2015) to the Design Review Technical Advisory Committee. 0556-04-12, approving the “Juneteenth” event at Gibson and Hidder Parks and on a portion of 10th Street SE between 12th and 14th Avenues on June 16, 2012 (including street closures). 0557-04-12, approving the New Bo Fest Half Marathon event on public property streets, sidewalks and trails on September 2, 2012 (includes street closures). 0558-04-12, intent to assess for Utilities – Water Division delinquent municipal utility bills at 29 properties. 0559-04-12, levy assessment for Utilities – Water Division delinquent municipal utility bills at 13 properties. 0560-04-12, accepting sanitary sewer in Cedar Ridge Place Fourth Addition and approving 2-year Maintenance Bond submitted by Abode Construction Inc. in the amount of $37,725. 0561-04-12, accepting sanitary sewer in Cedar Ridge Place Fourth Addition and approving 2-year Maintenance Bond submitted by Maxwell Construction, Inc. in the amount of $50,813.75. 0562-04-12, accepting storm sewer in Cedar Ridge Place Fourth Addition and approving 2-year Maintenance Bond submitted by Maxwell Construction, Inc. in the amount of $43,326. 0563-04-12, accepting Portland Cement Concrete pavement in Cedar Ridge Place Fourth Addition and approving 4-year Maintenance Bond submitted by Streb Construction Co., Inc. in the amount of $49,500. 0564-04-12, accepting the 27th Street Drive SE West of 2nd Avenue SE Sanitary Sewer Improvements project, approving Performance Bond and authorizing issuance of final payment in the amount of $5,345 to Eastern Iowa Excavating & Concrete LLC (original contract amount was $86,585.70; final contract amount is $106,900). 0565-04-12, accepting the Sinclair Site Flood Valve Installation project and approving Performance Bond of BG Brecke, Inc. (original contract amount was $23,862.76; final contract amount is $23,862.76). 0566-04-12, accepting the Cedar Rapids Water Division Well Field 15 kV Electric Cable Replacement project and authorizing issuance of final payment in the amount of $18,942.25 to Price Industrial Electric Inc. (original contract amount was $388,845; final contract amount is $378,845). 0567-04-12, approving the Final Plat of Klouda Second Addition, located at 12300 6th Street SW. 0568-04-12, approving the Final Plat of Cedar Ridge Place Fifth Addition, located on both sides of Aldridge Drive SW between Brighton Circle SW and Brighton Way SW. 0569-04-12, approving the Minor Preliminary Plat of Benish Second Addition for property at Tharp Road SW as requested by ITC Midwest LLC, Marlyn D. Benish, Darrell L. Benish, Janice Howell and Janelle A. Benish. 0570-04-12, approving the installation of stop signs on all approaches of the intersection of M Avenue and Wolf Drive NW. 0571-04-12, approving the installation of stop signs on both approaches of Moose Drive NW at Koudsi Boulevard NW, requiring all traffic on Moose Drive NW to stop for traffic on Koudsi Boulevard NW. 0572-04-12, revising the sidewalk café lease rates as established in the Administrative Guide to add a provision for a $10 per year lease fee (flat fee in place of $5 per square foot currently specified) as an incentive to promote and encourage business growth and economic development in and around flood affected areas following the 2008 flood. 0573-04-12, authorizing assignment of interest in contracts/loan agreements/promissory notes for certain Jumpstart 1 and Business Rental Assistance applicants to the Iowa Economic Department Authority (IEDA). 0574-04-12, authorizing the abatement and demolition of two commercial parcels under the Community Development Block Grant Program (CDBG) (FLOOD). 0575-04-12, clarifying the disposition of properties to Affordable Housing Network, Inc. through the Residential Property Disposition Program (FLOOD). Abstain, Council member Gulick. 0576-04-12, directing the advertisement of the May 8th sale of $11,640,000 General Obligation Bonds, Series 2012A; $11,810,000 Taxable General Obligation Urban Renewal Bonds, Series 2012B; $59,570,000 Taxable General Obligation Urban Renewal Bonds, Series 2012C; $2,915,000 Taxable General Obligation Urban Renewal Bonds, Series 2012D, and $15,325,000 General Obligation Refunding Bonds, Series 2012F, and approving electronic bidding procedure and the Official Statements. 0577-04-12, directing the advertisement of the May 8th sale of $5,830,000 Water Revenue Bonds, Series 2012E and approving electronic bidding procedure and the Official Statements. 0578-04-12, authorizing the Redemption of Outstanding General Obligation Bonds of $1,400,000, Series 2003C, dated September 1, 2003. 0579-04-12, authorizing the City Council to allocate up to $30,000,000 in Local Option Sales Tax (LOST) funds for the rehabilitation of facilities, flood protection and flood project worksheet cost. Abstain, Council member Poe. 0580-04-12, Amendment No. 4 to the Agreement with Neumann Brothers, Inc. specifying an increased amount of $3,557 for Construction Management Services in connection with the May’s Island Maintenance Package project (original contract amount was $3,382,480; total contract amount with this amendment is $3,514,638.99). 0581-04-12, Amendment No. 2 to the Professional Services Agreement with Howard R. Green Company for an amount not to exceed $31,319 for additional work to the WPCF Roughing Filter Dome #2 Replacement and Corrosion Repair project (original contract amount was $87,100; total contract amount with this amendment is $149,927). 0582-04-12, Amendment No. 1 to renew Utilities Agreement with Control System Integrators, Inc. to provide integration services on an as needed basis for a total estimated annual amount not to exceed $100,000 (original contract amount was $100,000; renewal contract amount is $100,000). 0583-04-12, Amendment No. 4 to renew Agreement for Traffic Signal Pole Assemblies with Valmont Industries, c/o Electrical Products for Traffic Engineering for the estimated annual expenditure of $125,000. (original contract amount was $40,000; total contract amount with this amendment is $415,000). 0584-04-12, Amendment No. 4 to renew Agreement for Quarry Products with Wendling Quarries, Inc. for the Public Works Department for an estimated annual amount of $90,000 (original contract amount was $350,000 for all suppliers; renewal contract amount is $90,000 for Wendling Quarries, Inc. only). 0585-04-12, Amendment No. 3 to renew the Beverage Concession Products Agreement with Pepsi Americas and reflect price adjustments for the 2012 season for an amount not to exceed $84,800 (original contract amount was $70,000; renewal contract amount is $84,800). 0586-04-12, Amendment No. 1 to the Agreement for Citywide Hoist and Crane Inspection Services with Konecranes for an estimated annual amount not to exceed $50,000. 0587-04-12, Change Order No. 4 for an amount of $5,932.49 with Tricon Construction Group for the May’s Island Maintenance Package project (original contract amount was $403,000; total contract amount with this amendment is $446,179.53). 0588-04-12, Change Order No. 11 in the amount of $10,113.28 with Rathje Construction Company for the 3rd Street SE Reconstruction and Streetscape Improvements from 8th Avenue SE to 14th Avenue SE project (original contract amount was $3,233,354.60; total contract amount with this amendment is $3,460,316.84). Abstain, Council member Poe. 0589-04-12, Change Order No. 5 in the amount of $135,829 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $28,746,074). Abstain, Council member Swore. 0590-04-12, Change Order No. 5 in the amount of $38,377 with Modern Piping Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,084,559). Abstain, Council member Swore. 0591-04-12, Change Order No. 4 in the amount of $216,139 with Paulson Electric for the Cedar Rapids Convention Complex Electrical Contract project (original contract amount was $8,437,635; total contract amount with this amendment is $8,515,920). 0592-04-12, Change Order No. 13 in the amount of $59,350.67 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,337,625.95). 0593-04-12, 28E Agreement with the City of Marion for joint project funding in the amount of $2,074 in connection with the City of Marion, IA 2012 Sidewalk Assessment project. 0594-04-12, Warranty Deed in consideration of $1 and other valuable consideration submitted by Casey’s Marketing Co. for additional right-of-way on Mt. Vernon Road SE and 34th Street SE in connection with the Casey’s store located at 3349 Mt. Vernon Road SE. 0595-04-12, Corrective Quit Claim Deed from the City of Cedar Rapids to Cargill, Inc. for a 9,658 square-foot parcel of vacated right-of-way located in formerly-existing 7th Street NE between C Avenue NE and Dewey Avenue NE. 0596-04-12, Quit Claim Deed for right-of-way from the Linn County Trails Association for land located north of Blairs Ferry Road NE and east of C Avenue NE along the former Canadian National Railroad line in connection with the Lindale Trail project. 0597-04-12, Interlocal FY 2012 Byrne Justice Assistance Grant (JAG) Agreement between the City of Cedar Rapids and County of Linn. 0598-04-12, renewal of ESRI GIS Software Maintenance with Environmental Systems Research Institute, Inc. (original contract amount was $54,036.29; renewal contract amount is $55,776.29). 0599-04-12, Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $458,243 for the WPC Cryogenic Plant Upgrade project. 0600-04-12, revoking sponsorship of a Financial Assistance Contract between the Iowa Economic Development Authority (IEDA) and Vertecra, Inc. (formerly known as AgSugar International, Inc.) for expansion of an existing industrial facility at 1129 Wenig Road NE. 0601-04-12, Fleet Services Division purchase of one pickup truck from Karl Chevrolet for a total amount of $28,786.50. 0602-04-12, Fleet Services Division purchase of a Toro Reelmaster mower from MTI Distributing for a total amount of $40,656.17. 0603-04-12, Fleet Services Division purchase of three Chevrolet Caprice police patrol vehicles (detective package), from Karl Chevrolet, for an amount of $26,434 each, total amount of $79,302. 0604-04-12, Fleet Services Division purchase of seven Chevrolet Caprice police patrol vehicles (patrol package) from Karl Chevrolet, for an amount of $26,689 each, total amount of $186,823. 0605-04-12, Agreement for JCN Underground Conduit and Handhole Access with Iowa Network Services for the Public Works Department for an amount not to exceed $200,500. 0606-04-12, Agreement for City Hall Landscaping Services with Country Landscapes, Inc. for the Public Works Department for an amount not to exceed $61,962. 0607-04-12, Agreement for Moving Services – City Hall with Hawkeye Moving Services, Inc. for an amount not to exceed $34,823.50. 0608-04-12, purchase order in the amount of $73,088 to Trident Process Inc. for replacement of two Lightnin Model 77Q30 Gearboxes at WPCF (sole source). 0609-04-12, purchase order in the amount of $32,233 to Zimmer and Francescon, Inc. for replacement of a Fairbanks Morse 24” Impellor at WPCF (sole source). 0610-04-12, Amendment No. 1 to the Design Agreement with the Department of the Army to allow the Department of the Army to use City funds at an accelerated rate to continue design of the City’s Preferred Flood Management System along the east side of the Cedar River (FLOOD). 0611-04-12, Amendment No. 1 to the Disposition Process for City Acquired FloodDamaged Properties (FLOOD). 0612-04-12, Amendment No. 2 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $9,200 for Environmental Consulting services in connection with the Animal Control Facility project (original contract amount was $36,200; total contract amount with this amendment is $45,400) (FLOOD). 0613-04-12, Amendment No. 4 to the Professional Services Agreement with Barker Lemar Engineering Consultants specifying an increased amount not to exceed $18,065.95 for professional services in connection with the Cedar Rapids Public Library project (original contract amount was $28,390; total contract amount with this amendment is $114,005.95) (FLOOD). 0614-04-12, Amendment No. 1 to Demolition Services for Flood Damaged Residential Structures with Kelly Demolition LLC to reflect a specification change for an amount not to exceed $64,800 (original contract amount was $538,806.25; total contract amount with this amendment is $603,606.25) (FLOOD). 0615-04-12, Amendment No. 1 to reflect the removal of a discovery item in the amount of $9,575 with D.W. Zinser Company for Demolition for Flood Damaged Structure – Time Check (original contract amount was $32,850; final contract amount with this amendment is $42,425) (FLOOD). 0616-04-12, Amendment No. 6 to the Environmental Assessment Services for Flood Damaged Commercial Structures Agreement with Impact7G to reflect cost for 14 additional properties for an amount not to exceed $58,650 (original contract amount was $43,730; total contact amount with this amendment is $166,225) (FLOOD). 0617-04-12, amending Resolution No. 0527-04-12 to delete Amendment No. 3 with D.W. Zinser Company (original contract amount was $15,000; final contract amount is $33,075.20) (FLOOD). 0618-04-12, amending Resolution No. 0375-03-12 and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $480.02 to Kelly Demolition, LLC for Demolition for Flood Damaged Structures (original contract amount was $462,460; final contract amount is $855,796.16) (FLOOD). 0619-04-12, amending Resolution No. 0108-01-12 and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $68.75 to BWC Excavating, LC for Demolition for Flood Damaged Structures (original contract amount was $630,943.65; final contract amount is $636,261.16) (FLOOD). Abstain, Council member Gulick. 0620-04-12, Change Order No. 1 in the amount of $79,031 with Knutson Construction Services Midwest, Inc. for the Cedar Rapids Public Library General Contractor Bid Bundle (original contract amount was $14,235,000; total contract amount with this amendment is $14,314,031) (FLOOD). 0621-04-12, Change Order No. 2 in the amount of $21,742 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $6,492,762) (FLOOD). Abstain, Council member Swore. 0622-04-12, Change Order No. 6 in the amount of $10,992 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,529,873) (FLOOD). Abstain, Council member Swore. 0623-04-12, Professional Services Agreement with Sebesta Blomberg for an amount not to exceed $106,791 for Building Commissioning services in connection with the Public Works Building Flood Recovery project (FLOOD). 0624-04-12, Special Warranty Deed conveying City-owned property located at 516 8th Street NW to Affordable Housing Network, Inc. through the Residential Property Disposition program (FLOOD). Abstain, Council member Gulick. 0625-04-12, agreement for above ground fuel storage tanks with Acterra Group, Inc. for Fleet Services for an amount not to exceed $103,099.68 (FLOOD). 0626-04-12, awarding and approving contract for an amount not to exceed $43,220, bond and insurance of BWC Excavating LC for the Demolition Services for Commercial Structure-Bob’s Wholesale Cars and Parking Lot Areas (FLOOD). Abstain, Council member Gulick. 0627-04-12, accepting project and authorizing issuance of final payment in the amount of $358,897.66 to ServPro of Cedar Rapids, Iowa for flood remediation work at City facilities (total contract amount is $659,654.25) (FLOOD). 0000-00-00, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) the partial acquisition of right-of-way and a temporary grading easement for construction which includes compensation to re-establish two advertising signs from 1002 4th Avenue SE, owned by CPC Properties, L.C., in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. Council member Olson announced that he would be abstaining from this vote. RESOLUTION FAILED – DIED FOR LACK OF A MOTION. Report on bids for the 1st St.-24th Ave.-Haven Court SW Water Main Replacement project. (Pat Ball) Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Connolly Construction, Inc., Peosta, IA Rathje Construction, Marion, IA Veith Construction Corp., Cedar Falls, IA * Tschiggfrie Excavating Co., Dubuque, IA $427,475.60 $452,126.25 $485,251.00 $496,053.00 $521,880.75 * corrected amount due to irregularity or math error in bid. 0628-04-12, awarding and approving contract in the amount of $427,475.60, bond and insurance of Dave Schmitt Construction Co, Inc. for the 1st St.-24th Ave.-Haven Court SW Water Main Replacement project (estimated cost is $ 512,000). Report on bids for the Cleaning, Repairing and Painting 4.0 MMG Steel Ground Storage Reservoir – Chandler Street Reservoir project. (Pat Ball) Champion Coatings Inc., Savage, MN M.K Painting, Inc., Wyandotte, MI George Kountoupes Painting Co., Lincoln Park, MI TMI Coatings, Inc., St. Paul, MN Linder Painting, Inc., Lincoln, NE Worldwide Industries Corp., Butler, PA J.R. Stelzer Co., Lincoln, NE Classic Protective Coatings, Inc., Menomonie, WI Horizon Bros Painting Corp., Howell, MI $248,000 $258,000 $270,000 $285,300 $307,630 $319,928 $321,000 $390,093 $450,900 0629-04-12, awarding and approving contract in the amount of $248,000, bond and insurance of Champion Coatings Inc. for the Cleaning, Repairing and Painting 4.0 MMG Steel Ground Storage Reservoir – Chandler Street Reservoir project (estimated cost is $500,000). Report on bids for the CRWPCF D-1 Clarifier Rehabilitation and DAFT A & B Improvements project. (Pat Ball) Rice Lake Construction Group, Deerwood, MN Staab Construction Corp., Marshfield, WI Gridor Construction Inc., Buffalo, MN WRH, Inc., Cedar Rapids, IA Tricon General Construction, Dubuque, IA Unzeitig Construction, Cedar Rapids, IA $2,314,600 $2,386,000 $2,558,700 $2,688,000 $2,922,000 $2,987,000 0630-04-12, awarding and approving contract in the amount of $2,314,600, bond and insurance of Rice Lake Construction Group for the CRWPCF D-1 Clarifier Rehabilitation and DAFT A & B Improvements project (estimated cost is $2,350,000). Report on bids for the Mohawk Park Water Service project. (Steve Krug) B.G. Brecke, Inc., Cedar Rapids, IA $35,000 0631-04-12, awarding and approving contract in the amount of $35,000, bond and insurance of B.G. Brecke, Inc. for the Mohawk Park Water Service project (estimated cost is $50,000) (FLOOD). Report on bids for the Manhattan Pavilion – Ellis Park project. (Steve Krug) Dean Driscoll Construction, Inc., Cedar Rapids, IA Tricon General Construction, Inc., Dubuque, IA $89,317 $128,700 0632-04-12, awarding and approving contract in the amount of $89,317, bond and insurance of Dean Driscoll Construction, Inc. for the Manhattan Pavilion – Ellis Park project (estimated cost is $75,000) (FLOOD). Ordinance No. 030-12, being an Ordinance vacating public ways and grounds in and to the property described as a 4,872 square-foot parcel of right-of-way located in formerly existing 14th Avenue SW easterly of and adjacent to 12th Avenue SW as requested by the City of Cedar Rapids, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 0633-04-12, establishing a condition to combine the vacated parcel (also known as Plat of Survey No. 1759 Parcel A) with adjacent property so as to constitute a single zoning lot and tax parcel as requested by the City of Cedar Rapids. Ordinance No. 031-12, being an Ordinance amending Chapter 61 of the Municipal Code, Traffic Regulations, by adding a definition for a school zone in section 61.001, establishing speed restrictions on various streets in section 61.029, and amending verbiage in section 61.066, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council communications were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 5:58 p.m. to meet Tuesday, May 8, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Nay, Council member Karr Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Poe Abstain, Council member Swore Cedar Rapids, Iowa, May 2, 2012; 4:30 p.m. City Council met in Special Session at the Kirkwood KTOS Center, 3375 Armar Drive, Room 127, Cedar Rapids, Iowa for a City Council Strategic Planning Follow-up Session. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shields, Swore and Vernon. Absent, Council member Shey. Also present were City Manager Jeff Pomeranz, Assistant to the City Manager Sandi Fowler, Legislative Liaison Angie Charipar, Community Development Director Christine Butterfield, Utilities Director Pat Ball, Flood Recovery Director Joe O’Hern, Finance Director Casey Drew, Human Resources Director Conni Huber, Interim Police Chief Tom Jonker, Parks and Recreation Director Julie Sina, Building Services Manager Kevin Ciabatti, Fire Chief Mark English, Information Technology Director Nic Roberts and Public Works Director Dave Elgin. Discussion was held in regard to goals the City Council established at a session on January 19, 2012, and presentations were heard from City staff. Meeting adjourned at 9:00 p.m. Sandi Fowler, Assistant to the City Manager MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA May 8, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shields, Swore and Vernon. Absent, Council member Shey. Also present were City Manager Jeff Pomeranz and City Attorney Mo Sheronick. The invocation was given by Police Chaplain Taha Tawil. Pledge of Allegiance Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider repealing Chapter 35 of the Municipal Code, Plumbing Code, and enacting and adopting in lieu thereof a new Plumbing Code and the 2012 edition of the Uniform Plumbing Code with modifications. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance repealing Chapter 35 of the Municipal Code, Plumbing Code, and enacting and adopting in lieu thereof a new Plumbing Code and the 2012 edition of the Uniform Plumbing Code with modifications, was presented and read the first time. Council member Vernon 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 Karr. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider repealing Chapter 37 of the Municipal Code, Fire Code, and enacting and adopting in lieu thereof a new Fire Code and the 2012 edition of the International Fire Code with modifications. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance repealing Chapter 37 of the Municipal Code, Fire Code, and enacting and adopting in lieu thereof a new Fire Code and the 2012 edition of the International Fire Code with modifications, was presented and read the first time. Council member 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 Karr. Approved. members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Ayes, Council A public hearing was held to consider amending Ordinance No. 023-11 which granted a natural gas franchise to MidAmerican Energy Company to impose a franchise fee in the amount of one percent. One objection was heard. No written comments or objections were filed. A public hearing was held to consider the disposition and redevelopment of excess Cityowned properties for participation in the Multi-Family New Construction Program. No comments or objections were heard or filed. 0634-05-12, authorizing the disposition and redevelopment of excess City-owned properties for participation in the Multi-Family New Construction Program (FLOOD). A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 3,801 square-foot parcel of right-of-way located in the formerly existing alley easterly of 8th Street NW and between C Avenue and D Avenue NW as requested by the City of Cedar Rapids. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 3,801 square-foot parcel of right-of-way located in the formerly existing alley easterly of 8th Street NW and between C Avenue and D Avenue NW as requested by the City of Cedar Rapids, was presented and read the first time. Council member 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 Swore. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the CR Transit Bus Garage project (estimated cost is $3,700,000). No comments or objections were heard or filed. 0635-05-12, adopting plans, specifications, form of contract and estimated cost for the CR Transit Bus Garage project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the City of Cedar Rapids Water Pollution Control Facility Permanent Flood Repairs Package 3 - Intermediate Lift, Final Lift, Secondary Treatment, Unit Substations 3 & 7, Cryogenic Oxygen Generation, and Activated Sludge project (estimated cost is $9,200,000). No comments or objections were heard or filed. 0636-05-12, adopting plans, specifications, form of contract and estimated cost for the City of Cedar Rapids Water Pollution Control Facility Permanent Flood Repairs Package 3 Intermediate Lift, Final Lift, Secondary Treatment, Unit Substations 3 & 7, Cryogenic Oxygen Generation, and Activated Sludge project. (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Harrison Elementary Sidewalks project (estimated cost is $84,000). No comments or objections were heard or filed. 0637-05-12, adopting plans, specifications, form of contract and estimated cost for the Harrison Elementary Sidewalks project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 3rd Avenue SE at Grande Avenue SE Sanitary Sewer Improvements project (estimated cost is $100,000). No comments or objections were heard or filed. 0638-05-12, adopting plans, specifications, form of contract and estimated cost for the rd 3 Avenue SE at Grande Avenue SE Sanitary Sewer Improvements project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the NW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (estimated cost is $710,000). No comments or objections were heard or filed. 0639-05-12, adopting plans, specifications, form of contract and estimated cost for the NW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the SW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (estimated cost is $540,000). No comments or objections were heard or filed. 0640-05-12, adopting plans, specifications, form of contract and estimated cost for the SW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (FLOOD). Public comments were heard. Council member Gulick moved to approve the Agenda; seconded by Council member Karr. City Manager Pomeranz requested that Item Number 22e (Environmental Remediation Services of Flood Damaged Structures, accepting project and Performance Bond, final payment in the amount of $42,600.95 to Environmental Works, Inc. (original contract amount was $1,279,235; final contract amount is $852,019.04) (FLOOD)) be removed from the Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Karr moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. May 22, 2012 – to consider the vacation of public ways and grounds in and to the property described as a 6,011 square-foot parcel of right-of-way located in the alley from 7th Street SE to 8th Street SE and between 1st Avenue SE and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the new Central Fire Station project. b. May 22, 2012 – to consider the fiscal year 2012 budget amendment. Motion filing specifications, form of contract, estimated cost, setting a public hearing date for May 22, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Residential Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on May 23, 2012 (estimated cost is $945,700) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for May 22, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Commercial Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on May 23, 2012 (estimated cost is $1,100,000) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for May 22, 2012 and advertising for bids by publishing notice to bidders for the Environmental Remediation Services for Flood Damaged Commercial Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on May 23, 2012 (estimated cost is $1,100,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. 3rd Street Saloon, 1201 3rd Street SE (transfer to McGrath Power Sports, 4645 Center Point Road NE for an event on May 31, 2012); b. ARA Gallery, 4850 Armar Drive SE (5-day license for an event on May 10-12, 2012); c. Beaver Creek Saloon, 1010 2nd Avenue SW; d. Blue Strawberry Coffee Company, 118 2nd Street SE (outdoor service for a sidewalk café); e. Cedar Rapids Unity, 4407 1st Avenue SW, #206 (5-day permit for an event at Greene Square Park on June 2, 2012); f. Chuck’s, 4958 Johnson Avenue NW; g. Cigarette Outlet #6, 1401 1st Avenue NE; h. Cigarette Outlet #7, 904 1st Avenue NW; i. Cedar Rapids Jaycees, 225 5th Avenue SW (transfer permit for 10 Uptown Friday Nights Events at Greene Square Park on May 25, June 1, June 8, June 15, June 22, June 29, July 6, July 13, July 20 and July 27, 2012); j. k. l. m. n. o. p. q. r. s. t. u. Double Inn, 629 Ellis Boulevard NW (outdoor service for an event on May 20-21, 2012); Elmcrest Country Club, 1000 36th Street NE; Hawkeye Convenience Store -16th Avenue, 250 16th Avenue SW (switching to Class E liquor); Hy-Vee #3 Club Room, 20 Wilson Avenue SW; Java Creek Café, 588 Boyson Road NE, #112 (new ownership); JM O’Malley’s, 1502 H Avenue NE; Mt Mercy University/ARAMark Services, 1330 Elmhurst Drive NE; Paddy O’Rourke’s, 608 16th Street NE (outdoor service for an event on May 1819, 2012); Red Baron Dance Club, 62 16th Avenue SW; Red Lion Lounge, 3970 Center Point Road NE; Time Out Lounge, 3230 16th Avenue SW (outdoor service for an event on May 1214, 2012); Tobacco Outlet Plus #520, 124 Collins Road NE. 0641-05-12, approving payment of bills. 0642-05-12, approving payroll 0643-05-12, approving transfer of funds. 0644-05-12, approving the special event applications for Houby Days activities and parade in Czech Village – New Bohemia area on May 18–20, 2012 (including street closures). 0645-05-12, approving the special event application for Cruisin’ the Boulevard car show and cruise event in the Time Check Park and Ellis Boulevard area on May 26, 2012 with a rain date of May 27, 2012 (including street closure). 0646-05-12, approving the special event application for Wellington Heights Initiative at 1415 Bever Avenue SE on May 17, 2012 (including street closure). 0647-05-12, approving the special event application for Preservation Showcase in the 200 block of 11th Avenue SE and Legion Arts Building (CSPS) on May 19, 2012 (including street closure). 0648-05-12, intent to assess for Solid Waste & Recycling clean-up costs at 3 properties. 0649-05-12, levy assessment for Solid Waste & Recycling clean-up costs at 1 property. 0650-05-12, intent to assess for Utilities – Water Division – delinquent municipal utility bills at 28 properties. 0651-05-12, levy assessment for Utilities – Water Division – delinquent municipal utility bills at 16 properties. 0652-05-12, accepting Sanitary sewer in 58th Avenue SW, Kennedy First Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, in the amount of $24,395. 0653-05-12, accepting Water system improvements installed in IBEW 1st Addition Lot 1 – Walgreens C Avenue NE and approving the Maintenance Bond submitted by Gee Grading & Excavating, Inc., in the amount of $20,838. 0654-05-12, accepting the Roosevelt Stair project, approving Performance Bond and authorizing issuance of final payment in the amount of $29,555 to Weitz Industrial, LLC (original contract amount was $591,100; final contract amount is 591,100). 0655-05-12, accepting the 74th Street NE From West Park Road to 500’ West of White Ivy Place Water Main and Sanitary Sewer project, approving Performance Bond and authorizing issuance of final payment in the amount of $14,377.26 to Connolly Construction Inc. (original contract amount was $327,775.35; final contract amount is $287,545.20). 0656-05-12, accepting the Veterans Memorial Stadium Sidewalk Replacement project and approving Performance Bond of Anne Duffield Construction, Inc. (original contract amount was $16,137.50; final contract amount is $16,785). 0657-05-12, accepting the Environmental Remediation Services of Flood Damaged Structures project and approving Performance Bond and authorizing issuance of final payment in the amount of $21,972.39 to ECCO Midwest, Inc. (original contract amount was $439,966.50; final contract amount is $439,447.20) (FLOOD). 0658-05-12, accepting the Environmental Remediation Services for Flood Damaged Structure-True North, Amendment No. 5 to reflect increased demolition debris in the amount of $176,452.02 and approving Performance Bond and authorizing issuance of final payment in the amount of $60,307.24 to Iowa-Illinois Taylor Insulation, Inc. (original contract amount was $42,916; final contract amount is $1,206,144.74) (FLOOD). 0659-05-12, accepting work and fixing amount to be assessed for the Kirkwood Boulevard SW from Kirkwood Court SW to Highway 30/151 & Miller Avenue SW Re-alignment, Phase II project. 0660-05-12, adopting the FY12 Annual Action Plan for the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program. 0661-05-12, approving a site, concept and timeline for a Request for Qualifications (RFQ) for the final design and installation of a southern gateway with signage and landscaping along I-380 adjacent to Lincolnway Park. 0662-05-12, approving the location and project scope for public art at the Amphitheater for an amount not to exceed $60,391. 0663-05-12, levying final schedule of assessments and providing for the payment thereof for the East Post Road Over Indian Creek Bridge Replacement project. 0664-05-12, declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original amounts paid in connection with specified projects. 0665-05-12, authorizing reclassification of the Legislative Liaison position. 0666-05-12, establishing Hotel-Motel allocation guidelines and rescinding Resolutions No. 1421-10-06 and 1624-11-06. 0667-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with Matthew 25 for property located at 714 F Avenue NW for the construction of singlefamily dwellings through the Single Family New Construction Program (SFNC) (FLOOD). 0668-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with Skogman Homes for property located at 714 H Avenue NW for the construction of single-family dwellings through the Single Family New Construction Program (SFNC) (FLOOD). 0669-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with Skogman Homes for property located at 725 G Avenue NW for the construction of single-family dwellings through the Single Family New Construction Program (SFNC) (FLOOD). 0670-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with AHNI Holdings, Inc. for property located at 815 G Avenue NW for the construction of single-family dwellings through the Single Family New Construction Program (SFNC) (FLOOD). Abstain, Council member Gulick. 0671-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for property located at 1009 H Avenue NW for the construction of single-family dwellings through the Single Family New Construction Program (SFNC) (FLOOD). 0672-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with Matthew 25 for property located at 1044 H Avenue NW for the construction of singlefamily dwellings through the Single Family New Construction Program (SFNC) (FLOOD). 0673-05-12, authorizing execution of a Development Agreement and Special Warranty Deed with Skogman Homes for property located at 1137 11th Street NW for the construction of single-family dwellings through the Single Family New Construction Program (SFNC) (FLOOD). 0674-05-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for one property in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0675-05-12, permitting the registration of parcels after the program deadline for the Voluntary Property Acquisition Program funded under the Iowa Economic Development Authority’s (IEDA) Community Development Block Grant (CDBG) Program (FLOOD). Abstain, Council member Karr. 0676-05-12, Amendment No. 2 to the Agreement for Police Patrol Vehicle Electronics Installation with Graybill Communications to reflect the additional scope of work to provide ChargeGuard Select and install computer mounting equipment in Fire vehicles (original contract amount was $51,712.50; total amount with this amendment is $86,116.50). 0677-05-12, Amendment No. 3 to renew Agreement for Garbage Carts for the Solid Waste & Recycling Division with Rehrig Pacific Company for a total annual amount not to exceed $43,200 (original contract amount was $1,460,800, renewal contract amount is $43,200). 0678-05-12, Amendment No. 4 to renew Agreement for New Tires, Retread Tires and Repair Services with Bauer Built Tire for the Fleet Services Division for an estimated annual amount of $200,000 (original contract amount was $200,000; renewal contract amount is $200,000). 0679-05-12, Amendment No. 2 to the Professional Services Agreement with AndersonBogert Engineers & Surveyors, Inc. specifying an increased amount not to exceed $62,422 for design services in connection with the 10th Street SE Improvements from 1st Avenue to 4th Avenue project (original contract amount was $497,000; total contract amount with this amendment is $614,502). 0680-05-12, Amendment No. 3 to the Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $4,140 for additional engineering services for the Motor Control Center #5 Replacement project at the Water Pollution Control Facility (original contract amount was $123,000; total contract amount with this amendment is $189,140). 0681-05-12, Change Order No. 1 in the amount of $142,216 with Miron Construction Company, Inc. for the Cedar Rapids Convention Complex Hotel Exterior Envelope Package (original contract amount was $4,465,626; total contract amount with this amendment is $4,607,842). Abstain, Council member Swore. 0682-05-12, Change Order No. 14 in the amount of $166,744.07 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,563,720.69). 0683-05-12, Fire Department purchase of two cardiac monitors from ZOLL Medical Corporation for a total amount of $37,869. 0684-05-12, Grant application to the State Historical Society of Iowa requesting funding to assist in the restoration of the south wall Mural within the Cedar Rapids Council Chambers. 0685-05-12, Warranty Deed for the consideration of $1 and other valuable consideration submitted by Red Rock Developing, LLC for street right-of-way along the easterly side of Stoney Point Road SW adjoining the property located at 2001 Stoney Point Road SW to align with the existing right-of-way to the north and accommodate a sidewalk connection to the existing walk north of and adjoining the site; accepting an Agreement to Connect to City Sanitary Sewer Facilities, a Sanitary Sewer Petition and Assessment Agreement; and a Concrete Pavement Petition and Assessment Agreement for future improvements in Stoney Point Road SW or providing sewer service to the property. 0686-05-12, Purchase order in the amount of $54,825.48 to ORACLE for renewal of the annual software license and technical support for Fiscal Year 2013 (July 30, 2012 – July 29, 2013). 0687-05-12, Renewal of VMWare Maintenance with EnPointe Technologies (original contract amount was $32,671.57; renewal contract amount is $40,399.49). 0688-05-12, Police purchase of 212 Glock Duty Weapons from Jack’s Uniforms & Equipment in the amount of $88,828 and trading in 212 Glock Duty Weapons in the amount of $58,724 for the total purchase amount of $30,104. 0689-05-12, Fleet Services Division purchase of a Caterpillar excavator from Altorfer CAT for use by the Public Works Sewer Maintenance Division, for a total amount of $88,754.08. 0690-05-12, Agreement for miscellaneous painting services with CertaPro Painters for the Water Pollution Control Facility for an amount not to exceed $80,000. 0691-05-12, Water Pollution Control purchase of one Sodium Hypochlorite Tank from Belco Manufacturing Company, Inc. in the amount of $35,073. 0692-05-12, Rental Agreement with Koch Brothers for the rental of nine Lanier digital copiers for the Attorney, City Manager, Development, Housing Services, Information Technology, Parks Departments and the Finance Department. 0693-05-12, Amendment No. 1 to the Agreement for City Hall FF&E Package with Storey Kenworthy to reflect the additional cost of scope changes for an amount not to exceed $38,644.58 (original contract amount was $390,221.30; total contract amount with this amendment is $428,865.88) (FLOOD). 0694-05-12, Amendment No. 2 to renew Agreement for Landfill Services for Biosolids with Allied/Republic Upper Rock Island County LF for the Water Pollution Control Facility for an estimated annual amount of $70,000 (original contract amount was $700,000 for three landfills; renewal contract amount is $70,000 for Allied/Republic Upper Rock Island County LF only) (FLOOD). 0695-05-12, Amendment No. 2 to renew Agreement for Landfill Services for Biosolids with Waste Management – Prairie Hill RDF for the Water Pollution Control Facility for an estimated annual amount of $70,000 (original contract amount was $700,000 for three landfills; renewal contract amount is $70,000 for Waste Management – Prairie Hill RDF only) (FLOOD). 0696-05-12, Amendment No. 2 to renew Agreement for Landfill Services for Biosolids with Millennium Waste Incorporated for the Water Pollution Control Facility for an estimated annual amount of $70,000 (original contract amount was $700,000 for three landfills; renewal contract amount is $70,000 for Millennium Waste Incorporated only) (FLOOD). 0697-05-12, Amendment No. 10 to the Agreement for Intake Consultation Services with JCG Land Services, Inc. to extend the contract through June 30, 2012 and to add up to 100 additional intakes (original contract amount is $69,736.22; total contract amount with amendment is $190,525.80) (FLOOD). Abstain, Council member Olson. 0698-05-12, Amendment No. 1 to Environmental Remediation Services of Flood Damaged Commercial Structures with Horsley Specialties, Inc. to increase estimated quantities for an amount not to exceed $397,259.50 (original contract amount was $621,830; total contract amount with this amendment is $1,019,089.50) (FLOOD). 0699-05-12, Amendment No. 1 to the Professional Services Agreement with Alltrans, Inc. specifying an increased amount not to exceed $5,515 for engineering services in connection with the NE Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (original contract amount was $29,123; total contract amount with this amendment is $34,638) (FLOOD). 0700-05-12, Amendment to the Development Agreement with Matthew 25 Ministry Hub, Inc. to include excess City-owned residential property at 404 G Avenue NW, 405 G Avenue NW and 437 G Avenue NW acquired through the Voluntary Property Acquisition Program (FLOOD). 0701-05-12, Change Order No. 2 in the amount of $220 with Lindstrom Environmental, Inc. for the Veterans Memorial Hazardous Material Abatement project (original contract amount was $19,020; total contract amount with this amendment is $22,240) (FLOOD). 0702-05-12, Change Order No. 3 in the amount of $25,136.85 with Nelson Electric Company for the Paramount Theatre Flood Recovery and Renovation Bid Package 2 (Electrical Bid Bundle) project (original contract amount was $2,714,000; total contract amount with this amendment is $2,769,327.86) (FLOOD). Abstain, Council member Swore. 0703-05-12, Change Order No. 3 in the amount of $21,309 with Modern Piping, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Mechanical & Plumbing Bid Bundle) project (original contract amount was $2,654,000; total contract amount with this amendment is $2,698,266) (FLOOD). Abstain, Council member Swore. 0704-05-12, Change Order No. 4 in the amount of $44,454 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $6,527,577) (FLOOD). Abstain, Council member Swore. 0705-05-12, Change Order No. 7 in the amount of $59,233 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,589,106) (FLOOD). Abstain, Council member Swore. 0706-05-12, Special Warranty Deed conveying City-owned property located through the Residential Property Disposition program to Scallon Custom Homes, LLC for property located at 716 8th Street NW (FLOOD). 0707-05-12, Special Warranty Deed conveying City-owned property located through the Residential Property Disposition program to Scallon Custom Homes, LLC for property located at 1106 J Avenue NW (FLOOD). 0708-05-12, Amended and Restated Deed Restriction for City-owned commercial property at 1501 and 1507 C Street SW (FLOOD). 0709-05-12, Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $2,297,607 for the CRWPCF Flood Wall Protection project (FLOOD). 0710-05-12, Agreement for Fitness Center Equipment with Push Pedal Pull for the new City Hall and Public Works for an amount not to exceed $99,089 (FLOOD). 0711-05-12, Parks and Recreation Department purchase of one 40’w x 64’l steel framed pavilion for Mohawk Park from Boland Recreation, Inc. in the amount of $42,900 (FLOOD). 0712-05-12, Quit Claim Deed to Linn County for City owned property at 927 3rd Street SW and 1014 2nd Street SW (FLOOD). 0713-05-12, Iowa Economic Development Authority (IEDA) Section 106 Planning Grant in the amount of $303,500 to assist in fulfilling certain commitments required by a Letter of Agreement with the State Historic Preservation Commission and the Iowa Economic Development Authority (IEDA) (FLOOD). Report on bids for the Cedar Rapids Convention Complex Parking Ramp and Skywalk project (parking ramp estimated cost is $10,500,000; skywalk estimated cost is $1,000,000) (Sandy Pumphrey). Knutson Construction Services Midwest, Inc., Iowa City, IA Base Bid 1 - Skywalk Base Bid 2 - Parkade Total Base Bid nd Alternate #1 - 2 Ave Façade th Alternate #2 - 7 Level Alternate #3 - Retail Alternate #4 - Elevator Speed Miron Construction Co., Inc. Cedar Rapids, IA Base Bid 1 - Skywalk Base Bid 2 - Parkade Total Base Bid nd Alternate #1 - 2 Ave Façade th Alternate #2 - 7 Level Alternate #3 - Retail Alternate #4 - Elevator Speed $736,000 $11,542,000 $12,278,000 $124,000 $1,372,000 $665,000 No Bid $723,659 $11,732,444 $12,456,103 $134,521 $1,365,898 $513,709 $105,651 J.H. Findorf & Son, Inc., Madison, WI Base Bid 1 - Skywalk Base Bid 2 - Parkade Total Base Bid nd Alternate #1 - 2 Ave Façade th Alternate #2 - 7 Level Alternate #3 - Retail Alternate #4 - Elevator Speed $745,000 $11,841,000 $12,586,000 $130,000 $1,478,000 $509,000 $43,000 Kleiman Construction, Inc., Cedar Rapids, IA Base Bid 1 - Skywalk Base Bid 2 - Parkade Total Base Bid nd Alternate #1 - 2 Ave Façade th Alternate #2 - 7 Level Alternate #3 - Retail Alternate #4 - Elevator Speed $789,080 $12,727,127 $13,516,207 $124,424 $1,615,305 $578,762 No Bid Report on bids for General Obligation Bonds, Series 2012A; Taxable General Obligation Urban Renewal Bonds, Series 2012B; Taxable General Obligation Urban Renewal Bonds, Series 2012C; Taxable General Obligation Urban Renewal Bonds, Series 2012D; Water Revenue Bonds, Series 2011E; and General Obligation Refunding Bonds, Series 2012F. (Susan Vavroch and Jon Burmeister, PFM) 0714-05-12, directing the sale of Not to Exceed $11,640,000 General Obligation Bonds, Series 2012A. 0715-05-12, directing the sale of Not to Exceed $11,810,000 Taxable General Obligation Urban Renewal Bonds, Series 2012B. 0716-05-12, directing the sale of Not to Exceed $59,570,000 Taxable General Obligation Urban Renewal Bonds, Series 2012C. 0717-05-12, directing the sale of Not to Exceed $2,915,000 Taxable General Obligation Urban Renewal Bonds, Series 2012D. 0718-05-12, directing the sale of $5,830,000 Water Revenue Bonds, Series 2012E. 0719-05-12, directing the sale of Not to Exceed $15,325,000 General Obligation Refunding Bond, Series 2012F. 0720-05-12, authorizing redemption of Outstanding General Obligation Bonds, Series 2003B, dated September 1, 2003 and General Obligation Bonds, Series 2004B, dated September 1, 2004 and directing notice be given. Report on bids for the Environmental Remediation Services of Flood Damaged Structures of approximately 182 city-acquired, flood-damaged residential parcels. (John Riggs) ECCO Midwest, Inc. Horsley Specialties Lindstrom Environmental ESA, Inc. South St. Paul, MN Rapid City, SD Plymouth , MN N. Sioux City, SD 314,619.19 519,620.00 672,126.00 880,172.00 0721-05-12, awarding and approving contract for the amount not to exceed $519,620, bond and insurance of Horsley Specialties, Inc. for the Environmental Remediation Services of Flood Damaged Structures (estimated cost is $750,000) (FLOOD). Abstain, Council member Olson. Discussion regarding Item Number 38: Christine Butterfield 0722-05-12, authorizing negotiation of a development agreement with Penford Products Co. for Riverside Park (1115 C Street SW) based upon the Riverside Park Term Sheet. Discussion regarding Item Number 39: Brad DeBrower It was the consensus of the Council to direct staff to proceed with the Ground Transportation Center project. Ordinance No. 032-12, being an Ordinance granting a change of zone for property west of Edgewood Road SW and south of CRANDIC Railroad from A, Agriculture Zone District to I-2, General Industrial Zone District requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 033-12, being an Ordinance granting a change of zone for property east of Edgewood Road SW, west of 26th Street SW and south of 60th Avenue SW from A, Agriculture Zone District to I-2, General Industrial Zone District requested by Elmer F. Cech, Testementary Trust, Sharon K. Hahn, Marilyn L. Cech, Revocable Trust, Ronnie E. Cech, Staskal Farms, LLC, Debra L. Volesky and Connie S. Wildfield, was presented and read the second time. Council member Swore moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 034-12, being an Ordinance granting a change of zone for property between 11th Avenue SE and 12th Avenue SE north of 3rd Street SE from I-2, General Industrial Zone District to C-3, Regional Commercial Zone Districts requested by Cedar Rapids City Market, Inc. and the City of Cedar Rapids (FLOOD), was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved. Ayes, Council members Gulick, Karr, Olson, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Poe Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Poe. Ordinance No. ________, being an Ordinance adopting temporary regulations to be effective on July 25, 26 and 27, 2012, for the overnight stay of the Register’s Annual Great Bicycle Ride Across Iowa (RAGBRAI®), was presented and read the first time. Council member Vernon 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 Olson. Approved. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 6:02 p.m. to meet Tuesday, May 22, 2012 at 4:00 p.m. Alissa Kaiser, Deputy City Clerk Absent, Council member Shey. Abstain, Council member Gulick Abstain, Council member Karr Abstain, Council member Olson Abstain, Council member Poe Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA May 22, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Poe, Shey, Shields, Swore and Vernon. Absent, Council members Karr and Olson. Also present were Acting City Manager Casey Drew and City Attorney Jim Flitz. The invocation was given by Fire Chaplain Phil Saunders. Pledge of Allegiance Mayor Corbett and Council members Ann Poe and Pat Shey presented a Proclamation declaring a Bicycle Friendly Community to the Bicycle Advisory Committee. A presentation regarding the Cedar Rapids Convention & Visitors Bureau: The Economic Vitality from Visitors to Cedar Rapids was given by Eric Engleman. A public hearing was held to consider the Fiscal Year 2012 Budget Amendment. No comments or objections were heard or filed. 0723-05-12, approving the Fiscal Year 2012 Budget Amendment. A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 6,011 square-foot parcel of right-of-way located in the alley from 7th Street SE to 8th Street SE and between 1st Avenue SE and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the new Central Fire Station project. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 6,011 square-foot parcel of right-of-way located in the alley from 7th Street SE to 8th Street SE and between 1st Avenue SE and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the new Central Fire Station project (FLOOD), was presented and read the first time. Council member Vernon 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 Gulick. Approved. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Residential Structures (estimated cost is $945,700). No comments or objections were heard or filed. 1 0724-05-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Residential Structures (FLOOD). A public hearing was held to consider the specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (estimated cost is $1,100,000). No comments or objections were heard or filed. 0725-05-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures (FLOOD). A public hearing was held to consider the specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Commercial Structures (estimated cost is $1,100,000). No comments or objections were heard or filed. 0726-05-12, adopting specifications, form of contract and estimated cost for the Environmental Remediation Services for Flood Damaged Commercial Structures (FLOOD). No public comments were heard. Council member Vernon moved to approve the Agenda; seconded by Council member Gulick. Council member Gulick requested that Item Number 8 (Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the 1st Street SW Outdoor Amphitheater & Festival Grounds project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 20, 2012 (estimated cost is $4,470,000) and Item Number 11 (Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Central Fire Station project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 20, 2012 (estimated cost is $13,000,000)) (FLOOD) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Gulick moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. June 12, 2012 – to consider an Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing sub-sections and establishing new 2 b. c. d. e. f. g. h. sections to provide an optional rate structure for Group 3 customers that allow greater production flexibility. June 12, 2012 – to consider the annexation of property at 4455 Woodview Drive NE south of 42nd Street NE and west of Edgewood Road NE as requested by James E. & Cheryl E. Carnahan. June 12, 2012 – to consider the annexation of property north of 16th Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW as requested by Midwest Development Co. June 12, 2012 – to consider a change of zone for property at 3400 Edgewood Road NE from A, Agriculture Zone District to RMF-1, Multiple Family Residence Zone District as requested by CoCoSaJe, LLC. June 12, 2012 – to consider a change of zone for property at Kirkwood Boulevard SW and Four Oaks Drive SW from RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hunter Companies and Four Oaks Family & Children’s Services. June 12, 2012 – to consider the disposition of property identified as Parcel A of Plat of Survey 585 759 at 501 1st Street SE to 4000 LLC. June 12, 2012 – to consider a change of zone for property north of Rogers Road NW and west of Edgewood Drive NW from A, Agriculture Zone District to R2/PUD-O, Single Family Residence Zone District/Planned Unit Development Overlay as requested by Wilmar Development Company. June 12, 2012 – to consider the execution of an Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land located along the northeasterly property line of 327 11th Avenue SE in connection with improvements to electric service for the NewBo City Market. Abstain, Council member Poe. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the Parking Facility at 2nd St and 7th Ave SE – Bid Package 1 - Deep Foundations & Site Preparation/Utilities project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 20, 2012 (Deep Foundations estimated cost is $540,000; Site Preparation/Utilities estimated cost is $460,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the J Avenue Lime Silo Exterior Renovations project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on June 13, 2012 (estimated cost is $175,000). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Commercial and Residential Structures and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on June 13, 2012 (estimated cost is $1,045,000) (FLOOD). 3 Motion to approve the Tax Exemption Certificate for Series 2012A and the Continuing Disclosure Certificate for Series 2012A. 0727-05-12, authorizing and providing for the issuance of $11,140,000 General Obligation Bonds, Series 2012A, and levying a tax to pay said bonds. Motion to approve the Continuing Disclosure Certificate for Series 2012B. 0728-05-12, authorizing and providing for the issuance of $11,380,000 Taxable General Obligation Urban Renewal Bonds, Series 2012B, and levying a tax to pay said bonds. Motion to approve the Continuing Disclosure Certificate for Series 2012C. 0729-05-12, authorizing and providing for the issuance of $57,915,000 Taxable General Obligation Urban Renewal Bonds, Series 2012C, and levying a tax to pay said bonds. Motion to approve the Continuing Disclosure Certificate for Series 2012D. 0730-05-12, authorizing and providing for the issuance of $2,915,000 Taxable General Obligation Urban Renewal Bonds, Series 2012D, and levying a tax to pay said bonds. Motion to approve the Tax Exemption Certificate for Series 2012E and the Continuing Disclosure Certificate for Series 2012E. 0731-05-12, authorizing and providing for the issuance of and securing the payment for $5,830,000 Water Revenue Bonds, Series 2012E, under the provisions of the Code of Iowa, and providing for a method of payment of the bonds. Motion to approve the Tax Exemption Certificate for Series 2012F and the Continuing Disclosure Certificate for Series 2012F. 0732-05-12, authorizing and providing for the issuance of $14,240,000 General Obligation Refunding Bonds, Series 2012F, and levying a tax to pay said bonds. Motion approving the beer/liquor/wine applications of: a. 3rd Street Saloon, 1201 3rd Street SE (3 transfers to McGrath Power Sports, 4645 Center Point Road NE for 3 events on June 28, July 19 and August 23, 2012); b. Casa Las Glorias, 2245 Blairs Ferry Road NE; c. Cedar River Landing, 301 F Avenue NW (outdoor service for every other Friday from June 8 through August 31, 2012); d. Cedar River Landing, 301 F Avenue NW (outdoor service for July 4, 2012); e. Chrome Horse Slop House & Saloon, 1202 3rd Street SE (outdoor services every Friday from June 1, 2012 through August 31, 2012); f. Club Basix, 3916 1st Avenue NE (outdoor service for an event on June 2, 2012); g. Club Co2, 616 2nd Avenue SE (outdoor service for an event on June 2, 2012); h. CVS Pharmacy #8526, 4116 Center Point Road NE; i. CVS Pharmacy #8532, 2711 Mt Vernon Road SE; j. Deanoz Sports Bar, 3707 1st Avenue SE (outdoor service for an event on June 23, 2012); k. Double Inn, 629 Ellis Boulevard NW; l. Dublin City Pub, 415 1st Street SE; 4 m. Field House Downtown, 401 1st Street SE (outdoor service for an event on June 9, 2012); n. Fraternal Order of Eagles Aerie #2272, 1735 11th Street NW; o. MLI LLC / AvaCenter, 2121 Bowling Street SW; p. Olive Garden #1475, 367 Collins Road NE; q. Panchero’s Mexican Grill, 2315 Edgewood Road SW, Suite 210; r. Pei’s Mandarin, 3287 6th Street SW; s. Phong Lan Vietnamese Restaurant, 216 8th Street SE; t. Pizza Hut #4311, 223 Collins Road NE; u. Pizza Hut #4251, 1640 Edgewood Road SW; v. Red Lobster #870, 163 Collins Road NE; w. Red Robin America’s Gourmet Burgers and Spirits, 4625 1st Avenue SE; x. Rumors, 400 F Avenue NW (outdoor service for an event on June 10-11, 2012) y. Tenant 1 LLC, 2100 NW 100th Street, Suite A, Clive, IA, (5-day license for an event at 200 First Street SE from June 7-11, 2012 with street closure; z. Time Out Lounge, 3230 16th Avenue SW; aa. Tobacco Outlet Plus #560, 2846 Mt Vernon Road SE; bb. Wal-Mart #2716, 3601 29th Avenue SW; cc. Williams Boulevard Amoco, 2601 Williams Boulevard SW; dd. Zin’s, 227 2nd Avenue SE (5-day permit for June 2, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market). 0733-05-12, approving payment of bills. 0734-05-12, approving payment of payroll. 0735-05-12, approving the special event application for the RAGBRAI 40th Celebration and Counting Crows Concert on July 26, 2012 (including street closures). 0736-05-12, approving the special event application for the RAGBRAI Ride Through and Stay in Cedar Rapids event on city streets and bridges on July 26 - July 27, 2012 (including street closure). 0737-05-12, approving the special event application for the RAGBRAI Breakfast on the Bridge event in the Czech Village/New Bohemia Neighborhoods on July 27, 2012 (including street closure). 0738-05-12, approving the special event application for the Cedar Boat Club annual fireworks display on July 3, 2012 (including street closure). 0739-05-12, intent to assess for Utilities – Water Division delinquent municipal utility bills at 29 properties. 0740-05-12, levy assessment for Utilities – Water Division delinquent municipal utility bills at 12 properties. 0741-05-12, accepting project and approving Performance Bond of Truelsen Blumenthal, LLC dba Soil-Tek for the FY 2011 Hydroseeding Project (original contract amount was $19,940; final contract amount is $15,345.28). 5 0742-05-12, approving the Minor Preliminary Plat of Skalsky Second Addition at 2141 Ivanhoe Road, Ely, IA as requested by Elizabeth Skalsky. 0743-05-12, ratifying and approving the Iowa WMD Tactical Officers Task Force Team 28E Agreement and the Iowa Bomb Squad Task Force Team 28E Agreement with the State of Iowa Department of Public Defense, Homeland Security and Emergency Management Division. 0744-05-12, adopting and levying final schedule of assessments and providing for the payment thereof for the Kirkwood Boulevard SW from Kirkwood Court SW to Highway 30/151 & Miller Avenue SW Re-alignment, Phase II project. 0745-05-12, accepting work and fixing amount to be assessed for the 16th Avenue SW from Stoney Point Road to West Post Road Pavement Rehabilitation and Traffic Signals project. 0746-05-12, partially rescinding Resolution No. 2583-11-03, which established “Two Hour Parking, 8:00 AM to 5:00 PM except Sunday and Holidays” at multiple downtown locations and replacing the time-limit parking with new metered parking zones. 0747-05-12, authorizing City Council to approve Legion Arts as a grant applicant for Fiscal Year 2013 Hotel Motel. Abstain, Council member Gulick. 0748-05-12, authorizing City Council to approve $1,258,862 in Hotel Motel allocations for Fiscal Year 2013. Abstain, Council member Gulick. 0749-05-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for three properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0750-05-12, Amendment No. 1 to renew Agreement for Appraisal Services with Commercial Appraisers of Iowa, Inc. for the Public Works Department for an estimated annual amount of $50,000 (original contract amount was $50,000; renewal contract amount is $50,000). 0751-05-12, Amendment No. 1 to renew Agreement for Appraisal Services with Cook Appraisal LLC for the Public Works Department for an estimated annual amount of $50,000 (original contract amount was $50,000; renewal contract amount is $50,000). 0752-05-12, Amendment No. 1 to renew Agreement for Appraisal Review Services with Oakwood Appraisal Co. for the Public Works Department for an estimated annual amount of $25,000 (original contract amount was $25,000; renewal contract amount is $25,000). 0753-05-12, Amendment No. 1 to renew Agreement for Appraisal Review Services with Hattery Real Estate Appraisals, LLC for the Public Works Department for an estimated annual amount of $25,000 (original contract amount was $25,000; renewal contract amount is $25,000). 6 0754-05-12, Amendment No. 6 to the Agreement for Convention Complex Hotel Hazardous Material Abatement with Lindstrom Environmental, Inc. to reflect the additional cost for removal of vermiculite, moldy drywall, black mastic and foam insulation and asbestos containing roof material for an amount not to exceed $40,150 (original contract amount was $295,000; total contract amount with this amendment is $596,399.45). 0755-05-12, Amendment No. 1 to renew Agreement for Roofing Services with Cedar Service Company for Facilities Maintenance Services for an estimated annual amount of $70,000 (original contract amount was $70,000; renewal contract amount is $70,000). 0756-05-12, Amendment No. 1 to renew Agreement for Fuel Services with Fauser Energy Resources for City Departments, The Eastern Iowa Airport and the Cedar Rapids/Linn County Solid Waste Agency for an estimated annual amount of $3,500,000 (original contract amount was $3,200,000; renewal contract amount is $3,500,000). 0757-05-12, Amendment No. 7 to the Professional Services Agreement with OPN Architects, Inc. specifying an increased amount of $1,014,570 to reflect the increased scope of work and responsibilities associated with the increased construction budget for the Cedar Rapids Convention Complex project (original contract amount was $3,780,000; total contract amount with this amendment is $5,246,556). 0758-05-12, Amendment No. 1 to the Professional Services Agreement with Frew Nations Group, LLC, specifying an increased amount of $1,497,535 to authorize $9,999 in expenses contained within the original executed contract to add $10,000 for additional reimbursable expenses associated with preconstruction services and to add $1,477,536 for construction management services, totaling an increase of $1,477,536 for additional construction management services associated with the Cedar Rapids Convention Complex Hotel project (original contract amount was $3,731,417; total contract amount with this amendment is $5,228,952). 0759-05-12, Amendment No. 3 to the Professional Services Agreement with Frew Nations Group, LLC in the amount of $216,000, specifying an extended contract term to September 2, 2013, due to a change in the anticipated facility open date in connection with the Cedar Rapids Convention Complex (original contract amount was $3,778,800; total contract amount with this amendment is $6,882,207). 0760-05-12, Amendment No. 1 to the Professional Services Agreement with OPN Architects, Inc. specifying an increased amount of $570,000 to authorize $50,000 in expenses contained within the original executed contract and $520,000 in additional scope of work items 7 for the Cedar Rapids Convention Complex Hotel project (original contract amount was $1,474,464; total contract amount with this amendment is $2,044,464). 0761-05-12, Amending Resolution No. 0007-01-10 to correct verbiage that was inadvertently omitted in regard to the City’s purchasing policy. 0762-05-12, Change Order No. 6 in the amount of $34,297 with Paulson Electric Company, Inc. for the Cedar Rapids Convention Complex Electrical Contract project (original contract amount was $8,437,635; total contract amount with this amendment is $8,538,407). 0763-05-12, Change Order No. 6 in the amount of $42,168 with Modern Piping Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,126,727). Abstain, Council member Swore. 0764-05-12, Change Order No. 6 in the amount of $61,065 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $28,807,139). Abstain, Council member Swore. 0765-05-12, Change Order No. 1 for a deductive amount of $97,313.89 with Tricon Construction Group for the Roughing Filter #2 Dome Replacement and Concrete Repairs project and authorizing issuance of final retainage payment in the amount of $81,134.31 (original contract amount was $1,720,000; final contract amount with this amendment is $1,622,686.11). 0766-05-12, Professional Services Agreement with Ament, Inc. in an amount not to exceed $50,000 for design services in connection with the 29th Street NE Signal Improvement Project. 0767-05-12, Pierce Manufacturing to repair corrosion damage on the Fire Department’s 2002 Pierce Dash Fire Pumper for a total amount of $39,727. 0768-05-12, Fleet Services purchase of three single axle dump trucks with plows and spreaders from Hawkeye International in the amount of $374,505. 0769-05-12, Fleet Services Division purchase and delivery of one tandem axle dump truck with plows and a spreader from Hawkeye International in the amount of $147,304. 0770-05-12, Fleet Services purchase of four single axle chassis with swaploaders, plows and spreaders from Hawkeye International in the amount of $584,260. 0771-05-12, Fleet Services Division purchase of one additional standard cab chassis (19,000 GVWR) and one additional standard cab chassis (16,000 GVWR) from Junge Ford Center Point in the amount of $82,671. 8 0772-05-12, Fleet Services Division purchase of two 2012 Wacker RD27-120 compaction rollers from Star Equipment Ltd. for use by the Public Works Streets Maintenance Division, in the amount of $70,527. 0773-05-12, Fleet Services Division purchase of one 2012 Ford F-250 XL pickup truck from Stivers Ford for use by the Public Works Streets Maintenance Division, in the amount of $29,756. 0774-05-12, Fleet Services Division purchase of one 2012 Kubota RTV900 all-terrain vehicle for an amount of $20,176.47 and one 2012 Bobcat T770 track loader in the amount of $56,984.66 from Bobcat of Cedar Rapids for use by the Public Works Sewer Maintenance Division, in the amount of $77,161.13. 0775-05-12, Fleet Services Division purchase of two 2012 Kubota RTV1100 all-terrain vehicles in the amount of $18,232 each from Bobcat of Cedar Rapids for use by the Water Pollution Control Division, for the total amount of $36,464. 0776-05-12, Warranty Deed for the consideration of $1 and other valuable consideration submitted by J & L Properties, L.L.C. for additional right-of-way on Wilson Avenue SW in connection with the parking lot expansion for Murdoch Funeral Homes located at 520 Wilson Avenue SW. 0777-05-12, Warranty Deed for the consideration of $1 and other valuable consideration submitted by Murdoch Funeral Homes, Inc. for additional right-of-way on Wilson Avenue SW in connection with the parking lot expansion for Murdoch Funeral Homes located at 520 Wilson Avenue SW. 0778-05-12, McGladrey & Pullen, LLP to provide professional services for the Federal Courthouse historic rehabilitation project for an amount not to exceed $25,000. 0779-05-12, Agreement for Convention Complex Arena Portable Staging with StageRight Corporation for the Public Works Department for an amount not to exceed $308,408.99. 0780-05-12, Agreement for Convention Complex Arena Portable Seating with Hussey Seating Company for the Public Works Department for an amount not to exceed $192,388.74. 0781-05-12, Adopting a revenue purpose statement for the use or expenditure of fee revenues from proposed natural gas franchise fees. 0782-05-12, Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $15,000 for professional services in connection with the Five Seasons Bus Garage Replacement project (original contract amount was $54,300; total contract amount with this amendment is $69,300) (FLOOD). 9 0783-05-12, Amendment No. 2 to Environmental Remediation and Demolition Services for Nuisance Structures with D.W. Zinser Company to extend the term of the agreement and to add three flood damaged structures for an amount not to exceed $22,450 (original contract amount was $129,997; total contract amount with this amendment is $152,447) (FLOOD). 0784-05-12, Rescinding Resolution No. 0708-05-12 and authorizing execution of Amended Agreements for Covenants and Restrictions for City owned property at 1501 and 1507 C Street SW (FLOOD). 0785-05-12, Change Order No. 4 in the amount of $3,745 with Miron Construction Company, Inc. for the May’s Island Parkade project (original contract amount was $724,200; total contract amount with this amendment is $821,328) (FLOOD). Abstain, Council member Swore. 0786-05-12, Awarding and approving contract for an amount not to exceed $26,960 bond and insurance of ECCO Midwest, Inc. for the Environmental Remediation Services for Flood Damaged Structure-Bus Garage (FLOOD). 0787-05-12, Development Agreement and Special Warranty Deed with Matthew 25 Ministry Hub for City owned property at 512 8th Street NW in the third round of the Single Family New Construction Program (FLOOD). 0788-05-12, Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for City owned property at 1137 9th Street NW in the third round of the Single Family New Construction Program (FLOOD). 0789-05-12, Development Agreement with Matthew 25 Ministry Hub for the rehabilitation of City-owned property at 1317 J Street SW acquired through the Voluntary Property Acquisition Program (FLOOD). 0790-05-12, Special Warranty Deed with Stark Real Estate Holdings, Inc. for City-owned commercial property at 1501 and 1507 C Street SW (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the 1st Street SW Outdoor Amphitheater & Festival Grounds project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 20, 2012 (estimated cost is $4,470,000). Council member Gulick questioned holding bid openings for the 1st Street SW Outdoor Amphitheater & Festival Grounds project and the Cedar Rapids Central Fire Station project on the same date. City Engineer Dave Elgin announced the bid opening for the 1st Street SW Outdoor Amphitheater & Festival Grounds project should be changed to June 19, 2012. Council member Gulick moved the approval of the motion with a June 19, 2012 bid 10 opening date; seconded by Council member Swore. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 12, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Central Fire Station project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 20, 2012 (estimated cost is $13,000,000) (FLOOD). Council member Gulick moved the approval of the motion; seconded by Council member Swore. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Report on bids for the CR Transit Bus Garage project (estimated cost is $3,700,000) (FLOOD). (Pat Ball) Kleiman Construction, Inc., Cedar Rapids, IA Base Bid $4,028,209 Alternate 1 - Concrete Masonry Units Alternate 2 – Concrete Hardener $49,702 $15,302 Miron Construction Co., Inc., Cedar Rapids, IA Base Bid $4,067,584 Alternate 1 - Concrete Masonry Units Alternate 2 – Concrete Hardener $28,765 $7,200 Tricon General Construction, Dubuque, IA Base Bid $4,377,000 Alternate 1 - Concrete Masonry Units Alternate 2 – Concrete Hardener $54,000 $15,000 Report on bids for the Harrison Elementary Sidewalks project (estimated cost is $84,000). (Joe Mailander) Anne Duffield Construction, Inc., Cedar Rapids, IA City Wide Construction Corp., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA $76,371.00 $83,576.25 $89,638.00 0791-05-12, awarding and approving contract in the amount of $76,371, bond and insurance of Anne Duffield Construction, Inc. for the Harrison Elementary Sidewalks project. Report on bids for the 3rd Avenue SE at Grande Avenue SE Sanitary Sewer Improvements project (estimated cost is $100,000). (Joe Mailander) Rathje Construction Company, Marion, IA Incentive up to Total 11 $104,387.00 $ 3,500.00 $107,887.00 Tschiggfrie Excavating Co., Dubuque, IA Dave Schmitt Construction, Cedar Rapids, IA Connolly Construction, Inc., Peosta, IA Ricklefs Excavating, Ltd., Anamosa, IA $105,332.10 $121,286.00 $147,482.35 *$194,155.50 *Error in bid 0792-05-12, awarding and approving contract in the amount of $104,387 plus incentive up to $3,500, bond and insurance of Rathje Construction Company for the 3rd Avenue SE at Grande Avenue SE Sanitary Sewer Improvements project. Report on bids for the SW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (estimated cost is $540,000). (Joe Mailander) Borst Brothers Construction, Inc., Marion, IA Incentive up to Total $491,121.24 $ 10,000.00 $501,121.24 Rathje Construction Co., Marion, IA Dave Schmitt Construction, Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA $517,345.00 $636,400.00 $646,846.83 0793-05-12, awarding and approving contract in the amount of $491,121.24 plus incentive up to $10,000, bond and insurance of Borst Brothers Construction, Inc. for the SW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 (FLOOD). Report on bids for the NW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (estimated cost is $710,000). (Joe Mailander) Rathje Construction Company, Marion, IA Incentive up to Total $670,438.95 $ 7,000.00 $677,438.95 0794-05-12, awarding and approving contract in the amount of $670,438.95 plus incentive up to $7,000, bond and insurance of Rathje Construction Company for the NW Quadrant, 2008 Flood Area, Sanitary Sewer Restoration, Phase 1 project (FLOOD). Discussion regarding Item Number 38: Jennifer Pratt 0795-05-12, authorizing negotiation of a Development Agreement with Jelinek Company, LLC for disposition and redevelopment of City-owned commercial properties, located at 1118 and 1120 2nd Street SE and 208 12th Avenue SE, acquired through the City’s Voluntary Property Acquisition Program (FLOOD). Ordinance No. 035-12, being an Ordinance amending Ordinance No. 023-11 which granted a gas utility franchise to MidAmerican Energy Company, to impose a franchise fee in the amount of one percent, was presented and read the first time. 12 Council member Gulick moved the approval of the Ordinance on its first reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its second and third readings; seconded by Council member Swore. Adopted, Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 036-12, being an Ordinance repealing Chapter 35 of the Municipal Code, Plumbing Code, and enacting and adopting in lieu thereof a new Plumbing Code and the 2012 edition of the Uniform Plumbing Code with modifications, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 037-12, being an Ordinance repealing Chapter 37 of the Municipal Code, Fire Code, and enacting and adopting in lieu thereof a new Fire Code and the 2012 edition of the International Fire Code with modifications, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 038-12, being an Ordinance vacating public ways and grounds in and to the property described as a 3,801 square-foot parcel of right-of-way located in the formerly existing alley easterly of 8th Street NW and between C Avenue and D Avenue NW as requested by the City of Cedar Rapids, was presented and read the second time. 13 Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 0796-05-12, establishing a Utility Easement over a portion of Plat of Survey No. 1751 Parcel A as requested by the City of Cedar Rapids. Ordinance No. 039-12, being an Ordinance adopting temporary regulations to be effective on July 25, 26 and 27, 2012, for the overnight stay of the Register’s Annual Great Bicycle Ride Across Iowa (RAGBRAI®), was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. No public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 5:09 p.m. to meet Tuesday, June 12, 2012 at 12:00 Noon. Alissa Kaiser, Deputy City Clerk Absent, Council member Karr. Absent, Council member Olson. Abstain, Council member Gulick Abstain, Council member Poe Abstain, Council member Swore 14 MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA June 12, 2012, 12:00 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Shey, Shields, Swore and Vernon. Also present were Acting City Manager Casey Drew and City Attorney James Flitz. Absent, Council member Poe The invocation was given by Police Chaplain Pat Rieck. Pledge of Allegiance A public hearing was held to consider the annexation of property at 4455 Woodview Drive NE south of 42nd Street NE and west of Edgewood Road NE as requested by James E. & Cheryl E. Carnahan. No comments or objections were heard or filed. 0797-06-12, annexing property at 4455 Woodview Drive NE south of 42nd Street NE and west of Edgewood Road NE as requested by James E. & Cheryl E. Carnahan. A public hearing was held to consider the annexation of property north of 16th Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW as requested by Midwest Development Co. No comments or objections were heard or filed. 0798-06-12, annexing property north of 16th Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW as requested by Midwest Development Co. Abstain, Council member Olson. A public hearing was held to consider a change of zone for property north of Rogers Road NW and west of Edgewood Drive NW from A, Agriculture Zone District to R-2/PUD-O, Single Family Residence Zone District/Planned Unit Development Overlay as requested by Wilmar Development Company. Two comments were heard. No objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property north of Rogers Road NW and west of Edgewood Drive NW from A, Agriculture Zone District to R-2/PUD-O, Single Family Residence Zone District/Planned Unit Development Overlay as requested by Wilmar Development Company, was presented and read the first time. Council member 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 Karr. Approved. members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. Ayes, Council A public hearing was held to consider a change of zone for property at 3400 Edgewood Road NE from A, Agriculture Zone District to RMF-1, Multiple Family Residence Zone District as requested by CoCoSaJe, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 3400 Edgewood Road NE from A, Agriculture Zone District to RMF-1, Multiple Family Residence Zone District as requested by CoCoSaJe, LLC, was presented and read the first time. Council member Vernon 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 Olson. Approved. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at Kirkwood Boulevard SW and Four Oaks Drive SW from RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hunter Companies and Four Oaks Family & Children’s Services. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at Kirkwood Boulevard SW and Four Oaks Drive SW from RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hunter Companies and Four Oaks Family & Children’s Services, was presented and read the first time. Council member Vernon 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 Karr. Approved. Ayes, Council members Karr, Shey, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council members Gulick and Olson. A public hearing was held to consider a Quit Claim Deed for property identified as Parcel A of Plat of Survey 759 at 501 1st Street SE (Science Station) to 4000, LLC. No comments or objections were heard or filed. 0799-06-12, Quit Claim Deed for property identified as Parcel A of Plat of Survey 759 at 501 1st Street SE (Science Station) to 4000, LLC. A public hearing was held to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land located along the northeasterly property line of 327 11th Avenue SE in connection with improvements to electric service for the NewBo City Market. No comments or objections were heard or filed. 0800-06-12, Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property located on City-owned land located along the northeasterly property line of 327 11th Avenue SE in connection with improvements to electric service for the NewBo City Market. A public hearing was held to consider an Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing sub-sections and establishing new sections to provide an optional rate structure for Group III customers that allow greater production flexibility. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing sub-sections and establishing new sections to provide an optional rate structure for Group III customers that allow greater production flexibility, was presented and read the first time. Council member Swore 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 Olson. Approved. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the J Avenue Lime Silo Exterior Renovations project (estimated cost is $175,000). No comments or objections were heard or filed. 0801-06-12, adopting plans, specifications, form of contract and estimated cost for the J Avenue Lime Silo Exterior Renovations project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Parking Facility at 2nd St and 7th Ave SE – Bid Package 1 – Deep Foundations & Site Preparation/Utilities project (Deep Foundations estimated cost is $540,000; Site Preparation/Utilities estimated cost is $460,000). No comments or objections were heard or filed. 0802-06-12, adopting plans, specifications, form of contract and estimated cost for the Parking Facility at 2nd St and 7th Ave SE – Bid Package 1 – Deep Foundations & Site Preparation/Utilities project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Central Fire Station project (estimated cost is $13,000,000). No comments or objections were heard or filed. 0803-06-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Central Fire Station project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 1st Street SW Outdoor Amphitheater & Festival Grounds project (estimated cost is $4,470,000). One comment and two objections were heard. No written comments or objections were filed. 0804-06-12, adopting plans, specifications, form of contract and estimated cost for the 1st Street SW Outdoor Amphitheater & Festival Grounds project. A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial and Residential Structures (estimated cost is $1,045,000). No comments or objections were heard or filed. 0805-06-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial and Residential Structures (FLOOD). Public comments were heard. Council member Gulick moved to approve the Agenda; seconded by Council member Vernon. Council member Karr requested that Item Number 38t (Public Infrastructure Improvements Petition and Assessment Agreement with Hy-Vee, Inc. and Butschi Real Estate Company in connection with future public infrastructure improvements in C Avenue NE, Tower Terrace Road and adjacent streets) be removed from the Consent Agenda and moved to the Regular Agenda. Council member Shey requested that Item Number 23 (Motion approving various beer/liquor/wine applications) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Swore moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. June 26, 2012 – to consider amending Chapter 21 of the Municipal Code, Health Regulations, Section 21.13 Weeds, to update the notification process and amend minor verbiage. b. June 26, 2012 – to consider the continuation of the disposition of excess Cityowned property described as a multiple family residential property located at 1517 2nd Avenue SE. c. June 26, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to allow City Council to request review of Preliminary Site Development Plans. d. June 26, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update the City’s urban design standards; CIP/DID #397083 e. June 26, 2012 – to consider a change of zone for property at 3570 Rodgers Road NW from A, Agriculture Zone District to R-1, Single Family Residence Zone District as requested by Johannes Brothers Construction, Inc. f. June 26, 2012 – to consider granting an Easement for Private Way Ingress and Egress to Fawcett and Naibert, LLC from a portion of City-owned property located at 123 3rd Avenue SE, known as the Paramount Theater, and establish an 8.18’ x 20’ Access and Utility Easement within the former alley located southeasterly of 3rd Avenue SE between 1st Street SE and 2nd Street SE in connection with the Paramount Theatre Flood Recovery & Renovation project (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the Pre-Acidification Tank Roof Replacement project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on July 11, 2012 (estimated cost is $370,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the E Avenue NW – Phase 1, Ellis Boulevard to 3rd Street, Storm Sewer, Water Main, Sidewalk and Street Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 27, 2012 (estimated cost is $3,730,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Convention Complex Hotel – Interiors and Exterior Cladding project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on July 11, 2012 (General Contract estimated cost is $10,200,000; Mechanical Contract estimated cost is $4,200,000; Electrical Contract estimated cost is $2,900,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the Arrowhead Lane NE Drainage Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 27, 2012 (estimated cost is $240,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the Polk Elementary Sidewalks project, with a bid opening scheduled for July 17, 2012 at the Iowa Department of Transportation (estimated cost is $110,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the 2nd Avenue SE from 7th Street SE to 10th Street SE Two-Way Conversion and Traffic Signal Improvement Project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on June 27, 2012 (estimated cost is $480,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for June 26, 2012 and advertising for bids by publishing notice to bidders for the Horizontal Collector Well No. 6 Pump House project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on July 11, 2012 (estimated cost is $2,600,000). 0806-06-12, approving payment of bills. 0807-06-12, approving payment of payroll. 0808-06-12, approving transfer of funds. 0809-06-12, reappointing Thomas Hobson (effective through June 30, 2015) to the Airport Commission. 0810-06-12, appointing Laura Behrens (effective through June 30, 2015) and reappointing Susan O’Connor (effective through June 30, 2015) to the Board of Ethics. 0811-06-12, reappointing Carol Hustad (effective through June 30, 2015) to the Building/Fire Board of Appeals. 0812-06-12, appointing Laura Seaton (effective through June 30, 2015) and reappointing James Halverson (effective through June 30, 2015) to the City Planning Commission. 0813-06-12, appointing Tamara Cronin (effective through June 30, 2015) and Paulette Hall (effective through June 30, 2015) and reappointing Keith Rippy (effective through June 30, 2015) to the Civil Rights Commission. 0814-06-12, appointing Amanda Burns (effective through June 30, 2015) and reappointing Martha Hauerwas (effective through June 30, 2015) to the Housing Board of Appeals. 0815-06-12, reappointing Doug Elliott (effective through June 30, 2018), Jade Hart (effective through June 30, 2018) and Matthew Wilding (effective through June 30, 2018) to the Library Board of Trustees. 0816-06-12, appointing Susie Weinacht (effective through June 30, 2015) and James Voss (effective through June 30, 2015) and reappointing Jackie Thompson-Oster (effective through June 30, 2015) to the Parks & Recreation Commission. 0817-06-12, vote of thanks to Susie Weinacht for serving on the Board of Ethics. 0818-06-12, vote of thanks to Matthew O’Neal and Tom Takes for serving on the Building/Fire Board of Appeals. 0819-06-12, vote of thanks to Lana Baldus for serving on the City Planning Commission. 0820-06-12, vote of thanks to Mitchell Levin and Ruth White for serving on the Civil Rights Commission. 0821-06-12, vote of thanks to Ben Pothoff for serving on the Housing Board of Appeals. 0822-06-12, vote of thanks to Gretchen Aschoff and Timothy Polk for serving on the Parks & Recreation Commission. 0823-06-12, approving the special event application for the Kids Against Hunger 5K and 10K run and Family Fun Run on July 14, 2012 (including road closures). 0824-06-12, approving the special event application for the Cedar Rapids Freedom Festival Imagination Square at Greene Square Park on June 23, 2012 (includes street closures). 0825-06-12, approving the special event application for the Cedar Rapids Freedom Festival Parade on June 23, 2012 (includes street closures). 0826-06-12, approving the special event application for the Cedar Rapids Freedom Festival Celebration of Freedom fireworks and entertainment event on July 4, 2012 (including road closures). 0827-06-12, intent to assess for Solid Waste & Recycling clean-up costs at 4 properties. 0828-06-12, levy assessment for Solid Waste & Recycling clean-up costs at 7 properties. 0829-06-12, intent to assess – Utilities – Water Division – delinquent municipal utility bills – 19 properties. 0830-06-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 18 properties. 0831-06-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 22 properties. 0832-06-12, accepting Storm sewer in Cedar Ridge Place Second Addition and approving 2-year Maintenance Bond submitted by Maxwell Construction, Inc. in the amount of $41,700. 0833-06-12, accepting Portland Cement Concrete paving in Cedar Ridge Place Second Addition and approving 4-year Maintenance Bond submitted by City Wide Construction Corporation in the amount of $134,252.50. 0834-06-12, Development Agreement and Special Warranty Deed with Cedar Ridge Homes, Inc. for property at 515 7th Avenue SW for the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 0835-06-12, Development Agreement and Special Warranty Deed with Cedar Ridge Homes, Inc. for property at 613 3rd Avenue SW for the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 0836-06-12, Development Agreement and Special Warranty Deed with Jim Sattler, Inc. for property at 2207 D Street SW for the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 0837-06-12, Development Agreement and Special Warranty Deed with Skogman Construction Company of Iowa for property at 1117 8th Street SE for the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 0838-06-12, Development Agreement and Special Warranty Deed with V&B Enterprises L.C. for property at 1213 10th Street NW for the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 0839-06-12, rescinding Resolution No. 0449-03-12 and authorizing execution of a Corrective Special Warranty Deed for property at 1668 9th Street NW being conveyed to Jim Sattler, Inc. (FLOOD). 0840-06-12, rescinding Resolution No. 0450-03-12 and authorizing execution of a Corrective Special Warranty Deed for property at 1670 9th Street NW being conveyed to Jim Sattler, Inc. (FLOOD). 0841-06-12, approving the Final Plat of Sisley Grove First Addition located east of Sisley Grove Road and south of US Highway 30. 0842-06-12, adopting and levying final schedule of assessments and providing for the payment thereof for the 16th Avenue PCC Widening from Stoney Point Road to West Post Road project. Abstain, Council member Olson. 0843-06-12, establishing a difficult sample adjustment rate reduction of ten percent for total suspended solids during production of certain industrial products effective July 1, 2012. 0844-06-12, supporting development of new production options for new or existing industrial users by proposing elimination of 3-day demand charges during new product trial runs or testing effective July 1, 2012. 0845-06-12, approving emergency repair services at Water Pollution Control Facility from Tricon Construction Group for emergency repairs to the Roughing Filter #4 NTE for the total amount of $29,223.70. 0846-06-12, adopting the City’s revised debt Post-Issuance Compliance Policy for TaxAdvantaged Obligations. 0847-06-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for five properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0848-06-12, Amendment No. 1 to renew Agreement for Title Report Services with Iowa Title Services for the Public Works Department for an estimated annual amount of $50,000 (original contract amount was $15,000; renewal contract amount is $50,000). 0849-06-12, Amendment No. 1 to renew Police Agreement for OC, Handcuffs and Restraints, Helmets and Riot Gear with Carpenter Uniform Company for a total annual amount not to exceed $75,000 (original contract amount was $86,351.40; renewal contract amount is $75,000). 0850-06-12, Amendment No. 1 to renew Water Agreement for Commercial Water Meters and Accessories with Ferguson Waterworks for a total annual amount not to exceed $80,000 (original contract amount was $80,000; renewal contract amount is $80,000). 0851-06-12, Amendment No. 2 to renew Agreement for Recycling Carts with Rehrig Pacific Company for Solid Waste and Recycling for the total estimated annual amount not to exceed $283,500 (original contract amount was $350,000; renewal contract amount is $283,500). 0852-06-12, Amendment No. 3 to renew Agreement for Motor Repair with Janda Motor Services for a total annual amount not to exceed $85,000 (original contract amount was $57,000, renewal contract amount is $85,000). 0853-06-12, Amendment No. 3 to renew Agreement for Lime Sludge Disposal with Lee Crawford Quarry Co. for the Utilities Department, Water Operations for an estimated annual amount of $270,000 (original contract amount was $275,000; renewal contract amount is $270,000). 0854-06-12, Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $6,750 for environmental site assessment services in connection with the Cedar Rapids Fire Station No. 3 Project (original contract amount was $3,000; total contract amount with this amendment is $9,750). 0855-06-12, Amendment No. 2 to the Professional Services Agreement in the amount of $13,752 with Shive-Hattery Inc. for design services in connection with the Bever-Linden-Blake SE Area 2011 Water Main Improvements (original contract amount was $68,493; total contract amount with this amendment is $160,520). 0856-06-12, Amending Resolution No. 0964-07-11 to increase the Fiscal Year 2012 purchase amount from Hewlett- Packard Company for HP equipment for a total annual amount not to exceed $500,000 (original contract amount was $400,000; total contract amount with this amendment is $500,000). 0857-06-12, Change Order No. 2 in the amount of $20,660.15 with Ricklefs Excavating, Ltd. for the N Avenue NW 2011 Water Main Replacement project (original contract amount was $205,977.50; total contract amount with this amendment is $236,149.10). 0858-06-12, Change Order No. 7 in the amount of $103,699.30 with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,455,701.83). 0859-06-12, Letter of Agreement Renewal with Schrader Excavating & Grading Co. for the Repair of Water Service Lines FY13 for an estimated amount of $235,000. 0860-06-12, Information Technology Department purchase of Lenel Enterprise Security System including maintenance for the Water Pollution Control Facility from Communications Engineering Company in the amount of $40,000. 0861-06-12, accepting bid in the amount of $5,150 from Scallon Custom Homes, LLC and approving a Quit Claim Deed for the disposition of 1621 10th Street NW. 0862-06-12, accepting bid in the amount of $50,000 from Adroit, L.C. and approving a Quit Claim Deed for the disposition of 219 2nd Avenue SE. 0863-06-12, accepting bid in the amount of $72,904 from Richard L. Cook and approving a Quit Claim Deed for the disposition of 731 3rd Street SW. 0864-06-12, Easement for Sanitary Sewer from Champion Innovations, Inc. for the consideration of $1 and other valuable consideration for Lot 5 and Lot 9, Champion First Addition. 0865-06-12, Purchase Agreement in the amount of $2,880 and accepting an Easement for Drainage and a Temporary Grading Easement for Construction from Keystone Place, LLC from land located at 6126 Rockwell Drive NE in connection with the Arrowhead Lane NE Drainage Improvements project. 0866-06-12, Purchase Agreement in the amount of $4,680 and accepting an Easement for Drainage and a Temporary Grading Easement for Construction from Craig A. Hartman and Deborah A. Hartman from land located at 2650 Adirondack Drive NE in connection with the Adirondack Drive NE Drainage Improvements project. 0867-06-12, Total Acquisition Purchase Agreement in the amount of $97,800 with Sevig Development, L.C. for vacant real properties located at 1931, 2007 and 2013 Roosevelt Road SW. 0868-06-12, Parks and Recreation Department, Golf and Recreation Operations purchase of wholesale beer and related products in the amount of $133,000 for Fiscal Year 2013 concession sales. 0869-06-12, contract extension with Governor’s Office of Drug Control Policy for the Methamphetamine Hot Spots Grant Program Fiscal Year 2010 Award. 0870-06-12, User Agreement with the State of Iowa Department of Public Safety Iowa On-Line Warrants and Articles System to facilitate the interchange of information. 0871-06-12, Grant Application for a State Energy Program administered through the Iowa Office of Energy Independence to assist with the funding of energy efficient lighting retrofits at Water Pollution Control and the J Avenue Water Plant. 0872-06-12, purchase of National Flood Insurance Program coverage through Selective Insurance Company for an amount not to exceed $82,386. 0873-06-12, Fleet Services Division purchase of three 2012 Ford Fusion mid-sized sedans, two 2012 Ford Focus compact sedans and one Ford E150 ¾ ton cargo van from Charles Gabus Ford for a total amount of $105,853. 0874-06-12, Water Division purchase of two replacement Bry-Air Dehumidifiers from Bry-Air, Inc. in the amount of $28,252. 0875-06-12, awarding and approving contract for an amount not to exceed $28,570.50, bond and insurance of Kelly Demolition LLC for the RACM Demolition Services for 235 27th Street NW. 0876-06-12, Fleet Services Division purchase of one additional standard cab chassis (19,000 GVWR) from Junge Ford Center Point for a total amount of $39,747. 0877-06-12, agreement for purchase and installation of replacement doors with Dan’s Overhead Doors for an amount not to exceed $32,605. 0878-06-12, Hilton Worldwide to utilize its procurement process to maintain certain specifications for hotel products related to Information Technology (IT), fitness room, mock up rooms, operating supplies and equipment (OS&E), exterior signage, uniforms, and telephone equipment for an amount not to exceed $1,900,000. 0879-06-12, Amendment No. 3 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $24,200 for geotechnical services in connection with the Central Fire Station project (original contract amount was $88,300; total contract amount with this amendment is $242,250) (FLOOD). 0880-06-12, Change Order No.1 in the amount of $22,920 with B.G. Brecke, Inc. for the Mohawk Park Water Service project (original contract amount was $35,000.00; total contract amount with this amendment is $57,920) (FLOOD). 0881-06-12, Change Order No. 5 in the amount of $3,155 with Miron Construction Company, Inc. for the May’s Island Parkade project (original contract amount was $724,200; total contract amount with this amendment is $824,483) (FLOOD). 0882-06-12, Change Order No. 1 in the amount of $24,558.07 with Connolly Construction, Inc. for the 2012 FEMA Detention Basin Repairs project (original contract amount was $137,850.10; total contract amount with this amendment is $162,408.17) (FLOOD). 0883-06-12, Change Order No. 9 in the amount of $6,880 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,620,641) (FLOOD). Abstain, Council member Swore. 0884-06-12, Change Order No. 5 in the amount of $31,006 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $6,558,583) (FLOOD). Abstain, Council member Swore. 0885-06-12, Change Order No. 4 in the amount of $33,547.99 with Pirc-Tobin Construction, Inc. for the Sidewalk, Street and Storm Sewer Intake Repair – FEMA Project #1 (original contract amount was $1,096,327.75; total contract amount with this amendment is $1,190,448.78) (FLOOD). 0886-06-12, Change Order No. 3 in the amount of $26,997.95 with Price Industrial Electric, Inc. for the Joint Communications Network Group 3 Downtown System Improvements and Repair project (original contract amount was $413,898.85; total contract amount with this amendment is $451,771.80) (FLOOD). 0887-06-12, Amendment to Lease – Business Property from Chris Eden and Jesse McElmeel for property located at 2109 North Towne Lane NE for continued use as the temporary Animal Care and Control facility (FLOOD). 0888-06-12, awarding and approving contract in the amount of $4,077,911, bond and insurance of Kleiman Construction, Inc. for the CR Transit Bus Garage project (estimated cost is $3,700,000) (FLOOD). 0889-06-12, Development Agreement with Matthew 25 Ministry Hub for the rehabilitation of City-owned property at 1317 J Street SW acquired through the Voluntary Property Acquisition Program (FLOOD). 0890-06-12, commitment to secure a bridge loan for Business Solutions Group for an amount not to exceed $83,000 with Community Disaster Grant funds allocated for business gaps (FLOOD). 0891-06-12, Agreement for Paramount Theatre Orchestra Furniture with Wenger Corporation for a total amount not to exceed $56,099.10 (FLOOD). 0892-06-12, Agreement for Paramount Theatre Lounge Furniture, Tables, Stacking Chairs and Lectern with M. Hanson & Company for a total amount not to exceed $140,549.44 (FLOOD). Motion approving the beer/liquor/wine applications of Benz Beverage Depot, 501 7th Avenue SE; Casey’s General Store #2762, 20 Miller Avenue SW; Casey’s General Store #2763, 641 Edgewood Road NW; Casey’s General Store #2766, 380 33rd Avenue SW; Casey’s General Store #2772, 3349 Mt Vernon Road SE; Casey’s General Store #2773, 3625 Edgewood Road SW; Casey’s General Store #2787, 1661 32nd Street NE; Casey’s General Store #2850, 5655 C Street SW; Cedar Rapids Residence Inn, 1900 Dodge Road NE; Cedar River Landing, 301 F Avenue NW (outdoor service for July 26, 2012-RAGBRAI); Chrome Horse Slop House & Saloon, 1202 3rd Street SE (outdoor service for July 25-27, 2012-RAGBRAI); Cigarette Outlet #14, 225 Edgewood Road NW; Double Inn, 629 Ellis Blvd NW (outdoor service for July 26-27, 2012-RAGBRAI); Fieldhouse Downtown, 411 1st Street SE (outdoor service for sidewalk café); JM O’Malley’s, 1502 H Avenue NE (outdoor service for events June 21-24 and June 28-July 5, 2012); National Czech & Slovak Museum & Library, 1400 Inspiration Place SW (new); New Shack Tavern, 2545 Old River Road SW; Outskirts, 58 Miller Avenue SW (outdoor service for an event on June 23-24, 2012); Rumors, 400 F Avenue NW (outdoor service for July 26-27, 2012-RAGBRAI); Time Out Lounge, 3230 16th Avenue SW (outdoor service for an event on June 30, 2012); VenuWorks of Cedar Rapids, 1100 Rockford Road SW (5-day license for the BB-Q Round-Up at Lot #44 - 8th Avenue and 2nd Street SE on June 21-25, 2012); Walgreen’s #03875, 2821 1st Avenue SE (switching to Class E liquor); Walgreen’s #05042, 3325 16th Avenue SW (switching to Class E liquor); Zin’s, 227 2nd Avenue SE (5-day permit for June 16, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market). 0893-06-12, Public Infrastructure Improvements Petition and Assessment Agreement with Hy-Vee, Inc. and Butschi Real Estate Company in connection with future public infrastructure improvements in C Avenue NE, Tower Terrace Road and adjacent streets. Report on bids for the City of Cedar Rapids Water Pollution Control Facility Permanent Flood Repairs Package 3 - Intermediate Lift, Final Lift, Secondary Treatment, Unit Substations 3 & 7, Cryogenic Oxygen Generation, and Activated Sludge project. (Pat Ball) Rice Lake Construction Group Joseph J. Henderson & Son, Inc. WRH, Inc. Tricon General Construction Deerwood, MN Gurnee, IL Cedar Rapids, IA Dubuque, IA $7,748,600 $8,744,000 $9,276,000 $9,790,000 0894-06-12, awarding and approving contract in the amount of $7,748,600, bond and insurance of Rice Lake Construction Group for the City of Cedar Rapids Water Pollution Control Facility Permanent Flood Repairs Package 3 - Intermediate Lift, Final Lift, Secondary Treatment, Unit Substations 3 & 7, Cryogenic Oxygen Generation, and Activated Sludge project (estimated cost is $9,200,000) (FLOOD). Report on bids for the Environmental Remediation Services for Flood Damaged Commercial Structures for up to 50 flood-damaged commercial structures. (John Riggs) ECCO Midwest, Inc. Horsley Specialties, Inc. Lindstrom Environmental New Horizons Enterprises South St. Paul, MN Rapid City, SD Plymouth, MN Kansas City, MO $797,675 $888,340 $1,568,260 $1,582,350 0895-06-12, awarding and approving contract for an amount not to exceed $797,675, bond and insurance of ECCO Midwest, Inc. for the Environmental Remediation Services for Flood Damaged Commercial Structures (estimated cost is $1,100,000) (FLOOD). Report on bids for the Demolition Services for Flood Damaged Residential Structures for demolition services for 62 flood-damaged residential parcels. (John Riggs) BWC Excavating, LC Kelly Demolition, LLC DW Zinser Company Solon, Iowa Mt. Vernon, IA Walford, IA $691,300.00 $748,400.50 Mistake in Bid 0896-06-12, awarding and approving contract for the amount not to exceed $691,300, bond and insurance of BWC Excavating, LC for Demolition Services Flood Damaged Residential Structures (estimated cost is $945,700) (FLOOD). Abstain, Council member Gulick. Report on bids for the Demolition Services for Flood Damaged Commercial Structures for the demolition of 16 flood-damaged commercial parcels. (John Riggs) DW Zinser Company Kelly Demolition, LLC Walford, IA Mt. Vernon, IA $499,180.00 $513,131.75 0897-06-12, awarding and approving contract for the amount not to exceed $499,180, bond and insurance of D.W. Zinser Company for the Demolition Services for Flood Damaged Commercial Structures (estimated cost is $1,100,000) (FLOOD). Presentation regarding Item Number 43: Sandy Pumphrey 0898-06-12, awarding and approving contract in the amount of $12,402,000 plus incentive up to $20,000, bond and insurance of Knutson Construction Services Midwest for the Cedar Rapids Convention Complex Parking Ramp (and Skywalk) project (parking ramp estimated amount is $10,500,000; skywalk estimated amount is $1,000,000). Discussion regarding Item Number 44: Vern Zakostelecky 0899-06-12, consider approval of a Preliminary Site Development Plan for property at Kirkwood Community College Campus, zoned O-S, Office/Service Zone District and considered an “Essential Service” as requested by Kirkwood Community College and Linn County Joint Communication. Ordinance No. 040-12, being an Ordinance vacating public ways and grounds in and to the property described as a 6,011 square-foot parcel of right-of-way located in the alley from 7th Street SE to 8th Street SE and between 1st Avenue SE and 2nd Avenue SE as requested by the City of Cedar Rapids in connection with the new Central Fire Station Flood Recovery project, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. 0900-06-12, establishing two Utility Easements for existing utilities and designating Cityowned property as right-of-way for 7th Street SE, 8th Street SE and 2nd Avenue SE as requested by the City of Cedar Rapids (FLOOD). Public comments were heard. At 1:42 p.m. Council member Gulick moved to recess and reconvene in the Chambers Conference Room to meet in closed session to discuss strategy with legal counsel in a matter where litigation is imminent because its disclosure would likely prejudice or disadvantage the position of the City Council in that litigation, as well as to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property; seconded by Council member Vernon. Council was polled. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. [City Manager Jeff Pomeranz arrived and went into closed session with Council along with City Attorney James Flitz] Council member Gulick moved to come out of closed session; seconded by Council member Vernon. Council was polled. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 2:31 p.m. to meet Tuesday, June 26, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Council member Poe Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Swore Cedar Rapids, Iowa, June 19, 2012; 3:00 p.m. City Council met for a Special Session in City Hall, 101 First Street SE, Blairs Ferry Conference Room. Present, Council members Gulick, Karr, Swore and Olson. Council member Shey participated and voted on the resolution by way of telephone. Also present were Acting City Manager Casey Drew, Assistant City Attorney Mo Sheronick, Rob Davis, Engineering Manager and Sandy Pumphrey, Building Facilities Capital Project Manager. Absent, Mayor Corbett, Council members Poe, Shields and Vernon. Council member Gulick chaired the meeting. The following resolution was approved with all Council members voting “Aye” unless noted. Discussion: Rob Davis 0901-06-12, discontinuing the current bid letting process for the Parking Facility at 2nd St and 7th Ave SE – Bid Package 1 – Deep Foundations & Site Preparation/Utilities project and cancelling the June 20, 2012 bid letting for this project. Council member Swore moved to adjourn; seconded by Council member Olson. Ayes, Council members Gulick, Karr, Shey, Swore and Olson. Meeting adjourned at 3:07 p.m. Amy Stevenson, City Clerk MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA June 26, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Karr, Olson, Poe, Shey, Shields and Swore. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. Absent, Council members Gulick and Vernon. The invocation was given by Police Chaplain Tim Carter. Pledge of Allegiance. A public hearing was held to consider amending Chapter 21 of the Municipal Code, Health Regulations, Section 21.13 Weeds, by updating the notification process and amending minor verbiage. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 21 Municipal Code, Health Regulations, Section 21.13 Weeds, by updating the notification process and amending minor verbiage, was presented and read the first time. Council member 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 Swore. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. A public hearing was scheduled to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to allow City Council to request review of Preliminary Site Development Plans. The public hearing was cancelled at the request of the Community Development Department and will be rescheduled for a later date. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update the City’s Urban Design Standards. One comment was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update the City’s Urban Design Standards, was presented and read the first time. Council member Karr 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 Swore. members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Approved, Ayes, Council A public hearing was held to consider a change of zone for property at 3570 Rodgers Road NW from A, Agriculture Zone District to R-1, Single Family Residence Zone District as requested by Johannes Brothers Construction, Inc. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 3570 Rodgers Road NW from A, Agriculture Zone District to R-1, Single Family Residence Zone District as requested by Johannes Brothers Construction, Inc., was presented and read the first time. Council member 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 Karr. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. A public hearing was held to consider the continuation of the disposition of excess Cityowned property described as a multiple family residential property located at 1517 2nd Avenue SE. No comments or objections were heard or filed. 0902-06-12, to continue the disposition of excess City-owned property described as a multiple family residential property located at 1517 2nd Avenue SE. A public hearing was held to consider granting an Easement for Private Way Ingress and Egress to Fawcett and Naibert, LLC from a portion of City-owned property located at 123 3rd Avenue SE, known as the Paramount Theatre, and establish an 8.18’ x 20’ Access and Utility Easement within the former alley located southeasterly of 3rd Avenue SE between 1st Street SE and 2nd Street SE in connection with the Paramount Theatre Flood Recovery & Renovation project. No comments or objections were heard or filed. 0903-06-12, Easement for Private Way Ingress and Egress in the amount of $1 to Fawcett and Naibert, LLC from a portion of City-owned property located at 123 3rd Avenue SE, known as the Paramount Theatre, in connection with the Paramount Theatre Flood Recovery & Renovation project (FLOOD). 0904-06-12, establishing a Permanent Access and Utility Easement over a portion of the former alley located southeasterly of 3rd Avenue SE and between 1st Street SE and 2nd Street SE (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Pre-Acidification Tank Roof Replacement project (estimated cost is $370,000). No comments or objections were heard or filed. 0905-06-12, adopting plans, specifications, form of contract and estimated cost for the Pre-Acidification Tank Roof Replacement project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Horizontal Collector Well No. 6 Pump House project (estimated cost is $2,600,000). No comments or objections were heard or filed. 0906-06-12, adopting plans, specifications, form of contract and estimated cost for the Horizontal Collector Well No. 6 Pump House project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the E Avenue NW – Phase 1, Ellis Boulevard to 3rd Street, Storm Sewer, Water Main, Sidewalk and Street Improvements project (estimated cost is $3,730,000). No comments or objections were heard or filed. 0907-06-12, adopting plans, specifications, form of contract and estimated cost for the E Avenue NW – Phase 1, Ellis Boulevard to 3rd Street, Storm Sewer, Water Main, Sidewalk and Street Improvements project. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Hotel – Interiors and Exterior Cladding project (General Contract estimated cost is $10,200,000; Mechanical Contract estimated cost is $4,200,000; Electrical Contract estimated cost is $2,900,000). No comments or objections were heard or filed. 0908-06-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Hotel – Interiors and Exterior Cladding project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Arrowhead Lane NE Drainage Improvements project (estimated cost is $240,000). No comments or objections were heard or filed. 0909-06-12, adopting plans, specifications, form of contract and estimated cost for the Arrowhead Lane NE Drainage Improvements project. A public hearing was held to consider the proposed revised plans, specifications, form of contract and estimated cost for the Polk Elementary Sidewalks project (estimated cost is $110,000). One objection was heard. Written objections were filed. 0000-00-00, adopting plans, specifications, form of contract and estimated cost for the Polk Elementary Sidewalks project (currently on the table). Council member Karr moved to remove the resolution from the table; seconded by Council member Poe. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Motion carried. Council member Karr moved the adoption of the resolution; seconded by Council member Poe. Ayes, none. Nays, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. RESOLUTION FAILED. 0910-06-12, adopting revised plans, specifications, form of contract and estimated cost for the Polk Elementary Sidewalks project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2nd Avenue SE from 7th Street SE to 10th Street SE Two-Way Conversion and Traffic Signal Improvement Project (estimated cost is $480,000). No comments or objections were heard or filed. 0911-06-12, adopting plans, specifications, form of contract and estimated cost for the nd 2 Avenue SE from 7th Street SE to 10th Street SE Two-Way Conversion and Traffic Signal Improvement Project. Council member Olson moved to approve the Agenda; seconded by Council member Karr. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Motion carried. Council member Olson moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. July 10, 2012 – to consider the vacation of public ways and grounds in and to the property described as a 60-foot wide parcel of City-owned right-of-way located west of and adjacent to 1200 Edgewood Road NW as requested by the City of Cedar Rapids in connection with the Fire Station #3 project. b. July 10, 2012 – to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property on Cityowned land located at the northeasterly property line of 1020 3rd Street SE in connection with improvements to electric service for the NewBo City Market. Abstain, Council member Poe. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 24, 2012 and advertising for bids by publishing notice to bidders for the 2nd Avenue SW from 3rd Street to 6th Street Pavement Reconstruction and Water Main Improvements project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce results on July 25, 2012 (estimated cost is $1,820,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 10, 2012 and advertising for bids by publishing notice to bidders for the 6th Street SW – Pavement Rehabilitation from Waconia Avenue to 66th Avenue SW project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on July 11, 2012 (estimated cost is $625,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 10, 2012 and advertising for bids by publishing notice to bidders for the 80th Street SW and 1st Avenue West Intersection Improvements project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on July 18, 2012 (estimated cost is $120,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 24, 2012 and advertising for bids by publishing notice to bidders for the City Services Center – Bid Package 1 – Phase 1 Abatement and Demolition project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on July 25, 2012 (estimated cost is $365,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 10, 2012 and advertising for bids by publishing notice to bidders for the SE Quadrant, 2008 Flood Area Sanitary Sewer Restoration, Phase One project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on July 18, 2012 (estimated cost is $290,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing for July 10, 2012 and advertising for bids by publishing notice to bidders for the Veterans Memorial Phase III project and authorizing the Veterans Memorial Director, or designee, to receive and open bids and publicly announce the results on August 1, 2012 (estimated cost is $4,500,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 10, 2012 and advertising for bids by publishing notice to bidders for the City Services Center - New Permanent Fuel Station and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on July 11, 2012 (estimated cost is $325,000) (FLOOD). Motion appointing Justin Shields as temporary Mayor Pro Tempore for the purposes of signing the June 26, 2012 resolutions, ordinances and other necessary documents. Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. Best Western Cooper’s Mill Hotel, 100 F Avenue NW; Cedar Rapids Country Club, 550 27th Street Drive SE; Cedar Rapids Ice Arena, 1100 Rockford Road SW; Checker’s Tavern & Eatery, 3120 6th Street SW; Club Basix, 3916 1st Avenue NE (outdoor service for an event on July 7-8, 2012); Coral Isle Club-Knights of Columbus, 716 A Avenue NE; g. Comfort Inn, 5055 Rockwell Drive NE (new); h. Cedar Rapids Elk’s Lodge # 251, 801 33rd Avenue SW; i. El Mercadito, 700 1st Avenue NW, Suite B (new - switching to Class C Beer retail formerly El Mercadito La Salsita - creating two businesses); j. Hotel at Kirkwood Center, 7725 Kirkwood Boulevard SW; k. Hy-Vee Drugstore #6, 4035 Mt. Vernon Road SE; l. Hy-Vee Food Store #3, 20 Wilson Avenue SW; m. Hy-Vee Food Store #4, 1556 1st Avenue NE; n. Hy-Vee Food Store #5, 3235 Oakland Road NE; o. La Salsita, 700 1st Avenue NW, Suite A (new – formerly El Mercadito La Salsita creating two businesses); p. Los Compadres Mexican Bar & Grill, 2825 6th Street SW; q. Millstream Brewhaus, 2121 Arthur Collins Pkwy SW; r. National Czech & Slovak Museum & Library, 1400 Inspiration Place SW (outdoor service for an event on July 14, 2012); s. Pub Mitchell, 1100 1st Street SW; t. Red’s Public House, 112 2nd Street SE; u. Rumors, 400 F Avenue NW (outdoor service for events on June 29-30, July 3-4, July 13-14, July 27-28, August 10-11 and August 24-25, 2012); v. Sierra Foods, 3326 Center Point Road NE; w. Tornado’s Tournament Room, 1400 3rd Street SE (outdoor service for an event on July 27-28, 2012); x. Zin’s, 227 2nd Avenue SE (5-day permit for July 7, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market). 0912-06-12, approving payment of bills. 0913-06-12, approving payment of payroll. 0914-06-12, appointing Dave Hogan (effective through June 30, 2015) and reappointing Matthew O’Neal (effective through June 30, 2015) to the Building/Fire Board of Appeals. 0915-06-12, reappointing Nancy Evans (effective through April 4, 2016) to the Civil Service Commission. 0916-06-12, appointing Theodore Meiners (effective through June 30, 2015) and reappointing Victor Brown (effective through June 30, 2015) and Erik Munson (effective through June 30, 2015) to the Electrical Board for Licensing and Appeals. 0917-06-12, reappointing Brenda Blevins (effective through June 30, 2013), Leland Freie (effective through June 30, 2013) and Melissa White (effective through June 30, 2013) to the Grants & Programs Citizens Advisory Committee. 0918-06-12, appointing Moira Blake (effective through June 30, 2015), Leslie Charipar (effective through June 30, 2015), Tim Oberbroeckling (effective through June 30, 2015) and Barbara Westercamp (effective through June 30, 2015) to the Historic Preservation Commission. 0919-06-12, appointing Alison Brown (effective through June 30, 2015) and reappointing Thomas Day (effective through June 30, 2015) and James Meyer-Gast (effective through June 30, 2015) to the Plumbing Board of Appeals. 0920-06-12, appointing Bridgett Cardenas, Larry Eason, Lora Ferguson, Hana Hassan, Shannon Holmquist, Ed Syrovy, Heidi Taylor and Yvonne Tetter and reappointing Anna Dennis, Effie McCollum and Sharon Wilson to the Resident Advisory Board. 0921-06-12, appointing Steven Dummermuth, Jr. (effective through June 30, 2015), Ann Lipsky (effective through June 30, 2015) and Cathy Terukina (effective through June 30, 2015) and reappointing John Riccolo (effective through June 30, 2015) and to the SelfSupported Municipal Improvement District Commission (SSMID). 0922-06-12, reappointing Sam Shea (effective through June 30, 2015) to the Stormwater Commission. 0923-06-12, appointing Constance Arens (effective through June 30, 2015) and reappointing Gary Grant (effective through June 30, 2015) to the Veterans Memorial Commission. 0924-06-12, appointing Mel Andringa (effective through June 30, 2015), Marilee Fowler (effective through June 30, 2015), Andi Londquist (effective through June 30, 2015), Grant Stevens (effective through June 30, 2014) and reappointing Arbe Bareis (effective through June 30, 2015) and Ann Knierim (effective through June 30, 2015) to the Visual Arts Commission. Abstain, Council member Poe. 0925-06-12, vote of thanks to Dave Justice for serving on the Electrical Board for Licensing and Appeals. 0926-06-12, vote of thanks to Marcia Harris and Martin Hoeger for serving on the Grants & Programs Citizens Advisory Committee. 0927-06-12, vote of thanks to Bradley Fritz, Timothy Klima, Kevin Papp and Maura Pilcher for serving on the Historic Preservation Commission. 0928-06-12, vote of thanks to Gary Ficken, Stephen Hammes and Lisa Kuzela for serving on the Local Option Sales Tax (LOST) Citizen Oversight Committee. 0929-06-12, vote of thanks to Brian Rogers for serving on the Plumbing Board of Appeals. 0930-06-12, vote of thanks to Michelle Conlon, Debra Fairley and Melanie Hoffman for serving on the Resident Advisory Board. 0931-06-12, vote of thanks to Steve Caves, Steve Dummermuth, Sr., Michael Frantz and Mark Long for serving on Self-Supported Municipal Improvement District Commission (SSMID). 0932-06-12, vote of thanks to Stacie Johnson for serving on the Stormwater Commission. 0933-06-12, vote of thanks to Pat Healy, Rachel Mills and Jennifer Neumann for serving on the Visual Arts Commission. 0934-06-12, reducing the number of members on the Local Option Sales Tax (LOST) Citizen Oversight Committee from seven to four (FLOOD). 0935-06-12, approving the special event application for the Cedar Valley Running Association Fifth Season Road Races on July 3-4, 2012 (including road closures). 0936-06-12, approving the special event application for the KCRG-TV Kids’ Parade on July 4, 2012 (including road closures). 0937-06-12, amending Resolution No. 0826-06-12 to authorize an additional road closure for the “Celebration of Freedom” fireworks and entertainment event on July 4, 2012. 0938-06-12, approving the special event application for the National Czech and Slovak Museum and Library “Grand Opening Celebration” event on July 14-15, 2012 (including road closures). 0939-06-12, approving the special event application for the Cedar Rapids Fire Department and Muscular Dystrophy Association of Eastern Iowa “Fill the Boot” events on July 6, August 3, 30, 31 and September 1, 2012. 0940-06-12, levy assessment – Solid Waste & Recycling for clean-up costs at 3 properties. 0941-06-12, intent to assess – Utilities – Water Division for delinquent municipal utility bills – 19 properties. 0942-06-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 23 properties. 0943-06-12, levy assessment – Public Works – delinquent weed mowing charges - 12 properties. 0944-06-12, levy assessment – Public Works – delinquent snow removal charges - 16 properties. 0945-06-12, accepting the Water Plants Disinfection System Improvements project, accepting Performance Bond and authorizing issuance of final payment in the amount of $260,305.55 to Miron Construction Co., Inc. (original contract amount was $35,104,000; final contract amount is $34,920,450.33). 0946-06-12, accepting the FY 2011 City of Cedar Rapids, Iowa Sanitary Sewer Improvements – Lining project, accepting Performance Bond and authorizing issuance of final payment in the amount of $26,927.91 to Municipal Pipe Tool Company, LLC (original contract amount was $574,311.50; final contract amount is $538,558.28). 0947-06-12, accepting Environmental Remediation Services of Flood Damaged Structures project, accepting Performance Bond and authorizing issuance of final payment in the amount of $42,600.95 to Environmental Works, Inc. (original contract amount was $1,279,235; final contract amount is $852,019.04) (FLOOD). 0948-06-12, rescinding Resolution No. 1180-05-03 and establishing a “30 Minute Free Parking” area for City Hall visitors adjacent to the new City Hall along the west side of 1st Street SE south of 1st Avenue to provide a more customer friendly parking area. 0949-06-12, approving a variance request in accordance with Section 31.01(h) of the City Subdivision Ordinance and approving an extension of the City approval periods for the Major Preliminary Plat of Airport Plaza Addition and the Final Plat of Airport Plaza First Addition, for property located east of 6th Street SW and north of Wright Brothers Boulevard SW. 0950-06-12, accepting the Affidavit for Service Line Reimbursement from Lloyd A. Kral, Sr., owner of the property at 1807 C Avenue NE, agreeing to reimburse the City on a monthly installment basis for the replacement of his water service line. 0951-06-12, authorizing the park at the intersection of 1st Avenue and 1st Street NE be renamed “Five Seasons Plaza” to coincide with the complete renovation of the park. 0952-06-12, authorizing the naming of the new dog park at Squaw Creek Park as “K-9 Acres.” 0953-06-12, approving travel in the amount of $3,170.60 for the Utilities Safety Trainer for attending the American Society for Training & Development International Conference in Denver, Co. from May 5–10, 2012. 0954-06-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for seven properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 0955-06-12, approving Fiscal Year 2013 Hotel Motel applicant allocations in the total amount of $1,470,282. 0956-06-12, Amendment No. 1 to the Agreement for Fiber Optic Cabling Material with Terry Durin Company to reflect additional materials required for the JCN project for an amount not to exceed $34,840.04 (original contract amount was $259,974.96; total contract amount with this amendment is $294,815). 0957-06-12, Amendment No. 4 to the Professional Services Agreement with Snyder & Associates, Inc. specifying an increased amount not to exceed $33,570 for design and contract document preparation services in connection with the Bever Avenue SE Rehabilitation project (original contract amount was $120,721; total contract amount with this amendment is $329,811). 0958-06-12, Amendment No. 3 to Agreement for Legislative Services with Grant Consulting LLC / L&L Murphy Consulting Associates for the one year period of July 1, 2012 – June 30, 2013 for an amount not to exceed $60,000 (original contract amount was $60,000; total contract amount with this amendment is $240,000). 0959-06-12, Rescinding Resolution No. 0759-05-12 and authorizing execution of Amendment No. 4 to the Professional Sevices Agreement with Frew Nations Group, LLC in the amount of $216,000 in connection with the Cedar Rapids Convention Complex project (original contract amount was $3,778,800; total contract amount with this amendment is $7,042,207). 0960-06-12, Change Order No. 17 in the amount of $61,897.57 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,649,721.25). 0961-06-12, Change Order No. 1 in the amount of $43,100 with Price Industrial Electric, Inc. for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project (original contract amount was $1,148,668; total contract amount with this amendment is $1,191,768). 0962-06-12, Change Order No. 2 in the amount of $50,156.53 with L.L. Pelling Company, Inc. for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project (original contract amount was $687,268.80; total contract amount with this amendment is $735,609.93). 0963-06-12, Change Order No. 7 in the amount of $119,199 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $28,926,338). Abstain, Council member Swore. 0964-06-12, Change Order No. 5 in the amount of $769 with Tricon Construction Group for the May’s Island Maintenance Package project (original contract amount was $403,000; total contract amount with this amendment is $446,948.53). 0965-06-12, Change Order Nos. 4, 5 and 6 in the amount of $21,690.70 with Harris Corporation in connection with the Linn County 800 MHz Radio System and authorizing issuance of purchase orders and payments in accordance with the contracted schedule. 0966-06-12, Agreement for Marketing Communications Services with ME&V for a total annual amount not to exceed $150,000. 0967-06-12, Fleet Services Division purchase of one Smithco Spray Star 1750 spray vehicle and one Smithco Spray Star 1600P spray vehicle for golf grounds maintenance for use by Golf Operations from Turfwerks for a total amount of $57,079.20. 0968-06-12, Fleet Services Division purchase of two John Deere mowers from Van-Wall Equipment, Inc. for use by Golf Operations for a total amount of $54,832. 0969-06-12, Fleet Services Division purchase of one Toro Reelmaster mower from MTI Distributing for use by Golf Operations for an amount of $40,656.17. 0970-06-12, partial release of retained funds to Tricon General Construction on the Ash Lagoon Liner Project in the amount of $32,177.02. 0971-06-12, Agreement with the Iowa Department of Transportation (IDOT) in the amount of $13,585 for construction of Curb Ramps in connection with the Williams Boulevard SW (U.S. Business 151/Iowa 922) at Wiley Boulevard SW and Edgewood Road SW Intersection Improvements project. 0972-06-12, accepting the established fair market value in the amount of $5,725 for the partial acquisition of a permanent drainage easement and a temporary grading easement for construction from 6202 Rockwell Drive NE, owned by Timberland Partners XXX, LLP, in connection with the Arrowhead Lane NE Drainage Improvements project. 0973-06-12, Purchase Agreement in the amount of $1,775 and accepting an Easement for Traffic Control and Street Light Electrical Facilities from U.S. Bank National Association from land located on the south side of 1st Avenue East, west of 3rd Street SE, in connection with the Cedar Rapids Convention Complex project. 0974-06-12, Professional Services Agreement with Terracon Consultants, Inc. for an amount not to exceed $125,000 for construction testing services in connection with the Cedar Rapids Convention Complex Parking Ramp and Skywalk project. 0975-06-12, Professional Services Agreement with Frew Nations Group for an amount not to exceed $250,000 for construction inspection services in connection with the Cedar Rapids Convention Complex Parking Ramp and Skywalk project. 0976-06-12, renewal of Computer Aided Dispatch (CAD) Software Maintenance Service Agreement with Intergraph Public Safety, Inc. in the amount of $63,105 for the period of July 1, 2012 through June 30, 2013. 0977-06-12, Agreement with the Commission on Accreditation for Law Enforcement Agencies (CALEA) Public Safety Communications Accreditation not to exceed $5,800 to develop a comprehensive uniform set of written directives and standards to better serve the citizens of Cedar Rapids. 0978-06-12, Housing Enterprise Zone Program Agreements with the Iowa Economic Development Authority (IEDA) for Skogman Construction Company and Premier Developers for construction of 29 new single-family homes approved through the City’s Single Family New Construction Program. Abstain, Council member Olson. 0979-06-12, Amendment No. 1 to reflect the removal of subgrade gravel and the installation of a construction entrance with BWC Excavating, LC for Demolition Services for Bob’s Wholesale Cars & Parking Lots and resolution to close the project (original contract amount was $43,220; final contract amount with this amendment is $43,444.86) (FLOOD). 0980-06-12, Change Order No. 5 in the amount of $8,894 with Modern Piping, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Mechanical & Plumbing Bid Bundle) project (original contract amount was $2,654,000; total contract amount with this amendment is $2,724,013.82) (FLOOD). Abstain, Council member Swore. 0981-06-12, Change Order No. 3 in the amount of $23,586 with Olympic Companies, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Historical Plaster and Paint Bid Bundle) project (original contract amount was $2,949,340; total contract amount with this amendment is $2,987,528) (FLOOD). 0982-06-12, Change Order No. 2 in the amount of $249,446 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase I project (original contract amount was $5,540,000; total contract amount with this amendment is $5,798,710) (FLOOD). 0983-06-12, Professional Services Agreement with Terracon Consultants, Inc. for an amount not to exceed $56,248 for construction testing services in connection with the City Services Center project (formerly known as the Public Works Flood Recovery project) (FLOOD). 0984-06-12, Professional Services Agreement with Shoemaker & Haaland Professional Engineers for an amount not to exceed $618,807 for design services in connection with the NE & NW Quadrants, Flood Area Sanitary Sewer Repairs, Phase II project (FLOOD). 0985-06-12, Agreement for Historic & Archaeological Consultant Services for Flood Recovery Housing with The Louis Berger Group, Inc. for a total annual amount not to exceed $330,750 (FLOOD). 0986-06-12, rescinding Resolution No. 0837-06-12 and authorizing execution of a Development Agreement and Special Warranty Deed with Skogman Homes for city owned property located at 1118 7th Street SE participating in the Single Family New Construction (SFNC) Program (FLOOD). Abstain, Council member Olson. 0987-06-12, Development Agreement in the amount of $500,000 with Center Owners Association, Inc. for property and improvements located at 425 2nd Street SE (FLOOD). 0988-06-12, Professional Services Agreement with Braun Intertec Corporation for an amount not to exceed $25,449 for construction testing and inspection services in connection with the CR Transit Bus Garage project (FLOOD). Report on bids for the Demolition Services for Flood Damaged Commercial and Residential Structures for the demolition of 11 flood-damaged commercial parcels and 2 flooddamaged residential parcels (FLOOD). (John Riggs) Kelly Demolition, LLC DW Zinser Company BWC Excavating Mt. Vernon, IA Walford, IA Solon, IA $439,350 $503,755 $514,700 Report on bids for the J Avenue Lime Silo Exterior Renovations project. (Pat Ball) D.A. Bunch Company Champion Coatings, Inc. L&P Painting Company Cedar Rapids, IA Savage, MN Cedar Rapids, IA $161,705 $218,500 $228,287 0989-06-12, awarding and approving contract in the amount of $161,705, bond and insurance of D.A. Bunch Company for the J Avenue Lime Silo Exterior Renovations project (estimated cost is $175,000). Report on bids for the 1st Street SW Outdoor Amphitheater & Festival Grounds project (estimated cost is $4,470,000). (Doug Carper) Knutson Construction, Iowa City, IA Base Bid Alt No. 1 Portzen Construction, Inc., Dubuque, IA Base Bid Alt No. 1 Miron Construction, Inc., Cedar Rapids, IA Base Bid Alt No. 1 Tricon General Construction, Cedar Rapids, IA Base Bid $4,546,671 $165,000 $4,576,000 $136,000 $4,734,147 $135,075 $5,116,000 Alt No. 1 $113,000 Report on bids for the Cedar Rapids Central Fire Station project. (Doug Carper and Al Buck, Solum Lang Architects) Miron Construction Co., Inc., Cedar Rapids, IA Kleiman Construction, Inc., Cedar Rapids, IA Rinderknecht Associates, Inc., Cedar Rapids, IA Knutson Construction Midwest, Iowa City, IA Neumann Brothers, Inc., Des Moines, IA Portzen Construction, Inc., Dubuque, IA Base Bid Base Bid Base Bid Base Bid Base Bid Base Bid $13,591,254 $13,625,028 $13,670,000 $13,812,638 $14,040,000 $14,476,800 0990-06-12, awarding and approving contract in the amount of $13,591,254, bond and insurance of Miron Construction Company, Inc. for the Cedar Rapids Central Fire Station project (estimated cost is $13,000,000) (FLOOD). Abstain, Council member Swore. Discussion regarding Item Number 44: Vern Zakostelecky 0991-06-12, approving the Preliminary Site Development Plan for property at 624 12th Avenue SE in a C-1, Mixed Neighborhood Convenience Zone District as requested by Green Development 12th Avenue LLC. Ordinance No. 041-12, being an Ordinance granting a change of zone for property at th 1201 8 Street NW from O-S, Office/Service Zone District to C-2, Community Commercial Zone District as requested by Glenda M. Fillenworth, was presented and read the third time. Council member Olson moved the adoption of the Ordinance as read; seconded by Council member Karr. Adopted. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Ordinance No. 042-12, being an Ordinance amending Chapter 13 of the Municipal Code, Wastewater Facilities, by repealing sub-sections and establishing new sections to provide an optional rate structure for Group III customers that allow greater production flexibility, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Shey 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 Karr. Adopted, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Ordinance No. 043-12, being an Ordinance granting a change of zone for property north of Rogers Road NW and west of Edgewood Drive NW from A, Agriculture Zone District to R- 2/PUD-O, Single Family Residence Zone District/Planned Unit Development Overlay as requested by Wilmar Development Company, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Shey 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 Karr. Adopted, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Ordinance No. 044-12, being an Ordinance granting a change of zone for property at 3400 Edgewood Road NE from A, Agriculture Zone District to RMF-1, Multiple Family Residence Zone District as requested by CoCoSaJe, LLC., was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Council member Shey 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 Karr. Adopted, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. Ordinance No. ________, being an Ordinance granting a change of zone for property at Kirkwood Boulevard SW and Four Oaks Drive SW from RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hunter Companies and Four Oaks Family & Children’s Services, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Karr, Poe, Shey, Shields, Swore and Mayor Corbett. Abstain, Council member Olson. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore and Mayor Corbett. City Council adjourned at 5:37 p.m. to meet Tuesday, July 10, 2012 at 12:00 noon. Amy Stevenson, City Clerk Absent, Council member Gulick Absent, Council member Vernon Abstain, Council member Olson Abstain, Council member Poe Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA July 10, 2012, 12:00 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Karr, Gulick, Olson, Poe, Shey, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. Absent, Council member Shields. The invocation was given by Police Chaplain Clyde Bailey. Pledge of Allegiance. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 60-foot wide parcel of City-owned right-of-way located west of and adjacent to 1200 Edgewood Road NW as requested by the City of Cedar Rapids in connection with the Fire Station #3 project. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 60-foot wide parcel of City-owned right-of-way located west of and adjacent to 1200 Edgewood Road NW as requested by the City of Cedar Rapids in connection with the Fire Station #3 project, was presented and read the first time. Council member 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 Gulick. Approved, Ayes, Council members Karr, Gulick, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider an Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property on City-owned land located at the northeasterly property line of 1020 3rd Street SE in connection with improvements to electric service for the NewBo City Market. No comments or objections were heard or filed. 0992-07-12, Underground Electric Line Easement Agreement with Interstate Power and Light Company (IPL), an Iowa corporation, for property on City-owned land located at the northeasterly property line of 1020 3rd Street SE in connection with improvements to electric service for the NewBo City Market. Abstain, Council member Poe. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 6th Street SW – Pavement Rehabilitation from Waconia Avenue to 66th Avenue SW project (estimated cost is $625,000). No comments or objections were heard or filed. 0993-07-12, adopting plans, specifications, form of contract and estimated cost for the 6th Street SW – Pavement Rehabilitation from Waconia Avenue to 66th Avenue SW project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 80th Street SW and 1st Avenue West Intersection Improvements project (estimated cost is $120,000). No comments or objections were heard or filed. 0994-07-12, adopting plans, specifications, form of contract and estimated cost for the 80th Street SW and 1st Avenue West Intersection Improvements project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the SE Quadrant, 2008 Flood Area Sanitary Sewer Restoration, Phase One project (estimated cost is $290,000). No comments or objections were heard or filed. 0995-07-12, adopting plans, specifications, form of contract and estimated cost for the SE Quadrant, 2008 Flood Area Sanitary Sewer Restoration, Phase One project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Veterans Memorial Phase III project (estimated cost is $4,500,000). One comment was heard. No objections were heard or filed. 0996-07-12, adopting plans, specifications, form of contract and estimated cost for the Veterans Memorial Phase III project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the City Services Center - New Permanent Fuel Station project (estimate of cost is $325,000). No comments or objections were heard or filed. 0997-07-12, adopting plans, specifications, form of contract and estimated cost for the City Services Center - New Permanent Fuel Station project (FLOOD). Public comments were heard. Council member Karr moved to approve the Agenda; seconded by Council member Gulick. City Manager Pomeranz requested that Item Number 24p (Grant agreement with Neighborhood Associations, Inc., dba Cedar Rapids Neighborhoods, to provide up to $80,000 for neighborhood support) be removed from the Agenda. Council member Shey requested that Item Number 24k (Iowa Clean Air Attainment Program (ICAAP) Agreement in the amount of $514,160 with the Iowa Department of Transportation (IDOT) in connection with the Cottage Grove SE and Forest Drive SE Traffic Control and Capacity Improvements project) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. July 24, 2012 – to consider the vacation of public ways and grounds in and to the property described as a 4,427 square-foot parcel of right-of-way located in the existing alley northeasterly of 1st Street SE and between 6th Avenue and 7th Avenue SE as requested by the City of Cedar Rapids in connection with the South Downtown Parkade – 7th Avenue SE project. b. July 24, 2012 to consider a change of zone for property at 3570 Rogers Road NW from A, Agriculture Zone District to R-2, Single Family Residence Zone District as requested by Johannes Brothers Construction, Inc. c. July 24, 2012 – to consider a change of zone for property at 1402 4th Avenue SE from R-3, Single Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by Affordable Housing Network, Inc. and Michael Donohue. Abstain, Council members Gulick and Olson. d. July 24, 2012 – to consider a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and owned by The Dog House, Inc. e. July 24, 2012 – to consider a change of zone for property at 1855 1st Avenue SE from RMF-2, Residential Multi-Family Zone District to O-S, Office/Service Zone District as requested by Ahmann Properties, LLC. f. July 24, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create an Ellis Area Overlay District with design standards and guidelines applicable to new multifamily and commercial development applications and building permits within the Overlay District. g. July 24, 2012 – to consider the disposition of excess City-owned property acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area for the third round of Single Family New Construction Program (FLOOD). h. July 24, 2012 – to consider rezoning 15 City owned lots from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Residential Multi-Family Zone District; RMF-2 and Residential Multi-Family Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 24, 2012 and advertising for bids by publishing notice to bidders for the 3rd Street SE from 5th Avenue SE to 8th Avenue SE Rehabilitation project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on August 1, 2012 (estimated cost is $240,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 24, 2012 and advertising for bids by publishing notice to bidders for the 10th Street SE from 1st Avenue to 4th Avenue Streetscaping project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on July 25, 2012 (estimated cost is $820,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for July 24, 2012 and advertising for bids by publishing notice to bidders for the Main Interceptor from A Street SW to Prairie Creek Sanitary Sewer Repair project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on August 8, 2012 (estimated cost is $450,000) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for July 24, 2012 and advertising for bids by publishing notice to bidders for the Environmental Remediation Services for Flood Damaged Commercial Structures – Swiss Valley and Souvenir Pen project and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on August 1, 2012 (estimated cost is $685,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. Bata’s Restaurant, 1006 3rd Street SE (Suchy Building); b. Cedar Rapids RAGBRAI, 119 1st Avenue NE (5-day Beer Permit for events Downtown); c. City Beat, 302 3rd Avenue SW; d. Ellis Golf Course, 1401 Zika Avenue NW (Outdoor Service for RAGBRAI events on July 26, 2012); e. Fire House, 3321 1st Avenue SE; f. Flamingo, 1211 Ellis Boulevard NW (Outdoor Service for RAGBRAI events on July 26-27, 2012); g. Fraternal Order of Eagles #2272, 1735 11th Street NW (Outdoor Service for RAGBRAI events on July 26, 2012); h. Keg, 719 5th Street SE (Outdoor Service for RAGBRAI events on July 26-27, 2012); i. National Czech & Slovak Museum & Library, 1400 Inspiration Place SW (Outdoor Service for RAGBRAI events on July 27, 2012); j. Park Town BP, 4141 Center Point Road NE (switching to Class E Liquor); k. Siamville, 3635 1st Avenue SE; l. Super Burrito Lupita’s Bakery, 3300 Johnson Avenue NW; m. Wal-Mart #1528, 2645 Blairs Ferry Road NE; n. Zin’s, 227 2nd Avenue SE (5-day permit for July 21, 2012 for alcohol service at the Zin’s booth at the Downtown Farmer’s Market). 0998-07-12, approving payment of bills. 0999-07-12, approving payment of payroll. 1000-07-12, approving transfer of funds. 1001-07-12, approving the special event application for the “Ironkids Cedar Rapids” event including a swimming, running and bicycling event for youth (including road closure) in and around Noelridge Park on July 28, 2012. 1002-07-12, amending Resolution No. 0735-05-12 to authorize additional road closure time on 1st Street SE between 2nd and 3rd Avenues for RAGBRAI 40th Celebration and Counting Crows Concert event on July 26, 2012. 1003-07-12, intent to assess - Utilities – Water Division for delinquent municipal utility bills - 19 properties. 1004-07-12, accepting Water system improvements installed in Rapids Ridge 3rd Addition and approving the Maintenance Bond submitted by Ricklefs Excavating, LTD in the amount of $82,034. 1005-07-12, approving the Final Plat for Skalsky Second Addition, located at 2141 Ivanhoe Road. 1006-07-12, approving the Final Plat for Riviera First Addition, located west of Samuel Court SW between 31st Avenue and 33rd Avenue SW. 1007-07-12, approving the Final Plat for Red Rock First Addition, located east of Stoney Point Road SW and north of Wilson Avenue SW. 1008-07-12, approving the Final Plat for Benish Second Addition, located on the south side of Tharp Road SW and west of 6th Street SW. 1009-07-12, approving the Minor Preliminary Plat of O’Connell Addition for property at 1101 Morgan Bridge Road SW as requested by Daniel L. O’Connell, et al. 1010-07-12, approving the installation of stop signs on the 25th Street SW and Whispering Pines Court SW intersection approaches to Matthew Drive SW, requiring all traffic on these streets to stop for traffic on Matthew Drive SW. 1011-07-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for three properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1012-07-12, Amendment No. 1 to renew Agreement for Cryogenic Oxygen System Maintenance and Repair Services with Mixing & Mass Transfer Technologies LLC for the Water Pollution Control Facility for an estimated annual amount of $55,000 (original contract amount was $55,000; renewal contract amount is $55,000). 1013-07-12, Amendment No. 2 to renew Agreement for Centrifuge System Maintenance and Repair Services with Ashbrook Simon-Hartley Operations LP for the Water Pollution Control Facility for an estimated annual amount of $80,000 (original contract amount was $80,000; renewal contract amount is $80,000). 1014-07-12, Amendment No. 1 to the 28E Agreement Memorandum of Agreement with the Cedar Rapids Community School District (CRCSD) increasing the maximum reimbursement amount for participation in the adult guard program for FY 2012 (original contract amount was $56,098.21; total contract amount with this amendment is $56,541.83). 1015-07-12, Change Order No. 3 in the amount of $25,712 with Miron Construction Company, Inc. for the Cedar Rapids Convention Complex Hotel Exterior Envelope Package project (original contract amount was $4,465,626; total contract amount with this amendment is $4,640,310). Abstain, Council member Swore. 1016-07-12, Change Order No. 9 in the amount of $355,437.77 with Peterson Contractors, Inc. for the 1st Avenue (IA 922/US BUS 151) Marion Boulevard & Collins Road, PCC Pavement Widening with HMA Resurfacing project (original contract amount was $7,661,700.36; total contract amount with this amendment is $8,766,525.06). 1017-07-12, rescinding Resolution No. 1283-09-06 which approved an Agreement to Construct a Temporary Asphalt Cul-De-Sac in Cherry Hill Village Addition and accept a new Agreement to Construct a Temporary Asphalt Turn-Around in Cherry Hill Village Addition as requested by J Murphy Homes, LLC. 1018-07-12, Fleet Services Division purchase of one 2012 Ford F-250 XL pickup truck from Stivers Ford for use by the Water Pollution Control Division in the amount of $29,756. 1019-07-12, Fleet Services Division purchase of two 2012 Dodge CV cargo vans from Stew Hansen Dodge for use by the Police Department Investigative Division in the amount of $54,000. 1020-07-12, Fleet Services purchase of two 84” Brand FX Fiberglass Services Bodies from Truck Equipment, Inc. in the amount of $30,469. 1021-07-12, awarding and approving contract in the amount of $4,546,671 plus incentive up to $30,000, bond and insurance of Knutson Construction Services Midwest, Inc. for the 1st Street SW Outdoor Amphitheater & Festival Grounds project (estimated cost is $4,470,000). 1022-07-12, Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $430,242 for design services in connection with the 1st Avenue E from 27th Street to 40th Street Pavement Rehabilitation and Infrastructure Improvements project. 1023-07-12, Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $39,900 for design services in connection with the Sac & Fox Trail Relocation North of Mount Vernon Road project. 1024-07-12, renewal of NetApp Maintenance with CDW Government (original contract amount was $98,000; renewal contract amount is $54,579). 1025-07-12, renewal of the Service Contract for Oracle Database Software Maintenance (original contract amount was $35,228.50; renewal contract amount is $36,285.37). 1026-07-12, Agreement for Commission of Public Artwork with Volkan Alkanoglu for an art piece to be located on the Box Office Wall of the Convention Center for an amount not to exceed $100,000. 1027-07-12, Amendment No. 4 to reflect increased demolition debris in the amount of $186,490.97 and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $21,430.49 to Kelly Demolition, LLC for RACM Demolition Services for Flood Damaged Commercial Structures (original contract amount was $232,004; final contract amount with this amendment is $428,609.72) (FLOOD). 1028-07-12, Amendment No. 9 to the Professional Services Agreement with Solum Lang Architects, LLC specifying an increased amount not to exceed $14,750 for architectural and engineering professional services in connection with the Five Seasons Bus Garage and Storage Annex Flood recovery project (original contract amount was $196,305; total contract amount with this amendment is $295,390.50) (FLOOD). 1029-07-12, Change Order No. 3 in the amount of $431,162 with Knutson Construction Services Midwest, Inc. for the Cedar Rapids Public Library General Contractor Bid Bundle (original contract amount was $14,235,000; total contract amount with this amendment is $14,767,179) (FLOOD). 1030-07-12, Change Order No. 6 in the amount of $98,976 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $6,657,559) (FLOOD). Abstain, Council member Swore. 1031-07-12, awarding and approving contract for an amount not to exceed $439,350, bond and insurance of Kelly Demolition LLC for the Demolition Services for Flood Damaged Commercial and Residential Structures (estimated cost is $1,045,000) (FLOOD). 1032-07-12, approving terms and conditions of the Letter of Interest with PNC Tax Credit Investor Group (PNC) for Federal Historic Tax Credits funding in connection with the Paramount Theatre Flood Recovery project (FLOOD). 1033-07-12, Amendment to Agreements for Covenants and Restrictions for City owned property at 1106 2nd Street SE (FLOOD). 1034-07-12, Special Warranty Deed with Legion Arts, Inc. for City owned property at 1106 2nd Street SE (FLOOD). Abstain, Council member Gulick. 1035-07-12, Development Agreement and Special Warranty Deed for City owned property at 1011 9th Street NW for Premiere Developers participating in the third round of the Single Family New Construction Program (FLOOD). 1036-07-12, Development Agreement and Special Warranty Deed for City owned property at 1210 N Street SW for V&B Enterprises L.C. participating in the third round of the Single Family New Construction Program (FLOOD). 1037-07-12, Special Warranty Deed conveying City-owned property at 1117 10th Street NW to Cedar Valley Habitat for Humanity through the Residential Property Disposition program (FLOOD). 1038-07-12, Special Warranty Deed conveying City-owned property at 1238 9th Street NW to Hernandez Family Homes, LLC through the Residential Property Disposition program (FLOOD). 1039-07-12, Iowa Clean Air Attainment Program (ICAAP) Agreement in the amount of $514,160 with the Iowa Department of Transportation (IDOT) in connection with the Cottage Grove SE and Forest Drive SE Traffic Control and Capacity Improvements project. Report on bids for the E Avenue NW – Phase 1, Ellis Boulevard to 3rd Street, Storm Sewer, Water Main, Sidewalk and Street Improvements project (estimated cost is $3,730,000). (Dave Wallace) Rathje Construction Co., Marion, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Langman Construction, Inc., Rock Island, IL Ricklefs Excavating, Ltd., Anamosa, IA Vieth Construction Corporation, Cedar Falls, IA Peterson Contractors, Inc., Reinbeck, IA $3,630,058.00 $3,908,725.05 $4,087,876.01 $4,396,212.85 $4,702,911.80 $4,714,639.40 Report on bids for the 2nd Avenue SE from 7th Street SE to 10th Street SE Two-Way Conversion and Traffic Signal Improvement project (estimated cost is $480,000). (Dave Wallace) Price Industrial Electric, Inc., Hiawatha, IA Voltmer, Inc., Decorah, IA $421,479.00 $466,543.12 1040-07-12, awarding and approving contract in the amount of $421,479, bond and insurance of Price Industrial Electric, Inc. for the 2nd Avenue SE from 7th Street SE to 10th Street Two-Way Conversion and Traffic Signal Improvement project. Report on bids for the Arrowhead Lane NE Drainage Improvements project (estimated cost is $240,000). (Dave Wallace) Eastern Iowa Excavating & Concrete, LLC Cascade, IA Horsfield Construction, Inc., Epworth, IA Rathje Construction Co., Marion, IA Gee Grading & Excavating, Inc., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA Pirc-Tobin Construction, Inc., Alburnett, IA Tschiggfrie Excavating Co., Dubuque, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Borst Brothers Construction, Inc., Marion, IA $221,861.80 $223,797.15 $230,526.85 $258,072.80 $260,040.25 $261,409.00 $264,612.15 $272,159.40 $278,703.50 1041-07-12, awarding and approving contract in the amount of $221,861.80 plus incentive up to $6,500, bond and insurance of Eastern Iowa Excavating & Concrete, LLC for the Arrowhead Lane NE Drainage Improvements project. Ordinance No. 045-12, being an Ordinance granting a change of zone for property at Kirkwood Boulevard SW and Four Oaks Drive SW from RMF-1, Multiple Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hunter Companies and Four Oaks Family & Children’s Services, was presented and read the third time. Council member Vernon moved the adoption of the Ordinance as read; seconded by Council member Poe. Adopted, Ayes, Council members Karr, Poe, Shey, Swore, Vernon and Mayor Corbett. Abstain, Council members Gulick and Olson. Ordinance No. 046-12, being an Ordinance amending Chapter 21 of the Municipal Code, Health Regulations, Section 21.13 Weeds, by updating the notification process and amending minor verbiage, was presented and read the second time. Council member Poe moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Poe. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Ordinance No. 047-12, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to update the City’s Urban Design Standards, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Public comments were heard. At 1:00 p.m. Council member Gulick moved to recess and reconvene in the Chambers Conference Room to meet in closed session to discuss strategy with legal counsel in a matter where litigation is pending because its disclosure would likely prejudice or disadvantage the position of the City Council in that litigation; seconded by Council member Poe. Council was polled. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Council member Gulick moved to come out of closed session; seconded by Council member Poe. Council was polled. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. Council member Shey moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Swore, Vernon and Mayor Corbett. City Council adjourned at 1:35 p.m. to meet Tuesday, July 24, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Council member Shields Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Poe Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA July 24, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Karr, Gulick, Poe, Shields, Shey, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. Absent, Council member Olson. The invocation was given by Police Chaplain Rick Gail. Pledge of Allegiance. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 4,427 square-foot parcel of right-of-way located in the existing alley northeasterly of 1st Street SE and between 6th Avenue and 7th Avenue SE as requested by the City of Cedar Rapids in connection with the South Downtown Parkade – 7th Avenue SE project. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 4,427 square-foot parcel of right-of-way located in the existing alley northeasterly of 1st Street SE and between 6th Avenue and 7th Avenue SE as requested by the City of Cedar Rapids in connection with the South Downtown Parkade – 7th Avenue SE project, was presented and read the first time. Council member Vernon 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 Swore. Approved, Ayes, Council members Karr, Gulick, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 3570 Rogers Road NW from A, Agriculture Zone District to R-2, Single Family Zone District as requested by Johannes Brothers Construction, Inc. No comments or objections were heard or filed. Ordinance No. 048-12, being an Ordinance granting a change of zone for property at 3570 Rogers Road NW from A, Agriculture Zone District to R-2, Single Family Zone District as requested by Johannes Brothers Construction, Inc., was presented and read the first time. Council member Vernon moved the approval of the Ordinance on its first reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its second and third readings; seconded by Council member Vernon. Adopted, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 1402 4th Avenue SE from R-3, Single Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by Affordable Housing Network, Inc. and Michael Donohue. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 1402 4th Avenue SE from R-3, Single Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by Affordable Housing Network, Inc. and Michael Donohue, was presented and read the first time. Council member Vernon 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 Karr. Approved, Ayes, Council members Karr, Gulick, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and owned by The Dog House, Inc. One comment was heard. No objections were heard. One objection was filed and later withdrawn. Council member Vernon moved to refer the request for a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and The Dog House, Inc. back to the City Planning Commission; seconded by Council member Karr. Approved, Ayes, Council members Karr, Gulick, Poe, Shields, Shey, Vernon and Mayor Corbett. Nay, Council member Swore. Motion carried. A public hearing was held to consider a change of zone for property at 1855 1st Avenue SE from RMF-2, Residential Multi-Family Zone District to O-S, Office/Service Zone District as requested by Ahmann Properties, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 1855 1st Avenue SE from RMF-2, Residential Multi-Family Zone District to O-S, Office/Service Zone District as requested by Ahmann Properties, LLC, was presented and read the first time. Council member Swore 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 Vernon. Approved, Ayes, Council members Karr, Gulick, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create an Ellis Area Overlay District with design standards and guidelines applicable to new multi-family and commercial development applications and building permits within the Overlay District. One comment was heard. No objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create an Ellis Area Overlay District with design standards and guidelines applicable to new multi-family and commercial development applications and building permits within the Overlay District, was presented and read the first time. Council member Swore 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 Gulick. Approved, Ayes, Council members Karr, Gulick, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the disposition of excess City-owned property acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area for the third round of Single Family New Construction Program. No comments or objections were heard or filed. 1042-07-12, disposing of excess City-owned property acquired through the Voluntary Property Acquisition program in the Neighborhood Revitalization Area for the third round of Single Family New Construction Program (FLOOD). A public hearing was held to consider a change of zone for 15 City owned lots from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Residential Multi-Family Zone District and RMF-2, Residential Multi-Family Zone District to RTN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for 15 City owned lots from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Residential Multi-Family Zone District and RMF-2, Residential Multi-Family Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids (FLOOD), was presented and read the first time. Council member Vernon 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 Swore. Approved, Ayes, Council members Karr, Gulick, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 3rd Street SE from 5th Avenue SE to 8th Avenue SE Rehabilitation project (estimated cost is $240,000). No comments or objections were heard or filed. 1043-07-12, adopting plans, specifications, form of contract and estimated cost for the 3rd Street SE from 5th Avenue SE to 8th Avenue SE Rehabilitation project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 10th Street SE from 1st Avenue to 4th Avenue Streetscaping project (estimated cost is $820,000). No comments or objections were heard or filed. 1044-07-12, adopting plans, specifications, form of contract and estimated cost for the 10th Street SE from 1st Avenue to 4th Avenue Streetscaping project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2nd Avenue SW from 3rd Street to 6th Street Pavement Reconstruction and Water Main Improvements project (estimated cost is $1,820,000). No comments or objections were heard or filed. 1045-07-12, adopting plans, specifications, form of contract and estimated cost for the nd 2 Avenue SW from 3rd Street to 6th Street Pavement Reconstruction and Water Main Improvements project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Main Interceptor from A Street SW to Prairie Creek Sanitary Sewer Repair project (estimated cost is $450,000). No comments or objections were heard or filed. 1046-07-12, adopting plans, specifications, form of contract and estimated cost for the Main Interceptor from A Street SW to Prairie Creek Sanitary Sewer Repair project (FLOOD). Council member Vernon was absent for this vote. A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Environmental Remediation Services of Flood Damaged Commercial Structures - Swiss Valley and Souvenir Pen project (estimated cost is $685,000). No comments or objections were heard or filed. 1047-07-12, adopting specifications, form of contract and estimated cost for the Environmental Remediation Services of Flood Damaged Commercial Structures - Swiss Valley and Souvenir Pen project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the City Services Center – Bid Package 1 – Phase 1 Abatement and Demolition project (estimated cost is $365,000). No comments or objections were heard or filed. 1048-07-12, adopting plans, specifications, form of contract and estimated cost for the City Services Center – Bid Package 1 – Phase 1 Abatement and Demolition project (FLOOD). Public comments were heard. Council member Karr moved to approve the Agenda; seconded by Council member Poe. City Manager Pomeranz requested that Item Number 33ff (Lease extension with 1825 Edgewood Road LLC for property at 1825 Edgewood Road SW) be removed from the Agenda; Item Number 16a (Motion setting public hearing for August 14, 2012 to consider the continuation of the disposition of excess City-owned property by sealed bid and described as two vacant lots located at 633 A Avenue SW and 923 5th Avenue SW) be amended to reflect the correct address of 633 A Avenue NW; and Item Number 33c (Amendment No. 1 to renew Agreement for Printing of Magazine-Style Newsletter with Walsworth Publishing Company, Inc. for a total annual amount not to exceed $240,000 (original contract amount was $165,000; renewal contract amount is $240,000) be amended to reflect the correct total annual and renewal contract amount of $60,000. Council member Vernon requested that Item Number 33r (Grant agreement with Neighborhood Associations, Inc., dba Cedar Rapids Neighborhoods to provide up to $80,000 for neighborhood support) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Karr moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. August 14, 2012 – to consider the continuation of the disposition of excess Cityowned property by sealed bid and described as two vacant lots located at 633 A Avenue NW and 923 5th Avenue SW. b. August 14, 2012 – to consider the continuation of the disposition of excess Cityowned property to Ryan P. Miller and described as a 20-foot x 100-foot strip of vacant land located southerly of and adjacent to 5325 E Avenue NW. c. August 14, 2012 – to consider the vacation and disposition of public ways and grounds in and to the property described as a 10-foot by 450-foot strip of right-ofway located along the southerly property line of 5750 16th Avenue SW as requested by Larry D. Chmelicek. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 14, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids City Services Center – Bid Package 2 – Phase 2 Demolition, Sitework and New Building Construction project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on August 22, 2012 (General Contractor estimated cost is $18,300,000; Demolition and Abatement estimated cost is $640,000; Mechanical and Plumbing estimated cost is $4,150,000; Electrical estimated cost is $3,780,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 14, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Convention Complex Hotel Vinyl Wall Covering Material and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on August 15, 2012 (estimated cost is $380,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 14, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Convention Complex Hotel Carpet Material and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on August 15, 2012 (estimated cost is $325,000). Motion amending the motion approved on June 26, 2012 to extend the bid opening date to August 15, 2012 for the Veterans Memorial Phase III Project (estimated cost is $4,500,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. 2nd Avenue Corner Pocket, 301 2nd Avenue SW (permanent transfer to 609 2nd Avenue SW); b. Applebee’s Neighborhood Grill & Bar, 303 Collins Road NE; c. Bella, 221 2nd Avenue SE (new-formerly Blend); d. BP on 1st, 2824 1st Avenue NE; e. Cancun #2, 555 Gateway Place SW; Capone’s, 1201 3rd Street SE (outdoor service for RAGBRAI events on July 2627, 2012); g. Casey’s General Store #2767, 3434 1st Avenue NE; h. Clark of Cedar Rapids, 502 E Avenue NW; i. Cedar Rapids Jaycees, 225 5th Avenue SW (transfer permit for Uptown Friday Nights Events at Greene Square Park, 400 4th Avenue SE, on August 3, 2012); j. Cedar Rapids Jaycees, 225 5th Avenue SW (transfer permit for an event at Brucemore, 2160 Linden Drive SE, on August 4, 2012); k. Double Inn, 629 Ellis Blvd NW (outdoor service for an event on August 4-5, 2012); l. Downtown Wrigley, 315 2nd Avenue SE (new-new ownership); m. Dublin City Pub, 415 1st Street SE (outdoor service in Lot 40 for RAGBRAI events on July 26-27, 2012); n. Fieldhouse Downtown, 401 1st Street SE (outdoor service in Lot 40 for RAGBRAI events on July 26-27, 2012); o. Fieldhouse Southwest, 2730 Edgewood Road SW; p. Gilligan’s, 912 1st Avenue NW (new-new ownership); q. Hotel at Kirkwood Center, 7725 Kirkwood Blvd SW (outdoor service for an event on August 11, 2012); r. JM O’Malley’s, 1502 H Avenue NE (outdoor service for an event on August 2-5, 2012); s. Just Coz, 402-406 6th Street SW; t. K-Mart #4289, 180 Collins Road NE; u. La Cantina Bar & Grill, 102 2nd Street SE; v. Paddy O’Rourke’s Bar & Grill, 608 16th Street NE; w. Play Station, 200 Collins Road NE; x. R & R Corner Bar, 700 E Avenue NW; y. Shawn Ryan Irish Pub, 400 4th Avenue SE (5-day permit for an event at Greene Square Park, 400 4th Avenue SE, on August 10, 2012); z. St. Jude’s Church Corp, 50 Edgewood Road NW (5-day permit for an event on August 9-12, 2012); aa. Taj Mahal Cuisine of India, 3939 Center Point Road NE; bb. Uptown Liquor & Tobacco, 2000 Wiley Blvd SW, Suite 106; cc. White Star Ale House, 305 2nd Avenue SE (outdoor service for RAGBRAI events on July 26, 2012); dd. Zin’s, 227 2nd Avenue SE (5-day permit for August 4, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market). f. 1049-07-12, approving payment of bills. 1050-07-12, approving payment of payroll. 1051-07-12, approving the special event application for St. Jude Sweet Corn Festival Kernel’s 10K & 5K event (including road closure) on August 11, 2012. 1052-07-12, intent to assess – Solid Waste & Recycling – clean-up costs – 1 property. 1053-07-12, levy assessment – Solid Waste & Recycling – clean-up costs – 3 properties. 1054-07-12, intent to assess – Utilities – Water Division – delinquent municipal utility bills – 21 properties. 1055-07-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 13 properties. 1056-07-12, accepting sanitary sewer in Crescent View 1st Addition – Phase II and approving 2-year Maintenance Bond submitted by Abode Construction, Inc. in the amount of $162,638.10. 1057-07-12, accepting storm sewer in Crescent View 1st Addition – Phase II and approving 2-year Maintenance Bond submitted by Abode Construction, Inc. in the amount of $125,235.73. 1058-07-12, accepting Portland Cement Concrete pavement in Crescent View 1st Addition – Phase II and approving 4-year Maintenance Bond submitted by City Wide Construction Corporation in the amount of $122,230.50. 1059-07-12, accepting sanitary sewer in Rapids Ridge 3rd Addition and approving 2year Maintenance Bond submitted by Ricklefs Excavating, Ltd. in the amount of $65,062.50. 1060-07-12, accepting storm sewer in Rapids Ridge 3rd Addition and approving 2-year Maintenance Bond submitted by Ricklefs Excavating, Ltd in the amount of $121,341.18. 1061-07-12, accepting Portland Cement Concrete pavement in Rapids Ridge 3rd Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $15,000. 1062-07-12, accepting Portland Cement Concrete pavement in Rapids Ridge 3rd Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $99,000. 1063-07-12, accepting May’s Island Maintenance Package project and authorizing issuance of final payment in the amount of $16,600 to Tricon Construction Group (original contract amount was $403,000; final contract amount is $446,948.53). 1064-07-12, accepting 1st Street SW From 3rd Avenue to 5th Avenue Flood Protection Levee project and authorizing issuance of final payment in the amount of $40,682.36 to Gee Grading & Excavating, Inc. (original contract amount was $782,574.70; final contract amount is $813,647.14). 1065-07-12, accepting McQuay Chiller Installation project and authorizing issuance of final payment in the amount of $7,465.01 to Day Mechanical Systems, Inc. (original contract amount was $147,000; final contract amount is $149,300.23). 1066-07-12, accepting FEMA Detention Basins Repairs project and authorizing issuance of final payment in the amount of $7,271.86 to Connolly Construction, Inc. (original contract amount was $137,850.10; final contract amount is $145,437.15) (FLOOD). 1067-07-12, Development Agreement and Special Warranty Deed for Cedar Ridge Homes for property at 809 M Avenue NW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1068-07-12, Development Agreement and Special Warranty Deed for Cedar Ridge Homes for property at 813 O Avenue NW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1069-07-12, Development Agreement and Special Warranty Deed for S&J Homes for property at 726 Ellis Boulevard NW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1070-07-12, approving the Final Plat of Four Oaks Third Addition located on the west side of Kirkwood Boulevard SW and south of Four Oaks Drive SW. 1071-07-12, amending the Final Assessment of Parcel No. 171 for the 16th Avenue SW PCC Widening from Stoney Point Road to West Post Road project. 1072-07-12, updating the Cedar Rapids Metropolitan Area Standard Details for Public Improvements to include Standard Planting Pit Detail, 2910-010 and Special Use Planting Pit Detail, 2910-015. 1073-07-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) the partial acquisition of a permanent drainage easement and a temporary grading easement for construction from land located at 6202 Rockwell Drive NE, owned by Timberland Partners XXX, LLP, in connection with the Arrowhead Lane NE Drainage Improvements project. 1074-07-12, Preliminary Resolution for the construction of sidewalk improvements for the Edgewood Road SW from Bayberry Drive SW to 33rd Avenue SW Sidewalk Extension. 1075-07-12, Amendment No. 1 to the Emissions Stack Testing Agreement with Comprehensive Emission Services, Inc. to extend the term of the agreement and to reflect the additional cost to further test to confirm results and investigate sources of VOC air emissions for an amount not to exceed $19,050 (original contract amount was $17,600, total contract amount with this amendment is $36,650). 1076-07-12, Amendment No. 1 to renew Agreement for Incinerator Maintenance Services with Industrial Furnace Company for the Water Pollution Control Facility for an estimated annual amount of $50,000 (original contract amount was $50,000; renewal contract amount is $50,000). 1077-07-12, Amendment No. 1 to renew Agreement for Printing of Magazine-Style Newsletter with Walsworth Publishing Company, Inc. for a total annual amount not to exceed $60,000 (original contract amount was $165,000; renewal contract amount is $60,000). 1078-07-12, Amendment No. 1 to the Parking Assets Lease and Sale Agreement at 427 st 1 Street SE with Downtown Parking Management, Inc. to clarify the location of public parking. 1079-07-12, Change Order No. 9 in the amount of $25,742.46 with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,495,868.07). 1080-07-12, Change Order No. 3 in the amount of $30,270.92 with Pirc-Tobin Construction, Inc. for the 10th Street SE From 1st Avenue E to 4th Avenue SE Improvements project (original contract amount was $2,177,865.85; total contract amount with this amendment is $2,228,490.65). 1081-07-12, Change Order No. 6 in the amount of $26,841 with Gee Grading & Excavating, Inc. for the 2nd Street SE Reconstruction – 5th Avenue SE to 8th Avenue SE and Federal Courthouse Infrastructure Improvements project (original contract amount was $1,854,288.94; total contract amount with this amendment is $1,850,377.43). 1082-07-12, Change Order No. 3 in the amount of $87,108.18 plus an additional six working days with L.L. Pelling Company, Inc. for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project (original contract amount was $687,268.80; total contract amount with this amendment is $822,718.11). 1083-07-12, Change Order No. 8 in the amount of $153,813 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,080,151). Abstain Council member Swore. 1084-07-12, Change Order No. 7 in the amount of $28,975 with Modern Piping Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,155,702). Abstain Council member Swore. 1085-07-12, 28E Agreement with the Cedar Rapids Community School District (CRCSD) to continue the School Resource Officer (SRO) Program from July 1, 2012 through June 30, 2014. 1086-07-12, Fire Department purchase of mobile data computer equipment from Baycom for an amount not to exceed $60,000 through June 30, 2013. 1087-07-12, awarding and approving contract in the amount of $3,630,058 plus incentive up to $127,500, bond and insurance of Rathje Construction Company, Inc. for the E Avenue NW – Phase 1, Ellis Boulevard to 3rd Street, Storm Sewer, Water Main, Sidewalk and Street Improvements project (estimated cost is $3,730,000). 1088-07-12, Purchase Agreement in the amount of $1,045 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for construction from James Brandon Reeder from land located at 2335 29th Street SW in connection with the 29th Street SW from Wilson Avenue to Van Buren Drive Sidewalk project. 1089-07-12, 28E Agreement for participation in the Indian Creek Watershed Management Authority. 1090-07-12, FY13 contract with NTS in the amount of $247,152 for nighttime and weekend transportation services in Cedar Rapids, Marion and Hiawatha. 1091-07-12, Application to the Iowa Department of Natural Resources to seek Resource Enhancement and Protection (REAP) financial assistance for Sac & Fox Trail Relocation North of Mount Vernon Road project. 1092-07-12, Professional Services Agreement with H.R. Green Company for an amount not to exceed $99,000 for the Water Division Interior Lighting Upgrade project. 1093-07-12, Memorandum of Agreement (MOA) with the Greater Cedar Rapids Community Foundation in the amount of $40,000 to support its Community Grant Writer initiative. 1094-07-12, Fleet Services Division purchase of one 2013 Ford Utility Police Interceptor AWD from Stivers Ford Lincoln for a total amount of $29,559. 1095-07-12, Agreement for installation of Exterior Lighting Fixtures with Justice Electric Company for the Utilities Department for an amount not to exceed $68,453. 1096-07-12, State Energy Program Grant Sub-Recipient Contract in the amount of $174,000 from the Iowa Economic Development Authority (IEDA) through the City of Cedar Rapids to General Mills for a Lighting Efficiency Project at 4800 Edgewood Road SW. 1097-07-12, Main Street Iowa Program Agreement with the Iowa Economic Development Authority (IEDA) and the Czech Village/New Bohemia Main Street District. 1098-07-12, Memorandum of Agreement (MOA) with Czech Village/New Bohemia Main Street District for July 1, 2012 through June 30, 2013. 1099-07-12, Acknowledgement of Covenants included in a Land Use Restrictive Covenants Agreement between SA Roosevelt Limited Partnership and the Iowa Finance Authority for a Low-Income Housing Tax Credit Program Award for renovation of The Roosevelt at 200 First Avenue NE. 1100-07-12, Agreement, Release, and Receipt with Michael Costas and Helen Mantice (Owners) and Bridgestone Retail Operations (a/k/a Firestone) (Tenant), in connection with land located at 205 10th Street SE and the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. 1101-07-12, Amendment No. 2 to the Professional Services Agreement with Brown & Caldwell for an amount not to exceed $180,560 for additional engineering services for the Cedar Rapids Water Pollution Control Facility Short Term Biosolids Reduction and Incineration System Repairs project (original contract amount was $2,076,000; total contract amount with this amendment is $2,701,460) (FLOOD). 1102-07-12, Amendment No. 1 to Demolition Services for Flood Damaged Commercial Structures with D.W. Zinser Company to reflect the removal of discovery item, RACM debris for an amount not to exceed $72,500 (original contract amount was $499,180; total contract amount with this amendment is $571,680) (FLOOD). 1103-07-12, Amendment No. 15 to the Grant Agreement with the Iowa Economic Development Authority (IEDA) for the Expanded Business Recovery Programs providing for an additional $5,010,321 (original grant award was $7,500,000; total grant award with this amendment is $71,010,321) (FLOOD). 1104-07-12, Change Order No. 6 in the amount of $39,506.05 with Nelson Electric Company for the Paramount Theatre Flood Recovery and Renovation Bid Package 2 (Electrical Bid Bundle) project (original contract amount was $2,714,000; total contract amount with this amendment is $2,832,605.01) (FLOOD). Abstain, Council member Swore. 1105-07-12, Special Warranty Deed conveying City-owned property at 114 18th Avenue SW to AHNI Holdings, Inc. through the Residential Property Disposition program (FLOOD). 1106-07-12, Grant agreement with Neighborhood Associations, Inc., dba Cedar Rapids Neighborhoods to provide up to $80,000 for neighborhood support. Nays, Council members Poe and Swore. Report on bids for the SE Quadrant, 2008 Flood Area Sanitary Sewer Restoration, Phase One project (estimated cost is $290,000). (Doug Wilson) Vieth Construction Corporation, Cedar Falls, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA $289,040.00 $289,049.25 $353,996.50 Connolly Construction, Inc., Peosta, IA Borst Brothers Construction, Inc., Marion, IA Pirc-Tobin Construction, Inc., Alburnett, IA Tschiggfrie Excavating Co., Dubuque, IA $357,527.00 $362,359.25 $408,409.00 $437,077.50 1107-07-12, awarding and approving contract in the amount of $289,040 plus incentive up to $6,000, bond and insurance of Vieth Construction Corporation for the SE Quadrant, 2008 Flood Area Sanitary Sewer Restoration, Phase One project (FLOOD). Report on bids for the 80th Street SW and 1st Avenue West Intersection Improvements project (estimated cost is $120,000). (Doug Wilson) Pirc-Tobin Construction, Inc., Alburnett, IA Borst Brothers Construction, Inc., Marion, IA Rathje Construction Co., Marion, IA Gee Grading & Excavating, Inc., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Vieth Construction Corporation, Cedar Falls, IA Cedar Rapids Thunder, Inc. d/b/a C R Thunder, Cedar Rapids, IA $ 98,129.00 $103,753.75 $109,355.25 $113,562.78 $117,506.50 $118,363.75 $124,041.25 $129,318.00 1108-07-12, awarding and approving contract in the amount of $98,129 plus incentive up to $3,000, bond and insurance of Pirc-Tobin Construction, Inc. for the 80th Street SW and 1st Avenue West Intersection Improvements project. Report on bids for the Polk Elementary Sidewalks project (estimated cost is $110,000). (Doug Wilson) Vieth Construction Corporation, Cedar Falls, IA Horsfield Construction Inc. & Subsidiary, Epworth, IA Tschiggfrie Excavating Co., Dubuque, IA Eastern Iowa Excavating & Concrete, LLC, Cascade, IA $111,947.50 $115,850.00 $123,100.00 $127,428.50 1109-07-12, awarding and approving contract in the amount of $111,947.50, bond and insurance of Vieth Construction Corporation for the Polk Elementary Sidewalks project. Report on bids for the Cedar Rapids Convention Complex Hotel – Interiors and Exteriors Cladding project (estimated cost is $10,200,000). (Doug Wilson) Kleiman Construction, Inc., Cedar Rapids, IA Base Bid Accepted Alternates: 1, 2, 4, 5 Alternate 1 Hotel Roof Cornice Structure Lighting Alternate 2 Food Service Equipment Alternate 3 Telephone System Alternate 4 Fire Alarm System Alternate 5 Cable Television System Total Award $9,202,521 10,000 504,700 N/A N/A N/A $9,717,221 Neumann Brothers, Inc., Des Moines, IA Base Bid $9,428,000 521,000 $9,949,000 Base Bid $9,580,333 526,990 $10,107,323 Accepted Alternates: 1, 2, 4, 5 Total Miron Construction Co., Inc., Cedar Rapids, IA Accepted Alternates 1, 2, 4, 5 Total Knutson Construction Services, Inc., Minneapolis, MN Base Bid $10,958,865 539,000 $11,497,865 Accepted Alternates 1, 2, 4, 5 Total 1110-07-12, awarding and approving contract in the amount of $9,717,221, bond and insurance of Kleiman Construction Inc. for the Cedar Rapids Convention Complex Hotel – Interiors and Exteriors Cladding (General contract) project. Report on bids for the Cedar Rapids Convention Complex Hotel – Interiors and Exteriors Cladding project (estimated cost is $4,200,000). (Doug Wilson) Day Mechanical Systems, Inc., Cedar Rapids, IA Base Bid Accepted Alternates 1, 2, 4, 5 Alternate 1 Hotel Roof Cornice Structure Lighting Alternate 2 Food Service Equipment Alternate 3 Telephone System Alternate 4 Fire Alarm System Alternate 5 Cable Television System Total Award $4,481,800 N/A N/A N/A N/A N/A $4,481,800 Modern Piping, Inc., Cedar Rapids, IA Base Bid $4,624,800 0 $4,624,800 Base Bid Accepted Alternates 1, 2, 4, 5 Total $5,940,000 0 $5,940,000 Bowker Mechanical Contractors, LLC, Cedar Rapids, IA Base Bid Accepted Alternates 1, 2, 4, 5 Total $6,425,000 0 $6,425,000 Accepted Alternates 1, 2, 4, 5 Total B.G. Brecke, Inc., Cedar Rapids, IA 1111-07-12, awarding and approving contract in the amount of $4,481,800, bond and insurance of Day Mechanical Systems, Inc. for the Cedar Rapids Convention Complex Hotel – Interiors and Exteriors Cladding (Mechanical contract) project. Report on bids for the Cedar Rapids Convention Complex Hotel – Interiors and Exteriors Cladding project (estimated cost is $2,900,000). (Doug Wilson and Steve Bauer, Frew Nations) Nelson Electric Company, Cedar Rapids, IA Base Bid Accepted Alternates 1, 2, 4, 5 Alternate 1 Hotel Roof Cornice Structure Lighting Alternate 2 Food Service Equipment Alternate 3 Telephone System Alternate 4 Fire Alarm System Alternate 5 Cable Television System Total Award $2,568,950 $134,200 N/A $$383,100 $20,300 $3,106,550 Justice Electric Company, Cedar Rapids, IA Base Bid $2,699,999 $604,049 $3,304,048 Base Bid $3,198,000 $469,045 $3,667,045 Base Bid $3,449,550 $955,900 $4,405,450 Accepted Alternates 1, 2, 4, 5 Total Hawkeye Electric Contractors, Hiawatha, IA Accepted Alternates 1, 2, 4, 5 Total Paulson Electric Co., Inc., Cedar Rapids, IA Accepted Alternates 1, 2, 4, 5 Total 1112-07-12, awarding and approving contract in the amount of $3,106,550, bond and insurance of Nelson Electric Company for the Cedar Rapids Convention Complex Hotel – Interiors and Exteriors Cladding (Electrical contract) project. Abstain, Council member Swore. Report on bids for the 6th Street SW – Pavement Rehabilitation from Waconia Avenue to 66th Avenue SW project (estimated cost is $725,000). (Doug Wilson) Iowa Erosion Control, Inc., Victor, IA L.L. Pelling Company, Inc., North Liberty, IA $746,552.38 $774,807.70 1113-07-12, awarding and approving contract in the amount of $746,552.38 plus incentive up to $24,500, bond and insurance of Iowa Erosion Control, Inc. for the 6th Street SW – Pavement Rehabilitation from Waconia Avenue to 66th Avenue SW project. Report on bids for the Pre-Acidification Tank Roof Replacement project (estimated cost is $370,000). (Pat Ball) Rice Lake Construction Group, Deerwood, MN WRH, Inc., Cedar Rapids, IA $ 358,600 $ 440,000 1114-07-12, awarding and approving contract in the amount of $358,600, bond and insurance of Rice Lake Construction Group for the Pre-acidification Tank Roof Replacement project. Report on bids for the Horizontal Collector Well No. 6 Pump House project (estimated cost is $2,600,000). (Pat Ball) Rice Lake, Deerwood, MN WRH Inc., Amana, IA Unzeitig, Cedar Rapids, IA Tricon, Dubuque, IA Woodruff, Fort Dodge, IA $2,124,400 $2,176,000 $2,522,000 $2,555,000 $3,000,000 1115-07-12, awarding and approving contract in the amount of $2,124,400, bond and insurance of Rice Lake Construction Group for the Horizontal Collector Well No. 6 Pump House project. Report on bids for the City Services Center – New Permanent Fuel Station project (estimated cost is $325,000). (Sandy Pumphrey) F&W Services Co., Inc. Acterra Group Marion, IA Marion, IA $433,785.00 $452,000.00 1116-07-12, awarding and approving contract for an amount not to exceed $433,785, bond and insurance of F&W Services Co., Inc. for the City Services Center – New Permanent Fuel Station project (FLOOD). Ordinance No. 049-12, being an Ordinance vacating public ways and grounds in and to the property described as a 60-foot wide parcel of City-owned right-of-way located west of and adjacent to 1200 Edgewood Road NW as requested by the City of Cedar Rapids in connection with the Fire Station #3 project, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 1117-07-12, establishing a condition to combine the vacated parcel (also known as Plat of Survey No. 1765 Parcel A) with adjacent property so as to constitute a single zoning lot and tax parcel as requested by the City of Cedar Rapids in connection with the Fire Station #3 project. At 6:08 p.m. Council member Gulick moved to recess and reconvene in the Chambers Conference Room to meet in closed session to discuss strategy with legal counsel in a matter where litigation is pending because its disclosure would likely prejudice or disadvantage the position of the City Council in that litigation; seconded by Council member Poe. Council was polled. Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick moved to come out of closed session; seconded by Council member Poe. Council was polled. Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 6:23 p.m. to meet Tuesday, August 14, 2012 at 12:00 noon. Amy Stevenson, City Clerk Absent, Council member Olson Abstain, Council member Swore Nay, Council member Poe Nay, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA August 14, 2012, 12:00 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Karr, Gulick, Olson, Poe, Shields, Shey and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. Absent, Council member Swore. The invocation was given by Fire Chaplain Phil Saunders. Pledge of Allegiance. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the continuation of the disposition of excess Cityowned property by sealed bid and described as two vacant lots located at 633 A Avenue NW and 923 5th Avenue SW. One letter of interest was filed. No objections were heard or filed. 1118-08-12, to continue the disposition of excess City-owned property by sealed bid and described as a vacant lot located at 633 A Avenue NW. 1119-08-12, to continue the disposition of excess City-owned property by sealed bid and described as a vacant lot located at 923 5th Avenue SW. A public hearing was held to consider the continuation of the disposition of excess Cityowned property to Ryan P. Miller and described as a 20-foot by 100-foot strip of vacant land located southerly of and adjacent to 5325 E Avenue NW. No comments or objections were heard or filed. 1120-08-12, to continue the disposition of excess City-owned property to Ryan P. Miller and described as a 20-foot by 100-foot strip of vacant land located southerly of and adjacent to 5325 E Avenue NW. A public hearing was held to consider the vacation and disposition of public ways and grounds in and to the property described as a 10-foot by 450-foot strip of right-of-way located along the southerly property line of 5750 16th Avenue SW as requested by Larry D. Chmelicek. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 10-foot by 450-foot strip of right-of-way located along the southerly property line of 5750 16th Avenue SW as requested by Larry D. Chmelicek, was presented and read the first time. Council member 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 Vernon. Approved, Ayes, Council members Karr, Gulick, Olson, Poe, Shields, Shey, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Hotel Vinyl Wall Covering Material project (estimated cost is $380,000). No comments or objections were heard or filed. 1121-08-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Hotel Vinyl Wall Covering Material project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Hotel Carpet Material project (estimated cost is $325,000). No comments or objections were heard or filed. 1122-08-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex Hotel Carpet Material project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids City Services Center – Bid Package 2 – Phase 2 Demolition, Sitework and New Building Construction project (estimated costs are $18,300,000 for General Contractor; $640,000 for Demolition and Abatement; $4,150,000 for Mechanical and Plumbing; and $3,780,000 for Electrical). No comments or objections were heard or filed. 1123-08-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids City Services Center – Bid Package 2 – Phase 2 Demolition, Sitework and New Building Construction project (FLOOD). Public comments were heard. Council member Vernon moved to approve the Agenda; seconded by Council member Gulick. Council member Karr requested that Item Number 8i (Motion setting public hearing for August 28, 2012 to consider a second amendment to the Baseball Stadium Lease Agreement to establish contributions to stadium capital reserve fund over a 10 year period in the amount of $1,500,000) be removed from the Consent Agenda and moved to the Regular Agenda. Council member Gulick requested that Item Number 28 (Resolution authorizing approval of the Northwest Recreation Center site plan and directing staff to proceed with the project) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. August 28, 2012 – to consider repealing Chapter 34 of the Municipal Code, Electrical Code, and enacting and adopting in lieu thereof a new Electrical Code and the 2011 edition of the National Electrical Code with modifications. b. August 28, 2012 – to consider the vacation of an 8,611 square-foot utility easement located at 2604 16th Avenue SW as requested by KG Store 520, LLC. c. August 28, 2012 – to consider the vacation of an access and turnaround easement and accepting a new ingress/egress easement located at 9001 6th Street SW as requested by Casey’s Marketing Company. d. August 28, 2012 – to consider the vacation of a sanitary sewer easement of unspecified width and located at 1050 Wenig Road NE as requested by SunOpta Ingredients. e. August 28, 2012 – to consider a change of zone for property north of 16th Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW from A, Agriculture Zone District to R-3, Single Family Residence Zone District as requested by Midwest Development Co. f. August 28, 2012 – to consider a change of zone for property east of 13th Street NW and north of C Avenue NW from R-3, Single Family Residence Zone District to PUB, Public Zone District as requested by Linn County. g. August 28, 2012 – to consider a change of zone for property at 1207 Wright Brothers Boulevard SW and an adjacent unnumbered parcel from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Schulte Development, LC. h. August 28, 2012 – to consider amending Chapter 31 of the Municipal Code, the Subdivision Ordinance to require a “Mandatory Pre-Construction Meeting” prior to commencing any construction activities for subdivision improvements found in Subsection 31.06. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 28, 2012 and advertising for bids by publishing notice to bidders for the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on August 29, 2012 (estimated cost is $183,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 28, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Convention Complex – Audio & Video Technology Systems project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on September 5, 2012 (Audio estimated cost is $653,478; Video estimated cost is $2,069,346). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 28, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Fire Station No. 3 project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on September 12, 2012 (estimated cost is $2,200,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 28, 2012 and advertising for bids by publishing notice to bidders for the Bever-Linden-Blake SE Area 2011 Water Main Improvements–Phase 1 project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on September 5, 2012 (estimated cost is $500,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for August 28, 2012 and advertising for bids by publishing notice to bidders for the 2012 Raising West Well Field Vertical Wells project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on September 12, 2012 (estimated cost is $230,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. Brewed Awakenings at CSPS, 1103 3rd Street SE. Capone’s, 1201 3rd Street SE (outdoor service for an event on August 25, 2012). Carlos O’Kelly’s Mexican Café, 2635 Edgewood Road SW. Cedar Rapids Marriott, 1200 Collins Road NE. Cedar Rapids Softball Hall of Fame, PO Box 9254 (5-day Beer permit for an event at Ellis Park, 2000 Ellis Blvd NW on August 18-19, 2012). Dollar General #10774, 3451 Mt. Vernon Road SE (new-class C beer/wine). Dollar General #3781, 151 Jacolyn Drive NE (new-class C beer/wine). Dollar General #4180, 2741 16th Avenue SW (new-class C beer/wine). Dollar General #6190, 403 Edgewood Road NW (new-class C beer/wine). Dollar General #9141,266 Blairs Ferry Road NE (new-class C beer/wine). Frond Design Studios, 329 10th Avenue SE, Suite 318 (new-class B wine). Hawkeye Convenience Store-Wiley, 2330 Wiley Boulevard SW. Lava Coastal Cuisine, 5400 Edgewood Road NE (outdoor service area permanent). Rumors, 400 F Avenue NW. Time Out Lounge, 3230 16th Avenue SW (outdoor service on August 24-26, 2012). Zin’s, 227 2nd Avenue SE (5-day permit for August 20, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market). 1124-08-12, approving payment of bills. 1125-08-12, approving payment of payroll. 1126-08-12, approving transfer of funds. 1127-08-12, approving the special event application for the Eden Neighborhood Festival event (including road closure) on September 1, 2012. 1128-08-12, intent to assess – Utilities – Water Division – delinquent municipal utility bills – 25 properties. 1129-08-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 11 properties. 1130-08-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 12 properties. 1131-08-12, accepting Water Pollution Control Facility A-1 Clarifier Rehabilitation project, approving Performance Bond and authorizing issuance of final payment in the amount of $66,299.26 to WRH, Inc. (original contract amount was $1,261,400; final contract amount is $1,325,985.20). 1132-08-12, accepting 1st Avenue East, from 17th Street SE to Cottage Grove Avenue SE, Pavement Rehabilitation and Sanitary Sewer Replacement project, approving Performance Bond and authorizing issuance of final payment in the amount of $82,097.90 to L.L. Pelling Company, Inc. (original contract amount was $1,678,655.20; final contract amount is $1,641,956.01). 1133-08-12, accepting Water Main Crossing of US Highway 30 – East of Highway 30 and C Street Interchange project, approving Performance Bond and authorizing issuance of final retainage payment in the amount of $13,403.12 to Dave Schmitt Construction Co. Inc. (original contract amount was $268,485; final contract amount is $268,062.45). 1134-08-12, accepting Sanitary Sewers Quadrant Flood Repairs Lining Package #1 – 2011 project, approving Performance Bond and authorizing issuance of final payment in the amount of $24,155.62 to Municipal Pipe Tool Co., Inc. (original contract amount was $550,112; final contract amount is $483,112.50) (FLOOD). 1135-08-12, Development Agreement and Special Warranty Deed for Cedar Rapids Student Built Housing Corporation for property at 1332 9th Street NW participating in the third round of the Single Family New Construction (SFNC) Program (FLOOD). Abstain, Council member Olson. 1136-08-12, Development Agreement and Special Warranty Deed for Skogman Homes for property at 1501 J Street SW participating in the third round of the Single Family New Construction (SFNC) Program (FLOOD). Abstain, Council member Olson. 1137-08-12, Development Agreement and Special Warranty Deed for Skogman Homes for property at 1340 9th Street NW participating in the third round of the Single Family New Construction (SFNC) Program (FLOOD). Abstain, Council member Olson. 1138-08-12, Development Agreement and Special Warranty Deed for S&J Homes for property at 518 9th Street SW participating in the third round of the Single Family New Construction (SFNC) Program (FLOOD). Abstain, Council member Olson. 1139-08-12, expressing the City Council’s support of the Blue Zones Project and directing staff to participate in the preparation of the Cedar Rapids Blue Zones Application Addendum. 1140-08-12, approving the Minor Preliminary Plat of New Farm First Addition for property west of Old Bridge Road and south of Prairie Creek as requested by Dwight Hughes, Dwight Hughes LLC, et al. 1141-08-12, Preliminary Resolution for the construction of sidewalk improvements for the Boyson Park South Additions Area Sidewalk Infill project. 1142-08-12, fixing value of lots and adopting preliminary plat and schedule, estimate of cost and proposed preliminary plans and specifications for the construction of the Edgewood Road SW from Bayberry Drive SW to 33rd Avenue SW Sidewalk Extension. 1143-08-12, creating a new ADA Advisory Committee to serve as the City Council primary resource on matters related to the Americans with Disabilities Act and adopting the proposed by-laws of the newly created Committee. 1144-08-12, establishing policy with respect to which class of property may be considered for acquisition pursuant to the Cedar Rapids Community Development Block Grant (CDBG) Voluntary Property Acquisition Program (FLOOD). Abstain, Council member Olson. 1145-08-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for five properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1146-08-12, Offer to Buy Real Estate and Acceptance in the amount of $1 and accepting a Warranty Deed, Lease Agreement, Non-Exclusive License Agreement and Agreement for Covenants and Restrictions from Kirkwood Community College for vacant land located at the Kirkwood Community College campus east of Kirkwood Agricultural Road SW and north of 76th Avenue SW in connection with the Animal Care and Control Facility project (FLOOD). 1147-08-12, Amendment No. 11 to extend Agreement for Motor Oil Products with Fauser Energy Resources for an estimated annual amount of $150,000 (original contract amount was $130,000; renewal contract amount is $150,000). 1148-08-12, Amendment No. 2 to renew Agreement for Jetting and Cleanout Services with Captain Clean Ltd. for the Water Pollution Control Facility for an estimated annual amount of $65,000 (original contract amount was $65,000; renewal contract amount is $65,000). 1149-08-12, Amendment No. 3 to renew Agreement for Ammunition with Ultramax Ammunition for the Police Department for an estimated annual amount of $85,000 (original contract amount was $48,801; renewal contract amount is $85,000). 1150-08-12, Amendment No. 6 to the Professional Services Agreement with Ament, Inc. specifying an increased amount not to exceed $38,177 for design services in connection with the City Hall project (original contract amount was $410,000; total contract amount with this amendment is $687,921). 1151-08-12, Amendment No. 2 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $47,000 for professional services in connection with the Fire Station No. 3 project (original amount was $3,000; total contract amount with this amendment is $56,750). 1152-08-12, Amendment No. 1 to the Professional Services Agreement with Ament, Inc. specifying an increased amount not to exceed $42,825 and authorizing release of contingency in the amount of $26,400 for design and contract document preparation services in connection with the 76th Avenue SW Improvements from Edgewood Road SW to CRANDIC Railroad Crossing project (original contract amount was $302,900; total contract amount with this amendment is $345,725). 1153-08-12, Amendment No. 1 to the Professional Services Agreement with Brown and Caldwell specifying an increased amount not to exceed $44,566 for additional design services in connection with the Cedar River Sanitary Sewer River Crossing Improvements project (original contract amount was $923,000; total contract amount with this amendment is $967,566). 1154-08-12, Change Order No. 2 in the amount of $57,504.40 with L.L. Pelling Company, Inc. for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project (original contract amount was $1,361,619.50; total contract amount with this amendment is $1,387,673.90). 1155-08-12, Change Order No. 1 in the amount of $56,093.20 with BWC Excavating, LC for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project (original contract amount was $189,177.50; total contract amount with this amendment is $245,270.70). Abstain, Council member Gulick. 1156-08-12, Change Order No. 8 in the amount of $72,443 with Paulson Electric Company, Inc. for the Cedar Rapids Convention Complex Electrical Contract project (original contract amount was $8,437,635; total contract amount with this amendment is $8,620,202). 1157-08-12, Change Order No. 4 in the amount of $81,884 plus an additional 4 days to Milestone No. 2 and final completion date, with Miron Construction Company, Inc. for the Cedar Rapids Convention Complex Hotel Exterior Envelope Package (original contract amount was $4,465,626; total contract amount with this amendment is $4,722,194). 1158-08-12, rescinding Resolution No. 0873-06-12 and authorizing Fleet Services Division purchase of one 2012 Chevrolet Silverado 1500 truck, four 2012 Chevrolet Malibu sedans and one 2012 Chevrolet Express cargo van from Karl Chevrolet, for a total amount of $121,524.52, for use by Water Engineering, Water Administration, Water Pollution Control and Fire. 1159-08-12, Fleet Services Division purchase of one 2012 Caterpillar 305.5E CR Excavator from Altorfer Cat for use by Water Distribution for an amount of $79,036.38 and authorizing Fleet Services to use an existing 2000 John Deere backhoe as trade-in value of $19,000 towards the purchase price. 1160-08-12, Finance Department purchase of builders risk insurance through Aon Risk Services Central, Inc. for the City Services Center project for an amount not to exceed $78,527. 1161-08-12, Cedar Rapids Civil Rights Commission payment of $27,000 to The John Marshall Law School for staff training and consultation services. 1162-08-12, Fiscal Year 2013 contract with Linn County in the amount of $544,044 for Linn County LIFTS to provide ADA complementary paratransit service to eligible persons with disabilities who cannot use the fixed route bus system in Cedar Rapids, Marion and Hiawatha. 1163-08-12, Purchase Agreement for mutual benefit and accepting an Easement for Sanitary Sewer and Temporary Grading Easement for Construction from George C. Ruedy and Shirley A. Ruedy from land located at 341 34th Street SE in connection with the Terry Drive SE West of 34th Street, Sanitary Sewer Replacement project. 1164-08-12, Purchase Agreement in the amount of $5,000 and accepting an Easement for Sanitary Sewer from Stephen J. Holtman and Janet L. Holtman from land located at 329 34th Street SE in connection with the Terry Drive SE West of 34th Street, Sanitary Sewer Replacement project. 1165-08-12, Purchase Agreement in the amount of $1,210 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from Robert E. Reeve and Barbara Reeve from land located at 2421 29th Street SW in connection with the 29th Street SW from Wilson Avenue to Van Buren Drive Sidewalk project. 1166-08-12, Purchase Agreement in the amount of $340 and accepting an Easement for Utilities from CPI Development Co., LLC from land located at 1014 5th Avenue SE in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. 1167-08-12, Permanent Easement for Road and Access from Metro Youth Football Association from a portion of land located at 1100 A’Hearn Drive NE as requested by the Public Works Sewer Maintenance Division. 1168-08-12, Permanent Easement for Road and Access from American National Red Cross from a portion of land located at 6300 Rockwell Drive NE as requested by the Public Works Sewer Maintenance Division. 1169-08-12, Easement for Watermain from Gerdin Family Investments, L.P. from land located east of C Street SW, west of the Cedar River Trail and south of Highway 30 in connection with the Water Main Crossing of US Highway 30 East of Highway 30 and C Street Interchange project. 1170-08-12, Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $104,854 for design services in connection with the FY 2013-2014 Biennial Bridge Inspections project. 1171-08-12, Agreement with 2001 Development Corporation in the amount of $39,200 to relocate access and to reconfigure parking lot at real property located at the northeasterly corner of 1st Street SE and 7th Avenue SE in conjunction with the proposed South Downtown Parking Garage Improvement project. 1172-08-12, Warranty Deed from the Cedar Rapids Electrical Apprenticeship Training and Educational Trust for right-of-way along Johnson Avenue NW. 1173-08-12, Warranty Deed from Raining Rose Properties, LLC for the consideration of $10 and other valuable consideration for right-of-way and accepting a Utility Easement, Concrete Petition and Assessment Agreement, Agreement for Private Storm Water Detention and Agreement to Provide Easements for Recreational Trails for land located at 100 30th Street Drive SE in connection with the Raining Rose development. 1174-08-12, established fair market value for the partial acquisitions of temporary easements for construction from properties in connection with the E Avenue NW – Phase II 13th Street to Ellis Blvd Storm Sewer, Water Main, Sidewalk and Street Improvements project. 1175-08-12, Donation and Acceptance Agreement for the establishment of the Cedar Rapids City Hall Mural Fund with the Greater Cedar Rapids Community Foundation. 1176-08-12, Joint Funding Agreement with the U.S. Department of Interior, Geological Survey (USGS) for the continuing Assessment of Ground-Water Flow and Quality for the Cedar Rapids Alluvium for FY13 for a project cost of $219,735 (project cost to be shared on a 38/62 basis with the City’s share being $135,735). 1177-08-12, Amendment No. 7 to the Professional Services Agreement with OPN Architects, Inc. specifying an increased amount not to exceed $172,451 for professional services in connection with the Cedar Rapids Public Library project (original contract amount was $120,500; total contract amount with this amendment is $2,544,290) (FLOOD). 1178-08-12, Change Order No. 6 in the amount of $4,469.25 with Modern Piping, Inc. for the Paramount Theatre Flood Recovery and Renovation – Bid Package 2 (Mechanical & Plumbing Bid Bundle) project (original contract amount was $2,654,000; total contract amount with this amendment is $2,728,483.07) (FLOOD). 1179-08-12, Change Order No. 7 in the amount of $378.41 with Nelson Electric Company for the Paramount Theatre Flood Recovery and Renovation Bid Package 2 (Electrical Bid Bundle) project (original contract amount was $2,714,000; total contract amount with this amendment is $2,832,983.42) (FLOOD). 1180-08-12, Change Order No. 11 in the amount of $10,644 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery and Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,648,805) (FLOOD). 1181-08-12, Change Order No. 3 in the amount of $524,569 with Lindstrom Environmental, Inc. for the Veterans Memorial Hazardous Material Abatement project (original contract amount was $19,020; total contract amount with this amendment is $546,809) (FLOOD). 1182-08-12, established fair market value in the amount of $419,232 for land from property located under part of the Paramount Theatre with an official property address of 123 3rd Avenue SE owned by Guaranty Bank and Trust Company, as Trustee of the Trust Under Article IV of the Last Will and Testament of Viola N. Elsenbast; The Elizabeth T. Naibert Revocable Trust; James F. Simon Trust; Charles L. Simon; Lois Ann Winkler; Mary K. Simon; Courtney Strong; Mary O. Strong; and Smulekoff Investment Company in connection with the Paramount Theatre Flood Recovery project (FLOOD). 1183-08-12, Lease Extension with 1825 Edgewood Road LLC for property located at 1825 Edgewood Road SW for continued use as a temporary facility for the Cedar Rapids Fire Department, the Traffic Engineering Signal Shop and document storage for the City, for a total rental fee of $27,647.90 per month through August 3, 2014 (FLOOD). 1184-08-12, Professional Services Agreement with Braun Intertec Corporation for an amount not to exceed $35,176 for construction testing and inspection services in connection with the Cedar Rapids Central Fire Station project (FLOOD). 1185-08-12, Special Warranty Deed conveying City-owned property at 1000 8th Street NW to Cedar Valley Habitat for Humanity Inc. through the Residential Property Disposition program (FLOOD). 1186-08-12, payment of $60,048 to Family Environmental Compliance Services, Inc. for completion of debris monitoring services (FLOOD). Motion setting a public hearing date for August 28, 2012 to consider a second amendment to the Baseball Stadium Lease Agreement to establish contributions to stadium capital reserve fund over a 10 year period in the amount of $1,500,000. 1187-08-12, approval of the Northwest Recreation Center site plan and directing staff to proceed with the project (FLOOD). Report on bids for the 2nd Avenue SW from 3rd Street to 6th Street Pavement Reconstruction and Water Main Improvements project (estimated cost is $1,820,000). (Rob Davis) Pirc-Tobin Construction, Inc., Alburnett, IA Gee Grading & Excavating, Inc., Cedar Rapids, IA Ricklefs Excavating, Ltd., Anamosa, IA Rathje Construction Co., Inc., Marion, IA Dave Schmitt Construction Co., Inc., Cedar Rapids, IA Connolly Construction, Inc., Peosta, IA $1,432,536.53 $1,509,902.50 $1,557,151.90 $1,613,323.50 $1,634,742.10 $1,997,467.30 1188-08-12, awarding and approving contract in the amount of $1,432,536.53 plus incentive up to $45,400, bond and insurance of Pirc-Tobin Construction, Inc. for the 2nd Avenue SW from 3rd Street to 6th Street Pavement Reconstruction and Water Main Improvements project. Report on bids for the 10th Street SE from 1st Avenue to 4th Avenue Streetscaping project (estimated cost is $820,000). (Rob Davis) Midwest Janitorial Service, Inc., d/b/a Midwest Lawn and Landscape, Hiawatha, IA Pirc-Tobin Construction, Inc., Alburnett Vieth Construction Corp., Cedar Falls, IA *$178,551.75 $890,730.40 $900,143.00 *Midwest Janitorial Services, Inc. d/b/a Midwest Lawn and Landscape voluntarily withdrew their bid. 1189-08-12, awarding and approving contract in the amount of $890,730.40 plus incentive up to $35,000, bond and insurance of Pirc-Tobin Construction, Inc. for the 10th Street SE from 1st Avenue to 4th Avenue Streetscaping project. Report on bids for the 3rd Street SE from 5th Avenue SE to 8th Avenue SE Rehabilitation project (estimated cost is $260,000). (Rob Davis) L.L. Pelling Company, Inc., North Liberty, IA $253,210.15 1190-08-12, awarding and approving contract in the amount of $253,210.15 plus incentive up to $12,000, bond and insurance of L.L. Pelling Company, Inc. for the 3rd Street SE from 5th Avenue SE to 8th Avenue SE Rehabilitation project. Report on bids for the Main Interceptor from A Street SW to Prairie Creek, Sanitary Sewer Repair project (FLOOD). (Joe Mailander) Northwest Underwater Construction, LLC, Vancouver, WA Engineering and Construction Innovations, Inc., Oakdale, MN $1,509,902.50 $1,557,151.90 Report on bids for the Cedar Rapids City Services Center – Bid Package 1 – Phase 1 Abatement and Demolition project (estimated cost is $365,000). (Sandy Pumphrey) D.W. Zinser Company, Walford, IA Peterson Contractors, Inc., Reinbeck, IA Rathje Construction Company, Inc., Marion, IA $219,970 $246,600 $317,147 1191-08-12, awarding and approving contract in the amount $219,970 plus incentive up to $10,000, bond and insurance of D.W. Zinser Company for the Cedar Rapids City Services Center – Bid Package 1 – Phase 1 Abatement and Demolition project (FLOOD). Report on bids for the Environmental Remediation Services for Flood Damaged Commercial Structures-Swiss Valley and Souvenir Pen project (estimated cost is $685,000). (John Riggs) ECCO Midwest, Inc., Inver Grove Heights, MN Horsley Specialties, Inc., Rapid City, SD Iowa Illinois Taylor Insulation, Davenport, IA $114,860 $125,861 $258,235 1192-08-12, awarding and approving contract for the amount not to exceed $114,860, bond and insurance of ECCO Midwest, Inc. for the Environmental Remediation Services for Flood Damaged Commercial Structures - Swiss Valley and Souvenir Pen project (FLOOD). Ordinance No. 050-12, being an Ordinance granting a change of zone for property at 1402 4th Avenue SE from R-3, Single Family Residence Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by Affordable Housing Network, Inc. and Michael Donohue, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Gulick. Approved, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Vernon and Mayor Corbett. Abstain, Olson. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Vernon and Mayor Corbett. Abstain, Council member Olson. Ordinance No. 051-12, being an Ordinance granting a change of zone for property at st 1855 1 Avenue SE from RMF-2, Residential Multi-Family Zone District to O-S, Office/Service Zone District as requested by Ahmann Properties, LLC., was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Ordinance No. 052-12, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to create an Ellis Area Overlay District with design standards and guidelines applicable to new multi-family and commercial development applications and building permits within the Overlay District, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Ordinance No. 053-12, being an Ordinance vacating public ways and grounds in and to the property described as a 4,427 square-foot parcel of right-of-way located in the existing alley northeasterly of 1st Street SE and between 6th Avenue and 7th Avenue SE as requested by the City of Cedar Rapids in connection with the South Downtown Parkade – 7th Avenue SE project, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. 1193-08-12, establishing a Utility Easement over Plat of Survey No. 1780 as requested by the City of Cedar Rapids. Ordinance No. 054-12, being an Ordinance rezoning 15 City-owned lots from R-3, Single Family Residence Zone District; R-3D, Two Family Residence Zone District; RMF-1, Residential Multiple Family Residence Zone District; and RMF-2, Residential Multiple Family Zone District to R-TN, Traditional Neighborhood Residence Zone District as requested by the City of Cedar Rapids (FLOOD). Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Council member Shields moved to adjourn; seconded by Council member Shey. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. City Council adjourned at 12:59 p.m. to meet Tuesday, August 28, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Absent, Council member Swore Abstain, Council member Gulick Abstain, Council member Olson Cedar Rapids, Iowa, August 17, 2012; 4:00 p.m. City Council met for a Special Session in City Hall, 101 First Street SE, Chambers Conference Room. Present, Mayor Corbett, Council members Karr, Olson, Poe, Shields, Shey, Swore and Vernon. Also present were Acting City Manager Casey Drew and City Attorney James Flitz. Absent, Council member Gulick. Discussion: Sandy Pumphrey and Dave Zahradnik, Neumann Munson Architects. Council member Shey moved to amend the motion approved on July 24, 2012 to extend the bid opening date to September 19, 2012 at 11:00 a.m. for the Cedar Rapids City Services Center - Bid Package 2 - Phase 2 Demolition, Sitework and New Building Construction project (Contract No's - PWE006-21, PWE006-22, PWE006-23 and PWE006-24); seconded by Council member Swore. Ayes, Council members Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. Meeting adjourned at 4:10 p.m. Amy Stevenson, City Clerk MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA August 28, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick (arrived at 4:30 p.m.), Karr, Olson, Poe, Shields, Shey, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. The invocation was given by Police Chaplain Dan Hoeger. Pledge of Allegiance. A presentation regarding Cedar Rapids Library National Awards (John Cotton Dana Library Public Relations Award, Gale Cengage Learning Financial Development Award and award for Best in Show: Honorable Mention, Annual Report) was given by Library Director Bob Pasicznyuk and Public Information Officer and Adult Programming Coordinator Amber Mussman. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted (Council member Gulick arrived late and began voting on the first reading of the Ordinance amending Chapter 31). A public hearing was held to consider repealing Chapter 34 of the Municipal Code, Electrical Code, and enacting and adopting in lieu thereof a new Electrical Code and the 2011 edition of the National Electrical Code with modifications. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance repealing Chapter 34 of the Municipal Code, Electrical Code, and enacting and adopting in lieu thereof a new Electrical Code and the 2011 edition of the National Electrical Code with modifications, was presented and read the first time. Council member Swore 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 Karr. Approved, Ayes, Council members Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the vacation of an 8,611 square-foot utility easement located at 2604 16th Avenue SW as requested by KG Store 520, LLC. No comments or objections were heard or filed. 1194-08-12, vacating an 8,611 square-foot utility easement located at 2604 16th Avenue SW as requested by KG Store 520, LLC. Abstain, Council member Olson. A public hearing was held to consider the vacation of an access and turnaround easement and accepting a new ingress/egress easement located at 9001 6th Street SW as requested by Casey’s Marking Company. No comments or objections were heard or filed. 1195-08-12, vacating an access and turnaround easement and accepting a new ingress/egress easement located at 9001 6th Street SW as requested by Casey’s Marketing Company. A public hearing was held to consider the vacation of a sanitary sewer easement of unspecified width and located at 1050 Wenig Road NE as requested by SunOpta Ingredients. No comments or objections were heard or filed. 1196-08-12, vacating a sanitary sewer easement of unspecified width and located at 1050 Wenig Road NE as requested by SunOpta Ingredients. A public hearing was held to consider a change of zone for property north of 16th Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW from A, Agriculture Zone District to R-3, Single Family Residence Zone District as requested by Midwest Development Co. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property north of 16th Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW from A, Agriculture Zone District to R-3, Single Family Residence Zone District as requested by Midwest Development Co., was presented and read the first time. Council member Vernon 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 Karr. Approved, Ayes, Council members Karr, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. Abstain, Council member Olson. A public hearing was held to consider a change of zone for property east of 13th Street NW and north of C Avenue NW from R-3, Single Family Residence Zone District to PUB, Public Zone District as requested by Linn County. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property east of 13th Street NW and north of C Avenue NW from R-3, Single Family Residence Zone District to PUB, Public Zone District as requested by Linn County, was presented and read the first time. Council member 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 Karr. Approved, Ayes, Council members Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 31 of the Municipal Code, the Subdivision Ordinance, to require a “Mandatory Pre-Construction Meeting” prior to commencing any construction activities for subdivision improvements found in Subsection 31.06. One comment was heard. No objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 31 of the Municipal Code, the Subdivision Ordinance, to require a “Mandatory Pre-Construction Meeting” prior to commencing any construction activities for subdivision improvements found in Subsection 31.06, was presented and read the first time. Council member Swore 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 Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 1207 Wright Brothers Boulevard SW and an adjacent unnumbered parcel from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Schulte Development, LC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 1207 Wright Brothers Boulevard SW and an adjacent unnumbered parcel from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Schulte Development, LC, was presented and read the first time. Council member Vernon 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 Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a second amendment to the Baseball Stadium Lease Agreement to establish contributions to stadium capital reserve fund over a 10 year period in the amount of $1,500,000. One comment was heard. No objections were heard or filed. 1197-08-12, second amendment to the Baseball Stadium Lease Agreement to establish contributions to stadium capital reserve fund over a 10 year period in the amount of $1,500,000. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project (estimated cost is $183,000). No comments or objections were heard or filed. 1198-08-12, adopting plans, specifications, form of contract and estimated cost for the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex – Audio & Video Technology Systems project, Cedar Rapids Convention Complex – Audio Technology Systems bid package (estimated cost is $653,478). No comments or objections were heard or filed. 1199-08-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex – Audio & Video Technology Systems project, Cedar Rapids Convention Complex – Audio Technology Systems bid package. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex – Audio & Video Technology Systems project, Cedar Rapids Convention Complex – Video Technology Systems bid package (estimated cost is $2,069,346). No comments or objections were heard or filed. 1200-08-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Convention Complex – Audio & Video Technology Systems project, Cedar Rapids Convention Complex – Video Technology Systems bid package. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Fire Station No. 3 project (estimated cost is $2,200,000). No comments or objections were heard or filed. 1201-08-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Fire Station No. 3 project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Bever-Linden-Blake SE Area 2011 Water Main Improvements – Phase 1 project (estimated cost is $500,000). No comments or objections were heard or filed. 1202-08-12, adopting plans, specifications, form of contract and estimated cost for the Bever-Linden-Blake SE Area 2011 Water Main Improvements – Phase 1 project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2012 Raising West Well Field Vertical Wells project (estimated cost is $230,000). No comments or objections were heard or filed. 1203-08-12, adopting plans, specifications, form of contract and estimated cost for the 2012 Raising West Well Field Vertical Wells project (FLOOD). Public comments were heard. Council member Vernon moved to approve the Agenda; seconded by Council member Karr. City Manager Pomeranz requested that Item Number 20e (Motion approving the beer/liquor/wine application of Chrome Horse Slop House & Saloon, 1202 3rd Street SE (outdoor service for an event on September 2, 2012) be amended to reflect the correct event date of September 8, 2012. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for September 11, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids South Gateway Sign project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on September 19, 2012 (estimated cost is $150,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for September 11, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Animal Care & Control Building project, and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on September 26, 2012 (estimated cost is $3,400,000) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for September 11, 2012 and advertising for bids by publishing notice to bidders for the Demolition Services for Flood Damaged Commercial Structures – Swiss Valley and Souvenir Pen project, and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on September 12, 2012 (estimated cost is $650,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. Applebee’s Neighborhood Grill, 2645 Edgewood Road SW; Casey’s General Store #2765, 5050 Northland Avenue NE; Casey’s General Store #2771, 501 6th Street SW; Chappy’s Safari Lounge, 229 16th Avenue SW; Chrome Horse Slop House & Saloon, 1202 3rd Street SE (outdoor service for an event on September 8, 2012); Dancer’s Ranch, 3000 6th Street SW; Dostal’s Catering, 77 15th Avenue SW; Gatherings, 905 3rd Street SE; Godfather’s Pizza, 3647 ½ 1st Avenue SE; Godfather’s Pizza, 2201 16th Avenue SW; Ignition Petroleum, 5340 16th Avenue SW; Planet X, 4444 1st Avenue NE, Suite 3001; Rumors, 400 F Avenue NW (outdoor service for an event on September 14-15, 2012); Smuggler’s Wharf, 95 16th Avenue SW; Time Out Lounge, 3230 16th Avenue SW (outdoor service for an event on September 15-17, 2012); TJ’s Steakhouse, 1810 6th Street SW; Zin’s, 227 2nd Avenue SE (5-day permit for September 1, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market); Zin’s, 227 2nd Avenue SE (5-day permit for September 15, 2012 for alcohol service at the Zin’s Booth at the Downtown Farmer’s Market); Zio Johno’s Spaghetti House, 2925 Williams Parkway SW. 1204-08-12, approving payment of bills. 1205-08-12, approving payment of payroll. 1206-08-12, approving the special event application for the Mount Mercy University homecoming event including helicopter landing on October 6, 2012. 1207-08-12, setting a public hearing date for September 11, 2012 to consider the Resolution of Necessity (Proposed) for the construction of the Edgewood Road SW from Bayberry Drive SW to 33rd Avenue SW Sidewalk Extension project. 1208-08-12, intent to assess – Solid Waste & Recycling – clean-up costs – 6 properties. 1209-08-12, levy assessment – Solid Waste & Recycling – clean-up costs – 1 property. 1210-08-12, intent to assess – Utilities – Water Division – delinquent municipal utility bills – 30 properties. 1211-08-12, levy assessment – Utilities – Water Division – delinquent municipal utility bills – 13 properties. 1212-08-12, accepting the Repair of Water Service Lines for FY12 project, approving Maintenance Bond and authorizing final payment of retainage to Schrader Excavating & Grading Co. in the amount of $11,241.38 (Final contract amount is $248,695.93). 1213-08-12, accepting project, approving Performance Bond and authorizing final payment in the amount of $17,891.94 to Rathje Construction Company for the Hawkeye Downs Road SW Culvert Replacement - Flood project (Final contract amount is $357,838.76) (FLOOD). 1214-08-12, payment of an Annual Economic Development Grant to TransAmerica for $900,000 (Year 12 of 12). 1215-08-12, payment of an Annual Economic Development Grant to PBI-GRR for $66,738. 1216-08-12, payment of an Annual Economic Development Grant to Nordstrom.com for $770,031.04 (Year 7 of 10). 1217-08-12, payment of an Annual Economic Development Grant to The Pointe Apartments for $250,385.95 (Year 2 of 6). 1218-08-12, payment of an Annual Economic Development Grant to Yellow Book for $964,784.58 (Year 11 of 12). 1219-08-12, payment of an Annual Economic Development Grant to 500First for $265,471.31 (Year 5 of 10). 1220-08-12, authorizing payment of an Annual Economic Development Grant to Highway Equipment for $198,901.89 (Year 2 of 5). 1221-08-12, payment of an Annual Economic Development Grant to J Rettenmaier for $174,277.33 (Year 4 of 11). 1222-08-12, Development Agreement and Special Warranty Deed for Johannes Brothers Construction, Inc. for property at 429 7th Avenue SW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1223-08-12, Development Agreement and Special Warranty Deed for Cedar Ridge Homes, Inc. for property at 925 N Street SW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1224-08-12, Development Agreement and Special Warranty Deed for V&B Enterprises L.C. for property at 1228 9th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1225-08-12, Development Agreement and Special Warranty Deed for JW Homebuilders LLC for property at 1308 8th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1226-08-12, Development Agreement and Special Warranty Deed for Skogman Construction of Iowa for property at 1506 J Street SW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1227-08-12, Development Agreement and Special Warranty Deed for Skogman Construction of Iowa for property at 1614 8th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1228-08-12, Development Agreement and Special Warranty Deed for Skogman Construction of Iowa for property at 1902 C Street SW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1229-08-12, authorizing an IT GIS Analyst to attend the ArcHyrdo GIS for Water Resources Training in Thurston County, Washington in the amount of $3,215. 1230-08-12, authorizing an IT Systems Analyst to attend the OnBase Training and Technology Conference in Kissimmee, Florida in the amount of $4,531.86. 1231-08-12, authorizing the Parks & Recreation Department to eliminate one full-time Drop-In Program Coordinator position and 1.5 FTE part-time Recreation Instructor II positions, reducing total FTE’s by 2.5. 1232-08-12, authorizing the formation of an Ellis Area Design Review Technical Advisory Committee to provide comments and perform community outreach for multifamily and commercial building permits and land development applications within the Ellis Area Overlay District. 1233-08-12, authorizing submittal of an application to the Iowa Department of Transportation (IDOT) for financial assistance through the Revitalize Iowa’s Sound Economy (RISE) Immediate Opportunity Project Funding Program as requested by CRST International Inc. Abstain, Mayor Corbett. 1234-08-12, approving the establishment and installation of school crosswalks on the north and east approaches of the Wilson Avenue and 6th Street SW intersection. 1235-08-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) for the partial acquisitions of temporary easements for construction from properties in connection with the E Avenue NW – Phase II 13th Street to Ellis Blvd Storm Sewer, Water Main, Sidewalk and Street Improvements project. 1236-08-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) to acquire land from property located under part of the Paramount Theatre with an official address of 123 3rd Avenue SE, owned by Guaranty Bank and Trust Company, as Trustee of the Trust Under Article IV of the Last Will and Testament of Viola N. Elsenbast; James F. Simon Trust; Charles L. Simon; Lois Ann Winkler; Mary K. Simon; Courtney Strong; Mary O. Simon-Strong; and Smulekoff Investment Company, in connection with the Paramount Theatre Flood Recovery project (FLOOD). 1237-08-12, regarding the City of Cedar Rapids waiving any objection to the annexation of property at the southwest corner of the intersection of Quass Road and County Home Road on the north side of Robins to the City of Robins requested by the City of Robins. 1238-08-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for five properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1239-08-12, Amendment No. 3 to the Professional Services Agreement with Novak Design Group, specifying an increased amount not to exceed $31,140 for architectural services in connection with the Cedar Rapids Convention Complex Parking Ramp and Skywalk project (original contract amount was $875,993; total contract amount with this amendment is $907,133). 1240-08-12, Amendment No. 1 to the Professional Services Agreement with HR Green, Inc. for an amount not to exceed $29,831 for additional engineering services in connection with the 2011 WPCF Roof Replacement project engineering services (original contract amount was $56,154; total contract amount with this amendment is $85,985). 1241-08-12, Amendment No. 2 to the Professional Services Agreement with Stanley Consultants, Inc. for an amount not to exceed $32,000 for additional assistance with the 2011 Title V Reporting and Air Permitting project (original contract amount was $32,100; total contract amount with this amendment is $96,200). 1242-08-12, Amendment No. 4 to renew Agreement for Land Application and Hauling of Biosolids with Wulfekuhle Injection & Pumping for the Water Pollution Control Facility for an estimated annual amount of $170,000 (original contract amount was $800,000; renewal contract amount is $170,000). 1243-08-12, Amendment No. 3 to reflect the deletion of 2 properties and the increase of remediation services, accepting project and Performance Bond and authorizing issuance of final payment in the amount of $5,639.16 to D.W. Zinser Company for Environmental Remediation and Demolition Services for Nuisance Structures (original contract amount was $129,997.00; total contract amount with this amendment is $135,232.85). 1244-08-12, Amendment No. 2 to Parking Assets Lease and Sale Agreement to remove Off-Street Surface Lot 7 from agreement. 1245-08-12, Change Order No. 7 in the amount of $750 with Gee Grading & Excavating, Inc. for the 2nd Street SE Reconstruction – 5th Avenue SE to 8th Avenue SE and Federal Courthouse Infrastructure Improvements project (original contract amount was $1,854,288.94; total contract amount with this amendment is $1,851,127.43). 1246-08-12, Change Order No. 3 in the amount of $10,080.30 with Vieth Construction Corporation for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (original contract amount was $821,330.61; total contract amount with this amendment is $853,285.76). 1247-08-12, Change Order No. 4 in the amount of $8,366.83 plus one additional working day, with Pirc-Tobin Construction, Inc. for the 10th Street SE From 1st Avenue E to 4th Avenue SE Improvements project (original contract amount was $2,177,865.85; total contract amount with this amendment is $2,236,857.48). Abstain, Council member Swore. 1248-08-12, Change Order No. 1 in the amount of $245,500 with Nelson Electric Company, Inc. for the Cedar Rapids Convention Complex Hotel – Interiors and Exterior Cladding – Electrical project (original contract amount was $3,106,550; total contract amount with this amendment is $3,352,050). Abstain, Council member Swore. 1249-08-12, Change Order No. 4 in the amount of $11,873.13 plus one additional working day, with L.L. Pelling Company, Inc. for the 3rd Avenue SE from 5th Street SE to 10th Street SE Improvements project (original contract amount was $687,268.80; total contract amount with this amendment is $834,591.24). 1250-08-12, Change Order No. 8 in the amount of $69,432 with Modern Piping, Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,225,134). 1251-08-12, Change Order No. 10 in the amount of $14,261.04 with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,510,129.11). 1252-08-12, Change Order No. 9 in the amount of $1,089 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,081,240). Abstain, Council member Swore. 1253-08-12, Change Order No. 1 in the amount of $39,238.95 with Dave Schmitt Construction Company, Inc. for the 1st St – 24th Ave – Haven Court SW Water Main Replacement project (original contract amount was $427,475.60; total contract amount with this amendment is $466,714.55). 1254-08-12, Change Order No. 2 in the amount of $11,913.58 with Dave Schmitt Construction Company, Inc. for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project (original contract amount was $473,102.90; total contract amount with this amendment is $502,593.98). 1255-08-12, Change Order No. 3 in the amount of $52,284.64 with Ricklefs Excavating, Ltd. for the C Avenue NE Water Main Replacement, 32nd Street NE to 40th Street NE project (original contract amount was $418,771.50; total contract amount with this amendment is $476,549.90). 1256-08-12, amending Resolution No. 0767-05-12 to authorize Pierce Manufacturing to repair corrosion damage and replace frame rails on the Fire Department’s 2002 Pierce Dash Fire Pumper for a total contract amount of $58,982 (original contract amount was $39,727; total contract amount with this amendment is $58,982). 1257-08-12, Purchase Agreement in the amount of $400 and accepting an Easement for Drainage and Access and a Temporary Grading Easement for Construction from Dean Nezerka and Betty Nezerka from land located at 2321 18th Street SW in connection with the 18th Street SW Culvert Replacement project. 1258-08-12, Purchase Agreement in the amount of $49,500 for a SnoGo WK-800 truckmounted snow blower head and quick hitch from Trans Iowa Equipment. 1259-08-12, awarding and approving contract in the amount of $43,737, bond and insurance of BWC Excavating, LC for the Terry Drive SW West of 34th Street Sanitary Sewer Replacement project (estimated cost is $51,195). Abstain, Council member Gulick. 1260-08-12, Professional Services Agreement with Foth Infrastructure & Environmental, LLC in an amount not to exceed $35,911 for engineering design services in connection with the Naoma Drive SW, s/o 16th Avenue SW, Sanitary Sewer Extension project. 1261-08-12, Professional Services Agreement with Shoemaker & Haaland Professional Engineers for an amount not to exceed $71,330 for design services in connection with the Oakland Road NE from E to H Avenue Rehabilitation project. 1262-08-12, amending Resolution No. 0778-05-12 increasing the not to exceed amount from $25,000 to $40,000 for Professional Services Agreement with McGladrey & Pullen, LLP for the Federal Courthouse historic rehabilitation project. 1263-08-12, Grant Agreement with Community Corrections Improvement Association for $10,000 to support neighborhood clean-up and restoration and community-building projects. 1264-08-12, Memorandum of Understanding with Marketplace on First identifying shared responsibilities for the construction and maintenance of the landscaped raised medians in connection with the 1st Avenue East and Collins Road NE intersection and approaches reconstruction and widening project. 1265-08-12, Information Technology Department purchase of computer equipment (desktops, monitors, laptops, printers, workstations, server, etc.) from Hewlett-Packard Company in the amount of $500,000 for FY2012. 1266-08-12, Information Technology Department purchase of Lenel Enterprise Security System including maintenance for City Facilities from Communications Engineering Company in the amount of $60,000. 1267-08-12, purchase order in the amount of $31,005.34 to Oracle for renewal of the annual database software license update and support for Fiscal Year 2013 (September 3, 2012 – September 2, 2013). 1268-08-12, authorizing Doubletree by Hilton, LLC to execute an agreement for services with Mediacom Communications Corporation for a term of 5 years, commencing on June 1, 2013 in connection with the Cedar Rapids Convention Complex Hotel project. 1269-08-12, purchase order in the amount of $63,745 to Trident Process Inc. for replacement of Lightnin Model 780 50HP Gearbox at WPCF (sole source). 1270-08-12, Amendment No. 1 to the Memorandum of Agreement (MOA) with the Federal Emergency Management Agency (FEMA), Iowa Homeland Security and Emergency Management (HSEMD), the State Historical Society and the State Historic Preservation Office (SHPO), regarding the demolition of the former T.M. Sinclair & Co. Packing House/Wilson & Co. Packing House site located at 1600 3rd Street SE (FLOOD). 1271-08-12, Amendment No. 3 to the Professional Services Agreement with Shive Hattery, Inc. specifying an increased amount not to exceed $2,220 for land surveying services in connection with the City Services Center project (original contract amount was $23,757; total contract amount with this amendment is $32,105) (FLOOD). 1272-08-12, Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $110,000 for the additional work to the CRWPCF Flood Wall Protection project (original contract amount was $2,297,607; total contract amount with this amendment is $2,407,607) (FLOOD). 1273-08-12, Amendment No. 4 to reflect increased demolition debris in the amount of $462,832.69 and accepting project and Performance Bond and authorizing issuance of payment in the amount of $41,486.38 to Kelly Demolition, LLC for Demolition for Flood Damaged Commercial Structures as final payment of amounts retained on work substantially completed (original contract amount was $350,478.50; total contract amount with this amendment is $829,727.19) (FLOOD). 1274-08-12, Amendment No. 1 to the Agreements for Utility Disconnect Services with BWC Excavating LC to reflect actual quantities and estimate future services for an amount not to exceed $93,000 (original contract amount was $366,970.65; total contract amount with this amendment is $459,970.65) (FLOOD). Abstain, Council member Gulick. 1275-08-12, Change Order No. 2 in the amount of $12,564.23 with Vieth Construction Corporation for the Cedar River Sanitary Sewer Crossing Stabilization project (original contract amount was $170,410; total contract amount with this amendment is $208,178.23) (FLOOD). 1276-08-12, Change Order No. 6 in the amount of $6,418.85 with Price Industrial Electric, Inc. for the Joint Communications Network Group 3 Downtown System Improvements and Repair project (original contract amount was $413,898.85; total contract amount with this amendment is $475,865.17) (FLOOD). 1277-08-12, Change Order No. 1 in the amount of $59,239 with Secoa, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Theatrical Rigging, Curtains, Pit Lifts & Platforms Bid Bundle) project (original contract amount was $1,263,000; total contract amount with this amendment is $1,322,239) (FLOOD). 1278-08-12, Change Order Nos. 12 and 13 for a total amount of $12,994 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,661,799) (FLOOD). Abstain, Council member Swore. 1279-08-12, Change Order Nos. 7 and 8 for a total amount of $205,468 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $6,863,027) (FLOOD). Abstain, Council member Swore. 1280-08-12, Change Order No. 3 in the amount of $86,896 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase I project (original contract amount was $5,540,000; total contract amount with this amendment is $5,885,606) (FLOOD). 1281-08-12, Change Order No. 1 in the amount of $48,369 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase II project (original contract amount was $4,687,000; total contract amount with this amendment is $4,735,369) (FLOOD). 1282-08-12, Change Order No. 2 in the amount of $970.65 with B.G. Brecke, Inc. for the Mohawk Park Water Service project (original contract amount was $35,000; total contract amount with this amendment is $58,890.65) (FLOOD). 1283-08-12, awarding and approving contract in the amount of $352,400, bond and insurance of Northwest Underwater Construction, LLC for the Main Interceptor from A Street SW to Prairie Creek, Sanitary Sewer Repair project (estimated cost is $450,000) (FLOOD). 1284-08-12, Development Agreement with Cedar Valley Habitat for Humanity for the rehabilitation of city owned property at 623 H Avenue NW through the Residential Property Disposition Program (FLOOD). 1285-08-12, Development Agreement with Colony Heating and Air Conditioning for the rehabilitation of city-owned property at 1784 Mallory Street SW through the Residential Property Disposition Program (FLOOD). 1286-08-12. Agreement for cleaning of flood damaged hydroelectric facility with ServPro of Cedar Rapids for the Utilities Department for an amount not to exceed $75,400 (FLOOD). 1287-08-12, Information Technology Department purchase of rental Tier III data space and circuitry needs from Involta, LLC for an annual amount of $282,600 (FLOOD). 1288-08-12, approving terms and conditions of the Letter of Interest with Commerce Bank for State Historic Tax Credits funding in connection with the historic rehabilitation project – the Old Federal Courthouse project (FLOOD). Report on bids for the Veterans Memorial Phase III project (estimated cost is $4,500,000) (FLOOD). (Mike Jager) Garling Construction Bidders Miron Construction Rinderknecht Associates, Inc. Tricon Construction Group Total Base Bid $6,419,000 $6,259,900 $5,863,000 $6,164,000 Unit Cost #01 $14/LF $16/LF $14/LF $12/LF Alternate #1 $115,000 $128,200 $126,500 $135,000 Alternate #2 $25,000 $22,400 $22,500 $22,000 Alternate #3 $28,000 $12,800 $28,800 $11,000 Alternate #4 $30,000 $24,800 $27,700 $60,000 Alternate #5 $200,000 $211,560 $208,000 $205,000 Alternate #6 $145,000 $144,290 $136,300 $160,000 Alternate #7 $56,000 $53,340 $126,000 $71,000 Alternate #8 $24,000 $22,370 $22,000 $21,700 Alternate #9 ($18,000.00) ($28,600.00) ($33,000.00) ($10,360.00) $7,042,000 $6,879,660 $6,560,800 $6,849,700 $7,024,000 $6,851,060 $6,527,800 $6,839,340 Total With All Add Alternates Total With All Alternates Report on bids for the Cedar Rapids Convention Complex Hotel Carpet Material project (estimated cost is $325,000). (Doug Wilson) Kamals, Inc. Phelans Interiors (1 of 2) Phelans Interiors (2 of 2) Shaw Industries, Inc. Cedar Rapids Cedar Rapids Cedar Rapids Dalton, GA $337,015.46 $449,459.95 $466,334.90 $ 31,426.10 (incomplete bid) 1289-08-12, awarding and approving contract for an amount not to exceed $337,015.46, bond and insurance of Kamals, Inc. for the Cedar Rapids Convention Complex Hotel Carpet Material project. Report on bids for the Cedar Rapids Convention Complex Hotel Vinyl Wall Covering Material project (estimated cost is $380,000). (Doug Wilson) The Sherwin Williams Company D.A. Bunch Co. Cedar Rapids Cedar Rapids $148,408.63 $337,409.85 1290-08-12, awarding and approving contract for an amount not to exceed $148,408.63, bond and insurance of The Sherwin Williams Company for the Cedar Rapids Convention Complex Hotel Vinyl Wall Covering Material project. Ordinance No. 055-12, being an Ordinance vacating public ways and grounds in and to the property described as a 10-foot by 450-foot strip of right-of-way located along the southerly property line of 5750 16th Avenue SW as requested by Larry D. Chmelicek, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 1291-08-12, authorizing the disposition of the property described as a 10-foot by 450foot strip of right-of-way located along the southerly property line of 5750 16th Avenue SW and executing a Quit Claim Deed as requested by Larry D. Chmelicek. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 5:23 p.m. to meet Tuesday, September 11, 2012 at 12:00 noon. Amy Stevenson, City Clerk Abstain, Mayor Corbett Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA September 11, 2012, 12:00 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick (arrived at 12:11 p.m.), Karr, Olson, Poe, Shields, Shey (arrived at 12:07 p.m.), Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. The invocation was given by Police Chaplain Pat Rieck. Pledge of Allegiance. Mayor Corbett and Council member Poe presented a Proclamation to Peg Wilkinson, Linda VanNiewaal, Cristy Hamblin, Nancy Brown, Marion Koontz, Marjorie Spencer and Jan Fretheim declaring the week of September 17, 2012 as Constitution Week. Mayor Corbett and Council member Shields presented a Proclamation to Karla Goettel, Amanda Pieper and Greg Goodell declaring the week of September 24, 2012 as Backpack Week. Mayor Corbett and Council member Swore presented a Proclamation to Richard Bice, Ryan Koester and Kerry Arnold declaring the month of September 2012 as Optimists Club Month. Mayor Corbett and Council member Vernon presented a Proclamation to Christy Thurman, Colleen Mohr, Julie Thompson and Todd Michael Hirst declaring the month of October 2012 as Cancer Prevention Month. Mayor Corbett and Council member Karr presented a Proclamation declaring September 22, 2012 as iGreenCR Day. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the Resolution of Necessity (Proposed) for the construction of the Edgewood Road SW from Bayberry Drive SW to 33rd Avenue SW Sidewalk Extension project. No comments or objections were heard or filed. 1292-09-12, adoption without amendment of the Resolution of Necessity (Proposed) for the construction of the Edgewood Road SW from Bayberry Drive SW to 33rd Avenue SW Sidewalk Extension project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids South Gateway Sign project (estimated cost is $150,000). No comments or objections were heard or filed. 1293-09-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids South Gateway Sign project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Animal Care & Control Building project (estimated cost is $3,400,000). No comments or objections were heard or filed. 1294-09-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Animal Care & Control Building project (FLOOD). A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures - Swiss Valley and Souvenir Pen project (estimated cost is $650,000). No comments or objections were heard or filed. 1295-09-12, adopting specifications, form of contract and estimated cost for the Demolition Services for Flood Damaged Commercial Structures - Swiss Valley and Souvenir Pen project (FLOOD). Council member Vernon moved to approve the Agenda; seconded by Council member Swore. City Manager Pomeranz announced that Item Number 12u (Motion approving the beer/liquor/wine application of Tycoon, 427 2nd Avenue SE) is removed from the agenda. Council member Karr requested that Item Number 25o (Public Works Department purchase of small tools and accessories for the Convention Complex from White Cap Construction Supply in the amount of $75,563) be removed from the Consent Agenda and moved to the Regular Agenda. Council member Gulick announced that the Closed Session scheduled for after today’s Regular Session will not be held. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. September 25, 2012 – to consider the vacation of a 90-foot sanitary sewer, water main, storm sewer and drainage easement and a portion of the 30-foot sanitary sewer easement located at 1230 English Lane NE as requested by Boyson Park Land Co., L.L.C. b. September 25, 2012 – to consider the continuation of the disposition of excess City-owned property described as a 27,842 square-foot vacant parcel located at 305 East Post Road SE. c. September 25, 2012 – to consider a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and The Dog House, Inc. d. September 25, 2012 – to consider amending the Future Land Use Map in the City’s Comprehensive Plan for properties at 2739, 2753 and 2757 1st Avenue SE, 117 and 121 28th Street Drive SE and 2740 2nd Avenue SE from Low Density Residential to Commercial as requested by Ahmann Properties, LLC., Suess Land & Cattle Co., LLC and Blake Mohasci. e. September 25, 2012 – to consider a change of zone for properties at 2739, 2753 and 2757 1st Avenue SE, 117 and 121 28th Street Drive SE and 2740 2nd Avenue SE from R-2, Single Family Residence Zone District and O-S, Office/Service Zone District to C-2, Community Commercial Zone District and OS, Office/Service Zone District as requested by Ahmann Properties, LLC, Suess Land & Cattle Co., LLC and Blake Mohasci. f. September 25, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, Subsection 32.04.030.A.46.ii and the Permitted Use Table (Table 32.04-1) to allow signage on large Wind Energy Conservation Systems. g. September 25, 2012 – to consider amending Ordinance No. 13-95, Conditions Nos. 5 and 6 as requested by Joe Ahmann, The Fountains, LLC and Transamerica Life Insurance Company. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for September 25, 2012 and advertising for bids by publishing notice to bidders for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on October 10, 2012 (estimated cost is $105,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for September 25, 2012 and advertising for bids by publishing notice to bidders for the 2012 Roof Replacement Solids Dewatering & Incinerator Bldg. and Operations Building project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on October 10, 2012 (estimated cost is $240,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for September 25, 2012 and advertising for bids by publishing notice to bidders for the WPC Lenel and Security Camera Upgrades project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on October 10, 2012 (estimated cost is $350,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for September 25, 2012 and advertising for bids by publishing notice to bidders for the Horizontal Collector Wells Architectural Repairs and Flood Mitigation project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on October 10, 2012 (estimated cost is $690,000) (FLOOD). Motion authorizing publication of a public notice that on September 25, 2012 a resolution will be considered to execute a Lease Agreement with Electronic Engineering Company over a three-year period, to end July 31, 2015, for a City-wide AVL (Automated Vehicle Location) and GPS (Global Positioning System) technology and support system for an amount not to exceed $184,980.60. Motion approving the beer/liquor/wine applications of: a. b. c. 1st Avenue Wine House, 3412 1st Avenue NE; 2nd Avenue Corner Pocket, 609 2nd Avenue SW; Adelita’s Mexican Grill, 2833 Blairs Ferry Road NE (new-formerly Godfather’s d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. Blue Toad, 86 16th Avenue SW (permanent outdoor service area); Bulicek’s Deli & Brew, 1616 6th Street SW; Butcher Block Steakhouse, 1117 1st Avenue SE (new- formerly Riley’s); Casey’s General Store #2768, 1201 1st Avenue SE; Casey’s General Store #2776, 701 Ellis Boulevard NW; Casey’s General Store #2778, 201 8th Avenue SE; Casey’s General Store #2780, 5555 Edgewood Road NE; Casey’s General Store #2782, 1495 Blairs Ferry Road NE; Casey’s General Store #2790, 588 Boyson Road NE #110; Casey’s General Store #2791, 9125 Atlantic Drive SE; Casey’s General Store #2792, 9001 6th Street SW; CVS Pharmacy #8443, 3419 16th Avenue SW; Kum & Go #508, 30 Four Oaks Drive SW; Moose McDuffy’s, 834 1st Avenue NE; Panchero’s Mexican Grill, 5300 Edgewood Road NE #100; Rumor’s, 400 F Avenue NW (outdoor service for an event on September 21-22, t. u. v. w. Sam’s Club #8162, 2605 Blairs Ferry Road NE; Walgreen’s #12580, 324 Edgewood Road NW (new-switching to Class E Liquor); Zeppelins, 5300 Edgewood Road NE #500; Zins, LLC, 227 2nd Avenue SE. Pizza); 2012); 1296-09-12, approving payment of bills. 1297-09-12, approving payment of payroll. 1298-09-12, approving transfer of funds. 1299-09-12, approving the special event application for the Especially for You Race Against Breast Cancer event (includes road closures) on October 7, 2012. 1300-09-12, intent to assess for delinquent municipal utility bills which have not been paid to date by the property owner at various locations (29 properties). 1301-09-12, accepting the FY 2011 City of Cedar Rapids, Iowa Sanitary Sewer Improvements Point Repairs and Reconstruction – Package #1 project, Change Order No. 7 which specifies a decrease in the amount of $199,494.87, approving Performance Bond and authorizing issuance of final payment in the amount of $53,970.20 to Rathje Construction Company (original contract amount was $1,270,882.60; final contract amount with this amendment is $1,079,403.98). 1302-09-12, accepting the 60th Avenue SW from Edgewood Road SW to 6th Street SW, Improvements – Phase 2 project, approving Performance Bond and authorizing issuance of final payment in the amount of $218,743.45 to Horsfield Construction, Inc. (original contract amount was $4,114,999.65; final contract amount is $4,374,869.06). 1303-09-12, accepting the Trail Flood Repair & Levee Repair (A Street SW) project, approving Performance Bond and authorizing issuance of final payment in the amount of $16,692.39 to Dave Schmitt Construction Company, Inc. (original contract amount was $298,925.27; final contract amount is $333,847.77) (FLOOD). 1304-09-12, accepting the May’s Island Parkade project, approving Performance Bond and authorizing issuance of final payment in the amount of $41,224.15 to Miron Construction Company, Inc. (original contract amount was $724,200; final contract amount is $824,483) (FLOOD). Abstain, Council member Swore. 1305-09-12, accepting the Manhattan Pavilion project, approving Performance Bond and authorizing issuance of final payment in the amount of $9,415.70 to Dean Driscoll Construction, Inc. (original contract amount was $89,317; final contract amount is $94,157) (FLOOD). 1306-09-12, Development Agreement and Special Warranty Deed for Jim Sattler, Inc. for property at 1814 I Street SW participating in the third round of the Single Family New Construction Program (FLOOD). 1307-09-12, Development Agreement and Special Warranty Deed for Jim Sattler, Inc. for property at 1814 C Street SW participating in the third round of the Single Family New Construction Program (FLOOD). 1308-09-12, Development Agreement and Special Warranty Deed for Todd Richardson Construction, Ltd. for property at 1793 Mallory Street SW participating in the third round of the Single Family New Construction Program (FLOOD). 1309-09-12, approving the Final Plat of Isaiah First Addition located at 2050 29th Avenue SW. 1310-09-12, authorizing removal of the adult guard for the signalized pedestrian crossing in the 100 block of Edgewood Road NW as requested by the Holy Family School System. 1311-09-12, rescinding Resolution No. 2632-12-96 indicating Reserved Parking for the Handicapped and 20 Minute Parking 8:00 a.m. to 5:00 p.m. except Saturday, Sunday and Holidays zones on the north side of 2nd Avenue SW in the 400 block. 1312-09-12, rescinding Resolution No. 939-7-64 approving yield signs at the intersection of Mayden Avenue and Ohio Street SW and approving the installation of stop signs for traffic on Mayden Avenue to stop for traffic on Ohio Street SW. 1313-09-12, approving amended preliminary assessments for the 3rd Street SE Reconstruction and Streetscape Improvements from 8th Avenue SE to 14th Avenue SE project. 1314-09-12, consenting to a waiver of potential conflicts of interest for the Shuttleworth & Ingersoll, P.L.C. firm providing legal services to the City regarding the real property for the Paramount Theatre project. 1315-09-12, authorizing reclassification of the Economic Development Coordinator position to regular full-time. 1316-09-12, Amendment No. 1 to the Agreement for Generator Maintenance and Repair Services with Cummins Central Power, LLC to reflect the additional cost to add four generators at The Eastern Iowa Airport to the contract for an amount not to exceed $21,675.78 (original contract amount was $77,910.94; total contract amount with this amendment is $99,586.72). 1317-09-12, Amendment No. 2 to renew Agreement for Mailing Services for the Utilities Department with Mailing Services, Inc. for a total annual amount not to exceed $175,000 (original contract amount was $175,000, renewal contract amount is $175,000). 1318-09-12, amending Resolution No. 1064-07-12 by adding a final cost summary for the 1 st Street SW From 3rd Avenue to 5th Avenue Flood Protection Levee project (original contract amount was $782,574.70; final contract amount is $813,647.14). 1319-09-12, Change Order No. 18 deducting the amount of $32,756.56 with Horsfield Construction, Inc. for the 33rd Avenue SW Reconstruction and Turn Lane Improvements From Coyote Road to Remington Street project (original contract amount was $2,553,421.50; total contract amount with this amendment is $2,743,939.19). 1320-09-12, Change Order No. 3 in the amount of $21,136.78 with LL Pelling Company, Inc. for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project (original contract amount was $1,361,619.50; total contract amount with this amendment is $1,408,810.68). 1321-09-12, Change Order Nos. 3 and 4 totaling the amount of $30,353.60 with Rohl Networks LP for the Joint Communications Network Construction Group 2 EDA Project (original contract amount was $2,366,436.69; total contract amount with this amendment is $2,406,981.19). 1322-09-12, Change Order No. 4 deducting the amount of $8,049.65 with Ricklefs Excavating, Ltd. for the N Avenue NW 2001 Water Main Replacement project (original contract amount was $205,977.50; total contract amount with this amendment is $236,149.10). 1323-09-12, Change Order No. 6 deducting the amount of $52,593.90 with Price Industrial Electric for the Traffic Signal System Upgrades and Signal Interconnect on Williams Boulevard SW and 1st Avenue W, Wiley Boulevard SW, 16th Avenue SW, Johnson Avenue NW, and Edgewood Road SW project (original contract amount was $1,457,068.48; total contract amount with this amendment is $1,505,695.73). 1324-09-12, Change Order No. 5 in the amount of $9,532 with Miron Construction Company, Inc. for the Cedar Rapids Convention Complex Hotel Exterior Envelope Package project (original contract amount was $4,465,626; total contract amount with this amendment is $4,731,726). Abstain, Council member Swore. 1325-09-12, Change Order No. 10 in the amount of $85,897 with Miron Construction Company, Inc. for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,167,137). Abstain, Council member Swore. 1326-09-12, 28E Agreement between the City of Cedar Rapids Utilities Department – Solid Waste and Recycling Division and the City of Robins for two loose leaf vacuum collection events in the Fall of 2012 for an amount not to exceed $12,163. 1327-09-12, Memorandum of Understanding (MOU) with St. Luke’s Hospital to support St. Luke’s participation in the drug discount program established under Section 340B of the Public Health Services Act. 1328-09-12, Agreement for Trees for Fall 2012 Planting with B & G Nursery and Construction for the Public Works Department for an amount not to exceed $79,109. 1329-09-12, Agreement for Commission of Public Artwork with Volkan Alkanoglu for an art piece to be located on the Box Office Wall of the Convention Complex for an amount not to exceed $100,000 with progress payments based on defined milestones. 1330-09-12, Public Works Department purchase of dock equipment for the Convention Complex from Hupp Toyota-Lift in the amount of $29,668.85. 1331-09-12, Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $127,000 for design services in connection with the FY13 Sanitary Sewer Improvements (Various Locations) project. 1332-09-12, Professional Services Agreement with Donaldson Professional Services Group for an amount not to exceed $30,760 for the design and engineering services in connection with the Ellis Road NW Trail Extension from Edgewood Road NW to Ellis Boat Harbor Access Drive project. 1333-09-12, Professional Services Agreement with Hall and Hall Engineers, Inc. for an amount not to exceed $38,800 for preliminary design services in connection with the 76th Avenue SW from Kirkwood Boulevard to Interstate 380 project. 1334-09-12, Professional Services Agreement with Strand Associates for an amount not to exceed $170,000 for the Motor Control Center #2 Replacement project at WPCF. 1335-09-12, Professional Services Agreement with Ulteig Engineers for an amount not to exceed $63,000 for the NW Water Treatment Plant Arc Flash & Coordination Study. 1336-09-12, execution of a Quit Claim Deed and acceptance of an Easement for Sanitary Sewer for City-owned property described as a 20-foot x 100-foot strip of vacant land located southerly of and adjacent to 5325 E Avenue NW as requested by Ryan P. Miller. 1337-09-12, rescinding Resolution No. 0440-03-12 which authorized the purchase of stock parts for the Gardner Denver High Pressure Pump at WPCF from Mid-Iowa Tools, Inc. in the amount of $29,975.46 (sole source). 1338-09-12, Amendment No. 1 to Agreement for Wayfinding Signage for the City Manager’s Office with Letter Perfect for a total additional amount not to exceed $6,407.20 (original contract amount was $24,632.76, total contract amount with this amendment is $31,039.96) (FLOOD). 1339-09-12, Change Order No. 5 in the amount of $13,302 with Olympic Companies, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Historical Plaster and Paint Bid Bundle) project (original contract amount was $2,949,340; total contract amount with this amendment is $3,005,513) (FLOOD). 1340-09-12, Change Order No.1 in the amount of $4,840 with Dean Driscoll Construction, Inc. for the Manhattan Pavilion project (original contract amount was $89,317; total contract amount with this amendment is $94,157) (FLOOD). 1341-09-12, Library Agreement for Automated Materials Handling System with RFID Library Solutions for a total amount not to exceed $378,650 (FLOOD). 1342-09-12, Public Works Department purchase of small tools and accessories for the Convention Complex from White Cap Construction Supply in the amount of $75,563. Nay, Council member Karr. Report on bids for the Cedar Rapids Convention Complex Audio Technology Systems bid package project. (Rob Davis) AP Sound, Inc. d/b/a All Pro Sound, Pensacola, FL Ford Audio-Video Systems, LLC, Tulsa, OK TS Sports, Dallas, TX Daktronics, Inc., Brookings, SD $583,332.73 $605,115.00 $687,719.00 $867,376.00 Report on bids for the Cedar Rapids Convention Complex Video Technology Systems bid package project. (Rob Davis) Daktonics, Inc., Brookings, SD TS Sports, Dallas, TX $ 2,089,501.00 $ 2,129,478.38 Report on bids for the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project (estimated cost is $183,000). (Dave Wallace) Price Industrial Electric, Inc., Hiawatha, IA $176,368 1343-09-12, awarding and approving contract in the amount of $176,368, bond and insurance of Price Industrial Electric, Inc. for the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project. Report on bids for the Bever-Linden-Blake SE Area 2011 Water Main Improvements – Phase 1 project (estimated cost is $500,000). (Pat Ball) Ricklefs Excavating LTD (Anamosa, IA) Gee Grading & Excavating, Inc. (Cedar Rapids, IA) Dave Schmitt Construction Co., Inc. (Cedar Rapids, IA) Eastern Iowa Excavating & Concrete, LLC (Cascade, IA) $ 437,716.80 $ 483,524.69 $ 493,432.55 $ 527,189.35 1344-09-12, awarding and approving the contract in the amount of $437,716.80, bond and insurance of Ricklefs Excavating Ltd. for the Bever-Linden-Blake SE Area 2011 Water Main Improvements – Phase 1 project. Ordinance No. 056-12, being an Ordinance repealing Chapter 34 of the Municipal Code, Electrical Code, and enacting and adopting in lieu thereof a new Electrical Code and the 2011 edition of the National Electric Code with modifications, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 057-12, being an Ordinance granting a change of zone for property north th of 16 Avenue SW, east of Westridge Drive SW and south of Rockingham Drive SW from A, Agriculture Zone District to R-3, Single Family Residence Zone District as requested by Midwest Development Co., was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Olson. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Olson. Ordinance No. 058-12, being an Ordinance granting a change of zone for property east th of 13 Street NW and north of C Avenue NW from R-3, Single Family Residence Zone District to PUB, Public Zone District as requested by Linn County, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 059-12, being an Ordinance granting a change of zone for property at 1207 Wright Brothers Boulevard SW and an adjacent unnumbered parcel from A, Agriculture Zone District to I-1, Light Industrial Zone District as requested by Schulte Development, LC., was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 060-12, being an Ordinance amending Chapter 31 of the Municipal Code, the Subdivision Ordinance, to require a Mandatory Pre-Construction Meeting prior to commencing any construction activities for subdivision improvements found in Subsection 31.06, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. One public comment was heard. Council member Shields moved to adjourn; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 1:02 p.m. to meet Tuesday, September 25, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Abstain, Council member Olson Abstain, Council member Swore Nay, Council member Karr Cedar Rapids, Iowa, September 18, 2012; 3:00 p.m. City Council met in Special Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Karr, Gulick, Olson, Poe, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney James Flitz. Absent, Council member Shey. Discussion: Jeff Pomeranz The following resolution was approved with all Council members voting “Aye” unless noted. 1345-09-12, giving consent to the City Manager’s appointment of Wayne M. Jerman as police chief of the Cedar Rapids Police Department. Discussion: Wayne M. Jerman Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Karr, Gulick, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Meeting adjourned at 3:27 p.m. Amy Stevenson, City Clerk Absent, Council member Shey MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA September 25, 2012, 4:00 p.m. 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 Vernon, Council members Gulick, Karr, Olson, Poe, Shields, Shey and Swore. Also present were City Manager Jeff Pomeranz and City Attorney Jim Flitz. Absent, Mayor Corbett. The invocation was given by Police Chaplain Taha Tawil. Pledge of Allegiance. Mayor Pro Tempore Vernon and Council member Olson presented a Proclamation to Juli Hardin, Neil Thomas, Gene Fisk, Dennis Fitz, Ken Barker, Steve Sandstrom, Katerina Mendoza, Cindy Garlock, Doug Showalter and Darrel Wrider declaring September 25, 2012 as Parks and Recreation Volunteer Day. Mayor Pro Tempore Vernon and Council member Shey presented a Proclamation to Oliverio Covarrubias (and three other individuals) declaring September 15 through October 12, 2012 as National Hispanic Heritage Month. Mayor Pro Tempore Vernon and Council members Karr, Poe, Shields and Swore presented the Five Seasons Citizenship Recognition Program to Pat Baird, Gary Ficken, Jim Hoffman, Sarah Ordover and Linda Seger. Resolutions were adopted with all Council members and Mayor Pro Tempore Vernon voting “Aye” unless noted. A public hearing was held to consider the vacation of a 90-foot sanitary sewer, water main, storm sewer and drainage easement and a portion of the 30-foot sanitary sewer easement located at 1230 English Lane NE as requested by Boyson Park Land Co., L.L.C. No comments or objections were heard or filed. 1346-09-12, vacating a 90-foot sanitary sewer, water main, storm sewer and drainage easement and a portion of the 30-foot sanitary sewer easement located at 1230 English Lane NE as requested by Boyson Park Land Co., L.L.C. A public hearing was held to consider the continuation of the disposition of excess Cityowned property described as a 27,842 square-foot (.69 acre) vacant parcel located at 305 East Post Road SE. No comments or objections were heard or filed. 1347-09-12, authorizing the disposition of excess City-owned property described as a 27,842 square-foot (.69 acre) vacant parcel located at 305 East Post Road SE. A public hearing was held to consider a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and The Dog House, Inc. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and The Dog House, Inc., was presented and read the first time. Council member Karr 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 Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider amending the Future Land Use Map in the City’s Comprehensive Plan for properties at 2739, 2753 and 2757 1st Avenue SE, 117 and 121 28th Street Drive SE and 2740 2nd Avenue SE from Low Density Residential to Commercial as requested by Ahmann Properties, LLC., Suess Land & Cattle Co, LLC and Blake Mohasci. No comments or objections were heard or filed. 1348-09-12, amending the Future Land Use Map in the City’s Comprehensive Plan for properties at 2739, 2753 and 2757 1st Avenue SE, 117 and 121 28th Street Drive SE and 2740 2nd Avenue SE from Low Density Residential to Commercial as requested by Ahmann Properties, LLC., Suess Land & Cattle Co, LLC and Blake Mohasci. A public hearing was held to consider a change of zone for properties at 2739, 2753 and st 2757 1 Avenue SE, 117 and 121 28th Street Drive SE, and 2740 2nd Avenue SE from R-2, Single Family Residence Zone District and O-S, Office/Service Zone District to C-2, Community Commercial Zone District and O-S, Office/Service Zone District as requested by Ahmann Properties, LLC., Suess Land & Cattle Co, LLC and Blake Mohasci. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for properties at 2739, 2753 and 2757 1st Avenue SE, 117 and 121 28th Street Drive SE, and 2740 2nd Avenue SE from R-2, Single Family Residence Zone District and O-S, Office/Service Zone District to C2, Community Commercial Zone District and O-S, Office/Service Zone District as requested by Ahmann Properties, LLC., Suess Land & Cattle Co, LLC and Blake Mohasci, was presented and read the first time. Council member Gulick 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 Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider amending Ordinance No. 13-95, Condition Nos. 5 and 6 as requested by Joe Ahmann, The Fountains, LLC and Transamerica Life Insurance Company. One comment was heard. No objections were heard or filed. Ordinance No. ________, being an Ordinance amending Ordinance No. 13-95, Condition Nos. 5 and 6 as requested by Joe Ahmann, The Fountains, LLC and Transamerica Life Insurance Company, was presented and read the first time. Council member 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 Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, Subsection 32.04.030.A.47.ii.(B) to allow signage on large Wind Energy Conversion Systems. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, Subsection 32.04.030.A.47.ii.(B) to allow signage on large Wind Energy Conversion Systems, was presented and read the first time. Council member Swore 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 Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore and Mayor Pro Tempore Vernon. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project at WPCF (estimated cost is $105,000). No comments or objections were heard or filed. 1349-09-12, adopting plans, specifications, form of contract and estimated cost for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project at WPCF. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2012 Roof Replacement Solids Dewatering & Incinerator Bldg. and Operations Building project at WPCF (estimated cost is $240,000). No comments or objections were heard or filed. 1350-09-12, adopting plans, specifications, form of contract and estimated cost for the 2012 Roof Replacement Solids Dewatering & Incinerator Bldg. and Operations Building project at WPCF. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the WPC Lenel and Security Camera Upgrades project (estimated cost is $350,000). No comments or objections were heard or filed. 1351-09-12, adopting plans, specifications, form of contract and estimated cost for the WPC Lenel and Security Camera Upgrades project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Horizontal Collector Wells Architectural Repairs and Flood Mitigation project (estimated cost is $690,000). No comments or objections were heard or filed. 1352-09-12, adopting plans, specifications, form of contract and estimated cost for the Horizontal Collector Wells Architectural Repairs and Flood Mitigation project (FLOOD). Council member Poe moved to approve the Agenda; seconded by Council member Swore. City Manager Pomeranz announced that Item Number 36d (Amendment No. 1 to the Management Contract with Doubletree Management, LLC to clarify two conflicting provisions: City approval of contracts in excess of three years and submitting of budget for next calendar year by October 15) be amended to state one year instead of three years. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried as amended. Council member Gulick moved to approve the Consent Agenda; seconded by Council member Olson. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. October 23, 2012 – to consider amending the Citizen Participation Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs by establishing annual City Council-adopted funding priorities for eligible activities. b. October 23, 2012 – to consider amending Chapter 17A of the Municipal Code, Revitalization Areas, in regard to a request for an Urban Revitalization Area designation for expansion of an existing manufacturing facility located at 1000 27th Avenue SW (Pinnacle Engineering). c. October 23, 2012 – to consider an Ordinance relating to collection of tax increment within the proposed Fountains Urban Renewal Area. Motion authorizing publication of a public notice that on October 9, 2012 a Resolution will be considered to execute a Rental Agreement with Koch Brothers for the rental of one Lanier digital copier. Motion approving the beer/liquor/wine applications of: a. Benz Beverage Depot, 501 7th Avenue SE (5-day Beer permit for an event on October 13, 2012); b. Blue Strawberry Coffee Company, 118 2nd Street SE; c. Bricks Bar & Grill, 320 2nd Avenue SE; d. Coe College / SODEXHO, 1220 1st Avenue NE; e. Cooter’s, 729 1st Avenue SE (new-change in ownership); f. Dug Out, 3325 Center Point Road NE (new-formerly The Londoner); g. Genghis Grill, 2230 Edgewood Road SW; h. Hawkeye Convenience Store – Westgate, 4830 Johnson Avenue NW; i. Hy-Vee Drugstore #6, 505 Boyson Road NE; j. Leonardo’s Pizza, 2228 16th Avenue SW; k. Papa Juan’s / Stefano’s, 5505 Center Point Road NE; l. Stadium Lounge, 957 Rockford Road SW; m. Target Store # T-1771, 3400 Edgewood Road SW; n. Texas Roadhouse, 2605 Edgewood Road SW; o. Veterans of Foreign Wars Post #788, 3240 Southgate Place SW; p. Westside Lounge, 325 Edgewood Road NW. 1353-09-12, approving payment of bills. 1354-09-12, approving payment of payroll. 1355-09-12, appointing Robert Cihla, Richard Davis, and Kathleen Good (effective through June 30, 2015) and Christopher Thoms, Violet Urbanek, and La Tonya Walker (effective through June 30, 2014) to the Cedar Rapids ADA Advisory Committee. 1356-09-12, approving the special event application for the Czech Fall Festival event (includes road closures) on October 14, 2012. 1357-09-12, intent to assess for Solid Waste & Recycling clean-up costs at 4 properties. 1358-09-12, levy assessment for Solid Waste & Recycling clean-up costs at 6 properties. 1359-09-12, intent to assess for delinquent municipal utility bills at 29 properties. 1360-09-12, levy assessment for delinquent municipal utility bills at 13 properties. 1361-09-12, levy assessment for Public Works nuisance abatement charges at 5 properties. 1362-09-12, levy assessment for Public Works delinquent weed mowing charges at 101 properties. 1363-09-12, accepting project, approving Performance Bond and authorizing final payment in the amount of $30,000 to Price Industrial Electric, Inc. for the Traffic Signal System Upgrades and Signal Interconnect on Williams Boulevard SW and 1st Avenue W, Wiley Boulevard SW, 16th Avenue SE, Johnson Avenue NW, and Edgewood Road SW project (original contract amount was $1,457,068.48; final contract amount is $1,505,695.73). 1364-09-12, accepting the water system improvements installed in Summerfield 14th Addition and approving the Maintenance Bond submitted by Butschi Real Estate Company in the amount of $24,596. 1365-09-12, directing preparation of detailed plans, specifications, form of contract and notice to bidders for the Edgewood Road SW from Bayberry Drive SW to 33rd Avenue SW Sidewalk Extension project. 1366-09-12, Preliminary Resolution for the construction of street improvements for the th 76 Avenue SW Improvements from Edgewood Road SW to east of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project. 1367-09-12, approving the Final Plat of Woods Edge Second Addition located east of th 29 Street NW and north of Oak Crest Court NW. 1368-09-12, adopting a Sanitary Sewer Backwater Valve Reimbursement Policy. 1369-09-12, rescinding Resolution No. 869-5-77 which established “1 Hour Parking 8:00 a.m. to 5:00 p.m. except Saturdays, Sundays and Holidays” on the south side of F Avenue NW from a point 213 feet east of Ellis Boulevard, extending east to the railroad crossing and now establishing “No Parking Anytime” on both sides of F Avenue NW between 8th Street NW and the Union Pacific railroad crossing in connection with the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project. 1370-09-12, partially rescinding Resolution No. 1573-3-78 which established F Avenue NW as a one-way street between 1st Street East and Ellis Boulevard NW and now establishing F Avenue NW between 3rd Street NW and Ellis Boulevard NW as a two-way street in connection with the F Avenue NW – 8th Street to 3rd Street Traffic Improvements project. 1371-09-12, authorizing the Finance Department to electronically file the fiscal year ending 2012 City Street Financial Report with the Iowa Department of Transportation (IDOT). 1372-09-12, determining the necessity and setting dates of a public hearing for October 23, 2012, consultation with affected taxing entities on October 8, 2012, and referral to City Planning Commission on October 18, 2012 for a report and recommendation on the plan for the proposed Fountains Urban Renewal Area. 1373-09-12, determining the necessity and setting dates of public hearing for October 23, 2012, consultation with affected taxing agencies on October 8, 2012 and referral to City Planning Commission on October 18, 2012 for a report and recommendation on the Plan for the proposed Amendment No. 7 to the Amended and Restated Central Business Urban Renewal Area Plan. 1374-09-12, setting hearing date for October 9, 2012 to consider appeals submitted by members of the Cedar Rapids Community School District Board of Education and Kathleen Dowd Ulrich regarding City Planning Commission approval of a Preliminary Site Development Plan for property located at 1420 and 1432 Mt. Vernon Road SE and 847, 849, 853 and 859 15th Street SE for a proposed convenience store as requested by Kum & Go. 1375-09-12, authorizing donation of artifacts found during environmental testing in the flood construction study area to Bear Creek Archeology (FLOOD). 1376-09-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for two properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1377-09-12, Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for one property in connection with the FEMA Hazard Mitigation Grant Program (HMGP) (FLOOD). 1378-09-12, Development Agreement with Jelinek Company, LLC for property at 208 12th Avenue SE for disposition and redevelopment of City-owned commercial properties acquired through the City’s Voluntary Property Acquisition Program (FLOOD). 1379-09-12, Development Agreement with Jelinek Company, LLC for property at 1118 2nd Street SE for disposition and redevelopment of City-owned commercial properties acquired through the City’s Voluntary Property Acquisition Program (FLOOD). 1380-09-12, Development Agreement with Jelinek Company, LLC for property at 1120 nd 2 Street SE for disposition and redevelopment of City-owned commercial properties acquired through the City’s Voluntary Property Acquisition Program (FLOOD). 1381-09-12, Amendment No. 5 to the Professional Services Agreement with AndersonBogert Engineers & Surveyors, Inc. specifying an increased amount not to exceed $23,100 for professional services in connection with the 1st Street SW Outdoor Amphitheater & Festival Grounds project (original contract amount was $670,000; total contract amount with this amendment is $776,200). 1382-09-12, Amendment No. 4 to the Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $5,300 for additional engineering services for the Motor Control Center #5 Replacement project at WPC (original contract amount was $123,000; total contract amount with this amendment is $194,440). 1383-09-12, Amendment No. 1 to the Master Customer Agreement and Software Support Agreement for the Asset Management Software Solution with EnerGov Solutions, LLC in the amount of $768,871 (original contract amount was $1,495,489; total contract amount with this amendment is $2,264,360). 1384-09-12, Amendment No. 1 to the Management Contract with Doubletree Management, LLC to clarify two conflicting provisions: City approval of contracts in excess of one year and submitting of budget for next calendar year by October 15. 1385-09-12, Agreement for Huntington Ridge Park Pavilion Installation project with Connerley Construction LLC for the Parks and Recreation Department for an amount not to exceed $38,200. 1386-09-12, Agreement for Printing of Magazine-Style Newsletter for the City Manager’s Office with Walsworth Publishing Company, Inc. for an annual amount not to exceed $240,000. 1387-09-12, Grant Amendment Agreement with the Vision Iowa Board for the Cedar Rapids Riverfront Amphitheater and Festival Park project to extend the completion date to August 31, 2013 and require the first disbursement of funds to be requested prior to September 30, 2012. 1388-09-12, Change Order No. 2 in the amount of $11,119.65 with Dave Schmitt Construction Company, Inc. for the 1st St – 24th Ave – Haven Court SW Water Main Replacement project (original contract amount was $427,475.60; total contract amount with this amendment is $477,834.20). 1389-09-12, Change Order No. 4 in the amount of $10,701.77 with Ricklefs Excavating, Ltd. for the C Avenue NE Water Main Replacement, 32nd Street NE to 40th Street NE project (original contract amount was $418,771.50; total contract amount with this amendment is $487,251.67). 1390-09-12, Change Order No. 4 in the amount of $4,384.80 with Vieth Construction Corporation for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (original contract amount was $821,330.61; total contract amount with this amendment is $857,670.56). 1391-09-12, Change Order No. 5 deducting the amount of $73,388.41 with Pirc-Tobin Construction, Inc. for the 10th Street SE From 1st Avenue to 4th Avenue SE Improvements project (original contract amount was $2,177,865.85; total contract amount with this amendment is $2,163,469.07). 1392-09-12, Change Order No. 2 in the amount of $7,816.50 with BWC Excavating, LC for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project (original contract amount was $189,177.50; total contract amount with this amendment is $253,087.20). Abstain, Council member Gulick. 1393-09-12, Change Order No. 11 in the amount of $38,432.10 with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,548,561.21). 1394-09-12, Change Order No. 5 in the amount of $11,830.46 with Rohl Networks LP for the Joint Communications Network Construction Group 2 EDA project #05-79-04926 project (original contract amount was $2,366,436.69; total contract amount with this amendment is $2,418,811.65). 1395-09-12, Change Order No. 3 in the amount of $18,524 with Price Industrial Electric, Inc. for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project (original contract amount was $1,148,668; total contract amount with this amendment is $1,231,892). 1396-09-12, Change Order No. 7 in the amount of $8,508 with TSF Structures, Inc. for the Cedar Rapids Convention Complex Primary Steel Bid Package project (original contract amount was $2,767,966; total contract amount with this amendment is $3,070,551). 1397-09-12, Change Order No. 9 in the amount of $342,200 with Paulson Electric Company, Inc. for the Cedar Rapids Convention Complex Electrical Contract project (original contract amount was $8,437,635; total contract amount with this amendment is $8,962,402). 1398-09-12, Change Order No. 3 in the amount of $33,041.59 with Dave Schmitt Construction Company, Inc. for the Water Main Replacement in the Area of Gordon Avenue and Ford Avenue NW project (original contract amount was $473,102.90; total contract amount with this amendment is $535,635.57). 1399-09-12, awarding and approving contract in the amount of $583,332.73, bond and insurance of AP Sound, Inc. d/b/a All Pro Sound for the Cedar Rapids Convention Complex Audio Technology Systems bid package project (estimated cost is $653,478). 1400-09-12, awarding base bid plus Alternates A and C and approving contract in the amount of $2,306,088.78, bond and insurance of TS Sports for the Cedar Rapids Convention Complex Video Technology bid package project (estimated cost is $2,069,346). 1401-09-12, Agreement with the Iowa Department of Transportation (IDOT) for miscellaneous improvements in connection with the 1st Avenue E from 27th Street to 40th Street project. 1402-09-12, Agreement with Union Pacific Railroad (UPRR) in the amount of $152,070 for improvements to existing public road at grade crossing for E Avenue NW in connection with the E Avenue from 3rd Street to 13th Street Storm Sewer, Water Main and Street Improvements project. 1403-09-12, accepting a bid in the amount of $100 from Allen D. Connerley and approving a Quit Claim Deed for the disposition of excess City-owned property located at 1517 2nd Avenue SE. 1404-09-12, Warranty Deed for the consideration of $10 and other valuable consideration submitted by All Saints Church for right-of-way along Mt. Vernon Road SE and Dalewood Avenue SE. 1405-09-12, Purchase Agreement in the amount of $1 and accepting an Easement for a Bus Stop Pad from Goodwill Industries of the Heartland from land located at 2000 Scotty Drive SW in connection with the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project. 1406-09-12, Purchase Agreement in the amount of $870 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from Robert Barnard and Judith Barnard from land located at 2351 29th Street SW in connection with the 29th Street SW from Wilson Avenue to Van Buren Drive Sidewalk project. 1407-09-12, Purchase Agreement in the amount of $1 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from Immaculate Conception Church from land located at 317 10th Street SE in connection with the 10th Street SE from 1st Avenue to 4th Avenue Improvements project. 1408-09-12, 28E Memorandum of Agreement (MOA) with All Saints Elementary School for participation in the adult guard program for Fiscal Year 2013, reimbursing All Saints Elementary School for 50% of the costs for wages up to $11.13/hour, fringes and updated equipment up to a maximum of $2,148.03. 1409-09-12, 28E Memorandum of Agreement (MOA) with the Cedar Rapids Community School District (CRCSD) for participation in the adult guard program for Fiscal Year 2013, reimbursing the Cedar Rapids Community School District (CRCSD) for 50% of the cost for wages up to $11.13/hr, fringes and updated equipment up to a maximum of $58,533.93. 1410-09-12, 28E Memorandum of Agreement (MOA) with the Linn Mar Community School District for participation in the adult guard program for Fiscal Year 2013, reimbursing the Linn Mar Community School District for 50% of the costs for wages up to $11.13/hour, fringes and updated equipment up to a maximum of $1,074.02. 1411-09-12, 28E Memorandum of Agreement (MOA) with St. Matthew School for participation in the adult guard program for Fiscal Year 2013, reimbursing St. Matthew School for 50% of the costs for wages up to $11.13/hour, fringes and updated equipment up to a maximum of $1,074.02. 1412-09-12, Memorandum of Agreement (MOA) with the Federal Bureau of Investigation to accept $125,000 of Federal funding for improvements to the Cedar Rapids Police Department (CRPD) firearms range. 1413-09-12, Professional Services Agreement with Shoemaker & Haaland Professional Engineers for an amount not to exceed $44,895.50 for design services in connection with the U.S. Highway 30/151 South to Ely Road (along Cedar River Trail) – Sanitary Sewer Improvements project. 1414-09-12, Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $62,953.50 for engineering design services in connection with the Stickle Drive NE, Sanitary Sewer Extension Phase II project. 1415-09-12, Memorandum of Agreement (MOA) with Neighborhood Development Corporation of Cedar Rapids (NDC). 1416-09-12, Lease Agreement with Electronic Engineering Company over a three-year period, to end July 31, 2015, for a City-wide AVL (Automated Vehicle Location) and GPS (Global Positioning System) technology and support system for an amount not to exceed $184,980.60. 1417-09-12, Amendment No. 3 for Debris Monitoring Services for Various Flood Projects project with Neel-Schaffer, Inc. to reflect an increase in the scope of work for an amount not to exceed $60,810 (original contract amount was $71,400; total contract amount with this amendment is $188,210) (FLOOD). 1418-09-12, First Amendment to Loan Agreement, Assignment and Assumption Agreement and First Amendment to Mortgage and Security Agreement with JPM Enterprises, Inc. in connection with the Multi-Family New Construction Program (FLOOD). 1419-09-12, First Amendment to Loan Agreement, Assignment and Assumption Agreement and First Amendment to Mortgage and Security Agreement with Morris Wood Enterprises, Inc. in connection with the Multi-Family New Construction Program (FLOOD). 1420-09-12, First Amendment to Loan Agreement, Assignment and Assumption Agreement and First Amendment to Mortgage and Security Agreement with TW Homes, Inc. in connection with the Multi-Family New Construction Program (FLOOD). 1421-09-12, Agreement for Covenants and Restrictions for City-owned property at 1126 and1132 Ellis Boulevard NW (FLOOD). 1422-09-12, Change Order No. 7 in the amount of $6,000 with Price Industrial Electric, Inc. for the Joint Communications Network Group 3 Downtown System Improvements and Repair project (original contract amount was $413,898.85; total contract amount with this amendment is $481,865.17) (FLOOD). Abstain, Council member Olson. 1423-09-12, Development Agreement and Special Warranty Deed with Premiere Developers for City-owned property at 720 3rd Avenue SW participating in the third round of the Single Family New Construction Program (FLOOD). 1424-09-12, Purchase Agreements totaling the amount of $422,251.20 and accepting Warranty Deeds from property located under a part of the Paramount Theatre with an official address of 123 3rd Avenue SE owned by Guaranty Bank and Trust Company, as Trustee of the Trust Under Article IV of the Last Will and Testament of Viola N. Elsenbast; Charles L. Simon; Lois Ann Winkler; Mary K. Simon; Courtney Strong; Mary O. Simon-Strong; and Smulekoff Investment Company in connection with the Paramount Theatre Flood Recovery & Renovation project (FLOOD). 1425-09-12, Agreement for Citywide Historic & Architectural Reconnaissance Survey for the Community Development Department with Summit Envirosolutions, Inc. in the amount of $44,985 (FLOOD). 1426-09-12, Agreement for Intensive Level Historical & Architectural Survey of Religious Institutions for the Community Development Department with Louis Berger Group, Inc. in the amount of $38,250 (FLOOD). 1427-09-12, Agreement for Intensive Level Historical & Architectural Survey of Downtown Cedar Rapids for the Community Development Department with Summit Envirosolutions, Inc. in the amount of $61,390 (FLOOD). 1428-09-12, Agreement for Intensive Level Historical & Architectural Survey of Industrial Corridors in Cedar Rapids for the Community Development Department with Summit Envirosolutions, Inc. in the amount of $46,980 (FLOOD). 1429-09-12, Agreement for Comprehensive Database for Inventoried Historic Resources in Cedar Rapids Incorporated with GIS Mapping for the Community Development Department with Louis Berger Group, Inc. in the amount of $31,100 (FLOOD). 1430-09-12, Agreement to develop and publish a booklet focusing on the history of the Link-Belt Speed Corporation for the Community Development Department with Louis Berger Group, Inc. in the amount of $27,900 (FLOOD). 1431-09-12, Agreement to develop and publish a booklet focusing on the History of the Sinclair Plant Property for the Community Development Department with Louis Berger Group, Inc. in the amount of $26,000 (FLOOD). 1432-09-12, Agreement for Feasibility Studies of Flood-Damaged Historic Structures for the Community Development Department with RDG Planning & Design in the amount of $98,500 (FLOOD). 1433-09-12, Contract for purchase and installation of end panels and canopy tops with Iowa Prison Industries for the Cedar Rapids Public Library for an amount not to exceed $265,243.25 (FLOOD). 1434-09-12, Contract for purchase and installation of shelving and study tables with Library Furniture International, Inc. for the Cedar Rapids Public Library for an amount not to exceed $828,796.42 (FLOOD). 1435-09-12, Contract for purchase and installation of tables and seating with M. Hanson & Company, Inc. for the Cedar Rapids Public Library for an amount not to exceed $410,921.11 (FLOOD). 1436-09-12, Contract for purchase and installation of chairs, ottomans, cabinets and lateral files with Pigott, Inc. for the Cedar Rapids Public Library for an amount not to exceed $250,863.98 (FLOOD). 1437-09-12, Contract for purchase and installation of high density shelving with Triplett Interior Solutions for the Cedar Rapids Public Library Downtown location for an amount not to exceed $41,602.60 (FLOOD). 1438-09-12, Contract for purchase and installation of tables and seating with Phelan’s Interiors for the Cedar Rapids Public Library for an amount not to exceed $68,855.42 (FLOOD). 1439-09-12, Contract for purchase and installation of storage cabinets, seating and lecterns with Storey Kenworthy for the Cedar Rapids Public Library for an amount not to exceed $348,726.41 (FLOOD). 1440-09-12, Special Warranty Deed conveying City-owned property at 922 F Avenue NW to Colony Heating and Air Conditioning, Inc. through the Residential Property Disposition program (FLOOD). 1441-09-12, Special Warranty Deed with Stark Real Estate Holdings, Inc. for property at 1126 Ellis Boulevard NW acquired through the Voluntary Property Acquisition Program (FLOOD). 1442-09-12, Special Warranty Deed with Stark Real Estate Holdings, Inc. for property at 1132 Ellis Boulevard NW acquired through the Voluntary Property Acquisition Program (FLOOD). Report on bids for the Cedar Rapids City Services Center – Bid Package 2 – Phase 2 Demolition, Sitework and New Building Construction project (estimated costs are $18,300,000 for General Contractor; $640,000 for Demolition and Abatement; $4,150,000 for Mechanical and Plumbing; and $3,780,000 for Electrical) (FLOOD). (Sandy Pumphrey) Miron Construction Co., Inc., Cedar Rapids, IA Base Bid $19,185,000 Alternate No. 1 Additional Elevator in Warehouse 83,763 Alternate No. 2 Salt Conveyor 168,910 Alternate No. 3 Paint interior side of precast concrete walls in office 8,733 Total Bid $19,446,406 Knutson Construction Services Midwest, Iowa City, IA Base Bid $19,339,500 Alternate No. 1 Additional Elevator in Warehouse 84,000 Alternate No. 2 Salt Conveyor 183,000 Alternate No. 3 Paint interior side of precast concrete walls in office 8,500 Total Bid $19,615,000 Rinderknecht Associates, Inc., Cedar Rapids, IA Base Bid $19,593,000 Alternate No. 1 Additional Elevator in Warehouse 81,000 Alternate No. 2 Salt Conveyor 170,000 Alternate No. 3 Paint interior side of precast concrete walls in office 8,500 Total Bid $19,852,500 Neumann Brothers, Inc., Des Moines, IA Base Bid $20,150,000 Alternate No. 1 Additional Elevator in Warehouse 83,900 Alternate No. 2 Salt Conveyor 169,900 Alternate No. 3 Paint interior side of precast concrete walls in office 8,000 Total Bid $20,411,800 Williams Brothers Construction, Inc., Peoria, IL Base Bid $21,980,000 Alternate No. 1 Additional Elevator in Warehouse 84,000 Alternate No. 2 Salt Conveyor 180,000 Alternate No. 3 Paint interior side of precast concrete walls in office 12,000 Total Bid $22,256,000 Report on bids for the Cedar Rapids Fire Station No. 3 project (estimated cost is $2,200,000). (Doug Carper) Garling Construction, Inc., Belle Plaine, IA Total Base Bid Alternate 1: Add front patio overhang Alternate 2: Add rear patio overhang Alternate 3: Add monument sign $1,775,000 44,000 44,000 10,000 Alternate 4: Add irrigation system Alternate 5: Add equipment Total Bid 14,000 12,000 $1,899,000 Portzen Construction, Inc., Dubuque, IA Total Base Bid Alternate 1: Add front patio overhang Alternate 2: Add rear patio overhang Alternate 3: Add monument sign Alternate 4: Add irrigation system Alternate 5: Add equipment Total Bid $1,795,200 47,500 46,000 11,500 21,500 10,800 $1,932,500 Point Builders, LLC, Cedar Rapids, IA Total Base Bid Alternate 1: Add front patio overhang Alternate 2: Add rear patio overhang Alternate 3: Add monument sign Alternate 4: Add irrigation system Alternate 5: Add equipment Total Bid $1,901,000 54,000 54,000 6,616 18,020 11,000 $2,044,636 Woodruff Construction, LLC, Fort Dodge, IA Total Base Bid Alternate 1: Add front patio overhang Alternate 2: Add rear patio overhang Alternate 3: Add monument sign Alternate 4: Add irrigation system Alternate 5: Add equipment Total Bid $1,988,300 54,000 54,500 11,500 15,500 13,500 $2,137,300 Tricon General Construction, Cedar Rapids, IA Total Base Bid Alternate 1: Add front patio overhang Alternate 2: Add rear patio overhang Alternate 3: Add monument sign Alternate 4: Add irrigation system Alternate 5: Add equipment Total Bid $2,008,000 56,000 56,000 15,000 15,000 8,000 $2,158,000 1443-09-12, awarding and approving contract in the amount of $1,899,000, bond and insurance of Garling Construction, Inc. for the Cedar Rapids Fire Station No. 3 project. Abstain, Council member Karr. Report on bids for the Cedar Rapids South Gateway Sign project (estimated cost is $150,000). (Sandy Pumphrey) Woodruff Construction, LLC, Fort Dodge, IA Ricklefs Excavating, Ltd., Anamosa, IA MediaQuest Signs, Cedar Rapids, IA Tricon General Construction, Cedar Rapids, IA $128,300.00 $156,634.00 $168,640.30 $172,000.00 1444-09-12, awarding and approving contract in the amount of $128,300 plus incentive up to $5,000, bond and insurance of Woodruff Construction, LLC for the Cedar Rapids South Gateway Sign project. Report on bids for the Demolition Services for Flood Damaged Commercial Structures Swiss Valley and Souvenir Pen project. (John Riggs) DW Zinser Company, Walford, IA Holst Trucking, LeClaire, IA Kelly Demolition, LLC, Mt. Vernon, IA $274,000 $538,888 $561,425 1445-09-12, awarding and approving contract for the amount not to exceed $274,000, bond and insurance of D.W. Zinser Company for the Demolition Services for Flood Damaged Commercial Structures – Swiss Valley and Souvenir Pen project (estimated cost is $650,000) (FLOOD). Report on bids for the 2012 Raising West Well Field Vertical Wells project (estimated cost is $230,000). (Pat Ball) The Northway Corporation, Marion, IA Cahoy Pump Service, Fredericksburg, IA Layne-Christensen Company, Grimes, IA $240,378 $247,314 $253,000 1446-09-12, awarding and approving contract in the amount of $240,378, bond and insurance of The Northway Corporation for the 2012 Raising West Well Field Vertical Wells project (FLOOD). 1447-09-12, approving a Sponsorship Agreement between the City’s Convention Complex Manager, Doubletree Management, LLC (“Hilton”) and 7G Distributing, LLC for a term of seven years with a first annual payment of $135,000 plus one three year option for a total of ten years. 1448-09-12, approving a Professional Services Agreement with HDR Engineering, Inc. for an amount not to exceed $1,147,413 for engineering design services in connection with the Prairie Creek, from J Street to Cedar River, Sanitary Sewer Reconstruction project (FLOOD). One public comment was heard. City Manager communications were heard. At 5:31 p.m. Council member Gulick moved to recess and reconvene in the Chambers Conference Room to meet in closed session pursuant to Iowa Code Section 21.5(1)(i)(2012) to conduct the annual performance evaluation of the City Manager, closure is necessary to prevent needless and irreparable injury to the individual’s reputation and the individual has requested a closed session; seconded by Council member Poe. Council was polled. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Mayor Pro Tempore Vernon. Motion carried. Council returned to open session and adjourned at 6:20 p.m. to meet Tuesday, October 9, 2012 at 12 noon. Amy Stevenson, City Clerk Absent, Mayor Corbett Abstain, Council member Gulick Abstain, Council member Karr Abstain, Council member Olson MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA October 9, 2012, 12:00 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore and Vernon. Also present were Acting City Manager Casey Drew and City Attorney Jim Flitz. The invocation was given by Council member Chuck Swore. Pledge of Allegiance. Mayor Corbett and Council member Olson presented a Proclamation to Dolores Reisinger declaring October 15, 2012 as White Cane Safety Week. Mayor Corbett and Council member Swore presented a Proclamation to LaSheila Yates declaring October 2012 as National Disability Employment Awareness Month. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. The City Council will consider the consolidated appeals submitted by members of the Cedar Rapids Community School District Board of Education and Kathleen Dowd Ulrich regarding City Planning Commission approval of a Preliminary Site Development Plan for property at 1420 and 1432 Mt. Vernon Road SE and 847, 849, 853, and 859 15th Street SE for a proposed convenience store as requested by Kum & Go, LC. (Vern Zakostelecky) 0000-00-00, approving the appeals taken from the City Planning Commission’s approval of a Preliminary Site Development Plan for property at 1420 and 1432 Mt. Vernon Road SE and 847, 849, 853, and 859 15th Street SE for a proposed convenience store as requested by Kum & Go, LC for property owned by Crescent Realty Corp at 1420 Mount Vernon Road SE, properties owned by Larry D. Sharp at 1432 Mt. Vernon Road SE and 859 15th Street SE, property owned by Judith K. Koutny at 847 15th Street SE, property owned by Mary J. Leary at 849 15th Street SE, and property owned by Mark A. Bolton at 853 15th Street SE. Council member Olson abstained and left the Council Chambers at 12:18 p.m. Council member Gulick moved the adoption of the resolution; seconded by Council member Karr. Ayes, Council members Karr, Poe and Mayor Corbett. Nays, Council members Gulick, Shey, Shields, Swore and Vernon. Abstain, Council member Olson. RESOLUTION FAILED. Council member Olson returned to the Council Chambers at 1:30 p.m. Motion to waive 24 hour rule and amend the Agenda to include Item Number 6n (NewBo City Market, 100 3rd Street SE (new)) to approve the alcohol application. Abstain, Council member Poe. Council member Vernon moved to approve the Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motion setting public hearing dates for: a. October 23, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to change the approval process of site development plans. b. October 23, 2012 – to consider amending the Future Land Use Map in the City’s Comprehensive Plan from Low Density Residential to Commercial for property west of Highway 100 and north of North Property Lane SE as requested by the Indian Creek Nature Center. c. October 23, 2012 – to consider a change of zone for property west of Highway 100 and north of North Property Lane SE from R-1, Single Family Residence Zone District and C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by the Indian Creek Nature Center and Larson Enterprises. d. October 23, 2012 – to consider a change of zone for property north of A Avenue between 7th Street and 8th Street NE from O-S, Office/Service Zone District to C-3, Regional Commercial Zone District as requested by the University of Iowa Community Credit Union and Council 909 Knights of Columbus. e. October 23, 2012 – to consider a change of zone for property at the southeast corner of 11th Avenue and 2nd Street SE from RMF-2, Multiple Family Residence Zone District to C-3, Regional Commercial Zone District as requested by Legion Arts, Inc. and Jelinek Companies, LLC. f. October 23, 2012 – to consider a change of zone for property at 116 16th Avenue SW from C-3, Regional Commercial Zone District to RMF-1, Multiple Family Residence Zone District as requested by Knapp-Warden, LLC and Bob Schaffer. g. October 23, 2012 – to consider a change of zone for property at 115 16th Avenue SW from C-3, Regional Commercial Zone District to RMF-2, Multiple Family Residence Zone District as requested by Knapp-Warden, LLC and Bob Schaffer. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for October 23, 2012 and advertising for bids by publishing notice to bidders for the WPCF Roughing Filter #1 Dome Replacement and Concrete Repair project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on November 14, 2012 (estimated cost is $1,975,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for October 23, 2012 and advertising for bids by publishing notice to bidders for the Cedar Rapids Water Pollution Control Facility, Permanent Flood Repairs Package 2 – Solids Handling/Pumping project and authorizing the Utilities Director, or designee, to receive and open bids and publicly announce the results on November 14, 2012 (estimated cost is $2,000,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. Basket Bowtique, 116 3rd Avenue SE; b. Buffalo Wild Wings Grill & Bar #151, 11 Blairs Ferry Road NE; c. Cadets of St. George, 510 16th Avenue SE (5-day beer permit for an event on November 9, 2012 at St. Wenceslaus Church Gym); d. City Beat, 302 3rd Avenue SW; e. Dug Out, 3325 Center Point Road NE (new-formerly The Londoner); f. Eurest Dining Services at Aegon, 6400 C Street SW; g. Holiday Inn Express – 33rd Avenue, 3320 Southgate Court SW; h. Holiday Inn Express – Collins Road, 1230 Collins Road NE; i. Lancer Lanes, 3203 6th Street SW; j. Noodles & Company, 310 Collins Road NE; k. Oyama Sushi Japanese Steakhouse, 5350 Council Street NE; l. Teinda Mexican La Guanajuato, 3915 Center Point Road NE; m. White Star Ale House, 305 2nd Avenue SE. Abstain, Council member Gulick n. NewBo City Market, 100 3rd Street SE (new); Abstain, Council member Poe 1349-10-12, approving payment of bills. 1350-10-12, approving payment of payroll. 1351-10-12, approving transfer of funds. 1352-10-12, Intent to assess – Solid Waste & Recycling – clean-up costs – 5 properties. 1353-10-12, Intent to assess – Utilities – Water Division – delinquent municipal utility bills – 21 properties. 1354-10-12, Levy assessment – Utilities – Water Division – delinquent municipal utility bills – 17 properties. 1355-10-12, Levy assessment – Public Works – nuisance abatement charges – 1 property. 1356-10-12, accepting Storm sewer in Cottage Ridge Third Addition and approving 2year Maintenance Bond submitted by Connolly Construction, Inc. in the amount of $46,477.20. 1357-10-12, accepting Sanitary sewer in Cottage Ridge Third Addition and approving 2year Maintenance Bond submitted by Connolly Construction, Inc. in the amount of $44,804.15. 1358-10-12, accepting Portland Cement Concrete pavement in Cottage Ridge Third Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $55,000. 1359-10-12, accepting Portland Cement Concrete pavement in Cottage Ridge Third Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $18,000. 1360-10-12, accepting Squaw Creek Off Leash Dog Park project and authorizing issuance final payment in the amount of $7,817.38 to Gee Grading & Excavating, Inc. (original contract amount was $150,635.55; final contract amount is $156,347.55). 1361-10-12, accepting Morgan Creek Lift Station Improvements project and authorizing issuance of final payment in the amount of $124,334.70 to Knutson Construction Services Midwest Inc. (original contract amount was $2,608,000; final contract amount is $2,576,061.45). 1362-10-12, accepting Mohawk Park Water Service project and authorizing final payment in the amount of $2,944.53 to B.G. Brecke, Inc. (original contract amount was $35,000; final contract amount is $58,890.65) (FLOOD). 1363-10-12, accepting Cedar River Sanitary Sewer Crossing Stabilization project, final payment in the amount of $10,408.91 to Vieth Construction Corporation (original contract amount was $169,410; final contract amount is $208,178.23) (FLOOD). 1364-10-12, Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for 1215 M Street SW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1365-10-12, Development Agreement and Special Warranty Deed with Neighborhood Development Corporation of Cedar Rapids for 626 A Avenue NW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1366-10-12, Development Agreement and Special Warranty Deed with Neighborhood Development Corporation of Cedar Rapids for 630 A Avenue NW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1367-10-12, Development Agreement and Special Warranty Deed with Schissel, LLC for 400 5th Avenue SW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1368-10-12, Development Agreement and Special Warranty Deed with Schissel, LLC for 408 5th Avenue SW participating in the third round of the Single Family New Construction Program (SFNC) (FLOOD). 1369-10-12, authorizing the mailing and publication of a Notice of Intent to Proceed with an approved capital improvement project for 76th Avenue SW Improvements from Edgewood Road SW to east of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project and to commence with the acquisition of the agricultural property for this project and setting a public hearing date for November 13, 2012. 1370-10-12, authorizing approval of the Finance Department reorganization by eliminating three positions: Finance Operations Manager, General Accounting Manager and Budget Analyst II during Fiscal Year 2013. 1371-10-12, authorizing a 5.5% wage increase for the City Manager according to the terms of his employment contract. 1372-10-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for two properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). Abstain, Council member Olson. 1373-10-12, establishing criteria to permit property owners participating in LOST Rental Rehabilitation Program to transfer a participating property to a new property owner (FLOOD). 1374-10-12, establishing criteria to permit property owners participating in the Jumpstart Landlord Rental Rehabilitation Program to transfer a participating property to a new property owner (FLOOD). 1375-10-12, authorizing the abatement and demolition of five commercial parcels under the Community Development Block Grant Program (CDBG) (FLOOD). 1376-10-12, Amending Resolution No. 1400-09-12 correcting the contract amount from $2,306,088.78 to $2,305,818.78 with TS Sports for the Cedar Rapids Convention Complex Video Technology bid package. 1377-10-12, Change Order No. 4 in the amount of $5,777.68 with LL Pelling Company, Inc. for the 1st Avenue East (Iowa 922) from 21st Street NE to 27th Street NE Pavement Rehabilitation and Sanitary Sewer Replacement project (original contract amount was $1,361,619.50; total contract amount with this amendment is $1,447,588.36). 1378-10-12, Change Order No. 10 in the amount of $177,355 with Paulson Electric Company, Inc. for the Cedar Rapids Convention Complex Electrical Contract project (original contract amount was $8,437,635; total contract amount with this amendment is $9,139,757). 1379-10-12, Change Order No. 11 in the amount of $29,884 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,197,021). Abstain, Council member Swore. 1380-10-12, Change Order No. 9 in the amount of $227,732 with Modern Piping, Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,452,866). Abstain, Council member Swore. 1381-10-12, Change Order No. 1 deducting the amount of $349,930 with Knutson Construction Services, Inc. for the Cedar Rapids Convention Complex Parking Ramp & Skywalk project (original contract amount was $12,422,000; total contract amount with this amendment is $12,072,070). 1382-10-12, Change Order No. 1 deducting the amount of $10,000 with Kleiman Construction, Inc. for the Cedar Rapids Convention Complex Hotel – Interiors & Exterior Cladding (General) project (original contract amount was $9,717,221; total contract amount with this amendment is $9,707,221). 1383-10-12, Change Order No. 1 in the amount of $119,375 with Day Mechanical Systems, Inc. for the Cedar Rapids Convention Complex Hotel – Interiors & Exterior Cladding (Mechanical) project (original contract amount was $4,481,800; total contract amount with this amendment is $4,601,175). 1384-10-12, Change Order No. 2 deducting the amount of $134,200 with Nelson Electric Company, Inc. for the Cedar Rapids Convention Complex Hotel – Interiors & Exterior Cladding (Electrical) project (original contract amount was $3,106,550; total contract amount with this amendment is $3,217,850). Abstain, Council member Swore. 1385-10-12, Purchase Agreement in the amount of $1 and accepting an Easement for Bus Stop Pad for Linn County from land located at 1240 26th Avenue Court SW in connection with the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project. 1386-10-12, Warranty Deed for the consideration of $1 and other considerations from Green Development 12th Avenue LLC for right-of-way along 12th Avenue SE. 1387-10-12, Corrective Quit Claim Deed to Scallon Custom Homes, L.L.C. for the real property located at 1621 10th Street NW. 1388-10-12, Accepting bid in the amount of $16,466 from Jackson T. and Elizabeth A. Selk and approving a Quit Claim Deed for the disposition of 923 5th Avenue SW. 1389-10-12, Accepting bid in the amount of $12,100 from Covenant Properties, L.C. and approving a Quit Claim Deed for the disposition of 633 A Avenue NW. 1390-10-12, Expenditure of up to $25,000 to Interstate Power and Light Company in connection with the 3rd Street SE from 5th Avenue to 8th Avenue SE Rehabilitation project. 1391-10-12, Professional Services Agreement with Fox Engineering Associates, Inc. for an amount not to exceed $74,800 for the WPCF Alternative Grit Disposal Mechanism project. 1392-10-12, Payment of an amended Annual Economic Development Grant to Nordstrom.com from the amount of $770,031.04 to the amount of $148,795.89. 1393-10-12, Purchase of golf merchandise from Ping, for resale at the four golf course clubhouses for an amount not to exceed $35,000 which includes estimated freight charges for 2012. 1394-10-12, Agreement with the City of Marion to purchase fiber and a lease of space in the existing conduit for the Joint Communications Network project for an amount not to exceed $380,000. 1395-10-12, City-wide purchase of maintenance, repair and operations (MRO) supplies and equipment from W.W. Grainger, Inc. and Amendment No. 1 to renew the Agreement for the citywide Bin Stock Supply Program with W.W. Grainger, Inc. utilizing State of Iowa Master Agreement pricing for an estimated annual amount of $325,000. 1396-10-12, Contract for Convention Complex Hotel Guest Room Bedding project with Bray Whaler International on behalf of the Public Works Department - Engineering Division for an amount not to exceed $188,510.38. 1397-10-12, Contract for Convention Complex Hotel Guest Room Bedding project with Directline Hospitality on behalf of the Public Works Department - Engineering Division for an amount not to exceed $88,945. 1398-10-12, Contract for Convention Complex Hotel Guest Room Seating project with Bray Whaler International on behalf of the Public Works Department - Engineering Division for an amount not to exceed $137,163.25. 1399-10-12, Contract for Convention Complex Hotel Guest Room Seating project with Phelan’s Interiors on behalf of the Public Works Department - Engineering Division for an amount not to exceed $56,775.59. 1400-10-12, Contract for Convention Complex Hotel Guest Room Bath Fixtures project with Creo Hospitality on behalf of the Public Works Department - Engineering Division for an amount not to exceed $306,490.70. 1401-10-12, Contract for Convention Complex Hotel Guest Room Bath Fixtures project with IMC Framed Art & Mirror Company on behalf of the Public Works Department Engineering Division for an amount not to exceed $54,075. 1402-10-12, Contract for Convention Complex Hotel Guest Room Fabrications project with DI, LLC on behalf of the Public Works Department - Engineering Division for an amount not to exceed $192,385.04. 1403-10-12, Contract for Convention Complex Hotel Guest Room Casegoods project with Directline Hospitality on behalf of the Public Works Department - Engineering Division for an amount not to exceed $325,723. 1404-10-12, Contract for Convention Complex Hotel Guest Room Tables project with Wells Industries, LLC on behalf of the Public Works Department - Engineering Division for an amount not to exceed $39,044.70. 1405-10-12, Contract for Convention Complex Hotel Guest Room Lighting & Lamps project with Arkansas Lamp Manufacturing on behalf of the Public Works Department Engineering Division for an amount not to exceed $85,193.16. 1406-10-12, Rental Agreement with Koch Brothers for the rental of one Lanier digital copier for the Paramount Theatre. 1407-10-12, Memorandum of Understanding (MOU) with Linn County Gaming Association, Inc. and Cedar Rapids Development Group, LLC. 1408-10-12, Amendment No. 2 to the Professional Services Agreement with Ament, Inc. specifying an increased amount not to exceed $3,000 for surveying services in connection with the Paramount Theatre Flood Recovery & Renovation project (original contract amount was $23,806.68; total contract amount with this amendment is $26,806.68) (FLOOD). 1409-10-12, Amendment No. 2 to Agreement for Wayfinding Signage in City Hall for the City Manager’s Office with Letter Perfect for a total additional amount not to exceed $1,232.40 (original contract amount was $24,632.76, total contract amount with this amendment is $32,272.36) (FLOOD). 1410-10-12, Amendment No. 1 to renew Agreement for Electronic Plan Room Services for the Public Works Department – Engineering Division with Rapids Reproductions, Inc. for an amount not to exceed $150,000 (original contract amount was $148,214.51; renewal contract amount is $150,000) (FLOOD). 1411-10-12, Amendment No. 4 to Demolition Services for Flood Damaged Residential Structures project with Kelly Demolition, LLC in the amount of $192,975.06 as the final amendment for actual quantities and accepting project and Performance Bond and authorizing issuance of payment in the amount of $39,829.07 to Kelly Demolition, LLC for Flood Damaged Residential Structures project (original contract amount was $538,806.25; final contract amount is $796,581.31) (FLOOD). 1412-10-12, Amendment No. 3 to Environmental Remediation Services of Flood Damaged Commercial Structures project with Horsley Specialties, Inc. in the amount of $69,371.50 as the final amendment for actual quantities and accepting project and Performance Bond and authorizing issuance of payment in the amount of $54,423.09 (original contract amount was $621,830; final contract amount is $1,088,461) (FLOOD). 1413-10-12, Amendment No. 1 to Environmental Remediation Services of Flood Damaged Structure-Bus Garage project with ECCO Midwest, Inc. to reflect a discovery item in the amount of $3,472.04 and accepting project and Performance Bond (original contract amount was $26,960; final contract amount is $30,432.04) (FLOOD). 1414-10-12, Change Order No. 14 in the amount of $5,250 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,667,049) (FLOOD). Abstain, Council member Swore. 1415-10-12, Change Order No. 9 in the amount of $28,839 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $6,891,866) (FLOOD). Abstain, Council member Swore. 1416-10-12, Change Order No. 6 in the amount of $28,731 with Olympic Companies, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Historical Plaster and Paint Bid Bundle) project (original contract amount was $2,949,340; total contract amount with this amendment is $3,034,244) (FLOOD). 1417-10-12, Change Order No. 2 in the amount of $46,305 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase II project (original contract amount was $4,687,000; total contract amount with this amendment is $4,781,674) (FLOOD). 1418-10-12, Change Order No. 4 in the amount of $48,251 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase I project (original contract amount was $5,540,000; total contract amount with this amendment is $5,933,857) (FLOOD). 1419-10-12, Awarding and approving contract in the amount of $4,239,912, bond and insurance of Acme Electric Company, Inc. for the Cedar Rapids City Services Center - Bid Package 2 - Phase 2 Demolition, Sitework and New Building Construction (Electrical) project (estimated cost is $3,780,000) (FLOOD). 1420-10-12, Awarding and approving contract in the amount of $4,570,000, bond and insurance of Modern Piping, Inc. for the Cedar Rapids City Services Center - Bid Package 2 - Phase 2 Demolition, Sitework and New Building Construction (Mechanical and Plumbing) project (estimated cost is $4,150,000) (FLOOD). Abstain, Council member Swore. 1421-10-12, Awarding and approving contract in the amount of $489,000, bond and insurance of D.W. Zinser Company for the Cedar Rapids City Services Center - Bid Package 2 Phase 2 Demolition, Sitework and New Building Construction (Demolition & Abatement) project (estimated cost is $640,000) (FLOOD). 1422-10-12, Awarding and approving contract in the amount of $19,185,000, bond and insurance of Miron Construction Company, Inc. for the Cedar Rapids City Services Center - Bid Package 2 - Phase 2 Demolition, Sitework and New Building Construction (General Contractor) project (estimated cost is $18,300,000) (FLOOD). Abstain, Council member Swore. 1423-10-12, Special Warranty Deed with Green Development 12th Avenue, LLC for Cityowned property at 629 12th Avenue SE (FLOOD). Report on bids for the Cedar Rapids Animal Care & Control Building project (estimated cost is $3,400,000) (FLOOD). (Rob Davis) Portzen Construction, Inc., Dubuque, IA Base Bid Total Bid $3,790,000 $3,857,700 Woodruff Construction, LLC, Fort Dodge, IA Base Bid Total Bid $3,980,000 $3,980,000 Kleiman Construction, Inc., Cedar Rapids, IA Base Bid Total Bid $3,943,224 $4,008,644 Miron Construction Co., Inc., Cedar Rapids, IA Base Bid Total Bid $4,019,735 $4,056,167 Tricon General Construction, Cedar Rapids, IA Base Bid Total Bid Todd Hackett Construction Co., Muscatine, IA Base Bid Total Bid $4,090,000 $4,187,000 Garling Construction, Inc., Belle Plaine, IA $4,190,000 $4,291,000 Base Bid Total Bid $4,168,590 $4,234,965 Ordinance No. 061-12, being an Ordinance granting a change of zone for property at 1823 16th Avenue SW from C-3, Regional Commercial Zone District to I-1, Light Industrial Zone District as requested by Cindy Burke and The Dog House, Inc., was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 062-12, being an Ordinance granting a change of zone for properties at 2739, 2753 and 2757 1st Avenue SE; 117 and 121 28th Street Drive SE; and 2740 2nd Avenue SE from R-2, Single Family Residence Zone District and O-S, Office/Service Zone District to C2, Community Commercial Zone District and O-S, Office/Service Zone District as requested by Ahmann Properties, LLC., Suess Land & Cattle Co, LLC and Blake Mohasci, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 063-12, being an Ordinance amending Ordinance No. 13-95, Condition Nos. 5 and 6 as requested by Joe Ahmann, The Fountains, LLC and Transamerica Life Insurance Company, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 064-12, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, Subsection 32.04.030.A.47.ii.(B) to allow signage on large Wind Energy Conversion Systems, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Poe. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Coumcil members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned to meet Tuesday, October 23, 2012 at 4:00 p.m. Amy Stevenson, City Clerk Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Poe Abstain, Council member Swore Nay, Council member Gulick Nay, Council member Shey Nay, Council member Shields Nay, Council member Swore Nay, Council member Vernon MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA October 23, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney Jim Flitz. The invocation was given by Fire Chaplain Phil Saunders. Pledge of Allegiance. Mayor Corbett and Council member Karr presented a Proclamation to Jim Williams declaring November as SCORE Month. A presentation regarding the Cedar Rapids Kings Cricket Team was given by Siva Sattanathan. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider amending the Citizen Participation Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs by establishing annual City Council-adopted funding priorities for eligible activities. No comments or objections were heard or filed. 1424-10-12, amending the Citizen Participation Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs by establishing annual City Council-adopted funding priorities for eligible activities. A public hearing was held to consider a request for an Urban Revitalization Area designation by Pinnacle Engineering for expansion of an existing manufacturing facility at 1000 27th Avenue SW. No comments or objections were heard or filed. 1425-10-12, authorizing an Urban Revitalization Area designation by Pinnacle Engineering for expansion of an existing manufacturing facility at 1000 27th Avenue SW. Ordinance No. ________, being an Ordinance amending Chapter 17A of the Municipal Code, Revitalization Areas, establishing the Pinnacle Engineering Urban Revitalization Area designation at 1000 27th Avenue SW, was presented and read the first time. Council member Swore 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. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held determining an area to be an Economic Development Area and adopting the Urban Renewal Plan for the Fountains Urban Renewal Area. Comments and objections were heard. One written objection was filed. No comments were filed. 1426-10-12, determining an area to be an Economic Development Area and adopting the Urban Renewal Plan for the Fountains Urban Renewal Area. A public hearing was held to consider an ordinance relating to collection of tax increment within the proposed Fountains Urban Renewal Area located at 5100 Edgewood Road NE. No comments or objections were heard. One written objection was filed. No comments were filed. Ordinance No. ________, being an Ordinance relating to collection of tax increment within the proposed Fountains Urban Renewal Area located at 5100 Edgewood Road NE, was presented and read the first time. Council member Swore 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 Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Shey, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a proposed Amendment No. 7 to the Amended and Restated Central Business Urban Renewal Area Plan. Comments were heard. No objections were heard. No written comments or objections were filed. 1427-10-12, approving Amendment No. 7 to the Amended and Restated Central Business Urban Renewal Area Plan. A public hearing was held to consider amending the Future Land Use Map in the City’s Comprehensive Plan from Low Density Residential to Commercial and to consider a change of zone for property west of Highway 100 and north of North Property Lane SE from R-1, Single Family Residence Zone District and C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by the Indian Creek Nature Center and Larson Enterprises. Comments were heard. No objections were heard or filed. Written letters of support were filed. 1428-10-12, amending the Future Land Use Map in the City’s Comprehensive Plan from Low Density Residential to Commercial for property west of Highway 100 and north of North Property Lane SE as requested by the Indian Creek Nature Center. Nays, Council members Shields, Vernon and Mayor Corbett. Abstain, Council member Olson. Ordinance No. ________, being an Ordinance granting a change of zone for property west of Highway 100 and north of North Property Lane SE from R-1, Single Family Residence Zone District and C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by the Indian Creek Nature Center and Larson Enterprises, was presented and read the first time. Council member Gulick 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 Swore. Approved, Ayes, Council members Gulick, Karr, Poe, Shey and Swore. Nays, Council members Shields, Vernon and Mayor Corbett. Abstain, Council member Olson. A public hearing was held to consider a change of zone for property north of A Avenue between 7th Street and 8th Street NE from O-S, Office/Service Zone District to C-3, Regional Commercial Zone District as requested by the University of Iowa Community Credit Union and Council 909 Knights of Columbus. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property north of A Avenue between 7th Street and 8th Street NE from O-S, Office/Service Zone District to C-3, Regional Commercial Zone District as requested by the University of Iowa Community Credit Union and Council 909 Knights of Columbus, was presented and read the first time. Council member Gulick 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 Swore. Approved, Ayes, Council members Gulick, Olson, Shey, Shields and Swore. Nays, Council members Karr, Vernon and Mayor Corbett. Council member Poe was absent for this vote. A public hearing was held to consider a change of zone for property at the southeast corner of 11th Avenue and 2nd Street SE from RMF-2, Multiple Family Residence Zone District to C-3, Regional Commercial Zone District as requested by Legion Arts, Inc. and Jelinek Companies, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at the southeast corner of 11th Avenue and 2nd Street SE from RMF-2, Multiple Family Residence Zone District to C-3, Regional Commercial Zone District as requested by Legion Arts, Inc. and Jelinek Companies, LLC, was presented and read the first time. Council member 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 Karr. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Gulick. A public hearing will be held to consider a change of zone for property at 116 16th Avenue SW from C-3, Regional Commercial Zone District to RMF-1, Multiple Family Residence Zone District as requested by Knapp-Warden, LLC and Bob Schaffer. No comments or objections were heard or filed. Ordinance No. 065-12, being an Ordinance granting a change of zone for property at th 116 16 Avenue SW from C-3, Regional Commercial Zone District to RMF-1, Multiple Family Residence Zone District as requested by Knapp-Warden, LLC and Bob Schaffer, was presented and read the second time. Council member Olson moved the approval of the Ordinance on its second reading; seconded by Council member Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 115 16th Avenue SW from C-3, Regional Commercial Zone District to RMF-2, Multiple Family Residence Zone District as requested by Knapp-Warden, LLC and Bob Schaffer. No comments or objections were heard or filed. Ordinance No. 066-12, being an Ordinance granting a change of zone for property at th 115 16 Avenue SW from C-3, Regional Commercial Zone District to RMF-2, Multiple Family Residence Zone District as requested by Knapp-Warden, LLC and Bob Schaffer, was presented and read the second time. Council member Karr moved the approval of the Ordinance on its second reading; seconded by Council member Poe. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Karr. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to change the approval process of site development plans. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending 32 of the Municipal Code, the Zoning Ordinance, to change the approval process of site development plans, was presented and read the first time. Council member Vernon 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 Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the vacation of public ways and grounds in and to the property described as a 19 square-foot parcel of right-of-way located at the northwesterly right-of-way line of 4th Avenue SE and between 1st Street SE and 2nd Street SE as requested by the City of City Rapids in connection with the Paramount Theatre Flood Recovery project. No comments or objections were heard or filed. Ordinance No. 067-12, being an Ordinance vacating public ways and grounds in and to the property described as a 19 square-foot parcel of right-of-way located at the northwesterly right-of-way line of 4th Avenue SE and between 1st Street SE and 2nd Street SE as requested by the City of Cedar Rapids in connection with the Paramount Theatre Flood Recovery project, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. 1429-10-12, accepting the Vacation Exhibit in connection with the vacated right-of-way as requested by the City of Cedar Rapids. A public hearing was held to consider the disposition of property and related actions for the flood-recovery renovation of the Paramount Theatre and use of federal historic tax credits. No comments or objections were heard or filed. 1430-10-12, authorizing the disposition by agreement and appropriate deed, of the Paramount Theatre to Paramount Theatre Manager, LLC, a limited liability company wholly owned and governed by the City of Cedar Rapids relating to the flood-recovery renovation of the Paramount Theatre and use of federal historic tax credits. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the WPCF Roughing Filter #1 Dome Replacement and Concrete Repair project (estimated cost is $1,975,000). No comments or objections were heard or filed. 1431-10-12, adopting plans, specifications, form of contract and estimated cost for the WPCF Roughing Filter #1 Dome Replacement and Concrete Repair project. Council members Gulick and Karr were absent for this vote. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Cedar Rapids Water Pollution Control Facility, Permanent Flood Repairs Package 2 – Solids Handling/Pumping project (estimated cost is $2,000,000). No comments or objections were heard or filed. 1432-10-12, adopting plans, specifications, form of contract and estimated cost for the Cedar Rapids Water Pollution Control Facility, Permanent Flood Repairs Package 2 – Solids Handling/Pumping project (FLOOD). Council members Gulick and Karr were absent for this vote. Public comments were heard. Council member Vernon moved to approve the Agenda; seconded by Council member Poe. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Poe. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. November 13, 2012 – to consider disposition of City-owned property at 1016 2nd Street SW, 1100 K Street SW, 1104 K Street SW, 1108 K Street SW and 1116 K Street SW and inviting competitive proposals for the redevelopment of this real property in the Consolidated Central Urban Renewal Area and acquired through the City’s Voluntary Property Acquisition Program (FLOOD). b. November 13, 2012 – to consider disposition of City-owned property at 415 and 419 2nd Street SW and 116 5th Avenue SW in the Voluntary Property Acquisition Program and inviting competitive proposals from any persons interested in undertaking to acquire this real property, as allowed by the urban renewal plan and the 100-year floodplain regulations (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 13, 2012 and advertising for bids by publishing notice to bidders for the E Avenue and F Avenue Bridges over Cedar River, Bridge Rehabilitation project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on November 14, 2012 (estimated cost is $316,000). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. Cedar Rapids Galaxy 16 Cine’, 5340 Council Street NE; Chili’s Southwest Grill, 1250 Collins Road NE; Chuck E. Cheese #956, 170 Collins Road NE; Creative Croissants, 2121 Arthur Collins Parkway SW; Daniel Arthurs, 821 3rd Avenue SE; Eastern Iowa Arts Academy, 616 A Avenue NE (5-day Special Class C for an event on November 9, 2012 at the Scottish Rite Temple); Fareway Store #963, 4220 16th Avenue SW; Granite City Food & Brewery, 4755 1st Avenue SE; Hy-Vee Drug Store #3, 2405 Mt. Vernon Road SE; Hy-Vee Drug Store #4, 4825 Johnson Avenue NW; Hy-Vee Food Store #1, 1843 Johnson Avenue NW; Liquid Lounge Downtown, 303 2nd Avenue SE, Suite #2 (new-lower level Witwer Building); Metro Buffet, 448 33rd Avenue SW; Paramount Theatre & Opus Café, 119 and 123 3rd Avenue SE (new-Flood); Primetime Sports Bar, 4001 Center Point Road NE; Stadium Lounge Bar & Grill, 957 Rockford Road SW (new-change in ownership); Taste of India, 1060 Old Marion Road NE, Suite #E; Thai Moon, 4362 16th Avenue SW; Tornados Tournament Room, 315 14th Avenue SE; Vernon Bar & Grill, 3025 Mt. Vernon Road SE. 1433-10-12, approving payment of bills. 1434-10-12, approving payment of payroll. 1435-10-12, approving the special event application for the Holiday DeLight Parade event (includes road closures) on December 1, 2012. 1436-10-12, granting 12 ambulance vehicle licenses to Area Ambulance Service at 2730 12th Street SW. 1437-10-12, intent to assess for delinquent municipal utility bills at 28 properties. 1438-10-12, levy assessment for delinquent municipal utility bills at 14 properties. 1439-10-12, accepting Wilson Avenue SW Arlington Street to Stoney Point Road PCC Pavement-Grade and New project, approving Performance Bond and authorizing issuance of final payment in the amount of $30,000 to Metro Pavers, Inc. (original contract amount was $1,110,614.08; final contract amount is $1,116,679.37). 1440-10-12, accepting 2012 Miscellaneous Storm Sewer Extensions project with Connolly Construction, Inc. (original contract amount was $45,140.50; final contract amount is $40,473.83). 1441-10-12, accepting work and fixing amount to be assessed for the Wilson Avenue SW from Arlington Street to Stoney Point Road PCC Pavement-Grade and New project. 1442-10-12, rescinding Resolution No. 990-5-01 which established school crosswalks on the north and west approaches of the Golf Street NE and 42nd Street NE intersection and now establishing school crosswalks on the east and south approaches of the Golf Street NE and 42nd Street NE intersection. 1443-10-12, partially rescinding Resolution No. 1619-8-79 which established “No Parking Anytime on both sides of 1st Avenue East between 11th Street and 12th Street” and now establishing “1-Hour Parking 8 AM to 5 PM” on the south side of 1st Avenue East from the east line of the vacated 11th Street SE right-of-way extending 95 feet to the east, with the remainder of the block from the east end of the 1-Hour Parking to 12th Street SE remaining a “No Parking Anytime” zone. 1444-10-12, partially rescinding Resolution No. 2583-11-03 which established “One Hour Parking, 8:00 AM to 5:00 PM except Sunday and Holidays on the north side of 2nd Avenue SE between 7th Street and 8th Street” and now establishing a “No Parking Anytime” zone in the same area to improve traffic flow and safety. 1445-10-12, partially rescinding Resolution No. D-3325 and Resolution No. 692-6-59 which established 2nd Avenue SE from 19th Street SE to 12th Street SW as a one-way street and now establishing 2nd Avenue SE between 7th Street SE and 10th Street SE as a two-way traffic street. 1446-10-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for two properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1447-10-12, authorizing a Cedar Rapids Firefighter to attend Disaster Medical Specialist training in College Station, TX for a total amount of $4,550. 1448-10-12, authorizing approval of the Parks and Recreation Department reorganization by eliminating three positions: Recreation Maintenance Repair Worker I, Inventory Control Specialist and Events Coordinator. 1449-10-12, adopting the updated Construction Study Area based on construction of the amphitheater levee between 3rd Avenue and 6th Avenue SE (FLOOD). 1450-10-12, Amendment No. 5 to the Professional Services Agreement with Foth Infrastructure and Environment, LLC specifying an increased amount not to exceed $20,201 for professional design and construction administration services in connection with the 2nd Street SE from 5th Avenue SE to 8th Avenue SE and Federal Courthouse Public Infrastructure Improvements project (original contract amount was $210,864; total contract amount with this amendment is $319,990). 1451-10-12, Amendment No. 1 to the Professional Services Agreement with Frew Development Group specifying an increased amount not to exceed $174,980 for Construction Management Services in connection with the Cedar Rapids Convention Complex Parking Ramp and Skywalk project (original contract amount was $250,000; total contract amount with this amendment is $424,980). 1452-10-12, Amendment No. 2 to renew Agreement for Yard Waste Carts with Rehrig Pacific Company for the Solid Waste & Recycling Division for an estimated annual amount of $75,000 (original contract amount was $75,000; renewal contract amount is $75,000). 1453-10-12, Amendment No. 3 to the RACM Demolition Services for 235 27th Street NW project with Kelly Demolition, LLC in the amount of $10,881.68 as the final amendment for actual quantities (original contract amount was $28,570.50; final contract amount is $39,452.18). 1454-10-12, Amendment No. 3 to renew Agreement for Printing and High Speed Copying with Copyworks for an estimated amount of $100,000 (original contract amount was $100,000; renewal contract amount is $100,000). 1455-10-12, Change Order No. 10 in the amount of $56,752.15 with Peterson Contractors, Inc. for the 1st Avenue (IA 922/US BUS 151) Marion Boulevard & Collins Road, PCC Pavement Widening with HMA Resurfacing project (original contract amount was $7,611,700.36; total contract amount with this amendment is $8,823,277.21). 1456-10-12, Iowa Homeland Security and Emergency Management Division (IHSEMD) Grant Agreement on behalf of Iowa’s WMD-Tactical Task Force in the amount of $53,124. 1457-10-12, Iowa Homeland Security and Emergency Management Division (IHSEMD) Grant Agreement on behalf of Iowa’s WMD-Explosive Ordinance Disposal Task Force in the amount of $245,000. 1458-10-12, Purchase of rock salt from Cargill, Incorporated – Deicing Technology for an amount not to exceed $672,864 for a maximum purchase of 9,600 tons of rock salt for winter snow and ice control. 1459-10-12, Purchase Agreement in the amount of $790 and accepting an Easement for Utility and Access and a Temporary Grading Easement for Construction from Maria G. Torres and Eleazar Ramirez from land located at 1211 19th Avenue SW in connection with the FY 2012 Sanitary Sewer Improvements – Reconstruction Package #3 project. 1460-10-12, execution of a Real Estate Contract in the amount of $1,500,000 with Thomas and Peggy Jo Knutson for real properties located at 525 and 533 H Street SW required for the Cedar Rapids Riverfront Amphitheater and Festival Park project. 1461-10-12, Warranty Deed from EWF, LLC, an Iowa limited liability company and KG STORE 517, L.L.C., an Iowa limited liability company, for the consideration of $1 and other valuable consideration for right-of-way and accepting two Easement for Utilities, a Concrete Pavement Petition and Assessment Agreement, an Agreement for Driveway Modifications and an Agreement for Private Storm Water Detention for land located at 3132 1st Avenue NE in connection with the Kum and Go building construction. 1462-10-12, Establishing right-of-way on City-owned property located at 600 3rd Street NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1463-10-12, Establishing right-of-way on City-owned property located at 602 4th Street NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1464-10-12, Establishing right-of-way on City-owned property located at 604 4th Street NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1465-10-12, Establishing right-of-way on City-owned property located at 605 4th Street NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1466-10-12, Establishing right-of-way on City-owned property located at 306 B Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1467-10-12, Establishing right-of-way on City-owned property located at 310 B Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1468-10-12, Establishing right-of-way on City-owned property located at 301 E Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1469-10-12, Establishing right-of-way on City-owned property located at 315 E Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1470-10-12, Establishing right-of-way on City-owned property located at 331 E Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1471-10-12, Establishing right-of-way on City-owned property located at 405 E Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1472-10-12, Establishing right-of-way on City-owned property located at 133 F Avenue NW and accepting an Amendment to Agreement for Covenants and Restrictions in connection with the E Avenue NW – Phase I Ellis Blvd to 3rd Street Storm Sewer, Water Main, Sidewalk and Street Improvement project. 1473-10-12, Fleet Services purchase of one used aerial bucket truck from Altec-Nueco in the amount of $110,500. 1474-10-12, Supplier Agreement between the City’s Convention Complex Manager, Doubletree Management, LLC (“Hilton”) and Bottling Group, LLC (“Pepsi”) for a term of seven years with a first annual payment of $50,000. 1475-10-12, Purchase of property insurance from Fireman’s Fund in the amount of $421,757. 1476-10-12, Purchase of boiler and machinery insurance from Traveler’s in the amount of $48,328. 1477-10-12, Adopting annual funding priorities for eligible activities for the Community Development Block Grant (CDBG) for the Fiscal Year 2013 program year. 1478-10-12, Execution of a Permanent Stairway Easement Agreement with SA Roosevelt Limited Partnership at 200 First Avenue NE. 1479-10-12, Amendment No. 3 to extend the Community Development Block Grant (CDBG) Contract Agreement to August 21, 2013 and approving execution of Amendment No. 4 which reduces the Community Development Block Grant (CDBG) award amount $500,000 for an adjusted award of $1,227,879 for the 25% local match for the voluntary acquisition of properties in the Greenway area participating in the Hazard Mitigation Grant program (HMGP) (FLOOD). 1480-10-12, Amendment No. 8 to the Professional Services Agreement with Ryan Companies US allowing for up to $450,000 of the previously approved total fee to be allocated to legal and accounting services to secure State and Federal tax credits in connection with the Paramount Theatre Flood Recovery project (FLOOD). 1481-10-12, Amendment Nos. 2 and 3 to Environmental Remediation Services for Flood Damaged Residential Structures project with Horsley Specialties, Inc. to identify property addresses, reflect the difference between the estimated quantities and actual quantities and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $45,559.51 to Horsley Specialties, Inc. (original contract amount was $519,620; final contract amount is $911,190.58) (FLOOD). 1482-10-12, Amendment No. 4 to Demolition Services for Flood Damaged Commercial Structures project with D.W. Zinser Company to reflect the difference between the estimated quantities and actual quantities and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $20,128.95 to D.W. Zinser Company (original contract amount was $499,180; final contract amount is $402,578.65) (FLOOD). 1483-10-12, Amendment No. 4 to Demolition Services for Flood Damaged Commercial Structures project with Kelly Demolition, LLC in the amount of $173,746.60 as the final amendment for actual quantities and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $18,700.39 to Kelly Demolition, (original contract amount was $184,709.50; final contract amount is $374,008.10) (FLOOD). 1484-10-12, Change Order No. 8 in the amount of $8,816 with Nelson Electric Company for the Paramount Theatre Flood Recovery and Renovation Bid Package 2 (Electrical Bid Bundle) project (original contract amount was $2,714,000; total contract amount with this amendment is $2,841,799.42) (FLOOD). Abstain, Council member Swore. 1485-10-12, Professional Services Agreement with Snyder & Associates, Inc. for an amount not to exceed $23,500 for design services in connection with the SW Quadrant, Sanitary Sewer Field Survey project (FLOOD). 1486-10-12, Awarding and approving contract in the amount of $3,815,500, bond and insurance of Portzen Construction, Inc. for the Cedar Rapids Animal Care & Control Building project (estimated cost is $3,400,000) (FLOOD). 1487-10-12, Paramount Theatre purchase of maintenance, repair and operation (MRO) supplies and equipment from W.W. Grainger, Inc. in the amount of $55,056.41 (FLOOD). 1488-10-12, Rescinding Resolution No. 0694-05-12 terminating the Agreement with Allied/Republic Upper Rock Island County Landfill as a landfill for the repository of biosolids waste generated at the Water Pollution Control Facility (FLOOD). Report on bids for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project (estimated cost is $105,000). (Steve Hershner) Topp’s Mechanical, Inc. Tecumseh, NE $129,606.16 1489-10-12, rejecting the bid from Topp’s Mechanical, Inc. for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project due to an irregularity in the Bid Bond. Report on bids for the 2012 Roof Replacement Solids Dewatering & Incinerator Bldg. and Operations Building project (estimated cost is $240,000). (Steve Hershner) Advance Builders Corp Jim Giese Commercial Roofing Cedar Rapids, IA Dubuque, IA $532,000 $717,500 1490-10-12, Resolution awarding and approving contract in the amount of $532,000, bond and insurance to Advance Builders Corp for the 2012 Roof Replacement Solids Dewatering & Incinerator Bldg. and Operations Building project. CIP/DID #615190-02 Report on bids for the WPC Lenel and Security Camera Upgrades project (estimated cost is $350,000). (Steve Hershner) Price Industrial Electric, Inc. Stanley Security Solutions, Inc. Hiawatha, IA Lisle, IL $585,000 $949,000 1491-10-12, awarding and approving contract in the amount of $585,000, bond and insurance of Price Industrial Electric, Inc. for the WPC Lenel and Security Camera Upgrades project. Report on bids for the Horizontal Collector Wells Architectural Repairs and Flood Mitigation Project (estimated cost is $690,000). (Steve Hershner) WRH, Inc. Amana, IA $765,500 1492-10-12, awarding and approving contract in the amount of $765,500, bond and insurance of WRH, Inc. for the Horizontal Collector Wells Architectural Repairs and Flood Mitigation Project (FLOOD). Discussion regarding Item Number 39: Vern Zakostelecky 1493-10-12, approving a Preliminary Site Development Plan for property at 5100 Edgewood Road NE zoned C-2, Community Commercial Zone District as requested by Ahmann Properties, LLC and Transamerica Life Insurance Company. At 7:20 p.m. Council member Gulick moved to recess and reconvene in the Chambers Conference Room to meet in closed session to discuss collective bargaining negotiations; seconded by Council member Vernon. Council was polled. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon, and Mayor Corbett. Motion carried. Council member Shields moved to come out of closed session; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. City Council returned to open session and adjourned at 7:40 p.m. to meet Tuesday, November 13, 2012 at 12 noon. Alissa Kaiser, Deputy City Clerk Nay, Council member Karr Nay, Council member Shields Nay, Council member Vernon Nay, Mayor Corbett Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA November 13, 2012, 12 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney Jim Flitz. Absent, Council member Shey. The invocation was given by Police Chaplain Pat Rieck. Pledge of Allegiance. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the continuation of a previously-approved public improvement project and on the acquisition or condemnation of agricultural properties and property interests not yet acquired for the 76th Avenue SW Improvements from Edgewood Road SW to east of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project. One comment was heard. No written comments or objections were filed. 1494-11-12, to continue a previously-approved public improvement project and to proceed with the acquisition or condemnation of agricultural properties and property interests not yet acquired for the 76th Avenue SW Improvements from Edgewood Road SW to east of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project. A public hearing was scheduled to consider disposition of City-owned property at 1016 nd 2 Street SW, 1100 K Street SW, 1104 K Street SW, 1108 K Street SW and 1116 K Street SW and inviting competitive proposals for the redevelopment of this real property in the Consolidated Central Urban Renewal Area and acquired through the City’s Voluntary Property Acquisition Program (FLOOD). The public hearing was cancelled at the request of the applicant. A public hearing was held to consider the disposition of City-owned property at 415 and 419 2nd Street SW and 116 5th Avenue SW in the Voluntary Property Acquisition Program and inviting competitive proposals from any persons interested in undertaking to acquire this real property, as allowed by the urban renewal plan and the 100-year floodplain regulations (FLOOD). No comments or objections were heard or filed. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the E Avenue and F Avenue Bridges over Cedar River, Bridge Rehabilitation project (estimated cost is $316,000). No comments or objections were heard or filed. 1495-11-12, adopting plans, specifications, form of contract and estimated cost for the E Avenue and F Avenue Bridges over Cedar River, Bridge Rehabilitation project. Public comments were heard. Motion to waive 24 hour rule and amend the Agenda to include Item Number 6l (Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 27, 2012, and advertising for bids by publishing notice to bidders for the Veterans Memorial Stadium Scoreboard Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on December 5, 2012 (estimated cost is $500,000)). Council member Vernon moved to approve the Agenda; seconded by Council member Karr. Council member Gulick requested Item Number 20 (Resolution establishing the times and dates of regularly scheduled City Council meetings to be held in calendar year 2013.) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Vernon moved to approve the Consent Agenda; seconded by Council member Karr. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. November 27, 2012 – to consider the vacation of a 20-foot sanitary sewer access easement located at 4116 and 4208 Pro Farmer Road SW as requested by Champion Innovations, Inc. b. November 27, 2012 – to consider the disposition of 32 City-owned properties for the Cedar Rapids Rose Homes 2 project as requested by Hatch Development Group, LLC. c. November 27, 2012 – to consider a change of zone for property at 4601 6th Street SW from I-1, Light Industrial Zone District to C-3, Regional Commercial Zone District as requested by Mary Oakley and M & M Rental Property, LLC. d. November 27, 2012 – to consider a change of zone for property at 1430 2nd Avenue SE from O-S, Office/Service Zone District to RMF-2, Multiple Family Residence Zone District as requested by WDJ Investments, LLC. e. November 27, 2012 – to consider a change of zone for property at 2300 and 2316 Bowling Street SW from R-2, Single Family Residence Zone District and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. f/k/a Hy-Vee Food Stores, Inc. and James J. Novak. f. November 27, 2012 – to consider a change of zone for property at 895 Camburn Court SE from C-2, Community Commercial Zone District to RMF-2/PUD-O, Multiple Family Residence Zone District/Planned Unit Development Overlay District as requested by Nick Allendorf and Barbara J. Painter. g. November 27, 2012 – to consider the disposition of City-owned properties at 1020 and 1028 3rd Street SE (former Brosh site) for redevelopment and inviting competitive proposals from any persons interested in acquiring this real property (FLOOD). h. November 27, 2012 – to consider the disposition of City-owned property at 1424 B Avenue NE (former Fire Station No. 3) for redevelopment and inviting competitive proposals from any persons interested in acquiring this real property (FLOOD). i. November 27, 2012 – to consider the disposition of four City-owned commercial properties within the eligible 3rd Avenue SW Historic District at 102, 120, 207, and 222 3rd Avenue SW and inviting competitive proposals from any persons interested in acquisition and redevelopment of these properties (FLOOD). j. December 4, 2012 – to consider amending Chapter 72 of the Municipal Code, Stormwater Management Ordinance, designating the Cedar Rapids city limits as a stormwater drainage system district within the meaning and intent of, and for the purpose authorized by 384.84 of the Code of Iowa. k. December 18, 2012 – to consider a request for an Urban Revitalization Area designation for expansion of the existing AMTek Microwaves manufacturing facility located at 4115 Thomas Drive SW. l. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 27, 2012, and advertising for bids by publishing notice to bidders for the Veterans Memorial Stadium Scoreboard Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on December 5, 2012 (estimated cost is $500,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 27, 2012 and advertising for bids by publishing notice to bidders for the Horizontal Collector Well #6 Powerline Installation project and authorizing the Interim Utilities Director, or designee, to receive and open bids and publicly announce the results on December 12, 2012 (estimated cost is $110,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 27, 2012 and advertising for bids by publishing notice to bidders for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project and authorizing the Interim Utilities Director, or designee, to receive and open bids and publicly announce the results on December 5, 2012 (estimated cost is $105,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 27, 2012 and advertising for bids by publishing notice to bidders for the Sanitary Sewers Quadrant Flood Repair Lining Package #3 – 2012 project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on December 5, 2012 (estimated cost is $900,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. Aldi #61, 5425 Blairs Forest Boulevard NE; Aldi #62, 1860 Edgewood Road SW; Hawthorn Suites by Wyndham, 4444 Czech Lane NE; Hy-Vee C Store #5, 1440 32nd Street NE (new - Class C - beer/wine); Hy-Vee Food Store #2, 279 Collins Road NE; LJ’s Catering, 700 16th Street NE (new - Class C - Commercial at Shores Event Center); g. Mahoney’s CR, 1602 E Avenue NE; h. Phelan’s Interiors, 728 3rd Avenue SE (new - Special Class C - beer/wine); i. Point Liquor & Tobacco, 4107 Center Point Road NE (new - adding liquor to tobacco business); j. Vito’s on 42nd, 4100 River Ridge Drive NE; k. Willy Woodburn’s Café, 232 16th Avenue SW. 1496-11-12, approving payment of bills. 1497-11-12, approving payment of payroll. 1498-11-12, approving transfer of funds. 1499-11-12, Vote of thanks to Martha Hauerwas for serving on the Housing Code Board of Appeals. 1500-11-12, Vote of thanks to Hana Hassan for serving on the Resident Advisory Board. 1501-11-12, approving a charter of the Section 8 Housing Choice Voucher (HCV) Program Resident Advisory Board. 1502-11-12, approving the special event application for the Old Prague Christmas Market event (includes road closures) on November 30, 2012 and December 1, 2012. 1503-11-12, Intent to assess – Solid Waste & Recycling – clean-up costs – 2 properties. 1504-11-12, Levy assessment – Solid Waste & Recycling – clean-up costs – 4 properties. 1505-11-12, Intent to assess – Utilities - Water Division – delinquent municipal utility bills – 30 properties. 1506-11-12, Levy assessment – Utilities - Water Division – delinquent municipal utility bills – 13 properties. 1507-11-12, Levy assessment – Utilities - Water Division – delinquent municipal utility bills – 12 properties. 1508-11-12, accepting Sanitary sewer in Hawks Point Third Addition and approving 2year Maintenance Bond submitted by Borst Brothers Construction, Inc. in the amount of $79,630. 1509-11-12, accepting Storm sewer in Hawks Point Third Addition and approving 2-year Maintenance Bond submitted by Borst Brothers Construction, Inc. in the amount of $127,871. 1510-11-12, accepting Portland Cement Concrete pavement in Hawks Point Third Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $60,000. 1511-11-12, accepting Sanitary sewer in Hawks Point Fourth Addition – Phase 1 and approving 2-year Maintenance Bond submitted by Borst Brothers Construction, Inc. in the amount of $35,741. 1512-11-12, accepting Storm Sewer in Hawks Point Fourth Addition – Phase 1 and approving 2-year Maintenance Bond submitted by Borst Brothers Construction, Inc. in the amount of $37,468. 1513-11-12, accepting Portland Cement Concrete pavement in Hawks Point Fourth Addition – Phase 1 and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $50,000. 1514-11-12, accepting Sanitary sewer in Hawks Point Fourth Addition – Phase 2 and approving 2-year Maintenance Bond submitted by Borst Brothers Construction, Inc. in the amount of $31,403. 1515-11-12, accepting Storm sewer in Hawks Point Fourth Addition – Phase 2 and approving 2-year Maintenance Bond submitted by Borst Brothers Construction, Inc. in the amount of $50,063. 1516-11-12, accepting Portland Cement Concrete pavement in Hawks Point Fourth Addition – Phase 2 and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $32,000. 1517-11-12, accepting FY 2011 Sidewalk Repair & Ramp Program, Contract No. 2 project, Change Order No. 5 deducting the amount of $5,075.90, approving Performance Bond and authorizing issuance of final payment in the amount $7,015.03 to Eastern Iowa Excavating & Concrete, LLC (original contract amount was $123,192.50; final contract amount is $140,300.56). 1518-11-12, accepting FY 2013 Hydroseeding project with Eastern Iowa Excavating & Concrete, LLC and approving Performance Bond (original contract amount was $14,775; final contract amount is $14,775). 1519-11-12, accepting Terry Drive SE West of 34th Street Sanitary Sewer Replacement project with BWC Excavating, L.C. and approving Performance Bond (original contract amount was $43,737; final contract amount is $46,661.79). Abstain, Council member Gulick. 1520-11-12, accepting 1st Avenue East from Cedar River to 17th Street East HMA Crack and Joint Cleaning and Sealing project with Illowa Investment, Inc. and approving Performance Bond (original contract amount was $54,826; final contract amount is $57,416.01). 1521-11-12, Development Agreement and Special Warranty Deed with Premiere Developers, Inc. for property at 706 G Avenue NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1522-11-12, Development Agreement and Special Warranty Deed with Skogman Construction Company of Iowa for property at 1034 8th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1523-11-12, Development Agreement and Special Warranty Deed with Premiere Developers, Inc. for property at 1105 9th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1524-11-12, Development Agreement and Special Warranty Deed with Skogman Construction Company of Iowa for property at 1233 10th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1525-11-12, Development Agreement and Special Warranty Deed with Skogman Construction Company of Iowa for property at 1820 C Street SW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1526-11-12, authorizing the Cedar Rapids Civil Rights Commission to hire an additional staff person for 6 months for an amount not to exceed $40,000. 1527-11-12, establishing “No Parking 7 AM – 4 PM, Except Saturdays, Sundays, and Holidays” on the west side of 2nd Street SW from Wilson Avenue SW southerly for a distance of 85 feet (to the Wilson Middle School parking lot access). 1528-11-12, establishing a permanent utility, traffic signal and sidewalk easement on City-owned property located on the south side of 8th Avenue SE from the Cedar River Bridge to 2nd Street SE in connection with the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project. 1529-11-12, adopting and levying final schedule of assessments and providing for the payment thereof for the Wilson Avenue SW from Arlington Street to Stoney Point Road PCC Pavement – Grade and New project. 1530-11-12, acknowledging the boundaries of the 3rd Avenue SW Commercial Historic District (FLOOD). Abstain, Council member Poe. 1531-11-12, acknowledging the boundaries of the federally recognized Bohemian Commercial Historic District (FLOOD). Abstain, Council member Poe. 1532-11-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for one property in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1533-11-12, rejecting bids for the Veterans Memorial Phase III project (estimated cost is $4,500,000) and filing plans, specifications, form of contract, estimated cost, setting a public hearing date for November 27, 2012 and advertising for bids by publishing notice to bidders for the Veterans Memorial Phase III project and authorizing the Veterans Memorial Director, or designee, to receive and open bids and publicly announce the results on December 19, 2012 (estimated cost is $5,300,000) (FLOOD). 1534-11-12, Amendment No. 5 to the Standard Agreement with Alt Architecture and Research Associates for an increased amount of $808.89 for architectural/engineering services in connection with the May’s Island Maintenance Package project (original contract amount was $2,896,000; total contract amount with this amendment is $4,077,523.17). 1535-11-12, Amendment No. 3 to the Professional Services Agreement with Foth Infrastructure and Environment, LLC specifying an increased amount not to exceed $30,425 and a release of contingency of $39,575 for interim locating services in connection with the Joint Communications Network Group 1 Construction Administration and Observation project (original contract amount was $405,179; total contract amount with this amendment is $475,179). 1536-11-12, Amendment No. 2 to the Professional Services Agreement with Foth Infrastructure and Environment, LLC specifying an increased amount not to exceed $14,665 and a release of contingency of $20,335 for interim locating services in connection with the Joint Communications Network EDA Group 2 Construction Administration and Observation project (original contract amount was $208,783; total contract amount with this amendment is $243,783). 1537-11-12, Amendment No. 2 to the Professional Services Agreement with Ament, Inc. specifying an increased amount not to exceed $5,553 for design services in connection with the 18th Street SW Culvert Replacement project (original contract amount was $56,650; total contract amount with this amendment is $62,203). 1538-11-12, Amendment No. 1 to renew Agreement for Welding Gases & Supplies with Matheson Linweld for an estimated annual amount of $35,000 (original contract amount was $35,000; renewal contract amount is $35,000). 1539-11-12, Amendment No. 1 to the contract for Cedar Rapids Convention Complex Hotel Carpet Material project with Kamals, Inc. to reflect additional cost for scope changes for an amount not to exceed $44,240.66 (original contract amount was $337,015.46; total contract amount with this amendment is $381,256.12). 1540-11-12, Amendment No. 10 to the Disaster Recovery Housing Contract 08-DRH208 with the Iowa Economic Development Authority (IEDA) (original contract amount was $12,146,137; total contract amount with this amendment is $50,485,393). 1541-11-12, Amending Resolution No. 1570-12-11 for an increase in Nitric Acid 42Degree Technical Grade Liquid purchases with Hydrite Chemical Company from the original estimated annual amount of $45,000 to $60,000 for the Water Pollution Control Facility. 1542-11-12, Change Order No. 5 in the amount of $30,826.45 with Vieth Construction Corporation for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (original contract amount was $821,330.61; total contract amount with this amendment is $888,497.01). 1543-11-12, Change Order No. 6 in the amount of $21,668.30 with Pirc-Tobin Construction, Inc. for the 10th Street SE from 1st Avenue E to 4th Avenue SE Improvements project (original contract amount was $2,177,865.85; total contract amount with this amendment is $2,185,137.37). 1544-11-12, Change Order No. 3 in the amount of $1,350.75 with BWC Excavating, LC for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project (original contract amount was $189,177.50; total contract amount with this amendment is $254,437.95). Abstain, Council member Gulick. 1545-11-12, Change Order No. 13 in the amount of $2,228.16 with Horsfield Construction, Inc. & Subsidiary for the 6th Street SW Corridor Improvements from Waconia Avenue to Prairie Creek project (original contract amount was $5,364,048.14; total contract amount with this amendment is $5,503,195.56). 1546-11-12, Change Order No. 12 in the amount of $80,912.36 with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,629,473.57). 1547-11-12, Change Order No. 6 in the amount of $28,096.38 with Rohl Networks LP for the Joint Communications Network Construction Group 2 EDA project #05-79-04926 project (original contract amount was $2,366,436.69; total contract amount with this amendment is $2,446,908.03). 1548-11-12, Change Order No. 4 in the amount of $68,445.38 with Price Industrial Electric, Inc. for the Joint Communications Network Splicing and Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project (original contract amount was $1,148,668; total contract amount with this amendment is $1,300,337.38). 1549-11-12, Change Order No. 2 in the amount of $78,539.60 with Ricklefs Excavating, Ltd. for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project (original contract amount was $706,176.50; total contract amount with this amendment is $788,716.10). 1550-11-12, Change Order No. 3 in the amount of $5,223.48 with Dave Schmitt Construction Company, Inc. for the 1st St – 24th Ave – Haven Court SW Water Main Replacement project (original contract amount was $427,475.60; total contract amount with this amendment is $483,057.68). 1551-11-12, Change Order No. 4 in the amount of $23,594.18 with Dave Schmitt Construction Company, Inc. for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project (original contract amount was $473,102.90; total contract amount with this amendment is $559,229.75). 1552-11-12, Change Order No. 5 in the amount of $49.84 with Ricklef’s Excavating, Ltd. for the C Avenue NE Water Main Replacement, 32nd Street NE to 40th Street NE project (original contract amount was $418,772.50; total contract amount with this amendment is $487,301.51). 1553-11-12, Change Order No. 18 in the amount of $229,768.36 with Unzeitig Construction Company for the City Hall Remodel project (original contract amount was $5,843,000; total contract amount with this amendment is $6,879,489.61). 1554-11-12, Change Order No. 11 in the amount of $5,225 with Peterson Contractors, Inc. for the 1st Avenue (IA 922/US BUS 151) Marion Boulevard & Collins Road, PCC Pavement Widening with HMA Resurfacing project (original contract amount was $7,661,700.36; total contract amount with this amendment is $8,828,502.21). 1555-11-12, Change Order No. 8 in the amount of $58,672 with TSF Structures, Inc. for the Cedar Rapids Convention Complex Primary Steel Bid Package project (original contract amount was $2,767,966; total contract amount with this amendment is $3,129,223). 1556-11-12, Change Order No. 12 deducting the amount of $22,774 with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,174,247). Abstain, Council member Swore. 1557-11-12, Change Order No. 10 in the amount of $30,110 with Modern Piping, Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,482,976). Abstain, Council member Swore. 1558-11-12, Change Order No. 2 in the amount of $46,973 with Day Mechanical Systems, Inc. for the Cedar Rapids Convention Complex Hotel – Interiors & Exterior Cladding (Mechanical) project (original contract amount was $4,481,800; total contract amount with this amendment is $4,648,148). 1559-11-12, Contract negotiations with Venuworks for management services for the Cedar Rapids Riverfront Amphitheater. 1560-11-12, Professional Services Agreement with Snyder & Associates, Inc. for an amount not to exceed $73,698 for design services in connection with the 2013 Traffic Signal Improvement project. 1561-11-12, Accepting a Utility Easement Agreement for the consideration of $1 and other valuable considerations from Jerry’s Homes, Inc. for land located east of Balsam Drive SW and north of Hughes Drive SW. 1562-11-12, Accepting an Easement for Water Main from Hy-Vee, Inc. located at 3235 Oakland Road NE in connection with the public improvements related to the redevelopment of Hy-Vee Store #5. 1563-11-12, Purchase Agreement in the amount of $500 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from Cortnee Hemesath and Danielle M. Witt from land located at 1025 E Avenue NW in connection with the E Avenue NW – Phase II 200 Feet East of 13th Street to Ellis Boulevard Storm Sewer, Water Main, Sidewalk and Street Improvements project. 1564-11-12, Supplemental Purchase Agreement in the amount of $1,010 and accepting an Easement for Street Light from the First Evangelical Lutheran Church from land located at 1000 3rd Avenue SE in connection with the 10th Street SE from 1st Avenue to 4th Avenue Streetscape project. 1565-11-12, Payment to Mediacom Communications Corporation in the amount of $10,423.29 for the final cost to relocate their utilities in conjunction with the vacation of 2nd Avenue SE vacation between 10th Street SE and 12th Street SE in connection with the PCI Medical Mall project. 1566-11-12, Fleet Services Division purchase of a Caterpillar 289C2 track loader from Altorfer CAT for use by the Parks Construction Department for a total amount of $58,066.87. 1567-11-12, Agreement for Pedestrian Traffic Signal Heads with Countdown Display and Mounting Brackets for the Traffic Engineering Division with General Traffic Controls, Inc. for an annual amount not to exceed $75,000. 1568-11-12, Amendment No. 4 for the Paramount Theatre Remediation Services for Hazardous Materials project with Lindstrom Environmental, Inc. to reflect the difference between estimated and actual quantities of canvas removed from the Hall of Mirrors, accepting the project and Performance Bond and authorizing issuance of final payment in the amount of $50,052.29 (original contract amount was $919,000; final contract amount is $1,001,045.95) (FLOOD). 1569-11-12, Amendment No. 2 to Parcel Cleanup/Demolition Services for Flood Damaged Properties project with Kelly Demolition, LLC to extend the contract and to authorize issuance of final payment in the amount of $862 to Kelly Demolition, LLC (original contract amount was $17,240; final contract amount is $17,240) (FLOOD). 1570-11-12, Amendment No. 1 to Environmental Remediation Services of Flood Damaged Commercial Structures-Swiss Valley and Souvenir Pen project with ECCO Midwest, Inc. in the amount of $19,380 as the final amendment and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $6,712 to ECCO Midwest, Inc. (original contract amount was $114,860; final contract amount is $134,240) (FLOOD). 1571-11-12, Amendment No. 4 to Demolition Services for Flood Damaged Commercial and Residential Structures project with Kelly Demolition, LLC in the amount of $60,523.90 as the final amendment for actual quantities and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $25,302.37 (original contract amount was $439,350; final contract amount is $506,047.42) (FLOOD). 1572-11-12, Amendment No. 2 to the Professional Services Agreement with HDR Engineering, Inc. for no additional cost to restructure subconsultants costs on the CRWPCF Flood Wall Protection project (original contract amount was $2,297,607; total contract amount is $2,407,607) (FLOOD). 1573-11-12, Amendment No. 2 to the Agreement with Tim Hildreth Company, Inc. for the Veterans Memorial Boiler Purchase Package project to modify the scope of services to exclude a portion of the AMPCO Boiler Stack for a credit of $1,975 (original contract amount was $198,256; total contract amount with this amendment is $204,228) (FLOOD). 1574-11-12, Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc. for the Veterans Memorial Building Phase I Construction Testing and Special Inspections project to amend attachment A “Scope of Work” of the Agreement by adding “Applied Fireproofing Testing” for no additional cost (original contract amount was $37,930; total contract amount with this amendment is $37,930) (FLOOD). 1575-11-12, Change Order No. 1 in the amount of $78,898 with Miron Construction Company, Inc. for the Cedar Rapids Central Fire Station project (original contract amount was $13,591,254; total contract amount with this amendment is $13,670,152) (FLOOD). Abstain, Council member Swore. 1576-11-12, Change Order No. 15 in the amount of $2,760 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,669,809) (FLOOD). Abstain, Council member Swore. 1577-11-12, Change Order Nos. 10 and 11 for a total amount of $250,871 plus an additional 28 calendar days with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $7,142,737 (FLOOD). Abstain, Council member Swore. 1578-11-12, Change Order No. 7 in the amount of $41,638 with Modern Piping, Inc. for the Paramount Theatre Flood Recovery and Renovation – Bid Package 2 (Mechanical & Plumbing Bid Bundle) project (original contract amount was $2,654,000; total contract amount with this amendment is $2,770,121.07) (FLOOD). Abstain, Council member Swore. 1579-11-12, Change Order No. 7 in the amount of $50,640 with Olympic Companies, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Historical Plaster and Paint Bid Bundle) project (original contract amount was $2,949,340; total contract amount with this amendment is $3,084,884) (FLOOD). 1580-11-12, Administrative Plan and establishing local criteria for the Fifth Round of the Multi-family New Construction (MFNC) Program (FLOOD). 1581-11-12, establishing the times and dates of regularly scheduled City Council meetings to be held in calendar year 2013. Nay, Council member Gulick. 1582-11-12, authorizing execution of an Agreement for Private Redevelopment with Penford Products Co. for the sale and disposition of property at 1115 C Street SW. Ordinance No. 068-12, being an Ordinance granting a change of zone for property west of Highway 100 and north of North Property Lane SE from R-1, Single Family Residence Zone District and C-2, Community Commercial Zone District to C-3, Regional Commercial Zone District as requested by the Indian Creek Nature Center and Larson Enterprises, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Poe, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Olson. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Poe, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Olson. Ordinance No. 069-12, being an Ordinance granting a change of zone for property north of A Avenue between 7th Street and 8th Street NE from O-S, Office/Service Zone District to C-3, Regional Commercial Zone District as requested by the University of Iowa Community Credit Union and Council 909 Knights of Columbus, was presented and read the second time. Council member Olson moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 070-12, being an Ordinance granting a change of zone for property at the southeast corner of 11th Avenue and 2nd Street SE from RMF-2, Multiple Family Residence Zone District to C-3, Regional Commercial Zone District as requested by Legion Arts, Inc. and Jelinek Companies, LLC, was presented and read the second time. Council member Olson moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Gulick. 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 Olson. Adopted, Ayes, Council members Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Abstain, Council member Gulick. Ordinance No. 071-12, being an Ordinance granting an Ordinance relating to collection of tax increment within the proposed Fountains Urban Renewal Area located at 5100 Edgewood Road NE, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 072-12, being an Ordinance requesting an Urban Revitalization Area designation by Pinnacle Engineering for expansion of an existing manufacturing facility at 1000 27th Avenue SW, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Public comments were heard. At 1:20 p.m. Council member Gulick moved to recess and reconvene in the Chambers Conference Room to meet in closed session pursuant to Iowa Code Section 21.5(1)(i)(2012) to discuss personnel matters; seconded by Council member Vernon. Council was polled. Ayes, Council members Gulick, Karr, Olson, Poe, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Council returned to open session and adjourned at 2:45 p.m. to meet Tuesday, November 27, 2012 at 4:00 p.m. Alissa Kaiser, Deputy City Clerk Nay, Council member Gulick Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Poe Abstain, Council member Swore MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA November 27, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were Acting City Manager Casey Drew and City Attorney Mo Sheronick. Absent, Council member Gulick. The invocation was given by Police Chaplain Ken Glandorf. Pledge of Allegiance. Mayor Corbett and Council member Swore presented a Proclamation to Troop No. 2 and Scott Loggins declaring the week of November 26 as Scouting Awareness Week. A Presentation regarding the West Side Library Construction update was given by Bob Pasicznyuk. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider the vacation of a 20-foot sanitary sewer access easement located at 4116 and 4208 Pro Farmer Road SW as requested by Champion Innovations, Inc. No comments or objections were heard or filed. 1583-11-12, vacating a sanitary sewer access easement located at 4116 and 4208 Pro Farmer Road SW as requested by Champion Innovations, Inc. A public hearing was held to consider the disposition of 31 City-owned properties for the Cedar Rapids Rose Homes 2 project as requested by Hatch Development Group, LLC. No comments or objections were heard or filed. A public hearing was held to consider a change of zone for property at 4601 6th Street SW from I-1, Light Industrial Zone District to C-3, Regional Commercial Zone District as requested by Mary Oakley and M & M Rental Property, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at th 4601 6 Street SW from I-1, Light Industrial Zone District to C-3, Regional Commercial Zone District as requested by Mary Oakley and M & M Rental Property, LLC., was presented and read the first time. Council member 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 1 for action at a later date; seconded by Council member Swore. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 1430 2nd Avenue SE from O-S, Office/Service Zone District to RMF-2, Multiple Family Residence Zone District as requested by WDJ Investments, LLC. One comment was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 1430 2nd Avenue SE from O-S, Office/Service Zone District to RMF-2, Multiple Family Residence Zone District as requested by WDJ Investments, LLC., was presented and read the first time. It was the consensus of Council to defer action on the First Reading of this Ordinance until a later meeting. A public hearing was held to consider a change of zone for property at 2300 and 2316 Bowling Street SW from R-2, Single Family Residence Zone District and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. f/k/a Hy-Vee Food Stores, Inc. and James J. Novak. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 2300 and 2316 Bowling Street SW from R-2, Single Family Residence Zone District and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. f/k/a Hy-Vee Food Stores, Inc. and James J. Novak, was presented and read the first time. Council member 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 Vernon. Approved, Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a change of zone for property at 859 Camburn Court SE from C-2, Community Commercial Zone District to RMF-2/PUD-O, Multiple Family Residence Zone District/Planned Unit Development Overlay District as requested by Nick Allendorf and Barbara J. Painter. One objection was heard. No written comments or objections were filed. Ordinance No. ________, being an Ordinance granting a change of zone for property at 859 Camburn Court SE from C-2, Community Commercial Zone District to RMF-2/PUD-O, Multiple Family Residence Zone District/Planned Unit Development Overlay District as requested by Nick Allendorf and Barbara J. Painter, was presented and read the first time. 2 Council member Vernon 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 Olson. Approved, Ayes, Council members Olson, Poe, Shey, Shields, Vernon and Mayor Corbett. Nays, Council members Karr and Swore. A public hearing was held to consider the disposition of City-owned properties at 1020 and 1028 3rd Street SE (former Brosh site) for redevelopment and inviting competitive proposals from any persons interested in acquiring this real property (FLOOD). No comments or objections were heard or filed. A public hearing was held to consider the disposition of City-owned property at 1424 B Avenue NE (Fire Station No. 3) for redevelopment and inviting competitive proposals from any persons interested in acquiring this real property (FLOOD). No comments or objections were heard or filed. A public hearing was held to consider the disposition of four City-owned commercial properties within the eligible 3rd Avenue SW Historic District at 102, 120, 207 and 222 3rd Avenue SW and inviting competitive proposals from any persons interested in acquisition and redevelopment of these properties (FLOOD). No comments or objections were heard or filed. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Horizontal Collector Well #6 Powerline Installation project (estimated cost is $110,000). No comments or objections were heard or filed. 1584-11-12, adopting plans, specifications, form of contract and estimated cost for the Horizontal Collector Well #6 Powerline Installation project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project (estimated cost is $105,000). No comments or objections were heard or filed. 1585-11-12, adopting plans, specifications, form of contract and estimated cost for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Sanitary Sewers Quadrant Flood Repair Lining Package #3 – 2012 project (estimated cost is $900,000). No comments or objections were heard or filed. 1586-11-12, adopting plans, specifications, form of contract and estimated cost for the Sanitary Sewers Quadrant Flood Repair Lining Package #3 – 2012 project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Veterans Memorial Phase III project (estimated cost is $5,300,000). No comments or objections were heard or filed. 3 1587-11-12, adopting plans, specifications, form of contract and estimated cost for the Veterans Memorial Phase III project (FLOOD). A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the Veterans Memorial Stadium Scoreboard Improvements project (estimated cost is $500,000). No comments or objections were heard or filed. 1588-11-12, adopting plans, specifications, form of contract and estimated cost for the Veterans Memorial Stadium Scoreboard Improvements project. Public comments were heard. Council member Olson moved to approve the Agenda; seconded by Council member Vernon. Council member Vernon requested that Item Number 28 (Resolution establishing “No Parking Anytime” on the north side of Greenwood Drive SE, 2100 block, between 21st Street and Vernon Drive SE) be removed from the Consent Agenda and moved to the Regular Agenda. Council member Shields requested that Item Number 32x (Purchase of $25,000,000 in excess flood insurance through Aon Risk Services Central, Inc. in the amount of $1,110,148 (FLOOD)) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Olson moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. December 4, 2012 – to consider the continuation of the disposition of excess Cityowned property described as a structure and land located at 800 G Avenue NW. b. January 8, 2013 – to consider a request for an Urban Revitalization Area designation for expansion of the CRST facility located at 3930 16th Avenue SW. Abstain, Mayor Corbett. Motion filing plans, specifications, form of contract, estimated costs, setting a public hearing date for December 4, 2012 and advertising for bids by publishing notice to bidders for the Sanitary Sewers Quadrant Flood Repair Lining Package #2 – 2012 project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on December 19, 2012 (estimated cost is $305,000) (FLOOD). Motion filing specifications, form of contract, estimated costs, setting a public hearing date for December 4, 2012 and advertising for bids by publishing notice to bidders for the Environmental Remediation and Demolition Services for the Former Animal Control Facility 4 project and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on December 19, 2012 (estimated cost is $550,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. 3rd Street Convenience, 222 3rd Street SE (new-E Liquor); 3rd Street Saloon, 1202 ½ 3rd Street SE; Beijing Chinese Restaurant, 421 Edgewood Road NW; Casey’s General Store #2212, 130 41st Avenue Drive SW; Discount Liquor, 2933 1st Avenue SE; Fat Jack’s, 58 Miller Avenue SW (new-formerly Outskirts); Outback Steakhouse, 3939 1st Avenue SE. 1589-11-12, approving payment of bills. 1590-11-12, approving payment of payroll. 1591-11-12, Intent to assess – Solid Waste & Recycling – clean-up costs – 3 properties. 1592-11-12, Levy assessment – Solid Waste & Recycling – clean-up costs – 5 properties. 1593-11-12, Intent to assess – Utilities – Water Division – delinquent municipal utility bills – 28 properties. 1594-11-12, Levy assessment – Utilities – Water Division – delinquent municipal utility bills – 17 properties. 1595-11-12, Levy assessment – nuisance abatement charges – 4 properties. 1596-11-12, accepting Water system improvements installed in Riviera 1st Addition and approving Maintenance Bond submitted by Rathje Construction Co. Inc. in the amount of $68,821, and authorizing reimbursement to Morris Wood, LLC in the amount of $4,250.68 for upsized water main. 1597-11-12, accepting Water system improvements installed in Ushers Ridge Tenth Addition and approving the Maintenance Bond submitted by Maxwell Construction, Inc. in the amount of $87,260, and authorizing reimbursement to Seminole Park Development LLC in the amount of $19,865.60 for upsized water main. 1598-11-12, accepting Sanitary sewer in Ushers Ridge Tenth Addition and approving 2year Maintenance Bond submitted by Maxwell Construction, Inc. in the amount of $132,220. 1599-11-12, accepting Storm sewer in Ushers Ridge Tenth Addition and approving 2year Maintenance Bond submitted by Maxwell Construction, Inc. in the amount of $46,725. 1600-11-12, accepting Portland Cement Concrete pavement in Ushers Ridge Tenth Addition and approving 4-year Maintenance Bond submitted by E & F Paving Company, LLC in the amount of $90,000. 5 1601-11-12, accepting Five Seasons Parkade Structural Repairs project with Western Waterproofing Company, Inc. (original contract amount was $84,200; final contract amount is $84,700). 1602-11-12, accepting SW Area Traffic Signals project, final payment in the amount of $5,188.55 to Trey Electric Corporation (original contract amount was $108,257; final contract amount is $103,771). 1603-11-12, accepting Stickle Drive NE Sanitary Sewer Reconstruction project, final payment in the amount of $11,328.14 to Vieth Construction Corporation (original contract amount was $243,827.25; final contract amount is $226,562.89) (FLOOD). 1604-11-12, authorizing the mailing and publication of a Notice of Intent to Proceed with an approved capital improvement project for Indian Creek and Dry Run Creek Trunk Sanitary Sewer Capacity Improvements-Phase 2 and 3 project and to commence with the acquisition or condemnation of the agricultural properties and property interest not yet acquired for this project and setting a public hearing date for January 8, 2013. 1605-11-12, authorizing submittal of Tax Increment Financing (TIF) Indebtedness Certifications to the Linn County Auditor indicating the total debt incurred and revenues collected through June 30, 2012 within each of the City’s 14 Urban Renewal Areas. 1606-11-12, authorizing submittal of an Annual Urban Renewal Area Report to the Iowa Department of Management for the City’s 14 Urban Renewal Areas. 1607-11-12, authorizing approval of the Utilities Department – Water Division, Distribution System Design Engineering section reorganization by eliminating one position, System Designer. 1608-11-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for one property in connection with the FEMA Hazard Mitigation Grant Program (HMGP) (FLOOD). 1609-11-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for seven properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1610-11-12, authorizing the abatement and demolition of six commercial parcels under the Community Development Block Grant Program (CDBG) (FLOOD). 1611-11-12, Amendment No. 3 to the the Professional Services Agreement with ShiveHattery, Inc. in the amount of $33,228 for additional services in connection with the BeverLinden-Blake SE Area 2011 Water Main Improvements project (original contract amount was $68,493; total contract amount with this amendment is $193,748). 6 1612-11-12, Amending contract with Thomas and Peggy Jo Knutson for purchase of property at 525 and 533 H Street SW. 1613-11-12, Change Order No. 13 revising the final completion date with corresponding milestone dates adjusted accordingly, with Miron Construction Company for the Cedar Rapids Convention Complex General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,174,247). Abstain, Council member Swore. 1614-11-12, Change Order No. 11 revising the final completion date with corresponding milestone dates adjusted accordingly, with Modern Piping, Inc. for the Cedar Rapids Convention Complex Mechanical Contract project (original contract price was $10,917,000; total contract amount with this amendment is $11,482,976). Abstain, Council member Swore. 1615-11-12, Change Order No. 11 revising the final completion date with corresponding milestone dates adjusted according, with Paulson Electric Company, Inc. for the Cedar Rapids Convention Complex Electrical Contract project (original contract amount was $8,437,635; total contract amount with this amendment is $9,139,757). 1616-11-12, Awarding and approving contract in the amount of $56,490 plus incentive up to $3,000, bond and insurance of Trey Electric Corp. for the Wiley Boulevard Roadway Improvements Temporary Traffic Signal at Wiley Boulevard SW and 31st Street project (estimated cost is $66,600). 1617-11-12, Warranty Deed from Lindale Mall, LLC, a Delaware limited liability company, for the consideration of $10 and other valuable consideration for right-of-way, and an Agreement for Private Storm Water Quality Control Improvements for land located at 217 Collins Road NE in connection with the Chick-Fil-A building construction. 1618-11-12, Warranty Deeds (3) from Hy-Vee, Inc. an Iowa corporation, f/k/a Hy-Vee Food Stores, Inc. for the consideration of $1 each and other valuable consideration for right-ofway for land located at 3235 Oakland Road NE and 1440 32nd Street NE in connection with the Hy-Vee building remodel and convenience store construction. 1619-11-12, Concrete Sidewalk Petition and Assessment Agreement submitted by the Annual Conference of the United Methodist Church for future sidewalk along Leonard Street NE for property located at 1000 30th Street NE. 1620-11-12, Development Agreement submitted by Prairie View Land, LLC for property located north of Wright Brothers Boulevard SW and east of Prairie View Lane SW. 1621-11-12, Professional Services Agreement with Snyder & Associates, Inc. for an amount not to exceed $890,000 for design services in connection with the SW Quadrant, 2008 Flood Sanitary Sewer Repairs, Phase II project. 7 1622-11-12, Dues payment of $46,758.65 to the Corridor Metropolitan Planning Organization for Fiscal Year 2013. 1623-11-12, Amendment No. 4 to Demolition Services for Flood Damaged Commercial Structures – Swiss Valley and Souvenir Pen with DW Zinser Company to extend the term of the contract and to reflect an increase in the scope of work for an amount not to exceed $4,282.50 (original contract amount was $274,000; total contract amount with this amendment is $300,654.50) (FLOOD). 1624-11-12, Amendment No. 1 to Pothole Existing Utilities with Roto-Rooter to extend the term of the contract and to reflect an increase in the scope of work for an amount not to exceed $11,700 (original contract amount was $23,400; total contract amount with this amendment is $35,100) (FLOOD). 1625-11-12, Amendment No. 8 to Flood Acquisition Services HMGP Greenway Area project with ProSource Technologies, Inc. to reflect an expanded scope of work for an amount not to exceed $10,000 (original contract amount was $193,050; total contract amount with this amendment is $618,350) (FLOOD). 1626-11-12, Change Order No. 12 in the amount of $27,213 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $7,169,950) (FLOOD). Abstain, Council member Swore. 1627-11-12, Change Order No. 8 in the amount of $11,992 with Modern Piping, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Mechanical & Plumbing Bid Bundle) project (original contract amount was $2,654,000; total contract amount with this amendment is $2,782,113.07) (FLOOD). Abstain, Council member Swore. 1628-11-12, Change Order No. 9 in the amount of $9,362 with Nelson Electric Company for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Electrical Bid Bundle) project (original contract amount was $2,714,000; total contract amount with this amendment is $2,851,161.42) (FLOOD). Abstain, Council member Swore. 1629-11-12, Change Order No. 8 in the amount of $5,732 with Olympic Companies, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Historical Plaster and Paint Bid Bundle) project (original contract amount was $2,949,340; total contract amount with this amendment is $3,090,616) (FLOOD). 1630-11-12, Change Order No. 2 in the amount of $20,896 with Sound Concepts, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Audio & Visual Systems Bid Bundle) project (original contract amount was $834,635.04; total contract amount with this amendment is $867,591.31) (FLOOD). 8 1631-11-12, Change Order No. 2 in the amount of $40,166 with Miron Construction Company, Inc. for the Cedar Rapids Central Fire Station project (original contract amount was $13,591,254; total contract amount with this amendment is $13,710,318) (FLOOD). Abstain, Council member Swore. 1632-11-12, Change Order No. 3 in the amount of $79,418 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase II project (original contract amount was $4,687,000; total contract amount with this amendment is $4,861,092) (FLOOD). 1633-11-12, Change Order No. 5 in the amount of $109,121 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase I project (original contract amount was $5,540,000; total contract amount with this amendment is $6,042,978) (FLOOD). 1634-11-12, Agreement for E-Reading Solutions with 3M Library Systems for the Cedar Rapids Public Library for an amount not to exceed $ 500,000 (FLOOD). 1635-11-12, establishing “No Parking Anytime” on the north side of Greenwood Drive SE, 2100 block, between 21st Street and Vernon Drive SE. 1636-11-12, Purchase of $25,000,000 in excess flood insurance through Aon Risk Services Central, Inc. in the amount of $1,110,148 (FLOOD). Report on bids for the E Avenue and F Avenue Bridges over Cedar River, Bridge Rehabilitation project (estimated cost is $316,000). (Rob Davis) Report on bids for the WPCF Roughing Filter #1 Dome Replacement and Concrete Repair project (estimated cost is $1,975,000). (Steve Hershner) Tricon General Construction Staab Construction Corporation Rice Lake Construction Group Calacci Construction Co., Inc. Dubuque, IA Marshfield, WI Deerwood, MN Iowa City, IA $1,752,000 $1,762,000 $1,788,600 $1,855,600 1637-11-12, awarding and approving contract in the amount of $1,752,000, bond and insurance to Tricon General Construction for the WPCF Roughing Filter #1 Dome Replacement and Concrete Repair project. Report on bids for the Cedar Rapids Water Pollution Control Facility, Permanent Flood Repairs Package 2 – Solids Handling / Pumping Project (estimated cost is $2,000,000). (Steve Hershner) Staab Construction Corporation Unzeitig Construction Company Rice Lake Construction Group Gridor Construction, Inc. Woodruff Construction, LLC Marshfield, WI Dubuque, IA Deerwood, MN Buffalo, MN Fort Dodge, IA 9 $ 2,589,000 $ 2,593,000 $ 2,842,600 $ 2,948,494 $ 2,953,000 1638-11-12, awarding and approving contract in the amount of $2,589,000, bond and insurance to Staab Construction Corporation for the Cedar Rapids Water Pollution Control Facility, Permanent Flood Repairs Package 2 – Solids Handling / Pumping Project (FLOOD). Discussion regarding Item Number 36: Conni Huber 1639-11-12, authorizing a three year contract with the American Federation of State and County and Municipal Employees (AFSCME) Local 620. Discussion regarding Item Number 37: Rob Davis 1640-11-12, deferral of sidewalk installation along Bowling Street SW adjoining property located at 2200 C Street SW as requested by the Czech National Cemetery. Council member Vernon moved to approve Option No. 2 (Deferment denied); seconded by Council member Poe. Ayes, Council members Poe and Vernon. Nays, Council members Karr, Olson, Shey, Shields, Swore and Mayor Corbett. MOTION FAILED. Council member Shields moved to not make changes to property – no sidewalks and no requirement for a Concrete Sidewalk Petition and Assessment Agreement; seconded by Council member Swore. Ayes, Council members Poe, Shields, Swore and Mayor Corbett. Nays, Council members Karr, Olson, Shey and Vernon. MOTION FAILED. Council member Olson moved to approve Option No. 3 (accept Concrete Sidewalk Petition & Assessment Agreement); seconded by Council member Karr. Adopted, Ayes, Council members Karr, Olson, Shey, Shields, Swore and Vernon. Nays, Council member Poe and Mayor Corbett. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 6:33 p.m. to meet Tuesday, December 4, 2012 at 12 noon. Alissa Kaiser, Deputy City Clerk Nay, Council member Karr Nay, Council member Olson Nay, Council member Poe Nay, Council member Shey Nay, Council member Shields Nay, Council member Swore Nay, Council member Vernon Nay, Mayor Corbett Absent, Council member Gulick. Abstain, Council member Swore Abstain, Mayor Corbett 10 MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA December 4, 2012, 12:00 noon City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney Jim Flitz. The invocation was given by Mayor Pro-Tempore Vernon. Pledge of Allegiance. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider amending Chapter 72 of the Municipal Code, Stormwater Management Ordinance, designating the Cedar Rapids city limits as a stormwater drainage system district within the meaning and intent of, and for the purpose authorized by 384.84 of the Code of Iowa. No comments or objections were heard or filed. The first reading of Ordinance No. ________, being an Ordinance designating the Cedar Rapids city limits as a stormwater drainage system district within the meaning and intent of, and for the purpose authorized by 384.84 of the Code of Iowa was deferred by staff to a later date due to changes being made to the ordinance. A public hearing was held to consider the continuation of the disposition of excess Cityowned property described as a structure and land located at 800 G Avenue NW. No comments or objections were heard or filed. 1641-12-12, authorizing the disposition of excess City-owned property described as a structure and land located at 800 G Avenue NW. A public hearing will be held to consider the proposed plans, specifications, form of contract and estimated cost for the Sanitary Sewers Quadrant Flood Repair Lining Package #2 2012 project (estimated cost is $305,000). No comments or objections were heard or filed. 1642-12-12, adopting plans, specifications, form of contract and estimated cost for the Sanitary Sewers Quadrant Flood Repair Lining Package #2 - 2012 project (FLOOD). A public hearing was held to consider the proposed specifications, form of contract and estimated cost for the Environmental Remediation and Demolition Services for the Former Animal Control Facility project (estimated cost is $550,000). No comments or objections were heard or filed. 1643-12-12, adopting specifications, form of contract and estimated cost for the Environmental Remediation and Demolition Services for the Former Animal Control Facility project (FLOOD). Public comments were heard. Council member Olson moved to approve the Agenda; seconded by Council member Vernon. City Manager Pomeranz requested that Item Numbers 12b (authorizing execution of a Development Agreement and Special Warranty Deed for Cedar Valley Habitat for Humanity, Inc. for property at 404 8th Avenue SW participating in the third round of the Single Family New Construction Program), 12c (authorizing execution of a Development Agreement and Special Warranty Deed for Cedar Valley Habitat for Humanity, Inc. for property at 419 9th Avenue SW participating in the third round of the Single Family New Construction Program), 12d (authorizing execution of a Development Agreement and Special Warranty Deed for Cedar Valley Habitat for Humanity, Inc. for property at 519 7th Avenue SW participating in the third round of the Single Family New Construction Program), 12e (authorizing execution of a Development Agreement and Special Warranty Deed for Cedar Valley Habitat for Humanity, Inc. for property at 728 2nd Avenue SW participating in the third round of the Single Family New Construction Program) and 16 (Resolution of support and conditional authorization of $350,000 in the HOME Investment Partnership Program funding for development of a 51-unit senior housing facility at Jacolyn Drive and 12th Avenue SW as requested by Miller Valentine Group) be removed from the agenda. Council member Swore requested that Item Number 6b (Motion setting public hearing date for December 18, 2012 to consider amending the Cedar Rapids Municipal Code by adopting a new Chapter 22A, entitled “Nuisance Properties,” which defines and prohibits nuisance properties and prescribes administrative processes for imposing charges associated with City services to nuisance properties and assessing costs associated with abatement) be removed from the Consent Agenda and moved to the Regular Agenda. Council member Poe requested that Item Number 20(Resolution eliminating the position of Flood Recovery & Reinvestment Director (FLOOD)) be removed from the Consent Agenda and moved to the Regular Agenda. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried as amended. Council member Olson moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. December 18, 2012 – to consider the vacation and disposition of public ways and grounds in and to the property described as a 4,530 square-foot parcel of right-ofway located southerly of and adjacent to 1101 Old Marion Road NE as requested by Building Ideas, LLC. b. December 18, 2012 – to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to change the approval process of site development plans. c. December 18, 2012 – to consider the vacation of a utility, storm and sewer easement on and to consider the disposition and conveyance of the City-owned property at 501 First Street SE as requested by 4000, LLC. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for December 18, 2012 and advertising for bids by publishing notice to bidders for the 2013 Portland Cement Concrete (PCC) Crack and Joint Sealing Project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on December 19, 2012 (estimated cost is $250,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for December 18, 2012 and advertising for bids by publishing notice to bidders for the 2nd Street SE Parking Ramp at 7th Avenue project, and authorizing the City Engineer, or designee, to receive and open the bids and publicly announce the results on January 9, 2013 (estimated cost for each bid is as follows: $8,298,120 for General Construction; $410,000 for Mechanical and Plumbing; $530,500 for Electrical; and $181,600 for Elevator Construction). Motion approving the beer/liquor/wine applications of: a. ARA Gallery, 4850 Armar Drive SE (5-day license for an event December 13-16, 2012); b. Big 10 Mart, 4141 Center Point Road NE (new-formerly Park Town BP); c. Cedar River Landing, 301 F Avenue NW; d. Covington & Company, 125 3rd Avenue SE (new-native wine retail); e. Cranky Hank’s, 4444 1st Avenue SE, Suite 454; f. Genghis Grill, 5001 1st Avenue SE, Suite 101; g. Gringo’s Mexican Restaurant, 207 1st Avenue SE; h. Jersey’s Pub & Grub, 200 1st Avenue NE; i. Kum & Go #520, 2604 16th Avenue SW (new-new construction); j. Little Bohemia, 1317 3rd Street SE; k. Miguel’s, 175 Jacolyn Drive NW; l. Mr. B’s, 629 2nd Avenue SW; m. Southside Liquor & Tobacco Outlet, 3200 16th Avenue SW, Suite A (new-formerly American Payday Loans); n. The Station, 3645 Stone Creek Circle SW (new-new construction); o. The Thirsty Turtle, 1323 1st Avenue SE (new- Formerly Club Tsunami); p. Winifred’s, 3847 1st Avenue SE; q. Xavier’s, 1401 1st Avenue SE. 1644-12-12, approving payment of bills. 1645-12-12, approving payment of payroll. 1646-12-12, approving transfer of funds. 1647-12-12, Special Warranty Deed for disposition and redevelopment with Jelinek Companies, L.L.C. for property at 1118 2nd Street SE acquired through the City’s Voluntary Property Acquisition Program. 1648-12-12, Special Warranty Deed for disposition and redevelopment with Jelinek Companies, L.L.C. for property at 1120 2nd Street SE acquired through the City’s Voluntary Property Acquisition Program. 1649-12-12, Special Warranty Deed for disposition and redevelopment with Jelinek Companies, L.L.C. for property at 208 12th Avenue SE acquired through the City’s Voluntary Property Acquisition Program. 1650-12-12, Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for property at 196 15th Avenue SW participating in the third round of the Single Family New Construction Program (FLOOD). 1651-12-12, Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for property at 801 2nd Avenue SW participating in the third round of the Single Family New Construction Program (FLOOD). 1652-12-12, Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for property at 1126 9th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). 1653-12-12, Agreement for Option to Purchase with Cedar Rapids ROSE Homes, LP, for disposition of 31 City-owned parcels in support of the development of 30 new rent-to-own homes as requested by Hatch Development Group, LLC (FLOOD). 1654-12-12, Development Agreement with Cedar Rapids ROSE Homes, LP, for provision of City financial assistance of $550,000 as a deferred payment loan in support of the development of 30 new rent-to-own homes as requested by Hatch Development Group, LLC (FLOOD). 1655-12-12, approving the Final Plat of Williams Square First Addition located at 2450 Westdale Drive SW. Abstain, Council member Olson. 1656-12-12, authorizing hiring a planner to provide professional assistance to the Corridor Metropolitan Planning Organization with an emphasis on bicycle, pedestrian and transit activities. 1657-12-12, approving an all-way stop condition at the intersection of 1st Street and 7th Avenue SE. 1658-12-12, fixing value of lots and adopting preliminary plat and schedule, estimate of cost and proposed preliminary plans and specifications for the construction of 76th Avenue SW Improvements from Edgewood Road SW to East of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project. 1659-12-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for five properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1660-12-12, Amendment No. 2 to the Professional Services Agreement with Foth Infrastructure and Environment, LLC specifying an increased amount not to exceed $160,000 for design and construction services in connection with the E Avenue NW from 3rd Street to 13th Street Storm Sewer, Water Main, Sidewalk and Street Improvements project (original contract amount was $736,603; total contract amount with this amendment is $984,307). 1661-12-12, Amendment No. 7 to the Professional Services Agreement with Solum Lang Architects, LLC specifying an increased amount not to exceed $14,080 for professional architectural and engineering services in connection with wetlands mitigation in connection with the Cedar Rapids Fire Station No. 3 project (original contract amount was $279,225; total contract amount with this amendment is $333,305). 1662-12-12, Amendment No. 2 to the Professional Services Agreement with Speck & Associates, LLC specifying an increased amount not to exceed $10,000 for planning services in connection with the Complete Streets Planning Review project (original contract amount was $10,000; total contract amount with this amendment is $33,000). 1663-12-12, Amendment No. 3 to renew contract for Boiler and Cooling Water Chemicals with Nalco Company for the Water Pollution Control Facility for an estimated annual amount of $60,000 (original contract amount was $50,000; renewal contract amount is $60,000). 1664-12-12, Amendment No. 3 to renew the contract for Anhydrous Ammonia with Tanner Industries, Inc. for the Utilities Department, Water Operations for an estimated annual amount of $85,200 (original contract amount was $85,200; renewal contract amount is $85,200). 1665-12-12, Amendment No. 1 to renew contract for Hydrogen Peroxide 50% Technical Grade with U.S. Peroxide, LLC for the Water Pollution Control Facility for an estimated annual amount of $40,000 (original contract amount was $40,000; renewal contract amount is $40,000). 1666-12-12, Amendment No. 9 to the agreement for Convention Complex Hotel Hazardous Material Abatement with Lindstrom Environmental, Inc. to extend the term of the agreement and to reflect the additional cost for abatement of latent hazardous material for an amount not to exceed $25,139 (original contract amount was $295,000; total contract amount with this amendment is $652,665.27). 1667-12-12, Amendment No. 1 to renew contract for 3/8” Pebble Quicklime and Ground (Fine) Quicklime with Mississippi Lime Company for the Utilities Department for an estimated annual amount of $1,376,000 (original contract amount was $1,376,000; renewal contract amount is $1,376,000). 1668-12-12, Amendment No. 3 to renew contract for Polymer Clarifloc C-321 with Polydyne, Inc. for the Water Pollution Control Facility for an estimated annual amount of $475,000 (original contract amount was $625,000; renewal contract amount is $475,000). 1669-12-12, Amendment No. 1 to renew contract for Liquid Oxygen with Airgas North Central, Inc. for the Water Pollution Control Facility for an estimated annual amount of $100,000 (original contract amount was $100,000; renewal contract amount is $100,000). 1670-12-12, Amendment No. 3 to renew contract for Liquid Chlorine with Alexander Chemical Corporation for the Utilities Department for an estimated annual amount of $381,760 (original contract amount was $240,000; renewal contract amount is $381,760). 1671-12-12, Amendment No. 4 to renew contract for Sodium Hydroxide 50% Bulk with Vertex Chemical Corporation for the Water Pollution Control Facility for an estimated annual amount of $150,000 (original contract amount was $250,000; renewal contract amount is $150,000). 1672-12-12, Amendment No. 4 to renew contract for Sodium Hypochlorite 12% with KA Steel Chemicals, Inc. for the Water Pollution Control Facility for an estimated annual amount of $250,000 (original contract amount was $255,000; renewal contract amount is $250,000). 1673-12-12, Amendment No. 3 to renew the contract for Zinc Orthophosphate with Hawkins, Inc. for the Utilities Department, Water Operations for an estimated annual amount of $171,900 (original contract amount was $140,000; renewal contract amount is $171,900). 1674-12-12, Amendment No. 3 to renew contract for Liquid Potassium Permanganate with Hawkins, Inc. for the Water Pollution Control Facility for an estimated annual amount of $30,000 (original contract amount was $20,000; renewal contract amount is $30,000). 1675-12-12, Amendment No. 4 to renew contract for Urea Ammonium Nitrate 32% with Hydrite Chemical Company for the Water Pollution Control Facility for an estimated annual amount of $40,000 (original contract amount was $20,000; renewal contract amount is $40,000). 1676-12-12, Amendment No. 1 to the Professional Services Agreement with Ulteig, Inc. specifying an increased amount not to exceed $11,400 for additional engineering and design services on the WPC Lenel and Security System Upgrade project (original contract amount was $80,000; total contract amount with this amendment is $91,400). 1677-12-12, Change Order No. 4 in the amount of $5,369.13 with BWC Excavating, LC for the FY 2012 Sidewalk Repair and Ramp Program – Contract No. 1 project (original contract amount was $189,177.50; total contract amount with this amendment is $259,807.08). Abstain, Council member Gulick. 1678-12-12, Change Order No. 6 in the amount of $1,286.40 with Vieth Construction Corporation for the 2nd Street SE from 8th Avenue to 9th Avenue Roadway Reconstruction and Utility Improvements project (original contract amount was $821,330.61; total contract amount with this amendment is $889,783.41). 1679-1212, Change Order No. 7 in the amount of $19,343.29 plus 8.5 additional working days, with Pirc-Tobin Construction, Inc. for the 10th Street SE From 1st Avenue E to 4th Avenue SE Improvements project (original contract amount was $2,177,865.85; total contract amount with this amendment is $2,204,480.66). 1680-12-12, Change Order No. 4 in the amount of $9,830.48 plus 2 additional working days, with Dave Schmitt Construction Company, Inc. for the 1st St – 24th Ave – Haven Court SW Water Main Replacement project (original contract amount was $427,475.60; total contract amount with this amendment is $492,888.16). 1681-12-12, Change Order No. 5 in the amount of $24,566.51 plus one additional working day, with Dave Schmitt Construction Company, Inc. for the Water Main Replacement in the Area of Gordon and Ford Avenues NW project (original contract amount was $473,102.90; total contract amount with this amendment is $583,796.26). 1682-12-12, Change Order No. 5 in the amount of $78,575 with Price Industrial Electric, Inc. for the Joint Communications Network Splicing And Testing – Groups 1 and 3, Traffic Signal Interconnect Groups 1 and 2 project (original contract amount was $1,148,668; total contract amount with this amendment is $1,378,912.38). 1683-12-12, Change Order No. 13 in the amount of $95,276.96 plus six additional calendar days, with Price Industrial Electric, Inc. for the Joint Communications Network Construction Group 1 project (original contract amount was $2,212,673; total contract amount with this amendment is $2,724,750.53). 1684-12-12, Change order No. 2 in the amount of $48,109 with Knutson Construction Services, Inc. for the Cedar Rapids Convention Complex Parking Ramp & Skywalk project (original contract amount was $12,422,000; total contract amount with this amendment is $12,120,179). 1685-12-12, Change Order No. 7 in the amount of $63,870.46 plus 68 additional working days with Rohl Networks, LP for the Joint Communications Network Construction Group 2 EDA Project #05-79-04926 project (original contract amount was $2,366,436.69; total contract amount with this amendment is $2,510,778.49). 1686-12-12, Change Order No.1 in the amount of $5,500 with Connerly Construction, LLC for the Huntington Ridge Park Pavilion Installation project (original contract amount was $38,200; total contract amount with this amendment is $43,700). 1687-12-12, Financial Exhibit to the City’s Administrative Services and Financial Agreement with Delta Dental Plan of Iowa for a 12 month time period of January 1, 2013 to December 31, 2013 (Administrative fees for this time period are estimated to be $53,075). 1688-12-12, Increase purchase of Liquid Potassium Permanganate with Hawkins, Inc. from the original estimated annual amount of $15,000 to $30,000 for the Water Pollution Control Facility for calendar year 2012. 1689-12-12, Awarding and approving contract in the amount of $242,696.50 plus incentive up to $7,500, bond and insurance of Cramer and Associates, Inc. for the E Avenue and F Avenue Bridges over Cedar River, Bridge Rehabilitation project (estimated cost is $316,000). 1690-12-12, Established fair market value in the amount of $685 for the partial acquisition of right-of-way and a temporary grading easement for construction from Joel D. Ellickson and Jennifer L. Ellickson, from land located at 2339 29th Street SW in connection with the 29th Street SW from Wilson Avenue to Van Buren Drive Sidewalk project. 1691-12-12, Established fair market value for the partial acquisitions of temporary easements for construction, permanent easements and fee title from properties in connection with the 76th Avenue SW Improvements from Edgewood Road SW to East of the CRANDIC Railroad Crossing project. 1692-12-12, Purchase Agreement in the amount of $590, a Tenant Purchase Agreement in the amount of $1 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from Kim Kuda and Monica L. Kuda from land located at 2341 29th Street SW in connection with the 29th Street SW from Wilson Avenue to Van Buren Drive Sidewalk project. 1693-12-12, Warranty Deed for the consideration of $1 and other consideration from Glass Road Investments, LLC for street right-of-way along property at 4250 Glass Road NE. 1694-12-12, Purchase of HP equipment from Erbs Technology Solutions for a total annual amount not to exceed $175,000. 1695-12-12, Contract for Fiber Locating and Marking Services project with USIC Locating Services, Inc. for the Information Technology Department for an amount not to exceed $75,000. 1696-12-12, Contract for Liquid Magnesium Bisulfite 30% with Hydrite Chemical Company for the Water Pollution Control Facility for an amount not to exceed $160,000. 1697-12-12, Contract for Nitric Acid 41-Degree Technical Grade Liquid in Totes with Hydrite Chemical Company for the Water Pollution Control Facility for an amount not to exceed $55,000. 1698-12-12, Contract for Emulsion Polymer Clarifloc CE-939 with Polydyne, Inc. for the Water Pollution Control Facility for an amount not to exceed $300,000. 1699-12-12, Amendment No. 2 to the Professional Services Agreement with Solum Lang Architects, LLC specifying an increased amount not to exceed $25,010 for professional architectural and engineering services in connection with the Ground Transportation Center Renovation project (original contract amount was $727,356; total contract amount with this amendment is $752,366) (FLOOD). 1700-12-12, Amendment No. 3 to the Professional Services Agreement with Solum Lang Architects, LLC specifying an increased amount not to exceed $104,350 for professional architectural and engineering services in connection with the Ground Transportation Center – Renovation project (original contract amount was $727,356; total contract amount with this amendment is $856,716) (FLOOD). 1701-12-12, Amendment No. 2 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $56,300 for professional services in connection with the Five Seasons Bus Garage Replacement project (original contract amount was $54,300; total contract amount with this amendment is $125,600) (FLOOD). 1702-12-12, Amendment No. 9 to Flood Related Property Acquisition Services for CDBG Greenway Area Construction Study Area and the Neighborhood Revitalization Area project with ProSource Technologies, Inc. to reflect an expanded scope of work for an amount not to exceed $2,437,531 (original contract amount was $4,859,200; total contract amount with this amendment is $14,463,296) (FLOOD). 1703-12-12, Amendment No. 2 to Archeological Services – Flood Recovery project with The Louis Berger Group, Inc. for on-call archaeological services to extend the contract term and to reflect an expanded scope of work for an amount not to exceed $10,000 (original contract amount was $35,000; total contract amount with this amendment is $45,000) (FLOOD). 1704-12-12, Amendment No. 2 (HMGP) and Amendment No. 5 (CDBG) to Demolition Services for Flood Damaged Residential Structures project with BWC Excavating, LC to reflect the difference between the estimated quantities and actual quantities and accepting project and Performance Bond and authorizing issuance of final payment in the amount of $21,569.72 (original contract amount was $691,300; final contract amount with this amendment is $431,397.76) (FLOOD). Abstain, Council member Gulick. 1705-12-12, Amendment No. 3 to the Professional Services Agreement with HR Green, Inc. specifying an increased amount not to exceed $24,600 to prepare the documents for multiple prime contracts for the WPCF Return Sewer Pump Station project (original contract amount was $24,600; total contract amount with this amendment is $133,850) (FLOOD). 1706-12-12, Change Order No. 6 (Final) deducting the amount of $287,632.77 with PircTobin Construction, Inc. for the Sidewalk, Street and Storm Sewer Intake Repair – FEMA Project #1 project (original contract amount was $1,096,327.75; final contract amount with this amendment is $903,536.46) (FLOOD). 1707-12-12, Change Order No. 8 (Final) deducting the amount of $87,464.89 with Price Industrial Electric, Inc. for the Joint Communications Network Group 3 Downtown System Improvements and Repair project (original contract amount was $413,898.85; final contract amount with this amendment is $394,400.28) (FLOOD). Motion setting public hearing date for December 18, 2012 to consider amending the Cedar Rapids Municipal Code by adopting a new Chapter 22A, entitled “Nuisance Properties,” which defines and prohibits nuisance properties and prescribes administrative processes for imposing charges associated with City services to nuisance properties and assessing costs associated with abatement. Nay, Council member Swore. 1708-12-12, eliminating the position of Flood Recovery & Reinvestment Director (FLOOD). Discussion regarding Item Number 22: Jennifer Pratt 1709-12-12, authorizing execution of a Development Agreement with Ahmann Properties, LLC for development of an infill master development at 5100 Edgewood Road NE. Nay, Council member Olson. Discussion regarding Item Number 23: Jennifer Pratt 1710-12-12, authorizing execution of a Development Agreement with GRR-DTE, LLC for renovation of a historic bank building at 101 3rd Avenue SW and construction of a new residential development at 100 4th Avenue SW. Discussion regarding Item Number 24: Jennifer Pratt 1711-12-12, pursue negotiation of a Development Agreement with GRR-DTE, LLC for disposition of City-owned property at 415, 419 and 423 2nd Street SW and 116 5th Avenue SW, acquired through the City’s Voluntary Property Acquisition Program (FLOOD). Discussion regarding Item Number 25: Vern Zakostelecky 1712-12-12, approval of a Preliminary Site Development Plan for property at 101 3rd Avenue and the half block on 2nd Street between 4th and 5th Avenue SW zoned C-3, Regional Commercial Zone District and C-4, Central Business Zone District as requested by Point Builders, LLC and Wells Fargo Bank. Ordinance No. 073-12, being an Ordinance granting a change of zone for property at th 4601 6 Street SW from I-1, Light Industrial Zone District to C-3, Regional Commercial Zone District as requested by Mary Oakley and M & M Rental Property, LLC, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. 074-12, being an Ordinance granting a change of zone for property at 2300 and 2316 Bowling Street SW from R-2, Single Family Residence Zone District and R-3, Single Family Residence Zone District to C-2, Community Commercial Zone District as requested by Hy-Vee, Inc. f/k/a Hy-Vee Food Stores, Inc. and James J. Novak, was presented and read the second time. Council member Gulick moved the approval of the Ordinance on its second reading; seconded by Council member Vernon. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick 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 Vernon. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Ordinance No. ________, being an Ordinance granting a change of zone for property at 859 Camburn Court SE from C-2, Community Commercial Zone District to RMF-2/PUD-O, Multiple Family Residence Zone District/Planned Unit Development Overlay District as requested by Nick Allendorf and Barbara J. Painter, was presented and read the second time. Council member Vernon moved the approval of the Ordinance on its second reading; seconded by Council member Gulick. Approved, Ayes, Council members Karr, Olson, Shey, Vernon and Mayor Corbett. Nays, Council members Gulick, Poe, Shields and Swore. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 2:08 p.m. to meet Tuesday, December 18, 2012 at 4:00 p.m. Alissa Kaiser, Deputy City Clerk Nay, Council member Gulick Nay, Council member Olson Nay, Council member Poe Nay, Council member Shields Nay, Council member Swore Abstain, Council member Gulick Abstain, Council member Olson Cedar Rapids, Iowa, December 4, 2012; 9:00 a.m. City Council met for a Special Session Teleconference with FEMA representatives at City Hall, 101 First Street SE, Training Conference Room. Council members present were Mayor Ron Corbett, Ann Poe, Don Karr, Scott Olson, Justin Shields, Chuck Swore, Pat Shay and Monica Vernon. Mayor Ron Corbett chaired the teleconference meeting. Minutes of the teleconference meeting are as follows: PRESENT: Council members present were Mayor Ron Corbett, Ann Poe, Don Karr, Scott Olson, Justin Shields, Chuck Swore, Pat Shay and Monica Vernon; City Manager Jeff Pomeranz and Executive Administrator for Development Services Joe O’Hern. Teleconference participants present: FEMA Region VII Representatives: Tom Costello, Bob Bissell, and Ken Sessna; IA State Homeland Security Representatives: Pat Hall and Dennis Harper MEDIA: Gazette Reporter Rick Smith, Channel 2 • Meeting called to order at 9:00 a.m. by Mayor Ron Corbett. • Discussion of Improved Project Denial for Replacement of Time Check/NW Recreation Center Joe O’Hern gave the background and timeline for the NW Recreation Center replacement project including correspondence with FEMA for site selection. Mayor Corbett and Council members voiced their opinions regarding why they are requesting FEMA reconsider the denial and allow the City of Cedar Rapids to build the NW Recreation Center on the J Avenue NW site. FEMA reported that the regulation states that the project cannot be put back in the flood plain if there are other practicable locations. Discussion ensued regarding the J Avenue NW site being vital to reinvestment in an area that was severely affected by the 2008 flood. FEMA stated the options going forward are: 1. Identify another site outside of the 100 year flood plain 2. Proceed on preferred site without FEMA funding 3. Submit an Appeal of the decision within 60 days of the receipt of the official notification of denial. • Justin Shields motioned to adjourn, Don Karr seconded, meeting adjourned at 10:00 am. Respectfully submitted, June Schumacher MINUTES OF THE CITY COUNCIL CITY OF CEDAR RAPIDS, IOWA December 18, 2012, 4:00 p.m. City Council met in Regular Session in the Cedar Rapids City Hall Council Chambers, 101 First Street SE, Cedar Rapids, Iowa. Present, Mayor Corbett, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore and Vernon. Also present were City Manager Jeff Pomeranz and City Attorney Liz Jacobi. The invocation was given by Council member Poe. Pledge of Allegiance. A presentation regarding CRPD K-9 Unit and “Loyal Partners” Painting was given by Casey Bilden and Artist Santiago Sanchez. Resolutions were adopted with all Council members and Mayor Corbett voting “Aye” unless noted. A public hearing was held to consider amending the Cedar Rapids Municipal Code by adopting a new Chapter 22A, entitled “Nuisance Properties,” which defines and prohibits nuisance properties and prescribes administrative processes for imposing charges associated with City services to nuisance properties and assessing costs associated with abatement. 14 objections were heard. 7 letters of objection were filed. 13 letters of concern were filed. 3 letters of support were filed. Ordinance No. ________, being an Ordinance amending the Cedar Rapids Municipal Code by adopting a new Chapter 22A, entitled “Nuisance Properties,” which defines and prohibits nuisance properties and prescribes administrative processes for imposing charges associated with City services to nuisance properties and assessing costs associated with abatement, was presented and read the first time. Council member Vernon 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 Shey. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider a request for an Urban Revitalization Area designation for expansion of the existing AMTek manufacturing facility located at 4115 Thomas Drive SW. No comments or objections were heard or filed. 1713-12-12, authorizing the AMTek Urban Revitalization Plan for the expansion of an existing manufacturing facility located at 4115 Thomas Drive SW. Ordinance No. 075-12, being an Ordinance amending Chapter 17A of the Municipal Code, Revitalization Areas, establishing the AMTek Urban Revitalization Area designation at 4115 Thomas Drive SW, was presented and read the first time. Council member Vernon moved the approval of the Ordinance on its first reading; seconded by Council member Swore. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Council member Gulick moved that the rule requiring three readings on three different days be suspended and the Ordinance be adopted on its second and third readings; seconded by Council member Swore. Adopted, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the vacation and disposition of public ways and grounds in and to the property described as a 4,530 square-foot parcel of right-of-way located southerly of and adjacent to 1101 Old Marion Road NE as requested by Building Ideas, LLC. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance vacating public ways and grounds in and to the property described as a 4,530 square-foot parcel of right-of-way located southerly of and adjacent to 1101 Old Marion Road NE as requested by Building Ideas, LLC., was presented and read the first time. Council member 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 Karr. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the vacation of a utility, storm and sewer easement on and to consider the disposition and conveyance of the City-owned property at 501 First Street SE as requested by 4000, LLC. No comments or objections were heard or filed. 1714-12-12, authorizing vacation of a utility, storm and sewer easement on and to authorize the disposition and conveyance of the City-owned property at 501 First Street SE as requested by 4000, LLC. A public hearing was held to consider amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to change the approval process of site development plans. No comments or objections were heard or filed. Ordinance No. ________, being an Ordinance amending Chapter 32 of the Municipal Code, the Zoning Ordinance, to change the approval process of site development plans, was presented and read the first time. Council member Vernon 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 Olson. Approved, Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. A public hearing was held to consider the proposed plans, specifications, form of contract and estimated cost for the 2013 Portland Cement Concrete (PCC) Crack and Joint Sealing Project (estimated cost is $250,000). No comments or objections were heard or filed. 1715-11-12, adopting plans, specifications, form of contract and estimated cost for the 2013 Portland Cement Concrete (PCC) Crack and Joint Sealing Project. A public hearing was held to consider the plans, specifications, form of contract and estimated cost for the 2nd Street SE Parking Ramp at 7th Avenue project (estimated cost for each bid is as follows: $8,298,120 for General Construction; $410,000 for Mechanical and Plumbing; $530,500 for Electrical; and $181,600 for Elevator Construction). No comments or objections were heard or filed. 1716-12-12, adopting plans, specifications, form of contract and estimated cost for the 2nd Street SE Parking Ramp at 7th Avenue project. Public comments were heard. Council member Karr moved to approve the Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Council member Karr moved to approve the Consent Agenda; seconded by Council member Vernon. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. Motion carried. Motion to approve minutes. Motions setting public hearing dates for: a. January 22, 2013 – to consider the disposition of City-owned property at 415 12th Avenue SE (former Iowa Steel site) for redevelopment and inviting competitive proposals from any persons interested in acquiring this real property. Abstain, Council member Poe. b. January 22, 2013 – to consider the future disposition of 10 City-owned properties adjacent to the Cargill facility at 1710 16th Street SE for redevelopment and inviting competitive proposals from any persons interested in acquiring this real property (FLOOD). c. January 22, 2013 – to consider the disposition of six City-owned properties within the Bohemian Commercial Historic District and inviting competitive proposals from any persons interested in acquisition and redevelopment of these properties (FLOOD). Abstain, Council member Poe. Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 8, 2013 and advertising for bids by publishing notice to bidders for the Prairie Park Fishery Trail Entrance project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on January 16, 2013 (estimated cost is $138,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 8, 2013 and advertising for bids by publishing notice to bidders for the Cedar River Sanitary Sewer Crossing Improvements project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on January 23, 2013 (estimated cost is $6,800,000). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 8, 2013 and advertising for bids by publishing notice to bidders for the 2nd Street SE from 9th Avenue to Sinclair Site Sanitary Sewer Reconstruction project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on January 16, 2013 (estimated cost is $3,400,000) (FLOOD). Motion filing plans, specifications, form of contract, estimated cost, setting a public hearing date for January 8, 2013 and advertising for bids by publishing notice to bidders for the NE Quadrant, 2008 Flood Area Sanitary Sewer Restoration Phase 1 project and authorizing the City Engineer, or designee, to receive and open bids and publicly announce the results on January 23, 2013 (estimated cost is $350,000) (FLOOD). Motion filing specifications, form of contract, estimated cost, setting a public hearing date for January 8, 2013 and advertising for bids by publishing notice to bidders for the Environmental Remediation Services for Commercial and Residential Properties project and authorizing the Purchasing Manager, or designee, to receive and open bids and publicly announce the results on January 23, 2013 (estimated cost is $658,000) (FLOOD). Motion approving the beer/liquor/wine applications of: a. b. c. d. e. f. g. h. i. CJ’s Sports Bar and Grill, 62 16th Avenue SW; El Rancho Mexican Restaurant, 2747 16th Avenue SW; Ernie’s Avenue Tavern, 69 16th Avenue SW; Hawkeye Convenience Store-East, 1581 1st Avenue SE; Jim’s Foods, 812 6th Street SW (new-Class E Liquor-new ownership); The Keg, 719 5th Street SE; Spring House, 3980 Center Point Road NE; Union Station, 1724 16th Avenue SW; Westdale Bowling Center, 2020 Scotty Drive SW. 1717-12-12, approving payment of bills. 1718-12-12, approving payment of payroll. 1719-12-12, Appointing Sarah Coleman (effective through June 30, 2015) and James Thatcher (effective through June 30, 2015) to the Housing Code Board of Appeals. 1720-12-12, Appointing Daphne Elston to the Grants and Programs Citizens Advisory Committee (effective through June 30, 2013). 1721-12-12, Thanking Gilbert Janes and David Zylstra for serving on the Corridor Metropolitan Planning Organization. 1722-12-12, setting a public hearing date for January 8, 2013 to consider the Resolution of Necessity (Proposed) for the construction of the 76th Avenue SW Improvements from Edgewood Road SW to East of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project. 1723-12-12, Levy assessment for Solid Waste & Recycling clean-up costs at 2 properties. 1724-12-12, Intent to assess for Utilities – Water Division – delinquent municipal utility bills at 29 properties. 1725-12-12, Levy assessment for Utilities – Water Division – delinquent municipal utility bills at 18 properties. 1726-12-12, Levy assessment for delinquent weed mowing charges at 93 properties. 1727-12-12, accepting Sanitary sewer in Airport Plaza First Addition and approving 2year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $89,129. 1728-12-12, accepting Storm sewer in Airport Plaza First Addition and approving 2-year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $167,598.60. 1729-12-12, accepting Portland Cement Concrete pavement in Airport Plaza First Addition and approving 4-year Maintenance Bond submitted by City Wide Construction Corporation in the amount of $233,675. 1730-12-12, accepting Sanitary sewer in Hughes Group First Addition and approving 2year Maintenance Bond submitted by Dave Schmitt Construction Company, Inc. in the amount of $50,091. 1731-12-12, accepting 80th Street SW and 1st Avenue West Intersection Improvements project, final payment in the amount of $4,709.85 to Pirc-Tobin Construction, Inc. (original contract amount was $101,129; final contract amount is $94,196.99). 1732-12-12, accepting 3rd Avenue East Bridge Water Main Repair from 1st Street SE to Mays Island project, final payment in the amount of $6,000 to Ricklefs Excavating, LTD (original contract amount was $97,153; final contract amount is $119,999.90). 1733-12-12, accepting Sidewalk, Street and Storm Sewer Intake Repair – FEMA Project #1 project, final payment in the amount of $45,176.82 to Pirc-Tobin Construction, Inc. (original contract amount was $1,096,327.75; final contract amount is $903,536.46) (FLOOD). 1734-12-12, Special Warranty Deed with Matthew 25 Ministry Hub for property at 803 F Avenue NW through the Residential Property Disposition program (FLOOD). 1735-12-12, Special Warranty Deed with Rick and Beth Alger Properties, LLC for property at 2033 D Street SW through the Residential Property Disposition program (FLOOD). 1736-12-12, Development Agreement and Special Warranty Deed with Cedar Valley Habitat for Humanity, Inc. for property at 1247 4th Street SW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1737-12-12, Development Agreement and Special Warranty Deed with Skogman Construction Company of Iowa for property at 814 F Avenue NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1738-12-12, Development Agreement and Special Warranty Deed with Premiere Developers, Inc. for property at 520 8th Street NW participating in the third round of the Single Family New Construction Program (FLOOD). Abstain, Council member Olson. 1739-12-12, abandoning condemnation proceedings with Thriving Resources, L.L.C. 1740-12-12, accepting work and fixing amount to be assessed for the Locust Road SW From 66th Avenue SW to 600-feet North of 60th Avenue SW Reconstruction project. 1741-12-12, accepting work and fixing amount to be assessed for the 16th Avenue SW and Jacolyn Drive SW Traffic Signal Improvements project. 1742-12-12, accepting work and fixing amount to be assessed for the Wiley Boulevard SW and 20th Avenue SW Traffic Signal Improvements project. 1743-12-12, approving the Final Plat of New Farm First Addition to Linn County located on the west side of Old Bridge Road, north of 68th Avenue SW. 1744-12-12, referring to the Linn County Compensation Commission (in accordance with eminent domain proceedings) for the partial acquisitions of temporary easements for construction, permanent easements and fee title from properties in connection with the 76th Avenue SW Improvements from Edgewood Road SW to East of the Cedar Rapids and Iowa City (CRANDIC) Railroad Crossing project. 1745-12-12, establishing “No Parking Anytime” in the cul-de-sac on Harnett Street NW south of Midway Drive NW. 1746-12-12, establishing “No Parking Anytime” on the west side of 3rd Street SE at 6th Avenue including the sidewalk ramps north and south of 6th Avenue SE for improved intersection visibility to enhance pedestrian safety. 1747-12-12, establishing “No Parking Anytime” on both the north and south sides of A Avenue NE between 20th Street and 21st Street due to 16 feet paved width of the street being inadequate to allow access for service vehicle traffic and on-street parking. 1748-12-12, fully rescinding Resolution No. 2397-10-03, which established “2 Hour Parking, 8:00 AM to 5:00 PM except Saturday, Sunday and Holidays on the easterly side of 3rd Street SE from 7th Avenue to 8th Avenue and on the westerly side of 3rd Street SE from 7th Avenue southerly for a distance of 100 feet” and replacing the time-limit parking with new metered parking zones. 1749-12-12, regarding the City of Cedar Rapids waiving any objection to an annexation to the City of Marion of property west of Winslow Road and south of Connection Avenue requested by the City of Marion for property owned by the Kenneth Novotny Estate. 1750-12-12, authorizing execution of the Offer(s) to Buy Real Estate and Acceptance and the Addendum(s) to Offer to Buy Real Estate and Acceptance for seven properties in connection with the HUD Community Development Block Grant (CDBG) (FLOOD). 1751-12-12, Amendment No. 3 to the Professional Services Agreement with AndersonBogert Engineers & Surveyors, Inc. specifying an increased amount not to exceed $22,155 for engineering services in connection with the Williams Boulevard SW Signal and Operational Improvements project (original contract amount was $166,290; total contract amount with this amendment is $314,695). 1752-12-12, Amendment No. 2 to renew Agreement for Drug and Alcohol Testing for the Human Resources Department with Weland Clinical Laboratories for an amount not to exceed $40,000 (original contract amount was $33,000, renewal contract amount is $40,000). 1753-12-12, Amendment No. 2 to extend Agreement for Physical Therapy Services for the Human Resources Department with Physiotherapy Associates for an amount not to exceed $30,000 (original contract amount was $162,142.37, total contract amount with this amendment is $30,000). 1754-12-12, Amendment No. 2 to renew Agreement for Health Services for the Human Resources Department with St. Luke’s Work Well Solutions for an amount not to exceed $60,000 (original contract amount was $52,162.46, renewal contract amount is $60,000). 1755-12-12, Amending Resolution No. 0203-02-11 for an increase in as-needed Liquid Handling System Services with Prime Mechanical, Inc., from the original estimated contract amount of $100,000 to $240,000 for the Water Pollution Control Facility. 1756-12-12, Amendment No. 3 to renew Contract for Auto Parts Program with Sadler Power Train for the Fleet Services Division for an estimated annual amount of $200,000 (original contract amount was $250,000; renewal contract amount is $200,000). 1757-12-12, Amendment No. 3 to renew Contract for Auto Parts Program with Carquest Auto Parts for the Fleet Services Division for an estimated annual amount of $300,000 (original contract amount was $250,000; renewal contract amount is $300,000). 1758-12-12, Amendment No. 3 to renew Agreement for Janitorial Supplies with AmSan – Interline Brands, Inc. for an amount not to exceed $160,000 (original contract amount was $150,000; renewal contract amount is $160,000). 1759-12-12, Amending Resolution No. 1590-12-11 for an increase in Sulfur Scrubber Solution purchases with Cameron Process Solutions, Inc., from the original estimated annual amount of $25,000 to $40,000 for the Water Pollution Control Facility. 1760-12-12, Amending Resolution No. 1657-12-11 for an increase in 3/8” Pebble Quicklime and Ground (Fine) Quicklime purchases with Mississippi Lime Company from the original estimated annual amount of $1,376,000 to $1,646,000 for the Water Operations and Water Pollution Control Facility. 1761-12-12, Change Order No. 2 (Final) deducting the amount of $24,919.75 with Iowa Erosion Control, Inc. for the 6th Street SW – Pavement Rehabilitation from Waconia Avenue to 66th Avenue SW project (original contract amount was $771,052.38; final contract amount with this amendment is $762,308.70). 1762-12-12, Change Order No. 8 (Final) deducting the amount of $248,870.90 with Gee Grading & Excavating, Inc. for the 2nd Street SE Reconstruction – 5th Avenue SE to 8th Avenue SE and Federal Courthouse Infrastructure Improvements project (original contract amount was $1,854,288.94; final contract amount with this amendment is $1,586,556.53). 1763-12-12, Change Order No. 3 adjusting incentive/disincentive, with Ricklefs Excavating, Ltd. for the FY 2012 Sanitary Sewer Improvements Reconstruction Package #2 project (original contract amount was $706,176.50; total contract amount with this amendment is $770,916.10). 1764-12-12, Change Order No. 14 in the amount of $65,183 with Miron Construction Company for the Cedar Rapids Convention Complex - General Contract project (original contract amount was $28,273,698; total contract amount with this amendment is $29,239,430). Abstain, Council member Swore. 1765-12-12, Change Order No. 12 in the amount of $182,548 with Modern Piping, Inc. for the Cedar Rapids Convention Complex - Mechanical Contract project (original contract amount was $10,917,000; total contract amount with this amendment is $11,665,524). Abstain, Council member Swore. 1766-12-12, Change Order No. 6 in the amount of $0 with Miron Construction Company, Inc. for the Cedar Rapids Convention Complex Hotel Exterior Envelope Package project (original contract amount was $4,465,626; total contract amount with this amendment is $4,731,726). Abstain, Council member Swore. 1767-12-12, Agreement for Commission of Public Artwork with Latka Studios, LLC for an art piece to be located near 1st Street SW and 3rd Avenue SW as part of the Cedar Rapids Amphitheater project for an amount not to exceed $60,000. 1768-12-12, Renewal of Software Maintenance for OnBase with Integrated Data Products, Inc. (IDP) (original contract amount was $35,986; renewal contract amount is $43,270.50). 1769-12-12, Professional Services Agreement with Anderson-Bogert Engineers & Surveyors, Inc. for an amount not to exceed $39,617 for design services in connection with the Collins Road NE Improvements: Backage Road from C Avenue NE to Northland Avenue NE Extension project. 1770-12-12, Offer and Acceptance in the amount of $1 and accepting a Special Warranty Deed for right-of-way and a Temporary Construction Easement Agreement from Interstate Power and Light Company from land located at 1800 10th Street SE in connection with the Cedar River Sanitary Sewer Crossing Improvement project. 1771-12-12, Warranty Deed for the consideration of $10 and other consideration and also accepting a Utility Easement Agreement for the consideration of $1 and other consideration for street right-of-way and a utility easement along 1st Avenue SE from Ahmann Properties, LLC. 1772-12-12, Warranty Deed for the consideration of $1 and other consideration from 1120 Collins Road, LLC for right-of-way along the north side of Park Place NE. 1773-12-12, Warranty Deed for the consideration of $1 and other consideration from 1120 Collins Road, LLC for right-of-way along the south side of Park Place NE. 1774-12-12, Purchase Agreement in the amount of $220 and accepting an Easement for Utility and Access and a Temporary Grading Easement for Construction from Duckett Enterprises, LLC from land located at 1207 19th Avenue SW in connection with the FY 2012 Sanitary Sewer Improvements – Reconstruction Package #3 project. 1775-12-12, Purchase Agreement in the amount of $1 and accepting a Warranty Deed for right-of-way and a Temporary Grading Easement for Construction from The Meth-Wick Community, Inc. f/k/a Meth-Wick Manor Corporation from land located at 1224 13th Street NW in connection with the Harrison Elementary School Sidewalks project. 1776-12-12, Purchase Agreement in the amount of $1 and accepting a Warranty Deed for right-of-way from Theisen Real Estate, L.L.C. from land located at 1800 51st Street NE in connection with the 51st Street NE at Council Street NE Reconstruction project. 1777-12-12, Purchase Agreement in the amount of $1 and accepting an Easement for Sanitary Sewer and a Temporary Grading Easement for Construction from The Father’s House Vineyard Christian Fellowship from land located at 5101 16th Avenue SW in connection with the 5101 16th Avenue SW Sanitary Sewer Improvements project. 1778-12-12, Application for an EYE380 grant through the Iowa Department of Transportation (IDOT) for landscaping south of the Wilson Avenue SW exits on Interstate 380 right-of-way (east and west sides of the Interstate). 1779-12-12, Professional Services Agreement with Health Solutions, LLC to provide Wellness Services, effective January 1, 2013, for a one-year period for an amount not exceed $250,000. 1780-12-12, Contract for Cedar Rapids Convention Complex Hotel Guest Room Safes with Safemark Systems for an amount not to exceed $55,842.54. 1781-12-12, Purchase of excess casualty insurance coverage from States Self-Insurers Risk Retention Group in the amount of $335,246. 1782-12-12, Contract for Convention Complex Exterior Signage project with Sign Productions for the Public Works Department – Engineering Division for an amount not to exceed $48,480. Abstain, Council member Gulick. 1783-12-12, Fleet Services Division purchase of three hook lift mounted hot box patchers from Spaulding Manufacturing, Inc. for use by the Streets Maintenance division, for a total amount of $165,630. 1784-12-12, Pre-opening Consulting Services Agreement related to the Cedar Rapids Convention Complex Arena with VenuWorks, Inc. for an amount not to exceed $308,474. 1785-12-12, Amendment No. 1 to the Contract for Library Furniture and Shelving project with Tallgrass Business Resources to reflect the additional cost to add Section 11 café tables for an amount not to exceed $11,770.08 (original contract amount was $19,123.98; total contract amount with this amendment is $30,894.06) (FLOOD). 1786-12-12, Amendment No. 6 to the Contract for Citywide Energy Management System project with Halvorson Trane to reflect the additional cost to retrofit the pneumatic system on 3rd Floor West of the Veterans Memorial Building for an amount not to exceed $11,250 (original contract amount was $475,745; total contract amount with this amendment is $630,282.79) (FLOOD). 1787-12-12, Amendment No. 5 to the Professional Services Agreement with Ryan Companies, US, Inc. specifying an increased amount not to exceed $106,100 for construction management services in connection with the New Cedar Rapids Public Library project (original contract amount was $2,059,574; total contract amount with this amendment is $2,258,016) (FLOOD). 1788-12-12, Amendment No. 2 to the Professional Services Agreement with Terracon Consultants, Inc. specifying an increased amount not to exceed $704 for soil testing services in connection with the Cedar Rapids City Services Center project (original contract amount was $239,500; total contract amount with this amendment is $278,304) (FLOOD). 1789-12-12, Change Order No. 3 in the amount of $92,262 with Kleiman Construction, Inc. for the CR Transit Bus Garage project (original contract amount was $4,077,911; total contract amount with this amendment is $4,185,487.60) (FLOOD). 1790-12-12, Change Order No. 16 deducting the amount of $1,686 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 1 project (original contract amount was $5,434,000; total contract amount with this amendment is $5,668,123) (FLOOD). Abstain, Council member Swore. 1791-12-12, Change Order Nos. 13 and 14 for a total amount of $46,307 with Miron Construction Company, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (General Contractor Bid Bundle) project (original contract amount was $6,466,900; total contract amount with this amendment is $7,216,257) (FLOOD). Abstain, Council member Swore. 1792-12-12, Change Order No. 9 in the amount of $4,147 with Modern Piping, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Mechanical & Plumbing Bid Bundle) project (original contract amount was $2,654,000; total contract amount with this amendment is $2,786,260.07) (FLOOD). Abstain, Council member Swore. 1793-12-12, Change Order Nos. 10 and 11 for a total amount of $53,801.80 with Nelson Electric Company for the Paramount Theatre Flood Recovery & Renovation - Bid Package 2 (Electrical Bid Bundle) project (original contract amount was $2,714,000; total contract amount with this amendment is $2,904,963.22) (FLOOD). Abstain, Council member Swore. 1794-12-12, Change Order No. 9 in the amount of $15,894 with Olympic Companies, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Historical Plaster and Paint Bid Bundle) project (original contract amount was $2,949,340; total contract amount with this amendment is $3,106,510) (FLOOD). 1795-12-12, Change Order No. 2 in the amount of $50,572 with Secoa, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Theatrical Rigging, Curtains, Pit Lifts & Platforms Bid Bundle) project (original contract amount was $1,263,000; total contract amount with this amendment is $1,322,239) (FLOOD). 1796-12-12, Change Order Nos. 3 and 4 for a total amount of $12,855 with Sound Concepts, Inc. for the Paramount Theatre Flood Recovery & Renovation – Bid Package 2 (Audio & Visual Systems Bid Bundle) project (original contract amount was $834,635.04; total contract amount with this amendment is $869,048.31) (FLOOD). 1797-12-12, Change Order No. 4 in the amount of $64,175 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase II project (original contract amount was $4,687,000; total contract amount with this amendment is $4,925,267) (FLOOD). 1798-12-12, Change Order No. 6 in the amount of $11,625 with Rinderknecht Associates, Inc. for the Veterans Memorial Phase I project (original contract amount was $5,540,000; total contract amount with this amendment is $6,054,603) (FLOOD). 1799-12-12, Awarding and approving contract for an amount not to exceed $37,487, bond and insurance of Kelly Demolition, LLC for RACM Demolition Services for One Flood/Fire Damaged Commercial Structure project (FLOOD). Report on bids for the Veterans Memorial Stadium Scoreboard Improvements project (estimated cost is $500,000). (Joe Mailander) Daktronics, Inc., Brookings, SD Base Bid Accepted Alternates: #3: 48’W x 30’H 20mm pixel pitch LED Display Total Award $ 59,865 $497,200 Animated Display Systems, d/b/a AD Systems, Fort Meyers, FL Base Bid plus Alternate #3 $460,000 TS Sports, Dallas, TX Base Bid plus Alternate #3 $482,256 Iowa Direct Equipment, Cedar Falls, IA Base Bid plus Alternate #3 $618,400 $437,335 1800-12-12, awarding and approving contract for base bid plus alternate #3 in the amount of $497,200, bond and insurance of Daktronics, Inc. for the Veterans Memorial Stadium Scoreboard Improvements project. Report on bids for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project (estimated cost is $105,000). (Steve Hershner) Staab Construction Corporation Marshfield, WI $139,900 1801-12-12, awarding and approving contract in the amount of $139,000, bond and insurance to Staab Construction Corporation for the Anaerobic Heat Exchanger #2 Refurbish and Re-tube project. Report on bids for the Horizontal Collector Well #6 Powerline Installation project (estimated cost is $110,000). (Steve Hershner) Trey Electric Corporation Acme Electric Company Price Industrial Electric Tri-City Electric Company Swisher, IA Cedar Rapids, IA Hiawatha, IA Davenport, IA $114,550 $119,540 $143,985 $180,299 1802-12-12, awarding and approving contract in the amount of $114,550, bond and insurance to Trey Electric Corporation for the Horizontal Collector Well #6 Powerline Installation project. Report on bids for the Sanitary Sewers Quadrant Flood Repair Lining Package #3 – 2012 project (estimated cost is $900,000). (Joe Mailander) Municipal Pipe Tool Company, LLC, Hudson, IA Incentive up to Total Visu-Sewer, Inc., Pewaukee, WI SAK Construction, LLC, O’Fallon, MO Insituform Technologies USA, LLC $654,518 14,500 $669,018 $715,904.45 $745,608.50 $762,548.86 1803-12-12, awarding and approving contract in the amount of $654,518 plus incentive up to $14,500, bond and insurance of Municipal Pipe Tool Company, LLC for the Sanitary Sewers Quadrant Flood Repair Lining Package #3 - 2012 project (FLOOD). Presentation regarding Item Number 41: Christine Butterfield and Casey Drew 1804-12-12, expressing support for the proposed Westdale Mall Redevelopment project. Ordinance No. ________, being an Ordinance granting a change of zone for property at 859 Camburn Court SE from C-2, Community Commercial Zone District to RMF-2/PUD-O, Multiple Family Residence Zone District/Planned Unit Development Overlay District as requested by Nick Allendorf and Barbara J. Painter, was presented and read the third time. Council member Vernon moved the adoption of the Ordinance as read; seconded by Council member Gulick. Adopted, Ayes, Council member Olson. Nays, Council members Gulick, Karr, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. ORDINANCE FAILED. Public comments were heard. Council member Shields moved to adjourn; seconded by Council member Swore. Ayes, Council members Gulick, Karr, Olson, Poe, Shey, Shields, Swore, Vernon and Mayor Corbett. City Council adjourned at 6:56 p.m. to meet Tuesday, January 8, 2012 at 12:00 noon. Alissa Kaiser, Deputy City Clerk Nay, Council member Gulick Nay, Council member Karr Nay, Council member Poe Nay, Council member Shey Nay, Council member Shields Nay, Council member Swore Nay, Council member Vernon Nay, Mayor Corbett Abstain, Council member Gulick Abstain, Council member Olson Abstain, Council member Swore