Oct 24, 2023 City Council

AYE. THOSE OPPOSED SAY NO, AND THE MOTION CARRIES.

[2. A public hearing will be held to consider the disposition of City-owned property at 916 5th Street SE and 512 10th Avenue SE (Noah Zeker and Adam Lindenlaub). CIP/DID #DISP0046-2023]

ITEM NUMBER TWO IS A PUBLIC HEARING HELD TO CONSIDER THE DISPOSITION OF CITY OWNED PROPERTY AT 916 FIFTH STREET SOUTHEAST AND 512 10TH AVENUE SOUTHEAST.

NOAH ZIEGLER AND JENNIFER PRATT ARE HERE TO TALK ABOUT THAT.

NOAH AND JENNIFER, I WILL RECOGNIZE YOU.

[00:15:05]

THANK YOU, MAYOR AND CITY COUNCIL.

AGAIN, JENNIFER PRATT, COMMUNITY DEVELOPMENT DIRECTOR AND I JUST WANTED TO INTRODUCE NOAH TO YOU.

THIS IS HIS FIRST PRESENTATION TO COUNCIL, BUT WE ARE JUST SO EXCITED.

HE'S BEEN ON OUR PLANNING TEAM NOW FOR FOUR MONTHS.

SO HE'S AN EXPERT NOW AND EVERYTHING.

BUT AGAIN, JUST REALLY APPRECIATE THAT HE'S ON THE TEAM AND I WILL TURN IT OVER TO NOAH.

THANK YOU. OH, SORRY.

THAT'S OKAY. 916 FIFTH STREET SOUTHEAST AND 512 10TH AVENUE SOUTHEAST WERE ACQUIRED IN 2011 AND 2010, RESPECTIVELY, WITH COMMUNITY DEVELOPMENT BLOCK GROUP BLOCK GRANT FUNDS AND ARE 7800FT² COMBINED.

BOTH PROPERTIES ARE ZONED TRADITIONAL RESIDENTIAL SINGLE UNIT.

WHICH IS INTENDED TO PROVIDE SINGLE UNIT NEIGHBORHOOD LEVEL DEVELOPMENT MEDIUM TO HIGH DENSITY.

BOTH PROPERTIES ARE IN THE 100-YEAR FLOOD PLAIN, AND SO WOULD NEED TO NEED TO FOLLOW FLOODPLAIN REQUIREMENTS.

916 FIFTH STREET SOUTHEAST DOES NOT HAVE ACCESS TO CITY WATER, BUT A CONNECTION TO WATER ON 10TH AVENUE COULD BE MADE.

BOTH PROPERTIES HAVE ACCESS TO ALL OTHER CITY INFRASTRUCTURE.

HERE IS THE VIEW OF 916 FIFTH STREET SOUTHEAST FROM FIFTH STREET.

AND HERE IS THE VIEW OF THE OTHER SIDE OF THE PROPERTIES.

512 10TH AVENUE FROM 10TH AVENUE.

FOR EVALUATION CRITERIA.

WE WILL HAVE A PREFERENCE FOR RESIDENTIAL DEVELOPMENT AND REQUIRE COMPATIBILITY WITH THE SURROUNDING NEIGHBORHOOD.

WE WILL ALSO BE LOOKING FOR THE EXPERIENCE AND CAPACITY OF THE DEVELOPER AND THE FINANCIAL FEASIBILITY OF THE PROPOSAL.

PROPOSED PROJECT.

FOR THE TIMELINE.

WE RECEIVED SUPPORT FROM DEVELOPMENT COMMITTEE ON SEPTEMBER 25TH.

TODAY IS THE PUBLIC HEARING.

IF APPROVAL OF THE RESOLUTION IS GRANTED, THE RFP WILL BE ISSUED AND PROPOSALS WILL BE DUE ON DECEMBER 1ST.

ON JANUARY 9TH, WE WOULD COME BACK TO COUNCIL FOR CONSIDERATION AND SELECTION OF THE PROPOSAL.

NEGOTIATION OF THE DEVELOPMENT AGREEMENT WOULD FOLLOW IN SPRING 2024.

WITH THAT, STAFF RECOMMENDS THE APPROVAL OF THE RESOLUTION AND THE INITIATION OF THE COMPETITIVE DISPOSITION PROCESS BY CITY COUNCIL.

THANK YOU. THANK YOU, NOAH AND JENNIFER.

THIS IS A TIME AND A PLACE FOR A PUBLIC HEARING ON THIS MATTER.

DOES ANYONE HERE WISH TO ADDRESS COUNCIL? LET THE RECORD SHOW THAT A PUBLIC HEARING HAS BEEN HELD WITH NO OBJECTIONS.

FOR THE RECORD COUNCIL MEMBER TODD.

MAYOR, DO WE HAVE? AND WHEN WE RECEIVE THESE PROPOSALS, IS THERE AN OPPORTUNITY TO PUT A TIMELINE IN TERMS OF WHAT THE IMPROVEMENTS OR WHAT THE PLAN IS TO WHAT THAT'S GOING TO BE? I ONLY SAY THAT BECAUSE THERE'S ANOTHER GOVERNMENTAL BODY THAT GAVE A PROPERTY TO SOMEBODY NEARBY TO THEORETICALLY FIX, AND IT'S BEEN TEN YEARS AND THAT HASN'T HAPPENED, AND IT'LL PROBABLY GET DEMOED SOON.

BUT CAN WE DO ANYTHING LIKE THAT? YEAH. SO WHEN WE NEGOTIATE THE DEVELOPMENT AGREEMENT FOR THE DISPOSITION OF PROPERTY, AND WE DO PUT A TIME FRAME IN THAT AGREEMENT, AND IF THEY DON'T MEET THAT TIME FRAME, WE CLAW IT BACK OR THERE ARE PROVISIONS IN THERE.

I WOULD SAY THE OTHER THING IS WE DON'T TURN OVER THE PROPERTY THE DEED UNTIL THEY HAVE THEIR FINANCING IN PLACE AND A NUMBER OF THINGS, SO THAT THERE IT IS, SHOVEL READY.

JENNIFER. THANK YOU.

JUST A QUICK FOLLOW UP. DO YOU HAVE A GENERAL IDEA OF WHAT THOSE TIMELINES USUALLY ARE? WE TYPICALLY GIVE A YEAR TO GET THE PROJECT UNDERWAY.

EXCELLENT. THANK YOU SO MUCH.

SEEING NO FURTHER QUESTIONS, THE ADOPTION OF THE RESOLUTION HAS BEEN MOVED BY TODD, SECONDED BY POE.

AYE. THOSE OPPOSED SAY NO, AND THE MOTION CARRIES.

[3. A public hearing will be held to consider establishing the 80th Street NW South of E Avenue Sanitary Sewer Extension District and related sanitary sewer extension charge (Ben Worrell). CIP/DID #6550072-00]

ITEM NUMBER THREE IS A PUBLIC HEARING HELD TO CONSIDER ESTABLISHING THE 80TH STREET NORTHWEST.

SOUTH OF AVENUE SANITARY SEWER EXTENSION DISTRICT AND RELATED SANITARY SEWER EXTENSION CHARGE.

BEN MORRELL IS HERE. BEN, I RECOGNIZE YOU.

THANK YOU, MAYOR. BEN WARRELL, PUBLIC WORKS DEPARTMENT.

[00:20:01]

SO HERE TODAY TO PROPOSE AN ORDINANCE FOR THE EXTENSION CHARGE DISTRICT FOR THE 80TH STREET NORTHWEST SANITARY SEWER.

BOTH THE CITY AND IOWA CODES ALLOW FOR CREATION OF AN EXTENSION CHARGE TO RECOVER THE COST OF PUBLIC UTILITY PROJECTS WITHIN THE AREA SERVED.

CEDAR RAPIDS CURRENTLY HAS FOUR OF THESE SUCH DISTRICTS, AND I'LL GO INTO THOSE IN MORE DETAIL LATER IN THE PRESENTATION.

AND AS A POINT OF CLARIFICATION, THIS IS DIFFERENT THAN THE STANDARD CONNECTION FEE, AND THIS WOULD BE IN PLACE OF THAT CONNECTION FEE.

SO THE PROJECT WAS TO EXTEND 16 INCH SANITARY SEWER FROM E AVENUE NORTHWEST DOWN TO 16TH AVENUE.

THE ALIGNMENT AND THE PROJECT LOCATION IS SHOWN ON THE RIGHT WITH THE MAP THERE.

THAT'S DRIVEN MOSTLY BY TOPOGRAPHY, BUT WE DID COORDINATE THE ALIGNMENT SOMEWHAT WITH MULTIPLE PLANNED DEVELOPMENTS.

340 ACRES SERVICE AREA PROJECT WAS BID LAST JULY AND THE SEATING WAS COMPLETED LAST MONTH.

SO IT'S ESSENTIALLY COMPLETE AND THE PROJECT COST IS APPROXIMATELY 1.4 MILLION.

HERE'S A MAP SHOWING THE DISTRICT BOUNDARIES, WHICH IS ALSO THE SERVICE AREA OF THE SEWER.

THE NORTH ARROW IS SHOWN THERE.

NORTH IS TO THE LEFT.

GET. YOUR ORIENTATION GENERALLY FOLLOWS TOPOGRAPHY, BUT THEN ALSO THE EXISTING BOUNDARIES OF WHAT'S SERVED CURRENTLY.

THIS PROJECT WAS A BIT SPECIAL AND IT HAD SOME UNIQUE CHALLENGES.

SPAN MULTIPLE PROPERTIES, BUT ALSO THERE WERE MULTIPLE ROAD CLOSURES FOR SEWER CROSSINGS AND CONNECTIONS.

THE CONNECTION POINT IN THE AVENUE WAS A DEEP CONNECTION THAT REQUIRED A SIGNIFICANT ROAD CLOSURE, AND ALSO CROSSINGS OF 80TH STREET AND 80TH STREET.

LANE CROSSINGS OF TWO LARGE WATER MAINS AT TWO DIFFERENT LOCATIONS, AND DRAINAGE WAY CROSSINGS THAT REQUIRED ARMORING, POOR SOILS THAT REQUIRED DEWATERING, ADDITIONAL TRENCH BEDDING AND MODIFIED MANHOLES, AND ALL OF THAT LED TO A HIGHER THAN AVERAGE COST, WHICH WILL GO INTO THE CALCULATIONS OF THE PROPOSED FEE IN A MINUTE.

THAT'S SOME BACKGROUND ON THE PROJECT.

SPECIFICALLY, SERVICE AREAS LOCATED WITHIN THE WEST GROWTH AREA OF THE ENVISIONED PLAN INCLUDES APPROXIMATELY 60 ACRES IN CITY LIMITS.

REMAINING AREAS NOT YET ANNEXED NOR SUBSTANTIALLY DEVELOPED.

SOME PROPOSED DEVELOPMENTS WITHIN THE DISTRICT INCLUDE THE ENDERLEY COMMERCIAL DEVELOPMENT, BENSON'S FIRST EDITION, AND HEMPEL CROSSROADS ADDITION.

SO THE FEE WE'RE PROPOSING TODAY IS 3100 AN ACRE.

THIS REPRESENTS ABOUT A 75% RECOVERY OF PROJECT COSTS.

THIS WOULD BE AGAIN IN PLACE OF THE CONNECTION CHARGE, WHICH IS CURRENTLY $2,000 FOR SINGLE OR TWO FAMILY RESIDENCES OR 1000 AN ACRE WITH A MINIMUM OF 2000 FOR ALL OTHER USES.

AND THE REASON WE'RE PROPOSING THE EXTENSION CHARGE IS TO RECOVER MORE OF THAT PROJECT COST THAN WITH THE STANDARD CONNECTION FEE WOULD ALLOW.

WE'RE ALSO PROPOSING AN ANNUAL INTEREST RATE OF 3.0%, NOT TO EXCEED TWICE THE ORIGINAL EXTENSION CHARGE, WHICH IS CONSISTENT WITH OUR C AVENUE AND WEXFORD DISTRICTS. A LITTLE MORE BACKGROUND ON THIS.

BACK IN MAY, WE SENT LETTERS OUT TO PROPERTY OWNERS OF UNDEVELOPED LAND IN THE DISTRICT TO GET THEIR FEEDBACK.

AT THE TIME, WE WERE PROPOSING A 100% RECOVERY PROJECT COSTS, WHICH WOULD BE $4,100 AN ACRE.

WE WERE ALSO PROPOSING A LITTLE BIT HIGHER INTEREST RATE, THE 4.56%, WHICH WAS BASED ON SEWER BONDS AT THE TIME.

UM, AND WE DID HAVE ONE OBJECTOR AND WE DISCUSSED THAT WITH THEM AND ALSO INFRASTRUCTURE COMMITTEE.

WE HAD INFRASTRUCTURE COMMITTEE PRESENTATIONS BACK IN MARCH AND ALSO IN JULY.

AND AFTER ALL OF THAT DISCUSSION, THAT'S WHY WE'RE PROPOSING A MODERATED FEE OF 3100 AN ACRE.

NOW. WHICH IS A LITTLE MORE CONSISTENT WITH SOME PREVIOUS DISTRICTS.

HERE'S A BREAKDOWN OF THE DISTRICTS THAT WE ALREADY HAVE WITH THE PROPOSED DISTRICT AT THE TOP.

C AVENUE NORTHEAST DISTRICT IS PROBABLY THE MOST SIMILAR IN SCOPE.

IT DIDN'T HAVE AS MANY CHALLENGES AS THIS PROJECT DID, AND THE COST PER ACRE IS LOWER.

BUT ALSO IT OVERLAPS WITH SOME MARION DISTRICTS, WHICH, DEPENDING ON THE TYPE OF DEVELOPMENT, COULD ADD PRETTY SIGNIFICANTLY TO THE COST PER ACRE.

THERE'S ALSO THE JOHNSON COUNTY WATER AND SEWER EXTENSION.

THAT ONE IS A BIT DIFFERENT BECAUSE IT WAS THE DEVELOPER THAT EXTENDED THE SEWER, AND FOR EIGHT YEARS THE FEES ACTUALLY GO BACK TO THE

[00:25:08]

DEVELOPER. THAT ONE WAS 2000 AN ACRE FOR SEWER.

THERE WAS ALSO A DISTRICT FOR THE WEXFORD LIFT STATION.

IT WAS OVERSIZE TO SERVE ADDITIONAL AREA BEYOND THAT DEVELOPMENT.

AND SO THERE WAS A FEE PROPOSED AT 1300 PER RESIDENTIAL UNIT.

THAT'S IN ADDITION TO THE CONNECTION FEE AND A 3% ANNUAL INCREASE.

AND THEN THE WILLOWBROOK, GEORGIA DISTRICT, WHICH WAS SET ON A PER FOOT OF LOT FRONTAGE BASIS.

SO AS I MENTIONED, WE HAD INFRASTRUCTURE COMMITTEE, CITY COUNCIL, INFRASTRUCTURE COMMITTEE PRESENTATIONS IN MARCH AND JULY.

AND TODAY WE'RE RECOMMENDING APPROVAL OF THE FIRST READING OF THE EXTENSION CHARGE ORDINANCE WITH POTENTIAL SECOND AND THIRD READING NOVEMBER 7TH.

THANK YOU. BEN. THIS IS A TIME AND A PLACE FOR A PUBLIC HEARING ON THIS MATTER.

DOES ANYONE HERE WISH TO ADDRESS COUNCIL? LET THE RECORD SHOW A PUBLIC HEARING HAS BEEN HELD WITH NO OBJECTIONS.

FOR THE RECORD COUNCIL MEMBER OLSON.

THANK YOU, MAYOR.

I THINK I APPRECIATE THE FACT THAT WE TEMPERED THAT ADJUSTMENT AND WE NEEDED TO GET IT FINALIZED BECAUSE THESE DEVELOPERS ARE TRYING TO PRICE THEIR PROPERTY, WHICH THEY WOULD INCLUDE THIS IN THE PRICE OF WHAT THEY SELL THEIR PROPERTY FOR.

AND SO IT IS AN UNUSUAL PIECE.

BUT THE GOOD NEWS IS, WE'VE ALWAYS THOUGHT THERE'D BE A LOT OF DEVELOPMENT ALONG HIGHWAY 100, BUT A LOT OF TIMES PEOPLE GO OUT AND BUY PROPERTY OUT THERE AND REALIZE THERE'S NO SEWER AND HOW MUCH IT DOES COST TO PUT IN A SEWER IN A DIFFICULT TERRAIN.

SO THE GOOD NEWS IS WE'RE IN IT'S SIMILAR NOW TO OTHERS WITH THE INTEREST RATE, AND IT'S STILL HIGHER ON THE OTHER PART, BUT IT'S A VERY UNIQUE THING AND WE'LL HOPEFULLY GENERATE A LOT MORE DEVELOPMENT ALONG HIGHWAY 100.

SO I APPRECIATE THE MODIFICATION THAT YOU DID AFTER THE MEETINGS AT THE INFRASTRUCTURE COMMITTEE.

SEEING NO FURTHER QUESTIONS.

THE ORDINANCE ON ITS FIRST READING HAS BEEN MOVED BY OVERLAND, SECONDED BY LOEFFLER.

THOSE OPPOSED SAY NO, AND THIS MOTION CARRIES.

[4. A public hearing will be held to consider the continuation of an approved public improvement project for the Taft and West Willow Safe Routes to School project (Rob Davis). CIP/DID #301948-00]

ITEM NUMBER FOUR, A PUBLIC HEARING HELD TO CONSIDER THE CONTINUATION OF AN APPROVED PUBLIC IMPROVEMENT PROJECT FOR THE TAFT AND WEST WILLOW SAFE ROUTES TO SCHOOL PROJECT.

ROB DAVIS IS HERE, AND, ROB, I'LL RECOGNIZE YOU.

GOOD AFTERNOON. MAYOR, CITY COUNCIL, ROB DAVIS, PUBLIC WORKS DEPARTMENT.

THIS PROJECT, AS THE MAYOR SAID, IS A SAFE ROUTES TO SCHOOL PROJECT AND QUICKLY ABOUT IT.

IT'S AN EXTENSION AROUND TAFT AND WEST WILLOW SCHOOLS.

IT WILL CONNECT FROM F AVENUE NORTHWEST TO JACQUELINE DRIVE NORTHWEST.

THE CITY HAS FEDERAL AND STATE GRANTS FOR A TOTAL OF 384,000, AND CONSTRUCTION IS PROPOSED TO BEGIN IN SPRING OF 2024.

NOW, THIS IS NOT A THE FULL PUBLIC HEARING ON THAT PROJECT.

THIS IS AN ADVANCED PUBLIC HEARING THAT IS REQUIRED WHEN THE CITY GOES TO ACQUIRE ANY LAND FROM AN AGRICULTURAL PARCEL.

THERE IS ONE AGRICULTURAL PARCEL ON THIS PROJECT.

AND SO, WE'RE FOLLOWING THE REQUIREMENTS OF IOWA CODE SECTION 6B.

AND WE'VE NOTICED THE PROPERTY PUBLIC HEARING ON SEPTEMBER 13TH.

THERE IS SOME RIGHT-OF-WAYS, ALSO SOME TEMPORARY EASEMENT FROM THE PROPERTY.

WE HAVE TALKED TO THE PROPERTY OWNER.

STAFF HAS AND INDICATE SUPPORT FOR THIS PROJECT BECAUSE PEOPLE ARE ALREADY WALKING THROUGH THE AGRICULTURAL LAND.

AND WHY NOT MAKE IT SAFER WITH THE CONCRETE? SO THE NEXT STEP WOULD BE CITY COUNCIL WOULD PASS A RESOLUTION TO PROCEED WITH THIS AGRICULTURAL ACQUISITION.

THEN WE WOULD PROCEED TO ACQUIRE THAT, AND THEN WE WOULD BE BACK WITH YOU FOR PUTTING THE PROJECT OUT FOR BID AND A PUBLIC HEARING ON THE FULL PROJECT.

THIS IS THE PARCEL IN QUESTION IS OUTLINED IN BLUE.

HERE GOES FROM JACQUELINE DRIVE.

YOU CAN SEE IN THE BOTTOM OF THE SCREEN THERE.

THERE'S A BLACK LINE THERE THAT RUNS UP THROUGH THE EAST SIDE OF THIS PARCEL UP TO F AVENUE.

SO THAT'S THE AGRICULTURALLY ZONED PARCEL.

AGAIN, THERE'S MORE SIDEWALK IN THIS PLAN, BUT THIS IS NOT THE PUBLIC HEARING FOR THAT.

JUST FOR GOING THROUGH THIS ONE PARCEL, PUBLIC WORKS DEPARTMENT RECOMMENDS PASSING THE RESOLUTION SO THAT WE CAN PROCEED WITH THE ACQUISITION, AS NOTED.

THAT'S ALL I HAVE. THANK YOU.

THANK YOU. ROB, THIS IS A TIME AND A PLACE FOR A PUBLIC HEARING ON THIS MATTER.

DOES ANYONE HERE WISH TO ADDRESS COUNCIL? LET THE RECORD SHOW A PUBLIC HEARING HAS BEEN HELD WITH NO OBJECTIONS FOR THE RECORD COUNCIL.

SEEING NO FURTHER QUESTIONS, THE ADOPTION OF THE RESOLUTION HAS BEEN MOVED BY COUNCIL MEMBER TYLER OLSON, SECONDED BY COUNCILMEMBER HAGER.

THANK YOU. AT NUMBER FIVE, A PUBLIC HEARING HELD TO CONSIDER A CHANGE OF ZONE FOR PROPERTY AT 1119 WENIG ROAD, NORTHEAST FROM GENERAL INDUSTRIAL DISTRICT TO LIGHT

[5. A public hearing will be held to consider a change of zone for property at 1119 Wenig Road NE from I-GI, General Industrial District, to I-LI, Light Industrial District, as requested by Ross Industrial Park, Inc. (Dave Houg). CIP/DID #RZNE-034047-2023]

INDUSTRIAL DISTRICT, AS REQUESTED BY ROSS INDUSTRIAL PARK TODAY.

THANK YOU, MAYOR, AND GOOD AFTERNOON COUNCIL.

AS MENTIONED, THIS IS A CONSIDERATION OF AN APPLICATION FOR A REZONING OF 1119 WENIG ROAD NORTHEAST FROM GENERAL INDUSTRIAL TO LIGHT

[00:30:08]

INDUSTRIAL. FUTURE LAND USE MAP DESIGNATION OF INDUSTRIAL.

THE. THE PURPOSE FOR THIS APPLICATION IS THAT THE OWNERS WOULD LIKE TO CREATE INDIVIDUAL LOTS FOR EACH OF THE BUILDINGS THAT ARE LOCATED ON THIS PARCEL, AND YOU CAN SEE THE LOCATION IS JUST NORTHWEST OF CEDAR LAKE.

AND AS PREVIOUSLY MENTIONED, CURRENT ZONING IS GENERAL INDUSTRIAL FUTURE LAND USE MAP DESIGNATION INDUSTRIAL.

THIS IS THE SUBDIVISION THAT IS PROPOSED THAT I WAS TALKING ABOUT.

AND IT'S OVERLAID ON TOP OF THE LOT HERE.

SO YOU CAN SEE IT CREATES THREE LOTS AND PUTS EACH OF THESE BUILDINGS ON AN INDIVIDUAL LOT.

THEY ARE NOT PROPOSING ANY ADDITIONAL DEVELOPMENT AT THIS TIME.

THIS DOES CREATE A REMNANT PARCEL, AN OUTLOT, THAT WOULD NEED TO GO THROUGH THE PLANNING PROCESS IF THEY WANTED TO DEVELOP IT IN THE FUTURE.

IN TERMS OF ZONING CRITERIA, REZONING CRITERIA, IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE LAND USE TYPOLOGY AREA OR THE LAND USE DESIGNATION.

THEY'RE ALL FACILITIES AND SERVICES ARE AVAILABLE, ALTHOUGH AS I MENTIONED, NO ADDITIONAL DEVELOPMENT IS PROPOSED AT THIS TIME AND THE CHARACTER IS COMPATIBLE WITH THE AREA.

CPC CONSIDERED THIS ON OCTOBER 5TH AND RECOMMENDED APPROVAL, AS DOES STAFF, AND ASSUMING THIS MOVES FORWARD, THIS WILL COME BACK, OF COURSE, FOR A SECOND AND THIRD ORDINANCE READING AND PASS IT BACK TO THE MAYOR.

THANKS SO MUCH, BILL.

THIS IS A TIME AND A PLACE FOR PUBLIC HEARING ON THIS MATTER.

DOES ANYONE HERE WISH TO ADDRESS COUNCIL? LET THE RECORD SHOW A PUBLIC HEARING HAS BEEN HELD WITH NO OBJECTIONS.

FOR THE RECORD COUNCIL.

SEEING NO FURTHER QUESTIONS.

THE APPROVAL OF THE ORDINANCE ON ITS FIRST READING HAS BEEN MOVED BY COUNCIL MEMBER POE, SECONDED BY COUNCILMEMBER TODD.

PUBLIC HEARING HELD TO CONSIDER THE CHANGE OF ZONE FOR PROPERTY AT 2125 WILSON AVENUE, SOUTHWEST FROM SUBURBAN RESIDENTIAL LOW SINGLE UNIT DISTRICT TO TRADITIONAL MIXED USE LIMITED DISTRICT, AS REQUESTED BY SMOKEHOUSE ASSETS COMPANY, LLC.

[6. A public hearing will be held to consider a change of zone for property at 2125 Wilson Avenue SW from S-RL1, Suburban Residential Low Single Unit District, to T-ML, Traditional Mixed Use Limited District, as requested by Smokehouse Assets Company, LLC (Dave Houg). CIP/DID #RZNE-033869-2023]

ITEM NUMBER SIX.

AND I WILL RECOGNIZE YOU AGAIN, BILL.

THANK YOU. MAYOR.

AGAIN, REZONING APPLICATION UNDER CONSIDERATION.

THE PROPOSAL IS TO REZONE TWO ACRES.

THE PURPOSE FOR THIS THERE IS AND HAS BEEN A FLOWER SHOP OPERATING ON THIS LOT FOR QUITE SOME TIME.

AND THEY HAD THE IDEA TO TO ADD A COFFEE SHOP TO IT.

AND THEY'VE BEEN BECAUSE THIS HAS BEEN HERE SO LONG AND THERE'S BEEN A NUMBER OF CHANGES TO THE ZONING CODE, THEY'VE BEEN OPERATING RECENTLY UNDER A LEGAL NONCONFORMING STATUS.

THEY LIKELY COULD HAVE MOVED FORWARD AND EXPANDED THAT LEGAL NONCONFORMITY.

HOWEVER, IT MADE THE MOST SENSE TO EVERYBODY TO SIMPLY REZONE AND BRING EVERYTHING INTO CONFORMANCE MOVING FORWARD.

THEY DID GO OUT AND KNOCK ON SOME DOORS AND TALK TO SOME FOLKS.

WE DID ALSO HAVE SOME PHONE CALLS ONCE THE SIGNS WENT UP FROM FOLKS THAT DIDN'T GET A DOOR KNOCK.

PRIMARILY GENERAL QUESTIONS.

NO. NO OBJECTIONS.

SO AGAIN, LOCATION MAP, A LITTLE BIT CLOSER VIEW.

AND THERE IS A VERY RECOGNIZABLE STRUCTURE HERE AS YOU DRIVE UP AND DOWN WILSON, THAT I'M SURE THE VAST MAJORITY OF US RECOGNIZE.

AND AGAIN CURRENT ZONING SUBURBAN RESIDENTIAL.

LOW SINGLE UNIT FUTURE LAND USE MAP URBAN LOW INTENSITY REZONING CRITERIA.

IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

ALL PUBLIC FACILITIES AND SERVICES ARE AVAILABLE FOR THIS DEVELOPMENT, AND THE THE CHARACTER IS IS COMPATIBLE, PARTICULARLY GIVEN THE LONGEVITY OF THE EXISTING RETAIL USE ON THAT LOT.

CPC CONSIDERED THIS AND RECOMMENDED APPROVAL ON OCTOBER 5TH, AND STAFF RECOMMENDS APPROVAL AS WELL.

AND THAT IS ALL. THANK YOU, THANK YOU BILL.

THIS IS A TIME AND A PLACE FOR A PUBLIC HEARING ON THIS MATTER.

DOES ANYONE HERE WISH TO ADDRESS COUNCIL? LET THE RECORD INDICATE A PUBLIC HEARING HAS BEEN HELD WITH NO OBJECTIONS.

FOR THE RECORD COUNCIL COUNCIL MEMBER VANORNY.

I'LL JUST SAY I'M REALLY FAMILIAR WITH THE FAMILY.

AT LEAST TWO WHO PREVIOUSLY OWNED NEWPORT FLOWERS, AND KNOW THAT THERE WERE SOME BUILDING IMPROVEMENTS THAT NEED TO HAPPEN FOR THAT TO BE A VIABLE SPACE.

SO DEFINITELY IN SUPPORT OF THAT.

AND JUST WITH THE PARK DOWN THE STREET, I THINK ESPECIALLY HAVING A COFFEE SHOP WITHIN A WALKABLE DISTANCE IS GOING TO BE VERY WELL RECEIVED BY THE COMMUNITY THERE.

SO GREAT TO HAVE IT.

SEEING NO FURTHER QUESTIONS, THE APPROVAL OF THE ORDINANCE ON ITS FIRST READING HAS BEEN MOVED BY BY LOEFFLER, SECONDED BY HAGER.

[00:35:02]

WE HAD NO ONE SIGNED UP TO SPEAK FOR OUR PUBLIC FIRST PUBLIC COMMENT PERIOD.

SO WE WILL GO AHEAD AND MOVE ALONG.

CITY MANAGER POMERANZ, DO YOU HAVE ANY CHANGES TO THE AGENDA? NO CHANGE. DO ANY COUNCIL MEMBERS NEED TO RECUSE THEMSELVES ON ANY AGENDA ITEMS OR MAKE ANY CHANGES TO THE AGENDA? OKAY. NO CHANGES.

[MOTION TO APPROVE AGENDA]

THAT BRINGS US TO THE MOTION TO APPROVE THE AGENDA.

THE APPROVAL OF THE AGENDA HAS BEEN MOVED BY COUNCIL MEMBER TODD, SECONDED BY COUNCIL MEMBER SCOTT OLSON.

THANK YOU. COUNCIL. THAT BRINGS US TO THE CONSENT AGENDA.

[CONSENT AGENDA]

THE APPROVAL OF THE CONSENT AGENDA HAS BEEN MOVED BY HAGER, SECONDED BY OVERLAND.

MOVING ON NOW TO OUR REGULAR AGENDA.

THANK YOU. COUNCIL.

[28. Report on bids for the Edgewood Trail Bridge Phase 2B – Bridge Modifications and Trail project (estimated cost is $2,800,000) (Ken DeKeyser). CIP/DID #305124-03]

ITEM NUMBER 28 IS A REPORT ON BIDS FOR THE EDGEWOOD TRAIL BRIDGE.

PHASE TWO B BRIDGE MODIFICATIONS AND TRAIL PROJECT.

WITH AN ESTIMATED COST OF $2.8 MILLION.

KEN DEKEYSER IS HERE. CAN.

I'LL RECOGNIZE YOU. GOOD AFTERNOON, MAYOR AND COUNCIL.

KEN KAISER WITH PUBLIC WORKS.

THIS IS AN OVERVIEW OF THE PROJECT.

AS YOU MAY REMEMBER FROM OUR LAST MEETING, THIS WAS PREVIOUSLY BID ON MARCH 21ST, 2023 WITH NO BIDS RECEIVED.

THIS IS A PROJECT INCLUDES SOME BRIDGE MODIFICATIONS TO WIDEN THE SIDEWALK ON THE EAST SIDE TO A TRAIL WIDTH.

ALSO INVOLVES SOME BRIDGE REPAIR AND PAINTING AND REPAVING OF THE BRIDGE APPROACHES, AND THE UNIQUE FEATURE OF LINING THE WATER MAIN THAT'S HANGING CURRENTLY UNDER THE BRIDGE.

AS STATED, THE ENGINEER'S OPINION OF PROBABLE COST WAS $2.8 MILLION.

THIS IS PARTIALLY FUNDED BY SURFACE TRANSPORTATION BLOCK GRANT THROUGH THE FEDERAL GOVERNMENT, AND THE IOWA DOT LETTING OCCURRED JUST LAST WEEK ON OCTOBER 17TH. THIS IS A LOCATION MAP.

THIS IS THE EDGEWOOD ROAD BRIDGE OVER THE CEDAR RIVER.

AND THIS IS THE BID REPORT.

THERE ARE FIVE BIDDERS HERE.

THE RANGE FROM LOW $3,709,833.91 TO THE HIGH $4,434,591.93. NOW, AS WE NOTED, WITH THE 2.8 MILLION ENGINEER'S ESTIMATE, THE LOW BID WAS APPROXIMATELY $900,000, MORE THAN THE ENGINEER'S OPINION OF PROBABLE COST.

HOWEVER, WHEN WE LOOK AT THE RANGE OF BIDS, THAT WAS A PRETTY GOOD GROUPING.

SO WE FEEL LIKE THE BIDDERS WERE AT LEAST LOOKING AT IT.

THERE'S THREE OF THEM THERE.

THERE'S THE CONTAINMENT OF THE SANDBLASTING OVER THE RIVER, SOME REMOVALS AND SOME MOBILIZATION.

AND WHEN AN ENGINEER LOOKS AT THAT, IN THIS CASE, THEY FOUND A WIDE VARIATION IN COSTS THAT WERE BID THROUGH THE DOT.

AND IT'S REALLY HARD TO PUT DOWN A, TO NAIL DOWN A REALLY GOOD COST WHEN YOU'VE GOT KIND OF A WIDE GROUPING TO GO ON.

THE OTHER THING WAS LINING THE WATER MAIN.

THAT WAS A FAIRLY SIGNIFICANT COST INCREASE OR DIFFERENCE.

IT IS REALLY A RARE ITEM.

YOU DON'T TYPICALLY SEE THAT ON PROJECTS BID THROUGH THE IOWA DOT.

OUR CONSULTANT DID CONTACT CONTRACTORS TO TRY TO GET A FEEL FOR THE COST, AND THEY BASED THEIR ESTIMATE IN PART ON THAT AS WELL.

HOWEVER, IT'S IT'S NO GUARANTEE THAT THE BIDDERS ARE GOING TO GO OUT TO THE SUB CONTRACTOR DOING THE WATER MAIN WORK AND FOR THAT PARTICULAR ONE AND GETTING THAT THAT QUOTE FROM THEM.

I ALSO, I NOTICE ONE OF THE REASONS WHY THE COSTS WOULD HAVE BEEN HIGHER THAN THE ORIGINAL OPINION IS BECAUSE THESE BIDDERS ARE NOT LOCAL BIDDERS, AND THEIR MAJOR WORK IS A HEAVY HIGHWAY CONSTRUCTION TO THE IOWA DOT.

SO, THEY ARE BUSY ALL YEAR LONG AND GENERALLY WORKING ON HIGHER PRICED WORK.

RAMIFICATIONS OF NOT AWARDING THE CONTRACT AS YOU WERE PREVIOUSLY INFORMED, WE DID NOT GET A BID LAST APRIL FOR THE PROJECT.

I FEEL LIKE DELAYING IT.

THERE'S NO GUARANTEES.

WE'RE GOING TO SHARPEN OUR PENCILS AND WIPE OUT THE $900,000.

I THINK WE'RE JUST GOING TO HAVE FURTHER ISSUES OF NOT BEING ABLE TO AWARD THE CONTRACT.

WITH THAT, THERE IS NO ACTION TODAY ON THIS.

THE DOT STILL NEEDS TO REVIEW THE BID, AND THEN THEY'RE GOING TO ISSUE A CONCURRENCE ON THAT.

IF THEY IF THEY AGREE WITH IT.

AND THEN THE CONTRACT AWARD RECOMMENDATION COMES BACK TO THE COUNCIL, IT WOULD BE EITHER NEXT MEETING OR THE FOLLOWING MEETING FROM THERE.

AND JUST BEAR WITH ME BECAUSE THE NEXT BID REPORT IS MUCH BETTER.

SO WITH THAT, I HAND IT BACK TO THE MAYOR.

THANK YOU. CAN COUNCIL HAVE ANY QUESTIONS ON THIS ITEM?

[29. Report on bids for the Tower Terrace Road: Phase A – PCC Pavement project (estimated cost is $5,380,000) (Ken DeKeyser). CIP/DID #301666-06]

OKAY. WE'LL GO AHEAD AND MOVE ON TO 29.

AND THIS IS A REPORT ON BIDS OF THE TOWER TERRACE ROAD PHASE, A PCC PAVEMENT PROJECT WITH AN ESTIMATED COST OF $5,380,000.

[00:40:05]

I'LL RECOGNIZE YOU AGAIN.

THANK YOU. SO, THE OVERVIEW OF THIS IS THE TOWER TERRACE ROAD EXTENSION EAST OF MEADOW NOSE ROAD TO ALBURNETT ROAD.

THE ENGINEERS PROBABLE COST OPINION IS 5.38 MILLION.

THE IOWA DOT LETTING ALSO OCCURRED ON OCTOBER 17TH, AND THIS IS AN APRIL 24TH START WITH 100 WORKING DAYS THAT WOULD TAKE US OUT TO THE END OF NEXT YEAR'S CONSTRUCTION SEASON.

THIS IS A LOCATION MAP.

IT SHOWS THE BEGINNING OF PHASE A AND ENDING OF THAT PAVING EAST OF MEADOW KNOLLS.

I ALSO NOTED IN GREEN PHASE B THAT'S BETWEEN C AVENUE NORTHEAST AND MEADOW KNOLLS.

THAT IS A PROJECT COMING UP HERE FOR A DECEMBER LETTING WITH THE IOWA DOT.

THIS IS A BID REPORT.

THERE ARE EIGHT BIDS HERE, RANGING FROM THE LOW OF $4,052,498.27, UP TO THE HIGH $4,928,645.71.

AND LOOKING AT THE LOW BID VERSUS THE ESTIMATE.

NOW WE'RE APPROXIMATELY THE LOW BID IS 1.33 MILLION LESS THAN THE ENGINEER'S OPINION OF PROBABLE COST.

AND THAT'S ALSO A GOOD GROUPING AND RANGE OF BIDS.

AND HOW CAN THAT BE? WELL, THERE ARE THREE DIFFERENT THINGS THAT WERE DRIVING THIS.

THE SUB BASE, WHICH IS THE MATERIAL UNDER THE PAVEMENT AS WELL AS THE CONCRETE PAVEMENT AND TRAIL, WERE MAIN PRICE DRIVERS ON THIS ONE.

THE BIG DIFFERENCE IS, IS THE TYPE OF BIDDERS YOU HAVE.

THESE ARE ALL EASTERN IOWA BIDDERS.

THEY ARE MORE LOCAL. THEY WORK ON PRIMARILY CITY WORK AND DEVELOPMENT WORK, LESS SO OF THE HEAVY HIGHWAY WORK WITH THE DOT.

AND RIGHT NOW WITH THE CONSTRUCTION CLIMATE, IT'S A LITTLE MORE SHAKY FOR FOR THE LOCAL GUYS AND TRYING TO GET THAT WORKLOAD NAILED DOWN.

SO THEY'RE HUNGRY RIGHT NOW.

YOU KNOW, DEVELOPMENT WORK IS SOMEWHAT SLOWING.

SO THERE'S AN OPPORTUNITY THERE FOR THE MORE LOCAL BIDDERS.

AND I THINK THEY THEY BID THIS ONE VERY AGGRESSIVELY.

SO AGAIN, SIMILAR NEXT STEPS.

NOTHING TO DO TODAY THE IOWA DOT WILL REVIEW AND CONCUR, AND WE WILL BRING THIS BACK TO YOU IN A FOLLOWING AGENDA.

THANK YOU VERY MUCH.

THANK YOU, KEN. ANY QUESTIONS? ALL RIGHT. WE WILL GO AHEAD AND MOVE ON TO OUR ORDINANCES.

[30. Ordinance amending Chapter 7 of the Municipal Code, Police Department, to update a reference to the State of Iowa Income Offset program in Section 7.31.b.2. CIP/DID #OB0053]

ORDINANCE NUMBER 30 IS AN ORDINANCE AMENDING CHAPTER SEVEN OF THE MUNICIPAL CODE POLICE DEPARTMENT TO UPDATE A REFERENCE TO THE STATE OF IOWA INCOME OFFSET PROGRAM IN SECTION 7.31.B.2 THE APPROVAL OF THE ORDINANCE ON ITS SECOND READING HAS BEEN MOVED BY POE, SECONDED BY LEFFLER.

AYE. THOSE OPPOSED SAY NO, AND THIS MOTION CARRIES.

THANK YOU. COUNCIL.

COUNCIL MEMBER. POE.

THANK YOU. MAYOR. I MOVE THE RULE REQUIRING THREE READINGS ON THREE DIFFERENT DAYS, BE SUSPENDED, AND THE ORDINANCE BE ADOPTED ON ITS THIRD AND FINAL READING.

THANK YOU. THE ORDINANCE, THE ADOPTION OF THE ORDINANCE ON ITS THIRD AND FINAL READING HAS BEEN MOVED BY COUNCIL MEMBER POE, SECONDED BY COUNCIL MEMBER OVERLAND.

AND THIS MOTION CARRIES AT NUMBER 31 IS AN ORDINANCE AMENDING CHAPTER 61 OF THE MUNICIPAL CODE TRAFFIC REGULATIONS TO UPDATE A REFERENCE TO THE STATE OF IOWA INCOME OFFSET

[31. Ordinance amending Chapter 61 of the Municipal Code, Traffic Regulations, to update a reference to the State of Iowa Income Offset program in Section 61.138(f). CIP/DID #OB449776]

PROGRAM, SECTION 61.1 38F.

THE APPROVAL OF THIS ORDINANCE ON ITS SECOND READING HAS BEEN MOVED BY TODD, SECONDED BY VANORNY.

THOSE OPPOSED SAY NO, AND THE MOTION CARRIES.

THANK YOU. COUNCIL. COUNCIL MEMBER.

POE. THANK YOU.

MAYOR. I MOVE THE RULE REQUIRING THREE READINGS ON THREE DIFFERENT DAYS BE SUSPENDED AND THE ORDINANCE BE ADOPTED ON ITS THIRD AND FINAL READING, THE ADOPTION OF THE ORDINANCE ON ITS THIRD AND FINAL READING HAS BEEN MOVED BY POE, SECONDED BY HOEGER.

ITEM NUMBER 32 IS AN ORDINANCE AMENDING ORDINANCE NUMBER 016-23, WHICH ESTABLISHED NEW COLLECTION RATES FOR THE FISCAL YEAR 2024 UNDER CHAPTER 24 OF THE MUNICIPAL CODE SOLID WASTE AND RECYCLING TO CORRECT THE RATES.

[32. Ordinance amending Ordinance No. 016-23, which established new collection rates for fiscal year 2024 under Chapter 24 of the Municipal Code, Solid Waste and Recycling, to correct the rates. CIP/DID #SWM24-02]

THE APPROVAL OF THE ORDINANCE ON ITS SECOND READING HAS BEEN MOVED BY POE, SECONDED BY LOEFFLER.

THOSE OPPOSED SAY NO, AND THE MOTION CARRIES.

THANK YOU. COUNCIL.

COUNCIL MEMBER POE.

THANK YOU. MAYOR. I MOVE THE RULE REQUIRING THREE READINGS ON THREE DIFFERENT DAYS, BE SUSPENDED, AND THE ORDINANCE BE ADOPTED ON THIRD AND FINAL READING.

THANK YOU VERY MUCH.

THE ADOPTION OF THE ORDINANCE ON ITS THIRD AND FINAL READING HAS BEEN MOVED BY POE, SECONDED BY COUNCIL MEMBER SCOTT OLSON.