Agenda Setup

NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA City Council agendas are also available on the Internet at www.sioux-city.org.

You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held Monday, October 28, 2019, 4:00 p.m., local time, in the Council Chambers, 5th Floor, City Hall, 405 6th Street, Sioux City, Iowa, for the purpose of taking official action on the agenda items shown hereinafter and for such other business that may properly come before the Council. This is a formal meeting during which the Council may take official action on various items of business. If you wish to speak on an item, please follow the seven participation guidelines adopted by the Council for speakers: 1. Anyone may address the Council on any agenda item. 2. Speakers should approach the microphone one at a time and be recognized by the Mayor. 3. Speakers should give their name, spell their name, give their address, and then their statement. 4. Everyone should have an opportunity to speak. Therefore, please limit your remarks to three minutes on any one item. 5. At the beginning of the discussion on any item, the Mayor may request statements in favor of an action be heard first followed by statements in opposition to the action. 6. Any concerns or questions you may have which do not relate directly to a scheduled item on the agenda will also be heard under ‘Citizen Concerns’. 7. For the benefit of all in attendance, please turn off all cell phones and other communication devices while in the City Council Chambers.

1. Call of the Roll - Silent Prayer and Pledge of Allegiance to the Flag - Proclamations

CONSENT AGENDA

Items 2 through 10G constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member.

2. Reading of the City Council minutes of October 17, 21, and 23, 2019. (JOINT AIRPORT; REGULAR; JOINT PARKS AND RECREATION)

3. MYPAD - Resolution amending the guidelines for the HOME Investment Partnership Pro- gram funded MyPad Program which provides down payment and closing cost assistance for low-income households.

4. LIBRARY - Motion appointing Genevieve Radosti to the Library Board of Trustees for a partial term expiring June 30, 2022, replacing Richard Moon.

5. HAWKINS - Resolution awarding a purchase order to Hawkins, Inc. of Sioux Falls, South Dakota in the amount of $.51 per pound for the purchase of phosphate F-35 for the Water Treatment Plant for one year. (RFB No. 259113)

6. ANNUAL REPORTS

A. BUILDING - Motion accepting and approving the Building and Housing Code Board FY 2019 Annual Report.

B. AIRPORT - Motion accepting and approving the Sioux Gateway Airport FY 2019 An- nual Report.

7. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. KCB - Resolution authorizing and approving a development agreement and minimum assessment agreement with KCB Investments, LLC for the redevelopment of property in the Combined Floyd River Urban Renewal Area. (Property located at 3232 Highway 75 North)

B. IDOT - Resolution authorizing execution of the “Agreement for a Surface Transporta- tion Block Grant (STBG) Program Federal-aid Swap Project” Iowa DOT agreement number 3-19-STBG-SWAP-20, Project Number STGB-SWAP-7057(704)—SG-97 with the Iowa Department of Transportation in connection with the Myrtle Street Recon- struction Project. (West 23rd Street North one mile to West Clifton Street) (City Project No. 7048-719-289)

C. ENGINEERING - Resolution approving the contract and performance bond with Sioux City Engineering Company of Sioux City, Iowa in the amount of $1,359,987.28 for the construction of the Department of Transportation Project No. BROS-7057(697)—8J-97 (City Project No. 6874-719-355) Bluff Road Bridge Project.

D. JEO - Resolution approving Amendment No. 1 to the consulting services agreement with JEO Consulting Group, Inc. for additional construction services in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project (Project No. 6930A-719- 229) in an amount not to exceed $12,300.

E. DIXON - Resolution approving the contract and performance bond with Dixon Construc- tion Company of Correctionville, Iowa in the amount of $2,781,307.25 for the construction of the Riverfront Trail Connection Project, Iowa Department of Transportation Project No. TAP-U-7057(686)--8I-97. (City Project No. 7068-459-044)

8. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. FERRINI - Resolution approving payment of settlement. (Anthony Ferrini)

B. KJ ESTATES - Resolution approving partial settlement of a tort claim and authorizing payment thereof. (KJ Estates)

C. AG - Resolution accepting the work and authorizing final payment to AG Construction Inc. for the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project. (Project No. 6930A- 719-229)

9. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Restaurant De Arcos, 1917 Pierce Street (New) 2. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry-out) a. Cone Park, 3800 Line Drive (Renewal) b. La Juanita, 1316 Pierce Street (Renewal)

B. OFF PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Renewal) b. Circle S Gordon Drive, 2520 Gordon Drive (Renewal) 2. CLASS B NATIVE WINE PERMIT (Iowa wine only) a. Circle S Riverside, 2404 Riverside Boulevard (Renewal) 3. CLASS C BEER PERMIT (beer/wine coolers) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Renewal) b. Circle S Gordon Drive, 2520 Gordon Drive (Renewal) c. Circle S Riverside, 2404 Riverside Boulevard (Renewal) 4. CLASS E LIQUOR LICENSE (liquor only) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Renewal) b. Circle S Gordon Drive, 2520 Gordon Drive (Renewal)

10. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Airport Board of Trustees – August 8 and September 12, 2019 B. Active Transportation Advisory Committee – August 21, 2019 C. Board of Adjustment – October 8, 2019 D. Civil Service Commission – September 10, 2019 E. Mayor’s Youth Commission – September 9, 2019 F. Parking and Skywalk System Board of Trustees – October 16, 2019 G. Planning and Zoning Commission – September 24 and October 8, 2019

- End of Consent Agenda -

HEARINGS

11. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the 10th Street and Irene Street Paving Repair Project. (Project No. 7070-519-127)

PRESENTATION

12. Fire Safety Operational Permits

13. CITIZEN CONCERNS

14. COUNCIL CONCERNS

15. ADJOURNMENT

City Council agendas are also available at www.sioux-city.org.

The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204, (712) 279-6175. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990. SIOUX GATEWAY AIRPORT SIOUX CITY, IOWA OCTOBER 17, 2019

JOINT MEETING OF THE CITY COUNCIL AND THE AIRPORT BOARD OF TRUSTEES

A Joint Meeting of the City Council and Airport Board of Trustees was held at 12:05 p.m. The following Council Members were present on call of the roll: Groetken, Moore, Scott, and Watters. Absent: Capron.

Staff members present included: Robert Padmore, City Manager; Mike Collett, Assistant City Manager; Nicole DuBois, City Attorney; Amber Hegarty, Assistant City Attorney; Lisa McCardle, City Clerk; John Backer, Airport Operations Manager; and Melissa Uhl, Administrative Assistant.

Members of the Airport Board of Trustees present included: David Bernstein, Lawrence Christensen, Rita DeJong, Noelle Jacobs, Joseph Kruse, and Angie Schneiderman. Ab- sent: and David Kaplan.

Others present: Larry Finley, MidAmerican Air Museum Manager; Barbara Sloniker, Siouxland Chamber; and Woody Gottburg, KSCJ Radio.

Collett presented the Annual Airport Update listing highlights and accomplishments which included: American Airlines providing daily air service with 3 flights a day to Chi- cago and 1 daily flight to Dallas/Fort Worth; start of construction on Runway 17-35 Ex- tension and Reconstruction project; FAA funding for the Taxiway C south reconstruction project; award of an IDOT AIP Grant for Taxiway A pavement improvements; IDOT grants for marketing air service, hangar repairs, and terminal improvements; and host- ing the 2019 Iowa Public Airport Association Annual Conference for the first time with approximately 150 attendees.

Collett provided a brief overview of operating statistics, funding authorizations, and current projects which include Runway 17-35 extension and reconstruction, ramp improvements, and Taxiway C work; future projects include Taxiway A reconstruction.

Collett outlined Airport goals, for example: secure additional air service, begin Taxiway C south reconstruction project, complete terminal updates on the floor and exterior renovation project, obtain additional FAA and IDOT grants, continue hangar development plan, replace parking revenue equipment, and improved marketing strategies targeting passengers presentlyDRAFT flying out of Omaha.

Uhl provided information on the airport website which was recently updated to allow visitors to more easily navigate the site for information.

ADJOURNMENT

There being no further business, the meeting was adjourned at 12:51 p.m., on motion by Scott, seconded by Moore; all voting aye.

ATTEST: ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\101719jointAirportm

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CITY COUNCIL CHAMBERS SIOUX CITY, IOWA OCTOBER 21, 2019

1. The Regular Meeting of the City Council was held at 4:00 p.m. The following Council Mem- bers were present on call of the roll: Capron, Groetken, Moore, Scott, and Watters. Absent: None.

Staff members present included: Mike Collett, Assistant City Manager; Nicole M. DuBois, City Attorney; and Lisa McCardle, City Clerk.

Mayor Scott, on behalf of the City Council, read three proclamations. The first proclaimed Octo- ber 24th as “World Polio Day” in Sioux City; accepted by Bruce Kalin, Rotary Club; a second proclaimed October 24th as “Lights on Afterschool Day” in Sioux City; accepted by Mandy En- gel-Cartie, Executive Director Girls Inc., and a third proclaimed October 23rd through 31st, as “Red Ribbon Week” in Sioux City; accepted by Britney Book, Executive Director of Siouxland Cares.

2. Interview for the Library Board of Trustees: Genevieve Radosti

CONSENT AGENDA

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 15C are approved unanimously unless specifically noted after the item.

3. Reading of the City Council minutes of October 14 and 15, 2019.

Reading of the minutes of October 14 and 15, 2019, was waived and as part of the consent agenda the minutes were approved as presented.

4. BOA - Motion acknowledging Board of Adjustment actions of October 8, 2019. 2019-0853

5. PARKS - Resolution fixing fees for services provided by the Parks and Recreation Depart- ment and rescinding Resolution No. 2018-0976. 2019-0854

6. PUBLIC FUNDS - Resolution designating depositories for public funds. 2019-0855

7. FSS - Resolution approving an application to fund two Housing Choice Voucher Family Self-Sufficiency Program Coordinators for FY 2019 under the Notice of Funding Availability from the U.S. Department of Housing and Urban Development in the amount of $144,000 and authorizing and directing the Housing Services Division Manager to execute the required assurances and certifications in connection with said program application. 2019-0856

8. BARKER - Resolution approving a Second Amendment to the Consulting Services Agree- ment with Barker Lemar Engineering Consultants for additional regulatory assistance, and for the installation of gas vents and a groundwater monitoring well for the closed 28th Street landfill in an amountDRAFT not to exceed $32,140. 2019-0857

Mark Simms, Utilities Director, provided information on the item.

9. LEGAL - Resolution appointing Steven R. Postolka as Assistant City Attorney II. 2019-0858

Nicole M. DuBois, City Attorney, provided information on the item.

10. EAB - Motion appointing Joschua Schanda to the Environmental Advisory Board for a partial term expiring December 31, 2019, replacing Craig Keiser, and reappointing Joschua Schanda for a three-year term expiring December 31, 2022. 2019-0859

11. MID COUNTRY - Resolution awarding a purchase order to Mid Country Machinery Inc. of Sergeant Bluff, Iowa in the amount of $204,450 for the purchase of a Kobelco Excavator. (RFB No. 258635) 2019-0860

12. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. NELSON - Resolution accepting the work and authorizing final payment to K&S, LLC doing business as Nelson Commercial Construction for the installation of two (2) park shelters. (Project No. 459-180) 2019-0861

B. GLOBAL - Resolution accepting the work and authorizing final payment to Global En- gineering & Construction, Inc. for the Sioux City Art Center Renovation Project. (Project No. 7001-339-003) 2019-0862

13. ACTIONS RELATING TO PROPERTY

A. FIBERCOMM - Resolution granting a permit to FiberComm LC to own, operate and maintain underground cable commencing at the southwest corner of 11th Street and Division Street, extending east for 220’ and crossing under Division Street, then extending north for 65’ under 11th Street, then continuing north for 845’ on private property ending at 1321 Lewis Boulevard. 2019-0863

B. USCOC - Resolution proposing to lease certain real property to USCOC of Greater Io- wa, LLC for installation, operation and maintenance of a communications system and authorizing and directing publication of notice to lease such real estate. (Portion of the guyed tower and adjacent ground space located at 4201 Cheyenne Boulevard) 2019-0864

Moore abstained on the item due to a conflict of interest.

C. FRIENDS - Resolution inviting proposals for the lease of land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the proposal of Friends of Andrew Yang, NPC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Space No. 1B in the Martin Luther King Jr. Ground Transportation Center located at 521 Nebraska Street) 2019-0865

14. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Jim’s,DRAFT 4503 Stone Avenue (Renewal) 2. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry-out) a. Elfredos Heartland Pizza, 523 West 19th Street (New)

B. OFF PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Sam’s Mini Mart, 923 West 7th Street (Renewal)

2. CLASS C BEER PERMIT (beer/wine coolers) a. Abarrotes Aguilar, 1001 Court Street (Renewal) b. Braunger Steak Co., 1436-1440 Hamilton Boulevard (Renewal) c. Hy-Vee Gas No. 3, 3333 Gordon Drive (Renewal) d. Sam’s Mini Mart, 923 West 7th Street (Renewal) e. Sarg’s Mini Mart, 3407 Glenn Avenue (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Sam’s Mini Mart, 923 West 7th Street (Renewal)

15. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Building and Housing Code Board – October 1, 2019 B. Parks and Recreation Advisory Board – October 2, 2019 C. Sports Commission – October 9, 2019

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

16. Hearing and Ordinance vacating all that part of the east/west alley adjacent to 1213 South Royce Street and the north/south alley adjacent to 4014 Stone Avenue, including the intersection of the alleys. (Petitioner: Jean Barr) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0062) 2019-0866

Jason Geary, Planning and Zoning Commission Chair, provided information on the item.

Motion by Scott, seconded by Capron, to close the hearing and pass first consideration of the ordinance; all voting aye.

On motion by Scott, seconded by Moore, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye.

17. Hearing and Ordinance vacating that portion of West Street lying between West 1st Street and the east/west alley approximately 100 feet north of Highland Avenue. (Petitioner: Mark Baker) The Planning and Zoning Commission recommends approval of this item. (File 2019-0072) 2019-0867

Jason Geary, Planning and Zoning Commission Chair, provided information on the item.

Motion by Scott, seconded by Watters, to close the hearing and pass first consideration of the ordinance; allDRAFT voting aye.

18. Resolution accepting and approving the Final Plat of Shirley Oaks Addition to Sioux City, Woodbury County, Iowa. (1914 South Fairmount Street) (Petitioner: Gene Sherman) The Planning and Zoning Commission recommends approval of this Item. (File No. 2019-0067) 2019-0868

Jason Geary, Planning and Zoning Commission Chair, provided information on the item.

Motion by Scott, seconded by Groetken, to close the hearing and pass first consideration of the ordinance; all voting aye.

HEARINGS

19. Hearing and Resolution accepting the proposal of The Iowa Department of Transportation for the granting of a temporary easement in certain land in the Combined Central Sioux City -CBD Urban Renewal Area. (a portion of Chris Larsen Park property located in the 1100 block of Chris Larsen Park Road) 2019-0869

No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Moore; all voting aye.

20. Resolution accepting the proposal of The Iowa Department of Transportation for the purchase of certain land in the Combined Central Sioux City -CBD Urban Renewal Area and authorizing sale of said property. (vacated portion of Chris Larsen Park property located in the 1100 block of Chris Larsen Park Road) 2019-0870

Motion by Scott, seconded by Watters, to amend the item by adding the word “hearing” to the heading, thus making it read correctly as “Hearing and Resolution accepting the proposal of the Iowa Department of Transportation…”; all voting aye.

No protests were received. The hearing was closed and the proposed resolution adopted as amended on motion by Scott, seconded by Moore; all voting aye.

21. Hearing and Resolution approving proposal to grant a temporary easement. (a portion of Riverside Park property located at 100 Riverside Boulevard) (Petitioner: Iowa Department of Transportation) (Purchase Price: Mutual Benefits) 2019-0871

No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Moore; all voting aye.

22. Hearing and Resolution approving proposal to sell certain real property and authorizing a quitclaim deed. (vacated portion of Riverside Park property located at 100 Riverside Boule- vard) (Petitioner: Iowa Department of Transportation) (Purchase Price: Mutual Benefits) 2019-0872

No protests were received.DRAFT The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Moore; all voting aye.

ORDINANCES

23. Ordinance adding a new chapter to the Sioux City Municipal Code to be entitled “North- brook Urban Revitalization Area Plan.” 2019-0873

The ordinance was considered on motion by Scott, seconded by Capron, to pass first consideration; all voting aye.

24. Ordinance repealing Chapter 7.10 of the Sioux City Municipal Code entitled “Pit Bulls Pro- hibited.” (First Consideration approved October 14, 2019)

Deric Hardnett, 1311 Jackson St; Marjorie Hattig, 1409 Prescott St; Richard Kudrna, 4830 Brad- ford Ln; Jim Rixner, 114 Midvale Ave; Stefanie Maher, 1314 Hill Ave; Verlyn Schaap, 4820 Ox- ford Dr; Mark Solheim, 2909 Garretson Ave; Glenn Baker, 2017 W 14th St; and Robert Dean Nelson, Jr., 519 Division St, Ledyard, Iowa; spoke on the item.

The ordinance was considered on motion by Scott, seconded by Watters, to pass second consideration; Capron, Scott, and Watters voting aye; Groetken and Moore voting nay. Council directed staff to present the ordinance for third consideration on No- vember 4, 2019.

25. CITIZEN CONCERNS

There were no additional citizen concerns.

26. COUNCIL CONCERNS

Watters inquired about ordinances pertaining to keeping bees in the City; DuBois stated there are State regulations and she will forward Watters the information. Watters also inquired about using renewable fuels for Transit and fleet vehicles to save money and the environment; Collett stated Transit is currently using both kinds of fuels but he will investigate City-wide use of etha- nol fuels.

27. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:32 p.m., on motion by Scott, seconded by Watters; all voting aye.

ATTEST: ______DRAFT ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\102119m

LLFRC SIOUX CITY, IOWA OCTOBER 23, 2019

JOINT MEETING OF THE CITY COUNCIL AND THE PARKS AND RECREATION ADVISORY BOARD

A Joint Meeting of the City Council and Parks and Recreation Advisory Board was held at 12:00 p.m. The following Council Members were present on call of the roll: Capron, Groetken, Moore, Scott, and Watters. Absent: None.

Staff members present included: Nicole M. DuBois, City Attorney; Matt Salvatore, Parks and Recreation Director; Heidi Farrens, Deputy, City Clerk; Angel Wallace, Parks and Recreation Manager; Todd Lien, Ice Event Coordinator; John Byrnes, Cone Park Operations; and Kelly Bach, Parks Maintenance Field Supervisor.

Members of the Parks and Recreation Advisory Board present included: Gretchen Baller, Cindy Brewer, Scott Brouillette, Andrew Glisar, Brad Krommenhoek, Fran Palmersheim, and Raymond Thomas.

Brewer welcomed everyone, lead introductions, and thanked volunteers, donors, and the City Council for their support.

Salvatore shared the progress of projects including the Chris Larsen Park Riverfront Redevel- opment, the Siouxland Expo Center, and Sioux City Trails. A video was shared displaying a fly- over model view of the Riverfront Redevelopment and Expo Center.

Salvatore reported ibp Ice Center highlights which included the completion of parking lot resurfacing; the replacement of a cooling tower and two ice plant compressors; and the installation of protective netting for added safety.

Byrnes shared the highlights of aquatic programs. FY 2019 pool attendance increased overall to 56,331 along with the attendance at Free Friday Night Swims bringing in more than 4,700 pa- trons over nine events. Other highlights included over 325 coupon books (25 passes per book) were provided to qualified families at no charge; a salary step program for returning pool staff was initiated; a 62% return rate for Pool employees was achieved; and major improvements to Riverside Pool including electrical upgrades and pool resurfacing were completed.

Byrnes discussed youth and adult recreation. Recreation programing increased 28% from FY 2018. The department held four pop-up parks with over 1,300 people attending the events held at the Farmer’s Market, Dale Street Park, Lewis Park, and Riverside Park. Byrnes reported the success of adult recreation expansion including Corn Hole at Cone Park and the addition of Beer Yoga.

Byrnes shared the successes of Cone Park. Private rentals of the park are increasing. There were 59 private rentalsDRAFT and activities held in the Lodge. Cone Park received the 2019 Iowa Tourism Outstanding Attraction Award. The addition of the bunny hill made the park more inclu- sive for all ages. Discussion was held inviting ideas to continue making Cone Park a summer destination in addition to a winter park.

Salvatore discussed park improvements across Sioux City which included new restroom facilities at all Splash Pad locations; new shelters and a restroom facility installed at Riverside Park; a new restroom at Bacon Creek Park; repair of roadways at Graceland Cemetery; and pollinator planting in Coles Addition.

Salvatore provided information on community outreach efforts. Wallace secured the re- designation of an Iowa Great Place by the Iowa Arts Council. In partnership with the Mayor’s Youth Commission, the Leif Erikson Park Disc Golf Course was completed. More than 1,100 volunteers participated in Litter Dash. 3,860 pounds of litter where picked up during the event which is 260 pounds more than last year.

Salvatore offered the FY 2021 goals which include beginning Phase 1 of Riverfront Redevelop- ment; Siouxland Expo Center Completion; Riverfront Trail, Leeds Trail, and Big Sioux Trail Connection Completions; and to complete the Lewis and Clark parking lot, concourse, and box office projects.

Salvatore shared the Healthy Community video. Discussion was held regarding the need to share the video along with all successful highlights with the public. The City Council expressed their pride of the Parks and Recreation Department’s accomplishments and Board’s commitment to enhancing Sioux City. Discussion was held regarding new ideas for future projects and events.

The City Council thanked Salvatore and the Board and commended them on all the hard work they have done. Salvatore thanked the City Council for all of their support.

ADJOURNMENT

There being no further business, the meeting was adjourned at 1:03 p.m., on motion by Scott, seconded by Watters; all voting aye.

ATTEST: ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\102319jointm

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x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 3 FROM: Amy Keairns, Neighborhood Services Project Coordinator

Resolution amending the guidelines for the HOME Investment Partnership SUBJECT: Program funded MyPad Program which provides down payment and closing cost assistance for low-income households.

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the above resolution amending the guidelines for the HOME Investment Partnership Program funded MyPad Program which provides down payment and closing cost assistance for low-income households.

DISCUSSION: The City of Sioux City has been providing Department of Housing and Urban Development (HUD) HOME Investment Partnership Program (HOME) funded MyPad down payment/closing cost assistance program since 2011. Depending on the location of the home, either $5,000 or $10,000 in down payment/closing costs assistance was provided. The Period of Affordability was five years, meaning if the homebuyer sold the property within five years, they would have to pay back the portion of funds that wasn’t forgiven from available sales proceeds.

On July 24, 2013, HUD published the 2013 HOME Final Rule, which changed the down payment/closing cost requirements. Staff was no longer able to provide a specific amount of assistance. The Final Rule required staff to conduct intensive underwriting and provide only the minimum dollar amount of assistance required to close the mortgage loan. Depending upon income, debt, and the price of a house, the minimum amount of assistance required could vary greatly from homebuyer to homebuyer.

Staff rewrote the MyPad program to meet the Final Rule and presented the revised program to Council on April 21, 2014. The guidelines presented to City Council allowed for applicants to receive between $1,000 to $14,999 with a five-year Period of Affordability. Council asked staff to lengthen the Period of Affordability to ten years, and staff indicated they were recep- tive to that change. A motion was made to change the Period of Affordability from five to ten years and the revised program was approved pursuant to Resolution No. 2014-0230.

Since that time, staff has received new information from HUD that the City is required to return to HUD any funds provided to a homebuyer that doesn’t meet the Period of Affordability. A ten-year Period of Affordability means that for ten years: • Homebuyer must live in the property as their principal residence. • One-tenth of the funds provided to the homebuyer is forgiven each year they remain

the owner-occupant. After ten years, the Period of Affordability is met and terminated. • If the homebuyer sells the property, the funds that have not been forgiven are repaid to the City from available sales proceeds and the Period of Affordability is met and terminated. • If the homebuyer does anything except live in the property as their principal residence or sell the property (i.e., transfer, vacate, rent, foreclose), the Period of Affordability is not met and the City is required to repay the funds to HUD.

In short, if a homebuyer walks away from the house, uses it as a rental or forecloses, the City is required to pay funds to HUD from local dollars. A lot can happen to a household in ten years. By reducing the Period of Affordability to five years, staff believes the risk of having to pay local funds to HUD is cut in half.

FINANCIAL IMPACT: HOME funds are available to provide assistance as part of the MyPad Program. Any loans repaid become Program Income and are used to offer HOME-eligible activities such as homebuyer subsidies and developer subsidies for affordable housing.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Quality of Life Focus Area – Grow Sioux City

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution MyPad Guidelines

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AMENDING THE GUIDELINES FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM FUNDED MYPAD PROGRAM WHICH PROVIDES DOWN PAYMENT AND CLOSING COST ASSISTANCE FOR LOW-INCOME HOUSEHOLDS.

WHEREAS, on April 21, 2014, pursuant to Resolution No. 2014-0230, the City of Sioux City adopted the HOME Investment Partnership Program funded MyPad Program which provided guidelines, rules and regulations for down payment and closing cost assistance for low-income households; and

WHEREAS, the City of Sioux City proposes to amend the HOME Investment Partnership Pro- gram funded MyPad Program guidelines by changing the Period of Affordability from ten years to five years; and

WHEREAS, City of Sioux City staff have prepared amended MyPad Program Guidelines, a copy of which is attached hereto and by this reference incorporated herein, which should be approved as to form and content; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Guidelines for the HOME Investment Partnership Program funded MyPad Pro- gram, which outlines the process and requirements for down payment and closing cost assistance for low-income households be and the same are hereby amended by changing the Period of Affordability from ten years to five years.

BE IT FURTHER RESOLVED that the City Manager or his designee be and they are hereby authorized and directed to make administrative changes from time to time to the MyPad Pro- gram Guidelines.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

MyPad Guidelines

Intake, Processing, Approval, Appeals and Waivers

The City of Sioux City offers MyPad – a down payment assistance program. This program provides for a minimum of $1,000 and a maximum of $14,999 in down payment/closing cost assistance to home purchasers whose household incomes are less than 80 percent of the median income for Sioux City, Iowa. Amount of assistance needed is dependent upon the buyer’s cir- cumstances and will be the minimum amount of cash needed to close. Applicants with a need of less than $1,000 are not eligible for assistance. All applicants will need to apply through the City of Sioux City Neighborhood Services Division (SCNSD) to determine mortgage readiness. Fi- nancing will be limited to products that meet the MyPad Responsible Lending Policy

Eligibility Requirements

All approved applicants must be low income as defined by the Department of Housing and Ur- ban Development. Low income for the purposes of this program is defined as total household income being less than 80 percent of the median income for Sioux City, Iowa. The maximum annual incomes for applicants are currently as follows and will be adjusted as published in the Federal Register: 1 person household $38,950 2 person household $44,500 3 person household $50,050 4 person household $55,600 5 person household $60,050 6 person household $64,500 7 person household $68,950 8 person household $73,400

Intake Process

Prospective applicants will be provided with a copy of MyPad Pre-Application Homebuyer In- formation and a MyPad Application. Applicants must submit a completed application with all required attachments. Applications are reviewed in the order of completed applications received.

Processing the Application

The Neighborhood Services Project Coordinator will review the application and attachments to determine if the applicant meets the income requirement. Instructions for determining income is laid out in the My Pad Income Verification Policy. The application will then be given to the Ad- ministrative Secretary to verify the income calculation. If the applicant meets the income requirement, the Neighborhood Services Project Coordinator will then review the application to determine if the applicant can afford a home and if the applicant qualifies for assistance based on the MyPad Underwriting Guidelines.

Approval

After the prequalification process is completed and it appears the applicant meets all of the requirements for the MyPad Program, the Neighborhood Services Project Coordinator will contact the applicant by telephone, email, text, or letter and have them come in for an appointment. At that time, the file information will be reviewed and confirmed, and the applicant will provide answers to any questions that remain. Once that process is complete, the applicant will be provided with a Certificate of Eligibility and the Neighborhood Services Project Coordinator will go over the MyPad Post Application information, which includes the following information:

• Applicant is required to obtain mortgage financing from a local lender within ten miles of Sioux City without a co-signer. The mortgage financing must be meet the requirements under the MyPad Responsible Lending Policy and will be reviewed prior to closing. • The minimum amount of MyPad assistance required to close the loan will be provided. • An accepted offer on a home must be secured within 60 days of receiving the Certificate of Eligibility. One extension may be granted. • The house must cost $135,000 or less (this amount is published by HUD each year and is subject to change) and the house payment cannot exceed MyPad Underwriting Guidelines. • The house must be owner-occupied or vacant for at least 90 days if a rental tenant previously occupied the property. • The house must pass the MyPad inspection prior to closing. • Applicant must complete Home Buyer Education class provided by Center For Siouxland Consumer Credit Counseling at 712-252-1861, extension 47. • A promissory note and second mortgage will be recorded against the property to secure the deferred payment loan. A deed restriction will be recorded against the property as well. • The deferred payment loan will be forgiven at a rate of 20% per year for five years as applicant lives in the home as the owner occupant. The house may be sold within the first five years and applicant will be required to pay back the portion of the deferred payment loan that hasn’t been forgiven. • If the home is vacated for any reason other than selling the home, the entire amount of the deferred payment loan will be due and payable immediately to the City.

After the appointment with the applicant, a letter will be sent to the lender and the realtor indicat- ing the applicant has been preapproved for the MyPad program.

Denial

If the applicant does not qualify for the MyPad program, a letter will be sent advising the reason for denial. Applicants wishing to appeal must follow the process laid out in the City of Sioux City’s Grievance Policy.

Program Termination

This program will be ongoing until all of the allotted funds are exhausted, or the program end by Council determination.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 4 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk Motion appointing Genevieve Radosti to the Library Board of Trustees for a SUBJECT: partial term expiring June 30, 2022, replacing Richard Moon.

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests that City Council appoint the above applicant to the Library Board of Trustees.

DISCUSSION: The above-mentioned individual completed an application and appeared before the Council to interview for a position on the Library Board of Trustees; the Council has indicated their preference to appoint her.

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in municipal government.

Relates to Progressive Leadership Vision - We will use formal and informal methods to en- gage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision; and the Strategy - Develop strong partner- ships with our residents, visitors, and business community.

ALTERNATIVES: Council may approve the appointment as listed or withdraw their preference and wait for additional applications to be submitted for the open position.

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 5 Mark Simms, Utilities Director FROM: Brad Puetz, WTP Superintendent Spero Vlahoulis, Purchasing Manager

Resolution awarding a purchase order to Hawkins, Inc. of Sioux Falls, SUBJECT: South Dakota in the amount of $.51 per pound for the purchase of phosphate F-35 for the Water Treatment Plant for one year (RFB#259113).

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Resolution awarding a purchase order to Hawkins, Inc. of Sioux Falls, South Dakota in the amount of $.51 per pound for the purchase of phosphate F-35 for the Water Treatment Plant for one year (RFB#259113).

DISCUSSION: The Water Treatment Plant purchases phosphate F-35 to treat the drinking water supply and uses approximately 90,000 pounds annually. Phosphate F-35 was last bid out in 2018 and the bid price was $.55 per pound. Invitations to bid were sent to eleven (11) companies thought to provide phosphate F-35. Two bids and one no-bid were received. The bids received are as follows:

Hawkins Inc. Carus Corporation Sioux Falls, SD Peru, Il Phosphate F-35 per $.51; Annual total of $.56; Annual total pound $45,900.00. of $50,400.00 Estimated Annual Use of 90,000 Pounds Dollar Difference in Not Applicable $4,500.00 Price from Low Bid Percentage Difference Not Applicable 9.80% in Price from Low Bid

The pricing is good for one year and may continue for two additional one-year periods, if the price remains the same and both parties agree.

FINANCIAL IMPACT: Accounts #510-2101-452.30-12 Water Fund Utilities, Southbridge Water Plant, Chemicals and 510-2104-452.30-12 Water Fund Utilities, Southbridge Water Plant, Chemicals.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Health and Safety.

ALTERNATIVES: Reject bid.

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION AWARDING A PURCHASE ORDER TO HAWKINS, INC. OF SIOUX FALLS, SOUTH DAKOTA IN THE AMOUNT OF $.51 PER POUND FOR THE PURCHASE OF PHOSPHATE F-35 FOR THE WATER TREATMENT PLANT FOR ONE YEAR (RFB#259113).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Hawkins, Inc. of Sioux Falls, South Dakota in the amount of $.51 per pound for the purchase of phosphate F-35 for the Water Treatment Plant for one year (RFB#259113).

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 6A FROM: Darrel Bullock Code Enforcement Manager

Motion accepting and approving the Building and Housing Code Board FY SUBJECT: 2019 Annual Report

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve a motion accepting the Building and Housing Code Board’s FY19 Annual Report.

DISCUSSION: The Building and Housing Code Board advises the City Council in matters relevant to the safe and appropriate construction and maintenance of all buildings and dwellings in the City. The Board reviews licenses of hydronic engineering applications. The Board periodically reviews the local building and housing codes and recommends improvements. The Board hears citizen appeals of decisions or code interpretations which have been made by Inspection Ser- vices Division.

The Building and Housing Board has reviewed and approved the Annual Report. Staff recommends the City Council approve the motion accepting the Building and Housing Code Board’s FY19 Annual Report.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: We will enhance public health and safety by reviewing local building and housing codes and recommending improvements to ensure safe and appropriate construction and maintenance of all buildings and dwellings in the City.

ALTERNATIVES: None

ATTACHMENTS: Building and Housing Code Board Annual Report FY19

CITY OF SIOUX CITY, IOWA BUILDING AND HOUSING CODE BOARD ANNUAL REPORT FY 2019 July 1, 2018 – June 30, 2019

I. MISSION STATEMENT

The intent of the Board is to ensure appropriate construction and maintenance of all buildings and dwellings in the City.

II. ACTIVITY SUMMARY

The Building and Housing Code Board meet five times during FY19. Applications for Hydronic Engineer and Pipe Layer Testing were reviewed. During the July meeting discussion was held on revising the Stationary Engineer Licenses. An appeal was heard at the October meeting as well as Stationary Engineer Applications were approved. On October 30,2018 an appeal was heard regarding 3087 Floyd Boulevard. During the January meeting a discussion was held on Permit fees and the 2017 NEC. At the April meeting an appeal was heard regarding the Warrior- Davidson Building.

III. Accomplishments

Reviewed building codes for adoption in conjunction with the state. Reviewed and obtained Council approval for Building Permit fees increase Heard three appeals requests.

IV. Goals for FY20

Update Boiler Operator Licensing Update Plumbing and Mechanical code to be concurrent the State requirements Review and approve updates to the Property Maintenance Code for adoption

V. BOARD MEMBERS

The Building and Housing Board Members currently are as follows: Barney Pottebaum Electrical Contractor Chairman Willie Delfs Residential Contractor Vice-Chairman Mark Corbin Plumbing Contractor Dennis Dufault Mechanical contractor Steve Bruening Structural Engineer Matt Thompson Commercial Contractor Ron Speckman Architect Kim Willer Landlord Doug Rose Citizen

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 6B FROM: Mike Collett, Assistant City Manager

Motion accepting and approving the Sioux Gateway Airport FY 2019 Annual SUBJECT: Report.

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve a motion accepting and approving the Sioux Gateway Airport Board of Trustees’ FY2019 Annual Report.

DISCUSSION: As required by City Municipal Code, Section 2.66.070 Annual Reports, the Sioux Gateway Airport Board of Trustees has completed its FY2019 Annual Report of the Airport’s accomplishments for the prior fiscal year, activities and goals for the upcoming year.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: By providing this annual report, we are keeping the City Council and public informed of the activities of the Sioux Gateway Airport Board of Trustees.

ALTERNATIVES: There are no alternatives as this is required by Section 2.66.070 of the Municipal Code.

ATTACHMENTS: Sioux Gateway Airport FY 2019 Annual Report

ANNUAL REPORT OF THE AIRPORT BOARD OF TRUSTEES

JULY 1, 2018 THROUGH JUNE 30, 2019

Prepared for City Council City of Sioux City

ANNUAL REPORT OF THE AIRPORT BOARD OF TRUSTEES (July 1, 2018 through June 30, 2019)

Prepared for City Council City of Sioux City, Iowa

Per requirements set forth in Section 2.66.070 of the Municipal Code of the City of Sioux City, Iowa, the Airport Board of Trustees shall prepare and submit an annual report to the City Council in December of each year.

Components of the report are as follows:

• General Information • Financial Report • Accomplishments • Future Undertakings

GENERAL INFORMATION

The Airport Board of Trustees was created through Chapter 2.32 of the Municipal Code adopted by the City Council on July 1, 1995. The Board meets on the second Thursday of each month. The Board is composed of seven members appointed for three-year terms by the City Council. Members of the Board of Trustees on June 30, 2019 were as follows:

David Bernstein, President Angie Schneiderman, Vice President Vincent Kramper, Secretary Darrell Jesse Noelle Jacobs Rita DeJong David Kaplan

The primary responsibilities of the Board of Trustees:

The Board shall have the following powers:

1. To make and enforce rules and regulations for the control, operation, supervision and maintenance of the facilities.

2. To buy, lease, sell, or exchange any property, real or personal, for the benefit and efficient operation of the facilities under such terms and conditions as the board shall determine, providing no sale or lease of personal property in excess of one year shall be valid unless approved by the City Council. Sale or exchange of real property and leases of real property in excess of three years shall be subject to the approval of the city council.

3. To determine the rates and fees for the use of the facilities and services.

4. To regulate advertising within the facilities and on behalf of the facilities.

5. To apply for and accept grants or subsidies from any other unit of government, provided that grants requiring the financial participation of the City, not otherwise budgeted, shall require city council approval.

6. To make such recommendations concerning the procurement of insurance as is felt necessary for the protection of the facilities.

7. To actively market and advertise the services offered by the facilities.

8. To receive, reject, accept, hold and/or dispose of all gifts, donations, devises and bequests that may be made to the City for the purpose of establishing, increasing or improving the facilities, but when any such gift, donation, devise or bequest is conditioned upon any act of the city, the city council must first determine whether such condition can or shall be complied with.

9. To enter into contracts for expenditure of funds, not to exceed $10,000 as provided in the approved budget

10. To make recommendations to the City Council for the employment of a compe- tent person as director of the airport who shall be the administrative head of the airport or to otherwise provide for operation and marketing of the airport. (Ord. 2015-0963; 95/U-3255)

ACCOMPLISHMENTS Commercial Air Service – Commercial air service continues to grow. American Airlines provided commercial daily air service with three flights a day between Sioux City and Chicago and one daily flight to Dallas/Fort Worth. The enplanement statistics reflect the increase in passengers due to the added DFW flight May 5, 2016 and added Chicago flight beginning this fiscal year on September 5, 2018.

Staff and board members have continued to meet with airlines to develop new service with USDOT SCASD grant funding and solidify current service. We continue to monitor current strategies and factors for commercial service potential and air service meetings. Factors that impact demand are airfares, nonstop service availability and the quality and capacity of air service offered.

The airport had major construction improvements during the year with the start of the Run- way 17-35 Extension and Reconstruction project. This is a multi-phase project and expected to be complete in June 2020.

The Airport has received FAA funding for the Taxiway C south reconstruction project of $3.5M and will provide for 90% of the construction costs. Grant funding for the construction and bidding was completed in 2019 with construction planned 2020 after the 17-35 runway project is complete. The overall project will include the removal of concrete and asphalt pavement, reconstruction and narrowing of Taxiway C to be right sized for current and future aircraft with asphalt, reconstructing the entrance to the south GA Ramp, expanding the drainage basin, updating LED lighting, and signage.

The airport was awarded an IDOT AIP Grant for Taxiway A pavement improvements ($425K) and will work with the 185th ANG and FAA for a multiple revenue source coordinat- ed project.

The airport has bid and awarded 2 IDOT AIP projects for pavement improvements that include 1) rehabilitation of the North GA Ramp Taxilane and 2) construction of the North GA Ramp Grass Island.

The airport has bid and awarded the terminal renovations project which includes rehabilitation of the floor and exterior tower skin. This work is expected to be complete by May 2020.

We received an IDOT Air Service Grant ($48K) for marketing air service to include improved passenger loading equipment and an IDOT Commercial Service Vertical Infrastructure Grant ($135K) for hangar repairs and terminal improvements.

The airport prepared a terminal advertising RFP and awarded a contract to provide a new revenue source and updated look.

The airport website was updated during the year to allow visitors to more easily navigate for information.

Sioux City hosted the 2019 Iowa Public Airport Association annual conference in April for the first time with approximately 150 attendees.

Operating Statistics

Passenger 50000 Enplanements 47,800 43,624 45000 42,784 General Aviation 40000 operations 35000 31,113 Military 30000 26,797 operations 25000 20000

15000 11,957 10,958 10,714 10,500 9,918 10000 3,562 3,307 2,926 2,848 5000 2,680 0 2019 2018 2017 2016 2015

GOALS FOR THE UPCOMING YEAR

Secure additional air service with additional service to Dallas or Chicago and/or new service to western destinations such as Denver or Phoenix. Continue toward making the airport self-sustaining.

Complete shift and reconstruction of the Crosswind Runway 17-35 and plan for other airfield improvements

Plan and begin Taxiway C south reconstruction project.

Complete terminal updates on the floor and exterior renovation project.

Continue to pursue landside and other potential development by working with the Economic Development Department.

Obtain FAA and IDOT grants for airport improvements, vertical infrastructure and air service marketing.

Continue hangar development plan and maintain/update existing airfield pavement needs.

Develop plan to replace parking revenue equipment and surface improvements.

Improve overall aesthetics of terminal and grounds, and improve overall traveling customer experience.

Continue marketing strategies to target potential passengers from out of town who presently fly to Omaha, and also target additional local passengers that live in this area but fly from Omaha.

Continue to monitor and push for improved performance of airport service providers including ground handler, parking contractor and TSA.

Pursue full accessibility at all public facilities that are part of airport.

Monitor third party advertising sales on terminal messaging boards.

Landing Revenue Admin, Field, Parking, Restaurant, $52,186 $124,244 $371,357 $32,748 Farm Prop, Hangar Areas, $288,452 $371,123

Commercial Terminal Prop, $39,465 Residential Building, Prop, $614,347 $347,616

TOTAL REVENUE FY19 $2,241,538 FY18 $2,171,763 Farm Prop, $0 Expenditures Restaurant, $2,704 Parking, Commercial $175,177 Admin, Prop, $8,434 $358,755 Residential Prop, $278,877

Terminal Building, $469,842

Hangar Areas, $47,881 Landing Field,

$1,084,664 TOTAL EXPENDITURES FY19 $2,426,334 FY18 $2,354,190

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 7A

FROM: Renae Billings, Business Development Coordinator

Resolution authorizing and approving a development agreement and minimum assessment agreement with KCB Investments, LLC for the redevelop- SUBJECT: ment of property in the Combined Floyd River Urban Renewal Area (Property located at 3232 Highway 75 N)

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests the City Council approve the proposed resolution.

DISCUSSION: Current Project KCB Investments, LLC (KCB) is working with a regional wholesale roofing products distributor who is looking to expand operations in the tri-state area. KCB has identified a property located at 3232 Highway 75 N to purchase and lease to the distributor. KCB plans to remodel the existing building on the property and construct a new 15,000 square foot warehouse building for the distributor to lease as well. The project will represent a capital investment of $1.4 million.

Proposal To assist with the expansion of the property, City staff has finalized a development agreement and minimum assessment agreement with KCB.

As part of the development agreement and minimum assessment agreement KCB Invest- ments, LLC will:

• Commit to investing $1.4 million to purchase the property, renovate the existing building and construct a new building at 3232 Highway 75 N. • Complete redevelopment of the property no later than December 31, 2019. • Enter into a minimum assessment agreement of $1.1 million for a period of 10 years.

As part of the development agreement the City will:

• Provide 75% property tax rebates on the new incremental taxes created by the value added to the property for a five-year period.

FINANCIAL IMPACT: The City will benefit from increased property taxes resulting from the minimum assessment agreement.

RELATIONSHIP TO STRATEGIC PLAN: To expand development opportunities, develop the resources to support economic growth, and develop new business sites.

ALTERNATIVES: None Recommended

ATTACHMENTS: Resolution Development Agreement (Hard Copy) Minimum Assessment Agreement (Hard Copy)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING AND APPROVING A DEVELOPMENT AGREE- MENT AND MINIMUM ASSESSMENT AGREEMENT WITH KCB INVEST- MENTS, LLC FOR THE REDEVELOPMENT OF PROPERTY IN THE COM- BINED FLOYD RIVER URBAN RENEWAL AREA (PROPERTY LOCATED AT 3232 HIGHWAY 75 N)

WHEREAS, KCB Investments, LLC is working with a regional wholesale roofing products distributor who is looking to expand operations in the tri-state area; and

WHEREAS, KCB Investments, LLC has identified a property located at 3232 Highway 75 N to purchase, improve, and lease to the distributor; and

WHEREAS, KCB Investments, LLC plans to remodel the existing building on the property and construct a new warehouse building; and

WHEREAS, KCB Investments, LLC has committed a significant amount of private financing to the project; and

WHEREAS, KCB Investments, LLC has requested property tax rebates to assist with the project and help secure this investment in Sioux City; and

WHEREAS, the City Council believes it is in the best interest of the City to provide said property tax rebates; and

WHEREAS, a Development Agreement and Minimum Assessment Agreement between KCB Investments, LLC and the City of Sioux City, Iowa, copies of which are attached hereto and by this reference incorporated herein, sets forth the responsibilities and obligations of the parties in developing such improvements; and

WHEREAS, said Development Agreement and Minimum Assessment Agreement should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the Development Agreement and Minimum Assessment Agreement between KCB Investments, LLC and the City of Sioux City, Iowa, for the redevelopment of property located at 3232 Highway 75 N in the Combined Floyd River Urban Renewal Area, referred to in the preamble hereof, be and the same are hereby approved as to form and content.

BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to execute said Development Agreement and Minimum Assessment Agreement, along with all necessary exhibits to said Development Agreement and Minimum Assessment Agreement, for and on behalf of the City of Sioux City, Iowa.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 7B Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution authorizing execution of the “Agreement for a Surface Trans- portation Block Grant (STBG) Program Federal-aid Swap Project” Iowa DOT Agreement Number 3-19-STBG-SWAP-20, Project Number STGB- SUBJECT: SWAP-7057(704)—SG-97 with the Iowa Department of Transportation in connection with the Myrtle Street Reconstruction Project (West 23rd Street North one mile to West Clifton Street) (City Project No. 7048-719-289).

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve a resolution authorizing the execution of the “Agreement for a Surface Transportation Block Grant (STBG) Program Federal-aid Swap Pro- ject” Iowa DOT Agreement Number 3-19-STBG-SWAP-20, Project Number STGB-SWAP- 7057(704)—SG-97 with the Iowa Department of Transportation in connection with the Myrtle Street Reconstruction Project (West 23rd Street North one mile to West Clifton Street) (City Project No. 7048-719-289).

DISCUSSION: The City of Sioux City is required to execute an Agreement with the Iowa DOT for the Myrtle Street Reconstruction Project (West 23rd Street North one mile to West Clifton Street) in order to accept STBG Federal-aid Swap funding to use for the engineering design and construction activities. This project includes the construction of new paving, sidewalks, driveways, replacement of existing watermain, replacement of existing sanitary sewer, replacement of storm sewer, service connections, and cross street connections. This project will follow the Iowa DOT project development schedule for a Winter 2019 letting date and construction period to begin in Spring of 2020.

The STBG Federal-aid Swap funding under this Agreement will fund up to 80 percent of eligible costs or $2,240,000,00 whichever is less.

FINANCIAL IMPACT: This reconstruction of Myrtle Street is funded under CIP 719-289 Myrtle Street – Clifton, through Iowa DOT SWAP Funds, transfers in sales tax infrastructure, water funds, sewer funds, and general obligation bonds.

The Iowa Department of Transportation STBG Federal-aid Swap funding will provide up to 80 percent of eligible costs or $2,240,000.00 whichever is less. Local funds for the project in the amount of $593,184.00 were received in FY 2020 and additional funds are programmed for

FY 21 and FY22 to cover remaining project costs.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Strategic Focus – Grow Sioux City

ALTERNATIVES: Council can direct staff to negotiate changes on the agreement with the Iowa Department of Transportation.

ATTACHMENTS: Resolution Surface Transportation Block Grant Program Federal Aid Swap Agreement

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING EXECUTION OF THE “AGREEMENT FOR A SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM FEDERAL-AID SWAP PROJECT” IOWA DOT AGREEMENT NUMBER 3-19- STBG-SWAP-20, PROJECT NUMBER STGB-SWAP-7057(704)—SG-97 WITH THE IOWA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE MYRTLE STREET RECONSTRUCTION PROJECT (WEST 23RD STREET NORTH ONE MILE TO WEST CLIFTON STREET) (CITY PROJECT NO. 7048- 719-289).

WHEREAS, the Iowa Department of Transportation and the City of Sioux City desire to execute an agreement for the Myrtle Street Reconstruction (West 23rd Street North one mile to West Clifton Street) Project; and

WHEREAS, there is attached hereto and by this reference made a part hereof, a copy of Iowa DOT Agreement Number 3-19-STBG-SWAP-20, Project Number STGB-SWAP-7057(704)— SG-97 setting forth the terms and conditions, which Agreement Number 3-19-STBG-SWAP-20, Project Number STGB-SWAP-7057(704)—SG-97 should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that Iowa DOT Agreement Number 3-19-STBG-SWAP-20, Project Number STGB- SWAP-7057(704)—SG-97 between the City of Sioux City and the Iowa Department of Transportation for the Myrtle Street Reconstruction (2300 Block to West Clifton) Project, as referred to in the preamble hereof, be and the same is hereby approved.

BE IT FURTHER RESOLVED, that the City Manager and City Clerk be and they are hereby authorized and directed to execute said Iowa DOT Agreement Number 3-19-STBG-SWAP-20, Project Number SWAP-7057(704)—SG-97 for and on behalf of the City.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 7C Gordon Phair, City Engineer FROM: Nate Wing, Civil Engineer

Resolution approving the contract and performance bond with Sioux City Engineering Company of Sioux City, Iowa in the amount of $1,359,987.28 for SUBJECT: the construction of the Department of Transportation Project No. BROS- 7057(697)—8J-97 (City Project No. 6874-719-355) Bluff Road Bridge Project.

Department Finance City City Reviewed By: X x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the contract and performance bond with Sioux City Engineering Company of Sioux City, Iowa in the amount of $1,359,987.28 for the construction of the Department of Transportation Project No. BROS-7057(697)—8J-97 (City Project No. 6874-719-355) Bluff Road Bridge Project.

DISCUSSION: On September 16, 2019 under Resolution No. 2019-0785, Council awarded a contract to Sioux City Engineering Company of Sioux City, Iowa in the amount of $1,359,987.28 for the construction of the Bluff Road Bridge Project (City Project No. 6874-719-355).

This project includes the removal of the existing bridge, street paving along a new alignment extending Stockyards Place, sidewalks, ADA compliant sidewalk ramps, storm sewer, sanitary sewer, street lighting, and a recreational trail.

FINANCIAL IMPACT: This project is funded using federal-aid funds which are an 80/20 match for federal participation up to $1,000,000.00. The twenty percent City match will be funded through a transfer in sales tax infrastructure dollars and general obligation bonds. This project is currently programmed in CIP No. 719-355, Bluff Road Bridge over Floyd Channel, which has an available balance of $167,891.00.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Strategic Focus – Grow Sioux City

ALTERNATIVES: None

ATTACHMENTS: Resolution Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING THE CONTRACT AND PERFORMANCE BOND WITH SIOUX CITY ENGINEERING COMPANY OF SIOUX CITY, IOWA IN THE AMOUNT OF $1,359,987.28 FOR THE CONSTRUCTION OF THE DEPARTMENT OF TRANSPORTATION PROJECT NO. BROS-7057(697)—8J- 97 (CITY PROJECT NO. 6874-719-355) BLUFF ROAD BRIDGE PROJECT.

WHEREAS, the City Council has previously awarded a contract to Sioux City Engineering Company for the Bluff Road Bridge Project No. BROS-7057(697)—8J-97 (City Project No. 6874- 719-355); and

WHEREAS, Sioux City Engineering Company has submitted a signed contract and performance bond for approval, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved; and

WHEREAS, the City Manager should be authorized and directed to execute the contract and bond for and on behalf of the City of Sioux City, Iowa.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the contract and performance bond submitted by Sioux City En- gineering Company for the Bluff Road Bridge Project No. BROS-7057(697)—8J-97 (City Project No. 6874-719-355) in Sioux City, Iowa, is hereby approved and the City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the Mayor as authorized herein, the contract shall be in full force and effect and not before.

BE IT FURTHER RESOLVED that progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the City Engineer as the value of work satisfactorily performed for the period.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 7D Gordon Phair, City Engineer FROM: Amy Keairns, Neighborhood Services Project Coordinator

Resolution approving Amendment No. 1 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional construction SUBJECT: services in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project (Project No. 6930A-719-229) in an amount not to exceed $12,300.00.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve Amendment No. 1 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional design and construction services in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Improvement Project (Pro- ject No. 6930A-719-229) in an amount not to exceed $12,300.00.

DISCUSSION: On January 29, 2018, under Resolution 2018-0037, the City entered into a Consulting Ser- vices Agreement in an amount not to exceed $69,018.00 with JEO Consulting Group, Inc. for the design, construction administration and inspection services related to the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Improvement Project.

The project included: • Alley paving from 15th Street to 16th Street (between Main Street and McDonald Street) • Ten (10) inlet replacements within the Rose Hill Urban Renewal Area • Three (3) segments of sidewalk replacement (approximately 435 feet in total length) • Thirty-seven (37) curb ramp replacements or new installations

The project required additional construction administration and construction observation due to construction completion time overrun of 29 days. The contractor will be required to pay $14,500.00 in liquidated damages which would cover the cost of this amendment.

The total contract, including Amendment No. 1, is not to exceed $81,318.00.

FINANCIAL IMPACT: This project is funded using Community Development Block Grant Funds under CIP 719-229, Rose Hill Public Improvements.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution Amendment No. 1

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH JEO CONSULTING GROUP, INC. FOR ADDI- TIONAL CONSTRUCTION SERVICES IN CONNECTION WITH THE ROSE HILL ALLEY, INLET, SIDEWALK AND CURB RAMP PROJECT. (PROJECT NO. 6930A-719-229) IN AN AMOUNT NOT TO EXCEED $12,300.00.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that Amendment No. 1 to the Consulting Services Agreement, a copy of which is attached hereto and by this reference made a part hereof, with JEO Consulting Group, Inc. of South Sioux City, Nebraska, in an amount not to exceed $12,300.00 for additional construction services in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Amendment No. 1 for and on behalf of the City.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 7E FROM: Matt Salvatore, Parks and Recreation Director

Resolution approving the contract and performance bond with Dixon Construction Company of Correctionville, Iowa in the amount of SUBJECT: $2,781,307.25 for the construction of the Riverfront Trail Connection Project, Iowa Department of Transportation Project No. TAP-U-7057(686)--8I- 97 (City Project No. 7068-459-044).

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests City Council approve the contract and performance bond with Dixon Construction Company of Correctionville, Iowa in the amount of $2,781,307.25 for the construction of the Riverfront Trail Connection Project, Iowa Department of Transportation Project No. TAP-U-7057(686)--8I-97 (City Project No. 7068-459-044).

DISCUSSION: On October 7, 2019 under Resolution No. 2019-0815, City Council awarded a contract to Dix- on Construction Company of Correctionville, Iowa in the amount of $2,781,307.25 for the construction of the Riverfront Trail Connection Project, Iowa Department of Transportation Project No. TAP-U-7057(686)--8I-97 (City Project No. 7068-459-044).

This project includes the construction of 1.5 miles of recreational trail linking the existing Lewis and Clark Historic Trail along the Missouri River from just south of the railroad bridge; under the east side of the Bacon Creek Channel Bridge and Pedestrian Bridge; over the Bacon Creek Channel to Lafayette Street; the Pedestrian Bridge over the Floyd Channel; and under the west side of the Floyd Channel Bridge to the existing trail at Chris Larsen Park.

FINANCIAL IMPACT: This project is funded through an Iowa State Recreation Trails Grant, the Iowa Transportation Alternative Program (TAP), Missouri River Historical Development (MRHD), and General Ob- ligation Bonds. The City’s share is approximately $450,000.00. This project is currently programmed in CIP No. 459-044, “I-29 Trail Replacement”, which has an available balance of $2,644,758.00. City staff will request $135,355.00 for the FY21 CIP Budget to support the remaining balance.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Strategic Focus – Grow Sioux City

ALTERNATIVES: None

ATTACHMENTS: Resolution Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING THE CONTRACT AND PERFORMANCE BOND WITH DIXON CONSTRUCTION COMPANY OF CORRECTIONVILLE, IOWA IN THE AMOUNT OF $2,781,307.25 FOR THE CONSTRUCTION OF THE RIVERFRONT TRAIL CONNECTION PROJECT, IOWA DEPARTMENT OF TRANSPORTATION PROJECT NO. TAP-U-7057(686)--8I-97 (CITY PROJECT NO. 7068-459-044).

WHEREAS, the City Council has previously awarded a contract to Dixon Construction Company of Correctionville, Iowa for the Riverfront Trail Connection Project, Iowa Department of Transportation Project No. TAP-U-7057(686)--8I-97 (City Project No. 7068-459-044); and

WHEREAS, Dixon Construction Company has submitted a signed contract and performance bond for approval, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved; and

WHEREAS, the City Manager should be authorized and directed to execute the contract and bond for and on behalf of the City of Sioux City, Iowa.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the contract and performance bond submitted by Dixon Con- struction Company for the Riverfront Trail Connection Project, Iowa Department of Transportation Project No. TAP-U-7057(686)--8I-97 (City Project No. 7068-459-044) in Sioux City, Iowa, is hereby approved and the City Manager is hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Man- ager as authorized herein, the contract shall be in full force and effect and not before.

BE IT FURTHER RESOLVED that progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the Parks and Recreation Director as the value of work satisfactorily performed for the period.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 8A FROM: Connie E. Anstey, Assistant City Attorney

SUBJECT: Resolution approving payment of settlement (Anthony Ferrini)

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully request the City Council approve a resolution authorizing payment of a negotiated settlement with Anthony Ferrini in Workers’ Compensation Case Nos. 5066262 and 5066263 and settlement of the pending employment grievance and all future potential claims.

DISCUSSION: Anthony Ferrini was employed as a Maintenance Worker for the City on May 31, 2005. On September 18th and September 21st of 2018 he alleges that he suffered work related injuries to his lower back. Mr. Ferrini was terminated from employment with the City on August 2, 2019 for reasons totally unrelated to the pending worker’s compensation cases. We have reached a settlement, subject to Council approval, of all pending and any potential future claims associated with Mr. Ferrini’s employment with the City in exchange for a lump sum payment of $10,000.00 made payable to Mr. Ferrini and his attorney Al Sturgeon. Approval of the settlement is recommended.

FINANCIAL IMPACT: Funds for this settlement will be paid from the appropriate fund.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: N/A

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PAYMENT OF SETTLEMENT (ANTHONY FERRINI)

WHEREAS, workers’ compensation claims were filed by Anthony Ferrini resulting from claimed injuries on September 18 and 21, 2018 in Case Nos. 5066262 and 5066263; and

WHEREAS, a grievance is pending regarding Mr. Ferrini’s termination from employment unrelated to the workers’ compensation claims; and

WHEREAS, it has been determined that it is in the best interest of the City to settle all current and future claims relating to Mr. Ferrini’s employment by obtaining a negotiated settlement in exchange for a payment of $10,000.00 to Anthony Ferrini in exchange for a full release of all claims.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Director of Finance be and she is hereby authorized and directed to issue a check from the appropriate fund in the amount of $10,000.00 payable to Anthony Ferrini and his attorney Al Sturgeon.

BE IT FURTHER RESOLVED that said checks be delivered to the Legal Department and that the City Attorney shall obtain the necessary releases and dismissals with prejudice and thereafter deliver the checks.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 8B FROM: Don Trometer, Risk Manager

Resolution approving partial settlement of a tort claim and authorizing pay- SUBJECT: ment thereof (KJ Estates)

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully request the City Council approval partial settlement of this property damage claim.

DISCUSSION: On December 26, 2018 a water main break caused the foundations on the south and west sides of 425 S. Rustin Street to settle. Concrete Raising was hired to furnish and install twelve (12) push piers to stabilize the foundation.

FINANCIAL IMPACT: Reduce the Tort Fund by $23,400.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PARTIAL SETTLEMENT OF A TORT CLAIM AND AUTHORIZING PAYMENT THEREOF (KJ ESTATES)

WHEREAS, a claim was filed against the City of Sioux City, Iowa by KJ Estates resulting from a water main break at 425 S. Rustin Street occurring on December 26, 2018; and

WHEREAS, the City Council has been advised and does believe that it will be in the best interests of the City to compromise and partially settle said claim without admitting liability.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said claim be partially settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $23,400.00 payable to Concrete Raising.

BE IT FURTHER RESOLVED that said check be delivered to the Legal Department and that the City Attorney secure necessary releases and thereafter deliver the check.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 8C Gordon Phair, City Engineer FROM: Amy Keairns, Neighborhood Services Project Coordinator

Resolution accepting the work and authorizing final payment to AG Con- SUBJECT: struction Inc. for the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Pro- ject. (Project No. 6930A-719-229)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the above resolution accepting the work and authorizing final payment in the amount of $83,367.14 now and $14,834.42 in thirty (30) days payable to AG Construction, Inc. for the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Im- provement Project (Project No. 6930A-719-229).

DISCUSSION: A contract was awarded to AG Construction, Inc. of Sioux City, Iowa, on August 6, 2018 under Resolution No. 2018-0621 in the amount of $285,880.50. The work has been completed and approved by City staff.

The project involved: • Alley paving from 15th Street to 16th Street (between Main Street and McDonald Street) • Ten (10) inlet replacements within the Rose Hill Urban Renewal Area • Three (3) segments of sidewalk replacement (approximately 435 feet in total length) • Thirty-seven (37) curb ramp replacements or new installations

Below is a summary of the project:

Original Contract Amount $285,880.50

Change Order No. 1 Summary $10,807.88 This change order was approved by staff on October 17, 2019, and included a change from a modular block wall to a poured concrete wall, adjusted quantities to final measured amounts and to assess liquidated damages for contract time over run.

Final Construction Cost $296,688.38 The final construction cost for this project is $296,688.38, which is 3.77% above the original contract amount.

FINANCIAL IMPACT: This project is funded using Community Development Block Grant Funds under CIP 719-229, Rose Hill Public Improvements.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution Engineer’s Statement of Final Acceptance Final Payment Application

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAY- MENT TO AG CONSTRUCTION INC. FOR THE ROSE HILL ALLEY, INLET, SIDEWALK AND CURB RAMP PROJECT. (PROJECT NO. 6930A-719-229)

WHEREAS, on August 6, 2018, the City of Sioux City, Iowa entered into a contract with AG Construction, Inc., of Sioux City, Iowa, for the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project within the City as therein described; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer’s report filed with the City Clerk on October 28, 2019, and attached here- to and made a part hereof; and

WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA

A. That said report of the Engineer, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $296,688.38, as shown in said report of the Engineer.

B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $83,367.14 now and $14,834.42 in thirty days provided there are no liens or claims against the retainage on file, payable from the appropriate fund in favor of AG Construction, Inc. for the construction of the project.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Engineer’s Statement of Final Acceptance

Final Payment Application

*Includes liquidated damages in the amount of $14,500.00.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 9 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) a. Restaurant De Arcos, 1917 Pierce Street (New) 2. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry- out) a. Cone Park, 3800 Line Drive (Renewal) b. La Juanita, 1316 Pierce Street (Renewal)

B. OFF PREMISE SALES

SUBJECT: 1. CLASS B WINE PERMIT (wine only) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Re- newal) b. Circle S Gordon Drive, 2520 Gordon Drive (Renewal) 2. CLASS B NATIVE WINE PERMIT (Iowa wine only) a. Circle S Riverside, 2404 Riverside Boulevard (Renewal) 3. CLASS C BEER PERMIT (beer/wine coolers) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Re- newal) b. Circle S Gordon Drive, 2520 Gordon Drive (Renewal) c. Circle S Riverside, 2404 Riverside Boulevard (Renewal) 4. CLASS E LIQUOR LICENSE (liquor only) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Re- newal) b. Circle S Gordon Drive, 2520 Gordon Drive (Renewal)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests and recommends approval of the above Beer and Liquor License.

DISCUSSION: Fire Code Inspections were completed; Building, Electrical, Mechanical, and Plumbing Inspec- tions were performed; and Zoning Code has been verified for the above applicant, no viola- tions were found unless otherwise noted.

Property tax records were verified and taxes are paid to date; the business utility accounts are also current for all applicants unless otherwise noted.

Police Records for the establishment were reviewed and the Police Department recommends approval for the applicant unless otherwise noted.

FINANCIAL IMPACT: The percentage of the local authority share of liquor license fees gathered by the State of Iowa Alcoholic Beverages Division varies from license to license; the City collected $109,753.48 in FY2019.

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Vision - We will enhance public health and safety by maximizing the utiliza- tion of technology, improved community engagement, and improved communications and facilities.

ALTERNATIVES: Council may, at their discretion, vote for approval or deny in opposition of the City depart- ments’ recommendations.

ATTACHMENTS: None

AIRPORT BOARD OF TRUSTEES REGULAR MEETING August 8, 2019

A meeting of the Airport Board of Trustees was held at 7:30 a.m. in the Conference Room at the Terminal Building, 2403 Aviation Blvd, Sioux City, IA 51111.

MEMBERS PRESENT STAFF OTHER Rita De Jong Mike Collett, Assistant City Manager Darren Christopher Angie Schneiderman John Backer, Operations Manager Barbara Sloniker Dave Bernstein Amber Hegarty, Assistant City Attorney Brian Crichton Melissa Uhl, Airport Administrative Asst. Dave Zimmerman Larry Finley Lori Pierson MEMBERS ELECTRONIC MEMBERS ABSENT Larry Christensen Joe Kruse Noelle Jacobs Dave Kaplan

CALL OF THE ROLL The Airport Board meeting was called to order by Board President Bernstein at 7:30am. Larry Christensen joined electronically at 7:37am just as the marketing report was wrapping up.

FINANCIAL REPORT - SUX is currently mirroring what we did last fiscal year at this same time. Last year’s financials ended well for the Airport. The additional flight to Chicago was added in September. Capital Improvements budget will be entered in August, and will include Parking Rev- enue Equipment. PFC’s are still up with construction overall. We will be bidding a new the farm lease this fall.

MARKETING - July stats are down 1% on operations but up 13% overall. Enplanements up 9% for the month, and up 8% year to date. Future bookings look good. Expedia reports great results thus far with the test campaign.

APPROVAL OF MINUTES Schneiderman moved that the minutes of June 13, 2019 be approved. Seconded by DeJong. Mo- tion Approved Unanimously.

BUSINESS ITEMS

Approve a Recommendation to the City Council to Adopt plans and specifications for the Airfield Improvements Project - North Hangar Drainage Basin and Drainage Improve- ments.

A Motion to Approve a Recommendation to the City Council to Adopt plans and specifications for the Airfield Improvements Project – North Hangar Drainage Basin and Drainage Improvements was made by DeJong and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Adopt plans and specifications for the 2020 Airport Terminal Renovation Project.

A Motion to Approve a Recommendation to the City Council to Adopt plans and specifications for the 2020 Airport Terminal Renovation Project was made by Schneiderman and Seconded by DeJong. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve a Resolution inviting proposals for the lease of land in the Donner Park Urban Renewal Area, announcing the intent to accept the proposal of General Services Administration (GSA), as the designated representative of the United States of America (TSA).

A Motion to Approve a Recommendation to the City Council to Approve a Resolution announcing the intent to accept the proposal of GSA for the TSA was made by DeJong and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve a Resolution rejecting the bids received for the proposed construction of the Airport Maintenance Garage Fuel Tank Project, and ordering the return of the bid bonds.

A Motion to Approve a Recommendation to the City Council to Approve a Resolution rejecting the bids received for the proposed construction of the Airport Maintenance Garage Fuel Tank Project was made by Schneiderman and Seconded by DeJong. Motion Approved Unanimously.

DISCUSSION Construction Projects Update: The Runway Project is moving along. SUX will have one full length runway again starting August 10, 2019. Two full closures are scheduled for the month of August. Parking: Currently working to barricade off sections for painting in the lot. Improvements: Signals are in and people are noticing a difference. Fertilizer will be added to the row of entrance trees, and other landscaping improvements are being worked through with our Parks & Rec. Concrete work including curb and sidewalk is to be replaced this construction season.

BOARD CONCERNS- Board President Bernstein noted a letter of support to American Airlines regarding current PFC rates was issued on behalf of his position within the board.

SET DATE FOR NEXT MEETING- The next meeting is scheduled to take place on September 12, 2019 at 7:30am.

ADJOURNMENT There being no other business, a motion to adjourn at 8:08 a.m. was made by DeJong and seconded by Schneiderman. Approved unanimously.

David Bernstein President

AIRPORT BOARD OF TRUSTEES REGULAR MEETING September 12, 2019

A meeting of the Airport Board of Trustees was held at 7:30 a.m. in the Conference Room at the Terminal Building, 2403 Aviation Blvd, Sioux City, IA 51111.

MEMBERS PRESENT STAFF OTHER Rita De Jong Mike Collett, Assistant City Manager Darren Christopher Angie Schneiderman John Backer, Operations Manager Barbara Sloniker Dave Bernstein Amber Hegarty, Assistant City Attorney Dave Zimmerman Joe Kruse Melissa Uhl, Airport Administrative Asst.Larry Finley Craig Twibeel Nancy Evans MEMBERS ELECTRONIC MEMBERS ABSENT Larry Christensen Noelle Jacobs Dave Kaplan

CALL OF THE ROLL The Airport Board meeting was called to order by Board President Bernstein at 7:30am. Dave Kaplan joined the meeting electronically at 7:31am just before the Election of Officers.

APPROVAL OF MINUTES DeJong moved that the minutes of August 8, 2019 be approved. Seconded by Schneiderman. Motion Approved Unanimously.

BUSINESS ITEMS

Election of Board Officers

A Motion to retain Dave Bernstein as Airport Board President, Angie Schneiderman as Airport Board Vice President and Nomination of Rita DeJong as Airport Board Secretary was made by Kruse and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve a Contract to Knife River Midwest, LLC in the Amount of $3,240,893.47 for the Taxiway C South Reconstruction Project.

A Motion to amend, adding contingent upon confirmation from the FAA grant be added to the Recommendation to the City Council to Approve a Contract to Knife River Midwest, LLC in the amount of $3,240,893.47 for Taxiway C South Reconstruction Project was made by Schneider- man and Seconded by DeJong. Motion Approved Unanimously.

A Motion to Approve a Recommendation to the City Council to Approve a Contract to Knife Riv- er Midwest, LLC in the amount of $3,240,893.47 for the Taxiway C South Reconstruction Pro- ject contingent upon confirmation from the FAA grant was made by Schneiderman and Second- ed by DeJong. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve Work Order 39 with RS&H Engineering for the Construction Administration Services, subject to the FAA concur- rence, for the Taxiway Charlie Project.

A Motion to amend, adding contingent upon confirmation from the FAA grant be added to the Recommendation to the City Council to Approve Work Order 39 for the Construction Administra- tion Services for the Taxiway Charlie Project was made by Schneiderman and Seconded by DeJong. Motion Approved Unanimously.

A Motion to Approve a Recommendation to the City Council to Approve Work Order 39 for the Construction Administration Services for the Taxiway Charlie Project contingent upon confirmation from the FAA grant was made by Schneiderman and Seconded by DeJong. Motion Ap- proved Unanimously.

Approve a Cooperative Service Agreement Not to Exceed $10,000.00 between Sioux Gateway Airport and the United States Department of Agriculture for Wildlife Manage- ment at the Airport.

A Motion to Approve a Cooperative Service Agreement not to Exceed $10,000 between Sioux Gateway Airport and the United States Department of Agriculture for Wildlife Management at the Airport was made by Kruse and Seconded by Schneiderman. Motion Approved Unanimous- ly.

Approve a Recommendation to the City Council to Approve a Memorandum of Agree- ment between the Federal Aviation Administration, the Iowa State Historic Preservation Office and the City for the proposed removal of Airport structures.

A Motion to Approve a Recommendation to the City Council to Approve a Memorandum of Agreement between the Federal Aviation Administration, the Iowa State Historic Preservation Office and the City for the proposed removal of Airport structures was made by DeJong and Se- conded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Accept an Iowa Department of Trans- portation Commercial Services Vertical Infrastructure Grant Agreement in the amount of $134,923 for Hangar Refurbishment and potential New Hangar Construction Projects.

A Motion to Approve a Recommendation the City Council to Accept an Iowa Department of Transportation Commercial Services Vertical Infrastructure Grant Agreement in the amount of $134,923 for Hangar Refurbishment and potential New Hangar Construction Projects was made by Schneiderman and Seconded by Kruse. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve an Iowa Department of Transportation Airport Improvement Program Grant Agreement in the amount of $425,200 to assist in the partial Rehabilitation of Taxiway A Project.

A Motion to Approve a Recommendation the City Council to Approve an Iowa Department of Transportation Airport Improvement Program Grant Agreement in the amount of $425,200 to assist in the partial Rehabilitation of Taxiway A Project was made by Kruse and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve an Iowa Department of Transportation Air Service Sustainment Grant Agreement in the amount of $48,000 to assist in marketing efforts for FY2020.

A Motion to Approve a Recommendation the City Council to Accept an Iowa Department of Transportation Air Service Sustainment Grant Agreement in the amount of $48,000 to assist in marketing efforts for FY2020 was made by Kruse and Seconded by Schneiderman. Motion Ap- proved Unanimously.

Approve a Recommendation to the City Council to Approve a Resolution inviting proposals for the lease of farm land in the Donner Park Urban Renewal Area.

A Motion to Approve a Recommendation the City Council to Approve a Resolution inviting proposals for the lease of farm land in the Donner Park Urban Renewal Area was made by DeJong and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Award for the Airfield Improvements Project – North Hangar Drainage Basin and Drainage Improvements.

A Motion to Approve a Recommendation the City Council to Award a contract for the Airfield Improvements Project – North Hangar Drainage Basin and Drainage Improvements Project was made by DeJong and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Award a Contract for the 2020 Airport Terminal Renovation Project.

A Motion to Approve a Recommendation the City Council to Award a Contract for the 2020 Air- port Terminal Renovation Project was made by DeJong and Seconded by Kruse. Motion Ap- proved Unanimously.

Approve a Recommendation to the City Council to approve the name Change of Col. Bud Day Field to Brigadier General Bud Day Field per FAA approval.

A Motion to Approve a Recommendation the City Council to Approve the name change of Col. Bud Day Field to Brigadier General Bud Day Field per FAA approval was made by Kruse and Seconded by Kaplan. Motion Approved Unanimously.

DISCUSSION Construction Projects Update: The Runway Project last closure period was September 14th and 15th. We are currently around halfway through the calendar days with project completion. There will be no additional closures scheduled for this project. Taxiway C Reconstruction for is scheduled July of 2020. Grant Update: Met with FAA in August at the Four States Conference regarding our futures projects. Trego Dugan: Normal day to day operations. Seven employees are fully trained in de-icing for the winter months. Truck is currently in the shop in preparation for the season. Website Update: New website was reviewed as a group and direction provided before it goes live.

FINANCIAL REPORT- SUX for the two months of the fiscal year the only notable change is difference in revenue due to airport closures in connection with the runway reconstruction project.

MARKETING- August operations are down with limited military usage due to restrictions at SUX. Enplanements are down for the month due to closures but still up 5% YTD, load factors are down as well. Expedia reports great results thus far with the test campaign.

BOARD CONCERNS- New Work Order System has been implemented and staff is testing inter- nally. This system will be made available for all vendors here at SUX. New used chairs have been purchased from the Siouxland Chamber.

SET DATE FOR NEXT MEETING- The next meeting will be determined at a later date.

ADJOURNMENT There being no other business, a motion to adjourn at 8:38 a.m. was made by Schneiderman and seconded by DeJong. Approved unanimously.

Rita DeJong Board Secretary

ACTIVE TRANSPORTATION ADVISORY COMMITTEE MEETING MINUTES August 21, 2019

A meeting of the Sioux City Active Transportation Advisory Committee was held this date at 4:00 p.m. at SIMPCO, 1122 Pierce Street.

MEMBERS PRESENT MEMBERS ABSENT GUESTS STAFF MEMBERS Bob DeSmidt Michelle Bostinelos Erin Berzina, Planning Angela Drent Lili Madrid Dave Carney, Public Works Judy Bonertz Mike Johnson Korey Smith

1. Call to Order Bob DeSmidt, Co-Chair, called the meeting to order at approximately 4:00 p.m.

2. Approval of Minutes from the July 17, 2019 Meeting Staff provided copies of minutes from the July 17, 2019 meeting. Drent (Johnson) moved to approve the minutes. Motion carried. (5-0).

3. Old Business a. Bicycle Ordinance Changes Staff will provide an update on bicycle ordinance changes at the next meeting. DeS- midt suggested looking at our code for the “move over” law language. He references the “Clive [IA] Decision” where the State Supreme Court ruled that “move over” language is not legal.

Korey Smith entered the meeting at 4:10 p.m.

4. New Business a. Park(ing) Day – Friday, September 20, 2019, 10am-2pm. Staff reminded the group that Park(ing) Day will be held September 20. Park(ing) Day will be held on Pierce Street from 4th St to 6th Street. Everyone is welcome to attend and participate. b. Bike/Ped/Trail Plan Kickoff Staff provided a full city trail map and several smaller maps of all city neighborhoods to help the group determine the most sensible areas to install bike lanes and when, and see where connections can be made. DeSmidt asked if the bicycle trail through the Riverfront will remain open during the construction phasing and staff (Carney) will follow up. The group discussed exploring the possibility of using a segment of 3rd Street near Virginia Street as a good option to pilot bike lanes downtown due to the width of the road and proximity to trail connections. The group also discussed legally binding “Yield to Pe- destrian” signs and if they could be implemented at some crosswalk areas with higher pedestrian volumes, such as the Farmer’s Market area on Wednesdays and Saturdays. There was some concern about giving pedestrians a false sense of security but some signs could be possible. The group also discussed the high number of street signs in Sioux City per capita compared to other cities. The next step in this process is to develop lists of projects that are quick, easy wins as well as larger involved projects in order to gather funding and establish a timeline. DeSmidt brought up that a quick win may be to change the pedestrian signal button on the northeast side of the intersection of Floyd

Blvd and Outer Drive. The placement is such that it is not reachable by the sidewalk, so it is not ADA accessible and not able to be reached when on a bicycle. Staff (Carney) said that moving the pedestrian button to be more user-friendly and compliant will not be difficult and will follow up. DeSmidt brought up that electric scooters should be addressed in the proposed bicycle ordinance. Electric scooters are in the proposed draft but additional language will be added to that section. Electric scooters seem to be replacing bike shares in many larger cities and the trend seems to be shifting to scooters. The group also discussed work being done that disturbs various trails by utility companies and private contractors and then not repairing or cleaning the area after the work is complete. They want to see more accountability by the contractors and more enforcement by the city to make sure the areas are repaired and cleaned before the contractors are paid and/or the project is closed out. Staff will follow up with Public Works and Parks and Recreation. Drent also brought up individual lots in subdivisions that were signed off on during development that did not contain sidewalks. There must be better accountability that all items on a site plan are completed and checked before a certificate of occu- pancy is issued. The group discussed many different problem areas in the city, and will next compile and organize a list of small, medium, and large projects to start accom- plishing things as a group.

Dave Carney exited the meeting at 4:46 p.m.

c. Staff Site Plan Reviews for Sidewalk Connections Staff reviewed all applications to the weekly Design Review Committee (DRC) meetings for sidewalk connections and other active transportation related items and reported the items back to the group as requested. Staff will provide reports of DRC items at each meeting.

5. Roundtable / Future Agenda Items / Other Business Smith suggested a potential new member for the Committee. There are currently 2 positions open.

DeSmidt would like staff to follow up on the addition of a curb cut on Christy Road at the entrance to the Summit apartments heading westward.

Staff provided information on US Bike Route 55 which runs north/south from the Canada border to the Brownsville, TX. The proposed route passes directly through Sioux City. Woodbury County Board of Supervisors passed a resolution of support for the trail. Signage is proposed to be installed in spring 2020. Staff will draft a resolution of support to present to the City Council for adoption. Drent (DeSmidt) moved to approve the resolution of support for City Council approval. Motion carried. (5-0)

6. Adjourn

The meeting concluded 5:28 p.m. The next scheduled meeting will be held September 11, 2019 at Long Lines Family Recreation Center at 4:00 p.m.

______Michelle Bostinelos, Chair

______Bob DeSmidt, Vice-Chair

BOARD OF ADJUSTMENT ABBREVIATED MEETING MINUTES October 8, 2019

A regular meeting of the Board of Adjustment was held this date in the City Council Chambers located on 5th Floor, City Hall, 405 - 6th Street, Sioux City, Iowa, at which time the following items were considered.

MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Eric Coleman David Silverberg Chris Madsen, Senior Planner Jason Geary, Chair Ryan Ross, Vice Chair Brent Nelson, Senior Planner Cindy O’Neill Erin Berzina, Planner Michelle Bostinelos Larissa Carrell, Admin Secretary Suzan Stewart Caleb Christopherson,City Attorney

Ross called the meeting to order at 5:35 p.m., and read the opening statement explaining the procedure. He then introduced the Board members and City staff to the audience. The Board was asked if any had contact with the owner, petitioner, agent, or anyone listed on the notifica- tion list regarding the agenda items.

Agenda Item 2019-0066: Requested Conditional Use Permit pursuant to Municipal Code Sec- tion 25.02.120 for the property located at 1523 Pierce Street. (Petitioner: Tewodros Worku)

Chris Madsen presented the Conditional Use Permit. This property is currently zoned Mixed Use and would allow a restaurant. To allow alcohol sales for on-premise consumption, a conditional use permit would be required. Madsen gave a brief history of the property which previously operated as Café Danh. The property operated with a liquor license that expired in 2010. A conditional use permit was approved in November of 2017. That conditional use permit expired nine (9) months after approval due to no action being taken to receive a liquor license. Madsen went over the two (2) standards set out in Municipal Code Section 25.02.120. The petitioner and the property meet all standards.

Petitioner: Tewodros Worku (121 Gilman Terrace Sioux City, Iowa) stated that he like to be able to sell and consume alcohol at the restaurant he is planning on opening.

Coleman (Stewart) moved to approve item. Motion carried. 5-0-0 (Yes: O’Neill, Stewart, Cole- man, Bostinelos, Geary, No: 0 Abstain: 0).

1. Other Business a. Other items brought forward by the Board and / or staff. b. Approval of the minutes of the August 13, 2019 meeting.

The Minutes from August 13, 2019 could not be approved due to only having three commission members present that could vote. They will be voted on at the next meeting.

c. Approval of the minutes from September 24, 2019 meeting

O’Neill (Bostinelos) moved to approve the September 24, 2019 minutes. Motion carried. 4-0-1 (Yes: Coleman, Stewart, Bostinelos, O’Neill, No: 0 Abstain: Geary).

There being no further business, the meeting was adjourned at 5:47 p.m.

Submitted by Larissa Carrell

______CHAIR PLANNING DIRECTOR

CIVIL SERVICE REGULAR MEETING September 10, 2019

On this date was held a regular meeting of the Civil Service Commission at 12:00 p.m. in Room 204, City Hall, 405 Sixth Street, Sioux City, Iowa.

P A OTHERS RESENT BSENT Hanson, Cyndi – Chair Bertrand, Lisa – Mem- McElhose, Theodora – Clerk to the Commission ber Mellang, Brad - Mem- Pearson, Sandra – Bertrand, Janelle - Human Resources Director ber Member, Excused Ken Tidwell - Member Hegarty, Amber - Assistant City Attorney II Groetken, Pete – Council Liaison Merchant, Drake - Landscape Technician Bunce, Matthew – Utility Worker Candidate Niles, Jeffrey – Maintenance Worker Strong, Erin - Admin Secretary Barbagallo, Kim – Admin Secretary Mueller, Rex – Police Chief Pickens, Ed – Streets Superintendent

CALL OF THE ROLL:

Commissioner Hanson moved to call the Civil Service Commission meeting to order at 12:16 P.M.

Mellang – aye, Hanson – aye, Tidwell - aye.

IOWA CODE SECTION 21.5 (1)(I) - CLOSED SESSION OF THE CIVIL SERVICE COMMISSION TO EVALU- ATE THE PROFESSIONAL COMPETENCY OF INDIVIDUALS WHOSE APPOINTMENT, HIRING, PERFOR- MANCE OR DISCHARGE IS BEING CONSIDERED AND THE INDIVIDUALS HAVE REQUESTED A CLOSED SESSION. (3 CANDIDATES):

Mellang moved to go into closed session. Tidwell second.

McElhose proposed to the Commission that all three candidates appear first and then the Commission hold discussions towards the end after all candidates have come through.

Mellang – aye, Hanson – aye, Tidwell - aye.

Commission went into closed session at 12:17 P.M.

Mellang motioned to move to open session. Tidwell second.

Commission went to open session at 12:29 P.M.

Mellang – aye, Hanson – aye, Tidwell - aye.

Hanson asked if there was a motion to override Iowa Code Section 21.5 (1)(I) and reinstate candidate #1, none.

Hanson asked if there was a motion to override Iowa Code Section 21.5 (1)(I) and reinstate candidate #2, none.

Hanson asked if there was a motion to override Iowa Code Section 21.5 (1)(I) and reinstate candidate #3.

Tidwell moved to override Iowa Code Section 21.5 (1)(I) and reinstate candidate #3. Mellang second.

Mellang – aye, Hanson – aye, Tidwell - aye.

REVIEW OF MINUTES OF THE MEETING OF AUGUST 06, 2019:

There were no corrections to the minutes.

OTHER BUSINESS:

Chief Rex Mueller updated the Commission on the proposed Police Lieutenant testing process. Mueller said the Police Association is in support of the changes in the testing process. Hanson asked if the candidates will have equal opportunities to prepare themselves, yes.

Meeting adjourned at 12:47 P.M.

______Clerk of Commission Chairperson

Civil Service Commission/M2019 September 10, 2019

MAYOR’S YOUTH COMMISSION EXECUTIVE COUNCIL MEETING MINUTES September 9, 2019

A meeting of the Executive Council of the Mayor’s Youth Commission was held at 7:00 p.m., 401 Douglas Street, Sioux City, IA 51101.

MYC MEMBERS PRESENT: Aman Alahi, Lizbeth Garcia, Amariliz Gonzales, Owen Hoak, Areeha Ilyas, Sarah Jabre, Christopher Knechel, Katie Mahnke, Rylie Maliszewski, Elizabeth Meyer, Henry Sealey, Karlie Stoos, Caleb Winter

MYC MEMBERS ABSENT: Ryan Dougherty, Kaleb French, Nick McGowan, Myanna Parker, Jenna Rethman, Emma Vlahoulis,

ADULT SPONSORS PRESENT: Steve Beekman, Britney Book, Bernie Hess, Terry Ivener, Mary Koster

GUESTS PRESENT: LWVSC member Dagna Simmons

Mayor Aman Alahi called the meeting to order at 7:00 p.m.

Minutes of the previous Executive Council meetings of March 4, April 1, and May 6, 2019 were accepted as submitted.

Finance Director Areeha Ilyas reported $213.00 has been spent to date, leaving a balance of $3414.00. Total budget is $3627.00; fiscal year is from July 1 through June 30.

Siouxland CARES Director Britney Book recorded videos of MYC Executive Council members encouraging students to apply to be in the Mayor’s Youth Commission. Applications are due October 31.

Britney Book gave an update on the Siouxland CARES Wiffle Ball Classic which was held at Miracle Field on August 25. 71 MYC members volunteered for the event.

Applications for new MYC members are due October 31. Applicants must be a freshman or sophomore in high school and live in Sioux City or go to school in Sioux City. Terms will begin January 1, 2020 and go through December 31 of the student’s senior year.

MYC will also be accepting applications for the Executive Council through October 21. Appli- cants must be able to attend 6 of the 9 Executive Council meetings generally held on the first Monday of the month from 7:00 – 8:00 p.m. and be a sophomore or junior. The applicants also must have earned 10 points by October 21. Interviews of the applicants will take place at the November 4, 2019 from 7:15 – 8:00 p.m. immediately after a short MYC Executive Council meeting.

Mary Koster, Youth Services Coordinator for Siouxland CARES, reported on upcoming MYC activities which include a public forum on Human Trafficking sponsored by Sioux City Human Rights Commission on September 23, 2019 at the Sioux City Public Museum.

The next MYC Executive Council meeting will be November 4, 2019. Potential new Executive Council members will be interviewed at this time. MYC Executive Council members need to be there at 6:45 p.m.

On a motion by Amariliz Gonzales, and a second by Rylie Maliszewski, the meeting was adjourned at 7:40 p.m.

Respectfully submitted by Areeha Ilyas, Acting Administrative Services Director

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES MEETING MINUTES October 16, 2019

The Parking and Skywalk System Board of Trustees met at 9:00 a.m. on Wednesday, October 16, 2019, in the 3rd Floor Conference Room, Ho-Chunk Centre, 600 4th Street, Sioux City, Iowa.

MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Monette Harbeck Mark Reinders, Chair Dave Carney, Public Works Director Sam Avery Alexcia Boggs, Vice Chair Dave Braunger, First Class Security Ragen Cote Lori Pierson, ABM Parking Jeff Lamoreux Heidi Farrens, Deputy City Clerk Patrick Rosacker

CALL TO ORDER

Cote called the meeting to order at 9:00 a.m.

MINUTES

Motion by Rosacker, seconded by Avery, to approve the minutes of September 18, 2019; all voting aye.

REPORTS & COMMUNICATIONS

Skywalk Operations – Harbeck reported that floor waxing has begun. Signs have been posted to notify skywalk users. Bids will be taken in early 2020 for repairs to the Douglas Street bridge. Repairs will include HVAC, new ceiling, and safety system, if needed. Sterling Computers requested the skywalk be closed at the Convention Center for the security of equipment at their national sales meeting December 3-6, 2019.

Motion by Lamoreux, seconded by Cote, to approve the closing of the skywalk system at the Sioux City Convention Center December 3-6, 2019; all voting aye.

Parking Operations – Harbeck shared that the Parking Division will take control of the top level of the Convention Center parking ramp on November 8th. The opening date has not been determined yet. The top lot (public) will be ParkMobile only. Signs have been ordered. Repairs at Heritage Ramp are ongoing and should be completed in Spring (weather permitting).

Downtown Informational Report – Cote reported that festoon lighting has been installed at 4th and Court Streets. The 4th and Pearl Streets intersection will be next. The lights should be up in the Fall (weather permitting). Downtown for the Holidays Parade will be Monday, November 25th.

ABM Parking Services Report – Pierson’s report was emailed to the Board. More students are parking in the ramp. Parkers have been attempting to pay with pennies or are putting pennies in the credit card slot and ticket dispenser, which has caused damage to the equipment. Signs have been posted.

Skywalk Security Update – First Class Security – Braunger reported concerns about Sioux City Hotel guests. The guests are long-term and are moving belongings to the second floor of Discovery Ramp. Harbeck will email hotel staff.

UNFINISHED BUSINESS – None.

NEW BUSINESS

Approval of costs and distribution to properties for September 2019 – Motion by Avery, seconded by Lamoreux, to approve the costs and distribution to properties for September 2019; all voting aye.

Holiday Hours: Thanksgiving: Closed Christmas Eve: 6:30 a.m. – 5:00 p.m. Christmas: Closed New Year’s Eve: Regular Hours of Operation New Year’s Day: Closed

Motion by Avery, seconded by Rosacker, to approve 2019 holiday hours; all voting aye.

ADJOURNMENT

Being no further discussion, it was motioned by Rosacker, seconded by Avery, to adjourn the meeting at 9:22 a.m.; all voting aye.

CITY PLANNING AND ZONING COMMISSION ABBREVIATED MEETING MINUTES September 24, 2019

A regular meeting of the City Planning and Zoning Commission was held this date at 4:00 p.m. in the City Council Chambers, 5th Floor, City Hall, 405 - 6th Street, Sioux City, Iowa, at which time the following items were considered.

MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Jason Geary, Chair David Silverberg Larissa Carrell, Admin Secretary Ryan Ross, Vice Chair Chris Madsen, Senior Planner Michelle Bostinelos Ron Kueny, Zoning Enforcement Officer Suzan Stewart Caleb Christopherson, City Attorney Cindy O’Neill Jeff Hanson, CD Oper Manager Eric Coleman Brent Nelson, Senior Planner

Geary called the meeting to order at 4:01 p.m., and read the opening statement explaining the procedures. He then introduced the Commission members and City staff to the audience. The Commission was asked if any member would be abstaining on any agenda item.

Agenda Item 2019-0062: Requested vacation of a portion of the east-west alley adjacent to the property located at 1213 S. Royce Street. (Petitioner: Jean Barr)

Brent Nelson noted the petitioner was unable to attend today’s meeting. Therefore, it is being requested that the item be deferred to the October 8, 2019 meeting.

Ross (O’Neill) moved to defer item 2019-0062 to October 8, 2019 as presented. Motion carried. 6-0-0 (Yes: Geary, Stewart, Ross, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Agenda Item 2019-0068: Requested rezoning of property located southwest of the intersection of 33rd Street and Floyd Boulevard from NC.4 (Neighborhood Conservation) to GC (General Commercial). (Petitioner: Kenneth Roach)

Agenda Item 2019-0069: Requested vacation of several public rights-of-way located southwest of the intersection of 33rd Street and Floyd Boulevard. (Petitioner: Kenneth Roach)

Brent Nelson presented items 2019-0068 and 2019-0069. Nelson stated that rezoning from NC.4 (Neighborhood Conservation) to GC (General Commercial) is consistent with the Com- prehensive Plan and with the development patterns in the area. Nelson spoke on the concerns of intermixing commercial traffic with the traffic in and out of Queen of Peace and Saint Antho- ny’s Place. Nelson noted it will be difficult to place multiple curb cuts along 33rd Street that will not affect the current driveways into Queen of Peace and Saint Anthony’s Place. Due to this, staff does not recommend rezoning west of Martha Street.

Nelson stated, at this time, there is no indicated use of the subject property that is being rezoned. The area being rezoned is to exclude 2209 Linn Street, the last remaining residence in the area. Staff will support the rezoning of this address to GC if the owners request it. Nelson stated that with 2209 Linn Street remaining zoned NC.4, Linn Street will be protected by a 50- foot commercial set back from residential zoning.

Nelson stated that Mr. Roach would also like to vacate some the following public rights-of-way: Martha Street (aka Westcott Street), Linn Street (aka Randall Street) 32nd Street (aka Willow Street), and a portion of the north/south alley between Martha Street and Linn Street. Nelson gave a brief analysis of each street and alley as to the size, use, and if it had utilities. It was stated that one comment had been received MidAmerican on the existing lines and that an easement be maintained. Nelson stated staff would recommend approval of both items 2019- 0068 and 2019-0069. Ross asked what the main concern was besides curb cuts and topogra- phy to not rezone the west portion of the subject property. Nelson stated that those are the main concerns due to traffic issues. There was a lengthy discussion between the Commission Mem- bers and Nelson regarding curb cuts.

Barb Krigsten, real estate agent for the petitioner, responded to Ross’s question as to if the petitioner has a preference on what is rezoned and the development plans. Krigsten stated that they will agree with whatever the Commission and staff decides. These are preemptive measures to prepare for development. petitioner has no plans to develop the property himself.

Carlos Ochoa (3209 Linn Street, Sioux City, Iowa) appeared in opposition and voiced his concerns on the limited access he will have from his property with only one way in and out. He also stated that he was concerned about his address changing. Geary stated Ochoa currently had limited access, so he would need clarification on Ochoa’s needs. Ochoa stated with this vacation there with never be the possibility of additional access to his property. Nelson stated that his Ochoa’s address shouldn’t change but if he wants it changed he can file something with engineering. Nelson also stated that Ochoa will still have his current alley access because that was left out of the rezoning and vacation.

David Chobar (2313 Saint Anthony’s Place, Sioux City Iowa) stated he originally came to speak in favor of the item. However, after hearing the staff report, he has major concerns about the traffic coming into and off 33nd Street and Floyd Boulevard. His fear is, with three or more curb cuts, the already backed up traffic will become extremely backed up. Chobar would like to know what the car count is currently. Nelson stated he wasn’t aware but thinks it should only increase the car traffic by about 400 cars. Chobar also wanted to know what it would take to have a traffic study done to see if a traffic light is a better option to avoid the back up. Colman stated, based- on studies in other cities, he believes it to be an average of 750 cars in an intersection per hour. Nelson stated the DOT will be doing a traffic count this year.

(NOTE: Changes to the presentation should read as follows, 2209 Linn Street should be 3209 Linn Street and Martha Street (aka Westcott Street) should be Westcott Street (aka Martha Street).)

Ross (O’Neill) moved approval of that portion of the area proposed for rezoning lying east of the west line of Martha Street for item 2019-0068. 6-0-0 (Yes: Geary, Stewart, Ross, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Stewart (Ross) moved to approve the item 2019-0069 as presented. Motion carried. 6-0-0 (Yes: Geary, Stewart, Ross, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Agenda Item 2019-0071: Requested Planning and Zoning Commission approval of the finish materials on property location at 2805 West 4th Street. (Petitioner: Nelson Commercial Con- struction)

Chris Madsen presented the approval of finish materials for Nelson Commercial Construction. The petitioner is requesting to use 100% limited material of corrugated metal siding on the pro-

posed structure. The proposed structure is located at 2805 West 4th Street and will sit behind the current office structure, with no customer or staff parking adjacent to the building. The Mu- nicipal Code would allow 100% standard material. The petitioner is not required to use decora- tive materials. Staff would recommend approval of the materials.

Petitioner Steve Nelson (2805 4th Street, Sioux City Iowa) explained that when they expanded their office and received permission to put the new storage building in the back it had always been the plan to make it a metal building. Nelson stated he didn’t realize that metal wasn’t a standard material.

Bostinelos (Stewart) moved to approve the item 2019-0059 as presented. Motion carried. 6-0-0 (Yes: Geary, Stewart, Ross, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Other Business

a. Requested Conditional Sign Permit for property located at 1415 Villa Avenue.

Chris Madsen presented the Conditional Sign Permit for the Salvation Army. Madsen stated that there is not a standard for the signage in the NC-4 and NC-5 zones. Any signage on the site requires approval from the Commission and is reviewed on a case-by-case basis. They are proposing three new signs, which includes two digital signs on the site (one on the east and one on the west). These signs have been mounted, but not used. The third sign is to replace an existing east facing sign. The proposed signs would exceed the Urban Residential 50 feet cumulative sign area by almost doubling it at 96.78 square feet.

O’Neill asked it if many businesses excide the signage amounts by that much? Madsen stated that he could not think of a time that they double the square footage, but they frequently go over. Geary wanted to know if staff had looked at Urban Commercial code for signage standards? Madsen stated there is no standard code for signage in Urban Commercial so staff nor- mally uses the standards for Urban Residential. Geary wanted to know why staff recommended approval if the square footage was over the normal standard of past practice. Madsen stated, due to the size of the building, staff feels the amount of signage will not be excessive for the building.

O’Neill (Bostinelos) moved to approve this item. Motion carried. 4-2-0 (Yes: Stewart, Coleman, Ross, Bostinelos, No: Geary, O’Neill, Abstain: 0).

b. Discussion regarding Planning and Zoning Commission position on SIMPCO Board. c. Report by Geary regarding Planning and Zoning items at the City Council meeting. d. Other items brought forward by the commission and/ or staff. e. Approval of the minutes of the August 27, 2019 meeting.

Bostinelos (Ross) moved to approve the August 27, 2019 minutes. Motion carried. 6-0-0 (Yes: Geary, Stewart, Bostinelos, Ross, Coleman, O’Neill, No: 0 Abstain:0).

There being no further business, the meeting was adjourned at 5:38 p.m.

Submitted by Larissa Carrell

______CHAIR PLANNING DIRECTOR

CITY PLANNING AND ZONING COMMISSION ABBREVIATED MEETING MINUTES October 8, 2019

MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Jason Geary, Chair David Silverberg Larissa Carrell, Admin Secretary Eric Coleman Ryan Ross, Vice Chair Chris Madsen, Senior Planner Michelle Bostinelos Brent Nelson, Senior Planner Suzan Stewart Caleb Christopherson, City Attorney Cindy O’Neill Erin Berzina, Planner

Agenda Item 2019-0062: Requested vacation of all that part of the east/west alley adjacent to 1213 South Royce Street and the north/south alley adjacent to 4014 Stone Avenue, including the intersection of the alleys. (Petitioner: Jean Barr)

Erin Berzina presented the requested vacation, stating the original request was only for the east/west alley adjacent to 1213 South Royce Street. To prevent a dead-end alley, staff recommended adding the north/south alley adjacent to 4014 Stone Avenue. The petitioner proposes to purchase only a portion of the east/west alley adjacent to her property. The subject areas to be vacated are not used in the transportation system and are overgrown with trees and brush. Some surrounding property owners have voiced concerns that they will be land-locked or have insufficient access because of this vacation. Berzina stated that due to insufficient access to adjacent backyards, staff recommends denial of this vacation.

Geary asked if it was standard practice to recommend denial due to complaints. Berzina stated that the denial was based on a determination of insufficient access. O’Neill asked if the access issue would be solved if the abutting property owners purchased the one-half of the vacated alley offered to them. Berzina stated that it could and that each adjacent property owner is offered eight (8) feet of the vacated alley. Berzina also stated that may not be enough space to get large landscaping equipment into the area. O’Neill stated she doesn’t think it is right to deny the vacation based on the reasons stated in the staff report. She stated that if no one chooses to buy the vacated alleys, they can still be used but are not maintained by the city any longer. Geary agreed.

Jean Barr, Petitioner, (1213 South Royce Street, Sioux City, Iowa) spoke on the vacation. Barr stated she currently maintains the property with little to no help from her neighbors. She stated if the alley is vacated and she purchases her portion of the east/west alley, she will be able to better maintain the property which will improve the appearance of her property.

Ron Howard (1210 South Saint Aubin Street) spoke in opposition to the item. He stated that one main area of concern is losing access to his backyard the two (2) or three (3) times a year he needs access for landscaping purposes. His other concern is that any grading changes to the north/south alley may have negative effects. Mr. Howard stated that his property sits much

higher than the other properties and he doesn’t want to have any problems if his property is draining into someone else’s property and starts causing an issue.

O’Neill (Coleman) moved to approve item 2019-0062. Motion carried. 5-0-0 (Yes: Geary, Stewart, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Agenda Item 2019-0067: Requested final plat of Shirley Oaks Subdivision located at 914 South Fairmount Street. (Petitioner: Alan Fagan, Surveyor and Gene Sherman, Owner) Brent Nelson presented the final plat of Shirley Oaks Addition. Nelson showed the final plat and stated the property would be split into 13 lots. Lots one through five (1-5) and eight through ten (8-10) would most likely be sold off for single family dwellings and/or side by side town homes. Lots seven (7) and eleven (11) will remain in Sherman’s position, as he lives on Lot seven (7) and lot eleven (11) houses a cell tower. The property is zoned NC.4 which allows for this type of housing, and all thirteen (13) lots shown on the proposed final plat meet the minimum requirements. Nelson mentioned where the water service and sewer service is available from. Nelson stated that the language for the large water way easement is still being finalized. The waterway runs through the middle of the property from South Rustin Street to South Fairmount Street. The intent of this easement is not to increase or decrease the Petitioner’s responsibilities for the maintenance of the ditch through the subdivision. Nelson went on to mention the 2017 Board of Adjustment approval of a Conditional Use Permit for a cell tower on Lot eleven (11). Nelson mentioned an access easement to that tower that crossed Lot eight (8). Staff is unaware of any requirements that would prohibit a residence from being built on a lot that is already occupied by a cell tower. With that being said it is very unlikely that someone would build on this lot as the frontage on Marshall Avenue is very steep and rug- ged. Jason Geary expressed concern with the cell tower that is located on this property and the 200 foot fall zone. Geary stated we wouldn’t approve a cell tower within 200 feet of a current stand- ing home, so why are we now asking to approve platting land to develop homes within 200 feet of a cell tower. Stewart, O’Neill, and Bostinelos stated when deciding to purchase or develop this land perspective buyers are well aware of the cell tower and it is their choice whether or not to buy in this area. Chris Madsen gave an example of an established liquor store and then a church moving next door even though the liquor store isn’t allowed within 200 feet of the church. If the liquor store stops operating for any amount of time it wouldn’t be able to open back up in the same location. As stated, since the cell tower was established first, the area can be developed around it. Alan Fagan, Surveyor, for Petitioner, spoke on behalf of Gene Sherman and himself. He stated that Sherman has owned this property for a long time and Sherman’s house is located on this land. Fagan stated that Sherman plans to do as he has with his other plats such as Sherman Oaks Subdivision. Fagan stated they do not plan on developing the area themselves. Fagan also stated, at this time, the lot with the cell tower will not be sold and will stay in Sherman’s ownership. Fagan stated some of the lots are smaller but they are buildable. Sandy Hanlon (2609 Marshall Avenue, Sioux City, Iowa) appeared in opposition and voiced her concerns on water runoff issues and the amount of machinery traffic. Hanlon’s concern lies with the fact that this property is located in a hilly neighborhood. With developing and disrupting the ground, she asked what actions would be taken to prevent damage to property located lower than Mr. Sherman’s land. Hanlon went on to voice her concern on the damages to other properties that the vibrations of heavy machinery can cause and who would be responsible for damages. Hanlon stated she agrees that Sioux City needs housing, but is concerned about this location. Jeanette Bobeen (725 South Fairmount Street, Sioux City, Iowa) stated she was neither in favor of nor opposed to this item. She did, however, have questions that she wanted addressed. If not addressed now, she wanted the questions noted so that when it came time for development

of the property the developers knew how the neighbors felt and what their concerns were. Bob- een’s concerns were mainly with the amount of traffic this would be adding to the neighborhood and what damage could be caused to her property from the construction. With the possible damage to her property she wanted to know who would be responsible for any necessary repairs. O’Neill stated the final plat is the only item being discussed. It is not known when the property will be developed, who will develop it or how it will be developed. O’Neill asked Bobeen to voice these concerns again when a site plan comes forward. O’Neill stated, at this time, we wouldn’t have any answers for her. Bostinelos stated that she feels Sioux City needs housing and she doesn’t want to prevent that even if the entire plat isn’t developable. She felt three to five houses are better than none. O’Neill (Bostinelos) moved to approve item 2019-0067 with the following conditions: prepare the waterway easement and note the abandoned sewer main. Motion carried. 4-1-0 (Yes: Stewart, Bostinelos, O’Neill, Coleman, No: Geary Abstain: 0).

Agenda Item 2019-0072: Requested vacation of all that portion of West Street from West 1st Street south to the north/south alley 100+ feet north of Highland Avenue. (Petitioner: Mark Baker)

Brent Nelson presented the vacation. Nelson stated this street is not needed in the City’s transportation system, is of substandard width, unpaved, excessively steep, and a maintenance issue for the City street crews. Stewart asked if there were any responses from the notices. Nel- son stated there were six (6) responses from the neighbors; all in favor of the proposed vacation.

Mark Baker, Petitioner (1700 West 1st Street, Sioux City, Iowa) explained the main reason he would like to obtain this property is to add to his current yard. He would also like to prevent anyone from driving on the property because he feels it is a safety issue for the kids. Nelson stated, until the City can replace the curb, a barricade can be put in place to eliminate traffic.

Bostinelos (Stewart) moved to approve the item 2019-0072 as presented. Motion carried. 5-0-0 (Yes: Geary, Stewart, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Agenda Item 2019-0070: Requested Sign Design Program for the property located at 801 5th Street and 623 Jones Street. (Petitioner: The Sign Shed & Graphics)

Chris Madsen presented that the petitioner is proposing 43 (forty-three) total advertising signs, with most replacing old signs in the same location. Madsen went over the Sign Design Program Flexibility Criteria in subsection 25.05.190.2 of the Municipal Code. Madsen noted the total existing signage area is 1449.0 square feet and the total proposed signage area is 1736.2 square feet, making a difference of 287.2 square feet. Madsen went into more detail regarding the two (2) signs that were drastically changing in size. The first is a façade sign on the north building on Jones Street and the second is the roof mounted sign. Madsen stated that staff would recommend approval and that staff believe that the request meets the requirements of the Municipal Code and the Flexibility Criteria of the Sign Design Program.

Stewart (Bostinelos) moved to approve the item 2019-0070 as presented. Motion carried. 5-0-0 (Yes: Geary, Stewart, Bostinelos, O’Neill, Coleman, No: 0 Abstain: 0).

Other Business

f. Discussion regarding Planning and Zoning Commission position on SIMPCO Board. • Cindy O’Neill has agreed to take on the position on the SIMPCO Board and was appointed as of October 8, 2019. g. Report by Geary regarding Planning and Zoning items at the City Council meeting. h. Other items brought forward by the commission and/ or staff. • Tonight is Eric Coleman’s last meeting, as he no longer meets residency requirements to be on the PZ/BOA Commission. Larissa Carrell spoke on behalf of staff and expressed our thanks for his time of service. i. Approval of the minutes of the September 24, 2019 meeting.

O’Neill (Stewart) moved to approve the September 24, 2019 minutes. Motion carried. 5-0-0 (Yes: Geary, Stewart, Bostinelos, Coleman, O’Neill, No: 0 Abstain:0).

There being no further business, the meeting was adjourned at 5:35 p.m.

Submitted by Larissa Carrell

______CHAIR PLANNING DIRECTOR

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 11 Gordon L. Phair, City Engineer FROM: Katie Schultz, Civil Engineer

Hearing and Resolution approving plans, specifications, form of contract, SUBJECT: and estimated cost for construction of the 10th St. and Irene St. Paving Repair Project (Project No. 7070-519-127).

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests that the City Council conduct a public hearing and approve the construction documents for the 10th St. and Irene St. Paving Repair Project (Project No. 7070-519-127).

DISCUSSION: The City Engineering Division has completed plans and specifications for the 10th St. and Ire- ne St. Paving Repair Project. This project includes the construction of paving, sidewalk, and inlets damaged by a water main break.

A bid letting will take place October 29, 2019. This project shall be completed within 15 working days, which is anticipated to be in May of 2020.

FINANCIAL IMPACT: This project is funded using transfers in water funds under CIP 519-127. The Engineer’s opin- ion of probable construction cost for the work is $52,875.00. The project currently has an available balance of $236,254.00.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: City Council may choose to not approve construction documents for this project. This would stop the project from moving forward.

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR CONSTRUCTION OF THE 10TH ST. AND IRENE ST. PAVING REPAIR PROJECT (PROJECT NO. 7070-519-127).

WHEREAS, on the 14th day of October 2019, plans, specifications, form of contract and estimated cost were filed with the Clerk of Sioux City, Iowa, for construction of the 10th St. and Irene St. Paving Repair Project, within the corporate limits; and

WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law; and

WHEREAS, the City Council is advised and does believe that said plans, specifications, form of contract and estimated cost should be approved.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the plans, specifications, form of contract and estimated cost for the construction of the 10th St. and Irene St. Paving Repair Project be and the same are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project.

PASSED AND APPROVED: October 28, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: October 28, 2019 ACTION ITEM # 12 Tom Everett, Fire Chief FROM: Mark Aesoph, Fire Marshal

SUBJECT: Present information on Fire Safety Operational Permits.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff would like to provide information on Fire Safety Operational Permits, as requested by Council. Staff respectfully recommends that no changes be made to the current Fire Safety Operational Permit fee structure.

DISCUSSION: Fire Safety Operational Permits were established in March of 2013 and were first charged during the 2013 inspection cycle, collected for FY14 revenue. All properties are inspected annually and billed after successfully completing their inspection. While all properties are inspected once per calendar year, all billing occurs after July 1 of that year, so all collections fall into the correct fiscal year. These permit fees were established to assist in offsetting the costs of providing fire inspection services.

• 3,010 Properties in system as of October 18, 2019 • $169,165 – Current total for FSOP fees as of October 18, 2019 • $56 – average fee • 261 Properties are not charged due to having liquor license • 1,942 (65%) properties pay the minimum $20 fee annually • 33 properties pay the maximum $500 • 438 properties pay $100 or more • $1,112,110 – Charged since beginning in FY14 • $158,873 – Average revenue • On average, less than $4,500 of the fees are sent to collections annually which is less than 3%

FINANCIAL IMPACT: Fire Safety Operational Permits have generated approximately $159,000 annually.

RELATIONSHIP TO STRATEGIC PLAN: II. Health and Safety Cluster: We will be known as a safe and healthy city.

ALTERNATIVES: The Council may choose to alter any of the Fire Safety Operational Permit fees, leave them as adopted by resolution or remove them completely.

ATTACHMENTS: Copy of Ordinance 2013-0206 and Resolution 2013-0207.