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, November 9, 2020, 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

2. Interviews for the Inclusive Sioux City Advisory Committee: Jim Jung, Eric Meyer, and Mar- garite Reinert

CONSENT AGENDA

Items 3 through 10B constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member.

3. Reading of the City Council minutes of November 2, 2020.

4. BODY ARMOR - Resolution authorizing the Sioux City Police Department to accept the Department of Justice, Office of Justice Programs Bulletproof Vest/Body Armor Initiative in the amount of $18,287.50 to purchase body armor for sworn members of the Sioux City Po- lice Department.

5. FIBERCOMM - Resolution granting a permit to FiberComm to own, operate and maintain underground cable commencing at the northeast corner of Indian Hills Drive and Outer Drive; thence proceeding southwest in the east right-of way of Indian Hills Drive for approximately 175 feet and ending adjacent to 3800 Indian Hills Drive.

6. KINGS HWY - Resolution proposing to sell certain real property. (that part of vacated Kings Highway abutting 304 Kings Highway) (Petitioner: Donald W. Klingborg and Karrie J. Klingborg) (Purchase Price: $4,865.25 plus costs)

7. ACTIONS ADOPTING CONSTRUCTION DOCUMENTS

A. SECURITY ENTRANCE - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Police / Fire Administration Se- curity Entrance Addition Project. (Project No. 7145-195-050)

B. ROOF REPLACEMENT - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the City Facilities Roof Replace- ment Project. (Project No. 7139-539-143, 889-003, 379-010, 459-055)

8. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. MORNINGSIDE PLUMBING - Resolution approving a payment to Morningside Plumbing of Sioux City, Iowa in the amount of $28,345.58 for drain line and manhole repairs at the Central Maintenance Garage.

B. TR HARRIS - Resolution accepting the work and authorizing final payment to TR Har- ris Construction, Inc. for the Lewis and Clark Park Parking Lot Project. (Project No. 6905-459-212)

9. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Firehouse Bar, 1211 5th Street (Renewal) b. HDMONA Bar and Restaurant, 414-416 Jackson Street (Renewal) c. Perera’s Place, 2611 Correctionville Road (Renewal)

B. OFF-PREMISE SALES

1. CLASS B WINE PERMIT (wine only) a. Moes Mart No. 9, 2930 Gordon Drive (New) b. Moes Mart No. 10, 1035 Morningside Avenue (New) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Moes Mart No. 9, 2930 Gordon Drive (New) b. Moes Mart No. 10, 1035 Morningside Avenue (New) 3. CLASS E LIQUOR LICENSE (liquor only) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Renewal)

10. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Mayor’s Youth Commission – October 5, 2020 B. Transit System Advisory Board – October 21, 2020

- End of Consent Agenda - RECOMMENDATIONS OF PLANNING AND ZONING

11. Resolution accepting and approving the Final Plat for Bluff Heights Addition, a re-plat of Lots 1 thru 4, Lots 13 thru 16 and part of vacated north/south alley all in Block 1, Morning- side Addition to Sioux City, Woodbury County, Iowa. (Petitioner: Marlin Nelson) The Plan- ning and Zoning Commission recommends approval of this item. (File No. 2020-0070)

12. Hearing and Ordinance vacating all of the north/south and east/west alleys adjacent to 113 6th Street and 609 and 613 Water Street. (Petitioner: Ponca Tribe of Nebraska) The Plan- ning and Zoning Commission recommends approval of this item. (File No. 2020-0071)

13. Hearing and Ordinance rezoning 4600 South Lewis Boulevard from Zone Classification BP (Business Park) to Zone Classification GI (General Industrial). (Petitioner: Brickyard Devel- opers, LLC) The Planning and Zoning Commission recommends approval of this item. (File No. 2020-0073)

14. Hearing and Ordinance repealing Chapter 24.10 entitled “Subdivision Platting” and amending Chapter 25.04 entitled “Subdivision Design and Land Development” of the Sioux City Municipal Code by repealing Subchapter 25.04-A and enacting in lieu thereof a new Sub- chapter 25.04-a to be entitled “Subdivision” for the purposes of establishing procedures, standards and regulations governing subdivisions. (Petitioner: City of Sioux City) (File No. 2020-0062) The Planning and Zoning Commission Recommends approval of this item.

15. Hearing and Ordinance amending Chapter 25.07 entitled “Definitions” of the Sioux City Mu- nicipal Code by adopting new definitions and clarifying existing definitions governing subdivisions. (Petitioner: City of Sioux City) (File No. 2020-0075) The Planning and Zoning Commission Recommends approval of this item.

16. Ordinance amending Chapter 20.30 entitled “Grading Ordinance” of the Sioux City Munici- pal Code to clarify that grading permits shall not be used in place of preliminary plats for subdivision development purposes. (Petitioner: City of Sioux City)

DISCUSSION

17. Resolution amending the Fire Department’s authorized payroll complement by adding three (3) additional full-time paramedic positions within the Emergency Medical Services (EMS) Division.

18. Resolution recommending to the United States Department of Transportation an airline carrier to provide service to the Sioux Gateway Airaort / Brigadier General Bud Day Field. (SkyWest Airlines)

19. CITIZEN CONCERNS

20. COUNCIL CONCERNS

21. 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.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 2 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

Interviews for the Inclusive Sioux City Advisory Committee: Jim Jung, Eric SUBJECT: Meyer, and Margarite Reinert

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

RECOMMENDATION: Staff respectfully requests that Council interview the above applicants for the Inclusive Sioux City Advisory Committee.

DISCUSSION: Inclusive Sioux City Advisory Committee - there are 11 positions vacant on the newly created committee.

Jim Jung is currently serving on the Gjilan Kosovo Sister City Committee for a term expir- ing December 31, 2022. He previously served the following terms on the Historic Preserva- tion Commission: 1st Term - 07/15/02 - 06/30/05 1st Term - 09/12/05 - 06/30/08 2nd Term - 07/14/08 - 06/30/11 3rd Term - 07/01/11 - 06/30/14 4th Term - 07/01/14 - 06/30/17 5th Term - 07/17/17 – 06/30/20 (Resigned September 2018)

Eric Meyer has not previously served on any of the City Council appointed Boards, Commis- sions or Committees.

Margarite Reinert has not previously served on any of the City Council appointed Boards, Commissions or Committees.

Below is a portion of the Vacancy Report pertinent to the Inclusive Sioux City Advisory Committee:

Inclusive Sioux City Advisory Committee 9 Vacancies: NAME Vacancy Infor- EXPIRES mation

11 Members: NAME TERM (4 Year) APPOINTMENT EXPIRES NAACP 1st 12/31/24 Unity in the Com- 1st 12/31/24 munity Native American 1st 12/31/24 Religious Commu- Partial 12/31/23 nity Latinx Community Partial 12/31/23 Asian Community Partial 12/31/23 LGBTQ Partial 12/31/22 Resident at Large Partial 12/31/22 Resident at Large Partial 12/31/22 City Council - Non- N/A voting City Manager - N/A Nonvoting

Application Re- Interview 5 Applications: NAME ceived date/Notes App Expires Latinx Community Christian Hugo 10/19/20 10/26/20 04/19/22 Prieto Native American Michael O’Connor 10/23/20 11/02/20 04/23/22 Asian Community Kien Sek 10/27/20 11/02/20 04/27/22 Unity in the Com- Margarite Reinert 10/28/20 11/09/20 04/28/22 munity Religious Commu- Eric Meyer 10/28/20 11/09/20 04/28/22 nity Resident at Large Jim Jung 11/02/20 11/09/20 05/02/21

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; also relates to Strategy - Develop strong partnerships with our residents, visitor’s and business community. As stewards of the City of Sioux City we will strive to enhance connectivity with citizens and businesses – Encourage resident engagement within the community.

ALTERNATIVES: Staff respectfully requests Council interview all Board, Commission and Committee applicants; Council may then choose to appoint or not to appoint each interviewee per their individual preference. City Clerk’s staff will collect preferences from Council after all applicants for each Board, Commission and Committee have interviewed and the expiration dates of the terms to be filled have passed.

ATTACHMENTS: Applications

CITY CLFRK!:;

CITY OF SIOUX CITY, IOWA 7P, ACT '20 !.•.HR:15, SIOUX APPLICATION FOR APPOINTMENT TO A CITY COUNCIL OF SIOUX CITY APPOINTED BOARD, COMMISSION OR COMMITTEE CITY Date 10/27/2020 BOARD, COMMISSION or COMMITTEE: INCLUSIVE SIOUX CITY ADVISORY COMMITTEE

GENDER BALANCE - Section 69.16A of the Iowa Code requires gender balance on those City Boards and Commissions required or governed by state law unless the City has made a good faith effort for a period of three months to appoint a qualified person. This affects and includes: Airport Board of Trustees; Civil Service Commission; Human Rights Commission; Library Board of Trustees; and Planning and Zoning Commission.

GENERAL INFORMATION

Name Margarite Reinert Phone Residence 712-560-6334

Home Address 2839 Summit St Sioux City, IA 51104 Street City/State Zip E-Mail Address [email protected]

Employer Briar Cliff University Phone Business 712-279-5200

Business Address 3303 Rebecca Street Sioux City, IA 51104 Street City/State Zip Code PLEASE ANSWER ALL OF THE FOLLOWING QUESTIONS:

Are you a Sioux City resident? Yes® No® How many years have you been a resident? 40 years Are you a registered voter? Yes ® No 0 Have you reviewed the Ordinance or Resolution establishing the Board, Commission or Committee you are applying for? Yes® No 0 (If no, please contact the City Clerk's Office at 712.279.6313 to obtain a copy.)

SERVING ON A BOARD - Are you currently serving on any other City Council appointed Board, Commission or Committee? YesQ No ® If yes list here: It is the general policy of the City to allow a person to serve on only one City Council appointed Board, Com- mission or Committee at any given time. If you answered yes, please explain why Council should make an exception to the general policy and allow you to serve on multiple Boards, Commissions or Committees:

Have you previously served on any other City Council appointed Board, Commission or Committee? Yes° No® If yes list here:

COMMUNITY INVOLVEMENT - Please describe your past and present community involvement including voluntary, social, city, church, school, business, and/or professional associations you have been involved in and are applicable to this application. (Include dates of involvement and any offices or leadership positions held.)

I have been active in our community ongoing for many years. My community involvement includes serving on the UNITY in the Community board member (2018/2020), Norm Waitt Sr. board member (2019-2020), Kind World Foundation Distinguished Scholar selection committee(2012-2020), League of Women Voters(2008-2020), Sioux City Community Theater Youth Theater Advisory Committee (2017-2020). I have actively participated in volunteering in the youth programs and services at Sunnybrook (2009-2014) and Morningside Lutheran(2015-2020) churches. STATE S COUNTY, or MUNICIPAL BOARDS or COMMISSIONS - List any you are presently serving on:

SPECIAL QUALIFICATIONS - Please list any special qualifications for serving on a City Council appointed Board, Commission or Committee including skills, training, licenses and certificates that are applicable: I was born and raised in Sioux City and have served the community as a professional social worker for the past 20 years. Within that time I have worked with and collaborated with numerous local governmental entries, agencies, and organizations. Through my professional as a licensed Master Social Worker and volunteer experience I am well versed in the needs of the community. As a result of my various board memberships in the community and at Briar Cliff University, I am a skilled communicator and collaborator. INTEREST - State why you would like to volunteer to serve and what contributions you believe you can make: As a representative for the UNITY in the Community Board on the Inclusive Sioux City Advisory Committee I would enthusiastically work to advance the goal of creating more equitable outcomes for the people who live and work in Sioux City. I would contribute hard work, dedication, and an extensive network of community connections to this committee.

CONFLICT OF INTEREST - Chapters 362.5, 362.6, 403.16 and 403A.22 of the Code of Iowa describe potential conflicts of interest for City officials. A Disclosure of Interest Statement as well as the aforementioned Iowa Code has been attached to this application for your review. If you have any questions regarding this issue please contact the City Attorney's Office at 712-279-6318. Are you aware of any conflict of interest or potential conflict of interest that may prevent you from carrying out your responsibilities on this Board, Commission or Committee in the best interest of the City of Sioux City? If so, please describe:

PERSONAL REFERENCES - Please list 2 references, the City Council may contact your references: Monique Scarlett Carolyn Goodwin Name: Name: 3718 Jackson St. 3519 Alpine Ave. Address: Address: Sioux City, IA 51104 Sioux City, IA 51106

712-574-1745 712-251-4502 Phone: Phone:

I understand the role and responsibilities of membership on this City Council appointed Board, Commission or Committee and I am willing to serve. In applying for appointment I understand the City Council may make in- quiries in the community pertinent to my appointment. I also understand that as a member of any Board, Commission or Committee I may be dismissed from the Board, Commission or Committee and or disqualified by the City Council as a candidate for the Board, Commission or Committee membership for making untrue or discriminatory statements about others, including members of protected classes.

If appointed, I am willing to attend the designated Board, Commission or Committee training. Yes ® No 0

By typing my name in the box below I am offering my digital signature in lieu of my handwritten signature. I understand that my digital signature carries the same legal bindings as my handwritten signature. Margarite Reinert 10/27/2020 /s/ Date Signature

Applications are kept on file and active for 18 months from the date you file. A separate application must be completed for each Board, Commission or Committee on which you would consider serving. File applications with the City Clerk's Office, 1st floor, City Hall, 405 6th Street, Sioux City, Iowa, 51101; or mail to City Clerk's Of- fice, P.O. Box 447, Sioux City, Iowa, 51102-0447; or email CityBoardsandCommissions sioux-citv.org. Thank you! SI0UX City of Sioux City INCLUSIVE SIOUX CITY ADVISORY COMMITTEE CITY (Advisory Committee)

MISSION STATEMENT The mission of the Inclusive Sioux City Advisory Committee is to advise the Mayor and City Coun- cil on equity and inclusion strategies that strengthen connections among diverse communities living and working in Sioux City and with the city government and members of the Sioux City Business and non-profit communities. The goal of this work is to create more equitable outcomes for the people who live and work in our community.

MEMBER ROLE Equity, inclusiveness and access are vital components in connecting citizens to opportunities for success and advancement in our community so that all communities share the opportunities and challenges of growth and change. The role of the committee is to advise the Mayor and City Council on opportunities and barriers for the inclusion of all residents as it pertains to housing, transportation, economic development, public safety, community engagement and quality of life issues for people of all races, sexual orientations, religious beliefs, ethnicities, incomes, and abilities.

Nominee's Questionnaire

1. The Inclusive Sioux City Advisory Committee shall consist of eleven (11) members comprised of a broad make up of our community. Nine (9) members shall be appointed from the list of communities below and there will be two (2) non-voting members, a member of the City Coun- cil and the City Manager. Please indicate below if you are a member of: NAACP (one (1) member) Unity in the Community (one (1) member) Native American Community (one (1) member) Religious Community (one (1) member) Latinx Community (one (1) member) Asian Community (one (1) member) LGBTQ Community (one (1) member) Resident of the City of Sioux City (two (2) members)

All members must reside within the Sioux City city limits.

Members shall each serve for a term of four (4) years, except that vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his or her suc- cessor has been appointed. The initial appointments to the Inclusive Sioux City Advisory Com- mittee shall be staggered so the terms of no more than three (3) members of the Advisory Committee shall expire in any one (1) year.

Update October 2020 2. Inclusive Sioux City was created with the concept of providing guidance to the City Council on matters relating to diversity, inclusion, and equity. Do you have specific ideas related to improvement in these areas? I would like to see our city government (employment, leadership, board membership, and engagement) more reflective of our community.

3. What impact do you believe Inclusive Sioux City could have, or will have, on our community? I believe it could be instrumental our local governmental agencies and community engagement can be more reflective or the richness of diversity in our community.

4. Inclusive Sioux City is advisory in nature; what do you see as your role if appointed? I would see my role being an advocate for change and ensuring the voices of all in the community are heard. I would also see my role as being a broker of change in working with the community and the city toward positive outcomes by communicating and partnering with both. In addition to that I would see my role being a facilitator between the community and city government.

5. Inclusive Sioux City shall meet no less than six (6) times per year and a quorum of five (5) members must be present to conduct a meeting. The Inclusive Sioux City Advisory Committee may call a special meeting if need arises. Specific monthly meeting dates and times will be decided after the members are appointed.

By typing my name in the box below I am offering my digital signature in lieu of my handwritten signature. I understand that my digital signature carries the same legal bindings as my handwritten signature.

/s/ Margarite Reined 10/27/2020 Signature Date

Update October 2020 CITY COUNCIL CHAMBERS SIOUX CITY, IOWA NOVEMBER 2, 2020

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: Groetken, Moore, Schoenherr, Scott, and Watters. Ab- sent: None. (Schoenherr participated by teleconference call)

Staff members present included: Robert K. Padmore, City Manager; Nicole M. DuBois, City At- torney; and Heidi Farrens, Deputy City Clerk.

Mayor Scott, on behalf of the City Council, proclaimed November 2020 as “National Hunger and Homelessness Awareness Month” in Sioux City; Cindy and Mike Wood, Co-Founders of the Siouxland Sleep Out, accepted the proclamation. Mayor Scott, on behalf of the City Council, proclaimed November 2020 as “Lung Cancer Awareness Month” in Sioux City.

2. The Council interviewed the following applicants for positions on Boards, Commissions, and Committees: A. Historic Preservation Commission: Elizabeth Dooley Hope B. Inclusive Sioux City Advisory Committee: Michael O’Connor and Kien Sek C. David Brockshus was scheduled but unable to appear for his interview for a position on the Planning and Zoning Commission/Board of Adjustment. He will be rescheduled for a later date.

CONSENT AGENDA

Due to a clerical error the Agenda incorrectly listed the Consent Agenda to include Items 3 through 12D; Scott announced the correction to include Items 3 through 12E.

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 12E are approved unanimously unless specifically noted after the item.

3. Reading of the City Council minutes of October 26, 2020.

Reading of the minutes of October 26, 2020, was waived and as part of the consent agenda the minutes were approved as presented.

4. INCLUSION LIAISON - Resolution amending the position classification manual adopted by Resolution No. 91/T-9972 by adding thereto the position, title and job description of Com- munity Inclusion Liaison, Class Code 1500; amending the salary schedule and authorizing said position in the City Manager Department. 2020-0828

5. RP CONSTRUCTORS - Resolution accepting the work and authorizing final payment to RP Constructors, LLC for the North Hangar Drainage Basin and Drainage Improvements Pro- ject at the Sioux Gateway Airport/Brigadier General Bud Day Field. (City Project No. 7064- 749-117-118 / IDOT Grant No. 9I190SUX100, and IDOT Grant No. 9I191SUX100) 2020-0829 DRAFT 6. ACTIONS RELATING TO ANNUAL REPORTS

A. EVENTS FACILITIES - Motion accepting and approving the Events Facilities and Tour- ism Advisory Board FY 2020 Annual Report. 2020-0830

B. GJILAN KOSOVO - Motion accepting and approving the Gjilan Kosovo Sister City Committee FY 2020 Annual Report. 2020-0831

C. HUMAN RIGHTS - Motion accepting and approving the Sioux City Human Rights Commission FY 2020 Annual Report. 2020-0832

7. ACTIONS RELATING TO BONDS

A. Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of $15,510,000 General Obligation Refunding Capital Loan Notes, Series 2020C, and levying a tax to pay said notes; approval of the Tax Exemp- tion Certificate and Continuing Disclosure Certificate. 2020-0833

B. Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of $3,725,000 Taxable General Obligation Refunding Capital Loan Notes, Series 2020D, and levying a tax to pay said notes; approval of the Contin- uing Disclosure Certificate. 2020-0834

8. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. NYSTROM ELECTRIC - Resolution awarding and approving a contract to Nystrom Elec- tric Company in the amount of $520,000 for the Tyson Events Center, LLFRC, and Con- vention Center Fire Alarm Replacement Project. (Project No. 7143-379-010,459-102, 379-051) 2020-0835

B. BAINBRIDGE CONSTRUCTION - Resolution approving an emergency contract with Bainbridge Construction, LLC in the amount of $50,290 for the construction of the Utility Pavement Repair Phase VIII Project. (Peters Avenue) (Project No. 7154-519-127) 2020-0836

C. FIBERCOMM

1. Resolution granting a permit to FiberComm to own, operate and maintain underground cable commencing at the southeast corner of 21st Street and Jackson Street, thence proceeding west in the south right-of-way of 21st Street for approximately 196 feet where construction will end. 2020-0837

2. Resolution granting a permit to FiberComm to own, operate and maintain underground cable commencing at the southeast corner of South York Street and Don- ner Avenue, thence proceeding north in the east right-of-way of South York Street for approximately 225 feet, and ending at 4444 South York Street. 2020-0838

3. Resolution granting a permit to FiberComm to own, operate and maintain underground cable commencing at the southwest corner of West 3rd Street and Kansas Street, thence proceeding north for approximately 80 feet crossing West 3rd Street, and ending in the northwest corner of West 3rd Street and Kansas Street adjacent to 101 West 3rd Street. 2020-0839 DRAFT 9. ACTIONS RELATING TO PROPERTY

A. RUBY ST - Resolution proposing to sell certain real property. (A portion of the vacated north/south alley adjacent to 1423 Ruby Street) (Petitioner: Royce L. Atkinson and Lisa M. Atkinson) (Purchase Price: $1,393.92 plus costs) 2020-0840

B. W CANAL ST - Resolution proposing to sell certain real property. (The north one-half of vacated West Canal Street abutting 3376 1/2 Stone Park Boulevard) (Petitioner: Warren Dunkle) (Purchase Price: $1,350 plus costs) 2020-0841

10. PURCHASING

A. MURPHY TRACTOR - Resolution awarding a purchase order to Murphy Tractor and Equipment of Sioux City, Iowa in the amount of $517,800 for the purchase of two (2) John Deere 670G Road Graders. (RFB No. 263911) 2020-0842

B. THOMAS BUS SALES - Resolution awarding a purchase order to Thomas Bus Sales, Inc. of Des Moines, Iowa in an amount not to exceed $78,654 for the purchase of one 176” wheelbase light-duty, ADA compliant, gasoline bus for the Sioux City Transit Sys- tem. 2020-0843

Mike Collett, Assistant City Manager, provided information on the item.

C. HEIMAN - Resolution awarding a purchase order to Heiman Inc. of Ashton, Iowa in the amount of $166,294.80 for the purchase of turnout gear for Sioux City Fire Rescue. (Bid No. 264110) 2020-0844

11. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. Axe to Grind, 2101 Hamilton Boulevard (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. The Arena, 4501 Southern Hills Drive (Renewal) b. El Tapatio, 3400 Gordon Drive (Renewal) c. One-Eyed Jacks, 3091 Hamilton Boulevard (Renewal)

B. OFF-PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Downtown Liquor, 1203 5th Street (Renewal) b. Braunger Steak Company, 1436-40 Hamilton Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Downtown Liquor, 1203 5th Street (Renewal) b. Braunger Steak Company, 1436-40 Hamilton Boulevard (Renewal) c. Sarg’s Mini Mart, 3407 Glenn Avenue (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Downtown Liquor, 1203 5th Street (Renewal)

12. BOARD, COMMISSION, AND COMMITTEE MINUTES A. Active Transportation Advisory Committee – August 19, 2020 B. Airport BoardDRAFT of Trustees - September 17, 2020 C. Building and Housing Code Board – July 7 and October 6, 2020 D. Library Board of Trustees – October 21, 2020 E. Planning and Zoning Commission – October 13, 2020

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

13. Hearing and ordinance amending Chapter 25.02 of the Sioux City Municipal Code Entitled “Zoning Districts and Land Use” to allow in-ground swimming pools to be protected and enclosed by a power safety cover in lieu of a wall or fence. (Petitioner: Paul Koskovich) The Planning and Zoning Commission recommends denial of this item. (File No. 2020-0072) (First Consideration approved October 26, 2020) 2020-0845

Motion by Scott, seconded by Moore, to open the hearing and pass second consideration of the ordinance. No citizen input was received and the hearing was closed; 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 Moore, the ordinance passed third considerations; all voting aye.

HEARINGS

14. Hearing and Resolution determining an area of the City to be a blighted area and economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for an urban renewal project; and adopting Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Project Area. (Property located at 705 Douglas Street) 2020-0846

Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye.

15. Hearing and Resolution accepting the proposal of BadgerowDeveloper, LLC for the purchase of certain property in the Combined Central Sioux City -CBD Urban Renewal Area and authorizing a Development Agreement, Minimum Assessment Agreement, and Parking License Agreement. (622 Fourth Street) (Deferred from October 19, 2020) (Motion requested to defer this item to November 16, 2020)

Motion by Scott, seconded by Moore, to defer the item to November 16, 2020; all voting aye.

DISCUSSION

16. Resolution awarding a purchase order to TBS Electronic, Inc. of Topeka, Kansas in the amount of $45,863 for the purchase of a portable Motorola radio system for the Tyson Events Center and Orpheum Theatre. (RFB No. 263574) (Deferred from October 19, 2020) DRAFT Motion by Scott, seconded by Moore, to amend the item to reject all bids received on Bid No. 263574 for the purchase of a portable Motorola radio system for the Tyson Events Center and Orpheum Theatre and to adopt the proposed resolution as amended; all voting aye.

17. Resolution awarding a Service Provider Agreement to TBS Electronic, Inc. of Topeka, Kan- sas in the amount of $4,800 for the installation of a portable Motorola radio system for the Tyson Events Center and Orpheum Theatre. (RFB No. 263574) (Deferred from October 19, 2020)

Motion by Scott, seconded by Moore, to delete the item; all voting aye.

18. CITIZEN CONCERNS

There were no citizen concerns.

19. COUNCIL CONCERNS

Watters encouraged citizens to vote and to do so safely in the November 3rd election. Watters reminded bars and restaurants of the rising Covid-19 cases in Woodbury County and asked that they continue to follow social distancing guidelines.

20. ADJOURNMENT

There being no further business, the meeting was adjourned at 4:26 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:\City Agenda\Minutes and Agendas\Council Minutes\2020\110220m

DRAFT x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 4 FROM: Captain Mark Kirkpatrick, Police Department

Resolution authorizing the Sioux City Police Department to accept the De- partment of Justice, Office of Justice Programs Bulletproof Vest/Body Ar- SUBJECT: mor Initiative in the amount of $18,287.50 to purchase body armor for sworn members of the Sioux City Police Department

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

RECOMMENDATION: Staff respectfully requests the City Council approve the resolution for the Sioux City Police Department to accept a Department of Justice, Office of Justice Programs Bulletproof Vest/Body Armor Initiative in the amount of $18,287.50. The Grant funding period is August 1, 2020 through July 31, 2021.

DISCUSSION: The Sioux City Police Department is asking Council approval to accept the Department of Justice, Office of Justice Programs Bulletproof Vest/Body Armor Initiative, in the amount of $18,287.50. The funding is used by the department to purchase body armor for new officers. The funding is also available for current officers to purchase bulletproof vests, replacing worn, damaged, or out-of-date body armor. The grant pays 50% of the purchase price of the vest for new or current officers.

FINANCIAL IMPACT: The Grant covers 50% of the purchase price for each approved vest. The remaining cost of the vest is the responsibility of the purchaser. Matching funds are not required. Funding period is August 1, 2020 through July 31, 2021.

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: Reject the $18,287.50 in Grant funds.

ATTACHMENTS: Resolution 2020 BVP Grant Application BVP Award Email and Bulletproof Vest Award Summary RESOLUTION NO. 2020 - ______with attachments

RESOLUTION AUTHORIZING THE SIOUX CITY POLICE DEPARTMENT TO ACCEPT THE DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PRO- GRAMS BULLETPROOF VEST/BODY ARMOR INITIATIVE IN THE AMOUNT OF $18,287.50 TO PURCHASE BODY ARMOR FOR SWORN MEMBERS OF THE SIOUX CITY POLICE DEPARTMENT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Sioux City Police Department is hereby authorized and directed to accept the Department of Justice, Office of Justice Programs Bulletproof Vest/Body Armor Initiative, a copy of which is attached hereto and by this reference made a part hereof, in the amount of $18,287.50 to purchase body armor for sworn members of the Sioux City Police Department.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Dear BVP Applicant,

The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2020 Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP System. A complete list of FY 2020 BVP awards is available at: https://www.ojp.gov/program/bulletproof-vest- partnership/overview.

Important: Jurisdictions must be registered in the SAM system (https://www.sam.gov/SAM/) in order to be paid for any 2020 BVP funds. For more information about renewing and updating your existing SAM registration, or registering in SAM as a new entity, please visit https://fsd.gov/fsd-gov/answer.do?sysparm_number=KB0011081. The SAM Helpdesk can be reached at 866-606-8220.

The FY 2020 award may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered after April 1, 2020. The deadline to request payments from the FY 2020 award is August 31, 2022, or until all available funds have been requested. Awards will not be extended past that date, and any unused funds will be forfeited.

Please see the following websites for a list of NIJ compliant vests: https://cjtec.org/compliance- testing- program/compliant-product-lists/

As a reminder, all jurisdictions that applied for FY 2020 BVP funding certified that a mandatory wear policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear policies as funds are requested from the BVP System. For more information on the BVP mandatory wear policy, please see the BVP Frequently Asked Questions document: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FAQsBVPMandatoryWear Policy_0.pdf

Finally, please visit the following page for checklists and guides for each step of the BVP process: https://www.ojp.gov/program/bulletproof-vest-partnership/program-resources

For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at [email protected] or 1-877-758-3787.

Thank you

BVP Program Support Team Bureau of Justice Assistance

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 5 FROM: Gordon Phair, City Engineer

Resolution granting a permit to FiberComm to own, operate and maintain underground cable commencing at the northeast corner of Indian Hills SUBJECT: Drive and Outer Drive; thence proceeding southwest in the east right-of way of Indian Hills Drive for approximately 175 feet and ending adjacent to 3800 Indian Hills Drive.

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 Resolution granting a permit to Fi- berComm of Sioux City, Iowa, to perform underground construction in the City’s right-of-way for the installation of fiber optic network services commencing at the northeast corner of Indian Hills Drive and Outer Drive; thence proceeding southwest in the east right-of way of Indian Hills Drive for approximately 175 feet and ending adjacent to 3800 Indian Hills Drive.

DISCUSSION: The City has received a letter from FiberComm for a permit to install underground cable commencing at the northeast corner of Indian Hills Drive and Outer Drive; thence proceeding southwest in the east right-of way of Indian Hills Drive for approximately 175 feet and ending adjacent to 3800 Indian Hills Drive.

The fiber optic is being installed to serve the address of 3800 Indian Hills Drive.

This fiber permit approval is recommended by staff to continue to provide optical telecommunications services to the area.

Pursuant to municipal ordinance, permits are granted by the City Council to install underground cable to those companies not holding a franchise with the City. In the past, the Council has been concerned about exclusivity with respect to the granting of these permits. The City is prohibited from granting any type of exclusive rights to a cable company, a telecommunications company, a gas company or an electric company under the laws of the State of Iowa. Therefore, we cannot require anyone to use the facilities of FiberComm or any other telephone company.

The attached route has been reviewed by several City Departments.

FINANCIAL IMPACT: There are no budget implications for the City due to this project.

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

ALTERNATIVES: Council could deny permit to FiberComm

ATTACHMENTS: Resolution Application (with Map) Insurance

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION GRANTING A PERMIT TO FIBERCOMM TO OWN, OPERATE AND MAINTAIN UNDERGROUND CABLE COMMENCING AT THE NORTH- EAST CORNER OF INDIAN HILLS DRIVE AND OUTER DRIVE; THENCE PROCEEDING SOUTHWEST IN THE EAST RIGHT-OF WAY OF INDIAN HILLS DRIVE FOR APPROXIMATELY 175 FEET AND ENDING ADJACENT TO 3800 INDIAN HILLS DRIVE.

WHEREAS, the City Council has received a request from FiberComm of Sioux City, Iowa (hereinafter referred to as “Applicant”) to own, operate and maintain underground communication cable to be installed by Applicant in certain specified public right-of-ways; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Applicant be and is hereby authorized to own, operate and maintain communication cable underground, across or along the following streets:

• Commencing at the northeast corner of Indian Hills Drive and Outer Drive; thence proceeding southwest in the east right-of way of Indian Hills Drive for approximately 175 feet and ending adjacent to 3800 Indian Hills Drive;

Subject to the following terms and conditions as outlined in the attached Fiber/Utility Installation and Maintenance Permit.

BE IT FURTHER RESOLVED that the City Engineer be and he is hereby authorized and directed to execute said Fiber/Utility Installation and Maintenance Permit for and on behalf of the City.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Underground Enclosures (Hand Holes) All hand holes placed will be flush to grade/concrete made of precast polymer concrete reinforced with fiberglass and conform to current ANSI/SCTE 77 Specifications for Underground Enclosure Integrity. Hand hole PUYQZ_U[Z_ cUXX NQ -*h d .2h cU`T ..(,,, XN_ X[MP ^M`QP O[bQ^_*

Iowa One Notices All necessary Iowa One notices and associated locating costs will be the responsibility of FiberComm and underground contractor.

FiberComm agrees to comply with the terms and conditions listed on the City Council approved Resolution granting a permit to FiberComm to own, operate and maintain underground cable in certain specified public streets. All associated costs related to the herein described construction will be the responsibility of FiberComm.

If the City has questions, suggestions, or recommendations that would be applicable to our construction plans, please do not hesitate to contact me.

Sincerely,

APN ;UOTFR 224-20., (direct) [email protected]

Enclosures Fiber - Utility Installation Maintenance Permit Application Check Permit Fee Work Area Map Certificate of Insurance Listing City of Sioux City g Additionally Insured Blanket Performance, Payment, & Maintenance Bond BD7900685622

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kali Steffen Mills-Shellhammer-Puetz & Associates PHONE (712) 258-2580 FAX (712) 258-2184 (A/C, No, Ext): (A/C, No): E-MAIL 117 Pierce Street Suite 200 ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC #

Sioux City IA 51101 INSURER A : EMCASCO Insurance Company 21407

INSURED INSURER B : Employers Mutual Casualty Company 21415

FiberComm LC INSURER C :

PO Box 416 INSURER D :

INSURER E :

Sioux City IA 51102-0416 INSURER F : COVERAGES CERTIFICATE NUMBER: CL20101503234 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 5,000

A Y 4D21298 10/22/2020 10/22/2021 PERSONAL & ADV INJURY $ 1,000,000

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $

B OWNED SCHEDULED Y 4E21298 10/22/2020 10/22/2021 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $

UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000

B EXCESS LIAB CLAIMS-MADE Y 4J21298 10/22/2020 10/22/2021 AGGREGATE $ 5,000,000

DED RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 A OFFICER/MEMBER EXCLUDED? N / A 4H21298 10/22/2020 10/22/2021 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Sioux City is listed as additional insured on General Liability, Automobile Liability, Umbrella Liability Policy, and all policies will be Primary and Noncontributory.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Sioux City ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 447 AUTHORIZED REPRESENTATIVE

Sioux City IA 51102

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 6 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Resolution proposing to sell certain real property. (that part of vacated SUBJECT: Kings Highway abutting 304 Kings Highway) (petitioner: Donald W. Klingborg and Karrie J. Klingborg) (purchase price: $4,865.25 plus costs).

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

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday is a resolution proposing to sell that part of vacated Kings Highway abutting 304 Kings Highway to Donald W. Klingborg and Karrie J. Klingborg. This portion of right of way was vacated by Ordinance No. 2016-0864 on October 10, 2016. The Klingborgs own the abutting property and would like to add the vacated right of way to the property that they own.

The resolution on Monday’s agenda schedules a public hearing for November 23, 2020 for the issuance of a City deed.

FINANCIAL IMPACT: The amount of $4,865.25 plus costs will be received at time of closing.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Proposed Resolution Offer to Purchase Aerial

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION PROPOSING TO SELL CERTAIN REAL PROPERTY. (THAT PART OF VACATED KINGS HIGHWAY ABUTTING 304 KINGS HIGHWAY) (PETITIONER: DONALD W. KLINGBORG AND KARRIE J. KLINGBORG) (PURCHASE PRICE: $4,865.25 PLUS COSTS).

WHEREAS, the City of Sioux City, Iowa, is the owner of the following described real property:

All that part of vacated Kings Highway lying in that part of Buckwalter Manor in the Country Club District, Fourth Filing, an Addition to Sioux City, Iowa, Wood- bury County, more particularly describes as follows;

Commencing at the southeast corner of Tract 160 in said Buckwalter Manor in the Country Club District, Fourth Filing, an Addition to Sioux City; thence N 88°06'47"W along the south line of tracts 160, 161, 162 and part of 163 in said Buckwalter Manor in the Country Club District, Fourth Filing, an Addition to Sioux City for 140.17 feet to the point of beginning; thence continuing N 88°06'47"W along the South line of that part of tract 163 and the South line of tract 164 in said Buckwalter Manor in the Country Club District, Fourth Filing, an Addition to Sioux City for 139.83 feet; thence S 00°02'02"E along the West line of said Buckwalter Manor in the Country Club District, Fourth Filing, an Addition to Sioux City for 66.00 feet to the North line of Tract 114 in said Buckwalter Manor in the Country Club District, Fourth Filing, an Addition to Sioux City; thence S 88°06'48"E along that part of the North line of said tract 114 for 317.45 feet; thence N 02°02'52"E for 54.64 feet; thence N 88°39'12"W for 36.32 feet; thence Northwesterly along a 783.00 foot radius curve concave Northeasterly for a curve distance of 124.07 feet and having a delta of 09°04'44", said curve having a chord bearing of N 84°06'41"W and a chord distance of 123.94 feet; thence N 79°34'25"W for 20.26 feet to the point of beginning (containing an area of 19,461.02 square feet or 0.45 acres); and

WHEREAS, said property was vacated pursuant to Ordinance No. 2016-0864 passed and approved October 10, 2016; and

WHEREAS, the City Council believes that the above described real property has no present use or anticipated future use by the City of Sioux City, Iowa, and that a sale thereof would be for the general good of the City of Sioux City, Iowa; and

WHEREAS, the City Council desires to sell the above described real property pursuant to the terms and conditions set forth in the “Offer to Purchase” attached hereto and by this reference made a part hereof; and

WHEREAS, a public hearing on this proposed sale should be held and notice of the time, place, and date thereof be given by the City Clerk as by law provided.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the real property described in the preamble hereof has no present use or anticipated future use by the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED, that the City of Sioux City, Iowa, does hereby propose to sell the real property described in the preamble hereof pursuant to the terms and conditions set forth in the “Offer to Purchase” attached hereto.

BE IT FURTHER RESOLVED, that the City Council hold and conduct a public hearing on this proposal on November 23, 2020 at 4:00 P.M., Local Time, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, and the City Clerk give notice of said hearing in the form of notice attached hereto, which notice is hereby approved as to form and content.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF HEARING ON PROPOSAL TO DISPOSE OF REAL PROPERTY OWNED BY SIOUX CITY, IOWA

NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution proposing to sell certain real property under and by virtue of which the City of Sioux City, Iowa, has set forth a proposal to sell the following described real property in Sioux City, Wood- bury County, Iowa:

(That part of vacated Kings Highway abutting 304 Kings Highway)

That the proposal to sell said real property will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on November 23, 2020, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposal.

CITY OF SIOUX CITY, IOWA

BY: Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal November 14, 2020.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 7A Lisa Claeys, Police Captain FROM: Stan LaFave, Building Maintenance Supervisor

Resolution adopting plans, specifications, form of contract, and estimated SUBJECT: cost for the proposed construction of the Police / Fire Administration Security Entrance Addition Project (Project No. 7145-195-050).

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

RECOMMENDATION: Staff respectfully requests Council adopt plans, specifications, form of contract, and estimated cost for the proposed construction of the Police / Fire Administration Security Entrance Addi- tion Project (Project No. 7145-195-050).

DISCUSSION: FEH Design has completed plans and specifications for the Police / Fire Administration Securi- ty Entrance Addition Project. This project includes the construction of security updates and expansion of the current public entrance and lobby at the Sioux City Police/Fire Administration Building.

Staff is ready to publish the Notice of Public Hearing on November 14, 2020 and November 21, 2020, and advertise the Notice to Bidders on November 11, 2020. A public hearing will be held on November 23, 2020. Bids will be received on December 1, 2020. The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by July 31, 2021. This project has an early start date of April 1, 2021, and a late start date of May 1, 2021.

FINANCIAL IMPACT: This project is funded using a State Covid Grant under CIP 195-050. The Engineer’s opinion of probable construction cost for the work is $125,000.00. The project currently has an available balance of $104,723.00. The shortfall will be covered using asset forfeiture funds.

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

ALTERNATIVES: Council may request changes to the project documents or schedule.

ATTACHMENTS: Resolution Public Notice of Taking Bids Notice of Public Hearing

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PROPOSED CONSTRUCTION OF THE POLICE / FIRE ADMINISTRATION SECURITY ENTRANCE ADDITION PROJECT (PROJECT NO. 7145-195-050).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the Police / Fire Administration Security Entrance Addition Project, in Sioux City, Iowa; and

WHEREAS, FEH Design of Sioux City, Iowa has prepared the plans, specifications, form of contract, and estimated cost.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The plans, specifications, form of contract, and estimated cost, as prepared by FEH Design and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the Police / Fire Administration Security Entrance Addition Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 P.M., Local Time, November 23, 2020, in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, be, and the same is hereby fixed as the time and place for a public hearing on the same as required by law, at which hearing any interested person may appear and file objections to the proposed plans, specifications, form of contract and estimated cost in the amount of $125,000.00 for said improvements.

B. The bids will be received by the City Clerk of the City of Sioux City, Iowa, at the Customer Service Center located on First Floor in City Hall, 405 Sixth Street, in said City until 1:00 P.M., Local Time, December 1, 2020 for the proposed construction of said improvements.

C. The time of 1:00 P.M., Local Time, December 1, 2020, in the Fourth Floor Clock Tower Conference Room in City Hall, 405 Sixth Street, Sioux City, Iowa, be and it is hereby fixed as the time and place for the opening of bids for the proposed construction of said improvements, and said bids shall be considered and acted upon at a meeting of the City Council in the City Council Chambers thereafter.

D. The City Clerk of the City of Sioux City, Iowa shall cause the attached Notice of Taking Bids to be posted in a relevant contractor plan room service with statewide circulation, and a relevant construction lead generating service with statewide circulation in a manner prescribed by law.

E. The City Clerk of the City of Sioux City, Iowa shall cause the attached Notice of Taking Bids to be posted on the City’s Engineering website, located at https://sioux-city.org/engineering.

F. The City Clerk of the City of Sioux City, Iowa, shall cause the attached Notice of Public Hearing to be given by publication in at least one newspaper of general circulation in the manner prescribed by law.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE POLICE / FIRE ADMINISTRATION SECURITY ENTRANCE ADDITION PROJECT (PRO- JECT NO.7145-195-050), IN SIOUX CITY, IOWA.

Bids received will be opened and tabulated at a public meeting, presided over by a City Engi- neer, in the 4th Floor Clock Tower Conference Room in the Public Works Department, City Hall, at 1:00 P.M., Local Time, on December 1, 2020. Thereafter, bids will be acted upon by the City Council at such time and place as may be fixed.

A pre-bid meeting will be held on November 17, 2020 at 10:00 A.M. at the Sioux City Police / Fire Administration Building, 601 Douglas Street, Sioux City, Iowa. It is strongly recommended that the contractor attends the pre-bid meeting, and/or visit the site prior to bidding.

Each bid must be made on a form furnished by the City and must be accompanied by a bid bond, a cashier’s check or certified check of an Iowa bank or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to ten percent (10%) of the amount of the bid, made payable to the City Treasurer of the City of Sioux City, Iowa. The check or draft may be cashed by the City Treasurer as liquidated damages in the event the successful bidder fails to enter into a contract within the ten (10) days after notice of award and post bond satisfactory to the City ensuring the faithful fulfillment of the contract.

The contract will be awarded to the lowest responsive, responsible bidder. However, the City reserves the right to reject any or all bids, readvertise for new bids and to waive informalities that may be in the best interest of the City. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa and to Iowa domestic labor.

The Notice of Public Hearing will be published in the Sioux City Journal on November 14, 2020 and November 21, 2020.

The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by July 31, 2021. This project has an early start date of April 1, 2021, and a late start date of May 1, 2021.

Copies of said construction documents are available at the office of the City Clerk of Sioux City for examination by the public. The documents are also available for viewing by the public, or sub-contractors, or suppliers, on the City’s Engineering website, under the Projects Out to Bid tab www.sioux-city.org/engineering. Construction documents for private use, or potential prime contractors may be obtained online at questcdn.com at no charge, or hard copy from the Pur- chasing Division, City Hall, upon deposit of one hundred fifty dollars ($150) via check or money order for each set. The deposit will be returned to depositor if the construction documents are returned in good condition within fourteen (14) days from date of award.

/s/ Lisa L. McCardle, _ City Clerk of the City of Sioux City, Iowa

Post on the Construction Update Plan Room Network’s website at www.mbionline.com and on the City’s website at www.sioux-city.org/engineering November 11, 2020.

NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COSTS FOR THE CONSTRUCTION OF THE POLICE / FIRE ADMINISTRATION SECURITY ENTRANCE ADDITION PRO- JECT (PROJECT NO.7145-195-050), IN SIOUX CITY, IOWA.

A public hearing will be held before the Sioux City City Council in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on November 23, 2020 commencing at 4:00 P.M., Local Time, on the proposed plans, specifications, form of contract, and estimate of cost in the amount of $125,000.00 (the construction documents) for the construction of the Police / Fire Administration Security Entrance Addition Project in Sioux City, Iowa. At said hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the public improvement. The public improvement project is located at 601 Douglas Street, Sioux City, Iowa and includes security updates and expansion of the current public entrance and lobby at the Sioux City Police/Fire Administration Building.

/s/ Lisa L. McCardle, _ City Clerk of the City of Sioux City, Iowa

Publish in the Sioux City Journal November 14, 2020 and November 21, 2020.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 7B Mike Collett, Assistant City Manager FROM: Matt Salvatore, Parks and Recreation Director Stan LaFave, Building Maintenance Supervisor

Resolution adopting plans, specifications, form of contract, and estimated SUBJECT: cost for the proposed construction of the City Facilities Roof Replacement Project (Project No. 7139-539-143, 889-003, 379-010, 459-055).

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

RECOMMENDATION: Staff respectfully requests Council adopt plans, specifications, form of contract, and estimated cost for the proposed construction of the City Facilities Roof Replacement Project (Project No. 7139-539-143, 889-003, 379-010, 459-055).

DISCUSSION: FEH Design has completed plans and specifications for the City Facilities Roof Replacement Project. The project is located at four (4) locations within the City limits (3100 South Lewis Boulevard, 401 Gordon Drive, 3808 Stadium Drive and 225 Nebraska Street) and includes the removal of the existing single-ply roofing, rock ballast, and related sheet metal and rigid insulation, installation of new rigid insulation, membrane roofing, standing seam roofing, and related sheet metal as noted and removal of debris resulting from the work. The IBP Ice Center roof will consist of roof perimeter insulation work.

Staff is ready to publish the Notice of Public Hearing on November 14, 2020 and November 21, 2020, and advertise the Notice to Bidders on November 11, 2020. A public hearing will be held on November 23, 2020. Bids will be received on December 1, 2020. This project has an early start date of April 1, 2021, and a late start date of May 1, 2021. The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by August 31, 2021.

FINANCIAL IMPACT: This project is funded using CIP 539-143 Annual Wastewater Treatment Plant Building Mainte- nance (project balance $525,064.00), 889-003 Annual City Roof Maintenance/Replacement (project balance $511,099.00), 379-010 Tyson Events Center Remodeling and Repair (project balance 598,860.00), and 459-055 Annual IBP Ice Center Maintenance (project balance $87,301.00). The Engineer’s opinion of probable construction cost for the work is $730,500.00.

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

ALTERNATIVES: Council may request changes to the project documents or schedule.

ATTACHMENTS: Resolution Public Notice of Taking Bids Notice of Public Hearing

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PROPOSED CONSTRUCTION OF THE CITY FACILITIES ROOF REPLACEMENT PROJECT (PROJECT NO. 7139-539- 143, 889-003, 379-010, 459-055).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the City Facilities Roof Replacement Project, in Sioux City, Iowa; and

WHEREAS, FEH Design of Sioux City, Iowa has prepared the plans, specifications, form of contract, and estimated cost.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The plans, specifications, form of contract, and estimated cost, as prepared by FEH Design and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the City Facilities Roof Replacement Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 P.M., Local Time, November 23, 2020, in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, be, and the same is hereby fixed as the time and place for a public hearing on the same as required by law, at which hearing any interested person may appear and file objections to the proposed plans, specifications, form of contract and estimated cost in the amount of $730,500.00 for said improvements.

E. The City Clerk of the City of Sioux City, Iowa shall cause the attached Notice of Taking Bids to be posted on the City’s Engineering website, located at https://sioux-city.org/engineering.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE CITY FACILI- TIES ROOF REPLACEMENT PROJECT (PROJECT NO. 7139-539-143, 889- 003, 379-010, 459-055), IN SIOUX CITY, IOWA.

Sealed bids will be received by the City of Sioux City City Clerk, at the Customer Service Center located on First Floor in City Hall, 405 Sixth Street, in Sioux City Iowa, until 1:00 P.M., Local Time, December 1, 2020, for the construction of the project, as described in the construction documents. The project is located at four (4) locations within the City limits (3100 South Lewis Boulevard, 401 Gordon Drive, 3808 Stadium Drive and 225 Nebraska Street) and includes the removal of the existing single-ply roofing, rock ballast, and related sheet metal and rigid insulation, installation of new rigid insulation, membrane roofing, standing seam roofing, and related sheet metal as noted and removal of debris resulting from the work. The IBP Ice Center roof will consist of roof perimeter insulation work.

A pre-bid meeting will be held on November 17, 2020 at 1:00 P.M., beginning at the Tyson Events Center box office lobby (south entrance) at 401 Gordon Drive and will continue-on to each of the other three (3) sites. It is strongly recommended that the contractor attends the pre-bid meeting, and/or visit the sites prior to bidding.

The contract(s) will be awarded to the lowest responsive, responsible bidder(s). There are four (4) facility roofs being bid as one Project, however the contract(s) may be awarded in one or more parts. One bid form will be provided for the Project. Bidders must fill out the bid form in its entirety by either entering a bid for each facility or writing “no bid.” The contract for each facility will be awarded to the lowest responsive, responsible bidder(s). However, the City reserves the right to reject any or all bids, readvertise for new bids and to waive informalities that may be in the best interest of the City. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa and to Iowa domestic labor.

The Notice of Public Hearing will be published in the Sioux City Journal on November 14, 2020 and November 21, 2020.

This project has an early start date of April 1, 2021, and a late start date of May 1, 2021. The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by August 31, 2021.

/s/ Lisa L. McCardle, _ City Clerk of the City of Sioux City, Iowa

Post on the Construction Update Plan Room Network’s website at www.mbionline.com and on the City’s website at www.sioux-city.org/engineering November 11, 2020.

NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COSTS FOR THE CONSTRUCTION OF THE CITY FACILITIES ROOF REPLACEMENT PROJECT (PROJECT NO. 7139-539- 143, 889-003, 379-010, 459-055), IN SIOUX CITY, IOWA.

A public hearing will be held before the Sioux City City Council in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on November 23, 2020 commencing at 4:00 P.M., Local Time, on the proposed plans, specifications, form of contract, and estimate of cost in the amount of $730,500.00 (the construction documents) for the construction of the City Facil- ities Roof Replacement Project in Sioux City, Iowa. At said hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the public improvement. The public improvement project is located at four (4) locations within the City limits, 3100 South Lewis Boulevard, 401 Gordon Drive, 3808 Stadium Drive and 225 Nebraska Street and includes the removal of the existing single-ply roofing, rock ballast, and related sheet metal and rigid insulation, installation of new rigid insulation, membrane roofing, standing seam roofing, and related sheet metal as noted and removal of debris resulting from the work. The IBP Ice Center roof will consist of roof perimeter insulation work.

/s/ Lisa L. McCardle, _ City Clerk of the City of Sioux City, Iowa

Publish in the Sioux City Journal November 14, 2020 and November 21, 2020.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 8A FROM: Dave Carney, Public Works Director

Resolution approving a payment to Morningside Plumbing of Sioux City, SUBJECT: Iowa in the amount of $28,345.58 for drain line and manhole repairs at the Central Maintenance Garage.

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

RECOMMENDATION: Staff respectfully requests Council approve a payment to Morningside Plumbing of Sioux City, Iowa in the amount of $28,345.58 for drain line and manhole repairs at the Central Mainte- nance Garage (CMG).

DISCUSSION: A sewer backup occurred at the Central Maintenance Garage in April. A contractor was able to partially open the sanitary drain line. By June 16th, CMG had three more incidents of sanitary water backing up into the facility. The line was again jetted and an obstruction was en- countered. The line was televised and a break was discovered under the shop floor. Three vendors were called for quotes. The work appeared to be routine and Staff planned to use the maintenance agreement in place with Morningside Plumbing who submitted the lowest quote.

After cutting the concrete floor, the contractor discovered the ground had settled significantly leaving a large void full of water. It appears the drain line had been discharging under the building for some time and a new drain line was needed versus the spot repair originally anticipated.

The drain line discharged to a manhole that had settled more than two feet. The structure and 10’ of pipe downstream needed to be repaired for the line to properly drain. The contractor discovered the downstream line also has issues; although it currently functions, Staff will continue to monitor the situation.

During the repair to the line beneath the building floor, a rainstorm occurred showing that drain lines from the roof were discharging into the area under the building floor, exacerbating the settlement issues. While investigating the drain lines, it was also discovered that the line exiting the floor drain system was broken and draining into this area.

FINANCIAL IMPACT: Invoice No. 92056 will be paid out of Central Maintenance Garage Maintenance Building and Grounds.

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

ALTERNATIVES: City council may choose not to approve the invoice.

ATTACHMENTS: Resolution Morningside Plumbing Invoice No. 92056

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING A PAYMENT TO MORNINGSIDE PLUMBING OF SIOUX CITY, IOWA IN THE AMOUNT OF $28,345.58 FOR DRAIN LINE AND MANHOLE REPAIRS AT THE CENTRAL MAINTENANCE GARAGE.

BE IT 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 proper fund payable to Morningside Plumbing of Sioux City, Iowa in the amount of $28,345.58 as shown in Invoice No. 92056 attached hereto and by this reference made a part hereof, for repairs to drain lines and manholes at the Central Maintenance Garage.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk Morningside Plumbing PO Box 4547 IA 51104

INVOICE Bill To

City Of Sioux City-Equipment Shed Service date 9/1/2020 1921 18th Street Sioux City, IA 51105 Invoice # 0000092056

Job Site P.O. No. Due Date City Of Sioux City-Maintenace Garage 1821 18th St 10/28/2020 Sioux City, IA 51105

Description Amount

Oil Separator 5,769.12 sewer 12,755.51 storm down spouts 4,251.84 storm manhole 5,569.11T

PLEASE PLACE THE INVOICE NUMBER ON YOUR PAYMENT to ensure proper credit to your account. You may keep the invoice for your records. Please read front and back of the invoice as to your rights. You may not receive monthly billing as all accounts are due upon receipt. This may be your only billing. Interest charges incurred are non-refundable. Thank you.

LABOR INCLUDES ANY TRAVEL AND ANY HAUL AWAY TIME

Sales Tax (0.0%) $0.00

Payments/Credits $0.00 Balance Due$28,345.58 Phone #

712-274-1738 x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 8B Matt Salvatore, Parks and Recreation Director FROM: Stan LaFave, Building Maintenance Supervisor

Resolution accepting the work and authorizing final payment to TR Harris SUBJECT: Construction, Inc. for the Lewis and Clark Park Parking Lot Project. (Pro- ject No. 6905-459-212)

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

RECOMMENDATION: Staff respectfully requests Council approve the resolution accepting the work and authorizing final payment of 27,792.11 now and $154,229.36 in 30 days to TR Harris Construction, Inc. of Homer, Nebraska for the Lewis and Clark Park Parking Lot Project.

DISCUSSION: TR Harris Construction, Inc. of Homer, Nebraska was awarded a contract on March 25, 2019 under Resolution 2019-0246 in the amount of $2,622,777.00 for the reconstruction of the Lew- is and Clark Park parking lot at 3400 Line Drive.

Below is a summary of the project:

Original Contract Amount: $2,622,777.00

Change Order No. 1 was approved on July 8, 2019 pursuant to Resolution No. 2019-0560 in the amount of $463,397.79 for the construction of a parking lot at Cone Park.

Change Order No. 2 was approved by Staff in the amount of -$8.50 for the repair of electrical conduits and quantity adjustments. Repair for the electrical conduits in the concourse paving were unknown prior to construction resulting in a project budget increase of $10,273.00 but due to quantity adjustments for the removal of rubble/concrete and the landscaping the contract amount was reduced by $10,281.50 resulting in a decreased total of -$8.50.

Change Order No. 3 was approved by Staff in the amount of -$1,579.18 for final quantity adjustments.

Final Construction Cost: $3,084,587.11

The final contract cost is 17.607% or $461,810.11 over the original contract amount but this was due to the addition of the Cone Park Parking Lot.

FINANCIAL IMPACT: Funding for the Lewis and Clark Park Parking Lot Project will be covered under General Obli- gation Bonds in CIP #459-212 “Annual Lewis & Clark Park.”

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Explore Destination Sioux City

ALTERNATIVES: None

ATTACHMENTS: Resolution Engineer’s Statement of Completion and Acceptance Certificate of Final Payment

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAY- MENT TO TR HARRIS CONSTRUCTION, INC. FOR THE LEWIS AND CLARK PARK PARKING LOT PROJECT. (PROJECT NO. 6905-459-212)

WHEREAS, on March 25, 2019, Sioux City, Iowa, entered into a contract with TR Harris Construction, Inc. of Homer, Nebraska for the Lewis and Clark Park Parking Lot 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 Application and Certification for Final Payment filed with the City Clerk on November 9, 2020, and attached hereto 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, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The 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 the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $3,084,587.11 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 $27,792.11 now and in the amount of $154,229.36 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of TR Harris Construction, Inc. of Homer, Nebraska for the construction of the project.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk Matt Salvatore - Bryan Wells

Angel Wallace

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 9 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) a. Firehouse Bar, 1211 5th Street (Renewal) b. HDMONA Bar and Restaurant, 414-416 Jackson Street (Renewal) c. Perera’s Place, 2611 Correctionville Road (Renewal)

B. OFF-PREMISE SALES SUBJECT: 1. CLASS B WINE PERMIT (wine only) a. Moes Mart No. 9, 2930 Gordon Drive (New) b. Moes Mart No. 10, 1035 Morningside Avenue (New) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Moes Mart No. 9, 2930 Gordon Drive (New) b. Moes Mart No. 10, 1035 Morningside Avenue (New) 3. CLASS E LIQUOR LICENSE (liquor only) a. Casey’s General Store No. 2607, 3731 Hamilton Boulevard (Re- newal)

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 Licenses.

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 $103,614.42 in FY 2020.

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 departments’ recommendations.

ATTACHMENTS: None

Sioux City Mayor’s Youth Commission Minutes Executive Council

Monday, October 5, 2020, 7:00 p.m. Sioux City Council Chambers 405 6th Street Sioux City, IA 51101

MYC MEMBERS PRESENT: Iris Engelhardt, Anna Erickson, Kaleb French, Emma Gross, Emily Hodge, Areeha Ilyas, Sarah Jabre, Alexandra Johnson, Isabel Martinez, Jake McGowan, Lore- na Perales, Isabele Raveling, Estella Ruhrer-Johnson, Jackson Wagner MYC MEMBERS ABSENT: Gabby Garcia, Lizbeth Garcia, Sydney Helt, Owen Hoak, Alexandra Kleinschmit, Christopher Knechel, Katie Mahnke, Myanna Parker, Karlie Stoos ADULT SPONSORS PRESENT: Steve Beekman, Terry Ivener, Mary Koster GUEST PRESENT: Dagna Simmons, League of Women Voters Sioux City

Mayor Areeha Ilyas called the meeting to order at 7:05 p.m.

Minutes of the previous Executive Council meeting of September 14, 2020 were approved.

Finance Report shows $127.60 has been spent to date, leaving a balance of $3,499.40. Total budget is $3627.00; fiscal year is from July 1 through June 30.

Mary Koster reported volunteers are needed for the National Night Out event which will be at Riverside Park this year. 10 volunteers are needed on Tuesday, October 6, 2020 from 4:45 to 7:15 p.m.

MYC Executive Council Applications are due by October 19, 2020, which is the October MYC meeting date, and can be turned in at that meeting.

MYC applications for new members are due by October 31. MYC Executive Council students will take applications to each of their schools to distribute to students that are interested in joining MYC. The students divided into groups according to which school they go to and composed scripts for promoting MYC in their schools. They will be responsible for providing each of their schools with this information.

Discussion was held on planning for the Executive Council meetings. We will meet at Grandview Park Disc Golf Course for the October full meeting; the November meeting will be taking part in the Downtown for the Holidays Lighted Parade; and the December meeting will be the Senior Recognition and will be the last meeting for the seniors.

The next MYC full meeting will be October 19, 2020 from 6:00 – 6:45 p.m. at the Grandview Park Disc Golf Course. Program will be presented by Rachel Lundgren, Siouxland CARES. The next MYC Executive Council meeting will be November 2, 2020 at Council Chambers of City Hall.

On a motion by Sarah Jabre, and a second by Kaleb French, the meeting was adjourned at 7:42 p.m.

Respectfully submitted by Isabel Martinez, Administrative Services Director SIOUX CITY TRANSIT ADVISORY BOARD REGULAR MEETING OCTOBER 21, 2020

On this date 3:30 p.m., at 509 Nebraska Street, Sioux City, Iowa, was held a regular meeting of the Sioux City Transit Advisory Board for the purpose of discussing items of interest and concern to the Sioux City Transit System, the City of Sioux City, and the citizens thereof, matters to be brought to the attention of the Advisory Board by the Transit Manager; and such other business that might properly come before the Board at this time.

MEMBERS PRESENT MEMBERS ABSENT OTHERS Mary Martin Jeff Harcum, Operations Supv. Richard Owens Mike Collett, Assistant City Manager Mike Tokarczyk Julie Johannsen, Admin Assistant Kathie Pfaffle Sue Errickson

ITEM NO. 1 CALL OF ROLL AND INTRODUCTIONS

Roll was called.

ITEM NO. 2 APPROVAL OF AUGUST MINUTES

Martin made a motion, Tokarczyk seconded the motion, to approve the minutes from the Sep- tember meeting. All members present voted aye to approve the minutes.

ITEM NO. 3 OPERATING AND PARATRANSIT REPORTS

Collett stated revenue remains down as well as expenses resulting in a net positive. Ridership is slowly increasing and is currently at approximately 60% of pre-pandemic levels. Paratransit is at about one-third pre-pandemic levels and there is an increase in Nights/Weekends riders.

Collett discussed school service. Two overflow buses continue to be on route to maintain social distancing and seating capacity limitations.

Collett reviewed potential bus shelter agreements that are being reviewed with Seaboard Tri- umph Foods and Singing Hills Walmart.

Collett stated that he and Jeff Harcum are working on the annual NTD reporting that has to be submitted by 10/30/2020.

Collett stated there will be another bus wrap which will promote the new flight from Sioux Gate- way Airport to Denver.

Tokarczyk inquired if the new bus that was anticipated had been delivered yet. Collett informed the board that there have been delays in production due to the pandemic and that similar delays are impacting the delivery of the driver barriers. Owens asked how the barriers work and Collett provided an overview of the plexiglass barriers that will be placed in the driver compartment of the buses. Errickson inquired if the barriers will be permanent and Collett stated they would be permanent.

Collett informed the board that Transit will start researching mobile payment options. Martin asked if tokens would be brought back. Collett stated that single ride, paper tokens are available, but 10-ride punch tickets are not being sold at this time to limit driver/passenger contact.

Collett stated mask wearing is going well and masks are still being provided for passengers who need them.

ITEM NO. 4 OTHER BUSINESS

A. Grant Updates

Harcum stated the issue with the data connection for the new fuel island has been identified.

Harcum stated the walk through for lighting/remodeling project at the garage will be 10/23/2020.

Harcum informed the board that the new grant cycle has not been released from the FTA yet. When that occurs, Transit will look to apply for funding for a new facility and incremental funds needed to purchase electric vehicles. Martin asked if the mechanics would require additional training for the electric buses and was informed they will receive the needed training for this different type of equipment.

ITEM NO. 5 OTHER DISCUSSION

Collett stated IDOT has requested information that will assist them in determining the role transit systems will play regarding COVID-19 vaccine distribution.

Martin inquired if Census results were available yet. Collett stated they are not available as the closing date for the Census was 10/16/2020.

ITEM NO. 10 NEXT MEETING

The next regular meeting will be held on November 18, 2020.

Martin made a motion, Errickson seconded the motion, to adjourn; all members present voted aye. Meeting adjourned at 3:54 p.m.

Mary Martin, Secretary x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 11 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Resolution accepting and approving the Final Plat for Bluff Heights Addi- tion, a re-plat of Lots 1 thru 4, Lots 13 thru 16 and part of vacated north/south alley all in Block 1, Morningside Addition to Sioux City, SUBJECT: Woodbury County, Iowa. (Petitioner: Marlin Nelson). The Planning and Zoning Commission recommends approval of this item. (File No. 2020- 0070)

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested final plat, subject to the following findings.

Planning and Zoning Commission: Agenda Item 2020-0070: Requested final plat of Bluff Heights Addition on property located at 1500 South Olive Street. (Petitioner: Marlin Nelson)

Chris Madsen presented the final plat of Bluff Heights Addition, located at 1500 South Olive Street. The Petitioner is proposing a five (5) lot subdivision on the subject property. Three (3) 48.94 foot lots would be fronting onto South Olive Street and two (2) 67.92 foot lots would front onto South Magnolia Street. The Petitioner is planning on building single family homes on the proposed lots. Currently the Zoning District requires 50 foot lots; but the Planning and Zoning Commission can approve the 48.94 foot lots. City Staff does recommend approval.

O’Neill asked if sidewalks were required. Madsen stated they will be required; but the Peti- tioner could request a waiver during the permitting process. There was a general discussion on the waiving of sidewalks by Engineering. Geary wanted to verify the access and curb cuts. Madsen stated they have not seen any lot design yet. Geary asked if any special wording needed to be added to the motion to confirm the approval with the smaller lot size. Madsen stated approval would be as the Petitioner requested with the smaller lot sizes. Ross verified that 50 feet is the smallest lot size required in any zoning district. Madsen stated that 50 foot lots are the smallest allowed.

Marlin Nelson, Petitioner, 3315 Highway 75 North, Sioux City, Iowa, stated that he has been working on developing this land for quite some time. It is one of the last areas in this neighborhood that needs to be developed and he feels infill is good for the community. Geary agrees that infill projects are great. The main reason he wanted to change the lots from 40 foot to what is proposed is to allow for garages, which is more likely to sell.

There were multiple comments made not in favor or in opposition on this item;

Kerry Fladung, 3213 South Hennepin Street, Sioux City, Iowa, stated he is the homeowner / landlord for the property at 5223 Laurel Avenue and is concerned about the congestion, mess, and noise this may cause his tenants. Fladung wanted to verify the layout of the lots and garages. Over all, Fladung stated that he is in favor of the project.

Dennis Dufault, 1519 South Olive, Sioux City, Iowa, stated he resides directly across the street (South Olive) from the subject property and is concerned about the number of cars added to the off-street parking and congestion to the current property. Dufault feels that if the Petitioner went to only two (2) lots on the South Olive side of the subdivision, it may be better for the neighborhood. Dufault stated he isn’t opposed to the project just feels there has to be a better way of proposing it.

Chris Ver Steeg, 1515 South Olive Street, Sioux City, Iowa, stated he is all for the infill subdivision, but also stated the number of cars for off-street parking on South Olive Street is going to be unacceptable. Ver Steeg feelings it would be better if the Petitioner could swap the plat to have three (3) lots on the east side and two (2) lots on the west side.

Nelson stated the subject property is not the same size on both sides, making the east side too narrow for three (3) lots. Nelson stated even if he could do that, it would only allow for one (1) car garages, making for more cars per property needing off-street parking. It was also stated that the property cannot be squared off due to setbacks and right of way for Gordon Drive. Glisar also stated that Gordon Drive is a State Highway, so the City cannot just give the land to square off the property. Nelson stated this is a project for affordable housing, noting that not everyone can spend $200,000 plus on a nice house. He feels it is important to build new properties at an affordable price.

O’Neill (Stewart) moved to approve item 2020-0070 as submitted to City Staff. Motion carried. 6-0-0 (Yes: Ross, Anderson, Stewart, O’Neill, Geary, Glisar, No: 0, Abstain: 0).

Findings of Fact: 1) The petitioner is intending to construct five single family dwellings on the property. 2) The petitioner is proposing to replat the existing eight lots to five lots. 3) The applicant’s proposal does not conform to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Economic Opportunity. Focus Area: Expand Development Opportunities and Grow Sioux City. #3 Grow a vibrant and balanced economy.

ALTERNATIVES: Deny the request due to deficiencies with the Zoning and Sign Ordinance.

ATTACHMENTS: Attachment A: Resolution Attachment B: General Area Map Attachment C: Notification Map Attachment D: Final Plat Attachment E: Site Photos Attachment F: Application

BACKGROUND REPORT: The City has received a request from Marlin Nelson petitioner, for final plat approval on the property located at 1500 South Olive Street. The petitioner is proposing to construct five single family dwellings on the property. A general area map and final plat are attached for your review.

ANALYSIS: As stated, the petitioner is requesting final plat approval for Bluff Heights Addition, a five-lot residential subdivision on the property located at 1500 South Olive Street. The final plat shows two lots fronting on South Magnolia Street and three lots fronting on South Olive Street.

The final plat does not meet the requirements of the Zoning and Sign Ordinance. The three lots fronting on South Olive Street each have a proposed lot width of 48.94 feet. The property, zoned NC.4, would have a minimum lot width requirement of 50’ per Table 25.03.020.3 Existing Neighborhood Lot and Building Standards, shown below;

The Subdivision Ordinance does grant the City Council the ability to waive certain requirements by approving the final plat. That exception section is below:

24.10.010 General Provisions. 7. Exceptions. a. The city council may make exceptions, modify or defer the requirements of this chapter based upon a finding that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations. b. No such exception, modification or deferral may be approved that has the effect of nullify- ing the intent and purpose of this chapter or is more than the minimum relief necessary for the hardship or difficulty cited. c. The city council may impose conditions needed to assure that the purpose and intent of these regulations are met.

The original plat, Morningside Addition, was approved in 1888 with 40’ wide lots. The two northern lots were reduced in size and dedicated as Gordon Drive right of way. The petitioner would be able to reestablish the 40’ wide lots and build six units on the property. The proposed final plat brings the property closer to conformity with the Zoning and Sign Ordinance requirements.

EXISTING ZONING AND LAND USE: NC.4 ; Vacant Land

EXISTING ZONING REQUIREMENTS: The NC.4 district is meant for a variety of housing types in a mixed housing neighborhood.

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.5 ; Sunrise Manor South: NC.4 ; Single Family Residential East: GC ; UHaul West: NC.4 ; Single Family Residential

DEPARTMENT COMMENTS No comments.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Urban Residential”. “Urban Residential” is defined as older areas of higher density where infill and redevelopment are in forms and densities similar to existing urban development types and densities within these areas. This cate- gory may include a mixture of housing styles and types including single family, townhomes, du- plexes, and apartment houses.

URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is not located in an urban renewal or TIF district.

SUBAREA / CORRIDOR PLAN: The subject property is not located in a subarea or corridor plan.

FLOOD PLAIN: The subject property is not located in a flood plain.

CITIZEN RESPONSE: Twenty-seven (27) notices were sent within the required timeframe. No responses have been received.

ATTACHMENT A

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ACCEPTING AND APPROVING THE FINAL PLAT FOR BLUFF HEIGHTS ADDITION, A RE-PLAT OF LOTS 1 THRU 4, LOTS 13 THRU 16 AND PART OF VACATED NORTH/SOUTH ALLEY ALL IN BLOCK 1, MORNINGSIDE ADDITION TO SIOUX CITY, WOODBURY COUNTY, IOWA.

WHEREAS, Marlin Nelson, did file with the City Clerk of the City of Sioux City, Iowa, a certain plat designated “Bluff Heights Addition, a re-plat of Lots 1 thru 4, Lots 13 thru 16 and part of vacated north/south alley all in Block 1, Morningside Addition to Sioux City, Woodbury County, Io- wa”; and

WHEREAS, the Planning and Zoning Commission, at their October 27, 2020 meeting, has recommended the acceptance and approval of said plat.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that said Final Plat for “Bluff Heights Addition, a re-plat of Lots 1 thru 4, Lots 13 thru 16 and part of vacated north/south alley all in Block 1, Morningside Addition to Sioux City, Woodbury County, Iowa,” as hereto attached and forming part of this Resolution, be, and the same hereby is, accepted and approved, and the Mayor and the City Clerk are hereby directed to furnish to the proprietors a certified copy of this resolution, as required by law.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

FINAL PLAT ATTACHMENT E

View looking north towards property

View looking north/west towards South Olive Street

SITE PHOTOS

ATTACHMENT F

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 12 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance vacating all of the north/south and east/west alleys adjacent to 113 6th Street and 609 and 613 Water Street. (Petitioner: Ponca SUBJECT: Tribe of Nebraska). The Planning and Zoning Commission recommends approval of this item. (File No. 2020-0071)

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested vacation, subject to the following findings.

Planning and Zoning Commission: Agenda Item 2020-0071: Requested vacation of the north / south and east / west alleys adjacent to 113 6th Street and 609 and 613 Water Street. (Petitioner: Ponca Tribe of Nebraska)

Chris Madsen presented the vacation, stating about two (2) months ago the City vacated the north half of the north / south alley to keep the foot traffic out of the rear of Stuart Lee’s properties. The Petitioner owns all three (3) lots and would like to vacate the remaining alleys. The City did hear from the property owner to the north, in support of this vacation and would like to purchase their half of the east / west alley. City Staff does recommend approval.

William Yunker, for the Petitioner, 100 N. Main Street, Verdigre, Nebraska, stated that they are having the same foot traffic issues their neighbors had and would like to make it more safe and secure for their employees that are working at these offices. Ross asked about an easement granted to the City for access on the previous vacation.

Madsen stated that doesn’t have an impact on these properties, just the northern properties as Public Works removes a piece of the rail to mow a couple times a year in this area. Geary wanted to make a statement about the alleys in the downtown market and stated he feels the alleys are used and important to keep public. Stewart asked the Petitioner about the north / south piece and if the access to 5th Street will be closed off. Yunker stated they will not be shutting off access.

No public comments.

Stewart (Anderson) moved to approve item 2020-0071. Motion carried. 5-1-0 (Yes: Ross, O’Neill, Anderson, Stewart, Glisar, No: Geary, Abstain: 0). Findings of Fact: 1) It is the City’s policy to vacate and dispose of unneeded rights-of-way. 2) By vacating and disposing of the subject right of way, access would not be denied to abutting property owners. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Quality of Life. Focus Area: Enhance Public/Private Partnerships.

ALTERNATIVES: None.

ATTACHMENTS: Attachment A: Ordinance Attachment B: General Area Map Attachment C: Notification Map Attachment D: Site Photos Attachment E: Application

BACKGROUND REPORT: The City has received a request from the Ponca Tribe of Nebraska, petitioner, to vacate an approximately 5,056 square foot tract of alley adjacent to 113 6th Street and 609 and 613 Water Street. The petitioner intends to add the right of way to their property at 113 6th Street and 609 and 613 Water Street. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner is requesting to vacate the north / south and east / west alleys adjacent to 113 6th Street and 609 and 613 Water Street. The north half of the north / south alley was previously vacated by the property owner to the north to construct a fence across the right of way to restrict pedestrian access to the rear of his buildings in the vicinity.

The following criteria are used to determine whether to vacate rights-of-way:

• Cities may vacate streets and alleys but must consider the interests of the public. Public notice was mailed to properties within 200 feet, excluding rights-of-way. One response was received from the property owner to the north with interest in buying the half of the east / west alley adjacent to their property.

• Streets and alleys should not be vacated for the benefit of private persons if it will probably seriously inconvenience the public. The alley is only adjacent to two property owners and both the petitioner and owner to the north wish to purchase their half of the alleys.

• The vacation of a street or alley should not deprive the complaining property owner of convenient and reasonable access to or from his property to a substantial degree. No responses to the notification have been received in opposition.

• The City Council must determine whether the street or alley is necessary for public use and convenience and whether they are sufficiently traveled to justify maintenance at public expense. The vacation will not impact the transportation system.

• The right to reasonable ingress and egress to abutting properties may not be totally de- stroyed; however, as long as one reasonable means of ingress and egress to a lot remains it is not so adversely affected. Public Works Staff did have concerns about access to the Perry Creek channel a few times a year to mow the channel. Public Works Staff currently access Perry Creek through the railing to the north.

• Non-abutting owners have far less standing to challenge a vacation. No responses from non-abutting property owners have been received.

EXISTING ZONING AND LAND USE: HA-P ; Alley right of way

EXISTING ZONING REQUIREMENTS: The HA district is meant for the preservation and protection of the City's historically and architecturally significant districts, sites, and landmarks that have local, statewide, or national signifi- cance.

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: HA-P ; Cal Ventures South: HA-P ; Third Judicial East: HA-P ; Ponca Tribe of Nebraska West: HA-P ; Perry Creek Flood Control

DEPARTMENT COMMENTS CenturyLink: CenturyLink does have facilities in this location.

Under Iowa Code section 306.22 and Sioux City’s municipal code section 12.03.060, vacation of a right-of-way requires the City to grant CenturyLink a utility easement to allow for continued use of the right-of-way. If relocation of CenturyLink’s facilities from that easement is required, the party requesting the relocation will be required to reimburse the relocation expense.)

MidAmerican Energy (Gas): There is an existing gas service to 613 Water St. Any relocation costs will be passed on to the customer.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Downtown.” “Downtown” is an example of a true “mixed-use center”. It contains a mix of cultural, financial, governmental, institutional, en- tertainment, residential, and recreational uses. Continued growth of all types of land uses is appropriate.

URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is located in the Battery Park Subarea of the Combined Central Sioux City Business District TIF.

SUBAREA / CORRIDOR PLAN: The subject property is not located in a subarea or corridor plan.

FLOOD PLAIN: The subject property is located in the 500 year flood plain.

CITIZEN RESPONSE: Fourteen (14) notices were sent within the required timeframe. No responses were received in opposition.

ATTACHMENT A ______Prepared by: Nicole M. DuBois, P.O. Box 447, Sioux City, Iowa 51102 Telephone No. (712) 279-6318 After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa 51102

ORDINANCE NO. 2020 - ______

ORDINANCE VACATING ALL OF THE NORTH/SOUTH AND EAST/WEST AL- LEYS ADJACENT TO 113 6TH STREET AND 609 AND 613 WATER STREET.

WHEREAS, the City of Sioux City, Iowa, owns and has heretofore dedicated the following described public right-of-way within the City of Sioux City, Woodbury County, Iowa, legally described as follows:

All of the north/south alley abutting Lots 4-9 and the east/west alley abutting Lots 9 and 10, including the intersection thereof, all in Block 89, Sioux City East Addi- tion to Sioux City, Woodbury County, Iowa. (Contains 5,056 square feet more or less.); and

WHEREAS, the Sioux City Planning and Zoning Commission has conducted a hearing on the proposed vacation and submitted a recommendation to the City Council relative thereto; and

WHEREAS, the City Council has conducted a public hearing on the proposed vacation of the above described property; and

WHEREAS, the City Council finds that said property is no longer necessary for public use and of no benefit to the public and there is no reason to believe that the same will be necessary for use by the public in the future and that vacation thereof will be for the public good.

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

Section 1: That the above described public right-of-way located within the City of Sioux City, Woodbury County, Iowa, be, and the same is hereby vacated.

Section 2: That any and all other ordinances of the City of Sioux City, Woodbury County, Iowa, in conflict herewith, be, and the same are to the extent of such conflict hereby repealed.

Section 3: That this Ordinance shall be in full force and effect from and after its passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 9, 2020

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

Office of the City Clerk, City of Sioux City, Iowa: State of Iowa, Woodbury County, ss:

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2020-______adopted by the City Council of Sioux City on ______, 2020. Signed this ______day of ______, 2020.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on November 14, 2020

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2020-0071.Docx ORDINANCE VACATING ALL OF THE NORTH/SOUTH AND EAST/WEST AL- LEYS ADJACENT TO 113 6TH STREET AND 609 AND 613 WATER STREET.

This is a summary of Ordinance Number 2020-______passed by the Sioux City City Council on ______, 2020 and is effective today. A complete copy of the ordinance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance vacates the following described public right of way within the City of Sioux City, Woodbury County, Iowa:

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2020.

NOTICE OF HEARING ON PROPOSAL TO VACATE PUBLIC

RIGHT-OF-WAY OWNED BY CITY OF SIOUX CITY

NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, an Ordi- nance under and by virtue of which it is proposed to vacate the following described real estate in Sioux City, Iowa:

(All of the north/south and east/west alleys adjacent to 113 6th Street and 609 and 613 Water Street) (2020-0071)

That said Ordinance and proposal to vacate said real estate will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on November 9, 2020, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposed vacation.

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal October 31, 2020

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

View Looking North

View Looking East

SITE PHOTOS

ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 13 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance rezoning 4600 S. Lewis Boulevard from Zone Clas- sification BP (Business Park) to Zone Classification GI (General Industrial). SUBJECT: (Petitioner: Brickyard Developers, LLC). The Planning and Zoning Commis- sion recommends approval of this item. (File No. 2020-0073)

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested rezoning, subject to the following findings.

Planning and Zoning Commission: Agenda Item 2020-0073: Requested rezoning of 4600 South Lewis Boulevard from BP to GI. (Petitioner: Brickyard Developers, LLC)

Chris Madsen presented the rezoning for 4600 South Lewis Boulevard. The Petitioner would like to go from Business Park (BP) to General Industrial (GI) to allow for development of the subject property. The General Industrial zoning district allows for heavy industrial development with limited use standards. Madsen went over what is allowed within the two zones. Madsen went over the self-storage facility requirements, also stating General Industrial does not require design standards to be met. Staff does recommend approval.

O’Neill needed clarification on limited use standards on self-storage units. Madsen gave limited use standard examples to help clarify. O’Neill also asked about getting an exception on limited use standards. Madsen stated that could be done with a site plan.

Dan Hiserote, for the Petitioner, 1969 Elk Creek Road, Sergeant Bluff, Iowa, stated that currently the Petitioner is looking at many options and/or tenants for the subject property and it seems GI is a much better fit for most of the options. Stewart asked about the Petitioner’s options for self-storage and using the existing building. Hiserote stated that he is not ruling any- thing out at this point noting they do have a tenant for the back 30,000 feet of the subject property with a lease already in place.

No public comments.

Geary (Glisar) moved to approve item 2020-0073. Motion carried. 5-0-1 (Yes: O’Neill, Ander- son, Stewart, Glisar, Geary No: 0, Abstain: Ross).

Findings of Fact: 1) The petitioner is requesting rezoning of the property to allow for industrial development on the site. 2) The GI zoning district allows for heavy industrial development with limited use standards. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Quality of Life. Focus Area: Enhance Public/Private Partnerships.

ALTERNATIVES: Deny the requested rezoning. Any future development would have to meet the standards of the BP zoning district.

ATTACHMENTS: Attachment A: Ordinance Attachment B: General Area Map Attachment C: Notification Map Attachment D: Site Photos Attachment E: Application

BACKGROUND REPORT: The City has received a request from Brickyard Developers, LLC, petitioner, to rezone an approximately 23-acre tract of land located at 4600 South Lewis Boulevard. The petitioner intends to develop the property with industrial uses and is requesting rezoning to allow for the future redevelopment. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner is requesting to rezone the property located at 4600 South Lewis Boulevard from BP to GI. The petitioner has stated they intend to develop the portions of the site behind the existing building adjacent to the Green Valley Golf Course. During conversations with Staff, the developer mentioned self-storage facilities and outdoor storage. Self-storage facilities are limited in scope in the BP zone, and outdoor storage would require a conditional use permit. The petitioner has stated they are also looking at the potential for other industrial uses on the site as well, and not necessarily only self-storage and outdoor storage. No development plans have been submitted to City Staff.

The GI zoning district allows for heavier industrial uses and does not require design standards to be met. There would still be requirements for landscaping and bufferyards, and individual use standards. For example, self-storage and outdoor storage would still require screening from City right of way and buffering from adjoining properties.

City Staff would recommend approval of the requested rezoning. The Wilson Trailer site to the north is currently zoned GI, and both the properties to the north and south currently have outdoor storage, and the future land use map of the Comprehensive Plan shows this area as In- dustrial. Staff would review any site plans submitted for development on the site for conformity with any use standards as required by the Zoning and Sign Ordinance.

EXISTING ZONING AND LAND USE: BP ; Industrial Building

EXISTING ZONING REQUIREMENTS: The BP district is meant for an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center. This district may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited.

PROPOSED ZONING REQUIREMENTS: The GI district is meant for more intensive industrial uses that may include manufacturing, fabrication, and warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts

SURROUNDING ZONING AND LAND USE: North: GI ; Wilson Trailer South: BP ; Chesterman East: AG ; Green Valley Golf Course West: BP ; Feed-Rite Animal Feeds

DEPARTMENT COMMENTS MidAmerican Energy (Electric): We have existing facilities at this location any relocation costs will be passed on to the developer. There is a transmission easement along S Lewis Boulevard.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Industrial.” “Industrial” is defined as areas with the most intense use of land because of operational impacts or functions. These areas provide employment opportunities and may be located along major transportation facilities. It is intended that these uses should be located in established viable locations such as existing business / industrial parks.

URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is located in the SubArea 2 of the Donner Park Urban Renewal TIF Dis- trict.

SUBAREA / CORRIDOR PLAN: The subject property is not located in a subarea or corridor plan.

FLOOD PLAIN: The subject property is not located in a flood plain.

CITIZEN RESPONSE: Seven (7) notices were sent within the required timeframe. One phone response was received with general questions regarding the rezoning.

ATTACHMENT A

ORDINANCE NO. 2020 - ______

ORDINANCE REZONING 4600 S. LEWIS BOULEVARD FROM ZONE CLASSI- FICATION BP (BUSINESS PARK) TO ZONE CLASSIFICATION GI (GENERAL INDUSTRIAL)

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

Section 1: That the City Council has conducted a public hearing on this proposed rezoning.

Section 2: That Ordinance No. 2015-0215, as amended, also known and identified as the Sioux City Zoning and Sign Ordinance, is hereby amended by adding thereto the following to be known as Section 25.02.030.1377 of said Ordinance No. 2015-0215 as amended:

25.02.030.1377: The following described real property shall be changed FROM Zone Classifica- tion BP (Business Park) TO Zone Classification GI (General Industrial):

Tract 1: That part of the N ½ of the NW ¼ of Section 19, Township 88, North, Range 47, described as follows: Beginning at the intersection of the easterly right of way line of U.S. Highway No. 75 and the North line of said N ½ of the NW ¼; thence east along the said north line for 527.6 feet; thence with an angle to the right of 90°00' for 454.7 feet; thence west and parallel to the north line of said Section 19, for 430.3 feet; to the easterly right of way line of U.S. Highway No. 75; thence northwesterly along said easterly right of way line for 465.0 feet to the place of beginning; and

Tract 2: That part of the N ½ of the NW ¼ of Section 19, Township 88, North of Range 47, described as follows: Commencing at the Northeast corner of the NW ¼ of said Section 19; thence West, along the North line of the NW ¼ of said Sec- tion 19, for a distance of 500 feet; thence South 00°34'30" W. for a distance of 33 feet to the point of beginning; thence South 00°34’30” W. for a distance of 802.77 feet; thence West for a distance of 1171.64 feet to a point on the East Right-of- way line of United States Highway #75; thence North 12°07’30" W. along the East Right-of-way line of said United States Highway #75; for a distance of 389.72 feet; thence East for a distance of 430.3 feet; thence North for a distance of 421.7 feet, to a point 33 feet South of the North line of the NW ¼ of said Sec- tion 19; thence East along a line 33 feet South of and parallel with the North line of the NW ¼ of said Section 19, for a distance of 831.9 feet to the point of beginning, in the County of Woodbury and State of Iowa,

and extending to the center line of abutting right-of-way.

Section 3: That the boundaries of zones as shown on the official zoning map on file in the Plan- ning Division office of the City of Sioux City, Iowa, is hereby modified and corrected in accordance herewith, and said map and all information shown thereon shall be as much a part of this Ordinance as though all the matters and information set forth in said map were here fully set forth herein.

Section 4: That all Ordinances, or part of Ordinances, in conflict herewith are to the extent of such conflict hereby repealed.

Section 5: That this Ordinance shall be and become effective upon its passage, approval and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 9, 2020

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

Office of the City Clerk, City of Sioux City, Iowa: State of Iowa, Woodbury County, ss:

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2020-______adopted by the City Council of Sioux City on ______, 2020. Signed this ______day of ______, 2020.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on November 14, 2020

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2020-0073.Docx ORDINANCE REZONING 4600 S. LEWIS BOULEVARD FROM ZONE CLASSI- FICATION BP (BUSINESS PARK) TO ZONE CLASSIFICATION GI (GENERAL INDUSTRIAL)

This is a summary of Ordinance Number 2020-______passed by the Sioux City City Coun- cil on ______, 2020 and is effective today. A complete copy of the ordinance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance rezones the following described property within the City of Sioux City, Woodbury County, Iowa, from Zone Classification BP (Business Park) to Zone Classification GI (General Industrial):

and extending to the center line of abutting right-of-way.

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2020.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

Notice is hereby given that at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered on November 9, 2020, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, there will be conducted a public hearing by the City Council on the proposed amendment to the Zoning and Sign Ordinance of the City of Sioux City, Iowa, proposing the following change:

25.02.030.1377: The following described real property shall be changed FROM Zone Classifica- tion BP (Business Park) TO Zone Classification GI (General Industrial):

and extending to the center line of abutting right-of-way.

(4600 S. Lewis Boulevard) (2020-0073)

At said hearing parties in interest and citizens will have an opportunity to be heard in relation to said proposed amendment and change.

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal October 31, 2020.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

View Looking East at the existing building from South Lewis Boulevard

View Looking South from Donner Avenue

SITE PHOTOS

ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 14-16 FROM: Brent Nelson, Senior Planner

Hearing and Ordinance repealing Chapter 24.10 entitled “Subdivision Platting” and amending Chapter 25.04 entitled “Subdivision Design and Land Development” of the Sioux City Municipal Code by repealing Sub- chapter 25.04-A and enacting in lieu thereof a new Subchapter 25.04-a to be entitled “Subdivision” for the purposes of establishing procedures, standards and regulations governing subdivisions (Petitioner: City of Sioux City). (File No. 2020-0062). The Planning and Zoning Commission Recommends approval of this item.

SUBJECT: Hearing and Ordinance amending Chapter 25.07 entitled “Definitions” of the Sioux City Municipal Code by adopting new definitions and clarifying existing definitions governing subdivisions (Petitioner: City of Sioux City). (File No. 2020-0075). The Planning and Zoning Commission Recommends approval of this item.

Ordinance amending Chapter 20.30 entitled “Grading Ordinance” of the Sioux City Municipal Code to clarify that grading permits shall not be used in place of preliminary plats for subdivision development purposes. (Petitioner: City of Sioux City).

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

RECOMMENDATION: Staff respectfully requests that Council approve the three (3) ordinances listed above.

Planning and Zoning Commission Recommendation: The Planning and Zoning Commission approved Items one (1) and two (2) above after reviewing them on September 8, 2020; Sep- tember 22, 2020; October 13, 2020 and October 27, 2020.

The Commission minutes for those meetings are shown on Attachment A.

The above three (3) Ordinances are shown on Attachments B, C, and D respectively.

Findings of Fact: 1) The Subdivision Ordinance is outdated and needs updating.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Economic Opportunity. Focus Area: Expand Development Opportunities and Grow Sioux City. #3 Grow a vibrant and balanced economy.

ALTERNATIVES: None.

ATTACHMENTS: Attachment A: Planning and Zoning Commission Minutes Attachment B: Chapter 25.04 – Subdivision Ordinance Attachment C: Chapter 25.07 – Definitions Ordinance Attachment D: Revisions to Chapter 30, the Grading Ordinance Attachment E: Public input

BACKGROUND REPORT: A draft of the proposed Subdivision Ordinance was provided to the Planning and Zoning Com- mission on September 8, 2020, September 22, 2020, October 13, 2020 and October 27, 2020. There was considerable public input (Developers, Engineers and Surveyors) into this process over the past year or so in addition to the Planning and Zoning Commission input. This input is summarized on Attachment E.

ANALYSIS: Developers, engineers, and other interested parties have been invited to attend the Commission meetings as well as several preliminary meetings.

Numerous changes were proposed and most were supported by staff, the Commission, and members of the public, the following five (5) changes, though supported by staff and the Com- mission are not completely supported by all members of the public:

• Sidewalks along lots that are intended to be developed with residences or commercial uses but that have not been so developed shall be installed within five (5) years after the date of plat approval. (STAFF: It is necessary to complete the sidewalk system within a subdivision in a reasonable amount of time whether all lots are built upon or not. When a subdivision plat is recorded pursuant to chapter 354, which states that the individual lots within a subdivision plat shall not be assessed in excess of the total assessment of the land as acreage or unimproved property for five years after the recording or the plat or until the lot is actually improved with permanent construction, whichever occurs first. When an individual lot has been improved with permanent construction, the lot shall be assessed for taxation purposes as provided in Chapter 428 and this Chapter.

In order to have uniform time limits, staff recommends that the City adopt the same 5-year rule for sidewalk completion as for beginning to tax property as lots rather than unimproved land as noted in Chapter 354.

• Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of-way. Access cannot be solely from an alley. (Staff: This section essen- tially prohibits the development of private streets and is already in the Subdivision Ordinance. Staff does not recommend changing it.)

• Upon submission of a grading plan, all work being done on the subdivision, if any, shall cease pending approval of the preliminary plat as set forth herein. The developer shall not commence any further work in this area until such approvals are granted. (Staff: This is a basic public notification issue. Presently, subdivisions can be brought to grade via grading plan approval which has no public input. But preliminary plat approval is not just an issue between the City staff, the Planning Commission, the City Council, and the developer. There is a public hearing, public notification, and public input aspect of preliminary plat approval as well that can be short circuited by use of a grading permit.)

• Storm water detention ponds shall be located and designed in a manner consistent with the approved preliminary plat and shall remain the property of the developer and/or homeowners' association who shall be responsible for the maintenance of said detention ponds. (Staff: This verbiage exists in the Ordinance today. The City cannot afford to take over ownership and maintenance of the stormwater detention system.)

• On preliminary plats which show dead-end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of street extensions. Streets with no desirability of extension should stop with enough distance between the end of the right-of-way and the property line to accommodate a lot. Streets with a likelihood or desirability of being extended must be extended to the limit of the subdivision plat filing in a manner that would allow the street to be extended in the future. (Staff: this is new and is needed to ensure that streets that should be extended are not blocked off with a cul-de-sac.)

The following changes to the Subdivision Ordinance recommended by staff, the Commission and supported by most, if not all, of the public are as follows:

New Sidewalk Regulations 1. Sidewalks along lots that are intended to be developed with residences or commercial uses need not be installed until said lot is developed. In such cases, sidewalk installation shall be ensured as part of the building permit. (This is Existing Practice)

2. It shall be the policy of the City of Sioux City that bicycle and pedestrian circulation as well as vehicle circulation is an integral part of the City’s transportation system.

3. Preliminary plats shall show sidewalks along all streets within subdivisions intended for residential, commercial, or industrial development unless the City Engineer approves a sidewalk installation waiver.

4. Sidewalks along streets within subdivisions intended for residential or commercial development shall be five (5) feet wide and located in a manner consistent with the City's standard street cross section.

5. Given that pedestrian traffic may or may not be compatible with industrial activities or traffic, sidewalks along streets within subdivisions intended for industrial development shall be required only in those cases where the City Engineer determines that sidewalks are necessary and appropriate.

6. Sidewalks along lots that are intended to be developed with residences or commercial uses but that have not been so developed shall be installed within five (5) years after the date of plat approval.

7. In order to ensure that sidewalks are constructed in conformance with the Americans with Disabilities Act, the portion of sidewalks from the curb of an intersecting street to a point past where handicapped ramps and truncated dome panels that are consistent with ADA requirements are shown, shall be installed with other required improvements prior to final plat submission. In the event that this portion of sidewalk and/or ADA panels are damaged during construction of the building on the abutting lot, the City shall hold the purchaser of the lot and not the developer responsible for repair to said portion of the sidewalk.

8. In the case of sidewalks in alignment with bicycle trails shown on the City's Trails Master Plan, the sidewalks shall be ten (10) feet wide in a manner consistent with the City's Trails Master Plan.

Additional Cul-de-sac Regulations 1. On preliminary plats which show dead-end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of street extensions. Streets with no desirability of extension should stop with enough distance between the end of the right-of-way and the property line to accommodate a lot. Streets with a likelihood or desirability of being extended must be extended to the limit of the subdivision plat filing in a manner that would allow the street to be extended in the future.

2. Max cul-de-sac length extended to six hundred (600) feet

Procedural Changes 1. Grading shown on the approved preliminary plat shall be the defacto grading permit.

2. Annexation Agreement Certificate required: Property included in the plat of ______

Is subject to an annexation agreement recorded on Roll ______Page ______in the ______County Recorder’s Office

3. City Engineer’s certificate of closure is not required for minor subdivisions in Woodbury and Plymouth Counties.

4. Allow preliminary plat time extensions at the staff level.

5. Increased use of Subdivision Improvement Installation Agreements to guarantee installation of improvements.

6. Revisions to Auditor’s Plat regulations.

7. Upon submission of a preliminary plat application, all work on the site shall cease until a grading plan is approved.

8. Under no circumstances shall a grading permit be issued that would have the effect of allowing a subdivision to be brought to grade prior to approval of a Major Subdivision preliminary plat.

9. Grading plans should show all phases of a development even if it is intended to be plat- ted in phases.

10. Grading shown on the approved preliminary plat shall be the defacto grading permit.

11. A subdivision final plat and, where required by this chapter, a preliminary plat, shall be made when a tract of land is divided or subdivided into three (3) or more parcels irrespective of whether or not it is subdivided by simultaneous or repeated division, a quantity description, or a metes and bounds description and regardless of whether or not a plat of survey has been recorded or by any other means.

12. An easement for electrical, telephone, and other private utilities shall be shown at the intersection of each side lot line and right-of-way line. Said easements shall be ten (10) feet x ten (10) feet or five (5) x ten (10) feet on each side of the side lot line.

13. Electrical (secondary extensions) will no longer be required.

Changes to the Intent Section 1. Create a compact, contiguous, connected and efficient community

2. Encourage efficient urban development patterns

3. Prevent overcrowding of the land

4. Avoid undue dispersal of population

5. Provide for the regulation and control of public facilities and services such as transportation, water, sewage disposal, sanitation, schools, recreation areas and other public improvements;

6. Encourage development

7. Under no circumstances shall any grading permit be issued that would have the effect of allowing a subdivision to be brought to grade prior to approval of a Major Subdivision preliminary plat

8. Storm water detention ponds shall be located and designed in a manner consistent with the approved preliminary plat and shall remain the property of the developer and/or homeowners' association who shall be responsible for the maintenance of said detention ponds.

Changes to the Design Section: 1. Grading must be consistent with the approved preliminary plat.

2. Private streets are prohibited unless approved via an exception.

3. Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of way (this is unchanged but there was discussion on it).

4. Flag Lots encouraged for innovative development.

5. As it is the policy of the City of Sioux City to encourage traffic calming and improved street aesthetics, proposed streets that contain non-transportation amenities such as roundabouts, traffic circles, or medians shall be designed by, or have its design specifically approved by, the City Engineer.

6. A drainage report, prepared by a professional engineer currently licensed in the State of Iowa, must be submitted to the staff of the Planning and Real Estate Division of the Eco- nomic and Community Development Department for review.

7. The standard diameter for a sanitary sewer main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or the size necessary to serve the proposed development whichever is greater. (The standard is unchanged but it is clarified.)

8. On preliminary plats which show dead-end water mains, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the water main. Mains with a likelihood or desirability of being extended must be designed so as to be able to be extended to the abutting property.

9. Looped mains are desirable and will be required unless determined to be physically infeasible by the City Engineer.

10. If water service is proposed to/in the subdivision, the developer shall review with City staff to determine which pressure zone the subdivision is in and its maximum service elevation. If the final proposed elevation of any lots in the proposed subdivision is within ten (10) feet of the maximum service elevation for said pressure zone the likely elevation of the building site on those lots shall be identified on the preliminary plat.

11. If streets are proposed, a street lighting plan shall be proposed indicating the type of lighting and the location of lighting. The street lighting plan shall show street light spacing as follows:

In the case of Residential Local Service Streets: One (1) street light at the end of each cul-de-sac. One (1) street light at each intersection. One (1) street light at any horizontal curve. One (1) street light every two hundred and fifty (250) feet in areas where the above conditions do not apply.

Where cul-de-sacs exceed two hundred and fifty (250) feet in length, a mid-cul-de- sac light shall be shown.

In the case of Residential Collector Streets: One (1) street light at each intersection. One (1) street light at any horizontal curve. One (1) street light every one hundred and twenty-five (125) feet in areas where the above requirements do not apply.

In all other cases, such as commercial streets and arterial streets, street light spacing and globes, shall be determined by the City Engineer.

Residential street lights shall consist of LED (Light Emitting Diode) fixtures.

Residential street lights shall consist of 38-watt LED fixtures unless specifically modified in writing by the City Engineer, residential streetlight poles shall be twenty-five (25) feet tall mounted on poles stocked by the City. Globes for residential streetlights shall be of a type stocked by the City.

With approval of the final plat, and approval of a Subdivision Improvement Installation Agreement if necessary, by the City Council, street lights shall be dedicated to the City and the City shall become responsible for maintenance upon approval of their installation by the City Engineer.

12. In the case of private utilities, all service lines shall be extended to each lot in a manner acceptable to the utility company.

13. An easement for electrical, telephone, and other private utilities shall be shown at the intersection of each side lot line and right-of-way line. Said easements shall be ten (10) feet x ten (10) feet.

14. Prior to approval of the preliminary plat, the City’s Engineering staff shall determine where “stop signs”, “speed limit signs” “street name signs” and other similar public hardware should be located. During construction of the subdivision, the developer shall install said public hardware in conformance with approved plans. Upon approval of the final plat, the developer shall reimburse the City for the cost of fabrication and installation said public hardware and the City shall take ownership of it.

Other Changes The City Council may, but is not obligated, to make exceptions, modify or defer the requirements of this chapter based upon written findings that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations as well as the policies.

If the Major Subdivision Preliminary Plat proposes streets, City Planning Staff, upon consultation with City Engineering Staff, SIMPCO MPO Staff and Iowa DOT Staff shall determine what classification; Arterial, Collector, or Local Service said streets shall be. The classification shall be noted on the Major Subdivision Preliminary Plat and Final Plat. The streets shall be built to the SUDAS and City standards, including the right-of-way width and the paving width of the designated classification. Upon final decision by the City Council said classification shall guide City decision making and the City shall request through SIMPCO and the Iowa DOT that the Federal Functional Classification maps be updated accordingly.

Definitions

Street, Arterial - A street that serves major activity centers, highest traffic volume corridors and longest trip demands, carries high proportions of total urban travel on minimum of mileage, interconnect and provides continuity for major rural corridors to accommodate trips entering and leaving urban area and movements through the urban area and serves demand for intra-area travel between the business districts and outlying residential areas, or is shown on the Federal Functional Classification maps as a major or minor arterial street.

Street, Collector - A street that serves both land access and traffic circulation in residential, and commercial/industrial areas, penetrates residential neighborhoods, for significant distances, distributes and channels trips between Local Service Streets and Arterials, or is shown on the Federal Functional Classification maps as a major or minor collector street.

Street, Local Service - A street that provides direct access to adjacent land, access to Collector and Arterial Streets, carries little through traffic movement, or is shown on the Federal Function- al Classification maps as a local service street.

Attachment A: Planning and Zoning Commission Minutes

Minutes of September 22, 2020

Agenda Item 2020-0062: Requested approval of the revised Subdivision Ordinance. (Petition- er: City of Sioux City)

Brent Nelson presented changes made to the Subdivision Ordinance. Nelson stated there have been many meetings and study sessions with City Staff and developers to make the necessary changes to the Subdivision Ordinance and on most changes all parties have come to a consen- sus. Nelson gave an overview on the changes being made to cul-de-sacs, final and preliminary plats, sidewalks, and grading plans. Nelson gave examples on each item discussed. Nelson also touched on the changes to the State Code that helped make the changes to the Subdivision Ordinance. A discussion was had on cul-de-sacs being studied before approval of a plat that includes a cul-de-sac.

Jason Sulzbach, 3023 Glen Ellen Road, Sioux City, Iowa, Developer, gave some examples of cul-de-sacs and how it affects the developer. Ross asked what happens if the end of a development never completes and roads just dead end. Sulzbach stated they are just asking to be able to complete the streets in sections and leave the road able to be extended at a future time. Nelson stated he will revise the verbiage on the completion of roads and sidewalks as discussed with the developers. Sulzbach would like to have a longer length of time to finish sidewalks when the lot hasn’t developed. Nelson would like them to completed within 5 to 10 years, but Sulzbach would like 15 to 30 years. Nelson stated that he can research it more with the developers on the sidewalk installation agreement, similar to the agreements made for street lights.

Nelson stated that the electrical, phone and other private utilities need to have easements shown on the plat for utilities facilities that are ten (10) feet x ten (10) feet, at the intersection of the side lot line and right of way line. Nelson also talked about electrical access being brought to the lots before they are developed and MidAmerican’s secondary in closers. Nelson also talked about grading and how the site plans should show all development at the beginning. There was discussion on annexation agreements and that they should be shown on the plat to help effi- ciently being able to find the agreements. Nelson stated a lot of changes are being made to the process to run more smoothly and the standards are the same.

Ross wanted clarification on if the Commission needs to approve the items today or if bringing the items back at the next meeting would be better. Nelson stated he thinks they need to be discussed further and brought back at the next meeting.

Geary (Glisar) moved to defer item 2020-0062 until October 13, 2020. Motion approved. 6-0-0 (Yes: Geary, O’Neill, Bostinelos, Glisar, Ross, Anderson, No:0, Abstain: 0).

Minutes of October 14, 2020

Agenda Item 2020-0062: Requested approval of the revised Subdivision Ordinance. (Petition- er: City of Sioux City)

Brent Nelson again presented additional changes made to the Subdivision Ordinance. Nelson stated there have been many meetings and study sessions with City Staff and developers to make the necessary changes to the Subdivision Ordinance and all parties have come to a con- sensus on most changes. Nelson asked the Commission to defer this item until October 27, 2020 at which time a full adoption vote will take place and the review of the new and modified definitions will be presented and voted upon. Nelson gave an in-depth overview of the changes being made to cul-de-sacs, final and preliminary plats, sidewalks, and grading plans. Nelson gave examples on each item discussed. Nelson also touched on the changes to the State Code that helped make the changes to the Subdivision Ordinance. A discussion was had on cul-de- sacs being studied before approval of a plat that includes a cul-de-sac.

Nelson touched base on Engineering waivers and criteria for the approval on sidewalks. The Commission had a discussion on sidewalk waivers. There was also a discussion on ADA requirements for sidewalks. Nelson also brought up the changes being made to the street lights and lighting maintenance. Nelson stated a lot of changes are being made to the process to run more smoothly; however, the standards are the same.

Ross clarified the main issues being revised in the Subdivision Ordinance, stating sidewalks and cul-de-sacs. Nelson added possibly private streets. Stewart stated she feels the City will never be able to get rid of private streets and it will be hard to take over control when it comes to private streets. Nelson informed the Commission that at the next meeting on October 27, 2020 the review of the new and modified definitions will be presented.

No public comments.

O’Neill (Stewart) moved to defer item 2020-0062 until October 27, 2020. Motion approved. 6-0- 0 (Yes: Geary, O’Neill, Bostinelos, Stewart, Ross, Anderson, No :0, Abstain: 0).

Minutes of October 27, 2020

Agenda Item 2020-0075: Requested approval of the amended Definitions section (Chapter 25.07) of the Subdivision Ordinance. (Petitioner: City of Sioux City)

Brent Nelson presented items 2020-0062 and 2020-0075 together for recommendation of approval. Nelson stated that in addition to everything previously presented to the Commission Staff has made additional recommendation and changes. The first recommendation or change is to clarify that the City Council may but is not obligated to grant exceptions. This is upon the recommendation of the Commission. Also, recommendations and changes have been made to driveway separation restrictions due to street classifications of the Zoning Ordinance, this will also help with designation of streets. Nelson then went on to talk about private streets, confirm- ing the City does not prohibit private street. There was research done to see how other surrounding Cities handle private streets. Nelson noted that private streets can be allowed with exceptions and variances.

Nelson stated the definitions are self-explanatory, stating this section of Code mainly needed updated and a streamlining of all the definitions.

Ross clarified, when making a motion on item 2020-0062 does the mention of the recommendation and changes made today need to be addressed. Nelson stated that they do need to make a motion and reference the recommendations and changes made today.

Stewart wants to note her concern that she feels the City should not restrict private streets, with looking forward in new developments. Stewart wanted to make sure that it will still be an option, Nelson stated that is correct there can be an exception requested.

No public comments made on either item.

O’Neill (Stewart) moved to approve item 2020-0062 with the recommendations added today. Motion approved. 6-0-0 (Yes: Geary, O’Neill, Glisar, Stewart, Ross, Anderson, No: 0, Abstain: 0).

Anderson (O’Neill) moved to approve item 2020-0075. Motion approved. 6-0-0 (Yes: Geary, O’Neill, Glisar, Stewart, Ross, Anderson, No: 0, Abstain: 0).

ATTACHMENT B PROPOSED SUBDIVISION ORDINANCE

ORDINANCE NO. 2020-

ORDINANCE REPEALING CHAPTER 24.10 ENTITLED “SUBDIVISION PLAT- TING” AND AMENDING CHAPTER 25.04 ENTITLED “SUBDIVISION DESIGN AND LAND DEVELOPMENT” OF THE SIOUX CITY MUNICIPAL CODE BY REPEALING SUBCHAPTER 25.04-A AND ENACTING IN LIEU THEREOF A NEW SUBCHAPTER 25.04-A TO BE ENTITLED “SUBDIVISION” FOR THE PURPOSES OF ESTABLISHING PROCEDURES, STANDARDS AND REGU- LATIONS GOVERNING SUBDIVISIONS

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

Subchapter 25.04-A is hereby repealed and the following new Subchapter 25.04-A to be codi- fied as “Subdivision” is enacted as follows:

Subchapter 25.04-A SUBDIVISION Sections: 25.04.010 General Provisions 25.04.020 Classification of Plats 25.04.030 Simple Divisions 25.04.040 Minor Subdivisions 25.04.050 Major Subdivisions 25.04.060 Guarantees of Performance 25.04.070 Auditor’s Plats 25.04.080 Design Standards

Section 1: 25.04.010 General Provisions. 1. Short Title. This chapter shall be known, cited and referred to as the Subdivision Ordinance of the City of Sioux City, Iowa. 2. Purpose. a. Implement the Comprehensive Plan for the community; b. Promote, preserve and protect the health, safety, morals and general welfare of the community; c. Preserve architecturally, historically, and archeologically significant areas of the community; d. Preserve environmentally sensitive areas of the community; e. Provide a balance between the rights of landowners and the responsibility and authority of the City to review and regulate the subdivision of land and the installation of improvements; f. Provide for accurate, clear and concise legal descriptions of real estate to prevent boundary disputes or real estate title problems; and g. Provide for a balance between the rights of individual landowners and the economic, social and environmental concerns of the public. 3. Intent. a. The intent of the regulations, procedures and standards set forth in this chapter is to: (1) Create a compact, contiguous, connected and efficient community; (2) Conserve the value of property throughout the community; (3) Encourage efficient urban development patterns; (4) Protect soil from wind and water erosion; (5) Lessen congestion in the streets; (6) Secure safety from fire, flood, panic and other dangers; (7) Provide adequate light and air; (8) Prevent overcrowding of the land; (9) Avoid undue dispersal of population; (10) Promote conservation and the efficient use of energy resources and reasonable access to solar, wind and other renewable energy; (11) Provide for the regulation and control of public facilities and services such as transportation, water, sewage disposal, sanitation, schools, recreation areas and other public improvements; and (12) Encourage development. 4. Authority. a. General. The City Council is authorized by the provisions of the Code of Iowa, as amended, to review and consider approval of subdivision plats within its corporate boundary. b. Extraterritorial Jurisdiction. Pursuant to authority granted in the Code of Iowa, as amended, and any 28E agreements with other jurisdictions, the City shall review all subdivisions created within the State of Iowa which are outside of its corporate limits but are within up to two (2) miles from the City’s corporate boundary, provided a copy of the City’s Subdivision Ordinance and the limits of its Extraterritorial Subdivision Jurisdiction are recorded with the Woodbury County Recorder and the Plymouth County Recorder. 5. Interpretation. a. The regulation of subdivisions and subsequent development of land is an implementation of the City's Comprehensive Plan. b. Land shall not be subdivided until adequate improvements as determined by the City Council such as, water and sanitary sewer and storm water drainage exist or are ensured. c. Public improvements shall conform to the approved: (1) SUDAS Manual; (2) Subdivision Ordinance; (3) Complete Streets Policy; (4) Bike Trails Plan; (5) Parks Plan; (6) MUTCD Manual, and (7) Any other approved policies of the City of Sioux City. d. The provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety and general welfare and are not intended to limit or annul any more restrictive regulation or private agreements. e. Jurisdiction. The regulations in this chapter shall apply to any division, subdivision or re- subdivision of a lot, tract, or parcel of land lying within its corporate boundaries or within any area up to two (2) miles distant from the corporate boundaries within the State of Iowa either for the purposes of sale or transfer of land for building or other development whether immanent, future, or for tax purposes. 6. When required. a. A subdivision final plat and, where required by this chapter, a preliminary plat, shall be made when a tract of land is divided or subdivided into three (3) or more parcels irrespective of whether or not it is subdivided by simultaneous or repeated division, a quantity description, or a metes and bounds description and regardless of whether or not a plat of survey has been recorded or by any other means. However, a parcel severed by an existing road, or other natural and permanent divider, shall be considered two (2) separate parcels without additional platting. b. Parcels existing prior to March 23, 2015 shall be assumed to have been created lawfully under this section. c. These regulations shall not restrict the acceptance or granting of deeds or other dedica- tions of land by the City or other governmental agencies when such action is in the public interest and not for the purposes of circumventing these regulations. 7. Exceptions. a. It must be recognized that some areas of the City with rugged terrain, or some existing developed areas that through the City’s urban renewal processes need to be redeveloped, cannot realistically be developed or redeveloped in a manner consistent with City policies if all subdivision regulations are followed to the letter. For these areas, in order to allow the implementation of City development, redevelopment and/or urban renewal/reinvestment policies, primarily the Comprehensive Plan and relevant urban renewal plans, from time to time strict regulatory development standards must be replaced by procedural review to allow necessary relaxation of some subdivision regulations but only after detailed review to ensure that the intent of the ordinance as stated herein is carried out. b. The City Council may, but is not obligated to, make exceptions, modify or defer the requirements of this chapter based upon written findings that strict compliance may result in extraordinary hardship or practical difficulties and/or that such relief may better serve the purposes of these regulations as well as the following policies: (1) The Comprehensive Plan; (2) The SUDAS Manual; (3) The City Supplement to the SUDAS Manual; (4) Best engineering practices as interpreted by the City Engineer; (5) Other adopted City policies. c. No such exception, modification or deferral may be approved that has the effect of nulli- fying the intent and purpose of this chapter or is more than the minimum relief necessary for the hardship or difficulty cited. d. The City Council may impose conditions as needed to assure that the purpose and intent of these regulations are met. e. Specific actions that may justify exceptions to this chapter include but are not limited to: (1) Excessive grading required to meet the above policies and practices. (2) Excessive damage done to the environment in order to meet the above policies and practices. (3) Inability to extend utilities to property in order to meet the above policies and practices due to topography. (4) Inability to extend utilities to property in order to meet the above policies and practices due to cost. (5) When the tract of land is of such an unusual shape that implementation of the above City policies and other policies as approved by the City Council is impractical or impossible. (6) When ownership patterns around the property to be subdivided make it impossible or excessively difficult to implement the above City policies. (7) The need to resolve conflicts between conflicting sets of regulations and standards. (8) Existing development patterns that make redevelopment excessively difficult. 8. Enforcement. a. The Administrator shall administer the provisions of this chapter. b. No certificate of zoning compliance, no building permit, no grading permit nor certificate of occupancy shall be issued for any parcel of land divided contrary to the provisions of this chapter. c. Creation of any parcel of land divided contrary to the provisions of this chapter shall constitute a municipal infraction against the person recording the document creating said parcel.

Section 2: 25.04.020 Classification of Plats. 1. Simple Divisions. A division of a lot, tract or parcel into two (2) parcels for which no construction of improvements is required is a simple division. 2. Minor Subdivisions. a. A subdivision plat that creates three (3) or more lots for which no construction of public utilities, streets, and no grading is proposed is considered to be a minor subdivision. An otherwise major subdivision may be classified as a minor subdivision by the Administrator based upon a finding that the improvements or grading proposed is of so minor in scale that no public interest would be served by submittal, review and approval of a preliminary plat. b. A minor subdivision may also include post-development improvements such as street lights, storm water detention, sidewalks. c. A developer is not required to submit a minor subdivision preliminary plat prior to submit- ting a minor subdivision final plat. However, if, during the review of the final plat, City staff, the Planning and Zoning Commission or the City Council determines a need for more information, submission of specific material that would have been a part of a preliminary plat may be required. 3. Major Subdivision. A plat that is not a minor subdivision because it requires construction of public improvements or significant grading is considered to be a major subdivision. 4. Auditor's Plat. a. An auditor's plat is a plat required by the County Auditor in accordance with the provision of the Code of Iowa, as amended, because either: (1) An existing subdivision plat or plat of survey was not in compliance with the requirements of the Code of Iowa, as amended; or (2) The descriptions of one (1) or more parcels within a tract are not sufficiently certain and accurate for the purposes of assessment and taxation.

Section 3: 25.04.030 Simple Divisions. 1. Approval Procedure. a. The procedure for creating a simple division begins with the owner of the subject property causing a survey of the land to be split to be drawn. The survey is then recorded with the County Recorder. b. There is no formal City approval process for simple divisions. (1) Simple divisions may have an administrative review by City departments to determine if the parcels in the division are in compliance with all Municipal Code requirements. (2) If the administrative review of the plat of survey or other evidence of a division of land determines that the division requires provision of public facilities or otherwise is not in compliance with all Municipal Code requirements, the owner shall be informed that the division is in violation of City standards and that the City shall issue no permits until a subdivision plat has been prepared, reviewed, approved and recorded pursuant to this chapter. (3) Failure to prepare said subdivision plat may result in issuance of a citation for a municipal infraction.

Section 4: 25.04.040 Minor Subdivisions 1. Approval Procedure. a. Minor Subdivision Preplat Conference. (1) Attendance at a Minor Subdivision Preplat Conference is a required step in the process for approval of a minor subdivision. For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal. (2) The purpose of a Minor Subdivision Preplat Conference is to acquaint City staff and any public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and the public and private utility providers. (3) For a Minor Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal. (4) When a Minor Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application. (5) Minor Subdivision Sketch plan. Information to be included in the minor subdivision sketch plan is: (A) The location of the proposed subdivision; (B) The general location of any existing and proposed streets; and (C) The arrangement of lots and land uses in relation to the surrounding area. (6) Improvements required for Minor Subdivision Final Plats. (A) Streetlights (where appropriate in the determination of the City Engineer); (B) Storm water detention; (C) Sidewalks in a manner consistent with Subsection 25.04.080(1)(o); (D) Private water and sewer service lines within two hundred (200) feet of a public water and/or sewer mains. b. Minor Subdivision Final Plat. (1) Preliminary plat approval is not a required step in the approval process for a minor subdivision. (2) Final plat approval is a required step in the approval process for a minor subdivision. (3) Minor subdivision final plats are not required to follow, nor to be consistent with any preliminary plat, but the minor subdivision final plat does require review and recommendation by the Planning and Zoning Commission. (4) The developer shall prepare and file a minor subdivision final plat, supporting materials, and application with the Planning and Real Estate Division of the Economic and Community Development Department for review and approval in accordance with the application requirements listed below: (A) A completed application for approval of a minor subdivision final plat; (B) The location of the proposed subdivision; (C) Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents; (D) A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs; (E) One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder. (5) The required contents of the minor subdivision final plat are: (A) Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, and professional land surveyor (who must be currently licensed in the State of Iowa); (B) A title in the form of "Final Plat of (proposed name of the subdivision)". Re- subdivisions shall be labeled as such in a subtitle; (C) A legal description of the property with a statement of the area of the property rounded to the nearest 0.1 acre; (D) North arrow and graphic scale; (E) An accurate map of the final plat drawn at a scale of one (1) inch equals one hundred (100) feet unless a different scale has been approved by the Administrator. The map shall include: (i) A layout in plan view of the subdivision, which illustrates the layout of: (a) Lots; (b) Outlots; (c) Easements; (d) Abutting Streets. (ii) All dimensions necessary for locating said lots, outlots, easements and monuments shall be shown in measurements accurate to the nearest 0.01 foot and to the nearest second of angular measurement; (iii) Curve data shall be shown either in tabular form or radius dimensions on the map; (iv) The location and description of all benchmarks and monumentation of lot corners; (v) The following documents required in Section 354.11 of the Iowa Code for recording a subdivision shall either accompany or be on the face of the final plat in a form acceptable to the County Recorder: (a) Dedication Certificate; (b) City Council Resolution Certificate; (c) Owners Consent to Plat; (d) City Engineer’s Certificate (If the property is within the corporate limits of Sioux City); (e) County Engineers Certificate (If the property is in Woodbury or Plymouth County); (f) Title Opinion; (g) City Treasurer’s Certificate; (h) Auditor’s Approval of Subdivision Name; (i) Auditor and Recorder’s Certificate of Recording; (j) Certificate referencing the Annexation Agreement (If the property is in Woodbury or Plymouth County). (vi) For extraterritorial subdivision final plats, an agreement signed by the owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa. Said agreement shall be recorded by the City in the office of the jurisdiction's County Recorder prior to recording the final plat. In the case of such extraterritorial subdivision final plats, the resolution approving the final plat shall reference the agreement with roll and image numbers and the agreement shall be cross referenced with the final plat by the jurisdiction's County Recorder. (vii) A certification by the City engineering division that: (a) The final plat meets requirements for closure; (b) Any relevant storm water detention requirements have been met and maintenance assured; (c) Any relevant street lighting requirements have been met and/or are assured; (d) Any relevant sidewalk requirements have been met. (viii) Flood hazard addendum. (a) If any part of a subdivision is located in a flood plain as defined in Subchap- ter 25.04-D or by a flood insurance rate map (FIRM) published by the Federal Emergency Man- agement Agency, a flood hazard addendum shall be filed and recorded with the final plat in the office of the County Recorder. A statement acknowledging that a flood hazard addendum exists shall be on the face of the final plat. (b) The form of the flood addendum shall be a duplicate of the final plat with an indication by patterns or lines and annotations of the boundaries of the flood plain and the base flood elevation. (c) The date of the flood hazard determination shall be indicated. (d) Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media. (6) Complete minor subdivision final plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule. (7) The Planning and Real Estate Division of the Economic and Community Develop- ment Department shall distribute copies of the minor subdivision final plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers. c. Staff Review. The appropriate City departments, public agencies, County offices and public and private utility providers shall review the subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the minor subdivision final plat. (1) The City engineering division staff shall specifically comment on the closure of the perimeter of the minor subdivision final plat. (2) The appropriate County Recorder’s office shall specifically comment on the accepta- bility of the Subdivision name on the Final Plat. d. Planning and Zoning Commission review. (1) The Planning and Zoning Commission shall conduct a public hearing on all complete minor subdivision final plat applications. (2) Notice of the date, time and location of the public meeting will be mailed to the owners of all property within two hundred (200) feet of the perimeter of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public meeting. (3) The Planning and Zoning Commission shall review the minor subdivision final plat, staff reports, and other information as may be brought forward during the public hearing to determine whether the minor subdivision final plat conforms to the ordinances, Comprehensive Plan and other policies of the City. (4) Within forty-five (45) calendar days from the filing of the minor subdivision final plat with the Administrator, the Planning and Zoning Commission shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a resolution to be certified as part of the minor subdivision final plat materials. A copy of the report and the resolution shall also be forwarded to the owner, the developer and the professional land surveyor for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed minor subdivision final plat submittal, the developer may request that the minor subdivision final plat be forwarded to the City Council for review and consideration with no recommendation. e. City Council review. The City Council shall review the subdivision final plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said minor subdivision final plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the minor subdivision final plat. The City Council may table the matter with the consent of the developer. If the minor subdivision final plat is found to conform to all relevant City policies and all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the minor subdivision. f. Effect of Minor Subdivision Final Plat Approval. (1) An approved minor subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the final plat. (2) The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met. (3) Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the minor subdivision final plat: (A) Sidewalks to be installed within five (5) years; (B) Detention Pond Construction; (C) Detention Pond Maintenance Agreement; (D) Street Light Installation Agreement (If necessary); (E) As-built plans (if relevant); (F) Extraterritorial Annexation Agreements, if applicable. (4) The City Clerk shall not sign the minor subdivision final plat until all other necessary City signatures have been affixed to the minor subdivision final plat and all post-approval requirements have been met.

Section 5: 25.04.050 Major Subdivisions 1. Approval Procedure. a. Major Subdivision Preplat Conference. (1) Attendance at a Major Subdivision Preplat Conference is a required step in the process for approval of a major subdivision. (2) For a Major Subdivision Preplat Conference, the developer shall request a preplat conference and provide a sketch plan of the proposal. (3) The purpose of a Major Subdivision Preplat Conference is to acquaint City staff and public and private utility providers with the proposed subdivision and to acquaint the developer with the procedures and standards of the City and public and private utility providers. (4) When a Major Subdivision Preplat Conference is requested, the Administrator shall set the time and place and send meeting notices to representatives of the appropriate City departments and public and private utility providers as well as to the developer and the developer's professional engineer and/or professional land surveyor who must currently be licensed in the State of Iowa. The preplat conference shall be held within fourteen (14) calendar days of receiving the application. (5) Major Subdivision Sketch Plan. The developer shall provide a major subdivision sketch plan showing the location of the proposed major subdivision, the general location of any existing and proposed streets and other improvements and the arrangement of lots and land uses in relation to the surrounding area. b. Major Subdivision Preliminary Plat Application. (1) Preliminary plat approval is a required step in the approval process for a major subdivision. (2) The developer shall prepare and file a preliminary plat and supportive materials with the Planning and Real Estate Division of the Economic and Community Development Depart- ment for review and approval in accordance with the list of application requirements listed below: (A) A completed application for approval of a major subdivision preliminary plat; (B) Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents; (C) A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs; (D) One (1) digital and five (5) paper copies of the preliminary plat; (E) Existing and proposed zoning district classifications. c. Grading Prior to Approval. (1) Upon submission of a grading plan, all work being done on the subdivision, if any, shall cease pending approval of the preliminary plat as set forth herein. The developer shall not commence any further work in this area until such approvals are granted. (2) The major subdivision preliminary plat shall contain all the information listed below: (A) A layout in plan view of the subdivision, including: (i) The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision; (ii) Dimensions and bearings of lots and rights-of-way; (iii) Sequential numbering of lots shall also be indicated; (iv) Outlots, labeled either as unsuitable for building reserved for future development, or reserved for a different use such as storm water detention shall be indicated by sequential letter labels; (v) Street names (which need not be the final names as shown in the final plat) and approximate grade shall be indicated; (vi) Existing utility systems, including facility size and location, for water, sanitary sewer and storm drainage facilities; (vii) Preliminary plans for proposed public improvement systems shall be indicated; (viii) Existing gas mains, pipelines, electric transmission and distribution lines, and telecommunication lines; (ix) Existing and proposed easements for public and private utilities, drainage and access; (x) Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown; (xi) Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code; (xii) Names of all adjoining subdivisions; (xiii) On preliminary plats that show dead end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the final plat analyzing the possibilities of street extensions; (xiv) Grading plans, either separately or on the preliminary plat map, including existing and proposed topography, proposed slopes and compaction rates as required for a grading permit application in Chapter 20.30 of the Municipal Code including a drainage report and an erosion control plan that meet the requirements set forth in SUDAS. The grading plan must describe the intended final grading of the subdivision even if the intent is to leave significant phases of the grading to be completed as part of the development of individual lots after the final subdivision plat has been approved; (xv) Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media; (xvi) Lots must be graded so that driveways to houses on said lots can meet SU- DAS requirements; (xvii) Other pertinent information requested by representatives of City departments or public utilities. (3) If the major subdivision preliminary plat proposes streets, City Planning Staff, upon consultation with City engineering staff, SIMPCO MPO Staff and Iowa DOT Staff shall determine what classification; Arterial, Collector, or Local Service said streets shall be. The classification shall be noted on the major subdivision preliminary plat and final plat. The streets shall be built to the SUDAS and City standards, including the right-of-way width and the paving width of the designated classification. Upon final decision by the City Council said classification shall guide City decision making and the City shall request through SIMPCO and the Iowa DOT that the Federal Functional Classification maps be updated accordingly. (4) Complete major subdivision preliminary plat submittals shall be included on the agenda of the Planning and Zoning Commission in accordance with the established administrative schedule. (5) The Planning and Real Estate Division of the Economic and Community Develop- ment Department shall distribute copies of the major subdivision preliminary plat to the Planning and Zoning Commission, the appropriate City departments and public and private utility providers. d. Staff Review. (1) The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision preliminary plat and prepare reports of their findings. Their comments shall be submitted to the Planning and Zoning Commission prior to the public meeting on the major subdivision preliminary plat. (2) City engineering division staff shall specifically review the public improvements and grading plan, including the drainage report and erosion control plan. Upon completion of said review, the City engineering division staff shall provide their report and specifically provide comment on the conformance or lack of conformance with subdivision preliminary plat as well as conformance of the major subdivision preliminary plat with the SUDAS manual and the grading standards set forth in Chapter 20.30 of the Municipal Code. e. Planning and Zoning Commission Review. (1) The Planning and Zoning Commission shall conduct a public hearing on the major subdivision preliminary plat. (2) Notice of the date, time and location of the public hearing will be mailed to the owners of all property within two hundred (200) feet of the subject property not less than four (4) nor more than twenty (20) calendar days prior to the date of the public hearing. (3) The Planning and Zoning Commission shall review the major subdivision preliminary plat, staff reports and other information as may be brought forward during the public meeting to determine whether the major subdivision preliminary plat conforms to the ordinances, Compre- hensive Plan and other policies of the City. Within forty-five (45) calendar days from the filing of the major subdivision preliminary plat with the Administrator, the Planning and Zoning Commis- sion shall forward a report of its finding and a recommendation to the City Council with a copy of the report and recommendation to the owner, the developer, and the professional engineer and/or professional land surveyor, both currently licensed in the State of Iowa for the subdivision. If the Planning and Zoning Commission fails to forward a recommendation to the City Council within forty-five (45) calendar days from the completed major subdivision preliminary plat submittal, the developer may request that the major subdivision preliminary plat be forwarded to the City Council for review and consideration with no recommendation. The recommendation shall be in the form of a statement to be filed as part of the major subdivision preliminary plat materials. A copy of the statement shall also be forwarded to the owner, the developer, the professional surveyor and the professional engineer for the subdivision. (4) City Council review. The City Council shall review the major subdivision preliminary plat, staff reports, report and recommendations of the Planning and Zoning Commission and any other relevant information to determine whether said major subdivision preliminary plat conforms to the ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision preliminary plat. The City Council may table the matter with the consent of the developer. If the major subdivision preliminary plat is found to conform to all relevant City policies, all sections of the Municipal Code, and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a motion and statement to be certified as part of the major subdivision preliminary plat. f. Effect and Duration of Major Subdivision Preliminary Plat Approval. (1) An approved major subdivision preliminary plat authorizes the developer to proceed with detailed engineering design of public improvements which shall conform to the SUDAS Manual and/or the City supplements to the SUDAS Manual. The approval also constitutes the issuance of a grading permit. All grading must conform to the grading plan portion of the preliminary plat. (2) It is the City’s intent that preliminary plats include all of the land the developer intends to develop in the foreseeable future. The preliminary plat is intended to show the future development patterns anticipated by the developer. Such preliminary plats likely will indicate multiple phases of development lasting multiple years. (3) The approval of a major subdivision preliminary plat by the City Council is valid for a period of one (1) calendar year. If a major subdivision final plat for all or a portion of the area within the major subdivision preliminary plat has not been filed within one (1) year, the approval shall be void unless the Administrator approves a time extension. (4) The decision whether or not to approve a time extension shall be based on consistency with City and State development regulations, consistency with the approved major subdivision preliminary plat, consistency with proper engineering practices as determined by the City Engineer, progress made on the construction of those phases under construction and other activities the developer has taken on the property since preliminary plat approval. (5) It is expected that work will not begin on some phases of the preliminary plat for a significant amount of time after preliminary plat approval. g. Detailed Engineering Plans. (1) Review of Detailed Engineering Plans. (A) Upon final approval of a major subdivision preliminary plat, the developer, in addition to being able to begin grading, shall submit detailed engineering plans to the City Engineer for review. The grading shown on the preliminary plat shall be the final grading plan, and the approved preliminary plat the defacto grading permit. In all cases, the term “City Engineer” shall refer to the “engineer for the City of Sioux City or his/her designee”. Any approved grading plans must be consistent with the grading shown on the preliminary plat. The detailed engineering plans shall contain the following information where applicable and shall be designed according to the underlying requirements listed as follows: (B) The detailed set of engineering plans shall include the information consistent with, but not limited to, required specifications listed below: (i) Main water distribution system including but not limited to flushers and other necessary appurtenances to provide safe and reliable water service; (ii) Subdrains required, but not limited to all streets with a grade exceeding 6%; (iii) Entrances (curb cuts); (iv) Private Street. Private streets are prohibited in Sioux City; (v) Footing Drain Collector. If required by the City Engineer shall be built to SU- DAS Standards; (vi) Main (Trunk) Sanitary Sewer. Main (Trunk) Sanitary Sewers shall be built to SUDAS Specifications; Best Engineering practices as determined by the City Engineer, and Io- wa DNR permits are required; (vii) Sanitary Sewer Lift Station (if needed) shall be built to SUDAS Specifications and Best Engineering; (viii) Sanitary Sewer Service Stub shall be built to SUDAS Specifications. City permits shall be required; (ix) Public Storm Sewer shall be built to SUDAS Specifications. Best Engineering practices as determined by the City Engineer. Federal and State permits will be required; (x) Private Storm Sewers shall be built to SUDAS Specifications. City, Federal and State permits will be required; (xi) Runoff Detention ponds shall be built to SUDAS Specifications and Best Engi- neering practices as determined by the City Engineer. City, Federal and Iowa DNR permits will be required. Private maintenance provisions shall be required; (xii) Ditches shall be built to SUDAS Specifications and Best Engineering practices as determined by the City Engineer. City, Federal and Iowa DNR 401 Water Quality and NPDES permits will be required. U.S. Army Corps of Engineers for a 404 permit may be required; (xiii) Water Service Stubs shall be built to SUDAS Specifications and Best Engi- neering practices as determined by the City Engineer. City permits shall be required. Boring will be required. h. Effect of approval of detailed engineering plans. (1) Once a complete set of detailed engineering plans is submitted to the City Engineer or his/her designee, the City Engineer, shall review the plans for consistency with the preliminary plat, with SUDAS specifications, and City standards set out elsewhere in the Municipal Code and consistency with Best Engineering practices. (2) Plan sets that are incomplete will be returned to the developer with the deficiencies noted. Incomplete site plans will not be reviewed. (3) Within twenty-one (21) calendar days of submission of a complete set of detailed engineering plans, the City Engineer or his/her designee shall provide the developer with a stamped set of approved plans or a set of unapproved plans listing the deficiencies. (4) If approved, the City Engineer or his/her designee shall affix his stamp to the plan set. Only stamped plan sets shall be used to guide development. (5) It shall be the policy of the City of Sioux City to make every effort to complete the review of complete plans sets within twenty-one (21) calendar days. However, very large subdivision proposals or subdivision proposals involving very difficult engineering solutions may take longer to review. (6) The developer shall pay a nonrefundable engineering review fee, as established by resolution of the City Council, to defray the cost of the initial engineering review as noted above. Said initial engineering review fee shall include one (1) follow-up review. Additional fees shall be charged for any subsequent follow up reviews. (7) Upon approval of the detailed engineering plans, the City Engineer shall provide a letter to the developer and to City Planning Division Staff advising that said plans have been approved and that construction of said improvements can begin. (8) Once approved, no construction or field changes can be made without written approval of those changes by the City Engineer or his field designee. Without said written approval field changes will not be considered approved. (9) Upon completion of the construction of the utility and street improvements that were part of the detailed engineering plans, and confirmation of completion by the City Engineer, the developer can apply for final plat approval. (10) Application requirements for major subdivision final plat approval are: (A) If the Major Subdivision Final Plat is consistent with an approved and valid preliminary plat: (i) A completed application for approval of a major subdivision final plat; (ii) Names, addresses, telephone numbers and e-mail addresses of the owner(s), developer, professional engineer, or professional land surveyor (both must be currently licensed in the State of Iowa) or any of their agents; (iii) A nonrefundable filing fee, as established by resolution of the City Council, to defray administrative costs; (iv) One (1) digital and five (5) paper copies of the final plat in a size acceptable to the County Recorder; (v) For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa; (B) Approval procedures for final plats that conform with an approved preliminary plat: (i) Upon receipt of an application to approve a final plat that the Administrator has determined to be conforming to an approved preliminary plat, staff of the Planning and Zoning Division of the Community and Economic Development Department shall, by e-mail, inform relevant City department and public utility providers of the proposal. Said providers shall respond within seven (7) calendar days about any concerns they have about the final plat; (ii) The Administrator shall consider the comments to determine if the proposed plat conforms to the preliminary plat; (iii) The engineering division of the Public Works Department shall also review the final plat to determine is all proposed utilities have been properly installed; (iv) The engineering division of the Public Works Department shall also review the proposed final plat for closure; (v) If the Administrator determines that the proposed final plat conforms to the Preliminary Plat, the plat shall be placed on the City Council’s next available agenda; (vi) No public notice shall be required for this process. (C) If the Major Subdivision Final Plat is not consistent with an approved and valid preliminary plat: (i) Major subdivision final plats that do not conform to an approved and valid preliminary plat must be reviewed in the same manner and subject to the same requirements as a minor subdivision final plat as described in Section 25.04.040 of this Ordinance and in such case, there shall be no Presumption of Approval. (D) The determination as to whether or not a final play conforms to any preliminary plat shall be made by the Administrator. (11) Major subdivision final plats shall contain the following: (A) A layout in plan view of the subdivision, including: (i) The boundary and dimensions of the proposed subdivision in relation to monuments for two (2) U.S. public land survey system corners or two (2) corners of a recorded subdivision; (ii) Dimensions and bearings of lots and rights-of-way. Sequential numbering of lots shall also be indicated. Outlots, labeled either as unsuitable for building or as reserved for future development, or reserved for a different use such as storm water detention, shall be indicated by sequential letter labels; (iii) Existing and proposed easements for public and private utilities, drainage and access; (iv) Dimensions and bearings (if different from another given boundary) of the boundaries of the easements shall be shown; (v) Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map adopted by Subsection 25.04.190.4 of the Municipal Code; (vi) Names of all adjoining subdivisions; (vii) Areas of fill in excess of two (2) feet shall be shown on a fill addendum; (viii) Any graphic materials prepared on computer aided drafting systems shall also be submitted on electronic media; (ix) Other pertinent information requested by representatives of City departments or public utilities; (x) For extraterritorial subdivisions plats, an agreement signed by the property owner, binding future owners to petition for voluntary annexation of the property at such time as annexation becomes permissible under the Code of Iowa. (B) Major subdivision final plats shall contain the following certifications, all of which must be signed prior to recording of the plat: (i) Dedication Certificate; (ii) City Council Resolution Certificate; (iii) Owners Consent to Plat; (iv) City Engineer’s Certificate (If the property is within the corporate limits of Sioux City); (v) County Engineers Certificate (If the property is in Woodbury or Plymouth County); (vi) Title Opinion; (vii) City Treasurer’s Certificate; (viii) Auditor’s Approval of Subdivision Name; (ix) Auditor and Recorder’s Certificate of Recording; (x) Certificate Referencing Annexation Agreement (If the property is in Woodbury or Plymouth County). i. Planning and Zoning Commission review (1) The Planning and Real Estate Division of the Economic and Community Development Department shall distribute copies of the major subdivision final plat to the appropriate City departments and public and private utility providers. (A) The appropriate City departments, public agencies and public and private utility providers shall review the major subdivision final plat and prepare reports of their findings. Their comments shall be submitted to the City Council prior to the public meeting on the major subdivision final plat. (B) The City engineering division staff shall specifically comment on the conformance or lack of conformance of the major subdivision final plat to the approved major subdivision preliminary plat and closure of the perimeter of the major subdivision final plat. (C) A major subdivision final plat that is consistent with a valid City Council approved preliminary plat need not be reviewed by the Planning and Zoning Commission. (2) A major subdivision final plat shall not be forwarded to the City Council for approval until the City Engineer has determined that all relevant improvements have either been properly installed or their installation is guaranteed as noted in Subsection 25.04.050(1)(g)(1)(B) of the Municipal Code. j. City Council review. The City Council shall review the major subdivision final plat, staff reports, and any other relevant information to determine whether said major subdivision final plat conforms to the, ordinances, the Comprehensive Plan and other policies of the City. Within thirty (30) calendar days from receipt of the report and recommendations of the Planning and Zoning Commission, the City Council shall approve, approve with conditions, or disapprove the major subdivision final plat. The City Council may table the matter with the consent of the developer. If the major subdivision final plat is found to conform to all relevant City policies, ordinances and the Comprehensive Plan, it shall be approved. Approval shall be in the form of a resolution to be certified as part of the major subdivision final plat. k. Effect of Major Subdivision Final Plat Approval. (1) The City Clerk shall not sign the major subdivision final plat until all other necessary City signatures have been affixed to the major subdivision final plat. After the major subdivision final plat is approved, but before the City signatures are affixed to the major subdivision final plat, the following must occur: (A) One (1) set of "as-built" plans, in a format acceptable to, and approved by, the City Engineer, shall be submitted to the City Engineer prior to the time he or she affixes their signature to the major subdivision final plat if practical. If not, submission of “as built” plans shall be secured through a Subdivision Improvement Installation Agreements ensuring the submission of said plans in a reasonable time as determined by the City Engineer. (B) Subdivision Improvement Installation Agreements ensuring the installation of the following improvements must be signed prior to approval of the major subdivision final plat: (i) Sidewalks to be installed within five (5) years; (ii) Detention Pond Maintenance Agreement; (iii) Street Light Installation Agreement; (iv) Submission of “as built plans”; (v) Extraterritorial Annexation Agreements executed prior to final plat approval. (2) An approved major subdivision final plat authorizes the developer to proceed with the process of securing needed City signatures on the major subdivision final plat and once secured, recording the plat.

Section 6: 25.04.060 Guarantees of Performance 1. In lieu of the requirement that public improvements be completed prior to submission of the major subdivision final plat, the developer may enter into an agreement to complete said public improvements. Such agreement shall provide for completion and acceptance of said public improvements within one (1) year unless specifically extended by mutual agreement. The performance of such construction shall be assured by one of the following forms of security subject to approval by the City Attorney and acceptance by the City Council: a. A cashier's check or an escrow account at an acceptable institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The developer may withdraw or reduce the amount of the security in amounts approved by the City engineering division as public improvements are constructed and inspect- ed. Not more than 90% of the security may be withdrawn prior to filing of the required maintenance bonds and acceptance of the public improvements by the City. An escrow account that requires only the signature of the City Finance Director or the City Treasurer for release of funds will meet the requirements of this form of security. b. A surety bond issued by an acceptable insurance or bonding company upon which the developer is a principal and the City is the sole obligee. The bond shall be in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The assignment of contractor's performance bonds will not satisfy this provision. c. An irrevocable letter of credit from an acceptable financial institution in an amount equal to 110% of the estimated cost of the public improvements to be constructed as approved by the City Engineer. The letter of credit shall provide that if all required public improvements are not completed and accepted within the time allowed, the City may draw sufficient funds from the letter of credit to finance the construction of any remaining required public improvements. d. A petition, waiver of notice and consent to special assessments for the design and installation by the City of the required public improvements. This form of security may be used when the time limit for performance is longer than one (1) year or undetermined. The petition, waiver and consent must be in a form that extends in effect to subsequent owners to assure that the public improvements will be constructed when feasible. e. Post improvement utility installation shall be guaranteed by a Subdivision Improvement Installation Agreement. f. The term of all Subdivision Improvement Installation Agreements shall begin on the date when the final plat is recorded.

Section 7: 25.04.070 Auditor’s Plats. The County Auditor may submit an Auditor's plat for review and approval by the City Council upon recommendation of the Planning and Zoning Com- mission. If the Auditor's plat is found to comply with the standards for surveys in the Code of Io- wa, as amended, and all relevant Municipal Code sections it shall be approved pursuant to Sec- tion 354.15 of the Code of Iowa, as amended, however, the approval of an Auditor’s plat shall not compel the City to accept for maintenance streets or public utilities within said plat that do not meet standards as set out in this chapter. The City may reserve the right to deny issuance of any permits or certificates if the Auditor's plat does not conform with the standards of this chapter for subdivisions including adequate public improvements required to serve developed property.

Section 8: 25.04.080 Design Standards. 1. General. a. General standards for the design and layout of subdivisions are set forth in this section. This section lists improvements that must be shown on major subdivision preliminary plats as- suming that information is applicable and then constructed accordingly. This section shows the standards, size, length and other measurements those improvements must be. b. Specific standards for design of public improvements are found in the following policies: (1) The Comprehensive Plan. (2) The SUDAS Manual. (3) The City Supplement to the SUDAS Manual. (4) Best Engineering Practices as interpreted by the City Engineer. (5) Other adopted City policies. (6) Conformance with the Comprehensive Plan. c. The location, classification, size and character of streets and other public facilities required for a subdivision shall conform to: (1) The Comprehensive Plan. (2) The SUDAS Manual. (3) The City Supplement to the SUDAS Manual. (4) Best Engineering Practices as interpreted by the City Engineer. (5) Other adopted City policies. (6) Conformance with the Comprehensive Plan. d. Grading. (1) Grading must be consistent with the approved preliminary plat. (2) Grading of the subdivision shall meet the standards for slopes, setbacks and compaction set forth in Subsection 25.04.050(1)(c)(2) of the Municipal Code and shall be otherwise consistent with the preliminary plat. Erosion control shall be provided during and after grading in accordance with the requirements of the SUDAS Manual and the City Supplement to the SU- DAS Manual. e. Lots and Blocks. (1) Block length between intersecting streets shall be appropriate to serve circulation needs within and through the subdivision. Blocks longer than one thousand (1,000) feet should be avoided in residential areas. (2) Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of way. Access cannot solely be from an alley. (3) Double-frontage lots are allowed in residential areas only in order to avoid driveways on major streets. (4) Side lot lines should be approximately perpendicular to the front lot line or radial to curved front lot lines. The minimum width and depth of lots shall be determined by the bulk regulations of the zoning district. Usable building sites shall remain when all required setbacks and easements are taken into account; corner lots should be wider than interior lots to allow for corner side yard setbacks. (5) The use of flag lots shall be encouraged when they can be used to allow for better use of development sites or to allow for innovative development designs. f. Streets. (1) In general, all new streets shall conform to the following standards for streets built under the Subdivision Ordinance: (A) Grade. All streets shall have a maximum grade of 10% and a minimum grade of 0.5%. (B) Right-of-way. (i) All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be dedicated with a 60-foot right-of-way. (ii) All rural local service streets shall be dedicated with a 66-foot right-of-way. (iii) All collector and commercial local service streets shall be dedicated with a 70- foot right-of-way. (iv) The required dedicated right-of-way for arterial streets shall be determined and approved by the City Engineer. (C) Paving Width. (i) All residential local service streets, including residential local service streets leading to a cul-de-sac turn around, shall be paved with a 31-foot (back of curb to back of curb) wide paved surface. (ii) All commercial local service streets, including commercial local service streets leading to a cul-de-sac turn around, shall be paved with a 37-foot (back of curb to back of curb) wide paved surface. (iii) All rural local service streets shall be paved with a 24-foot (back of curb to back of curb) wide paved surface. The Planning and Zoning Commission and the City Council upon recommendation of the City Engineer and the Administrator and based on the standards set forth in Subsection 25.04.010(7) may approve a nonpaved surface of at least twenty-four (24) feet. (iv) All arterial and collector streets shall be paved in a manner approved by the City Engineer based on the standards set forth in Subsection 25.04.010(7). (D) Cul-de-sac turn around right-of-way. (i) All residential cul-de-sac turn arounds shall be dedicated with a 50-foot turn around radius. (ii) All commercial cul-de-sac turn arounds shall be dedicated with a 60-foot turn around radius. (E) Cul-de-sac turn around paving. (i) All residential cul-de-sac turn arounds shall be paved with a 35-foot turn around radius. (ii) All commercial cul-de-sac turn arounds shall be paved with a 50-foot turn around radius. (F) Cul-de-sac turn around length. No cul-de-sac of any type shall exceed six hundred (600) feet in length measured from the center of the turnaround to the center of the nearest street intersection provided the cul-de-sac is built in a manner consistent with Section 107 of the International Fire Code. (G) The above standards are general; for detailed regulations refer to SUDAS Table 5C-1.02: Acceptable Roadway Elements. (H) As it is the policy of the City of Sioux City to encourage traffic calming and improved street aesthetics, proposed streets that contain non-transportation amenities such as roundabouts, traffic circles, or medians shall be designed by, or have its design specifically approved by the City Engineer. The City Engineer shall, in combination with the Administrator, review the design for proper traffic flow and geometrics as dictated by Best Engineering practices as well as for landscaping, appearance and livability of the subdivision. (I) Topography. Street patterns should conform to topography in order to maximize the utility of building sites with minimum grading. g. Continuity and Alignment of Streets. (1) If practical, streets should be extensions of existing streets, but if an offset is necessary, it should be at least one hundred and twenty-five (125) feet from centerline of one intersecting street to the other. (2) Streets should intersect as nearly as possible to right angles with a minimum angle of intersection of 80°. (3) Streets should not terminate in a dead-end except at the edge of a subdivision when an extension is planned to extend the street farther in subsequent developments. Dead-end streets shall have a temporary turn-around on either dedicated right-of-way or temporary easements. (4) On preliminary plats which show dead-end or cul-de-sac streets, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of street extensions. Based on the City’s Comprehensive Plan and other approved City plans, streets with no desirability of extension should stop with enough distance between the end of the right-of-way and the property line to accommodate a lot. Streets with a likelihood or desirability of being extended must be extended to the limit of the subdivision plat filing in a manner that would allow the street to be extended so the right-of-way and paving meet the abutting property. h. Cul-de-sacs. (1) Cul-de-sacs longer than six hundred (600) feet shall only be allowed where physical limitations prohibit other access to property, or where the street is expected or planned to be extended to connect with another part of the street system. (2) A turn-around of a design acceptable to the City Engineer shall be provided at the closed end of a cul-de-sac. (3) Sight distances. Maximum vertical and horizontal curvatures of streets are determined based upon sight distance factors set forth in the SUDAS Manual and the City Supple- ment to the SUDAS Manual. i. Alleys. Alleys are not required, but are permitted when a second alternative means of access or frontage to property is desired. Alleys shall be paved to a width of sixteen (16) feet. j. Drainage, Runoff and Flooding. (1) A drainage report, prepared by a professional engineer currently licensed in the State of Iowa must be submitted to the staff of the Planning and Real Estate Division of the Economic and Community Development Department. Said drainage report shall review existing and proposed drainage patterns. Said drainage report shall be prepared in accordance with Chapter 12.16 of the Municipal Code, Storm Water Management, and the SUDAS Manual including the City Supplement. (2) Approximate boundaries of areas subject to floods as indicated on the Official Flood Plain Zoning Map referenced by Subsection 25.04.190.4 of the Municipal Code shall be indicated on the preliminary plat. (3) Approximate boundaries of storm water retention/detention areas, wet lands streams, and wooded areas shall be indicated on the preliminary plat. k. Sewage. (1) All lots shall be served by public sanitary sewer facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend sanitary sewer lines to the property. A lot where the nearest lot line, irrespective of the location of any proposed structures is more than two hundred (200) feet from the nearest public gravity sewer main capable of accommo- dating a residential sewer connection shall be considered infeasible to serve. (2) Lots that are infeasible to be served by sanitary sewer may be served by individual or group sanitary facilities subject to approval by the City's Inspection Services Division. (3) The standard diameter for a sanitary sewer main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or the size necessary to serve the proposed development whichever is greater. (4) On preliminary plats which show dead-end sanitary sewer lines, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the sewer. Sewers with a likelihood of desirability of being extended must be designed so as to be able to be extended to the abutting property. l. Water. (1) All lots shall be served by public water supply facilities of sufficient capacity for the intended use of the property unless it is infeasible to extend public water service to the property. (2) Lots that are infeasible to be served by public water supply facilities may be served by individual or group wells and water treatment subject to approval by the City's utilities department. (3) The standard diameter for a water main, subject to oversizing as may or may not be required by the City Engineer, shall be eight (8) inches or whatever is required to accommodate the developer’s project, whichever is larger. (4) On preliminary plats which show dead-end water mains, a study prepared in partnership with City staff must accompany the plat analyzing the possibilities of extending the water main. Mains with a likelihood or desirability of being extended must be designed so as to be able to be extended to the abutting property. (5) Looped mains are desirable and will be required unless determined to be physically infeasible by the City Engineer. (6) Service water lines to each lot shall be installed as part of the utility improvement installation unless specifically delayed until construction of the main structure to ensure proper water quality. (7) If water service is proposed to/in the subdivision, the developer shall review with City staff to determine which pressure zone the subdivision is in and its maximum service elevation. If the final proposed elevation of any lots in the proposed subdivision is within ten (10) feet of the maximum service elevation for said pressure zone the likely elevation of the building site on those lots shall be identified on the preliminary plat. The pressure zones and their maximum service elevations are as follows:

Grandview 1269 Indian Hills 1416 Morningside 1344 Western Hills 1378

Said pressure zones are described on the following map:

m. Storm Water. (1) Storm water management within subdivisions shall be in conformance with the SU- DAS Manual and/or the City Supplement to the SUDAS Manual. Storm water detention ponds shall be located and designed in a manner consistent with the approved preliminary plat and shall remain the property of the developer and/or homeowners' association who shall be responsible for the maintenance of said detention ponds. n. Street Lights. (1) If streets are proposed, a street lighting plan shall be proposed indicating the type of lighting and the location of lighting. The street lighting plan shall show street light spacing as follows: (2) In the case of Residential Local Service Streets: (A) One (1) street light at the end of each cul-de-sac. (B) One (1) street light at each intersection. (C) One (1) street light at any horizontal curve. (D) One (1) street light every 250 feet in areas where the above conditions do not apply. (E) Where cul-de-sacs exceed two hundred and fifty (250) feet in length, a mid-cul-de- sac light shall be shown. (3) In the case of Residential Collector Streets: (A) One (1) street light at each intersection. (B) One (1) street light at any horizontal curve. (C) One (1) street light every one hundred and twenty-five (125) feet in areas where the above requirements do not apply. (D) In all other cases, such as commercial streets and arterial streets, street light spacing and globes, shall be determined by the City Engineer. (4) Street Light Poles, Globes, and Wattages. (A) Residential street lights shall consist of LED (Light Emitting Diode) fixtures. (B) Residential street lights shall consist of 38 watt LED fixtures (C) Unless specifically modified in writing by the City Engineer, residential street light poles shall be twenty-five (25) feet tall mounted on poles stocked by the City. (D) Globes for residential street lights shall be of a type stocked by the City. (E) Street light poles. Globes and wattages for LED fixtures on all streets shall be approved by the City Engineer. (F) Street lighting shall be installed by the developer in conformance with the approved street lighting plan of the preliminary plat and other specifications of both the electric company (MidAmerican Energy, Woodbury County REC, or Plymouth County REC) where appropriate, and the City of Sioux City. (G) Street lights shall be installed with electrical wires inside conduit approved by the City Engineer connecting multiple street lights within a subdivision. (H) Installation of said street lights shall be assured by execution of a Subdivision Im- provement Installation Agreement. (I) With approval of the final plat, and approval of a Subdivision Improvement Installa- tion Agreement if necessary by the City Council, street lights shall be dedicated to the City and the City shall become responsible for maintenance upon approval of their installation by the City Engineer. o. Sidewalks. (1) It shall be the policy of the City of Sioux City that bicycle and pedestrian circulation as well as vehicle circulation is an integral part of the City’s transportation system. (2) Preliminary plats shall show sidewalks along all streets within subdivisions intended for residential, commercial, or industrial development unless the City Engineer approves a sidewalk installation waiver. (3) Sidewalks along streets within subdivisions intended for residential or commercial development shall be five (5) feet wide and located in a manner consistent with the City's standard street cross section. (4) Given that pedestrian traffic may or may not be compatible with industrial activities or traffic, sidewalks along streets within subdivisions intended for industrial development shall be required only in those cases where the City Engineer, Administrator and Fire Chief determines that sidewalks are necessary and appropriate. If required, sidewalks within subdivisions intended for industrial development shall be of the design, width, and location determined by the City Engineer. (5) Sidewalks along lots or tracts that are not intended to be developed, such as outlots used for storm water detention or tracts reserved for open space shall be installed during subdivision construction and the final plat shall not be approved until the sidewalks are installed or assured. (6) Sidewalks along lots that are intended to be developed with residences or commercial uses but that have not been so developed shall be installed within five (5) years after the date of plat approval. Said sidewalk installation shall be ensured by a Subdivision Improvement Installation Agreement that shall be signed at the time of plat approval and approved by the City Council. (7) In the case of sidewalks in alignment with bicycle trails shown on the City's Trails Master Plan, the sidewalks shall be ten (10) feet wide. (8) Trail extensions shall be constructed in a manner consistent with the City's Trails Master Plan. (9) Sidewalks along lots that are intended to be developed with residences or commercial uses need not be installed until said lot is developed. In such cases, sidewalk installation shall be ensured as part of the building permit. (10) In order to ensure that sidewalks are constructed in conformance with the Ameri- cans with Disabilities Act, the portion of sidewalks from the curb of an intersecting street to a point past where handicapped ramps and truncated dome panels that are consistence with ADA requirements are shown, shall be installed with other required improvements prior to final plat submission. In the event that this portion of sidewalk and/or ADA panels are damaged during construction of the building on the abutting lot, the City shall hold the purchaser of the lot and not the developer responsible for repair to said portion of the sidewalk. p. Private Utilities. (1) In the case of private utilities, all service lines shall be extended to each lot in a manner acceptable to the utility company. (2) An easement for electrical, telephone, and other private utilities shall be shown at the intersection of each side lot line and right-of-way line. Said easements shall be ten (10) feet x ten (10) feet or five (5) feet x ten (10) feet along each side of the property line. q. Prior to approval of the preliminary plat, the City’s Engineering staff shall determine where “stop signs”, “speed limit signs”, street name signs” and other similar public hardware should be located. The City shall fabricate the signs. During construction of the subdivision, the developer shall install said public hardware in conformance with approved plans. Upon approval of the final plat, the developer shall reimburse the City for the cost of fabrication and installation of said public hardware and the City shall take ownership of them.

Section 9: Chapter 24.10 entitled “Subdivision Platting” is repealed in its entirety.

Section 10: The title of Subchapter 25.04-B shall be changed to read “Reserved” and all section titles thereunder shall be deleted.

Section 11: Severability Clause. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions.

Section 12: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Chapter 24.10 and Subchapter 25.04-A of the Sioux City Municipal Code.

Section 13: Effective Date. This ordinance shall be in full force and effect December 1, 2020 from and after its final passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 9, 2020

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

I hereby certify that the foregoing was published in the Sioux City Journal on November 14, 2020

Lisa L. McCardle, City Clerk

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

Notice is hereby given that at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered, on November 9, 2020, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, there will be conducted a public hearing before the City Council on a proposed ordinance amending the zoning and/or sign regulations of the City of Sioux City, Iowa, proposing the following change(s):

Ordinance repealing Chapter 24.10 entitled “Subdivision Platting” and amending Chapter 25.04 entitled “Subdivision Design and Land Development” of the Sioux City Municipal Code by repealing Subchapter 25.04-A and enacting in lieu thereof a new Subchapter 25.04-A to be entitled “Subdivision” for the purposes of establishing procedures, standards and regulations governing subdivisions

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal October 31, 2020

ATTACHMENT C PROPOSED DEFINITION SECTION TO THE SUBDIVISION ORDINANCE

ORDINANCE NO. 2020 - ______

ORDINANCE AMENDING CHAPTER 25.07 ENTITLED “DEFINITIONS” OF THE SIOUX CITY MUNICIPAL CODE BY ADOPTING NEW DEFINITIONS AND CLARIFYING EXISTING DEFINITIONS GOVERNING SUBDIVISIONS

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA1:

Section 1: Subchapter 25.07-B Definitions, Alphabet “A”, Administrator of the Sioux City Munic- ipal Code is amended to read as follows:

Administrator means the City Manager, or his or her designee who is directly responsible for the administration of Title 25 of the Municipal Code. Community Development Operations Man- ager for the City of Sioux City, Iowa.

Section 2: Subchapter 25.07-B Definitions, Alphabet “A”, Alley of the Sioux City Municipal Code is amended to read as follows:

Alley means a public right-of-way, less than twenty feet wide and not intended for traffic circulation, which serves as a secondary means of vehicular access to abutting properties minor right- of-way, dedicated to public use, not more than 20 feet wide, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Section 3: Subchapter 25.07-B Definitions, Alphabet “A”, Annexation of the Sioux City Munici- pal Code is amended to read as follows:

Annexation means the addition of territory to a city as described in Chapter 368 of the Code of Iowa act or process of adding land to the City, usually an incorporated place, by an ordinance, a court order, or other legal action.

Section 4: Subchapter 25.07-B Definitions, Alphabet “A”, of the Sioux City Municipal Code is amended by adding the following new definition:

Auditor’s plat shall mean a subdivision plat required by the county auditor or the assessor, pursuant to sections 354.13 through 354.17 of the Code of Iowa.

Section 5: Subchapter 25.07-B Definitions, Alphabet “B”, of the Sioux City Municipal Code is amended by adding the following new definition:

Bike Trails Plan means the latest plan adopted by the City showing future and existing bike and walking trail alignments.

Section 6: Subchapter 25.07-B Definitions, Alphabet “B”, Block of the Sioux City Municipal Code is amended to read as follows:

1 Proposed additions to text of Municipal Code are indicated by underline; proposed deletions from text of Municipal Code are indicated by strikethrough

Block means a grouping of lots separated from other lots by two or more streets an area of land bounded by a street, or by a combination of streets and public parks, cemeteries, railroad rights- of-way, exterior boundaries of a subdivision, shorelines of waterways, or corporate boundaries.

Section 7: Subchapter 25.07-B Definitions, Alphabet “C”, of the Sioux City Municipal Code is amended by adding the following new definition:

Certificate means a statement, or attestation placed on a final plat by various City and County agencies or departments, indicating approval of a plat.

Section 8: Subchapter 25.07-B Definitions, Alphabet “C”, of the Sioux City Municipal Code is amended by adding the following new definition:

Closure means the determination, usually mathematical, determining that the perimeter of a survey constitutes a polygon.

Section 9: Subchapter 25.07-B Definitions, Alphabet “C”, of the Sioux City Municipal Code is amended by adding the following new definition:

Complete Streets Policy means a transportation policy and design approach that requires streets to be planned, designed, operated, and maintained to enable safe, convenient and com- fortable travel and access for users of all ages and abilities regardless of their mode of transportation.

Section 10: Subchapter 25.07-B Definitions, Alphabet “C”, Comprehensive Plan of the Sioux City Municipal Code is amended to read as follows:

Comprehensive Plan means the plans made for future development of the area formulated by the planning and zoning commission and adopted by the city council. Such plans may indicate general recommended locations and interrelationships for land uses, streets, parks, public facilities and other public improvements, as well as statements of the policies of the city with respect to physical development of the community. The Comprehensive Plan is a guide and resource for officials and agencies of the city in the performance of their duties, but except as otherwise provided, is not binding upon them most current and legally adopted City of Sioux City Compre- hensive Plan, including all adopted maps, charts, and explanatory material. The Comprehensive Plan includes a compilation of policy statements; goals; standards; maps; and recommended planning, fiscal and public works programs; together with all pertinent data relative to the past, present, and future trends of the City with respect to its population, housing, economic, social, and environmental development patterns; its land, water, and natural resources and use, its transportation facilities, public facilities and utilities; and any other matters relative to the present and future patterns of life within the City, prepared and approved by the Planning and Zoning commission with the advice and assistance of the City's planning staff. The Comprehensive Plan serves as a guide and resource for City officials and agencies in the performance of their duties but, except as otherwise provided in this Code and the Sioux City Code, shall not be binding upon them.

Section 11: Subchapter 25.07-B Definitions, Alphabet “C”, of the Sioux City Municipal Code is amended by adding the following new definition:

Corporate Boundaries means the legally described perimeter of the City.

Section 12: Subchapter 25.07-B Definitions, Alphabet “C”, of the Sioux City Municipal Code is amended by adding the following new definition:

Cul-de-sac means a minor street having only one end open to traffic that is permanently termi- nated by a vehicular turnaround. Cul-de-sac may also refer to a paved circular turnaround at the end of such a dead-end street.

Section 13: Subchapter 25.07-B Definitions, Alphabet “D”, of the Sioux City Municipal Code is amended by adding the following new definition:

Dedication means a conveyance of an ownership in real property to the city or other public agency for public use in conformance with the provisions of Section 354.19 of the Code of Iowa.

Section 14: Subchapter 25.07-B Definitions, Alphabet “D”, Development of the Sioux City Mu- nicipal Code is amended to read as follows:

Development means the act of physically altering land to allow construction or private or public improvements. Approval of a final plat alone does not constitute development any building, construction, renovation, mining, extraction, dredging, filling, excavation, or comparable activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity of use of land (such as an increase in the number of dwelling units in a structure); any change from one use to another use; and any activity that alters a river, stream, lake, pond, canal, woodland, wetland, endangered species habitat, or other natural resource area. Development does not include agriculture and forestry operations.

Section 15: Subchapter 25.07-B Definitions, Alphabet “D”, of the Sioux City Municipal Code is amended by adding the following new definition:

Detailed Engineering Plans mean detailed plans guiding the construction of public improvements other than grading including, but not limited to streets, sewers, and water pipes.

Section 16: Subchapter 25.07-B Definitions, Alphabet “D”, of the Sioux City Municipal Code is amended by adding the following new definition:

Detention Pond means an area where storm water is collected, held and released at a rate that is slower than its intake.

Section 17: Subchapter 25.07-B Definitions, Alphabet “D”, of the Sioux City Municipal Code is amended by adding the following new definition:

Dimension means a measurable extent of some kind, such as length, breadth, depth, or height.

Section 18: Subchapter 25.07-B Definitions, Alphabet “D”, of the Sioux City Municipal Code is amended by adding the following new definition:

Division shall mean the splitting of a parcel or tract of land into more than one parcel or tract of land for conveyance or tax purposes. The term may be used as distinct from a subdivision.

Section 19: Subchapter 25.07-B Definitions, Alphabet “D”, of the Sioux City Municipal Code is amended by adding the following new definition:

Drainage Report means a study of the storm water drainage of a given area that analyzes runoff patterns and proposes measures to control said drainage to a given amount.

Section 20: Subchapter 25.07-B Definitions, Alphabet “E”, Easement of the Sioux City Munici- pal Code is amended to read as follows:

Easement means a right to cross, occupy, or otherwise use someone else's land for a specified purpose authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.

Section 21: Subchapter 25.07-B Definitions, Alphabet “E”, of the Sioux City Municipal Code is amended by adding the following new definition:

Exception means a variance, or approved deviation from the requirements of a subdivision that is approved in writing by the City Council.

Section 22: Subchapter 25.07-B Definitions, Alphabet “E”, of the Sioux City Municipal Code is amended by adding the following new definition:

Extraterritorial Annexation Agreement means an agreement made between the City and the owner of unincorporated property to annex their property into the City at a later date.

Section 23: Subchapter 25.07-B Definitions, Alphabet “E”, of the Sioux City Municipal Code is amended by adding the following new definition:

Extraterritorial Subdivision Final Plat means a subdivision plat of property within two miles of the corporate boundaries the City of Sioux City’s corporate boundaries lying within Iowa.

Section 24: Subchapter 25.07-B Definitions, Alphabet “F”, Floodplain, Flood Insurance Rate Map (FIRM) of the Sioux City Municipal Code is amended to read as follows:

Floodplain, Flood Insurance Rate Map (FIRM) means the official flood insurance map of a community on which the Federal Emergency Management Agency (FEMA) has indicated both the special flood hazard areas and the risk premium zones for the designated community prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

Section 25: Subchapter 25.07-B Definitions, Alphabet “F”, of the Sioux City Municipal Code is amended by adding the following new definition:

Floodplain, Flood hazard addendum means an attachment to a final plat showing areas subject to flooding.

Section 26: Subchapter 25.07-B Definitions, Alphabet “G”, General Plan of the Sioux City Mu- nicipal Code is amended to read as follows:

General Plan shall also be referred to as the Comprehensive Plan. mean the plans made for future development of the area formulated by the planning and zoning commission and adopted by the city council. Such plans may indicate general recommended locations and interrelationships for land uses, streets, parks, public facilities and other public improvements, as well as statements of the policies of the city with respect to physical development of the community. The general plan is a guide and resource for officials and agencies of the city in the performance of their duties, but except as otherwise provided, is not binding upon them.

Section 27: Subchapter 25.07-B Definitions, Alphabet “G”, Grade of the Sioux City Municipal Code is amended to read as follows:

Grade means the elevation of the surface of the ground or paving. Also, the physical process of changing the surface of the ground. Also, the slope of a street expressed as a percentage of rise to run lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

Section 28: Subchapter 25.07-B Definitions, Alphabet “G”, of the Sioux City Municipal Code is amended by adding the following new definition:

Grading Plan means part of a preliminary plat describing existing topography and proposed changes to said topography.

Section 29: Subchapter 25.07-B Definitions, Alphabet “I”, Improvement of the Sioux City Munic- ipal Code is amended to read as follows:

Improvements means changes and additions to the land necessary to prepare it for building sites, including but not limited to: street paving, grading, monuments, storm water facilities, sanitary sewers, water mains, fire hydrants, sidewalks and pedestrian ways any man-made, immov- able object or item which becomes part of, is placed upon, or is affixed to the land.

Section 30: Subchapter 25.07-B Definitions, Alphabet “L”, of the Sioux City Municipal Code is amended by adding the following new definition:

Legal Description means a written statement describing the boundaries or the area of a parcel or tract of land that is sufficiently explicit for the purpose of sale and conveyance, recording, tax assessment and collection. description.

Section 31: Subchapter 25.07-B Definitions, Alphabet “L”, of the Sioux City Municipal Code is amended by adding the following new definition:

Loess Hills means a formation of wind-deposited loess soil in the westernmost parts of Iowa and Missouri, and the easternmost parts of Nebraska and Kansas, along the Missouri River.

Section 32: Subchapter 25.07-B Definitions, Alphabet “L”, Lot, double frontage of the Sioux City Municipal Code is amended to read as follows:

Lot, Double Frontage means a lot, other than a corner lot, that has frontage on two streets. Generally, the bulk requirements for a front setback apply to both frontages having frontage on two streets, private ways, or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets or to the front line as determined at the time of platting or as defined by this Code (also known as a through lot).

Section 33: Subchapter 25.07-B Definitions, Alphabet “L”, of the Sioux City Municipal Code is amended by adding the following new definition:

Lot, flag mean a lot with less than the required lot width at the front setback as specified in the bulk regulations for a zone that widens to the required minimum width farther from the street. Flag lots are intended to allow development of parcels that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel.

Section 34: Subchapter 25.07-B Definitions, Alphabet “L”, of the Sioux City Municipal Code is amended by adding the following new definition:

Lot, subdivision mean a land parcel within a subdivision, identified by number, intended as a unit for transfer or development.

Section 35: Subchapter 25.07-B Definitions, Alphabet “L”, Lot Line, Side of the Sioux City Mu- nicipal Code is amended to read as follows:

Lot Line, Side means lot lines between the front and rear lot lines any lot line not a front lot line or rear lot line.

Section 36: Subchapter 25.07-B Definitions, Alphabet “O”, Out-lot of the Sioux City Municipal Code is amended to read as follows:

Out-lot means a remnant piece of land that is left over after a developer has surveyed, planned and developed a new subdivision lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no building permit shall be issued.

Section 37: Subchapter 25.07-B Definitions, Alphabet “O”, Owner of the Sioux City Municipal Code is amended to read as follows:

Owner means the holder of legal title or any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees (with an unexpired lease term of at least 10 years), etc. which are filed of record in the offices of the county recorder and includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under leases having an unexpired term of at least 10 years, and the like. Whenever a statement of ownership is required by this Code, full disclosure of all legal and equitable interests in the property is required.

Section 38: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Parcel means a part of a tract of land.

Section 39: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Parks Plan means the latest plan adopted by the City showing future parks and park development.

Section 40: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Paving Width means the width of paving between the back of one curb and the back of the other on paved streets, or the width between the two edges of asphalt paving on asphalt streets, or the width of the driven way on gravel or unimproved streets.

Section 41: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Plat means a graphic representation and supporting documentation of a plan for division of land.

Section 42: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Plat, final means a subdivision plat map drawn to the standards of section 355.8 and pursuant to the provisions of sections 354.6 through 354.11 of the Code of Iowa.

Section 43: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Plat, preliminary means maps and supportive information indicating the proposed layout of a subdivision and preliminary design of required public improvements.

Section 44: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Plat, subdivision (See Plat, final).

Section 45: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Plat of survey means a graphic representation of one or two parcels of land prepared by a professional land surveyor as an illustration of a metes and bounds description of the parcels.

Section 46: Subchapter 25.07-B Definitions, Alphabet “P”, of the Sioux City Municipal Code is amended by adding the following new definition:

Preplat Conference means the informal meeting of City staff, the developer, developer’s staff and other interested parties that begin each subdivision process.

Section 47: Subchapter 25.07-B Definitions, Alphabet “W”, of the Sioux City Municipal Code is amended by adding the following new definition:

Pressure Zone means zones served by individual water towers. Each pressure zone would have different service elevation limits.

Section 48: Subchapter 25.07-B Definitions, Alphabet “P”, Public Hearing of the Sioux City Mu- nicipal Code is amended to read as follows:

Public Hearing means a meeting, open to the public at which members of the public are invited to make their opinions known to the members of the group in attendance at, and holding, the meeting announced and advertised in advance and open to the public, in which members of the public have an opportunity to participate.

Section 49: Subchapter 25.07-B Definitions, Alphabet “R”, of the Sioux City Municipal Code is amended by adding the following new definition:

Replat, re-subdivision means a subdivision plat representing land that has previously been included in a recorded subdivision plat.

Section 50: Subchapter 25.07-B Definitions, Alphabet “R”, Right-of-way of the Sioux City Mu- nicipal Code is amended to read as follows:

Right-of-Way means a parcel of land intended to be occupied for streets, sidewalks, utilities and other public purposes. On a plat, rights-of-way are to be separate and distinct from other lots or parcels. Rights-of-way intended for public facilities shall be dedicated to public use and title transferred to the appropriate public agency any land held, owned or otherwise controlled by the City for the specific but not exclusive purpose of vehicular, pedestrian, and/or other form of transportation whether or not such transportation use is actually or presently undertaken on such land. Right-of-way may be granted by a property owner, usually in the form of a dedication for public use, or a strip or strips of land, title to which rests in the public for the purpose stated in the dedication.

Section 51: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Sewer Service means an allowed connection to a series of pipes that flow to, and terminate at, the City of Sioux City’s Waste Water Treatment Plant.

Section 52: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Simple division means a division of a parcel or tract of land into not more than two lots that do not require any public improvements.

Section 53: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Sketch Plan means the informal drawing of a subdivision presented by the developer at a preplat conference.

Section 54: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Storm Water means rain water flowing from a particular site.

Section 55: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Storm Water Detention means the act of collecting and holding storm water for a period of time before releasing it.

Section 56: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Street, Abutting means a public right-of-way that abuts a tract of land being subdivided.

Section 57: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Street, Arterial means a street that serves major activity centers, highest traffic volume corridors and longest trip demands, carries high proportions of total urban travel on minimum of mileage, interconnect and provides continuity for major rural corridors to accommodate trips entering and leaving urban area and movements through the urban area and serves demand for intra-area travel between the business districts and outlying residential areas, or is shown on the Federal Functional Classification maps as a major or minor arterial street.

Section 58: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Street, Collector means a street that serves both land access and traffic circulation in residential, and commercial/industrial areas, penetrates residential neighborhoods, for significant distances, distributes and channels trips between Local Service Streets and Arterials, or is shown on the Federal Functional Classification maps as a major or minor collector street.

Section 59: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Street, Dead-End means a street that terminates with no reasonable provision made to allow vehicles to turn around.

Section 60: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Street, Lighting means lights operated by the City that are used to illuminate the driven way to aid vehicular and pedestrian traffic. Traffic signals, or other lights that provide no meaningful illumination are not “street lights”.

Section 61: Subchapter 25.07-B Definitions, Alphabet “S”, Street, Local of the Sioux City Munic- ipal Code is amended to read as follows:

Street, Local means, depending on context, either the right-of-way for a public thoroughfare, other than an alley, or the improved portion of such a public right-of-way primarily intended for vehicular travel a street that is designed and constructed to provide access to individual lots.

Section 62: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Street, Local Service means a street that provides direct access to adjacent land, access to Collector and Arterial Streets, carries little through traffic movement, or is shown on the Federal Functional Classification maps as a local service street.

Section 63: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Subdivider means the owner or agent of the owner who undertakes to cause a parcel of land to be designed, constructed as a subdivision.

Section 64: Subchapter 25.07-B Definitions, Alphabet “S”, Subdivision of the Sioux City Munici- pal Code is amended to read as follows:

Subdivision means a division of a parcel or tract of land into more than two lots the division or re-division of a lot, tract, or parcel of land, by any means, including by means of a plan or a description by metes and bounds, into two or more lots, tracts, parcels, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or of building development.

Section 65: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Subdivision Improvement Installation Agreement means an agreement, binding on the developer and heirs and assigns obligating the installation of subdivision improvements after approval and recording of a plat.

Section 66: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Subdivision, major means a division of land that requires public improvements.

Section 67: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Subdivision, minor means a subdivision that does not involve the construction or installation of public improvements with the possible exception of sidewalks, street lights and storm water detention.

Section 68: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Subdivision, ordinance means Chapter 25.04 of the Sioux City Municipal Code.

Section 69: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

Survey (See Plat of Survey)

Section 70: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

SUDAS Manual means the Statewide Urban Design Standards as adopted by the City of Sioux City.

Section 71: Subchapter 25.07-B Definitions, Alphabet “S”, of the Sioux City Municipal Code is amended by adding the following new definition:

SUDAS Manual Supplement means a City of Sioux City City Council adopted addendum modi- fying the SUDAS standards applicable within the City of Sioux City.

Section 72: Subchapter 25.07-B Definitions, Alphabet “U”, Utility of the Sioux City Municipal Code is amended to read as follows:

Utility means the services and facilities that provide usefulness and amenity for developed property. Utilities include, but are not limited to, sanitary sewer, water, natural gas, electricity, telephone, cable television and other telecommunication systems a commodity or service which is of public consequence and need such as electricity, gas, sewer, water, transportation, television cables, or telephone service.

Section 73: Subchapter 25.07-B Definitions, Alphabet “W”, of the Sioux City Municipal Code is amended by adding the following new definition:

Water Service means an allowed connection to a series of pipes that flow from one of the City’s water towers and terminate at a potable water tap.

Section 74: Severability Clause. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions.

Section 75: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subchapter 25.07-B Definitions, Alphabet “A”, Administrator; Subchapter 25.07-B Definitions, Alphabet “A”, Alley; Subchapter 25.07-B Defini- tions, Alphabet “A”, Annexation; Subchapter 25.07-B Definitions, Alphabet “B”, Block; Subchap- ter 25.07-B Definitions, Alphabet “C”, Comprehensive Plan; Subchapter 25.07-B Definitions, Al- phabet “D”, Development; Subchapter 25.07-B Definitions, Alphabet “E”, Easement; Subchapter 25.07-B Definitions, Alphabet “F”, Floodplain, Flood Insurance Rate Map (FIRM); Subchapter 25.07-B Definitions, Alphabet “G”, General Plan; Subchapter 25.07-B Definitions, Alphabet “G”, Grade; Subchapter 25.07-B Definitions, Alphabet “I”, Improvement; Subchapter 25.07-B Defini- tions, Alphabet “L”, Lot, double frontage; Subchapter 25.07-B Definitions, Alphabet “L”, Lot Line, Side; Subchapter 25.07-B Definitions, Alphabet “O”, Out-lot; Subchapter 25.07-B Defini- tions, Alphabet “O”, Owner; Subchapter 25.07-B Definitions, Alphabet “P”, Public Hearing; Sub- chapter 25.07-B Definitions, Alphabet “R”, Right-of-way; Subchapter 25.07-B Definitions, Alpha- bet “S”, Street, Local; Subchapter 25.07-B Definitions, Alphabet “S”, Subdivision; and Subchap- ter 25.07-B Definitions, Alphabet “U”, Utility of the Sioux City Municipal Code.

Section 76: Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 9, 2020

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

I hereby certify that the foregoing was published in the Sioux City Journal on November 14, 2020

Lisa L. McCardle, City Clerk

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

Ordinance amending Chapter 25.07 entitled “Definitions” of the Sioux City Munic- ipal Code by adopting new definitions and clarifying existing definitions governing subdivisions

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal October 31, 2020

ATTACHMENT D Chapter 20.30 – Grading Ordinance (Information only)

ORDINANCE NO. 2020- ______

ORDINANCE AMENDING CHAPTER 20.30 ENTITLED “GRADING ORDI- NANCE” OF THE SIOUX CITY MUNICIPAL CODE TO CLARIFY THAT GRAD- ING PERMITS SHALL NOT BE USED IN PLACE OF PRELIMINARY PLATS FOR SUBDIVISION DEVELOPMENT PURPOSES.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA2:

Section 1: 20.30.040 Permit Required. No person shall do any grading on any property which involves the movement of more than 50 cubic yards of material in the city without first obtaining a grading permit as provided herein. Grading permit approval will be concurrent with approval of the following activities: (a) building permit; (b) land development as part of a subdivision platting and (c) public infrastructure construction. Grading for extraction and landfilling authorized by a zoning conditional use permit will also require issuance of a grading permit. Under no circumstances shall a grading permit be issued, nor shall any grading commence, which will have the effect of bringing a subdivision to grade unless a preliminary plat has been approved for said property. Grading permits for grading activities in the Loess Hills within that area visible from the Loess Hills National Scenic Byway located on Highway 12 and Interstate 29 shall require City Council approval of the permit. The Loess Hills National Scenic Byway is that route set forth in the attached map which shall be kept on file in the offices of the City Clerk, the Engineering Di- vision of the Public Works Department, and the City Zoning Office.

2 Proposed additions to text of Municipal Code are indicated by underline; proposed deletions from text of Municipal Code are indicated by strikethrough

Loess Hills National Scenic Byway

Section 2: Penalty Clause. Anyone violating the provisions of this ordinance shall upon convic- tion be punished as provided in Section 1.04.100 of the Sioux City Municipal Code.

Section 3: Severability Clause. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions.

Section 4: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Section 20.30.040 of the Sioux City Municipal Code.

Section 5: Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 9, 2020

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

I hereby certify that the foregoing was published in the Sioux City Journal on November 14, 2020

Lisa L. McCardle, City Clerk

ATTACHMENT E PUBLIC INPUT TO DATE

1. 2-mile ETJ (should it be less) 2. Land shall not be subdivided until adequate improvements such as storm water drainage, water, sanitary sewer, exist or ensured. 3. A subdivision final plat and, where required by this chapter, a preliminary plat, shall be made when a tract of land is divided or subdivided into three or more parcels irrespective of whether or not it is subdivided by simultaneous or repeated division, a quantity description, or a metes and bounds description regardless of whether or not a plat of survey has been recorded or by any other means. 4. Parcels existing prior to January 1, 1976 shall be considered to have been created lawfully under this section (better date). 5. Approval procedure for Minor Subdivision Final Plats that conform with an approved final plat??? 6. Attendance at a preplat conferences are required. 7. DRC does not qualify as a preplat conference. 8. Improvements associated with minor subdivisions • Sidewalks • Street Lights • Detention 9. Reduced submission requirements for Major Subdivision Preliminary Plats, (only what can be seen with the naked eye). 10. Upon submission of a preliminary plat application all grading must stop until preliminary plat is approved 11. Revisions to Grading Ordinance

20.30.010 Purpose of Ordinance. b. Under no circumstances shall a grading permit be issued that would have the effect of allowing grading for a subdivision to begin prior to approval of a preliminary plat by the City Council. 12. City Engineering Division staff shall review the public improvements and grading plan, including the drainage report and erosion control plan. Upon completion of said review, the City Engineering Division staff shall provide their report and specifically provide comment on the conformance or lack of conformance with subdivision preliminary plat as well as conformance of the major subdivision preliminary plat with the SUDAS and the grading standards???????? 13. It is the City’s intent that Preliminary Plats include all of the land the developer intends to develop in the foreseeable future. The preliminary plat is intended to show the future development patterns - likely will indicate multiple phases of development lasting multiple years. 14. …preliminary plat … valid for a period of one (1) calendar year. Administrator approves a time extension – should be routine. 15. Major Subdivision Final Plats and Minor Subdivision Final Plats that conform to an approved preliminary Plat will not be noticed (to property owners within 200-feet) 16. New Subdivision Improvement Installation Agreements (attached) 17. Field changes without signed approval by City Engineer are invalid. 18. Procedure to get City Engineer to sign off on field changes?????

19. Major Subdivision Final Plat post approval requirements: • Subdivision Improvement Installation Agreement addressing o Sidewalks to be installed within five (5) years o Detention Pond Maintenance Agreement; o Street Light Installation Agreement o Submission of "as built plans". o Extraterritorial Annexation Agreement (if necessary) 20. Each lot in a subdivision shall have at least twenty-five (25) feet of frontage on a public street right-of way – no private streets 21. The use of flag lots shall be encouraged … to allow for innovative development designs. 22. As it is the policy of the City of Sioux City to encourage traffic calming and improved street aesthetics, proposed streets that contain non-transportation amenities such as roundabouts, traffic circles, or medians shall be designed by, or have its design specifically approved by the City Engineer. 23. Street intersections minimum of 80-degrees – preferably 90. 24. Cul-de-sacs • Length 500-feet or tie to zoning and number of dwelling units (45-LF/unit)??? • Type of turn around??? • Second way out for maintenance??? • Study to determine likelihood, possibility OR necessity of extension. Same for sewer and water. • Looped mains required if feasible. 25. Required drainage report. Required detention. Acceptable alternatives to surface detention encouraged. 26. Detention ponds to remain owned by Developer or HOA. 27. Minimum water main size - 8” 28. Minimum sewer main size – 8” 29. Elevation review. 30. Street Lighting • New street lighting standards • All residential street lights to be corn cob style. • All nonresidential street lights to be approved by City Engineer. • Street Lighting installation to be assured by SIIAs 31. Sidewalks • Sidewalks – 5’ • Engineering Review of Sidewalks in Industrial Areas • Consistency with Muli-Modal Trail Plan. • Sidewalks installed: o along undevelopable lots immediately o developed lots prior to issuance of CO o along not-as-of-yet developed lots within five years and construction ensured by SIIA 32. Submission of “as-builts ensured by SIIA 33. Electric service lines to terminate within each lot.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 9, 2020 ACTION ITEM # 17 FROM: Tom Everett, Fire Chief

Resolution amending the Fire Department’s authorized payroll complement SUBJECT: by adding three (3) additional full-time paramedic positions within the Emergency Medical Services (EMS) Division

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

RECOMMENDATION: Staff respectfully requests that the City Council approve a resolution for the addition of three (3) full-time paramedics as well as an adjustment to the current EMS Division schedule.

DISCUSSION: The addition of three (3) full-time paramedics will provide coverage for EMS calls at night, enhance employee well-being and to avoid burnout. Currently SCFR runs three ambulances during the day and drops to two ambulances from 8 p.m. to 8 a.m. creating very large districts and calls being handled by one less crew. Staff would like to hire three (3) full-time paramedics and adjust current schedules. Current staff would move from a 24 on/48 off, 24 on/48 off, 12 on/48 off schedule to a straight 24 on/48 off schedule.

FINANCIAL IMPACT: The employee addition and schedule change will have an annual financial impact of $491,120 and be offset by Ground Emergency Medical Transport (GEMT) revenue.

Account Number: Description: Amount: Explanation:

101-4050-411.10-05 Adjust current $302,000 Adjust EMS Division schedule increasing Schedule overtime

101-4050-411 (3) EMS Division $189,120 Additional Comple- Paramedics Salary ment and Benefits

Total $491,120

RELATIONSHIP TO STRATEGIC PLAN: Relates to Core Operation II. Health and Safety

ALTERNATIVES: Choose to implement only and either increase staffing (additional of three personnel) or a change in schedule for the EMS Division Operations personnel.

Make no change to EMS staffing or schedule.

ATTACHMENTS: Resolution

RESOLUTION NO. 2020 - ______

RESOLUTION AMENDING THE FIRE DEPARTMENT’S AUTHORIZED PAY- ROLL COMPLEMENT BY ADDING THREE (3) ADDITIONAL FULL-TIME PAR- AMEDIC POSITIONS WITHIN THE EMERGENCY MEDICAL SERVICES (EMS) DIVISION

WHEREAS, the annual budget for the fiscal year ending June 30, 2021 was adopted by the City Council on March 16, 2020, pursuant to Resolution No. 2020-0244; and

WHEREAS, the City Council of the City of Sioux City, is advised and does believe that it is in the best interest of all concerned to amend the Fire Department’s authorized payroll complement by adding three (3) additional full-time paramedic positions within the Emergency Medical Services (EMS) Division.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Fire Department’s authorized payroll complement be and the same is hereby amended by adding three (3) additional full-time paramedic positions within the Emergency Medical Services (EMS) Division.

PASSED AND APPROVED: November 9, 2020 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: November 9, 2020 ACTION ITEM # 18 FROM: Mike Collett, Assistant City Manager

Resolution recommending to the United States Department of Transporta- SUBJECT: tion an airline carrier to provide service to the Sioux Gateway Airport / Brigadier General Bud Day Field. (SkyWest Airlines)

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

RECOMMENDATION: Staff respectfully requests City Council approval of a resolution to recommend to the United States Department of Transportation (USDOT) for the award of a three-year contract to SkyWest Airlines under the Essential Air Services (EAS) Program. The Sioux Gateway Air- port Board of Trustees, voted to approve a recommendation to the City Council, to ask the USDOT to select SkyWest Airlines EAS proposal for service between Sioux City and Chica- go.

DISCUSSION: The Sioux Gateway Airport Board of Trustees have reviewed the three proposals submitted to the United States Department of Transportation for Essential Air Service. Based on the information provided, the Airport Board approved a recommendation to City Council for the SkyWest Airlines proposal as outlined in the attached letter from David Bernstein, President of the Airport Board of Trustees.

For the reasons attached, the Airport Board of Trustees respectfully asks that the City Coun- cil pass a resolution recommending SkyWest Airlines be awarded the Essential Air Service (EAS) contract for Sioux City air service to Chicago.

FINANCIAL IMPACT: The funding for the contract is through the USDOT Essential Air Service Program for 100% of the proposed cost.

RELATIONSHIP TO STRATEGIC PLAN: This action supports the Strategic Plan by investing in improvements to provide our citizens with a modern customer service friendly commercial airport.

ALTERNATIVES: No action would leave the recommendation of the Airport Board of Trustees to be submitted to the USDOT without formal action by the City Council.

ATTACHMENTS: Resolution Letter of Recommendation

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION RECOMMENDING TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION AN AIRLINE CARRIER TO PROVIDE SERVICE TO THE SIOUX GATEWAY AIRPORT / BRIGADIER GENERAL BUD DAY FIELD. (SKYWEST AIRLINES)

WHEREAS, the United States Department of Transportation has solicited bids for Essential Air Service to the Sioux Gateway Airport; and

WHEREAS, Boutique Air, American Airlines, and SkyWest Airlines have offered competing proposals for a federal subsidy to serve the Sioux Gateway Airport / Brigadier General Bud Day Field; and

WHEREAS, the City Council has carefully studied and reviewed the proposals from Boutique Air, American Airlines, and SkyWest Airlines; and

WHEREAS, the City Council has received the recommendation of the Sioux Gateway Airport Board of Trustees on which airline it believes will best serve the citizens of Sioux City and surrounding communities utilizing the Sioux Gateway Airport / Brigadier General Bud Day Field; and

WHEREAS, the City Council has given due and careful consideration to the recommendation of the Sioux Gateway Airport Board of Trustees; and

WHEREAS, the City Council desires to make a recommendation to the United States Department of Transportation on which proposal they feel will best serve the citizens of Sioux City and surrounding communities utilizing the Sioux City Gateway Airport.

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that it does hereby recommend to the United States Department of Transportation that the proposal of SkyWest Airlines be accepted and that an Essential Air Service Contract be awarded to SkyWest Airlines based upon its proposal which the City Council believes will best serve the needs of the Sioux Gateway Airport / Brigadier General Bud Day Field.

BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized to sign and mail a letter to the United States Department of Transportation expressing the City Council’s recommendation herein.

PASSED AND APPROVED: November 9, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk