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

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

2. PRESENTATION - Campus Compact Intern, Tani Russell outlining her experience as a 2019 Summer Outreach Intern.

CONSENT AGENDA

Items 3 through 16F 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 July 18 and 22, 2019. (PLACARD, CLOSED, REG- ULAR)

4. MUSEUM - Motion accepting the annual evaluation of the Museum Director.

5. SYA - Resolution authorizing a contribution of $50,000 to the Siouxland Youth Athletics (SYA) to support the construction of a new baseball field and the conversion of three softball fields to artificial turf at the Riverside Recreational Sports Complex. (1301 Riverside Boulevard)

6. AFSCME - Resolution amending the Position Classification Manual adopted by Resolution No. S-31050 by approving and adopting an updated job description for an AFSCME appointed employee position. (Custodian, Class Code IV-6035)

7. ACTIONS RELATING TO GRANTS

A. GILCHRIST - Resolution authorizing the Parks and Recreation Department to accept a Gilchrist Foundation 2019 Project Grant in the amount of $100,000 to support the Chris Larsen Park – Redevelopment Project.

B. CDBG - Resolution approving and accepting the grant agreement authorized by the Department of Housing and Urban Development under the funding approval for Community Development Block Grant (CDBG) Agreement No. B-19-MC-19-0006 and directing the City Manager to execute said grant agreement for submission to the Department of Housing and Urban Development.

C. HOME - Resolution approving and accepting the grant agreement authorized by the De- partment of Housing and Urban Development under the funding approval for the Home Investment Partnerships Agreement No. M19-DC190207 and directing the City Manager to execute said grant agreement for submission to the Department of Housing and Urban Development.

D. EMERGENCY SOLUTIONS - Resolution approving and accepting the grant agreement authorized by the Department of Housing and Urban Development under the funding approval for Emergency Solutions Grant Program Agreement No. E-19-MC-19-0006 and directing the City Manager to execute said grant agreement for submission to the Depart- ment of Housing and Urban Development.

E. SPORTS AUTHORITY - Resolution authorizing the submission of a Regional Sports Authority District Grant application to the Iowa Economic Development Authority in the amount of $50,000 to offset the cost of certain sporting events.

8. ACTIONS RELATING TO STREET CLOSURES

A. BBQ AND BLUES - Resolution temporarily closing Larsen Park Road from the Lewis and Clark Interpretative Center to the Anderson Dance Pavilion beginning at 12:00 p.m. and ending at 8:00 p.m. September 5, 2019 for the Norm Waitt Sr. YMCA BBQ and Blues event.

B. PARKING DAY - Resolution temporarily closing the western southbound lane of Pierce Street from 3rd Street to 6th Street, excluding the Pierce Street intersections at 4th Street and 5th Street, beginning at 8:00 a.m. and ending at 5:00 p.m. September 20, 2019 for the Downtown Partners Park(ing) Day event.

C. CAR SHOW - Resolution temporarily closing 4th Street from Virginia Street to Iowa Street and Court Street from the east/west alley between 5th Street, 4th Street, Iowa Street, and Virginia Street to Design Place beginning at 10:00 a.m. and ending at 5:00 p.m. August 10, 2019 for the Historic 4th Street Classic Car Show and Cruise fundraiser.

D. UP IN SMOKE - Resolution temporarily closing 4th Street from Iowa Street to Floyd Boulevard, the south one-half of the north/south alley between 4th Street, 5th Street, Iowa Street, and Floyd Boulevard, and the north one-half of the north/south alley between 3rd Street, 4th Street, Iowa Street and Floyd Boulevard September 14, 2019 beginning at 6:00 a.m. and ending at 11:59 p.m. for the Up in Smoke Barbecue Competi- tion.

E. ART AFFAIR - Resolution temporarily closing 4th Street from Nebraska Street to Jack- son Street August 10, 2019 beginning at 6:00 a.m. and ending at 6:00 p.m. for Down- town Partners’ Art Affair.

F. SHRINER’S PARADE - Resolution temporarily closing 3rd Street from Iowa Street to Pierce Street and Pierce Street from 3rd Street to the northeast parking lot entrance of the Long Lines Family Recreation Center on August 22, 2019 beginning at 6:00 p.m. and ending at 9:00 p.m. and temporarily closing 3rd Street from Hoeven Drive to Iowa Street, Iowa Street from 5th Street to 3rd Street and 4th Street from Iowa Street to Floyd Boulevard on August 22, 2019 beginning at 5:00 p.m. and ending at 6:00 p.m. for the Abu Bekr Shriner’s Parade and staging.

9. ACTIONS ADOPTING CONSTRUCTION DOCUMENTS

A. RENEWABLE FUELS - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Renewable Fuels Project (Project No. 539-222) at the Sioux City Wastewater Treatment Plant in Sioux City, Iowa.

B. STORM SEWER - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the S. St. Aubin Alley Storm Sewer Im- provements Project. (Project No. 6997-549-101)

C. BLUFF RD - Resolution adopting construction documents for the proposed construction of the Bluff Road Bridge Project, Iowa Department of Transportation Project No. BROS-7057(697)—8J-97. (City Project No. 6874-719-355)

10. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. HOMELAND SECURITY - Resolution authorizing and approving a Memorandum of Understanding between the City of Sioux City, Iowa and the Iowa Department of Homeland Security and Emergency Management to reiterate the approval and support for the Urban Search and Rescue team.

B. DAKTRONICS - Resolution approving Change Order No. 1 to the contract with Daktron- ics Inc. of Brookings, South Dakota in an amount not to exceed $175,000 for labor and material to remove and install components on the east side of the Tyson Events Center Marquee and installation of Venus software in connection with the Tyson Events Center Video and Scoreboard System Project. (Project No. 7042-379-051)

C. KP CONSTRUCTION - Resolution awarding and approving a contract to KP Construc- tion, Inc. in the amount of $27,565.50 for the 5512 Christy Road Culvert Repair Project. (Project No. 7059-549-101)

D. JEO CONSULTING - Resolution approving Amendment No. 1 to the Consulting Ser- vices Agreement with JEO Consulting Group of South Sioux City, Nebraska for additional design services for trailhead parking stalls in an amount not to exceed $3,800 in connection with the Leeds Connector Trail Project.

11. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. KP CONSTRUCTION - Resolution accepting the work and authorizing final payment to KP Construction, Inc. for the Emergency Northern Valley Sanitary Sewer Interceptor Point Repair Project (Project No. 7055-539-103)

B. HCI - Resolution accepting the work and authorizing final payment to HCI Construction for the Tyson Events Center Wheelchair Ramp Replacement Project. (Project No. 6830B-379-010)

C. TORT CLAIMS

1. Resolution approving partial settlement of a tort claim and authorizing payment thereof. (Jacobsma)

2. Resolution approving partial settlement of tort claims and authorizing payment thereof. (Brouillette, Jensen and Vande Steeg)

3. Resolution approving payment of a tort settlement. (Cledyn and Jenry Galicia)

12. ACTIONS RELATING TO PROPERTY

A. DACE AVE - Resolution proposing to sell certain real property. (that part of the vacated north/south alley abutting 2607 and 2609 Dace Avenue) (Petitioner: Aurora Photography) (Purchase price: $2,255.33 plus costs)

B. 12TH ST - Resolution inviting proposals for the sale of land in the Combined Floyd River Urban Renewal Area, announcing the intent to accept the proposal of Siouxland Concrete Co., fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Two Portions of Vacated 12th Street Right-of-Way abutting 1715½ 11th Street and 1805 11th Street)

C. HWY 75 N - Resolution setting dates of a consultation and a public hearing on proposed Amendment No. 1 to the Amended and Restated Combined Floyd River Urban Renewal Plan for the Combined Floyd River Urban Renewal Area of the City of Sioux City, Iowa. (Property located at 3232 Highway 75 N)

D. AL HAYNES DR - Resolution setting dates of a consultation and a public hearing on proposed Amendment No. 2 to the Amended and Restated Donner Park Urban Re- newal Plan for the Donner Park Urban Renewal Area of the City of Sioux City, Iowa. (Property located at 2600 Al Haynes Drive)

E. STONE AVE - Resolution granting a permit to Aureon Network Services to own, operate and maintain underground cable commencing at 5213 Stone Avenue, crossing Stone Avenue, and ending at 1200 South Maple Street.

13. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

2. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry-out) a. Bob Roe’s Point After, Larsen Park Road (New 5 Day License for BBQ and Blues, September 3-7, 2019) b. Bob Roe’s Point After, 3609 Peters Avenue (New 5 Day License for Morning- side College Homecoming, September 18-22, 2019)

14. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Airport Board of Trustees – May 9 and June 13, 2019 B. Active Transportation Advisory Committee – June 19, 2019 C. Events Facilities and Tourism Advisory Board – June 7, 2019 D. Museum Board of Trustees – July 12, 2019 E. Parking and Skywalk System Board of Trustees – June 19, 2019 F. Seniors Advisory Committee – July 23, 2019

- End of Consent Agenda -

HEARINGS

15. Hearing and Resolution approving proposal to sell certain real property and authorizing a city deed. (3251 Dearborn Boulevard) (Petitioner: Douglas T. Waples and Susan L. Waples) (Purchase Price: Mutual Benefits)

16. Hearing and Resolution accepting the proposal of the United States of America, of Washington, D.C. for the purchase of certain land in the Donner Park Urban Renewal Area and authorizing sale of said property. (property located in the 6200 block of Harbor Drive (old Harbor Drive alignment))

17. Hearing and Resolution approving proposal to sell certain real property and authorizing a city deed. (that part of vacated Rustin Street abutting 1203 Rustin Street) (Petitioner: Ber- nard Bahmer) (Purchase price: $3,900 plus costs)

ORDINANCES

18. Ordinance amending Chapter 8.24 entitled “Offenses Relating to Property” of the Sioux City Municipal Code to amend the ranges of dollar values for criminal mischief and theft in the fifth degree.

19. Ordinance amending Chapter 8.68 entitled “Noise Control” of the Sioux City Municipal Code to amend the time period for permitted noise.

20. Ordinance amending Chapter 10.20 entitled “Parking and Parking Meters”; Chapter 10.24 entitled “Parking Violations-Enforcement”; and Chapter 10.94 entitled “Municipal Parking Ramps and Lots” to increase rate charges for daily, monthly and bulk parking in municipal parking ramps and increase overtime parking fines and other related parking fines. (Deferred from June 17, 2019 and July 15, 2019)

21. Ordinance amending Chapter 10.30 entitled “Miscellaneous City Rules of the Road” and Chapter 10.321 entitled “Motor Vehicles and Law of the Road” of the Sioux City Municipal Code to add, amend, and repeal certain sections to provide uniformity and to remove unused or redundant sections.

DISCUSSION

22. Resolution awarding a purchase order to Heiman Fire Equipment of Lyons, South Dakota in the amount of $944,053 for the purchase of one (1) Rosenbauer Aerial Fire Truck. (RFP No. 257)

23. Resolution awarding a Service Provider Agreement to American Coatings & Welding of Onawa, Iowa in the amount of $300 per hydrant for the 2019, 2020, and 2021 Fire Hydrant Painting Project. (Bid No. 255914)

24. CITIZEN CONCERNS

25. COUNCIL CONCERNS

26. 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.

Regular Session x Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 2 FROM: Karen Mackey, Human Rights Commission Director

Presentation by Campus Compact Intern, Tani Russell outlining her expe- SUBJECT: rience as a 2019 Summer Outreach Intern

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

RECOMMENDATION: Staff respectfully requests Council to hear a presentation by Campus Compact Intern, Tani Russell, regarding her experience as an outreach intern for the Human Rights Commission.

DISCUSSION: Morningside College Campus Compact Intern, Tani Russell will share with Council Members her outreach efforts, duties and knowledge gained during the course of her internship.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: N/A

ATTACHMENTS: N/A

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JULY 18, 2019

1. The Placard Hearing of the City Council was held at 7:00 p.m. The following Council Members were present on call of the roll: Capron, Groetken, Moore, Scott, and Wat- ters. Absent: None.

Staff members present included: Robert Padmore, City Manager; Justin Vondrak, Assis- tant City Attorney; Lisa McCardle, City Clerk; and Darrell Bullock, Code Enforcement Manager; Tiffany Bonnes, Inspection Services Secretary.

2. DEMOLITION HEARINGS

A. Hearings were held on Manager's report on demolition of and declaring the structure(s) located at the following addresses to be dangerous or dilapidated structures(s) as defined by the Sioux City Municipal Code and authorizing the City Manager to carry out such order to demolish said structure(s).

The properties have been placarded more than six months. The owners have failed to complete all required repairs. Staff presented recommendations on each property and the City Council approved the actions as follows.

Darrel Bullock, Code Enforcement Manager, provided information on each of the properties.

1. 104 South Helen Street Recommend Demolition 2019-0582

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

2. 1120 West 5th Street Recommend Demolition 2019-0583

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

3. 1220-22 West 14th Street Recommend Demolition 2019-0584

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

4. 1509 High View Terrace Recommend Demolition 2019-0585 (GarageDRAFT Only)

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

5. 1611 Carlin Avenue Recommend Demolition 2019-0586

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

6. 1623 West 20th Street Recommend Demolition 2019-0587

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

7. 1819 Myrtle Street Recommend Demolition 2019-0588

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

8. 1906 West 3rd Street Recommend Demolition 2019-0589 (Garage Only)

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

9. 1914 Iowa Street Recommend Demolition 2019-0590

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

10. 2008 Ingleside Avenue Recommend Demolition 2019-0591

Michael Greg, 519 9th St, owner, spoke on the property.

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

11. 2023 South Nicollet Street Recommend Demolition 2019-0592

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye. DRAFT 12. 209 Prescott Street Recommend Demolition 2019-0593

Leonard Miller, 1416 W 5th St, owner, spoke on the property.

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

13. 2131 Douglas Street Recommend Demolition 2019-0594

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

14. 2910 13th Street Recommend Demolition 2019-0595

Carol Goulette, 1117 N Helen St, spoke on the property.

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

15. 2300 West 5th Street Recommend Demolition 2019-0596

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

16. 2527 West 6th Street Recommend Demolition 2019-0597

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

17. 2808 1st Street Recommend Demolition

Shilee Mullin, Spencer Fane Law Firm, Omaha, Nebraska, representing Carrington Mortgage Services, spoke on the property.

Motion by Scott, seconded by Moore, to adopt the proposed resolution; motion and second withdrawn. Motion by Moore, seconded by Capron, to continue the hearing and defer action on the item to August 19, 2019; all voting aye.

18. 3023 Melrose Avenue Recommend Demolition 2019-0598

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

19. 409 Ross Street Recommend Demolition DRAFT Jacob Hess, Security National Bank, provided information on the property.

Motion by Scott, seconded by Capron, to continue the hearing and defer action on the item to August 19, 2019; all voting aye.

20. 413 West 16th Street Recommend Demolition 2019-0599

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

21. 4331 Van Buren Street Recommend Demolition 2019-0600

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

22. 4510 Arthur Street Recommend Demolition 2019-0601

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

23. 512-514 Market Street Recommend Demolition 2019-0602

Motion by Scott, seconded by Capron, to adopt the proposed resolution to demolish; all voting aye.

24. 829 18th Street Recommend Demolition 2019-0603

Motion by Scott, seconded by Moore, to adopt the proposed resolution to demolish; all voting aye.

3. ADJOURNMENT

There being no further business, the meeting was adjourned at 7:39 p.m., on motion by Scott, seconded by Moore; all voting aye.

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes andDRAFT Agendas\Council Minutes\2019\071819Placardm

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JULY 22, 2019

A Closed Session of the City Council was held at 3:30 p.m. The following Council Mem- bers were present on call of the roll: Capron, Groetken, Moore, Scott, and Watters. Ab- sent: None.

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

Motion by Scott, seconded by Moore, that Council enter closed session to discuss strategy in matters relating to employment conditions of employees of the City not covered by a collective bargaining agreement; all voting aye.

Motion by Scott, seconded by Moore, that Council return to open session at 3:52 p.m.; all voting aye.

ADJOURNMENT

There being no further business, the meeting was adjourned at 3:53 p.m., on motion by Scott, seconded by Moore; all voting aye.

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\072219csm DRAFT CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JULY 22, 2019

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

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

Mayor Scott read a commendation for Myerra Parker in honor of her achievements and commitment to the sport of track & field and to her community; Myerra Parker accepting.

2. The Council interviewed the following applicants for positions on the Planning and Zoning Commission/Board of Adjustment: Eric Coleman; and Rhonda Robson.

CONSENT AGENDA

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 10C are approved unanimously unless specifically noted after the item.

3. Reading of the City Council minutes of July 12, 15, and 16, 2019.

Reading of the minutes of July 12, 15, and 16, 2019, was waived and as part of the consent agenda the minutes were approved as presented.

4. Motion acknowledging Board of Adjustment actions of July 9, 2019. 2019-0604

5. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. TOTAL CONST - Resolution awarding a Service Provider Agreement to Total Construction Services of Omaha, Nebraska in the amount of $68,591 for the roof replacement project at the Long Lines Family Recreation Center Climbing Wall (RFB No. 257010) 2019-0605

Stan LaFave, Facilities Maintenance Supervisor, provided information on the item.

B. HYDRO-KLEAN - Resolution approving Change Order No. 2 to the contract with Hydro-Klean, LLC of Des Moines, Iowa in the amount of $40,454 for additional material removal and extended rental periods for a belt filter press in connection with the Digester Cleaning and Inspection Project (Project No. 6943- 539-117) inDRAFT Sioux City, Iowa. 2019-0606

C. IDOT - Resolution approving Addendum No. 2008-P-191N to Agreement No. 2008-P-191 with the Iowa Department of Transportation for an additional contract extension for the design efforts for city utility construction in connection with Segment 2 of the I-29 Reconstruction Project. 2019-0607

D. ENGINEERING - Resolution awarding and approving a contract to Sioux City Engineering in the amount of $810,000 for the Emergency Floyd Boulevard Sanitary Sewer Interceptor Project. (Project No.7055B-539-103) 2019-0608

E. BNSF RAILWAY - Resolution approving a License for Bicycle Path/Pedestrian Walkway between the City of Sioux City and BNSF Railway Company for construction, maintenance and use of property as a trail path across or along the rail corridor connecting the existing Lewis and Clark trails along the Missouri River and authorizing payment in the amount of $10,892. 2019-0609

F. DGR - Resolution approving Amendment No. 1 to the Consulting Services Agreement with DGR Engineering for Design and Construction Services in connection with the Morningside Avenue Reconstruction (South Nicollet Street to South Lakeport Street) Project in an amount not to exceed $142,755. (IDOT Project Number STP-U-7057(698)—70-97, Project No. 6877-719-139) 2019-0610

Gordon Phair, City Engineer, provided information on the item.

G. RS&H - Resolution approving Work Order No. 40 with RS&H Iowa, P.C. in an amount not to exceed $77,325 for the design and bidding services in connection with the Airfield Improvements – North Hangar Drainage Basin and Drain- age Improvements Project at the Sioux Gateway Airport / Brigadier General Bud Day Field. 2019-0611

6. ACTIONS RELATING TO PROPERTY

A. FIBERCOMM - Resolution granting a permit to FiberComm to own, operate and maintain underground cable commencing at the northwest corner of the intersection of 3rd Street and Jennings Street and ending at 916 4th Street. 2019-0612

B. NEW HARBOR DR - Resolution approving and accepting a Quit Claim Deed from the United States of America, of Washington, D.C. to the City in consideration of mutual benefits and dedicating said property as part of Southbridge Drive. (property located in the 6200 block of Harbor Drive (new Harbor Drive alignment)) 2019-0613

C. OLD HARBOR DR - Resolution inviting proposals for the sale of land in the Donner Park Urban Renewal Area, announcing the intent to accept the proposal of the United States of America, of Washington, D.C., fixing the date for receipt of proposals,DRAFT and for public hearing and providing for notice thereof. (property located in the 6200 block of Harbor Drive (old Harbor Drive alignment)) 2019-0614

D. RUSTIN ST - Resolution proposing to sell certain real property. (that part of vacated Rustin Street abutting 1203 Rustin Street) (Petitioner: Bernard Bahmer) (Purchase price: $3,900 plus costs) 2019-0615

7. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

A. CHRISTENSEN - Motion appointing Lawrence Christensen to the Airport Board of Trustees for a three-year term expiring June 30, 2022, replacing Vincent Kramper. 2019-0616

B. KRUSE - Motion appointing Joseph Kruse to the Airport Board of Trustees for a three-year term expiring June 30, 2022, replacing Darrell Jesse. 2019-0617

C. MACFARLANE - Motion reappointing Amy Macfarlane to the Historic Preserva- tion Commission for a three-year term expiring June 30, 2022. 2019-0618

8. PURCHASING

A. BRIGHT - Resolution amending Purchase Order 329727 with Bright Technolo- gies of Hopkins, Michigan to increase the purchase order for additional rental fees in the amount of $48,000 for a belt filter press for the Wastewater Treat- ment Plant. 2019-0619

B. SALT & GRAIN - Resolution awarding a Purchase Order to Nebraska Salt & Grain Company of Gothenburg, Nebraska in the amount of $67.73 per ton for the purchase of rock salt until July 1, 2020. (RFQ No. 257878) 2019-0620

Ed Pickens, Field Services Manager, provided information on the item.

C. THOMAS - Resolution awarding a purchase order to Thomas Bus Sales, Inc. of Des Moines, Iowa, in an amount not to exceed $72,487 for the purchase of one 176” wheelbase light-duty, ADA compliant gasoline bus for the Sioux City Transit System. 2019-0621

9. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. M’s Uncorked/M’s On 4th, 1019-1021 4th Street (Renewal) b. Plaza Bowl, 3091 Hamilton Boulevard (Renewal) c. Whiskey Dick’s, 212 Cunningham Drive (Renewal)

B. OFF PREMISEDRAFT SALES

1. CLASS C BEER PERMIT (beer/wine coolers) a. Fleet Farm, 5858 Sunnybrook Drive (Renewal)

10. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Sioux City Sports Commission - July 10, 2019 B. Transit System Advisory Board - June 19, 2019 C. Woodbury County Information and Communication Commission - June 12, 2019

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

11. Hearing and Ordinance rezoning 2321 41st Street from Zone Classification AG (Ag- ricultural, 20 acres per unit minimum) and NC.1 (Neighborhood Conservation, 1 acre per unit minimum) to Zone Classification SR (Suburban Residential, 6,000 square feet per unit minimum). (Petitioner: Lieber Land Holdings, LLC) The Plan- ning and Zoning Commission recommends approval of this item. (File No. 2019- 0037) (Deferred from July 8, 2019) (Motion requested to delete this item)

Jeff Hanson, Community Development Operations Manager, provided information on the item.

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

12. Motion approving the preliminary plat of Lieber Heights, an Addition to Sioux City, Woodbury County, Iowa. (Petitioner: Lieber Land Holdings, LLC) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0039) (De- ferred from July 8, 2019) (Motion requested to delete this item)

Jeff Hanson, Community Development Operations Manager, provided information on the item.

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

13. Hearing and Ordinance rezoning 4700 41st Street from Zone Classification BP (Business Park) to Zone Classification GC (General Commercial). (Petitioner: Icky Nickel Bar and Grill) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0054) 2019-0622

Jason Geary, Planning and Zoning Commission, provided information on the item. Mi- chael Verzani, Icky Nickel Bar and Grill owner, spoke on the item. DRAFT Motion by Scott, seconded by Moore, to close the hearing and pass first consideration of the ordinance; all voting aye.

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

HEARINGS

14. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for the proposed construction of the Milwaukee Railroad Shops Historic District Roundhouse Enhancement Project, Iowa Department of Transportation Pro- ject STP-ES-7057(693)-81—97, (City Project 6939-663-168). 2019-0623

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

15. Hearing and Resolution approving proposal to sell certain real property and authorizing a City Deed (that part of vacated 20th Street lying between the east line of Ne- braska Street and the west line of Jackson Street and the vacated north/south alley adjacent to 2002 Nebraska Street) (Petitioner: The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa) (purchase price: $1.00 plus costs) 2019-0624

Dr. Paul Gausman, Sioux City Public Schools Superintendent, spoke on the item.

No protests were received. The hearing was closed and the proposed resolution adopted on motion by Groetken, seconded by Capron; Capron, Groetken, and Watters voting aye; Scott voting nay; Moore abstaining due to a conflict of interest.

DISCUSSION

16. Resolution approving a contract with RTG Building Services, Inc. doing business as LP Building Services Group of Omaha, Nebraska, for custodial and maintenance services for the Sioux City Skywalk System. 2019-0625

Dave Carney, Public Works Director; and Stan LaFave, Facilities Maintenance Supervi- sor; provided information on the item.

Motion by Scott, seconded by Moore, to adopt the proposed resolution; Capron, Groetken, Moore, and Watters voting aye; Scott voting nay.

PRESENTATION

17. Presentation regarding an update on the 2020 Census and the development of a 2020 Census ActionDRAFT Plan.

Erin Berzina, City Planner; David Vega, Planning Intern; and Mike Collett, Assistant City Manager; provided information on the item.

18. CITIZEN CONCERNS

Dewain Fravel, 1304 River Dr, spoke about potholes on River Drive. Scott directed Car- ney to obtain contact information and fix the potholes.

Michael O’Conner, 217 19th St, provided information on the Native American protest of the Old Brass Rail, 601 Pearl St, that took place on July 1st. O’Conner shared concerns about alcohol sales to intoxicated individuals. Padmore will consult with Chief Rex Mueller regarding the concerns and the role of the Police Department in the matter.

19. COUNCIL CONCERNS

Groetken asked that weeds in the 2000-2600 block of Floyd Boulevard be addressed. Padmore directed Inspection Services to visit the site. Groetken provided information on the Hope Street Project and thanked Matt Ohman, Siouxland Human Investment Part- nership Executive Director, for his hard work. Groetken congratulated Matt Salvatore, Parks and Recreation Director, on his commitment to Cone Park and its growth.

Watters shared information about the upcoming Tyson Internship Program presenta- tions on Friday, July 26th at 11:00 a.m. in the Weikert Auditorium at Morningside Col- lege, 1501 Morningside Ave.

20. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:30 p.m., on motion by Scott, seconded by Moore; all voting aye.

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\072219m DRAFT x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 4 FROM: Museum Board of Trustees

SUBJECT: Motion accepting the annual evaluation of the Museum Director

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

RECOMMENDATION: The Museum Board of Trustees respectfully requests Council approve the motion accepting the recommendation of the Sioux City Public Museum Board of Trustees relative to the annual evaluation of the executive director.

DISCUSSION: The Museum Board of Trustees has completed and approved the annual evaluation of Steve Hansen and recommends that Steve Hansen continues as Museum Director for 2019-2020.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Promote Sioux City: Create a destination for visitors and instill pride in residents.

ALTERNATIVES: None

ATTACHMENTS: Hard copies of the evaluation will be provided under separate cover submitted to the City Manager’s Office.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 5 FROM: Matt Salvatore, Parks and Recreation Director

Resolution authorizing a contribution of $50,000.00 to the Siouxland Youth Athletics (SYA) to support the construction of a new baseball field and the SUBJECT: conversion of three softball fields to artificial turf at the Riverside Recrea- tional Sports Complex. (1301 Riverside Boulevard)

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

RECOMMENDATION: Staff respectfully requests the City Council approve a resolution authorizing a contribution request of $50,000.00 to the Siouxland Youth Athletics (SYA) for the construction of a new baseball field and the conversion of three softball fields to artificial turf at the Riverside Recre- ational Sports Complex.

DISCUSSION: A five-year lease agreement between the City of Sioux City and the Siouxland Youth Athletics (SYA) was approved by City Council on December 17, 2018. Per the terms of the agreement, SYA must obtain written approval from the Parks and Recreation Director or his/her designee before any repair or improvement work is performed on the property. Due to the degree of work being proposed and the funding request associated with the project, City staff is requesting City Council approval.

The Siouxland Youth Athletics (SYA) organization is requesting approval to construct a baseball field, with artificial turf, on an existing open green space within the softball complex and to convert three existing softball fields to artificial turf. The project will consist of the following: 1. Clearing of the proposed area to include the removal of dying trees. Healthy trees will be removed and replanted to another location within Riverside Park. 2. Installation of new drainage system. 3. Dugouts will be constructed on both the home and visitor sides on the new field. 4. A press box will be constructed and connected to the existing clubhouse. Below the press box will be room for umpires to change and break between games. 5. Long Lines Broadband will install fiber for high speed internet service. This will support the installation of CCTV security camera throughout the complex to reduce theft and vandalism. 6. Installation of new playground equipment within the athletic complex for public use will be included with the project. 7. Removal of the grass infields and outfields of the existing three softball fields around the clubhouse and replacing them with FieldTurf©.

By switching to turf, SYA will be able to experience some significant costs savings in field maintenance, fuel, equipment wear and tear, and labor. The installation of artificial turf will allow for softball games to be played earlier in the season when grass fields are typically wet or still frozen.

SYA has secured donors and funding to support this park project with an estimated cost of $2.2 Million. SYA is seeking a contribution of $50,000.00 from the City of Sioux City with distribution of $25,000.00 in 2020 and $25,000.00 in 2021 to support this park improvement project.

The project is scheduled to start August 6, 2019 (pending City Council approval) with an anticipated completion date of May 2020.

FINANCIAL IMPACT: The City agrees to contribute $25,000 to the FY2021 and $25,000 to the FY2022 Capital Im- provements Budget. If approved, funding for this project will be allocated to CIP 459-005 “An- nual Athletic Maintenance”.

RELATIONSHIP TO STRATEGIC PLAN: Explore Destination Sioux City Grow Sioux City Pride

ALTERNATIVES: Deny this request and direct SYA to seek an alternative funding source.

ATTACHMENTS: Resolution SYA Funding Request Baseball Field Site Plan

RESOLUTION NO. 2019 - ______

RESOLUTION AUTHORIZING A CONTRIBUTION OF $50,000.00 TO THE SIOUXLAND YOUTH ATHLETICS (SYA) TO SUPPORT THE CONSTRUCTION OF A NEW BASEBALL FIELD AND THE CONVERSION OF THREE SOFTBALL FIELDS TO ARTIFICIAL TURF AT THE RIVERSIDE RECREATIONAL SPORTS COMPLEX. (1301 RIVERSIDE BOULEVARD)

WHEREAS, the Siouxland Youth Athletics (SYA) wishes to construct a baseball field on an existing open green space and to convert three existing softball fields to artificial turf within the Riverside Recreational Sports Complex; and

WHEREAS, the Siouxland Youth Athletics (SYA) is seeking a contribution of $50,000.00 from the City of Sioux City to be distributed in installments of $25,000.00 in 2020 and $25,000.00 in 2021 to support the park improvement project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the City of Sioux City hereby contributes funding to the Siouxland Youth Athletics in the amount of $50,000.00 to be distributed in installments of $25,000.00 in 2020 and $25,000.00 in 2021 to support the construction of a new baseball field and the conversion of three softball fields to artificial turf at the Riverside Recreational Sports Complex.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 6 Janelle Bertrand, Human Resources Director FROM: Al Harris-Fernandez, Art Center Director

Resolution amending the Position Classification Manual adopted by Reso- lution No. S-31050 by approving and adopting an updated job description SUBJECT: for an AFSCME appointed employee position (Custodian, Class Code IV- 6035).

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

RECOMMENDATION: Staff respectfully requests the City Council approve an updated job description for the position of Custodian, Class Code IV-6035.

DISCUSSION: In reviewing the duties and responsibilities for the position of Custodian, Class Code IV-6035, it was determined that the minimum physical requirements are not consistent with current job requirements and are restrictive to the candidates. Current physical requirements in place require for the candidate to “lift and/or move up to 100 pounds”.

The new minimum requirements will be consistent with the Maintenance Worker Class Code IV- 6106 and Utility Worker Class Code IV-6220 positions. The new requirements will require the candidate to “lift and/or move up to 25 pounds, frequently lift and/or move up to 50 pounds.”

Attached is the proposed job description.

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: Progressive Leadership Vision We will use formal and informal methods to engage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision.

ALTERNATIVES: Defer approval of the updated job description.

ATTACHMENTS: Resolution Job description

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION AMENDING THE POSITION CLASSIFICATION MANUAL ADOPTED BY RESOLUTION NO. S-31050 BY APPROVING AND ADOPTING AN UPDATED JOB DESCRIPTION FOR AN AFSCME APPOINTED EMPLOYEE POSITION (CUSTODIAN, CLASS CODE IV-6035).

WHEREAS, the Position Classification Manual for AFSCME-appointed employees was adopted by Resolution No. S-31050 on August 23, 1976; and

WHEREAS, the City Council of the City of Sioux City, Iowa, does believe that it is in the best interest of all concerned to amend said Position Classification Manual by approving and adopting an updated job description for the following position:

Custodian, Class Code IV-6035; and

WHEREAS, the general statement of duties, distinguishing features of the class, examples of work, required knowledge, skills and abilities, and acceptable experience and training are set forth in the job description of the above described position, attached hereto, and by this reference made a part hereof.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Position Classification Manual adopted by Resolution No. S-31050 be and the same is hereby amended by approving and adopting an updated job description for the position of Custodian, Class Code IV-6035, referred to in the preamble hereof, for AFSCME-appointed employees.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

City of Sioux City, Iowa

Position: Custodian

Class Code Pay Range (Non) Bargaining Group IV-6035 A 8 AFSCME

FLSA Category Reports to Position Department/Division Non-Exempt Varies Varies

Date Revised Date Adopted Approved Resolution No January 2001 February 12, 2001 2001-0110/February 12, 2001

PURPOSE OF POSITION:

Under supervision to perform semi-skilled work required in the routine maintenance of various buildings, offices and facilities and adjoining grounds, walkways and sidewalks.

ESSENTIAL DUTIES OF POSITION (with or without accommodation): The following duties are normal for this position. These are not to be construed as exclusive or all inclusive. Other duties may be assigned.

• Clean offices, buildings, conference rooms, hallways, stairways, elevators and related areas. • Mop, sweep, strip, wax, buff and vacuum floors; clean carpeting. • Wash and clean walls, windows, stairs and handrails. • Pick up paper, trash and other debris around buildings and grounds. • Insure building security, open and lock facilities. • Operate small snow blower and shovel snow. • Polish and dust furniture, wood railings, etc. • Drive vehicle to deliver and pick up various parcels and correspondence, and occasionally operate light equipment. • Clean and sanitize restroom facilities, sinks, toilets and floors. • Make minor repairs to buildings and equipment, change light bulbs, adjust thermo- stats, etc. • Raise and lower flags. • Establishes and maintains effective working relationships with officials, other agen- cies, fellow employees, and the general public. • Maintains regular and punctual attendance and working hours. • Regularly lifts and/or up to 25 pounds and occasionally lifts up to 50 pounds. • Expected to temporarily perform duties outside of normal classification in the event of a declared emergency. In the event that an employee is excused from work other than being sick, they will be required to report to work in a state of declared emergency.

MINIMUM PHYSICAL AND MENTAL ABILITES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS:

Cognitive Demands, Skills and Abilities: Good working knowledge of the practices and procedures, supplies and equipment used in cleaning offices, buildings and related areas in an efficient and economical manner. Skill in cleaning, waxing and buffing activities which result in a professional condition and appearance of facilities. Ability to work alone and without close supervision.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide effective and courteous assistance to customers (external and internal). Requires the ability to speak effectively with fellow employees and customers; read in English and directions on cleaning supplies and chemicals; apply common sense understanding to the work process, procedures, programs and services; and to follow verbal and written instructions.

Physical Requirements: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to walk and sit. The employee frequently is required to stand; use hands and fingers to handle or feel; reach with hands and arms; stoop, kneel, crouch, or crawl; and talk or hear. The employee is occasionally required to climb or balance and smell. The employee must regularly lift and/or move up to 25 pounds, frequently lift and/or move up to 50 pounds. Specific vision abilities required by this job include distance vision, color vision, peripheral vision, and depth perception.

Work Environment: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is occasionally exposed to wet and/or humid conditions, moving mechanical parts, fumes or airborne particles, toxic or caustic chemicals, outside weather conditions, and risk of electrical shock. The noise level in the work environment is usually moderate.

Special Requirements: None.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Prefer some prior work experience in building cleaning and maintenance or any combination of experience and training which provides the required knowledge, skills and abilities.

PRE-EMPLOYMENT SCREENINGS:

Pre-employment screenings may include but are not limited to: criminal background search and drug and alcohol screen.

The City of Sioux City is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages employees and prospective employees to discuss needed accommodations with the appropriate City representatives.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 7A FROM: Angel Wallace, Parks and Recreation Manager

Resolution authorizing the Parks and Recreation Department to accept a SUBJECT: Gilchrist Foundation 2019 Project Grant in the amount of $100,000.00 to support the Chris Larsen Park – Redevelopment Project.

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

RECOMMENDATION: Staff respectfully requests City Council approve a resolution authorizing the Parks and Recre- ation Department to accept a Gilchrist Foundation 2019 Project Grant in the amount of $100,000.00 to support the Chris Larsen Park – Redevelopment Project.

DISCUSSION: The City of Sioux City Park and Recreation Department applied for a Gilchrist Foundation 2019 Project Grant pursuant to Resolution 2019-0513 and has been awarded grant funding in the amount of $100,000.00.

The awarded funding will be utilized to support the redevelopment of the former Sioux City riverboat casino site and converting the location into public recreational park spaces. The project will include the development of both active and passive green spaces.

FINANCIAL IMPACT: The grant funding will support the Chris Larsen Park –Redevelopment Project with an estimated cost of $16.4 million. The grant funding will be applied to CIP #459-136 “Riverfront Recreational Upgrades.”

ALTERNATIVES: N/A

ATTACHMENTS: Resolution Grant Award Letter

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING THE PARKS AND RECREATION DEPART- MENT TO ACCEPT A GILCHRIST FOUNDATION 2019 PROJECT GRANT IN THE AMOUNT OF $100,000.00 TO SUPPORT THE CHRIS LARSEN PARK - REDEVELOPMENT PROJECT.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Parks and Recreation Department is hereby authorized to accept a Gilchrist Foundation 2019 Project Grant in the amount of $100,000.00, a copy of which is attached hereto and by this reference made a part hereof, to support the Chris Larsen Park – Redevelopment Project.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 7B-D FROM: Jill M. Wanderscheid, Neighborhood Services Manager

Resolution approving and accepting the grant agreement authorized by the Department of Housing and Urban Development under the funding approval for Community Development Block Grant Agreement No. B-19-MC-19-0006 and directing the City Manager to execute said grant agreement for submission to the Department of Housing and Urban Development.

Resolution approving and accepting the grant agreement authorized by the Department of Housing and Urban Development under the funding approval SUBJECT: for the Home Investment Partnerships Agreement No. M19-DC190207 and directing the City Manager to execute said grant agreement for submission to the Department of Housing and Urban Development.

Resolution approving and accepting the grant agreement authorized by the Department of Housing and Urban Development under the funding approval for Emergency Solutions Grant Program Agreement No. E-19-MC-19-0006 and directing the City Manager to execute said grant agreement for submission to the Department of Housing and Urban Development.

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 the grant agreements for the Com- munity Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorize their execution.

DISCUSSION: On May 6, 2019, pursuant to Resolution No. 2019-0361, the City Council approved the Annual Action Plan which proposed a budget and identified the City’s spending priorities over the next fiscal year. HUD has approved the City’s plan and now requests that the City execute a grant agreement for each of the programs before they will make the funds available for the City’s programs. Over the next year the City will receive a total of $2,230,160 in HUD entitlement funds comprised of CDBG, HOME, and ESG programs.

FINANCIAL IMPACT: The three grants covered by these agreements will provide the City $1,660,750 in CDBG funding, $428,541 in HOME funds, and $140,869 in ESG funds.

RELATIONSHIP TO STRATEGIC PLAN: Expand Development Opportunities and Grow Sioux City # 7. Conduct an aggressive neighborhood rehabilitation program within three existing Sioux City neighborhoods and begin the planning of three new neighborhood areas. Identify public infrastructure projects in the Rose Hill and Jones Street Urban Renewal Areas.

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolutions (3) Grant Agreements (3)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING AND ACCEPTING THE GRANT AGREEMENT AUTHORIZED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE FUNDING APPROVAL FOR COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT NO. B-19-MC-19-0006 AND DIRECTING THE CITY MANAGER TO EXECUTE SAID GRANT AGREEMENT FOR SUBMISSION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

WHEREAS, under Title I of the Housing and Community Development Act of 1974, (P.L. 93-393), as amended, the Department of Housing and Urban Development of the United States of America (herein called the “Government”) has tendered to the City of Sioux City, Iowa (herein called the “Grantee”) a Grant Agreement hereinafter mentioned, to provide financial assistance under the Funding Approval for Community Development Block Grant application Grant No. B-19-MC-19- 0006 for Community Development Program activities; and

WHEREAS, the Grantee has given due consideration to said Grant Agreement and is duly authorized under and pursuant to the Constitution and laws of the State of Iowa to undertake and carry out said Community Development Block Grant Program and execute said Grant Agreement.

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

Section 1: The attached Grant Agreement between the Government and the Grantee, designated as an attachment to the Funding Approval under Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), as amended, under the terms and conditions of which the government would provide financial assistance to the Grantee for carrying out Community Development Block Grant Program activities, is hereby in all respects accepted, and the City Manager is hereby authorized and directed to execute said Grant Agreement in three counterparts on behalf of the Grantee, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Sioux City, Iowa, on each counterpart.

Section 2: The Grantee agrees to abide by all the provisions, terms, and conditions of said Grant Agreement.

Section 3: The City Manager of the City of Sioux City, Iowa, is hereby authorized and directed to send to the Department Of Housing and Urban Development a copy of this resolution and such further documents in connection with the acceptance of said Grant Agreement as may be requested by the Government.

Section 4: This resolution shall take effect immediately upon passage and approval by Grantee.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING AND ACCEPTING THE GRANT AGREEMENT AUTHORIZED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE FUNDING APPROVAL FOR THE HOME INVESTMENT PARTNERSHIPS AGREEMENT NO. M19-DC190207 AND DIRECTING THE CITY MANAGER TO EXECUTE SAID GRANT AGREEMENT FOR SUBMISSION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

WHEREAS, under Title II of the Cranston-Gonzalez National Affordable Housing Act (P.L. 1001- 625), as amended, and the Housing and Community Development Act of 1992 (P.L.102-550), as amended, the Department of Housing and Urban Development of the United States of America (herein called the “Government”) has tendered to the City of Sioux City, Iowa (herein called the “Grantee”) a Grant Agreement hereinafter mentioned, to provide financial assistance under the Funding Approval for HOME Investment Partnerships Agreement Application Grant No. M19- DC190207 for HOME program activities; and

WHEREAS, the Grantee has given due consideration to said Grant Agreement and is duly authorized under and pursuant to the Constitution and laws of the State of Iowa to undertake and carry out said HOME Investment Partnership Program and execute said Grant Agreement.

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

Section 1: The attached Grant Agreement between the Government and the Grantee, designated as an attachment to the Funding Approval under Title II of the Cranston-Gonzalez National Affordable Housing Act (P.L. 1001-625), as amended, and the Housing and Community Development Act of 1992 (P.L.102-550), as amended, under the terms and conditions of which the government would provide financial assistance to the Grantee for carrying out the HOME Investment Partnerships Program activities, is hereby in all respects accepted, and the City Manager is hereby authorized and directed to execute said Grant Agreement in three counterparts on behalf of the Grantee, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Sioux City, Iowa, on each counterpart.

Section 2: The Grantee agrees to abide by all the provisions, terms, and conditions of said Grant Agreement.

Section 3: The City Manager of the City of Sioux City, Iowa, is hereby authorized and directed to send to the Department of Housing and Urban Development a copy of this resolution and such further documents in connection with the acceptance of said Grant Agreement as may be requested by the Government.

Section 4: This resolution shall take effect immediately upon passage and approval by Grantee.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING AND ACCEPTING THE GRANT AGREEMENT AUTHORIZED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE FUNDING APPROVAL FOR EMERGENCY SOLUTIONS GRANT PROGRAM AGREEMENT NO. E-19-MC-19-0006 AND DIRECTING THE CITY MANAGER TO EXECUTE SAID GRANT AGREEMENT FOR SUBMISSION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

WHEREAS, under Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq), as amended, the Department of Housing and Urban Development of the United States of America (herein called the “Government”) has tendered to the City of Sioux City, Iowa (herein called the “Grantee”) a Grant Agreement hereinafter mentioned, to provide financial assistance under the Funding Approval for Emergency Solutions Grant Program Application Grant No. E-19-MC-19-0006 Emergency Solutions activities; and

WHEREAS, the Grantee has given due consideration to said Grant Agreement and is duly authorized under and pursuant to the Constitution and laws of the State of Iowa to undertake and carry out said Emergency Solutions Grant program and execute said Grant Agreement.

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

Section 1: The attached Grant Agreement between the Government and the Grantee, designated as an attachment to the Funding Approval under Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq), as amended, under the terms and conditions of which the government would provide financial assistance to the Grantee for carrying out Emergency Solutions Grant Program activities, is hereby in all respects accepted, and the City Manager is hereby authorized and directed to execute said Grant Agreement in three counterparts on behalf of the Grantee, and the City Clerk is hereby authorized and directed to impress the official seal of the City of Sioux City, Iowa, on each counterpart.

Section 2: The Grantee agrees to abide by all the provisions, terms, and conditions of said Grant Agreement.

Section 4: This resolution shall take effect immediately upon passage and approval by Grantee.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 7E Jessica Johnson, City Manager’s Office FROM: Spero Vlahoulis, City Purchasing

Resolution authorizing the submission of a Regional Sports Authority Dis- SUBJECT: trict Grant application to the Iowa Economic Development Authority in the amount of $50,000 to offset the cost of certain sporting events.

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

RECOMMENDATION: Staff respectfully requests Council to approve the submission of a grant request to the Iowa Economic Development Authority for $50,000 as part of the Regional Sports Authority District Program. The money will be used by the Sioux City Sports Commission to offset expenses of local sports-related events that drive tourism and economic impact in Sioux City.

DISCUSSION: The Sioux City Sports Commission received the RSAD Grant for FY2019, and was selected as one of ten (10) Regional Sports Authority Districts by the Iowa Economic Development Au- thority. Staff would like to apply for the grant for FY2020 to continue the positive flow of sports-related content into Sioux City. Regional Sports Authority District Program awards will be used to help the following events in Sioux City: NAIA Division II Women’s Basketball Na- tional Championship, NAIA Volleyball National Championship, Midwest Dart Championship, Siouxland Youth Hockey Girls Tournament, Miracle League All Star Celebration and RMN Youth Wrestling Tournament.

FINANCIAL IMPACT: The selection as a Regional Sports Authority District allows for a grant of $50,000 to offset the cost of certain sporting events, with a local match of $25,000. The amount of $25,000 of committed expenses are used to match the $50,0000.

RELATIONSHIP TO STRATEGIC PLAN: Focus Areas: Grow Sioux City, Promote Sioux City

ALTERNATIVES: N/A

ATTACHMENTS: Resolution The application form cannot be downloaded and attached as it is an online submitted form. Please go to the following website for additional detail. https://www.traveliowa.com/industry- partners/grants/regional-sports-authority/

RESOLUTION NO. 2019 - ______

RESOLUTION AUTHORIZING THE SUBMISSION OF A REGIONAL SPORTS AUTHORITY DISTRICT GRANT APPLICATION TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY IN THE AMOUNT OF $50,000 TO OFFSET THE COST OF CERTAIN SPORTING EVENTS

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that staff is hereby authorized and directed to submit a Regional Sports Authority District Grant Application in the amount of $50,000 to the Iowa Economic Development Authority for the purposes of offsetting the cost of certain sporting events.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 8A FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing Larsen Park Road from the Lewis and Clark Interpretative Center to the Anderson Dance Pavilion beginning at 12:00 SUBJECT: p.m. and ending at 8:00 p.m. September 5, 2019 for the Norm Waitt Sr. YMCA BBQ and Blues event.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the resolution requesting a temporary street closure for the Norm Waitt Sr. YMCA BBQ and Blues.

DISCUSSION: The Norm Waitt Sr. YMCA requests the temporary closure of Larsen Park Road from the Lew- is and Clark Interpretative Center to the Anderson Dance Pavilion beginning at 12:00 p.m. and ending at 8:00 p.m. September 5, 2019. The actual event time is 5:30 p.m. – 8:00 p.m.

The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close the requested right-of-way for the period specified.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Explore Destination Sioux City Focus Area – Grow Sioux City Pride

ALTERNATIVES: Deny the request for the street closure and direct the event coordinator to seek an alternate location.

ATTACHMENTS: Resolutions Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING LARSEN PARK ROAD FROM THE LEWIS AND CLARK INTERPRETATIVE CENTER TO THE ANDERSON DANCE PAVILION BEGINNING AT 12:00 P.M. AND ENDING AT 8:00 P.M. SEPTEMBER 5, 2019 FOR THE NORM WAITT SR. YMCA BBQ AND BLUES EVENT.

WHEREAS, the Norm Waitt Sr. YMCA desires to host the BBQ and Blues event; and

WHEREAS, the outdoor event involves the temporary street closure of Larsen Park Road from the Lewis and Clark Interpretative Center to the Anderson Dance Pavilion beginning at 12:00 p.m. and ending at 8:00 p.m. September 5, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Larsen Park Road from the Lewis and Clark Interpretative Center to the Anderson Dance Pavilion, be and the same is hereby temporarily closed beginning at 12:00 p.m. and ending at 8:00 p.m. September 5, 2019 for the Norm Waitt Sr. YMCA BBQ and Blues event.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 8B FROM: Angel Wallace, Parks and Recreation Manager Resolution temporarily closing the western southbound lane of Pierce Street from 3rd Street to 6th Street, excluding the Pierce Street intersec- SUBJECT: tions at 4th Street and 5th Street, beginning at 8:00 a.m. and ending at 5:00 p.m. September 20, 2019 for the Downtown Partners Park(ing) Day event.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the resolution requesting a temporary street closure for the Downtown Partners Park(ing) Day event.

DISCUSSION: Downtown Partners is requesting the temporary street closure of the western southbound lane of Pierce Street from 3rd Street to 6th Street, excluding the Pierce Street intersections at 4th Street and 5th Street, beginning at 8:00 a.m. and ending at 5:00 p.m. September 20, 2019 for the Downtown Partners Park(ing) Day event to accommodate the event, setup, and cleanup. The actual event will begin at 10:00 a.m. and end at 2:00 p.m.

Downtown Partners is hosting Sioux City’s annual Park(ing) Day event. Over the years, the experimental event has brought the community together to bring awareness to alternative uses of our downtown urban real estate. This is done by demonstrating that concrete/asphalt parking spaces can be reduced, with little to no impact, and be reutilized to support active life- styles, cultural expression, and environmental activism. Park(ing) Day remains free of commercial interests and focuses on meaningful interactions among citizens.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES: Deny the request for the temporary street closure and direct the event coordinator to seek an alternative location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING THE WESTERN SOUTHBOUND LANE OF PIERCE STREET FROM 3RD STREET TO 6TH STREET, EXCLUD- ING THE PIERCE STREET INTERSECTIONS AT 4TH STREET AND 5TH STREET, BEGINNING AT 8:00 A.M. AND ENDING AT 5:00 P.M. SEPTEMBER 20, 2019 FOR THE DOWNTOWN PARTNERS PARK(ING) DAY EVENT.

WHEREAS, Downtown Partners desires to host the Park(ing) Day event; and

WHEREAS, the event involves the temporary street closure of the western southbound lane of Pierce Street from 3rd Street to 6th Street, excluding the Pierce Street intersections at 4th Street and 5th Street beginning at 8:00 a.m. and ending at 5:00 p.m.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the western southbound lane of Pierce Street from 3rd Street to 6th Street, excluding the Pierce Street intersections at 4th Street and 5th Street, be and the same is hereby temporarily closed beginning at 8:00 a.m. and ending at 5:00 p.m. September 20, 2019 to accommodate the Downtown Partners Park(ing) Day event.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

southbound

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 8C FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing 4th Street from Virginia Street to Iowa Street and Court Street from the east/west alley between 5th Street, 4th Street, Io- SUBJECT: wa Street, and Virginia Street to Design Place beginning at 10:00 a.m. and ending at 5:00 p.m. August 10, 2019 for the Historic 4th Street Classic Car Show and Cruise fundraiser.

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

RECOMMENDATION: Staff respectfully requests and recommends City Council approve the resolution requesting temporary street closures for the Historic 4th Street Classic Car Show and Cruise fundraiser.

DISCUSSION: Brandon Steffe with Brandon Steffe Insurance Agency is requesting to temporarily close 4th Street from Virginia Street to Iowa Street and Court Street from the east/west alley between 5th Street, 4th Street, Iowa Street, and Virginia Street to Design Place beginning at 10:00 a.m. and ending at 5:00 p.m. August 10, 2019 for the Historic 4th Street Classic Car Show and Cruise fundraiser. The event will be held from 11:00 a.m.- 4:00 p.m.

The event will highlight Historic 4th Street and Sioux City businesses and will include a classic car show and live music. Proceeds from the event will be donated to several local charities. The Special Event packet has been completed and routed to the required City departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close the rights-of-way for the period specified.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES: Deny the request for the temporary street closures and direct the event coordinator to seek an alternate location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING 4TH STREET FROM VIRGINIA STREET TO IOWA STREET AND COURT STREET FROM THE EAST/WEST ALLEY BETWEEN 5TH STREET, 4TH STREET, IOWA STREET, AND VIRGIN- IA STREET TO DESIGN PLACE BEGINNING AT 10:00 A.M. AND ENDING AT 5:00 P.M. AUGUST 10, 2019 FOR THE HISTORIC 4TH STREET CLASSIC CAR SHOW AND CRUISE FUNDRAISER.

WHEREAS, Brandon Steffe with Brandon Steffe Insurance Agency desires to host the Historic 4th Street Classic Car Show and Cruise fundraiser; and

WHEREAS, the event involves the closure of 4th Street from Virginia Street to Iowa Street, and Court Street from the east/west alley between 5th Street, 4th Street, Iowa Street, and Virginia Street to Design Place beginning at 10:00 a.m. and ending at 5:00 p.m. August 10, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that 4th Street from Virginia Street to Iowa Street, and Court Street from the east/west alley between 5th Street, 4th Street, Iowa Street, and Virginia Street to Design Place be and the same are hereby temporarily closed beginning at 10:00 a.m. and ending at 5:00 p.m. August 10, 2019 for the Historic 4th Street Classic Car Show and Cruise fundraiser.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 8D FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing 4th Street from Iowa Street to Floyd Boule- vard, the south one-half of the north/south alley between 4th Street, 5th Street, Iowa Street, and Floyd Boulevard, and the north one-half of the SUBJECT: north/south alley between 3rd Street, 4th Street, Iowa Street and Floyd Boulevard September 14, 2019 beginning at 6:00 a.m. and ending at 11:59 p.m. for the Up in Smoke Barbecue Competition.

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

RECOMMENDATION: Staff respectfully requests City Council approve the resolution for a temporary street closures for Downtown Partners’ Up in Smoke Barbecue Competition.

DISCUSSION: Downtown Partners is requesting to temporarily close 4th Street from Iowa Street to Floyd Boulevard, the south one-half of the north/south alley between 4th Street, 5th Street, Iowa Street, and Floyd Boulevard, and the north one-half of the north/south alley between 3rd Street, 4th Street, Iowa Street and Floyd Boulevard on September 14, 2019 beginning at 6:00 a.m. and ending at 11:59 p.m. for the Up in Smoke Barbecue Competition. The actual event will be held from 4:00 p.m. – 11:00 p.m.

The Up in Smoke Barbecue Competition will be held to showcase local grillers and smokers by competing in a cook-off and tasting event. The family friendly event will include food, beer tent, and entertainment. This is the first time this event has been held.

The Special Event packet has been completed and routed to the required City departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close the rights-of-way for the period specified.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES: Deny the request for the street closure and direct the event coordinator to seek an alternative location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING 4TH STREET FROM IOWA STREET TO FLOYD BOULEVARD, THE SOUTH ONE-HALF OF THE NORTH/SOUTH ALLEY BETWEEN 4TH STREET, 5TH STREET, IOWA STREET, AND FLOYD BOULEVARD, AND THE NORTH ONE-HALF OF THE NORTH/SOUTH ALLEY BETWEEN 3RD STREET, 4TH STREET, IOWA STREET AND FLOYD BOULE- VARD SEPTEMBER 14, 2019 BEGINNING AT 6:00 A.M. AND ENDING AT 11:59 P.M. FOR THE UP IN SMOKE BARBECUE COMPETITION.

WHEREAS, Downtown Partners desires to host the Up in Smoke Barbecue Competition outdoor event; and

WHEREAS, the event involves the temporary closure of 4th Street from Iowa Street to Floyd Boulevard, the south one-half of the north/south alley between 4th Street, 5th Street, Iowa Street, and Floyd Boulevard, and the north one-half of the north/south alley between 3rd Street, 4th Street, Iowa Street and Floyd Boulevard September 14, 2019 beginning at 6:00 a.m. and ending at 11:59 p.m.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that 4th Street from Iowa Street to Floyd Boulevard, the south one-half of the north/south alley between 4th Street, 5th Street, Iowa Street, and Floyd Boulevard, and the north one-half of the north/south alley between 3rd Street, 4th Street, Iowa Street and Floyd Boulevard Street be and the same are hereby temporarily closed September 14, 2019 beginning at 6:00 a.m. and ending at 11:59 p.m. for the Up in Smoke Barbecue Competition.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 8E FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing 4th Street from Nebraska Street to Jackson SUBJECT: Street August 10, 2019 beginning at 6:00 a.m. and ending at 6:00 p.m. for Downtown Partners’ Art Affair.

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

RECOMMENDATION: Staff respectfully requests City Council approve the resolution for a temporary street closure for Downtown Partners’ Art Affair.

DISCUSSION: Downtown Partners is requesting to temporarily close 4th Street from Nebraska Street to Jackson Street August 10, 2019 beginning at 6:00 a.m. and ending at 6:00 p.m. for Downtown Partners’ Art Affair. The event will be held from 9:00 a.m. – 3:00 p.m.

Downtown Partners is launching its series of Block Parties in Downtown Sioux City to promote local businesses. The 2nd Annual Affair will kick things off on 4th Street in front of the Sioux City Public Museum and the Ho-Chunk Centre. Local artists will line the street to display and sell their artwork in a festival-like atmosphere. This event is FREE to attend. Attendees will be able to browse and purchase local art, have lunch with food vendors and listen to strolling musicians. There will also be face painters and art contests.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES: Deny the request for the street closure and direct the event coordinator to seek an alternative location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING 4TH STREET FROM NEBRASKA STREET TO JACKSON STREET AUGUST 10, 2019 BEGINNING AT 6:00 A.M. AND ENDING AT 6:00 P.M. FOR DOWNTOWN PARTNERS’ ART AFFAIR.

WHEREAS, Downtown Partners desires to host the Art Affair outdoor event; and

WHEREAS, the event involves the temporary closure of 4th Street from Nebraska Street to Jackson Street August 10, 2019 beginning at 6:00 a.m. and ending at 6:00 p.m.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that 4th Street from Nebraska Street to Jackson Street be and the same is hereby temporarily closed August 10, 2019 beginning at 6:00 a.m. and ending at 6:00 p.m. for Downtown Partners’ Art Affair.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 8F FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing 3rd Street from Iowa Street to Pierce Street and Pierce Street from 3rd Street to the northeast parking lot entrance of the Long Lines Family Recreation Center on August 22, 2019 beginning at 6:00 p.m. and ending at 9:00 p.m. and temporarily closing 3rd Street from SUBJECT: Hoeven Drive to Iowa Street, Iowa Street from 5th Street to 3rd Street and 4th Street from Iowa Street to Floyd Boulevard on August 22, 2019 beginning at 5:00 p.m. and ending at 6:00 p.m. for the Abu Bekr Shriner’s Parade and staging.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the resolution requesting temporary street closures for the Abu Bekr Shriner’s Parade and staging.

DISCUSSION: The Abu Bekr Shrine Temple requests the temporary street closures of 3rd Street from Iowa Street to Pierce Street and Pierce Street from 3rd Street to the northeast parking lot entrance of the Long Lines Family Recreation Center beginning at 6:00 p.m. and ending at 9:00 p.m. August 22, 2019 and temporarily closing 3rd Street from Hoeven Drive to Iowa Street, Iowa Street from 5th Street to 3rd Street and 4th Street from Iowa Street to Floyd Boulevard on Au- gust 22, 2019 beginning at 5:00 p.m. and ending at 6:00 p.m. for the Abu Bekr Shriner’s Pa- rade and staging.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Explore Destination Sioux City Focus Area – Grow Sioux City Pride

ALTERNATIVES: Deny the request for the temporary street closures and direct the event coordinator to seek an alternate location.

ATTACHMENTS: Resolution Event Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING 3RD STREET FROM IOWA STREET TO PIERCE STREET AND PIERCE STREET FROM 3RD STREET TO THE NORTHEAST PARKING LOT ENTRANCE OF THE LONG LINES FAMILY RECREATION CENTER ON AUGUST 22, 2019 BEGINNING AT 6:00 P.M. AND ENDING AT 9:00 P.M. AND TEMPORARILY CLOSING 3RD STREET FROM HOEVEN DRIVE TO IOWA STREET, IOWA STREET FROM 5TH STREET TO 3RD STREET AND 4TH STREET FROM IOWA STREET TO FLOYD BOULE- VARD ON AUGUST 22, 2019 BEGINNING AT 5:00 P.M. AND ENDING AT 6:00 P.M. FOR THE ABU BEKR SHRINER’S PARADE AND STAGING.

WHEREAS, Abu Bekr Shrine Temple desires to conduct the Abu Bekr Shriner’s Parade; and

WHEREAS, the Abu Bekr Shriner’s Parade involves the temporary street closures of 3rd Street from Iowa Street to Pierce Street and Pierce Street from 3rd Street to the northeast parking lot entrance of the Long Lines Family Recreation Center beginning at 6:00 p.m. and ending at 9:00 p.m. August 22, 2019 and the temporary street closures of 3rd Street from Hoeven Drive to Io- wa Street, Iowa Street from 5th Street to 3rd Street, and 4th Street from Iowa Street to Floyd Boulevard on August 22, 2019 beginning at 5:00 p.m. and ending at 6:00 p.m.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that 3rd Street from Iowa Street to Pierce Street and Pierce Street from 3rd Street to the northeast parking lot entrance of the Long Lines Family Recreation Center be and the same are hereby temporarily closed August 22, 2019 beginning at 6:00 p.m. and ending at 10:00 p.m. for Abu Bekr Shriner’s Parade.

BE IT FURTHER RESOLVED that 3rd Street from Hoeven Drive to Iowa Street, Iowa Street from 5th Street to 3rd Street, and 4th Street from Iowa Street to Floyd Boulevard be and the same are hereby temporarily closed August 22, 2019 beginning at 5:00 p.m. and ending at 6:00 p.m. for the Abu Bekr Shriner’s Parade staging.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 9A Mark Simms, Utilities Director FROM: Joe Fontenot, Wastewater Superintendent

Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Renewable Fuels Project (Project SUBJECT: No. 539-222) at the Sioux City Wastewater Treatment Plant in Sioux City, Iowa.

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 construction of the Renewable Fuels Project at the Sioux City Wastewater Treat- ment Plant (Project No. 539-222).

DISCUSSION: Bartlett & West of West Des Moines, Iowa have prepared plans and specifications for the construction of the WWTP Renewable Fuels Project. This project includes the construction of the renewable fuels upgrading facility including concrete foundations and metal building construction, site preparation, site piping, equipment interconnecting piping, installation of Owner provided equipment (hydrogen sulfide removal equipment, siloxane and VOC removal equipment, compression equipment, carbon dioxide separation membrane equipment, finished gas monitoring equipment, motor control center, tailgas equipment, sodium hydroxide storage and feed system, and all other ancillary equipment), mechanical plumbing, mechanical HVAC, SCADA and controls, electrical, and all associated appurtenances together with related subsidiary and incidental work.

Staff is ready to publish the Notice of Public Hearing on August 10, 2019 and August 17, 2019 and advertise the Notice to Bidders on August 7, 2019. A public hearing will be held on August 26, 2019. Bids will be received on September 5, 2019.

The City of Sioux City is furnishing the following equipment for installation under this contract: Hydrogen sulfide removal equipment, siloxane and VOC removal equipment, compression equipment, carbon dioxide separation membrane equipment, finished gas monitoring equipment, motor control center, tailgas equipment, sodium hydroxide storage and feed system, and all other ancillary equipment.

FINANCIAL IMPACT: This project is funded using State Revolving Funds under CIP No. 539-222 “Renewable Fuels”. The Engineer’s opinion of probable construction cost for the work is $5,015,000.00.

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. 2019 - ______with attachments

RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PROPOSED CONSTRUCTION OF THE RENEWABLE FUELS PROJECT (PROJECT NO. 539-222) AT THE SIOUX CITY WASTEWATER TREATMENT PLANT IN SIOUX CITY, IOWA.

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the Renewable Fuels Project, in Sioux City, Iowa; and

WHEREAS, Bartlett & West of West Des Moines, Iowa have 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 Bartlett & West and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the Renewable Fuels Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 o'clock P.M., Local Time, August 26, 2019 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 $5,015,000.00 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 o'clock P.M., Local Time, September 5, 2019 for the proposed construction of said improvements.

C. The time of 1:00 o'clock P.M., Local Time, September 5, 2019, 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: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE RENEWABLE FUELS PROJECT (PROJECT NO. 539-222), 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, September 5, 2019, for the construction of the project, as described in the construction documents. The project is located at the Sioux City WWTP and includes: Construction of renewable fuels upgrading facility including concrete foundations and metal building construction, site preparation, site piping, equipment interconnecting piping, installation of Owner provided equipment (hydrogen sulfide removal equipment, siloxane and VOC removal equipment, compression equipment, carbon dioxide separation membrane equipment, finished gas monitoring equipment, motor control center, tailgas equipment, sodium hydroxide storage and feed system, and all other ancillary equipment), mechanical plumbing, mechanical HVAC, SCADA and controls, Electrical, and all associated appurtenances together with related subsidiary and incidental work.

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 September 5, 2019. 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 Wednesday, August 21, 2019 at 1:00 P.M. at the Sioux City WWTP, 3100 South Lewis Boulevard, Sioux City, IA 51106. 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.

Bidders on this work will be required to comply with Presidents Executive Order No. 11246 (Equal Employment Opportunity), as amended. The requirements for bidders and contractors under this order are explained in the contract documents.

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 August 10, 2019 and August 17, 2019.

The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by May 15, 2020.

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. An electronic version of the documents are available for download at the Engineer’s website, www.bartwest.com by clicking on the “Bidding Documents” link at the lower left hand corner of the home page. Construction documents for private use, or potential prime contractors may be obtained from the Purchasing Department, City Hall, upon deposit of twenty dollars ($20) 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. Contractors intending to bid as the prime contractor must obtain a hard copy of the plans, specifications and form of contract from the Purchasing Department. Failure to obtain a hard copy may result in the bid being deemed nonresponsive and rejected.

/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 August 7, 2019.

NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COSTS FOR THE CONSTRUCTION OF THE RENEWABLE FUELS PROJECT (PROJECT NO. 539-222), 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 August 26, 2019 commencing at 4:00 P.M., Local Time, on the proposed plans, specifications, form of contract, and estimate of cost in the amount of $5,015,000.00 (the construction documents) for the construction of the Renewable Fuels Project in Sioux City, Iowa (the project). 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 the Sioux City WWTP and includes: concrete foundations and metal building construction, site preparation, site piping, equipment interconnecting piping, installation of Owner provided equipment (hydrogen sulfide removal equipment, siloxane and VOC removal equipment, compression equipment, carbon dioxide separation membrane equipment, finished gas monitoring equipment, motor control center, tailgas equipment, sodium hydroxide storage and feed system, and all other ancillary equipment), mechanical plumbing, mechanical HVAC, SCADA and controls, Electrical, and all associated appurtenances together with related subsidiary and incidental work.

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

Publish in the Sioux City Journal August 10, 2019 and August 17, 2019.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 9B Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution adopting plans, specifications, form of contract, and estimated SUBJECT: cost for the proposed construction of the S. St. Aubin Alley Storm Sewer Improvements Project (Project No. 6997-549-101).

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

RECOMMENDATION: Staff respectfully requests Council adopt plans, specifications, form of contract, and estimated cost for the proposed construction of the S. St. Aubin Alley Storm Sewer Improvements Project (Project No. 6997-549-101).

DISCUSSION: City Engineering has completed plans and specifications for the S. St. Aubin Alley Storm Sew- er Improvements Project. The project is located in the alley between S. St. Aubin Street and S. Royce Street, Peters Avenue and Davis Avenue and includes the construction of new storm sewer intakes and new paving for improved drainage in the alley.

Staff is ready to publish the Notice of Public Hearing on August 10, 2019 and August 17, 2019, and advertise the Notice to Bidders on August 7, 2019. A public hearing will be held on August 19, 2019. Bids will be received on August 20, 2019. This work shall be fully completed within 20 working days which is anticipated to be October of 2019.

FINANCIAL IMPACT: This project is funded using Sewer Funds under CIP 549-101 Annual Storm Sewer Unspeci- fied. The Engineer’s opinion of probable construction cost for the work is $37,600.00. The project currently has an available balance of $687,286.00.

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. 2019 - ______with attachments

RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PROPOSED CONSTRUCTION OF THE S. ST. AUBIN ALLEY STORM SEWER IMPROVEMENTS PROJECT (PROJECT NO. 6997-549-101).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the S. St. Aubin Alley Storm Sewer Improvements Project, in Sioux City, Iowa; and

WHEREAS, the City Engineering Division 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 the City Engineering Division and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the S. St. Aubin Alley Storm Sewer Improvements Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 P.M., Local Time, August 19, 2019, 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 $37,600.00 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, August 20, 2019 for the proposed construction of said improvements.

C. The time of 1:00 P.M., Local Time, August 20, 2019, 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.

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: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE S. ST. AUBIN ALLEY STORM SEWER IMPROVEMENTS PROJECT (PROJECT NO. 6997- 549-101), 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 August 20, 2019. Thereafter, bids will be acted upon by the City Council at such time and place as may be fixed.

The Notice of Public Hearing will be published in the Sioux City Journal on August 10, 2019 and August 17, 2019.

The work on this project shall be fully completed within 20 working days which is anticipated to be October of 2019.

Specifications for this project shall be 2019 the version of the Iowa Statewide Urban Standard Specifications for Public Improvements modified in accordance with the 2017 version of the City of Sioux City Supplement.

Contractors intending to bid as the prime contractor must obtain a hard copy of the plans, specifications and form of contract from the Purchasing Division. Failure to obtain a hard copy may result in the bid being deemed nonresponsive and rejected.

/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 on August 7, 2019.

NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COSTS FOR THE CONSTRUCTION OF THE S. ST. AUBIN STREET ALLEY STORM SEWER IMPROVEMENTS PROJECT (PROJECT NO. 6997-549-101), 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 August 19, 2019 commencing at 4:00 P.M., Local Time, on the proposed plans, specifications, form of contract, and estimate of cost in the amount of $37,600.00, (the construction documents) for the construction of the S. St. Aubin Street Alley Storm Sewer Improvements 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 in the alley between S. Saint Aubin Street and S. Royce Street, Peters Avenue and Davis Avenue and includes the construction of new storm sewer intakes and new paving for improved drainage in the alley.

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

Publish in the Sioux City Journal August 10, 2019 and August 17, 2019.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 9C Gordon Phair, City Engineer FROM: Nate Wing, Civil Engineer

Resolution adopting construction documents for the proposed construction of the Bluff Road Bridge Project, Iowa Department of SUBJECT: Transportation Project No. BROS-7057(697)—8J-97 (City Project No. 6874- 719-355).

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

RECOMMENDATION: Staff respectfully requests Council adopt construction documents for the Bluff Road Bridge Project, Iowa Department of Transportation Project No. BROS-7057(697)—8J-97 (City Project No. 6874-719-355).

DISCUSSION: HGM Associates Inc. has completed construction documents for the Bluff Road Bridge Project. This project includes the removal of the existing bridge, street paving along a new alignment extending Stockyards Place, sidewalks, ADA compliant sidewalk ramps, storm sewer, sanitary sewer, street lighting, and a recreational trail.

Staff is ready to advertise the Notice of Public Hearing and Notice to Bidders on August 10, 2019 and August 17, 2019. A public hearing will be held on August 19, 2019. Bids will be received on August 20, 2019 through the Iowa Department of Transportation. The project contract will have 60 working days and a late start date of June 27, 2020.

FINANCIAL IMPACT: This project is funded using Federal-aid funds which are an 80/20 match for federal participation up to $1,000,000. The 20 percent City match will be funded through a transfer in sales tax infrastructure dollars and general obligation bonds. This project is currently programmed in CIP No. 719-355, Bluff Road Bridge over Floyd Channel, which has an available balance of $169,176.00.

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

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ADOPTING CONSTRUCTION DOCUMENTS FOR THE PROPOSED CONSTRUCTION OF THE BLUFF ROAD BRIDGE PROJECT, IOWA DEPARTMENT OF TRANSPORTATION PROJECT NO. BROS- 7057(697)—8J-97 (CITY PROJECT NO. 6874-719-355).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the Bluff Road Bridge Project, in Sioux City, Iowa; and

WHEREAS, HGM Associates, Inc., of Council Bluffs, Iowa has prepared the construction documents.

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

A. The construction documents, as prepared by HGM Associates, Inc., and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the Bluff Road Bridge Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 P.M., Local Time, August 19, 2019, 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 construction documents for said improvements.

B. The bids will be received by the Iowa Department of Transportation at the Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010, until 10:00 A.M., Local Time, August 20, 2019 for the proposed construction of said improvements. The Iowa DOT uses the Bid Express website – www.bidx.com – as an official depository for electronic bid submittal.

C. The time of 10:30 A.M., Local Time, August 20, 2019, at the Iowa Department of Transportation Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010, 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 hearing and opening of bids to be given by publication in at least one newspaper of general circulation in the manner prescribed by law.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF PUBLIC HEARING ON CONSTRUCTION DOCUMENTS FOR THE CONSTRUCTION OF THE BLUFF ROAD BRIDGE PROJECT, IN SIOUX CITY, IOWA, AND TAKING BIDS THEREON

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 August 19, 2019, commencing at 4:00 P.M., Local Time, on the proposed construction documents for construction of the Bluff Road Bridge Project in Sioux City, Iowa (the project). At said hearing, the City Council will receive and consider any objections made by any interested party to said construction documents.

The Iowa Department of Transportation will take bids on behalf of the City of Sioux City, Iowa, through the following process:

STATE OF IOWA - Sealed bids will be received by the Iowa Department of Transportation (DOT), Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010 on August 20, 2019 at 10:00 A.M. CDT for various items of construction and maintenance work.

Plans, specifications and proposal forms for the work may be seen at the Office of Contracts until noon on the day previous to the letting.

Proposal guaranties are to be sent to the Office of Contracts at the address above. Iowa DOT personnel will be available to accept proposal guaranties during regular business hours of 8:00 a.m. to 4:30 p.m.

The Iowa DOT uses the Bid Express website – www.bidx.com - as the official depository for bid submittal. The Iowa DOT will ensure this depository is available for a two-hour period prior to the deadline for submission of bids. If there is an interruption of communications or loss of service by Bid Express during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to allow potential bidders to submit bids. Instructions will be communicated to potential bidders.

Opening and reading of the bids will be performed at the Office of Contracts after 10:30 A.M. on the day bids are to be received, unless otherwise specified by the Iowa DOT.

All proposals must be filed on the forms furnished by the Office of Contracts, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa DOT reserves the right to waive technicalities and reject any or all bids.

A proposal guarantee, not less than the amount as set forth in the proposal form, shall be filed with each proposal. The proposal guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the contracting authority or bidder; and, where made payable to the bidder, shall contain an unqualified endorsement to the contracting authority signed by the bidder or the bidder’s authorized agent. A properly completed Proposal Guaranty/Bid Bond (form 131084) or a properly completed Contractor’s Annual Bid Bond (form 650043) may be used in lieu of the monetary options specified above. Both forms are available from the Office of Contracts.

Per Iowa Code section 423.3 (80), the contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies and equipment used in the performance of the construction contract.

Failure to execute a contract and file an acceptable performance bond and certificate of insurance within 30 days of the approval date for awarding the contract will be just and sufficient cause for the denial of the award and forfeiture of the proposal guarantee.

The Iowa DOT (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

On federal-aid projects, where disadvantaged business enterprise (DBE) goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without DBE goals, the contractor must show that affirmative action has been made to seek out and consider DBEs as potential subcontractors.

Some projects may be listed in multiple proposals (as an individual project or part of a combined package of projects). The contracting authority will determine which combination of proposals produce the lowest bid for these projects.

A listing of projects open for bids and details for each project will be available to potential bidders and suppliers three weeks prior to the letting date at www.bidx.com/ia/main or www.iowadot.gov/contracts/index.htm or by calling the Office of Contracts at 515-239-1414.

Minimum wage rates for all federal-aid projects have been predetermined by the U.S. Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the federal-aid highway system. All federal-aid projects are subject to the Contract Work Hours Standards Act, as amended (title I of Pub. L. 87-581, Aug. 13, 1962, 75 Stat.357) and imple- menting regulations.

By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within Iowa, and also, a resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved.

/c/ LISA L. McCARDLE City Clerk of the City of Sioux City, Iowa

Publish in the Sioux City Journal August 10, 2019 and August 17, 2019.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 10A FROM: Tom Everett, Fire Chief

Resolution authorizing and approving a Memorandum of Understanding between the City of Sioux City, Iowa and the Iowa Department of Homeland SUBJECT: Security and Emergency Management to reiterate the approval and support for the Urban Search and Rescue team

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

RECOMMENDATION: Staff respectfully requests the City Council approve a Memorandum of Understanding between the City and the Iowa Department of Homeland Security and Emergency Management to reiterate the approval and support for the Urban Search and Rescue team

DISCUSSION: On October 6, 2003, the City Council approved and entered into a 28E Agreement with the State of Iowa to be a sponsoring organization along with the City of Cedar Rapids to provide resources to the Iowa Urban Search and Rescue Task Force One (IA-TF1).

Under the 28E Agreement the Sponsoring Organizations agreed to develop Urban Search and Rescue teams that can be deployed outside their local jurisdictions for urban search and rescue missions when formally requested by the Iowa Homeland Security and Emergency Management Division.

Approving this updated Memorandum of Understanding allows Sioux City Fire Rescue to continue the process of developing and sustaining the Sioux City Division of IA-TF1 by providing specialized equipment and training for team members.

FINANCIAL IMPACT: Financing is provided by Federal Homeland Security Grants passed through the Iowa Home- land Security and Emergency Management Department.

RELATIONSHIP TO STRATEGIC PLAN: Relates to Core Operation

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

ALTERNATIVES: Not participate in the program, but Staff does not recommend that.

ATTACHMENTS: Resolution Memorandum of Understanding

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SIOUX CITY, IOWA AND THE IOWA DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT TO REITERATE THE APPROVAL AND SUPPORT FOR THE URBAN SEARCH AND RESCUE TEAM

WHEREAS, the State of Iowa, through its Emergency Management Division, created the State sponsored Urban Search and Rescue teams; and

WHEREAS, on October 6, 2003, pursuant to Resolution No. 2003-0889, the City of Sioux City, Iowa, agreed to participate as a sponsoring organization of the Iowa Urban Search and Rescue; and

WHEREAS, the Parties desire to reiterate their approval and support for the specialty team and its deployment as a resource to supplement and enhance disrupted or overburdened local emergency and disaster operations during times of an emergency or disaster and to provide assistance to other states pursuant to the Interstate Emergency Management Assistance Com- pact, as described in Iowa Code §§ 29C.8 (f), 29C.21; and

WHEREAS, there is attached hereto and by this reference made a part hereof, a Memorandum of Understanding which delineates responsibilities and procedures for urban search and rescue activities, which Memorandum of Understanding should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Memorandum of Understanding between the City of Sioux City, Iowa and the Io- wa Department of Homeland Security and Emergency Management, as referred to in the preamble hereof, be and the same is hereby approved as to form and content.

BE IT FURTHER RESOLVED, that the Mayor, be and he is hereby authorized and directed to execute said Memorandum of Understanding for and on behalf of the City.

BE IT FURTHER RESOLVED that all previous agreements and understandings by and between Sioux City, Iowa and the Iowa Department of Homeland Security and Emergency Management, including the 28E Agreement approved by the City Council on October 6, 2003, pursuant to Resolution No. 2003-0889, be and the same are hereby terminated.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Fire\Urban Search And Rescue Memorandum Of Agreement.Docx

Memorandum of Understanding between the City of Sioux City, Iowa, and the Iowa Department of Homeland Security and Emergency Management Urban Search and Rescue Team

This agreement is made and entered into on the date when last executed as shown below, by the Iowa Department of Homeland Security and Emergency Management, hereinafter referred to as the “State” or “HSEMD” and the City of Sioux City, Iowa, hereinafter referred to as the “City.”

I. Purpose of the Agreement.

A. The purpose of this agreement is to reiterate HSEMD approval and support for the specialty team and its deployment as a resource to supplement and enhance disrupted or overburdened local emergency and disaster operations during times of an emergency or disaster and to provide assistance to other states pursuant to the In- terstate Emergency Management Assistance Compact, as described in Iowa Code §§ 29C.8 (f), 29C.21.

B. The purpose of this agreement is to also delineate responsibilities and procedures for the approval, support, activation, deployment, and ongoing operations of the specialty team, a Homeland Security and Emergency Response Team, activated in times of local disasters under the authority of Iowa Code § 29C.8 and 605 Iowa Ad- ministrative Code Chapter 12 to provide search and rescue capabilities in the state of Iowa.

C. The purpose of this agreement is to also describe the minimum standards for this specialty team, how this specialty team will be maintained and deployed, how the team roster of members will be created and approved by HSEMD, how the City and specialty team members will be compensated, indemnified and held harmless in cases of asserted liability, and compensated in cases of injury or death.

D. The further purpose of this agreement is to set out terms and conditions dealing with the activation, deployment, and operation of this specialty team.

II. Scope of this Agreement.

A. The provisions of this agreement apply only to the following specialty team activities:

1. Activities performed during an emergency response initiated by a Governor’s proclamation of disaster emergency and where the HSEMD director or his/her designee has activated the specialty team, OR

2. Other activities specifically approved by the HSEMD director or his/her designee.

B. The provisions of this agreement shall not apply to actions of the specialty team outside the scope of any HSEMD activation order, through self-deployment or mutual aid deployment. Nothing in this agreement shall prevent the specialty team from self- deploying its members or its assets. The specialty team shall assume all the costs of any self-deployment and the provisions of Part VI of this agreement dealing with the State’s obligation to indemnify and hold harmless and the coverage for disability, workers’ compensation and death benefits shall not apply.

III. Definitions.

A. Activation Order: A written HSEMD directive specifically authorizing the specialty team to act while receiving the benefits of this agreement and Iowa law in the following instances: 1) During the course of a disaster declared by the Iowa Governor pursuant to Iowa Code § 29C.6 (1), 2) Otherwise upon the direct authorization by the HSEMD Director, or his/her designee. The HSEMD activation order shall be in written form and shall designate the scope, location, expected duration or time frame, and other details deemed necessary to describe the nature of the activation.

B. Covered Benefits: The benefits authorized by law pursuant to Iowa Code § 29C.8 (f) (1), including disability, workers’ compensation, and death benefits consistent with the provisions of Iowa Code Chapters 85, 410, or 411, as appropriate, for team members while deployed pursuant to a HSEMD activation order.

C. Deployment: The activation and deployment of the specialty team for emergency response pursuant to a Governor’s disaster proclamation, or for any other purpose authorized by the HSEMD Director or his/her designee. The specialty team shall be considered deployed from the time of the specialty team’s initial activation until such time as HSEMD terminates the team’s deployment and it returns to its home base.

D. Director: The Director of the Iowa Department of Homeland Security and Emergen- cy Management.

E. Eligible Costs: Those specialty team costs incurred by the members or the members’ employers during deployment that are eligible for HSEMD reimbursement as allowed by law and as described in Part VII of this agreement.

F. Membership Roster: A listing of all specialty team members and such other identify- ing information that HSEMD shall require in order to compensate members of the specialty team or their employers for activities under this agreement.

G. Standard Operating Procedures: A set of guidelines or instructions that describe the organization and operation of the specialty team, its method of selecting members and leadership, and the method of requesting HSEMD reimbursement for services provided under this agreement. Should the terms of the standard operating procedures conflict with the terms of this agreement, the terms of this agreement shall control.

H. Specialty Team: A homeland security and emergency response team as defined by Iowa Code § 29C.8 (f) (1) and 605 Iowa Administrative Code Chapter 12 and approved and recognized by HSEMD. In respect to this agreement, the specialty team is the Urban Search and Rescue Team of the Sioux City Fire Department and com- posed of the members set out in its team roster. The purpose of the specialty team is to provide response assets and resources that support nationally recognized capabilities associated with Urban Search and Rescue Task Forces.

IV. The Parties’ Responsibilities.

A. In respect to this agreement, the State shall do the following:

1. Coordinate among the State of Iowa, the specialty team, local jurisdictions, and other relevant governmental and private parties.

2. Provide technical support for equipment and training used by the specialty team.

3. Receive and process reimbursement of eligible costs incurred in respect to a deployment.

4. In conjunction with the City, create and update standard operating procedures that shall be applicable to this agreement.

5. Maintain and share the standard operating procedures applicable to this agreement.

6. Review the roster of qualified members submitted by the team. Rosters will include each member’s name, the name of their parent agency and positions they are qualified to fill on the team.

B. In respect to this agreement, the City shall do the following:

1. Recruit, organize, maintain, and train the specialty team.

2. Develop standards for team membership and forward those standards to HSEMD for their approval and inclusion in the specialty team’s standard operating procedures.

3. Review the qualifications for specialty team membership, determine the size and composition of the specialty team, approve new specialty team members and approve the membership roster.

4. Be responsible for the operation of the specialty team while the team is deployed pursuant to a state activation order.

5. Routinely update all records to accurately reflect membership rosters, including training completed and qualifications obtained by individual members, and major assets at the specialty team’s disposal. The specialty team shall update records anytime personnel are added to or removed from the specialty team.

6. Respond in a timely manner to any formal activation request made by the State under the procedures set forth in the standard operating procedures and the terms of any activation order, subject to the provisions of Part VIII, paragraph A below.

7. Develop, practice, and implement an internal call-out system for specialty team members.

8. Perform all administrative, financial, and personnel management relating to de- ployments under this agreement by the specialty team alone or in conjunction with a specialty team fiscal agent. The specialty team or its fiscal agent shall maintain appropriate documentation pertaining to these functions and shall provide copies to the HSEMD upon request.

9. In conjunction with the State, create and update standard operating procedures that shall be applicable to this agreement.

V. Specialty Team Activation and Disengagement.

A. The State may issue an activation order to the specialty team for deployment of the specialty team and its assets during a Governor-declared disaster emergency, or other specialty team activities authorized by the HSEMD director or his/her designee. The mission’s specific terms shall be set forth within the activation order.

B. At such time as the State determines it is necessary to issue an activation order, the State shall contact the specialty team and the specialty team shall inform the State whether the requested team resources are available for deployment.

C. Upon the receipt of an activation order, the specialty team shall initiate call-out procedures.

D. The specialty team’s activation procedures shall be set forth within its standard operating procedures.

E. When the State and the specialty team jointly determine that the mission of the specialty team has been achieved or deployment of the team is no longer necessary or practicable, the specialty team members will be released from the disaster site, allowing resources to return to their respective jurisdictions.

VI. Legal Consequences of Specialty Team Activation and Deployment.

A. As provided by Iowa law, including Iowa Code Sec. 29C.8(3)(f)(1), specialty team members who are deployed under the terms of a written activation order shall be considered employees of the State for purposes of section 29C.21 and Iowa Code Chapter 669 and shall be afforded protection as an employee of the State under Io- wa Code Section 669.21 in respect to the State’s obligation to indemnify and hold its employees harmless under Iowa Code § 669.21 and 29C.21.

B. Specialty team members who are deployed under the terms of a written activation order shall be paid by the State for disability, workers’ compensation, and death benefits in a manner consistent with the provisions of Iowa Code Chapters 85, 410, or 411, as those provisions are applicable to the team members according to their regular employment outside their work with the specialty team.

VII. Reimbursement of Eligible Costs.

A. Following timely submission of required documentation adequately substantiating the nature of the mission completed, all claims submitted to HSEMD for payment pursuant to this agreement upon approval shall be forwarded to the Iowa Executive Coun- cil for purposes of payment under Iowa Code §§ 7D.29, 29C.8 (3) (f) (3).

B. Eligible costs qualifying for HSEMD reimbursement shall include:

1. Compensation to the City in accordance with the City’s standard operating procedures when deployed under the terms of a written activation order.

2. Reimbursement to the City for specialty team travel and per diem costs in accordance with State’s travel rules, regulations, and meal reimbursement policies, and consistent with Iowa Code Chapters 85, 410, and 411 and 605 Iowa Admin- istrative Code Section 12.5(2).

3. Reimbursement to the City on a replacement basis for materials, equipment, and supplies consumed in providing the requested assistance.

4. The City shall be reimbursed for the costs of back-filling the specialty team member’s position while the member is deployed pursuant to a valid activation order.

VIII. Miscellaneous Conditions, Amendments, & Termination.

A. Conditions: Nothing contained in this agreement shall be construed to compel the City or its specialty team to respond to any request for mobilization and deployment or activation order, or to remain deployed, when, in the opinion of the City, the specialty team or its individual team members are required to perform emergency services in his or her own jurisdiction.

B. Amendment: This agreement may be amended or modified only upon written agreement of the State and the City.

C. Termination: This agreement may be terminated without cause by either party upon thirty (30) days written notice. All replacement materials, equipment, and supplies for which the City has received reimbursement from the State pursuant to Part VII, paragraph B (3) of this agreement, and any other materials, equipment and supplies purchased pursuant to this agreement, shall be the property of the City upon termination of this agreement by either party as provided herein.

D. Duration: This agreement will continue in force until terminated by one or both of the parties.

E. Compliance with Applicable Laws: The specialty team agrees to comply with all applicable local, state, and federal laws and administrative rules when deployed under this agreement.

F. Limitation of Scope. No separate legal or administrative entity is created by this agreement

G. Termination of 2003 28E Agreement. Effective upon execution of this agreement by both parties, the Iowa Urban Search and Rescue Team 28 E Agreement filed on October 21, 2003, shall be terminated.

In witness whereof, the parties’ authorized representatives have signed their names effective the day and year set out below.

The City of Sioux City, Iowa Iowa Department of Homeland Security and Emergency Management

By:______By:______Robert E. Scott, Mayor V. Joyce Flinn, Director

Date: ______Date: ______

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 10B Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager Rick Powell, Director of Operations Spectra Management Venue

Resolution approving Change Order No. 1 to the contract with Daktronics Inc. of Brookings, South Dakota in an amount not to exceed $175,000.00 for labor and material to remove and install components on the east side of the Tyson SUBJECT: Events Center Marquee and installation of Venus software in connection with the Tyson Events Center Video and Scoreboard System Project. (Project No. 7042-379-051)

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

RECOMMENDATION: Staff respectfully requests Council approve Change Order No. 1 to the contract with Daktronics Inc. of Brookings, South Dakota in an amount not to exceed $175,000.00 for labor and material to remove and install components on the east side of the Tyson Events Center Marquee and installation of Venus software in connection with the Tyson Events Center Video and Scoreboard System Project.

DISCUSSION: A contract was awarded to Daktronics Inc. on May 6, 2019, pursuant to Resolution No. 2019- 0377, in the amount of $877,000.00 for the Tyson Events Center Video and Scoreboard Sys- tem Project. Staff is requesting Change Order No. 1 be approved in an amount not to exceed $175,000.00 for labor and material to remove and install components on the east side of the marquee and installation of Venus software to communicate with the flat screens located on the concourse of the Tyson Events Center.

Below is a summary of the project:

Original Contract Amount: $877,000.00

Change Order No. 1 Summary: $175,000.00 Labor and material to replace components and installation of Venus software.

New Contract Cost: $1,052,000.00 With Change Order No.1 the total cost of the project will be $1,052,000.00.

FINANCIAL IMPACT: Finance account 301-8799-433.22-36 EFAB, Project 379-025 Annual Tyson Enhancement.

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

ALTERNATIVES: Make no improvements, but staff does not recommend that.

ATTACHMENTS: Resolution Change Order No. 1 Change Order Proposal

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH DAKTRONICS INC. OF BROOKINGS, SOUTH DAKOTA IN AN AMOUNT NOT TO EXCEED $175,000.00 FOR LABOR AND MATERIAL TO REMOVE AND INSTALL COMPONENTS ON THE EAST SIDE OF THE TYSON EVENTS CENTER MARQUEE AND INSTALLATION OF VENUS SOFTWARE IN CONNECTION WITH THE TYSON EVENTS CENTER VIDEO AND SCOREBOARD SYSTEM PROJECT. (PROJECT NO. 7042-379-051)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Change Order No. 1, a copy of which is attached hereto and by this reference made a part hereof, to the contract with Daktronics Inc. of Brookings, South Dakota in an amount not to exceed $175,000.00 for labor and material to remove and install components on the east side of the Tyson Events Center Marquee and installation of Venus software in connection with the Tyson Events Center Video and Scoreboard System Project be and the same is hereby approved.

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

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 10C Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution awarding and approving a contract to KP Construction, Inc. in the SUBJECT: amount of $27,565.50 for the 5512 Christy Road Culvert Repair Project (Project No. 7059-549-101).

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

RECOMMENDATION: Staff respectfully requests Council award and approve a contract to KP Construction, Inc. in the amount of $27,565.50 for the 5512 Christy Road Culvert Repair Project (Project No. 7059-549- 101).

DISCUSSION: Staff sent abatement letters to the property owner of 5512 Christy Road to address a large void that was found in the City Right of Way. The property owner requested a hearing regarding the abatement letters. The hearing officer found it was the City’s responsible to make repairs as the City had been aware of the issue previously and had not followed up on the abatement letters. The new culvert that will be installed by this project will be the responsibility of the property owner to maintain in the future.

This project includes the removal of an undersized private culvert and replacement with a properly sized culvert.

A request for quotes was sent to four (4) contractors on July 3, 2019. The project was bid on July 11, 2019. One (1) bid was received for this project. The bid is as follows:

Company City, State Base Bid KP Construction, LLC Sergeant Bluff, Iowa $27,565.50 Engineer’s Estimate $18,960.00

The base bid, submitted by KP Construction, Inc. of Sergeant Bluff, Iowa is 31.2% or $8,605.50 above the Engineer’s Estimate of $18,960.00. Construction completion shall be within 10 working days which is anticipated to be August of 2019.

FINANCIAL IMPACT: This project is funded using stormwater abated GO bonds under CIP 549-101 Annual Unspeci- fied Storm Sewer The project currently has an available balance of $123,657.50.

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

ALTERNATIVES: 1. The City Council may choose to not award and approve this contract. 2. The project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Bid Tabulation Sheet Contract

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO KP CONSTRUCTION, INC. IN THE AMOUNT OF $27,565.50 FOR THE 5512 CHRISTY ROAD CULVERT REPAIR PROJECT (PROJECT NO. 7059-549-101).

WHEREAS, pursuant to Iowa Code Section 26.14, competitive bids were solicited and received by the City of Sioux City, Iowa, on July 11, 2019, for the 5512 Christy Road Culvert Repair Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by the City Engineering Department; and

WHEREAS, the bid was carefully considered and it is necessary and advisable that the bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the bidder has submitted a contract and performance bond and related documents, copies of which are attached hereto and by this reference made a part hereof; and

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

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

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

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

Section 1: The construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances, referred to in the preamble hereof, be and the same is hereby ordered.

Section 2: It is hereby found, determined and declared that the bid of KP Construction, Inc. of Sergeant Bluff, in the amount of $27,565.50 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the bid received and the same is hereby accepted and the contract awarded to said bidder.

Section 3: It is hereby found, determined and declared that the bid accepted in the preceding section of this resolution is fully responsive to the proposal, plans and specifications for the construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances.

Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 5: The City Manager and City Clerk are hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Manager as authorized herein, the contract shall be in full force and effect and not before.

Section 6: Progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the City Engineer as the value of work satisfactorily performed for the period.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Sioux City - Iowa

® Bid Tabulation 7059-549-101

Description 5512 Christy Road. Remove and Replace Pipe Culvert at this residence.

Bid Summary

Engineer's Estimate $18,960.00 Displayed

(1) KP Construction, Inc. $27,565.50 Displayed

Bid Tabulations

Engineer's Estimate ( 1 ) KP Construction, Inc. Line Number Item ID Unit Quantity Unit Price Extension Unit Price Extension

Section: 2 - Earthwork

0010 2010-108-J-2-c LF 160.000 $5.000 $800.00 $20.000 $3,200.00 Removal of Known Pipe Culvert: Less than 24"

0020 2010-108-M-0 CY 10.000 $100.000 $1,000.00 $140.000 $1,400.00 CLSM

2 items Section Totals: $1,800.00 $4,600.00

Bid Tabulations: 07/16/2019 7059-549-101 Page 1 of 3 Engineer's Estimate ( 1 ) KP Construction, Inc. Line Number Item ID Unit Quantity Unit Price Extension Unit Price Extension

Section: 3 - Trench Excavation and Backfill

0030 3010-108-D-0 CY 15.000 $40.000 $600.00 $70.000 $1,050.00 Replacement of Unsuitable Backfill Material

1 item Section Totals: $600.00 $1,050.00

Section: 4 - Sewers and Drains

0040 4030-108-A-1 LF 160.000 $50.000 $8,000.00 $71.500 $11,440.00 Pipe Culvert, Trenched: 18" Size - See Special Provisions

1 item Section Totals: $8,000.00 $11,440.00

Section: 6 - Structures for Sanitary and Storm Sewers

0050 6010-108-G-0 EA 1.000 $500.000 $500.00 $1,850.000 $1,850.00 Connection to Existing Manhole or Intake

1 item Section Totals: $500.00 $1,850.00

Section: 7 - Streets and Related Work

0060 7030-108-A-0 SY 21.500 $15.000 $322.50 $12.000 $258.00 Removal of Sidewalk, Shared Use Path, or Driveway

0070 7030-108-E-0 SY 3.500 $45.000 $157.50 $85.000 $297.50 Sidewalk, PCC: 4"

0080 7030-108-H-1 SY 18.000 $60.000 $1,080.00 $115.000 $2,070.00 Driveway, Paved: 6"

3 items Section Totals: $1,560.00 $2,625.50

Bid Tabulations: 07/16/2019 7059-549-101 Page 2 of 3 Engineer's Estimate ( 1 ) KP Construction, Inc. Line Number Item ID Unit Quantity Unit Price Extension Unit Price Extension

Section: 9 - Site Work and Landscaping

0090 9010-108-B-0 LS 1.000 $2,500.000 $2,500.00 $2,500.000 $2,500.00 Seeding, Fertilizing, and Mulching for Hydraulic Seeding (LS)

0100 9040-108-V-0 LS 1.000 $1,000.000 $1,000.00 $1,000.000 $1,000.00 Erosion Control (LS)

2 items Section Totals: $3,500.00 $3,500.00

Section: 11 - Miscellaneous

0110 11020-108-A-0 LS 1.000 $3,000.000 $3,000.00 $2,500.000 $2,500.00 Mobilization

1 item Section Totals: $3,000.00 $2,500.00

11 items Totals: $18,960.00 $27,565.50

Bid Tabulations: 07/16/2019 7059-549-101 Page 3 of 3

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 10D FROM: Matt Salvatore, Parks and Recreation Director

Resolution approving Amendment No. 1 to the Consulting Services Agree- ment with JEO Consulting Group of South Sioux City, Nebraska for addi- SUBJECT: tional design services for trailhead parking stalls in an amount not to exceed $3,800.00 in connection with the Leeds Connector Trail Project.

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

RECOMMENDATION: Staff respectfully requests City Council approve Amendment No. 1 to the Consulting Services Agreement with JEO Consulting Group of South Sioux City, Nebraska for additional design services for trailhead parking stalls in an amount not to exceed $3,800.00 in connection with the Leeds Connector Trail Project.

DISCUSSION: JEO Consulting Group was awarded a Consulting Services Agreement on September 10, 2018 per Resolution No. 2018-0726 for survey, design, and bidding services for the Leeds Connector Trail Project.

Original Consulting Agreement: $33,500.00

Amendment No. 1 is being requested for additional design services for trailhead parking stalls at Jefferson Street and the Leeds Connector Trail in the amount of $3,800.00. The services will include additional topographical survey and the design of approximately five parking stalls.

Revised Consulting Agreement: $37,300.00

FINANCIAL IMPACT: The funding for the professional services agreement will be covered under General Obligation Bonds in CIP #459-320 “Leeds Connector Trail” which has a project budget of $70,000.00.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Explore Destination Sioux City

ALTERNATIVES: Deny this agreement and require staff to seek services from another firm.

ATTACHMENTS: Resolution Consulting Services Agreement - Amendment No. 1

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONSULTING SER- VICES AGREEMENT WITH JEO CONSULTING GROUP OF SOUTH SIOUX CITY, NEBRASKA FOR ADDITIONAL DESIGN SERVICES FOR TRAILHEAD PARKING STALLS IN AN AMOUNT NOT TO EXCEED $3,800.00 IN CONNEC- TION WITH THE LEEDS CONNECTOR TRAIL PROJECT.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Amendment No. 1, a copy of which is attached hereto and by this reference made a part hereof, to the Consulting Services Agreement with JEO Consulting Group of South Sioux City, Nebras- ka for additional design services for trailhead parking stalls in connection with the Leeds Con- nector Trail Project be and the same is hereby approved in an amount not to exceed $3,800.00.

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

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 11A Gordon Phair, City Engineer FROM: Mark Simms, Utilities Director Resolution accepting the work and authorizing final payment to KP SUBJECT: Construction, Inc. for the Emergency Northern Valley Sanitary Sewer Interceptor Point Repair Project (Project No. 7055-539-103).

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 in the amount of $00.00 now and $2,730.28 in 30 days to KP Construction, Inc. of Sergeant Bluff, Iowa for the Emergency Northern Valley Sanitary Sewer Interceptor Point Re- pair Project (Project No. 7055-539-103).

DISCUSSION: This project included point repairs to the damaged Northern Valley Crossing sanitary sewer interceptor. During work it was found that the pipe in the ground was in poor condition and de- teriorating and the decision was made to stop work on this project. As a result of the immediate need for emergency repairs to preserve the health and safety of the public, the City Engi- neer and City Manager signed a ‘Finding of Necessity’ per Iowa Code, Chapter 384.103, which authorizes the City Manager to “accept, enter into, and make payment under a contract for emergency repairs without holding a public hearing and advertising for bids, and the provisions of Chapter 26 [Public Construction Bidding] do not apply.”

Contractors were solicited for quotes on May 17, 2019, and only one quote was received on May 24, 2019. The quote is as follows:

Company City, State Base Bid KP Construction, Inc Sergeant Bluff, IA $60,000.00

The contract was awarded to KP Construction, Inc. of Sergeant Bluff, Iowa on June 3, 2019 under the authority of the ‘Finding of Necessity’ for a contract amount of $60,000.00. The work has been completed and approved by City staff.

Below is a summary of the project:

Original Contract Amount: $60,000.00

Change Order No. 1 Summary: $655.00 Established prices for Air blowers, demo hammers, and a bulkhead to be placed in a manhole to block sewer flows.

Change Order No. 2 Summary: $334.36 Payment for rock placed on the job.

Change Order No. 3 Summary: -$6,383.75 Final Project Quantity adjustment.

Final Construction Cost: $54,605.61 The final construction cost for this project is $54,605.61, which is 8.99% below the original contract amount.

FINANCIAL IMPACT: This project is funded using transfers in sewer funds under CIP 539-103 Annual Sanitary Sew- ers. The project currently has an available balance of $129,564.83.

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

ALTERNATIVES: Council can choose to not accept the work and staff will go back to the contractor to discuss any issues.

ATTACHMENTS: Resolution Final Payment Application/Engineer’s Report

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO KP CONSTRUCTION, INC. FOR THE EMERGENCY NORTHERN VALLEY SANITARY SEWER INTERCEPTOR POINT REPAIR PROJECT (PROJECT NO. 7055-539-103).

WHEREAS, pursuant to a Finding of Necessity, quotes were received by the City of Sioux City, Iowa, on May 24, 2019, for the Emergency Northern Valley Sanitary Sewer Interceptor Point Repair Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by the City Engineering Division; and

WHEREAS, on June 3, 2019, Sioux City, Iowa entered into a contract with KP Construction, Inc. for the Emergency Northern Valley Sanitary Interceptor Point Repair Project within the City as therein described; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer's report filed with the City Clerk on August 5, 2019, 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 $54,605.61 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 $00.00 now and $2,730.28 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of KP Construction, Inc. for the construction of the project.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 11B Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution accepting the work and authorizing final payment to HCI Con- SUBJECT: struction for the Tyson Events Center Wheelchair Ramp Replacement Project (Project No. 6830B-379-010).

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

RECOMMENDATION: Staff respectfully requests Council approve the resolution accepting the work and authorizing final payment in the amount of $32,507.14 now and $17,203.36 in 30 days to HCI Construction for the Tyson Events Center Wheelchair Ramp Replacement Project (Project No. 6830B-379- 010).

DISCUSSION: A contract was awarded to HCI Construction of South Sioux City, Nebraska on March 26, 2018 under Resolution No. 2018-0233 for a contract amount of $332,179.93. The work has been completed and approved by City staff.

This project involved the replacement of the wheelchair ramps on the southwest corner of the building.

Below is a summary of the project:

Original Contract Amount: $332,179.93

Change Order No. 1 Summary: $6,015.24 This change order included the removal and replacement of unsuitable soils found on the project.

Change Order No. 2 Summary: $26,269.00 This change order included the installation of additional foam blocks under existing footings and over excavation and backfill of the existing footings.

Change Order No. 3 Summary: -$20,396.91 This change order accounts for the project final quantity adjustment.

Final Construction Cost: $344,067.26 The final construction cost for this project is $344,067.26 which is 3.58% above the original contract amount.

FINANCIAL IMPACT: This project is funded using GO Bonds and CC Levy Abated GO Bonds under CIP 379-010 “Annual EFAB Remodeling & Repair”. The project currently has an available balance of $724,003.96.

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

ALTERNATIVES: Council can choose not to accept the work and staff will go back to the contractor to discuss any issues.

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

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO HCI CONSTRUCTION FOR THE TYSON EVENTS CENTER WHEELCHAIR RAMP REPLACEMENT PROJECT (PROJECT NO. 6830B-379- 010).

WHEREAS, on March 26, 2018, Sioux City, Iowa entered into a contract with HCI Construction of South Sioux City, Nebraska for the Tyson Events Center Wheelchair Ramp Replacement Project within the City as therein described; 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:

B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $32,507.14 now and $17,203.36 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of HCI Construction, Inc. for the construction of the project.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 11C-1

FROM: Don Trometer, Risk Manager

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

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

RECOMMENDATION: Staff respectfully requests the City Council approve partial settlement of a sewer backup claim at 3916 Country Club Boulevard.

DISCUSSION: On June 15, 2019, a large sewer backup occurred at 3916 Country Club Boulevard. Jayz A Better Restoration was hired to do the mitigation work which has now been completed.

FINANCIAL IMPACT: Reduce the Tort Fund by $17,185.34 payable to Jayz A Better Restoration.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

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

WHEREAS, a claim was filed against the City of Sioux City, Iowa by Reid Jacobsma resulting from a sewer backup at 3916 Country Club Boulevard on June 15, 2019; and

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

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said claim be partially settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $17,185.34 payable to Jayz A Better Restoration.

BE IT FURTHER RESOLVED that said check be delivered to the Legal Department.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 11C-2

FROM: Don Trometer, Risk Manager

Resolution approving partial settlement of tort claims and authorizing pay- SUBJECT: ment thereof (Brouillette, Jensen and Vande Steeg)

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

RECOMMENDATION: Staff respectfully requests the City Council approve partial settlement of property damage claims for 1301, 1309 and 1311 S. St. Aubin Street resulting from a water main break on Ridge Avenue.

DISCUSSION: On January 29, 2019, a water main on Ridge Avenue broke causing extensive damage to 1301, 1309 and 1311 S. St. Aubin Street.

FINANCIAL IMPACT: Reduce the Tort Fund by $18,100 by paying Jayz A Better Restoration for the completed work.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution.

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PARTIAL SETTLEMENT OF TORT CLAIMS AND AUTHORIZING PAYMENT THEREOF (BROUILLETTE, JENSEN AND VANDE STEEG)

WHEREAS, claims were filed against the City of Sioux City, Iowa by Doug Brouillette, Haley Jensen and Shane Vande Steeg resulting from a water main break in the 3900 block of Ridge Avenue on January 29, 2019; and

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

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said claims be partially settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $18,100.00 payable to Jayz A Better Restoration.

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

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 11C-3 FROM: Connie E. Anstey, Assistant City Attorney

SUBJECT: Resolution approving payment of a tort settlement (Cledyn and Jenry Galicia)

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

RECOMMENDATION: Staff respectfully request the City Council approve a resolution authorizing payment of a negotiated settlement with Cledyn and Jenry Galicia in Case No. LACV180290.

DISCUSSION: On April 29, 2016, Officer Chad Stroman was involved in a traffic accident with a vehicle owned and occupied by Cledyn and Jenry Galicia. Both occupants of the vehicle claimed injuries and filed a tort claim in Woodbury County Case No. LACV180290. A settlement has been negotiated in full resolution of the personal injury claims. The parties have reached an agreement, subject to Council approval, for full release and settlement of all claims in exchange for payment of $21,500.00 to Cledyn Galicia and $10,750.00 to Jenry Galicia.

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

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: N/A

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PAYMENT OF TORT SETTLEMENT (CLEDYN AND JENRY GALICIA)

WHEREAS, a tort claim was filed against Chad Stroman and the City of Sioux City, Iowa by Cledyn and Jenry Galicia resulting from an April 29, 2016 traffic accident in Case No. 180290; and

WHEREAS, it has been determined that it is in the best interest of the City to settle this action by obtaining a negotiated settlement in exchange for a payment of $21,500 to Cledyn Galicia and $10,750.00 to Jenry Galicia in exchange for a full release of all claims.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Director of Finance be and she is hereby authorized and directed to issue a check from the appropriate fund in the amount of $21,500.00 payable to Cledyn Galicia and her attorney Kathleen Roe and a check from the appropriate fund in the amount of $10,750.00 payable to Jenry Galicia and his attorney Kathleen Roe.

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

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 12A FROM: Jeff Hanson, Community Development Operations Manager (SW)

Resolution proposing to sell certain real property. (that part of the vacated SUBJECT: north/south alley abutting 2607 and 2609 Dace Avenue) (Petitioner: Aurora Photography) (Purchase price: $2,255.33 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 the vacated north/south alley abutting 2607 and 2609 Dace Avenue to Aurora Photography. This portion of alley was vacated by Ordinance No. 2019-0526 on June 24, 2019. Aurora Photography owns the abutting properties 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 August 19, 2019 for the issuance of a city deed.

FINANCIAL IMPACT: The amount of $2,255.33 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 Notice of Hearing Offer to Purchase Aerial

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION PROPOSING TO SELL CERTAIN REAL PROPERTY. (THAT PART OF THE VACATED NORTH/SOUTH ALLEY ABUTTING 2607 AND 2609 DACE AVENUE) (PETITIONER: AURORA PHOTOGRAPHY) (PURCHASE PRICE: $2,255.33 PLUS COSTS).

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

The vacated south 101 feet of the alley adjoining Lots 17 and 19, Block 12, North of Dace Avenue, CB Rustin & Co. John Brennans Subdivision to Sioux City, Woodbury County, Iowa. Containing 1,132 square feet more or less; and

WHEREAS, said property was vacated pursuant to Ordinance No. 2019-0526 passed and approved June 24, 2019; 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 August 19, 2019 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: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Aurora Photography Sale 1 (Abutting 2607 & 2609 Dace Ave.).Docx

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 the vacated north/south alley abutting 2607 and 2609 Dace Avenue)

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 August 19, 2109, 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 August 10, 2019.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 12B FROM: Chris Myres, Economic Development

Resolution inviting proposals for the sale of land in the Combined Floyd River Urban Renewal Area, announcing the intent to accept the proposal of SUBJECT: Siouxland Concrete Co., fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Two Portions of Vacated 12th Street Right-of-Way abutting 1715½ 11th Street and 1805 11th Street)

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

RECOMMENDATION: Staff respectfully requests approval of the above resolution.

DISCUSSION: Standard Ready Mix is a growing company in Sioux City providing ready mix concrete products and services throughout the metro area. Siouxland Concrete Co. is the parent company of Standard Ready Mix. The company has recently acquired property adjacent to its existing plant on 11th Street in Sioux City and intends to assemble a new concrete plant and construct office and shop buildings on the site.

The project will consolidate its Steuben Street and 11th Street operations onto a single site. In addition to the construction of a larger, more modern facility, the proposed consolidation will allow the sale of its Steuben Street site to Cargill. Cargill has proposed a number of potential uses for this additional property, including expansion of processing operations and parking for bean trucks to help alleviate congestion on Steuben Street during busy seasons.

Two portions of 12th Street abutting the company’s property were vacated by Council at their request in June of 2018. The company is now ready to move forward with the project and has requested the City move forward with the property conveyance. Approval of the above resolution will initiate the mandatory 30-day notice period for the sale of City-owned property in an urban renewal area for the project. Staff will present a development agreement for Council consideration upon completion of the notice period. A public hearing will be scheduled for September 9, 2019. An executed LOU with Siouxland Concrete Co. is attached.

Development Proposal As a part of the proposed agreement Siouxland Concrete Company will agree to: • Construct a new concrete plant and related shop and office buildings on the 11th Street site. The capital investment will be approximately $7,600,000 including real estate,

machinery, and equipment. • Agree to a minimum assessment on the property of $450,000. • Retain the company’s existing twelve full-time jobs. • Submit a site plan for approval within the City’s Zoning & Sign Code and that meets the City’s Development Design Standards. The plan will include four finished sides with approved building materials, and sign plan.

The City will agree to: • Convey and transfer title of two portions of vacated 12th Street right-of-way (approximately 1.11 acres) to Siouxland Concrete Company for $1.00. • Provide property tax rebates on a graduated scale over a five-year period.

Urban Renewal Process Approval of the attached resolution will initiate the required thirty (30) day hearing period during which other proposals may be submitted to the City. A public hearing will be held on Sep- tember 9, 2019 to evaluate all proposals received. Should no other proposals be received, a development agreement with Siouxland Concrete Co. will be presented to Council for consideration immediately following the public hearing.

FINANCIAL IMPACT: The City will see increased tax revenue through the new development on the site.

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

ALTERNATIVES: None recommended

ATTACHMENTS: Resolution Public Notice Proposal

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION INVITING PROPOSALS FOR THE SALE OF LAND IN THE COMBINED FLOYD RIVER URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF SIOUXLAND CONCRETE CO., FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (TWO PORTIONS OF VACATED 12TH STREET RIGHT-OF-WAY ABUTTING 1715½ 11TH STREET AND 1805 11TH STREET)

WHEREAS, in furtherance of the objectives of Chapter 403 of the Code of Iowa, the City of Sioux City, Iowa, has undertaken a program of redevelopment of blighted areas and economic development in the City, and in this connection has instituted the Combined Floyd River Urban Renewal Area; and

WHEREAS, Siouxland Concrete Co. has submitted to the City a proposal to purchase a portion of the project area described as follows:

That Part of vacated Twelfth Street from the Northeast corner of Lot 9, Block 79, to the west line of Hoeven Drive as described in Ordinance S-2591 passed and approved June 8, 1964 and recorded in Book 1077, Page 142, Woodbury County Recorder’s Office; all lying within Central Sioux City Third Filing, an Addition to Sioux City, Woodbury County, Iowa. (Containing 29,220 square feet, more or less.

AND

All that Part of vacated Twelfth Street abutting Block 79, Central Sioux City Third Filing, an Addition to Sioux City, Woodbury County, Iowa. (Containing 19,200 square feet, more or less.)

a copy of which proposal is attached hereto and on file in the office of the City Clerk; and

WHEREAS, said property was vacated pursuant to Ordinance No. 2018-0521 passed and approved June 25, 2018; and

WHEREAS, Section 403.8 of the Code of Iowa authorizes the City to invite proposals from and make available all pertinent information to all parties interested in obtaining property in an urban renewal area under such reasonable competitive bidding procedures as it shall prescribe; and

WHEREAS, the City Council believes that it is in the public interest to sell said property and that proposals for the purchase be sought from parties who had not expressed their interest prior to this offering; and

WHEREAS, the City wishes to announce its intent to accept the proposal of Siouxland Concrete Co. in the absence of any more favorable offer in response to the invitation made herein; and

WHEREAS, further information should be made available to any other interested parties; and

WHEREAS, any additional proposals should be submitted to the Economic Development Department, Room 204, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, September 9, 2019; and

WHEREAS, the City Council shall evaluate all timely proposals, taking into account such factors as it considers appropriate, including but not limited to, the following:

Quality of the Proposed Development:

(1) The total cost of the proposed project.

(2) The types of materials to be used in the construction of the project.

(3) Overall project amenities.

Economic Feasibility of the Proposed Development:

(1) The economic return to the City provided by the proposed development, including but not limited to, the amount of revenue generated for the City, the property and sales taxes to be generated, the number of jobs provided, and the encouragement of related development in the area.

(2) The ability of the prospective developer to finance and timely complete the project as proposed, including any contingencies on such performance.

(3) The financial impact of the proposed development upon the City’s operating budget and capital improvement plan, particularly as it related to the construction and maintenance of any required public improvements; and

WHEREAS, a Notice of Invitation for Proposals and of Intention to Accept Proposal, and of a Public Hearing, a copy of which is attached hereto and by this reference incorporated herein, should be approved as to form and content and its publication authorized and directed.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Public Notice attached hereto is hereby approved as to form and content and its publication is hereby authorized and directed.

BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on September 9, 2019, at the regularly scheduled council meeting and fixes the date of September 9, 2019 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

PUBLIC NOTICE OF INVITATION FOR PROPOSALS AND OF INTENT TO ACCEPT PROPOSAL AND OF PUBLIC HEARING

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 under and by virtue of which the City of Sioux City, Iowa, invites proposals for the purchase of certain land in the Combined Floyd River Urban Renewal Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by Siouxland Concrete Co., a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns the following described real property:

AND

All that Part of vacated Twelfth Street abutting Block 79, Central Sioux City Third Filing, an Addition to Sioux City, Woodbury County, Iowa. (Containing 19,200 square feet, more or less.)

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the Economic Development Department, Room 206, City Hall, 405 Sixth Street, Sioux City, Iowa.

Any person interested in purchasing said real estate should submit a completed proposal to the Economic Development Department, Room 206, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on September 9, 2019.

The right is reserved by the City to accept or reject any or all proposals, and to waive formalities in any procedures set forth herein. Documents to be completed may be obtained from the Economic Development Department without charge.

The City Council shall evaluate all timely proposals, taking into account such factors as it considers appropriate, including but not limited to, the following:

Quality of the Proposed Development:

(1) The total cost of the proposed project.

(2) The types of materials to be used in the construction of the project.

(3) Overall project amenities.

Economic Feasibility of the Proposed Development:

(2) The ability of the prospective developer to finance and timely complete the project as proposed, including any contingencies on such performance.

A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by Siouxland Concrete Co. for the purchase of said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on September 9, 2019, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing.

Published by order of the City Council of Sioux City, Iowa.

CITY OF SIOUX CITY, IOWA

BY: LISA L. MCCARDLE CITY CLERK

Published in the Sioux City Journal August 10, 2019.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 12C FROM: Renae Billings, Business Development Coordinator

Resolution setting dates of a consultation and a public hearing on proposed Amendment No. 1 to the Amended and Restated Combined Floyd SUBJECT: River Urban Renewal Plan for the Combined Floyd River Urban Renewal Area of the City of Sioux City, Iowa (Property located at 3232 Highway 75 N)

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

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

DISCUSSION: SRS Distribution Inc. (SRS) is a wholesale roofing products distributor that operates under the name Midwest Roofing Supply in Sioux City and under the name Contractors Supply in South Sioux City. These two companies have continued to grow over the past several years but have remained in two separate locations. SRS has identified an existing building in Sioux City to consolidate the two locations while keeping the companies independent. The property is located on Highway 75 and is owned by KCB Investments, LLC (KCB). KCB plans to remodel and lease the existing building on the property, and construct a new 15,000 square foot warehouse building for the companies to lease as well. The project will represent a capital investment of $1.4 million.

To assist with the relocation and expansion project, City staff is currently working to finalize a development agreement and minimum assessment agreement with SRS Distribution Inc. and KCB Investments, LLC, which will provide 75% property tax rebates on the new incremental taxes created by the value added to the property for a five-year period. SRS will agree to retain a minimum of 5 full-time employees and KCB will agree to a minimum assessed value on the property of $1.1 million.

Approval of the above resolution will initiate the required notice period to amend the urban renewal plan and set a date for final Council consideration and approval of the development and minimum assessment agreements on September 9, 2019.

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

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

ALTERNATIVES: None Recommended

ATTACHMENTS: Resolution Amendment No. 1 – Combined Floyd River Urban Renewal Plan

RESOLUTION NO. 2019 - ______

RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO. 1 TO THE AMENDED AND RE- STATED COMBINED FLOYD RIVER URBAN RENEWAL PLAN FOR THE COMBINED FLOYD RIVER URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (PROPERTY LOCATED AT 3232 HIGHWAY 75 N)

WHEREAS, the City Council previously has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and has approved and adopted the Combined Floyd River Urban Renewal Plan on October 13, 1986, pursuant to Resolution No. 86/T-4985 and recorded in the office of the Woodbury County Recorder’s Office at Roll 177, Image 592; and subsequent amendments to the same on April, 11, 1988, pursuant to Resolution No. 88/T-6349 and recorded in the office of the Woodbury County Recorder’s Office at Roll 200, Image 36; October 6, 1997, pursuant to Resolution No. 97/U-5919 and recorded in the office of the Woodbury County Recorder’s Office at Roll 385, Image 1218; July 7, 2003, pursuant to Resolution No. 2003-0598; February 6, 2012, pursuant to Resolution 2012-0088 and recorded in the office of the Woodbury County Recorder’s Office at Roll 721, Image 3810-3837; October 22, 2012, pursuant to Resolution 2012-0744; May 13, 2013, pursuant to Resolution 2013-0376 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 729, Image 9450; November 25, 2013, pursuant to Resolution No. 2013- 0876 and recorded in the office of the Woodbury County Recorder’s Office at Roll 733, Image 1189-1228; May 5, 2014, pursuant to Resolution No. 2014-0272 and recorded in the office of the Woodbury County Recorder’s Office at Roll 735 Image 3393-3414; November 17, 2014, pursuant to Resolution No. 2014-0848 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 738 Image 4410-4425; April 27, 2015, pursuant to Resolution No. 2015- 0305 and recorded in the office of the Woodbury County Recorder’s Office at Roll 740, Image 9865-9907; July 13, 2015, pursuant to Resolution No. 2015-0534 and recorded in the office of the Woodbury County Recorder’s Office at Roll 742, Image 1542-1558; April 18, 2016, pursuant to Resolution No. 2016-0307 and recorded in the office of the Woodbury County Recorder’s Of- fice at Roll 746, Image 8024-8078; March 20, 2017, pursuant to Resolution No. 2017-0252 and recorded in the office of the Woodbury County Recorder’s Office at Roll 751, Image 15255- 15306; November 13, 2017, pursuant to Resolution No. 2017-1014 and recorded in the office of the Woodbury County Recorder’s Office at Roll 756, Image 234-251; March 5, 2018, pursuant to Resolution No. 2018-0180 and recorded in the office of the Woodbury County Recorder’s Office at Roll 757, Image 7671-7687; April 9, 2018, pursuant to Resolution No. 2018-0279 and recorded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3340-3393; Sep- tember 10, 2018, pursuant to Resolution No. 2018-0741 and recorded in the office of the Wood- bury County Recorder’s Office at Roll 760, Image 10829-10851 and April 8, 2019, pursuant to Resolution No. 2019-0306 and recorded in the office of the Woodbury County Recorder’s Office at Roll 763, Image 10982-11040 (together, the "Amended Plan") for the amended Combined Floyd River Urban Renewal Project Area described therein (the "Project Area"); and

WHEREAS, City staff has caused there to be prepared a form of Amendment No. 1 to the Amended Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to further update certain provisions of the Amended Plan to conform to current City objectives and planning initiatives for the Project Area, and to include additional properties within the Project Area, as hereinafter described; and

WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Amended Plan; and

WHEREAS, the Iowa Code requires the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 1 to the Amended Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and

WHEREAS, the Iowa Code further requires the City Council to hold a public hearing on the proposed Amendment No. 1 to the Amended Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity.

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

Section 1. That the consultation on the proposed Amendment No. 1 to the Amended Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on August 13, 2019, in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa at 3:00 P.M., and the City Manager or his designee is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2).

Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Amendment No. 1 to the Amended Plan, said notice to be in substantially the following form:

NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF SIOUX CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 1 TO THE AMENDED AND RESTATED COMBINED FLOYD RIVER URBAN RENEWAL PLAN FOR THE COMBINED FLOYD RIVER URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IO- WA

The City of Sioux City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 3:00 P.M., August 13, 2019 in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa concerning a proposed Amendment No. 1 to the Amended and Restated Combined Floyd River Urban Renewal Plan for the Combined Floyd River Urban Renewal Area, a copy of which is attached hereto.

Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in said Amended Plan.

The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The City Manager (or his designee) as the designated representative of the City of Sioux City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 1 to the Amended Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue.

This notice is given by order of the City Council of the City of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended.

Dated this 5th day of August 2019

______Lisa L. McCardle, City Clerk City of Sioux City, Iowa

(END OF NOTICE)

Section 3. That a public hearing shall be held on the proposed Amendment No. 1 to the Amended Plan before the City Council at its meeting which commences at 4:00 P.M., September 9, 2019, in the Council Chambers, City Hall, Sioux City, Iowa.

Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the Sioux City Journal, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form:

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PRO- POSED AMENDMENT NO. 1 TO THE AMENDED AND RESTATED COMBINED FLOYD RIVER URBAN RENEWAL PLAN FOR THE COMBINED FLOYD RIVER URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IO- WA

The City Council of the City of Sioux City, Iowa, will hold a public hearing before itself at its meeting which commences at 4:00 P.M. on September 9, 2019 in the Council Chambers, City Hall, Sioux City, Iowa to consider adoption of the proposed Amendment No. 1 to the Amended and Restated Combined Floyd River Urban Renewal Plan (the "Amended Plan") for the existing Combined Floyd River Urban Renewal Area ("Project Area").

A copy of Amendment No. 1 to the Amended Plan is on file for public inspection in the office of the City Clerk, City Hall, Sioux City, Iowa.

The purpose of the Amendment No. 1 to the Amended Plan is to further update certain provisions of the Amended Plan to conform to current City objectives, planning initiatives and program activities for the Project Area.

The general scope of the urban renewal activities under consideration in the Amended Plan is to convey land and enter into development agreements for new development and the redevelopment of existing commercial buildings and land for commercial residential and mixed use purposes in order to encourage investment and strengthen the area economy. This activity may involve grants, rebates, loans or other incentives funded by tax increment financing. Specifical- ly, the amendment addresses a proposed urban renewal project for the renovation of an existing building and construction of a new 15,000 square foot warehouse building located at 3232 Highway 75 N, Sioux City, Iowa.

Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing.

This Notice is given by order of the City Council of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended.

Dated this 5th day of August 2019.

______Lisa L. McCardle, City Clerk, Sioux City, Iowa

Publish in the Sioux City Journal August 31, 2019.

(END OF NOTICE)

Section 5. That the proposed Amendment No. 1 to the Amended Plan, now before this Council, for the Combined Floyd River Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 1 to the Amended Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment No. 1 to the Amended Plan shall be placed on file in the office of the City Clerk.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Combined Floyd River UR Amendment #1 (Set Public Hrg & Consultation).Docx

CERTIFICATE

STATE OF IOWA ) ) SS COUNTY OF WOODBURY )

I, the undersigned City Clerk of Sioux City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Coun- cil with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions.

WITNESS my hand and the seal of said Municipality hereto affixed this 5th day of Au- gust, 2019.

______Lisa L. McCardle, City Clerk, Sioux City, Iowa

SEAL

AMENDMENT NO. 1

TO THE AMENDED AND RESTATED COMBINED FLOYD RIVER URBAN RENEWAL PLAN

FOR THE COMBINED FLOYD RIVER URBAN RENEWAL AREA

CITY OF SIOUX CITY, IOWA

AMENDMENT NO. 1

AMENDED AND RESTATED COMBINED FLOYD RIVER URBAN RENEWAL PLAN CITY OF SIOUX CITY, IOWA

The Amended and Restated Combined Floyd River Urban Renewal Plan ("Plan") for the Com- bined Floyd River Urban Renewal Area ("Area" or "Urban Renewal Area"), originally October 13, 1986, pursuant to Resolution No. 86/T-4985 and recorded in the office of the Woodbury County Recorder’s Office at Roll 177, Image 592; and subsequent amendments to the same on April, 11, 1988, pursuant to Resolution No. 88/T-6349 and recorded in the office of the Wood- bury County Recorder’s Office at Roll 200, Image 36; October 6, 1997, pursuant to Resolution No. 97/U-5919 and recorded in the office of the Woodbury County Recorder’s Office at Roll 385, Image 1218; July 7, 2003, pursuant to Resolution No. 2003-0598; February 6, 2012, pursuant to Resolution 2012-0088 and recorded in the office of the Woodbury County Recorder’s Office at Roll 721, Image 3810-3837; October 22, 2012, pursuant to Resolution 2012-0744; May 13, 2013, pursuant to Resolution 2013-0376 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 729, Image 9450; November 25, 2013, pursuant to Resolution No. 2013- 0876 and recorded in the office of the Woodbury County Recorder’s Office at Roll 733, Image 1189-1228; May 5, 2014, pursuant to Resolution No. 2014-0272 and recorded in the office of the Woodbury County Recorder’s Office at Roll 735 Image 3393-3414; November 17, 2014, pursuant to Resolution No. 2014-0848 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 738 Image 4410-4425; April 27, 2015, pursuant to Resolution No. 2015- 0305 and recorded in the office of the Woodbury County Recorder’s Office at Roll 740, Image 9865-9907; July 13, 2015, pursuant to Resolution No. 2015-0534 and recorded in the office of the Woodbury County Recorder’s Office at Roll 742, Image 1542-1558; April 18, 2016, pursuant to Resolution No. 2016-0307 and recorded in the office of the Woodbury County Recorder’s Of- fice at Roll 746, Image 8024-8078; March 20, 2017, pursuant to Resolution No. 2017-0252 and recorded in the office of the Woodbury County Recorder’s Office at Roll 751, Image 15255- 15306; November 13, 2017, pursuant to Resolution No. 2017-1014 and recorded in the office of the Woodbury County Recorder’s Office at Roll 756, Image 234-251; March 5, 2018, pursuant to Resolution No. 2018-0180 and recorded in the office of the Woodbury County Recorder’s Office at Roll 757, Image 7671-7687 and April 9, 2018, pursuant to Resolution No. 2018-0279 and recorded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3340-3393; September 10, 2018, pursuant to Resolution No. 2018-0741 and recorded in the office of the Woodbury County Recorder’s Office at Roll 760, Image 10829-10851 and April 8, 2019, pursuant to Resolution No. 2019-0306 and recorded in the office of the Woodbury County Recorder’s Office at Roll 763, Image 10982-11040 and is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amendment"). No land is being added to the Area by this Amendment.

Except as modified by this Amendment, the provisions of the Amended and Restated Combined Floyd River Urban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control.

PROPOSED URBAN RENEWAL PROJECTS

The following new subsection (q) to Section G (2) is added to the Plan as follows:

G. Urban Renewal Projects

2. Development Agreements

(q) SRS (2019)

The City is considering entering into a Development Agreement and Minimum Assessment Agreement with a wholesale roofing products distributor for the development of privately-owned land located at 3232 Highway 75 North. As per terms and conditions set forth in a Development Agreement, the property owner will agree to construct a new warehouse facility and other improvements. The City is proposing to provide TIF assistance in the form of property tax rebates. Assistance shall not exceed $100,000.

DEBT

1. July 1, 2018 constitutional debt limit: $144,100,000

2. Outstanding general obligation debt: $234,455,552 3. Proposed amount of indebtedness to be incurred: It is estimated that the cost of the proposed improvements as described above will be approximately as follows:

• SRS $100,000

PROPERTY ACQUISITION/DISPOSITION

The City will follow any applicable requirements for the acquisition and disposition of property.

URBAN RENEWAL PLAN AMENDMENTS

The Plan may be amended from time to time for a variety of reasons, including but not limited to, adding or deleting land, adding urban renewal projects, or to modify goals or types of renewal activities. The City Council may amend this Plan in accordance with applicable state law.

EFFECTIVE DATE

This Urban Renewal Plan Amendment No. 1 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code.

REPEALER

Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed.

SEVERABILITY CLAUSE

If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 12D FROM: Chris Myres, Economic Development Specialist

Resolution setting dates of a consultation and a public hearing on proposed Amendment No. 2 to the Amended and Restated Donner Park Urban SUBJECT: Renewal Plan for the Donner Park Urban Renewal Area of the City of Sioux City, Iowa (Property located at 2600 Al Haynes 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 proposed resolution.

DISCUSSION: Midwest Peterbilt Group owns and operates five sales and service locations throughout Iowa and Nebraska with its corporate headquarters in the Expedition Business Park in Sioux City. The company was one of the first to construct in this area after the land was released from FAA jurisdiction nearly twenty years ago. The company has made significant investment both in its headquarters building and its sales and service location located on Harbor Drive in the Bridgeport area.

Over the past few years, the company has experienced increasing difficulty in hiring skilled technicians for its service department. For the past several months, Economic Development staff have been working with the company and Western Iowa Tech on the development of cur- riculum and financing for a new training center for diesel mechanics that would be employed in one of Midwest Peterbilt’s five service locations. After the program is established, the company has also considered opening up enrollment to other companies to help alleviate the overall diesel mechanic shortage in the area.

As part of this effort, the company has decided to construct a training facility adjacent to its corporate headquarters facility. The company plans to invest approximately $1 million in the project. To assist with the project, City staff is currently working to finalize a development agreement and minimum assessment agreement with Midwest Peterbilt which would sell the company .5 acres of City-owned land and provide tax rebates of 70% of new taxes created over a five-year period. Midwest Peterbilt will agree to retain its existing employees and sign a minimum assessment of $800,000 on the property.

Approval of the above resolution will initiate the required notice period to amend the urban renewal plan and set a date for final Council consideration and approval of the development

and minimum assessment agreements on September 9, 2019.

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

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

ALTERNATIVES: None Recommended

ATTACHMENTS: Resolution Amendment No. 2 – Donner Park Urban Renewal Plan

RESOLUTION NO. 2019 - ______

RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO. 2 TO THE AMENDED AND RE- STATED DONNER PARK URBAN RENEWAL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (PROPERTY LOCATED AT 2600 AL HAYNES DRIVE)

WHEREAS, the City Council previously has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and has approved and adopted the Donner Park Urban Renewal Plan on December 7, 1987, pursuant to Resolution No. 87/T-6002 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 195, Image 1135 and subsequent amendments to the same on Septem- ber 12, 1988, pursuant to Resolution No. 88/T-6760 and recorded in the office of the Woodbury County Recorder’s Office at Roll 206, Image 2169; June 10, 1991, pursuant to No. 91/T-9955; October 12, 1992, pursuant to Resolution No. 92/U-549; December 20, 1993, pursuant to Reso- lution No. 93/U-1656; December 19, 1994, pursuant to Resolution No. 94/U-2783; March 24, 1997, pursuant to Resolution No. 97/U-5267 and recorded in the office of the Woodbury County Recorder’s Office at Roll 370, Image 1365; August 24, 2009, pursuant to Resolution No. 2009- 0679 and recorded in the office of the Woodbury County Recorder’s Office at Roll 706, Image 482; September 13, 2010, pursuant to Resolution No. 2010-0670; December 10, 2012, pursuant to Resolution No. 2012-0842; May 13, 2013, pursuant to Resolution No. 2013-0377 and recorded in the office of the Woodbury County Recorder’s Office at Roll 729, Image 9458; November 25, 2013, pursuant to Resolution No. 2013-0877 and recorded in the office of the Woodbury County Recorder’s Office at Roll 733, Image 1229-1283; May 5, 2014, pursuant to Resolution No. 2014-0273 and recorded in the office of the Woodbury County Recorder’s Office at Roll 735, Image 3371-3392; September 8, 2014, pursuant to Resolution No. 2014-0665 and recorded in the office of the Woodbury County Recorder’s Office at Roll 737, Image 2883-2902; De- cember 22, 2014, pursuant to Resolution No. 2014-0939 and recorded in the office of the Woodbury County Recorder’s Office at Roll 739, Image 266-332; April 27, 2015, pursuant to Resolution No. 2015-0304 and recorded in the office of the Woodbury County Recorder’s Office at Roll 740, Image 9802-9864; July 13, 2015, pursuant to Resolution No. 2015-0535 and recorded in the office of the Woodbury County Recorder’s Office at Roll 742, Image 1525-1541; September 14, 2015, pursuant to Resolution No. 2015-0693 and recorded in the office of the Woodbury County Recorder’s Office at Roll 743, Image 3862-3885; April 18, 2016, pursuant to Resolution No. 2016-0306 and recorded in the office of the Woodbury County Recorder’s Office at Roll 746, Image 7843-7917; September 26, 2016, pursuant to Resolution No. 2016-0834 and recorded in the office of the Woodbury County Recorder’s Office at Roll 749, Image 6530-6549; March 20, 2017, pursuant to Resolution No. 2017-0251 and recorded in the office of the Wood- bury County Recorder’s Office at Roll 751, Image 15180-15254; November 13, 2017, pursuant to Resolution No. 2017-1013 and recorded in the office of the Woodbury County Recorder’s Of- fice at Roll 756, Image 197-215; April 9, 2018, pursuant to Resolution No. 2018-0278 and recorded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3265-3339; April 8, 2019, pursuant to Resolution No. 2019-0305 and recorded in the office of the Woodbury County Recorder’s Office at Roll 763, Image 10791-10868 and June 10, 2019, pursuant to Res- olution No. 2019-0477 and recorded in the office of the Woodbury County Recorder’s Office at Instrument #2019-13677 (together, the "Amended Plan") for the amended Donner Park Urban Renewal Project Area described therein (the "Project Area"); and

WHEREAS, City staff has caused there to be prepared a form of Amendment No. 2 to the Amended Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to further update certain provisions of the Amended Plan to conform to current City objectives and planning initiatives for the Project Area, and to include additional properties within the Project Area, as hereinafter described; and

WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Amended Plan; and

WHEREAS, the Iowa Code requires the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 2 to the Amended Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and

WHEREAS, the Iowa Code further requires the City Council to hold a public hearing on the proposed Amendment No. 2 to the Amended Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity.

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

Section 1. That the consultation on the proposed Amendment No. 2 to the Amended Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on August 13, 2019, in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa at 3:00 P.M., and the City Manager or his designee is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2).

Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Amendment No. 2 to the Amended Plan, said notice to be in substantially the following form:

NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF SIOUX CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 2 TO THE AMENDED AND RESTATED DONNER PARK URBAN RENEWAL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA

The City of Sioux City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 3:00 P.M., August 13, 2019 in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa concerning a proposed Amendment No. 2 to the Amended and Restated Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area, a copy of which is attached hereto.

The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The City Manager (or his designee) as the designated representative of the City of Sioux City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 2 to the Amended Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue.

This notice is given by order of the City Council of the City of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended.

Dated this 5th day of August 2019

______Lisa L. McCardle, City Clerk City of Sioux City, Iowa

(END OF NOTICE)

Section 3. That a public hearing shall be held on the proposed Amendment No. 2 to the Amended Plan before the City Council at its meeting which commences at 4:00 P.M., September 9, 2019, in the Council Chambers, City Hall, Sioux City, Iowa.

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PRO- POSED AMENDMENT NO. 2 TO THE AMENDED AND RESTATED DONNER PARK URBAN RENEWAL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA

The City Council of the City of Sioux City, Iowa, will hold a public hearing before itself at its meeting which commences at 4:00 P.M. on September 9, 2019 in the Council Chambers, City Hall, Sioux City, Iowa to consider adoption of the proposed Amendment No. 2 to the Amended and Restated Donner Park Urban Renewal Plan (the "Amended Plan") for the existing Donner Park Urban Renewal Area ("Project Area").

A copy of Amendment No. 2 to the Amended Plan is on file for public inspection in the office of the City Clerk, City Hall, Sioux City, Iowa.

The purpose of the Amendment No. 2 to the Amended Plan is to further update certain provisions of the Amended Plan to conform to current City objectives, planning initiatives and program activities for the Project Area.

The general scope of the urban renewal activities under consideration in the Amended Plan is to convey land and enter into development agreements for new development and the redevelopment of existing commercial buildings and land for commercial residential and mixed use purposes in order to encourage investment and strengthen the area economy. This activity may involve grants, rebates, loans or other incentives funded by tax increment financing. Specifical- ly, the amendment addresses a proposed urban renewal project for the construction of a new training center for diesel mechanics and other improvements on property located at 2601 Al Haynes Drive.

Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing.

This Notice is given by order of the City Council of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended.

Dated this 5th day of August 2019.

______Lisa L. McCardle, City Clerk, Sioux City, Iowa

Publish in the Sioux City Journal August 31, 2019.

(END OF NOTICE)

Section 5. That the proposed Amendment No. 2 to the Amended Plan, now before this Council, for the Donner Park Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 2 to the Amended Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment No. 2 to the Amended Plan shall be placed on file in the office of the City Clerk.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Donner Park UR Amendment No. 2 (Set Public Hrg & Consultation).Docx

CERTIFICATE

STATE OF IOWA ) ) SS COUNTY OF WOODBURY )

WITNESS my hand and the seal of said Municipality hereto affixed this 5th day of August 2019.

______Lisa L. McCardle, City Clerk, Sioux City, Iowa

SEAL

AMENDMENT NO. 2

TO THE AMENDED AND RESTATED DONNER PARK URBAN RENEWAL PLAN

FOR THE DONNER PARK URBAN RENEWAL AREA

CITY OF SIOUX CITY, IOWA

AMENDMENT NO. 2

AMENDED AND RESTATED DONNER PARK URBAN RENEWAL PLAN CITY OF SIOUX CITY, IOWA

The Amended and Restated Donner Park Urban Renewal Plan ("Plan") for the Donner Park Ur- ban Renewal Area ("Area" or "Urban Renewal Area"), originally adopted December 7, 1987, pursuant to Resolution No. 87/T-6002 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 195, Image 1135 and subsequent amendments to the same on Septem- ber 12, 1988, pursuant to Resolution No. 88/T-6760 and recorded in the office of the Woodbury County Recorder’s Office at Roll 206, Image 2169; June 10, 1991, pursuant to No. 91/T-9955; October 12, 1992, pursuant to Resolution No. 92/U-549; December 20, 1993, pursuant to Reso- lution No. 93/U-1656; December 19, 1994, pursuant to Resolution No. 94/U-2783; March 24, 1997, pursuant to Resolution No. 97/U-5267 and recorded in the office of the Woodbury County Recorder’s Office at Roll 370, Image 1365; August 24, 2009, pursuant to Resolution No. 2009- 0679 and recorded in the office of the Woodbury County Recorder’s Office at Roll 706, Image 482; September 13, 2010, pursuant to Resolution No. 2010-0670; December 10, 2012, pursuant to Resolution No. 2012-0842; May 13, 2013, pursuant to Resolution No. 2013-0377 and recorded in the office of the Woodbury County Recorder’s Office at Roll 729, Image 9458; November 25, 2013, pursuant to Resolution No. 2013-0877 and recorded in the office of the Woodbury County Recorder’s Office at Roll 733, Image 1229-1283; May 5, 2014, pursuant to Resolution No. 2014-0273 and recorded in the office of the Woodbury County Recorder’s Office at Roll 735, Image 3371-3392; September 8, 2014, pursuant to Resolution No. 2014-0665 and recorded in the office of the Woodbury County Recorder’s Office at Roll 737, Image 2883-2902; De- cember 22, 2014, pursuant to Resolution No. 2014-0939 and recorded in the office of the Woodbury County Recorder’s Office at Roll 739, Image 266-332; April 27, 2015, pursuant to Resolution No. 2015-0304 and recorded in the office of the Woodbury County Recorder’s Office at Roll 740, Image 9802-9864; July 13, 2015, pursuant to Resolution No. 2015-0535 and recorded in the office of the Woodbury County Recorder’s Office at Roll 742, Image 1525-1541; September 14, 2015, pursuant to Resolution No. 2015-0693 and recorded in the office of the Woodbury County Recorder’s Office at Roll 743, Image 3862-3885; April 18, 2016, pursuant to Resolution No. 2016-0306 and recorded in the office of the Woodbury County Recorder’s Office at Roll 746, Image 7843-7917; September 26, 2016, pursuant to Resolution No. 2016-0834 and recorded in the office of the Woodbury County Recorder’s Office at Roll 749, Image 6530-6549; March 20, 2017, pursuant to Resolution No. 2017-0251 and recorded in the office of the Wood- bury County Recorder’s Office at Roll 751, Image 15180-15254; November 13, 2017, pursuant to Resolution No. 2017-1013 and recorded in the office of the Woodbury County Recorder’s Of- fice at Roll 756, Image 197-215; April 9, 2018, pursuant to Resolution No. 2018-0278 and recorded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3265-3339; April 8, 2019, pursuant to Resolution No. 2019-0305 and recorded in the office of the Woodbury County Recorder’s Office at Roll 763, Image 10791-10868 and June 10, 2019, pursuant to Res- olution No. 2019-0477 and recorded in the office of the Woodbury County Recorder’s Office at Instrument #2019-13677 is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amendment"). No land is being added to the Area by this Amendment.

Except as modified by this Amendment, the provisions of the Amended and Restated Donner Park Urban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control.

PROPOSED URBAN RENEWAL PROJECTS

The following new subsection (ii) to Section E (1) is added to the Plan as follows:

E. Urban Renewal Projects

1. Development Agreements

ii. Midwest Peterbilt (2019)

The City is considering entering into a Development Agreement and Minimum Assessment Agreement with a private developer for the construction of a new facility and other improvements on City-owned property. The City will sell property to the developer at a discounted price and provide TIF assistance in the form of property tax rebates or an economic development grant. Assis- tance shall not exceed $500,000.

DEBT

1. July 1, 2018 constitutional debt limit: $234,455,552

2. Outstanding general obligation debt: $144,100,000 3. Proposed amount of indebtedness to be incurred: It is estimated that the cost of the proposed improvements as described above will be approximately as follows:

• Midwest Peterbilt $500,000

PROPERTY ACQUISITION/DISPOSITION

The City will follow any applicable requirements for the acquisition and disposition of property.

URBAN RENEWAL PLAN AMENDMENTS

EFFECTIVE DATE

This Urban Renewal Plan Amendment No. 2 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code.

REPEALER

Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed.

SEVERABILITY CLAUSE

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 12E Gordon Phair City Engineer FROM: Nate Wing, Civil Engineer

Resolution granting a permit to Aureon Network Services to own, operate SUBJECT: and maintain underground cable commencing at 5213 Stone Avenue, crossing Stone Avenue, and ending at 1200 South Maple Street.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the Resolution granting a permit to Aureon Network Services of West Des Moines, Iowa, to perform underground construction in the City’s right-of-way for the installation of fiber optic network services commencing at 5213 Stone Ave- nue, then south across Stone Avenue and ending at 1200 South Maple Street.

DISCUSSION: The City has received a letter from Civil Design Advantage, on behalf of Aureon Network Ser- vices, for a permit to install underground cable commencing in the north right of way adjacent to 5213 Stone Avenue, then boring south under Stone Avenue and ending at 1200 South Maple Street.

The fiber optic is being installed to provide communication service to T-Mobile USA, a telecom- munication provider who has equipment on the Maple Street Water Tower at 1200 South Maple Street.

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 anybody to use the facilities of Aureon Network Services 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 Aureon Network Services

ATTACHMENTS: Resolution Application (with Map) Insurance

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION GRANTING A PERMIT TO AUREON NETWORK SERVICES TO OWN, OPERATE AND MAINTAIN UNDERGROUND CABLE COMMENCING AT 5213 STONE AVENUE, CROSSING STONE AVENUE, AND ENDING AT 1200 SOUTH MAPLE STREET.

WHEREAS, the City Council has received a request from Aureon Network Services of West Des Moines, 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

WHEREAS, the City Council is advised and does believe that permission to own, operate and maintain such cable should be granted, pursuant to Chapter 12.05 of the Sioux City Municipal Code, under the conditions hereafter imposed.

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 in the north right of way adjacent to 5213 Stone Avenue; thence extending south across Stone Avenue for approximately 40 feet ending at 1200 South Maple Street;

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: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 13 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. Bob Roe’s North End Zone, 4100 Floyd Boulevard (Renewal) b. Chili’s Grill and Bar, 110 Nebraska Street (New) c. Corner Pocket, 2425 5th Street (Renewal) d. Hunan Palace Chinese Restaurant, 3523 Singing Hills Boulevard SUBJECT: (Renewal) e. Restaurante Campestre, 1800 Pierce Street (Renewal) 2. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry- out) a. Bob Roe’s Point After, Larsen Park Road (New 5 Day License for BBQ and Blues, September 3-7, 2019) b. Bob Roe’s Point After, 3609 Peters Avenue (New 5 Day License for Morningside College Homecoming, September 18-22, 2019)

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

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

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

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

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

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

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

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

ATTACHMENTS: None

AIRPORT BOARD OF TRUSTEES REGULAR MEETING May 9, 2019

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

MEMBERS PRESENT STAFF OTHER Darrell Jesse Mike Collett, Assistant City Manager Lori Pierson Dave Bernstein John Backer, Operations Manager Nancy Evans Rita De Jong Amber Hegarty, Assistant City Attorney Darren Christopher Vince Kramper Brian Crichton Angie Schneiderman Heather Rutkowski Dave Kaplan

MEMBERS ELECTRONIC MEMBERS ABSENT None Noelle Jacobs

CALL OF THE ROLL The Airport Board meeting was called to order by President Bernstein at 7:30am.

APPROVAL OF MINUTES Kramper moved that the minutes of April 11, 2019 be approved. Seconded by Jesse. Motion Approved Unanimously.

BUSINESS ITEMS Approve a Recommendation to the City Council to Approve plans and specifications for the Tax- iway Charlie South Reconstruction Project at Sioux Gateway Airport/Brigadier General Bud Day Field.

A Motion to Approve a Recommendation to the City Council to Approve plans and specifications for the Taxiway Charlie South Reconstruction Project at Sioux Gateway Airport/Brigadier Gen- eral Bud Day Field was made by Kramper and Seconded by Schneiderman. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve Change Order No. 1 with Knife Riv- er Midwest for change of dates in connection the Airport Runway 17/35 Reconstruction and Shift Project AIP 053/ AIP 055.

A Motion to Defer agreement to the June Board Meeting was made by Schneiderman and Se- conded by Kramper. Motion Approved Unanimously to Defer.

Approve an Air Show Consulting Services Agreement with Kern and Kompany for a potential 2021 SUX Air Show at Sioux Gateway Airport.

A Motion to Approve an Air Show Consulting Services Agreement with Kern and Kompany for a potential 2021 SUX Air Show at Sioux Gateway Airport; subject to staff receiving reference from a current client of Kern and Kompany was made by Schneiderman and Seconded by Kramper. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve a Consulting Services Agreement with Cannon Moss for the design and construction administration in the amount of $33,300 for the Terminal Floor Improvement Project.

A Motion to Approve a Recommendation to the City Council to Approve a Consulting Services Agreement with Cannon Moss for the design and construction administration in the amount of $33,300 for the Terminal Floor Improvement Project was made by Kramper and Seconded by Kaplan. Motion Approved by all except for Bernstein who opposed.

DISCUSSION Construction Projects Update: Contractor is on day 38 and on schedule; weekly construction meetings, and dates for the displaced threshold of June 24 – Aug 9 and full shutdowns for Aug 15-18, Aug 23-25 and a weekend yet to be determined in September. Feedback received from the FAA and American Airlines will determine this weekend. The 185ARW is scheduled to replace their Paint Facility Ramp during the displaced threshold time frame. Trego Dugan: Dual operations (on the ground at the same time) for the ORD and DFW after- noon flights started May 3. 15 employees are now on the payroll at this time. Parking: Parking report has been updated to show times of arrivals and departures and how long the stays are by hours/days. Updates to the parking reports was discussed. Air Show: December is the key date to see if we have a major act. Facebook Feedback: Discussion of leveraging sponsorships for additional promotions.

FINANCIAL REPORT- SUX is on track / ahead of last year. Landing field did have a higher cost due to the winter weather for airfield de-icing chemicals.

MARKETING- Generally, we are up 5% over last year. We added the additional flight in Sep- tember and that is the main reason we are up. RFPs for marketing are due tomorrow for terminal advertising.

Board Concerns- Website. United Airlines has given notice that they will no longer do business with Expedia.

SET DATE FOR NEXT MEETING- The next meeting is scheduled to take place on June 13, 2019 at 7:30am.

ADJOURNMENT There being no other business, a motion to adjourn at 8:23 a.m. was made by Kramper and seconded by De Jong. Approved unanimously

Vincent J. Kramper Secretary

AIRPORT BOARD OF TRUSTEES REGULAR MEETING June 13, 2019

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

MEMBERS PRESENT STAFF OTHER Darrell Jesse Mike Collett, Assistant City Manager Darren Christopher Dave Bernstein John Backer, Operations Manager Brian Crichton Rita De Jong Amber Hegarty, Assistant City Attorney Craig Ellerbroek Vince Kramper Melissa Uhl, Airport Administrative Asst. Barbara Sloniker Noelle Jacobs David Zimmerman Larry Finley MEMBERS ELECTRONIC MEMBERS ABSENT Lori Pierson Dave Kaplan Angie Schneiderman Nancy Evans Dan Munch

CALL OF THE ROLL The Airport Board meeting was called to order by President Bernstein at 7:30am.

APPROVAL OF MINUTES Kramper moved that the minutes of May 9, 2019 be approved. Seconded by DeJong. Motion Approved Unanimously.

BUSINESS ITEMS Approve an Advertising Policy, and Approve a Recommendation to the City Council to Approve a Concession Agreement with ACE Airport Media at Sioux Gateway Airport/Brigadier General Bud Day Field.

A Motion to Approve the Amended Advertising Policy was made by Kramper and Seconded by Jesse. Motion Approved Unanimously. A Motion to Approve a Recommendation to the City Council to Approve a Concession Agreement with ACE Airport Media at Sioux Gateway Air- port/Brigadier General Bud Day Field was made by Kramper and Seconded by DeJong. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Apply for an FAA Grant for the Taxiway C South Reconstruction Project at Sioux Gateway Airport/Brigadier General Bud Day Field.

A Motion to Approve a Recommendation to the City Council to Approve the FAA Grant Applica- tion was made by Kramper and Seconded by Jesse. Motion Approved Unanimously.

Approve a Recommendation to the City Council to Approve plans and specifications for the Air- port Fuel Tank Replacement Project at Sioux Gateway Airport/Brigadier General Bud Day Field.

A Motion to Approve a Recommendation to the City Council to Approve plans and specifications for the Airport Fuel Tank Replacement Project at Sioux Gateway Airport/Brigadier General Bud Day Field was made by Kramper and Seconded by Jesse. Motion Approved Unanimously.

Approve Change Order No. 1 with Knife River Midwest for the phasing modifications in connection with the Airport Runway 17/35 Reconstruction and Shift Project AIP 053/ AIP 055.

A Motion to Approve Change Order No. 1 with Knife River Midwest for the phasing modifications in connection with the Airport Runway 17/5 Reconstruction and Shift Project AIP 053/AIP 055 was made by Kramper and Seconded by DeJong. Motion Approved Unanimously.

Approve Change Order No. 2 with Knife River Midwest for the removal and replacement of pcc pavement at the intersection of Taxiway A/F in the amount of $160,008 using local funds in connection with the Airport Runway 17/35 Reconstruction and Shift Project.

A Motion to Approve Change Order No. 2 with Knife River Midwest for the removal and replacement of pcc pavement at the intersection of Taxiway A/F in the amount of $160,008 using local funds in connection with the Airport Runway 17/35 Reconstruction and Shift Project AIP 053/AIP 055 was made by Kramper and Seconded by Jesse. Motion Approved Unanimously.

DISCUSSION Construction Projects Update: Contractor is on day 73 of the 17/35 Project and is on schedule for the most part; will see an increase in construction activity by the end of June; dates for the displaced threshold are June 24 – Aug 9 and full shutdowns scheduled for Aug 15-18, Aug 23- 25 and September 14-15. CBMA is here with carpet samples for review in connect with the design of the terminal flooring project. Trego Dugan: There has been a few delays this month due to weather and will limit seating available during the displaced threshold period. Another hiring event took place as Trego continues to fill positions. Staff continues to make it through with dual operations. Parking: Gate A is down and have Engineering Controls scheduled to make repairs. Air Show: Met with Consultant, prepared the application and it’s currently sitting with flight standards in Des Moines. The application will be completed by the end of June.

FINANCIAL REPORT- SUX is in good position with 11 out of 12 months complete. Currently ahead of budget and PFC’s, expecting to finish strong.

MARKETING- Generally, we are up 11% for the month, and 15% year-to-date. Kaplan dropped off call 07:59am. Expedia campaign started in the last couple of weeks and will be getting monthly reports from campaign.

BOARD CONCERNS- Grass looks nice and staff continues to keep up with grounds. Concrete has been noticed recently when the farmer is cutting alfalfa.

SET DATE FOR NEXT MEETING- The next meeting is scheduled to take place on July 11, 2019 at 7:30am.

ADJOURNMENT There being no other business, a motion to adjourn at 8:11 a.m. was made by Kramper and seconded by Jesse. Approved unanimously

Vincent J. Kramper Secretary

ACTIVE TRANSPORTATION ADVISORY COMMITTEE MEETING MINUTES June 19, 2019

A meeting of the Sioux City Active Transportation Advisory Committee was held this date at 4:00 p.m. at Long Lines Family Recreation Center, 3rd Floor Conference Rm, 401 Gordon Drive.

MEMBERS PRESENT MEMBERS ABSENT STAFF MEMBERS Korey Smith Bob DeSmidt Erin Berzina, Planning Angela Drent Michelle Bostinelos Bill Melville, SCPD Judy Bonertz Kurt Frank, Streets Signs and Signals Mike Johnson Matt Salvatore, Parks and Recreation Lili Madrid

1. Call to Order Erin Berzina, Staff, called the meeting to order at approximately 4:09 p.m.

2. Approval of Minutes from the May 22, 2019 Meeting Staff provided copies of minutes from the May 22, 2019 meeting. Drent (Johnson) moved to approve the minutes. Motion carried. (5-0).

Korey Smith entered the meeting at 4:11 p.m.

3. Draft 2019 Work Plan Revisions Staff amended the document with revisions collected by the group at the May 22nd meeting to include sidewalk waiver reviews, an ordinance amendment to include pedestrian walkways from rights-of-way to storefronts in commercial areas. The group previously discussed including Kurt Frank of the City Signs and Signals Division as they talk about adding signalized or signed trail crossings, especially along the Floyd River corridor. Frank addressed the cost of adding signalized crossing vs. some type of warning signage and pavement mark- ings. He informed the group that there used to be stop signs at many of those intersections, but they were taken down by public requests. Frank also informed the group that several of the crossing streets are scheduled in the CIP for improvements in the coming years. Trail crossing improvements may be possible in conjunction with those improvements. Staff presented a draft timeline for implementation of the work plan, as suggested by the group. Bike lane ordinance changes and the Bike/Ped/Trail Master Plan are emphasized as priority projects. Staff will begin work on the Bike/Ped/Trail Master Plan program for adoption in 2020.

4. Bike Lane Ordinance Changes Update The group reviewed a draft of proposed changes developed by staff to the bicycle section of the Municipal Code, 10.52., to incorporate bike lane language as the addition of bike lanes to city infrastructure moves forward. The group also discussed changing the Code to allow bicycles on sidewalks in school zones, defining the term “business zone” as related to no bicycles allowed on sidewalks, and including language that allows for bicycles on interstate in- terchanges if a trail-width sidewalk is provided. Berzina and Melville will meet to review other sections of the Municipal Code that may be affected by bike lanes, as well as review Iowa State Code compliance. The group suggested sending a final draft of the proposed changes to the Iowa Bicycle Coalition to review. Staff suggested inviting Ragen Cote to the next meeting to discuss the boundary of the “business zone” as related to the downtown.

Drent exited the meeting at 4:24 p.m.

Melville entered the meeting at 4:25 p.m.

Salvatore exited the meeting at 4:37 p.m.

5. “Missing Pieces” Field Trip This item will be discussed at the July meeting.

6. Roundtable / Future Agenda Items / Other Business Salvatore reminded the group that the next Hamilton Blvd Bike Lanes public meeting is next Tuesday, June 25th at 7:00 p.m. in the City Hall Council Chambers.

Staff informed the group of a new project proposed by the Sioux City Heritage Trolley Asso- ciation (Sioux City Trolley) to install a downtown trolley line, and will serve on the Board as a representative of city staff. Staff will keep the group informed as the project progresses.

Frank informed the group that he contacted the current street painting contractor just to get a cost estimate of painting bike lanes every year. The estimated cost is $300 per lane, per block, per year. Assuming bike lanes on both sides as is required, the would be an annual cost of approximately $9,000 per mile of bike lanes installed. The current budget only allows for 80% of the streets to be repainted each year, so the ongoing maintenance of bike lanes would need to be addressed in the city’s budget.

The group discussed rails-to-trails projects in the Des Moines area and the possibility of those projects in Sioux City. The majority of abandoned railroad right-of-way in the area has been sold to private parties, but the group will look at opportunities to capitalize on rails-to- trails options in the future.

7. Adjourn

The meeting concluded 5:22 p.m. The next scheduled meeting will be held July 17, 2019 at the Long Lines Family Rec Center, 3rd Floor Conference Room, at 4:00 p.m.

______Michelle Bostinelos, Chair

______Bob DeSmidt, Vice-Chair

EVENTS FACILITIES AND TOURISM ADVISORY BOARD MEETING MINUTES JUNE 7, 2019

A meeting of the EVENTS FACILITIES AND TOURISM ADVISORY BOARD was held at 12:00 p.m., at City Hall, Lower Level Conference Room, 405 6th Street.

BOARD PRESENT STAFF PRESENT OTHERS Bruce Miller Alex Watters, City Council Mark Baltushis Enzo Carannante, Tyson Events Center Tim Bottaro Rick Lecy, Convention Center Susan Unger Anne Lee, Delta Hotel Lila Plambeck Jim Steele, South Sioux City, NE Barbara Sloniker BOARD ABSENT Rick Motz Tim Seaman John Meyers

CALL OF THE ROLL – Meeting was called to order by Chairman Bruce Miller.

1. Approval of May 3, 2019 Minutes: • Minutes approved on a motion by Rick Motz seconded by Alex Watters; all voting aye.

2. Facility Updates • Rick Lecy provided a report on the Convention Center. Construction is in full swing. Ramp and hotel are moving along. The parking ramp and Convention Center are expected to be completed in mid-October and the Courtyard is expected to be finished in November. Weddings for next year are going well, people like the idea of an “all-in-one” venue. It is a little slower now, however, with all of the construction. • Enzo Carannante provided an update on the Tyson Events Center and Orpheum Theatre. May was busy with graduations, wrapping up Broadway, Kelsea Balleri- ni, and the Beach Boys. TEC is looking to host a youth wrestling tournament in January. Working on BIG Parade and Mardi Gras Festivale. Tourist in Your Own Town is off to a good start and wraps up on July 31.

3. Regional CVB Update • Jessica Johnson has been in contact Dale Tigges and is working to finalize the Articles of Incorporation for the Sioux City Regional Convention and Visitors Bu- reau. Still waiting for sample contracts of hotelier contracts – Lila, Mark and Jes- sica will see what they can find from other CVBs/communities.

• The Sioux City Regional CVB will have a Board of Directors comprised of city representatives, hoteliers and large tourism related entities/events. The first step of the CVB is to establish the actual entity. To do that there has to be a BOD. We tried to make it representative of the community/region. Once formed the BOD can make changes and as more communities and others become involved this may change. The initial Board of Directors will include:

Member Representation Barbara Sloniker Chamber of Commerce Lila Plambeck Hospitality Tim Savona Spectra/Tyson Events Center/Orpheum Dave Bernstein SITP Corey Westra Sports Commission/NAIA Rick Lecy Kinseth/Hospitality Anne Lee Hospitality/South Sioux City Mark Baltushis Hospitality Andrew Nilges North Sioux City, SD Jim Steele South Sioux City, NE Alex Watters City of Sioux City, IA

• Once the Articles of Incorporation are finalized the new Regional CVB Board will meet and move forward with establishing the CVB (location, hiring staff, contracts with hotels, communities, etc.) The EFTAB will serve as an advisory board to the Sioux City Regional CVB Board and will work to ensure the City of Sioux City’s investment in the CVB as well as the investment of the Sioux City hotels are see- ing a return.

4. Other Items: • Tim Seaman has resigned from the Events Facilities and Tourism Advisory Board. Tim stated that he no longer had the time available to fully commit to serv- ing on the board. • Next meeting will be July 12 – Lower Level Conference Room of City Hall in Sioux City, Iowa. This will be a Joint Meeting with City Council.

5. Adjournment The meeting was adjourned at 12:34 p.m., on a motion by Mark Baltushis, seconded by Lila Plambeck; all voting aye.

Respectfully submitted: Jessica Johnson, Projects Management Specialist

Bruce Miller, EFTABoard President Jessica Johnson, Projects Management Specialist

SIOUX CITY PUBLIC MUSEUM BOARD OF TRUSTEES REGULAR MEETING July 12, 2019

A meeting of the Sioux City Public Museum Board of Trustees was held Friday, July 12, 2019 at 12:00 p.m. at the Sioux City Public Museum.

MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT Katie Colling Steve Hansen Amy DeGroot-Hammer Priscilla Forsyth Greg Giles Bruce Lear Ben Nesselhuf Dave Somsky

CALLED TO ORDER: Chairperson Colling called the meeting to order at 12:04 p.m.

MINUTES: Giles made a motion to approve the minutes of May 10, 2019. The motion was seconded by Lear and passed unanimously.

FINANCIAL REPORT: Hansen presented an overview of the fiscal year ending budget. Somsky made a motion to approve the financial report. The motion was seconded by Forsyth and passed unanimously.

OLD BUSINESS:

Museum Facilities: Hansen reported the Museum experienced a pinhole leak in the overhead sprinkler system in the temporary gallery. Continental Sprinkler patched the hole but still needs to return to provide a permanent fix. The Museum lost one image and damage was done to the wall area along with several carpet squares. Hansen stated a new 8-speaker sound system has been installed in the temporary gallery which will help expand programming. Hansen noted the AC is not working at the Peirce Mansion but no events are scheduled for this week. The Wel- come Center recently had an over-night security alarm call caused by a racoon that got into the facility.

Exhibits and Events: Hansen reported the Museum partnered with KSCJ on a Classic Car Calendar. The Museum’s annual car show is advertised on the calendar and the Museum’s logo has good placement throughout. The car show will be held on the grounds of the Welcome Center on Sunday, July 14 from 11-3 p.m. Hansen and Association President Terry Gottburg have recently done three radio promos covering the car show and various other events. Han- sen noted the Friday night Downtown Live events on the Museum plaza have been well attended. Colling noted she attended the Tastes and Sounds of Brazil event and noted it was a fun night with an interesting program. Hansen noted the next History at High Noon program will be held on July 18 with the topic being Flight 232, coinciding with the 30th Anniversary. Hansen stated staff is continuing to work on the sports exhibit. Hilferty is expected to present conceptu- al designs to us by the end of the day and a conference call will be held with staff at the end of the month. Another NEH on the Road traveling exhibit, Away from Home, has recently been booked.

City Council Joint Meeting: Hansen reported the Joint City Council meeting will be held on Wednesday, August 7, 2019 at noon. The format will be the same as that used in past years. Hansen will email information to the board prior to the meeting. The Trustees will hold a brief meeting prior to the Joint meeting at 11:30 a.m.

NEW BUSINESS:

Closed Session: Nesselhuf made a motion at 12:30 p.m. to enter into closed session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session. The motion was seconded by Somsky and passed unanimously.

Open Session: Nesselhuf made a motion to return to open session at 12:51 p.m. The motion was seconded by Giles and passed unanimously.

ADJOURNMENT: Nesselhuf made a motion to adjourn the meeting with a seconding motion by Giles. Motion carried unanimously. Chairperson Colling adjourned the meeting at 12:54 p.m.

Respectfully submitted,

Steve Hansen, Museum Director

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES MEETING MINUTES June 19, 2019

The Parking and Skywalk System Board of Trustees met at 9:00 a.m. on Wednesday, June 19, 2019, in the 3rd Floor Conference Room, Ho-Chunk Centre, 600 4th Street, Sioux City, Iowa.

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

CALL TO ORDER

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

MINUTES

Motion by Avery, seconded by Rosacker, to approve the minutes of May 22, 2019; all voting aye.

REPORTS & COMMUNICATIONS

Skywalk Operations – Harbeck stated that window replacement will begin June 27th. Harbeck conducted a walk-through for cleaning contract bidders. The only contractors in attendance are based out of town.

Parking Operations – Harbeck reported that the engineer’s estimate for the Heritage Parking Ramp repairs was $193,000. Western Specialty Contractors submitted the low bid of $187,468 and will begin repairs in September.

Downtown Informational Report – Cote reported that interviews begin for an available position at Downtown Partners on June 20th. Cote announced a litter campaign to maintain the beauty of downtown. Lighting on 4th street is ongoing to increase public safety and eventually connect downtown to the riverfront. Wayfinding is pending potential funding from Iowa Great Places. Cote shared the following upcoming downtown events: Downtown Live: Fridays in front of the Public Museum Mardi Gras and the Big Parade: July 5, 2019 Rib Fest – June 22, 2019 Alley Art Festival – September 14, 2019

ABM Parking Services Report – Pierson reported break-ins and thefts have been an issue. A wash-down is scheduled for this evening at Heritage Ramp. Discussion was held regarding the possibility of cameras at ramp exits to sway drivers from driving through without payment and causing property damage.

Skywalk Security Update – First Class Security – Braunger stated that the heat appears to be on in a portion of the skywalk. Harbeck reported that crews are working on the issue.

UNFINISHED BUSINESS

Parking Rates – Carney stated that Council requested other options. Carney contacted the City of Davenport to obtain revenue information regarding their parking structure. Carney does not believe moving to Davenport’s model will replace lost revenue needed for repairs and projects. Harbeck stated she would need to increase staff under a plan like Davenport’s which would require license plate recognition and a two-hour time limit rather than meters. Carney will defer the parking rate ordinance again to allow for more time while Carney, Harbeck, and Cote meet to compile proposals and data.

US Bank Access – Braunger stated that skywalk elevator access is still closed at US Bank during the skywalk hours of 6 pm to 10 pm. Harbeck will reach out to building contacts again but has had no response to previous attempts.

NEW BUSINESS

Approval of costs and distribution to properties for May 2019 – Motion by Reinders, seconded by Rosacker, to approve the costs and distribution to properties for May 2019; all voting aye.

Art Work/Alex Watters’ Idea – Cote presented Councilman Watters’ request for more art in the skywalks. Cote noted she would be concerned about vandalism. Reinders suggested speaking with other schools in the area to match the work of West Middle School. Cote stated she would like to have a system of review/approval in place for art selection. Harbeck will look into the cost of window art.

ADJOURNMENT

Being no further discussion, it was motioned by Rosacker, seconded by Avery, to adjourn the meeting at 10:06 a.m.; all voting aye.

SENIORS ADVISORY COMMITTEE MEETING MINUTES JULY 23, 2019

Call to Order – A meeting of the Seniors Advisory Committee was called to order at 3:30 p.m. on Tuesday, July 23, 2019, at City Hall, 405 6th St. in the City Manager’s Conference Room, Room 209.

MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT Ann Brodersen, Chair Shirley McLeod Michelle Brady, Staff Cheryl Prather Jeff Harcum, Jean Carlson Transit Operations Supervisor Neil Peck Dan Moore, City Council Daniel Burrows, Vice Chair Douglas Lehman

Minutes June 25, 2019 – The Seniors Advisory Committee accepted the June 25, 2019 minutes.

Jeff Harcum, Transit Operations Supervisor – Jeff Harcum provided the committee with an overview of the city’s public transit. Sioux City’s transit system is one of 3,500 public transits within the country and it operates six days a week from 6:00 am to 6:00 pm. They have a $5.5 million budget and run 28 large buses, 12 cutaway vans and contract with the Siouxland Regional Transit System (SRTS) for paratransit service. The transit system is highly subsidized by the city and with federal funding. The cost to residential homeowners comes to $35-$45 per year in property taxes. Most of the riders, about 80%, are low income, non-drivers, and 25-30% of the riders are seniors. There were 840,000 rides last year and some years it reaches one million. The base cost for a one-way ride is $1.80 per adult but those with disabilities or are 62 years or older can pay $0.90. It costs about $6-$7 per mile to operate a bus. Transit does operate a Nights & Weekend Voucher Program that is available for qualified riders, where for $7 one way they can obtain a voucher that they can use with area taxis after 6 at night and on weekends.

Agenda Discussion for Joint City Council August Meeting – The committee will be having their August meeting with the City Council at a joint meeting on Wednesday, August 28, 2019, at 12:00 noon, in the lower level conference room. Ann Brodersen will prepare a power point and send it out to the committee members ahead of time for comment.

Public Service Announcements Committee Report – Dan Burrows reported that he has been having difficulty connecting with the Explorers baseball club to talk about doing a public service announcement (PSA) and doing some sort of promotion with senior citizens. Other members had suggestions and offered to assist with contacting the organization.

2018 Senior Survey Work Plan Outcomes – Michelle Brady distributed the updated work plan. Future speakers include someone to talk about the housing market in Sioux City.

Other Items / Information: Solid Waste Discontinued Discount Funds – Dan Moore reported that the additional funds from the discontinued solid waste discount were going to Gill Hauling.

Cable Franchise Tax – Dan Moore reported that the cable franchise tax is paid to the state and the state then pays it to the city into the general fund.

Next Meeting Date – The next meeting will not be held on the usual Tuesday but on Wednesday, August 28, 2019, at 12:00 noon in the Lower Level Conference Room as a joint meeting with the City Council.

Adjournment – Jean Carlson moved and Dan Burrows seconded a motion to adjourn at 4:40 pm. Motion was unanimously approved.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 15 Dan Moore, Mayor Pro Tem FROM: Nicole M. DuBois, City Attorney

Hearing and Resolution approving proposal to sell certain real property SUBJECT: and authorizing a city deed (3251 Dearborn Boulevard) (Petitioner: Douglas T. Waples and Susan L. Waples) (Purchase Price: Mutual Benefits)

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

RECOMMENDATION: The City Council is requested to conduct a public hearing and approve the sale of the property at 3251 Dearborn Boulevard to Douglas T. and Susan L. Waples.

DISCUSSION: On July 15, 2019, pursuant to Resolution No. 2018-0567, the City Council approved a Re- lease and Settlement Agreement with Douglas T. Waples and Susan L. Waples arising out of claims made by them against the City relating to the Dearborn Boulevard Bridge over Perry Creek Project.

One of the terms of the Settlement and Release was to deed the City property located at 3251 Dearborn Boulevard to them. The action on today’s agenda will fulfill that obligation.

FINANCIAL IMPACT: Reduce the Annual Bridge Repair Fund by $6,390 (Fund Number 719138).

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Not recommended.

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING PROPOSAL TO SELL CERTAIN REAL PROPER- TY AND AUTHORIZING A CITY DEED (3251 DEARBORN BOULEVARD) (PE- TITIONER: DOUGLAS T. WAPLES AND SUSAN L. WAPLES) (PURCHASE PRICE: MUTUAL BENEFITS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to sell the following described real property in Resolution No. 2019-0568, passed and approved July 15, 2019:

All that part of Lot 10 of E.S. Gaynor Addition to Sioux City, Woodbury County, Iowa, described as follows:

Beginning at the Northeast corner of said Lot 10; thence N 88°02’18” W along the North line of said Lot 10 for 119.32 feet; thence S 02°10’43” W along the West line of said Lot 10 for 59.98 feet to the Southwest corner of said Lot 10; thence Northeasterly along a 284.77 foot radius curve concave Northwesterly for a curve length of 135.01 feet and having a delta of 27°09’49” to the point of beginning, said curve having a chord distance of 133.75 feet and a chord bearing of N 65°19’02” E. Containing an area of 4290.48 square feet; and

WHEREAS, a public hearing was held on said proposal on August 5, 2019, pursuant to published notice given as provided by law; and

WHEREAS, the City Council has heard all the objections to said proposal, but believes selling of the real property is in the public interest; and

WHEREAS, a city deed prepared in accordance with the previously approved Release and Set- tlement Agreement passed and approved by the City Council on July 15, 2019, pursuant to Reso- lution No. 2019-0567, is attached hereto and by this reference made a part hereof.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that all objections to the proposed sale of the real estate described in the preamble hereof, be and the same are hereby overruled.

BE IT FURTHER RESOLVED, that the above described real property be sold to Douglas T. Waples and Susan L. Waples in accordance with the terms and conditions set forth in Resolu- tion No. 2019-0568, passed and approved July 15, 2019.

BE IT FURTHER RESOLVED that the city deed attached hereto conveying said property to Douglas T. Waples and Susan L. Waples, be and the same is hereby approved as to form and content and the Mayor and City Clerk authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said city deed and the costs incurred in this sale that the city deed be delivered to the purchasers.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Waples Sale 2 (3251 Dearborn Blvd.).Docx

______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

ADDRESS TAX STATEMENT: Douglas T. Waples and Susan L. Waples 3255 Dearborn Boulevard, Sioux City, Iowa 51104

CITY DEED

KNOW ALL MEN BY THESE PRESENTS:

That the City of Sioux City, Iowa, a municipal corporation, of the County of Woodbury, and State of Iowa, by its Mayor thereunto duly authorized, as hereinafter set forth, in consideration of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by Douglas T. Waples and Susan L. Waples of the County of Woodbury and State of Iowa, does hereby release, remise, convey and quit claim unto the said Douglas T. Waples and Susan L. Waples, husband and wife as joint tenants with right of survivorship and not as tenants in common, all its right, title and interest in and to the following described premises situated in the County of Woodbury and State of Iowa, to-wit:

All that part of Lot 10 of E.S. Gaynor Addition to Sioux City, Woodbury County, Iowa, described as follows:

This deed is subject to the right of the City of Sioux City, Iowa, to use said real estate in connection with the operation, maintenance, and replacement of any presently existing and installed public utility, above, below or beneath the ground, and subject to the same right on the part of public utility companies operating under franchise or special permit in the City of Sioux City, Io- wa.

This deed is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provisions of which and in accordance herewith, this deed is executed and delivered.

IN WITNESS WHEREOF, the City of Sioux City, Iowa, has caused these Presents to be signed by its Mayor and the seal of said City duly attested by the City Clerk hereunto affixed this 5th day of August 2019.

CITY OF SIOUX CITY, IOWA

BY: ______Robert E. Scott, Mayor

ATTEST: ______Lisa L. McCardle, City Clerk

STATE OF IOWA ) : ss WOODBURY COUNTY)

On this 5th day of August, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, and, who, being by me duly sworn, did state that they are the Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Resolution No. 2019-______passed on the 5th day of August, 2019, and that Robert E. Scott and Lisa L. McCardle acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City.

BY: ______Notary Public in and for Iowa

Exempt from Transfer Tax pursuant to Chapter 428A.2(6).

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 16 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution accepting the proposal of the United States of America, of Washington, D.C. for the purchase of certain land in the Donner SUBJECT: Park Urban Renewal Area and authorizing sale of said property. (property located in the 6200 block of Harbor Drive (old Harbor Drive alignment))

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 the proposed resolution.

DISCUSSION: On the agenda for Monday the City Council will be asked to conduct a public hearing and approve the proposal to transfer certain real property in connection with the Harbor Drive Rea- lignment Project. Pursuant to Resolution No. 2013-0410 dated May 20, 2013, the City of Sioux City, Iowa, and the United States of America, of Washington, D.C., acting by and through the Department of the Air Force and the National Guard Bureau, are owners of real estate in the vicinity of Harbor Drive at the Sioux Gateway Airport/Brigadier General Bud Day Field and they desire to exchange real estate in order to further the City’s purposes of the Harbor Drive Realignment Project. The Real Estate Exchange Agreement stated the United States of America (National Guard) and the City would each deed 3.966 acre tracts of land to each other. The old Harbor Drive alignment which was vacated by Ordinance 2013-0821 dated November 4, 2013 will be deeded by the City to the United States of America (National Guard) and the United States of America (National Guard) will deed the property where the new Harbor Drive is located to the City. Both subject properties are located in the Donner Park Urban Renewal Area.

The resolution on Monday’s agenda authorizes the issuance of a city deed to the United States of America, of Washington D.C.

FINANCIAL IMPACT: Mutual Benefits

RELATIONSHIP TO STRATEGIC PLAN: Infrastructure Vision: We will invest in infrastructure to attract and retain business, spur residential growth and increase quality of life.

ALTERNATIVES: Do not approve the resolutions.

ATTACHMENTS: Proposed Resolution Exchange Agreement Aerials

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE PROPOSAL OF THE UNITED STATES OF AMERICA, OF WASHINGTON, D.C. FOR THE PURCHASE OF CERTAIN LAND IN THE DONNER PARK URBAN RENEWAL AREA AND AUTHORIZING SALE OF SAID PROPERTY. (PROPERTY LOCATED IN THE 6200 BLOCK OF HARBOR DRIVE (OLD HARBOR DRIVE ALIGNMENT))

WHEREAS, in furtherance of the objectives of Chapter 403 of the Code of Iowa, the City of Sioux City, Iowa, has undertaken a program of redevelopment of blighted areas and economic development in the City, and in this connection, has instituted the Donner Park Urban Renewal Area; and

WHEREAS, Chapter 403 of the Code of Iowa authorizes the City to invite proposals from all interested parties for the purchase of land in an urban renewal area by publishing public notice of its intent to receive and accept any such proposal; and

WHEREAS, the United States of America, of Washington, D.C. has submitted a proposal to the City for the purchase of the following described property in the Donner Park Urban Renewal Area:

A vacated parcel of land located in the E ½ of Section 36, T-88N, R-48W & the W ½ of Section 31, T-88N, R-47W of the 5th principal meridian, City of Sioux City, County of Woodbury, Iowa. Said parcel being more particularly described as follows:

COMMENCING at the NW corner of said section 31; thence S01°16’08”W (an assumed bearing) along the west line of said NW ¼ 994.90 feet; thence N87°22’00”W 20.49 feet to the point of beginning; thence continuing N87°22’00”W 12.51 feet to the westerly R.O.W. line of Harbor Drive; thence S01°16’07”W along said westerly R.O.W. line 1653.97 feet to the south line of the NE ¼ Section 36-88-48; thence S01°52’45”W along said westerly R.O.W. line 1041.65 feet; thence S88°07’14”E 65.99 feet to the easterly R.O.W. line of Har- bor Drive; thence N01°52’43”E along said easterly R.O.W. line 1042.28 feet to the north line of the SW ¼ Section 31-88-47; thence N01°16’07”E along said easterly R.O.W. line 1471.96 feet; thence on a curve concave northeasterly, having a radius of 2072.47 feet, chord bearing N15°07’43”W and chord distance of 189.48 feet to the point of beginning.

Said parcel contains 3.966 acres, more or less; and

WHEREAS, pursuant to Resolution No. 2019-0614 passed and approved by the City Council on July 22, 2019, the City indicated its intent to accept said proposal of the United States of America, of Washington, D.C., established a date and time for the submission of proposals by other interested parties, established a date and time for a hearing accepting such proposals, and authorized the publication of notice of such invitation, intent and hearing; and

WHEREAS, a hearing was held on the proposals so submitted and the City Council being fully advised in the premises is of the opinion and belief that it would be in the best interests of the City to accept the proposal of the United States of America, of Washington, D.C. for the purchase of said property and that accepting such proposal is in the public interests; and

WHEREAS, a city deed has been prepared for the purchase of said property pursuant to the terms of said proposal and should be approved as to form and content.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the city deed attached hereto providing for the sale of said property to the United States of America, of Washington, D.C. is hereby approved as to form and content and the Mayor and City Clerk be and they are hereby authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said city deed and the costs incurred in this sale that the city deed be delivered to the United States of America, of Washington, D.C.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Urban Renewal Sale 2 (United States Of America).Docx

______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

ADDRESS TAX STATEMENT: The United States of America, of Washington, D.C. AFCEC/CI, 2261 Hughes Avenue, Suite 155, JBSA Lackland TX 78236

CITY DEED

KNOW ALL MEN BY THESE PRESENTS:

That the City of Sioux City, Iowa, a municipal corporation, of the County of Woodbury, and State of Iowa, by its Mayor thereunto duly authorized, as hereinafter set forth, in consideration of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by The United States of America, of Washington, D.C. of the County of Woodbury and State of Iowa, does hereby release, remise, convey and quit claim unto the said The United States of America, of Washington, D.C., all its right, title and interest in and to the following described premises situated in the County of Woodbury and State of Iowa, to-wit:

Said parcel contains 3.966 acres, more or less.

This deed is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provisions of which and in accordance herewith, this deed is executed and delivered.

CITY OF SIOUX CITY, IOWA

BY: ______Robert E. Scott, Mayor

ATTEST: ______Lisa L. McCardle, City Clerk

STATE OF IOWA ) : ss WOODBURY COUNTY)

BY: ______Notary Public in and for Iowa

Exempt from Transfer Tax pursuant to Chapter 428A.2(6).

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 17 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution approving proposal to sell certain real property and authorizing a city deed (that part of vacated Rustin Street abutting SUBJECT: 1203 Rustin Street) (Petitioner: Bernard Bahmer) (Purchase price: $3,900.00 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 the City Council will be asked to conduct a public hearing and approve the proposal to sell that part of vacated Rustin Street abutting 1203 Rustin Street to Bernard Bahmer. This portion of street was vacated by Ordinance No. 2018-0519 on June 25, 2018. Mr. Bahmer owns the abutting properties and would like to add the vacated right of way to the property that he owns.

The resolution on Monday’s agenda authorizes the issuance of a city deed to Bernard Bahmer.

FINANCIAL IMPACT: The amount of $3,900.00 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. 2019 - ______with attachments

RESOLUTION APPROVING PROPOSAL TO SELL CERTAIN REAL PROPER- TY AND AUTHORIZING A CITY DEED (THAT PART OF VACATED RUSTIN STREET ABUTTING 1203 RUSTIN STREET) (PETITIONER: BERNARD BAHMER) (PURCHASE PRICE: $3,900.00 PLUS COSTS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to sell the following described real property in Resolution No. 2019-0615, passed and approved July 22, 2019:

All that part of vacated Rustin Street lying between the south line of Lot 7, Block 9, Booge & Taylor’s Addition extended west and the north line of Out Lot 51, Cole’s Outlots, extended east, all in Sioux City, in the County of Woodbury, and the State of Iowa. Contains approximately 15,626 square feet more or less; and

WHEREAS, a public hearing was held on said proposal on August 5, 2019, pursuant to published notice given as provided by law; and

WHEREAS, the City Council has heard all the objections to said proposal, but believes selling of the real property is in the public interest; and

WHEREAS, a city deed prepared in accordance with the previously received “Offer To Pur- chase” is attached hereto and by this reference made a part hereof.

BE IT FURTHER RESOLVED, that the above described real property be sold to Bernard Bahmer in accordance with the terms and conditions set forth in Resolution No. 2019-0615, passed and approved July 22, 2019.

BE IT FURTHER RESOLVED that the city deed attached hereto conveying said property to Bernard Bahmer, be and the same is hereby approved as to form and content and the Mayor and City Clerk authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said city deed and the costs incurred in this sale that the city deed be delivered to the purchasers.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Bahmer Sale 2 (Abutting 1203 Rustin St.).Docx

______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

ADDRESS TAX STATEMENT: Bernard Bahmer, 1203 13th Street, Sioux City, Iowa 51105

CITY DEED

KNOW ALL MEN BY THESE PRESENTS:

That the City of Sioux City, Iowa, a municipal corporation, of the County of Woodbury, and State of Iowa, by its Mayor thereunto duly authorized, as hereinafter set forth, in consideration of the sum of THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($3,900.00) in hand paid by Bernard Bahmer of the County of Woodbury and State of Iowa, does hereby release, remise, convey and quit claim unto the said Bernard Bahmer, all its right, title and interest in and to the following described premises situated in the County of Woodbury and State of Iowa, to- wit:

This deed is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provisions of which and in accordance herewith, this deed is executed and delivered.

CITY OF SIOUX CITY, IOWA

BY: ______Robert E. Scott, Mayor

ATTEST: ______Lisa L. McCardle, City Clerk

STATE OF IOWA ) : ss WOODBURY COUNTY)

BY: ______Notary Public in and for Iowa

Exempt from Transfer Tax pursuant to Chapter 428A.2(6).

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 18 FROM: Caleb C. Christopherson, Assistant City Attorney

Ordinance amending Chapter 8.24 entitled “Offenses relating to Property” SUBJECT: of the Sioux City Municipal Code to amend the ranges of dollar values for criminal mischief and theft in the fifth degree.

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

RECOMMENDATION: Staff respectfully requests the City Council amend the municipal code accordingly in light of Acts of the Legislature amending substantive provisions related to the crimes of theft and criminal mischief.

DISCUSSION: The subject codes currently provide dollar amount ranges for Theft in the 5th Degree and Criminal Mischief in the 5th Degree for property valued up to $200.00. The 2019 Legislative Session produced a bill which amended these amounts to up to $300.00. Amending corresponding City municipal code sections will provide uniformity and consistency with State Code.

FINANCIAL IMPACT: None foreseen.

ALTERNATIVES: Not approve the proposed change.

ATTACHMENTS: Ordinance

ORDINANCE NO. 2019 - ______

ORDINANCE AMENDING CHAPTER 8.24 ENTITLED “OFFENSES RELATING TO PROPERTY” OF THE SIOUX CITY MUNICIPAL CODE TO AMEND THE RANGES OF DOLLAR VALUES FOR CRIMINAL MISCHIEF AND THEFT IN THE FIFTH DEGREE.

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

Section 1: Section 8.24.235 of the Sioux City Municipal Code is amended to read as follows:

8.24.235 Criminal mischief. Any damage, defacing, alteration, or destruction of tangible property is criminal mischief when done intentionally by one who has no right to so act and when the cost of replacing, repairing, or restoring the property so damaged, defaced, altered, or de- stroyed does not exceed two three hundred dollars. A violation of this section is a simple misdemeanor, punishable by the provisions of section 1.04.100 and/or imprisonment for up to thirty days.

Section 2: Subsection 8.24.430(2) of the Sioux City Municipal Code is amended to read as follows:

2. Theft. A theft of property not exceeding two three hundred dollars in value is theft in the fifth degree.

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 8.24.235 and Subsection 8.24.430(2) 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: August 5, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on August 10, 2019

Lisa L. McCardle, City Clerk

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

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 19 Rex Mueller, Chief of Police, Sioux City Police Department FROM: Caleb C. Christopherson, Assistant City Attorney

Ordinance amending Chapter 8.68 entitled “Noise Control” of the Sioux SUBJECT: City Municipal Code to amend the time period for permitted noise.

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

RECOMMENDATION: Staff respectfully request the City Council adopt an ordinance revising the Noise Control regulations.

DISCUSSION: The subject chapter currently allows City Staff to issue sound permits for activities generating noise that will run until 1:30 A.M. Per the direction of Council, the proposed revision will change the latest time for permitted noise to 11:00 P.M.

FINANCIAL IMPACT: None foreseen.

ALTERNATIVES: Not approve the proposed change.

ATTACHMENTS: Ordinance

ORDINANCE NO. 2019 - ______

ORDINANCE AMENDING CHAPTER 8.68 ENTITLED “NOISE CONTROL” OF THE SIOUX CITY MUNICIPAL CODE TO AMEND THE TIME PERIOD FOR PERMITTED NOISE.

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

Section 1: Subsection 8.68.050(4) of the Sioux City Municipal Code is amended to read as follows:

4. No permit required under this chapter shall be issued for any activity to be conducted between the hours of 1:30 a.m. 11:00 p.m. and 7:00 a.m.

Section 2: Subsection 8.68.050(5) of the Sioux City Municipal Code is amended to read as follows:

5. The permit may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the City or the surrounding neighborhood. Reasonable conditions or requirement may include an ending time for activity contemplated under the permit which is prior to 1:30 a.m. 11:00 p.m.

Section 4: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subsection 8.68.050(4) and Subsection 8.68.050(5) 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: August 5, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on August 10, 2019

Lisa L. McCardle, City Clerk

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

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 20 Dave Carney, Public Works Director FROM: Donna Forker, Finance Director

Ordinance amending Chapter 10.20 entitled “Parking and Parking Meters”; Chapter 10.24 entitled “Parking Violations-Enforcement”; and Chapter 10.94 entitled “Municipal Parking Ramps and Lots” to increase rate charg- SUBJECT: es for daily, monthly and bulk parking in municipal parking ramps and increase overtime parking fines and other related parking fines (Deferred from June 17, 2019 and July 15, 2019)

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

RECOMMENDATION: Staff respectfully requests the City Council authorize adjustments to the parking ramp rates, meter charges, bagged meter charges, and parking fines.

DISCUSSION: Various parking fees and fines will be necessary to provide revenue to service the debt for repairs to the parking ramps and to buy new parking meters.

Initial Recommendation: The Parking & Skywalk System Board of Trustees concurs with staff’s recommendation of the following rate increases for the Parking Fund ramps (Heritage, Rivers Landing and Discovery) and parking fines. The class of 300+ users will be eliminated. Below is a recap of the changes:

• Across the board increase to all monthly parkers (this will match current MLK rates)

Current Proposed Spaces Used Charges Per Month Charges Per Month 2 – 100 $40.00 per space $45.00 per space 101 – 199 $38.25 per space $40.00 per space

200 and Over $35.00 per space $38.00 300 and Over $32.00 per space Class is removed

• Increase in parking meter rates from $.60 to $.80 per thirty minutes meters

• Increase in parking meter rates from $.75 to $1.00 per hour, ten-hour meters • Increase in fines for overtime meters from $9 to $10, after 30 days fines increase from $14 to $15 • Increase in all other parking related fines from $30 to $35, after 30 days fines increase from $35 to $40

Modified Recommendation: The Parking & Skywalk System Board of Trustees concurs with staff’s modified recommendation of the following rate increases for the Parking Fund ramps (Heritage, Rivers Landing and Discovery) and parking fines. The class of 300+ users will be eliminated. Below is a recap of the changes:

• Across the board increase to all monthly parkers (this will match current MLK rates)

Current Proposed Spaces Used Charges Per Month Charges Per Month 2 – 100 $40.00 per space $45.00 per space 101 – 199 $38.25 per space $40.00 per space 200 and Over $35.00 per space $38.00 300 and Over $32.00 per space Class is removed

• No increase in parking meter rates. • Increase in fines for overtime meters from $9 to $10, after 30 days fines increase from $14 to $15 and after ninety days fines will increase to $30 • Increase in all other parking related fines from $30 to $35, after 30 days fines increase from $35 to $40 and after ninety days fines will increase to $50

A Council member will need to request to amend the previously recommended ordinance recommendation.

The last rate increase for most of these fees was June 2010.

Staff plans, and has already begun, to meet with area business and stakeholders to discuss options regarding the use of meters and the fine rates for overtime parking in the downtown area and bring forth options during Budget.

FINANCIAL IMPACT: The revenue collected from the rate increases will be used to offset the increase in capital costs and the debt service related to the purchase of new parking meters. Not increasing the meter rates will have future impacts on the Parking Fund Balances. Planned purchase of new meters will be put on hold to help offset this impact.

RELATIONSHIP TO STRATEGIC PLAN: Adjustments to parking rates show the City’s effort to maintain sound operational plans.

ALTERNATIVES: The City Council may elect not to raise the parking charges and fines.

ATTACHMENTS: Attachment A: Original Proposed Ordinance Attachment B: New Proposed Ordinance with Amendments Parking Fund Analysis

ATTACHMENT A:

ORDINANCE NO. 2019 - ______

ORDINANCE AMENDING CHAPTER 10.20 ENTITLED “PARKING AND PARK- ING METERS”; CHAPTER 10.24 ENTITLED “PARKING VIOLATIONS- ENFORCEMENT”; AND CHAPTER 10.94 ENTITLED “MUNICIPAL PARKING RAMPS AND LOTS” TO INCREASE RATE CHARGES FOR DAILY, MONTHLY AND BULK PARKING IN MUNICIPAL PARKING RAMPS AND INCREASE OVERTIME PARKING FINES AND OTHER RELATED PARKING FINES

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA3:

Section 1: Subsection 10.20.010(2) of the Sioux City Municipal Code is amended to read as follows:

2. Thirty-minute meters. The rate for thirty minute meters shall be: 80 60 cents for 30 minutes per vehicle.

Section 2: Subsection 10.20.010(3) of the Sioux City Municipal Code is amended to read as follows:

3. Sixty-minute meters; two-hour meters; and four-hour meters. The rate for sixty minute meters, two-hour meters, and four-hour meters shall be: $1.00 75 cents for 60 minutes per vehicle.

Section 3: Subsection 10.20.010(4) of the Sioux City Municipal Code is amended to read as follows:

4. Ten-hour meters. The rate for ten-hour meters shall be: 75 50 cents for 60 minutes per vehicle.

Section 4: Subsection 10.20.100(2) of the Sioux City Municipal Code is amended to read as follows:

2. On approval, the applicant will pay to the city treasurer, in advance of the parking reserva- tion, the following: a. The sum of $12.00 10.00 per parking space per day or any part thereof. b. For periods in excess of one week, the sum of $86.00 per day per parking space. How- ever, reserved parking for periods in excess of one week shall be at the discretion of the public works director after taking into consideration the parking needs of the public and the scope of the construction, reconstruction, remodeling or demolition project. All funds received by the city treasurer from this privilege as granted shall be deposited in the parking fund.

Section 5: Subsection 10.24.030(2) of the Sioux City Municipal Code is amended to read as follows:

2. The amount of the fine shall be as follows:

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

a. For parking in any space where a parking meter is installed, when the meter has expired, a sum of ten nine dollars if paid within thirty days after issuance; if paid after the thirtieth day, the sum of fifteen fourteen dollars; b. For parking in any space in a meter box parking facility or suburban meter box facility for a period longer than that which has been paid for, a sum of ten nine dollars if paid within thirty days after issuance; if paid after the thirtieth day, the sum of fifteen fourteen dollars. c. For parking in any space for a period of time longer than permitted by a sign or notice on the meter or meter box, regardless of the amount of money inserted in the meter or meter box, a sum of ten nine dollars if paid within thirty days after issuance, if paid after the thirtieth day, the sum of fifteen fourteen dollars; d. For all violations of designated persons with disabilities parking spaces, the sum of two hundred dollars. e. For all other parking violations, the sum of thirty-five thirty dollars if paid within thirty days after issuance, if paid after the thirtieth day, the sum of forty thirty-five dollars. f. The city is hereby authorized to enter into a 28E agreement for the collection of delinquent parking fines by a county treasurer pursuant to Iowa Code Section 321.40 at the time the person applies for renewal of a motor vehicle registration, for violations that have not been ap- pealed or for which appeal has been denied. The city may pay the treasurer a reasonable fee for the collection of such fines, or may allow the county treasurer to retain a portion of the fines collected, as provided in the agreement

Section 6: Subsection 10.94.020(3) of the Sioux City Municipal Code is amended to read as follows:

3. River’s Landing Parking on Douglas, 419 Douglas Street.

Section 7: Section 10.94.030 of the Sioux City Municipal Code is deleted in its entirety.

10.94.030 Hourly and daily rate: Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas. 1. Between the hours of 7 a.m. and 7 p.m. there shall be no charge for the first hour and a charge of $0.75 shall be made for each hour or any part thereof for each motor vehicle occupying any stall in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas. The daily maximum rate for the time period from 7 a.m. to 7 p.m. shall be $4.75. 2. Between the hours of 7 p.m. and 7 a.m. there shall be no charge for the first hour and a charge of $0.75 shall be made for each hour or any part thereof for each motor vehicle occupying any stall in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas; provided, however, the maximum charge for this time period shall be $1.50. 3. The maximum charge for any 24 hour period in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas for any one vehicle shall be $6.75. The fee for each subsequent 24 hour period or part thereof shall be as provided for herein. 4. The charge for a lost ticket shall be $6.75. 5. There shall be no charge for any motor vehicle occupying any stall in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones and River’s Landing Parking on Douglas on a Saturday or Sunday provided, the vehicle enters the parking ramps after 12:01 a.m. on Saturday and exits the parking ramps prior to 12:01 a.m. on Monday. 6. No motor vehicle shall be parked in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones and River’s Landing Parking on Douglas for longer than 24 consecutive hours without the consent of the city or its duly authorized agent.

7. Event Parking: The public works director may dedicate one or more of the municipal parking ramps, Heritage Parking on Jackson, Discovery Parking on Jones, and River's Landing Parking on Douglas, to be used for parking by persons attending a special event in the city. All persons using one of the municipal parking ramps when dedicated for a special event shall pay a charge not to exceed $5.00 upon entering the ramp, including weekends.

Section 8: Section 10.94.035 of the Sioux City Municipal Code is amended to read as follows:

10.94.035 Hourly and daily rate: Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center. 1. Between the hours of 7 a.m. and 7 p.m. there shall be no charge for the first hour and a charge of $0.75 shall be made per hour or any part thereof for each motor vehicle occupying any stall in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center. The daily maximum rate for the time period from 7 a.m. to 7 p.m. shall be $5.25. 2. Between the hours of 7 p.m. and 7 a.m. there shall be no charge for the first hour and a charge of $1.00 shall be made per hour or any part thereof for each motor vehicle occupying any stall in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center; provided, however, the maximum charge for this time period shall be $3.00. 3. The maximum charge for any 24 hour period in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center for any one vehicle shall be $8.25. The fee for each subsequent 24 hour period or part thereof shall be as provided for herein. 4. The charge for a lost ticket shall be $8.25. 5. There shall be no charge for any motor vehicle occupying any stall in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center on a Saturday or Sunday provided, the vehicle enters the parking ramps after 12:01 a.m. on Saturday and exits the parking ramps prior to 12:01 a.m. on Monday. 6. No motor vehicle shall be parked in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center for longer than 24 consecutive hours without the consent of the city or its duly authorized agent. 7. Event Parking: The assistant city manager may dedicate the Martin Luther King Jr. Trans- portation Center to be used for parking by persons attending a special event in the city. The public works director may dedicate Heritage Parking on Jackson, Discovery Parking on Jones, and Rivers Landing on Douglas to be used for parking by persons attending a special event in the city. All persons using the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center when dedicated for a special event shall pay a charge not to exceed $5.00 upon entering the ramp, including weekends.

Section 9: Section 10.94.040 of the Sioux City Municipal Code is deleted in its entirety.

2. Monthly rate - surface lots: A charge of $47.00 per month shall be made for each motor vehicle leasing a space on a monthly basis on a surface parking lot which has been authorized by the city manager for monthly leasing of individual spaces. 3. Bulk rate: The monthly charge including tax if applicable for each motor vehicle leasing a space in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas when more than two spaces are purchased by one person shall be in accordance with the following schedule:

Spaces Used Charge Per Month 2 - 100 $40.00 for each space 101-199 $38.25 for each space 200-299 $35.00 for each space 300 and over $32.00 for each space The City shall designate these spaces. 4. A monthly rate of $66.50 per month for reserved parking spots in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas shall be charged. 5. Conditions and restrictions on monthly, individual and bulk rate parking. Motor vehicles occupying space on a monthly, individual or bulk rate basis are subject to the following conditions and restrictions: a. Parking spaces are on a first come first served basis and there shall be no guarantee of a reserved parking space except the city manager may issue individual permits. b. Public parking on a single space basis shall have first call and private and bulk rate pur- chases shall be reduced or not renewed if the city determines such reduction or non-renewal is necessary to accommodate parkers desiring to utilize ramp parking on a single space basis. c. Except as provided in sub-paragraph a. above, parking rentals, whether monthly, or bulk, are on a first come first served basis. d. The same rate charge per month shall be available and applicable to any person purchasing 100 or more spaces irrespective of the number of spaces. 6. Media and law enforcement parking. A charge of $35.00 per month shall be made for each parking permit issued for motor vehicles owned or used by media or non-emergency law enforcement personnel and specifically designated therefore by the city.

Section 10: Section 10.94.045 of the Sioux City Municipal Code is amended to read as follows:

10.94.045 Monthly and Bulk Rates: Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center. 1. Monthly rate - Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center: A charge of $50.00 per month shall be made for each motor vehicle leasing space on a monthly basis in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center and specifically designated therefore by the city. 2. Monthly rate - surface lots: A charge of $52.00 per month shall be made for each motor vehicle leasing a space on a monthly basis on a surface parking lot which has been authorized by the city manager for monthly leasing of individual spaces. 3 2. Bulk rate: The monthly charge including tax if applicable for each motor vehicle leasing a space in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on

Douglas, and Martin Luther King Jr. Transportation Center when more than two spaces are purchased by one person shall be in accordance with the following schedule:

Spaces Used Charge Per Month 2 - 100 $45.00 for each space 101-199 $40.00 for each space 200-299 and over $38.00 for each space 300 and over $34.50 for each space

The city shall designate these spaces. 4 3. A monthly rate of $75.00 per month for reserved parking spots in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center shall be charged. 5 4. Conditions and restrictions on monthly, individual and bulk rate parking. Motor vehicles occupying space on a monthly, individual or bulk rate basis are subject to the following conditions and restrictions: a. Parking spaces are on a first come first served basis and there shall be no guarantee of a reserved parking space except the city manager may issue individual permits. b. Public parking on a single space basis shall have first call and private and bulk rate pur- chases shall be reduced or not renewed if the city determines such reduction or non-renewal is necessary to accommodate parkers desiring to utilize ramp parking on a single space basis. c. Except as provided in sub-paragraph a. above, parking rentals, whether monthly, or bulk, are on a first come first served basis. d. The same rate charge per month shall be available and applicable to any person purchasing 100 or more spaces irrespective of the number of spaces. 6. Media and non-emergency law enforcement parking. A charge per month may be made for each parking permit issued for motor vehicles owned or used by media or non-emergency law enforcement personnel and specifically designated therefore by the city. The charge will be set annually by resolution, if so elected by the City Council.

Section 11: Penalty Clause. Anyone violating the provisions of this ordinance shall upon con- viction be punished as provided in Section 1.04.100 of the Sioux City Municipal Code.

Section 12: 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 13: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subsection 10.20.010(2); Subsection 10.20.010(3); Subsection 10.20.010(4); Subsection 10.20.100(2); Subsection 10.24.030(2); Subsection 10.94.020(3); Section 10.94.030; Section 10.94.035; Section 10.94.040 and Section 10.94.045 of the Sioux City Municipal Code.

Section 14: 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: August 5, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on August 10, 2019

Lisa L. McCardle, City Clerk

ATTACHMENT B:

ORDINANCE NO. 2019 - ______

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA4:

Section 1: Subsection 10.20.100(2) of the Sioux City Municipal Code is amended to read as follows:

Section 2: Subsection 10.24.030(2) of the Sioux City Municipal Code is amended to read as follows:

2. The amount of the fine shall be as follows: a. For parking in any space where a parking meter is installed, when the meter has expired, a sum of ten nine dollars if paid within thirty days after issuance; if paid after the thirtieth day, the sum of fifteen fourteen dollars; and if paid after the ninetieth day, the sum of thirty dollars; b. For parking in any space in a meter box parking facility or suburban meter box facility for a period longer than that which has been paid for, a sum of ten nine dollars if paid within thirty days after issuance; if paid after the thirtieth day, the sum of fifteen fourteen dollars; and if paid after the ninetieth day, the sum of thirty dollars; c. For parking in any space for a period of time longer than permitted by a sign or notice on the meter or meter box, regardless of the amount of money inserted in the meter or meter box, a sum of ten nine dollars if paid within thirty days after issuance, if paid after the thirtieth day, the sum of fifteen fourteen dollars; and if paid after the ninetieth day, the sum of thirty dollars; d. For all violations of designated persons with disabilities parking spaces, the sum of two hundred dollars. e. For all other parking violations, the sum of thirty-five thirty dollars if paid within thirty days after issuance, if paid after the thirtieth day, the sum of forty thirty-five dollars, and if paid after the ninetieth day, the sum of fifty dollars; f. The city is hereby authorized to enter into a 28E agreement for the collection of delinquent parking fines by a county treasurer pursuant to Iowa Code Section 321.40 at the time the person applies for renewal of a motor vehicle registration, for violations that have not been ap-

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

pealed or for which appeal has been denied. The city may pay the treasurer a reasonable fee for the collection of such fines, or may allow the county treasurer to retain a portion of the fines collected, as provided in the agreement

Section 3: Subsection 10.94.020(3) of the Sioux City Municipal Code is amended to read as follows:

3. River’s Landing Parking on Douglas, 419 Douglas Street.

Section 4: Section 10.94.030 of the Sioux City Municipal Code is deleted in its entirety.

Section 5: Section 10.94.035 of the Sioux City Municipal Code is amended to read as follows:

any stall in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center; provided, however, the maximum charge for this time period shall be $3.00. 3. The maximum charge for any 24 hour period in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center for any one vehicle shall be $8.25. The fee for each subsequent 24 hour period or part thereof shall be as provided for herein. 4. The charge for a lost ticket shall be $8.25. 5. There shall be no charge for any motor vehicle occupying any stall in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center on a Saturday or Sunday provided, the vehicle enters the parking ramps after 12:01 a.m. on Saturday and exits the parking ramps prior to 12:01 a.m. on Monday. 6. No motor vehicle shall be parked in the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center for longer than 24 consecutive hours without the consent of the city or its duly authorized agent. 7. Event Parking: The assistant city manager may dedicate the Martin Luther King Jr. Trans- portation Center to be used for parking by persons attending a special event in the city. The public works director may dedicate Heritage Parking on Jackson, Discovery Parking on Jones, and Rivers Landing on Douglas to be used for parking by persons attending a special event in the city. All persons using the Heritage Parking on Jackson, Discovery Parking on Jones, Rivers Landing on Douglas, and Martin Luther King Jr. Transportation Center when dedicated for a special event shall pay a charge not to exceed $5.00 upon entering the ramp, including weekends.

Section 6: Section 10.94.040 of the Sioux City Municipal Code is deleted in its entirety.

10.94.040 Monthly and bulk rates: Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas. 1. Monthly rate - Heritage Parking on Jackson, Discovery Parking on Jones, and River's Land- ing Parking on Douglas: A charge of $45.00 per month shall be made for each motor vehicle leasing space on a monthly basis in municipal parking ramps Heritage Parking on Jackson, Dis- covery Parking on Jones and River’s Landing Parking on Douglas and specifically designated therefore by the city. 2. Monthly rate - surface lots: A charge of $47.00 per month shall be made for each motor vehicle leasing a space on a monthly basis on a surface parking lot which has been authorized by the city manager for monthly leasing of individual spaces. 3. Bulk rate: The monthly charge including tax if applicable for each motor vehicle leasing a space in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas when more than two spaces are purchased by one person shall be in accordance with the following schedule:

Spaces Used Charge Per Month 2 - 100 $40.00 for each space 101-199 $38.25 for each space 200-299 $35.00 for each space 300 and over $32.00 for each space The City shall designate these spaces.

4. A monthly rate of $66.50 per month for reserved parking spots in municipal parking ramps Heritage Parking on Jackson, Discovery Parking on Jones, and River’s Landing Parking on Douglas shall be charged. 5. Conditions and restrictions on monthly, individual and bulk rate parking. Motor vehicles occupying space on a monthly, individual or bulk rate basis are subject to the following conditions and restrictions: a. Parking spaces are on a first come first served basis and there shall be no guarantee of a reserved parking space except the city manager may issue individual permits. b. Public parking on a single space basis shall have first call and private and bulk rate pur- chases shall be reduced or not renewed if the city determines such reduction or non-renewal is necessary to accommodate parkers desiring to utilize ramp parking on a single space basis. c. Except as provided in sub-paragraph a. above, parking rentals, whether monthly, or bulk, are on a first come first served basis. d. The same rate charge per month shall be available and applicable to any person purchasing 100 or more spaces irrespective of the number of spaces. 6. Media and law enforcement parking. A charge of $35.00 per month shall be made for each parking permit issued for motor vehicles owned or used by media or non-emergency law enforcement personnel and specifically designated therefore by the city.

Section 7: Section 10.94.045 of the Sioux City Municipal Code is amended to read as follows:

Spaces Used Charge Per Month 2 - 100 $45.00 for each space 101-199 $40.00 for each space 200-299 and over $38.00 for each space 300 and over $34.50 for each space

5 4. Conditions and restrictions on monthly, individual and bulk rate parking. Motor vehicles occupying space on a monthly, individual or bulk rate basis are subject to the following conditions and restrictions: a. Parking spaces are on a first come first served basis and there shall be no guarantee of a reserved parking space except the city manager may issue individual permits. b. Public parking on a single space basis shall have first call and private and bulk rate pur- chases shall be reduced or not renewed if the city determines such reduction or non-renewal is necessary to accommodate parkers desiring to utilize ramp parking on a single space basis. c. Except as provided in sub-paragraph a. above, parking rentals, whether monthly, or bulk, are on a first come first served basis. d. The same rate charge per month shall be available and applicable to any person purchasing 100 or more spaces irrespective of the number of spaces. 6. Media and non-emergency law enforcement parking. A charge per month may be made for each parking permit issued for motor vehicles owned or used by media or non-emergency law enforcement personnel and specifically designated therefore by the city. The charge will be set annually by resolution, if so elected by the City Council.

Section 8: 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 9: 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 10: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subsection 10.20.100(2); Subsection 10.24.030(2); Subsection 10.94.020(3); Section 10.94.030; Section 10.94.035; Section 10.94.040 and Section 10.94.045 of the Sioux City Municipal Code.

Section 11: 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: August 5, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on August 10, 2019

Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 21 FROM: Caleb C. Christopherson, Assistant City Attorney

Ordinance amending Chapter 10.30 entitled “Miscellaneous City Rules of the Road” and Chapter 10.321 entitled “Motor Vehicles and Law of the SUBJECT: Road” of the Sioux City Municipal Code to add, amend, and repeal certain sections to provide uniformity and to remove unused or redundant sections

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

RECOMMENDATION: Staff respectfully requests the City Council adopt an ordinance revising the City traffic code.

DISCUSSION: The City traffic code does not currently provide for enhanced penalties for certain violations which result in death or injury. It does not currently contain the new prohibitions of certain uses of electronic devices while operating a motor vehicle. The Code contains other provisions that are unused, outdated, or which redundantly exist in the City Code by virtue of their adoption of Iowa Code by reference, or which do not otherwise conform to corresponding State law, in ways which may create confusion. Adoption by reference of the applicable State Code sections will provide more uniformity between the City and State traffic codes.

FINANCIAL IMPACT: None foreseen.

ALTERNATIVES: Not approve the proposed change.

ATTACHMENTS: Ordinance

ORDINANCE NO. 2019 - ______

ORDINANCE AMENDING CHAPTER 10.30 ENTITLED “MISCELLANEOUS CITY RULES OF THE ROAD” AND CHAPTER 10.321 ENTITLED “MOTOR VEHICLES AND LAW OF THE ROAD” OF THE SIOUX CITY MUNICIPAL CODE TO ADD, AMEND, AND REPEAL CERTAIN SECTIONS TO PROVIDE UNIFORMITY AND TO REMOVE UNUSED OR REDUNDANT SECTIONS

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA5:

Section 1: Section 10.30.200 of the Sioux City Municipal Code is repealed in its entirety.

10.30.200 Tinted windows - front windshields, windows, or sidewings. 1. Prohibition. A person shall not drive a motor vehicle equipped with a windshield, sidewings, or side or rear windows which do not permit clear vision. A person shall not operate on the highway a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver, or a sidewing forward of and to the left or right of the driver which is excessively dark or reflective so that it is difficult for a person outside the motor vehicle to see into the motor vehicle through the windshield, window, or sidewing. 2. Standard of transparency. “Excessively dark or reflective” means that the windshield, front side window or front sidewing does not meet the minimum standard of transparency requiring 70 percent light transmittance. Safety glazing materials or multiple glazed assemblies thereof intended for use at levels requisite for driving visibility in the motor vehicle shall show regular (parallel) luminous transmittance of not less than 70 percent of the light, at normal incidence, both before and after irradiation. 3. Exemptions: (a) A person suffering from a severe light-sensitive condition may be exempt from the standard of transparency if the need is documented by a physician. The exemption does not apply to a commercial vehicle. (b) A passenger or operator of a motor vehicle who for medical reasons requires a front windshield, a front side window or a front sidewing with less than 70 percent but not less than 35 percent light transmittance may obtain a form to be signed by the person’s physician. (c) “Physician” as used in this subsection means a state licensed physician.

Section 2: Section 10.30.340 of the Sioux City Municipal Code is repealed in its entirety.

10.30.340 Operating motor vehicle noise. 1. Definitions. The following words and phrases when used in this section shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires. a. "dBA" means the composite abbreviation for A-weighted sound level, and the unit of sound level, the decibel. b. "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle. c. "Gross vehicle weight" means the value specified by the manufacturer as the loaded weight of a single vehicle. d. "Sound level" means the A-weighted sound pressure level measured using an instrument complying with the specification for sound level meters of the American National Stand-

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

ards Institute, Inc., or its successor publications, except that only A-weighting and fast dynamic response need be provided. e. "Sound level meter" means an instrument or apparatus including a microphone, an am- plifier, an output meter, and weighting networks for the measurement of sound pressure. The output meter reads sound pressure level when properly calibrated, and the instrument is of Type II or better as specified in the American National Standard Institute Publication S1.4-1971, or successor publications. f. "Sound pressure level" means twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of twenty micropascals (20 x 10-N/M). The sound pressure level is denoted L or SPL and is expressed in decibels. All technical terminology used in this chapter, unless the context otherwise requires, shall be defined in accordance with American National Standards Institute (ANSI) publication S1.1-1960, revised 1971, or successor publications of ANSI, or its successor bodies. 2. Operating Noise Limits. It shall be unlawful for any person to operate or for the owner to cause or knowingly permit to be operated within this municipality, any motor vehicle which emits a noise sound pressure level in excess of the dB(A) established in this section. Nor shall any person operate a motor vehicle having a manufacturer's gross vehicle rating of less than ten thousand pounds, except a motorcycle, which exceeds 95 dB(A), measured at least twenty inches from the exhaust outlet. The measured exhaust system sound level of a stationary motor vehicle shall be the highest reading obtained during the test, disregarding unrelated peaks due to extraneous ambient noise. When there is more than one exhaust outlet, the reported sound level shall be for the loudest outlet. When there is more than one outlet extending from a single muffler separated by less than twelve inches, measurement shall not be made on the outlet furthest from the side of the vehicle. Maximum Allowable Noise Sound Pressure Levels for Motor Vehicles

Maximum Allowable Minimum Measurement Type of Vehicle Sound Pressure Level From Motor Vehicle

Motor vehicles weighing 10,000 pounds 80dB(A) 25 feet or less, manufacturer's gross vehicle weight

Motor vehicles weighing more than 88dB(A) 25 feet 10,000 pounds, manufacturer's gross vehicle weight.

3. Applicability. This section applies to the total noise from a motor vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers for noise control or violations of Section 10.68.260. a. No person shall modify the exhaust system of a motor vehicle or any other noise abatement device of a motor vehicle operated upon the streets and highways of Sioux City in a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured. Muffler cutouts, bypasses, or other devices which increase sound emitted shall be considered a violation of this section. b. No person shall operate a motor vehicle upon the streets and highways with an exhaust system or noise abatement device so modified. 4. Exemptions. The following are exempt from the operation of this chapter: a. Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter.

b. Construction equipment, street maintenance equipment, and public health and safety equipment.

Section 3: Section 10.30.350 of the Sioux City Municipal Code is repealed in its entirety.

10.30.350 Noise sound pressure level measurement. 1. For the purpose of determining noise sound pressure levels as set forth in Section 10.30.340, the following test procedures and measurements are applicable: a. The instrumentation for determining noise sound pressure levels shall be with a sound level meter of standard design as defined in this chapter. The sound pressure level measurement shall be made with the "A" weighting network. b. (1) Sound pressure level(s) shall be measured at a linear distance of at least twenty-five feet from the near side of the nearest traffic lane being monitored and at an elevation of at least four feet above the immediate surrounding surface. (2) Noise from a motor vehicle which is located other than within the public right-of-way shall be measured at a distance at least twenty-five feet from said motor vehicle and at a height of at least four feet above the immediate surrounding area. 2. Whenever a police officer arrests an operator of a motor vehicle in violation of Section 10.30.340, he may order the operator thereof to transport his vehicle to an appropriate testing location for evaluation.

Section 4: Section 10.30.450 of the Sioux City Municipal Code is amended to read as follows:

10.30.450 Scheduled Violations and Scheduled Fines. Unless otherwise provided, a violation of any provision of this chapter is a simple misdemeanor, punishable by a fine as follows:

Fine + Sur- charge + Scheduled Costs = Section Description Fine Total Bond 10.30.010 Failure to Report Accident. $100.00 $195.00 $262.50 10.30.040 Turns at Other Than Intersections. $100.00 $195.00 $262.50 10.30.050 Unsafe or Obstructive U-Turn. $100.00 $195.00 $262.50 10.30.060 Stop when Traffic Obstructed. $100.00 $195.00 $262.50 10.30.070 Pedestrians Walking Along Roadway $ 50.00 $127.50 $161.25 10.30.115 Semi-Tractors; Prohibited Noises. $100.00 $195.00 $262.50 10.30.150 Driving Upon the Parkway. $100.00 $195.00 $262.50 10.30.160 Driving Past Barricades. $100.00 $195.00 $262.50 10.30.165 Driving on River Dikes $100.00 $195.00 $262.50 10.30.170 Driving on Private Property. $100.00 $195.00 $262.50 10.30.180 Use of Driveways and Parking Lots. $100.00 $195.00 $262.50 10.30.190 Clinging to Motor Vehicles $100.00 $195.00 $262.50 10.30.200 Tinted Windows - Front Windshields, Win- $ 50.00 $127.50 $161.25 dows, or Sidewings. 10.30.210 Overweight and Overlength Trucks. $200.00 $330.00 $465.00 10.30.220 Boarding or Alighting from Motor Buses or $ 50.00 $127.50 $161.25 Vehicles. 10.30.230 Unsafe Passing of a Stopped Transit Bus. $100.00 $195.00 $262.50 10.30.250 Exceeding Posted Maximum Weight Re- $100.00 $195.00 $262.50 striction. 10.30.270 Opening and Closing Vehicle Doors. $ 50.00 $127.50 $161.25

10.30.280 Skateboards, Roller Blades and Roller $ 50.00 $127.50 $161.25 Skates. 10.30.290 Transporting Alcoholic Beverages or Beer. $100.00 $195.00 $262.50 10.30.300 Loud Signal at Night $100.00 $195.00 $262.50 10.30.310 Disturbing Public Peace and Quiet with a $100.00 $195.00 $262.50 Motor Vehicle 10.30.320 Failure to Comply with Truck Routes. $100.00 $195.00 $262.50 10.30.330 Over Weight and/or Over Length Vehicles. $200.00 $330.00 $465.00 10.30.340 Operating Motor Vehicle Noise. $100.00 $195.00 $262.50 10.30.360 Equipment for Moped Operators and Rid- $ 50.00 $127.50 $161.25 ers. 10.30.400 Unlawful Riding. $ 50.00 $127.50 $161.25 10.30.420 Control of Vehicle. $100.00 $195.00 $262.50 10.30.440 Soliciting in Public Right-of-Way. $ 50.00 $127.50 $161.25

Section 5: Section 10.321.20B of the Sioux City Municipal Code is amended to read as follows:

10.321.20B Proof of security against liability - driving without liability coverage. Section 321.20B of the Iowa Code, as amended, is adopted by reference. 1. Notwithstanding chapter 321A of the Iowa Code, which requires certain persons to maintain proof of financial responsibility, a person shall not drive a motor vehicle on the highways of this state unless financial liability coverage, as defined in section 10.321.1, subsection 24B, is in effect for the motor vehicle and unless the driver has in the motor vehicle the proof of financial liability coverage card issued for the motor vehicle, or if the vehicle is registered in another state, other evidence that financial liability coverage is in effect for the motor vehicle. It shall be conclusively presumed that a motor vehicle driven upon a parking lot which is available to the public without charge or which is available to customers or invitees of a business or facility without charge was driven on the highways of this state in order to enter the parking lot, and this section shall be applicable to such a motor vehicle. As used in this section, "parking lot" includes access roads, drives, lanes, aisles, entrances, and exits to and from a parking lot described in this paragraph. This subsection does not apply to the operator of a motor vehicle owned by or leased to the United States, this state or another state, or any political subdivision of this state or of another state, or to a motor vehicle which is subject to section 325A.6 or 327B.6 of the Iowa Code. 2. a. If a peace officer stops a motor vehicle registered in this state and the driver is unable to provide proof of financial liability coverage, the peace officer shall do one of the following: (1) Issue a warning memorandum to the driver. (2) Issue a citation to the driver. If a citation is issued, the citation shall be issued under this subparagraph unless the driver has been previously charged and cited for a violation of subsection 1. A citation which is issued and subsequently dismissed shall be disregarded for purposes of determining if the driver has been previously charged and cited. (3) Issue a citation and remove the motor vehicle's license plates and registration receipt. Upon removing the license plates and registration receipt, the peace officer shall deliver the plates for destruction, as appropriate, and forward the registration receipt and evidence of the violation, as determined by the department, to the county treasurer of the county in which the motor vehicle is registered. The motor vehicle may be driven for a time period of up to forty- eight hours after receiving the citation solely for the purpose of removing the motor vehicle from the highways of this state, unless the driver's operating privileges are otherwise suspended. After receiving the citation, the driver shall keep the citation in the motor vehicle at all times while driving the motor vehicle as provided in this subparagraph, as proof of the driver's privilege to drive the motor vehicle for such limited time and purpose.

(4) (A) Issue a citation, remove the motor vehicle's license plates and registration receipt, and impound the motor vehicle. The peace officer shall deliver the plates for destruction, as appropriate, and forward the registration receipt and evidence of the violation, as determined by the department, to the county treasurer of the county in which the motor vehicle is registered.

(B) A motor vehicle which is impounded may be claimed by a person if the owner provides proof of financial liability coverage and proof of payment of any applicable fine and the costs of towing and storage for the motor vehicle. If the motor vehicle is not claimed within thirty days after impoundment, the motor vehicle may be treated as an abandoned vehicle pursuant to section 321.89 of the Iowa Code. (C) The holder of a security interest in a motor vehicle which is impounded pursuant to this subparagraph shall be notified of the impoundment within seventy-two hours of the impoundment of the motor vehicle and shall have the right to claim the motor vehicle upon the payment of all fees. However, if the value of the vehicle is less than the security interest, all fees shall be divided equally between the lienholder and the political subdivision impounding the vehicle. b. An owner or driver of a motor vehicle who is charged with a violation of subsection 1 and issued a citation under paragraph "a", subparagraph (3) or (4), is subject to the following: (1) An owner or driver who produces to the clerk of court, within thirty days of the issuance of the citation under paragraph "a", or prior to the date of the individual's court appearance as indicated on the citation, whichever is earlier, proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or, if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped and cited, in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that such proof was provided and be subject to one of the following: (A) If the person was cited pursuant to paragraph "a", subparagraph (3), the owner or driver shall provide a copy of the receipt to the county treasurer of the county in which the motor vehicle is registered and the owner shall be assessed a fifteen dollar administrative fee by the county treasurer who shall issue new license plates and registration to the person after payment of the fee. (B) If the person was cited pursuant to paragraph "a", subparagraph (4), the owner or driver, after the owner provides proof of financial liability coverage to the clerk of court, may claim the motor vehicle after such person pays any applicable fine and the costs of towing and storage for the motor vehicle, and the owner or driver provides a copy of the receipt and the owner pays to the county treasurer of the county in which the motor vehicle is registered a fifteen dollar administrative fee, and the county treasurer shall issue new license plates and registration to the person. (2) An owner or driver who is charged with a violation of subsection 1 and is unable to show that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited may do either of the following: (A) Sign an admission of violation on the citation and remit to the clerk of court a scheduled fine as provided in subsection 3 of this chapter, for a violation of subsection 1. Upon payment of the fine to the clerk of court of the county where the citation was issued, payment of a fifteen dollar administrative fee to the county treasurer of the county in which the motor vehicle is registered, and providing proof of payment of any applicable fine and proof of financial liability coverages to the county treasurer of the county in which the motor vehicle is registered, the treasurer shall issue new license plates and registration to the owner. (B) Request an appearance before the court on the matter. If the matter goes before the court, and the owner or driver is found guilty of a violation of subsection 1, the court may impose a fine as provided in subsection 3 of this chapter, for a violation of subsection 1, or the court may order the person to perform unpaid community service instead of the fine. Upon the pay-

ment of the fine or the entry of the order for unpaid community service, the person shall provide proof of payment or entry of such order and the county treasurer of the county in which the motor vehicle is registered shall issue new license plates and registration to the owner upon the owner providing proof of financial liability coverage and paying a fifteen dollar administrative fee to the county treasurer. c. An owner or driver cited for a violation of subsection 1, who produces to the clerk of court within thirty days of the issuance of the citation proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, shall not be convicted of such violation and the citation issued shall be dismissed at the person’s cost. 3. If, in connection with a motor vehicle accident, a person is charged and found guilty of a violation of section 10.321.20B, subsection 1, the scheduled fine is five hundred dollars, otherwise the scheduled fine for a violation of section 10.321.20B, subsection 1, is two hundred fifty dollars. 4. If the motor vehicle is not registered in this state and the driver is a nonresident, the peace officer shall do one of the following: a. Issue a warning memorandum to the driver. b. Issue a citation. An owner or driver who produces to the clerk of court within thirty days of the issuance of the citation, or prior to the date of the individual's court appearance as indicated on the citation, whichever is earlier, proof that the financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped and cited in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that proof was provided, and the citation issued shall be dismissed at the individual’s cost. 5. This section does not apply to a motor vehicle identified in section 321.18, subsections 1 through 6, and subsection 8, of the Iowa Code. 6. This section does not apply to a lienholder who has a security interest in a motor vehicle subject to the registration requirements of this chapter, so long as such lienholder maintains financial liability coverage for any motor vehicle driven or moved by the lienholder in which the lienholder has an interest. 7. This section does not apply to a motor vehicle owned by a motor vehicle dealer or whole- saler licensed pursuant to chapter 322 of the Iowa Code.

Section 6: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.180B Graduated driver’s licenses for persons aged fourteen through seventeen. Section 321.180B of the Iowa Code, as amended, is adopted by reference.

Section 7: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.193 Restrictions on licenses — penalty. Section 321.193 of the Iowa Code, as amended, is adopted by reference.

Section 8: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.194 Special minors’ licenses. Section 321.194 of the Iowa Code, as amended, is adopted by reference.

Section 9: Section 10.321.218 of the Sioux City Municipal Code is amended to read as follows:

10.321.218(1) Operating without valid motor vehicle license or when disqualified - penalties. Section 321.218(1) of The Code of Iowa, as amended, is adopted by reference.

Section 10: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.276 Use of electronic communication device while driving. Section 321.276 of the Iowa Code, as amended, is adopted by reference.

Section 11: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.381 Movement of unsafe or improperly equipped vehicles. Section 321.381 of the Iowa Code, as amended, is adopted by reference.

Section 12: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.404A Light-restricting devices prohibited. Section 321.404A of the Iowa Code, as amended, is adopted by reference.

Section 13: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.408 Back-up Lamps. Section 321.408 of the Iowa Code, as amended, is adopted by reference.

Section 14: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.449B Texting or using a mobile telephone while operating a commercial motor vehicle. Section 321.449B of the Iowa Code, as amended, is adopted by reference.

Section 15: Chapter 10.321 of the Sioux City Municipal Code is amended by adding the following new section:

10.321.482A Violations resulting in injury or death — additional penalties. Section 321.482A of the Iowa Code, as amended, is adopted by reference to the extent that the sections of the Iowa Code listed therein are also adopted by reference in the Sioux City Municipal Code.

Section 16: 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 17: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Section 10.30.200; Section 10.30.340; Section 10.30.350; Section 10.30.450; Section 10.321.20B; and Section 10.321.218 of the Sioux City Municipal Code.

Section 18: 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: August 5, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on August 10, 2019

Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 22 FROM: Tom Everett, Fire Chief

Resolution awarding a purchase order to Heiman Fire Equipment of Lyons, SUBJECT: South Dakota in the amount of $944,053.00 for the purchase of one (1) Rosenbauer Aerial Fire Truck (RFP #257).

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

RECOMMENDATION: Staff respectfully requests the City Council award a purchase order to Heiman Fire Equipment of Lyons, South Dakota in the amount of $944,053.00 for the purchase of one (1) Rosenbauer Aerial Fire Truck (RFP #257).

DISCUSSION: City staff would like to purchase an aerial fire truck to replace unit #1221, which was purchased in 1994 and has a useful life of twenty-one (21) years. The replaced unit will be sold on the City’s auction website.

The RFP was sent to twenty (20) vendors and the RFP was posted on the City’s website. Sev- en (7) proposals were received. Two of the proposals did not meet qualifications due to excep- tions in regard to specifications. The Fire Department formed a committee to review each proposal. The proposals were ranked and weighted 50% on committee scoring, 25% on price and 25% on warranty. The scoring is as follows:

Fire Department Reliant Fire Heiman Danko Feld Fire Fire Safety USA Evaluations Apparatus Lyons, SD Wyoming, Carroll, IA Rochester, MN Lawler, IA MI Manufacturer Pierce Rosenbauer Ahrens-Fox Spartan E-ONE Total Score 44.66 43.83 36.84 33.50 33.01

Points Based on 5 4 3 2 1 Ranking

The scoring based on price is as follows:

Pricing Heiman Danko Feld Fire Reliant Fire Fire Safety Lyons, SD Wyoming, Carroll, IA Apparatus USA MI Lawler, IA Rochester, MN Manufacturer Rosenbauer Ahrens-Fox Spartan Pierce E-ONE Total Cost $944,053.00 $949,661.00 $1,015,542.00 $1,049,589.00 $1,081,000.00

Points Based 5 4 3 2 1 on Ranking

Note that Heiman is allowing for a $18,037.00 discount if the chassis and aerial are paid upon arrival at the plant versus upon delivery. The chassis total price is $323,271.00 and the aerial total price is $352,028.00.

Warranty Heiman Danko Feld Fire Reliant Fire Fire Safety Lyons, SD Wyoming, Carroll, IA Apparatus USA MI Lawler, IA Rochester, MN Manufacturer Rosenbauer Ahrens-Fox Spartan Spartan E-ONE Points Based 5 5 5 5 5 on Ranking

Fire Department staff scored all the proposals as meeting warrant requirements.

The total scoring is as follows. Since evaluation scoring is weighted 50%, price is 25% and warranty is 25%, the table reflects the evaluation points multiplied by two.

Total Scores Heiman Reliant Fire Danko Feld Fire Fire Safety Lyons, SD Apparatus Wyoming, Carroll, IA USA Lawler, IA MI Rochester, MN Manufacturer Rosenbauer Pierce Ahrens-Fox Spartan E-ONE Scoring 8 10 6 4 2 Points Price Points 5 2 4 3 1

Warranty 5 5 5 5 5 Points Total Points 18 17 15 12 8

FINANCIAL IMPACT: Funds are available in account 301-4901-418.43-01, Fire Rolling Equipment, Licensed Vehi- cles, Project 159-018, Fire Apparatus Replacement available balance is $2,328,000.

RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans.

ALTERNATIVES: Reject the bids.

ATTACHMENTS: Resolution.

RESOLUTION NO. 2019 - ______

RESOLUTION AWARDING A PURCHASE ORDER TO HEIMAN FIRE EQUIP- MENT OF LYONS, SOUTH DAKOTA IN THE AMOUNT OF $944,053.00 FOR THE PURCHASE OF ONE (1) ROSENBAUER AERIAL FIRE TRUCK (RFP #257).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Heiman Fire Equipment of Lyons, South Dakota in the amount of $944,053.00 for the purchase of one (1) Rosenbauer Aerial Fire Truck (RFP #257).

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 5, 2019 ACTION ITEM # 23 Mark Simms, Utilities Director FROM: Jon O’Brien, Underground Utilities Superintendent

Resolution awarding a Service Provider Agreement to American Coatings SUBJECT: & Welding of Onawa, Iowa in the amount of $300.00 per hydrant for the 2019, 2020, and 2021 Fire Hydrant Painting Project (Bid #255914).

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

RECOMMENDATION: Staff respectfully requests Council award a Service Provider Agreement to American Coatings & Welding of Onawa, Iowa in the amount of $300.00 per hydrant for the remainder of the 2019 season and for years 2020 and 2021.

DISCUSSION: On July 8, 2019 Council passed Resolution No. 2019-0563 terminating the service provider agreement with Family Striping of LeMars, Iowa. In February, request for quotes were sent out and four bids were received. Family Striping was the lowest at $225 per hydrant. The next lowest bid was JL Drywall LLC of Sioux Falls, SD at $275 per hydrant, however this company does not have the equipment to do the job. Two bids came in at $300 per hydrant; Lines & Stripes and American Coatings & Welding. It is the recommendation to Council to award the contract to American Coatings & Welding as they have more experience. City staff had planned on 475 hydrants be painted for the 2019 season however, due to the replacement of two previous vendors it is anticipated that an additional 200 hydrants will be completed for the 2019 season by American Coatings & Welding. Previous vendors had completed approximately 60 hydrants with 23 passing inspection. Below are the bids that were received from RFQ# 252120:

Family Striping JL Drywall LLC Lines & Stripes American Coat- LeMars, IA Sioux Falls, SD Sioux City, IA ings & Welding Onawa, IA Cost to Paint $225.00 $275.00 $300.00 $300.00 per Hydrant

Cost for 475 $106,875.00 $130,625.00 $142,500.00 $142,500.00 Hydrants

FINANCIAL IMPACT: Funds will be paid from CIP# 519-254 – “Annual Hydrant Rehabilitation”.

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

ALTERNATIVES: Reject all bids

ATTACHMENTS: Resolution Service Provider Agreement, Hard Copy

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION AWARDING A SERVICE PROVIDER AGREEMENT TO AMER- ICAN COATINGS & WELDING OF ONAWA, IOWA IN THE AMOUNT OF $300.00 PER HYDRANT FOR THE 2019, 2020, AND 2021 FIRE HYDRANT PAINTING PROJECT (BID #255914).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that a Service Provider Agreement, a copy of which is attached hereto and by this reference made a part hereof, be awarded to American Coatings & Welding of Onawa, Iowa in the amount of $300.00 per hydrant for the 2019, 2020, and 2021 Fire Hydrant Painting Project (Bid #255914).

BE IT FURTHER RESOLVED that the City Manager and City Clerk be and they are hereby authorized and directed to execute said Service Provider Agreement for and on behalf of the City.

PASSED AND APPROVED: August 5, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

CITY'S SERVICE PROVIDER AGREEMENT

THIS AGREEMENT made on by and between the City of Sioux City, Iowa, a municipal corporation, (hereinafter referred to as "City"), and American Coating and Welding, LLC of Onawa, Iowa (hereinafter referred to as "Service Provider").

WITNESSETH: That whereas the City intends to retain the Service Provider to perform certain services for the City (hereinafter referred to as the "Services").

NOW, THEREFORE, the City and Service Provider for the consideration hereinafter set forth agree as follows:

1. The Service Provider shall provide the Services in accordance with this Agreement and the terms and general conditions of the City's Service Provider Agreement, which is attached hereto and hereby made a part of this Agreement.

2. The Services are described as follows:

RFB #255914; Annual Fire Hydrant Painting for Fire Hydrants. Cost not to exceed $300.00 per fire hydrant for 2019, 2020 and 2021. Vendor shall complete 200 hydrants in 2019, 475 fire hydrants in 2020 and 475 fire hydrants in 2021.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the Service Provider shall furnish Services and the City shall make payment for same in accordance with the Agreement.

IN WITNESS WHEREOF the parties hereto have made and executed this Agreement the day and year first above written.

City of Sioux City Iowa Service Provider

By: By: NY\12(41(_Osn("14 ;11 DX`CC(k\1CLif Robert K. Padmore, City Manager \IR fn Lee_ [Print Name] Title: (N(c_xx\bsucm000rtur

Attest: Attest:

By: By: ckyNciA Lisa L. McCardle, City Clerk

Title: V\WODszy` )0042)( GENERAL CONDITIONS OF CITY'S SERVICE PROVIDER AGREEMENT

SECTION 1 SERVICE PROVIDER'S SERVICES

1.1. SERVICE PROVIDER'S SERVICES.

1 1.1. The Service Provider's services consist only of those Services performed by the Service Provider, Service Provider's employees and Service Provider's Service Providers as enumerated in Exhibit "A" of this Agreement (hereinafter, "Services".)

1.1.2. Service Provider will assign qualified and experienced personnel to perform the Services. Where Exhibit "A" identifies specific Service Provider personnel, these individuals will remain assigned to provide the Services throughout the term of this Agreement, in accordance with their roles and responsibilities identified in Exhibit "A," unless otherwise approved in writing by the City. However, if the City objects to the manner of performance of any Service Provider personnel (including any third party contractors or agents of Service Provider), Service Provider will promptly take all necessary actions to rectify the objection, including, if requested by the City, the prompt removal of the individual from the provision of Services to the City. If it becomes necessary to replace any personnel, Service Provider will provide as a replacement a person with equivalent or better qualifications, as approved by the City (such approval not to be unreasonably withheld).

1 1.3. Service Provider warrants to City that Service Provider has sufficient experience and financial resources to complete the Services required by this Agreement.

1.1.4. Service Provider will perform the Services in a timely manner and in accordance with any schedule set forth in Exhibit "A." The parties agree that time is of the essence with respect to Service Provider's performance.

1.1.5. Service Provider warrants that it will perform the Services in a diligent and highly professional manner, in accordance with applicable law and through experienced individuals trained to perform the Services. Service Provider will obtain all required governmental and third-party licenses, approvals and permits appropriate for the provision of Services and deliverables.

1.1.6. Service Provider warrants that all deliverables will be developed in accordance with the quality standards of the applicable industry, and will meet in all respects the requirements set forth in Exhibit "A." Service Provider further warrants that the Services and deliverables will not infringe or misappropriate the rights of any third party, and that the Service Provider has all power and authority to convey ownership of the Services and deliverables to City in accordance with this Agreement.

1.1.7. City will have a reasonable opportunity (not to exceed thirty (30) days, unless otherwise specified in Exhibit "A" to review all deliverables or Services provided to the City under this Agreement. If the City informs Service Provider of a deficiency in the deliverables or Services, Service Provider will promptly make corrections and resubmit them to the City for review and approval. Service Provider will not charge the City for the time and expense in making corrections to deliverables that fail to comply with the requirements of this Agreement. If Service Provider is not able to timely make all appropriate corrections, the Service Provider will promptly refund any amounts previously paid by the City for work not performed in accordance with this Agreement. Nothing in this clause 1.1.5. will excuse Service Provider from meeting any delivery or project schedule set forth in Exhibit "A."

') Arrrr1llAl A I CCM /1('GC U:\City Budget Common\Service Agreements 1.2.1. Service requested by the City which is not described on Exhibit "A" as part of the Service Provider's services shall be considered as additional services of the Service Provider for which Service Provider may request additional compensation to be paid. The Service Provider shall not perform additional services requiring additional compensation without a written order to do so signed by the Project Manager which contains a mutually agreeable amount of additional compensation for the work. Any work performed by the Service Provider for which a written order with a stated amount of compensation has not been issued shall be conclusively presumed to be part of the Service Provider's Services as set forth in Exhibit "A".

1.2.2. If Exhibit "A" contains provisions for contingent basic services, such services shall not be performed without a written order to perform the work signed by the Project Manager.

SECTION 2 CITY'S RESPONSIBILITIES

2.1. The City shall provide full information regarding requirements for the Services, including a program which shall set forth the City's objectives, schedule, constraints and criteria. including any special requirements, any previous reports or data relative to the Services, flexibility, and expendability of the Services. The City may request the assistance of the Service Provider to define the scope of information needed.

2.2. The City shall establish and update an overall budget for the Services, and the City's other costs and reasonable contingencies related to all of these costs. The City may request the assistance of the Service Provider to estimate Service costs.

2.3. The City shall designate a city representative as the "Project Manager" authorized to act on the City's behalf with respect to the Services. The City or such authorized city representative shall render decisions and inform the Service Provider of the same in a timely manner pertaining to questions or documents submitted by the Service Provider in order to avoid unreasonable delay in the orderly and sequential progress of the Service Provider's Services.

2.4. City may require and Service Provider shall execute, as part of its Services hereunder, any certificates or certifications customarily, commonly, or reasonably required by services of this type. The proposed language of any certificates or certifications requested of the Service Provider or Service Provider's Service Providers shall be submitted to the Service Provider for review and approval at least 14 days prior to execution. The City shall not request certifications beyond the scope of Service Provider's Services under this Agreement.

2.5 Notwithstanding anything to the contrary in this Article 2, the City shall be required to furnish information or services described in this Article 2 only to the extent that such information or service is both reasonably required and actually requested by Service Provider in order to perform Service Provider's Services under this Agreement.

SECTION 3 OWNERSHIP AND USE OF DOCUMENTS

3.1. All deliverables to be provided under this Agreement, and any invention, improvement, discovery, or innovation (whether or not patentable) made, conceived or actually reduced to practice by Service Provider in the performance of Services hereunder (collectively, "Work Product") will be owned exclusively by the City, including all proprietary and intellectual property rights therein. To the extent not automatically vest in the City, Service Provider hereby assigns to the City all right, title and interest in and to the Work Product, including, 2 without limitation, copyright, patent and trade secret rights. Upon the City's request, Service Provider will execute any additional documents necessary for the City to perfect its ownership rights.

3.2 Notwithstanding the foregoing, Service Provider will retain ownership of it pre-existing and proprietary materials and other intellectual property that may be incorporated into the Work Product.

3.3. Copies of City furnished data that may be relied upon by Service Provider are limited to the printed copies (also known as hard copies) that are delivered to the Service Provider. Files in electronic media format of text, data, graphics, or of other types that are furnished by City to Service Provider are only for convenience of Service Provider. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk.

SECTION 4 SERVICE PROVIDER'S CLAIMS AND ARBITRATION

4.1. If any instruction or decision by the Project Manager gives rise to a claim by the Service Provider for additional compensation or time to complete the Services, such claim shall be made in writing to the Project Manager. The claim shall state the amount of additional compensation or time requested and the reasons for the claim. The claim must be filed within ten days of the decision or instruction by the Project Manager giving rise to the claim or it shall be deemed waived by the Service Provider and shall not be subject to any arbitration or litigation.

4.2. In the case of a claim made by the Service Provider, the Project Manager shall confer with Service Provider for the purpose of resolving the claim by mutual agreement. If the parties are able to agree, the Project Manager shall reduce the agreement to writing and it must be signed by both parties to be effective. If the parties are unable to agree the Project Manager shall render a decision in writing. The Project Manager shall make their decision and provide a copy thereof to the Service Provider within ten days of the filing of the claim.

4.3. The decision of the Project Manager shall be final and binding upon the Service Provider unless the Service Provider appeals the decision of the Project Manager to the City Council. Such appeal shall be taken within seven days from the Project Manager's decision by filing with the City Clerk a request for review of the Project Manager's decision and full statement of the facts surrounding the claim and the amount of the claim. The City Council shall fix a date, time and place to hear the matter, which date shall be not less than eleven days from receipt of the request for review. If the matter is not heard within eleven days or a decision not rendered by the City Council within seven days of the hearing, the claim shall automatically be deemed denied by the City Council.

4.4. The decision of the City Council shall be final and binding upon the Service Provider unless within one month from the date of the decision of the City Council or such additional time as the City may agree upon, the City and the Service Provider agree in writing to arbitration or the Service Provider files suit in Woodbury County, Iowa District Court in Sioux City, Iowa.

4.5. All time limits herein may be extended or shortened by agreement between the City and the Service Provider.

4.6 Any other dispute not involving additional compensation or time to complete the Project shall be brought to the attention of the City or the Service Provider in writing as soon as the party becomes aware a dispute exists. The Project Manager shall confer with the Service Provider for the purpose of resolving the dispute by mutual agreement. If the parties are able to agree, the Project Manager shall reduce the agreement to writing and it must be 3 signed by both parties to be effective. If the parties are unable to agree, the Project Manager shall render a decision in writing. The Project Manager shall make the decision and provide a copy thereof to the Service Provider within ten days of the presentation of the dispute. Thereafter, the provisions of paragraphs 4.3 and 4.4. shall apply.

4.7. All claims, disputes and other matters in question between the City and the Service Provider, arising out of or relating to this Agreement or the breach thereof, may be decided by mediation or arbitration, only if the City and the Service Provider can mutually agree in writing upon the time, places, mediators or arbitrators, and various rules of mediation or arbitration conduct, any other paragraph, law or rule to the contrary notwithstanding.

SECTION 5 TERMINATION. SUSPENSION OR ABANDONMENT

5.1. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

5.2. If the Services are suspended by the City for more than 30 consecutive days, the Service Provider shall be compensated for Services performed prior to notice of such suspension. When the Services are resumed, the Service Provider's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Service Provider's services.

5.3. This Agreement may be terminated by the City upon not less than seven days' written notice to the Service Provider in the event that the Project is permanently abandoned. If the Project is abandoned by the City for more than 90 consecutive days, the Service Provider may terminate this Agreement by giving written notice.

5.4. Failure of the City to make payments to the Service Provider in accordance with this Agreement shall be considered substantial nonperformance and cause for termination.

5.5. This Agreement may also be terminated by the City upon seven days written notice, without regard to any fault or failure to perform by any party, and solely for the City's convenience. In the event of such termination, the Service Provider shall be paid compensation in the same manner as set out in paragraph 5.7, and City shall have no further liability for compensation expenses, or fees to Service Provider hereunder except as set out under paragraph 5.8.

5.6. If the City fails to make payment when due the Service Provider for Services, the Service Provider may, upon seven days' written notice to the City, suspend performance of Services under this Agreement. Unless payment in full is received by the Service Provider within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of Services, the Service Provider shall have no liability to the City for delay or damage caused the City because of such suspension of Services.

5.7. In the event of termination not the fault of the Service Provider, the Service Provider shall be compensated for Services performed prior to termination, together with reimbursable expenses incurred and due and termination expenses.

5.8. In the event of any termination under this Article 5, the Service Provider consents to City's selection of another Service Provider of City's choice to assist the City in any way in completing the Project. Service Provider further agrees to cooperate and provide any information requested by City in connection with the completion of the Project. Any

4 services provided by Service Provider which are requested by City after termination shall be fairly compensated by City.

5.9. In the event of termination due to the failure of the Service Provider to abide by the provisions of this agreement, the City may at its option:

5.9.1. Compensate the Service Provider for all Services satisfactorily performed prior to date of termination plus all reimbursable expenses directly associated therewith, and proceed with the Project utilizing the services of other Service Providers, reserving unto itself the right to seek from the Service Provider any damages it may be lawfully entitled to receive.

5.10. In the event of termination, regardless of cause, the Service Provider shall deliver to the City all documents as specified in Paragraph 3.1 for which the City has compensated the Service Provider.

5.11. Termination expenses are in addition to compensation for Services, and include expenses which are directly attributable to termination. Termination expenses shall be actual out-of- pocket costs or expenses incurred by Service Provider as a result of termination not the Service Provider's fault.

SECTION 6 MISCELLANEOUS PROVISIONS

6.1. This Agreement shall be governed by the laws of the State of Iowa.

6.2. The Woodbury County, Iowa, District Court shall have jurisdiction over any litigation between the City and Service Provider over any matter arising out of this Agreement.

6.3. This is a contract for services. Therefore, City shall not be bound to the successors, executors, administrators, assigns or legal representatives of the Service Provider in respect to the covenants and obligations of this Agreement absent specific written agreement to be so bound.

6.4. Neither City nor the Service Provider shall assign or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Service Provider from employing such independent Service Providers, associates and subcontractors as he may deem appropriate to assist him in the performance of services hereunder.

6.5. This Agreement represents the entire and integrated agreement between the City and Service Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and Service Provider.

6.6. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either City or Service Provider.

6.7. Service Provider shall have the right to include representations of the Services. among the Service Provider's promotional and professional materials. Service Provider's materials shall not include City's confidential or proprietary information if City has previously advised the Service Provider in writing of the specific information considered by City to be

5 confidential or proprietary. Service Provider shall not use the design materials in any way which may jeopardize City's entitlement to state or federal funds.

6.8. Service Provider agrees to assist and cooperate with City in any arbitration or litigation involving another person and arising out of services performed by Service Provider under this Agreement. City agrees to pay Service Provider for all services rendered in accordance with the provisions of Paragraph 8.2.3.3. If, however, negligence by Service Provider is found to exist by the factfinder, City shall have no obligation to reimburse Service Provider for services rendered in defending that allegation.

6.9. Neither the Project Manager nor City's review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and Service Provider shall be and remain liable to City in accordance with applicable law for all damages to City caused by Service Provider's negligent performance of any of the services furnished under this Contract.

6.10. The rights and remedies of City provided for under this contract are in addition to any other rights and remedies provided by law.

6.11. Both parties shall be absolved from liability for any act, omission, or circumstances occasioned by any cause whatsoever not within the control of the party affected thereby and which such party could not, by reasonable diligence, have avoided. Such acts, omissions, or circumstances, however, shall not relieve such party of liability in the event of its failure to use reasonable diligence to remedy the situation and remove the cause in an adequate manner and with all reasonable dispatch and to give notice and full particulars of the same in writing to the other party as soon as possible after the occurrence of the caused relied on. The requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes or labor controversies by acceding to the demands of the opposing party or parties.

6.13. All Services described on Exhibit "A" under basic services shall be completed by the time specified in Exhibit "A". If additional services are requested which delay Service Provider in meeting any of these dates, Service Provider shall be entitled to more time to complete the Services specified.

6.14. Service Provider shall not be responsible for the acts or omissions of City, City's other Service Providers, contractors, and subcontractors, any of their agents or employees, or any other persons performing any of the work other than those parties identified in Section 1.1.1. above.

6.15. It is recognized that neither the Service Provider nor the City has control over the cost of labor materials or equipment, over the Service Provider's methods of determining bid prices, or over competitive bidding, market or negotiation conditions. Accordingly, the Service Provider cannot and does not warrant or represent that bids or negotiated prices will not vary from the project budget proposed, established or approved by the City, if any, or from any other cost estimate prepared by the Service Provider. However, if the Service Provider's Services require the project to be designed within a set budget, Service Provider shall be required to re-design the project to bring the cost within the budget at no additional expense to the City.

6.16. In the case of a conflict between the provisions herein and any other attachment to this Agreement, the provisions set forth above will govern, unless otherwise specifically agreed to in writing.

6 SECTION 7 INSURANCE AND INDEMNIFICATION

7.1. The Service Provider shall procure and maintain during the term of this Agreement and subject to availability and at a comparable price for two years thereafter professional liability [errors and omissions] insurance in the amount of $1,000,000.00.

7.2. The Service Provider shall secure and maintain such insurance policies as will protect Service Provider from claims for bodily injuries, death or property damage which may arise from the performance of any work under this Agreement. The following insurance policies are required:

7.2.1 Statutory Workers' Compensation — A standard Workers Compensation policy approved for use in the State of Iowa shall be issued with the following coverages: (a) Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. (b) Employer's Liability Insurance with the following limits: Bodily injury by accident each accident $500,000 Bodily injury by disease each accident $500,000 Bodily injury by disease policy limit $500,000

(2) Comprehensive General Liability (a) Each Occurrence $1,000,000 (b) Aggregate $2,000,000 (c) Personal and Advertising Injury Limit $1,000,000 (d) Products Completed Operations Aggregate Limit $2,000,000 (e) Fire Damage Limit (any one fire) $50,000 (f) Medical Damage Limit (any one person) $5,000

(3) Automobile Public Liability and Property Damage (a) Combined Single Limit $1,000,000

7.3. Certificates of Insurance acceptable to the City indicating insurance required by this Article in force shall be filed with the City prior to commencing any work hereunder. These certificates shall contain a provision that coverage under these policies shall not be canceled until at least thirty days' prior written notice has been given to the City. With regards to the General Liability and Automobile Liability insurance, the City shall be named an additional insured on the Certificate of Insurance.

7.4. Service Provider shall indemnify and save City harmless from all liability for alleged or actual infringement of any patent resulting from the use of apparatus or equipment designed by Service Provider or from the use of any process designed by Service Provider or effected by said apparatus or equipment, and Service Provider shall indemnify and save City harmless from and against all costs, counsel fees, expenses and liabilities incurred in or about any claim of or action for such infringement; provided, however, that City shall promptly transmit to Service Provider all papers served on City in any suit involving such claim of infringement, and provided further, that City permits Service Provider to have entire charge and control of the defense of any such suit.

7.5. Service Provider will indemnify, hold harmless and defend the City, its elected officials, officers, employers, and agents against any and all damages, suits, actions, claims, liabilities, losses, judgments, costs and expense (including attorney fees) arising out of or relating to (i) any personal or bodily injury (including death) or property damage caused by Service Provider's or Service Provider's employee, agent, Service Provider or contractor's negligent, willful or unlawful acts or omissions or breach of Agreement or (ii) an infringement or misappropriation of any third party intellectual property or proprietary rights 7 (including, without limitation, trademark, trade secret, copyright or patent) by the Services or Work Product.

SECTION 8 PAYMENTS TO THE SERVICE PROVIDER

8.1. REIMBURSABLE EXPENSES.

8.1.1. Reimbursable expenses are actual expenses incurred by the Service Provider and Service Provider's employees and Service Providers in the interests of the Project, as identified in Exhibit "A" or as agreed for additional services. If reimbursable expenses are not itemized on Exhibit "A", no charge for reimbursable expenses may be made by the Service Provider for basic services.

8.2. METHOD OF PAYMENTS FOR SERVICES AND EXPENSES OF SERVICE PROVIDER.

8.2.1. City shall pay Service Provider for basic services performed as described on Exhibit "A", a maximum amount as set forth on Exhibit "A". Exhibit "A", "Service Provider's Project Budget" attached hereto, which is a part of this Agreement, sets forth the costs of services, special Service Providers, a reimbursable expenses budget, and a grand total. Billings for services shall be on the basis of the charges set forth therein. The absolute maximum amount payable to the Service Provider for the basic services contemplated by the Agreement is the total sum stated on Exhibit "A". Service Provider assumes complete responsibility for the accuracy of the budget. City is entitled to any savings in the budgeted figures realized during the course of the Project.

8.2.2. City shall pay Service Provider for contingent basic services performed as described on Exhibit "A", under the heading of "Description of Contingent Basic Services", if any, a maximum amount as set forth on Exhibit "A". Exhibit "A", "Service Provider's Project Budget" under the heading "Contingent Basic Services Fee" attached hereto, which is a part of this Agreement, and which sets forth the costs of services, special Service Providers, a reimbursable expenses budget and a grand total. If reimbursable expenses are not itemized on Exhibit "A" no charge for reimbursable expenses may be made by the Service Provider for contingent basic services. Billings for services shall be on the basis of the charges set forth therein. The absolute maximum amount payable to the Service Provider for the contingent basic services contemplated by the Agreement is the total sum stated on Exhibit "A". Service Provider assumes complete responsibility for the accuracy of the budget. City is entitled to any savings in the budgeted figures realized during the course of the Project.

8.2.3. Additional Services. In the event additional services are desired by the City, the same shall be requested by written order which shall specify the additional services and maximum charge therefore including any special Service Providers and reimbursable expenses and shall be signed by the Service Provider and Project Manager. City shall pay Service Provider for additional services rendered under Section 1 as follows:

8.2.3.1.For additional services rendered by Service Provider, the charges set forth in Exhibit "B" for basic services shall be the basis for determining the charges for additional services plus agreed upon reimbursable expenses.

8.2.3.2.For additional services and reimbursable expenses of a special Service Provider employed by Service Provider as part of additional services, the amount billed to Service Provider therefor.

8 8.2.3.3.For the services rendered by principals and employees as Service Providers or witnesses in any litigation, hearing or proceedings in accordance with Paragraph 6.8, at a rate to be negotiated.

8.3. Service Provider shall submit monthly statements for basic and additional services rendered and for allowable reimbursable expenses incurred to the Project Manager based upon actual work completed during the billing period. City shall make prompt monthly payments in response to Service Provider's monthly statements.

8.4. If City fails to make any payment due Service Provider for services and expenses within thirty days after receipt of Service Provider's bill therefor, the amounts due Service Provider shall include a charge at the rate of 1% per month from said thirtieth day, and in addition, Service Provider may, after giving seven days' written notice to City, suspend services under this Agreement until he has been paid in full all amounts due the Service Provider for services and expenses.

SECTION 9 HAZARDOUS ENVIRONMENT

9.1. The City has disclosed to the best of its knowledge to the Service Provider the existence of all asbestos, PCBs, petroleum, hazardous waste, or radioactive material located at, on, or near the site, including type, quantity and location. No additional compensation to perform the services shall be allowed to the Service Provider based upon all disclosed hazardous materials. Service Provider warrants that the Service Provider has given due consideration to the disclosure in preparing Exhibit "B".

9.2. If there has been no disclosure prior to the date of this agreement, the City represents to the Service Provider that to the best of its knowledge a hazardous environmental condition does not exist.

9.3. If a hazardous environmental condition is encountered or alleged, Service Provider shall have the obligation to notify City and, to the extent of applicable Laws and Regulations, appropriate governmental officials.

9.4. If there has been no disclosure of a known hazardous environmental condition, the Service Provider's scope of service does not include any services related to a hazardous environmental condition. In the event Service Provider or any other party encounters a hazardous environmental condition, Service Provider may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until City: (i) retains appropriate specialist Service Provider(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous environmental condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations.

9.5. If Service Provider's services under this agreement can not be performed because of a hazard environmental condition, the existence of the condition shall justify Service Provider terminating this agreement for cause on 30 days notice. The provisions of paragraph 5.7 shall apply.

U:\City Budget CommorAService AgreementskService Provider Agreement (General ConditJons).Docx 9 L)(1/061:4-5 ciekd

AMERICAN COATING AND WELDING, LLC

We greatly appreciate the opportunity to earn your business. As a Blasting and Painting contractor, we have years of experience performing quality for commercial and residential clients. Our team of experienced blasting and painting specialize in providing high-quality work in a timely manner, at an affordable cost, and with minimal disruption to your property. In this proposal, you'll find details regarding the scope of work for the project along with associated costs. Should you have any questions, feel free to reach out via the following means:

Office phone: 712.433.9353

Cell Phone: 712.420.1669

E-Mail: [email protected]

Why Us?

There are a number of painting contractors in the Sioux City area. When you choose a contractor for your painting project, care should be taken to find a contractor that has a proven track record for quality work, is properly insured, and offers competitive pricing.

We pride ourselves on offering the highest quality work in the area. To see examples of past projects, visit our website www.americancoatingandwelding.com or our facebook page. https://www.facebook.com/PaintWeldingBiasting/?ref=aymt homepage panel

Scope Of Work

The contractor shall furnish labor, material and equipment to complete the following work on the fire hydrants:

• Remove any loose paint, oils, grease, etc. (blasting fire hydrants) • Blasted surface shall be painted with Extreme Coat Gen -1 Part — A & B or paint that is equal to or greater. Color safety yellow • All surfaces shall be smooth, clean and dry prior to paint coatings • All finish coatings shall be applied to manufacturing specs • All Coatings will have a portable paint booth that will be used before applying paint

POC: Randy Lee, Owner Location: 2057 Cameo Street, Onawa IA 51040 Ph: 712433.9353 E-Mail: [email protected] Website: www.americancoatingwelding.corn AMERICAN COATING AND WELDING, LLC

PROPOSAL SHEET

Pricing Section

Item No. Items Unit Qty Unit Price Total Year 1 Blasting and Painting Fire Hydrants - Safty Yellow Hydrant 475 $300 142,500 Year 2 Blasting and Painting Fire Hydrants - Safty Yellow Hydrant 475 $300 142,500 year 3 Blasting and Painting Fire Hydrants - Safty Yellow Hydrant 475 $300 142,500

The pricing in this blasting and painting proposal includes all time and materials to complete the work described above. All prep work, painting, cleanup, and disposal requirements reflect in the price section of this blasting and painting proposal.

Will do above mentioned work for $ 300 per fire hydrant

OWNER'S Rights Reserved: The undersigned understands that the Owners reserve the right to reject any or all proposals or to waive any informality or technicality in any proposal in the interest of the owner.

THE ABOVE PROPOSAL IS HEREBY RESPECTIVELY SUBMITTED BY:

American Coating And Welding, LLC

Contractor

Randy Lee

POC

Manager

Title

2057 Cameo St

Business Address

Onawa IA 51040

City State Zip

Date: 03/06/2019 Office:712.433.9353 Cell: 712.420.1669

POC: Randy Lee, Owner Location: 2057 Cameo Street, Onawa IA 51040 Ph: 712A33.9353 E-Mail: [email protected] Website: www.americancoatingweIding.com d It

BOND No. 72182260

PERFORMANCE, PAYMENT, AND MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS That we, the undersigned, AMERICAN COATING AND WELDING )..LC OF ONAWA. IOWA as Principal (hereinafter called "Contractor or "Principal"), and WESTERN SURETY COMPANY , as Surety are held and firmly bound unto the City of Sioux City, Iowa, as Obligee, (hereinafter called "City") and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Sixty Thousand Dollars and 00/100 Cents 060,000.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents.

The conditions of the above obligations are such that whereas said Contractor entered Into a contract with the City, bearing the date of (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: RFB #255914; Annual Fire Hydrant Painting For Hydrants Completed In Calendar Year 2010 and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents.

It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:

1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract.

2. PAYMENT: The Contractor and the Surety on this Bond hereby agree to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to; claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, arid tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein.

3. MAINTENANCE. The Contractor and the Surety on this Bond hereby agree, at their own expense.

A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two years.

B. To keep all work in continuous good repair; and

C To pay the City's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section.

Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted.

4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions:

D-1 ftz,be -1 1f116PN A. To consent without notice to any extension of time to the Contractor in which to perform the Contract;

B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty-five percent of the total contract price, and that this bond shall then be released as to such excess increase; and

C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor.

The Contractor and every Surety on the bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions:

A. That no provision of this Bond or of any other contract shall be valid which limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond.

B. That as used herein, the phrase "all outlay and expense' is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the City including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys' fees (including overhead expenses of the City's staff attorneys), and all costs and expenses of litigation as they are incurred by the City. It is intended that Contractor and Surety will defend and indemnify the City on all claims made against the City on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the City will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first stance as required.

In the event the City incurs any "outlay and expense" in defending itself with respect to any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the City whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond.

In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Woodbury County District Court, State of Iowa. If legal action is required by the City to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the City, the Contractor and the Surety agree, jointly and severally, to pay the City all outlay and expense incurred therefore by the City. All rights, powers, and remedies of the City hereunder shall be cumulative and not alternative and shall be in addition to Surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor Is joined In any such action or actions or not.

NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

When a work, term, or phrase is issued in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage.

D-2 Re4r..0 1/1110 An Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.

SURETY: PRINCIPAL:

WESTERN SURETY COMPANY American Coating and Welding LLC Surety Com0a y Contractor BY: 7-26-19 BY: 64 Signature Attu. ey-in-Fact/Officer Signature

SHARIF ISMAIL J,9 /EAN h be Name of Attorney-in-Fact/Officer Name (Print/Type)

WESTERN SURETY COMPANY AV/yr pei-- AP np Company Name Title

151 N. Franklin, 17th Floor 2057 Cameo St Company Address Address

Chicago, IL 60606 Onawa, IA 51040 City, State, Zip Code City, State, Zip Code

605-336-0850 Company Telephone Number Telephone Number

Note: All signatures on this bond must be original signatures in ink; copies of facsimile of any signature will not be accepted. This bond must be sealed with the Surety's seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's seal.

D-3 ;A-4sta 3/1 fl 6 AM Western Surety Company

POWER OF ATTORNEY - CERTIFIED COPY

Bond No 72182260 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint SHARI F ISMAIL

its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for:

Principal: American Coating and Welding LLC

Obligee: City of Sioux City

Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect.

"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Sek..Letary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."

If Bond No. 72182260 is not issued on or before midnight of October 31, 2019 all authority conferred in this Power of Attorney shall expire and terminate. 04tiettayho.,...... c Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its co 4-274. .k..is 26th day of , July , 2019 ▪. .. , ,. 0 " 14):Irol WEST SURE COMPANY :la Cji .‘t3P'24 F.- tai i MI 7.— ..cti iiiittat‘HAA 1 Paul T. ruflat, Vice President iii, 61. ss co On this 26th day of Ju , in the year 2019 , before me, a notary public, personally appeared Paul T. Brufiat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. + J. MOHR • NC7TABY PUBLIC f d Notary Public - South Dakota • SOUTH DAKOTA + %%%%%%% + My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this day of

WEST SURETY COMPANY

Paul T. $ruflat, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage.

Form F5306-10-2017 ACCORD DATE (MM/OD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/27/2019 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). CONTACT PRODUCER NAME: Matt Wise PHONE FAX Midwest Insurace Partners !A/C. No. 712-254-8292 (A/C. No): 877-777-3119 E-MAIL P.O. Box 832 ADDRESS: [email protected] Sioux City, IA 51102 INSURER(S)AFFORDING COVERAGE NAM* INSURER A : Liberty Mutual 23043 INSURED INSURER B American Coating & Welding LLC INSURER C : 2057 Cameo St INSURER D : Onawa, IA 51040 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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. NOTVVITHSTANDING 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ADMINSD SUERWVD POUCY NUMBER IMM/DD/YYYY) IMM/DINYVYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0000, DAMAGE TO RENTED PREMISES (Ea ocairrence) 10 000 MED EXP (My one person) $ 5,000 A US059129629 03/15/2019 03/15/2020 PERSONAL& ADV INJURY $ 1,000,000 GENT. AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 PRO- POLICY JECT n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABIUTY $ 1,000,000 (Ea accident) . . . ANY AUTO BODILY INJURY (Per person) $ 1,000,000 _ OWNED Ni• SCHEDULED BODILY INJURY accident) $ A E AUTOS ONLY •••• AUTOS BAS59129629 03/15/2019 03/15/2020 (Per HIRED NON-O'M'IED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $

X UMBREU-A UAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS UAB CLAIMS-MADE BKS59129629 03/15/2019 03/15/2020 AGGREGATE $ 1,000,000 DED X RETENT ON $ $10,000 $ WORKERS COMPENSATION PER OTH- STATTOTE ER AND EMPLOYERS' UABIUTY y / NI ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ $500,000 A oFFICER/MEMBER EXCLUDED? Y N /A XWO59129629 03/15/2019 03/15/2020 • (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S $500,000

DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project: Fire Hydrant Refinishing

The City of Sioux City is listed as Additional Insured on General Liability & Automotive Liability. Umbrella Liability Policy 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 ACCORDANCE WITH THE POLICY PROVISIONS. City Of Sioux City P.O. Box 447 AUTHORIZED REPRESENTATIVE Sioux City, IA 51102