NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF SIOUX CITY, 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, May 6, 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. Interview for the Environmental Advisory Board: Paul Taylor, II

CONSENT AGENDA

Items 3 through 18E 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 April 22 and 24, 2019. (CLOSED, REGULAR, JOINT)

4. GLENN AVE - Resolution rejecting the bids received for the proposed construction of the Glenn Avenue from South Cecelia Street to South Rustin Street Reconstruction Project, Io- wa Department of Transportation Project No. STP-U-7057(702)--70-97. (City Project No. 6964-719-357)

5. LEAD PAINT - Resolution authorizing publication of a Notice of Intent to Request Release of Funds and authorizing and directing the Mayor to execute a Request for Release of Funds and Certification of Environmental Review pursuant to the regulations of the United States Department of Housing and Urban Development in conjunction with the 2018 Lead- Based Paint Hazard Reduction Grant Program.

6. ACTION PLAN - Resolution approving the FY 2019 Annual Action Plan for the Sioux City Consortium in conjunction with the Community Development Block Grant Program, the HOME Investment Partnership Program, and the Emergency Solutions Grant Program, and authorizing and directing the City Manager to execute the necessary and required applica- tions, assurances and certifications in connection with said programs.

7. MORNINGSIDE DAYS - Resolution temporarily closing Orleans Avenue from Morningside Avenue to South Saint Aubin Street beginning at 12:01 a.m. May 14, 2019 and ending at 12:00 Midnight May 19, 2019 to accommodate the Morningside Days Carnival and tempo- rarily closing Morningside Avenue from South Hennepin Street to Peters Avenue and Pe- ters Avenue from Morningside Avenue to South Alice Street beginning at 5:30 p.m. and ending at 7:30 p.m. May 16, 2019 and restricting travel to local traffic only on the side streets south of Morningside Avenue from Morningside Avenue to 5th Avenue on South Clinton Street and South Henry Street, 3rd Avenue and 4th Avenue from South Nicollet Street to South Henry Street, 5th Avenue from South Clinton Street to South Henry Street, and the east/west alleyway bounded by South Clinton Street, South Henry Street, 3rd Ave- nue, and Morningside Avenue to accommodate the Morningside Days Parade.

8. DIVISION ST - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Division Street Paving Project. (Seneca Way to Pueblo Court) (Project No. 7051-719-121)

9. PUBLIC WORKS - 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. (Maintenance Electrician, Class Code IV-6328)

10. NYSTROM - Resolution approving payment to Nystrom Electric, Inc. of Sioux City, Iowa in the amount of $50,536.98 for the emergency repairs to the meter and traffic signal control box in the 2900 block of Hamilton Boulevard. (RFQ No. 256846)

11. SOUTHERN HILLS - Resolution setting dates of a consultation and a public hearing on proposed Amendment No. 1 to the Amended and Restated Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area of the City of Sioux City, Iowa. (4501 South- ern Hills Drive)

12. HPC - Motion appointing Dakota Kenney to the Historic Preservation Commission to com- plete the balance of a three-year term expiring June 30, 2021, replacing Dennis Hill.

13. CIVIL PENALTIES AND SUSPENSIONS

A. TRANSIT GENERAL - Resolution fixing a date, time and place for a hearing on a pro- posed civil penalty of $300 against Indigo LLC doing business as Transit General Store, 2324 Transit Avenue, Sioux City, Iowa, for violation of the Iowa cigarette laws.

B. TOBACCO HUT - Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300 against KKNJ Incorporated doing business as Tobacco Hut No. 11, 4523 Morningside Avenue, Sioux City, Iowa, for violation of the Iowa cigarette laws.

C. ABARROTES AGUILAR - Resolution fixing a date, time and place for a hearing on a pro- posed $1,500 civil penalty or thirty (30) day suspension of a cigarette permit issued to Emma Aguilar doing business as Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa, for violation of the Iowa cigarette laws.

14. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. CRYSTALIZATIONS - Resolution awarding a Service Provider Agreement to Crystali- zations Systems, Inc. of Holbrook, New York for the relocation of existing painting stor- age system at the Sioux City Art Center. (RFB No. 256365)

B. WEST COAST - Resolution approving a fiscal management service agreement between the City of Sioux City and Iowa’s West Coast Initiative for the purposes of regional entre- preneurial development efforts.

C. KINSETH - Resolution authorizing and approving a First Amendment to the Develop- ment Agreement and Minimum Assessment Agreement with Kinseth Hospitality Com- pany, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC. (900 4th Street)

D. INFRA-TRACK - Resolution awarding and approving a contract to Infra-Track, Inc. in the amount of $273,937 for the Riverside Boulevard Storm Sewer Cleaning Project. (Project No. 7033-549-101)

E. MUNICIPAL PIPE - Resolution awarding and approving a contract to Municipal Pipe Tool Co., LLC in the amount of $299,983 for the 2019 Annual Utility Lining Project. (Project No. 7020-539-217)

F. ALBENESIUS - Resolution awarding and approving a contract to Mark Albenesius, Inc. in the amount of $469,003.89 for the 2019 Parking Lot Reconstruction Sioux City Police Station Project. (Project No. 6998-195-009)

G. DAKTRONICS - Resolution awarding and approving a contract to Daktronics, Inc. in the amount of $877,000 for the Tyson Events Center Video and Scoreboard System Project. (Project No. 7042-379-051)

15. PURCHASING

A. INTEGRATION PARTNERS - Resolution awarding a purchase order to Integration Partners of Papillion, Nebraska in the amount of $97,230.35 for the purchase of Ex- treme Network Switches. (Requisition 256855)

B. C.A.P. RECYCLING - Resolution awarding a purchase order to C.A.P. Recycling of Mapleton, Iowa in the amount of $9.50 per ton for the purchase of “clean” asphalt mill- ings, “clean” 1½” crushed concrete, “clean” 2” crushed concrete, “clean” 3” crushed concrete, 1½” crushed concrete, and crushed asphalt until May 13, 2020. (RFQ No. 256098)

C. BOUND TREE - Resolution awarding purchase orders to Bound Tree Medical LLC in a total amount not to exceed $81,000 for the purchase of small medical equip- ment/supplies and pharmaceuticals for the Sioux City Fire Department – Emergency Medical Services Division. (Bid Nos. 256396 and 256401)

16. APPLICATIONS FOR CIGARETTE, TOBACCO, NICOTINE, VAPOR PERMITS

A. OVER-THE-COUNTER 1. 75 Pronto Express, 1800 N U.S. Highway 75 (Renewal) 2. Blue Ribbon Tap, 415 Pearl Street (Renewal) 3. Central Mart, 1203 Tri View Avenue (Renewal) 4. Central Mart, 2501 Floyd Boulevard (Renewal) 5. Chasing Clouds Vape, 3208 Singing Hills Boulevard (Renewal) 6. Cubby’s Sioux City, 4200 South York Street (Renewal) 7. Dollar General Store No. 405, 3908 Floyd Boulevard (Renewal) 8. Dollar General Store No. 2900, 1936 Riverside Boulevard (Renewal) 9. Dollar General Store No. 2936, 2500 Glenn Avenue (Renewal) 10. Dollar General Store No. 3009, 2528 Myrtle Street (Renewal) 11. Dollar General Store No. 5857, 5977 East Gordon Drive (Renewal) 12. Dollar General Store No. 5881, 1030 Riverside Boulevard (Renewal) 13. Downtown Liquor, 1203 5th Street (Renewal) 14. East End Car Wash, 5401 Morningside Avenue (Renewal) 15. Family Dollar No. 25720, 2200 Riverside Boulevard (Renewal) 16. Fleet Farm, 5858 Sunnybrook Drive (Renewal) 17. Fleet Farm Fuel, 5860 Sunnybrook Drive (Renewal) 18. Golf Shop at Green Valley, 4300 Donner Avenue (Renewal) 19. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (Renewal) 20. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) 21. Hy-Vee Food Store No. 2, 4500 Sergeant Road (Renewal) 22. Hy-Vee Food Store No. 3, 3301 Gordon Drive (Renewal) 23. Hy-Vee Gas No. 1, 2801 Hamilton Boulevard (Renewal) 24. Hy-Vee Gas No. 2, 4450 Sergeant Road (Renewal) 25. Hy-Vee Gas No. 3, 3333 Gordon Drive (Renewal) 26. Hy-Vee Mainstreet, 2611 Pierce Street (Renewal) 27. Jim’s Lounge, 4505 Stone Avenue (Renewal) 28. K and K Quick Corner, 1401 Court Street (Renewal) 29. La Plazita Latina, 1300 West 4th Street (Renewal) 30. Laurence’s Market, 2020 27th Street (Renewal) 31. Love’s Travel Stop No. 479, 2525 Singing Hills Boulevard (Renewal) 32. Murphy USA No. 6843, 3420 Singing Hills Boulevard (Renewal) 33. Murphy USA No. 6921, 3115 Floyd Boulevard (Renewal) 34. Paxton Tap, 2110 South Paxton Street (Renewal) 35. Pilot Travel Center No. 594, 2815 Singing Hills Boulevard (Renewal) 36. Sam’s Club No. 6432, 4201 York Street (Renewal) 37. Sam’s Mini Mart, 923 West 7th Street (Renewal) 38. Sam’s Mini Mart, 4218 Morningside Avenue (Renewal) 39. Sarg’s Mini Mart, 1545 Indian Hills Drive (Renewal) 40. Sarg’s Mini Mart, 2329 West 2nd Street (Renewal) 41. Sarg’s Mini Mart, 3407 Glenn Avenue (Renewal) 42. Select Mart, 623 14th Street (Renewal) 43. Select Mart, 2825 Gordon Drive (Renewal) 44. Spencer Gifts, 4400 Sergeant Road No. 522 (Renewal) 45. Tobacco Hut No. 11, 4523 Morningside Avenue (Renewal) 46. Tobacco Hut No. 12, 1900 27th Street (Renewal) 47. Vi E-Cig and Vape Lounge, 3407 Singing Hills Boulevard (Renewal) 48. Wal-Mart No. 1361, 3400 Singing Hills Boulevard (Renewal) 49. Wal-Mart No. 3590, 3101 Floyd Boulevard (Renewal)

B. VENDING MACHINE 1. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (Renewal)

17. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry- out) A. Stoney Creek Inn of Sioux City, 300 3rd Street (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) A. Blue Ribbon Tap and Pearl’s Wine and Booze, 415-417 Pearl Street (Re- newal) B. Firehouse Bar, 1211 5th Street (Temporary Outdoor Service for Awesome Biker Nights, June 7-9, 2019) C. Firehouse Bar, 1211 5th Street (Temporary Outdoor Service for Gay Pride Event, May 31-June 2, 2019) D. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (New 5 Day License for Battery Park Concert Series, May 19-23, 2019; June 9-13, 2019; July 16-20, 2019; July 23-27, 2019) E. La Familia Nightclub, 420 Jackson Street (Renewal) F. Spectra Food Services and Hospitality, 3400 Line Drive (New 6 Month License for Lewis and Clark Ball Park) G. Tav on the Ave, 914 Morningside Avenue (Renewal) H. Teasers Gentlemens Club, 1127 4th Street (New 5 Day License for Awesome Biker Nights, June 5-9, 2019) I. Trattoria Fresco, 511 4th Street (Renewal)

B. OFF PREMISE SALES 1. CLASS B WINE PERMIT (wine only) A. East End Car Wash and Detail Center, 5401 Morningside Avenue (Renewal) B. Sam’s Club No. 6432, 4201 South York Street (Renewal) 2. CLASS B NATIVE WINE PERMIT (Iowa wine only) A. Stoney Creek Inn of Sioux City, 300 3rd Street (Renewal) 3. CLASS C BEER PERMIT (beer/wine coolers) A. East End Car Wash and Detail Center, 5401 Morningside Avenue (Renewal) B. Sam’s Club No. 6432, 4201 South York Street (Renewal) 4. CLASS E LIQUOR LICENSE (liquor only) A. Sam’s Club No. 6432, 4201 South York Street (Renewal)

18. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Art Center Board of Trustees – April 18, 2019 B. Events Facilities and Tourism Advisory Board – March 1 and April 5, 2019 C. Parking and Skywalk System Board of Trustees – March 20 and April 24, 2019 D. Seniors Advisory Committee – April 23, 2019 E. Transit System Advisory Board – April 17, 2019

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

19. Hearing and Ordinance vacating that part of West 20th Street adjacent to 1945 Ruby Street. (Petitioner: Donald Gustin) The Planning and Zoning Commission recommends ap- proval of this item. (File No. 2019-0024)

20. Hearing and Ordinance vacating that part of Peters Avenue adjacent to 1500 South Cleve- land Street. (Petitioner: Richard Mrla) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0020)

21. Hearing and Ordinance adopting a site plan for 1400 West 1st Street. (Area Zoned GI (General Industrial)) (Petitioner: Joshua Watson – U.S. Cellular) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0021)

22. Hearing and Ordinance adopting a site plan for 4200 Green Avenue. (Area Zoned NC.3 (Neighborhood Conservation, 6,000 square feet per unit minimum)) (Petitioner: USCOC of Greater Iowa, LLC, U.S. Cellular) The Planning and Zoning Commission recommends ap- proval of this item. (File No. 2019-0023)

23. Hearing and Ordinance adopting a site plan for 4901 Frelon Drive. (Area Zoned GI (General Industrial)) (Petitioner: Joshua Watson – U.S. Cellular) The Planning and Zoning Commis- sion recommends approval of this item. (File No. 2019-0022)

HEARINGS

24. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the Tyson Events Center Building Automation System Upgrades Project. (Project No. 7052-379-010)

25. Hearing and Resolution approving proposal to sell certain real property, authorizing a Cor- rective City Deed and rescinding all conflicting resolutions. (The south one-half of vacated Darling Avenue abutting 3615 7th street) (Petitioner: Darrell D. Knee and Karen S. Knee) (Purchase price: $1,755.60 plus costs)

PRESENTATION

26. Downtown Partners Quarterly Update

27. CITIZEN CONCERNS

28. COUNCIL CONCERNS

29. 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, ser- vices, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204, (712) 279-6175. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.

x Regular Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 2 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

SUBJECT: Interview for the Environmental Advisory Board: Paul Taylor, II

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

RECOMMENDATION: Staff respectfully requests that City Council interview the applicant listed for vacant positions on the Civil Service Commission.

DISCUSSION: Environmental Advisory Board - there is 1 position vacant as of July 9, 2018 due to the resignation of Craig Keiser.

Paul Taylor, II has not previously served on any of the City Council appointed Boards, Com- missions, or Committees.

Below is a portion of the Vacancy Report pertinent to Environmental Advisory Board: Environmental Advisory Board **Check Membership Requirements** Vacancy Infor- 1 Vacancy: NAME EXPIRES mation Craig Keiser Resigned 07/09/18 12/31/19

9 Members: NAME TERM (3 Year) APPOINTMENT EXPIRES Brooke Muhlack 1st 02/27/17 12/31/19 Craig Keiser 1st 02/27/17 12/31/19 John R Helms 1st 03/20/17 12/31/19 Adam Wheelock 2nd 01/29/18 12/31/20 Dr. Brooke Gilbert 2nd 01/29/18 12/31/20 David Hoferer 1st 04/23/18 12/31/20 Sara Steussy 2nd 01/14/19 12/31/21 Carrie Radloff 3rd 02/11/19 12/31/21 Richard Wissing 2nd 03/11/19 12/31/21

Application Re- App Ex- 2 Applications: NAME Interview date/Notes ceived pires 04/09/18 attempted to Chad Rea 03/29/18 09/29/19 contact; no response Paul Taylor, II 04/23/19 05/06/19 10/23/20

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in Municipal Government. Relates to Progressive Leadership Vision - We will use formal and informal methods to en- gage the Council, our employees, and our customers to promote enhanced organizational en- gagement and commitment to our shared vision; also relates to Strategy - Develop strong partnerships with our residents, visitor’s and business community. As stewards of the City of Sioux City we will strive to enhance connectivity with citizens and businesses – Encourage resident engagement within the community.

ALTERNATIVES: Staff respectfully requests Council interview all Board, Commission and Committee appli- cants; Council may then choose to appoint or not to appoint each interviewee per their indi- vidual preference.

City Clerk’s staff will collect preferences from Council after all applicants for each Board, Commission and Committee have interviewed and the expiration dates of the terms to be filled have passed.

ATTACHMENTS: Application

None

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 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 dis- cuss the purchase or sale of particular real estate where premature disclosure could be reasonably expected to increase the price the City would have to pay for that property or reduce the price the City would receive for that property; all vot- ing aye.

Motion by Scott, seconded by Capron, that Council return to open session at 3:47 p.m.; all voting aye. (Moore and Watters were absent from this vote)

ADJOURNMENT

There being no further business, the meeting was adjourned at 3:48 p.m., on mo- tion by Scott, seconded by Capron; all voting aye. (Moore and Watters were ab- sent from this vote)

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\042219csm CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 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.

2. Presentation on Sustainability Initiatives in Sioux City

Melissa Campbell, Environmental Service Analyst; and Joschua Schanda, Environmen- tal Services Intern, provided information on the item.

CONSENT AGENDA

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 14F are approved unanimously unless specifically noted af- ter the item.

3. Reading of the City Council minutes of April 15, 2019.

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

4. GREAT PLACES - Resolution authorizing the Parks and Recreation Department to submit an Iowa Great Places Re-Designation application to the Iowa Department of Cultural Affairs for Sioux City Downtown and Riverfront projects. 2019-0320

Matt Salvatore, Parks and Recreation Director; and Angel Wallace, Parks and Recrea- tion Manager, provided information on the item.

5. GORDON DR - Resolution rejecting the bids received for the proposed construction of the Gordon Drive Berm Repair Project (Project No. 6950-549-101), and ordering the return of all bid bonds. 2019-0321

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

6. TYSON EVENTS - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Tyson Events Center Building Automation System Upgrades Project. (Project No. 7052-379-010) 2019-0322

7. BEHRENS - Resolution approving settlement of a tort claim and authorizing pay- ment thereof (Behrens) 2019-0323

8. ACTIONS RELATING TO GRANTS

A. HANGAR 802 - Resolution authorizing the Airport Director to submit an Airport State Funding Application for an Airport Improvement Program Grant in the amount of $408,000 to the Iowa Department of Transportation to assist in the Refurbishment of Hangar 802 Project at the Sioux Gateway Airport/Bud Day Field. 2019-0324

B. SRE STORAGE - Resolution authorizing the Airport Director to submit an Air- port State Funding Application for an Airport Improvement Program Grant in the amount of $220,000 to the Iowa Department of Transportation to assist in the design and site preparation for the Snow Removal Equipment (SRE) Storage Building Addition Project at the Sioux Gateway Airport/Bud Day Field. 2019-0325

C. TAXIWAY A - Resolution authorizing the Airport Director to submit an Airport State Funding Application for an Airport Improvement Program Grant in the amount of $425,000 to the Iowa Department of Transportation to assist in the partial rehabilitation of the Taxiway A Project at the Sioux Gateway Airport/Bud Day Field. 2019-0326

D. TAXIWAY C - Resolution authorizing the Airport Director to submit an Airport State Funding Application for an Airport Improvement Program Grant in the amount of $308,000 to the Iowa Department of Transportation to assist in the Taxiway C Shoulder Project at the Sioux Gateway Airport/Bud Day Field. 2019-0327

E. AIRPORT MARKETING - Resolution authorizing the Airport Director to apply for a FY2020 Air Service Sustainment Grant from the Iowa Department of Trans- portation in the amount of $48,000 to assist with marketing efforts at the Sioux Gateway Airport/Bud Day Field. 2019-0328

F. HANGAR REFURB - Resolution authorizing the Airport Director to submit an Airport State Funding Application for a Commercial Service Vertical Infrastruc- ture Grant in the amount of $106,518 to the Iowa Department of Transportation to assist in hangar refurbishment and potential new hangar construction at the Sioux Gateway Airport/Bud Day Field. 2019-0329

G. TRANSIT IDOT - Resolution authorizing and approving the submission of an application for Annual Consolidated Transit Assistance Funding from the Iowa Department of Transportation. 2019-0330

H. TRANSIT FTA - Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States De- partment of Transportation, for Federal Transportation Assistance authorized by 49 U.S.C Chapter 53, United States code and other federal statutes adminis- tered by the Federal Transit Administration. 2019-0331

9. ACTIONS RELATING TO STREET CLOSURES

A. CINCO DE MAYO - Resolution temporarily closing 4th Street from Jackson Street to Jones Street beginning at 12:00 p.m. May 4, 2019 and ending at 2:00 a.m. May 5, 2019 to accommodate the Cinco de Mayo Festival. 2019-0332

Angel Wallace, Parks and Recreation Manager, provided information on the item. David DeLeon, Club Riviera Owner; Lonnie Fentress, Club Riviera Security; Diane Daby, Jim France, and Frank Wellenstein, 700 4th Street residents, spoke on the item.

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

B. HEELAN GRADUATION - Resolution temporarily closing Pierce Street from 5th Street to 6th Street and the adjacent east/west alleys between the west end of the Wilbur Aalfs Library to the east end of the Orpheum Theatre beginning at 1:00 p.m. and ending at 4:00 p.m., May 19, 2019 to accommodate the Bishop Heelan High School outdoor graduation reception. 2019-0333

C. SATURDAY IN THE PARK - Resolution temporarily closing 24th Street from Douglas Street to McDonald Street; Grandview Boulevard from 24th Street to Stone Park Boulevard and McDonald Street and Summit Street from 24th Street to the City’s greenhouse at 2701 Summit Street beginning at 12:00 Mid- night July 6, 2019 and ending at 5:00 a.m. July 7, 2019 for the Saturday in the Park Festival. 2019-0334

10. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. FAMILY STRIPING - Resolution awarding a Service Provider Agreement to Family Striping of LeMars, Iowa in the amount of $225 per hydrant for the 2019, 2020, and 2021 Fire Hydrant Painting Project. (Bid No. 255914) 2019-0335

Jon O’Brien, Utilities Supervisor, provided information on the item.

B. JONES CONSTRUCTION - Resolution approving Change Order No. 2 to the contract with John T. Jones Construction Co. of Fargo, North Dakota in the amount of $221,038 for emergency cleaning and repairs made to primary clari- fiers No. 1 and No. 2 at the Wastewater Treatment Plant following the recent flooding incident. 2019-0336

C. BAINBRIDGE/WESLEY PKWY - Resolution awarding and approving a contract to Bainbridge Construction of Kingsley, Iowa in the amount of $134,878.50 for the Wesley Parkway Sidewalk Widening Project. (Project No. 7037-459-318) (Wesley Parkway and 3rd Street) 2019-0337

D. BAINBRIDGE/CHRISTY RD - Resolution awarding and approving a contract to Bainbridge Construction of Kingsley, Iowa in the amount of $175,122.50 for the Christy Road Sidewalk Improvements Project. (Project No. 7030-459-324) 2019-0338

E. SC ENGINEERING - Resolution awarding and approving a contract to Sioux City Engineering Company in the amount of $4,174,566.20 for the construction of the Pierce Street Reconstruction, 18th Street to 24th Street Project. (Project No. 6985-719-286) 2019-0339

F. ALBENESIUS - Resolution awarding and approving a contract to Mark Albene- sius Inc. in the amount of $701,661.30 for construction of the 2019 Jones Street Public Improvements Project. (Project No. 7036-719-210) 2019-0340

Jill Wanderscheid, Neighborhood Services Manager, provided information on the item.

G. IMPACT7G - Resolution approving a consulting services agreement with Im- pact7G, Inc. of Sioux City, Iowa in an amount not to exceed $240,000 for com- pletion of Lead Inspections / Risk Assessments and bid specification activities in connection with the FFY 2018 Lead-Based Paint Hazard Reduction Program grant. 2019-0341

H. WEGHER - Resolution approving Change Order No. 2 to the contract with Wegher Construction Co. in the amount of $2,770 for masonry repairs along west exterior wall; relocation of construction fencing and repairs to exterior planter in connection with the Sioux City Public Library Morningside Branch Li- brary Renovation (Project No 7005-319-007) 2019-0342

Helen Rigdon, Library Director, provided information on the item.

11. ACTIONS RELATING TO PROPERTY

A. KNEE - Resolution proposing to sell certain real property and rescinding all con- flicting resolutions. (the south one-half of vacated Darling Avenue abutting 3615 7th Street) (Petitioner: Darrell D. Knee and Karen S. Knee) (Purchase Price: $1,755.60 plus costs) 2019-0343

B. WARRIOR - Resolution inviting proposals for the sale of land in the Combined Central Sioux City - CBD Urban Renewal Area, announcing the intent to accept the proposal of Limited Partnership, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Vacated north/south and east/west alleys bounded by 6th Street, Nebraska Street, 7th Street and Pierce Street) 2019-0344

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

12. PURCHASING

A. HAWKINS - Resolution approving Renewal Option No. 2 with Hawkins, Inc. of Sioux Falls, South Dakota for an additional one (1) year period in connection with the purchase of aluminum sulfate commencing May 8, 2019 and ending May 7, 2020. (RFB No. 244893) 2019-0345

B. SHERWIN - Resolution awarding a purchase order to Sherwin Industries of Sioux City, Iowa in the amount of $65,420 for the purchase of one (1) paint ma- chine. (RFQ No. 255696) 2019-0346

13. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) A. Bill’s Bar, 2110 Court Street (Renewal) B. Castle Pub and Grill, 4400 Singing Hills Boulevard (Renewal) C. Club Riviera, 714 4th Street (Temporary Outdoor Service Cinco de Mayo, May 4-5, 2019) D. La Fiesta Charra, 3079 Floyd Boulevard (Renewal) E. Mavericks, 416 Cunningham Drive (Renewal) F. Rox & Rails, 1012 4th Street (Renewal) G. Vangarde Arts, 416 Pierce Street (Renewal)

14. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Airport Board of Trustees – March 21, 2019 B. Library Board of Trustees – April 10, 2019 C. Senior Advisory Committee – March 26, 2019 D. Sioux City Sports Commission – April 10, 2019 E. Woodbury County Information and Communication Commission – March 13, 2019 F. Yamanashi City Sister City Committee – January 17, 2019

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

15. Resolution accepting and approving the final plat of Verlinden’s Second Addition, being a Replat of Lots 3, 5, and 6 in Verlinden's Addition and a part of the SW 1/4 of Section 36, Township 89 North, Range 47 West of the Fifth Principal Meridian Sioux City, Woodbury County, Iowa. (4329 and 4401 Gordon Drive and 4404 Stone Ave- nue) (Petitioner: DGOGSiouxcityia09022018 LLC) The Planning and Zoning Com- mission recommends approval of this item. (File No. 2019-0018) 2019-0347

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

16. Ordinance vacating 20th Street lying between the east line of Nebraska Street and the west line of Jackson Street and the north/south alley adjacent to 2002 Nebraska Street. (Petitioner: Sioux City Community School District) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0017) (First Con- sideration passed April 8, 2019) (Second Consideration passed April 15, 2019) 2019-0348

Chris Madsen, Senior Planner, provided information on the item.

The ordinance was considered on motion by Watters, seconded by Capron, to pass third consideration; Capron, Groetken, and Watters voting aye; Scott voting nay; Moore abstaining due to a conflict of interest.

17. Hearing and Ordinance vacating unnamed right-of-way adjacent to 411 and 451 Burton Street. (Petitioner: Billy Jonathan Garcia Perez) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0019) 2019-0349

Suzan Stewart, Planning and Zoning Commission, provided information on the item.

Motion by Scott, seconded by Moore, to close the hearing and pass first consid- eration of the ordinance; all voting aye.

On motion by Scott, seconded by Moore, all voting aye; the Statutory Rule requir- ing 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

18. Hearing and Resolution withdrawing the civil penalty of $300 against Central Mart LLC doing business as Central Mart, 1203 Tri View Avenue, Sioux City, Iowa for violation of the Iowa cigarette laws pursuant to Iowa Code Section 453A.22(3). 2019-0350

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

19. Hearing and Resolution assessing a civil penalty of $300 against Murphy Oil USA, Incorporated doing business as Murphy USA No. 6921, 3115 Floyd Boulevard, Sioux City, Iowa for violation of the Iowa cigarette laws. 2019-0351

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

20. Hearing and Resolution instituting proceedings to take additional action for the issu- ance of not to exceed $14,000,000 General Obligation Urban Renewal Bonds. (ECP/UR-2) 2019-0352

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

21. Resolution approving an agreement to terminate development agreement with HCC Enterprises, LLC for property located in the 500 Block of South Lafayette Street. 2019-0353

Motion by Scott, seconded by Watters, to adopt the proposed resolution; all vot- ing aye.

22. Hearing and Resolution accepting the proposal of the Siouxland Expo Center for the purchase of certain land in the Combined Floyd River Urban Renewal Area and au- thorizing a First Amendment to Development Agreement and First Amendment to Management Agreement. (Property located in the 700 block of South Lafayette Street) 2019-0354

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

23. Resolution approving an Agreement to Terminate Lease with Siouxland Expo Cen- ter for property located in the 700 block of South Lafayette Street. 2019-0355

Motion by Scott, seconded by Capron, to adopt the proposed resolution; all vot- ing aye.

DISCUSSION

24. Resolution directing the advertisement for sale of $9,705,000 General Obligation Bonds, Series 2019A, and approving electronic bidding procedures and official statement. 2019-0356

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

25. Resolution directing the advertisement for sale of $13,040,000 Taxable General Ob- ligation Bonds, Series 2019B, and approving electronic bidding procedures and offi- cial statement. 2019-0357

Motion by Scott, seconded by Capron, to adopt the proposed resolution; all vot- ing aye.

26. Resolution directing the advertisement for sale of $3,015,000 General Obligation Urban Renewal Bonds, Series 2019C, and approving electronic bidding procedures and official statement. 2019-0358

Motion by Scott, seconded by Groetken, to adopt the proposed resolution; all vot- ing aye.

27. CITIZEN CONCERNS

There were no citizen concerns.

28. COUNCIL CONCERNS

Groetken will be attending a meeting with the Woodbury County Jail Research Commit- tee at 12:00 p.m. on Friday, April 26th.

Capron asked Council to review a request from residents to repair a portion of Kings Highway. Dave Carney, Public Works Director, stated the residents will be attending the City Council Meeting on May 6th and he will provide information to the Council prior to that date.

Watters provided information on the Joint Meeting with the Parking and Skywalk System Board of Trustees, Wednesday, April 24th, City Hall 4th Floor Clocktower Conference Room, 12:00 p.m.; Administrative Professional’s Day, Wednesday, April 24th; Protect- ing Places of Worship Forum, Thursday, April 25th, Public Museum, 607 4th Street, 5:30 p.m.; and Litter Dash, Friday, April 26th. Watters stated he would like to work the Department of Corrections on litter pick-up in areas where youth are unable to complete the task.

Moore asked DuBois to research an incident regarding a state trooper and the repealed ordinance regarding panhandling. Moore congratulated the Siouxland Street Project on their establishment of Hope Street, a sober living facility helping those on the road to recovery. Moore reminded Council that the deadline to submit an informal protest of property assessment is Thursday, April 25th.

29. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:39 p.m., on mo- tion 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\042219m CITY HALL - CLOCKTOWER SIOUX CITY, IOWA APRIL 24, 2019

JOINT MEETING OF THE CITY COUNCIL AND THE PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES

A Joint Meeting of the City Council and Parking and Skywalk System Board of Trustees was held at 12:00 p.m. The following Council Members were present on call of the roll: Groetken, Scott, and Watters. Absent: Capron and Moore.

Staff members present included: Robert Padmore, City Manager; Amber Hegarty, As- sistant City Attorney; Heidi Farrens, Deputy City Clerk; and Dave Carney, Public Works Director.

Members of the Parking and Skywalk System Board of Trustees: Samuel Avery; Ragen Cote; Monette Harbeck; Jeff Lamoreux; Mark Reinders; and Pat Rosacker.

Others present: Lori Pierson and Scott Houck, ABM Parking; and Dave Braunger, First Class Security.

Reinders welcomed Council and led introductions of the board.

Reinders discussed ongoing skywalk and parking projects including sandblasting and painting the exterior of skywalk bridges. Watters requested the Board look at new colors to highlight the skywalk to create a bright and welcoming atmosphere. Reinders report- ed that Discovery Parking Ramp is the only remaining ramp without public parking signs. The signs will be installed soon.

Reinders shared skywalk and parking accomplishments including the conclusion of Dis- covery Parking Ramp repairs; Park Mobile users continue to grow; and First Class Se- curity has been successful in the first year of their contract.

Carney discussed an upcoming increase to parking meter rates and violation fees. The Board is recommending a $.25 increase to meters. The $9.00 parking violations will in- crease to $10 and delinquent tickets will rise from $14.00 to $15.00. Harbeck stated the increase to parking meters will be the first in 12 years and the first ticket increase in 9 years. Council noted that parking violation fees in Sioux City are lower than most. Dis- cussion was held regarding revenue and upcoming shortfalls creating a need for in- creased rates moving forward. Carney will collect and provide the Council with more revenue information.

Discussion was held regarding chalking of tires and a recent ruling from the Sixth Circuit Court of Appeals that the practice is unconstitutional. Hegarty advised that the City Le- gal Department is reviewing the ruling.

Groetken asked Braunger for information regarding an assault on a security guard in the skywalk. Braunger advised that guards now approach groups in pairs and its recom- mended that they perform their duties at a safe distance. Braunger utilizes the Police Department to assist with trespassers. The Police Department also performs daily walk- throughs. Braunger stated their presence is important to Skywalk Security.

Council thanked the Board for their efforts and continued work. Braunger shared the Board’s appreciation for the City Council’s support.

ADJOURNMENT

There being no further business, the meeting was adjourned at 12:36 p.m., on mo- tion by Scott, seconded by Watters; all voting aye.

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\042419jointParkingm

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 4 Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution rejecting the bids received for the proposed construction of the Glenn Avenue from South Cecelia Street to South Rustin Street SUBJECT: Reconstruction Project, Iowa Department of Transportation Project No. STP-U-7057(702)--70-97 (City Project No. 6964-719-357).

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

RECOMMENDATION: Staff respectfully requests Council reject all bids for the Glenn Avenue from South Cecelia Street to South Rustin Street Reconstruction Project (Iowa Department of Transportation Project No. STP-U-7057(702)--70-97 (City Project No. 6964-719-357).

DISCUSSION: This project included the full reconstruction of Glenn Avenue from the west side of South Ce- celia Street through the west side of South Rustin Street. The project included the complete reconstruction/replacement of city utilities within the project limits including, but not limited to, sanitary sewer mains and manhole structures, storm sewer mains and intake structures, water mains, valves and hydrants, and complete removal and replacement of pavement/ sidewalks.

Notice of Public Hearing was advertised on March 30, 2019 and April 6, 2019. Phase 1 was to have a late start date of June 17, 2019 and 80 working days. Phase 2 was to have a late start date of April 1, 2020 and 100 working days.

The project was bid on April 16, 2019 through the Iowa Department of Transportation. Two bids were received for this project. The bids are as follows:

Company City, State Base Bid Sioux City Engineering Co. Sioux City, Iowa $2,987,658.80 RP Constructors, LLC North Sioux City, $3,077,777.77 South Dakota

The bids are significantly above the Engineer’s estimate therefore, staff is recommending to value engineer the project for re-bidding in December 2019. Under IDOT Letting Guidelines, the Engineer’s estimate and Bid Tabs cannot be distributed for projects that are not awarded.

FINANCIAL IMPACT: A Federal-Aid Agreement for Surface Transportation Program funding has been executed with the Iowa DOT. The grant will fund 80 percent of the road reconstruction construction costs up to $2,229,000. The 20 percent City match will be funded through a transfer in sales tax infra- structure, water and sewer funds, and general obligation bonds. This project is currently pro- grammed in CIP No. 719-357, Glenn Avenue Reconstruction, South Cecelia to South Rustin, which has an available balance of $3,798,413.72.

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

ALTERNATIVES: he City Council may choose to award this contract.

ATTACHMENTS: Resolution Letter Of Recommendation From Consultant RESOLUTION NO. 2019 - ______

RESOLUTION REJECTING THE BIDS RECEIVED FOR THE PROPOSED CONSTRUCTION OF THE GLENN AVENUE FROM SOUTH CECELIA STREET TO SOUTH RUSTIN STREET RECONSTRUCTION PROJECT, IOWA DEPARTMENT OF TRANSPORTATION PROJECT NO. STP-U-7057(702)--70- 97 (CITY PROJECT NO. 6964-719-357).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the Iowa Department of Transportation on April 16, 2019 for the Glenn Avenue from South Cecelia Street to South Rustin Street Reconstruction Project in Sioux City, Iowa (the Project) together with necessary accessories and appurtenances, all in accordance with the construction documents heretofore prepared by McClure Engineering Company; and

WHEREAS, all bids exceeded the budgeted amount for this project; and

WHEREAS, the City Council is advised and does believe that said bids received for the construction of the project should be rejected.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that said bids received for the project, referred to in the preamble hereof, be and the same are hereby rejected and the Iowa Department of Transportation is requested to return said bid bonds to the bidders.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 5 FROM: Michelle Brady, Neighborhood Services Project & Financial Coordinator

Resolution authorizing publication of a Notice of Intent to Request Release of Funds and authorizing and directing the Mayor to execute a Request for Release of Funds and Certification of Environmental Review pursuant to SUBJECT: the regulations of the United States Department of Housing and Urban De- velopment in conjunction with the 2018 Lead-Based Paint Hazard Reduc- tion Grant Program.

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

RECOMMENDATION: Staff respectfully requests Council approve the resolution requesting the release of funds for the 2018 Lead-Based Paint Hazard Reduction Grant Program.

DISCUSSION: To secure the release of the Lead-Based Paint Hazard Reduction Grant Program funds, the staff has prepared the Environmental Review Record which is necessary before making a formal request for the release of funds from the United States Department of Housing and Ur- ban Development (HUD). The Release of Funds, which begins the last phase required by HUD has been prepared. The Resolution approves the Notice of Request for Release of Funds and Certification of Environmental Review.

HUD must be satisfied that the policies and the protections of the environment as set out in the National Environmental Policies Act of 1969 (NEPA) have been carried out and that the City has consented to assume the role of responsible federal official insofar as the provisions of NEPA apply to HUD. In order to accomplish this, the City must publish a Notice of Intent to Request Release of Funds which allows for a seven day comment period. Eight days follow- ing the publication, the City may file with HUD the Request for Release of Funds Certification. Assuming that no objections to the environmental process and findings are filed with HUD within fifteen more days, the funds will be released. Thus, if the Council approves the action recommended herein, the Notice will be published on May 11, 2019, the Request and Certifi- cate will be sent to HUD on May 21, 2019, and any objections must be filed with HUD on or before June 7, 2019. The funds should be released immediately after June 7, 2019. The ac- tivities included in the review are the Lead-Based Paint Hazard Reduction Grant Program which includes the Healthy Homes Grant Program.

FINANCIAL IMPACT: On March 18, 2019, per Resolution Number 2019-0209, City Council accepted the HUD Lead- Based Paint Hazard Reduction Grant Program #IALHB0664-18 in the amount of $3,500,000 for Lead Hazard Control and $600,000 for Healthy Homes to evaluate and mitigate additional environmental hazards in residential units. Approval of this item will authorize the City of Sioux City to use these funds.

RELATIONSHIP TO STRATEGIC PLAN: Expand Development Opportunities and Grow Sioux City 4. Further develop the resources to promote economic growth.

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution Notice of Intent to Request Release of Funds

RESOLUTION NO. 2019 - ______

RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A REQUEST FOR RELEASE OF FUNDS AND CERTI- FICATION OF ENVIRONMENTAL REVIEW PURSUANT TO THE REGULA- TIONS OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN CONJUNCTION WITH THE 2018 LEAD-BASED PAINT HAZARD REDUCTION GRANT PROGRAM.

WHEREAS, the 2018 Lead-Based Paint Hazard Reduction Grant Program is funded by Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4852) and funded through the Consolidat- ed Appropriations Act of 2018 (Public Law 115-141) approved March 23, 2018. The Healthy Homes Supplemental funding is authorized under Section 502 of the Housing and Urban Devel- opment Act of 1970 (12 U.S.C. 1701z-2), with funding approved by the same Appropriations Act. The funding sources authorize a procedure under which the 2018 Lead-Based Paint Haz- ard Reduction Grant Program applicants assume, for specific projects, the review and decision making responsibilities that would apply to the Secretary of Housing and Urban Development were they to undertake such projects as federal projects in order to eliminate the necessity for federal environmental impact statements at the time of the initial application while assuring that the policies and protections of the environment as set out in the National Environmental Policies Act of 1969 (NEPA) are carried out; and

WHEREAS, the United States Department of Housing and Urban Development (HUD) has is- sued Title 24 CFR Part 58, Environmental Review Procedures for the 2018 Lead-Based Paint Hazard Reduction Grant Program, which requires the publication of a Notice of Intent to Re- quest Release of Funds and Certification of Environmental Review prior to Request for the Re- lease of 2018 Lead-Based Paint Hazard Reduction Grant Program funds; and

WHEREAS, said Environmental Review Procedures require the chief executive officer of appli- cants for 2018 Lead-Based Paint Hazard Reduction Grant Program funds to consent to assume the status of a responsible federal official, under NEPA, insofar as the provisions of said Act ap- ply to the HUD responsibilities for environmental review, decision making and action assumed and carried out by the applicant; that by so consenting, the chief executive officer of the appli- cant assumes the responsibilities, where applicable for the conduct of the environmental re- views, decision making and action as to environmental issues, preparation and circulation of draft and final environmental impact statements, and assumption of lead agency responsibilities for preparation of such statements on behalf of federal agencies other than HUD when such agencies consent to such assumption; and

WHEREAS, the City of Sioux City has fully carried out its responsibilities for environmental re- view, decision making and action pertaining to the project listed below:

2018 Lead-Based Paint Hazard Reduction Grant Program

WHEREAS, the City of Sioux City, Iowa, has prepared a Notice of Intent to Request Release of Funds and Certification of Environmental Review, copy of said Notice is 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 City of Sioux City, Iowa, and its chief executive officer, Robert E. Scott, Mayor, consent to assume the status of a responsible federal official under NEPA, insofar as the provisions of said Act apply to the HUD responsibilities for environmental review, decision making and action assumed and carried out by the applicant; that by so con- senting, the chief executive officer of the applicant assumes the responsibilities, where applica- ble, for the conduct of the environmental reviews, decision making, and action as to impact statements, and assumption of lead agency responsibilities for preparation of such statements on behalf of federal agencies other than HUD when such agencies consent to such assumption;

BE IT FURTHER RESOLVED, that the Notice of Intent to Request Release of Funds and Certi- fication of Environmental Review, attached hereto is approved as to form and content, and the City Clerk is hereby authorized and directed to cause said Notice to be published;

BE IT FURTHER RESOLVED, that the Mayor is authorized and directed to execute Request for Release of Funds and Certification of Environmental Review and cause said request to be transmitted to the Program Environmental Clearance Officer, Albuquerque Field Office, of the United States Department of Housing and Urban Development on or about May 21, 2019.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

Date of Notice: May 11, 2019

City of Sioux City, Neighborhood Services 405 6th Street, Room 305 Sioux City, Iowa 51101 Jill M. Wanderscheid, Neighborhood Services Manager 712-279-6328

On or about May 21, 2019 the City of Sioux City, Neighborhood Services Division, will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of the Lead-Based Paint Hazard Reduction Grant Program (LBPHC) which is authorized by Sec- tion 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4852) and funding is provided by the Consolidated Appropriations Act, 2018 (Public Law 115-141), approved March 23, 2018. The Healthy Homes Supplemental funding is authorized under Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2), with funding approved by the same Ap- propriations Act, for the following multi-year program/project April 1, 2019 through March 30, 2023: Sioux City 2018 Lead-Based Paint Hazard Reduction Grant Program, which consists of the Lead-Based Paint Hazard Reduction Grant and the Healthy Homes grant. The purpose of the Sioux City 2018 Lead-Based Paint Hazard Reduction Grant Program is to seek to enroll at least 160 existing residential units to be made lead safe through interim controls, abatement, or a combination of the two. The Healthy Homes interventions will be addressed in Lead Hazard Control units to improve the health and safety of the families living in the units. The program will target housing units constructed before 1978 with children age five and under residing in the unit. The program will be made available to low/moderate income families, as defined by HUD, in the form of a deferred payment loan. The program is available to single family units or multi- family units of both owner-occupied units or rental units located within the City of Sioux City mu- nicipal limits. The City of Sioux City is requesting the release of $3,500,000 in Lead-Based Paint Hazard Reduction Grant Program funds, $600,000 in Healthy Homes Supplemental grant funds and match of $847,770.

The proposed hazard control activities to be funded under these programs are categorically ex- cluded from the National Environmental Policy Act requirements, but subject to compliance with some of the environmental laws and authorities listed in §58.5 of 24 CFR Part 58. In accordance with §58.15, a tiered review process has been structured whereby some environmental laws and authorities have been reviewed and studied for the intended target area listed above. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target area has been studied and compliance with the following laws and authorities have been established in this Tier 1 review: Airport Hazards, Coastal Barri- er Resources Act, Coastal Barrier Management Act, Air Quality, Endangered Species Act, Ex- plosive and Flammable Hazards, Farmlands Protection, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, Wild and Scenic Rivers Act, and Environmental Justice. In the Tiered 2 review compliance with the following environmental laws and authorities will take place for proposed projects funded under the programs listed above: Historic Preservation, Na- tional Flood Insurance Program requirements, and Contamination and Toxic Substances. Should individual aggregate projects exceed the threshold for categorical exclusion detailed at §58.35(a), an Environmental Assessment will be completed and a separate Finding of No Sig- nificant Impact and Request for Release of Funds published. Copies of the compliance docu- mentation worksheets are available at the address below.

An Environmental Review Record (ERR) that documents the environmental determinations for this project, and more fully describes the tiered review process cited above, is on file at City of Sioux City, Neighborhood Services Division, 405 6th Street, Room 305, Sioux City, Iowa 51101 and may be examined or copied weekdays 8:00 a.m. to 4:30 p.m.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of Sioux City, Neighborhood Services Division. All comments received by May 20, 2019 will be consid- ered by the City of Sioux City Neighborhood Services Division prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.

RELEASE OF FUNDS

The City of Sioux City certifies to HUD that Robert E. Scott, in his official capacity as Mayor, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce re- sponsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Sioux City to utilize federal funds and imple- ment the Program.

OBJECTIONS TO RELEASE OF FUNDS

HUD will consider objections to its release of funds and the City of Sioux City certification for a period of fifteen days following either the anticipated submission date (cited above) or HUD’s actual receipt of the request (whichever is later) only if the objections are on one of the following basis: (a) that the Certification was not executed by the Certifying Officer of the City of Sioux City; (b) the City of Sioux City has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the City of Sioux City has committed funds or in- curred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58), and may be addressed to HUD as follows: Karen M. Griego, Office of Lead Hazard Control and Healthy Homes, Program Environmental Clearance Office, U.S. Department of Housing and Ur- ban Development, 500 Gold Ave SW, 7th Floor, Suite 7301, P.O. Box 906, Albuquerque, NM 87103-0906. Potential objectors may contact HUD directly to verify the actual last day of the ob- jection/comment period.

Robert E. Scott, Mayor, City of Sioux City, Iowa

Published in the Sioux City Journal May 11, 2019

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 6 FROM: Jill M. Wanderscheid, Neighborhood Services Manager

Resolution approving the FY 2019 Annual Action Plan for the Sioux City Consortium in conjunction with the Community Development Block Grant Program, the HOME Investment Partnership Program, and the Emergency SUBJECT: Solutions Grant Program, and authorizing and directing the City Manager to execute the necessary and required applications, assurances and certifica- tions in connection with said programs.

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 United States Housing and Urban De- velopment (HUD) FY 2019 (Year Five) Action Plan and direct the City Manager to execute the necessary and required applications, assurances and certifications in connection with the CDBG, HOME and ESG programs.

DISCUSSION: Title I of the National Affordable Housing Act of 1990 requires that entitlement cities develop and implement a five year Consolidated Plan and Strategy as a condition for receiving Com- munity Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership (HOME) funds. Because the City of Sioux City is the lead agency in a consortium that also includes the cities of Dakota City and South Sioux City, Nebraska, the five year plan includes spending priorities for all three jurisdictions. The current five year con- solidated plan was approved by City Council on May 11, 2015.

As a part of the five year plan requirements, the City must also create annual action plans. As a part of this year’s plan development, meetings were held with general stakeholders, the City of South Sioux City, and the City of Dakota City in addition to the public hearing that was held during the City Council meeting on March 25, 2019. A draft of the plan has been available for comment at several locations from March 25, 2019 – May 6, 2019. The resulting plan is at- tached and conforms to the following goals outlined in the current consolidated plan:

Priority Housing Needs 1) Housing rehabilitation for low moderate income (LMI) homeowners 2) Expand rental / owner-occupied housing stock for LMI 3) Affordable rental assistance for LMI families 4) Increase homeownership opportunities 5) Rehabilitation of rental housing stock

Priority Homeless Needs 1) Engage, enroll, and help maintain 25 people who are chronically homeless in housing and supportive services to prepare them for permanent supportive housing 2) Enhance the network of supportive services to accompany permanent supportive housing 3) Have no new cases of chronic homelessness identified. Additional goals for address- ing and ending homelessness in general include: 1) Creation of job training and em- ployment programs; 2) Assisting with the journey from transitional to permanent hous- ing for both families and individuals

Priority Community Development Needs 1) Public Facilities 2) Public Improvements in the two urban renewal areas, including parks, streets, side- walks, and sanitary and storm sewer replacement 3) Clearance and demolition in LMI neighborhoods to present blight or in connection with other redevelopment efforts 4) Public Services

Priority Non‐Homeless Special Needs 1) Assist elderly or disabled households through the Elderly and Disabled Emergency Rehabilitation Program 2) Provide barrier-free access to disabled households

FINANCIAL IMPACT: All programs in the plan are federally funded. This FY 2019 plan includes all activities to be completed from July 1, 2019 – June 30, 2020. The funding targets included in the plan are as follows: $1,661,162 in Community Development Block Grant (CDBG) funds, $428,541 in HOME Investment Partnership (HOME) funds, and $140,869 in Emergency Solutions Grant (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. 8. Add 50 new affordable housing units to existing inventory.

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution Year Five Annual Action Plan – Hard copy

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION APPROVING THE FY 2019 ANNUAL ACTION PLAN FOR THE SIOUX CITY CONSORTIUM IN CONJUNCTION WITH THE COMMUNITY DE- VELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PART- NERSHIP PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT PRO- GRAM AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE THE NECESSARY AND REQUIRED APPLICATIONS, ASSURANCES AND CERTIFICATIONS IN CONNECTION WITH SAID PROGRAMS

WHEREAS, Title I of the National Affordable Housing Act of 1990 requires that cities develop and implement an Annual Plan implementing the Consolidated Plan and Strategy as a condition for receiving funds made available under Title II of that Act, specific programs under the United States Housing Act of 1937, the Housing and Community Development Act of 1974, and the Stewart B. McKinney Homeless Assistance Act; and

WHEREAS, the City has adopted the Fiscal Year 2019 Sioux City Consortium Annual Plan be- cause it does use, or intends to use, funds made available under Title II of the National Afforda- ble Housing Act of 1990, specific programs under the United States Housing Act of 1937, the Housing and Community Development Act of 1974, and the Stewart B. McKinney Homeless Assistance Act; and

WHEREAS, the City has prepared the Fiscal Year 2019 Sioux City Consortium Annual Plan to implement portions of the FFY 2015-2019 Sioux City Consortium Consolidated Plan and Strate- gy; and

WHEREAS, the City of Sioux City, as the lead agency in the Sioux City Consortium, is required at this time to submit this Fiscal Year 2019 Sioux City Consortium Annual Plan to the U.S. De- partment of Housing and Urban Development for funding beginning July 1, 2019 and ending June 30, 2020.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Fiscal Year 2019 Sioux City Consortium Annual Plan is approved and the City Manager is authorized and directed to execute the necessary and re- quired applications, assurances, and certifications in connection with said programs.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 7 FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing Orleans Avenue from Morningside Avenue to South St. Aubin Street beginning at 12:01 a.m. May 14, 2019 and ending at 12:00 Midnight May 19, 2019 to accommodate the Morningside Days Carnival and temporarily closing Morningside Avenue from South Henne- pin Street to Peters Avenue and Peters Avenue from Morningside Avenue to South Alice Street beginning at 5:30 p.m. and ending at 7:30 p.m. May 16, SUBJECT: 2019 and restricting travel to local traffic only on the side streets south of Morningside Avenue from Morningside Avenue to 5th Avenue on South Clinton Street and South Henry Street, 3rd Avenue and 4th Avenue from South Nicollet Street to South Henry Street, 5th Avenue from South Clinton Street to South Henry Street, and the east/west alleyway bounded by South Clinton Street, South Henry Street, 3rd Avenue and Morningside Ave- nue to accommodate the Morningside Days Parade.

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

RECOMMENDATION: Staff respectfully requests and recommends the City Council approve the resolution request- ing temporary street closures for the Morningside Days Parade and carnival.

DISCUSSION: The Morningside Commercial Club requests the temporary closure of Orleans Avenue from Morningside Avenue to South St. Aubin Street beginning at 12:01 a.m., May 14, 2019 and ending at 12:00 Midnight, May 19, 2019 to accommodate the Morningside Days Carnival that will be held in the Morningside Library parking lot with amusement rides and sideshows. The Morningside Commercial Club also requests the temporary street closures of Morningside Avenue from South Hennepin Street to Peters Avenue and Peters Avenue from Morningside Avenue to South Alice Street beginning at 5:30 p.m. and ending at 7:30 p.m., May 16, 2019 to accommodate the Morningside Days Parade.

The Special Event packet has been completed and routed to the required city departments for approval. City Engineering staff met with Morningside Commercial Club members to discuss and review the proposed parade staging areas due to the Morningside Avenue construction project. The streets designated for the parade staging and start were agreed upon by both parties. The Morningside Commercial Club has completed the required paperwork to utilize the Morningside Public Library for the carnival with the understanding that contractors working on the Morningside Library project cannot be restricted access to the property. To promote safe community events, we propose to temporarily close these 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 temporary closure and direct the event coordinator to seek an alternate location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING ORLEANS AVENUE FROM MORN- INGSIDE AVENUE TO SOUTH ST. AUBIN STREET BEGINNING AT 12:01 A.M. MAY 14, 2019 AND ENDING AT 12:00 MIDNIGHT MAY 19, 2019 TO ACCOM- MODATE THE MORNINGSIDE DAYS CARNIVAL AND TEMPORARILY CLOS- ING MORNINGSIDE AVENUE FROM SOUTH HENNEPIN STREET TO PETERS AVENUE AND PETERS AVENUE FROM MORNINGSIDE AVENUE TO SOUTH ALICE STREET BEGINNING AT 5:30 P.M. AND ENDING AT 7:30 P.M. MAY 16, 2019 AND RESTRICTING TRAVEL TO LOCAL TRAFFIC ONLY ON THE SIDE STREETS SOUTH OF MORNINGSIDE AVENUE FROM MORNINGSIDE AVE- NUE TO 5TH AVENUE ON SOUTH CLINTON STREET AND SOUTH HENRY STREET, 3RD AVENUE AND 4TH AVENUE FROM SOUTH NICOLLET STREET TO SOUTH HENRY STREET, 5TH AVENUE FROM SOUTH CLINTON STREET TO SOUTH HENRY STREET, AND THE EAST/WEST ALLEYWAY BOUNDED BY SOUTH CLINTON STREET, SOUTH HENRY STREET, 3RD AVENUE AND MORNINGSIDE AVENUE TO ACCOMMODATE THE MORNINGSIDE DAYS PARADE.

WHEREAS, the Morningside Commercial Club desires to conduct a carnival with amusement rides, sideshows and a parade; and

WHEREAS, the carnival involves the temporary closure of Orleans Avenue from Morningside Avenue to South St. Aubin Street beginning at 12:01 a.m., May 14, 2019 and ending at 12:00 Midnight, May 19, 2019; and

WHEREAS, the parade involves the temporary closures of Morningside Avenue from South Hennepin Street to Peters Avenue and Peters Avenue from Morningside Avenue to South Alice Street and restricting travel to local traffic only on the side streets south of Morningside Avenue from Morningside Avenue to 5th Avenue on South Clinton Street and South Henry Street, 3rd Avenue and 4th Avenue from South Nicollet Street to South Henry Street, 5th Avenue from South Clinton Street to South Henry Street, and the east/west alleyway bounded by South Clinton Street, South Henry Street, 3rd Avenue and Morningside Avenue beginning at 5:30 p.m. and ending at 7:30 p.m. May 16, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Orleans Avenue from Morningside Avenue to South St. Aubin Street be and the same is hereby temporarily closed beginning at 12:01 a.m., May 14, 2019 and ending at 12:00 Midnight, May 19, 2019 to accommodate the Morningside Days carnival.

BE IT FURTHER RESOLVED, that Morningside Avenue from South Hennepin Street to Peters Avenue and Peters Avenue from Morningside Avenue to South Alice Street be and the same are hereby temporarily closed and that travel is hereby restricted to local traffic only on the side street south of Morningside Avenue from Morningside Avenue to 5th Avenue on South Clinton Street and South Henry Street, 3rd Avenue and 4th Avenue from South Nicollet Street to South Henry Street, 5th Avenue from South Clinton Street to South Henry Street, and the east/west alleyway bounded by South Clinton Street, South Henry Street, 3rd Avenue and Morningside Avenue beginning at 5:30 p.m. and ending at 7:30 p.m. May 16, 2019 to accommodate the Morningside Days Parade.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 8 Gordon Phair, City Engineer FROM: Nate Wing, Civil Engineer

Resolution adopting plans, specifications, form of contract, and estimated SUBJECT: cost for the proposed construction of the Division Street Paving Project (Seneca Way to Pueblo Court) (Project No. 7051-719-121).

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 Division Street Paving Project (Seneca Way to Pueblo Court) (Project No. 7051- 719-121).

DISCUSSION: This project was created in response to the March 2019 spring storm. This storm, and a high- water table, caused the street subbase to washout and create voids under the paving. The paving was unable to bridge these voids and failed. The street is currently closed to through traffic due to safety concerns. The proposed subdrain system with this project should combat this situation and prevent similar future occurrences.

City Engineering has completed plans and specifications for the Division Street Paving Project (Seneca Way to Pueblo Court). This project includes the construction of street paving, ADA compliant sidewalk ramps, and subdrains. A bid alternate was prepared using HMA (asphalt) versus PCC (concrete) for the main street paving.

Staff is ready to publish the Notice of Public Hearing on May 11, 2019 and May 18, 2019, and advertise the Notice to Bidders on May 8, 2019. A public hearing will be held on May 20, 2019. Bids will be received on May 28, 2019. This project shall be completed within 45 working days, which is anticipated to be in August of 2019.

FINANCIAL IMPACT: This project is funded using Water Funds, Sewer Funds, Sales Tax Infrastructure, and GO Bonds under CIP 719-121 “Annual Resurfacing/Panel Patch/Curb and Gutter”. The Engineer’s opinion of probable construction cost is $382,735.00. The project currently has an available balance of $3,154,506.00.

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 DIVISION STREET PAVING PROJECT (SENECA WAY TO PUEBLO COURT) (PROJECT NO. 7051-719-121).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the Division Street Paving Project (Seneca Way to Pueblo Court), 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 Divison and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the Division Street Paving Project (Seneca Way to Pueblo Court), in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 P.M., Local Time, May 20, 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 $382,735.00 for the construction of 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, May 28, 2019 for the proposed construction of said improvements.

C. The time of 1:00 P.M., Local Time, May 28, 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: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE DIVISION STREET PAVING PROJECT (SENECA WAY TO PUEBLO COURT) (PRO- JECT NO. 7051-719-121), 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, May 28, 2019, for the construction of the project, as described in the construction docu- ments. The project is located at Division Street from Seneca Way to Pueblo Court and includes the construction of street paving, ADA compliant sidewalk ramps, and subdrains.

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 May 28, 2019. Thereafter, bids will be acted upon by the City Council at such time and place as may be fixed.

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

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

The Notice of Public Hearing will be published in the Sioux City Journal on May 11, 2019 and May 18, 2019.

This project shall be completed within 45 working days, which is anticipated to be in August of 2019.

Specifications for this project shall be the 2019 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.

Copies of said construction documents are available at the office of the City Clerk of Sioux City for examination by the public. The documents are also available for viewing by the public, or sub-contractors, or suppliers, on the City’s Engineering website, under the Projects Out to Bid tab www.sioux-city.org/engineering. Construction documents for private use, or potential prime contractors may be obtained from the Purchasing Division, City Hall, upon deposit of twenty dol- lars ($20) via check or money order for each set. The deposit will be returned to depositor if the construction documents are returned in good condition within fourteen (14) days from date of award. 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 May 8, 2019.

NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COSTS FOR THE CONSTRUCTION OF THE DIVISION STREET PAVING PROJECT (SENECA WAY TO PUEBLO COURT) (PROJECT NO. 7051-719-121), 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 May 20, 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 $382,735.00 for the construction of the Division Street Paving Project (Seneca Way to Pueblo Court) in Sioux City, Iowa. At said hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the public improvement. The public improvement project is located at Division Street from Seneca Way to Pueblo Court and includes the construction of street paving, ADA compliant sidewalk ramps, and subdrains.

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

Publish in the Sioux City Journal May 11, 2019 and May 18, 2019.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 9 Janelle Bertrand, Human Resources Director FROM: David Carney, Public Works 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 (Maintenance Electrician, Class Code IV-6328).

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

RECOMMENDATION: Staff respectfully requests the City Council approve an updated job description for the position of Maintenance Electrician, Class Code IV-6328.

DISCUSSION: To maintain a job description which accurately reflects the duties and responsibilities per- formed by the Maintenance Electrician, it is necessary to modify the essential duties of the position.

The Commercial Driver’s License (CDL) requirement which has been added to the Mainte- nance Electrician job description is an essential requirement today. This job description has not been updated since 1978. This requirement is more of a reflection of current essential duties.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Progressive Leadership Vision

For succession planning and performance management it is imperative we have job descrip- tions that articulate the qualifications, competencies, knowledge, skills and abilities needed to perform the work in order to attract and retain personnel.

ALTERNATIVES: Not update the job description, but staff does not recommend that.

ATTACHMENTS: Resolution Updated 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 (MAINTENANCE ELECTRICIAN, CLASS CODE IV-6328).

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:

Maintenance Electrician, Class Code IV-6328; 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 Maintenance Electrician, Class Code IV-6328, referred to in the preamble hereof, for AFSCME-appointed employees.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon pas- sage.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

City of Sioux City, Iowa

Position: Maintenance Electrician

Class Code Pay Range (Non) Bargaining Group IV-6328 A22 AFSCME

FLSA Category Reports to Position: Department/Division: Non-Exempt Labor Supervisor Public Works/Signs & Signals

Date Adopted Date Revised Approved Resolution No: 08/21/1978 August 1978 S-36517/August 21, 1978

PURPOSE OF POSITION:

Under general direction of the Labor Supervisor, performs skilled work at the journeyman level in the design, installation, maintenance and repair of electrical systems and equip- ment in various municipal buildings and facilities; does related work as required.

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.

• Installs conduits, wires, receptacles, pull boxes, electrical fixtures, switchboards and switches, circuit breakers and distribution panels required in making additions, ex- tension or alterations in electrical systems. • Performs skilled electrical work in conformance with standard trade practices in the installation, repair, alteration and maintenance of electrical systems, equipment and fixtures. • Services, repairs and maintains lighting, power heating, air conditioning and related systems. • Repairs and replaces defective parts in motors, generators, pumps, transformers, switchboard, controllers, contacts, switches, and other fixtures and appliances. • Performs preventive maintenance on all electrical fixtures and equipment. • Tests, locates and repairs malfunctions and electrical circuits and equipment. • Installs low voltage alarm, signal, and detection equipment. • Receives assignments in the form of oral or written work orders and may be accom- panied by sketches, penciled layouts or blueprints, although much work arises out of inspections and preventive maintenance.

• Ordinarily performs work independently subject to inspection in process or upon completion. • Assists, as needed, on other maintenance and special remodeling projects. • Establishes and maintains effective working relationships with officials, other agen- cies, fellow employees, and the general public. • Maintains regular attendance and punctual work hours. Although normal work hours coincide with shop hours, employee may be frequently called upon for advice or as- sistance during non-working hours. Must maintain reliable communication systems with the City. • 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 emer- gency.

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

Cognitive Demands, Skills and Abilities: Ability to speak clearly so others can understand you, ability to see details at close range (within a few feet of the observer), ability to see de- tails at a distance, ability to identify and understand the speech of another person, ability to listen to and understand information and ideas presented through spoken words and sen- tences.

Job Knowledge: Thorough knowledge of the standard practices, materials, tools and equipment of the electrical trade; good knowledge of the occupational hazards and safety precautions of the trade; good knowledge of electrical construction and maintenance, in- cluding installation of all sizes of electrical conduit, cables, wires, switches, motor starters and related automatic equipment; good knowledge of the provisions of the local and na- tional electrical codes applicable to installation, maintenance and repair work; ability to read and interpret specifications, sketches, diagrams and blueprints; ability to locate and correct defects and electrical power lines and equipment; skill in the use and care of tools and equipment of the electrical trade; good physical condition; ability to speak clearly so others can understand you, ability to see details at close range (within a few feet of the observ- er),ability to see details at a distance, ability to identify and understand the speech of an- other person, ability to listen and understand information and ideas presented through spo- ken words and sentences.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide assistance to employees and citizens. Requires the ability to speak clearly, distinctly and effectively with fellow employees and the general public; read in English and compare similarities and differences between words and series of numbers; ap- ply common sense understanding to the work process, procedures, programs and services; and to provide and follow verbal and written instructions. Requires the ability to work as a member of a team in order to accomplish tasks; the ability to establish and maintain effec-

tive working relationships with other employees and the general public; Establish and main- tain effective working relationships with fellow employees, city officials and regulatory per- sonnel.

Physical Requirements: The employee frequently is required to use hands and fingers to handle and feel; reach with hands and arms; and smell. Ability to quickly move hands, hands together with arms, or two hands to grasp, manipulate, or assemble objects, ability to exert muscle force repeatedly or continuously over time; this involves muscular endurance and resistance to muscle fatigue, ability to use abdominal and lower back muscles to support part of the body repeatedly or continuously over time without 'giving out' or fatiguing, abil- ity to quickly and repeatedly bend, stretch, twist, or reach out with your body, arms, and/or legs.

Regularly lifts and/or up to 25 pounds and occasionally lifts up to 50 pounds.

Work Environment: While performing the duties of this job, the employee is regularly ex- posed to outside weather conditions and risk of electrical shock. The employee is frequently exposed to high, precarious places and fumes or airborne particles. The employee is occa- sionally exposed to moving mechanical parts, toxic or caustic chemicals and vibration. The noise level in the work environment is usually moderate.

Special Requirements: Must possess or be able to obtain a valid class A Commercial Driver’s License with a tanker endorsement within 6 months of employment.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Graduation from standard high school or GED equivalent and license at a journeyman level.

PRE-EMPLOYMENT SCREENINGS:

Pre-employment screenings may include but are not limited to: criminal background search, physical testing 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 rep- resentatives.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 10 David Carney, Public Works Director FROM: Ed Pickens, Streets Superintendent

Resolution approving payment to Nystrom Electric, Inc. of Sioux City, Iowa in the amount of $50,536.98 for the emergency repairs to the meter and traf- SUBJECT: fic signal control box in the 2900 block of Hamilton Boulevard. (RFQ#256846).

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

RECOMMENDATION: Staff respectfully requests the City Council approve payment to Nystrom Electric, Inc. of Sioux City, Iowa in the amount of $50,536.98 for the emergency repairs to the meter and traffic sig- nal control box in the 2900 block of Hamilton Boulevard. (RFQ#256846).

DISCUSSION: Nystrom Electric, Inc. was called to perform emergency repairs due to a single vehicle traffic crash on Hamilton Boulevard on November 1, 2018. Total costs incurred were $50,536.98. City Legal is currently attempting to recover costs for the damages from the driver’s insurance company. Work was authorized by staff to expedite the repair.

FINANCIAL IMPACT: Funds are available in project #138-002 Annual Street Light Repairs/Maintenance, available balance is $105,329.33.

RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans.

ALTERNATIVES: Reject the request for payment, but staff does not recommend that.

ATTACHMENTS: Resolution.

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PAYMENT TO NYSTROM ELECTRIC, INC. OF SIOUX CITY, IOWA IN THE AMOUNT OF $50,536.98 FOR THE EMERGENCY REPAIRS TO THE METER AND TRAFFIC SIGNAL CONTROL BOX IN THE 2900 BLOCK OF HAMILTON BOULEVARD. (RFQ#256846).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Director of Finance be and she is hereby authorized and directed to issue a check from the proper fund in the amount of $50,536.98 for the emergency repairs to the meter and traffic sig- nal control box in the 2900 block of Hamilton Boulevard.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 11 Bob Padmore, City Manager FROM: Renae Billings, Business Development Coordinator

Resolution setting dates of a consultation and a public hearing on pro- posed Amendment No. 1 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 (4501 Southern Hills Drive)

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

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

DISCUSSION: Current Project Mike Hesse, Jeff Carlson and Dustin Cooper have partnered together to form HCC Enterpris- es, LLC with the intent to construct, own and operate a new multi-sport complex in Sioux City called The Arena. On March 5, 2018, City Council approved a development agreement and minimum assessment agreement for construction of the new facility on city-owned land in the former stockyards. The facility was planned to be located to the north of the Siouxland Expo Center project and HCC Enterprises had proposed to relocate a portion of S. Lafayette Street. However, as the design and plans for both facilities have evolved, it was determined that The Arena could be located on the parcel south of the Siouxland Expo Center, and relocation of the street was not necessary, resulting in a substantial cost savings.

With the shift in location of both facilities, the land that had originally been committed to The Arena project will now be used for construction of the Siouxland Expo Center project, and The Arena will be constructed to the south of the Siouxland Expo Center. On April 22, 2019, City Council terminated the development agreement and minimum assessment agreement with HCC Enterprises in order to sell the necessary land to the Siouxland Expo Center and a new agreement will need to be entered into with HCC Enterprises.

In the last few months, HCC Enterprises has been presented with an opportunity to expedite a portion of their project by leasing an existing building and renovating over 52,000 square feet into The Arena Sports Academy as Phase I of the overall project. With over 350 kids currently participating in sports programming through The Arena, HCC Enterprises has an immediate need for a facility to operate their programs out of. The Arena Sports Academy will be located

in the former Hobby Lobby on Southern Hills Drive and will include 5 basketball courts (10 youth courts), 6 volleyball courts, 2 batting cages, training rooms/classrooms, offices, conces- sions, performance center, wrestling academy and dance academy. Renovation of the build- ing will begin in May 2019 and is expected to be completed in November 2019.

In addition, HCC Enterprises will continue to develop plans for Phase II of the project, which will include the construction of a new building, known as The Arena, south of the Siouxland Expo Center on city-owned land adjacent to S. Lafayette Street in the former stockyards. HCC Enterprises intends to finalize plans for The Arena over the next several months and eventual- ly operate out of both facilities. A separate agreement will be brought to Council in the future for Phase II of the project.

Proposal To assist with Phase I of the project, City staff is currently working to finalize a development agreement with HCC Enterprises, LLC, and a minimum assessment agreement with HCC En- terprises, LLC and Sortino Asset Management Company, LLC (property owner of the former Hobby Lobby).

As part of the proposed development agreement HCC Enterprises, LLC will:

• Commit to leasing an existing building located at 4501 Southern Hills Drive for a period of 15 years. • Commit to investing $3 million to renovate the building into a multi-sport academy. • Commit to creating 10 full-time positions at the new facility. • Complete renovation of the new facility no later than December 31, 2019.

As part of the proposed minimum assessment agreement HCC Enterprises, LLC and Sortino Asset Management Company, LLC will:

• Enter into a minimum assessment agreement of $4 million for a period of 10 years.

As part of the proposed development agreement the City will:

• Provide financial assistance in the form of a $500,000 forgivable loan in exchange for the improvements made to the property and jobs created over a 10-year period.

Approval of the above resolution will initiate the required notice period to amend the urban renewal plan and set a date for final Council approval of the development and minimum as- sessment agreements on June 10, 2019.

FINANCIAL IMPACT: The City will benefit from increased property taxes resulting from the minimum assessment agreement, as well as an anticipated increase in tourism dollars from hosting regional sporting events.

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 #1 – Donner Park 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 DONNER PARK URBAN RENEWAL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (4501 SOUTHERN HILLS 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 record- ed 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 record- ed 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 rec- orded 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 rec- orded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3265-3339 and 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 (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. 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 up- date 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 desig- nated 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 pro- posed 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 un- der 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 re- quired by Section 403.5(2) of the Code of Iowa, as amended, shall be held on May 14, 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 pur- poses 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 sub- stantially 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 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., May 14, 2019 in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa concerning a proposed Amendment No. 1 to the Amended and Restated Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area, a copy of which is attached hereto.

Each affected taxing entity may appoint a representative to attend the consultation. The consul- tation 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 6th day of May 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., June 10, 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 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 June 10, 2019 in the Council Chambers, City Hall, Sioux City, Iowa to consider adoption of the proposed Amendment No. 1 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. 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 provi- sions of the Amended Plan to conform to current City objectives, planning initiatives and pro- gram 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 redevelop- ment of existing commercial buildings and land for commercial residential and mixed use pur- poses 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 renovation of an existing building into a new multi-sport facility located at 4501 Southern Hills Drive, 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 6th day of May, 2019.

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

Publish in the Sioux City Journal June 1, 2019.

(END OF NOTICE)

Section 5. That the proposed Amendment No. 1 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. 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: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Donner Park UR Amendment No. 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 proceed- ings 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 me- dia 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 of- fices as indicated therein, that no Council vacancy existed except as may be stated in said pro- ceedings, 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 6th day of May, 2019.

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

SEAL

AMENDMENT NO. 1

TO THE AMENDED AND RESTATED DONNER PARK URBAN RENEWAL PLAN

FOR THE DONNER PARK URBAN RENEWAL AREA

CITY OF SIOUX CITY, IOWA

AMENDMENT NO. 1

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 record- ed 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 record- ed 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 rec- orded 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 rec- orded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3265-3339 and 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 is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amend- ment"). 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 ap- proved and shall remain in full force and effect as provided herein. In case of any conflict or un- certainty, the terms of this Amendment shall control.

PROPOSED URBAN RENEWAL PROJECTS

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

E. Urban Renewal Projects

1. Development Agreements

hh. Multi-Sports Facility (2019)

The City is considering entering into a Development Agreement with a private developer for the renovation of an existing building into a new multi-sport fa- cility. The City will provide TIF assistance in the form of a forgivable loan. As- sistance shall not exceed $750,000.

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 improve- ments as described above will be approximately as follows:

• Multi-Sports Facility $750,000

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 renew- al 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 termi- nated 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 uncon- stitutional.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 12 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk Motion appointing Dakota Kenney to the Historic Preservation Commission SUBJECT: to complete the balance of a three-year term expiring June 30, 2021, replac- ing Dennis Hill.

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

RECOMMENDATION: Staff respectfully requests that City Council appoint the above applicant to the Historic Preservation Commission.

DISCUSSION: The above-mentioned individual completed an application and appeared before the Council to interview for a position on the Historic Preservation Commission; the Council has indicated their preference to appoint him.

FINANCIAL IMPACT: None.

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

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

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

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 13A-C Officer Alan Schmeckpeper, Investigative Services Bureau, Special Investigations Unit Sergeant Brian Clausen, Investigative Services Bureau, Special Investigations Unit FROM: Officer Julian Loera, Investigative Services Bureau, Special Investigations Unit Officer Jordan Burns, Investigative Services Bureau, Special Investigations Unit

Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300.00 against Indigo LLC d.b.a. Transit General Store, 2324 Transit Avenue, Sioux City, Iowa, for violation of the Iowa cigarette laws.

Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300.00 against KKNJ Incorporated d.b.a. Tobacco Hut #11, 4523 SUBJECT: Morningside Avenue, Sioux City, Iowa, for violation of the Iowa cigarette laws.

Resolution fixing a date, time and place for a hearing on a proposed $1,500.00 civil penalty or thirty (30) day suspension of a cigarette permit is- sued to Emma Aguilar d.b.a. Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa, for violation of the Iowa cigarette laws.

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

RECOMMENDATION: The Sioux City Police Department respectfully requests that the City Council set a date, time and place for a hearing on a proposed civil penalty of $300.00 against the following cigarette permit holders for a first violation of State Cigarette Statute 453A.2(1): • Cigarette License #19-52103 under the name Indigo LLC d.b.a. Transit General Store, 2324 Transit Avenue, Sioux City, Iowa. • Cigarette License #19-23347 under the name KKNJ Incorporated d.b.a. Tobacco Hut #11, 4523 Morningside Avenue, Sioux City, Iowa.

The Sioux City Police Department respectfully requests that the City Council set a date, time and place for a hearing on a proposed civil penalty of $1,500.00 or thirty-day suspension against the following cigarette permit holder for a second violation within two (2) years of State Cigarette Statute 453A.2(1): • Cigarette License #19-54740 under the name Emma Aguilar d.b.a. Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa.

DISCUSSION: On March 14, 2019, officers sent an underage confidential informant into Transit General Store, 2324 Transit Avenue, Sioux City, Iowa to attempt to purchase tobacco. The clerk, Catheryn Thoms, sold the confidential informant Camel cigarettes and was subsequently is- sued a citation for selling tobacco to an underage person in violation of State Cigarette Statute 453A.2 (1). On March 18, 2019, Ms. Thoms was found guilty and received a fine of $195.00.

On March 14, 2019, officers sent an underage confidential informant into Tobacco Hut #11, 4523 Morningside Avenue, Sioux City, Iowa to attempt to purchase tobacco. The clerk, Mi- chael P. Kromrie, sold the confidential informant a generic pack of Time cigarettes and was subsequently issued a citation for selling tobacco to an underage person in violation of State Cigarette Statute 453A.2 (1). On April 4, 2019, Mr. Kromrie was found guilty and received a fine of $195.00.

Resolution No. 2019-0287, passed and approved by the City Council on April 1, 2019, as- sessed a civil penalty of $300.00 against Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa for violation of State Cigarette Statute 453A.2(1) which occurred on January 11, 2019. On March 29, 2019, officers sent an underage confidential informant into Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa to attempt to purchase tobacco. The clerk, Rocio Ramirez Jaramillo, sold the confidential informant a pack of Marlboro cigarettes and was subsequently issued a citation for selling tobacco to an underage person in violation of State Cigarette Stat- ute 453A.2(1). On April 8, 2019, Ms. Ramirez Jaramillo was found guilty and received a fine of $195.00.

FINANCIAL IMPACT: Collection of civil penalties to be placed in the City’s General Fund.

RELATIONSHIP TO STRATEGIC PLAN: INVESTIGATIVE SERVICES: Municipal Responsibility – Health and Safety Vision Strategic Focus Area – Enhance Public/Private Partnerships

ALTERNATIVES: There are no alternatives to the imposition of the fines. These are regulated by state law and we have no option but to follow the state law.

ATTACHMENTS: Resolutions for Transit General Store, Tobacco Hut #11 and Abarrotes Aguilar Copy of citations for Catheryn Thoms, Michael P. Kromrie and Rocio Ramirez Jaramillo

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION FIXING A DATE, TIME AND PLACE FOR A HEARING ON A PROPOSED CIVIL PENALTY OF $300.00 AGAINST INDIGO LLC D.B.A. TRANSIT GENERAL STORE, 2324 TRANSIT AVENUE, SIOUX CITY, IOWA, FOR VIOLATION OF THE IOWA CIGARETTE LAWS.

WHEREAS, on March 18, 2019, Catheryn Thoms was convicted in Woodbury County District Court, Case No. STA0179520 of violating Iowa Code § 453A.2 on March 14, 2019, (a copy of said conviction is attached hereto and incorporated herein by reference); and

WHEREAS, at the time of the above violation Catheryn Thoms was an employee of Indigo LLC d.b.a. Transit General Store, 2324 Transit Avenue, Sioux City, Iowa, a cigarette permit holder; and

WHEREAS, the acts of an agent or employee of a licensee are imputed to the licensee; and

WHEREAS, said violation is a first violation of this section within a period of two (2) years; and

WHEREAS, Iowa Code § 453A.22(2), as amended, provides that a permittee who violates said section shall be assessed a civil penalty in the amount of $300.00 after a hearing and notice; and

WHEREAS, the City Council is advised and does believe that a public hearing should be set and fixed for June 3, 2019 at 4:00 o’clock P.M. in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa for the purpose of considering whether a penalty in the amount of $300.00 should be assessed against the permittee.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the City Council conduct a public hearing on a proposed fine to be assessed against Indigo LLC d.b.a. Transit General Store, 2324 Transit Avenue, Sioux City, Iowa, Ciga- rette Permit No. 19-52103.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to notify the license holder of this action by providing to said license holder a certified copy of this Resolution. Such notice shall be by mail sent to the address listed on the application for a cigarette permit.

BE IT FURTHER RESOLVED, that the City Clerk shall mail a certified copy of this Resolution to: Department of Revenue, Cigarette Permit Division, P.O. Box 10456, Des Moines, Iowa 50306- 0456; Iowa Department of Public Health, Division of Tobacco Use Prevention and Control, 321 E. 12th Street, Des Moines, Iowa 50319-0075; and the Iowa Attorney General, ATTN: Matthew L. Gannon, Assistant Attorney General, Hoover State Office Building, 1305 E. Walnut Street, 2nd Floor, Des Moines, Iowa 50319.

BE IT FURTHER RESOLVED that in the event the permittee chooses to settle this matter by voluntary payment of the fine, the City Clerk is authorized to file a copy of the Acknowledgment/Settlement Agreement with this resolution and cancel the hearing set forth herein.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Charges, Dispositions, Sentences Title: STATE vs. THOMS, CATHERYN NICOLE Case: 03971 STA0179520 (WOODBURY) Citation Number: DO577106

Defendant: THOMS, CATHERYN NICOLE

Count 01 Charge

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

Offense 03/14/2019 Arrest Date: Against Type: Date:

DPS Num-

ber: Adjudication

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

GUILTY - Adj.: NEGOTIAT- Adj. Date: 03/18/2019 ED/VOLUN PLEA

Adj. Judge: ,

Comments:

Sentence

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

Sentence 03/18/2019 Sentence: FINE Date:

Appeal: Sen. Judge: ,

Facility Attorney: Type:

Restitution: Drug: Extradition:

Lic. Re- DDS: Batterer: voked:

Fine Duration: Amount:

Comment:

Financials Title: STATE vs. THOMS, CATHERYN NICOLE Case: 03971 STA0179520 (WOODBURY) Citation Number: DO577106

Summary Orig Paid Due

COSTS 60.00 60.00 0.00

FINE 100.00 100.00 0.00

SURCHARGE 35.00 35.00 0.00

RESTITUTION 0.00 0.00 0.00

OTHER 0.00 0.00 0.00

$195.00 $195.00 $0.00

SUPPORT/ALIMONY N/A 0.00 N/A

Filings Title: STATE vs. THOMS, CATHERYN NICOLE Case: 03971 STA0179520 (WOODBURY) Citation Number: DO577106 Event Filed By Filed Create Date Last Updated Action Date VIOLATIONS HANDLED BY CLERK 03/18/2019 03/18/2019 03/18/2019 TRAFFIC TICKET FILING 03/15/2019 03/15/2019 03/15/2019 Comments: ARR: 04/04/2019 @ 01:30 PM RE EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR

Summary Title: STATE vs. THOMS, CATHERYN NICOLE EDMS

Trial Court Case ID Originating County Created Speedy Trial Microfilm Ref

03971 STA0179520 WOODBURY 03/15/2019

Citation Number Disposition Status Disposition Date Reopened Date

DO577106 VIOLATIONS HANDLED BY CLERK 03/18/2019

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION FIXING A DATE, TIME AND PLACE FOR A HEARING ON A PROPOSED CIVIL PENALTY OF $300.00 AGAINST KKNJ INCORPORATED D.B.A. TOBACCO HUT #11, 4523 MORNINGSIDE AVENUE, SIOUX CITY, IOWA, FOR VIOLATION OF THE IOWA CIGARETTE LAWS.

WHEREAS, on April 4, 2019, Michael P. Kromrie was convicted in Woodbury County District Court, Case No. STA0179521 of violating Iowa Code § 453A.2 on March 14, 2019, (a copy of said conviction is attached hereto and incorporated herein by reference); and

WHEREAS, at the time of the above violation Michael P. Kromrie was an employee of KKNJ Incorporated d.b.a. Tobacco Hut #11, 4523 Morningside Avenue, Sioux City, Iowa, a cigarette permit holder; and

WHEREAS, the acts of an agent or employee of a licensee are imputed to the licensee; and

WHEREAS, said violation is a first violation of this section within a period of two (2) years; and

WHEREAS, Iowa Code § 453A.22(2), as amended, provides that a permittee who violates said section shall be assessed a civil penalty in the amount of $300.00 after a hearing and notice; and

WHEREAS, the City Council is advised and does believe that a public hearing should be set and fixed for June 3, 2019 at 4:00 o’clock P.M. in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa for the purpose of considering whether a penalty in the amount of $300.00 should be assessed against the permittee.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the City Council conduct a public hearing on a proposed fine to be assessed against KKNJ Incorporated d.b.a. Tobacco Hut #11, 4523 Morningside Avenue, Sioux City, Io- wa, Cigarette Permit No. 19-23347.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to notify the license holder of this action by providing to said license holder a certified copy of this Resolution. Such notice shall be by mail sent to the address listed on the application for a cigarette permit.

BE IT FURTHER RESOLVED, that the City Clerk shall mail a certified copy of this Resolution to: Department of Revenue, Cigarette Permit Division, P.O. Box 10456, Des Moines, Iowa 50306- 0456; Iowa Department of Public Health, Division of Tobacco Use Prevention and Control, 321 E. 12th Street, Des Moines, Iowa 50319-0075; and the Iowa Attorney General, ATTN: Matthew L. Gannon, Assistant Attorney General, Hoover State Office Building, 1305 E. Walnut Street, 2nd Floor, Des Moines, Iowa 50319.

BE IT FURTHER RESOLVED that in the event the permittee chooses to settle this matter by voluntary payment of the fine, the City Clerk is authorized to file a copy of the Acknowledgment/Settlement Agreement with this resolution and cancel the hearing set forth herein.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Charges, Dispositions, Sentences Title: STATE VS KROMRIE, MICHAEL P Case: 03971 STA0179521 (WOODBURY) Citation Number: DO577107

Defendant: KROMRIE, MICHAEL P

Count 01 Charge

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

Offense 03/14/2019 Arrest Date: Against Type: Date:

DPS Num-

ber: Adjudication

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

GUILTY - Adj.: NEGOTIAT- Adj. Date: 04/04/2019 ED/VOLUN PLEA

Adj. Judge: WOODBURY COUNTY CLERK,

Comments:

Sentence

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

Sentence 04/04/2019 Sentence: FINE Date:

Appeal: Sen. Judge: WOODBURY COUNTY CLERK,

Facility Attorney: N Type:

Restitution: N Drug: N Extradition: N

Lic. Re- N DDS: N Batterer: voked:

Fine 100 Duration: Amount:

Comment: TTP 05/03/2019

Financials Title: STATE VS KROMRIE, MICHAEL P Case: 03971 STA0179521 (WOODBURY) Citation Number: DO577107

Summary Orig Paid Due

COSTS 60.00 0.00 60.00

FINE 100.00 0.00 100.00

SURCHARGE 35.00 0.00 35.00

RESTITUTION 0.00 0.00 0.00

OTHER 0.00 0.00 0.00

$195.00 $0.00 $195.00

Add to Cart Review Cart

SUPPORT/ALIMONY N/A 0.00 N/A

Filings Title: STATE VS KROMRIE, MICHAEL P Case: 03971 STA0179521 (WOODBURY) Citation Number: DO577107 Event Filed By Filed Create Date Last Updated Action Date COURT ORDERED PAYMENT PLAN 04/04/2019 04/04/2019 04/04/2019 VIOLATIONS HANDLED BY CLERK WOODBURY COUNTY CLERK 04/04/2019 04/04/2019 04/04/2019 Comments: TTP 05/03/2019 TRAFFIC TICKET FILING 03/15/2019 03/15/2019 03/15/2019 Comments: ARR: 04/04/2019 @01:30 PM RE: EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - 1ST OFF

Summary Title: STATE VS KROMRIE, MICHAEL P EDMS

Trial Court Case ID Originating County Created Speedy Trial Microfilm Ref

03971 STA0179521 WOODBURY 03/15/2019

Citation Number Disposition Status Disposition Date Reopened Date

DO577107 VIOLATIONS HANDLED BY CLERK 04/04/2019

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION FIXING A DATE, TIME AND PLACE FOR A HEARING ON A PROPOSED $1,500.00 CIVIL PENALTY OR THIRTY (30) DAY SUSPENSION OF A CIGARETTE PERMIT ISSUED TO EMMA AGUILAR D.B.A. ABARROTES AGUILAR, 1001 COURT STREET, SIOUX CITY, IOWA, FOR VIOLATION OF THE IOWA CIGARETTE LAWS.

WHEREAS, on April 8, 2019, Rocio Ramirez Jaramillo was convicted in Woodbury County District Court, Case No. STA0180288 of violating Iowa Code § 453A.2 on March 29, 2019 (a copy of said conviction is attached hereto and incorporated herein by reference); and

WHEREAS, at the time of the above violation Rocio Ramirez Jaramillo was an employee of Emma Aguilar d.b.a. Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa, a cigarette permit holder; and

WHEREAS, the acts of an agent or employee of a licensee are imputed to the licensee; and

WHEREAS, said violation is a second violation of this section within a period of two (2) years (the first violation occurred on January 11, 2019, and the conviction entered February 21, 2019); and

WHEREAS, Iowa Code § 453A.22(2), as amended, provides that a permittee who violates said section twice within a two year period shall, at the permittee’s option, pay a civil penalty of $1,500.00 or have the permittee’s license suspended for thirty (30) days after a hearing and notice; and

WHEREAS, the City Council is advised and does believe that a public hearing should be set and fixed for June 3, 2019 at 4:00 P.M. in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa for the purpose of considering whether said permittee should pay a $1,500.00 civil penalty or the license should be suspended for a thirty (30) day period.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the City Council conduct a public hearing on a proposed $1,500.00 civil penal- ty or thirty (30) day suspension of a cigarette permit issued to Emma Aguilar d.b.a. Abarrotes Aguilar, 1001 Court Street, Sioux City, Iowa, Cigarette Permit No. 19-54740.

BE IT FURTHER RESOLVED that if the civil penalty is not paid within thirty days after the hearing date, the license will automatically be suspended for thirty days

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to notify the license holder of this action by providing to said license holder a certified copy of this Resolution. Such notice shall be by mail sent to the address listed on the application for a cigarette permit. The permittee may select either the civil penalty or suspension by written notice to the City.

BE IT FURTHER RESOLVED, that the City Clerk shall mail a certified copy of this Resolution to: Department of Revenue, Cigarette Permit Division, P.O. Box 10456, Des Moines, Iowa 50306- 0456; Iowa Department of Public Health, Division of Tobacco Use Prevention and Control, 321 E. 12th Street, Des Moines, Iowa 50319-0075; and the Iowa Attorney General, ATTN: Matthew L. Gannon, Assistant Attorney General, Hoover State Office Building, 1305 E. Walnut Street, 2nd Floor, Des Moines, Iowa 50319.

BE IT FURTHER RESOLVED that in the event the permittee chooses to settle this matter by voluntary payment of the fine, the City Clerk is authorized to file a copy of the Acknowledgment/Settlement Agreement with this resolution and cancel the hearing set forth herein.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Charges, Dispositions, Sentences Title: STATE vs. RAMIREZ JARAMILLO, ROCIO Case: 03971 STA0180288 (WOODBURY) Citation Number: DO577108

Defendant: RAMIREZ JARAMILLO, ROCIO

Count 01 Charge

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

Offense Date: 03/29/2019 Arrest Date: Against Type:

DPS Number:

Adjudication

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

GUILTY - Adj.: NEGOTIAT- Adj. Date: 04/08/2019 ED/VOLUN PLEA

Adj. Judge: ,

Comments:

Sentence

EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - Charge: 453A.2(1) Description: 1ST OFF

Sentence 04/08/2019 Sentence: FINE Date:

Appeal: Sen. Judge: ,

Facility Type: Attorney:

Restitution: Drug: Extradition:

Lic. Revoked: DDS: Batterer:

Fine Amount: Duration:

Comment:

Financials Title: STATE vs. RAMIREZ JARAMILLO, ROCIO Case: 03971 STA0180288 (WOODBURY) Citation Number: DO577108

Summary Orig Paid Due

COSTS 60.00 0.00 60.00

FINE 100.00 100.00 0.00

SURCHARGE 35.00 0.00 35.00

RESTITUTION 0.00 0.00 0.00

OTHER 0.00 0.00 0.00

$195.00 $100.00 $95.00

Add to Cart Review Cart

SUPPORT/ALIMONY N/A 0.00 N/A

Filings Title: STATE vs. RAMIREZ JARAMILLO, ROCIO Case: 03971 STA0180288 (WOODBURY) Citation Number: DO577108 Event Filed By Filed Create Date Last Updated Action Date VIOLATIONS HANDLED BY CLERK 04/08/2019 04/08/2019 04/08/2019 TRAFFIC TICKET FILING 04/01/2019 04/01/2019 04/01/2019 Comments: ARR 4/19/19 @ 1:30PM RE: EMPLOYEE PROVIDING TOBACCO/VAPOR PRODUCT TO MINOR - 1ST OFF

Summary Title: STATE vs. RAMIREZ JARAMILLO, ROCIO EDMS

Trial Court Case ID Originating County Created Speedy Trial Microfilm Ref

03971 STA0180288 WOODBURY 04/01/2019

Citation Number Disposition Status Disposition Date Reopened Date

DO577108 VIOLATIONS HANDLED BY CLERK 04/08/2019

x Regular Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 14A FROM: Al Harris-Fernandez, Art Center Director

Resolution awarding a Service Provider Agreement to Crystalizations Sys- SUBJECT: tems, Inc. of Holbrook, New York for the relocation of existing painting storage system at the Sioux City Art Center (RFB #256365).

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

RECOMMENDATION: Staff respectfully requests City Council award a service provider agreement to Crystalizations Systems, Inc. of Holbrook, New York, for the relocation of existing painting storage system at the Sioux City Art Center (RFB #256365).

DISCUSSION: Staff would like to enter into an agreement to relocate the existing movable painting storage system with wall-mounted storage area from the first floor and reinstall the system as a double row configuration on the second floor. This relocation is necessary due to the current Art Cen- ter Renovation Project (Resolution No. 2018-0996) in which the current collection storage ar- ea, located on the first floor, will move to the second floor.

City staff contacted two firms that specialize in the design, manufacturing and custom installa- tion of advanced, conservation-safe storage solutions for museums.

The two firms were: Crystalizations Systems, Inc., Holbrook, New York, that submitted a quote of $30,400; and, Midwest Storage Solutions, Inc., Omaha, Nebraska, that provided an initial quote of $80,000, which would increase as the work progressed.

FINANCIAL IMPACT: Funds are available in account #301-8299-433.22-39, Art Center CIP Miscellaneous Im- provements, Purchase Property Service, Construction Contract Service. Project 339-003 Art Center Capital Projects available balance is $182,603.

RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans

ALTERNATIVES: Reject all bids.

ATTACHMENTS: Resolution Service Provider Agreement, Hard Copy

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING A SERVICE PROVIDER AGREEMENT TO CRYS- TALIZATIONS SYSTEMS, INC. OF HOLBROOK, NEW YORK FOR THE RE- LOCATION OF EXISTING PAINTING STORAGE SYSTEM AT THE SIOUX CITY ART CENTER (RFB #256365).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a Ser- vice Provider Agreement, a copy of which is attached hereto and by this reference made a part hereof, be awarded to Crystalizations Systems, Inc. of Holbrook, New York for the relocation of existing painting storage system at the Sioux City Art Center (RFB #256365).

BE IT FURTHER RESOLVED, that the City Manager and City Clerk be and they are hereby au- thorized and directed to execute said Service Provider Agreement for and on behalf of the City.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 14B FROM: Renae Billings, Business Development Coordinator

Resolution approving a fiscal management service agreement between the SUBJECT: City of Sioux City and Iowa’s West Coast Initiative for the purposes of region- al entrepreneurial development efforts.

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

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

DISCUSSION: Background Iowa’s West Coast Initiative (IWCI) is a collaboration between the economic development or- ganizations in Plymouth, Monona and Woodbury counties. The goal of IWCI is to enhance the region’s entrepreneurial development efforts by creating a supportive culture, providing busi- ness and technical assistance, offering networking opportunities and increasing access to capital for entrepreneurs.

Iowa’s West Coast Initiative was awarded grant funds in 2015 and 2017 from the Iowa Eco- nomic Development Authority’s (IEDA) Regional Marketing Grant Program. IEDA awarded two dollars for every one dollar contributed by the local economic development organizations and the group had two years to spend the awarded funds from each grant. IWCI received $15,700 from IEDA in 2015 and $21,400 in 2017. These funds were used to create a logo, website, handout, and video to help identify and promote our region; sponsor many local net- working events, including Biz Brew, Business Blender and Business for Breakfast; sponsor specialized educational opportunities, including Iowa Startup Games, Journey to Your Vision and Launch It Program; and support business idea competitions, including Dream Big Grow Here, Innovation Market and Swimming with the Sharks.

Proposal At the end of 2018, IEDA decided to no longer offer the Regional Marketing Grant Program. However, the local economic development organizations would like to continue to work to- gether in the upcoming years to grow the region’s entrepreneurial community. The City of Sioux City, Woodbury County, The Siouxland Initiative, the LeMars Business Initiative Corpo- ration, Monona County Economic Development Partnership, Siouxland Economic Develop- ment Corporation, SIMPCO and MidAmerican Energy have all agreed to continue contributing financially to these efforts, with the group committing to contribute a total of $12,850 in 2019. Funds received will be used to continue to promote our region, events, and entrepreneurs;

market the services and resources that are available to entrepreneurs; partner with regional and statewide organizations to offer specialized educational and technical assistance; host and sponsor business idea competitions; develop new resources and programs, etc.

The City of Sioux City has acted as the fiscal agent on behalf of IWCI during the two grant pe- riods and IWCI has requested the City continue to do so going forward.

FINANCIAL IMPACT: The City will contribute $2,000 towards the regional entrepreneurship development efforts, with the remaining funds being provided by the other participating economic development or- ganizations.

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 Fiscal Management Service Agreement

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING A FISCAL MANAGEMENT SERVICE AGREEMENT BETWEEN THE CITY OF SIOUX CITY AND IOWA’S WEST COAST INITIATIVE FOR THE PURPOSES OF REGIONAL ENTREPRENEURIAL DEVELOPMENT EFFORTS.

WHEREAS, Iowa’s West Coast Initiative is a collaboration between the economic development organizations in Plymouth, Monona and Woodbury counties with the goal of enhancing the re- gion’s entrepreneurial development efforts by creating a supportive culture, providing business and technical assistance, offering networking opportunities and increasing access to capital for entrepreneurs; and

WHEREAS, the City of Sioux City has acted as the fiscal agent on behalf of Iowa’s West Coast Initiative and Iowa’s West Coast Initiative has requested the City of Sioux City continue as the fiscal agent.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that a Fiscal Management Service Agreement between the City of Sioux City and Iowa’s West Coast Initiative, a copy of which is attached hereto and by this reference made a part hereof, for the purposes of regional entrepreneurial development efforts, be and the same is hereby ap- proved and accepted.

BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized and directed to execute said Fiscal Management Service Agreement for and on behalf of the City of Sioux City, Iowa.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

FISCAL MANAGEMENT SERVICE AGREEMENT

This Agreement is made on the _____ day of ______, 2019 by and between the City of Sioux City, Iowa (“City”), an Iowa municipal corporation and Iowa’s West Coast Initiative (“IWCI”), a collaboration of economic development organizations in Plymouth, Monona and Woodbury counties. RECITAL The City and IWCI desire to enter into an Agreement whereby the City will provide Fiscal Man- agement Services to IWCI. Therefore, it is agreed as follows: 1. City agrees to provide Management Services to IWCI in connection with regional entre- preneurial development efforts.

2. Fiscal Management Services shall be defined to include: accounting, check writing and distribution, and providing basic financial statements.

3. Due to the benefit to the public and the City related to the regional entrepreneurship de- velopment efforts, these services shall be provided at no additional cost to IWCI.

4. IWCI shall approve all claims for payments by the City under the City’s administrative policy for purchases.

5. Upon approval of this Agreement, the participating economic development organizations will provide financial contributions to the City to fund IWCI’s efforts.

6. City will maintain all IWCI funds in a separate project fund.

7. This Agreement may be terminated by the either party upon not less than thirty (30) days written notice which shall be served upon IWCI at 405 6th Street, Sioux City, Iowa 51101, Attn: Economic Development Department or upon the City at 405 6th Street, Sioux City, Iowa 51102, Attn: City Attorney. In the event of any such termination, all of the financial contributions provided to the City pursuant to this Agreement shall be returned to IWCI.

8. The City shall not be responsible for any indebtedness incurred by IWCI.

9. IWCI shall indemnify and hold harmless from all liability concerning any of the services required by this Agreement the City, its elected officials, officers, employees and agents and shall indemnify and hold harmless the City, its elected officials, officers, employees and agents from all costs, attorney fees, expenses and liabilities incurred in or from any claim or action under this Agreement.

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above first written.

CITY OF SIOUX CITY, IOWA

______Robert E. Scott, Mayor

ATTEST:

______Lisa L. McCardle, City Clerk

STATE OF IOWA ) ) SS COUNTY OF WOODBURY )

On this ______day of ______, 20___, before me a Notary Pub- lic in and for said State, personally appeared ______and ______, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, re- spectively, of the City of Sioux City, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Munic- ipality, and that said instrument was signed and sealed on behalf of said Municipality by authori- ty and resolution of its City Council, and said Mayor and City Clerk acknowledged said instru- ment to be the free act and deed of said Municipality by it voluntarily executed.

______Notary Public in and for the State of Iowa

Iowa’s West Coast Initiative

______Renae Billings, Member

STATE OF IOWA ) ) SS COUNTY OF WOODBURY )

On this ______day of ______, 2019, before me the undersigned, a Notary Public in and for said State, personally appeared Renae Billings, to me personally known, who, being by me duly sworn, did say that she is a member of Iowa’s West Coast Initiative, and that said instrument was signed on behalf of said organization; and that the said member as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said organization, by it voluntarily executed.

______Notary Public in and for the State of Iowa

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 14C

FROM: Marty Dougherty, Economic & Community Development Director

Resolution authorizing and approving a First Amendment to the Develop- ment Agreement and Minimum Assessment Agreement with Kinseth Hospi- SUBJECT: tality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC (900 4th Street).

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

RECOMMENDATION: Staff respectfully requests Council approval of the above resolution.

DISCUSSION: Background On June 5, 2017, the City Council approved a Development Agreement and Minimum As- sessment Agreement with Kinseth Hospitality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc. and Downtown Sioux City Hotel Associates, LLC for the construction of a new five-story 150-room Courtyard by Marriott Hotel connected to the Convention Center.

Proposal Initial plans were to begin construction in the fall of 2017, with completion by the end of 2018. However, although site and utility work began in late 2017, coordination between the projects on the site, (including the relocation of utilities and the construction of the adjacent parking deck and pre-function space), extended the construction timeline for the hotel. The ground- breaking took place on June 6, 2018, and since it began, construction of the hotel has re- mained on schedule. The hotel is now expected to be completed and open in November 2019.

The proposed amendment modifies the hotel completion date to December 2019. This also moves start of the minimum assessment from January 1, 2019 to January 1, 2020, (and the start of the tax rebate schedule). The hotel will receive a partial assessment for the assessed value of the hotel as of January 1, 2019, and Kinseth has agreed to pay the property taxes on the partial assessment. In all other respects the terms of the Development Agreement and Minimum Assessment Agreement shall remain in effect.

FINANCIAL IMPACT: This action does not change the previous financial commitments for the project. The City will receive a property tax payment for a partial assessment of the hotel in 2019. Note: revenue from the Iowa Reinvestment District is set to begin in October 2019, and will not be impacted by this amendment.

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 First Amendment to Development Agreement First Amendment to Minimum Assessment Agreement

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING AND APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT AND MINIMUM ASSESSMENT AGREE- MENT WITH KINSETH HOSPITALITY COMPANY, INC., KINSETH DOWN- TOWN SIOUX CITY HOTEL DEVELOPMENT, INC., AND DOWNTOWN SIOUX CITY HOTEL ASSOCIATES, LLC (900 4th STREET)

WHEREAS, pursuant to Resolution No. 2017-0569 passed and approved by the City Council on June 5, 2017, the City of Sioux City, Kinseth Hospitality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC entered into a Development Agreement which was recorded at the office of the Woodbury Record- er/Auditor on November 3, 2017 at Roll 755, Image 8118, Document Number 5255 and a Mini- mum Assessment Agreement which was recorded at the office of the Woodbury Record- er/Auditor on November 3, 2017 at Roll 755, Image 8204, Document Number 5256 relating to the construction of a new five story Courtyard by Marriott Hotel at 900 4th Street which, when completed, will connect to the Sioux City Convention Center; and

WHEREAS, the Developer has started construction of the new hotel on the site and the comple- tion date for the hotel was projected to be no later than January 1, 2019; and

WHEREAS, the coordination between multiple projects on the site has caused the construction timeline for the new hotel to be extended and the anticipated completion date is now November 2019; and

WHEREAS, the construction completion date, the date the tax rebates will commence, the termination date, and the date the minimum assessment will come into effect need to be amended; and

WHEREAS, the City Council is advised and does believe that it is necessary to amend said Development Agreement and Minimum Assessment Agreement to extend the construction timeline.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY IOWA, that the First Amendment to the Development Agreement and Minimum Assess- ment Agreement between the City of Sioux City, Kinseth Hospitality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC, attached hereto and by this reference made a part thereof, extending the construction timeline be and the same are hereby approved as to form and content.

BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said First Amendment to the Development Agreement and Minimum Assessment Agreement with Kinseth Hospitality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC for and on behalf of the City of Sioux City.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (KINSETH HOSPITALITY COMPANY, INC., KINSETH DOWNTOWN SIOUX CITY HOTEL DEVELOPMENT, INC., AND DOWNTOWN SIOUX CITY HOTEL ASSOCIATES, LLC)

THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT made on this day of 2019, by and between the City of Sioux City, Iowa, an Iowa municipal corporation, (hereinafter referred to as "City"), and Kinseth Hospitality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC (hereinafter referred to as "Developer").

RECITALS

WHEREAS, on June 5, 2017, the City and the Developer entered into a Development Agreement for the development of property located at 900 4th Street, Sioux City, Iowa 51101, which Development Agreement was recorded on November 3, 2017 at Roll 755, Image 8118, Document Number 5255 in the Woodbury County, Iowa Auditor and Recorder's Office; and

WHEREAS, the Developer has finalized plans and started construction of a new five-story hotel on the site in downtown Sioux City; and

WHEREAS, the completion date for construction of the new hotel was projected to be no later than January 1, 2019; and

WHEREAS, the construction timeline for the new hotel has been ex:ended and the anticipated completion date is now November 2019; and

WHEREAS, the date the minimum assessment will come into effect wil be amended to January 1, 2020; and

WHEREAS, it is necessary to amend the Development Agreement and Minimum Assessment Agreement thereto to correct the information noted above; and

WHEREAS, all other terms of the Development Agreement and Minimum Assessment Agreement would remain in effect on the Development Property; and

WHEREAS, both parties wish to amend said Development Agreement and Minimum Assessment Agreement.

NOW, THEREFORE, IT IS AGREED that the Development Agreement is amended as follows:

1. Section 4.3, Commencement and Completion of Construction, is amended to read as follows:

Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be commenced by no later than September 1, 2017 and substantially completed (i) by no later than January 1, 2020 or (ii) by such other date as the parties shall mutually agree upon in writing. rime lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements to be constructed or provided by the Developer shall be in conformity with the Construction Plans.

2. Section 5.1 (b), Tax Rebate Grant, is amended to read as follows:

Assuming substantial completion by January 1, 2020, and a Minimum Actual Value pursuant to the Assessment Agreement of at least Twelve Million Two Hundred Thousand Dollars ($12,200,000) as of January 1, 2020, the Tax Rebate Grants shall commence with the property tax payment in September 2021, and end on the earlier of September 2035 or when the maximum amount of Six Million Dollars ($6,000,000) has been met. The Tax Rebate Grants shall commence and be in effect for the fiscal year during which the completion of the development occurs and the property has been fully assessed. Payments shall be made on a reimbursement basis to the Developer upon proof of payment of real estate taxes based upon the minimum valuation set forth above.

3. Section 6.1 (f), Covenants of the Developer, is amended to read as follows:

By no later than January 1, 2020, the Developer shall employ at least Forty (40) Full Time Employees at the Minimum Improvements. The Forty (40) Full Time Employees shall be employed by Developer at the Minimum Improvements until at least January 1, 2034.

4. Section 6.2, Execution of Assessment Agreement, is amended to read as follows:

The Developer (and the holder of any First Mortgage or lienholder) shall agree to, and with the City shall execute, an Assessment Agreement pursuant to the provisions of Section 403.6(19) of the Code of Iowa specifying the Assessor's Minimum Actual Value for the Development Property and the Minimum Improvements for calculation of real property taxes. Specifically, the Developer (and the holder of any First Mortgage or lienholder) shall agree to a minimum actual value for the commercial portion of the Development Property and the Minimum Improvements which will result in an assessment as of January 1, 2020 of not less than Twelve Million Two Hundred Thousand Dollars ($12,200,000) for the completed Project (such minimum actual value at the time applicable is herein referred to as the "Assessor's Minimum Actual Value"). Nothing in the Assessment Agreement shall limit the discretion of the Assessor to assign an actual value to the property in excess of such Assessor's Minimum Actual Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such actual value for property tax purposes; provided, however, that the Developer shall not seek a reduction of such actual value below the Assessor's Minimum Actual Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until the Termination Date set forth in Section 12.11 hereof. The Assessment Agreement shall be certified by the Assessor for the City as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the County Recorder of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any First Mortgage or lienholder. 4. Section 12.1, Termination Date, is amended to read as follows:

This Agreement will terminate on December 31, 2034.

5. Exhibit C, Minimum Assessment Agreement, is amended to read as follows:

1. Upon substantial completion of construction of the above-referenced Minimum Improvements, but no later than January 1, 2020, the minimum actual taxable value which shall be fixed for assessment purposes for the Development Property and the Minimum Improvements to be constructed thereon shall be not less than Twelve Million Two Hundred Thousand Dollars ($12,200,000) as of January 1, 2020 (hereafter referred to as the "Minimum Actual Value"). The Minimum Actual Value shall continue to be effective until termination of this Minimum Assessment Agreement on December 31, 2034 (the "Termination Date"). The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Development Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. [The City shall notify the Assessor promptly upon payment of the Bonds in full].

Exhibit C, Certification to Assessor, is amended to read as follows:

The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Twelve Million Two Hundred Thousand Dollars ($12,200,000) as of January 1, 2020, all until termination of this Minimum Assessment Agreement. I understand that the Minimum Improvements will be completed in calendar year 2019 and that the agreed assessment amount will become effective on January 1, 2020.

[SIGNATURE PAGE TO FOLLOW] CITY OF SIOUX CITY, IOWA

By: Robert E. Scott, Mayor

Attest: Lisa L. McCardle, City Clerk

STATE OF IOWA

COUNTY OF WOODBURY )

On this day of , 2019, before me the undersigned, a Notary Public in and for Woodbury County, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed hereto is the seal of the City of Sioux City, Iowa; that the said instrument was signed and sealed on behalf of said City of Sioux City, Iowa, and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said City of Sioux City, Iowa, by it and by them voluntarily executed.

NOTARY PUBLIC in and for said COUNTY and STATE KINSETH HOSPITALITY COMPANY, INC. 1 By: (LA._ Bruce Kinseth, Senior Vice President

STATE OF IOWA ) SS COUNTY OF

On this day of ± .1 , 2019, before me the undersigned, a Notary Public in and for said State, personally appeared Bruce Kinseth, to me personally known, who, being by me duly sworn, did say that he is the Senior Vice President of Kinseth Hospitality Company, Inc., and that said instrument was signed on behalf of said corporation; and that the said Senior Vice President as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed.

Notary Public in and for the State of Iowa

KATHI ELDER Notarial Seal - Iowa Commission # 730271 My Commission Expires re; -1 KINSETH DOWNTOWN SIOUX CITY HOTEL DEVELOPMENT, INC

By: (5L(.rt-L__ ICt4vaff-A Bruce Kinseth, Vice President

STATE OF IOWA ) SS COUNTY OF ) r. ( On this day of t 1 , 2019, before me the undersigned, a Notary Public in and for said State, person lly appeared Bruce Kinseth, to me personally known, who, being by me duly sworn, did say that he is the Vice President of Kinseth Downtown Sioux City Hotel Development, Inc., and that said instrument was signed on behalf of said company; and that the said Vice President as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed.

Notary Public in and for the State of Iowa

-AL AL. KATI-li ELDER Notarial S,&al - Iowa Commission # 730271 , • My Commission Expires <<.: DOWNTOWN SIOUX CITY HOTEL ASSOCIATES, LLC

By: &t-te...L, (CC/I/ULLA Bruce Kinseth, Manager and Member

STATE OF IOWA ) SS COUNTY OF t )

On this day of -1 • , 2019, before me the undersigned, a Notary Public in and for said State, personally appeared Bruce Kinseth, to me personally known, who, being by me duly sworn, did say that he is the Manager and Member of Downtown Sioux City Hotel Associates, LLC, and that said instrument was signed on behalf of said company; and that the said Manager and Member as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed.

fl

Notary Public in and for the State of Iowa

KATHI ELDER Notarial Seal - Iowa Commission # 730271_ c, My Commission Expires (?;.:', 2r."100•11P-A111"4111P"W"ir FIRST AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT (KINSETH HOSPITALITY COMPANY, INC., KINSETH DOWNTOWN SIOUX CITY HOTEL DEVELOPMENT, INC., AND DOWNTOWN SIOUX CITY HOTEL ASSOCIATES, LLC)

THIS FIRST AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT made on this day of 2019, by and between the City of Sioux City, Iowa, an Iowa municipal corporation, (hereinafter referred to as "City"), and Kinseth Hospitality Company, Inc., Kinseth Downtown Sioux City Hotel Development, Inc., and Downtown Sioux City Hotel Associates, LLC (hereinafter referred to as "Developer").

RECITALS

WHEREAS, on June 5, 2017, the City and the Developer entered into a Minimum Assessment Agreement for the development of property located at 900 4th Street, Sioux City, Iowa 51101, which Minimum Assessment Agreement was recorded on November 3, 2017 at Roll 755, Image 8204, Document Number 5256 in the Woodbury County, Iowa Auditor and Recorder's Office; and

WHEREAS, the Developer has finalized plans and started construction of a new five-story hotel on the site in downtown Sioux City; and

WHEREAS, the completion date for construction of the new building was projected to be no later than January 1, 2019; and

WHEREAS, the construction timeline for the new building has been extended and the anticipated completion date is now November 2019; and

WHEREAS, the date the minimum assessment will come into effect will be amended to January 1, 2020; and

WHEREAS, it is necessary to amen:4. the Development Agreement and Minimum Assessment Agreement thereto to correct the information noted above; and

WHEREAS, all other terms of the Development Agreement and Minimum Assessment Agreement would remain in effect on the Development Property; and

WHEREAS, both parties wish to amend said Development Agreement and Minimum Assessment Agreement.

NOW, THEREFORE, IT IS AGREED that the Minimum Assessment Agreement is amended as follows:

1. Section 1. is amended to read as follows:

Upon substantial completion of construction of the above-referenced Minimum Improvements, but no later than January 1, 2020, the minimum actual taxable value which shall be fixed for assessment purposes for the Development Property and the Minimum Improvements to be constructed thereon shall be not less than Twelve Million Two Hundred Thousand Dollars ($12,200,000) as of January 1, 2020 (hereafter referred to as the "Minimum Actual Value"). The Minimum Actual Value shall continue to be effective until termination of this Minimum Assessment Agreement on December 31, 2034 (the "Termination Date"). The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Development Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. [The City shall notify the Assessor promptly upon payment of the Bonds in full].

2. Certification of Assessor is amended to read as follows:

The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Twelve Million Two Hundred Thousand Dollars ($12,200,000) as of January 1, 2020, all until termination of this Minimum Assessment Agreement. I understand that the Minimum Improvements will be completed in calendar year 2019 and that the agreed assessment amount will become effective on January 1, 2020.

All other terms of the Minimum Assessment Agreement shall remain in full force and effect.

[SIGNATURE PAGE TO FOLLOW] In witness whereof, the parties hereto have duly executed this First Amendment to the Minimum Assessment Agreement in duplicate this day of , 2019.

CITY OF SIOUX CITY, IOWA

By: Robert E. Scott, Mayor

Attest: Lisa L. McCardle, City Clerk

STATE OF IOWA )

COUNTY OF WOODBURY )

On this day of , 2019, before me the undersigned, a Notary Public in and for Woodbury County, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, who, being by me duly sworn, did say that they are Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed hereto is the seal of the City of Sioux City, Iowa; that the said instrument was signed and sealed on behalf of said City of Sioux City, Iowa, and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said City of Sioux City, Iowa, by it and by them voluntarily executed.

NOTARY PUBLIC in and for said COUNTY and STATE KINSETH HOSPITALITY COMPANY, INC.

Bruce Kinseth, Senior Vice President

STATE OF IOWA ) SS COUNTY OF,_L3DW-k-_,I1

c— On this A. \ day of , 2019, before me the undersigned, a Notary Public in and for said State, personallyappeared Bruce Kinseth, to me personally known, who, being by me duly sworn, did say that he is the Senior Vice President of Kinseth Hospitality Company, Inc., and that said instrument was signed on behalf of said corporation; and that the said Senior Vice President as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed. ( /

Notary Public in and for the State of Iowa

KAN ELDER Notarial Seal - Iowa Commission # 730271 My Commission Expires — KINSETH DOWNTOWN SIOUX CITY HOTEL DEVELOPMENT, INC.

By: P 14/— Bruce Kinseth, Vice President

STATE OF IOWA ) SS COUNTY OF

On this day of -e , 2019, before me the undersigned, a Notary Public in and for said State, personally appeared Bruce Kinseth, to me personally known, who, being by me duly sworn, did say that he is the Vice President of Kinseth Downtown Sioux City Hotel Development, Inc., and that said instrument was signed on behalf of said company; and that the said Vice President as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed.

Notary Public in and for the State of Iowa

KATHI ELDER Notarial Seal - Iowa Commission # 730271„,„ My Commission Expires DOWNTOWN SIOUX CITY HOTEL ASSOCIATES, LLC

By: (6--. 444-4P1 Bruce Kinseth, Manager and Member

STATE OF IOWA ) SS COUNTY OF

On this day of , 2019, before me the undersigned, a Notary Public in and for said State, personally appeared Bruce Kinseth, to me personally known, who, being by me duly sworn, did say that he is the Manager and Member of Downtown Sioux City Hotel Associates, LLC, and that said instrument was signed on behalf of said company; and that the said Manager and Member as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it voluntarily executed.

) ) I! 6( 1------Notary Public in and for the State of Iowa

KATHI ELDER Notarial Seal - Iowa Commission # My 730271 Commission Expires

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 14D Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution awarding and approving a contract to Infra-Track, Inc. in the SUBJECT: amount of $273,937.00 for the Riverside Boulevard Storm Sewer Cleaning Project (Project No. 7033-549-101).

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 Infra-Track, Inc. of Worthing, South Dakota in the amount of $273,937.00 for the Riverside Boulevard Storm Sewer Cleaning Project (Project No. 7033-549-101).

DISCUSSION: This project includes the cleaning of storm sewers on Riverside Boulevard between Military Road and War Eagle Drive. The Underground Utilities Division has identified several segments of storm sewer on Riverside Boulevard that are filled with debris that will need to be removed with mechanical means that are beyond the equipment available to the Underground Utilities Division. Notice of Public Hearing was advertised on March 23, 2019 and March 30, 2019. The public hearing was held on April 1, 2019. Construction completion shall be within 40 working days.

The project was bid on April 9, 2019. Three bids were received for this project. The bids are as follows:

Company City, State Base Bid Infra-Track, Inc. Worthing, South Dakota $273,937.00* National Power Rodding Chicago, Illinois $394,300.56 Corp. Iowa Trenchless, L.C. Panora, Iowa $423,600.00 Engineer’s Estimate $125,776.00

* Due to an addition error, the original total of $273,588.40 was corrected to reflect the actual bid total of $273,937.00

The base bid, submitted by Infra-Track, Inc. of Worthing, South Dakota is 117.8% or $148,161.00 above the Engineer’s Estimate of $125,776.00. This is the first time that the City Engineering Division has bid work that included heavy cleaning and did not have any historical prices to reference.

FINANCIAL IMPACT: This project is funded using transfers in water and sewer funds under CIP 719-283 Riverside Boulevard Resurfacing. The project currently has an available balance of $400,000.00.

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. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO INFRA-TRACK, INC. IN THE AMOUNT OF $273,937.00 FOR THE RIVERSIDE BOULEVARD STORM SEWER CLEANING PROJECT (PROJECT NO. 7033-549-101).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on April 9, 2019, for the Riverside Boulevard Storm Sewer Cleaning 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, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the low 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 Infra-Track, Inc. of Worthing, South Dakota, in the amount of $273,937.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best 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.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 14E Gordon Phair, City Engineer FROM: Vishnu Nellore, Civil Engineer

Resolution awarding and approving a contract to Municipal Pipe Tool Co., SUBJECT: LLC in the amount of $299,983.00 for the 2019 Annual Utility Lining Project (Project No. 7020-539-217).

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 Municipal Pipe Tool Co., LLC of Hudson, Iowa in the amount of $299,983.00 for the construction of the 2019 Annual Utili- ty Lining Project (Project No. 7020-539-217).

DISCUSSION: This project is located on West 20th Street from Myrtle Street to Center Street, Correctionville Road from South Rustin Street to Gordon Drive, and Riverside Boulevard from Military Road to War Eagle Drive. This project includes the cleaning, televising, and CIPP lining of the sanitary sewer and storm sewer. Notice of Public Hearing was advertised on March 30, 2019 and April 6, 2019. The public hearing was held on April 8, 2019. This project shall be completed within 52 working days, which is anticipated to be in September of 2019.

The project was bid on April 16, 2019. Two (2) bids were received for this project. The bids are as follows:

Company City, State Base Bid Municipal Pipe Tool Co., LLC Hudson, Iowa $299,983.00 Insituform Technologies USA, Chesterfield, Missouri $368,874.50 LLC Engineer’s Estimate $525,050.00

The base bid, submitted by Municipal Pipe Tool Co., LLC of Hudson, Iowa is 42.8% or $225,067.00 below the Engineer’s Estimate of $525,050.00. The Engineer’s Estimate was based on previous utility lining project prices but bids came in lower than expected.

FINANCIAL IMPACT: This project is funded using Sewer Funds, and Storm Water under CIP 539-217 Utility Lining Improvements. The current project balance is $481,216.00.

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. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO MUNICIPAL PIPE TOOL CO., LLC IN THE AMOUNT OF $299,983.00 FOR THE 2019 ANNUAL UTILITY LINING PROJECT (PROJECT NO. 7020-539-217).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on April 16, 2019, for the 2019 Annual Utility Lining 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, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the low 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 Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of $299,983.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best 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.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

2,605.20

26,445.00

11,275.20

17,529.60

23,959.20

91,743.00

53,809.80

21,911.40

16,163.90

103,432.20

368,874.50

Total

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

69.60

66.40

44.70

26.50

26.30

528.90

2,605.20

17,238.70

21,911.40

16,163.90

Insituform Technologies USA, LLC USA, Technologies Insituform

Unit Price Unit

$

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$

$

2,000.00

5,000.00

72,000.00

15,000.00

14,580.00

17,160.00

22,512.00

85,684.50

46,546.50

19,500.00

299,983.00

Total

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

90.00

65.00

42.00

24.75

22.75

300.00

2,000.00

5,000.00

Municipal Pipe Tool Co., LLC Co., Tool Pipe Municipal

12,000.00

19,500.00

Unit Price Unit

$

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$

7,500.00

8,000.00

30,000.00

32,400.00

39,600.00

53,600.00

71,610.00

30,000.00

10,000.00

242,340.00

Total

525,050.00

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

70.00

35.00

150.00

200.00

150.00

100.00

Engineer's Estimate Engineer's

5,000.00

8,000.00

30,000.00

10,000.00

Unit Price Unit

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

LF

LF

LF

LF

LF

LS

LS

LS

EA

CY

Unit

6

1

1

1

50

162

264

536

3462

2046

Quantity

Schedule Total

Line Item Description

Spot Repairs

F&I Flowable Mortar F&I Flowable

CIPP Lining 18" Lining CIPP

CIPP Lining 15" Lining CIPP

CIPP Lining 12" Lining CIPP

CIPP Lining 10" Lining CIPP

CIPP Lining 8" Lining CIPP

Bypass Pumping

Mobilization

Traffic Control Traffic

9

8

7

6

5

4

3

2

1 10

Line #

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 14F Captain Lisa Claeys, Police Department FROM: Stan LaFave, Facilities Maintenance Supervisor Gordon Phair, City Engineer

Resolution awarding and approving a contract to Mark Albenesius, Inc. in the SUBJECT: amount of $469,003.89 for the 2019 Parking Lot Reconstruction Sioux City Police Station Project (Project No. 6998-195-009).

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 Mark Albenesius Inc. of South Sioux City, Nebraska in the amount of $469,003.89 for the construction of the 2019 Park- ing Lot Reconstruction Sioux City Police Station Project (Project No. 6998-195-009).

DISCUSSION: This project includes the full reconstruction of the existing parking lot at the Police Headquar- ters Facility at 321 6th Street. As part of the reconstruction, improved vehicular flow, improved drainage, and improved lighting/security will be designed. The new storm sewer system will be routed to the east through the existing alley to Douglas Street where it will connect to an exist- ing storm sewer. Since the storm sewer work in the alley will be significant, the reconstruction of the alley will be included as part of the project.

Notice of Public Hearing was advertised on March 23, 2019 and March 30, 2019. The public hearing was held on April 1, 2019. Work shall be completed within 45 Working Days.

The project was bid on April 9, 2019. Four bids were received for this project. The bids are as follows:

Company City, State Base Bid Mark Albenesius Inc. South Sioux City, Nebraska $469,003.89 Bainbridge Construction, LLC Kingsley, Iowa $476,735.35 SubSurfco, LLC South Sioux City, Nebraska $527,728.23 Sioux City Engineering Co. Sioux City, Iowa $565,146.80 Engineer’s Estimate $510,000.00

The base bid, submitted by Mark Albenesius Inc. of South Sioux City, Nebraska is 8.0% or $40,996.11 below the Engineer’s Estimate of $510,000.00.

FINANCIAL IMPACT: This project is funded using General Obligation Bonds under CIP 195-009 Police Headquarters Building Reconstruction and Repairs. The project currently has an available balance of $762,002.20.

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. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Letter of Recommendation – JEO Engineering Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO MARK ALBENESIUS, INC. IN THE AMOUNT OF $469,003.89 FOR THE 2019 PARKING LOT RECONSTRUCTION SIOUX CITY POLICE STATION PROJECT (PROJECT NO. 6998-195-009).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on April 9, 2019, for the 2019 Parking Lot Reconstruction Sioux City Police Station Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by JEO Consulting Group, Inc.; and

WHEREAS, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the low 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 Mark Albenesius Inc. of South Sioux City, Nebraska, in the amount of $469,003.89 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best 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.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 14G Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager Rick Powell, Director of Operations, Tyson Events Center

Resolution awarding and approving a contract to Daktronics, Inc. in the SUBJECT: amount of $877,000.00 for the Tyson Events Center Video and Scoreboard System Project (Project No. 7042-379-051).

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 Daktronics, Inc. of Brook- ings, South Dakota in the amount of $877,000.00 for the construction of the Tyson Events Cen- ter Video and Scoreboard System Project (Project No. 7042-379-051)

DISCUSSION: The Tyson Events Center Scoreboard is more than 15 years old and near the end of its useful life. It is difficult to find replacement parts for the scoreboard due to its age. Earlier this year a section of the scoreboard went out and the estimated lead time to get a new part to repair it was 6-8 months because the replacement part is no longer being manufactured. Purchase of a new scoreboard will reduce maintenance costs and increase sponsorship dollars.

The Notice of Public Hearing was advertised on March 16, 2019 and March 23, 2019. The pub- lic hearing was held on March 25, 2019. The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by August 23, 2019

The project was bid on April 5, 2019. Two bids were received for this project. The bids are as follows:

Company City, State Base Bid ANC Sports Enterprise, LLC Harrison, NY $1,130,583.00 Daktronics, Inc. Brookings, SD $877,000.00 Engineer’s Estimate $750,000.00

The base bid, submitted by Daktronics, Inc. of Brookings, SD was almost 17% or $127,000.00 above the Engineer’s Estimate of $750,000.00. This overage was due in part to additional items added to the project scope including a section of ribbon board at the west end of the stadium seating, additional fiber optic cabling to connect to the Tyson Events Center video system, and building power infrastructure updates needed to accommodate all bidders.

FINANCIAL IMPACT: The City’s 50% share is in the project balance. Spectra is expected to enter into sponsorship agreements for the remainder of the cost of the scoreboard. The Project Number is 7042-379- 051 but the correct CIP is 379-025. The current balance is $847,201.27.

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. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Letter of Recommendation from Consultant Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO DAKTRONICS, INC. IN THE AMOUNT OF $877,000.00 FOR THE TYSON EVENTS CENTER VIDEO AND SCOREBOARD SYSTEM PROJECT (PROJECT NO. 7042-379- 051).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on April 5, 2019, for the Tyson Events Center Video and Scoreboard Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by EDA of Sioux Center, Iowa; and

WHEREAS, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the low 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 Daktronics, Inc. of Brookings, South Dakota, in the amount of $877,000.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best 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 Project Managers the value of work satisfactorily performed for the period.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

April 10, 2019

Mr. Stan

LaFave Building Maintenance Super- visor City of Sioux City 405 6th Street Sioux City, IA 51101

RE: TYSON EVENTS CENTER SCOREBOARD AND RIBBON BOARD – SIOUX CITY, IOWA ELECTRICAL BID RECOMMENDATION Dear Stan, At the bid opening for the Tyson Events Center Scoreboard and Ribbon Board which occurred on April 5, 2019, at 1:00 PM, the following bids were accepted: ANC Sports Enterprise, LLC: $1,130,583.00

Daktronics Inc:$ 877,000.00

All bidders acknowledged Addendum #1, Addendum #2, and Addendum #3 and included a Bid Bond of 10% with their bids. The low bid of $877,000 by Daktronics Inc. appeared to be in good order. It should be noted that the low bid amount was over the previous cost opinion which was pre- sented to the Sioux City City Council. Some of this overage was due to additional scope which was included in the project after the cost opinion was presented. This additional scope in- cluded the following: • Added section of ribbon board at the west end of the stadium seating. • Added fiber optic cabling to connect to the Tyson Event Center video system • Building power infrastructure updates needed to accommodate all bidders.

After a review of the bid submittals and based on EDA’s past experience with Daktronics, we recommend that the City of Sioux City award the bid to Daktronics in the amount of $877,000. Please let me know if you have any questions or concerns

Sincerely,

Andy Landman, P.E.

EDA INC Cc: File(alsl041019.L)

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 15A John Malloy, WCICC-IT Director FROM: Michelle Brown, Administrative Assistant, WCICC-IT Spero Vlahoulis, Purchasing Manager

Resolution awarding a purchase order to Integration Partners of Papillion, SUBJECT: Nebraska in the amount of $97,230.35 for the purchase of Extreme Network Switches. (Requisition 256855)

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

RECOMMENDATION: Staff respectfully requests Council approval on the purchase of Phase II Network Switch up- grade.

DISCUSSION: As part of the CIP WCICC-IT identified the need to upgrade the network infrastructure which provides the connectivity to our 71 service locations. The current Brocade switch equipment had an initial installation date starting in the spring of 2012. The Brocade company has since been acquired and its assets were divested to several companies.

In spring of 2018 WCICC-IT evaluated several switch manufacturers prior to soliciting bids. City Purchasing worked with WCICC-IT to secure bids for similar but distinct solutions from two manufacturers; Cisco and Extreme Networks. Bids required vendors to honor prices for 12 months. Phase I replacement which is now complete was approved by the Woodbury County Information and Communication Commission at the April 2018 meeting and approved by the City Council on September 17, 2018.

Phase II will allow WCICC-IT to replace an additional 35 switches. The Woodbury County In- formation and Communication Commission approved this purchase at the April 2019 meeting.

FINANCIAL IMPACT: The purchase will be split 50/50 among both City and County. Funds are available in account 301-8699-482.31-07 and projects 859041 and 859042.

RELATIONSHIP TO STRATEGIC PLAN: Relates to Health and Safety

ALTERNATIVES: City Council may approve or reject and provide direction to re-bid at their discretion.

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION AWARDING A PURCHASE ORDER TO INTEGRATION PARTNERS OF PAPILLION, NEBRASKA IN THE AMOUNT OF $97,230.35 FOR THE PURCHASE OF EXTREME NETWORK SWITCHES (REQUISITION 256855)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Integration Partners of Papillion Nebraska, in the amount of $97,230.35 for the purchase of Extreme Network switches. (Requisition 256855).

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 15B David Carney, Public Works Director FROM: Ed Pickens, Streets Superintendent Spero Vlahoulis, Purchasing Manager

Resolution awarding a purchase order to C.A.P. Recycling of Mapleton, Io- wa in the amount of $9.50 per ton for the purchase of “clean” asphalt mill- SUBJECT: ings, “clean” 1½” crushed concrete, “clean” 2” crushed concrete, “clean” 3” crushed concrete, 1½” crushed concrete, and crushed asphalt until May 13, 2020 (RFQ #256098).

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

RECOMMENDATION: Staff respectfully requests the City approve a purchase order to C.A.P. Recycling of Mapleton, Iowa in the amount of $9.50 per ton for the purchase of “clean” asphalt millings, “clean” 1½” crushed concrete, “clean” 2” crushed concrete, “clean” 3” crushed concrete, 1½” crushed con- crete, and crushed asphalt until May 13, 2020 (RFQ #256098).

DISCUSSION: “Clean” 1½”, 2”, and 3” Concrete Invitations to bid were sent to fifteen (15) vendors thought to provide “clean” 1½” crushed concrete, “clean” 2” crushed concrete, and “clean” 3” crushed concrete. City staff purchases concrete throughout the year and this price may remain in effect for two (2) additional one- year periods beyond May 13, 2020, provided both parties agree. One (1) qualifying bid was received and is as follows:

“Clean” 1½” Concrete, “Clean” 2” Crushed Concrete, and “Clean” 3” Crushed Concrete (RFQ #256098) C.A.P. Recycling Price Per Ton $9.50

“Clean” Asphalt Millings Invitations to bid were sent to fifteen (15) vendors thought to provide “clean” asphalt millings. City staff purchases asphalt throughout the year and this price may remain in effect for two (2) additional one-year periods beyond May 13, 2020, provided both parties agree. Two (2) quali- fying bids were received and are as follows:

“Clean”- Asphalt Millings (RFB #256098) C.A.P. Recycling Knife River Midwest Price Per Ton Sioux City, Iowa Sioux City, Iowa $9.50 $16.00 Price Difference from Not Applicable $6.50 Low Bid Percentage Difference Not Applicable 6.84% from Low Bid

1½” Crushed Concrete and Crushed Asphalt Invitations to bid were sent to fifteen (15) vendors thought to provide 1½” crushed concrete and crushed asphalt. Three (3) qualifying bids were received and are as follows:

C.A.P. Recycling Knife River Midwest Brett Udell Trucking Mapleton, Iowa Sioux City, Iowa Sioux City, Iowa Price Per Ton $9.50 $14.00 $16.00 for Concrete $20.00 for Asphalt Price Difference Not Applicable $5.50 $6.50 for Concrete From Low Bid $10.50 for Asphalt Percentage Dif- Not Applicable 57.89% 68.42 % for Concrete ference from 110.53% for Asphalt Low Bid

C.A.P. Recycling’s vendor address is Mapleton, Iowa however their yard is located at 3150 Rustin Street, Sioux City, Iowa 51105.

FINANCIAL IMPACT: Funds are available in account #230-5203-472.30-10, Road Use Tax, Operating Supplies.

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 C.A.P. RECY- CLING OF MAPLETON, IOWA IN THE AMOUNT OF $9.50 PER TON FOR THE PURCHASE OF “CLEAN” ASPHALT MILLINGS, “CLEAN” 1½” CRUSHED CONCRETE, “CLEAN” 2” CRUSHED CONCRETE, “CLEAN” 3” CRUSHED CONCRETE, 1½” CRUSHED CONCRETE, AND CRUSHED ASPHALT UNTIL MAY 13, 2020 (RFQ #256098).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a pur- chase order be issued to C.A.P. Recycling of Mapleton, Iowa in the amount of $9.50 per ton for the purchase of “clean” asphalt millings, “clean” 1½” crushed concrete, “clean” 2” crushed con- crete, “clean” 3” crushed concrete, 1½” crushed concrete, and crushed asphalt until May 13, 2019 (RFQ #256098).

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 15C Tom Everett, Fire Chief FROM: Jim Haden, EMS Director

Resolution awarding purchase orders to Bound Tree Medical LLC in a to- tal amount not to exceed $81,000 for the purchase of small medical SUBJECT: equipment/supplies and pharmaceuticals for the Sioux City Fire Depart- ment – Emergency Medical Services Division (Bid Nos. 256396 and 256401).

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

RECOMMENDATION: Staff respectfully requests City Council award purchase orders to Bound Tree Medical LLC, Dublin, Ohio, for the purchase of small medical equipment/supplies and pharmaceuticals for the Sioux City Fire Department – Emergency Medical Services Division (Bid Nos. 256396 and 256401) commencing May 6, 2019 and ending March 31, 2020 with the option of a 1-year ex- tension agreed upon by all parties. The original agreement with Bound Tree Medical LLC, commenced January 29, 2018 and ended March 31, 2018 pursuant to Resolution No. 2018- 0029 and was extended through March 31, 2019 pursuant to Resolution No. 2018-0237. Bound Tree Medical agreed to honor their bid prices through April 2019 or until purchase or- ders were issued.

DISCUSSION: Invitations to bid were sent to 15 companies which provide small medical equipment/supplies and pharmaceuticals. Bids were requested for 213 EMS small medical equipment/supplies items and 28 pharmaceutical items. Bound Tree Medical provided one bid that responded to all items except one. Emergency Medical Products, Inc. submitted a bid for EMS supplies and equipment in varying quantities and a bid for pharmaceuticals. Reliance Wholesale Inc. pro- vided current pricing for pharmaceuticals only and would not obligate to a set bid price. All others were No Bid even after additional attempts to request bids were made. Bound Tree Medical’s bid prices were significantly lower than the retail pricing.

Staff is requesting approval of on-line credit card purchases and purchase orders to Bound Tree Medical.

FINANCIAL IMPACT: Account #’s 101-4050-412.30-10 and 101-4050-412.31-02 General Fund, Fire, Ambulance Services, Public Safety, Operating Supplies/Operating Equipment will be used to purchase small medical equipment/supplies and pharmaceuticals.

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

ALTERNATIVES: Reject the bids.

ATTACHMENTS: Resolution EMS Medical Supplies Equipment and Pharmaceuticals EMS Pharmacy Bids

RESOLUTION NO. 2019 - ______

RESOLUTION AWARDING PURCHASE ORDERS TO BOUND TREE MEDICAL LLC IN A TOTAL AMOUNT NOT TO EXCEED $81,000 FOR THE PURCHASE OF SMALL MEDICAL EQUIPMENT/SUPPLIES AND PHARMACEUTICALS FOR THE SIOUX CITY FIRE DEPARTMENT – EMERGENCY MEDICAL SER- VICES DIVISION (BID NOS. 256396 AND 256401).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that pur- chase orders be issued to Bound Tree Medical LLC of Dublin, Ohio in a total amount not to ex- ceed $81,000 for the purchase of small medical equipment/supplies and pharmaceuticals for the Sioux City Fire Department – Emergency Medical Services Division.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

SCFR EMS Supplies - Requisition 256396 (Master List 3/2019) UOM Bound Tree EMP 1 Emesis Bags Cardboard Rim, 1000cc, Clear PK (PK of 25 EA) $ 8.96 $ 26.99 2 Emesis Bags Cardboard Rim, 1000cc, Clear CS (CS of 10 PK) $ 8.98 3 Infu-StatTM Pressure Infuser, 1000mL EA (EA) $ 6.68 4 Infu-Stat"" Pressure Infuser, 1000mL BX (BX of 5 EA) $ 6.67 5 Infu-Stat"" Pressure Infuser, 1000mL CS (CS of 25 EA) $ 6.68 $ 18.26 6 Assure° Prism Multi Blood Glucose Meter, 20-600mg/dL Meter Range EA (EA) $ 6.13 $ 26.96 7 Ammonia Inhalants Ampule, Unit Dose, 0.33cc BX (BX of 10 EA) $ 2.09 $ 2.66 8 AirLife® Sterile Water Solution For Irrigation, 100mL CS (CS of 25 EA) $ 20.23 No Bid 9 Gallant Preparation Razors, Platinum Coated Stainless Steel Blade BX (BX of 50 EA) $ 0.34 10 Gallant Preparation Razors, Platinum Coated Stainless Steel Blade CS (CS of 250 EA) $ 0.34 $ 0.51 11 Medi-Trace"' Physio-Control EKG Paper, 4.19in x 73ft RL (RL) $ 3.86 $ 3.05 12 Medi-Trace"' Physio-Control EKG Paper, 4.19in x 73ft CS (CS of 18 RL) $ 3.88 13 Assure° Prism Multi Control Solution BX (BX) $ 9.92 $ 13.05 14 Assure° Prism Multi Blood Glucose Test Strips BX (BX of 50 EA) $ 9.35 $ 14.36 15 Assure° Lance Fixed Depth Safety Lancet, Dark Green, 21ga x 1.8mm D BX (BX of 100 EA) $ 8.06 $ 14.39 16 Jackson Safety Nemesis V30 Safety Glasses, Clear Anti Fog Lens, Universal, Polycarbonate Lenses BX (BX of 12 EA) $ 3.30 $ 4.28 17 AdtempTh' Tympanic Probe Covers for AdtempTM 424 Ear Thermometer PK (PK of 40 EA) $ 27.68 $ 5.18 18 MedicutTM EMT Shears, 7-1/4in, Red EA (EA) $ 1.86 $ 1.44 19 Edge SystemTM Quik Combo° RTS Electrodes, Pediatric, 10.2cm x 8.9cm PR (PR) $ 29.76 $ 45.26 20 Kendall"' Medi-Trace® 135 Series Foam Electrodes, Pediatric, 1-1/4in Diameter Size PK (PK of 5 EA) $ 0.61 21 Kendall'" Medi-Trace® 135 Series Foam Electrodes, Pediatric, 1-1/4in Diameter Size CS (CS of 120 PK) $ 0.61 $ 0.53 22 Edge SystemTM Quik Combo° Electrodes, Adult, 24in L Leadwire PR (PR) $ 24.51 $ 41.48 23 Edge System"' Quik Combo° Electrodes, Adult, 24in L Leadwire BX (BX of 10 PR) $ 24.86 24 Edge System."' Quik Combo° Electrodes, Adult, 24in L Leadwire CS (CS of 50 PR) $ 24.76 25 Kendall"' Medi-Trace® 530 Series Foam Electrodes, Adult, 1-3/16in Diameter Size PK (PK of 30 EA) $ 4.42 $ 6.65 26 KendallTM Medi-Trace® 530 Series Foam Electrodes, Adult, 1-3/16in Diameter Size CS (CS of 20 PK) $ 4.37 $ 6.65 27 FilterLine® Set CO2 Sampling Line, Adult/Pediatric EA (EA) $ 6.97 $ 10.52 28 FilterLine® Set CO2 Sampling Line, Adult/Pediatric BX (BX of 100 EA) $ 6.99 $ 10.52 29 Smart CapnoLine° Plus Disposable CO2 Sampling Line with 02 Tubing, Adult/Intermediate EA (EA) $ 8.84 $ 11.69 30 Smart CapnoLine° Plus Disposable CO2 Sampling Line with 02 Tubing, Adult/Intermediate BX (BX of 100 EA) $ 8.95 $ 11.69 31 Masimo SET° LNCS® Adhesive Sensor, Infant EA (EA) $ 18.48 $ 29.25 32 Masimo SET° LNCS° Adhesive Sensor, Infant BX (BX of 20 EA) $ 18.27 33 Masimo SET° M-LNCS"" Adhesive Sensor, Infant EA (EA) $ 18.46 34 Masimo SET° M-LNCS"' Adhesive Sensor, Infant BX (BX of 20 EA) $ 18.19 35 Jamshidi Intraosseous (10) Needle, 18ga x 1-1/2in, Adjustable Depth Spacer EA (EA) $ 8.36 $ 13.82 36 Jamshidi Intraosseous (10) Needle, 18ga x 1-1/2in, Adjustable Depth Spacer CS (CS of 10 EA) $ 8.23 37 Carpuject Holder EA (EA) $ 0.01 $ 0.68 38 MAD Nasal"' Intranasal Mucosal Atomization Device without Syringe BX (BX of 25 EA) $ 7.16 $ 7.19 Page 2 SCFR EMS Supplies - Requisition 256396 (Master List 3/2019) UOM Bound Tree EMP 39 Omnifix° Luer Lock Tip Syringe without Needle, 20mL BX (BX of 100 EA) $ 0.22 $ 0.64 40 Omnifix° Luer Lock Tip Syringe without Needle, 20mL CS (CS of 800 EA) $ 0.22 41 Omnifix° Luer Lock Tip Syringe without Needle, 10mL BX (BX of 100 EA) $ 0.22 $ 0.35 42 Omnifix° Luer Lock Tip Syringe without Needle, 10mL CS (CS of 1200 EA) $ 0.23 43 Omnifix° Luer Lock Tip Syringe without Needle, 3mL BX (BX of 100 EA) $ 0.22 $ 0.11 44 Omnifix° Luer Lock Tip Syringe without Needle, 3mL CS (CS of 2400 EA) $ 0.23 45 Luer Slip Tip Tuberculin Syringe with Cap, 1mL BX (BX of 100 EA) $ 9.66 $ 13.94 46 Luer Slip Tip Tuberculin Syringe with Cap, 1mL CS (CS of 10 BX) $ 9.66 47 Alcohol Prep Pad, Sterile, Medium BX (BX of 200 EA) $ 1.34 $ 2.64 48 Alcohol Prep Pad, Sterile, Medium CS (CS of 20 BX) $ 1.34 49 IV Guard IV Dressing, Breathable Foam Dressing BX (BX of 100 EA) $ 17.98 $ 32.39 50 IV Guard IV Dressing, Breathable Foam Dressing CS (CS of 5 BX) $ 18.07 51 Self-adhering Cohesive Bandage, Blue, 3in x 5yd CS (CS of 144 EA) $ 0.58 $ 1.44 52 Pre-filled Flush Syringes with 0.9% Sodium Chloride, 10mL Fill in 12mL BX (BX of 100 EA) $ 19.10 $ 98.00 53 Pre-filled Flush Syringes with 0.9% Sodium Chloride, 10mL Fill in 12mL CS (CS of 400 EA) $ 18.86 54 Select Extension Set, 8in, Luer Locking Site, 1.2mL Priming Volume CS (CS of 50 EA) $ 0.78 $ 1.43 55 SafetyGlideTM Sliding Safety Hypodermic Needle, 18ga x 1-1/2in BX (BX of 50 EA) $ 0.31 $ 0.11 56 SafetyGlideTM Sliding Safety Hypodermic Needle, 18ga x 1-1/2in CS (CS of 500 EA) $ 0.31 57 SafetyGlide.'" Sliding Safety Hypodermic Needle, 23ga x lin CS (CS of 500 EA) $ 0.31 $ 0.55 58 SafetyGlideTM Shielding Hypodermic Needle, 25ga x 5/8in BX (BX of 50 EA) $ 0.31 $ 0.55 59 SafetyGlide" Shielding Hypodermic Needle, 25ga x 5/8in CS (CS of 10 BX) $ 0.31 $ 0.55 60 Monoject" Filter Needle, 20ga x 1-1/2in L, with Polypropylene Hub BX (BX of 100 EA) $ 29.08 $ 34.19 61 MonojectT" Filter Needle, 20ga x 1-1/2in L, with Polypropylene Hub CS (CS of 10 BX) $ 29.34 62 Curaplex Tourniquet, Blue BG (BG of 250 EA) $ 19.48 $ 29.24 63 Curaplex Tourniquet, Blue CS (CS of 2 BG) $ 19.55 64 AngiocathTM FEP Polymer Peripheral Venous IV Catheter, 14ga x 3.25in L, Orange EA (EA) $ 5.21 $ 20.25 65 AngiocathTM FEP Polymer Peripheral Venous IV Catheter, 14ga x 3.25in L, Orange CS (CS of 50 EA) $ 5.16 66 InsyteT" AutoguardTM VialonTM Biomaterial Shielded IV Catheter, 16ga x 1.16in L, Gray BX (BX of 50 EA) $ 2.40 $ 3.11 67 Insyte" Autoguard" Vialon" Biomaterial Shielded IV Catheter, 16ga x 1.16in L, Gray CS (CS of 200 EA) $ 2.38 $ 3.11 68 InsyteTM Autoguard" Vialon" Biomaterial Shielded IV Catheter, 18ga x 1.16in L, Green BX (BX of 50 EA) $ 2.01 $ 3.11 69 InsyteTM AutoguardTM VialonTM Biomaterial Shielded IV Catheter, 18ga x 1.16in L, Green CS (CS of 200 EA) $ 2.04 $ 3.11 70 InsyteT'4 Autoguard" Vialon" Biomaterial Shielded IV Catheter, 20ga x 1.16in L, Pink BX (BX of 50 EA) $ 2.30 $ 3.11 71 InsyteTM Autoguard" Vialon" Biomaterial Shielded IV Catheter, 20ga x 1.16in L, Pink CS (CS of 200 EA) $ 2.29 $ 3.11 72 Insyte" AutoguardTM VialonTM Biomaterial Shielded IV Catheter, 22ga x lin L, Blue BX (BX of 50 EA) $ 2.02 $ 3.11 73 Insyte" AutoguardTM VialonTm Biomaterial Shielded IV Catheter, 22ga x lin L, Blue CS (CS of 200 EA) $ 2.01 $ 3.11 74 Insyte" AutoguardTM Vialon" Biomaterial Shielded IV Catheter, 24ga x 0.75in L, Yellow BX (BX of 50 EA) $ 2.27 $ 3.11 75 Insyte" Autoguard" Vialon" Biomaterial Shielded IV Catheter, 24ga x 0.75in L, Yellow CS (CS of 200 EA) $ 2.29 $ 3.11 76 Whin Safe° Huber Needle Set with Needle-free Injection Site, 20ga x 3/4in L, 0.7mL Priming Volume CS (CS of 100 EA) $ 593.73 Page 3 SCFR EMS Supplies - Requisition 256396 (Master List 3/2019) UOM Bound Tree EMP 77 Whin Safe® Huber Needle Set, 20ga x 1in L, 0.23mL Priming Volume BX (BX of 25 EA) $ 5.47 78 Whin Safe® Huber Needle Set, 20ga x 1in L, 0.23mL Priming Volume CS (CS of 100 EA) $ 5.45 79 Select IV Admin Set, 15mL Priming Volume, 60 Drop CS (CS of 50 EA) $ 0.99 $ 1.79 80 Select IV Admin Set, 16mL Priming Volume, 10 Drop CS (CS of 50 EA) $ 0.98 $ 2.48 81 0.9% Sodium Chloride, 500m1 Bag CS (CS of 24 EA) $ 4.18 $ 4.40 82 IV Solution, Sodium Chloride 0.9%, 1000ML Bag CS (CS of 14 EA) $ 4.87 $ 4.49 83 N10® Intraosseous Device, 15ga, Adult EA (EA) $ 90.71 $ 112.49 84 N10® Intraosseous Device, 15ga, Adult BX (BX of 12 EA) $ 91.01 85 N10® Intraosseous Device, 18ga, Pediatric EA (EA) $ 91.27 $ 112.49 86 N10® Intraosseous Device, 18ga, Pediatric BX (BX of 12 EA) $ 90.85 87 PDI Super Sani-Cloth Alcohol Disposable Wipes, XL, 7-1/2in x 15in TB (TB of 65 EA) $ 7.21 $ 7.79 88 PDI Super Sani-Cloth Alcohol Disposable Wipes, XL, 7-1/2in x 15in CS (CS of 6 TB) $ 7.23 89 VioNee" Antiseptic Towelettes, 5in x Tin BX (BX of 50 EA) $ 1.70 $ 14.00 90 VioNexTM Antiseptic Towelettes, 5in x 7in CS (CS of 10 BX) $ 1.69 91 Body Bag with ID Tags, White EA (EA) $ 15.00 $ 12.14 92 Body Bag with ID Tags, White CS (CS of 10 EA) $ 14.79 93 Chlorine-free Non-vinyl Heavy Duty Body Bag with Envelope Zipper and 6 Handle, Adult, Silver, 96in L x 36in W EA (EA) $ 39.40 94 Chlorine-free Non-vinyl Heavy Duty Body Bag with Envelope Zipper and 6 Handle, Adult, Silver, 96in L x 36in W CS (CS of 10 EA) $ 39.48 95 Curaplex® Sharps Container, Flip, 1 Quart EA (EA) $ 1.03 96 Curaplex® Sharps Container, Flip, 1 Quart CS (CS of 72 EA) $ 1.08 $ 3.86 97 Instant Head Immobilizer, Adult CS (CS of 20 EA) $ 3.10 $ 5.45 98 Extrication Collar, Adult, 8 Settings CS (CS of 30 EA) $ 3.66 $ 7.64 99 Extrication Collar, Mni, 6 Settings CS (CS of 30 EA) $ 3.72 $ 7.64 100 Patient Transporter, 1800lb Capacity, 14 Handles EA (EA) $ 13.27 101 Patient Transporter, 1800Ib Capacity, 14 Handles CS (CS of 10 EA) $ 13.30 $ 20.06 102 Porous Duct Tape, Red, 60yd L x 2in W RL (RL) $ 5.90 103 Porous Duct Tape, Red, 60yd L x 2in W CS (CS of 24 RL) $ 5.90 104 Multi-purpose Trauma Dressing, 12in x 30in CS (CS of 25 EA) $ 1.05 $ 1.67 105 *Limited Quantity* Triangular Bandages, Polypropylene, 40in x 40in x 56in CS (CS of 240 EA) $ 0.20 $ 0.32 106 Curaplex Fluff Bandage, Sterile CS (CS of 100 RL) $ 0.54 $ 0.96 107 Vaseline Petrolatum Gauze Strip, 3in x 9in EA (EA) $ 0.68 $ 0.41 108 Vaseline Petrolatum Gauze Strip, 3in x 9in CS (CS of 200 EA) $ 0.68 109 Curitr Flexible Adhesive Bandage, 3/4in x 3in BX (BX of 50 EA) $ 1.30 $ 1.26 110 CurityTM Flexible Adhesive Bandage, 3/4in x 3in CS (CS of 24 BX) $ 1.30 111 QuikClot EMS Rolled Gauze, 3in x 4ft EA (EA) $ 14.75 $ 20.69 112 Burn Sheet, 60in x 90in EA (EA) $ 1.89 $ 3.59 113 Burn Sheet, 60in x 90in CS (CS of 50 EA) $ 1.91 114 Sterile ABD Pad, White, Non-Woven, 5in L x 9in W BX (BX of 25 EA) $ 2.89 $ 2.69 Page 4 SCFR EMS Supplies - Requisition 256396 (Master List 3/2019) UOM Bound Tree EMP 115 Sterile ABD Pad, White, Non-Woven, 5in L x 9in W CS (CS of 16 BX) $ 2.89 116 Aluminum/Foam Emergency Limb Splint, Orange/Blue, Roll EA (EA) $ 4.92 $ 9.26 117 Aluminum/Foam Emergency Limb Splint, Orange/Blue, Roll CS (CS of 60 EA) $ 4.97 118 Cold Pack, Large CS (CS of 24 EA) $ 0.32 $ 1.61 119 Curaplex Hot Pack, Large CS (CS of 50 EA) $ 0.33 $ 31.50 120 OB Kit with Umbilical Scissors, Poly Bagged, Latex-Free EA (EA) $ 11.31 $ 16.73 121 GreenLine®/D"' Handle, Medium EA (EA) $ 8.03 $ 58.37 122 GreenLine®/DT" Handle, Penlite EA (EA) $ 44.93 $ 61.37 123 Polished Stainless Steel Magill Catheter Forceps, Child, 8in L EA (EA) $ 3.56 $ 4.94 124 Polished Stainless Steel Magill Catheter Forceps, Child, 8in L BX (BX of 12 EA) $ 3.56 125 Polished Stainless Steel Magill Catheter Forceps, Adult EA (EA) $ 3.55 $ 4.94 126 Polished Stainless Steel Magill Catheter Forceps, Adult BX (BX of 12 EA) $ 3.53 127 Select Greenline/D FO Macintosh Laryngoscope Blade, Infant, Size 1 EA (EA) $ 3.60 $ 5.27 128 Select Greenline/D FO Macintosh Laryngoscope Blade, infant, Size 1 CS (CS of 20 EA) $ 3.57 129 Select Greenline/D FO Macintosh Laryngoscope Blade, Child, Size 2 EA (EA) $ 3.54 $ 5.27 130 Select Greenline/D FO Macintosh Laryngoscope Blade, Child, Size 2 CS (CS of 20 EA) $ 3.61 131 Select Greenline/D FO Macintosh Laryngoscope Blade, Med Adult, Size 3 EA (EA) $ 3.58 $ 5.27 132 Select Greenline/D FO Macintosh Laryngoscope Blade, Med Adult, Size 3 CS (CS of 20 EA) $ 3.53 133 Select Greenline/D FO Macintosh Laryngoscope Blade, LG Adult, Size 4 EA (EA) $ 3.57 $ 5.27 134 Select Greenline/D FO Macintosh Laryngoscope Blade, LG Adult, Size 4 CS (CS of 20 EA) $ 3.59 135 Select Greenline/D F/O Miller Laryngoscope Blade, Neo-natal, Size 0 EA (EA) $ 3.59 $ 5.27 136 Select Greenline/D F/O Miller Laryngoscope Blade, Neo-natal, Size 0 CS (CS of 20 EA) $ 3.56 137 Select Greenline/D F/O Miller Laryngoscope Blade, Infant, Size 1 EA (EA) $ 3.61 $ 5.27 138 Select Greenline/D F/O Miller Laryngoscope Blade, Infant, Size 1 CS (CS of 20 EA) $ 3.54 139 Select Greenline/D F/O Miller Laryngoscope Blade, Child, Size 2 EA (EA) $ 3.00 $ 5.27 140 Select Greenline/D F/O Miller Laryngoscope Blade, Child, Size 2 CS (CS of 20 EA) $ 56.00 141 Select Greenline/D F/O Miller Laryngoscope Blade, MED Adult, Size 3 EA (EA) $ 3.55 $ 5.27 142 Select Greenline/D F/O Miller Laryngoscope Blade, MED Adult, Size 3 CS (CS of 20 EA) $ 3.61 143 Select Greenline/D F/O Miller Laryngoscope Blade, LG Adult, Size 4 EA (EA) $ 3.55 $ 5.27 144 Select Greenline/D F/O Miller Laryngoscope Blade, LG Adult, Size 4 CS (CS of 20 EA) $ 3.57 145 Endotracheal Tube Introducer, Adult, 15fr x 70cm, Coude Tip EA (EA) $ 4.31 $ 6.92 146 Endotracheal Tube Introducer, Adult, 15fr x 70cm, Coude Tip PK (PK of 10 EA) $ 4.31 147 Uncuffed Endotracheal Tubes with Stylet, 2.5mm BX (BX of 10 EA) $ 1.20 $ 2.42 148 Uncuffed Endotracheal Tubes with Stylet, 2.5mm CS (CS of 100 EA) $ 1.22 149 Uncuffed Endotracheal Tubes with Stylet, 3mm Size BX (BX of 10 EA) $ 1.40 $ 2.42 150 Uncuffed Endotracheal Tubes with Stylet, 3mm Size CS (CS of 100 EA) $ 1.42 151 Uncuffed Endotracheal Tubes with Stylet, 3.5mm Size BX (BX of 10 EA) $ 1.20 $ 2.42 152 Uncuffed Endotracheal Tubes with Stylet, 3.5mm Size CS (CS of 100 EA) $ 1.20 Page 5 SCFR EMS Supplies - Requisition 256396 (Master List 3/2019) UOM Bound Tree EMP 153 Uncuffed Endotracheal Tubes with Stylet, 4mm Size BX (BX of 10 EA) $ 1.40 $ 2.42 154 Uncuffed Endotracheal Tubes with Stylet, 4mm Size CS (CS of 100 EA) $ 1.41 155 Uncuffed Endotracheal Tubes with Stylet, 4.5mm Size BX (BX of 10 EA) $ 1.22 $ 2.42 156 Uncuffed Endotracheal Tubes with Stylet, 4.5mm Size CS (CS of 100 EA) $ 1.22 157 Uncuffed Endotracheal Tubes with Stylet, 5mm Size BX (BX of 10 EA) $ 1.41 $ 2.42 158 Uncuffed Endotracheal Tubes with Stylet, 5mm Size CS (CS of 100 EA) $ 1.41 159 King LTS-D" Supraglottic Airway Kit, Size 3 EA (EA) $ 31.62 $ 42.83 160 King LTS-D' Supraglottic Airway Kit, Size 3 CS (CS of 5 EA) $ 31.50 161 King LTS-DT" Supraglottic Airway Kit, Size 4 EA (EA) $ 31.59 $ 42.83 162 King LTS-D" Supraglottic Airway Kit, Size 4 CS (CS of 5 EA) $ 31.22 163 King LTS-D" Supraglottic Airway Kit, Size 5 EA (EA) $ 31.26 $ 42.83 164 King LTS-D" Supraglottic Airway Kit, Size 5 CS (CS of 5 EA) $ 31.28 165 Lubricating Jelly, 2.7g, Clear BX (BX of 144 EA) $ 9.05 $ 10.16 166 Lubricating Jelly, 2.7g, Clear CS (CS of 12 BX) $ 9.13 167 Cuffed Endotracheal Tube with Stylet, 5.5mm Size BX (BX of 10 EA) $ 1.39 $ 2.60 168 Cuffed Endotracheal Tube with Stylet, 5.5mm Size CS (CS of 100 EA) $ 1.39 169 Cuffed Endotracheal Tube with Stylet, 6mm Size BX (BX of 10 EA) $ 1.41 $ 2.60 170 Cuffed Endotracheal Tube with Stylet, 6mm Size CS (CS of 100 EA) $ 1.42 171 Cuffed Endotracheal Tube with Stylet, 6.5mm Size BX (BX of 10 EA) $ 1.40 $ 2.60 172 Cuffed Endotracheal Tube with Stylet, 6.5mm Size CS (CS of 100 EA) $ 1.41 173 Cuffed Endotracheal Tube with Stylet, 7mm Size BX (BX of 10 EA) $ 1.41 $ 2.60 174 Cuffed Endotracheal Tube with Stylet, 7mm Size CS (CS of 100 EA) $ 1.42 175 Cuffed Endotracheal Tube with Stylet, 7.5mm Size BX (BX of 10 EA) $ 1.41 $ 2.60 176 Cuffed Endotracheal Tube with Stylet, 7.5mm Size CS (CS of 100 EA) $ 1.42 177 Cuffed Endotracheal Tube with Stylet, 8mm Size BX (BX of 10 EA) $ 1.42 $ 2.60 178 Cuffed Endotracheal Tube with Stylet, 8mm Size CS (CS of 100 EA) $ 1.42 179 Thomas Select ET Tube Holder, Adult PK (PK of 25 EA) $ 3.42 $ 4.49 180 Suction Canister With Tubing, 300mL EA (EA) $ 14.32 $ 14.04 181 *Discontinued* Colored Berman Airways, 40mm, Pink PK (PK of 5 EA) $ 0.27 $ 0.27 182 *Discontinued* Colored Berman Airways, 50mm, Blue PK (PK of 5 EA) $ 1.63 $ 0.27 183 *Limited Quantity* Colored Berman Airways, 70mm, White PK (PK of 5 EA) $ 0.52 $ 0.27 184 *Discontinued* Colored Berman Airways, 100mm, Red PK (PK of 5 EA) $ 0.27 $ 0.27 185 Nasopharyngeal Airway, 22FR, Neoprene, Robertazzi Style, Sterile, Single-Patient Use BX (BX of 10 EA) $ 6.64 $ 2.93 186 Nasopharyngeal Airway, 26FR, Neoprene, Robertazzi Style, Sterile, Single-Patient Use BX (BX of 10 EA) $ 3.75 $ 2.93 187 Nasopharyngeal Airway, 28FR, Neoprene, Robertazzi Style, Sterile, Single-Patient Use BX (BX of 10 EA) $ 3.73 $ 2.93 188 Nasopharyngeal Airway, 30FR, Neoprene, Robertazzi Style, Sterile, Single-Patient Use BX (BX of 10 EA) $ 6.51 $ 2.93 189 Nasopharyngeal Airway, 32FR, Neoprene, Robertazzi Style, Sterile, Single-Patient Use BX (BX of 10 EA) $ 6.55 $ 2.93 190 Laryngoscope Roll-Up Case, Royal EA (EA) $ 11.77 $ 16.16 Page 6 SCFR EMS Supplies - Requisition 256396 (Master List 3/2019) UOM Bound Tree EMP 191 EMS Intubation Pouch, 13in x 9in x 3.5in, Blue/Orange EA (EA) $ 100.31 192 Pneupac® Disposable Patient Circuit Kit with Exhaust Collect and PEEP Valve EA (EA) $ 18.12 $ 27.50 193 Pneupac® Disposable Patient Circuit Kit with Exhaust Collect and PEEP Valve PK (PK of 10 EA) $ 17.75 194 GO-PAP Disposable Emergency CPAP Device, Adult Medium, With Nebulization Canister EA (EA) $ 37.99 $ 81.89 195 GO-PAP Disposable Emergency CPAP Device, Adult Medium, With Nebulization Canister CS (CS of 10 EA) $ 38.25 196 BiTrac EDTM Mask and Head Strap, Adult Large EA (EA) $ 19.34 $ 33.56 197 BiTrac EDTM Mask and Head Strap, Adult Large CS (CS of 10 EA) $ 9.12 198 AirLife® Misty Max 10 Medication Nebulizer, 10cc, With FlexTube Mouthpiece Baffled Tee Adapter Tubing CS (CS of 50 EA) $ 0.87 $ 1.40 199 Nasal Cannulas, Adult CS (CS of 50 EA) $ 0.23 $ 0.41 200 Aerosol Masks with Elastic Strap, Adult CS (CS of 50 EA) $ 0.54 $ 0.71 201 Total Non-Rebreathing Mask, Without Vent, Adult, Soft Vinyl, Clear CS (CS of 50 EA) $ 0.67 $ 1.25 202 Connecting Suction Tubing, Sterile, 1/4 ID x 72in L CS (CS of 50 EA) $ 0.59 $ 0.89 203 Suction Catheter, SSCOR DuCanto Catheter CS (CS of 40 EA) $ 1.92 $ 2.16 204 Curaplex Suction Catheter, 14fr EA (EA) $ 0.16 $ 0.29 205 Curaplex Suction Catheter, 14fr CS (CS of 50 EA) $ 0.16 206 Neotech Meconium Aspirator, Clear BX (BX of 40 EA) $ 4.50 $ 5.48 207 ArgyleT" Levin Type Stomach Tube, 18fr x 48in L, Clear EA (EA) $ 2.72 $ 1.43 208 Argyle"" Levin Type Stomach Tube, 18fr x 48in L, Clear CS (CS of 50 EA) $ 2.67 $ 1.43 209 Oxygen Mask, Pediatric, Non-rebreather, 7ft Tube Length, Elongated CS (CS of 50 EA) $ 0.67 210 Aerosol Masks with Elastic Strap, Pediatric CS (CS of 50 EA) $ 0.60 $ 0.98 211 Medi-Vac® Guardian"' Disposable Hard Suction Canister, 1200mL CS (CS of 40 EA) $ _ 1.83 $ 4.28 212 Spur® II Pediatric Resuscitators W/Bag Reservoir, Neo, Infant and Toddler Masks, HEPA Filter CS (CS of 6 ST) $ 15.23 $ 27.26 213 SPUR® II Resuscitator with Bag Reservoir, Adult, Medium Mask, Individually Bagged CS (CS of 12 EA) $ 8.79 $ 25.01 SCFR EMS Division Pharmaceuticals (List Updated 3-14-2019)

Medication Dose Packaging NDC # Bound Tree EMP Reliance

Adenosine 6mg 2mI vial 55154-1279 $ 2.35 $ 7.46 Albuterol 2.5mg Individually wrapped 76204-200 $ 5.34 $ 13.46/box Amiodarone 150mg 3m1 vial 63323-616-03 $ 1.71 $ 3.77 Atropine 1mg 10m1 prefilled syringe 0074-4911-33 $ 10.86 $ 7.91 $298/pack Brilinta 90mg tablet, individually wrapped foil pouch 0186-0777-39 $ 408.19 Dextrose 50% 25gm Prefilled syringe 0409-7517-16 $ 12.05 $ 12.50 $349/pack Diphenhydramine 50mg 1mIvial 0641-0376-21 $ 1.20 $ 1.79 $ 89.00 Epinephrine 1:1,000 1mg 1ml ampule 54288-103-01 $ 13.11 $ 19.34 Epinephrine 1-10,000 1mg 10m1 prefilled syringe 0409-4921-34 $ 7.30 $ 8.09 Fentanyl 100 mcg 2m1 vial 0641-6027-01 $ 32.30 $ 69.29/box Glucagon kit 1mg Kit with 1mISterile H2O for injection 63323-596-13 $ 182.17 $ 242.96 Glutose Paste 37.5 Grams Package of 3 0574-0069 $ 3.99 $ 11.84/pkg $ 59.00 Haloperidol 5mg 1mIvial 50458-255-01 $ 7.45 $ 11.66 $ 69.00 DuoNeb 0.5mg/3mg Individually wrapped 0487-0201-01 $ 0.36 $ 1.76 Ketamine /ml vial 500mg 10mI vial 0143-9508-01 $ 4.90 $140.36/box Lidocaine 2% prefilled syringe 76329-3390-1 $ 3.00 $ 4.31 Lipitor 80mg tablet, individually wrapped foil pouch 55154-4983-0 Magnesium Sulfate 50% 1gm 2m1 vial 63323--064-02 $ 1.95 $ 3.41 Midazolam 10mg 2m1 vial 0409-2308-50 $ 14.10 $ 40.22/box Naloxone 2mg 2m1 prefilled syringe 76329-3369-1 $ 34.26 $ 44.99 Nitrostat 0.4mg SL tablets, 25/bot 0071-0418-13 $ 38.01 $ 39.86 Quelicin 200mg 10mI vial 00409-6629-02 $ 72.35 $ 31.49 Zofran 4mg 2m1 vial 0641-6078-25 $ 0.50 $ 2.24 $ 99.00 Tranexamic Acid 1000mg 10 ml vial 42192-0605-10 $ 8.20 $ 29.24 Ketorolac 30mg 1m1 vial 00409-3795-01 $ 1.62 $ 3.77 $ 149.00 Aspirin 81mg chewable tabs, 36/bottle 57896-911-36 $ 0.72 $ 1.25 Sodium Bicarbonate 8.4% 10m1 prefilled syringe 76329-3352-01 $ 12.13 $ 16.97 $ 339.00 Calcium Chloride 1gm 10m1 prefilled syringe 76329-3304-01 $ 10.82 $ 12.14 $ 295.00

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 16 Lisa McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

Applications for Cigarette, Tobacco, Nicotine, and/or Vapor Permit

A. OVER-THE-COUNTER 1. 75 Pronto Express, 1800 N U.S. Highway 75 (Renewal) 2. Blue Ribbon Tap, 415 Pearl Street (Renewal) 3. Central Mart, 1203 Tri View Avenue (Renewal) 4. Central Mart, 2501 Floyd Boulevard (Renewal) 5. Chasing Clouds Vape, 3208 Singing Hills Boulevard (Renewal) 6. Cubby’s Sioux City, 4200 South York Street (Renewal) 7. Dollar General Store No. 405, 3908 Floyd Boulevard (Renewal) 8. Dollar General Store No. 2900, 1936 Riverside Boulevard (Renewal) 9. Dollar General Store No. 2936, 2500 Glenn Avenue (Renewal) 10. Dollar General Store No. 3009, 2528 Myrtle Street (Renewal) 11. Dollar General Store No. 5857, 5977 East Gordon Drive (Renewal) 12. Dollar General Store No. 5881, 1030 Riverside Boulevard (Renewal) 13. Downtown Liquor, 1203 5th Street (Renewal) 14. East End Car Wash, 5401 Morningside Avenue (Renewal) 15. Family Dollar No. 25720, 2200 Riverside Boulevard (Renewal) 16. Fleet Farm, 5858 Sunnybrook Drive (Renewal) SUBJECT: 17. Fleet Farm Fuel, 5860 Sunnybrook Drive (Renewal) 18. Golf Shop at Green Valley, 4300 Donner Avenue (Renewal) 19. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (Renewal) 20. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) 21. Hy-Vee Food Store No. 2, 4500 Sergeant Road (Renewal) 22. Hy-Vee Food Store No. 3, 3301 Gordon Drive (Renewal) 23. Hy-Vee Gas No. 1, 2801 Hamilton Boulevard (Renewal) 24. Hy-Vee Gas No. 2, 4450 Sergeant Road (Renewal) 25. Hy-Vee Gas No. 3, 3333 Gordon Drive (Renewal) 26. Hy-Vee Mainstreet, 2611 Pierce Street (Renewal) 27. Jim’s Lounge, 4505 Stone Avenue (Renewal) 28. K and K Quick Corner, 1401 Court Street (Renewal) 29. La Plazita Latina, 1300 West 4th Street (Renewal) 30. Laurence’s Market, 2020 27th Street (Renewal) 31. Love’s Travel Stop No. 479, 2525 Singing Hills Boulevard (Renewal) 32. Murphy USA No. 6843, 3420 Singing Hills Boulevard (Renewal) 33. Murphy USA No. 6921, 3115 Floyd Boulevard (Renewal) 34. Paxton Tap, 2110 South Paxton Street (Renewal) 35. Pilot Travel Center No. 594, 2815 Singing Hills Boulevard (Renewal) 36. Sam’s Club No. 6432, 4201 York Street (Renewal)

37. Sam’s Mini Mart, 923 West 7th Street (Renewal) 38. Sam’s Mini Mart, 4218 Morningside Avenue (Renewal) 39. Sarg’s Mini Mart, 1545 Indian Hills Drive (Renewal) 40. Sarg’s Mini Mart, 2329 West 2nd Street (Renewal) 41. Sarg’s Mini Mart, 3407 Glenn Avenue (Renewal) 42. Select Mart, 623 14th Street (Renewal) 43. Select Mart, 2825 Gordon Drive (Renewal) 44. Spencer Gifts, 4400 Sergeant Road No. 522 (Renewal) 45. Tobacco Hut No. 11, 4523 Morningside Avenue (Renewal) 46. Tobacco Hut No. 12, 1900 27th Street Sarg’s Mini Mart, 1545 Indian Hills Drive (Renewal) 47. Vi E-Cig and Vape Lounge, 3407 Singing Hills Boulevard (Renewal) 48. Wal-Mart No. 1361, 3400 Singing Hills Boulevard (Renewal) 49. Wal-Mart No. 3590, 3101 Floyd Boulevard (Renewal)

B. VENDING MACHINE 1. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (Renewal)

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

RECOMMENDATION: Staff respectfully requests and recommends approval of the above Cigarette, Tobacco, Nico- tine, and/or Vapor Permit.

DISCUSSION: The City Clerk’s Office is required by the Iowa Department of Revenue to assist them by pro- cessing applications for Cigarette, Tobacco, Nicotine, Vapor Permits from businesses within the Sioux City limits. City Clerk’s Office receives the application and collects the annual $100 permit fee; the application is emailed to the Iowa Alcoholic Beverage Division and we then issue a permit to the business. The retailer is required to post the permit in their establishment where the sale is to be made in plain view of the public.

FINANCIAL IMPACT: All fees collected stay with the issuing authority; revenue collected in FY2018 totaled $10,600.00.

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 fa- cilities.

ALTERNATIVES: Council may, at their discretion, vote for approval or deny the application for a Cigarette, To- bacco, Nicotine, Vapor Permit, however, if the permits is denied the Iowa Alcoholic Beverage Division has the authority to override the Council decision and issue the permit.

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 17 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

Applications for Beer and Liquor Licenses

A. ON-PREMISE SALES 1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry-out) a. Stoney Creek Inn of Sioux City, 300 3rd Street (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) a. Blue Ribbon Tap and Pearl’s Wine and Booze, 415-417 Pearl Street (Renewal) b. Firehouse Bar, 1211 5th Street (Temporary Outdoor Service for Awesome Biker Nights, June 7-9, 2019) c. Firehouse Bar, 1211 5th Street (Temporary Outdoor Service for Gay Pride Event, May 31-June 2, 2019) d. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (New 5 Day License for Battery Park Concert Series, May 19-23, 2019; June 9-13, 2019; July 16-20, 2019; July 23-27, 2019) e. La Familia Nightclub, 420 Jackson Street (Renewal) f. Spectra Food Services and Hospitality, 3400 Line Drive (New 6 SUBJECT: Month License for Lewis and Clark Ball Park) g. Tav on the Ave, 914 Morningside Avenue (Renewal) h. Teasers Gentlemens Club, 1127 4th Street (New 5 Day License for Awesome Biker Nights, June 5-9, 2019) i. Trattoria Fresco, 511 4th Street (Renewal)

B. OFF PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. East End Car Wash and Detail Center, 5401 Morningside Avenue (Renewal) b. Sams Club No. 6432, 4201 South York Street (Renewal) 2. CLASS B NATIVE WINE PERMIT (Iowa wine only) a. Stoney Creek Inn of Sioux City, 300 3rd Street (Renewal) 3. CLASS C BEER PERMIT (beer/wine coolers) a. East End Car Wash and Detail Center, 5401 Morningside Avenue (Renewal) b. Sams Club No. 6432, 4201 South York Street (Renewal) 4. CLASS E LIQUOR LICENSE (liquor only) a. Sams Club No. 6432, 4201 South York Street (Renewal)

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

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

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

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

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

FINANCIAL IMPACT: The % of the local authority share of liquor license fees gathered by the State of Iowa Alco- holic Beverages Division varies from license to license; the City collected $110,156.27 in FY2018.

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 fa- cilities.

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

ATTACHMENTS: None

ART CENTER BOARD OF TRUSTEES REGULAR MEETING MINUTES April 18, 2019

A meeting of the ART CENTER BOARD OF TRUSTEES was held at 12:00 p.m., Sioux City Art Center, Gleeson Conference Room, 225 Nebraska Street, Sioux City, IA 51101.

BOARD PRESENT STAFF PRESENT OTHERS Robert Gillespie Al Harris-Fernandez, director Terri McGaffin Todd Behrens, curator Michael McTaggart, chair Kjersten Welch, recording sec’y Nan Wilson

BOARD ABSENT Gail Ament Steve Kammerer Peggy La

1. CALL OF THE ROLL Meeting was called to order at 12:02 p.m. with chair Michael McTaggart, Robert Gillespie, Terri McGaffin and Nan Wilson in attendance.

2. Reading of Minutes of February 21, 2019. Terri McGaffin made a motion to approve the minutes as written, seconded by Nan Wilson; all voting aye.

3. Financial Reports – Art Center Director Al Harris-Fernandez reported that 82 percent of the current fiscal year has lapsed, while 63 percent of the Art Center and 22 percent of the Gilchrist Learning Center budget have been expended. The expenses over $250 report was reviewed.

Terri McGaffin made a motion to accept the financial reports, seconded by Robert Gillespie; all voting aye.

4. Building and Properties Report – Various areas (curbs, concrete, lawn) on the grounds have seen damage and/or wear. Repairs are being investigated. The interior window washing has been completed in the main building. Mr. Harris-Fernandez has been working to complete the relocation of the movable painting storage system for the renovation. A press conference is scheduled for April 19 to announce the Junior League involvement in updating the Hands On! Gallery. Once the renovation project has been completed, a grand opening will be scheduled.

5. Personnel and Policies Report – Mr. Harris-Fernandez has made a request for a mid-year raise for a staff member based on increased duties and performance. He has shared addressed the updated Distracted Driving administrative policy with staff. Staff has completed the annual sexual harassment/violence in the workplace training.

6. Attendance Report – The attendance report was reviewed. Construction has been affecting visitation to the Art Center.

7. Discussion of Agenda Items for Next Meeting – No additional items were requested.

8. Other Business – The curator is researching several traveling exhibitions that are available as well as setting the exhibition schedule. Mr. Harris-Fernandez is currently teaching two of the free workshops available at the Art Center’s Gilchrist Learning Center. The Art Center Associa- tion of Sioux City budget will be presented at its May meeting. The Association has also submit- ted requests to submit grant applications to the Gilchrist Foundation and Margaret Ann Martin Everist Foundation.

9. Director’s Evaluation – Terri McGaffin made a motion at 12:37 p.m. to go into closed session in order to evaluate the Art Center director’s job performance to avoid needless and irreparable injury to his reputation as authorized by the state of Iowa code (section 2.15(i)of the Iowa State Code), seconded by Nan Wilson; all voting aye.

Board returned to open session at 1:10. The board will compile all the evaluation criterion and share with all concerned and submit to the City.

10. ADJOURNMENT

There being no further business, the meeting was adjourned at 1:12 p.m. on a motion by Terri McGaffin, seconded by Nan Wilson; all voting aye.

Respectfully submitted: Kjersten Welch, Recording Secretary

EVENTS FACILITIES AND TOURISM ADVISORY BOARD MEETING MINUTES March 1, 2019

A meeting of the EVENTS FACILITIES AND TOURISM ADVISORY BOARD was held at 12:00 p.m., at the Long Lines Family Recreation Center, 3rd Floor Conf. Room, 401 Gordon Drive, Sioux City, Iowa.

BOARD PRESENT STAFF PRESENT OTHERS Bruce Miller Robert Padmore Alex Watters, Council Member Mark Baltushis Jessica Johnson Ragen Cote, Downtown Partners Susan Unger Enzo Carannante, Spectra Barbara Sloniker Ted Cherry, North Sioux City Lila Plambeck Carol Clark, Sergeant Bluff John Meyers BOARD ABSENT Brent Brown, Sergeant Bluff Tim Bottaro Tim Seaman Jim Steele, South Sioux City Rick Motz Jeff Dooley, Dakota Dunes

CALL OF THE ROLL – Meeting was called to order by Chairman Bruce Miller.

1. Approval of February 1, 2019 Minutes: • Minutes approved on a motion by Tim Bottaro seconded by Susan Unger; all vot- ing aye.

2. Regional CVB Discussion • Plambeck and Baltushis provided the group with an update on their efforts thus far with the Regional CVB Subcommittee. In discussions with area hotels, they proposed participating hotels charge a 1% fee to hotel guests that will go toward funding the CVB. Hotels they have met with are in agreement with this fee. Ho- tels that do not wish to participate do not have to, but will not be promoted by the CVB. • Watters stated that he has had discussions with Dubuque’s CVB and their fund- ing structure is 80% from hotel/motel tax and 20% from partner- ships/contributions. • Plambeck stated that the group needed to get someone on board to start forming the organization and building the program. • Bottaro stressed that the first order of business would be to establish a formal governing board for the CVB. This board would then make decision on who to hire. Bob suggested the board hire a consultant to help form the CVB, develop job descriptions, start agreements with hotels, etc. • Miller suggested Erika Newton as a possible consultant. Steele said he could get some names of consultants with experience in creating CVBs. Miller said he would reach out to Western Iowa Tourism to see if they had consultant sugges- tions. • Bottaro asked surrounding community members in attendance to go back to their respective City Council’s and decide who they want to appoint to the Regional CVB governing board.

• Unger asked if it would be possible to reach out to Dubuque or other CVBs to see if they could provide a timeline on how it took them to create their CVB, see what documents they could share, job descriptions, etc. Watters said Council Bluffs of- fered to send him job descriptions. • Watters, Plambeck, and Johnson stated they would contact surrounding commu- nity members to see who their board representatives would be and will schedule a meeting with these individuals to begin discussions. Plambeck will contact Bot- taro for lawyer suggestion to help form the entity. • The board decided that it would meet next month with the outlying community representatives. The next meeting will be on April 5 at Unity Point St. Luke’s. Johnson will send out meeting information.

3. Adjournment The meeting was adjourned at 1:10 p.m., on a motion by Tim Bottaro, seconded by Barbara Sloniker; all voting aye.

Respectfully submitted: Jessica Johnson, Projects Management Specialist

Bruce Miller, EFTAB Board President Jessica Johnson, Projects Management Specialist

EVENTS FACILITIES AND TOURISM ADVISORY BOARD MEETING MINUTES April 5, 2019

A meeting of the EVENTS FACILITIES AND TOURISM ADVISORY BOARD was held at 12:00 p.m., at Unity Point St. Luke’s, Lower Level Board Room, 2720 Stone Park Blvd., Sioux City, Iowa.

BOARD PRESENT STAFF PRESENT OTHERS Bruce Miller Robert Padmore Anne Lee, Delta Hotel, SSC Mark Baltushis Jessica Johnson Ragen Cote, Downtown Partners Susan Unger Rick Lecy, Convention Center Rick Motz Andrew Nilges, North Sioux City Lila Plambeck Carol Clark, Sergeant Bluff John Meyers BOARD ABSENT Jessica Brownmiller, LeMars Tim Seaman Jim Steele, South Sioux City Tim Bottaro Jeff Dooley, Dakota Dunes Barbara Sloniker Enzo Carannante, Tyson Events Center Tim Savona, Tyson Events Center Erika Newton, Sioux City resident

CALL OF THE ROLL – Meeting was called to order by Chairman Bruce Miller.

4. Approval of March 1, 2019 Minutes: • Minutes approved on a motion by Bruce Miller seconded by Susan Unger; all vot- ing aye.

5. Regional CVB Discussion • Miller summarized to the group what still needs to be done to establish the Re- gional CVB and recapped the past discussions for the new members in attend- ance. • Miller stated that the EFTAB needs to get someone on board to help get the CVB off the ground. He stated that Sioux City wants the surrounding communities in- volved and as it gets formed we will learn how each community can benefit and what contributions will look like. • It was discussed that both Lila Plambeck and Erika Newton expressed an inter- ested in being the consultant for the CVB start-up. • Unger stated the group needs to find a consultant with experience in this area. Also suggested that the consultant not be eligible to be the CVB Executive Direc- tor due to it being a conflict of interest. • Miller raised the question of how the EFTAB would pay for the consultant. Pad- more stated the City of Sioux City would be willing to fund the consultant fees as part of the City’s overall annual contribution to the Regional CVB. Padmore stat- ed that Johnson had researched advertising for the consultant on Indeed. • Motz made a motion to move forward advertising for the consultant position. Un- ger seconded; all voting aye.

• Discussion followed that Johnson would set up the advertisement to run for 2 weeks. Consultant fee would be $3,000-$5,000/month DOQ. Contract length will be less than two months. Formed a hiring subcommittee to review applicants, in- terview, etc. Subcommittee volunteers: Susan Unger- Chair, Tim Seaman, An- drew Nilges, Alex Watters, Ragen Cote, Anne Lee. Johnson will form job descrip- tion and send to subcommittee for review and post the position. • Plambeck offered a Regional CVB Subcommittee Update – Talked with area communities to establish who from each community would sit on the Regional CVB Board. There was a discussion on adding more members in the future. Dis- cussed that a huge part if getting the hoteliers on board with the 1% tourism fee – confirmed that hotels are willing to do this. Plambeck discussed that MRHD might be a source of funding as well. Has an attorney lined up to finalize 501(c)6. • Cote stated that the CVB consultant could work from the Downtown Partners of- fice if needed. • Discussion on creating a new phone number for Tourism – i.e. 279-TOUR • Savona offered Spectra’s assistance with gathering information on CVBs- con- nections with over 200 CVBs across the nation

6. Adjournment The meeting was adjourned at 1:05 p.m., on a motion by John Meyers, seconded by Rick Motz; all voting aye.

Respectfully submitted: Jessica Johnson, Projects Management Specialist

Bruce Miller, EFTABoard President Jessica Johnson, Projects Management Specialist

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES MEETING MINUTES March 20, 2019

The Parking and Skywalk System Board of Trustees met at 9:00 a.m. on Wednesday, March 20, 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 Jeff Lamoreux Dave Carney, Public Works Director Alexcia Boggs, Vice Chair Dave Braunger, First Class Security Monette Harbeck Lori Pierson, ABM Parking Sam Avery Heidi Farrens, Deputy City Clerk Ragen Cote Patrick Rosacker

CALL TO ORDER

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

MINUTES

Motion by Cote, seconded by Avery, to approve the minutes of February 27, 2019; all voting aye.

REPORTS & COMMUNICATIONS

Skywalk Operations – Harbeck reported there had been a major leak at Central Bank due to a cracked pipe. The pipe has been repaired.

Parking Operations – Harbeck stated the agreement with Walker Consultants for Heritage Ramp repairs will be before the City Council on Monday, March 25th. Walker will be completing the specs for an estimated $460,000 in repairs. La Familia in Discovery Ramp had minor water damage. It appears to be leaking from an expansion joint that cannot be repaired until the weather warms up. Repairs will cost approximately $5,000-$6,000.

Downtown Informational Report – Cote reported that Downtown Live will be back in front of the Public Museum on June 1st. The Farmer’s Market will open for the season on May 1st in the Tyson Event Center parking lot at the corner of Pearl Street and Tri View Avenue. Downtown Partners is continuing to work on the addition of extra lighting on 4th street. Cote also shared the following upcoming downtown events: 04/26/2019 – Litter Dash 05/04/2019 – Bar Stool Open

ABM Parking Services Report – Pierson reported the elevator at Heritage Ramp is finally re- paired. There were numerous delays due to Kone Elevator.

Skywalk Security Update – First Class Security – Braunger stated the Warming Shelter will be closing soon. This may increase the homeless population presence in the Skywalk. Braunger

reported that a transient man entered a classroom in the School District Building and security was called. Braunger made it clear that the Police Department should be contacted for situa- tions outside the skywalk. Braunger asked if the access points need to remain open at closed businesses. Harbeck will follow up.

UNFINISHED BUSINESS

None

NEW BUSINESS

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

Parking Rates – Carney shared the recommendations of the Finance Department as follows:

Parking Meters: $1.00 per hour ($.25 increase); Overtime Parking Tickets: $10.00 ($1.00 increase)/$15 after 30 days; Snow Emergency Tickets: $50.00 ($20.00 increase); Heritage, Discovery, and Rivers Landing Ramp rates would increase to match the parking rates at the MLK Ramp: Monthly Individual $50, Monthly Group 2+ $45, Monthly Group 100+ $40; and Monthly Reserved $75. Daily max would increase to $5.25 ($4.75) and lost ticket would increase to $8.25 ($6.75).

Motion by Rosacker, seconded by Avery, to approve the recommended increases to parking rates; Avery, Harbeck, Reinders, and Rosacker voting aye; Boggs and Cote voting nay.

ADJOURNMENT

Being no further discussion, it was motioned by Reinders, seconded by Rosacker, to adjourn the meeting at 9:43 a.m.; all voting aye.

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES MEETING MINUTES April 24, 2019

The Parking and Skywalk System Board of Trustees met at 11:30 a.m. on Wednesday, April 24, 2019, in City Hall, 4th Floor Clocktower Conference Room, 405 6th Street, Sioux City, Iowa.

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

CALL TO ORDER

Reinders called the meeting to order at 11:30 a.m.

MINUTES

Motion by Rosacker, seconded by Avery, to approve the minutes of March 20, 2019; all voting aye.

REPORTS & COMMUNICATIONS

Skywalk Operations – Harbeck stated bids will be taken for the replacement of 10-13 windows. Bids will also be taken to repair HVAC units in the bridge between HOM Furniture and Rivers Landing Ramp. Harbeck reported that Fresh Start Janitorial is not fulfilling the requirements of their contract. Cancellation of the contract may be necessary with a bidding process for a new company to follow. The City Legal Department is reviewing.

Parking Operations – Harbeck stated bids will be taken for the Heritage Parking Ramp project on June 4th.

Downtown Informational Report – Cote stated that the West Middle School art display will be installed in the skywalk next week. Heelan High School is beginning their search for properties to complete their downtown art work. Cote provided a copy of the Downtown Partners annual reports. Cote also shared the following upcoming downtown events: 04/26/2019 – Litter Dash 05/04/2019 – Bar Stool Open 05/04/2019 – Farmer’s Market opens for the season 05/31/2019 – Weekly Food Truck Friday opens for the season

ABM Parking Services Report – Pierson reported that the Douglas Street Resurfacing Project will affect the pay station exit at the Rivers Landing Parking Ramp. ABM is working on a solution for when the road closes.

Skywalk Security Update – First Class Security – Braunger stated the Warming Shelter is now closed. As a result, security is seeing increased numbers of transients in the skywalk. Braunger thanked Rosacker for Central Bank’s help in their stairwell. Braunger reported that the panic bar on the door to the Stifel Nicholas building is not latching. Until fixed, trespassers have easy access at that location. Braunger stated that police officers must list the banning of an in- dividual from the skywalk in the police report so that the officer responding to the next incident can arrest the trespasser.

UNFINISHED BUSINESS

None

NEW BUSINESS

Approval of costs and distribution to properties for March 2019 – Motion by Rosacker, se- conded by Avery, to approve the costs and distribution to properties for March 2019; all voting aye.

May Meeting Date – Harbeck will be out of the office May 1-15 and requested the May meeting date be changed to May 22nd. The Board agreed.

Badgerow Building Assessment – Motion by Avery, seconded by Rosacker, to assess Cedar Rapids Bank and Trust for unpaid skywalk operation charges for the , 622 4th Street, in the amount of $2,987.39; all voting aye.

Handicapped Door Bids – Sloan Glass Service was the only bidder for installation of two handicapped door openers in Heritage Ramp (one in to the 2nd floor lobby and one in to the skywalk bridge to the HoChunk Centre) . Their bid is $4,675.62. Harbeck sought direction from the Board.

Motion by Avery, seconded by Rosacker, to approve the bid by Sloan Glass Service; all voting aye.

ADJOURNMENT

Being no further discussion, it was motioned by Cote, seconded by Reinders, to adjourn the meeting at 11:55 a.m.; all voting aye.

SENIORS ADVISORY COMMITTEE MEETING MINUTES APRIL 23, 2019

Call to Order – A meeting of the Seniors Advisory Committee was called to order at 3:30 p.m. on Tuesday, April 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 Douglas Lehman Michelle Brady, Staff Cheryl Prather Pat Tomscha, Siouxland Center Jean Carlson for Active Generations Shirley McLeod Miriam Clayton Daniel Burrows, Vice Chair Neil Peck

Minutes March 26, 2019 – The Seniors Advisory Committee accepted the March 26, 2019 minutes.

Pat Tomscha, Siouxland Center for Active Generations – Pat Tomscha, the new director of the Siouxland Center for Active Generations, provided the committee with an overview of the what the Center provides to its members and the community. The Center, previously known as the Senior Center, was established in 1972. There are over 15,000 people in Siouxland 65 and over and the Center has 1,200 members. There are over 1,000 volunteer hours each month at the Center. The cost of the membership is $52 per year. Pat sees the mission of the Center is to help people with loneliness, boredom and helplessness. One of the programs they have started is called Silver Sneakers. It is a fitness program that several insurance companies help pay for. Another exercise program they are starting up is called Rock Steady Boxing which is geared toward those with Parkinson’s disease. Pat feels that an engaged senior center enhances the community. One of the needs he felt the community was lacking was adult daycare.

Senior Discounts Committee Report – Jean Carlson and Dan Burrows investigated the various free and discounted activities that are provided in the community, mainly from the city and school system. Jean presented a list of what she had found. Highlights include free access to the Sioux City public museum, libraries, art center, parks, and hiking trails. There are discounted fees for early registration of summer pickle ball league. Water walking for only $1.25 per hour. Free senior pass from the Sioux City public schools. Members decided that those who are able would meet and develop public service announcements to bring awareness to seniors of all that the city makes available to them for free or a reduced rate.

2018 Senior Survey Work Plan Outcomes – Michelle Brady distributed the updated work plan. The committee asked that Melissa Campbell, Environmental Services Analyst, be invited to meet with the committee.

Cableone Franchise – It was noted that the Cableone bill charges a franchise fee and mentions that the city is the franchise holder but no one has been able to figure out who to contact regarding this.

Other Items / Information: None.

Next Meeting Date – The next meeting will be held on Tuesday, May 28, 2019, in the City Manager’s Conference Room at 3:30 p.m.

Adjournment –Shirley McLeod moved and Cheryl Prather seconded a motion to adjourn at 4:35 pm. Motion was unanimously approved.

FY 2020 Consolidated Funding Public Hearing Minutes of the April 19, 2019 Hearing 3:00 p.m. Sioux City Transit System, Sioux City, IA

The Sioux City Transit System and the Siouxland Regional Transit System conducted a public hearing on April 17, 2019 at 3:00 p.m. at the Sioux City Transit System at 505 Nebraska Street, Sioux City, Iowa.

Name Representing Sue Errickson Transit Advisory Board Joan Bruhn Transit Advisory Board Mary Martin Transit Advisory Board Curt Miller Siouxland Regional Transit System Jeff Harcum Sioux City Transit System Julie Johannsen Sioux City Transit System

Jeff Harcum opened the hearing at 3:00 p.m. The purpose of the hearing was to review, ques- tion, and make comments regarding the FY 2020 transit applications for the Sioux City Transit System and the Siouxland Regional Transit System.

Harcum reviewed the potential projects and equipment purchases included in the FY20 plan if funding is available.

The Sioux City Transit System FY 2020 transit applications include 49 U.S.C. Section 5339, 49 U.S.C. Section 5307, 49 U.S.C. Section 5310, and 49 U.S.C. Section 5311. State Transit Assis- tance and transportation funding for operating and capital were reviewed. Operating assistance, bus replacements, and capital projects are included in the FY 2020 transit applications, in the event grant funds become available. None of the projects will have an environmental impact, or require route or fare changes. 5307 funds are used for operating assistance; and can also be used for capital equipment purposes.

The projects listed in the Siouxland Regional Transit System FY 2020 transit applications in- clude 49 U.S.C. Section 5339, and 49 U.S.C. Section 5311.

The written comment period was open until 3:00 p.m., April 17, 2019. There were no written comments received. The oral comment period was closed at 3:35 p.m. The public hearing meeting was adjourned at 3:35 p.m.

SIOUX CITY TRANSIT ADVISORY BOARD REGULAR MEETING APRIL 17, 2019

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

MEMBERS PRESENT MEMBERS ABSENT OTHERS Sue Errickson Tom Venesky Jeff Harcum, Operations Supv. Mary Martin Richard Owens Julie Johannsen, Admin Assistant Joan Bruhn Curt Miller, SRTS Jerry Bruhn, Guest

ITEM NO. 1 CALL OF ROLL AND INTRODUCTIONS

Roll was called.

ITEM NO. 2 APPROVAL OF MARCH MINUTES

Martin made a motion, Errickson seconded the motion, to approve the minutes from the March meeting. All members present voted aye to approve the minutes.

ITEM NO. 3 OPERATING AND PARATRANSIT REPORTS

Harcum provided a review of Operating Reports. With 75% of the fiscal year complete Sioux City Transit is on course to meet the budget year’s objectives.

Curt Miller discussed the upcoming changes to Paratransit service with the exit of United Healthcare from the Iowa Medicaid system. Iowa Total Care will be the new provider and they have contracted with Access 2 Care for transportation with a new rate structure effective July 1, 2019. A rate increase was also requested for Logisticare but they denied the request and SRTS will not be providing services for them beginning July 1, 2019.

Miller informed the group of the status of grant awards that should be coming this week which will allow them to move forward with the purchase of new buses.

Joan Bruhn asked if all buses are in garages at night. Harcum explained that the fixed route buses for Sioux City Transit are inside overnight but the smaller buses are not. Miller explained that SRTS does not have a facility but plans are still moving forward for the new building that they will share with IDOT.

Harcum stated that the number of Nights and Weekends riders is down and confirmed that there is no money left from the private funds. Service will continue and be covered under city operat- ing costs.

ITEM NO. 4 OTHER BUSINESS

A. Grant Updates

Harcum reminded the board that the grant status was covered in the Public Hearing that imme- diately preceded the board meeting.

B. Communication

Harcum encouraged the group to continue to bring items forward to the public, legislators or an- yone who supports public transit.

Joan Bruhn brought a copy of the South Sioux City route map that had been given to her by an acquaintance with a concern that the map did not specify that bus service is not available in South Sioux City on Saturdays. Jeff Harcum will review and ensure correct information is on the maps.

C. Detours

Harcum stated there are several detours that are impacting Transit routes. Harcum informed the board that the Hamilton Boulevard, southbound ramp is scheduled to close May 1, 2019. The replacement of the Big Sioux bridge on Military Road will affect the Riverside and Council Oaks routes. The Airport route continues to see construction.

Harcum discussed a possible new stop being added to service Seaboard Triumph Foods pend- ing the completion of a new road in that area. He also stated that Seaboard has renewed their bus advertising contract.

ITEM NO. 5 OTHER DISCUSSION

Harcum stated that a proposal has been submitted for a study to be conducted by LSC Trans- portation Consultants.

Harcum shared that Sioux City Transit has been awarded funding to replace five fixed route buses.

Harcum updated the board on the status of the fuel tank replacement project. Engineering work is being completed and project is due to go out for bid. The new tank will be split and hold both diesel and gasoline.

Sue Erickkson asked how routes are determined. Harcum and Miller gave an overview of how the factors such as demand, population and finances are evaluated to come up with routes. Harcum stated that the study to be conducted by LSC Transportation Consultants should pro- vide insight into route planning as well.

Joan Bruhn inquired about who pays for the police officers that patrol Transit. Harcum told the board that their services are contracted and paid for by Sioux City Transit.

ITEM NO. 6 NEXT MEETING

The next meeting will be held on May 15, 2019.

Martin made a motion, Errickson seconded the motion, to adjourn; all members present voted aye. Meeting adjourned at 4:16 p.m.

Mary Martin, Secretary

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 19 FROM: Jeff Hanson, Community Development Operations Manager (EJB)

Hearing and Ordinance vacating that part of West 20th Street adjacent to SUBJECT: 1945 Ruby Street. (Petitioner: Donald Gustin). The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0024).

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

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

Planning and Zoning Commission: Agenda Item 2019-0024: Requested vacation of a portion of West 20th Street adjacent to 1945 Ruby Street. (Petitioner: Donald Gustin)

Erin Berzina presented on the vacation of West 20th Street. The proposed area is approxi- mately 60’ x 40’, unimproved, not used in the transportation system, and will not landlock any surrounding properties. This portion of West 20th Street was intentionally excluded from a va- cation request in 1996 that vacated the remainder of West 20th Street from Wood Street to Ruby Street. At the time of that vacation request, it was determined that the current subject portion of West 20th Street could potentially be used in the transportation system in the future. It has since been determined that the current subject portion is no longer needed.

Petitioner: Donald Gustin (303 East Dakota Street, Jefferson, SD) would like the small sliver of land so that he can have access to West 20th Street and landscape. He has no current fi- nalized plans for the area.

Opposed: Gary Verschoor (1912 Ruby Street) lives across the street. There is a culvert in the area proposed to be vacated. Calligan wanted to know what directions the culvert runs and how long it is. Verschoor stated that it runs from Ruby Street to West 19th Street and is 20 feet long or longer. Geary asked who maintains the culvert currently. Verschoor stated that he maintains the culvert.

Gustin stated that he has no intention to block off the culvert. Silverberg asked if he would be willing to clean the culverts. Gustin stated that he is willing.

Stewart (Silverberg) moved to approve the item. Motion carried. 5-0-0 (Yes: Geary, Stewart, Calligan, Silverberg, Bostinelos No: 0 Abstain: 0).

Findings of Fact: 1) It is the City’s policy to vacate and dispose of unneeded rights-of-way. 2) By vacating and disposing of the subject right of way, access would not be denied to property owners. 3) One response from CenturyLink has been received from the notification mailing. 4) One response from a property owner in the notification area spoke in opposition of the vacation at the Planning and Zoning Commission meeting stating drainage concerns. 5) The petitioner’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

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

BACKGROUND REPORT: The petitioner, Donald Gustin, requests to vacate that part of West 20th Street adjacent to 1945 Ruby Street. The subject property requested is approximately four hundred and twenty (420) square feet. The proposal will allow for the petitioner to add the subject area to their adjacent property to increase the lot size. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner requests to vacate that part of West 20th Street adjacent to 1945 Ruby Street. The street area proposed to be vacated is approximately 60’ x 7’. This street is unim- proved, is not currently traversed in the transportation system, and no surrounding properties will be landlocked or have insufficient access as a result of this vacation. The subject portion of West 20th Street was part of a larger request to vacate West 20th Street lying west of Ruby Street and east of Wood Street in 1996. The vacation was granted (Ordinance No. 96/U-4205), excepting the east seven (7) feet of Lot 3 adjacent to Ruby Street because it was determined the excepted area may be needed for a future street project on Ruby Street. It has been deter- mined that this 60’ x 7’ portion of West 20th Street will no longer be needed in the transportation system and may now be vacated. One response from the mailed notification was received from

CenturyLink via email on 4/15/19; “CenturyLink does have facilities in this area. Under Iowa Code section 306.22 and Sioux City’s municipal code section 12.03.060, vacation of a right-of- way requires the City to grant CenturyLink a utility easement to allow for continued use of the right-of-way. If relocation of CenturyLink’s facilities from that easement is required, the party re- questing the relocation will be required to reimburse the relocation expense.” A property owner within the notification area spoke in opposition of the item. He did not want the street opened for through traffic and is concerned about drainage if the ground is moved for any sort of develop- ment of the site. The property owner stated that he does not want the road to open for public access and would be privately owned and maintained.

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

• Cities may vacate streets and alleys but must consider the interests of the public. Public notice was mailed to properties within two hundred (200) feet, excluding rights-of- way. One response was received and is noted in the Analysis section of this report.

• Streets and alleys should not be vacated for the benefit of private persons if it will probably seriously inconvenience the public. The subject vacation area is not currently used in the transportation system.

• The vacation of a street or alley should not deprive the complaining property owner of con- venient and reasonable access to or from his property to a substantial degree. One response has been received from the notification mailing and is noted in the Analy- sis section of this report.

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

• The right to reasonable ingress and egress to abutting properties may not be totally de- stroyed; however, as long as one reasonable means of ingress and egress to a lot remains it is not so adversely affected. The subject vacation does not eliminate access to any abutting properties.

• Non-abutting owners have far less standing to challenge a vacation. One comment was received from a non-abutting owner at the Planning and Zoning Commission meeting.

EXISTING ZONING AND LAND USE: NC.3; Neighborhood Conservation 3

EXISTING ZONING REQUIREMENTS: The NC.3 district is meant for a mixture of single-family detached and single-family attached dwellings on small lots.

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.3; Undeveloped

South: NC.3; Undeveloped East: NC.3; Single-family home West: NC.3; Undeveloped

DEPARTMENT COMMENTS None.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Suburban Residential”. “Suburban Resi- dential” is defined as development consistent with contemporary design practices that are sensi- tive to existing environmental characteristics of the location.

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

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

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

CITIZEN RESPONSE: Ten (10) notices were sent within the required timeframe. One response was received from CenturyLink and is noted in the Analysis section of this report. One non-abutting property own- ers spoke in opposition to the request and is noted in the Analysis section of this report.

ATTACHMENT A

ORDINANCE

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

ORDINANCE NO. 2019 - ______

ORDINANCE VACATING THAT PART OF WEST 20TH STREET ADJACENT TO 1945 RUBY STREET.

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

The east seven feet of Lot 3, Block 4 of Smith Villa Heights, an Addition to Sioux City, in the County of Woodbury and the State of Iowa. Contains approximately 420 square feet more or less; and

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

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

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

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

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

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

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

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 6, 2019

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

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

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2019-______adopted by the City Council of Sioux City on ______, 2019. Signed this ______day of ______, 2019.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 11, 2019

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2019-0024.Docx

ORDINANCE VACATING THAT PART OF WEST 20TH STREET ADJACENT TO 1945 RUBY STREET.

This is a summary of Ordinance Number 2019-______passed by the Sioux City City Council on ______, 2019 and is effective today. A complete copy of the ordinance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance vacates the following described public right of way within the City of Sioux City, Woodbury County, Iowa:

The east seven feet of Lot 3, Block 4 of Smith Villa Heights, an Addition to Sioux City, in the County of Woodbury and the State of Iowa. Contains approximately 420 square feet more or less

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2019.

NOTICE OF HEARING ON PROPOSAL TO VACATE PUBLIC

RIGHT-OF-WAY OWNED BY CITY OF SIOUX CITY

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

The east seven feet of Lot 3, Block 4 of Smith Villa Heights, an Addition to Sioux City, in the County of Woodbury and the State of Iowa. Contains approximately 420 square feet more or less

(That part of West 20th Street adjacent to 1945 Ruby Street) (2019-0024)

That said Ordinance and proposal to vacate said real estate will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on May 6, 2019, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposed vacation.

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 29, 2019

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PHOTOS

Facing east

Facing west

ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 20 FROM: Jeff Hanson, Community Development Operations Manager (EJB)

Hearing and Ordinance vacating that part of Peters Avenue adjacent to 1500 South Cleveland Street. (Petitioner: Richard Mrla). The Planning and SUBJECT: Zoning Commission recommends approval of this item. (File No. 2019- 0020).

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

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

Planning and Zoning Commission: Agenda Item 2019-0020: Requested vacation of a portion of Peters Avenue adjacent to 1500 South Cleveland Street and 1422 South Cleveland Street. (Petitioner: Richard Mrla)

Erin Berzina presented the vacation for a 125’ x 33’ portion of Peters Avenue. Currently the street is unimproved, not used in the transportation system, and will not cause any land to be landlocked. The Engineering Department reviewed this vacation and determined that there is an unmarked and previously unknown water line under the northern portion of Peters Avenue and requested that only the southern portion be vacated. Staff recommends approval of the southern portion.

Petitioner: Rick Mrla (2422 Hwy 20, Lawton, IA), owner of the property at 1520 South Cleve- land Street, stated he would like the vacation for landscaping and to beautify the property. He stated that the City isn’t maintaining it and it would take the burden off the City.

In Favor: Jessica Smith (1425 South Nicolette Street) stated that she agrees with the petition- er and would like to see Rick get the property so that he can maintain and help with the flood- ing and washing out of the sidewalk. She would like Rick to get both the north and south por- tions of Peters Avenue.

Stewart asked why they couldn’t grant an access easement to the water line and put the property back on the tax rolls. Berzina stated that she cannot speak as to why, except that the Engineering Department would prefer not to grant an easement.

Bostinelos would like to have City Staff check on the sidewalk wash-out concern, so that it can

be taken care of. Berzina will request an inspection.

Stewart (Silverberg) moved to approve the item. Motion approved. 5-0-0 (Yes: Calligan, Stewart, Bostinelos, Silverberg, Geary, No: 0, Abstain: 0).

Findings of Fact: 1) It is the City’s policy to vacate and dispose of unneeded rights-of-way. 2) By vacating and disposing of the subject right of way, access would not be denied to prop- erty owners. 3) One neighbor spoke in support of the subject vacation area and stated she would support vacating the entire width of Peters Avenue in this area. 4) The petitioner’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

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

BACKGROUND REPORT: The petitioner, Richard Mrla, requests to vacate a portion of Peters Avenue adjacent to 1500 South Cleveland Street. The subject property requested is approximately three thousand four hundred and sixty-five (3,465) square feet. The proposal will allow for the petitioner to add the subject area to their property to increase the lot size. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner requests to vacate a portion of Peters Avenue adjacent to 1500 South Cleveland Street. The street proposed to be vacated is approximately 105’ x 33’. This street is unimproved, is not currently traversed in the transportation system, and no surrounding proper- ties will be landlocked or have insufficient access as a result of this vacation. The petitioner’s

original application was to include the entire width of Peters Avenue right-of-way from 1500 South Cleveland Street to 1422 South Cleveland Street, but the requested area was reduced at the recommendation of city staff. The City Engineering Department advised staff that a previ- ously unmapped water line was discovered on the north one-half of Peters Avenue within the originally requested vacation area, and requested that the north portion of Peters Avenue re- main right-of-way for underground line maintenance. Since the remaining area proposed to be vacated is not adjacent to any other property, the proposed area to be vacated as shown would be offered for sale solely to the petitioner. One response from the mailed notification was re- ceived from MidAmerican Energy Company, Electric Department, via emails on 4/12/19; “There is existing MEC overhead electric which runs through the proposed are to be vacated. Mid- American Energy will require that an easement is maintained. Any required relocations of our facilities would be subject to reimbursement.” One resident within the notification area spoke at the Planning and Zoning Commission meeting in favor of the vacation request, stating that the area would benefit by being maintained by the applicant. She commented that the existing sidewalk on the north side of Peters Avenue at that location is crumbling and has a washout that is a safety concern as kids use the subject vacation area and the sidewalk. City Engineering has since inspected the sidewalk and has sent an abatement letter to the adjacent homeowner to clean and repair the sidewalk. Because the proposed street vacation satisfies the criteria to vacate rights-of-way and no ac- cess to property is impeded, staff recommends approval of this vacation.

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

• Cities may vacate streets and alleys but must consider the interests of the public. Public notice was mailed to properties within two hundred (200) feet, excluding rights-of- way. One response from Mid-American Energy was received and is noted in the Analysis section of this report. One person spoke in favor of vacating the subject area, plus the re- maining north portion of Peters Avenue as originally requested by the petitioner, in order for the area to be better maintained. She noted the deteriorated condition of the sidewalk on the north side of Peters Avenue, as it is regularly used by children and may be unsafe.

• Streets and alleys should not be vacated for the benefit of private persons if it will probably seriously inconvenience the public. The subject vacation is not a viable street or alley and is not currently used in the trans- portation system.

• The vacation of a street or alley should not deprive the complaining property owner of con- venient and reasonable access to or from his property to a substantial degree. One response was received and is noted in the Analysis section of this report. No complaining property owners were present at the Planning and Zoning Commission meeting.

• The City Council must determine whether the street or alley is necessary for public use and convenience and whether they are sufficiently traveled to justify maintenance at public ex- pense. The vacation area is unimproved, and the vacation will not impact the transportation sys- tem.

• The right to reasonable ingress and egress to abutting properties may not be totally de- stroyed; however, as long as one reasonable means of ingress and egress to a lot remains it is not so adversely affected.

The subject vacation does not eliminate access to any abutting properties.

• Non-abutting owners have far less standing to challenge a vacation. One comment was received from a non-abutting property owner at the Planning and Zoning Commission meeting and is noted in the Analysis section

EXISTING ZONING AND LAND USE: NC.4; Single-family Residential

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

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.4; Single-family Residential South: NC.4; Single-family Residential East: NC.4; Single-family Residential West: NC.4; Single-family Residential

DEPARTMENT COMMENTS The City Engineering Department provided comments on the item. A previously unmapped, 6” water main and service line was found via GPS. The City Engineering Department requests that the northern portion of Peters Avenue remain public right-of-way for maintenance.

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

URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is not located in an active urban renewal, urban revitalization, or TIF dis- trict.

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

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

CITIZEN RESPONSE: Twenty-seven (27) notices were sent within the required timeframe. One response was received and is noted in the Analysis section of this report. One property owner in the notification area spoke in support of the vacation request at the Planning and Zoning Commission meeting.

ATTACHMENT A

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

ORDINANCE NO. 2019 - ______

ORDINANCE VACATING THAT PART OF PETERS AVENUE ADJACENT TO 1500 SOUTH CLEVELAND STREET.

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

All that part of Peters Avenue (originally platted as Peters Street) being 33 feet wide and abutting on the East 105 feet of Lot 1, Block 13, Cheney’s Second Ad- dition to Sioux City, Iowa. Containing an area of 3,465.0 square feet; and

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

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

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

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

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

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

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

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 6, 2019

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

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

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2019-______adopted by the City Council of Sioux City on ______, 2019. Signed this ______day of ______, 2019.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 11, 2019

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2019-0020.Docx

ORDINANCE VACATING THAT PART OF PETERS AVENUE ADJACENT TO 1500 SOUTH CLEVELAND STREET.

This is a summary of Ordinance Number 2019-______passed by the Sioux City City Council on ______, 2019 and is effective today. A complete copy of the ordinance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance vacates the following described public right of way within the City of Sioux City, Woodbury County, Iowa:

All that part of Peters Avenue (originally platted as Peters Street) being 33 feet wide and abutting on the East 105 feet of Lot 1, Block 13, Cheney’s Second Ad- dition to Sioux City, Iowa. Containing an area of 3,465.0 square feet

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2019.

NOTICE OF HEARING ON PROPOSAL TO VACATE PUBLIC

RIGHT-OF-WAY OWNED BY CITY OF SIOUX CITY

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

All that part of Peters Avenue (originally platted as Peters Street) being 33 feet wide and abutting on the East 105 feet of Lot 1, Block 13, Cheney’s Second Addition to Sioux City, Iowa. Containing an area of 3,465.0 square feet.

(That part of Peters Avenue adjacent to 1500 South Cleveland Street) (2019- 0020)

That said Ordinance and proposal to vacate said real estate will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on May 6, 2019, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposed vacation.

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 29, 2019

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PHOTOS

Facing east

ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 21 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance adopting a site plan for 1400 W. 1st Street. (Area Zoned GI (General Industrial)). (Petitioner: Joshua Watson – U.S. Cellular). SUBJECT: The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0021)

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested site plan, subject to the follow- ing findings.

Planning and Zoning Commission: Agenda Item 2019-0021: Requested site plan approval for the property located at 1400 West 1st Street. (Petitioner: Joshua Watson- US Cellular)

Chris Madsen presented on the approval of the site plan for a US Cellular tower being put up at 1400 West 1st Street. There will be an access easement off Hamilton Boulevard into the current parking lot. The tower is a mono-pole design and has the antennas on the outside of the tower system. Madsen went over all federal guide lines for the tower. He also went over all rules and regulations regarding the tower and its approval.

Madsen stated that we can review the site plan for setbacks and neighborhood character. He stated that in this case there is an issue. Municipal code requires an 8 foot tall opaque fence. In the site plan the petitioner has a chain-link fence with barbed wire on the top. Staff requests that they change that to the opaque fencing. City staff recommends approval with the above listed condition. Calligan asked if we have always required an opaque fence. Madsen stated since the 2015 Municipal Code we have required it. She wants to know why that is a require- ment, Madsen stated mainly for aesthetics.

Petitioner: Daniel White (1202 Ridgemont Drive, Urbandale) is a project manager with US Cellular. The company is excited to grow into the City of Sioux City. He agreed to all recom- mendations that city staff made about the site plan. Calligan wanted to know how long a tower like this is viable once it goes up. White replied hopefully a very long time. Something like this is a large investment. Stewart asked how often they are inspected. White responded every other year.

Geary stated that he believes that state law allows him to ask if they did a survey of coloca- tion. He can see that US Cellular wants to just break into the market. White stated that they did conduct a study and they have a few colocations in the works currently. Geary also want- ed to make sure that since each tower is approved separately what would happen if any one of the towers were denied. White stated they would have to come back to the drawing board.

Stewart (Geary) moved to approve the item. Motion carried. 5-0-0 (Yes: Geary, Stewart, Cal- ligan, Silverberg, Bostinelos No: 0 Abstain: 0).

Findings of Fact: 1) The proposed tower will be 150’ in height. 2) The petitioner has proposed a mono-pole designed tower. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) Obtain State Historic Preservation Office approval. 2) Replace chain link fence with an opaque privacy fence.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: 1) None.

ATTACHMENTS: Attachment A: Ordinance Attachment B: General Area Map Attachment C: Notification Map Attachment D: Site Plan Attachment E: Site Renderings Attachment F: Application

BACKGROUND REPORT: The petitioner, Joshua Watson – U.S. Cellular, requests site plan approval for a 150 foot tall tel- ecommunication tower on property located at 1400 West 1st Street. The Municipal Code re- quires that telecommunication towers require site plan approval through the Planning and Zon- ing Commission and City Council. According to Municipal Code Section 25.02.190(25.c.):

Site Plan Required. All new towers shall be subject to the public meeting and hearing proce- dures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recommendation to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision.

Section 106 of the National Historic Preservation Act requires that all new cell towers receive approval through the State Historic Preservation Office, with comment from the local Historic Preservation Commission. These approvals would be required after City approval of the site plan.

ANALYSIS: As stated, the petitioner is requesting site plan approval for a telecommunication tower located at 1400 West 1st Street. Telecommunication towers have a number of requirements for approv- al, including State Historic Preservation office and the standards in the Sioux City Municipal Code, which will be outlined below. There are also a number of court cases and legislative re- quirements that restrict what a City is able to review with telecommunication towers. These in- clude the following, and information taken from Gary Taylor, professor of Planning Law with Io- wa State University:

2009 “FCC Shot Clock” Rule A City must act upon a new tower within 150 days of receiving an application

2015 Iowa Cell Tower Legislation Lists 13 actions that local governments cannot take into consideration when reviewing tele- communication tower requests.

1. Require an applicant to submit information about service design, customer demand, or quality of service 2. Force an applicant to co-locate on an existing tower. a. Can require the application to state they conducted an analysis of available sites. 3. Dictate the type of transmission equipment or technology used, or discriminate be- tween different types of technology. 4. Require removal of existing towers as a condition of approval. a. Can adopt rules regarding removal of abandoned towers (see #10). 5. Impose environmental testing, sampling, or monitoring requirements for radio fre- quency emissions. 6. Regulate radio frequency signal strength or the adequacy of service quality. 7. Reject the application based on perceived or alleged environmental effects of radio frequency emissions. 8. Prohibit the placement of emergency power systems that comply with federal and state environmental requirements. 9. Charge an application fee, consulting fee, or other fee associated with the submis- sion, review, processing, or approval of an application that is not required for similar types of commercial development. 10. Impose surety requirements to ensure removal of abandoned or unused towers equipment unless imposed on other types of commercial development. 11. Condition approval on agreement to allow co-location at less than the market rate. 12. Limit the duration of the approval of an application except that construction shall be commenced within two years of final approval, and diligently pursued to completion. 13. Discriminate on the basis of the ownership of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or evaluating applica- tions.

The following Municipal Code requirements from Subsection 25.02.190 (25) Agricultural, Indus- trial, Utility, and Communication Use Standards apply to this project:

Wireless Telecommunication Towers are allowed as follows: c. Site Plan Required. All new towers shall be subject to the public meeting and hearing procedures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recom- mendation to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision. The petitioner has submitted the site plan for Planning and Zoning Commission and City Council review. d. Use Restrictions. Following are the principal permitted uses that may be approved as part of a site plan subject to the provisions set out in this Code: 1. Telecommunication towers without regard to the height limits of the applicable zoning dis- trict, subject to the following: A. All telecommunication facilities shall be permitted only in conformance with approval of the site plan; and B. All towers, antennae, and other telecommunication facilities shall meet or exceed all standards and requirements of the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the state or federal governments, as well as the City’ s building, electrical, mechanical, and any other applicable codes. 2. Accessory uses permitted that may be approved as part of a site plan include telecommunica- tion towers serving only the needs of a principal permitted use on the same lot without re- gard to the height limits of the applicable zoning district. e. Bulk Regulations. 1. Height. The maximum height that may be approved for a telecommunication tower as part of a site plan is 200 feet, except that a tower with a height up to 250 feet may be approved by the City Council if it is determined that the increased height of the tower: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations. The petitioner is requesting a telecommunication tower 150 feet in height, including ac- cessory base equipment enclosed by fencing at the base of the tower. 2. Setbacks. A. Telecommunication towers shall be set back the greater distance of: I. The setback requirements of the underlying district; II. 200 feet from any residential district or use; III. 25 percent of the height of the tower; or IV. The distance specified as a potential hazard area by the designer of the structure.

B. Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district. The proposed tower is setback greater than 200 feet from any surrounding residential us- es, and does not include guy wires. f. Parking Requirements. 1. One parking and loading space shall be required to serve a telecommunication tower site; and 2. If the site is more than 100 feet from a paved road, hard-surfacing of parking and loading spaces and driveways shall not be required for those portions of the site lying more than 100 feet from any paved road. The proposed tower is located in the industrial parking lot for Industrial Powder Coating, with a lease agreement and access easement to Hamilton Boulevard. g. Tower Design. 1. All telecommunication towers shall meet or exceed current published EIA/TIA structural standards and shall have adequate load-bearing capacity to carry the antennas of three simi- lar providers; 2. Lattice-work trussed or guy-wired towers may be allowed in the BP and GI Districts. Free- standing, monopole tower structures shall be allowed in any base district, but lattice work or guy-wired towers may be approved by the City Council as part of the requirements for ap- proval of a site plan if they determine that the type of tower construction: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations. 3. Stealth and/or camouflage design of towers and antennas may be required to reduce the vis- ual impact of the structure, especially in residential districts. 4. Towers shall be a neutral color such as a non-contrasting gray or similar color, and not in- clude signage painted on the tower. The proposed tower is a monopole designed tower with the antenna systems located outside the tower structure. Staff believe the design requirements are met on the site plan. h. Lighting. Telecommunication towers shall only be illuminated as required by the Federal Com- munication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security light- ing around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way. i. Screening. An opaque screen that is at least eight feet in height must surround the base of a tele- communication tower. The screening should also include landscaping provisions, consisting of a Type B bufferyard set out in Subsection 25.02.190 Bufferyard Types, for any portions of the de- velopment visible from an adjacent residential district or use or public rights-of-way. The use of barbed wire or other security measure shall be allowed only as specifically approved in the devel- opment plan. Screening requirements may be waived if the design of the tower is found to be com- patible with the adjacent land uses.

The petitioner is proposing an 8’ tall chain link fence with barbed wire extending above the fence. A rendering of the proposal is below:

City Staff would request the fencing be opaque in nature, as the base of the tower would be visi- ble from Hamilton Boulevard. Staff would agree that landscaping placed in the middle of an in- dustrial parking lot would not be desirable in this location, and would agree to waive the Type B Bufferyard requirement. j. Removal of Abandoned Towers. A tower that is not used for a period of 12 consecutive months, or that has not been inspected pursuant to Inspections, below, shall be considered abandoned, and the owner shall remove the tower from the property within 90 days of receipt of notice from the Administrator. An abandoned tower that is not removed within the 90 day period is a public nuisance, and the City shall take actions to abate the nuisance by removal and assess the costs thereof to the property. k. Inspections. Telecommunication towers shall be inspected by a qualified tower inspection ser- vice once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection report shall be prepared and filed with the Inspection Services Division. The required report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition.

City Staff believe that the proposed site plan meets the requirements of the Municipal Code re- quirements and various legislative requirements.

EXISTING ZONING AND LAND USE: GI ; Interstate Powder Coating

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

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.4 ; Single Family Residential South: GI ; BNSF Railroad East: GI ; Iowa DOT West: GI ; Besser International Piping

DEPARTMENT COMMENTS None.

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

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

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

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

CITIZEN RESPONSE: Fifty-six notices were sent within the required timeframe. One response was received in opposi- tion.

ATTACHMENT A

ORDINANCE NO. 2019 - ______

ORDINANCE ADOPTING A SITE PLAN FOR 1400 W. 1ST STREET. (AREA ZONED GI (GENERAL INDUSTRIAL))

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

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

Section 2: That Ordinance No. 2015-0215, as amended, also known and identified as the Sioux City Zoning and Sign Ordinance, is hereby amended by adding thereto the following to be known as Section 25.02.030.1352 of said Ordinance No. 2015-0215 as amended:

25.02.030.1352: The Site Plan dated March 21, 2019 for property presently zoned GI (General Industrial) and legally described as follows:

A parcel of land, being a part of and lying entirely within the Southwest Quarter of Section 29, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the intersection of the north right-of-way of the Burlington Northern Santa Fe Railroad, and the west right-of-way of Hamilton Blvd;

Thence along and upon the westerly right-of-way of Hamilton Blvd, North 11°59'14" East, a distance of 75.20 feet;

Thence leaving said right-of-way, North 77°01'25" West, a distance of 108.77 feet;

Thence North 27°31'36" West, a distance of 92.58 feet;

Thence North 01°51'47" West, a distance of 15.83 feet to the southeast corner of the proposed lease area and the point-of-beginning;

Thence South 88°08'13" West, a distance of 15.00 feet (L1):

Thence North 01°51'47" West, a distance of 25.00 feet (L2);

Thence North 88°08'13" East, a distance of 15.00 feet (L3);

Thence South 01°51'47" East, a distance of 25.00 feet (L4) to the point-of- beginning;

Containing 375 square feet (0.009 acres) more or less and extending to the center line of abutting right-of-way, is hereby adopted and approved.

Section 3: That a detailed site plan dated March 21, 2019 including, but not limited to, a site development map and text to be used for the development of the above described property is on file in the office of the City Clerk of the City of Sioux City, Iowa, and is hereby approved and adopted and is by this reference made a part hereof.

Section 4: That the boundaries of zones as shown on the official zoning map on file in the office of the City Clerk of the City of Sioux City, Iowa, is hereby modified and corrected in ac- cordance herewith, and said map and all information shown thereon shall be as much a part of this Ordinance as though all the matters and information set forth in said map were fully set forth herein.

Section 5: That all Ordinances, or parts of Ordinances, in conflict herewith are to the extent of such conflict hereby repealed.

Section 6: That this Ordinance shall be and become effective upon its passage, approval and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 6, 2019

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

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

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2019-______adopted by the City Council of Sioux City on ______, 2019. Signed this ______day of ______, 2019.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 11, 2019

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2019-0021.Docx

ORDINANCE ADOPTING A SITE PLAN FOR 1400 W. 1ST STREET. (AREA ZONED GI (GENERAL INDUSTRIAL))

This is a summary of Ordinance Number 2019-______passed by the Sioux City City Council on ______, 2019 and is effective today. A complete copy of the ordi- nance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance adopts a Site Plan dated March 21, 2019 for property within the City of Sioux City, Woodbury County, Iowa, presently zoned GI (General Industrial) and legally described as follows:

A parcel of land, being a part of and lying entirely within the Southwest Quarter of Section 29, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the intersection of the north right-of-way of the Burlington Northern Santa Fe Railroad, and the west right-of-way of Hamilton Blvd;

Thence along and upon the westerly right-of-way of Hamilton Blvd, North 11°59'14" East, a distance of 75.20 feet;

Thence leaving said right-of-way, North 77°01'25" West, a distance of 108.77 feet;

Thence North 27°31'36" West, a distance of 92.58 feet;

Thence North 01°51'47" West, a distance of 15.83 feet to the southeast corner of the proposed lease area and the point-of-beginning;

Thence South 88°08'13" West, a distance of 15.00 feet (L1):

Thence North 01°51'47" West, a distance of 25.00 feet (L2);

Thence North 88°08'13" East, a distance of 15.00 feet (L3);

Thence South 01°51'47" East, a distance of 25.00 feet (L4) to the point-of- beginning;

Containing 375 square feet (0.009 acres) more or less and extending to the center line of abutting right-of-way.

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2019.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO SIOUX CITY ZONING AND SIGN ORDINANCE

Notice is hereby given that at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered, on May 6, 2019, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, there will be conducted a public hearing by the City Council on the proposed amendment to the Zoning and Sign Ordinance of the City of Sioux City, Iowa, pro- posing the following change:

25.02.030.1352: Adoption of a site plan for the following described real property zoned as GI (General Industrial):

A parcel of land, being a part of and lying entirely within the Southwest Quarter of Section 29, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the intersection of the north right-of-way of the Burlington Northern Santa Fe Railroad, and the west right-of-way of Hamilton Blvd;

Thence along and upon the westerly right-of-way of Hamilton Blvd, North 11°59'14" East, a distance of 75.20 feet;

Thence leaving said right-of-way, North 77°01'25" West, a distance of 108.77 feet;

Thence North 27°31'36" West, a distance of 92.58 feet;

Thence North 01°51'47" West, a distance of 15.83 feet to the southeast corner of the proposed lease area and the point-of-beginning;

Thence South 88°08'13" West, a distance of 15.00 feet (L1):

Thence North 01°51'47" West, a distance of 25.00 feet (L2);

Thence North 88°08'13" East, a distance of 15.00 feet (L3);

Thence South 01°51'47" East, a distance of 25.00 feet (L4) to the point-of- beginning;

Containing 375 square feet (0.009 acres) more or less and extending to the center line of abutting right-of-way.

(1400 W. 1st Street) (2019-0021)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 29, 2019.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PLAN

ATTACHMENT E

RENDER- INGS

ATTACHMENT F

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 22 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance adopting a site plan for 4200 Green Avenue. (Area Zoned NC.3 (Neighborhood Conservation, 6,000 square feet per unit SUBJECT: minimum)). (Petitioner: USCOC of Greater Iowa, LLC, U.S. Cellular). The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0023).

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested site plan, subject to the follow- ing findings.

Planning and Zoning Commission: Agenda Item 2019-0023: Requested site plan approval for the property located at 4200 Green Avenue. (Petitioner: USCOC of Greater Iowa, US Cellular)

Chris Madsen presented on the site plan for a cellular tower located at 4200 Green Avenue. Access to this site would be off South Cleveland Street. There would be an access easement on the gravel road. He also went over all rules and regulations regarding the tower and its ap- proval. Madsen recommends approval with a few conditions to approval being changing the chain-link fence for an opaque fence and the change of the design from lattice to monopole. Madsen stated that notifications normally go to the deed holder only but wanted it known that the City posted a notice at the community area of the Regency Mobile Home Community.

Geary asked if Madsen knew what the two cell towers in this area are used for? Madsen stat- ed that one was privately owned and the other is mainly used for the 911 comm center but they do have lease space available on the comm center tower.

Petitioner: Julie Shebek (2124 Larry Drive, Cedar Rapids) is a project manager with USCOC. She stated Mr. Madsen did a wonderful job and that they are slated to get the approval of the Historic Preservation office in June.

Opposed: Doug Hesse (408/404 Cleveland Street) stated that he is not for the tower going up. He stated that you can see a tower in every direction. He brought up the fact that the City doesn’t maintain the gravel road. The gravel stops at his driveway.

Denise Murad (342 S. Hennepin Street) looks out all of her windows and can see these tow- ers and she feels other people would be opposed but like her maybe they weren’t notified. She feels it to be unnecessary.

Georgia Muilenburg (125 S. Lakeport Street) doesn’t feel it is appropriate to put up another tower.

Julie Shebek stated that she has no concerns about the maintenance or condition of the road getting out to the tower site. She stated that as far as the building of the tower they do every- thing in sessions so it will not be a ton of construction all at once. Hesse stated he doesn’t think it is right that he maintains a road that they will get to travel on and not help with. He stated that it would be nice if they helped maintain the road.

Geary (Stewart) moved to approve the item. Motion carried. 5-0-0 (Yes: Geary, Stewart, Cal- ligan, Silverberg, Bostinelos No: 0 Abstain: 0).

Findings of Fact: 1) The proposed tower will be 190’ in height. 2) The petitioner has proposed a monopole designed tower. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 3) Obtain State Historic Preservation Office approval.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: 1) None.

ATTACHMENTS: Attachment A: Ordinance Attachment B: General Area Map Attachment C: Notification Map Attachment D: Site Plan Attachment E: Site Renderings Attachment F: Application

BACKGROUND REPORT: The petitioner, USCOC of Greater Iowa, LLC, U.S. Cellular, requests site plan approval for a 190 foot tall telecommunication tower on property located at 4200 Green avenue. The Municipal Code requires that telecommunication towers require site plan approval through the Planning and Zoning Commission and City Council. According to Municipal Code Section 25.02.190(25.c.):

Site Plan Required. All new towers shall be subject to the public meeting and hearing procedures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recommenda- tion to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision.

Section 106 of the National Historic Preservation Act requires that all new cell towers receive approval through the State Historic Preservation Office, with comment from the local Historic Preservation Commission. These approvals would be required after City approval of the site plan.

ANALYSIS: As stated, the petitioner is requesting site plan approval for a telecommunication tower located at 4200 Green Avenue. Telecommunication towers have a number of requirements for approv- al, including State Historic Preservation office and the standards in the Sioux City Municipal Code, which will be outlined below. There are also a number of court cases and legislative re- quirements that restrict what a City is able to review with telecommunication towers. These in- clude the following, and information taken from Gary Taylor, professor of Planning Law with Io- wa State University:

2009 “FCC Shot Clock” Rule A City must act upon a new tower within 150 days of receiving an application.

2015 Iowa Cell Tower Legislation Lists 13 actions that local governments cannot take into consideration when reviewing tele- communication tower requests.

1. Require an applicant to submit information about service design, customer demand, or quality of service 2. Force an applicant to co-locate on an existing tower. a. Can require the application to state they conducted an analysis of available sites. 3. Dictate the type of transmission equipment or technology used, or discriminate be- tween different types of technology. 4. Require removal of existing towers as a condition of approval. a. Can adopt rules regarding removal of abandoned towers (see #10). 5. Impose environmental testing, sampling, or monitoring requirements for radio fre- quency emissions. 6. Regulate radio frequency signal strength or the adequacy of service quality. 7. Reject the application based on perceived or alleged environmental effects of radio frequency emissions. 8. Prohibit the placement of emergency power systems that comply with federal and state environmental requirements.

9. Charge an application fee, consulting fee, or other fee associated with the submis- sion, review, processing, or approval of an application that is not required for similar types of commercial development. 10. Impose surety requirements to ensure removal of abandoned or unused towers equipment unless imposed on other types of commercial development. 11. Condition approval on agreement to allow co-location at less than the market rate. 12. Limit the duration of the approval of an application except that construction shall be commenced within two years of final approval, and diligently pursued to completion. 13. Discriminate on the basis of the ownership of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or evaluating applica- tions.

The following Municipal Code requirements from Subsection 25.02.190 (25) Agricultural, Indus- trial, Utility, and Communication Use Standards apply to this project:

Wireless Telecommunication Towers are allowed as follows: c. Site Plan Required. All new towers shall be subject to the public meeting and hearing procedures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recom- mendation to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision. The petitioner has submitted the site plan for Planning and Zoning Commission and City Council review. d. Use Restrictions. Following are the principal permitted uses that may be approved as part of a site plan subject to the provisions set out in this Code: 1. Telecommunication towers without regard to the height limits of the applicable zoning dis- trict, subject to the following: A. All telecommunication facilities shall be permitted only in conformance with approval of the site plan; and B. All towers, antennae, and other telecommunication facilities shall meet or exceed all standards and requirements of the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the state or federal governments, as well as the City’ s building, electrical, mechanical, and any other applicable codes. 2. Accessory uses permitted that may be approved as part of a site plan include telecommunica- tion towers serving only the needs of a principal permitted use on the same lot without re- gard to the height limits of the applicable zoning district. e. Bulk Regulations. 1. Height. The maximum height that may be approved for a telecommunication tower as part of a site plan is 200 feet, except that a tower with a height up to 250 feet may be approved by the City Council if it is determined that the increased height of the tower: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations.

The petitioner is requesting a telecommunication tower 190 feet in height, including ac- cessory base equipment enclosed by fencing at the base of the tower. 2. Setbacks. A. Telecommunication towers shall be set back the greater distance of: I. The setback requirements of the underlying district; II. 200 feet from any residential district or use; III. 25 percent of the height of the tower; or IV. The distance specified as a potential hazard area by the designer of the structure. B. Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district. The proposed tower is setback greater than 200 feet from any surrounding residential us- es, and does not include guy wires. f. Parking Requirements. 1. One parking and loading space shall be required to serve a telecommunication tower site; and 2. If the site is more than 100 feet from a paved road, hard-surfacing of parking and loading spaces and driveways shall not be required for those portions of the site lying more than 100 feet from any paved road. The proposed tower has a lease and access easement to South Cleveland Street. The site plan is proposing utilizing the existing gravel access road, and would meet the above requirement as the site is located approximately 500 feet from the gravel South Cleveland Street. g. Tower Design. 1. All telecommunication towers shall meet or exceed current published EIA/TIA structural standards and shall have adequate load-bearing capacity to carry the antennas of three simi- lar providers; 2. Lattice-work trussed or guy-wired towers may be allowed in the BP and GI Districts. Free- standing, monopole tower structures shall be allowed in any base district, but lattice work or guy-wired towers may be approved by the City Council as part of the requirements for ap- proval of a site plan if they determine that the type of tower construction: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations. 3. Stealth and/or camouflage design of towers and antennas may be required to reduce the vis- ual impact of the structure, especially in residential districts. 4. Towers shall be a neutral color such as a non-contrasting gray or similar color, and not in- clude signage painted on the tower. The petitioner originally proposed tower a lattice designed tower with the antenna systems located outside the tower structure. The property the tower is proposed to be constructed on

is zoned NC.3, and a lattice tower would not be allowed. The petitioner provided an updated design for the proposed tower that is a monopole design that meets the requirements of the Municipal Code. h. Lighting. Telecommunication towers shall only be illuminated as required by the Federal Com- munication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security light- ing around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way. i. Screening. An opaque screen that is at least eight feet in height must surround the base of a tele- communication tower. The screening should also include landscaping provisions, consisting of a Type B bufferyard set out in Subsection 25.02.190 Bufferyard Types, for any portions of the de- velopment visible from an adjacent residential district or use or public rights-of-way. The use of barbed wire or other security measure shall be allowed only as specifically approved in the devel- opment plan. Screening requirements may be waived if the design of the tower is found to be com- patible with the adjacent land uses. The petitioner originally proposed an 8’ tall chain link fence with barbed wire extending above the fence. City Staff worked with the petitioner, and an updated plan was provided with an 8’ tall opaque fence. The base of the tower would not be visible from any adjacent right of way or resi- dential district, and Staff would agree the Type B Bufferyard requirement would not be needed in this location.

j. Removal of Abandoned Towers. A tower that is not used for a period of 12 consecutive months, or that has not been inspected pursuant to Inspections, below, shall be considered abandoned, and the owner shall remove the tower from the property within 90 days of receipt of notice from the Administrator. An abandoned tower that is not removed within the 90 day period is a public nuisance, and the City shall take actions to abate the nuisance by removal and assess the costs thereof to the property. k. Inspections. Telecommunication towers shall be inspected by a qualified tower inspection ser- vice once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection report shall be prepared and filed with the Inspection Services Division. The required report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition.

City Staff believe that the proposed site plan meets the requirements of the Municipal Code re- quirements and various legislative requirements.

EXISTING ZONING AND LAND USE: NC.3 ; Single Family Dwelling

EXISTING ZONING REQUIREMENTS: The NC.3 district is meant for a mixture of single-family detached and single-family attached dwellings on small lots.

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.2 ; Single Family Dwelling South: NC.5 ; Regency Manufactured Home Community East: NC.3 ; Single Family Dwelling West: NC.4 ; Single Family Dwelling

DEPARTMENT COMMENTS None.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Suburban Residential”. “Suburban Resi- dential” is defined as development consistent with contemporary design practices that are sensi- tive to existing environmental characteristics of the location.

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

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

FLOOD PLAIN: Portions of the subject property are located in the Bacon Creek flood plain. The proposed tower location is not located in a flood plain.

CITIZEN RESPONSE: Twenty-seven notices were sent within the required timeframe. One phone call was received in opposition.

ATTACHMENT A

ORDINANCE NO. 2019 - ______

ORDINANCE ADOPTING A SITE PLAN FOR 4200 GREEN AVENUE. (AREA ZONED NC.3 (NEIGHBORHOOD CONSERVATION, 6,000 SQUARE FEET PER UNIT MINIMUM))

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

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

Section 2: That Ordinance No. 2015-0215, as amended, also known and identified as the Sioux City Zoning and Sign Ordinance, is hereby amended by adding thereto the following to be known as Section 25.02.030.1354 of said Ordinance No. 2015-0215 as amended:

25.02.030.1354: The Site Plan dated March 21, 2019 for property presently zoned NC.3 (Neighborhood Conservation, 6,000 square feet per unit minimum) and legally described as follows:

A parcel of land, being a part of and lying entirely within the Northeast Quarter of the Northeast Quarter of Section 35, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 35;

Thence along and upon the east line of the Northeast Quarter of the Northeast Quarter of said Section 35, also being the west right-of-way of Cleveland Street, North 01°27'35" east, a distance of 191.23 feet to the southeasterly corner of the proposed access/utility easement;

Thence leaving said east line and said west right-of-way line, and along upon the southerly line of said access/utility easement, South 75°47'58" West, a distance of 250.27 feet (L1);

Thence continuing along upon the southerly line of said access/utility easement, South 87°03'33" West, a distance of 106.10 feet (L2);

Thence continuing along upon the southerly line of said access/utility easement, North 71°01'42" West, a distance of 81.76 feet (L3);

Thence continuing along upon the southerly line of said access/utility easement, North 88°32'25" West, a distance of 84.27 feet (L4) to the southwest corner of said access/utility easement, also being the point-of- beginning;

Thence North 88°32'25" West, a distance of 100.00 feet (L13);

Thence North 01°27'35" East, a distance of 100.00 feet (L14);

Thence South 88°32'25" East, a distance of 100.00 feet (L15) to the northwest corner of said access/utility easement;

Thence along and upon the west line of said access/utility easement, South 01°27'35" West, a distance of 100.00 feet (L16), to the point-of-beginning;

Containing 10,000 square feet (0.23 acres) more or less and extending to the center line of abutting right-of-way,

is hereby adopted and approved.

Section 3: That a detailed site plan dated March 21, 2019 including, but not limited to, a site development map and text to be used for the development of the above described property is on file in the office of the City Clerk of the City of Sioux City, Iowa, and is hereby approved and adopted and is by this reference made a part hereof.

Section 4: That the boundaries of zones as shown on the official zoning map on file in the office of the City Clerk of the City of Sioux City, Iowa, is hereby modified and corrected in ac- cordance herewith, and said map and all information shown thereon shall be as much a part of this Ordinance as though all the matters and information set forth in said map were fully set forth herein.

Section 5: That all Ordinances, or parts of Ordinances, in conflict herewith are to the extent of such conflict hereby repealed.

Section 6: That this Ordinance shall be and become effective upon its passage, approval and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 6, 2019

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

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

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2019-______adopted by the City Council of Sioux City on ______, 2019. Signed this ______day of ______, 2019.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 11, 2019

Lisa L. McCardle, City Clerk

ORDINANCE ADOPTING A SITE PLAN FOR 4200 GREEN AVENUE. (AREA ZONED NC.3 (NEIGHBORHOOD CONSERVATION, 6,000 SQUARE FEET PER UNIT MINIMUM))

This is a summary of Ordinance Number 2019-______passed by the Sioux City City Council on ______, 2019 and is effective today. A complete copy of the ordi- nance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance adopts a Site Plan dated March 21, 2019 for property within the City of Sioux City, Woodbury County, Iowa, presently zoned NC.3 (Neighborhood Conservation, 6,000 square feet per unit minimum) and legally described as follows:

A parcel of land, being a part of and lying entirely within the Northeast Quarter of the Northeast Quarter of Section 35, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 35;

Thence along and upon the east line of the Northeast Quarter of the Northeast Quarter of said Section 35, also being the west right-of-way of Cleveland Street, North 01°27'35" east, a distance of 191.23 feet to the southeasterly corner of the proposed access/utility easement;

Thence leaving said east line and said west right-of-way line, and along upon the southerly line of said access/utility easement, South 75°47'58" West, a distance of 250.27 feet (L1);

Thence continuing along upon the southerly line of said access/utility easement, South 87°03'33" West, a distance of 106.10 feet (L2);

Thence continuing along upon the southerly line of said access/utility easement, North 71°01'42" West, a distance of 81.76 feet (L3);

Thence continuing along upon the southerly line of said access/utility easement, North 88°32'25" West, a distance of 84.27 feet (L4) to the southwest corner of said access/utility easement, also being the point-of- beginning;

Thence North 88°32'25" West, a distance of 100.00 feet (L13);

Thence North 01°27'35" East, a distance of 100.00 feet (L14);

Thence South 88°32'25" East, a distance of 100.00 feet (L15) to the northwest corner of said access/utility easement;

Thence along and upon the west line of said access/utility easement, South 01°27'35" West, a distance of 100.00 feet (L16), to the point-of-beginning;

Containing 10,000 square feet (0.23 acres) more or less and extending to the center line of abutting right-of-way.

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2019.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

Notice is hereby given that at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered, on May 6, 2019, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, there will be conducted a public hearing by the City Council on the proposed amendment to the Zoning and Sign Ordinance of the City of Sioux City, Iowa, pro- posing the following change:

25.02.030.1354: Adoption of a site plan for the following described real property zoned as NC.3 (Neighborhood Conservation, 6,000 square feet per unit minimum):

A parcel of land, being a part of and lying entirely within the Northeast Quarter of the Northeast Quarter of Section 35, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 35;

Thence along and upon the east line of the Northeast Quarter of the Northeast Quarter of said Section 35, also being the west right-of-way of Cleveland Street, North 01°27'35" east, a distance of 191.23 feet to the southeasterly corner of the proposed access/utility easement;

Thence leaving said east line and said west right-of-way line, and along upon the southerly line of said access/utility easement, South 75°47'58" West, a distance of 250.27 feet (L1);

Thence continuing along upon the southerly line of said access/utility easement, South 87°03'33" West, a distance of 106.10 feet (L2);

Thence continuing along upon the southerly line of said access/utility easement, North 71°01'42" West, a distance of 81.76 feet (L3);

Thence continuing along upon the southerly line of said access/utility easement, North 88°32'25" West, a distance of 84.27 feet (L4) to the southwest corner of said access/utility easement, also being the point-of- beginning;

Thence North 88°32'25" West, a distance of 100.00 feet (L13);

Thence North 01°27'35" East, a distance of 100.00 feet (L14);

Thence South 88°32'25" East, a distance of 100.00 feet (L15) to the northwest corner of said access/utility easement;

Thence along and upon the west line of said access/utility easement, South 01°27'35" West, a distance of 100.00 feet (L16), to the point-of-beginning;

Containing 10,000 square feet (0.23 acres) more or less and extending to the center line of abutting right-of-way.

(4200 Green Avenue) (2019-0023)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 29, 2019.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PLAN

ATTACHMENT E

RENDERINGS

ATTACHMENT F

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 23 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance adopting a site plan for 4901 Frelon Drive. (Area Zoned GI (General Industrial)). (Petitioner: Joshua Watson – U.S. Cellular). SUBJECT: The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0022).

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested site plan, subject to the follow- ing findings.

Planning and Zoning Commission: Agenda Item 2019-0022: Requested site plan approval for the property located at 4901 Frelon Drive. (Petitioner: Joshua Watson- US Cellular)

Chris Madsen presented on the site plan approval for a cell tower located at 4901 Frelon Drive. The tower is a lattice design. The petitioner is requesting a curb cut on Frelon Drive. Madsen also went over all rules and regulations regarding the tower and its approval. The pe- titioner has requested the use of a chain-link fence and, like on the other application, staff re- quests a change of the fence to opaque. Staff would also request that the gravel drive be paved for the first 25 feet so that it doesn’t pull gravel onto Frelon Drive.

Geary wanted to know who offers the permit for the curb cut. Madsen stated that they are working with Engineering Division separately. Bostinelos clarified that Madsen wanted to add the pavement of the first 25 feet off Frelon Drive because it isn’t in the staff report. Madsen stated yes that was a condition of approval.

Petitioner: Daniel White (1202 Ridgemont Drive, Urbandale) is a project manager with US Cellular. The only add on he had was that he is currently working with the Engineering Divi- sion and he doesn’t believe there will be a curb cut needed. Bostinelos clarified that he was okay with the 25 foot of pavement that would need to be added. White stated that they are in agreement with all the conditions of approval.

In Favor: Sister Shirley (5301 Frelon Drive) stated that she would like to know if they are de- veloping the property that the tower is going on? Madsen stated there are not any site plans for that property. She also asked if there was sound or lights that would be coming out from

this antenna. White stated that there is no sound that comes from the tower and that the size of this tower does not require a light. Stewart (Silverberg) moved to approve the item with conditions of the first 25 foot section of road being paved and an opaque fence replacing the proposed chain link fence. Motion car- ried. 5-0-0 (Yes: Geary, Stewart, Calligan, Beukelman, Bostinelos No: 0 Abstain: 0).

Findings of Fact: 1) The proposed tower will be 190’ in height. 2) The petitioner has proposed a lattice designed tower. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 4) Obtain State Historic Preservation Office approval. 5) Replace chain link fence with an opaque privacy fence. 6) Pave first 25’ of access drive with concrete or asphalt.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: 1) None.

ATTACHMENTS: Attachment A: Ordinance Attachment B: General Area Map Attachment C: Notification Map Attachment D: Site Plan Attachment E: Site Renderings Attachment F: Application

BACKGROUND REPORT: The petitioner, Joshua Watson – U.S. Cellular, requests site plan approval for a 190 foot tall tel- ecommunication tower on property located at 4901 Frelon Drive. The Municipal Code requires that telecommunication towers require site plan approval through the Planning and Zoning Commission and City Council. According to Municipal Code Section 25.02.190(25.c.):

Site Plan Required. All new towers shall be subject to the public meeting and hearing procedures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recommenda- tion to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision.

Section 106 of the National Historic Preservation Act requires that all new cell towers receive approval through the State Historic Preservation Office, with comment from the local Historic Preservation Commission. These approvals would be required after City approval of the site plan.

ANALYSIS: As stated, the petitioner is requesting site plan approval for a telecommunication tower located at 4901 Frelon Drive. Telecommunication towers have a number of requirements for approval, including State Historic Preservation office and the standards in the Sioux City Municipal Code, which will be outlined below. There are also a number of court cases and legislative require- ments that restrict what a City is able to review with telecommunication towers. These include the following, and information taken from Gary Taylor, professor of Planning Law with Iowa State University:

2009 “FCC Shot Clock” Rule A City must act upon a new tower within 150 days of receiving an application.

2015 Iowa Cell Tower Legislation Lists 13 actions that local governments cannot take into consideration when reviewing tele- communication tower requests.

1. Require an applicant to submit information about service design, customer demand, or quality of service. 2. Force an applicant to co-locate on an existing tower. a. Can require the application to state they conducted an analysis of available sites. 3. Dictate the type of transmission equipment or technology used, or discriminate be- tween different types of technology. 4. Require removal of existing towers as a condition of approval. a. Can adopt rules regarding removal of abandoned towers (see #10). 5. Impose environmental testing, sampling, or monitoring requirements for radio fre- quency emissions. 6. Regulate radio frequency signal strength or the adequacy of service quality. 7. Reject the application based on perceived or alleged environmental effects of radio frequency emissions. 8. Prohibit the placement of emergency power systems that comply with federal and state environmental requirements. 9. Charge an application fee, consulting fee, or other fee associated with the submis- sion, review, processing, or approval of an application that is not required for similar types of commercial development. 10. Impose surety requirements to ensure removal of abandoned or unused towers equipment unless imposed on other types of commercial development. 11. Condition approval on agreement to allow co-location at less than the market rate. 12. Limit the duration of the approval of an application except that construction shall be commenced within two years of final approval, and diligently pursued to completion. 13. Discriminate on the basis of the ownership of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or evaluating applica- tions.

The following Municipal Code requirements from Subsection 25.02.190 (25) Agricultural, Indus- trial, Utility, and Communication Use Standards apply to this project:

Wireless Telecommunication Towers are allowed as follows: c. Site Plan Required. All new towers shall be subject to the public meeting and hearing procedures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recom- mendation to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision. The petitioner has submitted the site plan for Planning and Zoning Commission and City Council review. d. Use Restrictions. Following are the principal permitted uses that may be approved as part of a site plan subject to the provisions set out in this Code: 1. Telecommunication towers without regard to the height limits of the applicable zoning dis- trict, subject to the following: A. All telecommunication facilities shall be permitted only in conformance with approval of the site plan; and B. All towers, antennae, and other telecommunication facilities shall meet or exceed all standards and requirements of the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the state or federal governments, as well as the City’ s building, electrical, mechanical, and any other applicable codes. 2. Accessory uses permitted that may be approved as part of a site plan include telecommunica- tion towers serving only the needs of a principal permitted use on the same lot without re- gard to the height limits of the applicable zoning district. e. Bulk Regulations. 1. Height. The maximum height that may be approved for a telecommunication tower as part of a site plan is 200 feet, except that a tower with a height up to 250 feet may be approved by the City Council if it is determined that the increased height of the tower: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations. The petitioner is requesting a telecommunication tower 190 feet in height, including ac- cessory base equipment enclosed by fencing at the base of the tower. 2. Setbacks. A. Telecommunication towers shall be set back the greater distance of: I. The setback requirements of the underlying district; II. 200 feet from any residential district or use; III. 25 percent of the height of the tower; or IV. The distance specified as a potential hazard area by the designer of the structure. B. Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district. The proposed tower is setback greater than 200 feet from any surrounding residential us- es, and does not include guy wires.

f. Parking Requirements. 1. One parking and loading space shall be required to serve a telecommunication tower site; and 2. If the site is more than 100 feet from a paved road, hard-surfacing of parking and loading spaces and driveways shall not be required for those portions of the site lying more than 100 feet from any paved road. The proposed tower has a lease and access easement to Frelon Drive. The site plan is propos- ing a 12’ gravel access road, and would meet the above requirement as the site is located ap- proximately 157 feet from the paved Frelon Drive. City Staff would request that the first 25’ of the gravel acces road be hard surfaced to reduce aggregate that will be tracked onto Frelon Drive, in accordance with Section 25.05.040.7(1.b.2.) Surfacing and Maintenance: Subsection 25.05.040.7 Surfacing and Maintenance 1. Surfacing. Off-street parking and vehicular use areas shall be surfaced as follows: a. Off-street parking areas are required to be graded and constructed of Portland cement con- crete (PCC) or asphalt as approved by the City Manager or his or her designee. Such surface must protect against potholes, erosion, and dust. b. In appropriate locations, the City Manager or his or her designee may permit less durable surfaces for portions of off-street parking facilities provided that: 1. The perimeter of such areas are defined by curbing, bricks, stones, railroad ties, or other similar devices; 2. Surfaces with loose materials are set back at least 25 feet from public street right-of-way; 3. The material does not generate an inordinate amount of dust; 4. It is located in areas proximate to and in combination with on-site storm water control devices; and 5. The area does not exceed 25 percent of the required parking area for the site. g. Tower Design. 1. All telecommunication towers shall meet or exceed current published EIA/TIA structural standards and shall have adequate load-bearing capacity to carry the antennas of three simi- lar providers; 2. Lattice-work trussed or guy-wired towers may be allowed in the BP and GI Districts. Free- standing, monopole tower structures shall be allowed in any base district, but lattice work or guy-wired towers may be approved by the City Council as part of the requirements for ap- proval of a site plan if they determine that the type of tower construction: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations. 3. Stealth and/or camouflage design of towers and antennas may be required to reduce the vis- ual impact of the structure, especially in residential districts. 4. Towers shall be a neutral color such as a non-contrasting gray or similar color, and not in- clude signage painted on the tower.

The proposed tower is a lattice designed tower with the antenna systems located outside the tower structure. The property the tower is proposed to be constructed on is zoned GI, and a lattice tower would be allowed. Staff believe the design requirements are met on the site plan. h. Lighting. Telecommunication towers shall only be illuminated as required by the Federal Com- munication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security light- ing around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way. i. Screening. An opaque screen that is at least eight feet in height must surround the base of a tele- communication tower. The screening should also include landscaping provisions, consisting of a Type B bufferyard set out in Subsection 25.02.190 Bufferyard Types, for any portions of the de- velopment visible from an adjacent residential district or use or public rights-of-way. The use of barbed wire or other security measure shall be allowed only as specifically approved in the devel- opment plan. Screening requirements may be waived if the design of the tower is found to be com- patible with the adjacent land uses. The petitioner is proposing an 8’ tall chain link fence with barbed wire extending above the fence. A rendering of the proposal is below:

City Staff would request the fencing be opaque in nature, as the base of the tower would be visi- ble from Business Highway 75 and the Highway 75 Bypass. j. Removal of Abandoned Towers. A tower that is not used for a period of 12 consecutive months, or that has not been inspected pursuant to Inspections, below, shall be considered abandoned, and the owner shall remove the tower from the property within 90 days of receipt of notice from the Administrator. An abandoned tower that is not removed within the 90 day period is a public nuisance, and the City shall take actions to abate the nuisance by removal and assess the costs thereof to the property. k. Inspections. Telecommunication towers shall be inspected by a qualified tower inspection ser- vice once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection report shall be prepared and filed with the Inspection Services Division. The required report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition.

City Staff believe that the proposed site plan meets the requirements of the Municipal Code re- quirements and various legislative requirements.

EXISTING ZONING AND LAND USE: GI ; Vacant / Farmland

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

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.5 ; Siouxland Restoration Center South: GI ; GSI Group East: GI ; Business highway 75 / Highway 75 Bypass West: AG ; Farmland

DEPARTMENT COMMENTS None.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Suburban Residential”. “Suburban Resi- dential” is defined as development consistent with contemporary design practices that are sensi- tive to existing environmental characteristics of the location.

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

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

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

CITIZEN RESPONSE: Four notices were sent within the required timeframe. No responses have been received.

ATTACHMENT A

ORDINANCE NO. 2019 - ______

ORDINANCE ADOPTING A SITE PLAN FOR 4901 FRELON DRIVE. (AREA ZONED GI (GENERAL INDUSTRIAL))

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

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

Section 2: That Ordinance No. 2015-0215, as amended, also known and identified as the Sioux City Zoning and Sign Ordinance, is hereby amended by adding thereto the following to be known as Section 25.02.030.1353 of said Ordinance No. 2015-0215 as amended:

25.02.030.1353: The Site Plan dated March 29, 2019 for property presently zoned GI (General Industrial) and legally described as follows:

A parcel of land, being a part of and lying entirely within the Southwest Quarter of Section 1, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the west 1/4 corner of said Section 1;

Thence along and upon the Quarter Section line of said Section 1, South 85°47'39" East, a distance of 1919.80 feet;

Thence leaving said Quarter Section line South 14°44'37" West, a distance of 164.64 feet to the point-of-beginning;

Thence South 75°15'23" East, a distance of 75.00 feet (L1);

Thence South 14°44'37" West, a distance of 75.00 feet (L2);

Thence North 75°15'23" West, a distance of 75.00 feet (L3);

Thence North 14°44'37" East, a distance of 75.00 feet (L4), to the point of beginning;

Containing 5,625 square feet (0.13 acres) more or less and extending to the center line of abutting right-of-way, is hereby adopted and approved.

Section 3: That a detailed site plan dated March 29, 2019 including, but not limited to, a site development map and text to be used for the development of the above described property is on file in the office of the City Clerk of the City of Sioux City, Iowa, and is hereby approved and adopted and is by this reference made a part hereof.

Section 4: That the boundaries of zones as shown on the official zoning map on file in the office of the City Clerk of the City of Sioux City, Iowa, is hereby modified and corrected in ac- cordance herewith, and said map and all information shown thereon shall be as much a part of this Ordinance as though all the matters and information set forth in said map were fully set forth herein.

Section 5: That all Ordinances, or parts of Ordinances, in conflict herewith are to the extent of such conflict hereby repealed.

Section 6: That this Ordinance shall be and become effective upon its passage, approval and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 6, 2019

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

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

The undersigned does hereby certify the foregoing is a correct copy of Ordinance No. 2019-______adopted by the City Council of Sioux City on ______, 2019. Signed this ______day of ______, 2019.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 11, 2019

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2019-0022.Docx

ORDINANCE ADOPTING A SITE PLAN FOR 4901 FRELON DRIVE. (AREA ZONED GI (GENERAL INDUSTRIAL))

This is a summary of Ordinance Number 2019-______passed by the Sioux City City Council on ______, 2019 and is effective today. A complete copy of the ordi- nance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance adopts a Site Plan dated March 29, 2019 for property within the City of Sioux City, Woodbury County, Iowa, presently zoned GI (General Industrial) and legally described as follows:

A parcel of land, being a part of and lying entirely within the Southwest Quarter of Section 1, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the west 1/4 corner of said Section 1;

Thence along and upon the Quarter Section line of said Section 1, South 85°47'39" East, a distance of 1919.80 feet;

Thence leaving said Quarter Section line South 14°44'37" West, a distance of 164.64 feet to the point-of-beginning;

Thence South 75°15'23" East, a distance of 75.00 feet (L1);

Thence South 14°44'37" West, a distance of 75.00 feet (L2);

Thence North 75°15'23" West, a distance of 75.00 feet (L3);

Thence North 14°44'37" East, a distance of 75.00 feet (L4), to the point of beginning;

Containing 5,625 square feet (0.13 acres) more or less and extending to the center line of abutting right-of-way.

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2019.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

Notice is hereby given that at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered, on May 6, 2019, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, there will be conducted a public hearing by the City Council on the proposed amendment to the Zoning and Sign Ordinance of the City of Sioux City, Iowa, pro- posing the following change:

25.02.030.1353: Adoption of a site plan for the following described real property zoned as GI (General Industrial):

A parcel of land, being a part of and lying entirely within the Southwest Quarter of Section 1, Township 89 North, Range 47 West of the 5th P.M., Woodbury County, Iowa, and is more particularly described as follows:

Commencing at the west 1/4 corner of said Section 1;

Thence along and upon the Quarter Section line of said Section 1, South 85°47'39" East, a distance of 1919.80 feet;

Thence leaving said Quarter Section line South 14°44'37" West, a distance of 164.64 feet to the point-of-beginning;

Thence South 75°15'23" East, a distance of 75.00 feet (L1);

Thence South 14°44'37" West, a distance of 75.00 feet (L2);

Thence North 75°15'23" West, a distance of 75.00 feet (L3);

Thence North 14°44'37" East, a distance of 75.00 feet (L4), to the point of beginning;

Containing 5,625 square feet (0.13 acres) more or less and extending to the center line of abutting right-of-way.

(4901 Frelon Drive) (2019-0022)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 29, 2019.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PLAN

ATTACHMENT E

RENDERINGS

ATTACHMENT F

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 6, 2019 ACTION ITEM # 24 Mike Collett, Assistant City Manager FROM: Stan LaFave, Facilities Maintenance Supervisor/Project Manager

Hearing and Resolution approving plans, specifications, form of contract, SUBJECT: and estimated cost for construction of the Tyson Events Center Building Automation System Upgrades Project (Project No. 7052-379-010).

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

RECOMMENDATION: Staff respectfully requests that the City Council conduct a public hearing and approve the construction documents for the Tyson Events Center Building Automation System Upgrades Project (Project No. 7052-379-010).

DISCUSSION: West Plains Engineering, Inc. of Sioux Falls, South Dakota prepared plans and specifications for the Tyson Events Center Building Automation System Upgrades Project. This project in- cludes the furnishing and installation of new field equipment controllers for upgrades to the existing building automation system including the building smoke control system.

A bid letting will take place May 21, 2019. The project is to be completed by November 29, 2019.

FINANCIAL IMPACT: This project is funded under CIP 379-010, annual EFAB Remodel and Repair. The Engineer’s opinion of probable construction cost for the work is $300,000.00. The project currently has an available balance of $938,141.00.

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

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

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR CONSTRUCTION OF THE TYSON EVENTS CENTER BUILDING AUTOMATION SYSTEM UPGRADES PROJECT (PROJECT NO. 7052-379-010).

WHEREAS, on the 22nd day of April 2019, plans, specifications, form of contract and estimated cost were filed with the Clerk of Sioux City, Iowa, for construction of the Tyson Events Center Building Automation System Upgrades Project, within the corporate limits; and

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

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

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the plans, specifications, form of contract and estimated cost for the construction of the Tyson Events Center Building Automation System Upgrades Project be and the same are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project.

PASSED AND APPROVED: May 6, 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: May 6, 2019 ACTION ITEM # 25 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution approving proposal to sell certain real property, authorizing a Corrective City Deed and rescinding all conflicting resolu- SUBJECT: tions (The south one-half of vacated Darling Avenue abutting 3615 7th street) (Petitioner: Darrell D. Knee and Karen S. Knee) (Purchase price: $1,755.60 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 ap- prove the proposal to sell the south one-half of vacated Darling Avenue abutting 3615 7th Street to Darrell D. Knee and Karen S. Knee. This portion of street was vacated by Ordinance No. 2019-0100 dated February 4, 2019. The Knees own the abutting property and would like to add the vacated right of way to the property that they own. This property was transferred previously by Resolution 2019-0203 dated March 11, 2019. An error in the legal description was found and a corrective city deed is requested to amend the error.

The resolution on Monday’s agenda authorizes the issuance of a city deed to Darrell D. Knee and Karen S. Knee.

FINANCIAL IMPACT: The amount of $1,755.60 plus costs was received previously.

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 Corrective City Deed Offer to Purchase Aerial

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING PROPOSAL TO SELL CERTAIN REAL PROPER- TY, AUTHORIZING A CORRECTIVE CITY DEED AND RESCINDING ALL CONFLICTING RESOLUTIONS (THE SOUTH ONE-HALF OF VACATED DAR- LING AVENUE ABUTTING 3615 7TH STREET) (PETITIONER: DARRELL D. KNEE AND KAREN S. KNEE) (PURCHASE PRICE: $1,755.60 PLUS COSTS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to sell the fol- lowing described real property in Resolution No. 2019-0343, passed and approved April 22, 2019:

The south one-half of vacated Darling Avenue abutting Lots 6 and 7, including the intersection with the north/south alley in Block 9, Cohen and Marks’ Addition to Sioux City, Woodbury County, Iowa; and

WHEREAS, a public hearing was held on said proposal on May 6, 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 corrective city deed prepared in accordance with the previously received “Offer To Purchase” is attached hereto and by this reference made a part hereof; and

WHEREAS, said corrective city deed is prepared to correct the legal description in a previous city deed filed on March 25, 2019 at Roll 763, Images 6727-6732, and authorized by Resolution No. 2019-0203 passed and approved March 11, 2019, which should be rescinded.

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 pream- ble hereof, be and the same are hereby overruled.

BE IT FURTHER RESOLVED, that the above described real property be sold to Darrell D. Knee and Karen S. Knee in accordance with the terms and conditions set forth in Resolution No. 2019-0343, passed and approved April 22, 2019.

BE IT FURTHER RESOLVED that the corrective city deed attached hereto conveying said property to Darrell D. Knee and Karen S. Knee, 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 corrective city deed and the costs incurred in this sale that the corrective city deed be delivered to the pur- chasers.

BE IT FURTHER RESOLVED that Resolution No. 2019-0203 passed and approved March 11, 2019 be and the same is hereby rescinded.

PASSED AND APPROVED: May 6, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Knee Sale 2R (Abutting 3615 7th 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: Darrell D. Knee and Karen S. Knee 3615 7th Street, Sioux City IA 51105

CORRECTIVE 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 THOUSAND SEVEN HUNDRED FIFTY-FIVE DOLLARS AND SIXTY CENTS ($1,755.60) in hand paid by Darrell D. Knee and Karen S. Knee of the County of Woodbury and State of Iowa, does hereby release, remise, convey and quit claim unto the said Darrell D. Knee and Karen S. Knee, husband and wife as joint tenants with right of survivorship and not as ten- ants 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:

The south one-half of vacated Darling Avenue abutting Lots 6 and 7, including the intersection with the north/south alley in Block 9, Cohen and Marks’ Addition to Sioux City, Woodbury County, Iowa.

This deed is subject to the right of the City of Sioux City, Iowa, to use said real estate in connec- tion 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 de- livered.

This deed is prepared to correct the legal description in a previous city deed filed on March 25, 2019 at Roll 763, Images 6727-6732, and authorized by Resolution No. 2019-0203 passed and approved March 11, 2019.

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 6th day of May, 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 6th day of May, 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, respective- ly, 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 authori- ty of its City Council, as contained in Resolution No. 2019-______passed on the 6th day of May, 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: May 6, 2019 ACTION ITEM # 26 FROM: Anne Westra, City Manager’s Office

SUBJECT: Downtown Partners Quarterly Update Presentation

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

RECOMMENDATION: Staff respectfully requests Council to review the project updates presented by members of the Downtown Partners Board and Executive Director.

DISCUSSION: As discussed at the joint City Council and Downtown Partners Board annual meeting, quarter- ly updates regarding downtown projects will be presented to the City Council.

FINANCIAL IMPACT: No financial impact is anticipated.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Economic Opportunity Focus Area – Grow Sioux City Leverage strengths and assets to develop critical mass in downtown

ALTERNATIVES: N/A

ATTACHMENTS: None